Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-15

at present. and that they cannot acquire 0herTise than
by act Of Congress- the right to form such govern
ment"
| General Jacksons Administration took the
ground that the people of Arkansas, by the
authority of the Territorial Legislature, had
not the power to hold a convention TO form a
| constitution, and could not acquire it from
any source whatever EXCEPT fiom Congress.
While, therefore, the legislative act of Ar
kansas was held to be void, SO far as it assun-
| ed authority to authorize the calling Of con-
| vention TO form constitution, yet they did
not hold, in those days, tina the people could
| not assemble and frame Constitution in the
form o. petition. l Will rad the rest of the
| opinion in order that the SAate may under
| stand precisely what was Thu doctrine on this
subject at that day, and wha the Committee
on Territories understood toibe the doctrine
on this subject in March, 1876, when we put
forth the Kanzas report as enbodyng what
we Nebraska men understoodto be our doc
trine at that time. Here it is. This was cop
led iIStS that report:
"But not prepared to say that III proceedings
this subject, on the part Of the citizens Arkansas will
De Illegal They undoubte lily possess t ordinary priv
eges and immu9ities Of citizens Of TIT United States
Among these is the right assemble and petition the
GVernment for the redress of grievances In the
ce OF this right the inhabitants of Arkansas may peace
ably meet together in primary assemblies in
Ventous chosen by such assemblies, FIR the purpose Of
peuuonng Congress to abrogae the etrtorial govern
ment and to admit theminto the Unio an independ
ent state The particular vhirh they may give to
their petition, cannot be MATERIAL LOG they conne
themselves to the mere right Of petiting and conduct
all their proceedings in peaceabe mner. Ard as the
power OF Congress over the whole sus is plenary and
unlimited they may accept any conttutiOn, however
framed which IN their jadgm Mt meet the sense OF the
people to be affected by it. IT, herefoe, the itizens Of
Arkansas thiuk proper to accompany heir petition with
awritten Constitution, framed sreed by their
primary assemblies, or By convection of delegates
CHOSEN by such assemblies, perceive legal objection
to their power to do to any measures Thch may
be taken to collect the of the peoEe in respect II;
provided, always, that such measures commenced anu
prosecuted In peaceabe manner in siict subordnstioa
to the existing territorial governmental md in entire sub
servency to the power OF Congress adopt reject,
disregard them, a. their pleasure
While the Legislature Of Arkansas had no
power to create a convention to frame con-
stitution, as legal constitutional body, yet,
if the people chose to assemble under an act
Of the Legislature for the purpes of petition
ing for redress of grievances, he assemblage
was not illegal it was not an unlawful as
semblage it was not such as assemblage as
the military power could be usd to dispense,
for they had right under tb constitution
thus to assemble and petition But if they
assumed to themselves the RICH or the power
to make government, that assumption was
uh dOb VI IGUelllOu WHICH ONGTdl JdChSOu
said it was his duty to put down with the
military force Of the country. If you apply
these principles to the Kanzas Convention,
you find that it had no power do any act
as a convention forming government you
find that the act calling il was null and void
from the beginning you find tht the Leg
islature would confer no power whatever on
the convention. The conventionwas simply
an assemblage of peaceable citizen, under the
constitution Of the United Statespetitioning
for the redress of grievances, AM, thus as.
sembled, had the right to put thei petition in
the form of q constitution if they those but
still it was only petition -havinghe force Of
petition-which Congress coul accept or
reject, or dispose of as it thought poper.
That is what l understand to lust the
extent of the power and authory of this
Convention assembled at Lecompto. 1t was
not an unlawful assemblage like tht held at
Topeka for the Topeka constitution was
made in opposition to the Territoril law, as
thought, intended to subvert the Govern.
ment without the consent of CONFESS, but,
as contended by their friends, not inended to
subyert the Government without tn consent
of Congress. Ii their object was subvert
it without the consent of Congress, t was an
act of rebellion, which ought to hive been
put down by force. If it was a peaeble as.
semblage simply to petition and aide the
decision of Congress on the petitifn, it was
not an unlawful assemblage. l had, how
ever, that it was an unlawful asseublage. /
hold that this Lecompton assemblag was not
an unlawful assemblage but, onthe other
hand, hold that they had no legal Dower and
authority to establish a Government. They
had right to petition for redress of grew
ances. They had right in that EDITION to
ask for the change Of government fpm a Ter
ritorial government to a State goIernment
They had right to ask Congress to adbpt the
instrument which they had sent to us Is their
constitution; and Congress, if it thoualt that
paper embodied the will of the peopleof that
Territory, fairly expressed, might in is dis
cretion, accept it as constitution, ant admit
them into the Union as a State or 4 Con-
gress thought it did not embody the will of
the people of Kansas, it might reject tt or if
Congress was doubtful whether it did enbody
the will of the people or not, then it should
send it back and submit it to the people to
| have that doubt removed, in order tlnt the
| popular voice, whatever it might be, mould
! prevail in the constitution under whid the
| people were to live.
So far &C the act of the Territorial Lgsla-
tnre of Kansas calling this conventlol was
/ concerned, have always been under th i'm /.
| preston that it was fair and just in it, pro-
visions. have always thought the PEOPLE
should have gone together en- naas8e and goted
for delegates, so that the voice expressed by
the convention should have been the untues-
! toned and united voice of the people of Kan
sas. have always thought that thoseFho
stayed away from that election stood in heir
own wrong, and should have gone and vaed,
and should have furnished their names Il be
! put on the register list, so as to be voters l
have always held that it was their own fiult
that they did not thus 60 and vote; but vet,
if they chose, they had right to stay away.
| They had right to say that that convention,
although not an unlawful assemblage, il not
legal convention to make government, and
hence we are under no obligation to goand
express any opinion about it. They hid a
right to say, if they chose. " We will stay
away until we see the constitution they hal
Franc, the petition they shall send to Con.
! gress; and when they submit it to US for iati.
hcation, we will vote tor it if we like il, oil
vote il down IL we do not like it, L say they
had right to do either, though thought
and think yet, as good citizens, they ought
70 have gone and voted but that was tieil
business and Not mine.
| Conclusion tomorrow.