Kansas weekly herald., 1855-02-02
For the Kansns Herald.

NIX. EDIToR:-lOegt 10 resume the argument
commenced in your last issue upon the subject
of the seat of Government. Not because in my
Judgment, it is even probable, the Governor will
call the Legislature to assemble elsewhere than
at Fort Leavenworth. But there are others who
seem to be regardless OF the convenience of the
people, and are elamorous to have it located at
some remote town site where there are no i'm
provements and but few settlers in the country
they being proprietors Of the town and have a
and should comply with their wishes, it ought
not, and would not remain longer than the first
session of the General Assembly.
The organic law Of this Territory places all
power in the hands of the people not inconsist-
ent with the constitution Of the United States.
Every citizen is deeply interested in locating
the Capitol at the most cce'sible point They
will, in my judgment, require it to continue
where it is, regardless Of private interest, look
ing alone to the justice and convenience of the
thing. Congress adjudged Fort Leayenworth
the most suitable point, and declared therefore,
in the 31st section of the bill for the organiza-
ton Of the Territory ssthat the seat of Govern
ment Of said Territory is hereby located, tempo
rarily at Fort Leavenworth.'' This language is
unambiguous, and does not admit of a doub. as to
its true meaning. Where the idea originated,
that the law did not locate the seat Of Govern
mennt, and that the Governor had that power is
difficult to determine. It must be sought pre-
sumo in a change of the old maxim, that s'priyate
interest must yield to the public good,' as it is
difficult for any OF US to comprehend the neces-
sity of our interest yielding to the public good.
The law however is as it should be, and doubt
less the most accessible point in the Territory
for the great body of the people is Fort Leaven-
worth, or its Immediate vicinity, and must con-
tinue so for fifty years, and perhaps for ever.
need only appeal to the experienced men of the
country, who understand all its capacities-its
topography-its climate and soil, and its advan-
tages and disadvantages for a verifcation of the
statement. The resources Of the Territory are
not developed and many years will elapsc before
they are. It is the duty Of prudent people
therefore, before inrercupting the law, to await
until their energy and industry presents differ
ent state Of things than now exists. How is it
possible for those who have but recently come
to the country, and have had tine to ascend but
few OF its elevated points, and examine at dis
tance its many beautiful platforms, to say where
the Capitol should be located. The assumption
of such intuitive knowledge is extremely ridic-
ulous, and the absence of experience and correct
most palpable. But those are the
persons urging upon his Excellency the assamp
ton Of power unauthorized by law, and incon-
sistent with the convenience and interest of the
people. But they are doomed to disappointment,
6 -;,H -
er the seat of Government is already loca ted By
the organic law. E am mistaken in this how
ever, and the law is so vague and uncertain as 20
create two opinions, the intention OF Congress
in my Judgment is so clear, that any conflict of
opinion must be short lived between those seek
ing correct information.
The act of Congress authorizing this country
to be placed under Territorial Government was
approved by the President of the United States,
May Both 1854, by which the seat of Govern
Inen5 was placed at Fort Leavenwo-th. The
Army appropriation law was approved 9TH Au-
gust 1854, more than two months afterwards
Before its approval however an effort was made
to repeal that section of the bill approved goth
May 1854 locating the seat of Government, and
placing it in the hands OF The Governor, but
Congress refused to do so. Thus the intention
Of Congress was unequivocaily manifested
The Territories of Nebraska and Kansas were
under the authority Of the same act
of Congress. The first part Of which applied to
the organization of Nebraska, and placed the
power in the hands Of the Executive to locate the
seat of Government temporarily, part (which
is as follows: E'Be it further enatted, That the
Legislative assembly Of the Territory ofNebraska
shall hold lis first session, at such time ard place
in said Territory as the Governor thereof shall
appoint and direct" Had it been the intention
Of Congress to place the same power in the
hands of the Executive OF this Territory, it would
have been manifested unequivocally. Instead of
that, they declare ssThat the seat of Government
of said Territory is hereby located temporarily
at Fort Leavenworth." Will the most skeptic-
al demand clearer demonstration of the intention
Of Congress? Not only does the law locate, the
seat OF Government, but it directs positively,
that the money appropriated for thu erection of
public buildings shall be expended at the seat of
Government. The 33d section Of the law has
to this subject, and is in there words
viz S.fnd be it further enacted, Thatthere shall
hereafter be appropriated, as has been custom
ary for the Territorial Governments. sufficient
amount, to be expended under the direction Of
the said Governor Of the Territory of Kansas,
not exceeding the sum heretofore appropriated
for similar objects, for the erection of suitable
public buildings at the seat Of government, and
for the purchase of library, to be kept at the
seat of government for the use of the Governor,
Legislative Assembly, Judges of the Supreme
Court, Secretary, Marshal, and Attorney of said
Territory, and such other persons, under such
regulations, as shall be prescribed BY Iaw."-
This is such clear demonstration not only of the
intention OF Congress, but the law ITSELF that it
is beyond my comprehension how it could have