Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-02-25

the admission of this Territory into the Union, |
as far as it relates to the calling of convention
and regulating the election of its members, is
an act of legislative usurpation of power prop
crly the province of the Territorial Legislature,
bearing n striking similarity to the course of
Great Britain imposing laws on the Provinces
We view it as unconstitutional; a bad prece-
dent, and unjust and partial as to the represen-
tation in the different counties"
In the face of these prOtestations, the conven-
ton met, and, in the exercise of the plenary
power 'to form constitution and State govern
ment" ordained and established the constitutions
and absolutely refused, bya vote of % yeas to Z
nays, to submit the same for ratification. The
official action of the convention, taken from its
journals, will be published herewith, as Appen
dix No. ..
BY the provisions of the Kansas bil as here
toforc referred TO, Congress transferred to. the
Territorial Legislature whatever powers it pos
sessed, and expressly stipulated that the author
" of that Legislature should extend to all right
full subjects of legislation. Is not the act of
taking census rightfu subject of legislation?
Is not the law submitting to the people the qneS
ton of calling constitutional convention right
full subject of legislation? Is not tue calling of
the convention itself rghtful subject of legis-
lation? Are not the qualifications of its mem
bcrs, and the place of meeting, rightful subjects
of legislation? Is not the punishment of frauds
unpon the elective franchise, rigntful subject
of legislation?
IT. then, Congress has abnegated all these ma
terial matters and left them TO territorial legis
!ation, no power remains to pass an enabling
for tho nnonIa n Govern themselves beconse
tYrssif co,rot r.s,,,,,a Tho avnrcise ~ ,be 70
non5red .nthnri,v without Intervening defeat.
ing, and by its very act, repeating the law or
ganizng the Territory itself If frauds have
been committed, the territorial authorities are
the proper tribunals to investigate and punish
Constitrtion to ocf rs an inomisitpriaI h,ojy m.
an tbo o1,orc;,o NJ tho rio,b+ of srIFro,o o;,I,r
,,rr, tto ort Of ,i,. ,,ooI 81 St. o. 'Trt
~, o,,orf co Car ,s roI.tos 70 tho ruoI;fco+ior
"a rot,,rnS of ;ts ov,D ,,,o,rbars A., IT.,
- - - -; $500:
,Ii;n ,,"nt. - o,',,,,;.,oS =, Ia; pb;I3,I
t%;" 49, IT. .stI,a Ta,;,,,,;o!, ""e'r
80 80 ES, -, ,s.;.i - 49,
upon Nolie'ess uoSoi!ie' mn anu So.
I.'ym a. -" i1 I p.
nnu moS upo', s"e 't;'
II any LIS ~ 'uiS
~" y. ' !a, ~, &c ,I, ' ~. iPP iIS1
H'O''iet Se|'iu', VI 't'0 iI'is"S az ar q""'
Seu, anu 80 Amy Ieterieu 70 tue SeIuetIla''
us ou t'iS :
letce oi the IeItltoFE rs iero'toTy' anu anu
c!P"'cS us existence as Il .olate. bE the opera
loh oil fundamental stPuiatoh, no lufther
proceedings on the part OF congress are render
ed necessary, thah the simple recognition oil tue
STATE liseiI' ana Ihe ADMISSION oil the same INTO
the Union, with Republican constitution. This
is non-intervention-this is the very gist of the
Kansas act, and any other policy will be found
to be be$et with difficulties, not only formida-
Die, but insuperable.
Sir whence comes it that the submission ola
constitution to the people for ratification
lection, is considered necessary to its republi-
canism? Fur fathers did not act upon that doc
trine; and have felt curious to ascertain under
what circumstances the policy was Inaugural
ted. After very considerable research, have
found the first example, and like all novelties in
American politics of late years, it comes from
State that has always been a leading power in
the NOrth-from massachusetts, State that
has never been without majestic share of the
political control of this Government, welded
sometimes for good and sometimes for evil From
the commencement ofthe government there has
been struggle between the principles of Vir
GINA and the principles of Massachusetts; the
first, combining the Federal authority to the
sphere of delegated powers; the last, diatng that
authority beyond the proper scope and limits,
and ending in legislative usurpations and legSla-
tive despotism. In the State of Maine, Cthen part
of MasSachusctts) on the 9TH of October, l7S5,
thirly-three delegates appeared at Falmouth,
elected by the people without authority of law,
and organized themselves into a convention for
the purpose of considering whether they would
erect themselves into n separate State The Gov.