The Kansas herald of freedom., 1855-07-28
Qbe Gera 1eoon: 1noepno famp Newspaper Doo mont

ment, temporarily, to the Shawnee Man
IAal Labor School, in the Territory of
kansas
/ At tie place where they were frsteen-
vened, the Legislature could undoubtedly
have fixed the permanent" seat of Gov
ernment, where the appropriations could
be expended, and have adjoarnedat once
% such place; or, if they chose to delay
acting on that measure, they could in the
meantime have adjourned TO the Tempo
rary seat of Government which Congress
had established, but it is impossible for
me to perceive Row they can establish a
temporary seat of Government at a diff
ferent place from that at which Congress
has said it shall be, without such direct
conflict as to render the Legislative act
utterly void.
We find in the organic act many in-
stances ofLegislation which are intended
only to be provisional, and intended TO
last only until the subjects to which they
relate should pass into the hands of the
legislature such as the qualifications OF
Electors times. places and regulations
of Elections: times and placesof Courts ;
defining of districts appointment of Of
ficers, DE. But in each of these cases
the power to change the provisions of the
organic act is especially given, whilst in
regard to the temporary seat of govern
ment it is not given. Indeed, in view of
the fact that Congress has not included
this in the provisional Legislation, that in
speaking of the day and place for all
meetings OF the Legislature after the first,
they give power to the legislature 10 Fix
the day, but not the place that the
only power given to the legislature in
reference to the seat of governments the
power to fix the permanent place, where
the appropriation shall be expended and
the restriction of Legislation to matters
consistent with the organic act All con-
cur to prove that the act of the Terrific
rial Legislature, creating temporary
seat of governm INT, is unauthorized and
void.
Did the legislature possess general
powers, not trameled as they ara by the
restrictions of consistency with the or
ganic act, their power to change the seat
of government at pleasure, could not be
doubted; as it is, il they can contravene
the 3lst section, can see no reason why
they may not equally as well pass laws
in conflict with every other provision
which the bill contains.
1t seems, then, 10 be plain, that the
legislature is now in session, SO far as
the place is concerned, In contravention
of the act of Congress; and where they
have no right to sit, and can make no
valid legislation.
Entertaining these views, | Can give
no sanction to any bill that may te pass
ed and fmy reasons are not satisfactory
to the Legislative Assembly, it follows
that we must act independently OF each
other.
The necessary embarrassment conse
quent upon this difference of opinion
between the Legislative Assembly and the
Executive will be of SD grave character
and so desirable to avoid, ifpossible, that
/ have most earnestly scrutinised the
grounds of my opinions, and sought for
all the arguments against it, with diligent
care and willingness to be convinced /;
but am constrained to say thas re1ec-
ton and examination only serve to riyet
upon my mind more and more strongly
the conviction of Its correctness.
If am right in these opinions, and
our Territory shall derive no fruits from
the meeting of the present Legislative
Assembly, / shall at least have the salts |
faction OF recollecting that | called the
attention of the Assembly to the point
before they removedan and that the respon-
sibility rests not on the Executive.
A. III. REEDER,
Governor, dc.
SHAWNEE METHODIST MISSION,
July 21st, 1855.