The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-17


OF organizing temporary Territorial Govern
ment, which was intended to remain subject at
all times to the control of Congress. uncer tie
authority conferred upon it by he Constitution
of the United States. Under the exercise of
this authority, Congress may at pleasure repeal
or modify the laws passed by the Territorial
Legislature, and may at any time aerogate and
remodel the Legislature itself, and all the other
departments of the Territorial Government
ITO suppose that the legislative powers
granted TO the General Assembly include the
authority to abrogate, alter, or modify, the Ter
ritorial Government established by the act of
Congress, and of which the Assembly is con-
stituent part, would be manifestly absurd. The
act of Congress, so far as it is consistent with
the Constitution of the United States, and with
the treaty by which the Territory, as part of
| Louisiana, was ceded to the United States is
the supreme law of the Territory; il is para
mount to the power of the Territorial Legisa-
ture, and can only be revoked or altered By the
authority from which it emanated TIE Gene
raj Assembly and the people of the Territory
are as much bound by its provisions, and as in
capable of abrogsting them, as the Legislatures
and people of the American States are bound
by and incapable Of abrogating the Constitu-
| ton OF the United States. II is also maxim
Of universal law, that when a particular thing
is prohibited by law, all means, attempts, or
| contriyances, to effect such thing are also pro-
| hibited. Consequently, it is not in the power
Of the General Assembly of Arkansas to pass
/ any law for the purpose of electirg members to
form a Constitution or State Government, nor
to Go any other act. directly or indirectly, to
create such new Government. Every such
Law, even though it were approved by the Gov
ernor Of the Territory, would be null and void.
If passed by them, notwithstanding his veto by
a vote of two-thirds of each branch, il would
still be equally void
| "This was the ground taken by the Admin
istration of General Jackson in regard to Ar
kansas; and the position is an unans werable
one. Any law passed by the Territorial Leg;s-
lature of Kansas, which possessed no greater
authority than the Territorial Legislature of
Arkansas, initiating a Convention, is utterly
null and void.
| "The Attorney General then goes on to dis
cuss the right of the people to petition, and to
get up Government and present it to Con.
gress, asking to be admitted as q State into the
| Union. He argues that they have no power
| to put into operation Constitution emanating
from the people, without Congressional author,
| ity, but they have the right to assemble and pc.
titon for redress Of grievances, and, if they
think proper, to present their petition in the
form OF Constitution, as the people Of Kansas
did the Topeka Constitution, leaving it to Con-
| gress 10 determine whether to admit them CT
not. But this Convention which met at lie.
compton originated in the call of the Territorial
Legislature, and is entitled to Just as much re-
spect and no more than would be a call erla.
mating from the same number of persons who
are equally respectable, and not members OF
that Legislature.
Bat sir, there is ether authority than the
Administration Of General jackson and the
| opinion of the Attorney General in 1885. We
have authority which | apprehend will be salts.
factory even to the Senator from PENNSYLVANIA.
| Mr.. Bigler, who endorsed this message in full
In the debate which took place upon the ad
mission of Michigan into the Union, an ohiec
ton was raised, that the Convention which as
sembled in the Territory of Michigan had not
been authorized by the Territorial Legislature,
but emanated from spontaneous meetings got
up in the Territory-a sort of voluntary Con.
vention. Mr.. Buchanan answered that obiec.
| ton.
"Mr. Hale. What Buchanan was that?
I" Mr.. Trumbull. Mr.. James Buchanan, now
President of the United States. / will read
what be said, from the Congressional Globe Of
that day:
"' We orght not to apply tho rigid rules O.
abstract political science too vigorously to such
0aS0o' IL las n0eu OuL Pracllce heretofore &c
treat our infant Territories with parental care
to nurse them with kindness, and when thew
had attained the age of manhood, to admit them
INTO Inc family without requiring from them q
rigid adherence to forms. The great question,
to be decided are-Do they contain a suffciep
population? Have they adopted a Republican
Constitution {? And are they willing to entei
the Union upon the terms which we propose
II SO, all the preliminary proceedings have
been considered but mere forms, which we have
1 NunI x-nH i TN
the scafolding Of the building which ia of M
further use after the edifce is complete. We
have pursued this course in regard to Tennes
see, to Arkansas, and even to Michigan. NJ
Senator will pretend that their Territorial Leg
islatures had any right whatever to pass laws
enabling the people to elect delegates to Con
vention for the purpose of forming a State Con
stitution. 1t was an act of usurpation on thei,
part
:" That was the language of James Buchan
an, now President OF the United States, who
encamped his army round about this Lecomp
ton Convention, declared it legal and now talks
about 1t as legitimate Convention, and speaks
in his message here of an election which ia r.
be held under Its authority as legitimate. |,
| was an act OF usurpation on the part of the
Legislature, to use his own language. ever 10
to have passed az act calling into being Con
ventlon to form State Constitution. How idle
is 1t, then, to talk of this Lecompton Conven
ton as Legitimate one, emanating from com
petent authority In the same speech from
which before read, Mr.. Buchanan remarked
! The Senator from Ohio Mr.. EwingI has
commended that the second Michigan Conven
ton had no power to assent, because the first
Convention which was held had refused.
Mr.. Ewing said he had asked whether. Il
the first Convention had assented to the condi
ton proposed by the act of Congress, there
would have been any objection to this assent
because 1t had been called by virtue of an act
of the Legislature?
| "' Mr.. Buchanan said, certainly not. /;
never could have been contended tina. this act
of the Legislature had vitiated the subseouen,
proceedings of the Convention. Although il
was not necessary to give them validity, vet i,
would not destroy them. 1t could neither make
the case better nor worse
"That was the opinion of Mr.. Buchanan in
regard to the authority of Territorial Leois
lature possessing all the powers under the or
ganic act which the Kansas Territorial Legis
lature possessed to call q Convention to form q
Constitution"
The next day. in the Senate, Mr. Douglas, in
the course of his elaborate speech against the
Presidents views of the Lecompton Conven
ton, remarked
"Tbe late Convention had never been recog
Missed by Congress, which, in distinctly refusing
to pass an enabling act for that purpose, haad
rather withheld its assent from the assembling
of any Convention in Kansas. Nor did the
organic act Of that Territory confer upon the
Legislature the power to authorize such body
Territorial Conventions were strictly legal only
when held N pursuance of an act of Congress
This was the doctrine announced by the Ad
ninistration of President jackson in the case