Washington telegraph., 1856-02-27

section of the act it was enacted that "the
first legislative assembly shall meet at such
place and on such day as the Governor
shall appoint" the word place" means
place at Fort Leryenworth. not place any
where in the Territory. If SO, the Govern
or would have been the first to err in this
matter. not only in hiaaself having removed
the seat of government to the Shawnee Mis-
sion. 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 un-
reasonable to suppose that by the terms of
the organic act Congress intended to do
implicitly what it has not done expressly
that is. to forbid to the legislative assembly
the power to choose any place they might
see fit as the temporary seat of its delibera-
ations. That is proved by the significant
language of one of the subsequent acts of
Congress on the subject-that of March 8,
1855-wbich, in making appropriation for
public buildings of the territory. enacts
that the same shall not be expended "untiI
the legislature Of said territory shall fix by
law the permanent seat of government" -
Congress, in these expressions. does not
profess to be granting the power to fix the
permanent seat of government, but recog-
nizes the power as one already granted =
But how? Undoubtedly by the compre-
hensive provisions 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
provisions of this act' If, in view of this
act, the Legislative assembly had the large
power to fix the permanent seat of govern
ment at any place in its discretion. of course
by the same enactment it had the less and
the included power to fix 1t temporarily.
Nevertheless, the allegation that the acts
of the Legislative assembly were illegal by
reason Of this removal of its place of ses-
sion, was brought forward to justify the first
great movement in disregard of law within
the Territory. One of the acts of the le-
gislative assembly provided for the election
of delegate to the present Congress, and
a 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 delegate.
Following upon this movement was anoth-
er and more important one of the same gen.
eral character. Persons confessedly not
constituting the body polite, or all the in
habitants, but merely party of inhabitants,
and without law, have undertaken to sum-
mon a convention for the purpose of trans
forming the territory into State, and have
framed a constitution, adopted it. and under
it elected Governor and other officers and
a representative to Congress.
In extenuation of these illegal acts, it is
alleged that the States of California, Mich
igan, and others, were admitted into the
Union without previous enabling act of
Congress- 1t is true that, while in a ma
jority of cases, previous act of Congress
has been passed to authorize the Territory
to present itself as State. and that this is
deemed the most regular course, yet such
an act has not been held to be indispensable,
and in some cases. the territory has proceed
ed without it, and has nevertheless been ad-
mitted into the Union as a State. 1t lies
with Congress to authorize beforehand, or
to confirm afterwards. in its discretion but
in no instance has State been admitted
upon the application of persons acting
against authorities duly constituted by act of
Congress.
In every case it is the people of the Ter
ritory, not party among them, who have
the power to form a constitution, and ask
admission as State No principle of pub
lie law, no practice or precedent under the
of h. 10
of reason, right, or common sense, confers
any such power as that now claimed by a
mere party in the Territory In fact, what
has been done is of revolutionary charac-
ter. 1t is ayowedly so in motive and in
aim as respects the local law of the Terrific
ry 1t will become treasonable insurrection
if it reach the length of organized resist
ance by force to the fundamental or any 9TH
federal law, and to the authority of the gen
eral government.
In such an event, the path Of duty for
the Executive is plain. The constitution
requiring him to take care that the laws of
the United States be faithfully executed, If
they be opposed in the territory of Kansas
he may and should place at the disposal OF
the Marshal any public force of the United
States which happens to be within the juris-
diction to be used as portion of the posse
consitatus, and, if that does 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 forces of the United States. So, also.
if the obstruction be to the laws of the ter
ritory, and it be duly presented to him as a
case of insurrection. he may employ for its
suppression the militia Of any State, or the
land or naval force Of the United States
And if the Territory be invaded by the citi-
zens of other States, whether for the purpose
of deciding elections or for any other, and
the local authorities find themselves unable
to repel or withstand it, they will be enti
tied to, and upon the fact being fully ascer
tanned, they shall most certainly receive