The Kansas herald of freedom., 1855-07-14

1
provisions contrary to the principle of
popular sovereignty. Nevertheless the
bill passed, and now the then advocates
of it deny that such provisions are con-
tanned therein. believe Congress had
the power const;tutionally thus to pro-
vide for the organization of the Terrific
ry. | believe this Territory could be
organized in no other way except by an
express act of Congress. believe sueh
organizing acts when within the consti-
tuition, binding upon the people of the
Territories settled under them. Judge
Marshall says-''The right to govern
may be the inevitable consequence of the
right to acquire territory" Mr.. Justice
McKinly says: (3Howard212) Every
constitutional act of Congress is passed
by the will of the people of the United
States expressed through their represen-
tatiyes on the subject matter of the enact
ment; and when so passed it becomes
the supreme law of the land and operates
by its own force on the subject matter in
whatever State or Territory it may hap
pen to be-" Judge Tanney says: (1O
| Howard 89) "The constitution was in
the language of the ordinance adopted
by common consent, and the people ol
the territories must necessarily be regard
ed as parties to it, and be bound by it,
and be entitled to its benefits as well as
the people of the then existing States. Il
becomes the supreme law of the land
throughout the United States Hence,
she organic act, passed by Congress, the
supreme power of the land, is of binding
force upon the people of this Territory.
Where else can We look for our power
1t is said all power is in the people-that
The people of this Territory are subject
to no rule of conduct. Sir, they are sub
ject to the organic act-that is their con-
stitution. They have through their rep
resentatives passed it-they cannot now
disregard it.
The Constitution of the United States
declares that Congress has the right to
admit new States-that it has the power
to dispose of, and make all needful rules
and regulations respecting the territory
or other property belonging to the Uni
ted States-hence, this Territory, being
exclusively under the control of the Uni
ted States Government, has no rights, no
rule of conduct, except such as are pre-
scribed by Congress nor can it have,
since it is branch of that, and since it
has It's existence from it. This body,
except it be self-ereating, can prescribe
no laws securing its own creation. II
this body sprunginto existence this morn
ing of itself, then it is amenable to no
power save itself; bat if elected through
the supervision of any other power, then
its only powers are delegated by some
higher power. If this body be self-cre-
ated, then it has nothing to do with the
past; but acknowledging its own legal
existence, it acts only in reference to the
future. But this is not the fact. This
House was called together in pursuance
of executive instructons-it was elected
in accordance with the directions of the
same power. And this power was dele
gated to the Governor of this Territory,
acting therein only under delegated au-
thoriIy Is it not reason, is it not COM
mon sense to deny that any organized
body having power to provide for the
election of a secondary body, has also the
sole power to dictate the means of testing
the legality of such election? If not SO.
then it would have the power to enact
laws without the right to provide for their
execution
The Congress of the United States is
not even self-existent, for it had its origin
in the people. The people first of them
selves organized and adopted the Federal
Constitution, prescribing and limiting
the powers of that body, organized under
it, and that body is limited in its actions
by this Constitution. 1t is from an Or
sanization thus formed that we have our
existence as a Territory. Our existence
is derivative-our authority is a dele
gated authority. Let US obey this au-
thority, let US keep within the limits of
the act itself. l, sir, am opposed to Civ
ing 700 liberal construction to constitu-
tions, and to national laws. | do not
believe them things to be trifed with.
We must construct them strictly, lest
our construction lead to abuse. l am for
taking the Kansas bill. as it passed, as it
reads, as it would be understood by those
who understand the English language.
And now let US examine it-let us see
if it empowers this House to disannul the
May election, and investigate a prior
one. Ii so, let us do it; if not, let us
act as 1t becomes US to act
Section % enacts, "That the executive
power and authority in and over the Ter
ritory OF Kansas shall be vested in Gov
ernor." DE. This gives the Governor
power to execute whatever laws shall be
enacted by the Legislature of the Terri
tory, until which time it is made his duty
to carry out the provisions of Congress.
Now comes the 22d Section, from which
we are to derive all our instructions in
reference to the manner of conducting
elections of members to the first Legisla-
ture. Upon this Section propose com
ment.
A part OF this Section reads as follows:
"Previous to the first election, the Gov
ernor shall cause census or enumera-
ton of the inhabitants and qualified xo-
ters of the several counties and districts
of the Territory to be taken, by such
persons and in such mode as the Cover
nor shall designate and appoint and the
persons so appointed shall receive rea-
sonabie compensation. And the fist
election shall be held at such time and
places. and be conducted in such man.
ner, both as to persons who shall super
intend such election aud the returns there
of. as the Governor shall appoint and
direct: and he shall at the same time de-
clare the number of members of the
Council and House of Representatives to
which each of the counties or districts
shall be entitled under this act. The
persons having the highest number of
legal votes in each of said Council dis.
tricts for members of the Council, shall
be declared by the Governor to be duly