Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-05-09
about their purposes. Among their proceed
iugs | find this resolution

lNlGltUINs III ~ lutNllHA oNAh''' 'iN'lNN''
Of party distinctions, Influenced by a common ne
ccssity, and greatly DESTROYS of promoting the com
mon good, do hereby call upon and request all bond
fde citizens Of Kansas Territory, of whatever poll
teal views or predictions, to consult together IN
their respective election districts. and, IN mass
convention or otherwise, elect three delegates Tor
each representative ot tho Legislative assembly,
by procli nation of Gov. ltcedcr of dated the 10Th
Of March, 1853 said delegates to assemble in con-
vcntion at the town of Topeka, on the 18th day oi
September, 1853. then and there to consider and
determine upon all subjects of public interest, ana
particularly upon that having reference to the
speedy formation of a State constitution, with an
intention of immediate application to be admitted
as a State into the Union of the United states OF
America"
Here their purposes are clearly stated.
They called a meeting to asscmble at Topeka
on the 10th of September, to consider whether
it was not best to form Il State constitution,
with Il view to application to Congress for
admission into the Union. That is distinct
" printed in their published proceedings.
Now, what would he the natural course OF
Investigation | take it that it would be to
look at the action Of the meeting of the 18th
of September, which the Lawrence meet
ing called. take it that the natural way
is not to run off into collateral and party
meetings, held in the mean time, but to 60
to the meeting which this one called, and see
what was there said. The people met at
Topeka on the 10Th of September, and what
did they say there
Before ! 60 further on this point, perhaps
it may 10 proper to inquire what had the
people a right to do in order to obtain re-
dress Had they a right to form II state con-
%stitution know there are many cases
where there has been in the first place an en-
aiding act of Congress to authorize the people
of the Territory to form n State constitution
hut there are many cases where the Terrific
ries have formed State constitutions without
,,,. l. 80 al 'pprr,E "a - tInriyi I'M II InulI
the fact, that the Territorial Legislature call
e. n constitutional convention, give it any
ad litional validity , | say it is in the nature
of things beyond their power to do anything
10 create Il government paramount to them
selves. SO said Attorney General Butler,
whom consulted by President Van Buren, in
relation to the Arkansas case. He stated,
tibet if Territorial Legislature passed such
a law it would be utterly void.
Now. what has been the course in regard
+, the formation Of state constitutions by
Territ,rics' The first Territory which sc
ever had, Tennessee, formed Il State constitu-
ton without the authority of a previous act
%, Congress. They organized a government,
chose senator's, sent their constitution with
their Senator's, who presented 1t, and were
admitted The State of Arkansas formed its
constitution without any enabling act of Con-
crcs-. Michigan. Florida, and Iowa, formed
their constitutions in the same way. | do
not aliude to California, because am con-
!uiut myself to those cases where terri
t,rial governments existed by authority OF
Congress.
Attorney General Batter said, in the Ark
unst5 case, that the people under the clause
OF the United States Constitution allowing
them t. assemble for redress Of grievance,
may form a State constitution, and organize
"a government, SO far as is necessary to choose
1E7uts to represent them here, What did