The Kansas herald of freedom., 1855-08-18


ernment, and acts passed anywhere elst
than at the seat of government are o
necessity void, and for which he should
be removed.
We will not proceed further witt
this, bur viii simply aver that from the
action of Congress, Fort Leayenworth
is not now the temporary seat of govern
ment. The bill provides, in the SIS
section, that Fort Leavenworth shall be
the temporary seat of government. and
that such buildings as may not be needed
for the use of the military, shall be used
by the Governor aud Legislative Assem-
bly,. A subsequent clause of an appro-
pfiation bill provides dor the appropfia-
tioh Of twenty five thousand dollars to
be expended upon the contingency, or
rather the appropriation made upon the
contingency, that the requisite buildings
could not be obtained from the military
or war department. That appropriation
having been made and paid over, proved
conclusively that the contingency men
toned has arisen, and that the buildings
are refused. A subsequent appropriation
made on Sd of March, 1855, provides
that the sum OF twenty five thousand
dollars be appropriated, and that, in
addition to the amount already appro-
priated, shall be expended in making
suitable buildings at the permanent seat
of government. Now, if Fort LeaYen-
worth is the seat of government, and
| the place for the Legislature to meet and
transact business, then this absurd con-
sequence follows: that they must meet
and transact business at Fort Leaven-
worth that they shall not use any of
the buildings already erected there and
that they shall not have any of the money
to erect other buildings which could be
occupied.
Now, as the law never contemplated
an absurdity such as this, forcing a
Legislative assembly, even though COM
posed of squatters. to meet out of doors
and forbid their erecting houses, I'VE infer
that the 31st section of the bin is virtu-
ally repealed and having no seat of
government created By competent au-
thority, the selection of the point for the
temporary seat of government legitimate
ly belongs to the Legislative Assembly,
whenever and wherever convened
And we further submit that according
TO the spirit and letter of the law we
have that right, even if Fort Leayen:
worth be The seat of government We
submit that, as all government is for the
good of the governed, and as this is one
of the legitimate subjects OF Legislation.
vested IN the people of every State in
The Union and as there could have been
ssls sislsssssiost on Tire =part of the wise and
good men WHIP framed this bill, when
they fixed the seat of government tenn
porarily, to have done SO other than for
the comfort and convenience. of the SOW
ereisns; that they never intended to fix
an arbitrary rule which the people could
not alter, if found inconvenient. that it
was more permission granted by Con-
gress that we might have the use of those
buildings, or stat that point, than a
command that we should not select an
other point, If more desirable.
We will and do further represent that
the position assumed by the Governor is
a despotic and tyrannical one, calculated
to lead to the worst consequences if he is
not forthwith removed.
Already threats in advance have been
made that no.respect would be shown
to any act passed by this Legislative As
sembly, whatsoever and wheresoever
such act or acts may be passed. Sew
eral papers in theTerritory boldly sdvo-
cate this position. A man protesting to
have been elected to the Legislature,
IN. F. Conway, who afterwards tender
ed his resignation, advocates this doe
trine of resistance. The Governor is and
has been on terms of intimacy with these
very persons; aud. with him as their
leader, they may be led to the commits
sion of acts which will inevitably result
in widespread strife and bloodshed.
Now, we submit that the course pur-
sued by the Governor is unwarrantable
and faetious, even if he is right in the
opinions advanced, that our acts are ille-
gal and void. The courts are the tribu-.
nails to decide this issue, and no man.
Governor private citizen, has right
to set the laws at defiance, even if un-
constitutional and void, until so decided
by the proper courts.
This principle is so well understood
that We are not prepared TO imagine that
Governor Reeder is ignorant of it, even
taking his own arguments as an index
of his intelligence; and there must be
wilful and base design to lead the less
informed into the commission of treason
able acts. for which he should be re-
moved.
In conclusion, we charge the Cover
nor, A. H. Reeder, with wifful neglect
of the interests of the Territory, with
endeasoring by all the means in his
power TO subvert the ends aud objects
intended to be accomplished by the
kansas and Nebraska bill - BY neglect
ing the public interests and making them
subservient to private speculation; BY
aiding and encouraging. persons in fac
tious and reasonable opposition to the
wishes of the majority of the citizens of
the Territory, and the laws of the Uni
ted States, in force in said Territory; by
encouraging persons TO violate the laws
of the United States and set at defiance
the commands of the General Govern
ment; by melting persons 20 resist the
laws which may be passed by the present
Legislative Assembly Of this Territory
and, finally. by virtual dissolution of
sll connexion with the present Legislative
Assembly of this Territory.
For these aud many other reasons we
respectfully pray your ExcelIency to re-
move the said A. Fl. Reeder from the
exercise of the functions now held by
him in said Territory; and represent
that continuance of the same viii be
to the best interests of the
said Territory. And as in duty bound,
we win ever pray, dc, &c.
TH0S. JOHNSON, Pres. of Council.
JoHs H SrRIsGFELLow,
Speaker Of the House.