Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-02-02

| nists were to become the neiehbora Ihosc oes'gus
| and acts had the necessary consequences 70 awehen
emot ions of intense indignation in states near 20 !"e
Territory Of Kansas, and especially III the aoIons
i State of Missouri, whose domestic peace was thus
the most directly cndangercd hut they are FAR from
| iustifying the illegal and reprehcnsible counter
| movements which en$led.
| Under these inauspc:ous circumstances the Pri-
| mary elections for members OF the legislative as
sembly were held in most, if not all, of the pre-.
cincts at the time and the places. and by the per-
sons designated and appointed by the governor ac-
cording to law. ,
Angry accusations that illegal votes had been poll
cd abounded all sides, and mputations were made
both Of fraud and violence. But the governor In
the exercise of the power and the discharge OF the
| duty conferred and imposed by law on him alone,
officially received and considered the returnsi de-
clared large majority of the members OF the c"un,
Gil and the house of representatives "duly ciec!ed
withheld certificates from others because OF aeSed
legality of votes appointed new election to sup
ply the place of the persons not certified ana mus
at length in all the forms of statute and with his own
official authorization, complete legality was gwen
to the first Legislative assembly of the Territory
Those decisions of the returning officers and oil
the governor are final, except that, by the para-
mcntary usage Of the country applied to the organ
ic law it may be conceded that each house OF the
assembly must have been competent to determine,
in the last resort the qualifications and the election
of its members The subject was, by its nature,
appcrtanng exclusively to the jurisdiction OF
the local authorities of the Territory. Whatever
Irregularities may have occurred in the elections, it
seems too late now to raise that question AT all
events it is a question as to which, neither now.
nor at any previous me has the least possible legal
authority been possessed by the President of the
United States. For all present purposes the leg'sa
tive body thus constituted and elected, was the le-
ultimate assembly of the Territory.
Accordingly the governor, by proclamation con.
vened the assembly thus elected to meet at place
called Pawnee City; the two houses met and were
duly organized in the ordinary parliamentary form;
each sent to, and received from, the governor the
official communications usual such "ccasions an
elaborate message opening the session was com
. municated by the governor; and the general bust
ness of legislation was entered upon by the lcgisa
tive assembly.
But. after few days, the assembly resolved to
adjourn to another place in the Territory. n law
was accordingly passed. against the consent Of the
governor but in due form otherwise, to remove the
seat of government Temporarily to the " Shawnee
Manual Labor School" TOR Mssion) and ththrr the
assembly proceeded After this, receiving bill for
, the establishment of ferry at the town Of kicka-
poo the governor refused to it, and, by special
message assigned for ofretuSal, not anything
Objectionable in the bill Itself, any prcencc OF
the illegalty ncoinpctency of the assembly as
such. but only the fact that the assembly had by
its act transferred the seat of Government Temporal
ry from Pawnce City to Shawnee Mission. For
the reason he continued to refuse to 81 9TH
or bills, until, in the of few days, he, by
official message, communicated to the assembly the
fact that he had received notification Of the termi
nation of his functions governor, and that the
duties OF the Office were legally devoived the
secretary of the Territory; thus to the last rec"g-
nizng the body as duly elected and constituted
legislative assembly.
1t will be perceived that, if any constitutional de-
feet attached to the Legislative acts of the ASSEMBLY,
it is pretended to consist in irreguiar!tv of cleo
ton, want of qualification Of the members, but
only in the change of its place Of session. How
trivial this objection may seem t" be, it requires
to b.. considered, because upon it is founded all that
superStructure Of acts, plainly against law, which
now threatens the peace, not only Of the Territory
of Kansas, but of the Union.
Such objection to the proceedings Of the lcgis
lative assembly was of eXcepiionable origin for the
reason that, by the express terms of the organic
law, the seat Of government Of the Territory
"lucated temporarily at Fort Lcavcnworth,' and yet
the governor himself remained there less than
months, and OF his discretion transferred the
seat of government to the Shawnee Mission, where
it in fact at the time the assembly were called
to meet at Pawnee City. Ii the governor had any
such right to change temporarily the of govern.
ment, still had the legislative assembly. The
objection is of exccptonabc origin for the f rthcr
reason that the place indicated by the governor,
without having any exclusive claim of preference
in itself, was proposed town site only, which he
and others were attempting to locate unawfuly up
on land within military reservation, and for par
tcipaton in which illegal act the commandment of
the post-a superior officer of the ariny-has been
dismissed by sentence of court-martia.
Nor is it easy 10 see why the Legislative assembly
might not with propriety pass the territorial act
transferring It's sttlngs to the Shawnee Mission. If
it could not, that must be of some pro-
hibitory or incompatible provision of act of Con-
gress. But no such provision exists. The organic
act already quoted, says d" the seat of govern
ment is hereby located temporarily at Fort Lcavcn-
WORTH and it then provides that certain of the pub
tic buildings there may be occupied and used
der the direction of the governor and esislatiye
scmbiy. These expressions mi ht poSs bly, be
strued to imply that when in previous section of
the act it enacted that the first lrgisat as
sembiy Shall mcei at such place and on such day
the governor shall appoint, the word place means
! place at Fort L.avcnworh not place any where in
the Territory. If SO, the governor would have been
the Irst to err III this matter, no. only in himself
having removed the of government 10 the Shaw
nee Mission, but IN again removing it to Pawnee
City. 1t there was any departure from the letter ot
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
gress intended to do implicitly what 1t has not doue
cxpressly-that is 10 forbid 10 the Legislative assem
bly the power TO choose any place it might tit
as the temporary seat of its deliberations That is
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 ley stature Of
said Territory shall have fixed by law the pcrma-
nent seat of government Congress, in these ex-
pressons, does not profess to be granting the power
to fix the permanent seat of government but recog-
misses the power as one already granted. But how
Undoubtedly by the comprehensive provision of the
organic act ITSELF which declares that the lcgsla
tive power Of the Territory shall extend to all right