Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-03-27
rcoNT1NuEp FROM THE FIRST PAGE. I

w nat, tueu, Was tue cOuulIlou VI tuluSs'
The Legislature could not go to Fort Leaven-
worth, because the Secretary of War said
there were no buildings there to spare, and
Congress had subsequently passed an act for
bidding the appropriation to be expended
except at permanent seat Of government.
Was not this virtual abrogation of the
clause establishing the seat of government
temporarily" at Fort Leavenworth
Well, sir, when you go one step further
you see that this very act gave the Governor
power to call the Legislature together at
"such place" as he should think proper
Does not that fact justify the construction
which put upon the act, that the seat OF
government was to be short time at Fort
Leavenworth, and that after that time it
should be at such place as the Governor
thought fit to call it together, and as the
Legislature might then determine ? 1t seems
to me that that clause gives great force to
my construction.
Again, in the same act, the Governor OF
Nebraska is authorized to call the Leglsa-
ture for its "6rst session" at such place as he
thinks proper. For its ''6rst session" An
important difference. Why this difference
between the two provisions, unless it was,
that in the case of Kansas they intended to
leave to the Legislature some latitude of ac-
ton in case the Secretary of War should de-
eide that there were no suitable building for
their accommodation at Fort Leavenworth ?
1t is said that, in order to render legisla-
lation legal, the Legislature should remain
at the seat of government. l repudiate that
idea; I deny that the Legislative authority
is imperative unless it is exercised where the
seat Of government is established. 1t is alb
surd in the nature of things, and it is con-
trary to all our practice and all our history
Even in England, where forms arc so rig
idly adhered to Parliament, which regularly
meets in London, has in some instances re-
moved its sittings to other parts of England
in case of emergency. The Congress of the
Confederation, upon two memorable occa-
sions, left the city of Philadelphia, and con-
tinued its Legislative functions at another
point. Under the present Constitution, Con-
gress met for years in Philadelphia. Instan-
ces in our State Legislatures are numerous.
The Virginia Legislature when the English
army were present in great force, removed to
Charlottesville. The Georgia Legislature
were migratory in the Revolution; and as
the gentleman from Georgia (NIr. stephens)
said, few day since, they went into North
Carolina.
The principle contended for would vest
the legislative power of the Government in
the mere place. 1t is not so. 1t resides in
the men composing the Legislature. L say
there is nothing in the point. The law
which governs this matter is the law of
common sense, and that is, that it is the du-
ty of the Legislature to meet at the seat of
government, and not to leave it except for
good cause. The matter of public conven-
ience controls the subject. Now, sir, if you
will take the trouble to look at the history
of Kansas, you will find that the Territorial
Legislature acted with the utmost discretion.
The authority which I have in my posses
sion shows that the place where they met
was utterly unsuitable for that purpose. 1t
had no press, no mail, even food and houses
deficient, and the cholera was in their midst.
Why, then, should they stay there? Why
should they confne their sitting to Pawnee
City? Was there any particular merit in
Pawnee? understand some gentlemen to
say that Governor Reedcr held lands there
I have no objection to Governor Reeder
making as much money as he could; but is
that a reason why the Legislature should
con6ne its sessions there?
Well, sir, where did they 60 to? To the
very place where Governor Reeder himself
had gone after leaving Fort Leavenworth,
the only suitable-almost the only possible
place, it is said, in the Territory. Itseems
so to me, then, that there is nothing in the
idea that the Territorial Legislature of Kan
sas was invalid because of the want of author
ity in the Legislature to change the place of
meeting.
But, sir, We are not left alone to mere az
gument upon this subject. We have author
ity upon this point The act of Congress
gives to the President of the United. States,
in case Of insurrection, power to determine
which is the governmet. The President,
in pursuance of that authority, has determin-
cd which is the government of Kansas; and,
in SO doing, necessarily recognized the valid
ity of the laws of the Territorial Legislature.
The decision of the President on this sub
ject is conclusive, and ought to be to pre-
serve peace. If one branch of the govern
mcnt disregard the decision Of another branch
and urges one portion of the people to rebel,
and put at defiance the government recogniz-
ed by that branch Of the government to which
under the general law of the United States,
has been deputed that authority, can we
have peace? The Executive Of Kansas, the
courts of Kansas, the judges, and the Attor-
ney General, all recognize the validity Of
the Legislative authority. The Senate Of
the United States, one of the most august
Legislative tribunals in the world, has recogni-
zed the validityof this Territorial Legislature
indirectly by the confirmation ofthe appoint
ment of Governor Shannon, who had sus-
tanned that legislation. Not only that, but
it is dcducible from the decision of the Su-
preluc Court of the United States that it