Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1856-03-22

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der j, before Congress had approved the same
Such was the case Of Michigan, where the poo
pie not only formed State Constitution with
out an act Of Congress, but actually put their
State Government into full operation, aud pass
ed laws and il was approved by Congress by
receiving it as a State. The people of Florida
formed their Constitution without any act Of
Congress therefor, six years before they were
admitted into The Union. When the people Of
Arkansas were about forming State Consiiiu,
ton without previous act Of Congress, In 1885
the Territorial Government applied to the Presi-
dent on the subject. who referred the mallcr to
the Attorney General, and his opinion, as then
expressed and published, contained the follow
ing;
at is not in the power Of the General As
sembly of Arkansas to pass any law for the
purpose Of eleciing members 10 Convention
to form Constitution and State Government
nor 10 do any other act, directly or Indirectly,
to create such Government. Every such law,
even though it were approved by the Governor
Of the Territory, woald he null and void il
passed by them, notwithstanding his veto, by
vote Of tWo-thirds Of each branch, il would
still be equally void"
lie further decided that it was not rebellious,
or insureclonary, or even unlawful for the
people peaccaby TO proceed, oven without an
act Of Congress, in forming Constitution. and
that the so forming State Constitution, and
50 far organizing under the same as TO choosc
the officers necessary for its representation in
Congress, with view 10 presenting the same
10 Congress for admission, was power which
fell clearly within the right Of the people 10
assemble and petition for redress. The people
Of Arkansas proceeded without an act Of Con-
gross, and were received into the Union accord
ingly. II any rights were derived by the peo-
ple of Arkansas from the terms Of the French
Treaty Of cossion, they equally extended to the
people Of Kansas, it being part Of the same
cession.
In this view Of the subject, in the first part
Of August, 1855, a call was Published in tho
public papers for a meeting Of the citizens of
Kansas, irrespective Of party, 10 NEE, at Law
renee, in said Territory, On the 18th Of said
August, to take into consideration the propric-
" of calling Convention of the people Of the
whole Territory, To consider that subject. That
meeting was holden on the 18th of August
last and it proceeded to call such Convention
Of Delegates, to be elected and to assemble at
Topeka, in said Territory, on the 10Th day OF
September, 1855, no, To form a Constitution,
bot to consider the proprieiy of calling formal
ly Convention for that purpose. The pro-
ceedngs Of this meeting of the 18th Angus,
were as follows. Here is inserted the official
report Of proceedings as published at the time.
Agreeably 10 these proceedings, the people
Of the different districts did. as therein recon-.
mended, proceed 10 appoint delegates to this
meeting at Topeka, to be holden on said 10Th
day Of September, 1856 The delegates so
appointed did assemble at Topeka on said day,
aud proceeded Ia consider said subject, and
they took the following proceedings. THE
official report Of proceedings al the Convention
is here set forth
Delegates were elected agreeably to the proc
lamation SO issued, and they met at Topeka on
the fourth Tuesday in October. 1855, and
formed Constitution, which was submitted to
the people, and was ratified by them by vote in
the districts. An election Of State officers and
members Of the State Legislature had been had,
and Representative 10 Congress elected, and
it is intended TO proceed to tho election Of SEN
aiors, with the view 10 present The same, with
the Constitution, to Congress. for admission ia-
to the Union.
Whatever views individuals may at times,
or in meetings, have expressed, and whatever
Ultimate determination may have been enter.
tanned, in the result Of being spurned BY Con-
gr.ss and refused redress, is now entirely i'm
material. That cannot condemn or give char
acter to the proceedings thus far pursued.
Many may have honestly believed that usur.
patton could make no law, and that il Congress
made no further provisions, they were well JUS
tilted in forming law for themselves bot i,
is not now necessary to consider that matter,
as it is to be hoped that Congress will not leave
them 10 such a necessity.
Thus far, this effort ofihe people for redress
is peaceful, constitutional and right. Whelh-
er it will succeed, rests with Congress to de-
iermine; but clear il is, that il should not be
met and denounced as revolutionary, or unlaw-
ful--nor DIES il call for OF justify the exercise
of any force, by any department of this Gov
eminent, to check or control it.
IL now becomec proper tn inquire what should
be done by Congress. For il is asserted by the
President, in substance that he has the power
to correct usurpa,lons, and that the laws even
though made by usurped authority, must be, by
him, enforced and executed, even with military
force The measures of redress should be ap.
Piled 10 the true cause Of the difficulty. This
obviously lies in the repeal of the clause for
freedom in the act Of 1850, and therefore the
true remedy lies in the entire repeal of the act
OF 1854, which effected IT, Let this be done
with frankness and magnanimiiy, and Kansas
DC organized anew as Free Territory. and all
will be put right. But il Congress insists on
proceeding with the experiment, then declare
all The actions by this spurious foreign lcgisa-
i've assembly utterly imperative and void, and
direct a reorganization providing proper safe
guards for legal voting and against foreign
iuFce There is another way, however, TO put
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