Weekly Council Bluffs bugle. (Council Bluffs, Iowa) 1857-1860, 1858-01-06

whatheg Il was because there was no
] people enough in Kansas 50 Justify ths
faEEnatlea OF = State ;--no matter VITA
tha Eeason was, the House OF Raprasen.
tativas refused to pass That Biil and thu
denied 10 the people Of Kansas she TighI
e form 9 Constitution and Sc lte Govern
menG atthis time. So Ear from she Con,
! sgsss Of the Ussk0d States having sane.
TONED or Iegalizsd the Convention which
assembled ct Leeompeon, it expressly
withheld It's assent. The assent has not
/ been givan, aishsr in express terms ol
BIZ implication; and, being withheld
this Kansas Constitution has IusI su3E
validity and just such authority ns tht
Territorial Legislature Of Kansas eoRid
impart to il without the assent, and 10
Opposition to tha known will Of Con.
gfess. Now, sir, let me ask what 10 tbs
extent of the authority Of q Territorial
Legislature as to calling Constitution.
al Convention withoat the assent oi
Congress
/ Fortunately, this is not u new ques.
tisn il does not now arise for the Rrsi
time. When ths Topeka Csntsitation
was presented to the Senate Hear,y twu
wears ago, twas ref,3rred TO the Cllg
Iaittse on Terri tories, with "a variety Of
measures relating to an4As. The com-
mittsa made full report upon tas Who'll q
subject. That report reviewed all Eha
irregular cases wbiah had occurred ia
eur history in the admission Of new
States. The committee y snt On the
suppasitIon, Jhat Whenever Congress had
passed an enabling aet authorizing the
! people of 8 Territory to form q Stale
( Constitution, the Convention WAS reEu
( lar, and possessed all she Authority wh ca
Congress had delegated 10 il, bet whcn-
/ ever Congress- had failed or refused 10
/ pass An enabilng act the proceeding was
I irregular and void, unless Vitality was
( Unmarried 10 it by afsubsequsRt act Of
/ Congress ad0BtiRg ana confirming il.
! The friends of the Eppoka GQgatItutI0T
insisted that alGh0u ugh their proceedings
were irregular, they were not 80 lrregu-
! lar bat that Congress eoRld care the eF-
FOR bY admitting Kansas With that Con-
stituuon. ThsY cited variety Of cases
-amongst others the Arkansas case. In
ay report, sanctioned BY every mem m5er
of the Committee ca Territories, except
the Senator from FsrmoRt, Mr.. BQt.ala-
ar,) I Yeyiewed ths Arkansas gass IS
we'll - she others, ana alarm I'd the doe
tFine established by General JsCksOn's
Administration, and snunelated IA tue
opinion Of Mr.. Attorney General BaGleT,
a part Of which opinion was copied into
the report and published to the country
at the time. Nov, sir, in o7der TO ascsr-
tain What we understood On the 18th Of
March, IsSa-littls more than & year
and g half ago-to be TIE true doctrine
on this point, let me call your atteRIl ~
to the opinion Of Mr., Butler Ia the Ar
kansas case. The Governor Of the Ter
g!torv Of Arkansas seat a printed address
20 President JaCkSnl, In watch he stated
Ehat be had been urged TO call together
the Legislature Of the Territory Of Ar
kansas, fEcr the purpose of al. wing III ~
to call QoB4eLtiaq to form EOBstllu-
ton, preparatory to thelr adhts~tQo 'r14
the Union as a State, tn u94cfb..r
stated that, in his opsnion, the Legista-
turn had no powsF to call such Con
vention without the assent Uf Congress
had 6rst been obtained, but be asked an
stguctions on that point. The Preslden:
rcf6ryga tie case TO the Secretary 0E
State, snd be ssked Scr tEs rlclce Of Tue
Attorney 0eaaFal, whose GPjH!oa Ha7
gwen, and adopHd as the plan of aatlua,
aud communicated TO tbs Governor u!
Arkansas for ais instruction. Wi. .e.td
some extracts from that opinion:
g fivrf ~ F-s
Of the uaE e9al Assembly of Arkamva, u
pass any Law Far tks rsEEqse If e,eet a.
members 20 gorm Cgasl:tgtIa4 aag
State Government, CT 70 81 any Othsr
act, directly or indirectly, TO create sI-h
new Government. Evory suca law. even
taolgt il were approved By tR- Governor
Of the Territory, gould BE- mail and Tptd.
Ii y4ssed bY them, Rotwlth.,a4G nS h.s
veto. bv a vote Of two-thlgds Uf each
branch. it would still be equally void.
81 If am right in the foregoing op.a-
I0a, Is aitl shrR iqlicw thai the course
Of the Governor, il dgGtIuILs IL ca. H.
ga.her the Territorial Legislature for
the purpose IN question, was su5n IS MS
legal duties required an / that the views
he has expressed in ais public address,
I'D alsu in MS official cJmfuunIcut ~
10 v5ucs-li, ST Gar as they indicate IA
intention NOS to sanction oE ~uggGr IE
any legislative or other proceedings IT,
wards the formation Of Sta;a Govern
ueui until Congress shall have authoriz.
Ell It, are also correct"
That is what have understood to be
the settled doctrine as 20 the authority OF
a Territorial Legislature 10 cal. q Con
vruiiou without the consent Of C0ngre~s
60. had and obtain~d. The reasoning
Is very vloaf aud galE ttle. A TocFlt0rs-
al Legislature possesses ~lAtss % ps Eeg
its organic act gives It, and 40 more
The organic act Of Arkansas provided
that the legislative power shoaid be yes
ted in the Territorial Legislature, the
same as toe organic act of Kansas pro
yides THAI the legislative p5aer a4d ap-
thoritT shall be vested in the Legislature.
Bot what is the extent Of that leg,slA-
tive pouerg ts is to leEtslase for that
Territory undeE the QrganIG .acF, and Ia
obedience 20 is. Il does not include any |
poweg 70 s4bveEt the organic aqg under |
which il was broughJ into existence. Il /
has the power 10 protect 1t, che power |
TO execute il, the power TO carry Il into !
effect; but it has no power TO subvs7t, none I
to destroy; and hehea that power caE !
GEgy 30 Q4talRtq BY aFplylag ~ GaAr /.
greas, the same authority which created
the Territory ITSELF. But while the At. !
torney GeasrRl decided, With the appro-
baton Of the Administration OF General
Jackson, thai the Territorial gislatura
had DO power TO call Convention, and
gAat ia aqtiaa vas Talq i ii qld, be Wsas
further
20 No law has yet been passed By Con-
gress which either expressly or implied
" gives to the people Of Arkansas the aa-
thofity to form State Government
Nor has there BEEN any in regard TO
Kansas. The two cases are alike thus far.
Ibeg sFe shke in all particulars 20 tar %
this question involving the legality and
the validity of the Leeomptan Uonyeu-
tion is ooposrusd. The qpiHlaR goes On
20 sayi
sfFUr the reasons above stated, am,
therefore, Of opinion that the inhabitants
Of that Territory have mot st present, and
thaE they eaunot acquire otherwise than
by act Of Congress, the right 10 form sueh
q Governm euE.D
General Ia6kson's Administration took
the ground that the people Of Arkansas,
By the authority of Che Territorial Lag-
tslAture, had not the power 30 hold Con
vension 10 form Constitution, and could
nat aequtTs # frda4 aug stsstsse wihsasess$s
exespt from tpnYr8fg While fhergfora
the 'eEistiva act Of ARKANSAS was held I'd
be void, so far as il assumed authoritg
to authorize the calling Of Ccnyenslpn
10 form Constitution, yet they did noe.
hrld fys 8kwsa 9awa that fka yvwso.r{fu ,asesxs,S