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

] VI not the CONSTITUTION winch has been
framed, each and every clause of it meets their
appreciation. The President, in his message,
has made an unanswerable argument in favor
of the principles which require this question
to be sent back. 1t is stated in the message.
with more elearness and force than any lam
| guage which can command, but can draw
| your attention to it and refer you to the argu-
| ment IN the message, hoping that you will
take It as part of my speech-as expressing
my idea more fnrcibly than am able to ex-
! press It, The President says that question
OF great interest, like the slavery question,
cannot be fairly decided by a convention of
delegates, for the reason that the delegates are
| elected in districts. and in some districts a
| delegate is elected by small majority; SO
that 1t often happens that majority of the
delegates are one way, while a majority of
| the people are the other way and therefore
1t would be unfair, and inconsistent with the
| great principle of popular sovereignty, to al
low body of delegates, not representing the
| popular voice. to establish domestic institu-
tons Tor the mass of the people. This is the
Presidents argument to show that you cam
not have fair and honest decision without
| submitting it to the popular vote. The same
argument is conclusive with regard to every
| other question, as well as with regard to
| Slavery.
But, Mr.. President, it is intimated in the
| message that, although 1t was an unfortunate
| circumstance, much to be regretted, that the
| LecomptiOn Convention did not submit the
Constitution to the people yet perhaps it may
| be treated as regular, because the Convention
was called by Territorial legislature which
has been repeatedly recognized by the Con.
gress of the United States as legal body.
beg Senators not to fall into an error as to
the Presidents meaning on this point. He
does not say, he does not mean, that this
Convention had ever been recognized by the
Congress of the United States as legal or val
id. On the contrary he knows, as we here
know, that during the last Congress report
ed a bill from the Committee on Territories to
authorize the people of Kanzas to assemble
and form Constitution for themselves. Sub
sequently the Senator from Georgia Mr..
Toombs) brought forward a substitute for my
bill, which, after having been modified by
him and myself, in consultation, was passed
by the Senate. 1t is known in the country
as "the Toombs BILL" 1t authorized the peo-
pie OF hanzas Territory to assemble in con-
vention and form Constitution preparatory
to their admission into the Union as State.
That bill, it is well known, was defeated i'll
the donse Of Representatives. 1t matters
not, for the purpose of this argument, what
was the reason of its defeat, whether the
reason was a political one, whether it had
reference to the then existing contest for the
Presidency; whether it was to keep open the
slavery question; whether it was conviction
that the bill would not be fairly carried out
whether it was because there were not people
enough in Kanzas 10 justify the formation of
State no matter what the reason was, the
House or Representatives refused to pass that
bill, and thus denied to the people Of Kanzas
the right to form a Constitution and State
Government at this time So far from the
Congress of the United States having sane
toned or legalized the Convention which as
sembled at Lecompton, it expressly withheld
its assent. The assent has not been given,
either in express terms or by implication
and being Withheld. this Constitution has just
such authority as the Territorial Legislature
Of Kanzas could impart to it without the as
sent and in opposition to the known will of
Congress.
Now, sir, let me ask what is the extent of
the authority of Territorial Legislature as
to calling Constitutional Oonyantion with
out the assent of Congress. fortunately,
this is not new question It does not now
arise for the first time. When the Topeka
Constitution was presented to the Senate
| nearly two years ago, it was referred to the
Committee on Territories, with variety of
! measures relating to Kanzas. The Commit
tee made full report upon the whole SUBJ
| ject. The report reviewed all the irregular
cases which had occurred in our history in
the admission OF new States. The Commit
tee went on to the supposition, that when
ever Congress had passed an enabling act
authorizing the people of Territory to form
State Constitution, the Convention was re-
| uular and oil ba rrvbs ol,
| Congress had delegated to it, but whenever
| Congress had failed, or refused to pass an en-
abling act, the proceeding was irregular and
| void, unless vitality was impaired to it by a
| subsequent act of Congress adopting and con-
hrming it. The friends of the Topeka Con-
| stitutlon insisted that although their proceed
| ings were irregular, they were not 30 irregular
but that Congress could cure the error by
| admitting Kanzas with that constitution.
| They cited variety of cases-amongst others
| the Arkansas case. In my report, sanctioned
| by every member of the Committee on Terri
| tories, except the senator from Vermont Mr.,
| Collamer), reviewed the Arkansas case as
well as the others, and affirmed the doctrine
established by Gen. Jacksons administration,
and enunciated in the opinion of Mr.. Attor-
ney General Butler, part Of which opinion
was copied into the report, and published to
the country at the time.
Now, sir, in order to ascertain what we
| understood on the 18th Of March, lS56-little
more than year and half ago-to be the
| true doctrine on this point, let me call your
] attention to the opinion OF Mr.. Butler in
| the Arkansas case. The Governor of the
| Territory of Arkansas sent printed address
| to President Jackson, in which he stated that
he had been urged to call together the Legis-
lature of the Territory of Arkansas, for the
/ purpose of allowing them to call conven-
ton to form a constitution, preparatory to
| their admission into the Union as a State
| The Governor stated that, in his opinion, the
Legislature had no power to call such con-
| vention without the consent of Congress had
first been obtained, but he asked instructions
| 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 comm unicated to the Governor of
Arkansas for his instruction. will read
some extracts from that opinion
Consequently, it is not in the power Of the General
Assembly OF Arkansas to pass any law for the purpose
eecng members to form constitution and State govern
mrnt or TO do any other act directly or Indirectly to
| create such new government Every such law, even
though we're approved by the Governor Of the Territory
would be null and void. If passed by them, notwth
standing his veto, by vote Of two thirds of each branch
| itwould still be equally void
II am right in the foregoing opinion, 1t will then follow
that The course Of the Governor. in declining to cal
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 communication yourself so far as
they indicate intention sanction or concur in
any legislative or other proceedings towards the formation