Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-12-18

he treated as regular because the Contention was called
by Territorial Legislature. which bad been repeatedly
recognized by the Congress " the United States as lee
gal body beg Senators not 20 fall into an error as To
the Presidents meaning this point lie docs not say,
he does not mean. that this Convention had ever been
recognized by hc Congress OF The United States as legal
valid On the contrary, he knows, as we here know,
that during Che last Congress reported bill from the
Committee Territories authorize the people Of AM
sas 10 assemble and form Constitution Tor themselves
Subsequently the Senator from Georgia or Ioomhsl
brought forward substitute for my Hill which after
having been modified by him and myself in atom
was passed by me senate iiis known lh w '43"ul
"thc Toonbs bill" II authorized the people Of Kan
sas Territory to assemble IN convention aud form V9n-
siituuon, preparatory 90 their admission mo tne Nsgh
as a State That bin Il well known, defeated In
the House Of Representatives IL matters not for tho
purpose OF this Argument what was inc reason oi Us
defeat Whether the reason political one, whether
IL had reference 20 tho then existing contest for hc Pres
idrncy whether Il was keen open the slavery ques-
tion whether t conviction that the bill would NOT
be- fry carried Out whether IL because there were
people enough In Kansas TO justify the formation Of
q State matter what the reason was the House Of
Representative refused to pass that BILL and thus denied
60 the people nf Kansas the right 20 form Constitution
and State Government at this time. So far from the
Congress Of the United states having sanctioned or le-
Called the Convention which assembled at Lccompon,
expressly withheld It's assent The assent has nothccn
given either In express terms hy implication and bee
ing withheld, this Kansas Constitution has just such ,l-
ldy and just such authority the Territorial Lcgisla.
turc Of Kansas could mpar to il wthou, the assent and
in opposition 20 the known will Of Congress
Now Sir let ask what is the extent Of the author
ity NJ Territorial Legislature TO calling Constitu-
uonal Convention without the assent Of Cougrcsf For
unacy this Is not new question u docs not arse
Tor the FIRST time When the Topeka Constitution was
presented 20 The Senate nearly two years Il
frrcd 10 the Committee on Territories with variety Of
measures relating 20 Kansas The Committee made q
fun report upon the whole subject Thatrcpor reviewed
all the irregular which had occurred IN our history
in the admission NJ new States. The Committee wont
on TO the superstition that whenever Congress had passed
enabling act authorizing the people Of Territory 10
form State Constitution, the Convention was regular
and possessed MI the authority which Congress had dele
gated 10 IT, but whenever Congress had failed or refused
20 pass an enabling cact the proceeding was irregular
and void, unless vitality impaired to itby suhsc
hcnls Of the Topeka Constitution insisted that, ale
h,ugh ihcir proceedings irregular they ncrc not
irregular bat that Congress could the ly adj
hitting Kansas with that Constitutions They ctcda va
r"ty " cascs-amonest others the Arkansas case In
70. on territories, except ihc senator rom Vermont
MIR C0l7mcr reviewed tho Arkansas case, well as
the others, and affirmed the doctrine established by Cen
cral Jacksuns administration, and enumerated in the
opinion of Mr.. Attorney General Butler, part NJ which
opinion copied into the report and published 10 tho
country at the time.
Now sir in order to ascertain what we understood on
the 18th of March, lSjG-ulc moro than year and a
half agoio be the doctrine this point, let
call Your attention to the opinion Of Mr. Butler IN the
Arkansas case VINO sent an address TO President achso
in which he stated that he had been urged " can togrh
er the Legislature Of the Territory Of Arkansas, for tho
purpose ol allowing them 70 call convention % flm
Constitution preparatory 10 their admission into The I'M
ion e State The Governor stated that, nhs opinion
the Legislature had power call such convention
without the OF Congress had first been obtained
but ho asked instructions that point The President
referred The 10 the Secretary OF State and he asked
for the advice 0f the Attorney General whose opinion
was given and adopted as the plan of ueon and CONF
muucacd 20 the Governor OF Arkansas for his iustruc-
ton. will read some extracts from tina, opinion
Consequently, % is not in the power of the General
Assembly Of Arkansas 10 pass any law for The purpose OF
electng members 10 form Constitution and state Gov
crnmcnt or to do any other act directly or indirectly
create such new Government Every such law, even
though it were approved by the Governor OF the Territory,
would be- null and void II passed by them notwith-
standing his veto by Of two-thrd Of each branch,
it would still be equally void
If am right in the foregoing opinion, will then fol-
row tnH' ll,e course oi % 'oNeIhor' IN oc,hE ID ol
together the Territorial Legislature for the purpose in
question such his legal duties required; and that
the views he has expressed in his public address and
also in his official communication to Yourself FAR
they indicate an intention not to sanction concur in
any legislative other proceedings towards the Orna.
ton ~ State Government until Congress shall have
This is what have understood to be the settled doc
rinc to the authority OF Territorial Legislature
call Convention without the consent Of Congress first
had ana obtained The reasoning is very clear and pal
pable Territorial Legislature possesses whatever
power it, organic act gives it. aud more The organ
ic act Of Arkansas provided that the legislative power
should be vested in the Territorial Legislature the
the organic act Of Kansas provides that the legislative
power and authority shall be vested ia the Legislative
power II is TO cgslne for that Territory under the
ganic act, and in obedience to it. 1t does not include
any power to subvcrt the organic act under which it
brought into existence. II has the power TO protect IT,
the power tn execute IT, the power carry It into cfct
but II has power 10 subyert, to destroy and
hence that power can only be obtained by APPLYING to
rs itself But vIie the Attorney General decided, with
the APPRECIATION OF the Administration Of Gen jackson,
that the Territorial Legislature had power To call
Convention, aud that lis action was void II it did, he
went further
No law has passed by Congress which either OK
prcssy or implicitly gives people Of Arkansas
authority to form State government"
Nor has there been any in regard Kansas The two
are alike thus far. They alike in all particulars
FAR this question involving the legality and the
lidity Of the Lccompton Convention is concerned The
opinion goes ON to say
''For the reasons above stated am therefore Of o.
pinon this the inhabitants OF that Territory have at
present and that they cannot acquire otherwise than by
an actof Congress, right to form such government
General Jackson administration took the ground that
the people Of Arkansas, by the authority Of the Terrific
rial Legislature, had not the power to hold convention
to form Constitution and could not acquire from any
source whatever except from Congress. While, there
fore tho legislative act OF Arkansas held to be void
so far as It assumed authority to authorize the calling
convention to form Constitution, yet they did not
hold in those days that the people could assembl,
and frame a Constitution in the form Of petition.
VIII read the rest OF the opinion in order that the Sen
ate may understand precisely what the doctrine on
this subject al that day, aud what the Committce on
Territories understood to be the doctrine this subject
in March 1856 when put forth the Kansas report q,
cmh1dying what we Nebraska undcrstood u be ou
doctrine at that time Here it IS This copied int
"B,r am not prepared say that all proceedings Of
this subject on the part Of the citizens NJ Arkansas, vii
be illegal They undoubtedly possess the ordinary priv
ieges and immunhcs Of the United States Among
these Is the right 20 assemble and petition the Govern
mcnt for the redress OF grievance In the exercise %
this right the Inhabitants OF Arkansas may pelccah,
meet together in primary assemblies for the purpose
pcuoning Congress % abrOIate the Territorial Govern
mont and 20 admit them into the Union as an indr,
pendent State. The particular form which they MAJ
give 90 their petition cannot be material long thcl
coutnc themselves 10 the right of pettnnng,
conduct all their proceedings in peaccahle manner
And as the power Of Congress over the whole subject b
plenary and unlined, they may accept any Constitu
ton, however framed which In their Judgment meets tn,
sense Of the people TO be affected by H. II, therefore
the citizens OF Arkansas think proper TO accompany
their petition with written Constitution, framed ant
agreed by their primary assemblies, by
ton of delegates chosen by such assemblies perceive
which may be taken collect the Of h
people In respect 10 il; provided always that such mea
sures be commenced and prosecuted In pcaceable
nor, in strict subordnahon 20 the existing Territorial
Government, aud in entire subsrryiency the power %
Congress to adopt reject, or disregard them, at then
pleasure"
While the Legislature Of Arkansas had no power Il
create convention to frame constitution, lcga
constitutional body yet, il the people chose asiemb,
under such act OF the Legislature for the purpose
pponng for redress Of grievances, the assemblage
not tNeral II was not unlawfu asscmbagc IL wa.
not such asscublage the military power could be
used 70 dispense, for they had right under the Constiu
ton thus To assemble and petition. But II they assumed
To themselves the right or the power q make govern
ment that assumption act of rebellion which Gen
cral Jackson said il his duty put down with the
military force OF the country II You apply these prln
cples 10 the Kansas Convention, you find that il had
power to do amy act as convention forming govern
ment You hnd that the act calling it null aud vote
nom the beginning; YOU find that the LEGISLATURE coull
confer no power whatever ON the Convention. The Con
Nenton was SIMPLY an a,sembage Of pcaceahlc citizens