The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-06

there in several protests against the legal
ity Of certain elections but they assigned only BY
enc two electors not verified by Affidavit and did
not claim to conform 10 the acquisitions Of the Gov.
elnors proclamation yet on the strength OF these and
his motion, the Governor set aside the polls in
election districts and ordered elections
cted thereby. without appointing day for hearing
giving any opportunity Of producing testimony and IN
his proclamation. The council is composed Of
members and in the OF two OF the council he set
aide the election returns and ordered election and
granted certificates to eleven certifying that they had
teen duly elected at the first election The house Of
pesentativ.s is composed Ct twenty-six members,
and the Governor set aide the election returns in
six cases, and ordered new elections and granted
certificates to twenty members, that there were
i'm The IL D0s
in AIRY event have altered the political complexion
Of either branch Of the legislature Those ele;t-
ed the second election, two in the council and in
the house. took their seats at the organization of the Le
gslature by virtue OF the Governors certificates Their
seats contested by those to whom the Governor
without hearing had refused to give certificates at the
first election The whole matter was referred to aP
opsiae committee in each branch and underwent an
elaborate investigation which resulted in the contesng
members getting their seats on the ground that they
bad received majority vote ut the first election. The
h Of legislative body to judge OF the election and
qualification Of its members will not be conryvert
3D. The members Of the legislature elected and CON-
at the city Of Pawnee and they were
organized legislative body, took the oath OF Office,
elected their ecers and received from the Governor his
from saying at that time place they legal
Legislative body Did they do nyhipg subsequent to that
the second point made by the Brig Springs Convention
against the legality Of the legislature Had they right
TO adjourn thor legislative session from Pswnee city to
the ShaDee Missionr We say they had. The law ad
ourring their session from Pa city to the Shawnee
Miscn although vetoed by the Governor is admitted to
have been passed by twotbirds vote in each house IL
conformity the requirements of the organic act.
II is GAINED that The Governor had the right under
he organic act to designate not only the place where
he 1eOih furQ ahould mcQ IaC0W
should hold their session. Whether he Is invested with
this power or not depends upon the organic act set
This the chart which gives him all the power he had
this subject. After pointing out the mode Of con
docng the election of the first Legislative Assembly the
ative Assembly SHAH place such day
as the Governor shall sppeint This is all the power
the power OF fixing the temporary seat of govern
ment Ior Of saying where the Legislative Assembly
to convene them at the place he may This is the
whole extent Of his power, and when he had
csed by issuing his proclamation oonvening them at
PawDee city, his power exhausted, and he had
further control over them. There was good reoson,
and indeed necessity giving the executive the pow
the place where the Legislature should st
convene, but when thus convened and organized a
legislative btoy and capable of expressing legislative
will there is no reason Why he should have any further
control their sessions. They the proper judges
to TIL plscs where they should hold their sessions
and where they best perform their official duties,
and amenable to the people for all their acts The
lower sdsurn frcm place to place. to fix the tempo
rary we'll permanent seat of government is legis
Ia I've, DOT an executive power Wncn the LegSla ure
bss the undoubted to exercise unless restrained by
scme permanent law 1t will not be claimed hat there
is any express permanent law restraining the
legislative Assembly nom the exercise of this o yer,
but that the restriction is implied from the power
vested in the executive to designate the pacs where
they Ian first meet The power expressly delegated
the executive does not have already remarked give
The Governor the right to fix the temporary seat Of 60
vepDent or 20 say where the Legislature SHALL hold their
H. then the Executive has this pr wer as claimed he
has only by Implication and by express grant The
attempt is thei efoie to take from the legislature
ly implication, e isiative power, to give 1t by i'm
iication the Executive whom, in the general dis
iouon " pomels oeWeen :.e eAecu.'e anu ave
departments ofgovsrnmen it does not ielong. Now it
sy be iaid down as general rule pe correctness of
shch viii MT be ccntrovorted that TIC executive de-
artment can righuly claim the exercise Of no gsla
power by implication II that power exercised by
the executive it must be by express grant That ex-
press grant in the under consideration, is tnat
be sbsl name the place where they shall first meet
not where they shall holi thu r session. Tae 18th sec
ion Il this same act in relation to Nebraska fur
Bis en- a inclusive argument on this point. That
section provides that " the Legsls i've Assembly of
the Territory of Nebraska shall hold its first
point and d ect The power delegated 10 the Governor
Of Nebraska in this act is to fix the place where the
trst sha hold its session. not mere where
they shall meet The meanug OF the word session, IS
defined in Bcuyier's Sw dictionary standard Amer!-
can work. lis the time which legislative body sits for
tie transaction OF business session of Congress,
which the day appointed by law and ends
when pgress finally acourns." II 1t had been the in
tention Congress in the Exc uve this Ter
ritory The power to fix the places where the Legis
I'uIe should hold their first session. and not merely
The plGce where they should first meet, they would
have cd TIE equivalent language to tn used
in vosng this power in the Governor Of Nebraska.
IL we correct in The which we have taken of
This oint, II ere is nothing in the organic oct that
initiates against the vaeiy the act OF The legislature
sdourniI their sesen iIom Pawnee cyto the Shswnee
Nj sion.
IL is claimed that if Tie Legislature adjourned from
Pa.nee they bound to aojourn to Fort Leaven
worth and this claim is based The supposition that
II TT leavenworh rhe seat Of government
is
v,tes, THAT the seat o. government OF said Territory is
hereby located at Fort Leavenworh and that such por
lions OF the public buildings may not be actually used
and reeced for military purpoes may be occupied and
used under the direction of he Cove, aud Legislative
unceI III. provifions Of This act Nov When Congress
made This provision they under the impression that
e Sa xp bubble building ID s the f15, Sat not
an thai TIE Legislature ard public officers " the Ter
liory could be accommodated In such buildings. The
sole nGucement Congress had in establishing the Fort
as the temporary seat Of government. TO the
Iecessity Of IA appropriation for the erection OF
public buildings But it was subsequently found
that there were no public bui,cipgs ia the
Fort rot used and needed for military purposes and
the 5h Of August 1854 Congress passed another act by
War shall teem Il inconsistent wi the interest OF the
follitary service to furnish portion Of the military
sal government OF kansas the sum twenty five tn u
ssa dollars shall be- and in that contingency hereby
use Of he Territory OF KANSAS te bs unoer the
direction oil the Governor Of The Terifory This law
was passed at the same session OF the TERRITORIAL act and
intended fur nsb the to erect buildings
lie mediation Of the Legislature in the build
ngs at the fort could not be obtained fer that purpose
The able head Of the War Department, for
coubt satisfactory determined thai the buildings ut the
fort needed for military purposes and conseq uep,ly
;he government could not be accomm oda ed
Of that place. 1.-THE law stopped here, the twenty-five
ibousand dollars could have been used under the drec
ton Of the Governor in the erection of buildings at the
for the accommodation of the legislature But it
does not.
Congress, by the act Of Sd of March 1855 provides
that there is appropriated additional Of $685.
eco for TIE erection Of buildings for the OF tine gs
atuie &C Kansas Territory, to be expended under he
Of eeton Of the Governor provided said money any
art thereof If any money hetetofue appropriated
this purpose, shall not be expended until the Legsla
Of sud Territory ahsli have fixed by law the per-
seat Of govern ment" Now this law takes away
u power to apply single dollar OF the appropriations
erection Of buildings for tho OF the Legisla
ore until the permanent scat of government Is liked
II Is insult to common sense to FAY that the Legsla
urc could only ejcurn from Pasnee city to Fort Lea
vtnworth when they prohibited tom using any Of
the buildings ut the latter place and denied the