The Arkansas advocate., 1835-10-23

snos instIuhent, most certainly have pre-. scrlbed the basis or fundamental principles for such system; but those sages we'll knew that colonial government, at best. was but amelorated slavery, and, in respect to the rights ofthe citizens, refraiiled from ore. sc1bng any rule of action to the new com. muhty, leaving them wholly untransn,clea to select their own time and manner of ad. mission. To admit the principle, that a Territory could not make the first propesi. tldfi Tn the matter, even were the right fo' sovereignty Tn her people, and her right to admission doubted, would be an extension of tic inability in communities to make contracts and stipulations for their securi- " and for the improvement of their po- lltical condition, not heretofore known to exist. Even slave has the right to stip ulate with his master for his freedom, and to propose the terms upon which he wish. es It granted. community then, possesss Ing many acknowledged political rights and powers, would surely have the power and right to treat for more, without first lmplorlHg the higher power for an endow- ment of sovereignty to enable her to make valid contract. Arkansas, then, as political community, organized under the supervision of Congress, even were there no constitutional or written guaranties in 1 her favor, would have the right to form constitution and present herself as cal1- dldate for admission among the other states; though In this case they would have the po- iltlcal power to reject her. In ours, es it exists, they have no right to reject us--pos- sesslng only the naked power without right, which 1t IS not presumed would be exer- eised to our prejudice under the eye and with full knowledge of all the Nations pledges on that subject. Your committee fully admit, that the weight of precedent, if precedent in such case be entitled to weight, points to mode somewhat different from the one designed to be proposed in this l case, but those precedents have been pro. duced from circumstances, variant from ours -the people in those cases, preferring different mode themselves. In the mode al- iuded to, Congress have passed acts, as your committee believe, by the request of the people thereof, authorizing territories to form constitutions, and fixing the ratio of representation in the peoples convention for that purpose. But that acts of Congress have been passed for that purpose, where the people were willing to abide by that mode, does not prove that no other manner can be legal or correct; nor do those acts of Congress fixing the representation Of the people in the convention, matters which of right belong exclusively to the people them. selves, argue much iii favor of the doctrine that Congress, which is but delegated pow CT itself, must first confer upon tho people sovereignty, or their acts would be void.- For Congress to prescribe how many mem. bers should sit in our Convention, and which counties should elect them, as done in sev- eral cases of the other " new States" would be an unjust curtailment of the most cher- ished rights of the people. This, whether one mode or the other be pursued, is one of the exclusive rights reserved to the people, and which can be lawfully exercised by no other power, unless by their consent. Me- sertheless, in the opinion of your committee, the true construction of the entire subject is resolved into this, that the first proposition for " admission" into the Union, may be properly made either by Arkansas or the United States that Congress may pass a law declaring her willingness that Arkan-
 
 State, which, when Arkansas assents to, the matter is complete or, that Arkansas may, of her own will, form Constitution and apply for admission, which, when approved of by Congress, becomes of equal validity j; and that, in either case, Arkansas becomes legally and consttutionally one of the U. S. of America.
 In conclusion, being assured by the Exc cutive, that " any action of the Legislature, tending to urge upon Congress our final ad. mission, in the speediest manner, shall re- ceive" his "decided support" and that he now feels it to be his s duty to forward this important object, by all the means compe- tent to be used by the Executive power of this Territory ; and there being now no farther room to doubt as 10 the preponder- ance of {" the tide of popular opinion in fa- vor of State Government" the people hav- ing already " "wlled it." your committee are decidedly of the opinion, that prompt and speedy action on this all-absorbing question, is highly expedlent and proper. All of which is respectfully submitted, together with the following resolution
 ] Kesolred, That the Report of the Joint Commit tee, to whom was referred so much of the Govern ors Message as relates to the subject of State Gov ernment, be concurred in and that this General l Assembly, in the most speedy manner, prescribe | time and mode for the organization of Convention to frame Constitution and system of Government for the people of Arkansas, preparatory to their admission in,o the Union as one of the United States