Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1856-03-26

fnf rights IN tAat oTEAufNtiOif, uiey poSsS~S.s
under the guaranty Of the United States oonsu-
,rs;o,, 4 ateaoeebly "a assemble to petition the
f;oyernusens for The redress Of their grievances
Thar saw no early source of relief but in the.
formation of q State Government by the people
and the acceptance and ratification thereof by
Congress
RIGHT or STATE ORGANIZATION.
II is true in several instances in our his
tory the people of Territory have been author
ixed By an act of Congress TO form State Con-
s,itution and after so doing were admitted IN oy
Congress. Ii is quite obvious that no such au.
thority could be given by the act of the Territorial
Government. That, clearly, has no power 70
create another government paramount to itself.
II is equally true that in numerous instances in
our history the people Of Territory have, with
out any previous act of Congress, proceeded TO
call q convention Of the people by their dele
gates. have formed State Constitution, which
has been adopted by the people, and State
Legislature assembled under it, and chosen Sen.
ators to Congress, and then have presented said
Constitution TO Congress- who have approved the
same and received the Senator'S and Members OF
Congress who were chosen under it before Con-
rress approved the same. Such was the case
Of Michigan, where the people not only formed
State Constitution without an act OF Congress,
but actually put their State Government in full
operation, and passed laws; and it was approx
ed by Congress by receiving it as 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 forming
State Constitution without previous act Of
Congress, in 1885, the Territorial Government
applied to the President on the subject, who re-
terred the matter to the Attorney General, and
his opinion, as then expressed and published,
contained the following: r
~, is not in the power of the General Assembly Of Ar
pass law for the purpose OF electing mem
bers Convention to form Constitution ana state
recly, to create such Government. Every such law,
se snd
not outstanding his veto, by vote Of two thirds Of
each branch 1t would be equally void"
He further decided that it was not rebelous
or insnrrectionary, or even unlawful for the peo-
pie peacably to proceed, even without an act
of Congress, in forming Constitution, and that
the SO forming of State Constitution, and SO far
| organizing under the same as to choose the Of
| ficers necessary for its representation in Con-
gress, with view to presenting the same to Con-
gress for admission, was power which fell
| clearly within the ght of the people to assem-
| BILE and petition for redress. The people OF
| Arkansas proceeded without an act of Congress
and were received into the Union accordingly.
| If any rights were derived by the people of
| Arkansas from the terms of the French Treaty
| of cession, they equally extended to the people
| Of Kansas, it being part OF the same cession.
THE EXERCISE OF THAT RIGHT IN KANSAS.
In this view of the subject, in the first part of
August. 1855, call was published in the public
papers for meeting Of the citizens Of Kansas, ir
respective of party, 20 meet at Lawrence, in said
territory, on the 18th Of said August, to take in
TO consideration the propriety OF calling con-
vention of the people OF the whole Territory, to
consider that subject. The meeting was holden
on the 18th 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 of September, 1855, not to form Con-
stiution but to consider the propriety of calling
formally Convention for that purpose. The
proceedings of this meeting of the 10th of Aug,
were as follows. Here is inserted the official re-
port of the proceedings as published at the time
| Agreeable to these proceedings, the people Of
the different districts did, as therein recommend
| ed proceed to appoint delegates to this meeting
at Topeka, to be holden on the 10th day OF Sep.
tember, 1855. The delegates SO appointed did
assemble at Topeka on said day, and proceeded
to consider said subject, and they took the fol-
lowing proceedings THE official report of pro-
ceedihSs at the Convention is here set forth.)
Delegates were elected agreeably to the pro-
| clamation so issued, and they met at Topeka OH
the fourth Tuesday in October, 1855, and formed
d Constitution which was submitted to the peo-
pie and was ratified by them by vote in the
districts. An election of State officers and
members of the State Legislature had been had,
and Representative to Congress elected, and
it is intended to proceed to the election Of Sena-
tors, with view to present the same, with the
Constitution, to Congress, for admission into the
| Union.
| Whatever views individuals may have at times,
| or in meetings. have expressed, and whatever
| ultimate determination may have been enter
tanned, i'll the result Of being spurned by Con-
gress and refused redress, is now entirely imma-
| teral. That cannot condemn or give character
| to the proceedings thus far pursued. =.
Many may have honestly believed that usurpa-
ton could make no law, and that if Congress
made no further propositions they were we'll
justified in forming law for themselves; but it
is not now necessary to consider that matter;
and as it is to be hoped that Congress will not
leave them to such a necessity.
Thus far the effort of the people for redress
is peaceful, constitutional and right. Whether
it will succeed rests with Congress to determine,
but clear it is, that it should not be met and de-
nounced as rebellious, nsurrectonary or un-
awful-nor does it call for or justify the exer-
else of any force, by any department of this
Government to check or control it.
LIE. ..... WHAT SHALL BE DONE? s ..
1t now became proper 10 inquire what sho uld
be done by Congress. For it is asserted by the
President in substance that he bias not the pow
er to correct usurpations, and that the laws al
though made by usurped authority, must be by
him enforced and executed, even with military
force. The measures of redress should be ap-
piled to the true cause of the difficult y. This
obviously lies in the repeal of the clause for free
dom in the act of 1920, and thereto the true
remedy lies in the entire repeal of the act of1s54
which effected it. Let this be done with |
trankness and mag nanimity, and Kansas be Or |
ganized anew Free Territory, and all will |
be put right. But if Congress insists on pro-
ceeding with the experiment. then declare all
the actions by this spurious foreign legislative |
assembly utterly imperative and void, and d.
rect a reorganization, providing proper safe
guards for legal voting an against foreign force.
There is another way, however, to put away all
this trouble there and in the nation, without re-
tracing steps or committing violence, or by force
compelling obedience to tyrannical laws made
by foreign force, and that is by admitting that
Territory State wi tn her Free Constitution.
Then, indeed, her numbers are not such as gives
her right to -demarid admission, being rs the
President informs us, only about twenty five
thousand. The Constitution fixes no number
as necessary, and the importance of never sift-
ing this question 8lll justify Congress in admit
ting this as a State at tbs time, especially as VIC
have good reaso Ms to believe, if admitted as a |
State and controversy ended, it will Immediate
~ ill up with numerous and successful popu-
iatlon.. At any rate, it seems impossible to be.
heVe that Congress is to leave that people with.
out redress, to have enforced upon them, by the
army ofthe nation, those measures and laws of
violence and oppression. Are they TO be de-
graded into submission? Is that pleasant ex-
pertinent to execute on our own free peope!-l
The true character of this transaction is matter
OF extensive nororiety Its essential features are
too obvious to allow of any successful disguise
or pa!liatlon, however complicated or ingenius
may be the statement or however special the
pleadnss for that purpose. The case requires
some qnieting, Kind and prudent treatment Ly
the hand OF Congress to do justice and satisfy
the hand. .
The people of this country are peacefully rely
ing on Congress to provide for competent meas
ures OF redress which they have the undoubted
power to administer. The Attorney General, in
the case of Arkansas, says, Congress NAV, at
pleasure, repeal or modify the laws passed by the