The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1856-02-07


But after few days, The assembly re.
solved to adjourn to another place in the
Territory. A law wus aos5fding!; sss
seJ, against the consent of .lie govern
or, but in due form Otherwise, to remove
the seat OF governlment temporarily To
he "Shawnee Ma0unl-Labor School"
Cor Msson) and ttiither the assembly
proceeded. After this, receiving a bill
for the establishnent of ferry at the
town of klckapoo, the governor refused
to sign it, and, by special message, as.
signed for reasdnofrerusal no, anything
objectionable insthe bill itself, nor any
pretenoe 1t the illegality or incompeten-
cy of the assembly as such, but only the
tact that he'Saesembl had by its act
transferred theSseat of government tenn
porarily from Ptewnee City TO Shawnee
Mission. Forthe same reason lIe con-
tinued to rctuse{to sign other bills, until,
III the course of a few days, he by Off
ciai message, communicated to the as
sembly the fact thatthe had received no.
tification of the termination of his func.
tons as governor, aud tiattlie duties of
the office were legally devolved ON the
Secretary of the Territory; thus TO the
last recognizing the body as duly cleo
ted and constituted Legislative assembly.
1t VIII be perceived that, il any con-
stitulional defect attached to the leyisla.
t,ie acts OF The assembly, it is not pre-
tended to consist in irreg gularity of cleo
ton, or want of qualification of the
members, but only IN the change of it's
place of session. However trivial this
objection may seem To be, il requires to
oe considered, because upon il rs found
ed all that superstructure of acts, plain
~ against law, which now threatens the
peace not only OF tile Territory of Kan
sas, but of tue Union.
Such objection to the proceedings of
the Legislative assembly was ofexception.
ableSorigin, for the reason that, by The
express terms Of the organic law. The
seat of government of the T.rri,orv
was "located temporarily at Fort Leay.
enworth," and yet the governor himself
remained there less than two months.
and of his own discretion transferred
the seat OF government to the Shaw nee
mission, where il in fact was at the time
the assembly were called To meet at
Pawner CITY. If the governor had any
such right 10 Change temporarily the
seat ot government, still more had the
legislative assembly. The obiectiun is
OF eXceptionaDle origin for tile further
reason that the place Indicated by the
!
claim OF preference ia itself, was a pro.
posed town site only, which be and
,others were attempting To locate un-
lawfully upon land within military
reservation, and for participation i'm
.','tsialls iilP.Ip1 act tbs liiirnI,.n.ia.z sss
klifl i1osi---,s- sopar,s,r -offity.r OF tue army
vsias peen dismissed by sentence OF
court iiiartiaI. tTGs
Nor is IL easy 10 see why The lcpisla.
tive assembly might no; with propr,ety
pass the territorial act transierrinu its
sittings 10 the Shawnee Mission. III i,
could not, that must be OH acc cunt of
some prohibuory or Incompatible pro-
vision OF act OF Congress. Butno such
|sprovision exists. Tie organic act, as
already, quoted, says sslhe seat of Gov
serninent rs hereby located temporarily
az Fort Laavenwortll," and then it pro.
vldes that certain of the public buildings
tnere may be occupied and used under
.ieS directioh OF the Governor and lcgis-
iative assembly" These expressions
bmight possibly be construed to imply
tnat when in previous section of The
actS II was enacted that "lle first lep :sjn.
live assembly shall meet at such a place
aud oifsuch dny as the Governor shall
appoint tue word "pace" means place
at Fort Nitrayenworlh, not place any
| where inSsthe Territory. Ir SO, the
Governor would have been the first to
err IN tins matter, not only in himself
having removed The seat of Government
TO the Shawnee Mission, but in aga,n
removing II to Pawnee City. If there
Was any departure from the letter of the
law, thereiore,it was his in both in.
stances.
But, however this may be, il is mos,
unreasonable to suppose that by the
terms OF the organic act Congress iu.
tended to DO implicitly what it has not
done expressly--llIat is, to forbid to the
/ Legislative assembly the power TO choose
any place IT might see fit as the tempo
rary seat ofiis deliberations. That Is
| proved by the significant language oi
one OF the subsequent acts OF Congress
on the subject, that OF March 8, 1865
! which, ii making appropriations fur cub.
lic buildings of the Territory, enacts
that the same shall not be expended eun.
Gil the Legislature of said Terfitorv sbaII
have fixed by law the pefnanenl seat OF
| government" Congress- in these sn.
pressions,1 does not profess 60 be
granting tke power 10 fix the pern,n.
nent seat sof government: bat recoar,-
ses the power as one alr,.ady grant
ted. But hoWi UndoubtedIy by the
| comprehensive provision of sihe organ.
10 act ITSELF which declares tEat athe
Legislative power oftlle Terrisniy shall
exlendt TO alifightiuI subjects ofsiegisla.
ti9t1 consistent with tile Constitution. d,
tue United States and the provisions 3,
this act" 1t, iii view &c this act, he Ie q!
lsiatiye assembly had the large power !. {
| hx thelptrmanents sra, OF goveriiinett a
any place in its discrstiou,soi course 81
ihe same enaclmeDt IL had tlie less and
the included power to fix ii temporarily.
| Nevertheless, the allegation that tile
afctsof the Legislative assembly were II.
| legal by reason OF this removal of ils
place OF session was brougiitforsard 10
justify tue tirst movement in, disse osd
OF law within the Territory One II
/ the acts OF The legislative Hssensbiy pro.
yided for the election Ot, a sdslepate 70
the present Congress- and d delegate was
elected under tba Iiaw. Bgiaaisea,isnt
| y TO this,shep portion OF the peepIs 81 The
Territory proceaded, witiI6nt authority
OF law, to eiect anotllerdelS@ate.
FoilssVsng upen ,his naovement was
ano'herssnd nspre i9,pvssAsa ono OF the
| same generai AiserHc,er PAfo0iis co,,-