The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1856-02-07

But after a few days, The assembly re.
solved TO adjourn to another place in the
Territory. A law was accordingly pas.
seJ, against The consent or: ::l,a govern
or, but in due fOrui Otherwise, to remove
the seat OF government Temporarily to
he "sShawnee Maoual-Labor School"
Cor MIssion) and tiiti,er the assembly
proceeded. After shis, receiving a bill
for the establish1ept of ferry at th.
tow, OF KickaH56, the governor refused
to sig II, and, by special message, as
signed for reasdsl ofrelusnl nol anything
objectionable in the bill itself, nor a,,y
preteDce OF tie iilegality or incompetent.
cy of the assepbly us such, but only the
tact that the Nassembl bad by it's act
transferred theSaeat of government TEN.
porarily from. Plswnee CITY to Shawnee
Mission. For The same reason be con-
tinued to refusetto sign other bills,untiI
IN the course of a few days, he by Off
ciai message, communicated to th. as
sembly the fact that he had received no.
tlfcation of the termination of his func-
tons as governor, aud that the duties of
the office were legally devolved on the
Secretary of the Territory; thus to the
las. recognizing the body as a duly cleo
ted and constituted Legislative assembly.
II will be perceived that, if any con.
stitutional defect attached to the leuisla.
the acts OF The assembly, it is not pre-
tended to consist in irregularity of cleo.
ton, or want of qualification of the
members, but only IN the change of its
place of session. However trivial this
obIection may seem To be, it, requires to
DE considered, because upon il is found
ed all that superstructure of acts, plain
~ against law, which now threatens the
peace not only OF the Territory of Kan
sas, hut of tue Union.
SucA objection to the proceedings of
tie Legislative assembly was otexception.
aoieSorigin, Tor the reason thai, by the
express terms OF the organic law, the
seat OF government Of the Territory
was "iocated temporarily at Fort Leay
enwortli," aud 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 il in fact was at the lime
the assembly were called to meei AL
Pawnec City. Ii the governor had any
such right TO change temporarily, ,he
seat OF government, still more had the
Legislative assembly. The objection is
of offexceptionaDle origin for the further
reason that the place Indicated by the
governor, without having any exclusive
claim OF preference in itself, was a pro-
posed town site only, which he and
Sothers were attempting To locate un
lawfully upon land within military
preservatien, and for participation il,
ss,' tsieh tiisa9l act the catnot,.,:l.la.- es
ND p0si4-4as az p.snssr-offity OF the army
rtias been dismissed by sentence Of
EcDurt-Danial. -8e
Nor Is II easy 10 see why the leysla.
tive assembly ly5night not wtn propfie,y
pass the territorial act iransierrinu its
sittings the Shawnee Mission. II,
could not, iliat must be or, account of
some sprohibiiory or incompatible pru-
VISION of act of Congress. But no snch
|proyision exists. Tie organic act, AS
ALREADY quoted, says 'llle seat of Gov
ernlnentsis hereby located temporarily
az Fort Lfavenwortli," and then ID pro.
yides that certain of the public buildings
there may be occupied and used under
The direction of the Governor and lcpis.
lative assembly," These expressions
tEight possibly be construed to itnpIy
tttat when in previous section of the
acl was enacted that "the first leg sla.
1--WE assembly shall meet at such a place
aud oitsuch day as the Governor shall
appoint,f the word "plnce" means place
at Fort 1sayenworlh, not place any
where inSsthe Territory. IL go. The
Governor would have been the first to
err IN this matter, not only in hlnself
having removed the seat of Government
10 the Shawnee Mission, but i'm aga,n
removing il To Pawnee Civ. If there
was any departure from the letter of The
law, thereiore,il was his in both i'm.
stances.
But, however this may be-, il is most
unreasonable to suppose that by the
terms OF the organic act Congress in.
tended to do impliedly what it has not
done expressly--tlIat is, to forbid to the
legislative assembly the power to choose
any place II might see fit MS the tempo.
rary seat ofits deliberations. That is
proved by the significant language OF
one OF the subsequent acts OF Congress
on the subject, that OF March 8, 1853.
winch, III making appropriations for pub
tic buildings of the Territory, enaots
that the same shall not be expended .un-
I'll the Legislature of said Territory shalt
have fxedby law the permanent seat OF
governinent. Congress, iif these ex-
bpress!ons, does not profess TO- be
granting tke power .tot fix the peynla-
nent seat bof governmeut, but rec0gnls
ses tie power as one Alfeady ar,,ftt.
ted. But liowl Undoubtoa!y bv the
comprehensive provision of, the s,reai,-
ic act itself, which declafes thai @the
Legislative power ofthe srerritoiy shall
extend TO ali righdul subjects oisieeisIa.
tim conslstent with the Constitutivil 81
tl,s United States and the proyisions 81
this act" II, ilI view ofthis act, ,sta lep.
lslatiye assembly had the large power /.
hx theiperm9nent seat Of governments az
any place in us discretion, ,of course by
the same euactnent it had iis less and
the jInc.nded powerto fix itiempusafijy. IL
Nevertheless, the Allegation that tile
ac.sof tho legislaiive assembly were il.
legal BY reason of this removal of fts
place OF session was brougiitiorgaEA u
justly tue iirst movement in, Jisgc ard
OF iaw within the Territory. Que 81
|, The acis of the Legislative assen.bly pro.
yided for the eleciion ola ,deIe9nte "a
the present Congress and asEegate n s
elected under thapiaw. utssiihsennAnl.
70 thisssa portion of The pgsa3sie /, {. the
Territory proceeded, wiihdSf aulhority
OF law 70 elect anutl,er delegate
Foilsssing ulsen this niosen.ant was
another4and 1lgrH iiiippriAof t,is cs tise
same gcnerm character. Eassuf,a cor.
fesSeCilv not oo,taffftlina,S ~, Ma. ;3