or
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
recognizes the power as one already granted. But how? Undoubtedly by the
comprehensive provision of the organic act itself, which declares that
"the legislative power of the Territory shall extend to all rightful
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 government at any place in its discretion, of course by the same
enactment 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 legislative assembly
provided for the election of a Delegate to the present Congress, and a
Delegate was elected under that law. But subsequently to this a portion
of the people of the Territory proceeded without authority of law to
elect another Delegate.

Following upon this movement was another and more important one of the
same general character. Persons confessedly not constituting the body
politic or all the inhabitants, but merely a party of the inhabitants,
and without law, have undertaken to summon a convention for the purpose
of transforming the Territory into a State, and have framed a
constitution, ado