Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-12-24

gislature, the same as the organic act of
Kansas provides that the Legislative pow
er and authority shall be vested in the Le-
gislature. But what is the extent of that |
legislative power? 1t is to legislate for that
Territory under the organic act, and in ODE
dience to it. 1t does not include any pow
er to subvert the organic act under which
it was brought into existence. 1t has the
power to protect it, the power to execute it,
the power to carry il into effect; but j. has
no power to subvert, none to destroy; and
hence that power can only be obtained by
applying to Congress, the sumo authority
which created the Territory ITSELF But
while the Attorney General decided, with
the appreciation of General jackson, that
the Territorial Legislature had no power to
call convention, and that its action was
void if it did, he went further:
"No law has yet been passed by Con-
gress which either expressly or implicitly,
gives to the people of Arkansas the author
i;y TO form State government"
Nor has there been any in regard to Kan.
sas. The two cases are alike thus far
They are alike in all particulars so far as
this question involving the legality and va
lidity of the Lecompton convention is con-
cerncd. The opinion goes on to say:
''For the reasons above stated, am,
therefore, of opinion that the inhabitants Of
that Territory have not at present. and that
they cannot acquire otherwise than by act
of Congress, the right to form such gov
ernment."
General Jackson's administration took
the ground that the people of Arkansas, by
the authority of the Territorial Legislature,
had not the power to hold convention to
form constitution, and could not acquire
it from any source whatever except from
Congress. While, therefore. the legisla.
tive act of Arkansas was held to be void,
so far as it assumed authority to authorize
the calling of convention to form a consti
tuition, yet they did not hold in those days,
that the people could not assemble and
frame constitution in the form of petit
Ion. l will read the rest of the opinion,
in order that the Senate may understand
precisely what was the doctrine on this sub
lect at that day, and what the Committee
on Territories understood to be the doc
trine on this subject in March, 1856, when
we put forth the Kansas report as embody-
ing what we Nebraska men understood to
be our doctrine at that tlme Here it is
This was copied into that report:
"But am not prepared to say that all
proceedings on this subject. on the part of
the citizens of Arkansas, will be Illegal
They undoubtedly possess the ordinary
privileges and immunilies of citizens of the
United States.
Among these, is the right to assemble
and petition the government for the redress
of grievances. In the exercise Of this right
the inhabitants of Arkansas may peaceably
meet together in primary assemblies, or in
conventions chosen by such assemblies,
for the purpose of petitioning Congress to
abrogate the Territorial government, and to
admit them into the Union as an indepen-
dent State. The particular form which
they may give to their petition cannot be
material, SO long as they confne themselves
to the mere right of petitoning, and con-
duct all their proceedings in peaceable
manner. And, as the power Of Congress
over the whole subject is plenary and un-
limited. they may accept any constitution,
however framed, which in their judgment
meets the sense of the people to be affected
BY it, If, therefore, the citizens OF Arkan-
sas think proper to accompany their petit
tion with = written constitution framed and
agreed on by their primary assemblies, or
by convention of delegates chosen by
such assemblies, | perceive no legal OBJ
lection to their power to do so. nor to any
measure which may be taken to collect the
sense of the people in respect to it; provi-
ded, always, that such measures be com
menced and prosecuted in peaceable man.
ner, in strict subordination to the Terrific
rial government, and in entire subserviency
to the power of Congress to adopt or re- |
ject, or disregard them, at their pleasure"
While the Legislature of Arkansas had
no power TO create convention 10 frame
constitution, as legal constitutional body, |
yet, if the people chose to assemble under
such an act of the Legislature for the pur-
pose of petitioning for redress of grievan-
ces, the assembling was not illegal; 1t was
not an unlawful assemblage; it was not such
an assemblage as the military power could
be used TO disperse. for they had right
under the constitution thus to assemble and
petition. But if they assumed to them
selves the right or the power to make gov
ernment. that assumption was an act of re-
bellion which General Jackson said it was
his duty to put down with the military
force of the country.
If you apply these principles to the Kan
sas convention. you find that 1t had no
power to do any act as convention FORM
ing a government; you find that the act
calling it was null and void from the be-
ginning; you find that the Legislature could
confer no power whatever on the conven-
ton. That convention was simply an as
semblage Of peaceable citizens, under the
constitution of the United States, petition
ing for the redress of grievances, and, thus
assembled. had the right to put their petit
ton in the form of constitution if they
IL l..&. Il