New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-26

ugage Of the country applied to the organic law may
| be conceded that each House Of the Assembly must
have been competent to determine in the last resort
the qualifications and the election Of it, members. The
! subject was by it, nature appertaining exclu-
siyey to the jurisdiction of the local authorities OF the
/ Territory. Whatever Irregularities may have Oc-
CURED in the elections, il seems too late to raise
tat question as 10 which, neither at any pre-
you- time Las the least possible legal authority been
possessed 10y the President OF the United States For
all present purposes the Legislative body thus cOnst-
tutcd and elected, the legitimate assembly OF the
Territory.
Accordingly, the Governor, by proclamation, con-
yened the Assembly thus elected 10 meet at place
called Pawnee City. The two Houses met and were
duly organized in the ordinary parliamentary form
each sent to and received from the Governor the
official communications usual on such occasions an
elaborate Message opening the session cOmmuni
Gated by the Governor; and the general business Of
legislation was entered upon by the Legislative As
semby.
But, after few days, the Assembly resolved to ad-
journ to another place in the Territory. law was
accordingly passed, against the consent of the Gov
eipCr but in due form otherwise to remove the seat Of
government temporarily 10 the "Shawnee Manual
labor School" Tor missOn) and thither the Assembly
proceeded After this, receiving bill for the estab
ishment Of ferry at the town Of Kickapoo, the Gov
enOr refused to sign II, and by special message as
signed for ofrefusa not anything Objectionable
in the bill ITSELF any pretense of the iIegaiy or
incompetency of the Assembly such, but only the
fact that the Assembly had by its act transferred the
seat of government temporarily from Pawnce City TO
Shawnee Mission. For the same he continued
to refuse TO sign other bills, until in the OF few
days, he by official Message, communicable the A.
sembly the fact that be had received notification of the
termination Of his functions Governor and that the
dutios Of the Office legally devOlved the SecrC-
aiy Of the Territory; thus to the last recognizing the
body ar duy-elected and constituted Legislative As
scmby.
1t will be perceived that if any constitutional de-
feet attached to the legislative acts of the Assembly
it is not pretended to consist in irregsarty Of election
Or want of qualification of the member but only in
the change Of its place Of session. However trivial
the objection may seem to be, it requires TO be con-
sidered because upon il is founded all that super
structure of acts, plainly, against law, which now
threatens the peace not only of the Territory of Kan
sas but of the Union.
Such an objection TO the proceedings of the Legsla
tive Assembly was of exceptonable origin, for the
reason that, by the express terms of the organic law
the seat Of Government Of the Territory "lOcated
temporarily at Fort Leavenworth;" and yet the Gov
enOr himself remained there less than two months,
and Of bis discretion transferred the seat of Gov
eminent to the Shawnee Mission, where it in fact was
ut the time the Assembly were called to meet at Paw
nee City. If the Governor had any such right to
change Temporarily the seat of Government, si more
had the Legislative Assembly. The objection is of
exceptional origin for the further that the place
indicated by the Governor, without having an c1cu-
sive claim of preference in itself was proposed town
site only, which he and Others attempting to To-
cate unawfully upon land within military reservs
ton and for participation in which illegal act the
mandant of post, a superior officer of the Army has
been dismissed by sentence of cOurt-martal.
Nor is il easy to see why the Legislative Assembly
might not with proprety pass the Territorial act trans
ferng s rittings to the Shawnee Mission. If it could
not that must be account of some prohbitOry in
compatible provision of act of Congress But no such
provision exists The organic act, as already quoted
says the seat of Government is hereby located tenn
"pMarily at Fort Leavenworth" and it then provides
that certain of the public buildings there may be
coupled and used under the direction Of the Governor
d" and Legislative Assembly" These expressions
no atrua IN m n
previous section Of the act it was enacted that the
"first Legislative Assembly shall meet at such place
and such day as the Governor shall appoint, the
word place means place at Fort beavenworth, not
place anywhere in the Territory. If So the Governor
would have been the frs to in this matter not only
in himself having removed the sea of Government to
the Shawnee Mission, but in again removing 1t 10
Pawnee City, If there was any departure from the
letter of the law therefore it was his in both instances.
But however this may be, il is most unreasonable
to suppose that by the terms of the organic act Con-
gress intended to do implicitly what 1t has not done
txpressy-tha s, to forbid to the Legislative Assem-
blv the power to choose any place it might see fit "a
the temporary seat on its deliberations. That proved
by the significant language of one OF the subsequent
acts of Congress the subject that of March B. 1852
which, in making appropriation for public buildings OF
the Territory, enacts that the same shall not be eX
pended until the Legislature OF said Territory shall
u have fixed by law the permanent seat of govern
"ment." Congress, in these expressions, does not
profess TO be granting the power to fix the permanent
seat of government but recognizes the power a. one
already granted. But how Undoubtedly by the com
prehensive provision of the organic act itself, which
declares that the legislative power OF the Territory
shall extend to all rghfu subjects of legislation con-
sistept with the Constitution of the United States
" and the provisions of this act. If IN view OF TINS
act, the Legislative Assembly had the large power 10
fix the permanent seat of government at any place IN
It's discretion of course by the same enactment 1t had
the less and the included power to fix it temporarily.
Nevertheless, the allegation that the acts OF the
legislative Assembly illegal by reason OF this
Of of brOuOht forward TO
ustifv the frs great movement in disregard OF law
within the Territory. One of the acts OF the Legs
latve Assembly provided for the election OF Dele
cate To the present Congress, and Delegate was
elected under that law. But, subsequently to this,
portion of the people OF the Territory proceeded WIN
out authority of law, to elect another Delegate
Following upon this movement was another ana
more important one of the same general character.
Persons confessedly not constituting the body polite,
or all the inhabitants but merely party of the inha0-
itants. and without law, have undertaken to summon
a convention for the purpose OF Transforming the Ter
rtory into State, and have framed constitution,
adopted it. and under it elected Governor and other
officers and Representative to Congress.
In extenuation of these ega acts, it alleged that
the States of California Michigan, and Others were
self-organized, and as such were ADMITTED INTO 'he
Union without q previous enabling act OF Congress
II is time that while in majority OF cases previous
act of Congress has been passed to authorize the Ter
rtory TO present itself as state, and that TINS Is
deemed the most regular course yet such an act mas
nor been held to be Indispensable and in some cases
the Territory has proceeded without it, and has never
tbeloes been admitted into the Union as State 1t
lies with Congress to authorize beforehand, or to CON
firm oferward in its discretion but in no instance has
state been admitted upon the application OF persons
acting against authorities duly constituted by act OF
Congress In every ii is the people of the Tern
tory. not q party among them, who have the power
IN f,rm a constitution and ask for admission as a
State. No principle of public law, practice or pre-
ccdert under the Constitution OF the United states,
no I1l of reason right, common sense conters any
Nv O. ,ba NOW claimed by a mere party in