The Kansas herald of freedom., 1855-07-14

body from Pawnee TO the Shawnee Meth
odist Mission. Gov. REEpER vetoed fht
bill; nevertheless it was passed over BIZ
veto, with but one dissenting vote in the
House and two in the Council. So tha
body win meet at the place to which i
stands adjourned on Monday next, The
bill establishing the temporary seat O
government. is clearly inconsistent with
the spirit as well as language of the or
ganic act. We make the following ex.
tract from the bill. Read it, andthet
read the Message carefully; after which
no one can hesitate in declaring the body
which viii convene at the Shawnee Mis-.
sion as anything else than the Legislative
Assembly of Kansas. Their acts will be
void in law and in fact, and viii be 50
treated by all parties. We may perhaps
infer from the tenor of the Message
that the Governor occupies the same po-
sition. But to the section to which we
referred, and then the Message:
SEC. 81. And be it further enacted
That the seat of government of said Ter
ritory is hereby located temporarily al
Ft. LeayenworIh and that such portions
of the public buildings as may not be
actually used and needed for military
purposes may be occupied and used uil-
der the direction of the Governor an
Legislative Assembly, for such public
purposes as may be required under the
provisions of this act.
To the House of Representatives OF
the Territory of Kansas.
Ireturn to your House. in which ii
originated, the bill entitled '.An act to
remove the seat of government Temporal
rily to the Shawnee Manual Labor School,
in the Territory of Kansas." with my objec-
tons. l cannot give the bill my official
sanction for several reasons. 1t provides
That until the seat of governments leca-
''tedby law. the Goyernorand Sc; ;retary OF
Stately which is doubtless meant the
Secretary of the Territory-shall re-
ESP ectively keep their officesat the Shaw
-.snee Manual Labor School"
This provision seems to me peculiarly
Objectionable. The Legislature and Ex-
ecutive Departments here, as elsewhere,
are entirely independ INT of each other, in
the performance of their respective du-
ties, within their separate spheres, and
must each be left to the discharge OF
their own proper functions, independent
of the control of the other in any way
that would interfere with the exercise of
that discretion which properly confded
to them. Under our organic law there
is even yet another consideration bearing
upon this well known doctrine which
forces itself upon our attention. The
Executive Department is an emanation
of the power of the Federal Govern
ment,-represents the authority of that
Government-andt the incumbent APP
ointed by it.
His duties are defined by Congress, who
may at any time restrict or enlarge them,
and prescribe the mode in which they
shall be performed and to the federal
government alone, from which his power
is derived, and by which his movements
are directed, is he responsible for the
manner in which his official functions
are performed. This controlling power
over the Territorial executive can neither
be taken away from Congress by the
Territorial Legislature; nor can. it be ex-
ercised by the latter concurrently with
the former, because this would involve
the possibility of an irreconcilable con-
fiict between the two. The control ol
the executive is not parted with by Con.
gress under the cath section of the or
ganic law; because, as already shown,
such control by others would be incon-
sistent with. the spirit of the act. The
general government have legislated il
various portions of the act, as to the gen.
eral duties of the Executive and, in
reference to the particular point now in'
volved, have gone as far as they then
deemed expedient, by providing that the
Governor and the Secretary shall reside
in the Territory. They may at any
time, go further, and provide in what
portion of the Territory these officers
shall remain but we must await their
action in the matter, as that of the only
power which can prescribe it. So long
as they see properlo leave to the incum-
bent of the executive department. the
privilege of locating his Office anywhere
within the Territory, that privilege can
not be taken away by the Territorial Le-
gislature.
When the actual seat of government
is fixed by competent authority, it would
certainly become the duty of the Execu-
tive 10 locate his Office there and this
brings us to the inquiry whether the bill,
which | now return, is within the right
full powersof the Legislature, as conferred
by Congress. 1t processes to locate the
seat of government temporarily, as con-
tradistinguished from a permanent loca-
ton. This distinction is well founded
and well understood, and is recognized
as well in the organic act as in the act OF
Congress of March Sd, 1855, and fem
Pordry seat of government is recognized
as one upon which none of the public
money, appropriated by Congress, shall
be expended ia the erection OF buildings.
By the organic law, the Governor was
vested with the power to tx the place for
the meeting of the first Legislative AS.
sembly. BY the same law, Congress
themselves fixed the temporary seat of
governments, and by the act Of March
81, 1855, they conferred upon the Leg
isiature the right to fix the permanent
seat of government. The power of le
Legislature is thus clearly defined. Con-
gress has chosen to con6de one branch
of this subject to the Governor, to retain
another for themselves, aud TO commit
the third to the Legislature. The tenn
-porary seat of government may or may
not be used and this will depend upon
whether the Legislature shall leave the
place fixed for their meeting by the Gov
ernor before they shall fix upon a perma-