The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-25


have the authority of the President for this po-
sition, if there were room for question. BE
saya, an attempt has been made to Get up To
peka Constitution which is Revolutionary" and
q subpersire of the Territorial Government; N
and adherence to it Is on that ground called
" reasonable pertinscity." And the only res-
son why he does not find the Lecompton Con.
stitution in the same category is, that in his
opinion it has Legislative sanction. I am in.
curing whence that authority comes, and /
deny its existence for the Legislature ia ex-
pressly prohibited its exercise.
There il another clause in the organic act,
often quoted, from which it is thought by some
that authority Is derived to form Constitution
and State Government without any further en-
abling act. That clause is the celebrated one
which "leaves the people thereof perfectly free
to form and regulate their domestic institu
tons in their own way, subject only to the
Constitution of the United States" Those
who claim that, under this clause, the LesisIa
ture has authority to create Convention clothed
with power to form Constitution and State
Government, claim for the Legislature nothing
less than power unlimited save BY the Constitu-
ton of the United States, and forget that by
subsequent section the power of tho same Leg
islature ia restricted to consistency with the
organic act precisely as it is to the Constitution
If the Legislature has power, under this clause,
10 initiate State Government subverting the
organic act itself, then it would have authority,
under the same clause. to provide for the cleo
ton of Territorial Governor by the people,
or to dispense with the presence of such func-
tionary altogether, or any of his official duties
like the approval of an act of the Legislature.
All this would be "their own way" of doing
business, and would certainly be no more sub
versive of the organic act than the formation
of an entirely new Government. Does any one
claim, that If the Territorial Legislature of Kan
sss should declare that its acts should be valid
without the approval of the Governor or a vote
of two-thirds, such acts would be of any bind
ing force2 And why not2 That would be
their own way" The answer is, that the or
ganic law has taken this power away from the
Legislature, and clothed the Governor with
veto upon all their acts, to be overridden only
by vote of two-thirds. So, too, has it taken
away, or rather, never granted, the power to
make Constitution. If the organic act has
created a Legislature supreme over itself, it is
felo de Sc. 1t was but at the beginning of
this session, and in his annual message, that
the President himself claimed that the full in
tent and force of this clause was exhausted by
an offer to the people of q vote upon the ques
ZION of Slavery merely, without at that time,
the slightest pretence that it had the force of an
enabling act.
Whatever else, after all, may be "the true
intent and meaning" of this clause of the or
ganic law which has 30 puzzled the brains of
politicians, it was never intended to make the
Legislature perfectly free;" for the power of
hat body is limited elsewhere, in express terms.
And the perfect freedom here created is for
the people thereof" not in or through their
4 latr hi hvxk h. L = 80
ectly free, but limited and restricted If there
fore, the Lecompton Convention gets legal ex.
stence and lawful authority from this clause it
is not through the limited powers of the Legis-
AZURE which created it, and the forms of their
law which they had no power to enact, but
through that perfect freedom of "the people
thereof" outside of and above any Territorial
enactment which has been vouchssfed to that
people by this clause of the organic act. And
thus Lecompton, like Topeka, is driven, for its
authority to make Constitution, to the people,
outside of Territorial enactment. In this par.
sicular, these two Constitutions take their stand
side by side. If the one be "rebellious," "rev-
dictionary" REASONABLE" so is the other. Un-
der and BY virtue of any authority impaired to
either by the organic act, or any Of its agencies,
they must stand or fall together. They are both
nothing more nor less than manifestations to
some extent-what that extent, as to each, may
be, shall inquire hereafter; but to some ex-
tent-of the popular will in the Territory per.
mitted by the organic act, as everywhere else
under our free institutions, 80 long as they do
not assume the functions of government in sub.
version of established laws.
have inquired, not whether this Constitution
comes here under the forms of law but, rather,
whether it is here clothed with the majesty and
authority of law. do not question any mans
power to use the forms of law; but they are
empty words, dead letter, until the constitu.
ed authorities, with creative power, breathe
into them the breath of life. The Kansas Leg.
lslature, as well as an individual, may put upon
paper what it pleases; but whatever Of its de.
crees conflict with the organic act fall still born;
for it is forbidden, by the hand that created it,
from impairing one jot or title of that charter.
Nor do question that the people of Kansas
may form State Constitution without further
legislation by Congress, and be admitted into
the Union under it, if that Constitution shall be
"the sense of the people to be affected by it,"
but not by means of any enactment of the Ter
ritorial Legislature having any force as law
for the Legislature is forbidden to speak author
itatively on that subject. The conclusion,
therefore, is inevitable, that just 80 far as the
Lecompton Convention claimed from legislative
enactment authority to form State Constitu.
non, just so far it is without foundation. The
attempt, therefore, in the message, to commend
to US the Lecompton Constitution as the crea-
ture of law, and as an emanation from the law.
full authority of the Territory, utterly fails and
the hldeous deformities of that instrument stand
forth in their nakedness, uncloaked and unsup-
ported by legal sanction. The law, thank God,
mas as yet refused to lend its instrumentality to
this work-has, as yet, given no aid or comfort
to this undertaking; and it must stand, if at
all, on some other foundation.
But, SIR, have not quite done with this
point. Ii further argument we're necessary to
show the utter failure of the attempt on the part
OF the President to bolster up this sickly instru.
ment with legal sanction, it is furnished us in
the means to which he resorts to maintain his
position. An honest argument is based upon
| an honest foundation. Reason and logic, as
well as honesty, hold US to the truth lust 30 long
as the truth will serve our purposes; aud when
we turn our footsteps aside from her rugged
| pathway, we make proclamation to the world
that we cannot reach our journeys end under
her guidance. Nov, by what process does the
President undertake to convince us and the
| country that the Kansas. N ebrasks act author.
ized the Legislature of Kansas to create the
Lecompton Convention, clothed with power TO
frame Constitution and State Government ?
Here are his words, in quoting from that law to
sustain his position:
That this law recognised the right of the
people of the Territory, without any enabling
act from Congress, to form State Constitu
ton, is too clear for argument For Congress
$50 leave the people Of the Territory perfectly
free in framing their Constitution, to form
and regulate their domestic institutions in
their own way, subject only to the Constitu
ton of the United States and then to say
that they shall not be permitted to proceed and