Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-08-04

Veto Message OF GOV. Rssdsr.

OF the Territory Of Kansas on the 2lst Of July:
TO the House Of Representatives Of the Territory Of
Kansas.
return TO the house in which they originated
the bill entitled act to prevent the sale Of in
toxicating liquors and games of chance within
one mile of the Shawnee Manual Labor School,
in the Territory Of Kansas; and the bill entitled
an act to establish ferry at the town of Atchison
in Kansas Territory, without my approval.
see nothing in the bills themselves to prevent my
sanction to them, and my reasons for disapproval
have been doubtless anticipated by you as neces-
| sarily resulting from the opinions expressed in
my message ofthe 9Th instant
The question is Of the powers of the legislature,
and whether the legislature is now in session ut
place recognized seat of government where
the business of legislation can be legally or legiti
mately carried on. The creation Of seat of
government, in any case, by competent authority,
carries with it necessary and unavoidable inn
plication from the meaning and force of the term
that the laws which are to be passed for the gov
eminent Of the State or Territory shall be there
| enacted, and therefore makes it the clear duty Of
the legislature to perform their functions at that
| place. II can have no other object purpose,
| and we cannot for moment suppose that the
authority which creates seat of government
contemplated that all the acts and powers Of gov
eminent might be performed and exercised as
| well at any other place. 1t clearly means that
| the enactment of laws, which is the highest and
most important function Of governmental power
should be exercised at that place and no other
This proposition is 50 plain that it will proba-
| bly, not be cOntroverted, and it's correctness
seems to be admitted by the Legislative assembly
in the fact of the passage by them Of an act con-
| stitutng this the seat Of government before they
would remove here from the place at which they
| were convened. Were that act va lid and within
the powers of the territorial legislature the aues
ton could not arise. To its validity, however,
cannot give my assent, and propose now to state
my reasons for that opinion.
| The whole territorial government is brought
into existence by the act Of Congress passed Nav
81, 1854, and to it we must look for the limit and
extent OF the Legislative, judicial, and executive
| powers. The second section provides that the
| legislative power and authority "of said Territory
| shall be vested in the governor and legislative
assembly, and then proceeds to declare how the
assembly shall be constituted and the first as
sembly elected; and at the close we find the fol-
| lowing language: 49,
| "The persons thus elected shall meet at such
| place and on such day as the governor shall ap-
point; but hereafter the time, place, and manner
Of holding and conducting all elections by the
| people, and apportioning the representation in
the several counties or districts, to the Council
and House of Representatives, according to the
number of qualified voters, shall be prescribed
by law, as well as the day of the commencement
Of the regular sessions of the Legislative Assem-
| bly,"
| 1t will be thus seen, that although Congress
| gives to the Legislature the power to determine
the time when the assembly shall hereafter meet,
they do not confer power to fix the place. We
will see, on further examination, the reason for
this, and that Congress choose to retain and ex-
ercise this power themselves.
by the 18th section il provides: " That the
legislative power Of said Territory shall extend
to all rightful subjects of legislation consistent
with the Constitution Of the United States and
| the provisions Of this act"
BY the 3lst section it is provided, That the
seat OF government of said Territory is hereby
| located temporarily at Fort Leavenworth," and
further provision is made for the occupation of
buildings not needed for military purposes
BY the appropriation bill passed August S,
1854, Sc, Congress enacted-That in the event
that the Secretary Of War shall deem it incon-
sistent with the interests of the military service
to furnish sufficient portion of the buildings at
Fort Leavenworth for the use of the territorial
government at Kansas, the sum of S25 900 shall
be, and in that contingency is hereby appropriated
tor the erection of public buildings for the use of
| the Legislature of the Territory Of Kansas, to
be expended under the direction of the governor
of the Territory
1t is worthy of note here, although not pre-
| cisely legal argument upon the construction of
these acts, that within few days before the pas
sage OF the last recited act, Congress refused to
make the appropriation, coupled with clause
| repeating the section which fixed the temporary
seat OF government at Fort Leavenworth 1t is
enough, however, to know that they did not re-
peal IT, The appropriation was made, leaving
| the section in full force
| On the Sd day Of March, 1856, Congress made
further appropriation of SOS 900 for public build
/ ings, with the proviso that said money, or any
part thereof, or any portion Of the money hereto
fore appropriated for this purpose, shall not be
expended until the Legislature Of said Territory
shall have fixed by law the permanent seat Of
/ government
This last enactment conclusively establishes
two points. First, that the Legislature have the
power TO INK the permanent seat of government
| as contra-di distinguished from d temporary one:
and second, that no part Of the appropriation is
TO be expended at the temporary seat Of govern
ment which Congress persisted in keeping at
| Fort Leavenworth
Thus stood the Legislation of Congress when
the Legislative Assembly was convened The
| executive was vested with power to designate the
place where they should first meet. Congress
had themselves fixed temporary seat Of govern
ment at which the Legislature could meet, in
| case they should leave the first place of meeting
| or in case a second Legislature should convene
before the permanent seat Of government was
liked. And the Legislature were authorized TO
Tx permanent seat Of government where the
appropriations were TO be expended.
lhls latter power they may at any time exer-
Sise, out the TWO FORMER they clearly cannot,
less they have power to repeal and override an
act of Congress
The only authority under which the legislative
assembly are sitting at the Shawnee Manual La
Dor School, is an act Of their own, passed on the
9th instant, at the place where they were con-
| vened by the Executive, entitled "An act TO re-
move the seat OF government temporarily Mt the
Shawnee Manual Labor School in the Territory
of Kansas"
AZ the place where they were first convened,
the Legislature could undoubtedly have fixed the
permanent seat OF government where the appro-
Priation could have been expended, and adjourn
ed at once to such place; or if they chose TO de-
lay acting upon that measure, they could in the
meantime have adjourned to the temporary seat
OF government which Congress had established,
but IT is impossible for one TO perceive how they
can establish temporary seat Of government at
different place from that at which Congress has
said II should be, without such conflict ms to
render the Legislature actually void
We find in the organic act many instances of
legislation which were intended only to be proyi-
sional; and intended to last only until the subject
TO which they relate should pass into the hands
OF the Legislature-such as the qualifications Of
electors-times and places Of courts-defninq of
Il nt.wxxaN -.