The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-11

OF II we can look after when have committee and
printer.
Mr.. DoUGIAs-I accept tho amendment ~
MT IRuhBuII-Before the message passes from tho
consideration OF the Senate at this tme desire say
word in regard an assumption which is mado in IL,
which think not founded In fact and upon which the
whole argument OF tho President in regard to Kansas Is
basel peeve right and proper 10 combat error upon
all oceeons, and 70 meet at the threshold The Presi
dent in treating upon this Kansas question, speaks OF the
stitution, as II were legitimate convention The
honorable Senator from Virginia has just spoken OF
as legitimate convention. Now sir, deny in toto
that that Convention possessed any authority whatever
and do not place my denial the ground that the Ter
rtoria Legislature OF Kansas was fraudulent egisa-
ture believe that to be So believe that the Lcgisa
ture had no authority To upon any subject butt
cedng that was the legitimate Legislature OF the Terri
tory OF properly convened under the organic act
deny tfat IT had any authority whatever TO initiate
Convention TO form constitution for the people Of Kansas
and destroy the Territorial government The Congress Of
authorize the people Of Kansas TO form State consu
ton Bill after bill presented TO give authority To the
people TO hold convention and form constitution, pre-
paraory TO admission into the Union; but all failed Such
act was passed in regard to Minnesota and such has
been the usual course in regard to all Territories Now
do not undertake TO say that Congress may not
take up and ratify the proceedings Of Convention
which Is called without legal authority. They have
done so in several instances as in Michigan and Cali
fornia. Congress has not always passed an en-
abng act In the first instance, hut usually has, do not
say, however, that the Convention which form
constitution IN Kansas under the authority OF the Terrific
rial Legislature, was not Convention convened in pur
suance Of law; because Territorial Legislature has
authority TO do any act destructive of the Territorial
ganZaon and the authority granted in the Kansas
authorizing the Territorial Legislature TO legslae on all
rghu subjects not inconsistent with the constitution OF
the United states and the organic act not different from
the authority which granted 20 Territories in previous
instances In looking at the act for the organization of
the Territory Of Minnesota find that its sixth section de-
cares that the legislative power OF the Territory shall ex
tend all rghul subjects Of legislation consistent with
the constitution Of the United States and the provisions of
the organic So ALSO the Territorial act establishing the
Territory OF Arkansas provided that s Legislature should
have authority Ito any law for the administration OF
justice in said Territory which should not be repugnant
10 the organic act inconsistent with the constitution OF
the United States In regard 10 Mcngau the organic
gave authority 10 the Legislature make laws all
for the good OF the district repugnant
the ordinance Of 1857 under which il organized.
Now, sir wish TO call attention 10 precedent this
subject for 1t is question. Some years ago
tempt about being made in the then Territory Of
Arkansas TO get up convention under the Territorial act
The Governor Of Arkansas addressed the President of the
United States at that time General Jackson know what
Course he should pursue in the Territorial Legislature
attempted 10 call convention 10 form State constitution
General jackson referred the communication 10 the At
torney General Of the United States, and here is his
opinion
The Legislative power is vested in General Assembly
composed Of two branahesthe Legislative Council and the
s act providing Tor the q hs Terri
In the laws relating Arkansas defining the powers OF the
Legislative department declares that the General Assembly
Criminal The good of he psops o aid Teri
Tory no. 20 or ns9nsssnt %ss WITH the constitution
taken IN conneson with the other provisions contained in E
temporary Territorial 10 which was Intended .
authority conferred upon By the consgon q the United
pleasure repeal modify the passed BY Territorial
egsaure and may aapy time, abrogate aud remodel the
LEGISLATURE itself and all the other departments Of the Terri
raj Assembly include the authority abrogate alter nod
y the Territorial government established by the Of Con
Be manssy absurd The sc, of Congress 50 far as is
consistent with The Of the United States and with
"A WINS
ceded TO the United States the supreme Law the Terri
and sn nS bs or o1 esed e sv I
from which ~ en,anated The General Assemhy and the
people OF the Territory much bound by its provisions
and incapable Of abroeang them Legislatures and
sbrosans The Constitution q the United stacs It also
nss sr 81 w M w that wse Thing
such hing are also prohibited Consequently II Is not in the
Tor the purpose Of eectng members to form constitution
ana sae & nor e, DO other act directly or in
even though were approved by the Governor Of the Terri
standing his veto by Vote Of two thirds u each branch il
would still be equally void
This the ground taken by the administration of Cen
Jackson in regard to Arkansas and the position Il
answcrabc one. Any law passed by tho Territorial Ls
gislaure Of Kansas-whch possessed creator auth0r
ty than tho Territorial legislature of ATkansani,iatng
a convention is utterly null and void The Attorney
General then TO discuss the right Of the people 10
petition, and to get up government and present Il 10
Congress- asking to be admitted state into the Union
He argues that they have power pu, operation
constitution enanatng from the people, without congress
sona authority but they have the right TO assemble aud
petition for redress of grievances and II they think pro-
per 10 present their petition In the form Of constitution
the people Of Kansas did the Topeka constitution,
leaving IL to Congress to determine whether To al
init them not. But this convention which met
at Lecompon originated in call OF the Terri
torial Legislature, and Is entitled 10 just much
respect and no moro than would he call emanatng from
the same number OF persons who equally respectable
and not members OF that legislature But sir, there "
other authority than tho administration OF General Jack
son and the opinion Of the Attorney General In 1885, We
have authority which spprehend will be satisfactory
even 10 The Senator from Pennsyyan (r Bgler who
endorsed this n full In the debate which took
place upon the admission Of Michigan into the Union
objection raised that the convention which assembled
in the Territory of Michigan had authorized by
the Territorial legislature, but emanated from sponta
neons meetings got up in the Tcrrtorya sort Of volun
,ary convention Mr.. buchanan answered that OBJ
lection.
Mr.. HArE-what buchanan was that9
Mr.. THumHrL-Mr. James Buchanan, now President OF
the United states will read what he said from the C1l
cressionni Globe Of that day
We ough, apply the rigid rules Of absrsc, political
science vigorously such II has been practice
h,m with spdnes ,nd when hey had attained the
Sl 70 sd MA hen into The % family Without % re-
questions decided they -uncen pop
are they Wiling e enter se unidn upon the terms which we
g., 70 all Ss have Sss
ed instances They arc bu; the seaoldin Of the building
and even to Nchssn No Senator viii pretend hs their
enabling the people to elect delegates 10 conyeneo Cor The
purpose OF forming STATE CONSTITUTION. IL OF
or their part.
That was the language Of James Buchanan now presi
dent Of the United States who cncamped his army round
about this Iccompon Convention, declared legal, aud
now talks about legitimate convention and speaks
Ina his message here Of election which Is 10 be held
under It's authority legitimate. IL Of usur.
patton on the part Of the legislature 70 his Ian
guage, ever to have passed act calling into being
vention 10 form State constitution. How idle is It, then
TO talk Of this ecompton Convention legitimate one
emanating from competent authority In the same
speech, from which before read, Mr.. Buchanan re-
marked
The Senator from Ohio r Ewing coniended that the
second Michigan Convention had power
he hrst Convention which held had refused.
Mr. EwtSC said he had asked whether the
ion had assenied 10 the condition proposed the
there would have been any objection hs
'ause had been called by virtue of act OF the Legsa
ure
Mr. BrcHAs.S said, certainly not II never could have
been conended that this act Of the Legislature had vae
he subsequent proceedings Of the Convention. Although
not necessary 70 give them validity yet would not
destroy them II could neither make the better
worse.
That the opinion Of Mr. Buchanan regard 10 the
authority Of Territorial Legislature possessing all the
under the organic act which the Kansas Territorial
egisat possessed 10 call convention 10 form
atr \ M