Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1858-01-07

in all particulars so far as this question inrolv-
ing the legality and the validity Of the Lecomp,
ton Convention is concerned. The opinion goes
t on to say:
'For the reasons above stated 1 am therefors
of opinion that the inhabitants of that Territory
! have not at present, and that they cannot ac-
quire otherwise than by an act OF Congress, the
right 70 form such government
General Jackson's admin istra:ion took the
ground that the people of Arkansas, by ihe au-
. thority Of the Territorial Legislature, had moi
the power TO hold a convention TO form constie
tuition, and could not acquire it from any sourc-
whatever except from Congress. While, there
fore, the legislative act of Arkansas was held to
be void, so far as it assumed authority 10 author
!, ize the calling of Convention 20 form consti-
tuition, yet they did not hold in those days that
the people could not assemble and frame con-
stitution in the form of petition. l will read
the rest of the opinion, in order that the Senate
may understand precisely what was the doctrine
on this subject at that day, and what the Com
rlittee on Territories understood to be the doc
trine this subject in March, 1856. when We put
forth the Kansas report as eIlbodying what we
Nebraska men understood TO be cur doctrine at
that time. Here it is. This was copied into that
report
But am not prepared TO say that all proceed
ings this subject, on thepart OF the citizens OF
/ Arkansas. will be Illegal. They undoubteafy
1 possess the ordinary privileges and imnunities
of citizens of the United States. Among these Is
. the right 10 assemble and to petition the Govern
] M for the redress of grievances. In the exer-
ciss ofthis right the inhab btants of Arkansas may
peaaeably meet together in primary assemblies,
or in convention chosen by such assemblies, for
1 the purpose of petitioning Congress to abrOgate
! the Territorial government, and to admit them
into the Union as an independe-ntt State. The
particular form which they may gf3 to their pc
J t5 on cannot be material so long they confine
themselves to the mere right of petitioning, and
conduct all proceedings in peaceable manner.
And the power OF Congress over the whole
subject is plenary and unlimited, they may
cept any constitution however framed which in
! their Judgment meets the sense of the people to
be affected bv it. If therefore the citizens Of Ar
kansas think proper to accompany their petition
with written constitution, framed and agreed on
by their primary assemblies, or bya convention
! OF delegates chosen by such assemblies, I per-
ceiye no legal objection TO their power to do so,
nor TO any measure which may be taken TO col
lect .he of the people IN respect to 1t; pro-
vided that such measure DC commenced and pros
ecuted in peaeea5le manner in strict subOrdi
nation to the existing Territorial government,
and in entire subseryiency to the power of Con-
gress to saopt, reject, or disregard them at their
Wbslss6s & legislature of Arkansss had no pow
x to eresie cons ention to 1ran1e aeonsti.utionA
as legal cspstitrtsana body, yet i the peopIc
chose 10 assemble una ass sucb an sactofths Legis
lature for the purpon o6fet aoniag for redress oe
! not au unlawful assens s, 1t was pet sseh an
Sassenblage rs the Ihiitafy power. could he. used
70 disperse, for they had-a ri ght undee the Con-
stitution thus to assemble and petition. But IL
I they assimcd to themselves the right or the
power 10 Ihaike-a government, that-assulnption
was an act OF rebellion which Gen. Jackson said
it was his duty to put down with the military
force OF the country.
II you apply these principles to the Kansas
Convention YOU find that it had no power to do
any act as Convention forming a government;
you lind that the act calling it null and
void from the beginning; You lind that the Lee
! gisature eOIldeonfer no power whatever on the
Convention. That Convention was simply an
asselnblsge of peaeesble citizens, urder the Con-
stiluton Of the United States, petitoning for the
| redress of grievances, and thus assembled, had
the right 10 petition inthe form of constitution
] if they chose: but still it was only petition
having the iorce OF petition-Wfeh Congress
could accept prreject dispose oi as it saw pro-
per. That is what l understand to be just the
extent Of the power and authority OF this c0hvcn-
! ton assembled at Leconipton. 1t vas not an
. us.lsasf fat assembIage like that, hsld a. Fepeka
| for the TOPEKA constitution made in opposiS
ton to the Territorial law, l thought intended
! to subvert the government without the consent
of Congress; but as contended by their friends,
not intended to subvert the government without
| the consent of Congress. In their object was to
subvert it without TIE consent Vi Congress- it
| an act of rebellion, which ought 10 have been
/ put down by force. If it was peaeeable Assem-
/ blage simply to petition and abide the decision
of Con gress on the petition it was not an unlawful
asselnblage. 1 hold tina. this Lecompton Con
yeItion was not an unlawful assemblage; but on
| the other hand, | hold that they had no legal
power and authority to establish government
They had right TO petition fora redress OF grie-
/ vances.
They had right in that petition to ask for the
| change of government from Territorial to a
| State government. They had right to ask
| Coneress to adopt the instrument which they
sent to us as their constitution; and Congress, il
| il thought that paper embodied the will OF the
peoDle OF the Territory, fairly expressed might
| in its discretion accept it as u constitution and
admit them into The Union as State; orf Con
| cress thought it did not einbody the will Ct the
DeopIe of kansas it might reject il: or if Congress
! thought it was doubtful whether it did embody
the will of the people or not, then it should send
/ it back and submit it to the people to have that
doubt removed, in order that the popular voice,
whatever it might be- should prevail in the COLI
stitution under which that people were to hive.
So far as the act of the Territorial Legislature
of Kansas calling this Convention was CONCERN
ed, L have always been under the impression
that it was fair and Just i'll its provisions. have
j always thought the people should have gone to-
cether en- nidsse and voted for delegates, so that
| the voice expressed by the Convention should
have been the unquestioned and united voice OF
the people of Kansas, 1 have always thought
that those who staia away from that election
stood in their own wrong, and should have gone
and voted, and should have furnished their
names to be put on the registered list, SO as to
be voters l have always held that it was their
own fault that they did not thus 60 and vote;
but yet if they chose, they had right to stay
D away, they had q right to say that that Conven-
E ton, although not unlawful assemblage,. is
: nota legal Convention 20 make a government
& hence we are under no obligation to go andex-
press any opinion about it. They had right
. to say, ii they chose, We will stay away until
= We see the constitution they shall frame, the
: petition they shall send to Congress: and when
they submit it TO for ratification we will vote
for it if we like it, or vote it down if we do moi
: like it, / say they had right to do either
: though thought, and think yet, as good citizens
they onsht to have gone and voted; but that wa,
. their business, not mine.
y Having thus shown that the Convention a
a Lecompton had no power, no authority TO .forn
Y and establish government; but had power t,
b draught petition; and that petition, if it en-
bodied the will Of the people of Kansas, ought Il
J. be taken as such an exposition ftheir will, ye
/, if it did not embody their will, ought TO be re
Is iected having shown these facts, let me procoet
and inouire what was the understanding of tn,
II people of Kansas when the delegates were elect
n ed9 l understand, from the history of the trans
= action, that the people who voted for delegate
is to the Leeompton Convention and those who re
Is fused to votc-both parties-understood III
is Territorial act to that they were to be elee
" ed only to frame constitution, and submit it t
IT the people for their ratification or rejection.
Is say that both parties in that Territory, at tn
J. time Of the election of delegates, so unJerstoo
the object of the Convention. Those who vote
t. for delegates did so with the understanding tha
al thew had no power to make government, bu
he only to frame for submission; and Those VIII
he staid away did so with .he same understandipp
i Now for the evidence. The President of III
Is United States tells us, in his message, that h
c had unequivocally expressed his opinions, in tn
" form of instructions to Governor Walker assn
re ming that the constitution was to be submitte
es to the pc ople for ratification. When we look int
be Governor Walkers letter of acceptance of tb
K Office of Governor, find that he stated expres,
tie ly that he accepted it with the understandin
=. Il =. L.. nrnsiie nd hia ,rLolA- -, -.