The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-02-10


ted States; and here is the letter that he
sent to Congress at the time he submitted
the constitution of Tennessee for their
conside, alton. It will be seen that it
harmonizes we'll with what President
Buchanan has said with regard to the
constitution of Kausas
UNITED STATES, April g, 1896.
Gentleman Of the Senate
and of tAe House of Reprss entatires:
by an act of Congress passed on the 26th of
May, 1890, it was declared that the inhabitants
of the territory of the United States south of
the river Ohio should enjoy all the priviIedges,
benefits, and advantages set forth in the ordi-
nance of Congress for the government of the fer
ritory of the United States northwest Of the riv-
er Ohio, and that the government of the saId
territory south of the Ohio should te similar to
that which was then exercise in the territory
northwest of the Ohio, except so far as was 9TH
an act of Congress passed the I'd of April 790,
entitled 'tAn act TO except cession of the claims
of the State of North Carolina to q certain dis
trict of western territory
Among the privileges, benefits, and advanta-
ges thus secured to the inhabitants of the ter
ritory south of the river Ohio, appear to be the
right OF forming permanent constitution and
State government, and of admission, as State,
by its delegates, into the Congress of the United
States, on an equal footing with the original
"
have therein sixty thousand free inhabitants
provided the constitution and government so to
be formed should be republican, and in conform
lty to the principles contained In the articles of
the said ordinance.
As proofs of the several requisites to entitle
the territory south of the river Ohio tie be admit
ted, as State, into the Union, Governor BIount
has transmitted a return of the enumeration and
of its Inhabitants, aud printed copy of the con
stitution and form of government on which they
W Ich h !
ing the same, here With laid before Congress.
GEO. WASHINGTON.
1t contained no special executive recon-
mendation and. in that respect, harmon
izes most beautifully with the position ta-
ken by President. buchanan. The Ter
ritory thus had an organic form it was a
people. Without any enabling act they
met, formed constitution, which was
presented to Congress and approved, and
the State admitted into the Union with
as much regularity, with as much system,
with as much order, as has accompanied
the movemsnts of any Territory and of
any people within the compass of our
whole republic
How is il with Arkansas? The Sena-
tor from Illinois would have US under
stand that the movements in Arkansas
seemed to meet the .disapprobation of
President Jackson. President jackson,
who had himself participated in the con-
veation in Tennessee, is to be presented
to US as tho gh he condemned the proceed
ings in Arkansas. An examination of the
opinions Of The Attorney General in that
case, viii show tie distinction, and make
it clear as the monday sun, unless I am
greatly deceived ia regard to the purport
Of that opinion:
"In the exercise of this right. the inhabitants
Of Arkansas may peaceably meet together in
primary assemblies, or in conventions chosen by
such assemblies, for the purpose of petitioning e
Congress to abrogate the territorial government,
and to admit them into the Union as an indie
pendent State. The particular form W hIch they
may give to their petit eannot be material, so
of petitioning, and conduct all their proceedings
in peaceable manner And as the power of
Congress over the whole subject is plenary and
unlimited, they may accept any constitution,
however, framed, whichin in their irJudgementmeets
the sense of the people to be affected by it. If,
therefore, citizen of Arkansas think pro per
to accompany their petition with written con-
stitution, framed and agreed on by their prima-
ry assemblies, or by convention of delegates
chosen by such assemblies, perceive no legal
objection to their power to doso, nor 10 any meas
ures which may be taken to collect the sense of
the people in respect to it; provided always,
that such measures be commenced and prosecu
tedin peaceable manner, in strict subordina-
tion to the existing territrrial government, and
in entire subserviency to the power of Congress
to adopt, reject, or disregard them, at pleasure.
IT is kO1ceDer, rery O61iOas that all MEASURES
and prosecuted NTH design to su61ert the
ritorfai gOrrRmeHt and to establish and put an force
an its place, gocernmeRt cith0ut consent Of
Congress, mill be HniGurtut.'
Kansas has never proposed to put in op-
citation a State government without the
consent of Congress They have formed
it in subordination to the powers of the
territorial government. 1t is but an ema-
nation Of the territorial government. 1t
is to be submitted to Congress. If ad
mitted into the Union, the constitution
takes effecs as the supreme law of that
State in subordination to the Federal
Constitution only; but, if not admitted,
they do not propose to set up seperate
State government. This, it will be seen
harmonizes with what | said on the sub
ject of the assent of Congress, to-wit
wherever any Territory undertakes to set
up q territorial or State government, in
opposition to Federal authority,it is re.
bellion. If the present acting, or claim
ing to act, Governor of Utah should un.
dertake to set up a seperate government
VIC A0NS 1uO OhAOuDeC0 w hSi0oS Jul
assent, aud to subjugate him to our au
thority by the force of the military arm
of this government. If the people OF
Kansas were to undertake to set up a
government an opposition to the Federal
authority, the same power could be exer-
cised there. But while they do not pro
pose to interfere with the Federal Govern
ment nor to interfere with the territorial
government until the assent of Congress is
received, it makes no kind of difference
whatever This, too, harmanizes with the
opinion of the Attorney General, which
the honorable Senator from Illinois intro.
duced and read.
There are, therefore, eight States in the
Union that have formed their CONSTITUTION
without an enabling act for two of those
States the Senator from Illinois voted
California had no enabling act. But the
Senator undertakes to show that though
there was no enabling act, yet all the steps
taken by the authorities of California were
in subordination to the local government
established there, under General Riley.