The Arkansas advocate., 1835-11-13

7 that purpose bsilg passed uader the claust of he constitution which declares tha Coagress sadi have power 10 dispose of all mfke all neadidl rules aud regulation. respecting the territory, or other property belonging to the United States The pow CTS of all the departments of the Territeria government, executive, and legislative, anc Judicial, are darived from this ta@. and can 9li9 as exercissd ia the manner, and with. .!l tse iials. pfessrbeI by it's provisions.
 TAe legislative power is vested in Gene f;ti Assembly composed of two branches, the Legislative Council, and the House of Representatives, both of which are elected by the people. The act providing for the government of the Territory of Missouri, approved June 4th, 1513, and which Is adoptedinth the laws relating to Arkansas, as defining the powers of the Legislative de- Partment, declares that the General As. sembly shall have power to make laws, n all cases, both civil and criminal, for ttp good gorerament of the people of said Territory, not rePugnant to, or inconsistent with, the constitution and laws of the U. S. This part of the law Is to be taken in connection with the other provisions contained in it i; and when so considered, 1t will De seen that the whole law was designed to accomplish the single purpose of organizing a tenpdra- ry Territorial government, which was in- tended to remain subject, al all times. to the control of Congress, under the authority conferred upon 1t by the Constitution of the Uniied States. In the exercise of this au- thofity, Congress may, at pleasure, repeal or modify the laws passed by tho Territorial Legislature, and may, at any time, abfogate and remodel the Legislature itself, and all the other departments of the Territorial government.
 To suppose that the legislative power granted 10 the General Assembly, includes the authority to abrogate, alter or modify the Territorial government, established by the act of Cong ress, and of which the assem. bly, is constituent part, would be manifest ly absurd. The act of Congress, so far as 1t IS consistent with the constitution Of the [. States, and with the treaty by which the Territory, as q part of Louisiana, was eeded 10 the United States, is the supreme law of the Territory itis paramount to the power of the Territorial Legislature, and can only be revoked or altered by the power from which 1t emanaled. The General Assem- bly, and the people of the Territory, are as much bound by it's provisions, and as inca- pablo of abfogating them, as the legislatures and people of the American States are bound by, and incapable of abrogatng, the constitution of the United States. It Is also a maxim ol universal law, that where par ticulaf thing is prohibited by law, all means, attempts and contriyanees to effect such thing, are also prohibited. Consequently, it Is not in the power of the General Assem- by of Arkansas, to pass any law for the purpose of electlhg members to a Convention to form Constitution and State Govern ment, nor to do any other act, directly or indirectly, to create such new government. Every such law, even though it were ap- proved by the Governor of the Territory. would be null and void: if passed by them notwithstanding his veto, by vote of two- thirds of each branch, it would still be equal. ly void.
 If am right ia the foregoing opinion, it will then follow that the course of the Gov. ernor, in declining to cali together tic Fer ritoria legislature, for the purpose in ques- tion, was such as his legal duties required j; and that the views he has expressed in his public address, and also in his official com munication to yourself, so far as they indi- cate an intention not to sanction or concur in any legislative or other proceedings towards the formation of State Govern- meut, until Congress shall have authorized 1t, are also correct.
 2ad. Tie questions which refer them- selves to the second general head, are more difficult, and the considerations which must govern their decision, more numerous and complex but the conclusion to which my reflections have brought me, with the pro- ninent reasons on whicl 1t Is founded, can be stated without much prolixity.
 The ihird section of the fourth article ol the const tuition of the United States, de- carsstaat new States may b. admitted by the Cong ress into the Unioa, but that no new Siate sliaIl be tarthed or erected within tlie
 i.sizion of any otlier Ssaie, nor any s5tate .ofmed by tle junction of two or more 5la4s of parts of States, without th con- ssat If the Legislatures Of the States coa- cefaet a5 well as of Congress. This pro- vision ilapi.es that the new State shall have been constituted by the settlement of q con- s.itution, or frame of government, and by the appointment of those official agents which are indispensable to its action as a State, and especially to its acton as a member of the Union, prior to its admission |