The Nevada journal., 1858-01-29

well armed, and never fail to come out
victorious when skirmish takes place
There has been four killed since | have
been here-they are afraid of Ameri-
cans, but often chase the Mexicans into
town. | understand they are desirous
of making peace. 1t will be great re-
lief to the country if they do, which will
have to be done sooner or later. This
place numbers about 500 inhabitants
about 80 Americans, the balan ce Mex
leans. The former are mainly fIorn Vir-
ginia, Kentucky and Tennessee; they
talk something of Territorial organiz-
ation-all Democratic--and believe in
the application of the Nebraska Bill.
1t is likely that Maury will be the del
egate.
We learn something of the purchase
of Sonora, but don't believe it; hope it
is the case. | am very anxious to see
the Presidents message. | shall leave
here on the 1st Of January for Mesilla
and Elpaso. The days are delightful,
the nights are clear but cool | am in
pretty good health and spirits {; shall, if
in luck, be in Ell Paso in seven DAYS
after leaving here $40 miles-shall 90
in stage. II. P. SwEErLAND
The Democrat denies that Judge
Douglas in his late speech takes the po-
siticn that 1.-The Lecompton Convention
was not properly organized &C." We
will see. He says:
$50 far from the Congress of the Uni
ted States having sanctioned or localized
the convention which assembled at Le-
compton, 1t expressly ~ withheld its as
sent. The assent has not been given,
either In express terms or by implica-
ton; and being withheld, this Kansas
constitution has just such validity and
just such authority as the Territorial
Legislature of Kansas could impart to it
without the assent, and in opposition to
the known will of Congress.
"Now, sir, let me ask what is the ex-
tent Of the authority of Territorial
| Legislature as to calling a constitutional
convention without the assent of Con-
gress? Fortunately this is not new
question it does not now arise for the
first time. When the Topeka constitu-
ton was presented to the SENATE nearly
two years ago, it was referred to the
Committee on Territories, with {. variety
of measures relating to Kansas. The
cammittee made full report upon the
whole subject. That report reviewed
all the irregular cases which had occur
red in our history in the admission of
new States. The committee acted on
the supposition that whenever Congress
had passed an enabling act authorizing
the people of a Territory to form State
constitution, the convention was regular,
and possessed all the authority which
Congress had delegated to it; but when
ever Congress had failed or refused to
pass an enabling act, the proceeding
was irregular and void, unless vitality
was impaired to it by subsequent act
of Congress adopting and. d.confrming it.
The friends of the Topeka constitution
insisted that although their proceedings
were irregular, they were not so irregu-
lar but that Congress could cure the er-
ror by admitting Kansas with that con-
stitution. They cited variety of ca
ses, amongst others the Arkansas case.
In my report, sanctioned by every men,
Der OF the Committee on Territories, ex-
cept the Senator from Vermont, (Mr.
Collamer) reviewed the Arkansas
case as well as the others, and affirmed
the doctrine esta blished by General
Jackson's S administration and enunciated
In the opinion of Mr.. Attorney General
Butler, part of WEIGH opinion was cop
led into the report and published to the
country at the time"
And again:
IA Territorial Legislature possesses
whatever power its organic act gives it,
and no more. The organic act of Ar
kansas provided that the legislative
power should be vested in the Terrific
rial Legislature, the same as the organ
ic act Of Kansas, provides that the leg
lslatIve power and authority shall be
vested in the Legislature But what is
the extent of that legislative power 1t
is to legislate for that Territory under
the organic act, and in obedience to it.
1t does not include any power to subvert
the organic act under which it was
brought into existence. 1t has the pow
ar to protect it, the power to execute it,
the power to carry it into effect; but it
has no power to subvert, none to des-
troy' and hence that power can only be
obtained by applying to Congress, the
same authority which created the terri
tory itself
Quoting the opinions of Attorney
General Butler in the Arkansas case
which occurred during the administra-
tion of Jackson with particular favor
the Judge further says:
"If you apply these principles to the
Kansas convention, you find that it had