Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1856-02-02
lative bod, thus constituted aud elected
was the legitimate assembly Of the Terri

latve bod, thus constituted aud elected
was the legitimate assembly Of the Terri
tory. r.,
j Accordingly, the Governor, by procls
nation, convinced the Assembly thus elect
led to meet at place called Pawnee City
The two Houses met. and were duly or
ganized in the ordinary parliamentary form
each sent 10 aid received from the Cover
nor the official COMMUNICATIONS usual on
1such occasions al elaborate message open
ing the session was communicated by the
Governor and the general business was
entrred upon BY The Legislative Assembly
But, after a few days, ,he Assembly re-
solved to adjourn TO ano.'l-r place in the
Territory. 4 law was accordingly passed,
against the consrut oi the Governor, bu.
in due form othelw Use, 10 remove ,he seat
of government temporarily to th.. Shaw.
nee manual labor school," Tor mission j
and thiti.er the Assembly proceeded. Al
tier this, receiving bill for the rstablish-
ment OF a ferry a, the town OF kickapoo,
the Governor refused to sign il, ard. by
special message. assigned Tor reason of re-
iusal, not anything objectionable in the
| ,il itself, nor any pretence OF the illegal
liz, or incompetrncy Of the Assembly as
such, but only the fac, THAT the Assembly
had by It's act transferred the seat o! gov
-.nmeht Temporarily from Pawner City TO
lShawnec Mission. For the same reason
he continued to refuse TO sign other bills,
until, in the course OF few days, he, by
offirlal message communicated TO the As
sembly the fact that he had received no.
ti6cation of the termination of his func-
tlons as Governor. and that the duties Of
the office were legally devoIvrd OIL the
Secretary Of the TerTitoty; thus to.the last
recognising the body as duly elected and
constituted Legislature Assembly.
, |, will be perceived that If any consti-
tntIonal defect attached to the legislative
act, OF the Assembly il is not pretended
to consist in nregularity OF election or
want OF qualification of the members, but
only in the change of its plac. OF session.
However trivial tie obj .ct'on may seem
TO be il requires 10 be considered, because
upon il is founded all that supeTstIucture
vi acts. plainly against law, which now
Threatens the peace, not ouly OF the Ter
rltory OF Kansas, but of the Union.
Such an objection to the proceedings oil
the Legislative Assembly was Of excep-
tionable origin. for the reason that. by the
express terms of the organic law, the seat
OF government OF the Territory was '.io.
Gated temporarily at For; Leavenw or,h )
aud yet the Governor himself remained
there less tn ID tw o mouths ard oil his own
di,eIetion transferred the seat Of govern.
mrni to the Shawnee Mission, where il III
fac, was at the time HE Assembly were
called to meet at Pawnee City. Ii the
Governor had any-such right TO change
temporarily the seat OF government, still
more had the Legislative Assembly. The
objection is of rxcrptioDable origin foI the
further reason that the place indicated BY
The Governor, without having any exclu-
sive claim OF preference in itself, was a
proposed town site only, which h- aud
others were attempting to locate unlaw iui-
~ upon land within a miiitary RESERVATION,
and tol participation in which illegal act
the commandant oil the post, = superior
officer Of the Amy. has b zen dismissed b.,
sentence OF a court-martial. s-.ad
Nor is it easy to see why the Legislative
Assembly might not with proprirtv pass the
Territorial act transferring its sittngs TO
The Shawnee Mission Ii it could not,
that must be on account o: some prohibIto-
Try OF Incompatible provision of act Of Con.
eress. But no such provision exists. The
organic act. as already quoted, say' "the
seat oi government is hsieby located tenn
poratiiy at FoIt Leyrnwoith and it then
proyi des that certain oi The public build
inss there "may be occupied aid USED un-
DEF the direction, of the Governor and
Legislative Assembly" These expires,
ioGs might possibly be construed TO imply
that when in previous section of the act
II WAS enacted that the "fi>t Legislative
Assembly shall meet a, such place nnd Oh
such ds, as the Governor shall appoint"
the VOID place" means place at For
Leavenworlh, hot place any where in ,hr
Territory. II so, the Governor would have
been the first to err in this matter, no, on
| IS III himself having removed the seat OF
govrrn,nrntt to the Shawnee Mission. bur
IN again removing INTO Pawnre CITY. II
there WAS any departure from the letter
OF the law, therefore. it was his in both in
lances. a.,, .r.t.f
But, however this may be, it is most un.
reasonable to suppose that by the terms Of
the Organic act Congtess intended to do i'm
Pliediy what il has not done expressly
mat is 10 forbid to the Legislative ASSEM-
bly, the power to chose any place il might
see tit as the Temporary seat OF its delibrr-
atoms. That is proved by the significant
language OF one OF the subsequent acts oil
Congresson the subject, that nf March 8.
1893, which, in making appropriation io'
public buildings OF the territory, enacis that
the same shall not be- expanded ''untl the
Legislature OF said Territory, shall have
fixed by law the permanent seat of gov.
eminent" Congtess. IN three expressions,
does no, profess to be granting the power
10 fix the permanent Seat OF government,
bui recognises the power as alieady grant.
ed. But how Undoubtedly 5v The rorn.
prehensive provision OF the organic act IT.
lsvlf, ah,eh declares that 'the Legislative
power of the Territory shah extend to ell
i,shuul subjects Of legisla,iup consistent
with the consultation OF the United States
and the provisions OF the act. Ii, in view
oi this act. the Legislative Assembly had
The large power 10 nix the permanent seat
al government al ANY place IL ITS dlscre-
tion, oi coliIse b, the same enactmen, II
had the less and HE included power to Ax
| II Temporarily. sEa