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


The predatory apology for the opinion
under review, i shall pass over in silence,
leaving every man to Judge for himself,
without any remark from me. of the pro-
priety OF an unauthorized aad extra ju-
dicial opinion upon tie official act of a
coordinate branch of the Government,
and shall proceed at once to examine the
arguments it contains.
These arguments are so ineonclusive,
aud the illustrations SO inapplieable, ma
king the refutation 50 easy to any MAI
who viii carefully read it, that should
have spared this labor had it not beer
for the high official position of its author
tie important subject on which &c treats
and the reliance which Is placed upon i
by the body to whom it is addressed
The first step in the process of review
will be to extract from the mass of the
opinion the POSITIONS it assumes and the
reasons in support of them, and to set
them forth in distinct and concise shape.
They are as follows =
/. That the Legislature is not bound
to act exclusively at the seat of Govern
ment.
REAsoNS.-Because Congress, in l777,
adjourned to Lancaster to escape being
captured by the British army. Because
some of tie Stale Constitutions allow
their Legislatures to sit at other places.
And because it is matter of too trifiing
consequence TO inquire in respect to the
validity of law, whether the Legisla-
ture perform their functions at the scat OF
government or not.
This proposition and its reasons have
carried us into the sixth page of the
opinion, but are fully and fairly stated in
thepFeeeding synopsis, and are SO easily
answered that they almost answer them
selves. When Congress remoyedto Ian
easter, they in fact changed the seat 81
government TO that place, because they
alone had the power to fix the place Of
government The Provincial Congress,
which first assembled in Philadelphia, in
i774. representing at that
time eleven colonies, and who met again
May, IT'S, and again in 1776 and I777,
had no higher power than themselves to
FIX seat of government. They met
where they pleased, removed when and
where they pleased without violating any
law, for there was none upon that sub
ject to violate. At whatever place they
exercised the functions of government,
was for the time being the place or seat
of government. The very removal to q
new place, bya law of their own, made
that place the seat of government, because
the seat of government was dependent
alone upon Their presence and their law
This power was recognized and pursued
by Congress in the articles of Confedera
tion between the Provinces, adopted in
November, 1777, in the 9th Art. and
7th Sec. of which we find the following
language: Congress shall have power
to adjourn to any time within the year,
and to any place within the United
States" de-, DC. Indeed, every Legis-
lative body has the right TO change the
seat of Government at viii, unless pro-
hibited or controlled by the superior au-
thoriiy of a constitution, or as in our
case, by the orer-ruling organic act of a
superior power. The veto message ad-
mits this in the following words: "Did
the Legislature possess general powers,
and not trammelled as they are by the
of consistency with the organ
c act. their power to change the seat of
government at pleasure could not be
doubted" 1t is certainly somewhat
strange that arguments and authorities
should be SO grayely and industriously
accumulated here and elsewhere in the
opinion to prove the position that a legis-
atire body with -untrammelled powers
AN go where they please when the mes
age has, in the pla:nest language admit
ed it i; and that the essential argument
If the message showing that this power
5 forbidden to our Legislature by Con-
sress, should be left untouched, as | viii
how it has been.
The next reason, to wit, that the con-
,titu;ion of Maryland allows their Leg
stature to sit elsewhere than a. the con-
seat of government, may have
'ome bearing upon the question at issue.
out If it has | have been unable to dis
;oyer it. If it proves anything at all it
establishes belief, by the trainers of the
Constitution, that without this special
the Legislature had mot the
power to remove /; and insomuch | thank
he Chief Justice for this citation III aid
IF may argument. The next reasongiy-
m, that the objection is "a trivial one,
rests solely upon the assertion and indi-
Tidual notion of'the Chief Justice. and
las no argument to support it; and If we
ire to judge from thecontext. can scarce
Y have the confidence of the Chief JUS
ice himself, for in the next paragraph he
ays: 1T is due TO ourselves to add that
would be an unjust inference from these
to suppose, that We regard
he establishment OF seats OF government
s matter of indiifere nee. 0a the con-
rary, they are in entire eonsonance with
he highest appreciation of the advanta
res and necessity of such establishment. +"
1t is exceedingly difficult to reconcile
his language with the idea just express
d, that It is tFiEialand diHn,aterial wlteth-
n the very highest functions of govern
men. are exercised at the place legally
ct apart and provided for that purpose.
II at any other chance place to which !
ach Legislature may wander, with or
Without reason. as il may happen. The
cry meaning of the term repudiaies this
dea. i seat of government means
lace where the functions and powers of
shah be carried on-where
he business of governing the country
haH be done, aud where it is fixed with |
Ut any qualifications or contingencies. il
xcIudes the idea of doing that business
{ any other place, except by as high
uthority as that by which il was origin
lly fixed !; otherwise we must suppose
hat when seat of government is, fixed
y as grave and high . pewer IS CON
titutional provision, Il is only meant that
be officers of government may go there
they see proper, but that every Legis-
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