Kansas weekly herald., 1855-01-26
For the Kansas Herald.

Mn. EDITOR The location Of the Capitol
for Kansas Territory is of the utmost Importance
to every citizen. 1t is not material how humbly
or remotely he may reside, he is subject to be
called to it at any time either for the protection
of his private interest, the transaction of pub
lie business in the Executive, Legislative or Ju-
dicial departments. Justice demands therefore,
that it be located at the most accessible point
for the great body of the people. Where that
is, shall not discuss, as it is no part of my
present purpose, and as that will doubtless be
made question before the people at their first
election of members to the Legislature. 1t is
remarkable however, that most of the towns in
the Territory should claim to be the most ac-
cessible, though many at its extremities.
Some declare, they have assurances from the
Governor thattheir town will be selected. This
must be misunderstanding of the true position
of the Governor, as it is scarcely probable he
would give pledges inconsistent with the law,
and the convenience of the people. It's impor-
tant therefore, to know what the law is The
31st Section of the Act of Congress to organize
the Territory is follows: viz E'Sec. 81. find
be it further enacted, That the seat of Government
of said Territory is hereby located temporarily
at Fort Leavenworth; and such portions of the
public buildings as may not be actually used and
needed for military purposes, may be occupied
and used, under the direction of the Governor
and Legislative Assembly, for such public pur-
poses as may be required under the provisions of
this Act.'' What is meant by establishing the
seat Of Government temporarily? 1t was GER
tainly believed by Congress, that several year.
would elapse before the territory would be suffi-
ciently settled, and its resources developed to
authorize the permanent location.of the Capitol
They had no doubt, that for several years, if not
permanently, Fort Leavenworth would be most
convenient for large majority of the people.
For these reasons, connected with others the
seat of Government was located temporarily by
an Act of Congress at the Fort. That is, it has
been located there until the Legislative Assem-
bly, may see proper to move it. No other pow
er can change it. 1t required an Act of the Ma
tional Legislature to locate it, and it will require
an Act of the Legislature of Kansas to move it.
The President of the United States cannot-Con-
gress cannot, because it has transferred the pow
all rightful subjects of Legislation to the
Territory not inconsistent with the constitution
of the United States, and the provisions of the
Act organizing the Territorial Government
The Governor cannot change the seat of Gov
ernment. He can perform no act binding upon
the citizen without the power is conferred upon
him by law. Where is the law conferring upon
MIN legislative power? There is none. There
is no direct grant or incidental power arising
out of the Executive office, that confers upon
him the dangerous power of making laws. The
do at ho fha ito1 ~,
where his fancy or interest may lead him, is ex-
tremely ridiculous, and must have originated in
the absence of proper understanding of our in
and laws. That the Governor can make
laws, and that the Legislature-the law-making
power, cannot alter, change or repeal them is
monstrous in this republican country, and he will
never embrace such doctrine, or assume such
dangerous power. The Congress of the United
States conferred upon the Executive the veto
power, but this being negative in its character,
two-thirds Of the Legislative Assembly can pass
any law regardless of his feelings or interest.
The oath Section of the law has reference to this
subject, and is in these words, viz
ssSec. "a, find be it further enacted, 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; but no law shall be
passed interfering with the primary disposal of
the soil; no tax shall be imposed upon the prop
erty Of the United States; nor shall the lands or
other property of non-residents be taxed higher
than the lands or other property of residents
Every bill which shall have passed the Council
and House of Representatives of the said Terri
tory shall, before it become law, be presented
to the Governor of the Territory; if he approve.
he shall sign it but if not, he shall return it with
his objections to the House in which it shall have
originated who shall enter the objections at large
their journal, and proceed to consider it. Ii,
after such reconsideration, tWo-thirds of that
House shall agree to pass the bill, it shall be
sent, together with the objections, to the other
House, by which it shall likewise be reconsid-
cred, and if approved by two-thirds fthat House,
it shall become a laW.o
Thus the legislative power extends to all right
full subjects of legislation. presume none will
deny that the location of the seat of Government
is rightful subject for legislation, as every cit
izen is deeply interested. If so, the organic law
of the Territory gives the power to the Legisla-
tive Assembly to place the Capitol at any point
they may choose. The power thus claimed is
not in conflict with the constitution of the Uni
ted States, or with the Act of Congress for the
organization of this Territory, and therefore.
expressly granted to the legislature. Should the
Goyernor-regardless of the law howeVer-cali
the legislature to assemble at MarysVille, Paw
nee or Fort Scott, at the extremities of the set
Elements, would the laws passed be binding upon
the citizens3 This is an important question,
which Twill at my convenience investigate more
critically. should it become necessary. But
sswith the lights now before me,'' believe they
would be Of no higher legal importance, than the
laws and resolutions passed by the Souatter As
socjation-and that the Courts q the country
would declare, that they assimilated more to the
resolutions of a town meeting, than to the Dig
nifty Of laws passed by legislative authority.
ShaaId the doctrine obtain in this country.