Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-03-27
NO. 13.
I think the subject will bear the closest and
most technical scrutiny.

What is the objection to the removal of
the session of the Legislature from Pawnee
City to Shawnee Mission? If gentlemen
will examine, they will find the law bearing
on the case in five or six paragraphs, which,
annex:
"sEc. %. The persons thus elected to the
Legislative Assembly shall meet at such place
as the Governor shall appoint"
"SEc. a. The legislative power of the
Territory shall extend to all rightful subjects
of legislation, consistent with the Constitu-
tion and the provisions of this act"
"SEc. 81. The seat of government is here.
by located temporarily at Fort Leavenworth."
NEBRASKA and Kansas Act.
"SEc. g. In the event that the Secretary
of War shall deem it inconsistent with the
interests of the military service to furnisha
sufficient portion of the military buildings at
Fort Leavenworth for the use of the terri
torial government of Kansas, the sum of
twenty-five thousand dollars shall be, and in
that contingency is hereby, appropriated for
the erection of public buildings for the use
of the Legislature of the Territory Of Kan
sas, to be expended under the directions Of
the Governor of said Territory."-Act Of
1854, page 5S2.
"Appropriation of $4,000 for the con.
tinuance and erection of public buildings
for use of the Legislature of Kansas, to be
expended under the direction of the Cover
nor: Pyouided, that said money, and the
money heretofore appropriated, shall not be
expended until the Legislature of said Ter
ritory shall have fixed by law the permanent
seat of government "-Act Of 1855, page
635.
It is admitted that the Legislature had
right to establisha permanent seat Of govern
ment; that it had right to make tempo.
rary seat of government urless such action
was inconsistent with the Kansas Nebraska
act Inconsistency is inferred and it is
contended that Fort Leavenworth was the
only place where the Legislature could meet
other than where the Governor might assem-
Bile them until permanent seat of govern
ment was established. But this, it strikes
me, is great misconception. Why? Gen.
tlemen overlook this important fact, that
there was government in Kansas for year
before the Legislature met-a government
intended by the act. The Governor was the
Executive and the Legislature. He was the
Government until the Territorial Legislature
was called together. He had great mis-
sion confded to him. To him, as to some
modern Pygmalion, was given the high trust
to bid beautiful, social fabric rise out Of
chaos. He had a noble mission given to
him-a mission which has made the names
of Solon and Lycurgus immortal. 1t was a
mission which, if we'll performed, gave the
actor place in the pantheon Of history; but
if falsifed, subjected him to the reprobatiou
of impartial history.
The Governor, then, was the government
of Kansas. He was as effectually the State
as Louis XIV, when he uttered those impe-
rial words, "I am the State" There was
devolved on him the duty of causing cen
sus of the inhabitants and qualified voters,
appointing the times, places, and manner Of
holding the first elections, declaring the num-
Der of members of the Legislature, to certi-
flying as to who might appear to be elected,
and appointing the time and place of the first
meeting of the Legislature. He had the
doing of everything necessary to launch this
young ship of State on its great historical
voyage. Well, sir, it was obligatory on him
to locate his seat of government at Fort Lea
venworth-for how long? Forever? No;
but temporarily. What does temporarily
mean? A short time. 1t was the duty Of
the Governor of Kansas in the beginning to
locate the seat of government temporarily
" for short time," at Fort Leavenworth.-y
He did so and the seat of government was
there for some two months. Not finding
proper accommodations there it was removed
by him to the Shawnee Mission. Now, if,
when the Territorial Legislature was assem-
bled, and while they were passing law for
the removal Of the seat of government from
Pawnee City to Shawnee Mission, it was OBJ
jected that they had no right to pass such
law-that it would be inconsistent with the
provision of the Kansas Nebraska act, ma
king Fort Leavenworth temporary seat Of
government, would it not have been satis-
factory answer, if it were shown that the seat
of government had been temporarily at Fort
Leavenworth, that the act had been obeyed
in that particular-that it had its full efica-
cy? 1t seems to me this view puts an end
to all difficulty.
The Kansas act designated Fort Leaven-
worth as the seat Of government fora " short
time ;" that is temporarily. The Governor
did conform to the act in this PARTICULAR
Fort Leavenworth was the seat of government
for short time, and thus the act having been
obeyed and had its active energy, was dis
charged, spent, complied with, exhausted,
by che time the Legislature assembled, and
they, therefore, in removing to Shawnee,
did not trench on its provisions. I, there
fore, put this part Of the case upon the ground
that the seat of government wasat Fort Lea.
venworth for a "short time" There is
nothing in that pretence, it strikes me, in
logical point Of view.
But to advance: 1t will be found that
there is an important modification made by
Congress in reference to the seat Of govern
ment being temporarily at Fort Leavenworth.
That place was first designated. Congress