Kansas weekly herald., 1855-01-26


that the win Of the Executive Is above Che voice
Of the people-then, Re would have an Autocrat
in place Of the plain Republican system, where
the will Of majority constitutionaily expressed
is the law. OF all this, however, i am under no
apprehensions, and that the Legislature will be
called together at Fort Leavenworth, do not
entertain doubt, because the law fixes it there
positively and unequivocally- because the
Governor is not inclined to violate the Law, or
involve himself in difficulties with the people
and their representatives.. But it is said that at
Fort Leavenworth, there are no conyeniences for
the Legislature. Grant this for argument. Does
that authorize the law to be violated? Does It
| confer power upon the Executive to move the
seat Of Government2 Il -apprehend no one will
be crazy enough to contend for it. What..then..is
to be done? answer, that the Congress of the
United States appropriated at its last session
twenty-five thousand dollars for the purpose Of
making public buildings for the use of the Ter
ritorial Government, to be used, in the event,
that the Secretary of War should deem il incons
sistent with the military service to allow por-
tion of the public buildings to be occupied for
civil purposes. If it is true, that there are no
public buildings at the Fort, which can be used
by the Legislature as contemplated by the law,
then the contingency has happened which au-
thorizes the Governor to expend the twenty-five
thousand dollars appropriated by Congress, or
such portions of it may be necessary to pro-
vide suitable buildings for the Legislature. The
9th Section of the appropriation Act for the
support of the Army has direct reference to this
nh; ,nJ i,,{
'sSec. 6. find be it further enacted, That in the
event that the Secretary of War shall deem it in
consistent with the interest of the military SER
vice to furnish sufficient portion of the militia
ry buildings at Fort Leavenworth for the use Of
the Territorial Government of Kansas, the sum
of twenty-five thousand dollars shall be, and in
that contingency hereby is, appropriated for the
erection of public buildings for the use of the
Legislature Of the Territory of Kansas, to be ex-
pended under the directions of the Governor of
said TerritOry.o
Thus you have all the law upon the subject of
the location of the seat of Government. 1t con-
tains nothing about its removal from Fort Leav-
enworth. But what is the meaning of the words,
'Eto be expended under the directions of the Gov
ernor of said Territory?" Nothing more ap-
prehend, than that he may if disposed prescribe
the style of Architecture-see that the building
contracts were properly made-receive the bull
dings when completed according to contract,
and pay the money to the workmen; and doubt
less, he can have the buildings placed at any
point on the military reserve of Fort Leaven-
worth--so not to trespass upon the rights of
others. Ipresume the most liberal constructions
ist would not extend the power of the Governor
further than this.
But the history of the appropriation above al
luded to may throw additional light upon the
subject After the passage of the Act to organ
ize the Territory, the Secretary of War inform
ed the Senate of the United States, that all the
public buildings at Fort LeavenWorth were me-
nessary for military purposes, and that none
could be occupied by the Territorial Govern
ment. Upon this information, the Senate attach
ed an amendment to the Army appropriation
law, repeating that part of the Territorial bill
locating the seat of Government at Fort Leaven-
worth, and giving the power to the Governor to
locate it. This amendment was sent to the House
of Representatives for its concurrence. The
House refused to concur. Thereupon commit
tees of conference were appointed to settle the
matter. They met, and upon investigation de-
termined not to move the seat of Government
from Fort Leavenworth. They agreed also, to
appropriate twenty-five thousand dollars for
building Legislative Hall for the use Of the
Territory. The Senate therefore, receded from
its amendment moving the seat of Government,
and passed the appropriation. This to my mind
is conclusive upon the subject, and so far from
giving the Governor power to move the seat of
Government, it is directly and positively to the
reverse. SQUATTERS FRIEND.