Kansas weekly herald., 1855-08-04


by the law, transmitted to you, passed various
bills, which were sent to the Governor fer his |
approval. On the 21st OF July he returned the
bills with his objections to signing them, Gall Of
fHouss Of Representatives of Kansas Territoryo
and sfto the Council Of the Territory of Kansas"
respectivsly-by which he assumes that we are
not the the "Houss of Representatives of Kan
sas Territory" nor the sCeuncil Of the Terri
tory of Kansas which, to say the least of it, is
glaring Inconsistency, yet not more SO than the
rest Of the document, which you will perceive
by reading the points made by him. We VIII
briefly state them, without an argument, to show
their utter fallaey, so shown by himself, as we
are confident that you will perceive them at a
glance. One point is, that Fort Leavenworth is
the seat OF Government, made so by the organic
act; that law passed any where else than at the
seat of government would be illegal.
That he had the right to call the Legislature
to meet at a point not the seat of government,
(that is Pawnee,) and that laws enacted there,
though not the seGt of government would be le
ton.
That we could have passed an act at Pawnee
though not the seat Of government, and there
fore illegal-establishing permanent seat of
government, and by ILLEGAL ADJOURNMENT
because passed at point not the seat of gov
ernment-haye met at such permanent seat of
government, and there have made legal and bind
ing statutes; or, by the same ILLEGAL process,
have adjourned to Fort Leavenworth, the seat of
government, and there have made legal and bind
ing statutes.
We would respectfully represent that, if the
above are the honest opinions of Governor Reed
er, you must admit his utter incompetency to
discharge the high duties imposed upon him,
and he should be removed. II they be not his
honest opinions, then is he acting with the sin
lister design of defeating the whole object for
which we are assembled.
If he believes that Fort Leavenworth is the
seat of government, and that laws passed any,
where else than at that point would be illegal
and void, then to call us to Pawnee to legislate
is wilful, deliberate and base attempt to rem
der all our acts, of whatever character. wholly
illegal and void; because, by his own showing,
Pawnee is not the seat of government, and acts
passed anywhere else than at the seat of govern
ment are of necessity void, and for which he
should be removed.
We will not proceed further with this, bnt
Will simply aver that from the action of Con-
gress, Fort LeavenWorth is not now the temper 4
ry seat of government. The bill provides. II
| the 31st section, that Fort Leavenworth shall be
the temporary seat of government, and that
| such buildings as may not be needed for the use
| of the military, shall be used by the Governor
and Legislative Assembly. A subsequent clause
of an appropriation bill provides for the ap-
preparation of twenty-five thousand dollars to
be expended upon the contingency, or rather the
appropriation made upon the contingency, that
the requisite buildings could not be obtained
from the military or war department. That ap-
preparation having been made and paid over,
| proved conclusively that the contingency men
toned has arisen, and that the buildings are re-
| fused. A subsequent appropriation made on Sd
OF March, 1855, provides that the sum of twen-
ty-hVe thousand dollars be appropriated, and
that. in addition to the amount already appro-
prlated, shall be expended in making suitable
buildings at the permanent seat of fgouernment-
| Now, if Fort Leavenworth is the seat OF govern
ment, and the place for the Legislature to meet
and transact business, then this absurd conse-
quence follows that they must meet and trans
| act business at Fort Leavenworth that they
shall not use any OF the buildings already erec-
ted there and that they shall not have any of the
money to erect other buildings which could be
occupied.
Now, so the law never contemplated an abb
surdity such as this, forcing legislative assem-
bly,, even though composer Of squatters, to meet
out of doors and forbid their erecting houses,
we infer that the 31st section of the bill is vir-
tually repealed; and having no seat of govern
ment created by competent authority, the selec-
tion of the point for the temporary seat of gov
ernment legitimately belongs to the Legislative
Assembly, whenever and wherever conyenad-
And we further submit that according TO the
spirit and letter of the law we have that right,
even If Fort LeaVenworth be the seat of govern
ment. We submit that, as all government is
for the good OF the governed, and as this is one
of the legitimate subjects of legislation, vested
in the people of every State in the Union and
as there could have been no intention on the
part of the wise and good men who framed this
bill, when they fixed the seat Of government
temporarily, to have done so other than for the
comfort and convenience of the sovereigns !:
that they never intended to fix an arbitrary rule
which the people could not alter, if found in
convenient; that it was more pernaission graG-
ted by Congress that we might have the use of
those buildings, or sit at that point than com,
mand that we should not select another point, if
more desirable
We will and do further represent that the DO
sition assumed by the Governor is despotic
and tyrannical one, calculated to lead to the
worst consequences If he is not forthwith re-
moved.
Already threats in advance have been made
that no respect would be shown to any act pass
ed by this Legislative Assembly, whensoever
and wheresoeyer such act OF acts may be passed.
Several papers in the Territory boldly advocate
this position. A man protesting to have been
elected to the Legislature, On. +. Conway
who afterwards rendered his resignation, adyo-
Gates this doctrine of resistance. The Govern
or is and has been ON terms of intimacy with
these very persons; and with him as their leader,
they may be led to the commission of acts
which viii inevitably result in widespread
strife and bloodshed.
aNow, we submit that the course pursued by
the Governor is unwarrantable and factious,
even If he is right in the opinions advanced that
our acts are illegal and void. The courts are
the tribunals to decide this issue, and no man,
Governor or private citizen, has right to set
the laws at defiance, even if unconstitutional
and void. until so decided by the proper courts.
This principle is so we'll understood that we
are not prepared to imagine that Governor
Reeder is ignorant of it, even taking his own ar
gument as an index Of his intelligence and
there must be wilful and base design to lead
the less-informed into the commission of treas
enable acts, for which he should be removed.
In conclusion, we charge the Governor, A. 81.
Feeder, with wilful neglect of the interests of
the Territory, with endeavoring by all the
means in his power TO subvert the ends and OBJ
sas and Nebraska Bill p BY neglecting the pub
lie interests and making them subsertient to
private speculation by aiding and encouraging