Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-08-02


an act constituting this the seat of govern |
ment before they would remove here from
the place at which they were convened
Were that act valid and within the powers
of the Territorial Legislature, the question
could not arise. To its validity, however, |
cannot give my assent, and propose now to
state my reasons for that opinion.
The whole Territorial governments brought
into existence by the act of Congress, passed
May 81 1854, and to it we must look for the
limit and extent of the Legislative, Judicial
and Executive powers. The ODD section
provides that the legislative power and au-
thority "of said Territory shall be vested in
the Governor and a Legislative sssmbly,"
and then proceeds to declare how the Assem-
oily shall be constituted, and the first Assem-
bly elected; and at the close we find the fol-
lowing language: "The persons thus elected
shall meet at such place and on such day as
the Governor shall appoint; but hereafter the
time, place and manner of holding and con-
Quoting all elections by the people, and APP
portioning the representation in the several
counties or districts to the Council and House
of Representatives according to the number
of qualified voters shall be prescribed by law,
as well as the day of the commencement of
tho regular sessions of the Legislative AS
sembly."
1t will thus be seen, that although Con-
gress gives to the Legislature the power to
J determine the time when the Assembly shall
. thereafter meet, they do not confer power to
fix the place. We will see, on further ex-
animation, the reason for this, and that Con-
gress choose to retain and exercise this power
themselves.
By the Goth section it provides, "That the
legislative power of said Territory shall ex-
tend to all rightful subjects of legislation con-
sistent with the Constitution of the United
States and the provisions of this act"
| By the 31st section it is provided, "That
the seat of government of said Territory is
hereby located temporarily at Fort Leaven-
WORTH and further provision is made for the
occupation of buildings not needed for mill
tary purposes.
BY the appropriation bill passed August 5,
1851, section 4, Congress enacted-That in
the event that the Secretary Of War should
deem it inconsistent with the interests of the
military service to furnish sufficient portion
of the military buildings at Fort Leaven-
worth for the use of the Territorial Govern
ment of Kansas, the sum of S25, 900 shall be,
and in that contingency, is hereby appropria-
ted for the erection of public buildings for the
use of the Legislature of the Territory of
Kansas to be expended under the direction
of the Governor of said Territory.
1t is worthy ofnote here, although not pre-
cisely legal argument upon the construction
of these acts, that within few days before
the passage of the last recited act, Congress
refused to make the appropriation, coupled
with clause repeating the section which
fixed the temporary seat of government at
Fort Leavenworth. 1t is enough, however, to
know that they did not repeal it. The APP
preparation was made, leaving that section in
full force.
On the Sd day of March, 1855, Congress
made further appropriation of $4,000 for
public buildings, with the proviso that said
money or any part thereof, or any portion of
the money HERETOFORE appropriated for this pur-
pose, shall not be expended until the Legis-
lature of said Territory shall have fixed by
law, the permanent seat of Government.
The last enactment conclusively establishes
two points. First, that the Legislature have
the power to fix the permanent seat of gov
eminent as contradistinguished from tempo
rary one; and, second, that no part of the APP
} preparation is to be expended at the Temporary
seat of Government which Congress persisted
ON keeping at Fort Leavenworth.
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 thcmselve.
, fixed a temporary seat of Government a
which the Legislature could meet, in cas-,
they should leave the first place of meeting
or in case second Legislature should conven,
before the permanentseato of Government wa.
e fixed. And the Legislature were authorized
to fix permanent seat of Government wher,
: the appropriations were to be expended.
d This latter power they may at any tim,
exercise, but the two former they clearly can
not, unless they have power to repeal anC
overrule an act of Congress. I'm
: The only authority under which the Legs
j lative Assembly are sitting at the Shawne
: Manual Labor School, is an act of their own
:, passed on the sixth inst, at the place wher
they were convened by the Executive, en-
{. titled, can Act to remove the seat of Govern
: ment temporarily at the Shawnee Manua
e Labor School in the Territory of Kansas"
At the place where they were first con
j. vened, the Legislature could undoubtedly
: have fixed the permanent seat of Government
. where the appropriation could have been ex
pended, and adjourned at once to such place
# or if they choose to delay acting upon tina
: measure they could in the meantime hav
adjourned to the temporary seat of Govern
: ment which Congress had established, but
/ is impossible for one to perceive how the
Il can establish temporary seat of Government
: at different place from that at which Con
| hoo oh l. Al
conflict as to render the Legislature actuall
e void
: We find in the organic act many instance
of legislation which were intended only to b
@ PROVISIONAL; and intended to last only unit
the subject to which they relate, should pas
with the hands of the Legislature a
the qualifications of electors-times and place
II Of courts-iefining Of districts-appointme
d OF officers, &c, but in each of these cases tn
v power to change the provisions of the or
q ganlc act, is expressly given, whilst in regar,
to the temporary seat of government it is no
:, given.
e lndeed, in view Of the fact, that Congress
D, has not included this on the provisional iegis
r lation-that in speaking of the day and plac,
for all meetings of the Legislature after tn,
first, they give power to the Legislature to Fl,
the day but not the place-that the onl,
9 power given to the Legislature in reference t.
n the seat of government is the power to fix
= the permanent place where the appropriation
A shall be expended, and the restriction of leg.
islation to matters CONSTANT with the organic
+" act, all concur to prove that the act of the
territorial Legislature, creating temporary
q seat of government is unauthorized and void
o Did the Legislature possess general powers
and not trammeled as they are by the re-
: striction of consistency with the organic act,
; their power to change the seat of government
at pleasure could not be doubted. As it is,