New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-10


In base, y,g,g;r;,, Se {; r,,,,sro,-
SlarFee M'~ oH, ,u.y =, ls5s.
Governor Reeder hat SEN to the bogus Legislature
another veto me cage in which he declines give his
signature 10 any law which they may enact willie SIT
ting a. tie shawnee Mission.
We give bis Message al length, az the best argument
We have yet seen upon the subject.
GOVERNOR RrrDER's SECOND VETO MESSAGE.
To tic Hop.e Of Representatives, Of he Territory
of Kansas.
Iretlin 10 your House in which they or inaej the
bill entitled AN act TO Prevent he sale OF intoxicating
H.uors and games OF chance, within one miio OF The
Shawnee Manual Labor school IN the Territory OF
k ses and the bill el tilted An ACt to establish
ferv at lie FOWL of Atchiscn in Kansas Territory,
see pothiIg in the bills Themselves 10 prevent my
sanction of them; and nav Tor dlsapprOyal have
been Coubless aHc raicd by You, as necessarily re-
sutng from the opinions expressed IN my message o.
The oh Instant.
The question is of the powers Of the Legislature,
erd wle her the Les lsnture rs now 10 session az
Mace whuh can b. recol nizod seat OF Govern
utnf where tie business of legislation can be legally
or legmsieiy carried on.
The creai on OF q seat Of Government, IN any case,
bI conn etent authority, Canies with II ne'e sary
and una, odabe Implication, from the meaning ahd
fore of tie term that the laws which ae 70 be passed
fer tie Government of the state or ieuitoIy shau De
ben euocied ard Therefore makes the clear duty OF
The legislature 20 10 rfOr their upcOus az thar place.
II can have TO other object purpose and We can
not for a moment suppose thGt be authority which
createe o seat ol Government eontenplatel that al
the nets and powers of Government might be perform
ed and exercised u well AZ any ohCr place IL cieafy
,nf ans M al the enactment o. laws, which is the high
fst and meet important function OF governmental
rowers. should be exercised at that place, aud 10
Other. ,,.
lie coutroycred; and the CORRECTNESS seems 70 be adj
itied by the Legislative Assembly, IN the tact OF the
ussaspe by them OF act constituting this the Seat
of Government before they would remove mere ifoui
the place at ich they convened. Were the act
valid and within the power OF the territorial Legsa-
ture the question could not arise. To It's validity,
low yer, cannot 1--WE my asser and propose no"
10 tate my reasons for that opinion.
Tho lO'e Territorial Government II brought into
ex oICe by tie act Of Congress passed May 81 ls9i,
ana 20 Il We must look for the u4lt and extent OF the
legislative Judicial Gno Extcn'iye powers The 22d
section pIoyides that the Legislative power and au-
"thoriv OF said Territory shall be vested in the Gov
fernor aGC legislative Assembly, aud then proceeds
10 oerllre hoV The Assembly shall be constituted and
he first Assembly elected; and at the close we find
the following lalgusCe: the persons thus elected
d" slai NEE az such place and re- such day as the Gov
"t1or shall appoint but thereafter, the time, place
" end maunCr Of holding and ucung all elections
by the opo and app0riOnlng The representation N
"tbe several Counties or Districts 10 the Couuci and
" House of Represe natives according 10 the numb
"of qualified voters, shall be prescribed by law as
well no lC DAY of tie commencement OF the regular
-fssors Of tie Legislative Assembly
II VIII lie observed here, that although Congress
civc. 10 tie LEGISLATURE the power TO determine the
line when the Assembly shall thereafter meet they
10 not confer the power 10 TX the place. we "li
zee on further examination the Icasod tor THIS, end
that Congress chose TO retain ana exercise TINS power
r, he 2ith section It is provided that the legis
-laiive power Of sad Territory shall extend TO all
"iiehful sui lecis of legislation, consistent with the
Cor siutOn of the United States ana the PROVISIONS
Bv the 3is section it ia provided that the seat of
Government or said A. ultOry II hereby located tein-
"pororly a. Fort Lelvenwouh, and further proviz.)n
i. then made for tie 0ccupailcn0! buildings not needed
iol military purposes.
By the appropriation bill passed Aug. 5, 1855, Sec
c. Congress enacted that In the event that the See
rotary ct War shall deem it inconsistent with he
interests Of the military service to furnish suihcient
portion OF The military building at Fort Leayenworth
for The use OF the Territorial Government OF Kansas
The sum Of $25, 600 sha be, and 10 that Contingency
" Is hereby appropriated for the efecnon oil PuoAc
buildings for tie ne Of the Legislature Of the Tern
tory Of Kansas TO Be expended unde. tne direction
" of The Governor o. said Territory
II II worthy OF note here, elhough no, precisely a
leral argument upon the construction OF these acts
nat within few days before the pas age Of the ast
recited act Cengresu refused TO MAKE ths approona
ion cOurled with clause repeating the section, wmcl
Fixed The temporary seat OF governnert e or LeeV
cuworth. u il enou- h, however 10 kno" that they
leaving 4 al section in full for r..
On the Sd of March, lsjj, Congress made further
arrr0prgfion Of s25C O0 forpubi5 bulldogs with the
ID, oyiso that said money, or any part thereof or ay
. norton Of tie money heretofore appropriated Tor
" ibis uur.0s.. sha not b. expended until the Legs
latuf, IL said Territory shall have hx- ~ law TIE
" ZEN luent seat Of government
II last euacimen. CJlc'J-iyely establishes Two
roir,e. Ii =. thGt the Legill-ue have tlepower to
tx a permanent seat Of government a. contIad'-
IN Qu,.bed fom O temporary ore AMI second, tnat
10 part tie ipUrU pneilon = b b. expended a. lAc
terr ornrv ste. a. -Cvefnmfn, W.lcl congress pr
q. al in kffrilg 90 fOit LeaycnEoltl.
Tius stood d e le- .sl.-Op a. Congress. When the
Ttof.lufiye Assembly vas COnvcLei the Executive
Wa ,fsied win power % dcsKlste the place where
flcv .houd fal meet Congress had themselves
fixed a temporr ~ sea, Of GOV mment az which the
I4c-l-t1Ie ,Olld meet u csse they sbOld leave ne
fi Place Of mecf.nT, or 10 case secO1d Le.i-ature
should CCuFeIe b. " tie permanent sea. Of govern
n eut -gs fixed and tic l. gis atu-e were Authorized
70 fix permanent seat OF government where TIE aP-
urot fis-i0u- we've 90 BE- expended.
Tbs 'a'tcI power they nay ~ any bL-e eAsi 49,
but the two powers they co1rly cannot, UNI 80.
lave power ~ repeal sad override I'll sc' u
gTess. ..,..;,,a A.
TIE Only a-thoui7 under which the L,zs.if
senbly ere Low Il .irg 40 the Shawnee -, - -
Schoo is az act ii tneir own pass "a Nv tho Ersc
a. TIE fsee where they were conNt-s- - ,,1,,c-
r.ive Srlified An acf 20 remove me a,sl =.
r,ent tetpuoralily 20 The She"nSV "eHA1' i@'1'e-
81 Sriool iu lie Ter,i OrS % haisls' -.
80 - ~ .Lev were nr-t Convened the
IVY H. - euld rn3ou jtodiy have fixed the "ptrma-
- 80 al of guy.r1uif NJ, where tue appropriations
ltlt erded. I'D have adjourned at Onoe TO such
rlsrc; or ii tkey chose 70 delay seuhs on -na1
nsssvre they could u IL: mesliIae have adjourned