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

only such district ''as NAV BY ees>ion
of particular States and the acceptance
of Congress, become the seat of govern
ment of the United States" language
gratihed BY what occurred in reference
TO the District of Columbia, and the city
of Washington, but never by any trans
action in regard to the city of Philadel-
phia. Hence the location thereof at the
last named place, assuming it to have
been by authority at all, was by one fol.
lowing necessarily from the greater au-
thority claimed by virtue of the constitl,
ton.
! Protracted as this opinion has alread,
become, there is still another aspect il
which the subject must be viewed.
Objection to these conclusions may be
supposed to be found in the clause of the
22d section heretofore quoted, 1.-THE per,
sons thus elected shall assemble" dc.
The point of objection can scarcely be
the first branch OF the clause which says
that they "shall assemble at such place
and on such day as the Governor shall
appoint"
There are two views in which this part
Of the section may be presented, neither
of which would effect the rightiulness oi
your acting. however one might produce
question OF the legality of the call, as to
"place," under which you assembled.
The first is whether the authority to
designate the place was not subservient
to the 5Ist section establishing, Temporal
rily, the Seat of Government at Fort
Leavenworth, and if SO, whether its true
construction would not have been that ii
meant some particular place at that fort,
and not any place outside of that. AS
Stunning that no subsequent legislation of
Congress had repealed the 3ist section
and coneeding what is distinctly implied
in the objections to your act, that the on
ly place for Legislation is the Seat of Gov
ernment; this construction would follow
irresistibly, because it would be the only
construction that would leave every part
of the statute upon this subject to oper-
ate. That in the construction of statutes
this rule prevails universally, is too well
settled to be controyertcd. Har d. John.
p. 96.
No particular stress is intended to be
laid upon this view, as it does not relate
TO your action.
The other view oft is that it has been
perfectly gratified By your assembling at
the time and place pointed out by the
proclamation of the Governor, without
question of the right to call you together
there and then. 70 contend that it ex-
acts more, and that you were required
/ by it not only SO TO 1neer, but there 60 re-
main, can. only be successfully done by
interpolating words, which the wisdom
of Congress did not see fit TO insert. Ii
would be but to press to little greater
extreme, without difference in the prln-
ciple, the severity of this claim, If 1t
should be contended, that having assem-
bled, yoq had 10 right to adjourn until
your session was finally closed, there be-
ing no recognition, by any language
there found, of right to reassemble af.er
adjournment.
Whatever argument entitled to paftic-
/, ular considerations is derived from this
section in derogation ofyour action, must
be sought for not in this language, which
as we have shown, has been literally
gratified, but in the succeeding words,
the day of the commencement of the
regular sessions of the Legislative AS
sembly'' ''shall be prescribed by law"
This NAV be considered as either impos-
ing an injunction, or as yesting an au-
tholity. If the former, no inference un-
favorable to the affirmance of your act
can be drawn They would but mean
to impose as duty, what would other-
wise have been lelt To your discretion,
and to require you to fix the period of
commencement of future sessions, IN
stead OF. leaving this TO the Governor, as
Congress had done, for convenience, as
to the first session.
Supposing the meaning to be a dele9a-
ton of power, IN nargumentmigbt be pre-
sented, not totally destitute of asemblance
of force. in the absence of any other pro-
vision touching the Legislative authority
of the Territory, and illustrative of the
intention of Congress.
1t would derive this force from prin-
eiple which has its advocates, that the
enumeration of particular, excludes more
general grants of power. one, however.
BY no means conceded, but while main
tanned with earnestness BIZ some. is deni-
ed with confidence by others, amongst
the latter of whom is prominent, one of
the most distinguished jurists Of this
country, and the peer of the most famed
ofany other. Story Com. B, 8, sec. 842.
1t is not necessary that we should de-
ny it. Its recognition would Lot mill
tate against our views, since its most un-
qualified concession would be restricted,
by an admitted qualification that it Is
only operative in the absence of anything
to show different intention, as well as
by rule already announced-that rule
is, that all statutes or parts thereof, relat-
ing TO the same subject matter, must be
considered together. and so construed as
to give to every part, if practicable, its
effect. To assume, therefore, upon this
principle, negation of your power to do
anything beyond the fixing of the time
OF your future regular sessions. would be
without authority of the principle itself,
because it would be to disregard alike
the 24th section confirming legislative
power, as well as the act of 1855, 161-
Ii would be first TO adopt questionable
principle, and then TO claim Is service
under circumstances in which it Is total
ly inapplicable.
It is only necessary III conclusion
to refer To another part OF sec- "a
of the organic act. TO show that the
want of concurrence of the Governor,
presents no objection TO the efficacy OF
the acts of the legislative Assembly,
two-thirds of the members OF each OF It's
bodies, eencurring therein.
s. LEcOMPTE,
RUSH ELMoRE.
fully concur in the foregoing opin-
ion, and refrain from saying word on
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