The Arkansas advocate., 1835-11-13

l f-- Nt-St~ '
 after them tho power to pass all laws pre-.
 paratery to the conversion ei eefnl6aial
 into 3 State government.
 l The tje4ly by which Louisiana was
 ceded 10 the United States, though, uadodbt. ledly, for many important purposes, q part ol tie supreme law, must, therefore, ba Laid out oI the present question. Ii is tue, that the third article "inpusas on tiio United Stales, as . nation, the duty of inco9orat- l iag the inhabitants of the ceded Territory, into the Union of the United States, and of admitting them Us soon us possible, ac- cording to the principles of the federal con- stltution, 10 the enjoyment of all the rights, advantages and imnunities ofcitizens of the 1 United States and, in the mean time, they arc to be maintained and protected in the 1 free enjoyment oftheif liberty, property, and the religion which they profess. 4 sd 1t must also be admitted that Congress, by the seventh section oftbe act Of the 2dof March, ls85, providing for the government of the Territory of Orleans, have construed this ar tiels as pedging the faith of the United States, to admit the inhabitants of Louisiana into tho Union of the American States, as m independent State, or States, and on the footing of the original States, wheneverthe proper number of free inhabitants shall be found therein; thereby removing all doubt 1 as to the true intent of this article, and adopting that construction of it's terms, ua. derst0od to be now conlcnded for, by the citizens of Arkansas.
 Before meeting with tliis legislative expo faf 4e elaslon, that the construction proposed by the Governor of Arkansas, in his printed address, was too harrow, and that the lan- gnage and manifest design of the provision required the other and more liberal inter- pretation. Many reasons might be assign cd for this opinion; but, after the distinct recognition of it's justice, contained n the act et, l805, deem 1t needless to dwell on this point.
 But though the treaty engages that the inhabitants of the ceded Territory, shall, at the earliest practicable period, be duly ad- nitted as States, into the Union; and though this engagement has been, and yet Is, obligatory and-involable, ii by no means follows, that t can be carried into effect, without the consent of Congress. On the contrary, like all other treaty stipalaticns, which require, to their complete execution, the enrichment ol suitable laws, it's actual iule1l,neat exclusively depends oa the egis. latiYe department. Tie United States, in their national character. are bound by the stipulation; and it Is their duty to pass the laws and take all the other steps which are necessary 10 is faithful execution. But those laws and other steps can only be passed and taken, through the organs prescribed by the federal constitution. And, if lie depart. ment which, under the constitution, pos sessas the exclusive power of legislation,
 improperly refuses or omits to pass the na- cessary laws, the stipulation, so far as it's iulflment depends oa Legislation, must nc. cessarlly remain uaexecated. Such q re- lusal, or omission, would indeed, violate the treaty, and many serious consequences might, therefore, grow out of it. but so long as persisted in, the inhabitants would ne- cessarily be excluded from the Union. The obligatory force of the treaty stipu- lation Is, therefore, to be carefully disyin. gaished from the proper mode of carrying il into effect. The obligation must De ad- mitted, and 1t cannot be doubted, will be faith fully fulfilled; but, so far as legislative enact lnents are neeessary to carry il into effect, they must be nude by the Congress Of the United States, and cannet b. supplied by any other department o the general gov- efnmeut.
 Nolaw has yet been passed by Congress, which either expressly or implicitly gives the people of Arkansas, the authority to form State Government. For the reasons aboyeslated, am, therefore, of opilon, tlat the inhabitants of that Territory, have not, at present, and that they cannot acquire, otherwise than by an act ol Cong ess, the right to form such q government.
 But am not prepared to say that all the proceedings on tais subject, on the part of citizens of Arkansas, Will be illegal. They undoubtedly possess the ordinary privileges and lmmlutIes Of citizens of the Unlted States. Am5ng these ls inc right of the people q peaceably 10 ass slnbe, aad peti- llon the government for the redress of greV- ances. h tie exercise of this right, the inhabitants of Arkansas may peaceably meet together in primary assemblies, or Ill Conventions chosen by such assemblies, for the purpose of petllioning Congress to abro- gate the Territorial government. and to ad- init them into the Union, as all independent State. The particular form which they may give to their petition, cannot be mate rial so long as they coafine thems lives 10 tine mere right of petitioning, and conduct
 Fl fheai o,.padi 1frs it, tJa nlaunar