The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1856-04-02

Of relief but in the formation of State
Government by the people, and the ac-
ceptance and ratification thereof by Con-
gress.
1t is true that in several instances in
our history the people of Territory
have been authorized by an act of Con
gress to form a State Constitution. and
after so doing, were admitted by Con-
gross. 1t is quito obvious that no such
authority could be given by the act Of
the Territorial Government. That,
clearly, has no power to create another
Goternment paramount to itself 1t is
equally true that in numerous instances
in our history the people of Territory
have without any previous act of Con-
gress, proceeded to call Convention of
the people by their delegates, have form
cd State Constitution, which has been
adopted by the people. and a State Leg
islaturc assembled under it, and chosen
Senators to Congress, and then have pre-.
seuted said Constitution to Congress.
who has approved the sane and received
the Senator'S and members of Congress
who were chosen under it before Con
gress had approved the samo. Such was
the case Of Michigan, where the people
not only formed State Constitution
without an act of Cocgress, but actually
put their State Government into full
operation. and passed laws and it 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 form
ing State Constitution without pre-
vious act of Congress, in 1885, the Ter
ritoral Government applied to the Pres
idont on the subject, who referred the
matter to the Attorney-General, and his
opinion, as then expressed aud publish
ed, contained the following
1t is not in the power Of the General
Assembly of Arkansas to pass any law
for the purpose Of elocting members to a
Convention to form a Constitution and
State Government. nor to do any other
act, directly or indirectly, to create such
Government. Every such law, even
though it were approved by the Govern
or Of the Territory would be null and
void if passed by them. notwithstand-
rs his veto, by vote of twothirds of
each branch, it would still be equally
void"
lie further decided that it was not re-
bellous or insurrectioDary, or oven uu.
lawful for the people peaceably to pro-
cccd even without an act of Congress, in
forming Constitution. and that the so
forming a State Constitution, and SO far
organizing under the same as to choose
the officers necessary for its representa-.
tion in Congress, With view to present
ing the same to Congress for admission,
was power which fell clearly within the
right of the people to assemble and petit
ton for redress The people Of Arkan.
sas proceeded without an act of Congress,
aud were received into the Union accord
ingly If any right were derived by the
people of Arkansas from the terms of
the French Treaty of ccssonth they equal
ly extended to the people of Kansas, it
being part of the same cess;on.
In this view of the subject, in the first
part of August 1855, a call was publish
cd in the public rapers for a meeting of
the citizens of Kansas, irrespective of
party. to meet at Lawrence, in said Ter
rtory, on the 18th of said August, to
take into consideration the propriety of
calling Convention of the people of the
whole Territory to consider that subject.
That meeting was holden on the 10Th
day 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 dlv Of Sep.
tombcr, !3jJ, not to form a Coustitu.
tion but to consider the propriety Of
calling formally Il Convention for that
purpose. The proceedings Of this meet
Ing Of the 18th August were as follows.
Here i, inserted the official report of
proceedings as published at the time !
Agreeably to these proceedings. the
people Of the different districts Jill. as
therein recommended, proceed to appoin,
delegates to this meeting at Toprka. to
he holden on said lgth day Of Septem.
Der, lS55. The delegates as appointed
did assemble "a, Topeka, Oh said day.and
proceeded to consider aid subject, and
they took the following proceedings.