The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-19

F section thirty-one of the act Of Congress pEganiLng
The Territories Of Kansas and Nebraska Is enacted
located temporarily Fort Lssyenwortb and that saeh
poltops 81 public buildings may not be actually ased
under die direction the governor and legislative assembly
fo such public purposes may be required under the pro
ysous OF this act.
By section twenty-five of the act il Is enacted,
among other things
And the persons thus elected 10 the legislative assembly
shalt meet at such place and on such days " e goeh
These two clauses contain that is said in the organic
with regard the location u the seat OF govern
believe sir that II Is conceded by those yoring the
resolution under consideration that in the sections read Is
10 found what they term the prohbitory clause or the
ause which orbds the Legislature 10 assemble and pass
laws AT any other place than that mentioned There seems
10 LIE some conflict between the sections OF the organic
acone declaring that the seat OF government shall be
ncatd Temporarily at Fort Leayenworth and the other
declaring that the first Legislature shall meet at such place
and on such days the governor shall appoint How
ever this may be- the governor, Mr. Reeder,l OF ms own
discetion convened the Legislature at Pawnee CITY Inc
organization OF the legislature then took place 10 aue
fora. The governor was duly informed o. .e organl
lion Of the houses and the governor in his turn sent
in hsmessage aud the general business OF legsaon ma
entered upon by the coordinate branches was ai,e
and actuaied by sense Of public duty arising under the
peculiar exgences of the determined to remove ei
place Of sitting 70 another AND more Rasder and ,boa
who support his claims contend that the acts passed Y
that legislative body null and void and therefore tor
IA ibis reason, beeA W set uoAoo Wig v
Il Was from Pawnee City to the Shawnee Mission that
the assembly removed They there located Inc seat Of
ernnent temporarily and the question is had they this
power did they violate any thus rendering all their
acts at that place null and void 1t seems to me- sir that
there Is nothing in the organic act with which their course
was inconsistent; and there is nothing reasonable
or Just than that all legislative assemblies should possess
the power of removal when circumstances make
nv 1t is unreasonable to suppose that Congress INTENDED
10 do that by implication which it did not do by positive
prohibition No pretends to doubt but that the as
semblv Ind The power locate the seat OF government
e,anently The opinion of Chief Justice Lecompte 10 so
able and 80 clear that deem 1t unnecessary to say more
He says; ... l...
The plain conclusion from this view Of the act (allud
ing TO ACT 1876 chapter 1877 that Congress- entertaining
no doubt Of The rights the legislative assembly TO locate
permanently the seat government, thus expounds Its own
Of previous enactmena q pari maeria
the ether inevitable inference follows that the rof
the same body" .449M sra#
He goes on to say: as a.sl NJ .a- #,*.se-..
'.For support of the concluding inference the well,
known rule law that the greater embraces the Less will
be recognised as both applicable and sufficient"
The arguments embraced in this opinion to
reason necessity which exists that every legislative
body should possess such power suppose sir that has
hardly been denied before The history of every legis
latye body is full OF precedents, manypf which have
already been alluded to by other gentlemen There is
scarcely State legislature but from which precedents
he gathered The republic of Texas one which believe
has not been mentioned. II am not mistaken, sir, that
brave and noble people, during her struggle for independ
against naughty and imperous foe were forced on
ment win any honorable gentleman assert that neither
the approach hostile army the existence of pest-
ence and disease would Justify this Congress in removing
10 place for the purpose of legisang for the
country presume not cir Indeed the whole question
is expedency and ought not to be seriously urged
here or elsewhere But presume, sir that Gov Reeder,
and those who approve of his course do not themselves
gard this valid objection TO the claims of the sitting
delegate and even if they do is no argunen why the
resolution the committee should be adopted nasmuch
the does require the unheardof and impraet
cable mode of arriving at the facts necessary to full in
vestgation. B.a..aGgsaa tsg #s-at"E tF - 81 f.
But there is another question involved this
versy about which desire TO say few words. 1t has
been arguedand, think with great reason-that Gov
Reeder esopped from denying the legality OF the
territorial legislature because by the organic act he him
self made the sole and anal judge Of The election
and qualifications of the members of the legislature
(uuess legislature ITSELF by Of its inherent power
legislature had the right also TO judge As in courts
Of law ia matters Of this kind there must be some final
tribunal for deciding questions OF this character. Gov
Reedpr acting in the double capacity Of agent
for the nited States and also for the Terri
tory Kansas BY reference section % of the act
gaining the Territory, will be that the governor
was invested with full powers to prevent frauds The
act says: . ##s" -#.
Previous to the election the governor shall oase GEN.
enumeration of the inhabitants and qualified
counties and districts Of the Territory TO be taken
desgnae and appoint and the persons 50 appointed shall
receive reasonable compensation therefor and the first
dnosd in such manner both as to the persons who .h.
perinend such election and the thereof gov
ba appoint and direct and he shall at the time
declare se number Of members the council and house
hich
be entitled under this act. The having the highest
number Of legal votes in each Of said council districts
members of the council shall be declared by the
be duly elected 10 the councils and tho having
highest number oega for the house OF
shah be declared BY the be duly elected members
OF said house." &C.
Now, sir, submit TO you and submit To this House II
here is clear Of delegated authority of final
thory from which appeal Is provided by the In
remarks which made by the distinguished
tlemsn FROM pennsylvania Mr. JOINS at early day In
the session. remember thai he said that all power which
Congress possessed the Territory had been given
the people Of the Territory Now here sir in the wording
of this act il Il plainly provided elections be held
and who IL 10 be tho Judge the sole jndge Of the legality
of te election and OF the qualifications and election
Of nembers7 The President Of the United States
Not 90, sir. This Housed No. sir. Then who but the
governor TO dge2 lie IL made by virtue OF the the
sole and final judge How did he perform these duties
With these large discretionary powers be in
execution OF his duties Of the Territory reoog.
missing the legislaurc he issued certificates Of election
70 some and be set aside Then cir contend that
he estopped and not only be esopped but
else is estopped from setting up The leqay of that
semby at least in this House. for reserved right
decide that question In the organic act Gov Reeder
made the Judge of that matter. He went In the
discharge 81 his duties he commissioned the members Of
the legislature and sir II is this who comes here and
asserts IN the presence OF this Congress that the legss-
his offend aotsiscitly admitting that he in the
or too ignorant to discharge them properly
say that esiopped and that body else estop-
ped from setting the egsliy Of the elections OF members
If fhp In Ha