The Washington union., 1858-03-03
LITTLE LAW, A LITTLE ANARCHY AND A
LITTLE ABSURDITY

A LITTLE LAW, Little ANARCHY, AND A
- LITTLE ABsURDrrY
The Detroit Free Press has luminous way of st..
ting a case which we cannot too highly approve
Speaking of the manner in which the people of Kan
have organized State government, that paper
says The territorial Legislature the act of the
18th of February. 1857 passed the law for con.
stitutonal convention by two-thirds vote over
Governor Geary's veto that convention was elect
ed 1.-The election Of the 18th Junel and made a
constitution ERGO, the people Of Kansas are bound
by the acts of that convention" Why not! Bu,
the Free Press interposcs {" Bound TO whomy A
law is rule Of action by which the community ma
king it are bound. A law is not a compact between
two or more legal parties-a covenant by which ono
agrees to perform certain act fer the benefit of the
otheAfor consideration given and received Bound
to whom i! Why hound just as tho propretors of
the Free Press bound by the laws Of the
State OF Michigan. State constitutions are mere
charts, settling certain general principles Of pub
lie conduct and pointing ont the manner Of their
enforcement. They are not covenants or con.
tracts, because they do not propose action Of
themselves, but lay down rules for the govern
whom they are prescribed The Free Press urges
very formidable objections in another column of
the paper against the constitution Of Michigan
yet we presume it would be difficult for our co.
temporary to point out in what sense that con
stitution is to be construed compact. II is no
compact, il is a gnide, direction, limitahon
programme by which the legislature and all the oh-
Al.
laws under which contracts are made and by which
they are enforced
The Free Press, after admitting the fact Of the en-.
actment of the 10th Of February by two-thirds
vote--a very strong vote-drectng the election of
delegates to the constitutional convention Of the 18th
of June, and without word to invaldate either the
law, the authority, the convention the agen.
cy says, the people "were not bound thereby,
nor is there any power known to the laws which can
enforce them to assume State government.
Many very great absurdties, doubtless, have been
produced in the course Of ardent political contro
versics but recollect none which can claim pre-
cedence of this argument Of the Free Press For in
stance, the people Of Kansas, acting through their
constituted authorities, have elected delegates to
dained a-constitution and State government, asking
to be admitted into the Union. The Free Press
speaking for those who were opposed to the const
tuition thus presented and, Of course defeated
now tells that there is no power known to the
laws which can force them to assume State gov
ernment" Why, we might well say there is
power known to the laws to enforce the proprietor
- ri, 10 hof M
work has been already completed. The people Of
Kansas have appealed to Congress- To be admitted
into the Union. The constitution they have pre-
sented was "selfimposed,'
The Free Press adds
..But what legislature passed the bill into acl We
are on technical groundthe ground Of snap Judgments
and Justice court practice. We are on the ground Of
the majority of the Senate Committee Territories 30
we must he technical and formal and down their
gument to the utmost barrenness Of legality. What
legislature passed the act The territorial Legislature
Whence came their authority =
We answer, the act of Congress of 1854. Mr.
Walker, in his Indiana letter just published main
tans that that act was an enabling act. He called
it in Kansas g a comprehensive enabling act
The treaty Of 1903, acquiring Kansas, guarantees
that the inhabitants Of the ceded Territory shall
DE ncOIpor1tcu nto Tic OutoH ~ tuo OIHt0u os"''"
and admitted as soon az possible" The Free Press
says the act Of 1854 "gives the people no right to
destroy themselves-to create State" This is . new
point II to create a State is 40 destructive, then
we have thirty-one martyrs. To create State then,
is to destroy themselves. That, fear, will hurt tho
feelings of the Free Press 9 associates who tried
hard last year to create the State Of Kansas under
the Topeka constitution. Besides, the anti-Lccomp
tonites are working hard in the Territory to
create State. /"
But our contemporary appeals to the act Of the
4h Of January, and asks if that was not legalf We
think it was but il was vote. The law directing
it merely provided for vote without pretending to
give effect to it in any shape. 1t was q vote, too
under the territorial government, the govern
ment which had called into being the convention,
and after the convention had framed constitution
and published it to the world tho organic low Of
the State. What force, by mere implication was
there in that vote against the validity Of that CON
stitutong And again. if the legislature Of the 18th
February, 1857, was illegal and It's laws not bind
ing how does it happen that the same or succeeding
legislature Of the 4th Of January is All right and ito
acts 80 authoritative and oblgatoryf
Mr. Walker wants to know if we are in the eighty
second year of American liberty the first year OF
the reign Of monarchys That is capital subject for
a boys debating society; it is SO like Mr.. Walker
1--u :. ! ad