Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1856-02-02

of its place of session. However trivial the
objection NAV seem to be, it requires TO be
considered, because upon it is founded al! that
supp rstructnrc of acts, plainly agniast law,
which now threatens the peace not only of the
Territory of Kansas but of the Union.
Such an objection to the proceedings of the
Legislative Assembly was Of exceptional,le
origin, for the reason that, by the express
terms of the organic law, the seat of Govern
mcnt of the Territory was " located Temperate
ly at Fort Leavcnworth :" and yet the Cover
nor himself remained there less than two months,
and of his own direction transferred the seat
of Government to the Shawnee Mission, where
it in fact was at the time the Assembly were
| called to meet at Pawnee City. If the Gov
crnor had any such right to change tcmporari-
ly the seat Of Government, still more had the
Legislative Assembly. The objection is of
exceptional origin for the further reason that
the place indicated by the Governor, without
having an exclusive claim of preference in it.
self, was Il proposed tow site only, which he
and others were attempting to locate unlaw-
fully upon land within Il military reservation,
and for participation in which illegal act the
commandment OF Il post, Il superior officer of the
Army, has been dismissed by sentence of court
martial.
Nor is it easy to see why the Legislative
Assembly might not with propriety pass the
Territorial act transferring its Sittings to the
Shawnee Mission. If it could not, that must
be on account of some prohibitory or incom-
patiblc provision of act of Congress. But no
such provision exists. The organic act, as al
ready quoted, says the seat of Government
" is hereby located temporarily at Fort Leav-
enwOrth y and it then provides that certain
of the public buildings there "may be occu-
pied and used under the direction of the
d" Governor and Legislative Assembly" These
expressions might possibly be construed to i'm
ply that when, in Il previous section of the act,
it was enacted that . the first Legislative As
" sembly shall meet at such place and on such
L" day as the Governor shall appoint" the
word g place" means place at Fort Leaven-
, worth, not place anywhere in the Territory
If so, the Governor would have been the first
to err in this matter, not only III himself hav-
ing removed the seat of Government to the
Shawnee Mission, but in again removing it to
Pawnec City. If there was any departure
from the letter of the law, it was his in both
instances.
But, however this may be, it is most unrea-
sonable to suppose that by the terms of the
organic act Congress intended to do implicitly
what it has not done expressly-that is, to for
bid to the Legislative Assembly the power to
choose any place it might see fit as the tempo
rary scat of its deliberations. That is proved
by the significant language Of one of the sub
Scquent acts of Congress on the subject. that
of March 3, 1855, which, in making appropria-
+ tiOn for public buildings Of the Territory, en-
acts that the same shall not lie expended. " un-
" til the Legislature Of said Territory shall have
" fixed by law the permanent seat of govern
"mcnt." Congress, in these expressions. does
not profess to be granting the power to fix the
permanent seat Of government but recognizes
the power as one already granted. But how?
Undoubtedly by the comprehensive provision
Of the organic act itself, which declares that
" the Legislative power of the Territory shall
extend to all rightful subjects of legislation
consistent with the Constitution of the Uni
" ted States and the provisions of this act,
If, in view of this act, the Legislative Assem-
bly, had the large power to fix the permanent
seat OF government at any place in its discrc-
ton, of course by the same enactment it had
the less and the included power to fix it tenn
p%orarily.
Nevertheless, the allegation that the acts Of
the Legislative Assembly were illegal by rca-
son of this removal of its place of session was
brought forward to Justify the first great move
ment in disregard of law within the Territory.
f One of the acts Of the Legislative Assembly
provided for the election of Il Delegate to the
present Congress, and Il Delegate was elected
, under that law. Bat, sui Sc Iuently to this, a
portion Of the people of the Territory proceed
ed, without authority of law, to elect another
Delegate.
F Following upon this movement was another
and more important one of the same general
character. Persons confesSedly not c~onstitu-
ting the body polite, or all the inhabitants.
but merely Il party of the inhabitants, and
without law, have undertaken to summon a
convention Tor the purpose Of transforming the
Territory into "A State, and have framed a con-
s%titution, adopted it, and under it elected a
Governor and other officers and a Representa-
tive to Congress.
In extcnuatiol of these illegal acts, it is al
5 legged that the States Of California. Michigan.
ond others, were selfOrganized, and as such
were admitted into the Union without a ire,
vious enabling act of Congress. 1t is true that,
5 while in a majority of cases a previous act of
Congress has been passed to authorize the Ter
ritory to present itself as a State, and that this
} is deemed the most regular course, vet such an
, act has not been held to be Indispensable, and
in some cases the Territory has proceeded with
t out it, and has nevertheless been admitted into
the Union as a State. 1t lies with Congress
to authorize beforehand, or to confirm after
5 ward. in its discretion; but in no instance has
Il State been admitted upon the application of
persons acting against authorities duly consti-
tutcd by act Of Congress. In every case it is
the people of the Territory, not a party among
them, who have the power to form a c~onstitu-
ton and ask for admission as a State. No
principle of public law, no practice or prece-
dent under the Constitution of the United
! States no rule of reasnn rimLt or cnm1non