Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-01-15

,,.., L.. Ill .. IL. 81, 4
~, ''"H''' '''' '" Wv
authorizing tue people oi territory 10 lorm
Il state constitution, the convention was reg
ular. and possessed all the authority which
Congress had delcratrd to it but whenever
! I'nuornsa had c,;InI nr rnliisoI I'm mss an on
abling act the proceeding was irregular and
void. unless vitality was impartcd to it by IA
subsequent act of Congress adoptinr and con-
frning it. The friends of the Topeka con-
,ttution insisted that although their pro-
cccdinas were irregular, they were not so ir-
regular bat that Congress could cure the er-
ror by admitting Kansas with that constitu-
ton. They cited variety of cases, amongst
others the Arkansas case. In my report.
sanctioned by every member of the Commit
toe ON Territories. except the Senator from
| Vermont, (NIr. Collamcr0 / reviewed the
Arkansas case as well as the Others and
affirmed the doctrine established bv General
Jackson's administration and enunciated in
the opinion of Mr.. Attorney General Butler.
part of which opinion was copied into the
report and published to the country at the
time.
Now, sir. in order to ascertain what we
understood on the 18th of March, lSj6--lt-
tie more than year and half ago-to be
the true doctrine ON this point, let me call
your attention to the opinion Of Mr.. Butler
in the Arkansas case. The Governor of the
Territory of Arkansas sent printed address
to President jackson, in which he stated
that he had been urged to call together the
Legislature of the Territory of Arkansas, for
the purpose oi allowing them to call con-
ventlon to form constitution, preparatory
to their admission into the Uni)n as State.
| The Govnrnnr stated tbo+ in his onininn
the Legislature had no power to call such a
! convention Nyitbout tln assent of CONGRESS-
first had and obtained but he asked in
structions on that point The President re
! ierrcd the case to the Secretary ot state. and
h" asked for the advice OF the Attorney Con
'l"l, WHOSE ol,ln'oi' "oS gN'h' an" a'ol'I'u'
"S lne pam oi a,'iol' anu comm n""l''''.' 10
| the 'ovcrnor OF Arkansas Tor his instruction.
| | will read some extracts from that opinion
"Conscoucnt1v if i not in tho novcr Of the G en-
crtI Assembly of Arkansas to pass any law for the
purpose of electing members to form constitution
ana state government or TO DO any oth'r act
"',v,"S vi Il"lltV.! 10 v'ea't Su,n "v"
rr,ycl b,. thc t,',rrn,ncnt of tbc TrTritorv youh
! he null and void. If pa.,ed hv them. notwth-
standing his veto, by vote Of two-thrd, of each
lr.nch, it would still be equally void.
am Ilght IN the foregoing opinion II VIII
air o" ,i'. ,s cou,ic , TI .s "G'VIno. t "r,
far t,c nnrra.. in o,..rin .ucb A. hi, Jntir.
]
hi, public address, and also in his official commu-
ncation to yourself 50 far as they indicate an in
tentlon not to sanction or concur IN any leSl,n''e
'",' uv''gI iI"%'m S.ro o sHaTi ho~o on
| tb'ri,.1 !, mr." ,I., c,,rrcct
NJ. l.tt... l.l .. h. H.,
s..,Iai -" ,' ',i,,,l'',v;t,. g Tan
,,rI ';,,, ,,.;tb
, H., -. r. -. ,,.., L,,I a,,J .I
t,i,oI w., l. ,.o.,. ,,l,,,. anI ,nI-
noLln TnrritnriuI Inrislntrrn n,ssasses
| i,I..,, ., ;,,,.,'?, - :, ,,l
"''''N'i Ir"'i us VI o'S"'.'' az, ~ IT, '''''
"o h,"rc' me "IS"h,c act vi Alhdii''' i'
| Nidrd that the legislative power should he
vested in the Territorial Legislature, the
| same as the orrauic act of Kansas provides
! that ,hn l,rislotiy, ,nynr and ,utbnritv shall
| l ,.,..,l j.; I, ,.,;.1,,,,,., ~ ,.l,+ -
| ~ ~ t
VI, 'A,'"' VI '''' "S''".'N' l'"' - -
| to lcglslatc Tor that Territory under the or
ganic act. and in obedience to it. 1t docs not
| include any power to suhvcrt the organic act
uu,lnr which if WAS hrnuoht into existence.
! ~ a :: ~
i' ""' we II1"'i ~ li''00' i'' ~.
execute H. inc power u curry 1t mo ci't'
! but 1t has no power to subNert, none to de-
| struv and hence that power can only be
| ohtiincJ Lv annlving IN t'nnyrass the same
,,utbnr;ty vyL;,b rrnotod tbn terr;tnrv itsalr
p',. IH ~ i.t 70 I.li i;I,I
~ N''lc wy t''oiHccs '",i"i "'''u"'
| with the appreciation oi the administration
! of General jackson, that the Territorial Leg
| stature had no power to call a convention,
| and that its octinn vos void if If did he
! ,.. t,l
| '' '''
| g No law has yet been passed by congress which
either expressly or imphedly gives TO the people
OF Arkansas the authority TO form state govern
| ment.'
| Nor has there heen any in REGARD to Kan
sos The two casns are aiike Tins far They