The Kansas herald of freedom., 1855-07-28
Gov. Reeder's Second Veto Messag

chance, within oae mil4 of the Shawne
Manual Labor School, in the Territorl
of Kansas" and the bill entitled, '.an ac
to establish a ferry at the town OF Atchi
son, in Kansas Territory" without m.
: approval. l see nothing in the bill
themselves to prevent my sanction o
them, and my reasons for disappreya
have been doubtless anticipated by You
), as necessarily resulting from the opinion
expressed in my message of the SIKH
| instant.
The question is of the powers of tn,
Legislature, and whether the Legislatur
is now in session at place which can b.
recognized as scatof government, wheF
the business of legislation can be legal,
or legitima.ely carried on. The creation
of a seat of government. in any case, b,
competent authority, carries with it
necessary and unavoidable implication
from the meaning and force of the term
that the laws winch are to be passed fo
the government of the State or Territory
shall be there enacted; and t!Ierefore
makes it the clear duty of the Legislature
to perform their functions at that place
1t can have no other object or purpose
and we cannot for moment suppose thai
the authority which creates a seat of gov,
ernment, contemplated that all the acts
and powers of government sht be per-
formed and exercised as we'll at any other
place. 1t clearly means that the enact
ment of laws, which is the highest and
most important fuactioa of governmental
powers, should be exercised at that place,
and no other.
| This proposition is so plain, that it will
probably not be controverted, and It's cor
treelhess seems to be admitted by the
Legislative Assembly, in the fact of the
passage by them Of an act constituting
this the seat of government, before they
would remove here from the place al
which they were convened. Were that
act yalnl and within the power. of the
Territorial Legislature, thequestien could
not arise. To its validity, however, ]
cannot give my assent, and l propose
now to state my reasons for that opinion.
The whole territorial government is
brought into existence bv the act of Con-
gress passed May 81, 1854, and to it we
must look for the limit and extent of the
Legislative, judicial and executive powers.
Tne ED section provides, "that the leg
islasive power and authority Of said Ter
ritory shall be vested in the Governor and
Legislative Assembly, and then pro-
eeeds to declare how the Assembly shall
be constituted, and the first Assembly
elected; and at the close We find the fol-
lowing language: "the persons thus elect
ed shall meet at such place and on such
day as the Governor shall appoint, but
thereafter, the time, place and manner of
holding and conducting all elections by
the people, and apportloning the repre-
tricts to the Council and House of Rep
resentasives according to the number of
qualified voters, shall be prescribed by
law, as well as the day of the commence
ment of the regular sessions of the Leg
islative Assembly.
1t will be observed here, thatalthough
Congress gives to the Legislature the
power TO determine the time when the
Assembly shall thereafter meet, they do
not confer the power to fix the place
We will see on further examination the
reason for this, and that Congress chose
To retain and exercise this power them
selves.
By the 24.h section it is provided.
''that the Legislative power of said Ter
ritory shall extend to all rightful subjects
of legislation, consistent with the Consti
tuition of the United States, and the pro-
visions of this act
By the 3lst section it is provided "that
the seat of government of said Territory
is hereby located temporarily at Fort
Leavenworth," and further provision is
then made forthe occupation of buildings
not needed for military purposes.
By the appropriation bill passed Au-
gust 5, 1854, See. c., Congress enacted
THAT in the event that the Secretary of
War shall deem it Inconsistent with the
interests of the military service to furnish
a sufficient portion of the military build
ings at Fort Leavenworth for the use OF
the territorial government of Kansas, the
sum of S25, 600 shall be, and in that con-
tingeney, is hereby appropriated Tor the
erection of public buildings for the use
of the Legislature of the Territory OF
Kansas, to be expended under the dlrec-
tion of the Governor OF said Territory.
1t is worthy of note here, although h not
precisely legal argument upon the con
struction of these acts, that within lew
days before the passage of the last reclted
act, Congress refused to make this ap-
preparation, coupled with a clause repeal
ing the section, which fixed the tempo
rary seat of govern nent at Fort Leaven-
worth. 1t is enough, however, to know
that they did not repeal it. The appro-
priation was made, leaving that section In
full force
On the third of March, 1855, Con-
gress made a further appropriation of
Ss5,0oO for public buildings, with the
proYiso "that said money, or any part
thereof, or any portion of the money here
tofore appropriated for thispurpose, shall
not be expended until the Legislature of
said Territory shall have fixed by law
the permanent seat of government
This lastenaetment cencluSively estab-
fishes two points. First, that the Legis-
lature have the power to fix permanent
seat of Government, as contradistln-
guished from temporary one; and,
second, that no part of the appropriation
is to be expended at the temporary seat
of Government, which Congress persis-
ted in keeping at Fort Leavenworth.
Thus stood the Legislation of Con-
gress. When the Legislative Assembly
vas convened, the Executive was vested
with power to designate the place where
they should first meet. Congress had,
themselves, fixed temporary seat of
of government, at which the Legislature
could meet, IN case they should leave the
first place of meeting; or in ease a Sec
an1 el,,,l1 -