The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1856-02-05

of the assembly, it is not pretended to con-
sist in irregularity of election or want of
qualification of the members, but only in the
change of its place of session. However
trivial the objection may seem to be, it re-
auires to be considered. because upon it is
founded all that superstructure 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 was of exception
able origin, for the reason that, by the ex-
press terms of the organic law, the seat of
government of the Territory was ''located
temporarily at Fort Leavenworth; 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
government, still more had the Legislative
Assembly. The objection is of exceptional
BILE origin for the further reason that 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 attempting to locate un-
lawfully upon land within a military reser
walton, and for participation in which illegal
act the commapdant of the post, superior
officer of the army, has been dismissed by
sentence of court-martial.
Nor is it easy to say why the Legislative
Assembly might not with propriety pass the
Territorial act transferring its sittings to the
Shawnee Mission. Ifit could not, that must
be on account of some prohibtory or in
compatible provision or act of Congress-
But no such provision exists. The organic
act, as already quoted, says 1.-THE seat of
| government is hereby located temporarily
at Fort Leavenworth; - and it then provides
that certain of the public buildings there
''may be occupied and used under the direc
ton of the Governor and Legislative Assem-
| Bly, These expressions might possibly
be construed to imply that when in pre-
vious section of the act it was enacted that
''the first Legislative Assembly shall meet
at such place and on such day as the Gov
ernor shall appoint the word ''place"
means place at Fort Leavenworth, not place
any where in the Territory. If so, the Gov
ernor would have been the first to err in this
matter, not only in himself having removed
the seat of government to the Shawnee Mis-
sion, but in again removing it to Pawnee
City. If there was any departure from the
letter of the law, therefore, it was his in both
instances.
But, however this may be, it is most un-
reasonable to suppose that by the terms of
the organic act Congress intended to do
implicitly what it has not done expressly y
that is, to forbid to the Legislative Assem-
bly, the power to choose any place it might
tions. That is proved by the sisnhiiiial6t sigsnhiiihiieaant
language of one of the subsequent acts of
| Congress on the subject, that of March 3,
1855, which in making appropriation for
public buildings of the Territory, enacts that
the same shall not be expended ''until the
Legislature of said Territory shall have fix
ed by the law the permanent seat of gov
| ernment." Congress in these expressions,
does not profess to be granting the pow
er to fix the permanent seat of govern
ment, but recognises the power as one al
ready granted. But how? Undoubtedly
by the comprehensive provision of the Or
ganic act itself, which declares that "the
Legislative power of the Territory shall ex-
tend to all rightful subjects of legislation
consistent with the Constitution of the Unit
ed States and the provisions of this act."-
If, in view of this act, the Legislative As
sembly had the large power to fix the per-
manent seat of govegnment at any place in
its discretion of course by the same enact
ment it had the less and the included 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 movement in disregard of law within
the Territory. One of the acts of the Leg
islative Assembly provided for the election
of Delegate to the present Congress, and
Delegate was elected under that law
But, subsequently to this, portion of the
people of the Territory proceeded without
authority of law to elect another Delegate
Following upon this movement was an
other and more important one of the same
general character. Persons confessedly not
constituting the body polite, or all the in
habitants, but merely party of the inhab-
;tants, and without law, have undertaken to
summon a convention for the purpose of
Transforming the Territory into a State, and
have framed a constitution, adopted it, and
under it elected a Governor and other Off |
GERS and Representative to Congress.
In extenuation of these illegal acts, it is |
alleged that the States of California, Michi- |
gan, and others were self organized, and, as
such, were admitted into the Union without |
a previous enabling act of Congress. It is
true that, while in a majority of cases a |
previous act of Congress has been passed to
authorize the Territory to present itself as
a State, and that this is deemed the most
regular course, yet such an act has not been
held to be Indispensable, and, in some cases,
the Territory has proceeded without it, and
has nevertheless been admitted into the |
Union as State. 1t lies with Congress to |
authorize before hand or to confirm after |
wards in its discretion but in no instance
has State been admitted upon the applica-
ton of persons acting against authorities
duly constituted by act of Congress. In
every case it is the people of the Territory,
not party among them, who have the power
to form constitution and ask for admission |
as State. No principle of public law, no
practice or precedent under the Constitu- |
ton of the United States, no rule of reason, |
right, or common sense confers any such |
power as that now claimed by mere party
in the Territory. In fact, what has been
done is of revolutionary character. 1t is
avowedly so in motive and in aim as respects
the local law Of the Territory. 1t will be-