Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1856-02-07


Shawnee Mission. For the same reason he
continued to refuse to sign other bills, un-
til. in the course of a few days, he by Off
call message, communicated to the Assem-
bly, the fact that he had received notifca-
ton Of the termination Of his functions as
Governor and that the duties of tie Of
fee were Legally devolved on the Secretary
of the Territory; thus. to the last, recogn
zing the body as a duly elected and consti-
tuted Legislative Assembly.
1t will be perceived that if any constitu-
tional defects attached t. the Legislative
acts of the Assembly, it is not pretended
to consist in irregularity of election or want
of qualification of the m ,mbers, but only
in the change of its place of session.
However trivial the objection may seem to
be. it requires to be considered, because
upon ii is founded all the supcrslructure OF
acts, plainly against law. which now threat
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 cxccption-
able origin, for the reason that, by the ex-
pressed terms of the organic law, the seat
of government of the Territory was "loca-
ted temporarily at Fort Leavcnworth;" and
yet the Governor himself remained there
less than two months, and of his own dis
erection transferred the seat of government
to the Shawnee Mission, where in fact il
was at the time the Assembly was called to
meet ut Pawncc City. If the Governor had
any such right to change temporarily the
seat of government, still more had the leg
islativc Assembly. The objection is ofcx-
ccp:ional origin for the further reason that
the place indicated by the Governor, with
out having an exclusive claim of preference
i'll itself, was Il proposed town ci,c only,
which he and others were attempting to To-
cate unlawfully upon land within militia
nv reservation, and for participation in
which illegal act, the COMMANDING of Il post
a superior officer of the army, has been
dismissed by sentence ofcourt martial
Nor is ii easy to see why the Legisla-
tive Assembly might not with proprictv
pass the Territorial act transferring its sit
lings to the Shawnee Mission. fit could
not, that must b. on account of some pro-
hibiory or Incompatible provision ofact Of
Congress. But no such provision exis,s
The organic act, as already quoted, says,
''the seat of government is hereby located
temporarily at Fort Lcavenworth:" and it
then provides that certain of tie public
buildings there ''may be occupied and used
under the direction of the Governor and
4 IL, \>ll,. 'rl,o....
might possibly be construed to imply that
when, in previous section of the act, j;
was enacted that 1.-THE first Legislative AS
scmblv shall meet at such place and Oh
such day as the Governor shall appoint,
the word "pla"e" means place at Fort Leav
enworih. not place anywhere in the Terri
tory. If SO. the Governor would have been
the first to err il the matter, not only in
himself having removed the seat of Gov
eminent to the Shawnee Mission. but in
again removing it to Pawncc City If there
was any departure from the letter of the
law, therefore, it was his in both instan-
ccs.
Bat. h viewer this mty be, it is most I'M
reasonable to suppos4 that by the terms of
the organic act Congress intended to do
implicitly what it has not done expressly
that is, 10 forbid to the Legislative Assem-
bly, the power To choose any place II might
see fit rs the temporary scat of Its delbera-
tons. That is proved by the languayc of
ono of the subsequent ac.s of Congress on
the subject, that of March 3, 1855, which
in making appropriations for public build
ings of the Territory, cnacts that the same
shall not be expended until the Lcgisla-
turc of said Territory shall have fixed 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 rccog-
nizes the power as one already granted
But how? Undoubtedly by the compre-
hensive provision of the organic act itself,
which declares that ''the Legislative power
of the Territory shall extend to all righiful
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
mcnt AT any place i'll lis discretion, Of course
by the same enactment it had the less
and the included power to fix it tcmporari-
ly.
Nevertheless, the allegation that the acts
of the Legislative Assembly were illegal
by reason of this removal of It's place of
session, was brought forward to justify the
first great movement in disregard Of law
within the Territory One Of the acts of
the Legislative Assembly provided for the
election of Il delegate to the present Con
gress, and n delegate was elected under
that law. But subsequently to this, a por-
ton f the people of the Territory proceed
ed, without authority of law, to elect an
other delegate.
Following upon this movement was an
other and more important one of the same
general character Persons confessedly
not constituting the body polite, or all the
inhabitants, but merely party of the in
habitants, and without law, have underia-
ken to summon convention for the pur-
pose of Transforming the Territory into II
State, and have framed Constitution adop-
ted it, and under it elected a Governor and
other officers and Representatives TO Con
greSS.