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

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IAeE;soes haxs - u .u1aaeRis IN slst sAal
'ann1t scoiifo ofheFMisO than Dy ~ ct y
co1rresi, ne right " fofa sscis y govern.
'JGsntrslr gtctpn's Il rstisn Itopt fhsg
troubd tlsss ths p6JblsN n Asks6-AA. By Ahei
had -.
, n s I'd .sss,. . III, ,.s. .sy
,onres vLassver except from conSfss-. While.
held 20 be void, SO far a. it assumed authority;
3 authcsiye enc calling Of acOnsentiOaIto form
| Coussi,asion, yet they did mot hold In those
3ays. that the people could not assemble and
|rass,c Con3titaiiOn in the fofM u y petition
win read the rest Of the opinion, HI order that
The Senate NAV understand pfeciseav what was
Inc doctrine on this subject ~ that day, and
THAT me Committee on Territories understood
10 be the doctrine on this subject in March, 1885,
when We put forth the Kansas report % eHnbo-
diving what We Nebraska men 1nder-teOd to be
our doctrine ct that time. Hereit il. This was
copied into that report: a sg
"But am not prepared to say that Oil pro-
ceedings on this subject, on the part Of the
citizens Of Arkansas, viii be Illegal They un.
possess the ordinary privileges and
immunities Of citizens Of the United States
Among these is the right 70 assemble and petit.
tion the Government Tor the redress Of griev--
ances. In the exercise Of this right the inhab.
itants OF Arkansas may peaceabiy meet toge-
Their in primary assemblies or in conventions
chosen by such assemblies, for the purpose Of
petitioning Congress to abfogate the Territorial
~ - - T..-
as an independent State. The particular form
which they may give to sbeir petition cannot be
material, 90 long as they con6ae themselves to
the mere right Of petitioning. and conduct all
their proceedings in . peaceable manner. And
IS the power Of Congress over the whole subject
il plenary and unlimited, they may accept any
Constitution, however framed, which in their
judgment meets the sense Of the people to be
affected BY il. IL therefore, she citizens of
Arkansas think prOperitO accompany their Pc
tition with - written Constitution, framed and
agreed on by their primary assemblies, or by !
convention Of delegates chosen By such assem-
blies, perceive no legal objection TO their
power to do 60, nor to any measures which may
be taken TO collect the sense Of the people in
respect TO IL; provided always, that such meas
ures be commenced and prosecuted in 4 peace
able manner, in strict subordination to the ex-
listing Territorial Government, and in entire
subserviency to the power Of Congress to adopt,
reject, or disregard them, at their pleasure"
While the Legislature Of Arkansas had no
power to create convention to frame O0nsti
tuition, as legal constitutional body, yet, If the
people chose to assemble under such an act Of
the Legislature for the purpose OF petitioning
for redress of grivances, the assemblage was
not illegal; it was not an unlaw full assembiage;
il was not such an Hssc Rbage a. the military
power could be used to dispense, for they had .
right under the Constitution thus 10 assemble
and petition. But il they assumed to themselves
the right or the power 10 make . government,
that assumption was al act Of rebellion which
Genera! jackson said il was his duty to put
down with the military force OF the country
II you apply these principles 70 the Kanass
Convention, you find that IL had no power to
do any act as Convention forming Govern
ment; you find that the act calling it was null
and void from the beginning; yeu lind that the
Legislature could confer no!power whatever on
the Convention. The Convention was simply
an assemblage of speaceabIe citizens, under the
Constitution OF the United States, petisioning
for the redress Of grievances, and, thus assem-
bled, had the right to put their petition in the
form Of Constitution if they chose; but still
it was only petition having the force Of .
petition-whlch Congress could accept or re-
ject, or dispose of as il saw proper. That is
what understand to be Just the extent of the
power and authority Of this Convention assem-
bled at Leconpton. |. was not an unlawful as
semblage like that held at Topeka; for the To-
peka Constitution was made in opposition to the
Territorial law, as thought, intended to sub
vert the Government without the consent Of
Congress. II their object was TO subvert !,
without the consent of Congress. it was an act
Of rebellion, which ought to have been put
down by force. fit was a peaceable assem-
blage simply to petition and abide the decision
of Congress on the petition, it was not an IN
lawful assemblage hold, however, that it was
an unlawful assemblagc. hold that this Lee
compton Convention was not an unlawful as
semblaye; but, on the other hand, hold thai
they had no legal power and authority to estab
fish Government. Trey had right to peti
ton for redress of grievances. They had {
right in that petition to ask for the change o
Government from Territorial to State Gov
ernrnent They had right TO ask Congress L
adopt the instrument which they sent to us a,
their Constitution; and Congress, if it though
that paper embodied the will Of the people o
the Territory, fairly Elk pressed, might in its dis
erection, accept it as Constitution, and ADM
| them into the Union A. State; or if Congress
thought 1t did not embody the will Of the peopl,
Of Kansas, it might reject it; or il Congress
| thought it was doubtful whether it did embod!
| the will of the people or not, then II shoult
send it back and submit it to the people to hav,
4 that doubt removed, in order that the popula
voice, whatever it might be, should prevail il
| The Constitution under which the people wer,
| to live. So far as the act of the Territoria
Legislature OF Kansas calling this Convention
| was concerned, have always been under tn,
| impression that it was fair and just in its pro
visions. have always thought that the pe0pl
| should have gone together en- masse and votet
| for delegates, so that the voice expressed b,
| the Convention should have been the unques
| toned and united voice Of the people Of Kan
| sas. have always thought that those who stat
| away from that election stoCd in their owl
| wrong, and should have gone and voted, AM
| should have furnished their names to be put o
the registered list, so IS to be voters hav
| always held that it was their own fault that the
did not thus go and vote; but yet, If they chose
they had right to stay away. They had
I right to say that Convention, although not a
unlawful assemblage. i not legal Convensio
| to make Government, and hence we are unde
/ no obligation to 60 and express any opinio
4 about it.
/ They had right to say, If they chose, NV
will stay away until We see the Constitution the
shall frame, the petittion they shall send TO Col
gress; and when they submit it TO us for ratif
cation we will vote for it if we like it, or vote
down if we do not like it." ! say they had
i right to do either, though thought, and thin
vet, as good citizens they ought to have gor
and voted; but that was their business and n,
mine. Having thus shown that the Conventio
!, at Lecompton had no power, no authority,
! form and establish government, but had pc,
OF to draft petition, and that petition, lift en-
bodied the will Of the people OF Kansas, ougl
to be taken as such an exposition Of their vii
yet, fit did not embody their viii, ought TO
! reiected--haying shown these facts, let me pr
coed and inquire what was The understanding
the people Of Kansas wheQ the delegates we
elected? understand, Nom a. History Of Il
transaction, that the people whoyoed for del
! gates to the Lccompton Convehtbn, and tho
, Who refused to yote-Joth parties -understot
} the Territorial act to mean that they we're to
selected only to frame Constitution, and sui
t init it to the people for their ratification or =
+ lection. Isay that both parties in that Territ
~. at the time Of the, election Of delegates,
! understood the object ofthe Convention. Tho
who voted for delegates, did 80 with the unde
standing that ,hey had no power 70 make 90
! eminent, but only 10 frame one for submission
and those who ssaid away did 50 with the saI
J understanding: Nov for the evidence. 7