The Kansas herald of freedom., 1858-02-27
For tie Hsrald of Freedom.
Renlv So C.v na,-,-
LAwRENCE. FEB. %. 1858.

LAWRENCE FeD. e, 1905.
EDITOR HERALD OF FREEDoM.-I OBJ
serve in your paper of 10th inst, an ar
ticle from Gov Denver, in relation to the
Constitutional Convention Bill, in re-
sponse to q letter of inquiry by yourself
and Others, which l respectfully ask per-
mission to notice. Taking deep inter-
est in the success Of that measure, having
introduced it in the House, and used all
the ability I possessed to secure its pass
age, I feel unwilling that any erroneous
impression should be given to the people
in regard to it, whether emansting from
the pen of the Governor or elssw here.
The Governor denies that the bill was
presented to him in proper form, accord
ing to the rules. which may be true, so
far as the printed rules are concerned I;
but the fact ought to be known to the
Governor, that the rules OF any Legisla-
tive body can be suspended by general
consent and this was the fact in refel-
ence to bills presented in several instanc-
es, and approved by the Governor with
out any objection as to forms. The "Aet
to authorize the county of Douglas to
borrow money" was presented by Cover
nor Smith. who was in no manner con-
neeted with the Legislative Assembly,
and was signed by the Governor. With
what degree of consistency, then, could
he attempt to thwart great measure BY
denying an equal validity to presenta-
ton by sworn clerk of the House +?
/ am sorry to be compelled to differ
with the Governor as to matters of fact
in regard to the presentation of the bill.
He alludes to the sworn statement of Mr..
Whiting, the Enrolling Clerk of the
House, to the effect that he had presented
the bill to the Governors private Secreta-
ry at ten minutes before eleven o'clock,
on the evening of the ninth of February,
which was three days, one hour and ten
| minutes before the legal expiration of the
session, by even the Governors construc-
ton, as mere ''rumor," and upon that
assumption, attempts to get rid of the fact
by saying
@Being quite unwell that evening, ]
| told MIR. Walsh. my Private Secretary,
| to give information of that fact and that ii
was my intention to retire. Shortly after
he left the room the House adjourned,
and after his return retired, leaving him
and Mr.. e. S. Stevens engaged in writing
in my room. They were the only persons
who had been there for two or three hours
before. This was after eleven O'Clock,
and if Mr. Whiting was there, it was after
that time, and after the House had ad-
journed for the night"
Now, it may be query how the Gov
ernor kneso who was in his room for three
hours, and also that the House had ad-
journed during the same period; and il
strikes me that sensible men will come to
| the conclusion that the "rumor" was con-
cerning the adjournment, and that the
sworn statement of Mr.. Whiting, which
| is amatter of record upon the journal, is
worthy of at leas' as much credit as the
Governors opinion, especially if he wa:
sick and asleep. Mr.. Writings state
ment is also .eorroborated by Mr.. c. s
Pratt, Enrolling Clerk of the Council
who was at the door of the Executive
Chamber with other bills. I know also
that I superintended the enrolment O
the bill, and that it was placed in Mr.. W''
hands properly authenticated, before elev.
en- O'Clock, and that / requested him par.
ticularly to make record of the time, Sc
that in case of an effort to pocket the
bill, he would be able to swear to the pre-.
else time it reached the Executive. HI
is an humble but honorable man, who's,
testimony "under the pains and penaltie'
of perjury" cannot be controverted by th'
Governors mere opinion of what tool
/ place while he was in bed.
happen also to know that what tn
Governor states as to the adjournment o
the House, is erroneous. The House die
not adjourn that night until after twelve
know this, because / sat in the Hous'
after Mr.. Whiting left with the bill.
4 In order that no error might arise as +
time, even according to the Governor
reckoning, the Legislature remained i
session until the 18th inst, at IL o'clocl
NJ, which was three days and one hou
after the Governor admits Mr.. Within
having laid the bill upon his table. A
to the right to thus remain in session
even if their time did expire at IL o'cloc
the night before, I leave the Goyerno
and Democratic Congresses and President
. who have made and signed laws on th
fifth of March. after the expiration of thei
term, to decide; suggesting that this is nc
. even as doubtful right as that-the dii
ference being that the law in the one cas-
specifies when the legal term shall 5esis
and the other when it shall aad
The Governor contends that, as tn
Legislature commenced its session on th
fourth Of January, its limitation to fort
days By the organic act, required il to ad
joum at midnight 'In Law, ffaction'
days are not known" /" says the GoveEno
!, Admit it-whas then? The I'D sectio
of the Organic Act says, .'the Legislatis
power and authority Of said Territor
: shall be vested in the Governor and Les
islative Assembly, Thus he is q co.oI
dinass branch of the iaw-making power
and If there are s.no fractional days
laws for one branch. there cannot be Fl
f.notha,. and nv his own admission. /