Kansas weekly herald., 1855-08-18
VOLUME I---NUMBER 40.

naming Pawnee as the place at which the
members should meet They assembled
there according to his direction he ad-
dressed them with his message: and I'M
to this point, no doubts emanated from anv
quarter as to their right to convene at this
place. II In fact their assembling at Paw
nee was illegal, there has as yet been no
meeting Of the Kansas Legislature, and
the message of the Governor and his SUBJ
sequent acts were founded on false sup
position, 1t is therefore right to assume
that the power given to the Governor to
name a place, meant some other place
than Fort Leavenworth. 1t was the ex-
pectation of Congress that the Assembly
might meet at such other place, and conse-
quentiy not at Fort Leavenworth. How.
therefore, could there have been the i'm
pllcation claimed by Gov Reeder, that it
alone was the place of meeting2
But, an obligation to remain at Pawnee
after that place had been designated, may
be supposed to glow out of the direction to
the Assembly "to meet at such place and
on such day as the Governor shall appoint"
The necessity of naming day and place,
when none other had been fixed in the or
game law, is very apparent. 1t twas to be
the flrst meeting. The members could not
otherwise know where to assemble, nor
when. That necessity, however, termina-
ted with their assembling and organiza-
ton. When organized, they were invest
ed instantly with the Legislative power of
the Territory, which power, says the Act.
"shan extend to all rightful subjects of leg.
lsiatlon consistent with the Constitution of
the United States and the provisions of this
Act; but no law shall be passed interfer.
ing with the primary disposal of the soil
no tax shall be imposed upon the property
OF the United States; nor shall the lands
OF other property of non-resldents be taxed
higher than the lands or other property of
residents" These exceptions mark the
extent OF the power, and it had no other
limitation. The location of the seat of
Government, when not permanently loca-
ted by a higher authority, is within the
scope of Legislation. The Legislature of
the State of New York might Comply with
the numerous petitions which have gone to
them, to establish the seat of Government
at oyracure, or at New York, simply be-
cause all Legislative power is granted them.
and they are not debarred from this change
by provisions of the Constitution of the
State. Wv
The very words in which the direction is
clothed, empowering the Governor to as
semble the Legislature, show that when
they should have met, the power of the
Governor would have been exercised and
exhausted. They were to meet on asuch
day" as the Governor should appoint. In
the Nebraska Act, the power of the Gov
ernor IS wholly different The Act pro-
vldes 'that the Legislative Assembly Of
the Territory of Nebraska, shall hold its
f1rst session at such time and place in said
Territory as the Governor thereof shall an
point" "Words are things. and tb;ngs IF
mighty import" The power to name the
day on which Legislature shall meet, is
not the same as power to name the place
OF Its first session. One IS Immediately
exhausted, the other continues throuebout
the first term. Gov. Reeder admits that
this is the true interpretation of the Act. by
declaring that the Legislature had power to
leave Pawpee and go to Fort Leavenworth.
We have shown, on the strength of his own
acts, that his reasons for requiring them to
go to Fort Leavenworth utterly fail, and
consequently his admission that they had
power to abandon Pawnee, leaves them at
large to adopt. from the necessity of the
case, whatever location they should Judge
proper within the Territory.
10 say the least, Gov. Reeder is wholly
eestopped by the designation of Pawnee.
from insisting that Fort Leavenworth was
established by Congress as the place for
the assembling of the Legislature and
equally so from insisting that they were
Obliged to remain at Pawnee, when he adj
nuts that they might have adjourned to Fort
Leayenworth. The Legislature in adopt
ing ms primary Interpretation of the Act,
were JUSTIFIED IN supposing that the ordina-
y power OF all Legislative bodies to fix the
liLhe ana pace OF meeting, was conferred
~ IN the large powers granted by
the Congress of the United States.