New-York daily tribune., 1856-08-05

On. 90 vtbou. eny law at ah 10 ',,,
:, sna ts whole VT ,ly cape inu toe a,
mots ,ft, people the act o' :, ooonI, ,r msvemeus
"a IN ,ec;irc them by pr, ,amoes, ID " - .n4 tb,a,,
y,sd. tetw,,a those frrmed undIi ~ nrdrr O tas
formed without law. Some "e,e " I, - easy 10 shos
cf the Territorial Legislature w, -, ALL aud absl.
not s,cL Law s eouivaloLt 10 30 " 900 of Mich.
tbat tuch law " ,kd d.bat. on the ADMISSION u '''''
gsn MIR Bucbsi an says; .ooo...e hrs allen Il al Oh
..1l.9cnt of the case - Ieuno =. r,c ,c-.aar,"
lhls " y, = a., ions act Gf Congress "' ~
And again ..,,,,s net Of Cor.sret. WIS
rot Ttq,1d By Pribcpe or P','o' % CssornI, Gen.
In the oebate the adiui'''0"
Cas- ssys: - ..,,u, ,,is. have a rish. to o,saazs
maintain nrcise for soca order, when such ofd' can
,ct ,tb,fwtse be obtaine0. Il. 49,; E
onr,ion 70 the objection that the ee ton u
Gclt gates took PiAo0 ""NO'
the people, be rays; !,
,e,op csnnot sustained in this age Of he W ID
6rs be ptcPc Of this country and "sJ "ds' oel''' ns
Mr.. Clay Gays
Whsp Constitution has be formed with somo degree d
srsrt, the Of ia orna yoi afe TO coi'Iet q
- IN. quantities oeternine IS statesmen, l'oSir. 70 ~
And you are roc 70 he
ID od by techu,celites "
Much more mclt be- said on the subject ot these al
,niors of new states but with single Reference 20
Wisconsin will pass on 10 other subject" OF more i'-
rect bearing; ano in regard 10 "lsc'hsih' oh'y a.
sirf
scts Eor otter States Congress Had pruViled s t1c
forms and machinery for appOronipg del, gates, con-
dpctiog uLo returning tleoums, tnes, plac's aud
ouaihcatiCns of vOter yet IN the case ot Wisc0lsn
the naked privilege to form q constitution 80 con.
fened ind oil the details mentioned in the other az
were here LETT 10 the people.
But We viii pass Oh to another class of Cases -han
the sdms~ipn of states Ou The 27h of Jsnu1ry, 1887,
he Hon. Isaac T.. CTary elaine sect Ia this liOls5
s. q ut mber from the State of Michigan. The Sta'e
bad been bcmttcd only the day b iJre, and yet OILS
ceSeItibls olscOseo tie tact lie had been eec.ed n
O4obtr, 1885 There mad been no law autLJrizog
L election, any other prcceeons pevipHs Thereto
The whole nothing more or less than voluntary
movement OF the pcOpe With no vitality or force tS-
cept tbst deriveo from the popular will True there
rad been an act OF the TerfO G Legislature; )ut thai
ss wi pos show, was an absolute nulnt3 aud coQl-
mpaft no more ltgai than the accommodation y u
wayfaIer Ii was within the circle OF Their v
ers, which, as in ali TenirOnes, were conhned o Tbs
administration of the territorial goveinHeht. AnjnS
the enumerated powers conferred by Congress, to7re
Was no buthoity to organic State. IDey C)uld
neith.I give permission 10 the people nor wnhhch Il;
aud any sct they might assuue to pass upon The su0
iect was futile, lmpOten, and vUid, aud could neither
skeL Strengthen the pODular action. III 'De IL,
tel wss vaud il without the action OF the Leg
stature aGd if void in ITSELF that act cOdd give y no
aid. This IL cleGr upon pnncipIe; but ~ nme G'es
not 20 Cilate further upon Il, vii cOn.en. my
sef By citing come authorities.
The Hon. Il. +. Butler, AttorDey-G =herai Of the
UMted States, in an elaborate opinion upon the pln
given the T. Pesi0ent in the of the TsIr0ry Of
AIkaI sas, otter full aid lucid argume"t, s8ys'
ITO suppose the legislative powers granted ,he Cen
be tsts6sbeo fy the sct Of congress
sId Of bch tie semby lisa constituent part wold De mani
i. rot il the power Of the General Assembly Of Arksns
yeion TO constitution aud Govern" en do
sny other directly indirectly suc1
IN II Every Ian though aIro ed by ibe GOyolcr cf
Teii c! "ouic be null aid wld passed b. hsn not
cins veto, il would still be equally vOl'
OH Gu daxs bef,rp Mr. ('raf2 cd hims af
in the House MI Buchanan in the Nenatc, during tIe
debate ON tire admission OF Michigan, wcch he Il
vCreO atC voted for, says:
No Senator will pret.nc that the Territorial Less!ati
auy rgh whatever laws enabling ths people =
0eeg4tes to Convention for the purpose OF iof-I
on,uton IL was act OF usuipatioA OF then part
Both thee gentlemen, while declaring tho acton Of
tie Leg haiur, absolutely vOid admitted the p)~e- IN
be IN the people. Not only WAS MIR Buchan4Cs con-
I'D, Mt Chae ge of d. al Hered by any senator,
bat al no tue in the Senate the HOUSE, 80 lar b
NY researches have EOne has this doctrine Of the uftsr
utfiCitLcJ of action by the Territorial Ies-a
bsuro been cOntradcted and lm4y aid, :. never
successfully can be. Mr. Crary's who'll title, tren,
rtttcC npuu tie voluntary lUiOrmil move OF 30
pope sustaincd by no law. But tner@ is snasher
ulaI piece of evide1ce to chnch tnI5 il necessary;
year before peti ion had been presented u tue
HOure, rom The Legislature electeo undtr The sane
pOLUleT authority, and az tbc time Mr. Crazy
and the House had re'erfed il, win declaration en-
bodied in the resolution, THAI they regard the
- IN o'hfr kgh Than the cOluht0ry scI Of pr
" rat ind'v,dua'S." Atd yet with thli eXprtsS L.
clara OL pat upon ther record by themselves,
the strongest language that Mr.. Gary etc5ion Va
informal, without any kind of legal author ~ he
WAS after a snort debate, admitted and s4o1a. And
this, It will be remembered was the tse ot 7ot :,
OnstitutlCLel Member; not a mere IrrUtOnol Dole
gate; aLd Mr. Crazy presented no poll books or slec
uon returns oVdeLce, but Only the certiiieat of
the Governor whose election was more iorno tLa3
bis own.
In 9Ol. John IIoge claimed seat ia this House as
= Reut sentative from the State of PcnLsy Yaai9 -
M a vacancy Ii was objeced that his ele'iiJn Fa'
lepa al because the fOuith section Of ~ :, a.tc.c
Of the Constitution pIovoed, that the tmss, bces,
and mani er of eecting oe atOrs and Re.reseo!Hlvs
shall be prescribed in each State by che Legislature
Z" theItOf' and the Legislature having tled - p:3-
ide for special elections tO NIL NacaDce- the GoFerrcr
AaG az uneo in his proclamation 10 hX tns tine, place,
a ad manLeI bimself True, it family cOn.ends'-
y one or ;WO members that OeCdu the Sc Dad sec
tlOn provided that when vacancies htppeneo, II TIE
"repr. seItaton from any State, tho exesaiivr ~
hCty thereof shall issue wTlts OF election - ~ suct
vacancies" he ehoud have, by implication, the
power TO fix the time, place and man .. e5 ,hs
power could only be by forced inpicaOl and va no.
at all necessary 10 the performance OF the mere ny Ot
oroeTLg the election, ana as the argument woW lex
70 raise en- unnecessary and implied power from ole.
yious sectOn to take away express arl ra4H Adei
power, giauted by a subsequent section, Il F@- but
iainy pressed and successfully refuted. l. . PLAN,
from al examination Of the case, that the OIL IN
was true; and yet tue House although tn nNl"e oi
the ele< ton was a very short and the poll Wy sra
one, By q vote of sixty nine 70 thlrtyeIght admitted
Mr.. HOgc to his seat This w43 al uutqu vocal III
do emtnt of the popular action as the Governor bst
lot power to prescribe the form, and the Leg aie'
who alone had the POKER, had failed 70 eXsncls" Il.
The next case soal cite derives a1duo3G. lE.e-es-
hom The fact that il was ths cnmn2oCeioen, % ,he
Political caT, CT OF man who made bis marx rocA H'
sge ha county and the wOfd-the cO1lt.t-0 eie-
men.s of whose character have rooted the memory .!
Lis brilliant and extraOrdit ay achievements deep q
the hearts Cf our o5Ople-haye contributed % . won
n n .lnry m nnH