The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-12-31

though il were approved by the Governor oi
the Territory, would be null and void. II pass
ed by them, notwithstanding his veto. BY q
vote Of two-thifds Of each branch, 1t would still
I be equally void.
III am right Ia the foregoing opinion, /,
I will then follow that the course OF the goyerno
IN declining to call together the Territorial
/ Legislature. for the purpose in question, was
such as his legal duties required; and that the
views he has expressed in his public address.
and also In his Official comm unic alton 10 your.
self, 80 far as they indicate an intention not 10
sanction or concur In any Legislative or other
proceedings tow ards the formation Of q state
government until Congress shall have author
| lied II. are also correct
This Is what have understood TO be the
settled doctrine a. TO the authority of Ter.
rltorial Legislature to call Convention
without the consent Of Congress first had
and obtained. The reasoning is very clear
and palpable. A Territorial Legislature
Possesses whatever power its organic act
gives 1t, and no more. The organic act of
Arkansas provided that the legislative power
should be vested in the Territorial Legisla-
ture, the same ~ the organic act of X ansas
provides that the legislative power and au-
thorlty shall be vested in the Legislature.
But what is the extent Of that legislative
power? II is to legislate for that Territory
under the organic act, and in obedience to
IT. IL does not include any power to
subvert the organic act under which il was
brought into existence. 1t has the power
to protect it, the power to execute It, the
power TO carry 1t into effect but it has no
power TO subvert, none to destroy and
hence that power can only be obtained by
applying to Congress, the same authority
which created the Territory itelf. But
while the Attorney. General decided with
the appreciation OF the administration of
ten. jackson, that tie Territorial lepisia-
ture bad no power TO call Convention, and
that its action was void If it did, he went
further
"No law has yet been passed by Congress
which either expressly or implicitly gives 10
the people Of Arkansas the authority TO form
State Government"
Nor has there been any in regard to X an.
sas. The two cases are alike thus far They
are alike in all particulars so far as this
question involving the legality and validity
OF the lecompton Convention il concerned.
The opinion goes on to say:
. For the reasons above stated, | am, there.
fore. OF opinion that the inhabitants Of that Ter.
ritofy have not NJ present, and that they can.
not acquire otherwise than by an act Of Con.
grsss, the right 10 form such government
General Jackson administration took the
ground that the people Of Arkansas, by the
authority Of the Territorial Legislature,
had not the power to hold convention to
form Constitution, and could not acquire
it from any source whatever except from
Congress. While, therefore, the legislative
act Of Arkansas was held to be void, so far
as it assumed the authority to authorize the
calling Of u convention to form constitu.
ton, yet they did not hold, in those days,
that the people could not assemble and
frame Constitution in the shape of peti.
ton. ] will read the rest of the opinoin in
order that the Senate may understand pre-
ciscly what was the doctrine on this subject
at that day, and what the Committee on
Territories understood to be the doctrine on
this subject 10 March, 1856. when we put
forth the Kansas report as embodying what
we Nebraska men understood to be our doc
trine at that time. Here it is. This was
copied into that report;
- But am not prepared 10 say that all pro-
ceedings on is subject, on the part Of the cit.
izens Of Arkansas, will he Illegal. They un.
doubtedly possess the ordinary privileges and
mmunities OF citizens OF the United States
Among these Is the right TO assemble and petl.
ton the Government FOR the redress of grievan,
ces. In the exercise of this right the inhabit.
ants of Arkansas may peaceabiy meet together
In primary assemblies, or in conventions chosen
H. f,rt h.,
ing Congress TO abrogate the Territorial GOV.
eminent and TO admit them into the Union a.
an Independent State. The particular form
which they may give 10 their petition cannot be
material, 30 long a. they coniine themselves to
the mere right OF pettlonibg, and conduct all
their proceedings IN peaceab!e manner. And
a. the power Of Congress over the whole sub.
jet is plenary and unlimited. they may accept
any consultation, however framed, which In
their Judgment meets the sense Of the people TO
be affected by il. II, therefore, the citizens of
Arkansas think proper TO accompany their pc.
tltlon with written constitution. framed and
agreed on by their primary assemblies, or by
convention Of delegates chosen by such Assem-.
blies, perceive no legal objection to their
power 10 do so, nor 10 any measures which may
be taken o. collect the sense Of the people IN
respect TO 1t; provided always that such meas.
ures be commenced and prosecuted in q peace
able manner, in strict subordnatioB 10 the ex
tstng lcrrtofial government, anu IN entire
sub-eryiency to the power Of { ongtess 10 adopt.
reject. or disregard them, at their pleasure
While the Legislature OF Arkansas had
no power to create convention TO frame a
constitution. as legal constitutional body.
yet, IL the people choose 10 assemble under
such an act Of the Legislature. for the pur-
pose of petitioning FOR redress Of grievances,
the asenblage was not Illegal 1t was not
an unlawful asscmblage il Was not such an
assemblsgs as the military power could be
used to disperse, for they had right under
the Constitution thus TO assemble AMI Ieti.
ton. But il they assumed to themselves
the right or the power 10 make govern
ment. tina, assumption was an act Of rebel
lion which General jackson said ii was his
duty TO put down with the military force
Of the country. If you apply these priuci-
pies to the Kansas Convention you find that
|, bad no power TO do any act as couven.
tion forming government Won ind tina,