The Kansas herald of freedom., 1858-02-20
ExEcur1vE DEpARrMESr,
Lecompton, (. y, Feb. u, 1a5s.

EXECUTIVE DEPARTMENT,
Lecompton, <. T., Feb. IL, 1855
GENTLENES s--In response to your note
of yesterday, requesting my opinion upon
the legality of the act calling for a new
Constitutional Convention, it is necessary,
to a correct understanding of the ques-
ton, to go back to the first Monday in
January last, the day on which the Leg
islature convened under the law.
The 22d Section of the Organic Act
provides "that no session, In any one
year, shall exceed the term of forty days,
except the first session, which may con-
tinue sixty days" The session Just closed
was the third held under this act, and
therefore could not " exceed the term of
forty days" The first Monday in Janu-.
ary last was the fourth day of that month.
In law, fractional days are not known.
That day must be regarded as the first of
the session, and be counted as whole.
It was so regarded and counted By every
one until few persons, towards the close
Of the session, in order to accomplish Ger
tain objects thought proper to give it
a different construction, and one they
would never have dreamed of giving it,
but to effect the objects they had in view.
The law fixed no hour for convening !;
and they might Just as well have met at
one o'clock in the morning, as to have
waited until noon, the hour at which they
did meet. Commencing then on the
fourth, gave them twenty eight days in
j anuary, and twelve more would make
forty. This would carry them to the end
of the twelfth day of February, when the
forty days elapsed and they stood ad-
journed, sine die, by the operation of the
Organic Act
e The Constitution Bill was presented to
me at eleven o'clock A. NJ, on The tenth of
February. The oath Section of the Or
ganic Act provides that, ''if any bill shall
mot be returned by the Governor within
three days-Sunday excepted-after it
/ shall have been presented to him, the
same shall be law in like manner as if
he had signed it. unless the Assembly, by
adjournment, prevent its return, In which
case it shall not be law" Counting by
hours-twenty-four hours to the day
this would have given me until eleven A.
| NJ, of the thirteenth, within which to re-
turn the bill, which was beyond the peri
cd at which the session must close, but as
fractional days are not known to the law,
had right to hold it back until any
time within three days after the day on
which it was presented to me. This
would have carried the time to the end
of the thirteenth of February, when the
session could not continue longer than the
twelfth.
/ have understood that Mr.. Whiting
the Enrolling Clerk of the House, made
a statement under oath to the effect thai
he had offered to present the Constitution
Bill to me before eleven O'Clock the even.
ing of the ninth. This can hardly be
teorrect, and 1 aaude to it only as rumor
for did not retire to rest that night until
after that hour, and both Houses had ad
4 tiourned some time before. Being quite
Iunwell that evening / told Mr.. Walsh
& my Private Secretary, to give inforamtioI
of that fact and that it was my intention
to retire. Shortly after he left the room
the House adjourned, and after his return
retired, leaving him and Mr. r. s. Ste
vens engaged in writing in my ROOM
They were the only persons who had beel
there for two or three hours before. Thi
was after eleven O'Clock, and if Mr.. Whit
ling was there, it was after that time, anS
after the House had adjourned for tn
night. Hwas eleven the next day whel
Mr.. Whiting placed roll of paper on m,
: table, upon opening which found il wa
q the bill above alluded to.
But the bill never was properly present
lied to me, and / was not bound at an,
!, time to have noticed it. In proof of thi
/ have only to refer to. the Joint Rules o
the two Houses, which are as follows:
; @13th. When a bill is duly enrolled,
| shall be examined By joint committe
of two from each House, appointed 70
that purpose, who shall carefully compar
4 the enrolled with the engrossed bill, q
5 passed in the two Houses, and correct an
errors that may be discovered in the en-
Irolied bill, and mako their report forth
with to the respective Houses.
:, a1zth. After examination and repor
: each bill shall be signed in the respectiv
Houses, first by the Speakercf the Hous
f Iof Representatives, then by the PresideE
, iof4he Council.
i15th. After bill shall haye been thr
signed in each House. It shall be present
r ed by the said Committee of EnrolImer
/. | to the Governor for his approval. it bein
: first endorsed on the back Of the roll, cel
? tifying IN which House the same original
: ed, which endorsement shall be signe
: by the Chief Clerk of the House, or th
Eecretary of the Council. as the bill ma
IhaFe originated In one or the other House
and the said committee shall report th
{. dayof presentation to the Governor, whic
: shall be entered on the Journal of eac
s House,
nj Mr.. Whiting was not even . membe
of the House. much less Of the Enfollin
Committee, nor could the Enrolling Com
imittee have reported presentation SO q
Ito have It saentered on the journal Of eae
: House,, for they never did present th
!, | bill to me. There was much isregularit
lin the manner in which business wa
conducted By both Houses, and frequenl
" called the attentionof members TO th
: importance Of the duties imposed on th
Enrolling Committee, and the uecessit
there was for keeping vigilant Watc
: over 4he enroiments. Written statement
Iwere made to me that material altera
!tions had been made IL bills after the
5 had passed both Houses, and the ssters
! tons never reported. Other were amend
ed ii one House and the amendments nC
reported 10 the other, and in every sue