The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1858-04-24
that it was an act of usurpat.
FAR as tn record shows. no man

authority from Congress by special act Tha
destroys the whole argument which has oeeI
attempted to be founded upon them. Will
reference to Arkansas, | am protected b,
the authority of "A name dear to the party
which he founded. The Governor of that
Territory applied to General Jackson to know
whether the Territorial Legislature had any
authority to psss an &C. for the purpose OF
taking the sense OF the people on the subject
of State constitution General Jackson
took the opinion of bis Attorney General, Mr.
Butler and the opinion Of that distinguished
lawyer, acquiesced in by the whole Admins
tration, was that there was no legal author.
ity in the Territorial Legislature, but that ii
was beyond their temporary functions that
| there was no authority Inherent in the people,
but that they were subordinate to the power
Of Congress, governed. as he says under that
clause OF the Constitution which gives Con-
gress power to make all needful rules and
regulations for the territory of the United
States. The new lights had not risen in their
day. And as if TO authority should be want
ing, entitled to command respect with every
division of the various opinions that are en-
tertained now in this house. we have the
further authority of gentleman from whom,
in many respects, it is my misfortune to have
differed in political opinion, but who, in my
judgement was one of the ablcst gentlemen
thu at ever graced the councils of this
country-more conservative, manly, and
upright in his views, and convictions,
and conduct, than almost any man of his
! party; always ready to sacrifice party allie
glance upon the altar of truth always fcl.
lowing the dictates of an independent judge
lnent as vel in his votes as in his reasoning,
| and, for that reason, justly the worshipped
idol Of the great Southern section of this
| country. suppose, that the strict construc-
ZIONIST sntlemen Of this House will not accuse
me of any sympathy for dangerous dognas
from Federal quarters when quote the au.
thority of Mr.. Calhoun
amy opinion was, said ho and still is. that
the movement ofthc people of Michigan in forming
for themselves State constitution. without waiting
tor tn . assent of Congress, was revolutionary"
What does the incumbent of tho Execu-
tive chair say to that now Why We're not
the military forces Of the United States direct
ed-instead Of guarding and protecting the
Lccompton convention, to turn them out as
they wee directed to turn out the Topeka
convention equally illegal or equally legal
Mr.. Calhoun proceeds to assign the reason
CAS- it threw off the authority of the United
STATES over the Territory
That he regarded as necessarily involved
IN the very idea of their assuming to them
selves TO take the first step, in a legal form,
towards the establishment Of q State govern
ment.
lie proceeds to say:
And that we were left nj liberty to trca, the
proceedings MS revolutionary. and to reAand her
TO her territorial condition
For dong which with reference to Kansas.
we are nov threatened with the duesl conse-
quences by the gent lemea who then concur
red in this opinion:
''Or to wave the rrcgularity'
Now all the argument of our friends on
the other side is to follow the regular course,
and break down the irregular course only
they have agreed to call the regular course
that which Mr.. Calhoun called the irregular
course lie proceeds to say:
And to recognize what was done rightfully
done-as our authority alone was conccrncd-my
impression that the former was tho proper
course but also thought that the act reminding
her back should contain our assent in the usual
manner, for her to form constitution, and thus
leave her FREQ 10 become State.'
And 50 a distinguished gentleman in anoth-
er place (Alr. Crittendcn) thought, not long
since and possibly there are some here who
may think like him.
Well, sir, no gentlemen can rise here and
cite any administration that has ever exist
cd in this Republic, down to the beginning of
Mr.. Buchanan's administration. that has ever
so llagrantly violated tho laws of the Rcpub-
lie as to recognize any proceeding ola Terri
tora Legislature on this subject, as having
authority of lar. No man can name any
high officer of tie government that has ever
said so, as no man can show any vote of
Congress that has ever looked to such re-
cogntion 1t was, sir, the first blunder-to
be followed up consecutively and logically by
other blunders in law, in policy, as well as in
morals-that this administration made when
it recognized the legal authority of the L.
compton cOnuentioa, assembled under the
Legislature of Kansas. 1t was the last
Of the novelties which have been palmed
on the country as sound law, to break the
fall to which the inventors of the Kansas
Nebraska act have been staggering for the
last four years.
Sir, it was new in this Administration.
No member of either House of Congress, at
the last Congress, thought that there was any
authority in the act of 1854 for the people to
proceed, or for the Territorial Legislature to
proceed. That law reserved to Congress the
right to divide the Territory. How, then,
could 1t authorize the people Of that Territory
to form themselves into one State7 Did it
contemplate that the wandering rabble that
was there when that law was passed had
then the right. And if they had not the
right, pray how and when was the construc.
ton Of the law changed, so far as the legal
meaning is concerned, by the accession OF
population
Did President Pierce, when he requested
Congress to settle the difficulties of Kansas,
by passing law authorizing them to form n
State constitution when they should have
ninety-three thousand inhabitants, think the
people of Kansas then lad that authority?-
Did the gentleman, (Mr. TooMBs.) who, in
another place, during the last Congress,
moved bill authorizing them, when they
should have nncty-three thousand inhabi-
tants. to form constitution, and providing
all the detailed organization Of the convention,
think that without that law they had the
authority then! Did this House, when it
passed Mr.. Dunn's bill. suppose they were
doing then what the Territorial Legislature
had the right already to do, although that
bill postponed the exercise Of the authority it
conferred until their population had reached
the requisite point II they did not, then
we have the concurrent opinions of all de-
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