Nebraska advertiser., 1858-02-11

We have also q plate OF a small map OF SCUM Fldte'
Nebraska, for printing common sized envelopes, with any
p9f- USNAS & LANGDON.
S-Nemaha valley and western Exchange money
taken at par for Indebtedness TO this Of1ce. Brownvile
Eotel scrip at ten per cent premium II
Can the LegiSlature-the law max
Ing power Of q State or Territory
lCOnStitHtiOnally enact laws at
any other place than at the Seat
OF Government?
We frankly acknowledge that when
this question first presented itself to our
mind-and when called upon, as a men,
Der of the Assembly, to act by our vote
in the matter-we entertained very seri-
u doubts; so much so that we voted in
the Council, against the motion to adjourn
TO Florence. From that moment almost
to the present, however, we have closely
investigated the subject, and propose now
to give. our conclusions.
In answer to the interrogatory used as
a caption to the article, we assume that
unless there is some organic provision to
the contrary, the body possesses such
power. as a necessary ingredient of the
very sovereignty it wields. We know that
it is customary for Legislatures-law
making powers-to hold their sessions at
the Capital, or Seat of Government: and
that In some instances there are organic
Requirements to that effect. But, in the
absence of special requirements, is such
a course essential to secure validity ? We
thinknot. That there is an absence Of
such special requirements, or organic
provisions in the Organic Act of this Ter.
ritory. we presume none viii deny. W.
must then attribute this absence to either
objectionable ignorance, or great fore
sight and wisdom, on the part Of the
trainers of the instrument. We take The
latter, and can conceive that the wisdom
Of the originator of the Organic Act, saw
In the distance Just such an emergency a
has been witnessed. 1t was not xtrang,
that he should; being himself experienc
ed in western, or border life, and know
ing the conflicting interests, and discor
material natural to. all new settlin!
countries. Nor is it reasonable to sup
pose for a moment, that in a matter O
such Importance and universal attention
as the Bill organizing the Territories o
Nebraska and Kansas, anything shoul
be overlooked. Ii was intended that tn
Popular Sovereignty idea should prevail
throughout, giving the people directly
and through their proper delegates, tn
power to regulate their own affairs; an
TO be governed In a great degree by sur
rounding circumstances.
What says the Organic Act? Tha
the Legislative Assembly shall hold 1T
first session at such time and place in sal
Territory "as the Governor thereof shal
appoint and direct" and afterward SAL
place shall "be subject to be changed b
the Governor ami General Assembly.
The Governor appointed and directed
Omaha as the place for the first session
and it was accordingly held there. A
that session it was enacted "that the Sea
of Government of said Territory is hereb
located and established at Omaha City.
Does it follow that the sessions of the Leg
i~Slature must be held at the Seat of GoUern
meat! Or having assembled there, the
cannot legally adjourn and enact lqrs a
any other placer We think not? Why
Because the reason of the law is wanting
The power tofx the place of meeting 70
the first session was given to the Cover
nor, in order that the Representative
might know uhere to meet In the first in
stance; and for the same reason the LAY
should fix the place for eachfollowing ses
sion. But, there Is no such law upon on
Statute Books! The law defines the tnz
of converting, butnowhere fixes the place
or requires the sessions 10 be held at tn
Seat of Government. Concede that
docs do so, and what then? Having as
sensbIed at the place fixed by law, and Oh
ganized as the sovereign law maxim
i Is not the reason of the law com
piled with? Why should they be inhibii
ed from adiourning to any other localit
10 finish their session, to which they ma