Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1856-02-07


cred, because upon it is founded all
that superstructre of acts plainly
against law which now threatens the
peace, not only Of the Territory of
Kansas, but Of the Union. al
Such an objection to the proceed.
ings Of the legislative Assembly was
Of exceptionable origin, for the rea.
son that, by the express terms Of the
organic law, the seat of government
Of the Territory was 'located tempo
lrarily at Fort Leayenworth,'' and
yet the Governor himself remained
there less than two months, and of
his own discretion transferred the seat
Of government to the Shawnee Mis-
sion, where it in fact was at the time
! the Assembly were called to meet at
Pawnee City. 1.-THE Governor had
any such right change temporarily
the seat Of government, still more
had the Legislative Assembly. The
objection is Of exceptionable origin
for the further reason that the place
indicated by the Governor, without
having any exclusive claim Of prefer
ence in itself, was a proposed town
site. only, which he and Others we're
attempting to locate unlawfuliy upon
land within a military reservation,
and for participation in which illegal
act the commandant Of the post-a
superior officer Of the army has
been dismissed by sentence Of court
martial.
4 Nor is it easy to see why the leg
/ isla.iye assembly might not with pro-
priety pass the territorial act trans
!, ferring its sittings to the Shawnee
, Mission. lift could not, that must
be on account Of some prohibitory OF
: incompatible provision of the act Of
Congress. But no such provision
exists. The organic act, as al.
ready quoted, says "the seat Of gov.
, eminent is hereby located Temporal.
rily at Fort Leavenworth," and il
i. then provides that certain of the pub
, lie buildings there ''may be occupied
, and used under the direction of the
Governor and legislative assembly,
, These expressions might possibly be
construed to imply that when in a
, previous section Of that act it was en-
, acted that"the first legislative assem-
/ bly, shall meet at such place and on
such day as the Governor shall ap-
point" the word place means place
!, at Fort Leayenworth, not place any
where in the Territory. if SO, the
, Governor would have been the first
to err in this matter, not only in him.
, self having removed the seat of gov
, eminent to the Shawnee Mission,
: but in again removing it to Pawnee
City. Ifthere was any departure
from the letter Of the law, therefore,
it was his in both instances.
;. But, however this may be, it is
most unreasonable to suppose that
by the terms Of the organic act Con-
, gross intended to do implicitly 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's proved by the
significant language Of one of the
subsequent acts Of Congress on the
subject, that of March 8, 1855, which,
in making appropriation for public
buildings of the Territory, enacts
that the same shall not be expended
"until the legislature Of said Terrific
ny shall have fixed by law the perma-
nent seat ofgovernment.' Congress
in these expressions, does not profess
to be granting the power to fix the
permanent seat Of government, but
recognises The power as one already
granted. But how? Undoubtedly
by the comprehensive provision Of
the organic act ITSELF which declares
that 'sthe legislative power of the
Territory shall extend to all rightful
subjects oflegislation consistent with
the Constitution ofthe United States
and the provisions Of this act" If
in view Of this act, the legislative as
sembly had the large power to fix
the permanent seat Of government at
any place in its discretion, ofcourse
by the same enactment it had the
less and the included power to fix it
temporarily.
Nevertheless, the allegation that
the acts Of the legislative assembly
we're Illegal by reason of this removal
Of its place of session was brought
forward to justify the first movement
in disregard Of law within the terrific
- a Il