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

ment, WEIGH was intended to remain suhlect at
all times to TIE control of Congress. uncer The
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 ahroeate and
remodel the Legislature itself. and all the other
departments of the Territorial Government
10 suppose that the legislative powers
granted to the General Assembly include the
authority to abrogate, alter, or modify, the Ter.
rltor1ai 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 il is consistent with
the Constitution of the United States, and with
the treaty by which the Territory, az a part of
louisiana, was ceded to the United States is
the supreme law of the Territory; it is para
mount to the power of the Territorial Legiga-
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 abrogating 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 a maxim,
OF universal law, that when particular thing
is prohibited by law, all means, attempts, or
contrivances, 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 Constitution or State Government, nor
to do any other act, directly or indirectly, to
create such new Government. Every such
Law, even though it were approved by the Gov
ernor or the Territory, would be null and void
If passed by them, notwithstanding his veto, by
vote of two-thirds of each branch, it 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 werab.e
one. Any law passed by the Territorial Legis-
lature of Kansas, which possessed no greater
authority than the Territorial Legislature of
Arkansas, initiating 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 State into the
Union. He argues that they have no power
to put into operation q Constitution emanating
| from the people, without Congressional author.
| ity, but they have the right TO assemble and pe-
tition for redress of grievances, and, if thew
think proper, to present their petition in the
form OF Constitution, as the people Of Kansas
did tie Topeka Constitution, leaving it to Con-
| gress to determine whether to admit them or
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 eroa-
mating from the same number of persons who
| are equally respectable, and not members Of
that Legislature.
But, sir, there is other authority than the
Administration Of General jackson and the
opinion of the Attorney General in 1885. We
how oyttb ,fxvx nh, L 1 sAI
factory even to the Senator from Pennsylvania,
Mr.. Biger, who endorsed this message in full.
In the debate which took place upon the ad-
mission of Michigan into the Union. an obs c.
| ton was raised, that the Convention which as.
| sembled in the Territory of Michigan had not
been authorized by the Territorial Legislature,
out emanated from spontaneous meetings got
up in the Terriiory-a sort of voluntary Con.
vention. Mr.. Buchanan answered that obiec-
ton.
"Mr. Hale. What Buchanan was that?
Mr.. Trumbull. Mr.. James Buchanan, now
President of the United States. | will read
| what he said, from the Congressional Globe of
| that day:
1--WE ought not to apply the rigid rules Of
abstract political science too vigorously to such
ca'O0' IL LAS Doeu UuI pracIIce heretofore 10
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 a
rigid adherence to forms. The great questions
TO be decided are-Do they contain sufficient
| population? Have they adopted Republican
! constitution And are they willing to enter
the Y mon upon the terms which we propose ?
1t Sc, Gil the preliminary proceedings have
| been considered but mere forms, which we have
waived in repeated instances. They are bpt
the scatfolding of the building, which is Of no
further use after the edi6ce is complete We
have pursued this course in regard to Tennes.
see, TO Arkansas, and even to Michigan. No
Senator will pretend that their Territorial Leg
lslstures had any right whatever to pass laws
enabling the people to elect delegates to a Can.
vention for the purpose of forming State Con.
stitution. 1t was an act of usurpation on their
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 to
be held under its authority as legitimate. II
was an act of usurpation on the part of the
Legislature, to use his own language, ever to
TO have passed az act calling into being a Con.
vention to form State Constitution. How idle
is it, 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.. EWING 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. if
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 it had been called by virtue of an act
of the Legislature?
Mr.. Buchanan said, certainly not. l.
never could have been commended that this act
Of the Legislature had vitiated the subsequent
proceedings Of the Convention. Although it
was not necessary to give them validity, vet it
would not destroy them. It could neither make
the case better nor worse
"That was the opinion of Mr.. Buchanan in
regard to the authority of Territorial Legis-
lature possessing all the powers under the or.
ganic act which the Kansas Territorial Legis.
lature possessed to call Convention to form
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
The late Convention had never been recog.
Missed by Congress, which, in distinctly refusing
to pass an enabling act for that purpose, had
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 AID
mlnlstratlon OF President Jackson in the case