The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1856-02-16

certain of the public buildings there "may
be occupied and used under the direction of
the Governor and Legislative Assembly,
Theseexpressionsm might possibly be construed
to imply that when, in previous section of
the act, it was enacted that "the first Leg
islative Assembly shall meet at such place
and on such day as the Governor shall APP
point" the word "place" means place at
Fort Leavenworth, not place anywhere 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 the most
unreasonable to suppose that by the terms of
the organic act Congress intended to do i'm
pliedly what it has not done expressly-that
is, to forbid to the Legislative Assembly the
power to choose any place it might see fit as
the temporary seat of it's deliberations. That
is proved by the significant language of one
of the subsequent acts of Congress on the
subject, that of March 3, 1855, which, in
making an appropriation for public buildings
of the Territory, enacts that the same 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 to be
granting the power to fix the permanent seat
of government, but recognizes the power as
one already granted. But how? Undoubt-
edly by the comprehensive provision of the
organic act itself, which declares that "the
legislative power of the Territory shall ex-
tend to all rightful subjects of legislation
consistent with the Constitution of the Uni
ted States and the provisions of this act.''
If, in view of this act, the Legislative AS
sembly had the large power to fix the per-
manent seat of government at any place in
its discretion, of course by the same enact
ment it had the less and the included power
to fix it temporarily.
Nevertheless, the allegation that the acts
Of the Legislative Assembly were Illegal by
reason of this removal of its 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 Legisla-
tive Assembly provided for the election of a
Delegate to the present Congress, and q
Delegate was elected under that law. But
subsequently to this, portion of the people
of the Territory proceeded, without author
ity of law, to elect another Delegate.
Following upon this movement was anoth-
er and more important one of the same
general character. Persons confessedly
not constituting the body polite, or
all the inhabitants, but merely a party of the
inhabitants, and without law, have underta-
ken to summon convention for the purpose
of Transforming the Territory into a State.
and have framed 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, Michi
gan, and Others, were self-organized, and as
such were admitted into the Union without
a previous enabling act of Congress. 1t is
true that, while in majority of cases pre-
vious act of Congress has been passed to au-
thorize the Territory to present itself as
State and that this is deemed the most reg
ular course, yet such an act has not been
held to be indispensable, and in some cases
the Territory has proceeded without it, and
has nevertheless been admitted into the I'm
ion as State. 1t lies with Congress to au-
thorize beforehand, or to confirm afterwal1l.
in its discretion; but in no instance las a
State been admitted upon the ayication of
persons acting against authorities duly con-
stltuted by act of Congress. In every case
it is the people of the Territory, not a party
among them, who have the power to form
constitution and ask for admission as State.
No principle of public law, no practice or
precedent under the Constitution of the Uni
ted States, no rule of reason, right or com
mon sense confers any such power as that
now claimed by mere party in the Terrific
ry. In fact, what has been done is of reyo-
lutionary character. 1t is ayowedIy SO in
motive and in aim as respects the local law
OF the Territory. 1t will become treasona
tile instruction if it reach the length of or
ganized resistance by force to the fundament
al or any other federal law and to the autor
ity of the General Government.
In such an event the path of duty for the
Executive is plain. The Constitution reoui
ring him to take care that the laws of the
United States, be faithfully executed, if thew
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 jurisdiction,
to be used as portion of the posse conaitotus
and, if that do 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 land or naval
force of the United States. So also if the
obstruction be to the laws of the Territory.
and it be duly presented to him as case of
instruction, he may employ for its suppress
sion the militia of any State or the land or
naval force of the United States. And if the
Territory be invaded by the citizens of 9th
er States, whether for the purpose of deci-
ding elections or for any other. and the To-
cal authorities find themselves unable to re-
pei or withstand it, they will be entitled to.
and upon the fact being fully ascertained thew
shall most certainly receive the aid of the
General Government.
But it is not the duty Of the President of
the United States to volunteer interpostion
by force to preserve the purity of elections
either III State or Territory. To do so
would be subversive of public Freedom
And whether law be wise or unwise. lust
or unjust, is nota question for him to Judge.
Ii 1t be constitutional-tha is, if it be the
law Of the land-it is his duty to cause it to
be executed, or to sustain the authorities of
any State or Territory in executing it in op-
position to all insurrectionary movements.
Cur system affords no justification of rev.
acts; for the constitutional means
OF relieving the people of unjust administra-
ton and laws, by change of public agents
and by repeal, are ample, and more prompt
and effective than illegal violence. These
constitutional means must be scrupulouslv
great prerogative of popular
sovereignty sacredly respected.
1t is the undoubted right of the peaceable |
and orderly citizens of the Territory of Kan
sas to elect their own Legislative Body, make
their own laws, and regulate their own So