The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1856-02-06

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election Of its members, The subject was
by its nature, one sppertainiug exclusive. y
to ths jurisdietiop of the local authorities
THE Territory. Whatever irregularities
may have occurred in the elections, it
seeins too late now TO raise that question.
AZ all events, It is question as to which
neither now,nor at any previous time, has
the least possible legal authority been pos
esesscd by the President of tie United
States. For sll present purposes the leg.
islative body, thus constituted M d electc 1
pas the legitimate assembly Of the Terri.
tUry. 3n.
Accordingly the governor, by procla-
mation, convened the assembly thus elec.
ted to meet at place called lawnee
City; tho two houses met and were duly
organized in the ordinary parliamentary
form; each sent to, and received from, the
governor the official comm usu
al Qp such occasions; An elaborate message
ppening the session was communicated by
,he governor; and the general business Of
legislation was entered upon by the legis-
lative assembly.
But, ster few days, the assembly re
solved to adjourn to smother place in the
Territory. A Law was accordingly passed
against the convent Of the governor, but
In due form otherwise, to remove the seat
OF government temporarily TO the SHAW.
pee Manusl-Labor School," (or Mission. J
snd thither the assembly proceal-.l. Al.
ter this, receiving bill for the establish.
inent Of Ferry At the town Of kickkspoo
the governor refused to sign it, and, by
spstial message, assigned for reason of re-
fu.al not anything Objectionable in the
Till itself, nor any pretrnce Of the illegal.
~ or incompetency Of the assembly AS
such, but only the fact that the assembly
had by its act transferred the seat of GOV.
qrnment temporarily from Pswnee City
to Shawnee Mission. For the same res-
son he continued to refuse to sign other
bills, until, in the course Of few day-,he
by official message, communicated to the
a semhly tho fact that lie had received a
potification Of the termination of his func-
Hons rs governor, and that the duties of
the Office were legally devolved ON the sec.
retsry Of the Territory; thus to the last re.
ccgni>in. the body AS duly elected and
constituted legislative assembly.
1t will be perceived that, il any consti-
tutional defect attached to the legislative
gets of the assembly, it is not pretended
to consist in irrsgulsrity of election, or
want Of qualification Of the members, bu.
only in tbs change Of it's place Of session,
However trivial this objection may seem
to be, it requires to be considered, because
upon it 10 founded all that supsrstructure
Of acts, plainly against law, which now
threatens tho peace, not only Of the Terri
tory Of Kansas, but Of the Union.
Su:h an ohjec,i m to the proceedings of
ths 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 ''locsted
temporarily at Fort Leavenworth," and
yet the governor himself remained there
less than Two months, and Of his own dis
cretion transferred the seat of government
to the Shawnee Mission, where il in fact
WAS at the time the assembly were called
to meet at Pawnee City. lfthegovsrnor
hal any such right to change temporarily
tho seat Of government, still more had the
Legislative assembly. Tho objection i. Of
exceptionablc origin for she further rsa
ION that the place indicated by the COVER
nor. without having any exclusive claim
Of preference in itself, was proposed town
site o ,ly, which he and others were at.
tempting t" locate unlawfuly upon land
within military reservation, and for par.
ticipation in which illegal act the com
Tnsndant Of tie post-a superior officer of
the army has been dismissed by sentence
81 court martial.
Nor it Il essay to SEQ why the legislative
assembly might not with propristy pass
the territorial act transferring its sittings
to the Shawnee Mission. lii could not
that must be on account of some prohibi
tory or Incompatible provision of act of
Cnyresa. But no such provision exists.
Tho organic act, ~ already quoted, says
"ths seat OF Government is hereby located
Temporarily at Fort Leavsnwerth;" and il
then provides that certain Of the public
buildings there "may be occupied and
used under the direction Of the Governor
sui Legislative assembly," These express
>ions might possibly be construed to i'm
ply thN when in a previous section Of the
1T it WAS enacted that " the first legisls
live assembly shall meet at such place and
~ such day rs the Governor shall appoint,
the w'rl place" means place at Fort
Le.ven worth, not place any where in the
Ts 'ritory. II 20, tho Governor would
have bssn the first to err in this matter,
nat only in himself having removed the
" y VI government TO the Shawhse Mis-
sioa, but IN assa removing it to PAwnse
City. II there was any departure from
the letter Of the law, therefore, IL was his
in both instances.
But, however this may be, il is most
unreasonable to suppose that by the terms
Of the organic act Congress intended to
10 isnplicdl; what il has not done express
lyzshat is, 70 forbid to the legislative as
scmi'ly ths power To choose any place it
might SEQ 6t ss the temporary scat of its
deliberations. That is proved by the sig.
pshcant language ofone Of the subsequent