The Kansas herald of freedom., 1855-09-01
LAWRENCE KANSAS TERRITORY SATURDAY, SEPTEMBER l. 1856

Der, 1900, THUS temporarily and by
It's 9Th section locates it permanently
at the city of Washington, not 60 nom
iae, but at ''the district and place
aforesaid" which by the first section,
lis described as "a district of Terrific
~ not exceeding ten miles square, to
be located, as hereafter directed. on the
j river Potomac,',s district since and
now known as the District of Column
bia, aud the particular place since and
now, thescity of Washington. Ii is a
j Icoilflrpation of this view, rather than an
pbieetion, that the constitution of the Uni
ted States. sec. g.. art 1st. ceafers the
fright of Exclusive legislation ''over
sach district, de-, as may, by cession
Eof particular States and the acceptance
tof Congress, become the seat of gov-
crnment of the United States" DC,
because it will be observed that the
grant of power here is to exercise
Legislation" !" and not to select seat of
government. this latter being, really,
| by the phraseology used merely acknowl-
lodged as d legitimate exercise of an in
Indispensable power. (See Story's COM
mentaries upon this section book 3,
sec. 1919
Assuming then that the location of a
seat OF government, temporarily or per-
manently, is ''rightful subject of leg
fislation," the argument becomes conclu-
siTe that the true exposition of this Sec
ton confers ample authority for such an
exercise. of power as that in question,
while the use of the word temporarily"
in the 31st section, leaves the question
tentirely free from the embarrassment of
a supposed prohibition.
Were it possible, however, that these
views fall short of concluding the queS-
ton, it is only needful to pursue the leg
islatlon of Congress a step or two further
to discover a most distinct exposition by
that body of its own Interpretation of the
subject.
BY sec. g, chap. o67, of the statutes
of the same session-1854, an appropri
alton was made Of twenty-five thousand
dollars "for the erection of public build
ings for the use of the Legislature of the
Territory of Kansas" upon terms therein
mentioned. This provision is too we'll
known to need full recital, the more
especially as it is referred to rather in IL
lustra;ion of the section next cited, than
as of itself illustrative of the point in
discussion.
1t may be observed in passing that,
notwithstanding the insuficiency of this
section to accomplish the purpose, more
especially when the history of It's passage,
1after a failure of more direct efforr at
repeal, is known, it was pretty widely
| thought, for some months after the pro-
mitigation of the establishment. of the
Territorial authority, than this had, in
fact, accomplished Il repeal of the 3lst
section of the organic act, which is now
strangely enough, by those entertaining
this opinion, supposed to be in full force,
despite not only this section, but the act
Fof 1855, chap. 167, and your own act at
| the present session.
Tracing the legislation of Congress
step further we see that at their last ses-
sion, By chap. 167, moment Since men
! toned, there is a further appropriation
of twenty five thousand dollars, but with
this very material proyiso that neither
this sum nor tie twenty-five thousand
dollars heretofore appropriated, shall be
iexpended "until the Legislature of said
Territory shall have fixed by law the
permanent seat of government" 1t is
lie this statute we ask attention, as affirm
ing the construction given to the act of
1854, chap. SO, sections Cd and 81.
Ii will be observed that there is no
grant of power by this act of 1855, chap.
i67, to locate the permanent seat of gov
efnment.
The manifest meaning of the language
used is mere recognition of that power
as an already existing one. 1t is pro-
hibition of the expenditure of the mon
eys devoted to the use of the Territory,
until such time rs this admitted power
shall have been exercised, for the obvious
reason that Congress did not intend these
sums or any portion of them to be ex-
pended for temporary buildings.
The plain conclusion from this view
OF the act Is that Congress, entertaining
no doubt of the right of the Legislative
Assembly to locate permanently the seat
of government, thus expounds It's owD
understanding of It's previous enact
ments, in pori materiG, while the further
inevitable inference follows that the infe-
rior right to locate the seat of govern
ment temporarily, resides in the same
body For authority for this argument,
see Z, B& c, p. 99-6, D d c, p. asa.
and 81 Howard, 556.
For support of the concluding inter-
ference, the well known rule of law that
the greater embraces the less, will be re-
cognized as both applicable and suffi-
cient. See 9th Wheat, p. ao4, and 14th
vol. East's Report-the famous case of
Sir Francis Burdett VS. the Speaker of the
House of Commons. 'tWhat is clearly
implied by statute is as much part of
it as il expressed in words Missouri
Rep. vol. 5, p 264.
The 9th section of the lst article OF the
constitution Of the United States and the
subsequent actionof Congress under it,
to which reference has been already made
for another purpose, are even more for
ciblc in confirmation of these reflections.
Ii the construction then given it be cor
rect, sustained, as we hare shown it to !
be, by high authority, that the right to |
locate seat of government is assumed !
and not granted by lis language, Do fur
ther doubt can exist of the existence of
similar power in your case, and of the !
truth Of the construction given By us to I
tie acts aud sections quoted; if it benot
the true construction, but Is 70 be re-
garded as grant Of power, and as the |
grant under which Congress subsequent
ly enacted the act of 1899, then It be- |
comes no less influential in defense of /
the inferential power TO locate the seat of
government temporarily, which we have
claimed under the statute of 1855, chap.
l67. II not 50, whence the power to do
what Congress, by the 5th section of this