Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1856-02-01

faNnee CltY. IL J0e OOFeTuOr nau any
such right to change temporarily the seat
of Government, still more had the Legisla-
tive Assembly. The objection is of excep-
tionable origin for the further reason that
the place indicated by the Governor, with
out having an exclusive claim of preference
in itself, was a proposed town site only,
which he and others were attempting to To-
cate unlawfully upon land within military
reservation, and for participation in which
illegal act the commandant Of post, su-
perior officer of the army, has been dismiss
ed by sentence of court martial.
Nor is it easy to see why the Legislative
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 provision or act of Congress.
But no such provision exists. The organic
act as already quoted, says "the seat of Gov
ernment is hereby located temporarily at
Fort Leavenworth;" and it then provides
that certain of the public buildings there
''may be occupied and used under the direc-
ton of the Governor and the Legislative
Assembly" These expressions might pos
sibly 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 place and such day as the
Governor shall appoint" the word "place"
means place at Fort Leavenworth, not place
anywhere in the Territory. If so, the Gov
ernor would have been the first to err in
this matter, not only in himself having re-
moved the scat of Government to the
Shawnee Mission, but in again removing it
to Pawnee City. If there was any depart
ure from the letter of the law, therefore, it
was his IN both instances.
But however this may be, it is most un-
reasonable to suppose that by the terms of
the organic act Congress intended to do i'm
pliedly what it has not done expressly-that
is, to forbid to the Legislative Assembly
the power to choose any place it might see
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 subject, that of March 8, 1855, which
in making appropriations for public build
ings of the Territory, enacts that the same
shall not be expended "until the Legisla-
ture of said Territory shall have fixed by
law the permanent seat of Government. -
Congress, in these expressions, does not
profess to be granting the power to fix the
permanent seat of Government, but recog-
nizes the power as one already granted
But how? Undoubtedly by the compre-
hensive 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 Gov
ernment at any place in its discretion, of
course by the same enactment it had the
less and the included power to fix it tempo
rarily.
Nevertheless the allegation that the acts
of the Legislative Assembly were illegal by
reason of this removal of its place of session
was brought forward to Justify the first great
in disregard of law within the
Territory. One of the acts of the Legisla-
tive Assembly provided for the election of
a Delegate to the present Congress, and
Delegate was elected under that law. But
subsequently to this, portion of the people
of the Territory proceeded, without authori-
ty of law, to elect another Delegate.
Following upon this movement was an
other and more important one of the same
general character. Persons confessedly not
constituting the body polite, or all the in
habitants, but merely party of the inhabi-
tantS, and without law, have undertaken to
summon Convention for the purpose of
Transforming the Territory into State, and
have framed Constitution, adopted it and
under it elected Governor and other Off
GERS, and Representative to Congress.
In extenuation of these illegal acts, it is
that the States of California, Mich
igan and others, were self-organized, and
as such were admitted into the Union with
out previous enabling act of Congress.
1t is true that, while in majority of cases
a previous act of Congress has been passed
to authorize the Territory to present itself
as State, and that is deemed the most
regular course, yet such an act has not been
held to be indispensable, and in some cases
the Territory has proceeded without it, and
has nevertheless been admitted into the
Union as State. 1t lies with Congress to
authorize beforehand, or to confirm after
ward, in its discretion; but in no instance
has State been admitted upon the appli-
cation of persons acting against authorities
duly constituted by act of Congress. In ev-
cry case it is the people of the Territory,
not party among them, who have the pow
er to form constitution and ask for admis-
sion as State. No principle of public law,
no practice or precedent under the Constitu-
ton of the United States, no rule of reason,
right, or common sense confers any such
right as that now claimed by a mere party
in the Territory. In fact, what has been
done is of Revolutionary character. 1t is
avowed so in motive and in aim as respects
the local law of the Territory. 1t will be-
come reasonable insurrection if it reach the
length of organized resistance by force to
the fundamental or any other Federal law
and to the authority of the General Gov
eminent.
In such an event the path of duty for the
Executive is plain. The Constitution re-
quiring him to take care that the laws of