Kansas weekly herald., 1855-08-04

Kansas AGS9SGUElEfGs
COY REEDERS VETO MESSAGE.
To the House of Representatives Of the Ter
ritOry Of Kansas:
Ireturn to your House, in which they
originated, the bill entitled san act to pre-
vent the sale of intoxicating liquors and
games of chance within one mile OF the
Shawnee Manual Labor School in the Terri
tory of Kansas" and the bill entitled San
act to establish ferry at the town of Atch-
ison in Kansas Territory" without my ap-
poval. see nothing in the bill themselves
to prevent my sanction of them, and my
reasons for disapproval have been doubtless
anticipated by you as necessarily resulting
from the opinions expressed in my message
of the 9th inst. The question is ofthe pow
ers of the Legislature, and whether the Leg
islature is now in session at place which
can be recognized as seat ofgovernment,
where the business oflegislation can be le-
gally or legitimately carried on.
The creation Of seat of government IN
any case, by a computed authority carries
with it necessary and unavoidable impli-
cation from the meaning and force of the
term that the laws which are to be passed
for the government of the State or Territory
shall be there enacted, and therefore makes
it the clear duty of the Legislature to per-
form their functions at that place.
It can have no other object or purpose,
and we cannot for moment suppose that
the authority which creates a seat OF gov
ernment, contemplated that all the acts and
powers of government might be performed
Iaf
It Itclearly means that the enactment OF laws,
which is the highest and most important
function of government power, should be
exercised at that place and no other.
This proposition is so PLAIN that 1t will
probably not be controverted, and Its cor
rectness seems to be admitted by the>Leg-
islature.
Assembly, in the face of the passage by
them OF an act constituting this the seat OF
government 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 question
could not arise. To It's validity, however,
cannot give my assent, and propose now
to state my reasons for that opinion.
The whole Territorial government is bro't
into existence by the act of Congress passed
Nav the 31st, 1854, and to it we must look
for the limit and extent of the Legislative,
Judicial and Executive powers. The 22d
section provides that the Legislative power
and authority ''of said Territory, shall be
vested in the Governor and Legislative
Assembly," and then proceeds to declare
how the Assembly shall be constituted, and
the first Assembly elected, and at the close
we find the following language: "The per-
sons thus elected shall meet at such place
and on such day as the Governor shall ap-
point, but thereafter the time, place and
manner OF holding all elections by the peo-
pie, and apportioning the representation IN
ell and House of Representatives, accor-
ding to the numbers of qualified voters,
shall be prescribed by law, as well as
the day of the commencement of the reg
ular sessions of the Legislative Assembly"
It will thus be seen that although Con-
gress gives to the Legislature the power to
determine the time when the Assembly
shall thereafter meet, they do not confer
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 themselves.
By the 24th section tits provided ''that
the Legislative power of said Territory
shall extend to all righful subjects of legis-
lation consistent 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 or,the
occupation of buildings not needed for mil
itary purposes.
By the appropriation bill passed August
9TH, 1854, section 6, Congress enacted ''that
in the event that the Secretary of War shall
deem it inconsistent with the interests of
the military service to furnish sufficient
portion of the buildings at Fort Leaven-
woth, for the use of the Territorial Gov
eminent of Kansas, the sum of twenty-five
thousand dollars shall be and in that con-
tingency is hereby appropriated for the
erection of public buildings for the use of
the Legislature of Kansas, to be expended
under the direction of the Governor of said
Territory.
It is worthy of note here, although not
precisely legal argument upon the con-
struction of these acts, that within a few
days before the passage of the last recited
act, Congress refused to make this appro-
priation coupled with clause repeating the
action which fixed the temporary seat of
Government at Fort Leavenworth. It is
enough however, to know that they did not