Kansas weekly herald., 1855-08-04

ty-five thousand dollars for public buildings
with the proyiso, "That said money, or any
part thereof, or any portion of the money
heretofore appropriated for this purpose,
shall not be expended until the Legislature
of said Territory shall have fixed by law
the permanent seat of Government"
This last enactment conclusively estab-
fishes two points.
First, that the Legislature have the pow
er to fix the permanent seat Of Govern
ment as contra distinguished from a tempo
rary one, and second that no part of the
appropriation is to be expended at the
temporary seat of Government which Con-
gress persisted on keeping at Fort Leav-
enworth.
Thus stood the Legislation of Congress
when the Legislative assembly was con-
vened. The Executive was vested with
power to designate the place where they
should first meet. Congress had themselves
which the Legislature could meet in ease
they should leave the first place of mee-
ting or in case a second Legislature should
convene before the.permanent seat of Gov
eminent was fixed, and the Legislature
were authorized to fix permanent seat of
Government where the appropriations were
to be expended.
This latter power they may at any time
exercise but the true power they clearly
cannot, unless they have power to repeal
and override an act of Congress.
The only authority under which the Leg
islative assembly are now setting at the
Shawnee Manual Labor School is an act of
their own, passed on the sixth instant at the
place where they were convened by the
Executive entitled 'san act to remove the
seat of Government temporarily to the
Shawnee Manual Labor School In the Ter
ritory of Kansas.
At the place where they were first con-
vened the Legislature could undoubtedly
have fixed the permanent seat of Gov
eminent where the appropriation could have
been expended, and have ad ieurned at once
to such place; or if they chose to delay ac-
ting before that measure they could in the
meantime have adjourned to the temporary
seat of Government which Congress had
established, but it is impossible for me tc
perceive how they can establish Temporal
ry seat of Government at a different place
from that which Congress had said it should
be, without such direct conflict as to rem
der the Legislative act utterly void.
We find on the original act many instan-
ly to be provisional and intended to last only
until the subjects to which they related
should pass into The hands ofthe Legislature
such as the qualifications of elections
times and places of courts-defning of dis
tricts- s-appointmen of officers, &C.; bnt IL
each of these cases the power to change the
provisions of the organic act is especially
given, whilst in rega1d to the temporary
seat of Government it is not given.
Indeed in view of the fact the Congress
has not included this in the provisional
Legislature-that in speaking of the day
and place for all meetings of the Legisla-
| ture after the first they give power to the
Legislature in reference to the seat of Gov
eminent, is the power to fix the permanent
place where the appropriation shall be ex-
pended and the restriction of Legislation to
matters consistent With the organic act, all
concur TO prove that the act of the Legisla-
ture creating temporary seat of Govern
ment is unauthorized and void.
Did the Legislature possess general
powers not trammelled as they are by the
restriction of consistency with the organic
act, their power to change the seat of Gov
eminent at pleasure could not be doubted
| As it is if they can contravene the 31si
section, see no reason why they may
not equally as well pass laws in conflict
with any other provisions which the Bill
contains.
1t seems to be plain that the Legislature
are now in session so far as the place is
conceived in construction of the act of Con.
gress, and where they have no right to si
and can make no valid legislation. En-.
tertaining these views, I can give no sane.
ton to any bill that may be passed; and il
my reasons are not satisfactory to the Leg.
islative Assembly, it follows that we must
act independent of each other.
The necessary embarrassment conse-
quent upon this difference of opinion be.
tween the Legislative Assembly and the
Executive will be of so grave character
and so desirable to avoid if possible, that
have most earnestly scrutinised the grounds
of nv opinion and sought for all the argu.
ments against it with deligeht care and a
willingness to be convinced, but am con.
strained to say that the reflection and ex.
animation only serve to riyet upon my MIND
more and more strongly the conviction o.
its correctness.
If am right in these opinions, and oul
Territory shall derive no fruits from the
meeting of the pressnt Legislative Assem-
bly, shall at least have the satisfaction o
recollecting that called the attention of the
Assembly to the point before they removed
and that the responsibility therefore rests
not On the Executive.
A. H REEDER.
| SHAwNEE METH. MISSION, July 81
/ 1855.