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

void. If passed by them notwith-
standing his veto, by vote Of two
thirds Of each branch, it would still
be equally void
Thus it appears that under the
Administration Of General jackson,
the doctrine obtained, and ] have
never heard it's correctness question
cd until tho present session Of Con
gress, that q Convention assembled
under the authority Of Territorial
Legislature, without an express au-
thOrity from Congress, had no right
or power 10 prepare the Territory for
admission into the Union AZ a SOW
crcign State, and thereby abrogate
or impair the authority Of the Terri
toriaI Legislature over all rightful
subjects of Legislation consistent
with the organic act. If this view
of the subject be correct, II follows,
necessarily, that the Lecompton Con
vention, in forming the Constitution,
did not, by that act, and could not
by any act, impair, diminish or re-
strain the authority Of the Territorial
Legislature, and hence that tho Con.
stitution formed at Lecompton and
presented to Congress for accep-
lance, should be considered and
treated like any other memorial or
petition which Congress may accept,
reject or disregard according to the
facts aud circumstances of tho case.
This point was also considered and
decided by Gen. Jackson's Admins
tration in the Arkansas case, AZ APP
pears by the following extract from
the same opinion of Attorney'Gencr-
al Butler:
"But am not prepared 10 say
that all proceedings on this subject
on the part Of the citizens Of Ar
kansas will be illegal.
"They undoubtedly possess the or.
binary privileges and immunitles OF
citizens Of the United States. Among
these Is the right Of the people
'pcaccably 20 assemble, and to petit
ton the Government for the redress
Of grievances In the exercise of
this right the inhabitants Of Arkan-
sas may peacoably meet together in
primary assemblies, or in conventions
chosen by such assemblies, for the
purpose Of pctitioning Congress 10
abrogatc the Territorial Government
and 10 admit them into the Union as
an independent State. Tho particu-
lar form which they may give TO their
petition cannot DO material 40 long
az they coniine themselves TO the
mere right Of petitioning, and con
duct all their proceedings in peace
able manner; and IA the power Of
Congress over the whole subject is
plenary and unlimited, they may
accept any constitution, however
framed, which, in their Judgments,
merits he sense Of The people to be affected
BY IL. II, therefore, the citizens Of
Arkansas think proper to accompany
their petition by written constitu-
ton, framed and agreed on by their
primary assemblies, or by u convcn
ton Of delegates chosen by such AS
scmblies, perceive no legal objcc-
ton TO their power to do 40 nor to
any measures which may be taken
TO collect the sense Of the people in
respect 10 it: provided always that
such measures bo commenced and
prosecuted in pcaccablc manner,
ia arid sabordint,oa 10 he ersfIag
Territorial Government, aud IN rafir,
mbwrrieacy 10 ne po,rer Of Congress 10
adept, rcj,d or disregard them at thar
pleasure.
at is, however, very obvious that
all measures commenced and prose
cutcd with q design to subvcrt the
territorial government, and to estab-
lish and put in force in its place
a new government, without the con
sent of Congress. will be unlawful.
The laws establishing the territorial
t'ht'hh' ." sFsNN
until abrogated by Congress; and in
the meantime il will be tho duty of
tho Governor and of all the terrific
rial officers, as well as Of the Presi-
dent to take care that they are faith
fully executed
II we apply the principles Of Kan,
sas which received tho sanction ct
Gen. Jackson and his Administra-
ton in the Arkansas case, il becomes
apparent that the Lecompton Con-
vention had the right to assemble
under the protection of that clause
of the Constitution Of the United
States which secures to the people
the right, "pcaceably to assemble
and to petition Government for the
redress Of grievances and in the
exercise OF this right of petition they