Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-02-07

'"p JdIsulCtlon OF tnc IocBI sutnOtltlos o
the Territory. Whatever irregularities ma,
have occurred in the elections, it seem
too late now to raise that question. AT al
eveats, it is a question as to which, neithe
now, nor at any previous time, hes tht
least possible legal authority been possess
ed by the President OF the United States
For all present purposes the Legislative
= body, thus constituted and elected, was th,
, Legitimate assembly Of the Territory.
. Accordingly, the governor by proclama
, tion, Convened the assembly thus elected
! to meet at place called Pawnee City
: the Two houses met and were duly organ
: lzeG in the ordinary parliamentary from
} each sent to. and received from the gov
} ernor the official Communications usual or
sucb casons; an elaborate message open.
J ing the session was communicated by the
governor; nnt the general business oil legs.
lation was entered upon by the legislative
assembly.
But, after few days, the assembly re-
solved 10 adjourn to another place in the
territory. law was accordingly passed,
against the consent of the governor, but
in due form otherwise, to remove the seat
Of government temporarily 10 the Ssh iwnee
Manual-Labor School," (or hission,) .and
thither the assembly proceeded. After this,
receiving a bill for the establishment of a
ferry at the town of Kickapoo, ihe gov
vernon refused to sign it, and, by special
message, assigned for reason or refusal mot
anything Objectionable in the bill ITSELF
nor any pretence Of the illegSity or in
| a. ,f tka
only the fact that the assembly had by its
act transferred the seat of government
temporarily from Pawnee Bity to Shawnee
Mission. For the same reason he continu-
ed % refuse to sign other bills, until, in
The course Of few days, he, by official
message, communicated to the assembly the
TACT that he bad received notification of the
termination of his functions as governor,
an that the duties of the office ware legal
Iy volved on the secretary of the Terri
tory; thus to the last recognizing the body
as duly elected and constituted legislative
assembly.
1t W II be perce we'd that if any constitu-
tional detect attached to the legislative acts
OF the assembly, it is not pretended to
consist in irregularity of election, or want
of qualification of the members, but Only
IN the change Of its place of session. How
ever trivial this objection may seem to be,
it requires 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
express terms OF the organic law, the scat
OF government of the Territory was "locat-
ed temporarily at Fort Leavenworth," aud
vet the governor himself remained there
! 8, than two m nths, and of his own d.s-
cretion tran, ,ferred the seat of government
to the Shawnee Mission, where it in fact
was at the time the assembly were called
to meet at Pawnse 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
excsptionable origin for the further reason
HIT the place indicated by the governor,
without having any exclusive claim of pre-
ference in itself, was proposed town site
only, which he and others were attempting
to locate unlawfully upon land within q
military reservation, and for participation
in which illegal act the commandant of the
Post-a superior officer of the army-has
been dis missed by sentence of cour' -mariial
Nor is it easy to see why the Legislative
assembly might not with propriety pass the
territorial act transferring it's sittings tc
the Shawnee Mission. If it could not, that
must be on account of some prohibitory OIL
incompatible provision of act of Congress
But no such provision exists. The organic
act, as already quoted, says "the seat o
government is hereby located temporarily
at Fort Leavenworlh," and it then provides
aBqlceiian 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 b,
construed to imply that when In preyiuu
, section OF the act il was enacted that eth
T fist Legislative ass 'mbIy shall meet at sucl
: place snd on such day as the governo
shall appoint" the wod "place" mean
D.. place at Fort Leavenworth, not place an
S where in the Territory If so, the govern
e or would have b'en the first 10 err in thi
e matter, not only in himself having remove
I The seat lot government to the Shawne
d Mission, but in again removing it to Paw
d nee City. If :here was any departure fror
o the letter of the law, therefore, It was hi
in both instances.
d But, however this may be, it is mostsur
A. reasonable to suppose that by the terms
l. the organic act, Congress intended to
'e i'm licity what it has not done expressly
y that is, to forbid to the legislative assen
ne bly, the power to choose ary place it migl
e see fit as the temporary seat of its delibs
he atoms. That is proved by the signifca
OF language Of one Of the subsequent acts
Id Congress on the subject, that of March
ed 1885, which, in making appropriations f
c. public buildings Of the TERRITORY, enac
MS that the same shall not be expended Gun
he the legislature of said Territory shall ha
ial 6xed by law the permanent se't of Cover
en- ment." Congress, in these expression
Or does not profess to be granting the pow
to fix the permanent seat of governmeI
srs but recognises the power as one alrea
at, granted But howl Undoubtedly by 1
try comprehensive provision of the organic q