The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-01-30

C~eptl0naOle origin, Tor the TedSVu tnat,
by the express terms Of the organic law,
the seat of Government of the Territory
was g located temporarily at Fort Leav-
eIw nth and yet the Governor himself
remained there loss than two mouths,
and of his own discretion Misunderstanding
seat of Government to the Shawnee
Mission, where it in fact val at the time
the Assembly were called to meet at
Pawnee City. If the Governor had any
such right to change temporarily the
seat of Government, still more had the
Legislative Assembly. The objection
is of exceptional origin for the further
reason that the place indicated by the
Governor, without having an exclusive
claim of preference in itself, was a pro-
posed town site only, which he and 9th
ers were attempting to locate unlawfuily
upon land within a military reservation,
aud for participation in which illegal act
the commandaht Of a post, a superior
officer of the army has been dismissed
by sentence of court martial.
Nor is it easy to see why the Legis-
lative Assembly might not with propri-
ETY. pass the Territorial act transferring
its sittings to the Shawnee Mission. Ii
it could not, that must be on account of
some prohibitory or incompatible pro-
vision Of act of Congress. But nc such
provision exists. The organic act, as
| already quoted; says 1.-The seat of Gov
ernmebt is hereby located temporarily
at Fort Leavenworth aud it then pro-
vided that Certain of the public buildings
there " may be occupied aud used under
the direction of the Governor and Leg
i~slative Assembly," These expressions
might possibly be construed to imply
that when, in q previous section of the
act, it was enacted hat " the first Leg
~islative Assembly shall meet at such
place and on snch 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 first to err
in this matter, not only in himself hav-
ing removed the seat of Government to
the Shawnee Mission, but in again re-
moving it to Pawnee City. If there was
any departure from the letter Ct the
law, therefore, it was his in both instau-
ces.
BIT, however this may be, i, is most
unreasonable to suppose that by the
terms of the organic act Congress inten-
6ed to do implicitly what it has not done
expressly-that is, to forbid to the Lee
gislative Assembly the power to choose
any place it might see fit as the tempo
rary seat-of its deliberations. That is
proved by the significant language of one
of the subsequent acts of Congress on
the sabject, that of March 8, 1855, which
in making appropriations for public
buildings of the Territory, enacts that
the game shall not be expended, "until
the Legislature Of said Ter itory shall
have fixed by law the permanent seat of
government. Congress, in these ex-
pressions, does not profess to be grant
ing the power to fix the permanput seat
of government, but recognizes the power
as che already granted. But how? I'M
doubtedly by the comprehensive proris-
ion of the organic act itself, which de-
clares that the Legislative power of
the Territory shall extend to all right
full subjects oflegislation consistent with
the Constitution of the United States
and the provisions of this act :" If, in
view of this act, the Legislative Assem-
bly, had the large power to fix the per-
manent seat of government at any place
in its discretion, of course, by the same
enactment it had the less and the inclu-
ded power to fix it temporarily,
Nevertheless, the allegation that the
acts of the Legislative Assembly were
illegal by reason CT this removal of its
place of session was brought forward to
justify the first great move rent in dis
respect of law, within the Territory.
One of the acts of the legislative assem-
bly, provided for the election of a Dele
gate to the present Congress, and a Del
egate was elected under that law. But
subsequently, to this, a portion of the
people of the Territory proceeded, with
out aushority Of law, to elect another
Delegate.
Following upon this movement was
another and more important one of the
same, general character. Persons con
fessedly not constituting the body poll
tic, or all tie inhabitants, but merely a
party Of the inhabitants, and without
law, have undertaken to summon a con
v%cntion for the pui pose of transforming
the Territory into a State, and have
framed a constitution, adopted it, and
under it elected a Governor aud other
officers, and a Representative to Con-
gress.
In extenuation Of these Illegal acts, it
is alleged that the States of California,
Michigan, and Others we're self-organi-
zed, and as such we're admitted into the
Union without a previous enabling act
Of Cougtess. It is ts-ae that, while in a
majority of cases a previous act of Con-
gress has been passed to authorize the
Territory to present itself as q State,
and that is deemdd 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 a State. titles with Cor
gress to authorize beforehand, or to con.
firm a~fterward, and its Discretion : but
in no instance mas a State been admit
ted upon the application of persons act.
ing against authorities duty constituted
by act of Congress. In every case it is
the people of the Territory, not a party
among them, who have the power to
form a constitution and ask for admis-
sion as a State. No principle of public
law, no practice or precedent under the