The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-04-10

YftHt vi thB U10D0t1ED5 lUtcb 49, ossS
The law as hero presented. the oovefnos wcs0
not have been authorized u have cepvsued ~
Legislature at PAwr,ec City. nj ny oehsr 800
n ,he Territory, than soms a. q ~ pile
buildings at Fort Lesvenweeoh = pogk1od u
tie organic act ir visw oftlD ut Dat III
Secretary Of War hsd fn1fmA11a = 0pisiGa II
I'm, oil the public bMldiaU u Foss Lawn
worth were needed lof military psspsssg, end
hat the Iocstiss a H. ~ n gevsvsnsut sven |
temporarily within the Inns II mIIltasy re-
.rvation. where the military laW msst necessar
-ily wsvail, woaM BE- ipSoavsutsst, II not In !
furious TO the public sesviee. ~ following pro
vision wss sd0ptsa IN tl6iappsOpsistion bill u
abiing the Governor 70 erect buildings for the
temporary seat 81 government 81 s0me more
saitahSs sad couvsaient point 10 the Territory:
"That 10 The event that the Secretary Of
War saoli defm II inconsistent with the inter
- 9th military service 70 furnish suilscient
pevtson Of the military buildings st Fort Lcav-
enwosth for thc use 81 the Territorial govern
ment of knnsns the sum Of twenty Ave thou
sand dollars shall be. aud 10 that contingency
is hereby appropriated. Tor the erection OF pub
lie buildings for the ue Of The Legislature Of
Kansas 10 be expended under the direction Of
the Governor II said Territory"
Under this provision. taken Ia connection
with that clause oi the organic act which Az
ti,orzrd the Goyernar To convene the lrgisa
ture At such place a. hs should appoint. he
would have had the right 10 establish the tcIn
porary scat Of government, and erect the pub
iie buildings nt Pawncc City, or any other place
bs might have selected In the territory instead
Of Fort lravepworth. but for the inct that on
the Ord VI March. 1855, and bci6rc any portion
Of the money Ind becn expended or even tho
si,c selected, Congress made farther appro-
priaiion oftwcniy five thousand dollars Ior pub
'c buiid.ugu, with the provso--
" Tba, the money. or any part thereof. or sry
portion 81 the money bereto0re appropriated
TOR this purpose. shall not b. expsuded until
the Legislature ii aaid Territory shall have
fixed by law thu permanent seat OF govern
mept"
This provision did not confer upon tho I<g.
islatnre my power In respect TO the location Of
the seat 81 government, either temporarily OF
permanently which II did not previously pos
sss for the general grant extending To oil right.
81 s'ss,sS's s .i..esde:!ce. ,scssaNstly inclp.lsd
the right To determine The place OF holding ia
.esons. The objec, M we'll a. legal effect Of
this provision was "a restrain the Governor
from eypeGdiog tbs appropriation until the
voice Of the people Of Ksnsas should bc eI-
pressed through ibcir Legslature Ia the seIcc-
ton OF the place. leaving the Governor 70 per-
form his whole duty under section ~ Of the or.
ganic act, by appointing the place aud day OF
first meeting Of the Legislature, and ofexpend'
Ing tbs money appropriated BY Congress for
the erection u public buildings al such place
~ the Legislature should designate for the per
mancnt seat VI government Of the Territory.
Under this view Of the subject. II was evident
that the Legislature was clothed with lcgiti.
mate authority 10 enact tho Law In obedience
10 which Ia session was adjourned from Paw
nee City 10 Shawnee mission, and that it, en.
acimepis made at the latter place must have
the same force nnd validity that they would
have possessed had not the removal taken
place.
! Those who seek to lind sop,V ienable ground
on which 10 destroy the validity Of the lcgisls-
tive acts os Kansas. sewing that they cannot
safely rely upon the alleged irregularity of the
elections nor upon the alscacc Of legal anihor.
/ ty IN the Legislature TO remove the seat Of
government Halter Themselves that they have
recently discovered u new iact tha, will extrl.
cate them from their difficulty. and enable them
Ia accomplish their purpose, II Is that. by the
/ TREATIES II November T. 1928. and u August
( \, 1871, with the Shawnccs OF Missouri and
Ohio, large tract Of land, including the Shaw
nee Mission where the Legislature held It's sess.
i"n, aud the Governor established the cxeca-
/ t,e oFliccs, was secured 10 those Indians, with
| The guarantee on the part Of the United States
that said lands shall never he within the bounds
oi any state or Territory. nor subject to the
| laws thereof and that the 9th section Of the
Kansas Nebraska act provides that
| Nothing IN this net contained shall la con-
s'fncted 10 include my territory which, by
treaty with any Indian tribe IL not, without
the consent Of said tribe, 10 be included within
the territorial limits or Jurisdiction Of any
/ State or Territory; but all such territory shall
be- excepted out Of the boundaries aud coasti.
tnie no part 81 the Territory Of Kansas
Upon the authority Of these clauses Of the
treaties and of thu ari Of Congress organizing
the Territory. Il is assumed that the Shawnee
Mission. wheto tho Legislature enacted tbosr
laws, was not within the limits or jurisdiction
ot the Territory IT Kansas. and hence they
were null and void Without admitting, even
10y Implication that tho place where the Lrgis'
htufe should enact i,s laws would 10 any TX.
ten, impair their validity. Il ia proper to call
the attention Of the Senate To the fact recorded
on ,u journals, tina, on the 10th Of May. is5A,
only low days before the passage of the
ansas Nebraska act. n treaty was made with
these same Indians, 10y the first article 81 which
MI The lands granted 10 them by the said trca-
il,s II 1925 aud 1891 were cc,l, 4 Ia the Uni.
ted States, and tcng thus exempted from the
operation Of the euaran,cs in those treaties.
we've lay The terms OF the organic act Of Kansas
i1,la1tl within tie limits. and rendered subject
To- the jur shelton 81 said Territory.
The second article granted the house in
which the Legislature afterwards held il xsss-
lous. aud the land upon which the house stool
To tie Missionary Society 81 the Methodist
Episcopal Church South. In these words
ca ,s isnds hins ess, ~ tho rassils line scssssi
there shalt vet he ~ sart 20 N. Missanarv Society 1T
a.. Nc diet ~ tsc"psl thueM south 10 include The
urt"'~9sn o. n. iptisn Manual aees sehcca ,h,e.
.c'i re u 'sna 70 he frrnds shawnee taept schoi
'7sed'as Ws improvements tesrs thrvs husdts. aad
,renty ssrs " land, sod u he Amstraa Baptist upl
H. clts the tmprosomsnts whsrs The satssias ndsat
~. .sasl ser~s. hundred Ed sixty Of
l,d. sra s.n i've sces land to the shawnee Nsho
tit thatah, inrisatns the meeting hes'e snd gave
,.fd, sna iva Of Tad !. the shawnee nsptst
1s'eh Including tie w~s'ins hssss and graveyard
The o,her articles Of the treaty provide for
the survey ct ,hcsc lands and tor granting two |
hundred acres TO each Shawnee Indian. to bc |
held as private property. subject to such con
diicns rs Congress should impose. aud rcccs. |
otsc the right OF the Legislature to Law on, |
roads and public highways acrcss the Indian |
lands, on the same terms rs the law provides |
for their location through the lands Of ciiixeus
81 the United States The Rev Thomas John |
son. who was Frsdcut of the Kansas Legis !
laliye Council, and a!so agent OF the Missioua. |
nv Society OF the Metho.list Episcopal chureh |