Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1856-02-12

City he'two houses met and were du-
lilly organized in the ordinary parliament
tary lormi each sent 70. and received
from, The governor the Official coamun-
ications usual on such occasions an
elaborate message opening the session
was communicated by the governor; and
the general business Of legislation was
enacted upon BY the legislative assem-,
bly,.
But, after few days, the assembly
resolvedto adjourn TO another place in
the Territory. A law accordingly pass
ed, against The consent Of the governor,
but in due form otherwise, to remove the
seat Of government temporarily to tho
(" Shawnee Manual Labor School, I" Tor
Mission. end ihiiher the assembly pro-
! ceeded. Aiter this, receiving bill for
the establishment Of a ferry at. The town
Of Kickapoo, the governor refused 10
sign it, and, BY special message, as.
signed for reason Of refusal, not anything
Objectionable in the bill itself, nor any
pretence OF the illegality or incompet,n.
cy Of The assembly as such, but only the
fact that the assembly had by its act
transferred the seat Of government
temporarily from Pawnee City 10
/ Shawnee Mission. For the same reason
he continued 10 refuse to- sign other
bills, until, in the course Of a. few
days, he, by official message, COM
municated to the assembly the fact that
he had received notification ofihc termin.
alton Of his functions as governor. and
that the duties Of the Office were legally
devolved or the secretary OF the Terrific.
ry; thus to the last recognizing that body
a sa duly.elected and constituted legisla.
tive assembly. 3si' tss ~ s125i
1t will be perceived that, If any con-
stitutional defect attached TO tho legisla.
tive acts Of the assembly,it it is not pre-.
tended 10 consist in irregularity Of elec-
ton, or want of qualification Of the
members, but only in the change fits
place Of session. However trivial this
objection may seem 10 be, it requires to
be considered, because upon it is found.
ed all that superstructure OF act, plainly
against law, which now threatens the
peace, not only ofthe Territory Of Kan.
sss, but Of the Union. q u ii.
Such, an objection to the proceedings
Of the legislative assembly was of ex-
ceptonable origin, for the reason that,
blythe express terms Of the organic law,
the seat OF government Of the Territory
was" located temporarily at Fort Leav.
enwonh, " and yet the governor remain.
ed there less than twelve months, and Of
his own discretion transferred the seat OF
government the Shawnee Mission,
where il. in fact was at the time the as
sembly, were called to meet at Pawnee
City. If the governor had any such
rightto change temporarily the seat Of
b government, still more had the legisla.
live assembly. The objection is Of ex-
csptionable 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 at
tempting to locate unlawlully upon land
| within a military reservation, and for
participation in which illegal act the
conmandant ofthe post superior Of.
ficer Of the arrny-has been dismissed by
sentence OF court. martial.
Now II is easy TO see why the legisla-
tive 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 incompatible provis'
ion or act OF Congress. But no such
provision exists, The organic act, as
already quoted, says :" the seat Of govern
ment is hereby located temporarily at
Fort Leavenworth, +" and il then pro-
vides that certain Of the public build.
ings there "may be occupied and used
under the direction Of the governor and
the legislative assembly," These ex-
pressions 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
and on sucha day as The governor shall
appoint" the word" place means place
atFort Leavsnworh, not place any where
in the Territory. If so, the governor
would have been the FIRST 10 err in this
matter, not only in himself having re.
moved the seat Of government to the
Shawnee Mission, butin again removing
it TO Pawnce City. II there was any de.
y -