The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-15

h. OF the Dooy WHICH VtAei
,yoF6s tl the government aud laws Of kansas be
bshed BY Congress alone and all beyond the reach OF
thjs Territory, any ether power 90 not pretend 70
deny that a. an civil power derived nom the people,
tbsy have The moral right abolish unjust laws or 10
overthrow obnoxious governments by force but do qaes
ton the expsdieney OF eecag reform 10 Kansas oy any
overt act OF rebellion For must confess Mr. chairman
while cast not The shadow Of suspicion the motives Of
the advocates OF this measure that from the point OF view
from which regard this question Il appears 70 me 10 be
Your committee have made these voumnous extracts
from the best authenticated reports which they have been
afe obtain Of the o. the or inc
an sides that the adoption Of the proposition for organ
ling the State government before the assent Of Com
gress for the admission of the State should be obtained
was decision in favor Of repadaing the laws and over
throwing the territorial government in defiance OF the a-
toriiy OF Congress- by this decision as incorporated IN
10 the schedule the constitution, the vote the rathe
tion 10 the constitution TO he held on the 18th OF De
cembe 1885, aud the election for all State officers ON the
third Tuesday Of January, 1856 The third section oil The
:" Tie general assembly shall meet The 4th day OF
March, A. d. 1866 AT the city Of Topeka AT IL M when
time and place the governor ieutenantgovernol
Of State judges Of supreme court treasurer AUDITOR state
printer and clerk osupreme conr and attorney gen
shall appear take the oath of office and enter upon toe
discharge OF the dates OF their respective Offices under this
constitution; and sla continue In office in the same man
ner and during the period they would have done
had they been elected the first Monday OF August a.
ID, 1885,
The elections for all these officers held at the times
specified and the 4h day Of the present mouth the
new TO have been put operation IN CON
nct with the territorial established by Con-
pres and for the ayowed purpose OF snoyertng ana over
throwing game without reference to the action OF Con-
gres upon their application for admission into the Union
Your committee OF any case in the history
OF country which be fairly cited as an exa
pe much less Justification for these extraordinary pro-
ceeangs Gases have occurred liz which the inhabitants Of
scnr Territories have been permitted to form constu
lions and take the natory steps for the organization Oh
State governments preparatory TO their admission into e
Union without obtaining the previous assent oil Congress
pUr IN EVERY INSTANCE TaE PROCEEDING HAS ORIGINATED
WITH AND BEEN CONDUCTED spgoRDIsAroS TO- THE Az
THoRiTY OF tbs ESTABLISHED on REooe
Missed BY THE THE UNITED STATES Michigan
Arkansas Florida and California are sometimes eited as
cases in point Michigan esRcted into Territory In
pursuance of the ordinance of the 18th of July 1884,
recognised carried into effect by acts OF Congress sub
segment the adoption of the federal constitution IN
that ordinance it provided that the territory nor
west OF the river should be divided into not less than
three nor more than five States; sand whenever any OF
said States shall have sixty thousand free inhabitants
therein State shall be admitted by its delegates into
the Congress the United States equal footing with
the original States ia m respects whatever and shall be al
liberty form permanent constitution and State govern
ment-D
In pursuance of this provision Of their organic law the
Legislature Of Territory of Michigan passed act Pro-
vaing for convention Of the people to form cQnsutu'
ton and State government which accordingly aoas
in obedience the lava and constituted authorities OF the
Territory. The legislature OF the Territory OF Arkansas
having sscerained by census that the Territory con-
tanned about iyone thousand eight hundred inhabitants
time when the ratio of representation in Congress
awarded representative to each fortyeyen thousand
hundred Inhabitants passed act authorizing the
people forms constitution and ask for admission into
the Union they supposed they had right 10 do under
the acquiring the territory from France which guar
anted their admission soon as be consistent With
the federal constitution Upon this point COMMITTEES
adopt the legal opinion of the Attorney General OF the
United States o. F. Duerl expressed in the following
extract:
But am not prepared TO say that all proceedings
this subject the part OF the citizens Of Arkansas viii be
illegal They undoubtedly possess the ordinary privileges
and immunities of citizens OF tie United States Among
IL riphf 10 a
for the redress Of evances in the exercise OF this right
thephsbtants Of Arkansas may peaceby meet together in
primary assemblies or in conventions chosen by snch as
sebes for the purpose Of Peioning Congress 10 sbro
gate the territorial government and admit them into
The Onion as independent STATE The particular form
which they may give their petition cannot be material
long they conne themselves the right OF pc
ttoning and conduct all their proceedings in peaceabe
Aud the power Of Congress the whole
subject penary and unlimited they may accept any
sution however formed, which in their Judgment
the sense Of the people be affected by il If therefore
the ctEans Of Arkansas think proper accompany their
petition with written constitution, framed and agreed on
BY their primary assemblies or by convention delegates
chosen by such assemblies perceive legal objection to
their power TO do So nor TO any measures which may be
taken TO collect the Of the people 10 respect it,
provided always that such be commenced and
prosecuted in peaeeabe manner in strict subordnaton
the existing territorial government aud in entire sub
seryency 10 the power Of Congress TO adopt reject dis
regard them at their pleasure
Al IL however, very obvious that all measures
msnced and prosecuted with design ubvert the terri
toal government and TO esnbsh aud put IN force in its
place government without the consent Congress
will be unlawful. The laws establishing the territorial
government must continue in force until abrogated by
Congress and, in the mean time, IL win be the duty
Of the governor, and OF all the territorial officers
well rs Of the President take that they faithful
ly executed"
On the 18th day Of January 1882 committee OF the
constitutional convcnuon Of Florida addressed memorial
Congress In which they state that in s3T the terrific
rial council passed Law submitting to the people the
question OF state" Territory TO be decided at
the election Of delegates 10 Congress In the month
MAY OF that that decided majority suffrH
given at that election In favor Of State that the
legislative council Of 1888 in obedience TO the expressed
wishes Of the people, enacted law authorizing the
holding Of a convention 10 form and adopt a State
sttution that the convgnon assembled the Sd Of De
cember 1888 and continued in session until the lth Of
January 1885, and that behalf OF the people Of Flori
da they transmit the Constitution or form Of govern
nent and ask for admission into the Union II s also
stated 10 the memorial that IN 1888 Of the Terri
tory taken in obedience TO law passed by the terri
tOral council and that this census although taken during
the ravages Of Indian hostes when large portion Of
the inhabitants could not be found AT home showed
aggregate population Of forty eight thousand two hundred
and twenty persons which the memoriass insisted
furnished satisfactory OF sufficient population
10 enttle them 10 admission, according the treaty
quiring the country from Spain then ratio rep
reseniation which awarded member Of Congress 10 each
forty-seyen thousand and hundred Inhabitants
Congress falling TO yield its assent the admission Of
Florida for more than SIX years after this constitution
formed and application made people Of Florida during
all that period remained loyal TO the territorial govern.
ment and obeden 10 its laws and did not assume the
right TO supsede the existing by putting into
operation State government until the Of Congress
was obtained In ls45.
The circumstances connected with the formation OF the
constitution and State government California are pecu-