The Burlington weekly hawk-eye. [volume] (Burlington, Iowa) 1857-1858, 1857-12-23

...-I-e.s - 60 . i.
apseehe9 Observation-Disclosures
49, - ese hecempeen Cenvensiea.
Ihs fo!low.lS |. :, report Of the remarks q
Ne. Trumhpll 10 the Senate on the 9th lust u
sseNr. Tsumbsil- the message passss
from the confederation Of the Senate at this
time, ! desire TO say word in regard 70 An %.
eumptl0n which is made in Il, which think ID
not founded in fact, and upon which the whole
argumens Of the President in regard TO Kansas
is based. believe Il right and proper to COM
bat error upon all occasions, and 70 meet u as
the Threshold. M
The President, in treating upon this Kansas
question, speaks Of the convention which met Ae
Lecomplon, and framed constitution, IS It i
were legitimate convention. The honorable.
| Senator from Virginia has just spoken OF y -
| legitimate convention. Nov, cir, DENY ~ toto
| that that convention possessed any authority
whatever; and do not place my denial on the
| ground that the Territorial Legislature OF Kan.
| sas was fraudulent Legislature. believe that
to be so. / believe that the Legislature had no
authority to act upon any subject; but, con-
ceding that 1t was the legitimate Legislature q
the Territory Of Kansas. properly convened M
| der the organic act, deny that u had any au-
shorty whatever to initiate convention 70 form
l 4 constitution for the people OF Kansas, anu
destroy the territorial government
The Congress of the United Ststes, at its last
session, refused repeatedly to authorize the PEG.
| Die OF Kansas to form State constitution. blu
alter bill was presented to give authority 70 tne
people to hold q convention and form constl-
| tuition. preparatory to admission into the Union;
but ali failed Such an act ives passed IN regard
| 70 Minnesota, and such has been the usual
course in regard to all the Territories. Now,
| do not undertake to say that Congress may NOT
| take up and ratify the proceedings OF conven.
| ton which 10 called without legslSauthority.-
| They have done 90 in several instances, IS 10
Michigan and California. Congress has not al
WAYS passed an enabling act In the FIRST instance,
but usually it has. do not say, however, that
the convention which met TO form constitu.
ton in Kansas, under the authority OF the Ter.
ritorial Legislature, was not convention con-
veued in pursuance Of law; because . Territorial
Legislature has no authority to do any act de-
structive Of the territorial organization, and
the authority granted in the Kansas act author
izing the Territorial Legislature to legislate on
all rightful subjects, not inconsistent with the
Constitution Of the United States and the organ
ic act, is not different from the authority which
was granted to Territories in previous instances
In looking at the act for the organization OF the
Territory Of Minnesota, find that its sixth sec
ton declares, shat the legislative power of the
Territory shall extend to all rightful subjects Of
legislation, consistent with the Constitution of
the United States and the provisions Of the or
ganic act" So, also, the territorial act estab-
fishing the Territory Of Arkansas provided that
its Legislature shall have authority ITO pass any
law for the administration Of justice in said
Territory" which should not be lepugnant TO
the organic act, or inconsistent with the Con-
stitution Of the United States. In regard to
Michigan, the organic act gave authority 10 the
Legislature to make laws in all cases for the
good government OF the district, not repugnant
to the ordinance of 1857, under which it was
organized.
Now, cir, wish to call attention to prece-
dent on this subject, for it is no new question.
Some years ago an attempt was about being
made in the then Territory Of Arkansas to get
up q convention under the territorial act. The
Governor of Arkansas addressed the President
of the United States, at that time General Jack.
son, to know what course he should pursue, in
case the Territorial Legislature attempted to
call convention to form . State constitution.
Gen. Jackson referred the communication to
the Attorney General Of the United States, and
here is his opinion:
1.-THE legislative power is vested in q General
Assembly, composed of two branches-the Leg.
is!ative council and the House of Representa-
tives; both OF which are elected by the people.
The act providing for the government OF the
Territory Of Missouri, approved June 4, 1872,
and which is adopted in the laws relating to Ar
kansas, as defining the powers Of the legislative
| department, declares that the General Assem-
bly, shall have power to make laws IN all cases,
both civil and criminal, for the good govern .
-. To-
nant to, or inconsistent with the Constitution
and laws of the United States This part Of the
law is to be tuken in connection with the other
provisions contained in it; and when SO consid.
cred, it will be seen that the whole law Was de.
signed to accomplish the single purpose OF Or
ganizing . temporary territorial government,
which was intended to remain subject at all
times to the control OF Congress, under the au.
thority conferred upon it by the Constitution OF
the United States. In the exercise OF this au-
tbority, Congress may, at pleasure, repeal or
modify the laws passed by the Territorial Leeis-
lature, and may, at any time, abr0gate aud re-
| model the Legislature itself, and Nil the other
| departments Of the territorial government.
ITO suppose that the legislative powers
granted to the General Assembly include the
| authority to abrogate, alter, or modify the ter
ritorial 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 it is consistent with
the Consultation of the United States, and with
the treaty by which the Territory, as IA part OF
louisiana, was coded to the United States, ID
the supreme law OF the Territory it is para
mount 10 the power OF the Territorial Legisla-
ture, and can only be revoked or altered by the
authority from which it emanated The General
Assembly and the people of the Territory are
as much bound by its provisions, and as incapa.
BILE OF abrogating them, as the Legislature and
people of the American States are bound by and
incapable Of abrogating the Constitution OF the
Uuited States. 1t is also maxim of universal
law, that when particular thing is prohibited
by law, all means, attempts, or contrlvances to
effect such thing are also prohibited. Conse-
Queuty, it is not in the over OF the General
Assembly OF Arkansas to pass any law for the
purpose of electng members to form Consti-
sutton and 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 Governor of the Terri
tory. would be null and void Ii passed by
them, Notwithstanding his veto, by vote OF
twO-thrds of each branch, It would still be
equally void" ,-..
This was the ground taken by the admi istra
ton OF General jackson in regard TO Arkansas;
and the position is an unanswerable one. Any
law passed Dy tue IetFltOtldi LtSisidtuIc VI
Arkans initiating "a convention, is utterly
null and void.
The Attorney General then goes Oh TO diseass
The right OF the people 10 petition, and 10 get
| up a government and present IL TO Congress,
asking to be admitted State into the Union.
| lie argues that they have no power 10 rut mo
| operation constitution enianating iioin the
| people, without congressional authority. but
| they have the right TO assemble and petition
| for redress of grievances, and, II they think
| proper, to present their petition IN the form OF
| q constitution, as the people OF Kansas did the
| Topeka Constitution, leaving it TO Congress TO
| determine whether to admit them or not. But
! this convention which at Lecompton originated
| in call OF the Territorial Legislature, and 10
entitled to just as much respect. and no more
than would be a call emanating fro.. the same
number OF persons who are equally respectable,
aud not members OF that Legislature.
But, sir, there is other authority than the Ad.
ministraton of Genera! jackson and the opn.
ion o! the Attorney General ia 1885. We have
authority which apprehend " al be satisfactory
even to the Senator from Pennsylvania, Mr..
4 Ripler who indorsed this message in full In