The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-02-06

aad constituted Legislative ASSEMBLY
1t will be preceive that if any couStru
tional defect attached to the legislative acts
of the Assembly it is hot pretended to con-
sist in irregularily of election or want Of
qualification of the me"beIs. but only n the
change of its place of session. However
trivial the objection may seen TO be, II re-
quires to be considered, because upon it Is
founded all that superstruclure OF acts
plainly against law, which new threatens
the peace, not only of the Territory OF Kan
SIS. but Of the Union.
Such an ebjec ion TO the proceedings OF
the Legislative Assembly was Of exception.
able origin, for the reason that 6y the e2
press terms Of the organic law, the seat OF
government of the Territory was "locatei
temporarily at Fort Leavehworlh;" ani yet
The Governor himself remained there less
than two months, and Of his own di,cre i'm
Transferred the seat of government to
the Shawaee Mission, #hete Il 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 lie
gislalive Assembly. The objection is oi
exceptionable origin for the furll er reason
that the place indcatei by The Goytrnoy,
without having any exclusive claim Of pref.
erence in itself, was proposed town site
only, which he and others were attempting
TO locate unlawiully upon land within mil
iary reservation, and for particiE alton in
which illegal act the commandment of
the post, a superior officer OF the army, has
been dismissed by sentence Of court mar
tial.
Nor is it easy to see why the Legislative
Assembly might not with proFliety pass
the Territorial act transferring its sittings
to the Shawnee Mission Ii it could not,
that must be On account Of some prohibitoly
or Incompatible provision OF ACT oI Congress.
But no such provision exists, The organic
act, as already qToted, says "the seat OF
government is hereby located temporarily
at Fort Leayenworth;" and it hen provides
that certain of the public buildings there
'may be occupied and used under the di.
roctlon Of the Go.ernor and Legislative AS,
smbly" These expressions might prssi
bly, be construed TO imply that when in Il
previous section Of the act it was enacted
that "the first Legislative Assembly shall
meet at such place and on such day rs the
Govenor shall appoint" the word place
means place at Fort LeaYenworth, and 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 hav-
ing removed the seat of government To the
Shawnee Mission, but n again removing il
TO Pawnee City. If there was any depart
ure from The letter Of the Law, therefore, il
was his in both in, ,tancef.
Bat, however this may be, is most un.
reasonable to suppose that by The terms
the organic act Con sress intended TO do nu
pIiedly what it has not done expressly
that is, to forbid TO the Legislative Assem-
bly the power to choose any place il nlis sht
see fit to as the tempoa!y seat of its delb
eraions. That is proved by the significant
language Of one of the subsequent acts oi
congress on the subject, that OF March 9Th,
1855, which, in making appropriation for
public buildings of the Territory, enacts
that the same she'll have fixed by law tLe
permanent seat Of government" Congres>
in these expressions. does not profess TO be
granting the power to fix the permanent
seat Of government. bat recognizes the pow.
er as one already granted. But howl
Undoubtedly by the comprehensive prJvis
ion OF the organic act itself, which declares
that "the Legislative power of lie Territory
shall extend to all rightful subjrcls. of legis
taton consistent with the Constitution Of the
United States and the provisions Of This
act" If, in view Of this act, the lie,
gislative Assembly Lati the large power te
fix the permanent seat Of government at
any place in Ks discretion, of course
by the same enactment it had the less auo
the included power to fix it temporarily.
Nevertheless, The allegation that the acts
of the Legislative Assembly we're Illegal BY
reason of tdis removal Of lis pace OF session
was brought forward to justify the first
great movements in di regard OF law within
tbe Territory. One Of the acts Of the lie.
gislative Assembly provided for the election
Of Delegate to the present Congress and a
Delegate was elected under tha, law, But
subsequently, TO this, porti of the people
Of the territory proceeded without autholtJ
Of law to elect another Delegate. on.3ea
Following upon this movement was an.
other and more important one Of the same
general character. Persons confessedly
not constituting the body politic. or all the
inhabitants, but merely a party of th'
inhabitants, and without law, have under
taken to summon a convention for the pur
pose of transforming the Territory into
State, and have framed constitution, a
dopted il, and underit elected a Coverno
and other officers and a Representative +
Congress. g. aai ls
| In the extension Of these illegal acts. it i
alledged that the States Of California, hi
chigan, and others were self organized, an,
as such, were admitted into the Union with
out apreyious enabling act of Congress-
It's true that, while in a majority of case
previous act Of Congress has pasted i
authorize the Territory 10 present Itself a
a State, and that this is deemed the mos
regular course, yet such an act has no
been held TO be Indispensable, and, in som
cases the Territory has proceeded withou
ii, and has nevertheless been admitted inl
the Union as State. tiles with Congr, q
to authorize beforehand or confirm after
wards, in its discretion; bat sia no instanc
has State been admitted upon the altplica
ton of persons acting against the auhori
ties duly constituted by an act OF Congress
In every case it is The people ofthe Terrto
ry, notaparty among tbem who have th
power to form constitution and ask for ad
mission as a Stale. No principle Of publ
law, no practice or precedent under The con
stitntion OF the United States. no raIe q