Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1856-09-10

the Territory of Kansas, lays down precisely
the same doctrine, Ghisses] and says that the
Freemen who resist the laws OF the U. States
are guilty OF constructive treason. lie had
some difficulty to make the arrangement be-
cause it was the laws of the Territory of Kan
sas that were resisted. But he argues that be-
cause the laws of the Territory are made by
Legislature of the United States therefore to
resist them is to resist the United States
Some of the men had never resisted at all, but
were, however, doubtful of the legality of the
laws; they were therefore guilty of construc-
tive treason, he deemed them guilty of con-
structive resistance because the laws were con-
structively the laws of the United StateS.-
Why, even Jeffries never preached this. Judge
Lecompte had the language of the Constitu-
ton to guide him, to the effect that streason
&C shall only consist of wagiDg war against the
United States Government, and extending
aid and comfort to her enemies" lie had
his information from high quarters, through
no less scource than special message OF
the President of the United States, in Janua-
ry, 1856, in which the adoption of the Free
State Constitution was held to be treason. /
tell you that the Constitution of the State of
Kansas has been adopted in manner which
may be justified by authority. 1t may seem
strange to you, that after all the elections nine
of the States are in this Union with Constitu-
tions adopted in no better way than that OF
the State of Kansas. / challenge contradic-
tiOu upOu DcCsuSC hiON Niidt
say and / say it confidently. We have had
eighteen new States, seventeen of which were
made from Territories of the United States,
Texas, being a foreign State. OF these sew
enteen, eight were admitted upon Constitu-
tions framed by virtue of an enabling act of
Congress. Nine were admitted upon COnsti-
tutions framed by no other authority than that
of the people in their primary assemblies. Is
there any man to contradict this [No.l If
there is, L would like to meet him. laugh
teri | tell you that the Constitutions of
Maine, Vermont, Kentucky, Tennessee, Ar
kansas, Iowa, Florida, California and Michi-
gan, all these had no enabling act of Congress.
When they came to adopt Constitution in
Kansas, they did not act unadvisedly. We
supposed this old, well known, long-trodden
well-beatcn track through which nine success
sive States had travelled, which we found
associated with the names of Washington and
Jackson, and of many of the statesmen of the
present day, would be wide enough for US
We thought that where nine States had gone
through already, there was room enough for
the State of Kansas. We found that in the
State of Tennessee that process was sanction
ed by Washington himself. [Cheers.l We
found that in the State of Michigan the same
course was introduced by Gen. Jackson, and
we followed the lead, jogging along until Pre-
sident Pierce meets us in 1886. and tells us
we are committing treason. [Laughter.l 1t
is exceedingly fortunate that President Pierce
and Caleb Gushing did not live IN the enjoy
ment of power in the time of Gen. Washing
ton, at the time of the question OF the admis-
sion of the State of Tennessee or of General
jackson, at the time of the admission of Mi
chigan. They would have had both Washing
ton and Jackson arraigned for grand traitors.
[Laughter.l Somebody may say to me, in
reply: You are mistaken, that Constitution of
Kansas did not come in by the same authori-
ty, some of them had an act of the Territorial
Legislature. So they had. The Territorial
Legislatures, though, have no right to give to
or withhold from the people the authority to
form Constitution 1t has been asserted a
gain, and again, that the powers of the Legis-
latures are limited powers. The power to or
der State Constitution is not given to them.
The people derive their power from the Con-
stitution of the United States, which provides
that the people may assemble to petition for a
redress of their grievances, and if they deem
Territorial government a grievance, they
have the right to petition for admission as a
State. But they could not by petition toCon-
gress be admitted as a State, until they were
organized State with Constitution
They must have officers elected and the form
of Constitution, when they apply for admis-
sion they must come ready, like machine,
with butts, bolts and wheels ready to receive
the motive power from Congress. Therefore
it is proper for the people of the Territory to
adopt State Constitution with an organiza-
tiOn all ready. So we ask for admission as a
State. Here we are, State Organization
admit us. 1t could not be denied. How are
| people TO form an organization constitution
| ly right, unless they can elect Delegates, a
Governor, Judges, and Delegates to Congress,
! so that the organization shall be complete,
ready to become a State ? In 1885 this ques-
| ton arose under General Jackson'S Admins
| tration. The people of Arkansas desired to
be admitted into the Union. They called up
flal paIc
sion of the Legislature. Gen. Jackson refer
red the matter to the Attorney-General, who
at that time was Benjamin F. Butler. An o.
pinion was rendered, and the Question ta-
ken on the right of q Territorial Legislature
| to pass any such laws. Government was in
structed to call no special session, for the rea-
| son that the Legislature had no sort of con-
troll over the subject, for it was part of their
| power, and that all the laws that could be pas
/ sed upon that subject were absolutely void
They then laid down the principle that the
! people have power, and that the Legislature
| have not, [cheers,l and that the people derive
! their power from the Constitution that they
| may form Constitution, and that the Consti-
tuition is just as good without an act of the
| Legislature with it; in other words, that it
| derives all its power from the people, and not
from an act of the Territorial Legislature
! [Cheers.] Then in the case of the State of
| Michigan, the case was reviewed upon this
same point, and Mr.. Buchanan arose in his
| place in the Senate and said that the Terrific
rial Legislature had no power, but that the
| power was in the people, and no man ventured
to state contrary opinion. Thus, in fact, the
whole of the Senate of the United States de-
clared, through Mr.. Buchanan, who was its
| mouthpIece upon this subject, that the whole
| power of forming State Constitution in the
| Territories rests with the people alone, and
that all the acts OF the Territorial Legislature
are nugitory and void Thus, the Free-State
Constitution framed at Topeka has all, all the
authority required, as it is given by the action