Show rn we the under undersigner undersigned signed members of the of rip rep of kansas territory bel bei believing leving tha the organic ac c organizing the said baid tt garf givs s this house houst rie nie r i to oust any member from this his uluse huse who hag bag received je a certificate from trem the governor that th thia this t a hons 1 I 1 cannot eo go behind rhe the election cail call d by the governor ani andt I 1 con ider any claims basked balked on a prior election we wani we u id I 1 therefore against such inch a and ask ek t thib bl protest to te be spread upun the jont ml of t hn h nou nod i JOHN I 1 villi WILLI aili Alki JESSE 1 i AUGUSTUS I 1 va KD D T yop I 1 lund aate vate late tate cf ef july 6 the 0 juninal contains a I 1 from the th governor to the dittwe of representatives or the territory of Kan kahsai sai resuming house boure billt bill entitle ts gan an act ct to remove uhe the seal real of govern government to t the shawnee manual labor libor school in theft he of kawas kamas together wah wih ma hia oba 1 while the gwm owr in assigning his reasons for tor returning the bill bil labors to pro e that the legislature had transcended its authority I 1 under tiie llie organic acty act in adopting this particular I 1 measures and nd argues argue against its expediency expel enny ency on oil the score store of the iose lose of time and money in removing to a place the fhe gussion sess ion lon lie ile clearly and distinctly recon the council Cout icil and house of representatives as constituting the of the territory of kissag elected and organized in conformity with th the tha 9 act cf of Con gree grce creating the territory I 1 the reasons of the governor for returning re the bill were wet I 1 spread upon the lounial jour Jou nial mail nall ands andy and upon reconsider reconsideration atlon it was passed by a two thirds vote in each branea irana of the tee legislature lesi Lesl slature lature and arid tirus thus became the law of orthe the land ithe th objection objections of the governor to the contrary dinga I 1 I 1 on the same barne day the following fol fal lowing resolution was adopted by both houses 0 I 1 I 1 resolved 3 by the kiotie of the territory 1 of kansas the council concurring therein that the I 1 legislature of aid said ald territory do adjourn on the esth dar day of i july AP AD IM 1855 to mt moret again arun on monday the dav lay 1 of july 1855 1555 at 2 pm at the sharriee mannal mannai labor school in the aid said ald territory Terr lory i and on the th same day the following was also aso kio adopted by both houses resolved that a committee of 0 three be appointed c s 1 4 1 I 1 I 1 11 1 4 the part of the council to act in conjunction wit with it a committee on the lre ire lie bartot the tiie of representatives to inform his excellency the governor that the legislative will adjourn this to meet on monday the ansti at the amanual labor school in the tiie territory of kanas 2 I 1 on the of july the two giones in pursuance of the at the shawnee manual calr t school hwi known as shawnee lin mission slon sion and proceeded to the discharge of their agi dulieb in the meantime I 1 the governor had also repaired to shawnee Mis Mii siony slony aion alon it boans detig the place ir of hii bli residence in tile tire territory and the feal beal heal of the executive offices es as established d and continued 1 darlng darlne the whole period lie he exercised the executive cul tive functions function on the of july a amess masses ge was received from the nor by his private secre mr lowry directed 6 n ru the house 0 of representatives vt of atje cie territory of kansas basli basir in which be he say I 1 41 1 I returns return to your house in which tilty originated the bill entitled an can act to prevent the sale saale of int ilear and games of chance within one mile of the shawnee I 1 manual labor labon school in the tho t he territory of kansas is I 1 and ani the bill entitled an gan act tn to establish a ferry at the town of atchison in kansas T territory without my approval I 1 see cohins in the bills r to prevent reeni my sanction sanc tien of them and my lesions for diz approval disapproval have been doubtless anticipated by you as nece dece Marily re suiting alting from tiie tile opinion ex presed expensed lit tit my message of the gih in instant tant 1 the governor then proceed proceeds to argue the question at great greal lengthy length whether the I 1 now in at a place which can be recognized as a seat scat rt tit govern ments where the business of legislation can be legally locally or legitimately carried ons on ony ile he does docs not austion qu stion the fairness fair fal moes roes and legality of the elections of the members the Legislature nor the tile regularity and validity of their thein organization nor their competency a a legislature to pass all laws which they aly may deem n bemary and proper for the best interest of the people of kansas provided it shall b bl doner done at the right place upon this thi point he fayr say i ayr git it to 10 plain that the legislatures legislature now in ses shina ion lon so 80 far as the placa ix Is concerned Is in tf t f the act of congress and where they they have no tight right to bits sl and make mate no valid legislation entertaining these views I 1 can give glee no to any bill that may be passed and land if it my myrea song iong are arc not satisfactory to the leg lve lva assembly it follows that we must act independently to each other in conc conclusion lulon the governor sayf says gif it I 1 am right in these opinions aud and our territory shau shan dirlje no nr fruits from the be of the it present legislative assembly I 1 shall shail at b basti asti bace bare the satisfaction of recollecting that I 1 called the attention of the assembly Assem Assern NY lly liy in to the point before they removed and that the cespon icv ity therefore reals riot not oil on the executive 1 the tha Goven governor lor kor having thus suspended au all official clai clat intercourse I 1 with the two branches of the legislature legislatures refusing to examine their acts with a view of either cither approving or disapproving them they appointed a joint committee if f the two houses to draft a memorial to 0 the president of the tha united state states asking his demova removal I 1 irom from the obre onke of Govern governer fir which memorial was signed by the presiding pre eiding tiding officers c and members in joint session the memoria fists after reviewing the cause which had led to uch such serious tre tie rlou riou an ani I 1 vindicating ting the right of the legislature under the organic act to remove the seat of government from pawnee city to shawnee Shiw nee concluded as fol 1 ws in conc ruslon we charge the governor governors A IT heeder reeder with lih wilful neglect of the interests oatlie of the territory with by all mean in his power to the enda nd and objects intended to be accomplished by the tiie kan akan pas yaa and nebraska bill by neglecting the public interests and making them subservient to private peculation speculation by alding and encouraging persons in and ini treasonable opposition to the wishes of the mijo majority rItY ot of the tile citi zens lens of the territory and arid the laws of the united states slates la in force in sald eald territory by encouraging persons to it violate 0 the laws of the uni united state and set tet s al t defiance the commands of the general genera government govern meni by inciting to resist the laws whim may be passed by the pres ent tnt legislative assembly A of this territory for these and many other oilier reason we respectfully pray pra your excellency to remove the fairl paid A n U reeder from front the tile exercise of the function functions now held heid by him in said bald territory and represent that a et continuance of the fame same will be prejudicial to the best interests of the said territory aud and as in duty bonnal we will ever pray kc ac I 1 I 1 signed by the officers and members of both houses on the of august guv gov reeder addressed a note I 1 to 0 the department of state acknowledging tile tiie receipt of a communication from the acting secretary under date of 0 the of jul in which he tie was that in con 6 of your tour governor reeder heeder purchase of kartas hartai Kar fas das halt half treed breed lands rands and mine mire especially uie the undertaking of sundry sundi amidi I 1 persons yourself youre youra elf elt included to lay out new cities on ion military or other reservations in the territory of or kansas and more particularly am you have summoned the legislative assembly of the territory til tit meet at one of the places referred toa to denominated in your off omm iclal official proclamation t pawnee city I 1 have bave therefore eq by the direction of the tha president to notify you yon that your functions and arid authority as governor of the territory of kansas are hereby terminated on the of august tho th journal of the home nome of represent tives sya gys the following messa message ge was received from gov an A IT Ite lue eder dr by mr Lowry his private secretary tt to thy thi honorable the bemb irs ri of the Co council lancil and house of representatives or the territory of kansas kantas gentlemen although in my message to your bodies under date of the instant I 1 stated that I 1 was wa unable t convince myself of the legality of your sessions at this I 1 lace luce for then given and abd although that opinion still till remains tm unchanged changed et as a myrea my reasons sons sous were net not satisfactory body and anti the bills passed by your houses have been cp up to this time sent to rne lue for approval it Is proper that I 1 should inform yon that after your adjournment of yesterday I 1 received official hotl cation callon that my functions as governor ot of the ti of kansas were terminated no successor having arrived I 1 secretary secre tary woodsen will of course perform the detles of the office of acting governor A II 11 reed nEED needer reeder KR inasmuch as governor reeder dissolved dlf dif solved ilis ills Ofil official cial clai relations with the legislature and denied the validity of their acts solely sorely upon the ground that they were enacted in lit the wrong place it becomes material to inquire whether it was competent for them under the tha organic act net to remove the tiie seat of government govern rovern nent temporarily from front pawnee city to the shawnee sty Sti awnee the ath section of or the organic act provides provider that ithac the legislative power of the territory shall extend 13 q all rightful suba acts of legislation consistent with the constitution of the united states stales and the cf cr this act that the tin location of the reat seat of gavern government ment and the changing of the same whenever the public interests aal ani convenience may require it iti ii a rightful subject of legislation Is too plain to admit of argument hence nence the rower rawer Is clearly included la this general grant grants and may I 1 be exercised at pleasure by the legislature unless it shail shall be mide mke mue to appear that confess Cong res by some other ether provision hm has imposed or conditions upon can its e the section orthe of the organic act provides 9 that the timp tomp temporary seat of governa nt of sald bald ter I 1 r rs toty tory tery tory Is hereby heneby locatell loca teti teil at fort ily lit and that ilch irek mich tieh portions of the tile i 1 as may not be actually used and n eded for military purposes may be occupied I 1 and under the direction of the governor and legislative assembly for such puri purt purposes loses as may be re q tirel under the provisions of this act and the section ot of the same act provides 4 thai that the persons thus elected to the legislative at A t i ably dball meet at pam placa pan uan and on uch such day as the governor shall appoint for the first rueel incel ing lug these two provisions being parts of the fame act and having hiring reference rete refe renca to the same game matters matter mut must be taken together togs ther and receive such a construction as will give fuli foil effect to each and not render renier either nugatory satry nu while therbor ther eor the governor was authorized to convene the legi leel lature in the arst lo instance stance at such place is as lie should appoint still he was wag required by that pro cislon which made fort leavenworth the temporary seat of government ment with the view of wing some borne of the tha public to dg designate as thep thop jAcc face soum anc 0 tha th rab rub I 1 lie ile the military reservation ot of fort yort leav lear had hail not congress in the the meantime interposed Inter lnier and changed hs file law a here presented tiie rite governor would not nol have havu been authorized to have cony convened ened ined tle tie 11 e legislature at pawnee am any other place in the territory terri terni tory tort than some one of the I 1 at fort lea ina arih as provided in the organic act in view of the fact that the secretary of war had bad intimated T t d an opinion that all the public buildings at fort pert le ven ren or th were needed for military purpose and anil that the location ot of the feat teat of government eten even temporarily within the lines iines lin of a military re reservation where the military law must mua necessarily nece MrIly evail iT revall evall would be inconvenient if not injurious to the public service the following provision wila was nil nii adopted opted in the appropriation bill ef of the alb of august 1854 1814 fur for the purpose of enabling the governor to erect I 1 gr gufor lor for the temporary seat ot government nt lit some more mure fui Ful suitable table tabie and convenient point in tit the territory that in the event that the secretary of war var shaa deem it Incon inconsistent tam fam lam with will be the interest of or 11 the service I 1 to furnish a sufficient portion of the military building buildings at fort lor leavenworth Leavena orth tor for the use of the orbil I 1 government of kansa the fum rum of shall hall be and in that contingency Is hereby appropriated for the erection of public bul lilii gs for the use iseff of the legislature legis laiche of the tile territory of kanas kansas to be expended exp eap noted the direction of the governor r ft rf f said territory 3 under this provision taken in connection with that clause of the organic act which authorized the governor to convene the legislature at such place as he should appoint he would have had bad the right to establish the temporary seat beat of government and erect the public buildings ing at pawnee city or any other place he be might have selected in the territory instead or of fort leavenworth but forthe tor for the fact that og on the ad of march match 1855 and before any ans n portion of the money hal bait been expended or even the site rite selected relic selic ted cengr Con congress gr made a further appropriation of for public I 1 buildings with the hie proviso that bail ball money or any adv part patt art thereof or any portion of the money heretofore appropriated for this purpose shall not riot be expended until the legislature of sald said territory shail have fixed by law the permanent seat of government govern ern ment this thi provision did not confer unon upon the legislature any power inri si ct to the location of the best beat of government either temporarily or permanently 2 which it did not pre vl vi busly possess pot poa bess sess for nor the general grant extending to all ali rightful subjects of legislation necessarily included the right to determine the place of holding ita its sessions sees sets lons ions the object objects as well as Bs legal effect of this thin provision wa was to restrain the governor irom expending the appropriation until the voice of the people of 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