The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1856-02-07

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the power to choose any place it might sec
fit as the temporary seat of its deliberations
That is proved by the significant language
of one of the subsequent acts of Congress
on the suLject-tl,at of March 8, 1856
which, in making appropriation for public
buildings of the Territory, enacts that the
same shall not be expended " until the leg
islature of said Territory shall have fixed
10y law the permanent seat of government"
Congress, in these expressions, docs not
profess to be granting the power to fix the
permanent seat Of government, but rccog-
nlzes the power as one already granted.
But how :? Undoubtedly by the compre-
llensirc provision Of the organic act itself,
which declares that the legislative power
of the Territory shall extend to all rightful
subjects Of Legislation consistent with the
Constitution of the United States and the
provisions of this act" If, in view of this
act, the legislative assembly had the large
power to fix the permanent seat of govern
mcnt at any place in its discretion, of course
10y the same enactment it had the less
and the included power to fix it Temporal
rily. ~.
Nevertheless, the allegation that the acts
of the Legislative assembly were illegal by
reason Of this removal of its place of scs-
sion, WAS brought forward to justify the
first great movement in disregard of law
with" TIC Territory. One Of the acts OF
the Legislative assembly provided for the
election of IL delegate to the present Con-
SrcSs, and IL delegate WAS elected under that
law. But, subsequently to this, II 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 confesscdly not
constituting the body polite, or all the i'll
habitant>, but merely party of inhabitants,
ana without law, have undertaken to sum-
mon convention for the purpose of trans
forming the Territory into IL State, and have
framed constitution, adopted it, and under
1t elected Il Governor and other officers, and
Il representative to Congress.
In extcnuation Of these illegal acts, it is
alleged that the States Of California, Mlcl,i-
gan, and others, were sclf.orgauizeI, and,
rs such, were admitted into the Union
without - .,-r. :rue ent'linS act oI Con-
gre:s. 1t Is true that, while, in majority
OF eases, previous act Of Congress has
been passed to authorize the Territory to
present itself as State, and that this is
deemed the most regular course, yet such
an act has not been held to be indispcnsa-
bic, and i'll some cases, the Territory has
proceeded without it, and has nevertheless
been admitted into the Union rs a State.
1t lies with Congress to authorize before.
hand, or to confirm afterwards, in its dis
crction but in no instance has a State
been admitted upon the application of per-
sons acting against authorities duly consti-
t"tcd by act Of Congress. In every case it
is the people of the Territory, not a party
among them. who have the power to form
a constitution, and ask for admission ms n
State. No principle of public law, no
practice or precedent under the constitution
of the United States, no rule of reason,
right, or common sense, confers any such
power AS that now claimed by mere party
i'll the Territory. In fact, what has been
done is Of revolutionary character. 1t is
avowedly SO in motive and in aim as re.
spects the local law Of the Territory. Ii
will 5ecome reasonable insurrection if it
reach the length Of organized resistance by
force to tho fundamental or any other fed
eral law, and to the authority of the general
government.
In such an event, the path of duty for
the Executive is plain. The constitution
requiring him to take care that the laws OF
the United States be faithfully executed. il
they be opposed in the Territory of Kansas,
he may, and should place, at the disposal
of the Marshal, any public force of the
United States which happens to be within
the jurisdiction, to be used as portion OF
the posse comitatus, and If that do not
suffice to maintain order, then he may call
forth the militia Of one or more States for
that Object, or employ for the same object
any part Of the land Or naval force of the
United States. So, also, if the obstruction
be to the laws Of the Territory, and it be
duly presented to him as case of insurrec.
ton, he may employ for its suppression the
militia of any State, or the land or the ma.
val force of the United States. And If the
Territory Le invaded by the citizens ot
other States, whether. for the purpose 81
deciding elections or for any other, and the
local authorities find themselves unable to
reoel or withsf and II fbov mill zlo ant;,loJ