The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-31
Kansas Legislature.
SHAWNEE MISSION, X. T.. July FL, 1856.
GOVERNOR RBEDER's vErOBs.

Kansas Legislature.
SHAWNEE MISSION, X. T.. July FL, 1855.
GovxRNOR RBEDER's vETOHs.
- Legislature convened ct 2 p. N. The FOL.
lowing message to the House fron tho Governor,
was read--
10 the House of Representatives of the Terri rv of Kansn,
reurn to your House, in which they originated the
bill entitled an act TO prevent the sale OF intoxcsng
liquors and games of chance within one mile Of the
shawnee Manual Labor School. in the Territory Of
at the town Of Atchinon in Kansas Territory without
my approval nothing in the bills them selves to
provsl have been doubtless anti ,pated by you as rs
cessarily resulting from the opinions expressed In my
The question: Of the powers Of the Legislature and
whether the sgslature IS in session ct place
cognized ~ sest OF goyernmspt where the Of
legislation can be legally or legitimatey carried on
The creation o. seat OF government, in any case by
competent auth rity, carries with necessary and
unavoidable implication from the meaning and force of
the that the laws which 10 be passed for the
government of the State or Territory shall be there
enacted and therefore makes 1t the duty of the
Legislature to perform their functions at that place
II can have no other object or purpose, and we
creates seat CT couts that all the
acts snd powers Of government might be perfof med
and exercised as well at any other place. 1t clearly
anc most important function Of COVER nmental powr
should be exercised At that place, and no other.
THIS proposition 10 so plain that 1t viii probably not
be controverted and it's admit
ted by the Legislative Assembly in the OF the pas
government before they would remove here from the
piece at which they were convened. Were that act
valid and within the powers OF the Territorial Legisa
ure the question could arise. To its validity how
ever, cannot give my assent, and propose now to
state my reasons iof tsat opinion
The WI ole Territorial is brought iato
stance by the act OF Congress passed May 81 1854 and
10 it We must look for the limit and extent Of the lsgs
lative judicial and executive The ed section
provides that the legislative power and authority of
said Territory sh al be vested In the Governor and Lsg
lave Assembly, and then proceeds to declare how the
ely elected and at the close we find the following Ian
he persons thus elected shall meet at such place and
such day as the Governor shall appoint; but here
after the time, place aad manner of holding and con-
ducth0g all elections by the people, aud app0rtionng
the in the several counties districts
to the Council and House OF Representative according
to the number Of qualified voters shall be BY
law, we'll as the Day OF the commencement of the
regular sessions Of the Legislative Assembly"
the Iesis,ature The bower to aessmns ths time whsu
the Assembly shall thereafter meet thsy do not confer
power to fix the place We will see on further etami
nation the for this and that Congress- choose
to retsn and exercise this power them selves.
By the se,h sscto" it provides. That the legislative
power Of said Territory shall extend to all rghuul sub
ects of legislation consistent WITH the constitution Of
the United Sta.es and The provisions Of this act"
By the 3lst rection provided "That the scat OF
government of said Territory is hereby located tenn po
rarily at Fort Leavenworsh. and further provision is
made for the occupat of buildings not needed for mill
BY the appropriation bin passed August S, 1851 sec
ton 8, Congress- enaced-Th0 in tins event that the
interests of the military service to furnish sufficient
OF the military buildings at Fort Lsav.nworth
for TIE OF tho Territorial government Of Kansas,
the of $2b shall be, aud in that coatn zency,
is hereby, appropriated for hs ersction Of public bnid
pgs for the o. tue legislature of the Territory Of
Kansas TO be expended the direction of the c..
vernon Of said Territory
1t ia worthy of note here although rot precisely
legal argument the construction Of these that
within few dsys before the passage Of the last rscited
set, Congress refused to make the appropriation
ped with clapss rpssng tbs section which axed the
temporary seat Of government at Fort 1t
is enough, however know that they did not repeal It,
The appropriation was made leaving that section In full
On the Sd Gay OF March, 1858. Congress made fur
Their appropriation Of TOR pnblc buildings, with
The provso that ead money, any part thereof any
portion Of the money heretofore appropriated for this
purpose shall not be expended upt tbs Legislature Of
sNc Territory shall have fixed BY law the permanent
seat OF government.
This last enactment corclusively establishes two
points: First that the Legislature havs the 70
fx the p.rmans Mt seat Of government coo,radistn
gnisheu from one; and second that no part
of the appropriation 10 be expended ut the temporary
scat of government which Congress persisted keep
| ing at Fort Lsvenworth
Thus stood the legislation OF Congress- when the egs
,atve Assembly was convened. The executive was
vested with power to designate the place where they
porary Of government ct which the Legislature
ceu meet in case they should leave the first place OF
meeting or in second Legislature should convene
before tie permanent saat OF fxed; aud
the Iegalature authorized to Ok psrm>pen. seat
OF government where the appropriations 70 be
pended.
This latter power they msy at any time exercse but
the two former they clearly CANNOT unless they have
pow TO repeal and OVERRIDE &C. OF Congress.
TIE only authority under which the Legislative As
semtly sitting at the Shawnes Manual Labor school,
place where they wers Convened BY tho executive emit
tied can act to remove the seat OF government tempo
rary to the Shawnee Manual labor School in the Terri
At the place where they first convened. the Le-
sisaturs could undoubtedly have fixed the
seat govern where the appropriation coui have
been expenc ed and adjourned h place;
if they chose to delay acting upon that measure they
seat CT government which Congress had established;
but it is impossible for one to perceive how they
place from that a. which Congress- mas said it should
be- without such conflict as to nder the Legislature
actually void.
We end organic act many instances of legisla
zion which we're intended only to be provisional and
intended TO last only until the subject to which they
late shc ud pass With the hSnds OF the the
such the quail 4catons OF electors-times and places
Of 'sdedning of appointment Of officers,
&C. but in each OF these to the provi
sons Of the Organic act ia expressly pivsn, whilst in
regard to the temporary seat Of government is not
Indeed in view OF the fact that Congress has not in.
cuded this the provisional esisAtionthstu speak
irg of the day and place tor ali mestnss OF the Less
ture after the rst they give power to ths Legislature
to fl the day out ro, the placshat the only power
given to the Legislature in reference TO the seat Of
government IL the power TO fix the permanent place
WI the appropriation shsll be expended and tho
restriction OF legislation to matters consistent with the
Territorial legislature creating temporary seat Of
| government, IL un authorised and void.
Did the Legislature possess general powers and not
;rammeed they the restriction Of consistency
with the organic act power to change the seat Of
at pleasure could not he doubted As 1t is,
If they the 3lst section,
why they may equally well pass laws in conflict
| with any other provision which the bill contains
1t seems to be plain that the Legislature are now in
seon so far the place is concerned in contravsn
ton Of the act Of Congress- aud where they have
| right TO SIT and make valid legislation Eater
tanning these views, give sanction TO any bill
that may be passed and my reasons are not satstac
| tory to the Legislative Assembly, 1t follows that We
| must act indie pendent Of each other.
The necessary embarrassment consequent upon this
difference Of opinion between the Legislative Assembly
and the Executive will be OF grave character and
desirable to avoid II possible that have MOTT ear
| nestly scrutin'zed the grounds Of my opinion and
sought for ell the arguments against IL with diigeut
| care and willingness to be convinced, but
strained to say that reAe, ton and examination only
| TO rivet upon my mind more and more strongly
| the conviction OF its correctness.
i II nm yipht in these opnious and our TSrritOry