Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-04-10

gates its time of assembling the modes under which dele
to make laws in ai cases necessarily extended il to al 9
@ subjects Of legislation 1t plain Congress thought neither
%ent to to form Constitution hieh woud
begin operate only after the Territorial Legislature itself had
tempory convance for temporary purposeinvolved in al the
local interests and conflicts Of territorial potcs-and safely
be ntrued with the providing for constitution In word
they authorised make laws govern tie zsy but
law for constitution no law for governing Territory all
The is stronger under the Kansas for
Congress the power make Territories
Of that Territory and If Congress have the right make oo
States absurd to suppose the Legislature power
But there Territories which have spontansousy
etioned for admission under constitutions framed sat
enabling act, and they are fruitful Of authority
The proceedings for the admission Of Arkansas Michigan and
owwhere there were no acts Of Congress authosng
The law admitting Arkansas declared the boundaries Of the
State That suppose establishes the fact that nobody then main
tanned that there any authority in her constitution prior
her admission The territorial limits of State essential
her existence till they defined there be State; after
there State, Congress determine its right of territory
On the territory depend the countless the election districts the
judicial divisions the appointments of representation the very
sitpS stitation ~ ' "'' "'0p'' . ''
If the Territorial law authorize convention which
adopt constitution having any legal force prior to the recon
on of Congress- must have the define and appropriate
State the eye Of the law at aU for Congress
destroy its identity by taking away half or twohds, or
Congress recognised @ the State Of Michigan upon the condition
that her people should the prescbed
acceptance
Iowa declared to be admitted State in 1S45 under
her constitution of 1874 Congress declaring her boundaries and
1ss Congress prescribed by law other boundaries for Iowa. and
by that law recognised the validity of the proceedings of the
1s4e submitting the boundary between the Territory Mis-
souri, the Supreme Court and finally December s4 Con
~ declared Iowa admitted into the Union under constitution
formed May 1s46 and with the boundaries the law of 1916
The of Wisconsin is still decisive The Territorial
yet Congress passed enabling act defined the bound
aries Of the future State on the 6thof August s46 The people
admitted the State condition the people aented to other
boundases Instead of merely assenng to the boundaries they
their application State with the boundaries of
the enabling act, on the 29th May, 1s4s. --~.- ..
These demonstrate that whether constitution be formed
by the people, under or without an enabling act the
has !ao either Territory till the final
and complete admission of the State Till her Senators and repre-
sentaves entitled their seats the Territorial authorities
continue the organic law operative and supreme the Terrific
luey dispose of the Territory assign its limits and exercise its
discretion whether admit the people State retain them
sight in this controversy till and final admission
&ate the constitution not aao it is merely proposition
which will become operative only when Congress recognises the
With reference Michigan controversy in the Senate
statement of his ExceIency the President then in the Senate
When Michigan was applying for recognition the exact question
proceed their powers being have stated them Mr.
Buchanan then said: ..s .. ........
have this s. d,ssssa m % nis % S1 s ,s~ ss
a a. SSa hssg ss. na ' % s & s Ss = rrS S % 5 s .sS % %
noeo ofus rp1rL5'
This said in the hearing of the whole Senate that Sen
od contend that they had legal authority and he asserted
that of usupaon And far the record shows,
controver the authority of this distinguished
postor Of Democratic doctrines of that day WE'LL sir that
the three Of proceedings by Territorial Legislatures
without authority from Congress by special act That destroys
the whole argument which has been attempted to be founded
upon them With reference to Arkansas protected by
the authority of dear to the party which he found
ed The Governor of that Territory applied to General Jack
know whether the Territorial Legislature had any
thoy pass for the purpose of taking the of the
people the subject of State constitution General jackson
took opinion of his Attorney General Mr. Butler and the
opinion of that distinguished lawyer acquesced by the whole
Administration was that there legal authority in the
Territorial that beyond their func
ons that there authority inherent the people, but that
they subordinate the power of Congress governed as he
under that clause of the Constitution which gives Congress
power make all ned rules and regulations for the territory
the United States The lights had not risen in their day.
And if authority should be wanting entitled to command
with division of the various opinions that enter
this House, have the further authority of
teman from whom many respects misfortune to have
differed in political opinion but who, in Judgment
of the gentlemen that graced the councils of this
counymore conservative manly and upright in his views and
convictions and conduct than almost Of his party al
ways ready sacrifice party upon the altar of truth
always following the dictates of independent judgment well
in his his reasoning and for that reason Justly the
worshpped idol Of the great Southern section Of this country
suppose that the strict consuconist gentlemen Of this House