New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-14

| mission into the Union but all failed. Such 50 at
was passed 10 regard TO Minnesota, and such hss beeo
NE usuAl couIse 10 regard TO al the Territories.
nov i 90 rot undertake 70 say that Congress ms y
10, take up ard rstfy the proceed ings of Convsn-
Ton which is called without legal authority They
have done so 10 several instances, as 10 Michigan sed
California. Congress he's not always pAseed
abing act in the first instance but usually it has
90 soy, however. that the Convention which met 70
form Cor stitution 10 Kansas, under the authority q
the Territorial Legislature, was cot Convention con,
veped in p7TsuaLce Of law bscsuse Q Territorial
Ii 2issturs las authority 10 DO any aot destruc
tive Of the Territorial organization, and the author
ry grated 10 the Ksnsss Act authorizing tee
Territorial Legislature to legisla;e on all right
iu subjects, rot Inconsistent with the Constitution
Of TIE United States and ths organic act, is not
different from tie authority which WAS grated
10 Territories in previous instances. In lookieg at
TIE act for the organization Of the Territory Of
Ainre soa find that lie sixth section declares that
the legislative power Of the Territory shall extend to
" al rghtfu subjects Of legislation consistent With
" the Ccna!tution OF the United States and the prov
siOns OF the organic act So. aso, the Territorial
act establishing the Territory Of Arkansas provided
that i.s Legislature should have authority 10 pass
" any law fol- the acEiinistr ation OF ustce in said
"1trtcIy, which ahou'd rot be fePugnan to the or
gsuc act inconsistent with the Constitution OF the
Cpsd States In regard 10 Michigan, tie organic at
gave sutho'ty 10 the Legislature to make laws IN al
casee for the good government CT the district not re-
pugnant 70 the ordinance Of 49, under which Ii wss
OrgsJ!zed.
Now, cir wish to call attention to precedent o.
this subject for il ia Few question. Some yesys
ago attempt was sbont being made IN the taen
Territory ofArkanss to get up Convention under the
Territorial act. The Governor CT Arkansas addressed
the Pieeident Of the United States at that time Geo
era jackson to know what course be should pursue,
10 the Territorial Legislature attempted to call
a Convention TO form q ate Con. ltutor. Genera
JscksOn referred the communication to the Attorney.
General Of the Emitted States, and here s his opinion:
The legislative power !. vested in Gens. A,'.snbiy.
O. Pep
pcTe The providing for the Government OF the Trrtoy
laws relstrg Ak,n,ss dniDg the powers Of the les.
ls:vs derntment oeesr. that the General Assembly 'h,
criminal for the good government Of the peope of said Ter
lion and laws 9th United States. This part Of the
to be taken connection with the ether provisions onaned
law dtsgned accomplish the single purpose Of
ling temporary Territorial Go!snmea Which was n'endea
the authority conferred upon BY the Consultation Of the
United States In the exercise thi, authority Copsre; may
dial LIE ssure and may at any tune sDISsse and e1o.
suppose that the legislative powers granted to the Cen
iy the Terrific established By the &C. Of Goa
Fl T .s,ad s .ss st @ consist,
ert with the Coruton Of the United States aud with the
t. to By Il. s.s
psrsu to the Of the Territorial and
.S.E.sd The General Assembly p.ore Ter
Sy % TTh sGa he IL people ss the
lean States are bound BY and incapable Of bog.i the Con
;u the United s. ssif ds iI pohbsa by sw Al
attempts or 10 effect s1ch ,hug also
a:t@b, Of A.n. pas. law for the puTp'ss Of
ipsreuber to form ConsttuoE and state nor
Evey such law even thSSsh were ,PPo'sd
n es by sm bis veto by vote Of two
thT6s Of each bIsuch. 1t would still be equally void
This was the ground taken by he Administration OF
General jackson IN regard to Arkansas and the posi-
tios Is unanswerable ore. Any law pa:sad oy the
Territorial Legislature Of Kansas-nbca possessed
10 greater authority than the Territorial Legislature
Of AikaDsas-initiateg Convention lie utterly null
and VOID ,
The Atom. , G snera then goes on to discuss the
Ugh, OF The people to petition, and to get sp Gov
ern emf arc presett il to Congress, asking to be ad
MITE az Slate into the Union. He argues that
the lave no power to put into operation Constitu.
ion en6nstng from the people, witnout Congressional
Authority bat they have toe rgnt To sssemos and pc
t,icn COZ dress Of grievances and, II they think
clcptr 70 piest Mt theif petition in the form OF Con-
ri luton as the people OF Kansas did the Topeka
Institution eavng to Ccugrelsto determine waeth-
er TO admit them not. Bat this Conyestion which
net al L. con- pton ated in cali Of the Terrific
s Leessture Fad entitled TO jus. much rcspsot,
Ard 70 more than would b. call emanatng from tho
same number Of pertOns who are equay respectable,
and not members of that Legislature.
But Sir there is other a. Aority than the Admins
taton Of Gen. Jackson and the opinion OF the Atior-
ney-G neral in 1885 We have authority which ap-
trehend will be satisfactory even TO the Senator from
ieupsylyanis DIR. Bglei), who ndorses this message
in f.n. In the debate which took place upon tue
admission Of Michigan into the tmon, an oblecIon
was raised that the Convention when assembled IN
the Territory OF Michigan had not been authorized 0y
the Territorial Leg isstGe, but emanated from spon.
taneous meetings got 10 in the Terrisory--a sort OF
voluntary Convention. Mr.. Buchanan answered mat
IN. UALE-Vhat Buchanan was that
Mr.. TRCMBULI.-Mr. James Buchanan, now
President of the Upued States. VIII reso Wnat 70
ssid fftm The Cong ressi0nal Globe OF that day:
S9s4 0S 10 p' c f ''t'
heretofore infant Territories with pMeats care 20
OF ma hood TO ADMIT family without requiring
nom rigid adherence to forms the srea. see;a0a .v
te.y sSopted republican CoDsutonl Aud srehey willing
the Union upon the s s1 T bra we but
forms whch waived rePested instances They ns
.,.r he sdifs !. eompiete We have pursued
ressrd to Tennessee Arkansas and even to Mchssn No
sht wbn.evsr pass enabling tn. people ele: dele
for the P.tpS's sS o. hs '''
That was the language Of James Buchanan, now
President of the United States, who encamped nis
amy round about this Lecomptoa Convention, de-
Shared il legal, and now talks sbou' II as iesilime
Convention and speaks in his message here OF an cleo
ton which Is to be held under its authority as legt
mate Ii was an act Of usurpston on the part OF the
Legislatu'e 10 use his own language, ever 10 nave
passed act calling into being Conv enhon 70 3ra
this Lecompton Convention as legitimate one, ema
mating from competent authority, In the game
speech. from which before read, Mr.. Buchanan re-
marked
Tbs Senator from Ohio M Ewing has ooutsndsd that the
second Michigan Convention had power to assent because
do fret Convention which was held had refused
Mr. Ewing said he lad asked whether the hrst Conven
hon had assped condition proposed BY the act OF Goa
T,, there would have any 10 this sent 30
cause lad been called by virtue Of an set OF the
"Mr Buchanan said certainly not I.eye eoud have bses
Ct the Legislature had yita.es the SUB
OF the Convention Although /; was not
give the validity, yet wou!a no. desSoy hsai
I. could Ieitker make the case better nor worse "