A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Such an objection to the proceedings of the legislative assembly was
of exceptionable origin, for the reason that by the express terms of
the organic law the seat of government of the Territory was "located
temporarily at Fort Leavenworth;" and 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 it in fact was at the
time the assembly were called to meet at Pawnee City. If the governor
had any such right to change temporarily the seat of government, still
more had the legislative assembly. The objections are of exceptionable
origin for the further reason that the place indicated by the governor,
without having any exclusive claim of preference in itself, was a
proposed town site only, which he and others were attempting to
locate unlawfully upon land within a military reservation, and for
participation in which illegal act the commandant of the post, a
superior officer in the Army, has been dismissed by sentence of
court-martial. Nor is it easy to see why the legislative assembly might
not with propriety pass the Territorial act transferring its sittings to
the Shawnee Mission. If it could not, that must be on account of some
prohibitory or incompatible provision of act of Congress; but no such
provision exists. The organic act, as already quoted, says "the seat
of government is hereby located temporarily at Fort Leavenworth;" and
it then provides that certain of the public buildings there "may be
occupied and used under the direction of the governor and legislative
assembly." These expressions might possibly be construed to imply that
when, in a previous 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
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 most unreasonable to suppose that by the terms of
the organic act Congress intended to do impliedly 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 its
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 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
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