The Kansas herald of freedom., 1855-09-01

established maxim, de miniB,us non cstTut
ter, "the law disregards triaes, should
feel that position to be .impregaabie. Ii
is due to ourselves to add, that it would
be an unjust inference, from these. sug-
gestions, to suppose that we regard the
establishment of seats of government as
a matter of indifference. On the contra
ry, they are in entire consonance with the
highest appreciation of the advantages
and necessity of such establishment
Suffice this to guard against misappre-
hension, without departing from the
line of argument, to illustrate the i'm
portance of fixed places for governments
al purposes, and the propriety in gelierais
of their performing legislative functions.
We are not, however, confined to gen.
eral principles, but may, with confidence
turn to the provisions of the organic act
of 1854, chap. SO, the act of 1856, chap.
267, sec. 6, and the further act of 1855,
chap. 67, in discussing the question OF
your right to locate, temporarily, tie seat
of government of the Territory, as we
now propose 10 do.
The 9th section Of the first named
act declares that ''the legislative power
of the Territory shall extend to all right
ful subjects Of Legislation, consistent
with the constitution of the United
States and the provisions of this act
Some limitations follow, but do not affect
the question under review.
1t is supposed that but for the 5lst
section, no doubt would exist but that
under the 9th the Legislative Assem-
bly, would have clear right to designate
the seat Of government. either Temporal
rily or permanently, or that if any ground
of doubt could be found it would be IN
that clause of the 29d section which
provides that "the persons thus elected
to the Legislative Assembly shall meet
at such place and on such day as the
Governor shall appoint" but thereafter
the time, place and manner of holding
and conducting all elections by the peo-
pie, ''shall be prescribed by law, as well
as the day of the commencement of the
regular sessions of the Legislative As
sembly."
For the sake of simplicity and clear
ness, the 24.h section will be examined
first, in conHexion with tie 31st, as also
with the appropriations OF section Of
chapter 267, 1854, and of 1855, and af-
terwards in eonnexion with the 22d Sec
tion of tho oritrinaI act
The language of the Oath section has
been already quoted, Chat of the 31st is
in the following words, THAT the seat of
government of said Territory is hereby
located temporarily aEFoFt Leavenwofgb :
and that such portion of the public
buildings As may not be actually u,eI
and needed for military purposes, may
be occupied and used, undor the direc-
ton Of the Governor and Legislative
Assembly, for such public purposes as
may be required under the provisions of
this act.
In the construction Of this section, il
is most obvious that the use of the word
temporarily" must demand particular
attention. This would be true, ii to be
construed independently of any other, it
is much more SO when to be construed,
along with ethers, and when conflict is
to be avoided.
If omitted, or if substituted, by the
word permanently. an entirely different
phase would he given to the sectio;l.-
But the word temporarily" docs occur.
Why was it inserted ? TEis question
viii be answered by the solution of
another: Did Congress intend to desigg<s
nate seat of government until by It's own
further action in the premises, "a perlna-
nent one should be established, oranoth-
er temporary one pointed out, or was 1t
the purpose of Congress to designate
such seat of government TO provide for
exigencies that might arise before the
session of the Legislative Assembly,
leaving it to that body, as one of its ap
propriate rights, as of all similar assem-
ola@es, unless restrained by direct prohi-.
bition, either to continue there, after its
if convenient TO the public
interest, or to designate some other, since
it had accomplished the object of its tenn
porary creation? To this question, il
has seemed to us, there should be no
hesitation in making reply. The very
term used admits the existence of right
somewhere to change the place Why
temporarily" if no competent power
exists TO alter and change it Where
rests that power, in the absence of a pro-
hibition, if not in the body to assemble
for legislative purposes in the ferribosys
and having entrusted to it the great con-
cern of preserving and advancing the,
welfare of a rapidly poPulsting country,
a body which far beyond Congress has
the means Of Judging where, best for the
attainment. of these ends, they shall hold
their sessions.
Not. emily elementary writers, but ju-
dicial expounders of the law, have uni
fofmly regarded the object to be attained
by Legislative act, as all important to
aid in It's exposition.
But here not only,is there no prohibit
ton, but distinct authority in the Ian
guage of the 24th section, to legisiate on
this subject.
This can only be denied By asserting
contrary both to precedeutand principle,
that the location of a'seat of government
is not srightful subject of legislation. .
We say contrary to precedent and prin-
ciple, because both have been most en-
phatically affirmed by the highest iegis-
latire authority in this country. and from
1880 to this day, acquiesced in by the
highest Judicial as well as executive su-
thority of tie Federal Government.
A reference to the act of Congress of
1890, chapter %, and to the history of
the country from that period TO this.
settles, We. think, this proposition beyond
In appealing to the hisio-
~ of the times. we have the authority
Of the judicial tribunal aIreadv quoted
6 Howard p. - In asking the sane
ton of the ae4uiesence of the depart
ments of government, it would be pure
ly superfuous 10 cite authority, when
it IS remembered that this is the very
foundation of that large system known