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peace. The supreme court shall consist of a peal in all such cases shall be made to the suchief justice and two associate justices, any two preme court of said Territory, the same as in of whom shall constitute a quorum, and who other cases. The said clerk shall receive in all shall hold a term at the seat of government of such cases the same fees which the clerks of the said Territory annually, and they shall hold their district courts of Utah 'Territory now receive for offices during the period of four years, and until similar services. their successors shall be appointed and qualified. Sec. 10. That the provisions of an act entitled The said Territory shall be divided into three judi. “An act respecting fugitives from justice, and cial districts, and a district court shall be held in persons escaping from the service of their maseach of said districts by one of the justices of the ters," approved February twelve, seventeen supreme court, at such times and places as may hundred and ninety-three, and the provisions of be prescribed by law; and the said judges shall, the act entitled “Ăn act to amend, and suppleafter their appointments, respectively, reside in mentary to the aforesaid act,” approved Septemthe district which shall be assigned them. The ber eighteen, eighteen hundred and fifty, be, and jurisdiction of the several courts herein provided the same are hereby, declared to extend to, and tor, both appellate and original, and that of the be in full force within the limits of said Territory probate courts and of justices of the peace, shall of Nebraska. be as limited by law: Provided, That justices of Sec. 11. That there shall be appointed an atthe peace shall not have jurisdiction of any mat- torney for said Territory, who shall continue in ter in controversy when the title or boundaries office for four years, and until his successor shall of land may be in dispute, or where the debt or be appointed and qualified, unless sooner resum claimed shall exceed one hundred dollars ; moved by the President, and who shall receive and the said supreme and district courts, re- the same fees and salary as the attorney of the spectively, shall possess chancery as well as com United States for the present Territory of Utah. mon law jurisdiction. Each district court, or the There shall also be a marshal for the Territory judge thereof, shall appoint its clerk, who shall appointed, who shall hold his office for four also be the register in chancery, and shall keep years, and until his successor shall be appointed his office at the place where the court may be and qualified, unless sooner removed by the Pre held. Writs of error, bills of exception, and ap-sident, and who shall execute all processes issupeals shall be allowed in all cases from the final ing from the said courts when exercising their decision of said district courts to the supreme jurisdiction as circuit and district courts of the court, under such regulations as may be pre- United States; he shall perform the duties, be scribed by law; but in no case removed to the subject to the same regulations and penalties, supreme court shall trial by jury be allowed in and be entitled to the same fees as the marshal of saíd court. The supreme court, or the justices the district court of the United States for the thereof, shall appoint its own clerk, and every present Territory of Utah, and shall, in addition, clerk shall hold his office at the pleasure of the be paid two hundred dollars annually as a comcourt for which he shall have been appointed. pensation for extra services. Writs of error, and appeals from the final decision Sec. 12. That the governor, secretary, chief of said supreme court, shall be allowed, and may justice, and associate justices, attorney and marbe taken to the supreme court of the United shal, shall be nominated, and, by and with the States, in the same manner and under the same re- advice and consent of the Senate, appointed by gulations as from the circuit courts of the United the President of the United States. The governStates, where the value of the property, or the or and secretary to be appointed as aforesaid, amount in controversy, to be ascertained by the shall, before they act as such, respectively take oath or affirmation of either party, or other com. an oath or affirmation by the laws now in force petent witness, shall exceed one thousand dol. therein, or before the chief justice or some assoIars; except only that in all cases involving title ciate justice of the Supreme Court of the United to slaves, the said writs of error or appeals shall States, to support the Constitution of the United be allowed and decided by the said supreme States, and faithfully to discharge the duties of court, without regard to the value of the matter, their respective offices, which said oaths, when property, or title in controversy ; and except also so taken, shall be certified by the person by that a writ of error or appeal shall also be allowed whom the same shall have been taken; and such to the supreme court of the United States, from certificates shall be received and recorded by the the decisions of the said supreme court created said secretary among the executive proceedings : by this act, or of any judge thereof, or of the dis- and the chief justice and associate justices, and trict courts created by this act, or of any judge all other civil officers in said Territory, before thereof, upon any writ of habeas corpus, involv- they act as such, shall take a like oath or affirm. ing the question of personal freedom; Provided, ation before the said governor or secretary, or That nothing herein contained shall be construed some judge or justice of the peace of the territory to apply to or affect the provisions of the “ act who may be duly commissioned and qualified, respecting fugitives from justice, and persons es- which said oath or affirmation shall be certified caping from the service of their masters," ap: and transmitted by the person taking the same to proved February twelfth, seventeen hundred and the secretary, to be by him recorded as aforeninety-three, and the “act to amend and supple- said ; and afterwards the like oath or affirmamentary to the aforesaid act,” approved Septem- tion shall be taken, certified, and recorded, in ber eighteenth, eighteen hundred and fifty; and such manner and form as may be prescribed by each of the said district courts shall have and ex- law. The governor shall receive an annual salaercise the same jurisdiction in all cases arising ry of two thousand five hundred dollars. The under the Constitution and laws of the United chief justice and associate justices shall receive States, as is vested in the circuit and district an annual salary of two thousand dollars. The courts of the United States ; and the said supreme secretary shall receive an annnal salary of and district courts of the said Territory, and the two thousand dollars. The said salaries shall respective judges thereof, shall and may grant be paid quarter.yearly, from the dates of the rewrits of habeas corpus in all cases in which the spective appointments, at the Treasury of the same are granted by the judges of the United United States ; but no such payment shall be States in the District of Columbia ; and the first made until said officers shall have entered upon six days of every term of said courts, or so much the duties of their respective appointments. The thereof as shall be necessary, shall be appropriat: members of the legislative assembly shall be ed to the trial of causes arising under the said entitled to receive three dollars each per day du: Constitution and laws, and writs of error and ap- ring their attendance at the sessions thereof, and
three dollars each for every twenty miles' travel | een hundred and fifty, commonly called the Comin going to, and returning from, the said sessions, promise Measures, is hereby declared inoperative estimated according to the nearest usually-trav. and void ; it being the true intent and meaning eled route; and an additional allowance of three of this act not to legislate Slavery into any Terdollars shall be paid to the presiding officer of ritory or State, nor to exclude it therefrom, but each house for each day he shall so preside. And to leave the people thereof perfectly free to form a chief clerk, one assistant clerk, a sergeant-at- and regulate their domestic institutions in their arms, and door-keeper may be chosen for each own way, subject only to the Constitution of the house ; and the chief clerk shall receive four dol. United States : Provided, That nothing herein lars per day, and the said other officers three dol. contained shall be construed to revive or put in lars per day, during the session of the legislative force any law or regulation which may have exassembly ; but no other officer shall be paid by isted prior to the act of sixth of March, eighteen the United States : Provided, That there shall be hundred and twenty, either protecting, establishbut one session of the legislature annually, uning, prohibiting or abolishing, Slavery: less, on an extraordinary occasion, the governor Sec. 15. That there shall hereafter be approshall think proper to call the legislature together. priated, as has been customary for the territorial There shall be appropriated, annually, the usual governments, a sufficient amount, to be expended sum, to be expended by the governor to defray under the direction of the said governor of the the contingent expenses of the territory, includ Territory of Nebraska, not exceeding the sums ing the salary of a clerk of the executive depart. heretofore appropriated for similar objects, for ment; and there shall also be appropriated annu- the erection of suitable public buildings at the ally, a sufficient sum, to be expended by the seat of government, and for the purchase of a secretary of the Territory, and upon an estimate to library to be kept at the seat of government for be made by the secretary of the Treasury of the the use of the governor, legislative assembly, United States, to defray the expenses of the legis. judges of the supreme court, secretary, marshal, lative assembly, the printing of the laws, and and attorney of said territory, and such other other incidental expenses ; and the governor and persons, and under such regulations as shall be secretary of the Territory shall, in the disburse prescribed by law. ment of all moneys intrusted to them, be govern- Sec. 16. That when the lands in the said tered solely by the instructions of the secretary of ritory shall be surveyed under the direction of the Treasury of the United States, and shall, semi- the government of the United States, preparaannually, account to the said secretary for the tory to bringing same into market, sections nummanner in which the aforesaid moneys shall have bered sixteen and thirty-six, in each township in been expended ; and no expenditure shall be said territory, shall be, and the same are hereby, made by said legislative assembly for objects not reserved for the purpose of being applied to specially authorized by the acts of Congress schools in said teritory, and in the States and Termaking the appropriations, nor beyond the sums ritories hereafter to be erected out of the same. thus appropriated for such objects.
Sec. 17. That, until otherwise provided by law, Sec. 13. That the legislative assembly of the the governor of said Territory may define the Territory of Nebraska shall hold its first session judicial districts of said Territory, and assign the at such time and place in said Territory as the judges who may be appointed for said Territory governor thereof shall appoint and direct; and at to the several districts; and also appoint the said first session, or as soon thereafter as they times and places for holding courts in the several shall deem expedient, the governor and legisla- counties or subdivisions in each of said judicial tive assembly shall proceed to locate and estab- districts by proclamation, to be issued by him ; lish the seat of government for said Territory, at but the legislative assembly, at their first, or any such place as they may deem eligible; which subsequent session, may organize, alter, or modiplace, however, shall thereafter be subject to be fy such judicial districts, and assign the judges, changed by the said governor and legislative as- and alter the times and places of holding the sembly
courts, as to them shall seem proper and conSec. 14. That a delegate to the House of Rep. venient. resentatives of the United States, to serve for the Sec. 18. That all officers to be appointed by term of two years, who shall be a citizen of the the President, by and with the advice and consent United States, may be elected by the voters quali- of the Senate, for the Territory of Nebraska, who, fied to elect members of the legislative assembly, by virtue of the provisions of any law now exist who shall be entitled to the same rights aud privi- ing, or which may be enacted during the present leges as are exercised and enjoyed by the delegates Congress, are required to give security for moneys from the several other territories of the United that may be intrusted with them for disburseStates to the said House of Representatives; but ments, shall give such security, at such time and the delegate first elected shall hold his seat only place, and in such manner as the Secretary of the during the term of the Congrese to which he shall Treasury may prescribe. be elected. The first election shall be held at Sec. 19. That all that part of the territory of such time and places, and be conducted in such the United States included within the following manner, as the governor shall appoint and di- limits, except such portions thereof as are hererect; and at all subsequent elections, the times, inafter expressly exempted from the operations places, and manner of holding the elections shall of this act, to wit: beginning at a point on the be prescribed by law. The person having the western boundary of the State of Missouri, where greatest nuinber of votes shall be declared by the the thirty-seventh parallel of north latitude crosses governor to be duly elected, and a certificate the same; thence west on said parallel to the thereof shall be given accordingly. That the eastern boundary of New Mexico; thence north Constitution and all the laws of the United on said boundary to latitude thirty-eight; thence States which are not locally inapplicable, shall following said boundary westward to the east have the same force and effect within the said boundary of the Territory of Utah, on the summit Territory of Nebraska as elsewhere within of the Rocky Mountains; thence northward on the United States, except the eighth section said summit to the fortieth parallel of latitude; of the act preparatory to the admission of Mis- thence east on said parallel to the western boundsouri into the Union, approved March sixth, ary of the State of Missouri; thence south with eighteen hundred and twenty, which being in the western boundary of said State to the place consistent with the principle of non-intervention of beginning, be, and the same is hereby, created by Congress with Slavery in the States and Ter into a temporary government by the name of the ritories, us recognized by the legislation of eight. Terr of Kansas; and when admitted as a
State or States, the said Territory, or any por elaborate treatment, yet, the measurable tion of the same, shall be received into the Union authenticity of statement, thus secured, and with or without Slavery, as their Constitution may prescribe at the time of their admission: the light cast on the general theme by the Provided, That nothing in this act contained conflicting views thus presented, serve to shall be construed to inhibit the Government of give this the preference over any other the United States from dividing said Territory mode of narrating so nearly cotemporaneous into two or more territories, in such manner and at such times as Congress shall deem convenient with their chronicle as these. We proceed, and proper, or from attaching any portion of said then, with our record, which must henceTerritory to any other State or Territory of the forth consist mainly of public documents, United States : Provided further, That nothing submitted to the current Congress, connectin this act contained shall be so construed as to ed by the merest thread of narrative. impair the rights of person or property now pertaining to the Indians in said Territory, so long
Dec. 3rd, 1855.—The XXXIV th Conas such rights shall remain unextinguished by gress convened at the Capital, in Washingtreaty between the United States and such Indians, ton, Jesse D. Bright of Ind. holding over or to include any territory which, by treaty with
as President pro tempore of the Senate, in any Indian tribe, is nut, without the consent of said tribe, to be included within the territorial place of Vice-President William R. King limits or jurisdiction of any State or Territory; of Alabama, deceased. A
quorum of but all such territory shall be excepted out of the either House was found to be present. boundaries, and constitute no part of the Terri
But the House found itself unable to ortory of Kansas, until said tribe shall signify their assent to the President of the United States to be ganize by the choice of a Speaker, until after included within the said Territory of Kansas, or an unprecedented struggle of nine weeks' to affect the authority of the Government of the duration. Finally, on Saturday, Feb. 20th, United States to make any regulation respecting 1856, the plurality-rule was adopted-Yeas such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have 113; Nays 104—and the House proceeded been competent to the Government to make it under it to its one hundred and thirty-third this act had never passed.
ballot for speaker, when Nathaniel P. [The next seventeen sections substantially re- Banks, Jr., (anti-Nebraska) of Massachupeat the foregoing, save that their provisions sets, was chosen, having 103 votes to 100, apply to Kansas instead of Nebraska. The final for William Aiken of South Carolina. section refers to both Territories, as follows:]
Eleven votes scattered on other persons did
not count against a choice. It was thereSec. 37. And be it further enacted, that all fore resolved—Yeas 155 ; Nays 40—that treaties, laws, and other engagements made by Mr. Banks was duly elected Speaker, the Government of the United States with the Indian tribes inhabiting the territories embraced But, during the pendency of this election, within this act, shall be faithfully and rigidly the President had transmitted to both observed, notwithstanding anything contained in Houses, first (Dec. 31st) his Annual Mesthis act; and that the existing agencies and superintendencies of said Indians be continued with sage, and next (Jan. 24th) a special mesthe same powers and duties which are now pre- sage with regard to the condition of Kansas, scribed by law, except that the President of the which is as follows: United States may, at his discretion, change the location of the office of superintendent.
MESSAGE OF THE PRESIDENT.
WASHINGTON, Jan. 24, 1856. No action of any moment with regard to To the Senate and House of Representatives : Slavery in the Territories was taken in either House at the Second (short) Session course of governmental organization in the Ter
Circumstances have occurred to disturb the of this Congress.
ritory of Kansas, and produce there a condition of things which renders it incumbent on me to call your attention to the subject, and urgently recommend the adoption by you of such measures
of legislation as the grave exigencies of the case The struggle respecting Slavery in appear to require. Kansas which followed the organization of
A brief exposition of the circumstances referthat Territory, under the Provisions of the red to, and of their causes, will be necessary to act just recited, is yet too recent and incom- which it is proposed to submit.
the full understanding of the recommendations plete to justify an attempt to write its his- The act to organize the Territories of Nebrastory. All that can be prudently done as ka and Kansas was a manifestation of the legisyet, is to collect and arrange the most im- lative opinion of Congress on two great points
of constitutional construction: One, that the doportant documents in which its incidents signation of the boundaries of a new Territory, are detailed, and its principles discussed, and and provision for its political organization and this we now proceed to do, without attempt administration as a Territory, are measures ing to reconcile the gloomy discrepancies which of right fall within the powers of the Genebetween the statements submitted on the itants of any such Territory, considered as an
ral Government; and the other, that the inhab. one side and on the other, respectively. inchoate State, are entitled, in the exercise of Though it will not be possible in this self-government, to determine for themselves course to avoid repeated statements of the what shall be their own domestic institutions, same fact, and an occasional devotion of enacted by Congress under it, and to the power
subject only to the Constitution and the laws duly undue space to a point undeserving of such of the existing States to decide, according to the
provisions and principles of the Constitution, at | administration, and partly of the unjustifiable what time the Territory shall be received as a interference of the inhabitants of some of the State into the Union. Such are the great politi- States, foreign by residence, interests, and rights cal rights which are solemnly declared and affirm to the Territory. ed by that act.
The Governor of the Territory of Kansas, comBased upon this theory, the act of Congress missioned, as before stated, on the 29th of June, defined for each Territory the outlines of repub- 1854, did not reach the designated seat of his lican government, distributing public authority government until the 7th of the ensuing October, among the lawfully created agents-executive, and even then failed to make the first step in its judicial and legislative—to be appointed either legal organization--that of ordering the census by the General Government or by the Territory. or enumeration of its inhabitants—until so late The legislative functions were intrusted to a a day that the election of the members of the Council and a House of Representatives, duly Legislative Assembly did not take place until elected and empowered tu enact all the local laws the 30th of March, 1855, nor its meeting until the which they might deem essential to their pros- 2d of July, 1855; so that, for a year after the perity, happiness and good government. Acting Territory was constituted by the act of Congress, in the same spirit, Congress also defined the per- and the officers to be appointed by the Federal sons who were in the first instance to be con- Executive had been commissioned, it was without sidered as the people of each Territory; enact- a complete government, without any legislative ing that every free white male inhabitant of the authority, without local law, and, of course, with same above the age of twenty-one years, being out the ordinary guarantees of peace and public an actual resident thereof, and possessing the order. qualifications hereafter described, should be en- In other respects, the Governor, instead of extitled to vote at the first election, and be eligible ercising constant vigilance and putting forth all to any office within the Territory; but that the his energies to prevent or counteract the tendenqualifications of voters and holding office at all cies to illegality which are prone to exist in all subsequent elections should be such as might be imperfectly-organized and newly-associated comprescribed by the Legislative Assembly: Provi- munities, allowed his attention to be diverted ded, however, That the right of suffrage and of from official obligation by other objects, and holding office should be exercised only by citi- himself set an example of the violation of law in zens of the United States, and those who should the performance of acts which rendered it my have declared on oath their intention to become duty, in the sequel, to remove him from the office such, and have taken an oath to support the of chief executive magistrate of the Territory. Constitution of the United States and the provi- Before the requisite preparation was accomsions of the act: And provided, further, That no plished for election of a Territorial Legislature, officer, soldier, seaman or marine, or other per- an election of delegate to Congress had been held son in the army or navy of the United States, or in the Territory on the 29th day of November, attached to troops in their service, should be al. 1854, and the delegate took his seat in the House lowed to vote or hold office in either Territory by of Representatives without challenge. If arrangereason of being on service therein.
ments had been perfected by the Governor so Such of the public officers of the Territories as, that the election for members of the Legislative by the provisions of the act, were to be appoint- Assembly might be held in the several precincts ed by the General Government, including the at the same time as for delegate to Congress, any Governors, were appointed and commissioned in question appertaining to the qualification of the due season--the law having been enacted on the persons voting as people of the Territory, would 30th of May, 1854, and the commission of the have passed necessarily and at once under the Goveruor of the Territory of Nebraska being supervision of Congress, as the judge of the va, dated on the 2nd day of August, 1854, and of lidity of the return of the delegate, and would the Territories of Kansas on the 29th day of have been determined before conflicting passions June, 1854.
had become inflamed by time, and before opporAmong the duties imposed by the act on the tunity could have been afforded for systematic governors, was that of directing and superintend- interference of the people of individual States. ing the political organization of the respective This interference, in so far as concerns its Territories. The Governor of Kansas was re-primary causes and its immediate commencequired to cause a census or enumeration of the ment, was one of the incidents of that pernicious inhabitants and qualified voters of the several agitation on the subject of the condition of the counties and districts of the Territory to be taken, colored persons held to service in some of the by such persons and in such mode as he might States, which has so long disturbed the repose of designate and appoint; to appoint and direct the our country, and excited individuals, otherwise time and places of holding the first elections, and patriotic and law-abiding, to toil with misdirected the manner of conducting them, both as to the zeal in the attempt to propagate their social persons to superintend such elections, and the re- theories by the perversion and abuse of the powers turns thereof; to declare the number of the mem- of Congress. bers of the Council and House of Representatives The persons and parties whom the tenor of the for each county or district; to declare what per- act to organize the Territories of Nebraska and sons might appear to be duly elected; and to Kansas ihwarted in the endeavor to impose, appoint the time and place of the first meeting of through the agency of Congress, their particular the Legislative Assembly. In substance, the views of social organization ou the people of the same duties were devolved on the Governor of future new States, now perceiving that the policy Nebraska.
of leaving the inhabitants of each State to judge While, by this act, the principle of constitu- for themselves in this respect was ineradícably tion for each of the Territories was one and the rooted in the convictions of the people of the same, and the details of organic legislation re- Union, then had recourse, in the pursuit of their garding both were as nearly as could be identical, general object, to the extraordinary measure of and while the Territory of Nebraska was tran propagandist colonization of the Territory of quilly and successfully organized in the due Kansas, to prevent the free and natural action course of law, and its first Legislative Assembly of its inhabitants in its internal organization, and met on the 16th of January, 1855, the organizá- thus to anticipate or to force the determination tion of Kansas was long delayed, and has been of that question in this inchoate State. attended with serious difficulties and embarrass- With such views, associations were organized ments, partly the consequence of local mal- | in some of the States, and their purpose was proclaimed through the press in language extremely that the duties of the office were legally devolved irritating and offensive to those of whom the on the Secretary of the Territory ; thus to the last colonists were to become the neighbors. Those recognizing the body as a duly elected and condesigns and acts had the necessary consequence stituted Legislative Assembly. to awaken emotions of intense indignation in It will be perceived that if any constitutional States near to the Territory of Kansas, and espe. defect attached to the legislative acts of the cially in the adjoining State of Missouri, whose Assembly, it is not pretended to consist in irregu. domestic peace was thus the most directly en- larity of election or want of qualification of the dangered; but they are far froin justifying the members, but only in the change of its place of illegal and reprehensible counter-movements session. However trivial the objection may which ensued.
seem to be, it requires to be considered, because Under these inauspicious circumstances, the upon it is founded all that superstructure of acts, primary elections for members of the Legislative plainly against law, which now threatens the Assembly were held in most, if not all, of the peace not only of the Territory of Kansas but of precincts, at the time and the places and by the the Union. persons designated and appointed by the Govern. Such an objection to the proceedings of the or, according to law.
Legislative Assembly was of exceptionable oriAngry accusations that illegal votes had been gin, for the reason that, by the express terms of polled, abounded on all sides, and imputations the organic law, the seat of government of the were made both of fraud and violence. But the Territory was“ located temporarily at Fort LeaGovernor, in the exercise of the power and the venworth ;" and yet the Governor himself redischarge of the duty conferred and imposed by mained there less than two months, and of his law on him alone, officially received and con- own discretion transferred the seat of Govern. sidered the returns; declared a large majority of ment to the Shawnee Mission, where it in fact the members of the Council and the House of was at the time the Assembly were called to Representatives * duly elected;" withheld certi- meet at Pawnee City. If the Governor had any ficates from others because of alleged illegality such right to change temporarily the seat of Gov. of votes; appointed a new election to supply the ernment, still more had the Legislative Assembly. place of the persons not certified; and thus, at The objection is of exceptional origin for the fur. length, in all the forms of statute, and with his ther reason that the place indicated by the Gov. own official authentication, complete legality was ernor, without having an exclusive claim of pregiven to the first Legislative Assembly of the ference in itself, was a proposed town-site only, Territory.
which he and others were attempting to locate Those decisions of the returning officers and of unlawfully upon land within a military reservathe Governor are final, except that by the par- tion, and for participation in which illegal act the liamentary usage of the country applied to the commandant of a post, a superior officer of the organic law, it may be conceded that each House | Ariny, has been disinissed by sentence of courtof the Assembly must have been competent to de martial. termine, in the last resort, the qualifications and Nor is it easy to see why the Legislative Assem. the election of its members. The subject was, by bly might not with propriety pass the Territorial its nature, one appertaining exclusively to the act transferring its sittings to the Shawnee Misjurisdiction of the local authorities of the Terri- sion. If it could not, that must be on account tory. Whatever irregularities may have oc- of some prohibitory or incompatible provision of curred in the elections, it seems too late now to act of Congress. But no such provision exists. raise that question as to which, neither now nor | The organic act, as already quoted, says “the at any previous time, has the least possible legal seat of Government is hereby located tempoauthority been possessed by the President of the rarily at Fort Leavenworth ;” and it then pro. United States. For all present purposes the le- vides that certain of the public buildings there gislative body, thus constituted and elected, was may be occupied and used under the direction the legitimate assembly of the Territory. of the Governor and Legislative Assembly.",
Accordingly, the Governor, by proclamation, These expressions might possibly be construed convened the Assembly thus elected to meet at to imply that when, in a previous section of the a place called Pawnee City. The two Houses act, it was enacted that " the first Legislative met, and were duly organized in the ordinary Assembly shall meet at such place and on such parliamentary form ; each sent to and received day as the Governor shall appoint,” the word from the Governor the official communications “place' means place at Fort Leavenworth, not usual on such occasions; an elaborate Message place anywhere in the Territory. If so, the Gov. opening the session was communicated by the ernor would have been the first to err in this mat. Governor, and the general business of legislation ter, not only in himself having removed the seat was entered upon by the Legislative Assembly. of Government to the Shawnee Mission, but in
But, after a few days, the Assembly resolved to again removing it to Pawnee City. If there was adjourn to another place in the Territory. A law any departure from the letter of the law, therewas accordingly passed, against the consent of fore, it was his in both instances. the Governor, but in due form otherwise, to re- But, however this may be, it is most unreason. move the seat of government temporarily to the able to suppose that by the terms of the organic “Shawnee Manual-labor School" (or mission), act, Congress intended to do impliedly what it and thither the Assembly proceeded. After this, has not done expressly--that is, to forbid to the receiving a bill for the establishment of a ferry at Legislative Assembly the power to choose any the town of Kickapoo, the Governor refused to place it might see fit as the temporary seat of its sign it, and, by special message, assigned for deliberations. That is proved by the significant reason of refusal, not anything objectionable in language of one of the subsequent acts of Con. the bill itself, nor any pretense of the illegality gross on the subject, that of March 3, 1855, which, or incompetency of the Assembly as such, but in making appropriation for public buildings only the fact that the Assembly hud, by its' act, of the Territory, enacts that the same shall not transferred the seat of government temporarily be expended “until the Legislature of said Ter: from Pawnee City to Shawvee Mission. For the ritory shall have fixed by law the permanent seat same reason he continued to refuse to sign other of government.” Congress, in these expressions, bills, until, in the course of a few days, he, by does not profess to be granting the power to fix official Message, communicated to the Assembly the permanent seat of government, but recognizes the fact that he had received notification of the the power as one already granted. But how? termination of his functious as Governor, and Undoubtedly by the comprehensive provision of