The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1856-01-31

i gam removing Il to Pawnee City. Ifthere
was any departure from the letter ofthe law,
therefore, il was his In both instances.
4 But, however this may be, II is most un-
reasonable TO suppose that by the terms OF
the organic act OF Congress intended TO do
imPliedly what ID has not done expressly
that is, to forbid to the Legislative Assembly
the power to choUse any place it might see
fit as the temporary seat OF its deliberations.
This is proved by significant language OF
the subsequent act oil Congress- on the sub.
lject, that OF March 8, 1855 which in making
appropriations for public buildings of Terri
tory, enacts that the same shall not be ex-
pended "until the Legislature Of said Terri
tory shall have fixed by the permanent seat
of Government" Congress in these ex.
pressions, does not profess to be granting
the power to fix the permanent seat of Gov
erment, but recognizes the power as one al
ready granted. But how! Undoubtedly by
the comprehensive provision OF the organic
act itself, which declares that the legislative
power of the Territory shall extend to all
rightful subjects of legislation consistent
with the Constitution of the United States
and the provision Of this act." If in view
of this act, the legislative Assembly had the
large powerto fix the permanent seat of Gov
eminent at any place in its discretion; OF
course by the same enactment il had the
less and the included power to fix It tempor-
arilly.
Nevertheless, the allegation that the acts
of the Legislative Assembly were illegal by
reason of this removal Of it's place of sess-
ion was brought forward to justify the first
great movement in disregard o! law. within
the Territery. One of the acts of the Leg
islative Assembly provided for the election
of Delegate to the present Congress, and
q Delegate was elected under that law
But subsequently to this, portion of the
people of the Territory proceeded without
authority of law, to elect another Dele
gate.
Following upon this movement was ano-
ther and more important one of the same
general character. Persons confessedly
not consulting the body polite, or all the
inhabitants, have undertaken to summon
a convention for the purpose Of Transforming
the Territory into State, and have framed
a constitution, adopted it, and under it elect
, ed Governor and other officers, and Rep
J resentative to Congress.
In extenuation of these Illegal acts, it is
alleged that the States of California ,Miehi-
gan, and others were f.organized, and as
such were admitted into the Union without
a previous enabling act of Congress. 1t is
true that, while in majority OF cases prt
, vious act of Congress has been passed to
authorize the Territory to present itself as
State, and that is deemed the most regu-
|, lar 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. 1t lies with Congress to authorize
l beforehand, or to confirm afterwards, in its
, discretion, but in no instance has State
, been admitted upon the application of per-
sons acting against authorities duly cons,
{ stituted by act of Congress. In every case
: it is the people of the Territory, not party
} among them, who have the power to form
a constitution and ask for admission az q
: State. No principle of public law, no prac
tice or precedent under the Constitution o.
r the United States, no rule or reason, right,
, or common sense confers any such power as
. that now claimed by mere party in the
Territory. In fact, what has been done il
of revolutionary character. Its avowed SO
} in motive and in aim us respects the loca
: law of the Territory. 1t will become trea
/ sonable insurrectian if it reach the length o
! organized rcsistances by fundamental ol
, any other federal law and to the authority
of the general Government.
In such an event the path Of duty for the
; Executive is plain. The Constitution re
} quiring him to takes care that the laws o
Uuited States be faithfully executed, if they
: be opposed in the Territory of Kansas he
} may and should place at the dispoasl of tht
, marshal any public force oft U. S. which
! happens to be within the jurisdiction, to be
used as portion of the poss comitatus; and
if that do not suffice to maintain order, then
he may call forth the militia of one or more
States for that object or employ for the
same object any part of the land or nava
force of the United States. So also.if the OBJ
: structlon be to the laws of the Territory ,ant
, it be duly presented to him as u case of in
surrection, he may employ for suppression
militia of any Stae or the land or nava
force of the United States. As if the Terri
{ tory be invaded by the citizens of othc
: States, whether for the purpose of deciding
elections or for any other, and the local au'
: thorities find themselves unable to repel o.
withstand, they will be entitled to, and upoI
} the fact being fully ascertained, the shal
most certainly receive the aid of the Gen
eral Assembly.
, But it is not the duty of the President o
f the United States to volunteer interpostiol
by force to preserve the purity of elections
in State or Territory. To do so would b.
subversive of public Freedom. And whethe
a law be wise or unwise, just or unjust, is no
, the question for him to judge. If it be con
stitutional-t that is, If it be the law Of tn
land-it is his duty to cause it to be exeeu
, ted, or to sustain the authorities Of any Stat
: or Territory in executing it in opposition t
all insurrectory movements.
8 Our system affords no justification ofrevc
: lutionary acts; for the constitutional mean
Y of relieving the people of unjust administra
ton and laws, by change of public agent
+ and by repeal, are ample and more promr
d. and effective than illegal violence. Thes
e constitutional means must be scrupulousl
t guarded-this great prerogative of populi
: sovereignty sacredly respected.
d 1t is the undoubted right of the peaceabl
G and orderly people Of the Territory of Kar
: sas to elect their own Legislative Body, max
It their own laws, and regulate their own s.
IS cial institutions, without foreign or domest
It molestation. Interference on one hand
y procure the abolition or prohibition of sla,
It labor in the Territory, has produced mi
/. chevous interference, on the other for
j. maintenance or introduction. One wror
Ie begets another. Statements entirely VI
At founded or grossly exaggerated, concernir
,e events within the Territory, are sedulous
y, diffused through remote States to feed Il
n, fame of sectiopal animositv there: and ii