The Kansas herald of freedom., 1857-08-15

I
'.The Executive Department emanated
from the Federal Government, and rep
resents the authority of that government.
His duties are defined by Congress, which
may at any time restrict or increase them,
and prescribe the mode in which they
may be performed, and to that power
alone is he responsible. The Territorial
Legislature eanno. take this power away
from Congress. And Congress has only
said that the Governor and Secretary shall
reside in the Territory.
"When the actual seat of Government
becomes fixed, it will undoubtedly be
the duty of the Executive to locate his
Office there.
"This bill processes to locate the seat of
government temporarily, as contra dis
tingrlished from permanent seat of gov
eminent. This distinction is we'll found
ed and well understood, and recognized
as well in the organic law, as in the act of
Congress of March 3, 1856.
"By the organic act. the Governor is
vested with power to fix the temporary
seat of government, while the Legislature
as the power o fix the permanent seat of
government. The power of the Legis-
lature is thus clearly defined. Congress
has chosen to confne one branch of this
subject to the Governor, and to commit
the other to the Legislature.
"The temporary seat of government is
elready fixed, and the only effect of the
bill which now return to you, would be
to repeal the 31st section of the Kansas
bill,which involves theexercisc of a power
| far beyond the functions of this Legisla-
| ture.
"Had Congress abstained from fixing a
temporary seat of Government, the Leg
islature might, perhaps, by implication,
have had the power to do so; but when
they exercise it themselves, and in the
same law prohibit the Legislature from
any legislation inconsistent with the pro-
visions of the act, it would seem that the
door is closed for any such legislation as
that contemplated by the bill which has
been submitted to me.
sit follows, then, that the Legislative
Assembly has no right to prescribe where
the executive Office shall be held, except
by establishing permanent seat of gov
ernment''
The opinion of the Governor was, that
/ if this bill should pass, it would vitiate
the further acts of the body, and they
could no longer maintain legal exist
ence.
The bill, however, did pass; for when
did ever the slave power hesitate on a
point of law or equity, when it stood in
the way of doing their will?
/ Although the Governor went subse-
quently to the Shawnee Mission; and
found this body of men there,yet he never
acknowledged them as having any legal
existence, nor signed any of their so-called
laws.
In this he was most heartily sustained
by the people of Kansas. The members
, themselves knew they had no right in the
Territory, and so elung as close to Mis-
souri as possible. NJ. w. McGee, one o.
the members of the House, boarded al
horne during the whole of the session.
: He lives about half way from Westport
to Kansas City. and was then, and is now
e citizen of Missouri.
Henry Younger and Others were then
;, and still are, citizens of Missouri. Al
i the members excepting one were elected
e by men who resided in Missouri at tn
J, time of voting, and mostly reside ther
still.
Bold in their wickedness, arrogant il
r their assumptions, confident of their sue
T cess, they went on from one extreme o
5 usurpation to another, till they becam
f the scorn of the world. The plan of tn
usurpation had been long and deeply laid
: its execution had been boldly and unscrJ
pulously performed; promises of sid an
: sustenance from the South had bee
e openly and lavishly made. They felt n
n fear, no restraint of law, or conscience, {
Is expediency, but only to rush madly o
: to secure that prize which had been /.
long tantalizing their hopes and excitin
e. their cupidity. With the great and POI
n, ulous State of Missouri to sustain then
II with the pledges of the whole South
10 aid and assist; with the Executive of Il
of Federal Government under the control
: the same power that prompted and CO.
at trolled this movement, why should ths
m not be confident? Why should they n
90 exult? Their friends were many al
nd powerful-their enemies only few po
m emigrants. To one of these, lord
merchant of Wesport said: 1--WE hayey
=. now. tied hand and foot You cam
r. help yourselves" Although to all earth
ee appearance, resistance to the bloc
of thirsty power that now ruled appear
madness and ruin, yet the stia, small 90
in- whispered to each freeman's heart
en- Resistance 10 tyroats is obedience
M God.o
In response to this sentiment. the p
he pie held mass meeting at Lawrence
we the l1th of July. to receivethe expei
TO members from tue Pawnee Legislatr
in and determine upon course to gov
ith their future action. The meeting J
nee unanimous in condemning the body
nor men at the Shawnee Mission, call
ye- themselves a LEGISLATURE. and resolved