New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-31
GOV. REEDER'S VETO MESSAGE.

"Territory of Kansas and the bill entitled An Act
TO establish Ferry at the town of Atchison, IN
| "KansGs Territory" without my approval. ] see
| nothing in the bills themselves TO prevent my
| ton Of them and my reasons for dsapprOval have
been doubtless anticipated by you necessarily re-
sultng from the opinions expressed in my message OF
| the 9Th inst.
Tie question is Of the powers Of the Legislature and
whether the Legislature is in session at place re-
cOgniZed seat of government where the business
Of gisatiOn he legally legitmatey carried on.
The creation of seat Of government in any case by
competent authority, csTrles with 1t a necessary and
unavoidable implication from the meaning aud force
of the term thst the laws which 10 be passed for
the government of the State Territory shall be there
enacted, and therefore makes II the clear duty OF the
Legislature TO perform their functions at that place.
1t can have other object or purpose and we cam
| not for q moment suppose that the authority which
rtates seat Of government contemplated that oil
! the acts and powers of government might be per
formed and exercised as well at any other place.
II clearly means that the enactment of laws which 10
the hghest and most important function of govern
mental power should be exercised at that place and
! no other.
This proposition is so pain that it will probably not
be cOnrOvcriod and its correctness seems TO be adj
mired by the Legislative Assembly in the fact of the
passage by them of an act constituting this the seat of
government before they would remove here from the
place at which they were convened. were that acl
valid and within the powers of the Territorial Lee isa-
tme the question could not arise. To its validity
however | cannot give my assent and propose now
! to state my Ieasous for that opinion.
existence by the act of Congress passed May 81 1884
ard 10 it we look for the limit and extent of the
Legislative, Judicial and Executive powers. The 22d
section provides that the Legislative power aud au-
thOrv of said Territory shall be vested in the Gov
"trnOr and Legislative Assembly" and then pro-
ceeds to declare how the Assembly shall be corsti-
Tut d. and the first assembly elected and at the close
we find the following language: "The persons thus
elected shall meet at such place and on such day as
the Governor shall appoints but hereafter the time,
place and manner OF holding and conducting oil
IL, tnfaI
ltation in the several counties or districts OF tue
CouI ell and House of Representatives according 10
the number qualified voters shall be prescribed oy
law as well as the day of the commencement OF the
| regular sessions of the Legislative Assembly
1t will thus be seen, that although Congress gives 10
the Legislature the power to determine the time when
the Assembly shall thereafter meet, they do not confer
| mower TO fix the place. We will on further exam
nation the reason for this, and that Congress choose
TO retsin and exercise this power themselves.
BY the Goth section it provides, That The legsla-
live pow er of said Territory shall extend to all right
full subjects ofegslaton consistent with the Constu
ton OF the United States and the provisions of tins
act"
Government Of said Territory hereby located tempo
"rarily at Fort Leayenworh and further provision IS
made for the occupation of buildings not needed for
! military purposes.
By the appropriation bill passed August 5, 1854,
section g. Cong ess enacted-Ihat in the event that
the Secretary of War shall deem IT inconsistent with
the interests of the military service to furnish suii-
|
worth for the use of the Territorial Government of
Kansas the sum of S25 600 shall be, and in that con
tngency, is hereby appropriated for the erection OF
public buildings for the of the Legislature OF the
Territory of Kansas TO be expended under the direc-
tiou Of the Governor Of said Territory.
1t is worthy of note here, although not precisely a
legal argument upon the construction OF these acts,
that within few days before the passage OF the last
reciied act Congress refused TO make the appropna
ton coupled with clause repeating the section which
fixed the temporary seat Of Government at Fort Leav-
90, Ur.Axxy hat fhaN
did not repeal it, The appropriation was made, leav-
ing that section in full force.
On the sd day of March, 1855, Congress made fur
ther appropriation of s25 600 for public buildings with
the prOVsO that said money every part thereof or any
portion of the money heretofore appropriated for this
purpose shall not be expended until the Legislature OF
said Territory shall have fixed by law, the permanent
seat of Government.
points First that the Legislature have the power &c
tx the permanent seat of Government as contraus
tins uished from temporary one; and second that "
part of the Appropriation Is to be eAPenueu al lno V
norary seat of Go which Congress persisted
ON keeping a Fort Leavenworth. ,
Thus stood the legislation of Congress when Tx
legislative Assembly was convened The ENecuuV'
was vested with power to designate the place wher
thew should first meet. Congress had themselves ike
tenn orarv seat of Government at which the legisla
time ceuld meet in case they should leave the trs
3 | Mace of meeting, IN case second Leglslaiui
should convene before the permanent seat OF Govern
ment wac fixed. And the Legislature were authorize
| preparations were 10 be expended.
This latter power they may at any time exercise, ou
the two former they clearly cannot, unless they nav
| rover TO repeal and oven ule au act OF Congress
I The only authority under which the Legislative As
| sembly are 81 ting at the Shawnee Manual Laoo
school is an act Of their own, passed on the ON lust
at he place where they were convened by the tXecn
five entitled An Act TO remove the Seat OF Govern
"meut temporarily at the Shawnee Manual LaOo
School in the Territory Of Kansas.
At the place where they were first convened, WI
LEGISLATURE could undoubtedly have fixed the FFJpla
M seat os government where th- appropriation coul
have been expended, and adjourned at once Ia sue
place or if thew choose odeay acting upoa that nea
sure. thew could in the mean time have adjourned
,Sat,rno,ary seat of government which Congress ha
established bu. is impossible for one TO perceiV
how thew can establish temporary seat OF tower
mont M a tlerent place from that az which CohSreS
Los said il should be- without such conflict as 10 Ten
Der lie Legislature actually void.
we find in The organic act many instances OF iesls!s
ton which were intended ouly 10 be proVlsohsi an
intended 10 last OF w until the subject 10 wnlch lhe
relate sbond with the hands of the Legislature-suc
! as the qualifications Of eleciors-nmeS ana paSes
: courts-defrine Of dstrics-apponmehls OF on'ee,'
&C.. but in each of these eases the power 10 ohaus
the provisions of the organic act Is expressly sNel
while in regard TO the temporary seat oil go'erneN
T il is not given. ..
Indeed in view Of the fact that Congress has ho' y
a cluded this the provisional leglslation-'nas
speskipg Of the day and place for all meetings OF IN
Legislature after the FIRST they give power to me Ley
ature TO fix the day but not the place-that tne ON
power given 10 the Legislature in reference TO the sea
Of Government is the power TO fix the permanent piae
where the appropriation shall be expended, and "a
restriction Of legislation 10 matters consistent with "