Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-04-10
[0onel,lded fron frst paqe. ]
eds to assign the reason:


assuming themselves take the first STEP in legal FORM
towards the establishment of State government u
He proceeds to say n .- t..l. s.ta ar.ra 10 -o
that were proceedings revolutionary.
For doing which, with reference Kansas threat
ened with the dre by the gentlemen who then
concurred in this opinion .aaaas hn.ar@ 1"@a#.E
"or to waive the irregulaity" 1.n #a sa =" 1
Now all the argument Of our friends the other side to
follow the regular course and break down the irregular
only they have agreed to call the regular that which Mr.
Calhoun called the irregular course lie proceeds say
And to eg what was done A. gay e. authority atone
s. IS @ s: ; s"s
And distinguished gentleman in another place M Crit
DE thought not long since and possibly there here
Well sir gentleman here and cite any administers
ton that has existed in this Republic down to the beginning
of Mr. Buchanans administration, that has agranty
violated the laws of the Republic recognize proceeding
OF Territorial Legislature this subject as having authority Of
No can any high officer of Government that
has said show any vote Of Congress that
has looked to such recognition sir the first blum
bunders law policy well as in this Admin
istration made when recognized the legal authority Of the LIE
the last Of the novelties which have been palmed
the country sound law to break the fall which the nven
of the Kansas act have been staggering for the last
Sir new this Administration No member of either
House Congress at the last Congress thought that there
any authority the Of 1854 for the people proceed for
the Territorial Legislature proceed That Con-
gress the right divide the Territory How them could
horze the people of that Territory form themselves into
Stae9 Did contemplate that the wandering rabbe that
had the right pray and when the
law changed far the legal meaning concerned by the
Did President Pierce when he requested Congress settle the
static
inhabitants ia think the people Of Kansas then had that authority
the last Congress- moved bill authorizing them when they
should have nnetyhree thousand inhabitants form const
mon and providing all the detailed organization of the con
tnS Did this House, when it passed Mr. Dunns BILL suppose
E d that 5 5 ae
of the authority conferred until their population had reached
rent opinions ali departments Of the Government during the
last of member of the last Congress
of both Sides Democratic and Republican, well of all prev
Administrations Of the statute book speaking for itself
less than the and nature of the proceeding against the posi-
81 the laws and those things
Of Of themselves S ought to be sufficient in my Judgment to settle
Legislature to proceed en- the matter.
But perfectly that the law of the Legislature Kansas
itself has not been executed 1t required to be taken
all the counties taken half of them. required
the appointment Of delegates to be made after the
than half taken The law contemplated apportionmen
the basis Of completed of the whole Territory and
apporonment The of failure are mmatefa to the legal
point but they certified officially by the Governor and sece
hostility opposition of the people 1t required the apporon
be made Governor and the Secretary It by
the Secretary alone who acting Governor at the time 1t
CURED counties not having population enough for delegate
be attached districts the fourteen counties excluded from
the were not attached district They therefore had
neither representation actual constructive in the
yenon This failure the law alone fatal to every
there legal authority in the Legislature then sup
pose that the fabric of honorable friends the other side
umbe about their What becomes of the argument that
cannot look behind the cecates2 Why, the certificates
have legal authority What becomes Of the that
these people who stayed home authorized those who voted
vote for hema If there legal election, they not
bound by it. there law requiring them attend
ing at home their duty They only participating
usrpaton The foundation for presumption of the
of those who stayed home that the law required them be
at the polls The good old law of Virginia my honorable
friend my eye will remember, made it punishable offence
stay from election and though there be law
Furnishing it, yet is violation of law and of the duty of the
Citizen stay away from election 1t the duty of the Cit
his and the citizen does not cast it. he held
authorize those who do but that cannot be where the proceed
ing has legal vadyha presumption cannot arise where
merely voluntary collection of portion of the people of the
Territory signify their willingness admit certain form of
constitution weut their having authority bind anybody
else Isuppose them that that point of the whole argu
ment the other side in All their barriers of laws
and certificates presumpons against fact and acuecences
torted from protests and denials, swept away aR i
We at liberty that only thousand six hundred
and seventy people voted calling conventions that only
thousand two hundred people elected the conventions that the
shows only thousand two hundred and fyon
and twentyour thousand hundred and eighty
the Territory which has transformed itself into State And if
they who hitherto insisted combining legal and
certfcaesnow suggest the mpeecons the regis
try agree may further and that there may be twelve
thousand voters and from thirty thousand thou