The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-16
A RIGHTFUL SUBJECT OF LEGISLATION =


"a RIGHTFUL SUBJECT OF LEGISLATION
1t has been recently assumed that the Legislature
of Kansas had no power to pass law calling con-
vention to frame a constitution preparatory to its
admission into the Union as State and the opinion
Of Attorney General Butler in the of Arkansas
has been referred to authority, Mr.. Butler very
truly said that Congress had not, expressly or i'm
pEedly, conferred upon the people of Arkansas the
authority to frame State government the legisla-
tive power only extended to passing laws "for the
administration Of Justice in said Territory" and these
at first made by the governor and Judges.
But Mr.. Butler did not advise that the proceedings
framing constitution for Arkansas were Illegal
Congress did not treat the constitution formed by
the convention as nulity, but admitted the State
upon it, although opposed by John Quincy Adams
and others entertaining opinions in harmony with
his. But if the Arkansas proceedings had been
treated of no validity whatever they could not be
quoted as having bearing upon what has occurred
in Kansas. The present case stands upon wholly
different grounds. If the Kansas organic act does
not expressly confer power upon the legislation of
the Territory to call convention to frame a consti-
tuition, it is clearly implied The act first declares that
when admitted as Estate, the shall be received
into the Union with without slavery their eo,s-
to, may prescribe at the time of their admission" 1t
then enacts that its true intent and meaning is Ito
leave the people thereof perfectly free to form and
regulate their domestic institutions in their own
way The Legislature is then clothed with full
power to legislate upon ''H righm subjects Of kgis-
laion consistent with the constitution of tho United
States and this act" This limitation merely inhbts
q violation of the constitution and of the provisions
of the act The Legislature expressly clothed with
every other power which ii might choose to ex-
ercse if rghtful subject of legislation. When the
population became sufficient to form State and the
people desired the Territory to become one the call
ing of convention was unquestionably 'rightful
subject of legislation" and the formation of consti-
tuition in order to be admitted State was very
appropriate mode of forming and regulating their
domestic institutions in their own way When
certain people clothed with power to manage
their affairs in their own way, and their lcgisa-
ture is authorized to legislate upon every subject
not prohibited, and prohibition exists against the
calling of convention, it follows they may call such
a convention. No other enabling law of Congress ia
act The power Of the territorial Legislature in
this case is fully clear that of Congress- over
this subject. The Kansas organic law is a mockery,
and docs not accomplish the object intended by its
authors if the people have yet to apply to Congress-
to obtain power to manage their affairs in their own
way, when they wish to prepare for becoming
State, No party in or out of Congress-, we think,
has so understood it. The whole Fremont party
have in numerous ways committed themselves to
this position and declared that an enabling law was
not necessary All parties in Kansas have taken that
ground The democratic party at the North, South,
East, and West have done so. The President and
the officials sent by him to Kansas have acted under
the impression that the convention has been legally
called Should Congress now intervene and attempt
to control Kansas, and nufy a law which is clearly
rightfnl subject of legislation, and thus prevent
the people Of that Territory from freely managing
their affairs in their way, it would be clear vi
olaton Of the solemn pledges of the Kansas act. II
would be an act of bad faith with no parallel in our
history Those who have sustained and advocated
the authority to make the Topeka constitution can
that Congress- may intervene to control affairs in
Kansas Those who have sustained and defended
the Kansas organic act, and who sustained the Gin
cinnati Convention aud the action Of the democracy
cannot do without leaving their old and occupying
new and untenablo ground. why should they wish to
Obtrude itself into the affairs of Kansas Neither