The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-11

The manner in which the advocates
OF the Lecompton Constitution hope
toavoid the force Of this overwhclm-
ing verdict against II by tho people
OF Kansas, is explained in the follow
ing passage from tho recent Special
Message Of thu President of the
United States, which contains all
that he says upon the subject:
IL Is proper that should briefly
refer to the election held under an
act Of the Territorial Legislature, on
the first Monday Of January last on
the l.ecompton Constitution. This
election was held after tho Territory
had been prepared for admission in
10 the Union as sovereign State,
and when no authority existed in the
Territorial Legislature which could
possibly destroy its existence or
change It's character Tho election,
which was peaceably conducted I'M
der my instructions, involved u
strange inconsistency A large ma
jority Of the persons who voted
against the Lccomption Constitution,
were at the very same time and
place recognizing its valid existence
in the most solemn and authentic
manner. by voting undcr its provis-
ions. | have yet received no official
information vi the result of this
election" ....... ...-
II Is a. be regretted that ON the vi
day Of February tho President had
received no official information of
the result Of tho election held on the
ath day of January, which was pub
lished in the proclamation" u
which ! have referred, and was re-
published in the newspapers OF this
city and Of New York IA early ~
3Oth Of January. from which procla-
nation the President would have
learned. if he had received il, that
the people of Kansas had rcpudiatcd
and rejected the Lccompton Consti-
tuition by moro than 10000 majority
at that election. II seems, however,
that the President attaches no impor-
lance 10 this overwhelming vote of
the people against the Constitution,
for the reason that ho supposcs this
election was held after The Territory
had been prepared for admission in
10 the Union IN o sovereign State,
and when no authority existed In the
Territorial Legislature which could
possibly destroy its existence or
change ita character" BY what au.
thority had tho Territory been pre-.
pared for admission into the Union 7
Certainly not by the authority Of
Congress-, for ! have already shown
that Congress withheld its assent
when asked by President Pierce 10
u special message 10 grant II.
Was Il by authority OF the Terrific
rial Legislature 7 II IL o peculiar
doctrine that Territorial Lcgisla-
ture may assemble n Convention
without tho assent Of Congress, and
empower the Convention, when rs
sembled, 10 abrogatc or impair the
authority Of the Territorial Govern.
ment established by Congress, Of
which tho Legislature Is u constitu-
cDt part
The question does not now arise
for the first time in the history Of our
country. II arose under tho admin
istration Of Gen. Jackson on the
right of the Territorial Legislature
Of Arkansas 70 prepare that Terri.
tory for admission into tho Union ~
a sovereign State without any OK.
press authority from Congress, and
after mature delibcration, Gen. Jack
son delivered the decision Of his Ad-
ninistration upon tho proposition,
through Mr.. Butler. his Attorney
General.
Iquote from the opinion:
"To suppose that tho Legislative
powers granted 10 tho General As
sembly include the authority 10 ab.
rogatc. alter, or modify the Terrific
rial Government established by the
act Of Congress, and Of which the
Assembly is = constituent part, would
bc manifcstly absurd. The act Of
Congress. NO far as il is consistent
with the Constitution Of tho United
States and with the treaty by which
the Territory. rs a part Of Louisiana,
WAS cedcd ~ the United States. In o
supreme law Of the Territory, il is
paramount 10 the power Of the Ter
ritorial Legislature. and can only be
revoked or altered by the authority
from which il eminatcd. Tho Cen
cral Assembly, and the people Of the
Territory, arc a. much bound by its
provisions, aud AZ incapable Of abro-
eating them, as the Legislature and
people of the American States are
hound kv uod ipcannhta nf ahrn0a-