The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1858-02-09

9 y 90 ie9ielste Tor TINT feFftt0sv u6def the
ganic ect, amd ~ oOeulence 80 y . 80
~ snppons TINS opinion "a y resesemce 20
OM0taT 0plnl0m ~ Attorney Utne1t D0tier,
!. which he said, u felatioI 20 sasatsar =
: cout4plated W the part of the peorle Of a
= " Il D mot ID the power of the 0enetSl A
4 sent biy of Afka1sas % pass my tlsv for d
: IpuFpoee u eiecting vi Inpers 70 form cons
tuition etd alats govefnt6ent, " g W any 9th
! acts directly % f1difectly, tO create sssch le
: gOvefnment Every such Law, even tnough
Y we're approved BY tbe Governor of the Terrlt
Il ~, would be null and void. II passed ~ tnfd
tnotwtthotand1ng ne veto, ~ vote Or
fhlrdo Of each Oranch, t would sttH 0e eqn4l'
void a@ s',,s - ~, ..a u n. -
- a. ". Fl 80 - s.,f - u
For the reasons above stated, am, theie
! fore, u 1paaisa thar The inhabitants of tla
Territory have mot 4 present, ana that The
cannot acquire otherwise than BY IN act q
Uongfeeot the right TO form such : govern
meut. "@af t #A+s tA485s tst
These quotations doubtless express the opir
ion Of the Attorney General Bat they shoul,
~ coupled with the fact that the people Of Ar
kansas had no power, under their organic act
% paO laws and give them validity, unlea
approved BY Congress that their legislativ,
l enactments wefs, void from the beginning
Il without thig appFoval. The honorable Senator
from Illinois = q fault when he says the peopl,
Of Arkansas pcsseesec the same power undel
their organic act claimed for the people o.
Kansas under the Ka1sas- Nebfaska bill. This
viii appear BY reference to these laws, 1 read
from the Statures q Large, third volume, page
4g4 s. IN n
Whenever the General Assembly shall b
organized, oil the legislative power Of the Ter,
lfftnfV Rhaif hA Y0AtaA IN and ho nvnrfsiaede hv
the said General Assembly. "
That 20 much Of the act Of Congress OF
| the 4th June, 1917, entitled, An act providing
fof the government Of the Territory OF Mis-
sour, - relates TO the organization Of Gen-
etal Assembly therein, ptescribes the powers
ana privllegesethere0f, and defines the qualities.
ticns and privileges Of the electors and elected,
shall be In full force and operation Id the Ar
| kansas Territory, &c"
Then, what we're the powers and privileges
and restrictions conferred On the people Of the
! provision, extended 70 the Territory Of Arkan-
sas. | read from the second volume Of the
Statutes at Large, page IA - III
"The General Assembly shall have power to
make laws in all cases, both civil and criminal,
for the good governments Of the people Of the
said Territory, not repngnant to OF inconsistent
with the Constitution and laws Of the United
States" aA at99
All bills passed BY majority in the House
Of Representatives, and by majority in the
Legislative Council, shall be referred to the
Governor for his assent; bat no bill! or icgisla-
tive act whatever shall be Of any force without
his appreciation"
Here, then, Is marked distinction betwe. a
the provision Of the organic act for the people
Of Arkansas and that Of the people Of Kansas.
But this organic law for Missoari proceeds 10
provide that
so much OF an act entitled An act further
providing for the government Of the Territory
of louisiana approved on the Sd OF March,
1908, and SO much of an act entitled An act
for erecting Louisiana into two Territories, and
providing for the temporary government there
Of approved the 26th Of March, 1904, as is re-
pugnant to this act, shall, from and after the
first Monday in December next, be repealed"
Those not repugnan;, are, it would seem, con-
tnued in force.
10 the act for the government Of Louisiana,
approved March Sd, 1905, find this provision
The Governor shall publish throughout the
said Territory all the, laws which may be made
as aforesaid, ard shall from time to time report
the same to the President Of the United States,
to be laid before Congress which, if disap-
proved OF BY Congress, shall thencefor;h cease
and be of no effect. ~
have not examined the provisions Of the
orgenic acts OF all the Territories which have
hitherto been admitted into the Union as S.ates
and those that now exist, with reference to this
discussion; but two years since, did make
thorough examination OF all OF them and ex-
cept the ansassNebraska act, found no law
for the organization Of single Territery, which
did not directly or indirectly reserve in Con-
gress the right OF approval or disapprovai OF
in TnrrifnRfnv Lac ey,Hnn
Al the date OF the opinion OF Attorney General
Butler, complete and full power, II was conce
ded hy all, existed in Congress 70 govern all
our Territories. Congress had claimed and ex-
ercised it from the beginning. It was 80 held
by commentators on the Constitution. L was
50 held uniformly by the courts, State and ma
tiona'. Inc generic prlnciple OF plenary power
IN congress te control territorial Legislation,
would include the specific legislation under dis.
cussion With this power conceded 10 Con-
gress 70 revise territorial laws, the people OF
the Territories could not, in the opinion Of the
Attorney General. by any act Of theirs, origin.
ate laws that would substitute astate Govern
ment for territorial form Of government
but oeg the senate 70 remember that IN the
year 1904, an act OF congress was passed with
OF congress, fcr the government OF the Terri
torres.
IN thls act OF 1894, IN deciaratory clause, It
y claimed 70 De its "true intent and meaning
not 70 iegslate slavery into any Territory Or
state, OF 20 exciude y tnerefrom, out TO leave
the people tnereof perfectly Tree TO form and
regulate their domestic lnst'tus'ons IN their own
way, subject. rot 70 Law OF Congress, but
sup9ect only 20 tne Constitauon o. tne United
states u, 10 'has pnraseoiogy, to regulate
their domes,'c institutions N the'r Own way. 's
emofsced the power 20 make iaws, eonst'tn
uonal aha sta.use, tnen sne Pohcy q this uoS-
ernment IN RELATION 70 iss territories vas chan
geo. Ms orleinal poncy was suoverted; ana
oeny tne honorable senator rom Illinois the
privnege .. gong OacN one day oeh'nd the
Psssase oi sne n.nsas Neofaske act Ior pfece.
- ns - pos,.'On me olo
te.rlsc.la' poncy ~ ,nls uovernmens was then
ss - ss'ue 49,. ~ hoH", wIs c.ea.sd; y you
piease, new DucePnaius was narnessed; anu 10
ne nov ny, sau''s over ~ o~n snadow, tne senator
rom ~, iiuno's, hke snotner A'exander, may oe
rvle y mount ahu rem n's neao 'o~aro 'ne sum-
"n g.. snan y. - !: :c,.,. !.
DSs ~, oons.rs o,u. - snns ~, con'et
y - pc1P,s y ~ ael'o.y =. Aansas power
is.;.a,;o. y ~ - ~ nc-s. - ~ :. $500 =,