The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1856-02-07

by the parliamentary usage of the country
applied to the organic law, it may be con-
ccdcd 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, one appertaining 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 whic!i, neither
possible legal authority been possessed by
the President of the United States. For all
present purposes the Legislative body, thus
constituted and elected. WAS the legitimate
assembly of the Territory.
Accordingly, the Governor, by proclama-
ton, convened the assembly thus elected to
meet at place called P,wnec 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 on such occasions :;
an elaborate message opening the session
was communicated by the Governor; and
the general business of legislation was en-
tered upon by Legislative assembly.
But, after a few days, the assembly re-
solved to adjourn to another place in the
Territory. a law WAS accordingly passed,
against the consent of the Governor, but in
due form otherwise, to remove the scat of
government temporarily to the "Shawncc
Manual Labor School," or Mission, and
lhithcr the assembly proceeded. After this,
receiving Il Uil for the establishment Of Il
ferry at the town of kickapoo, the Govern
or refused to sign it, and, 10y special mcss-
age, assigned for reason Of refusal, not any
thing Objectionable to the bill itself, nor
amy pretence OF the illegaIity Or incompe-
tcEcy OF the assembly its such, but only the
fact that The assembly had by its act trans
!t:rcd the scat of government temporarily
from Pawncc city to Shawnee Mssion-
For the same reason he continued TO refuse
to sign other bills, until, in the course of IL
few days, he, by official message, co,nmun-
Gated to the assembly the fact that he had
received notification Of the termination Of
his functions as Governor, and that the
duties of the office were legally devolve,l
on the Secretary Of the Territory; thus
to the last recn~nizin" tl. body as IL duly
elected and constituted legislative assem-
bly,.
1t will he perceived that, if any constilu-
tional defect attached to the Legislative acts
Of the assembly, i, is not pretended to con-
sist i'll irr"gularty OF election, or want of
qualification of the members, but only in
the change of its place of session. How
ever trivial this objection may seem to be,
it requires TO he considered, because upon
it is founded aII that superstrncture of acts,
plainly against law, which now thea: ems the
peace, not only of the Territory of Kansas,
but Of the Union.
Such an objection TO the proceedings Of
the Legislative assembly was of exceptiona-
bic origin, for the reason that by the ex-
press terms Of the organic law, the seat of
government of the Territory was "locatcd
temporarily at Fort Leavcnworth," and yet
the Governor himself remained there less
than two months, and Of his own discretion
transferred the seat of government to the
Shawnee Mission, where it in fact was at
the time the assembly were called to meet
at Pawnce city. If the Governor had
any such right to change temporarily the
seat Of government, still more had the leg
islative assembly. The objection is of ex-
ceptionable origin, for the further reason
that the place indicated by the Governor,
without having any exclusive claim of
preference in itself, WAS Il proposed town
site only, which he and others were attempt
ing to locate unIawluly upon land within a
military reservation, and for participa-
ton in which illegal act the commandant
of the post-a superior officer Of the army
has been dismissed by sentence of court
martial.
Nor is it easy to see why the legislative
assembly might not, with propriety, pass
the Territorial act, transferring its sittings
to the Shawnee Mission. If it could not,
that must be on account Of some prohibi-
tory or Incompatible provision Of act of
Congress. But no such provision exists.
The organic act, as already quoted, says
tile seat of government is hereby located
temporarily at Fort Leavenworth," and it
then provides that certain of the public
buildings there may be occupied and used
under the direction Of the Governor and
Legislative assembly" These expressions
might possibly be cons ructed to imply that
when in a previous section of the act it was
enacted that !" the first legislative assembly