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the naturaland inevitable consequences of such ex: 'sponding tally-lists, and if the tally-lists shall agree, traordinary systems of emigration, which divided the judges shall then publicly proclaim the result, and arrayed the settlers into two great hostile and shall make up and sign duplicate certificates parties, each having an inducement to claim more in the form prescribed; and shall certify, under ihan was his right, in order to hold it for some their oaths, that the certificate is a true and cornew comer of his own party, and at the same rect return of the votes polled by lawful resident time prevent persons belonging to the opposite voters. party from settling in the neighborhood. As a The proclamation also provides that the tickets result of this state of things, the great mass of or votes polled shall, after being counted, be emigrants from the northwest and from other again deposited in the box, together with one States who went there on their own account, copy of the oath, and one list of the voters, and with no other object and influence, by no other one tally-list, and one certificate of return; and motives than to improve their condition and se- that the judges shall seal them up in the box, and cure good homes for their families, were compel.carefully preserve the same until called for by led to array themselves under the banner of one the governor of said Territory, in the event of of these hostile parties, in order to insure protec- its correctness being contested ; and that the retion to themselves and their claims against the ag. maining copy of the oath, list of voters, tally-list, gressions and violence of the other.

and return, will be taken by one of the judges, At the first election held in the Territory, on who shall deliver the same in person to the govthe 29th day of November, 1854, for a delegate ernor. to Congress, J. W. Whitfield was chosen by an The proclamation also provides that, “In case overwhelming majority, having received the any person or persons shall dispute the fairness votes of men of all parties who were in favor of or correctness of the return of any election-disthe principles of the Kansas-Nebraska act, and trict, they shall make a written statement, directopposed to placing the political destinies of the ed to the governor, and setting forth the specific Territory in the keeping of the Abolition party cause of complaint or errors in the conducting or of the northern States, to be managed through returning of the election in said district, signed the machinery of their emigrant Aid Compa- by not less than ten qualified voters of the Terrinies. No sooner was the result of the election tory, and with an affidavit of one or more qualiknown, than the defeated party proclaimed fied voters to the truth of the fact therein stated; throughout the length and breadth of the repub- and the said complaint and affidavit shall be lic, that it had been produced by the invasion of presented to the governor on or before the fourth the Territory by a Missouri mob, which had over- day of December next, when the proper proceedawed and outnumbered and outvoted the bona ings will be taken to hear and decide such comfide settlers of the Territory. By reference to plaint.” the executive journal of the Territory, which By reference to the executive journal of the will be found in the papers furnished by the Territory, we find the following entry: President of the United States in response to a December 4, 1854.-The judges of the several eleccall of the Senate, it will be found that Governor tlon districts made return of the votes polled at the Reeder, in obedience to what he considered to be election held on the 29th day of November last, for a a duty enjoined on him by the act of Congress or delegate to the House of Representatives of the United ganizing the Territory, on the 10th day of Novem- States; from which it appeared that the votes in the ber, 1854, issued a proclamation, prescribing the said several districts were as follows, to wit:” time, place, and mode of holding the election, and Here follows a list of the votes cast for each appointing by name three citizens of the Territory, candidate in each of the seventeen districts of the residing in each election district, to conduct the Territory, showing that election, in such district, together with the follow

J. W. Whitfield had received 2,258 votes. ing oath, which was taken by the judges before All other persons received

575 entering on their duties, to wit:

And on the same page is the following entry : “We do severally swear that we will perform our

December 5, 1854.-On examining and collating duties as judges of the election, to be held this day, the returns, J. W. Whitfield is declared by the governin the - -- district of the Territory of Kansas, to or to be duly elected delegate to the House of Reprethe best of our judgment and ability ; that we will sentatives of the United States, and the same day the keep a correct and faithful record or list of persons certificate of the governor, under the seal of the who shall vote at said election; that we will poll no Territory, issued to said J. W. Whitfield of his electicke's from any person who is not ao actual bona fide tion." resident and inhabitant of said Territory on the day

It nowhere appears that Gen. Whitfield's right of election, and whom we shall not honestly believe to be a qualified voter according to the act of Congress to a seat by virtue of that election was ever conorganizing said Territory; that we will reject the votes tested. It does not appear that “ten qualified of all and every non-resident whom we shall believe voters of the Territory” were ever found who to have come into the Territory for the mere purpose were willing to make the" written statement di. of voting; that in all cases where we are ignorant of rected to the governor, with an affidavit" of one the voter's right, we will require legal evidence or more qualified voters to the truth of the facts thereof, by his own oath or otherwise ; that we will therein stated,” to “dispute the fairness or cormake a true and faithful return of the votes which shall be polled to the governor of the said Terri- rectness of the returns," or to “ set forth specific tory."

cause of complaint or errors in the conducting or

returning of the election," in any one of the sevThe same proclamation pointed out in detail enteen districts of the Territory. Certain it is, the mode in which the election should be conduct that there could not have been a system of fraud ed; and, among other things, that the polls will and violence such as has been charged by the be opened for reception of votes between eight agents and supporters of the emigrant aid socieand ten o'clock, a. în., and kept open continually ties, unless the governor and judges of election until six o'clock, p. m.; that the judges will keep were parties to it; and your committee are not two corresponding lists of persons who shall vote, prepared to assume a fact sù disreputable to them, numbering each name: that when a dispute and so improbable upon the state of facts prearises as to the qualifications of a voter, the judges sented, without specific charges and direct proof. shall examine the voter or any other persons, un. In the absence of all proof and probable truth, der oath, upon the subject, and the decision of the charge that the Missourians had invaded the a majority of the board will be conclusive; that Territory and controlled the congressional elecwhen the election shall close, the judges shall tion by fraud and violence, was circulated open and count the votes, and keep two corre throughout the Free States, and made the basis

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of the most inflammatory appeals to all men op- whom, by the organic law of the Territory, the posed to the principles of the Kansas-Nebraska legislature was to be composed. On the 17th act to emigrate or send emigrants to Kansas, for day of April the governor issued his proclama; the purpose of repelling the invaders, and assist tion, summoning these thirteen councilmen and ing their friends who were then in the Territory twenty-six representatives, whom he had comin putting down the slave power, and prohibiting missioned as having been fairly elected, to assem. Slavery in Kansas, with the view of making it a ble at Pawnee City on the 2nd day of July, and Free Siate. Exaggerated accounts of the large organize as the legislature of the Territory of number of emigrants on their way under the Kansas. auspices of the enigrant aid companies, with the It appears from the journal that the two view of controlling the election for members of Houses did assemble, in obedience to the Goverthe territorial legislature, which was to take nor's proclamation, at the time and place ap; place on the 30th of March, 1855, were published pointed by him; and, after the oath of office had and circulated. These accounts being repub- been duly administered by one of the judges of lished and believed in Missouri, where the ex: the supreme court of the Territory, to each of citement had already been inflamed to a fearful the members who held the Governor's certificate, intensity, induced a corresponding effort to send proceeded to organize their respective houses by at least an equal number, to counteract the ap- the election of their officers ; and each notified prehended result of this new importation. Your the other, by resolution, that they were thus duly committee have not been able to obtain definite organized. Also, by joint resolution, appointed and satisfactory information in regard to the al- a committee who waited on the Governor, and leged irregularities in conducting the election, informed him that “the two houses of the Kan. and the number of illegal votes on the 30th of sas Legislalure are organized, and are now ready March ; but, from the most reliable sources of to proceed to business, and to receive" such information accessible to your committee, in communication as he may deem necessary. cluding various papers, documents, and state. In response to this joint resolution," a message ments. kindly furnished by Messrs. Whitfield from the Governor, by Mr. Higgins, his private and Reeder, rival claimants of the delegate's seat secretary, transmitting his message, was received, in Congress for Kansas Territory, it would seem and ordered to be read." that the facts are substantially as follows:

The message commences thus : The election was held in obedience to the proclamation of the governor of the Territory, which " To the Honorable the Council and House of Repreprescribed the mode of proceeding, the form of sentatives of the Territory of Kansas : the oath and returns, the precautionary safe. Having been duly notified that your respective guards against illegal voting, and the mode of bodies have organized for the performance of your ofcontesting the election, which were, in substance, ficial functions, I herewith submit to you the usual the same as those already referred to in con- executive communication relative to sujecis of legis. nection with the congressional election. When lation, which universal and long-coutinued usage in the period arrived for the governor to canvass the analogous cases would seem to d-mand. although no returns, and issue certificates to the persons Congress which has brought us into official existence, authority to pass laws which would be binding other, to have been the ground on which he preupon the people of Kansas. On the first day of sented a certificate in one instance, and in anthe session, and immediately after the organiza other ordered a new election in reference to tion of the house was effected, the following Re- other districts." But while the minority report solution was adopted :

express requirement of it is to be found in the act of elected, it appeared that protests had been filed and prescribed our official duties. against the fairness of the proceedings and the “The position which we occupy, and the solemn correctness of the returns, in seven out of the trust which is confided to us for originating the laws eighteen election-districts into which the Terri. and institutions, and moulding the destinies of a new tory had been divided for election purposes, al. republic in the very geographical centre of our vast leging fraudulent and illegal voting by persons with a deep and solemn sense of the heavy responsi

and magnificent confederation, cannot but impress us who were not actual settlers and qualified voters

bility which we have assumed, and admonish us to of the Territory. It also appears, that in some of lay aside all se fish and equivocal motives, to discard these contested cases, the form of the oath ad- all unworthy ends, and, in the spirit of justice and ministered to the judges, and of the returns made charity to each other, with pure heurts, temby them, were not in conformity to the proclama- pered feelings, and sober judgments, to address our; tion of the governor. After a careful investiga. selves to our task, and so perform it in the fear and tion of the facts of each case, as presented by reverence of that God who oversees our work, that the returns of the judges, and the protests and the star that we expret to add to the national banner allegations of all persons who disputed the fair shall be dimmed by no taint or tarnish of dishonor,

and be subject to no reproach save that which springs ness of the election and the correctness of the from the inevitable fullibility of just and upright returns, the governor came to the conclusion men.” that it was his duty to set aside the election in these seven disputed districts; the effect of which The Governor, with the view to the “ascertain. was, to create iwo vacancies in the council, and ment of the existing law” in the Territory, pronine in the House of Representatives of the Terri- ceeds to trace the history of all legislation affecttory, to be filled by a new election ; and to change ing it since the country was acquired from the result so far as to cause the certificate for one France, and advises the legislature to pass such councilman and one representative to issue to laws as the public interest might require upon all different persons than those returned as elected appropriate subjects of legislation, and particuby the judges. Accordingly the governor issued larly the Slavery question, the division of the his writs for special elections, to be held on the Territory into counties, the organization of coun; 24th of May, to fill those vacancies, and, at the ty courts, the election of judicial and ministerial same time, granted certificates of election to officers, education, taxes, revenues, the location cleven councilınen and seventeen representatives, of the permanent seat of government, and the or. whose election had not been contested, and whom ganization of the militia, as subjects worthy of he adjudged to have been fairly elected. At the their immediate attention. special election to fill these vacancies, three of From this message, as well as from all the ofthe persons whose election on the 30th of March ficial acts of the Governor preceding it, having had been set aside for the reasons already stated, reference to the election and return of the memwere re-elected, and in the other districts different bers and the convening of the two houses for lepersons were returned ; and the governor having gislative business, the conclusion is irresistible, adjudged then to have been duly elected, ac- that up to this period of time the Governor had cordingly granted them certificates of election, I never conceived the idea-if, indeed, he has since thus making the full complement of thirteen entertained it—that the two houses were spurious councilmen and twenty-six representatives, of and fraudulent assemblies, having no rightful

affirms the right of the governor to go behind

the returns and investigate irregularities and ille" Resolved. That all persons who may desire to con: gal voting at the election, as well as deficiencies test the seats of any persoas now holding certificates of in the forms of the returns, and asserts that he election as members of this house, may present their did exercise this right in each case in which he prote-ts to the committee on credentials, and that notice thereof shall be given to the persons holding granted or withheld a certificate, it maintains such certificates."

that the governor's decision, as evinced by his

certificate, was final and conclusive and could On the 4th day of July, (being the third day not be reviewed, much less reversed, by either of the session, the majority of the committee, in branch of the Territorial legislature. So far as cluding four of the five members, reported that, the question involves the legality of the Kansas “HAVING HEARD AND EXAMINED ALL THE EVI- legislature, and the validity of its acts, it is en. DENCE TOUCHING THE MATTER OF INQUIRY BE- tirely immaterial whether we adopt the reasoning FORE THEM, and taking the organic law of Con- and conclusions of the minority or majority re. gress, passed on the 20th day of May, in the year ports ; for each proves that the legislature was 1854, organizing the Territories of Kansas and legally and duly constituted. The minority reNebraska," as their guiding star, they have ar- port establishes the fuct, by the position that the rived at the conclusions which they proceed to governor's certificate was conclusive, and that elucidate and enforce in a lengthy report. From he granted certificates to ten out of the thirteen this report, it appears that fifteen out of twenty councilmen, and to seventeen out of the twenty. two members present were permitted to retain six representatives who finally held their seats, their seats by unanimous consent, no one appear which was largely more than a quorum of each ing to contest or dispute the fairness of the elec. branch of the legislature. The majority report tion, or regularity or truthfulness of the return, establishes the same fact, by the position that in either of their cases. Hence the contest was after going behind the governor's certificate, reduced to the claims of one member who re- and carefully examining the facts, they conceived the certificate under the general election firmed these same ten councilmen and sevenof the 30th of March, and the six members pre- teen representatives in their seats, and then sent who received certificates under the special awarded the seats of the other three councilmen election of the 24th of May. In the first case the and nine representatives to the candidates whom decision of the Governor was reversed, and the they believed to have been legally elected at the seat awarded to the candidate who received the general election on the 30th of March. highest number of votes at the election of the The house, by eighteen votes in the affirmative 30th of March, and from whom the certificate had to one vote in the negative, passed a resolution been withheld by the Governor, upon the ground adopting the majority report, and declaring that of irregularity in the election and returns from the contestants “having been duly elected on the one precinct, the exclusion of which poll gave 30th of March, 1855, are entitled to their seats as the majority to the opposing candidate. In the members of this house.” Whereupon four of the other six cases, the sitting members were depriv. sitting members, whose seats were vacated by the ed of their seats; and the candidates receiving adoption of the majority report, signed a protest, the highest number of votes at the general elec- and asked that it be spread on the journal of the tion on the 30th of March, were awarded their house, which was accordingly done in the followplaces, upon the ground that the special election ing words: on the 24th of May was illegal and void, the Gov

" Protest. ernor not being authorized, by the organic law of the Territory, to go behind the returns, and

“We, the undersigned, members of the House of set aside the election held on the 30th of March. Representatives of Kansas Territory, believe the or.

ganic act organizir The said Territory gives this The minority report dissents from the reason- house no power to oust any member from this house ing, and protests against the conclusions of the who has received a certificate from the governor; that majority, and affirms the right of the sitting mem- this house cannot go behind an election called by the bers to retain their seats, upon the ground that governor, and consider any claims based on a prior the governor's certificate was not merely prima

We would therefore protest against such a facie evidence, but was conclusive, in respect to proceeding, and ask this protest to be spread upon the rights of all claimants and contestants; and

the journal of this house. hence the house could not go behind the certifi.

“ JOIN HUTCHINSON, cates of election to inquire whether there had


AUGUSTUS WATTLES, been a previous election in those districts on the

E. D. LADD.” 30th of March, and who had received the highest number of legal votes at that election. The Under date of July 6, the journal contains proposition is thus stated in the minority report: a message from the governor to the "house of 'I cannot agree that this body has the right to representatives of the Territory of Kansas,” rego behind the decisions of the governor, who, by turning "house bill entitled “Ăn act to remove virtue of his oflice, is the organizing federal arm the seat of governinent temporarily to the Shaw. of the general government, to evolve and man. nee Manual Labor School, in the Territory of age a new government for this Territory, for the Kansas,' together with his objections." While obvious reason that Congress makes him the sole the governor, in assigning his reasons for returnjudge of the qualifications for membership.” It ing the bill, labors to prove that the legislature is true that the minority report, alludes to “evi- had transcended its authority under the organic dence before the committee of great deficiencies, act, in adopting this particular measure, and arnot in the form of conducting the elections, but in gues against its expediency, on the score of the the manner of holding them, both as to the quali- ; loss of time and money in removing to a differ: fications of the judges who presided, and the re- ent place during the session, he clearly and disturns made out by them, and says there is tinctly recognizes the council and house of repre

no doubt that these illegal proceedings on the sentatives as constituting the legislature of the one hand induced the governor to withhold cer- Territory of Kansas, elected and organized in tificates from some who, from the number of votes conformity to the act of Congress creating the returned in their favor, might at the same tiine, Territory. appear to have been properly elected, and on the The reasons of the governor for returning the



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bill, was spread upon the journal, and upon re- | legislature, refusing to examine their acts with consideration, it was passed by a two-thirds' vote a view of either approving or disapproving in each branch of the legislature, and thus be- them, they appointed a joint committee of the came the law of the land, " the objections of the two bouses to draught a memorial to the Presi. governor to the contrary notwithstanding." dent of the United States, asking his removal

On the same day the following resolution was from the office of governor; which memorial adopted by both houses:

was signed by the presiding officers and memResolved by the House of Representatives of the bers in joint session. The memorialists, after Territory of Kunsus, (the Council concurring therein,) reviewing the causes which had led to such That the legislature of said Territory do adjourn on serious difficulties, and vindicating the right of the 6th day of July, A. D. 1855. to meet again on the legislature, under the organic act, to remove Monday, the 16th day of July, 1855, at 2 o'clock, P.: M., the seat of government from Pawnee City to at the Shawnee Manual-labor School, in the said Ter- Shawnee Mission, concluded as follows: ritory." And on the same day the following resolution Reeder, with willful neglect of the interests of the

“In conclusion, we charge the Governor, A. H. was also adopted by both houses :

Territory; with endeavoring, by all means in his power, " Resolved. That a Committee of three be appointed to subyert the ends and objects intended to be accomon the part of the Council, to act in conjunction with plished by the Kansas and Nebraska bill,' by neglecta Committee on the part of the House of Representa- ing the public interests and making them subservient tives, to inform his excellency the Governor that the to private speculation; by aiding and encouraging Legislative Assembly will adjourn this afternoon, to persons in factious and treasonable opposition to the meet on Monday, the 16th instant. at the Shawnee wishes of the majority of the citizens of the Territory, Manual-labor School, in the Territory of Kansas."

and tbe laws of the United States in force in said

Territory ; by encouraging persons to violate the laws On the 16th of July, the two houses assembled, of the United States. and set at defiance the comin pursuance of the adjournment, at the Shawnee mands of the general Government; bv inciting persons Manual-labor School, known as Shawnee Mission, to resist the laws which may be passed by the present and proceeded to the discharge of their legisla? Legislative Assembly of this Territory. For these, tive duties. In the mean time the Governor had and many other reasons, we respectfully pray your also repaired to Shawnee Mission, it being the excellency to remove tue said A. H. Reeder from the

exercise of the functions now held by him in said place of his residence in the Territory, and the Territory; and represent that a continuance of the seat of the executive offices as established and same will be prejudicial to the best interests of continued by himself, during the whole period he the said Territory And, as in duty bound, we will exercised the executive functions.

ever pray,” etc., etc. On the 21st of July, a message was received [Signed by the officers and members of both houses.] from the Governor, by his private secretary, Mr. Lowry, directed “ To the House of Representa

On the 15th of August, Governor Reeder adtives of the Territory of Kansas," in which he dressed a note to the Department of State, says: "I return to your House, in which they acknowledging the receipt of a communication originated, the bill entitled 'An act to prevent from the acting Secretary, under date of the 28th the sale of intoxicating liquors, and games of July, in which he was notified that “in conse. chance, within one mile of the Shawnee Manual quence of your [Governor Reeder's] purchase labor School, in the Territory of Kansas,' and of Kansas half-breed lands,” and “ more espe. the bill entitled 'An act to establish a ferry at cially the undertaking of sundry persons, yourthe town of Atchison, in Kansas Territory,' self included, to lay out new cities on military without my approval. Í see nothing in the bills or other reservations in the Territory of Kanthemselves to prevent my sanction of them, and sas,” and “more particularly, as you have summy reasons for disapproval have been, doubtless, moned the Legislative Assembly of the Territory anticipated by you, as necessarily resulting to meet at one of the places referred to, denofrom the opinion expressed in my message of minated in your official proclamation 'Pawnee the 6th instant."

City,' I have, therefore, by the direction of the The Governor then proceeds to argue the President, to notify you that your functions and question at great length, whether the legislature authority as Governor of the Territory of Kansas is now in session at a place which can be recog. are hereby terminated.” nized as a seat of government, where the business

On the 16th of August, the journal of the of legislation can be legally or legitimately car- House of Representatives says:

“The following message was received from GoverHe does not question the fairness and legality nor A. H. Reeder, by Mr. Lowry, his private secreof the election of the members composing the tary : legislature; nor the regularity and validity of To the honorable the members of the Council and their organization; nor their competency as a House of Representatives of the Territory of Kansas: legislature to pass all laws which they may “GENTLEMEN : Although, in my message to your deem necessary and proper for the best interests bodies under date of the 21st instant, (ult.) I stated of the people of Kansas, provided it shall be done that I was unable to convince myself of the legality at the right place. Upon this point he says:

of your session at this place, for reasons then given; " It seems to be plain that the legislature now in

and although that opinion still remains unchanged,

yet, inasmuch as my reasons were not satisfactory to session, so far as the place is concerued, is in contravention of the act of Congress, and where they have been up to this time sent to me for approval, it is

your body, and the bills passed by your houses have do right to sit, and can make no valid legislation,

proper Entertaining these views, I can give no sanction to ouroment of yesterday I received official notification

that I should inform you that after your adany bill that may be passed ; and if my reasons are not satisfactory to the Legislative Assembly, it follows Kansas were terminated.

that my functions as governor of the Territory of

No successor having arthat we must act independently of each other."

rived, Secretary Woodson will of course perform the In conclusion the Governor says:

duties of the office as acting governor. “If I am right in these opinions, and our Territory

" A. H. REEDER." sball derive no fruits from the meeting of the present Inasmuch as Governor Reeder dissolved his Legislative Assembly, I shall at least have the satis- official relations with the legislature, and denied faction of recollecting that I called the attention of the validity of their acts, solely upon the ground the Assembly to the point before they removed, and tbat the responsibility, therefore, rests not on the

that they were enacted in the wrong place, it beExecutive.

comes material to inquire whether it was com

petent for them, under the organic act, to remove The Governor having thus suspended all offi. the se of government temporarily from “ Pawcial intercourse with the two branches of the nee City" to the Shawnee Mission. The 24th

ried on.

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section of the organic act provides "that the of Fort Leavenworth, but for the fact that on

1 legislative power of the Territory shall extend the 3d of March, 1855, and before any portion to all rightful subjects of legislation consistent of the money had been expended, or even the with the Constitution of the United States and the site selected, Congress made a further approprovisions of this act."

priation of twenty-five thousand dollars for pub. That the location of the seat of government, lic buildings, with the proviso “that said monand the changing of the same whenever the pub- ey, or any part thereof, or any portion of the lic interests and convenience may require it, is a money heretofore appropriated for this purpose

rightful subject of legislation," is too, plain to shall not be expended until the legislature of admit of argument; hence the power is clearly said Territory shall have fixed by law the perincluded in this general grant, and may be exer- manent seat of government.” This provision cised at pleasure by the legislature, unless it did not confer upon the legislature any power shall be made to appear that Congress, by some in respect to the location of the seat of governother provision, has imposed restrictions or con ment, either temporarily or permanently, which ditions upon its exercise.

it did not previously possess; for the general The thirty-first section of the organic act pro- grant, extending to all rightful subjects of vides " that the temporary seat of government legislation,", necessarily included the rigḥt to of said Territory is hereby located at Fort Leav- determine the place of holding its sessions. enworth ; and that such portions of the public The object, as well as legal effect, of this provi. buildings as may not be actually used and need- sion, was, to restrain the governor from expended for military purposes may be occupied and ing the appropriation until the voice of the used, under the direction of the governor and people of Kansas should be expressed, through legislative assembly, for such public purposes as their legislature, in the selection of the place; may be required under the provisions of this leaving the governor to perform his whole act;" and the twenty-second section of the same duty under the 22d section of the organic act, act provides that “the persons thus elected to by appointing the place and day of the first the legislative assembly shall meet at such place meeting of the legislature, and of expending and on such day as the governor shall appoint" the money appropriated by Congress for the for the first meeting. These two provisions, be- erection of public buildings, at such place as ing parts of the same act, and having reference the legislature should designate for the permato the same subject-matter, must be taken to nent seat of government of the Territory. gether, and receive such a construction as will Under this view of the subject, it is evident give full effect to each, and not render either that the legislature was clothed with legitimate nugatory. While, therefore, the governor was authority to enact the law in obedience to which authorized to convene the legislature, in the first its session was adjourned from Pawnee City to instance, at such place as he should appoint, still Shawnee Mission; and that its enactnents, made he was required, by that provision which made at the latter place, must have the same force and Fort Leavenworth the temporary seat of govern- validity that they would have possessed had not ment, with the view of using some of the public the removal taken place. buildings, to designate as the place some one of Those who seek to find some tenable ground the public buildings within the military reserva- upon which to destroy the validity of the legislation of Fort Leavenworth. Had not Congress, tive acts of Kansas, seeing that they cannot in the mean time, interposed and changed the law, safely rely upon the alleged irregularity of the as here presented, the governor would not have elections, nor upon the absence of legal authoribeen authorized to have convened the legislature ty in the legislature to remove the seat of Govat“ Pawnee City,” nor at any other place in the ernment, flatter themselves that they have reTerritory than some one of the public buildings cently discovered a new fact which will extricate at Fort Leavenworth, as provided in the organic them from their difficulty, and enable them to act.

accomplish their purpose. It is, that by the In view of the fact that the Secretary of War treaties of November 7, 1825, and of August 8, had intimated an opinion that all of the public 1831, with the Shawnees of Missouri and Ohio, buildings at Fort Leavenworth were needed for a large tract of land, including the Shawnee military purposes, and that the location of the Mission, where the legislature held its session, seat of government, even temporarily, within and the governor established the executive of the lines of a military reservation, where the fices, was secured to those indians, with the military law must necessarily prevail, would be guaranty on the part of the United States that inconvenient, if not injurious to the public ser- said lands shall never be within the bounds of vice, the following provision was adopted in the any State or Territory, nor subject to the laws appropriation bill of the 5th of August, 1854, for thereof;" and that the 19th section of the Kan. the purpose of enabling the governor to erect sas-Nebraska act provides that“ nothing in this buildings for the temporary seat of government act contained shall be construed to include any at some more suitable and convenient point in territory which, by treaty with any Indian tribe, the Territory: “ That, in the event that the Sec- is not, without the consent of said tribe, to be retary of War shall deem it inconsistent with the included within the territorial limits or jurisdicinterest of the military service to furnish a suffi. tion of any State or Territory; but all such terçient portion of the milita buildings at Fort ritory shall be excepted out of the boundaries, Leavenworth for the use of the Territorial gov. and constitute no part of the Territory of Kanernment of Kansas, the sum of twenty-tive thou- sas." Upon the authority of these clauses of sand dollars shall be, and in that contingency is the treaties, and of the act of Congress organhereby, appropriated, for the erection of public izing the Territory, it is assumed that the buildings for the use of the legislature of the Shawnee Mission, where the legislature enacted Territory of Kansas, to be expended under the those laws, was not within the limits or jurisdic. direction of the governor of said Territory." tion of the Territory of Kansas, and hence they

Under this provision, taken in connection were null and void. Without admitting, even with that clause of the organic act which au- by implication, that the place where the legisthorized the governor to convene the legislature lature should enact its laws would to any exat such place as he should appoint, he would tent impair their validity, it is proper to call have had the right to establish the temporary the attention of the Senate to the fact recorded seat of government and erect the public build on its journal, that on the 10th of May, 1854, ings at Pawnee City, or any other place he (only a few days before the passage of the Kanmight have selected in the Territory, instead sas-Nebraska act,) a treaty was made with


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