Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-12-24

EFFECTED BY IT. If therefore the cltl-
zens Of Arkansas think proper to accompany
their petition with a written constitution, framed
agreed on by their primary assemblies, or
by a convention Of delegates chosen by such as
| perceive no legal objection to their
power to do so, nor any measures which may
be taken to collect the sense of the people IN
respect to it; provided, always, that such meas
ures be commenced and prosecuted in a peacea-
bic manner, in strict Subordination to the exist
territorial government, AND IN ENTIRE
SUBSERYIENCY To THE POWER OF Con-
GRESS TO ADOPT, REJECT. OR DISRE-
GARD THEM, AT THEIR PLEASURE"
While the legislature of Arkansas had no pow
er to create a convention to frame a constitution
as a legal constitutional body, yet the people
chose to assemble under such an actOf the legis-
lsture for the purpose of petitoning for redress
of griyanees, the aSseblage was not illegal; it was
not an unlawful asseiDblage; it was not such an
.assembIage as the military power could be used
to disperse, for thay had a right undeEthe Con-
stitution thus to assemble and pettlon. but II
they assumed 10 themselves the right to make a
government, that assumption was an act of re-
heliion which General jackson said 1t was his
duty to put down with the military force of the
country.
If you apply these principles to the Kansas
convention, You find that it had no power to do
any act as a convention forming a government;
YOU nlu GlLAL III \ NdhAiAhS - "a AA"A sAD@
from the beginning; you find that the Legisla-
ture could confer no power whatever on the
convention. The convention was simply an
assembIage of peaceable citizens, under the
Constitution of the United States, pstitioning
for the redress of grievances, and, thus assem-
bled, had the right to put their petition IN the
form of a constitution if they chose; but still it
was only a pe;ition-having the force of a Deti-
tion-which Congress could accept or reject, OF
dispose Of as it saw proper. That is what l I'M
derStand to be>just the extent OF the power and
authority of this convention AZ Lee
compton. 1t was not an unlawful asSemblage
like that held II at Topeka; for the Topeka con-
stitution was made in opposition to the %territori-
al law, and, as | thought, intended TO su6vert
the government without the consent of Congress,
but, as commended by their friends, not so in
teded. If their object was to subvert it without
the consent of Congress, it was an act of rebel
lion, which ought to have been put down by
force. If 1t was a peaceable assemblage simply
to petition and abide the decision of Congress
on the petition, il was not an unlawful assem-
blage. 1 hold, however, that it was an unlaw-
full assemblage. / hold that this Lecompton
convention was not an unlawful assemblagc;
but, on the other hand, | hold that they had no
legal power. and authority to establish a govern
ment. They had a right to petition for a redress
of grievances. They had a right in that petition
to ask for the change of government from a ter
T1IOFlal 20 4 STATE government 1uey udu u TIHul
to ask Congress to adopt the instrument which
they sent to us as the constitution; and Congress,
if it thought that paper embodied the will
of the people of the Territory, fairly ex-
pressed, might, in its discretion, accept it
as a constitution, and admit them into the
Union as a State; or if Congress thought it did
not embody the will of the people of Kansas, it
might reject it; or if Congress thought it was
doubtful whether it did embody the will of the
people or not, then it should send it back and
submit it to the people to have that doubt re-
moved, in order that the popular voice, whatev-
er it might be, should prevail in the constitution
under which that people were to live.
So far as the act Of the Territorial LegiSla-
ture of Kansas, calling this convention was
concerned, l have always been under the impress
sion that it was fair and just in its provisions.
[ have always thought the people should have
gone together en- HIGSse and vOted for delegates,
so that the voice expressed by the convention
should have been the unquestioped and united
voice of the people of Kansas. l have always
thought that those who staid away from that
election stood in their own light, and should
have gone and voted, and should have furnished
their names to be put on the registered list, so
as to be voters. ! have always held that it was
their own fault that they did not thus go and
vote; but yet, if they chose, they had a right
to stay away. They had a right to say that that
convention, although not an unlawful assem-
blage, is not a legal convention to make a gov
eminent, and hence we are under no obligation
to go and express any opinion about it They
hada right to say, if they chose, 1--WE will stay
away until we see the constitution they shall
frame, the petition they shall send TO Congress;
and when they Submit it 10 US for ratification we
will vote for it, if we like it, or vote ii down if
We do not like it." / say they had a right to
do either, though l thought, and think yet, as
good citizens, they ought 10 have gone and vo-
ted; but that was their business and not mine.
Having thus shown that the Convention at
Lecompton had no power, no authority, to form
and establish a government, but had power to
draft a petition, and that petition, if it embodied
the will of the people of Kansas, ought to be
taken as such an exposition of their will, yet.
if it did not embody their will, ought to be re-
jected. Having shown these facts, let me pro.
coed and inquire what was the understanding
of the people of Kansas, when the delegates
were elected? | understand, from the history
of the transaction, that the people who voted for
delegates to the Lecompton Convention, and
those who refused to vote-both parties-uuder-
stood the territorial act to mean that they were
to be elected only to frame a constitution, and
submit it to the people for their ratification or
rejection. / say that both parties in that terri
tory, at the time of the election of delegates. so
understood the object of the Convention. Those
who voted for delegates did so with the under.
standing that they had no power to make a
government, but only TO frame one for submis-
SLOT; and those who staid away did so with the
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