The Kansas herald of freedom., 1858-01-02
For tie Herald of Freedom
WASHINGTON, CRY. d. ca
December 18th. 1851. {

WASHINGTON, CRY. d. ca
December 18th, 1857.
FRIEND BRowN:-The discussion Oh
the affairs of Kansas was opened this
week by Senator Douglas. on Tuesday
who was followed by Senators Davis, Big
ler, Trumbull and others, and evidently
disclosed the prospect of division in the
Democratic camp. The Importance Of
the positions taken by Senator Trumbull
which have since been reaffirmed by
Douglas, induces me to give you that
speech in full. He said,
Before the message passes from the con-
| sideration of the Senate at this time,
desire to say word in regard to an as
sumption which is made in it, which
think is not founded in fact. and upon
which the whole argument of the Presi-
dent in regard to Kansas is based. | be-
heve it right and proper to combat error
upon all occasions, and to meet it at the
| threshold.
The President, in treating upon this
Kansas question, speaks of the conVen-
ton which met at Lecompton, and framed
constitution, as if it were legitimate
convention. The honorable Senator from
Virginia has just spoken of it as legiti-
mate convention. Now sir, deny in toto
that that convention possessed any au-
thority whatever; and l do not place my
denial on the ground that the Territorial
Legislature of Kansas was fraudulent
Legislature. l believe that the Legisla-
ture had no authority to act upon any
subject; but, conceding that it was the
legitimate Legislature of the Territory of
Kansas, properly convened under the
organic act, deny that it had any author
ity whatever to initiate convention to
form constitution for the people of Kan
sas, and destroy the Territorial govern
ment.
The Congress of the United States, at
its last session, refused repeatedly to au-
thorize the people of Kansas to form a
State constitution. Bill after bill was
presented to give authority to the people
to hold convention and form a constitu-
tion, preparatory to admission into the
Union; but all failed. Such an act was
passed in regard to Minnesota, and such
has been the usual course in regard to all
the Territories. Now, l do not undertake
to say that Congress may not take up and
ratify the proceedings Of convention
which is called without legal authority.
They have done so in several instanres,
as in Michigan and California Congress
has not always passed an enabling act in
the first instance, but usually it has. / do
not say, however, that the convention
which met to form constitution in Kan
Sas, under the authority of the Territorial
Legislature, was not convention con-
vened in pursuance of law; because a
Territorial Legislature has no authority to
do any act destructive of the Territorial
organization, and the authority granted in
the Kansas act authorizing the Territorial
Legislature to legislate on all rightful sub
lects, not inconsistent with the Constitu-
ton ofthe United States and the organic
act, is not different from the authority
which was granted to Territories in previ-
GUS instances. In looking at the act for
the organization of the Territory of Min
nesota, find that its sixth section de-
clares, that the legislative power of the
Territory shall extend to all rightful sub
jects of legislation, consistent with the
Constitution of the United States and the
provisions of the" organic act. So, also
the territorial act establishing the Terrific
ry of Arkansas provided that its Legisla-
ture should have authority g to pass any
law for the administration of justice in
said Territory, which should not be re pug
nant to the organic act, or inconsistent
with the Constitution of the United
States" In regard to Michigan, the organ
ic act gave authority to the Legislature to
make laws in all cases for the good gov
eminent of the district, not repugnant to
the ordinance of 1887, under which it
was organized.
Now, sir, l wish to call attention to a
precedent on this subject, for it is no new
question. Some years ago an attempt
was about being made in the then Terri
tory of Arkansas to get up Convention
under the Territorial act. The Governor
! of Arkansas addressed the President OF
the United States, at that time General
jackson, to know what course he should
pursue. in case the Territorial Legislature
attempted to call Convention to form a
State Constitution. General Jackson re-
ferred the communication to the Attor-
ney- General of the United States, and
here is his opinion -
"The Legislative power is vested in a
General Assembly, composed of two
branehes-the Legislative Council and
the House of Representatives 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 Arkansas, as defining the pow
ers of the legislative department, de-
clares that the General Assembly shall
have power to make laws in all cases,
both civil and criminal, for the good gov
ernment of the people of said Territory,
not repugnant to, or inconsistent with, the
/ Constitution and laws of the United
| States This part of the law Is to be
taken in connection with the other pro-
| visions contained in it !; and when so con-
sidered, it will be seen that the law was
designed to accomplish the single pur-
pose of organizing temporary territorial
| government, which was intended to re-
main subject at all times to the control OF
Congress, under the authority conferred
upon it by the Constitution of the United
States. In the exercise of this authority,
Congress may, at pleasure. repeal or mod
ify the laws passed by the Territorial Leg
| islature, and may, at any time, abrogate
and remodel the Legislature itself, and
ali the other departments of the terrific
rial government.
"To suppose that the legislative pow.
ers granted to the General Assembly In
clude the authority TO abrogate, alter, ol
] modify the territorial government estab-
lished by the act of Congress, and ofwhicL
the Assembly Is a acenstituent part. would
be manifestly absurd. The act of Con.
gress, so far as it is consistent with tbs
Constitution of the United States, anG
with the treaty by which the territory, a,