The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1857-12-24

failed or refused to pass an enabliEg act, the
proceeding was irregular and void, unless
vitality was impaired to it ty a subsequent
act Of Congress adopting and confirming
it, s' s-i itiHptt -
The friends Of The Topeka Constitution
insisted hat,OlthOugh their proceedings were
irregular, they were not SO irregular but tina,
Congress could cure the error by admitting
Kansas with that Constitution. They CITED
a variety Of cases, amongst others the Ar
kansas case. 10 my report, sanctioned b,
every member of the Committee on Terrific
ries, except the Senator from Vermont, (Mr
Coliamer0 reviewed the Arkansas case Al
well as the others, and affirmed the doctrin,
established by General Jackson's Admins
tration, and enunciated in the opinion of Mr
Attorney Genera Butler, part of which
opinion was copied into the report and pub
! hshed to the country at the time. Now
sir, in order to ascertain what we understood
on the lst o. March, 1885, little more than
ayear and hall lfago-to be the true doc
trine on this point, let me call your. atten-
tion to the opinion OF Mr.! Butlerin the Ar
kansas cnse. The Governor of the Terri
tory of Arkansas sert q printed address to
President Jackson, in which he stated that
he had been urged to call together the Leg
islature Of the Territory of Arkansas, for
the purpose, Of allowing them TO call Con-
vention to form Constitution, preparatory
to their admission into the Union as State.
The Governor stated that, in his opinion,
the Legislature had mo power to call such a
Convention without The assent Of Congress
having first been obtained, but he asked in
structons on that point. The President
referred the case to The Secretary Of State,
and he asked for the advice of the Attorney
General, whose opinion was given, and
adopted as the plan of action, and communi.
Gated to the Governor of Arkansas for his
instruction. Twill read some extracts from
that opinion: ,Etta 1a, 9oA 1s '' +
consequently it is not in the power of
the General Assembly of Arkansas to pass
any law for the purpose of electng members
to form Constitution and State Govern
ment, or to- DO any other act, directly or in.
directly, to create such new Government
Every such law, even though it were approx
|. ed by the Governor of the Territory, would
be null and void. If passed by them, not
,withstanding his veto, by vote of two
thirds Of each branch, It would still be equal,
ly void. r F
"If am right in the foregoing opinion, it
will then follow that the course. fthe Gov.
ernor. in decfning,to call together the Ter
ritorial Legislature for the purpose in ques-
tion, was. such as hislegal duties required;
and that the views he has expressed, and al.
SO in his official communication, to yourself,
so far as they :adftate M intention sot to
sanction or CONCUR in any legislative or 9th.
er proceedings towares. the formation of a
State Goverhhaent until Congress shall have
authorized it, are also eorre CT" ija ii
! That is what have understood to be the
settled doctrine as to the authority Of Ter
ritorial Legislature to call a Convention
without the consent of Congress first had
and obtained. The reason is very clear and
palpable A Territorial Legislature pos,
sesses whatever power lis organic act gives
it, and no more. The organic act of Arkan
sas provided thatthe legislative power should
be vested in the Territorial Legislature, the
same as the organic act of Kansas provides
that the legislative power and authority shall
be vested in the Legislature. But what is
the extent of that legislative power! 1t is
to legislate for that Territory under the or
ganic act, and in obedience 10 it. 1t does
not. include any power to subyer the organ
'ic act under which it was brought into exis'
tence. 1t has the power TO protect it, the
power to execute it, the power to carry it in
to effect; but it hps no power tosubvert, none
Ito destroy; and hence that power can only
be obtained by applying to Congress, the
same authority which ereatsd,the Territory
itself. But while the Attorney General de-
cided, with the appreciation Of the Admins
tration Of General Jackson, that the Terri
toriul Legislature had no power to call ,
Convention, and that its action was void if i
did, he went further: ~ "a. 50 ,tsoses
! .bqNo law has yet been passed by Congress
! which either expressly or impledly gives t
the people Of Arkansas the authority to form
State Government ,e.s 4,'rs.s,; II
Nor has there been any regard to Kansas
The two cases are alike thus far. They art
alike in all particulars so far as this aues
tion involving the legality and the validity
of the Lecompton Convention is concerned
The opinion goes on to sny: W !.
"For the reasons above stated am there
fore of opinion that the inhabitants Of tha
Territory have not at present and that they
cannot acquire otherwise than by act Q
Congress, the right to form such Govern
ment. ,asaAaQ 8 Z ssgir2t r@Mr
General Jackson's administration took th
ground. that the people Of Arkansas, By tn
|; authority Of the Territorial Legislature, ha
not the power to hold convention I
form Constitution and could not acquire
/ 'ffom any source whatever except from Cor
gress. While therefore, the legislative &C
4 alv4F O. .,wsf. 4 :