The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-10-07

the law have uniformly regarded the object be attained
by legislative act amportant 10 aid IN its exposi-
ton.
authority in the language of the gath section to legsae
this subject.
This can only be denied by asserting contrary both to
precedent and principle that the location OF seat oil
government Is not "rghtfal subject OF legislation we
say contrary precedent and principle, because both
have been most emphaticay affirmed by the highest legs
laye authority in this country and from 1870 10 TINS day
aoquieseed in by the highest Judicial as well as executive
authority of the federal government
reference TO the act OF Congress OF 1880 Gu rs and 10
the history country from that period 10 this settles
we think this proposition beyond controversy. la APP
pealiug TO the history Of The tines we have The authority
of the Judicial tribunal already quoted u Howard, ~
asking the sanction Of the aequieseence OF the depart
ments Of government ii would be purely superiuous 10
cite authority when it Is remembered that this Is the very
foundation of that large system known as the common
law.
The act 1890 by its 9th section locates the seat Of gov
ernmen at Philadelphia until the first day of December
1900 thus temporarily and by its 9Th section locates II
permanently at the city OF Washington not 60 noHtne but
ihe district and place aforesaid which by the first sec
ton described district of territory exceeding ten
miles square be located hereafter directed the river
Potomac district since and now known the District OF
Columbia and the particular place since and now the city
of Washington Ii is confirmation OF this view, rather
than objection, that the constitution of the United
States 8 art lst concrs the right OF exclusive egs
aton' "over such district &c may by cession OF par
cuar States and the acceptance OF Congress- become the
of government of the United States &c, because II
win be observed that the grant of power here is to ezer
else legislation aud not to select seat OF government
this latter being really by the phraseology used merely ae
knowledged as legitimate exercise of an Indispensable
power See Story commentaries upon this seenon book
3, sec 1911.
Assuming then, that the location Of seat Of govern
ment temporarily permanently, Is "rghtfn subject of
legislation the argument becomes conclusive that the true
exposition of this section conrs ample authority for such
exercise of power that in question: while the use Of
the word temporarily in the 3st section, leaves the
question entirely free from the embarrassment of sup
posed prohibition.
Were II possible however that these views fall short of
concluding the question: it is only neednl to pursue the
legislation of Congress step two further 10 discover
distinct exposition by that body OF It's own nerpre
tation Of the subject
BY 8 chap 267 Of the statutes Of the session.
1854 appropriation was made Of twenty-five thousand
dollars or the erection OF public buildings for the use OF
the legislature of the Territory of Kansas upon terms
therein mentioned. This provision is too well known to
need full recital the especially as it referred to
rather in illustration Of the section next cited than as OF
itself illustrative Of the point in discussion.
1t may be observed in passing that notwithstanding
the insucency of this section accomplish the purpose
especially when the history ofts passage after failure
Of direct effort at repeal is known it pretty wide
ly thought for months after the PRONUNCIATION of the
establishment of the territorial authority, that this had, in
fact accomplished repeal Of the 3st section of the
ganc act which is now strangely enough by those enter
tanning this opinion supposed to be in full force despite
not only this section but the act of 1885, CHI l6T and your
own actat the present session.
Tracing the legislation of Congress step further, we
that at their last session. by chapter 67 moment
five thousand dollars but with this very material proviso
that neither this the twenty-five thousand dollars
heretofore appropriated shall be expended un the egis
aure of said Territory shall have fixed by law the perma-
OF government 1t is to this statute ask at
tention affirming the construction given the of
1854, CHI. SO, "a and 81.
1t will be observed that there is grant of power by
this act of 1855, ch 1871 to locate the permanent seat OF
government 1904
The manifest meaning of the language used is
recognition of that power an already existing
prohibition of the expenditure of the moneys devoted
TO the OF the Territory until such time this admitted
power shall have been exercised for the obvious
that Congress did intend these sums any portion
of them, to be expended for temporary buildings.
The plain conclusion from this view of the net is, that
Congress- entertaining no doubt Of the right of the legs
ave assembly to locate permanently the seat of govern
men thus expounds its understanding its previous
enaemsats = par aerd while the further ne ,
of government temporarily resides in the same body.
For authority for this argument, see Z G, p. 99 G,
9, p. 454 and 3D. Howard, 556.
For support Of the concluding inference the wellknown
rule of law that the greater embraces the less will be
recognised both applicable and sufficient See 9th
Wheat p. 204, aud l4th vol Easts Reportthe famous
of Sir Francis Burdet the Speaker of the House Of
Commons. What Is clearly implied by statute Is as
much part of il as if expressed in Rep
The 9Th Sec of the art of the constitution of the
United States and the subsequent action Congress under
it, which reference has been already made for another
purpose, forcble in confirmation of these
reflections II the construction then given it be correct
sustained, we have shown it TO be- by high authority
tna 10 OF Is assumed
and not granted by its language further doubt
ist of the existence OF similar power in your case
and of the truth of the construction given by the
acts and sections quoted II il be not the true construc
ton but is to be regarded grant of power and as the
grant under which Congress subsequently enacted the act
Of $780, then it becomes less influential in defence OF
the inierenal power locate the
porarly which have claimed under the stat of 1855
ch lG7. If So whence the power to do what Con-
gress by the 9th Of this STAT ddto w.t. locate from
that period to 1900 the seat of government at Philadel-
pha--not certainly under the constitutional grant for
that speaks of only such district may by cesson Of
the of government of the United Language
grated by what occurred in reference to the District OF
Columbia and the city OF Washington but by any
transaction in regard TO the city of Philadelphia Hence
the location thereof at the asnamed place assuming it to
have been by authority all, by following
sariy from the greater authority claimed by virtue of the
constitution.
Protracted this opinion has already become there is
still another aspect in which the subject must be viewed
Objection TO these conclusions may be supposed to be
found in the clause of the I'D section heretofore quoted
"the persons thus elected shall assemble &c.
The point Of objection scarcely be the first branch Of
The clause, which says that they sha assemble at such
place and such day the governor shall appoint"
There two views in which this part of the section
may be presented neither of which would affect the right
ulness of your acting, however might produce ques
ton of the legality of the CALL place,' under which
you assembled.
The first is whether the authority designate the place
not snbserven to the 3st section establishing tempo
ray the seat of ut Fort Leavcnworth and if
So whether its construction would have been that
it meant particular place at that fort and not any
place outside OF that Assuming that subsequent egs
aton of Congress had repealed the 3ls section and