The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1856-02-07
The organic act 3 al

is hereby located temporarily a; Fort Leaven-
worIh;" and il then provides that certain of
the public buildings there may be occurred
and used under the direction Of the Cover
and Legislative Assembly" These ex-
pressions might possibly bs construed TO i'm
ply tha. when IN previous section OF the act
II enacted that '.the nrst Legislative As
sembly shall meet at such place and OH such
day as the Governor shall appoint. the word
place" means place at Fort Leavenworth,
not place anywhere in the Territory. If SO,
the Governor would have been the frs 10 err
in this matter. no. only N himself having re-
moved the seat of Government 10 the shaw
nee Mission, but again moving it to Pawnee
City. Ii there was any departure from the
letter OF the law, therefore, i was his IL both
instances.
Blu: however this may be. i. is most unreas-
enable to suppose that b. the terms Of the
organic act Congress Intended to DO inpllediy
what j. has no; done eSpressly-tta; is, to
forbid 10 tie legislative AsseE'b bly, the power
10 choose any Place il might soc fl Is tf9 tenn
po-ary seat cf its deliberations. That As prov
a by the significant language Of the one OF
the subsequent acts of Congress on the sub
iect, that OF March 3. 1855. which. In making
appropriation sor pubic buildings OF The Ter
rit0rY cnaetS tia: the same shall not be ex
nStNa GlJll tItS t>--t- A-tS u SHil /
tory shall have 6xe By law he permaaen.
seat oi Government" Congress IN ihese eE-
pressions, does not profess 70 Be granting the
power TO ii the permanent seat u Govern
nlent bat recognizes the power already grant
ed But how? Undoubtedly by the com
prehensive provision Of the organic &C. itself,
which declares that "the legislative power Of
the Territory shall extend TO all ris;h.ful sub
iects of legislation consistent with The constl-
tuition OF the United States anl the provisions
of this act" II. in view of This act. the
Legislative Assembly had The large power 10
fx the permanent seat OF government at any
place IN its discretion, o. course by ,he same
enactment it had the less and the included
power to fix it temporarily.
outstanding. th. allegation that the
acts of the Legi>la i've Assembly We're Illegal
bv reason OF this removal OF place OF session
was brought forward 70 justify the frs grea.
movement in disregard o. law within e Ter
ritorv. One of tie acts of the LIE s~iaOve
Assembly provided for the election of dele
gate to the present Congress, and delegate
was elected under that law. But subsequen
" to this. a portion of the people Of the Ter
ritorY proceeded without Authority of law 10
elect another Delegate.
Following upon this movement was another
and more important one OF the same general
character. Persons confessedly not constitu-
ling the body polite, or all the inhabitants,
and without law. have undertaken 10 summon
d convention for the purpose Of transforming
the Territory into STATE. and haEu framed q
coTIst:...t:cr ado ,tal = and .n.t :. elected
a Governor and other officers and u Represent-
atve in Congress.
In extenuation Of these Illegal acts. Ii is al
legged that the States Of California, Michigan
and others We're sef-organized. and, as such,
were admitted into the Union without pre-
vious enabling act OF Congress. Il is true
that, while IN a majority Of cases previous act
of Congress has been passed to authorize the
Territory 70 present itself as State, and that
this is deemed the most REGULAR course, vet
such an acg has no. been he.d to be indiSpen
sable, and, in some cases, tie Territory has
proceeded without L. aad has nevertheless
been admitted into the Union as State. Il
lies with Congress To authorize beforehand or
confirm afterwards. IN It's discretion; but IN no
instance has a State been admitted upon tbs
application of persons actin, sainst author-
ii1s duly conStitu ed by act Of Congress. In
every cs.ee /. is the people of the Territory,
not d party among them, who have tie power
to form a Constitution and ask aduls, u as \
Sale No principle OF puo,Ic law - prac
Ii 9 or preceden. under the Constitution of the
United States. No reason OF rule, right, or
common sense con5ers any such power
,fs. claimed by mere party in the Territory.
Il viii become treaso1abie iusurrectioa if i.
reach the length OF organized resistance by
force to the fundamental or any Of heT eder
al laws and 70 the authority Of the Genera.
Government.
In such an event TIE pain of duty for the
Executive IS plain. The Constitution reqajr-
in.s him to ,ske care shat the laws OF the
Unite States are faithfully executed, il they
be opposed in the Territory q Kansas be may
and Should place a. the disposal OF the marshal
anv public force Of tie United States whirh
happens to be within the jurisdiction. to b.
used a portion Of the p9sse comtotas;
and. if that DO not sutfies TO MAINTAIN order,
then le may call forth the militia OF one or
rg1ore States for that object. or employ for the
same object any part Of the land OF naval force
OF the United States. And if the Territory
be invaded By the citizens OF oher States.
whether for the purpose of deciding elections
or any other, an! The local authorities find
themselves unable TO repel or Withstand il.
they will be entisled to. and upon the fact
being fully ascertained. they shall most Ger
t4nlv receive the AID Of the General Govern
Inent.
Blu, it IS not the du.v of the PreSiden: of
the nited States to volunteer inrerpo4lion by
force to preserve the party OF elee ions either
in ate OF Territory To do SO would be
subversive OF public freedom. And whether
a law De wise OF unwise. just or unjust. is not
a question for him to judge. If it be consti-
tn ioual that Is, If II De the law of the land
il is his duty TO cause it to De executed, or 70
sustain the authorities Of any State or Terrific
~ in executing i in opposition to all insur-
rectionary movements.
fft,- srn-1S ~
ou ionary acts; for The constitutional means
nf -aliex-:n.r Ia, nao-i. nf IL