Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-02-07

the duties of the office were legally devolved on
the secretary of the Territory; thus to the last
recognizing the body as duty elected and
constituted legislative assembly.
twill be perceived that, if any constitutional
defect attached to the Legislative acts of the
assembly, it is not pretended to consist in ir-
regularity of election, or want of qualification
of the members, but only in the change Of its
place of session. However trivial this objection
may seem to be, it requires to be considered,
because upon it is founded all that superstruc-
ture of acts, plainly against 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 sof exceptionable origin,
for the reason that by the express terms of the
organic law, the seat Of government of the Ter
ritory was "located temporarily at Fort Leaven-
WORTH" and yet the governor himself remained
there less than two months, and of his own
discretion 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 governor had any such
right to change temporarily the seat of govern
ment, still more had the legislative assembly.
The objection is of exceptionable origin, for
the further reason tina. the place indicated by
the governor, without having any exclusive
claim of preference in itself, was proposed
town site only, which he and others were at
tempting to locate unlawfully upon the land
within military reservation, and for participa-
tion in which illegal act the commandant Of
the post-a superior officer of the army-has
been dismissed by sentence of court martial.
Nor isit easy to see why the Legislative as
sembly might not, with propriety, pass the ter
rtorial act transferring its sittiugs to the Shaw
nee Mission. If it could not, that must be on
account of some prohibitory or incompatible
provision of act of Congress. But no such
provision exists. The organic act, as already
quoted, says 'the seat of government is hereby
located temporarily at Fort Leavenworth, d" and
it then provides that certain of the public
buildings there "may be occupied and used
under the direction of the governor and legis-
lative assembly," These expressions might
possibly be construed to imply that when in a
previous section of the act it was enacted that
''the first legislative assembly shall meet at
such place and on such day as the governor
shall appoint" the word "placc" means place
at Fort Leavenworth, not place any where in
the Territory. If so, the governor would have
been the first to err in this matter, not only in
himself having removed the seat of govern
ment to the Shawnee Mission, but in again re-
moving it to Pawnee city. If there was any
departure from the letter of law, therefore, il
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 doimplicitlJ
what, it has not done ezpressly-thatis, to for
bid the legislative assembly the power to choose
any place it might see fit as the temporary seat
of its deliberations. That is proved by the
significant language of one of the subsequent
acts of Congress on the subject-that of March
3, 1S55-which, in making appropriation fol
public buildings of the Territory, enacts that
the same shall not be expended "until the Leg
islature of said Territory shall have fixed by
law the permanent seat of government" Con
gress, in these expressions, does not profess tc
be granting the power to fix the permanent
seat of government, but recognizes the power
as one already granted. But how? Undoubt
edly by the comprehensive provision of the or
ganic act itself, which declares that 'the leg
islative power of the territory shall extend tc
all rightful subjects of Legislation consistent
with the Constitution of the United States and
the provisions of this act" If, in view o.
this act, the Legislative assembly had the large
power to fix the permanent seat Of government
at any place in its discretion, of course by the
same enactment it had the less and the inclu
ded power to fix it temporarily.
Nevertheless, the allegation that the acts Of
the legislative assembly were illegal by reason
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
One of the acts of the Legislative assembly pro-
vided for the election of a delegate to the pre-
sent Congress, and delegate was elected un
der that law. But, subsequently to this, a por
tion of the people of the Territory proceeded
without authority of law, to elect another dele
gate.
Following upon this movement was another
and more important one of the same general
character. Persons confessedly not constituting
the body polite, or all the inhabitants, but
merely party of inhabitants, and without law,
have undertaken to summon convention fol
the purpose of transforming the Territory into
State, and have framed constitution, adopt
ed it, and under it electeda governor and othe,
officers, and representative to Congress.
In the extenuation of these illegal acts, it il
alleged that the States of California, Michigan
and others, were selforganized, and, as such
were admitted into the Union without previ
Gus enabling act of Congress. 1t is true that
while, in majority of cases, previous act Of
Congress has been passedto authorize the Ter
ritory to present itself as State, and that thi!
is deemed the most regular course, yet such al
act has not been held to be indispensable, auc
in some cases, the Territory has proceeded with
out it, and has nevertheless heen admitted int
the Union as State. 1t lies with Congress tt
authorize beforehand, or to confirm afterwards
in its discretion but in no instance has s
State been admitted upon the application o.