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


forbidden by the highest considerations
of respect and justice to suppose caprice
TO have governed your honorable body.
To feel otherwise would be dereliction
from the courtesy due to a department
of government, as well as an umseemly
departure from the analogy to the well
established principle of law, upon the
recognition of which courts forbear to
90 behind the record when the judg-
ment of competent tribunal comes in
cidentally under their notice.
1t is not for us to inquire what consid-
Grafton did govern you; but to assume
the least that any respectable body
can ask-that you had for your action
reasons to yourselves most satisfactory
and ample,
The question presented for our con-
sideration are, whether the act of the
Legislative Assembly declaring the
Shawnee Manual Labor School the tenn
porary seat of government is valid p
And, whether your legislation at the
last mentioned place is legal?
They might be treated together, as
really presenting the solitary inquiry,
whether your honorble body has con
stitutional existence? But the latter
branch of the inquiry demands a brief
consideration distinct from the other.
1t may be remarked in reference to it,
that its favorable solution may be shown,
whatever may be the reply to the former,
unless-which is by no means certain
proposition--no legislation can be obi
gatory promulged elsewhere than at the
seat of government.
Indeed, the contrary is shown to be
the recognized rule, and as such has
both been acted upon in the absence of
express authority, and has, in the con
Stitutions of the States, certainly in some
and perhaps generally, been recog-
nized.
The removal of Congress from Phila-
delphia to Lancaster, in 1777, upon the
temporary reyerses of the American
arms in New Jersey, is an illustration of
the formers while the 10Th section of the
End article of the constitution of Mary
land is demonstration of the latter.
We are but too apt to confound inher-
ent principles with either constitutional
or legislative requirements. 1t is usual
to limit by positive enactment the exer-
else of the functions of the departments
of government to the seat of government;
a policy not only not questionable, but
clearly Iaudable and wise. So, too, the
residence of the chief Executive officer is
most commonly required to be there,
yet it is not universally SO. In Della
ware, for example, and in Alabama,
such is not the case. The act creating
this Territory does not require this OF
the Governor; all that it docs is to exact
of him to ''reside within said Territory"
Nor does tcontain a prohibition to legis
late elsewhere than at the seat of govern
ment. Upon this point it is entirely
silent.
You are the judges of the proprieiy
and regularity of the mode ofperforming
yourduty The object ofy your existence
is the highest known to enlightened COM
munitieS enactment of laws to gov
ern the intercourse of society, and to
control the action of its individual mem
bers ltwould be to suspend the most
overtowering interests upon too trivial
considerations, if the vitality of your acts
should be dependent upon meIe points
of regularity, aud these to be determined
| by other tribunals, and that too BY lift
ing the veil of motive. and prying into
It's hidden springs. If the principle of
such an oversight and control were con-
ceded, it would be an alarming abuse,
| if, upon so comparatively Insignificant
point as the place of your deliberations,
their whole efficacy should rest. How
ever much it may seem to comport with
the importance of legislative councils, to
be surrounded with theconveniences and
comforts of tasteful and expensive bull
dingS, reared by the munifcence of
government, and to have these located
in the midst of a refined and intelligent
population, these are. after all, the least
ofthe elements of their usefulness. The
primary purpose of your being is to
promote, BY the wisdom of your coun-
ellis, the public welfare, and, whether sur
rounded by The appendages of even
prodigaI and profuse expenditures, or
legislating under the genial shade of one
of Natures forest monarchs, whether
in the centre of luxury and population,
or In the stiffness ola solitude unbroken
save by the voice of patriotic earnestness
in support of needful laws, is but of the
utmost insignificance in comparison
with the adaptation of your measures to
the interests entrusted to your keeping.
If pcstilence, therefore, shall invade
the halls nobly wrought to correspond
with the magnitude of your duties, we
can see no reason why you should not, as
did the Parliament of Great Britain, TO
shun the desolation of the plague, leave
Westminster, where, stsince the days of
the Piantagenets, the Houses had con-
stantly sat, bat great reason why you
should abandon these, if need be, for the
solitude, to perform your labors, aud IL
called TO assemble in the solitude, where
|conyeniencies are not 10 be had for the
advancement of your efforts, it IS certain
" no less true that YOU may and ought,
as the Congress of the Revolution ad-
journed indignantly, from Philadelphia TO
Princeton. New jersey, about the close of
that great struggle. to adjourn to such
other place as Win furnish these.
1t would be faithlessuess TO the high
trust assumed, to dissipate the time and
energy SO necessary in limited session.
in combating and overcoming ineonven-
iencies, instead of seeking aplace, where,
conveniencies being provided. these may
be devoted To the legitimate objects of
your organization. The first alternative,
if adopted, would present lamentable
example of the truth of the cid legal
maxim, eui haeret IN lisrc, Aaeref Ia
eorfiss, s.wbo sticks TO the letter sticks to
the BARK an idea not dissimiiar from
that expressed in 'sgrasping at the shad-
ow and losing the substance, in strain
ing at gnat and swallowing s camel"
If left TO seek, in general principles. a