Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1856-02-01

ary elections for members of the legislative assembly
were held in most if not ALL of til precincts at the
time and the places and by the persons designated
and appointed by the governor according tolaW
Angry accusations that illegal votes had been pol
led abounded on all Sides and imputations were ma dc
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 him alone OF.
cally received and considered the returns declared
large majority of The members OF the council ana
the house of representatives duly elected " withheld
certificates from others because of alleged illegally
of votes appointed q new election to supply the
place Of the persons not certified and thus at length
in all the forms of statue, and with his own othcal
Authorization, complete legality was given to the
first legislative assembly of the Territory.
Those decisions of the returning officers and OF the
governor are final except that, by the parliamentary
usage of the country applied 10 the organic law, 1t
NAV be conceded that each house OF the assembly
must have been competent TO detsknlne' IN the last
resort the qualifications and the election OF It's mem
bers The subject was by its nature one appertain-
ing exclusively 10 the jurisdiction of the local author
tiles 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 question as
to which, neither now at any previous time, has
the least possible legal authority been possessed ny
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 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 OF
fetal communications usual such occasions al
elaborate sage opening the session was communl-
Gated by the governor; and the general business Of
legislation was entered upon by the legislative assem-
bly,.
But, after few days, the assembly resolved to adj
iourn to another place in the Tel ritory. law was
accordingly passed, against the consent of the gov
erno but in due form otherwise, to remove the seat
of government temporarily TO the &c Shawnee Manu-
a-Labor School," Cor Mssion,) and thither the as
sembIy proceeded. After this, receiving bill tor
the establishment of ferry at the town OF kickapoo,
the governor refused TO ign it, and by special mes
sage assigned for of reiasa, not anything OBJ
ecuonable in the bill ITSELF nor any pretence OF the
illegality or ncompeency OF the assembly such,
but only the fact that the assembly had by It's act
transferred the seat of government temporarily from
Pawnee City 10 Shawnee Mission. For the same
he continued to refuse to sign other bills un
ill., in the course of few days. he, by official mes
sage communicated TO the assembly the fact that he
had received notification of the termination of his
functions as governor, and that the duties of the OF
flee legally devolved on the Secretary of the
Territory thus to the last recognizing the body as
duly elected and constituted legislative assembly.
1t will be perceived that if any constitutional de-
feet is attached to the Legislative of the
bly, it is not pretended TO consist in irregularity of
election or want of qualification of the members, but
emily in the change of its place Of session. However
trivial this objection may seem to be, 1t requires to
be consdere because upon it is founded all that
perstrucure 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 legls-
lative assembly of eXCeptonable origin, for the
that by the express terms of the organic law
the seat of government Of the Territory was loca-
ted temporarily at Fort LeavenWOrth and yet the
governor himself remained there less than two months
and of his own discretion transferred Ae government
10 the Shawnee Mission, where it in fact was 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 excep-
tonabe origin for the further that the place
indicated by the governor without having any exclu-
sve claim of preference in ITSELF was a proposed
town site only, which he and others were attempting
to locate unlawfully upon land within a military re-
servaon, and for participation 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 ii easy why the legislative assembly might
not with propety pass the territorial act transferring
its sittngs to the Shawnee Mission. If Il could not,
that must be on account of some prohibitoly or in
compatible provision of act of Congress. But no
such provision exists. The organic act as already
quoted says the seat of government is hereby loca-
ted temporarily at Fort Leavenw orh,' 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 ex-
presslOns might possibly be construed TO imply that
when in the previous section of the act it was enact
ed that the first legislative assembly shall meet at
such place and such day the governor shall APP
point; the word place. means place at Fort Lea
Venworth, not place any where in the Territory. If
So the governor would have been the first to err in
this matter, not only in himself having removed the
seat of government to the Shawnee Mission, but in
again removing it to Pawnee City If there was any
departure from the letter of 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 it has not done
express ythat is to forbid TO the leg slatve assem-
bly, the power to choose any place it ght see fit as
the temporary seat of its deliberations That is
proved by the ins gniticant language of one of the
subsequent acts OF Congress the subject, that of
March ), 1855, which, in making appropriation for
public buildings Of the Territory enacts that the
shall not be expended until the legislature Of
said Territory shall have fixed by law the permanent
seat of government" Congress- in these EXPRESSIONS
does not profess 10 be granting the power to fix the
| permanent seat of government, but recognise the
power as one already granted. But how Undoubt-
edly by the comprehensive provision of the organic
act itself, which declares that the legislative bower
OF the Territory shall extend to all rightful subjects
of legislation consistent with the constitution of the
United States and the provisions of this act" IT, in
view of this act the legislative assembly had the
large power to fix the permanent seat of government
at any place in its discretion of course by the same
enactment it had the less and the included mower to
| fix it temporarily.
Nevertheless, the allegation that tie acts of the
legislative assembly illegal by reason of this re-
moVal OF lis place of session brought forward to
justify tie first great movement in disregard of law
within the Territory One Of the acts Of the legsla-
tive assembly provided for the election of delegate
to the present Congress- and a delegate was elected