Nebraska advertiser., 1858-01-21


prehension as to the personal safety of
the majority, and requesting his Excel
lencv to communicate with the Leglsla-
ture at this place at his earliest conVe-
nience."
l deem it to be my duty under existing
circumstances, as an act of courtesy due
from me to you as members of the Legis-
lative Assembly of Nebraska, to state
frankly that looking at the question as a
mere legal one, / cannot recognize that
portion of the members of the Legislature
now assembled at Florence as the Coun-
ell and House Of Representatives Of the
Territory.
By reference 10 the Organic Act, Sec.
Is, it will be seer that the power to To-
cate and establish the Seat of Government
is conferred upon the "Governor and Be-
gislative Assembly" Under hat auth
ority, Omaha City, Douglas county, was
determined upon as said seat of Govern
ment by an act of the Territorial Legis-
~lature, approved january the Both, 1856.
Omaha City nus continue to be the only
legal place of holding the sessions of the
Legislature, unless some other place is
fixed upon by the joint action of the Gov
ernor and Legislative Assembly.
Ihave been unable to find any enact
ment upon the Statute books of the Ter
ritory making such change, and in its abb
sence the Legislature a only Transact
its business legally at Omaha City, in
Douglas county.
But, should it be insisted that this
change is but temporary, and not design
ed as a removal of the seat of Govern
ment, ever then, if / have been properly
informed, the proceeding is not authorized
by law. understand the following to be
the facts: The House Of Representatives
without reference to the action of the
Council, or the approval of the Governor,
upon a mere motion adjourned to Flor
ence. The Council, also independent of
the House and the Executive, adjourned
to meet at the same place. IF now !
should recognize the meeting at Florence
as the Legislative Assembly of the Terri
tory, what is the doctrine which, endorse!
1t is not that either branch of the Legis-
%lature, without the concurrent action of
the other, has the power to adjourn to
meet at any place it may select; a doc
trine, the establishment and operation OF
which might at some future day present
the strange spectacle of a Council at one
place, the House at another, and the Ex-
ecutive at still another. / cannot endorse
a doctrine from the operation of which
such consequences might result.
Without inquiring into"or expressing
an opinion upon transactions said to have
taken place prior to my arrival into the
Territory, l deem it sufficient for me tc
say that the Capitol is the place of your
right and your duty as Legislators, and
having entered upon the discharge of the
functions of the Executive office, l am
prepared to guarantee that no act Of vio-
lence by any man or set of men will be
perpetrated upon the rights or persons Of
the members of the Legislature, while in
the discharge Of their duties as such. The
fullest and most ample protection is war.
ranted to freedom in discussion and indie
Ependence in action.
The public necessity requires that the
Legislature should proceed to business,
and perform its appropriate duties. II
would be exceedingly gratifying therefore
to me if you would return to the Capitol,
accept the protection which it is my duty
and my pleasure to tender to the Repre-
~sentatives of the people, and by just and
needful legislation, relieve the citizens OF
the Territory from the apprehension OF
being left for another year without sufi.
Gent laws for hat absolute protection
which is guaranteed by the Constitution
of the United States.
l need scarcely add, gentlemen, that nc
one regrets so sincerely as do the neces.
sity which compels me upon the first as.
sumption of the duties of my office to differ
with a majority of the members of the
Legislative Assembly. Nothing but a
conviction so clear as to leave no doubt
upon my mind, would induce me to take
upon myself so great a responsibility
But the line of duty is so plainly marked,
l should be faithless to the trust confided
to me if l should for a moment falter OF
hesitate.
Ihave the honor to be, gentlemen,
Your obedient servant,
w. A. RICHARDSON,
Governor Of Nebraska.