New-York daily tribune., 1858-02-20

WpY
mnair the authority OF the Terrl.eriai Cegisaturs
over AL riehfu subjects Of Legislation consistent WIN
the Organic act. /. this view oil the suo,ec. oe So
rect il follows necessarily that me "A nd. NV tbat
yention, in forming the Constitution old neI y s"o.
act and could not By any act, impair, ounireu VI
restrain the authority Of the Territor,a 49,
and hence that the Constitution formed az Laup5 81
and presented TO Congress for acceptance o
considered ar treated ike any other Inem'rai VI 70
tition which Congress may accept REJECT OF Is.sa.a
according 10 the facts and cIrc uInstanc.. VI tIo
This point wBs slso considered ana oec"" ~ an.
Jacksons Administration in the Arkansas case, a. eP
nears by the following extract from the same opinion
Of Attorney General Bu'er IL.
Bu, nc, prePsrsd % say h,; :. I'o vii ~ leI
They and9ubisdy The % STdasry p,'ssi; iaGs G
INN aniiie' q citizen. Of the s.ors sI p.ssssby to as
,emb4 and TO PETITION the Government for the iedess o
grievances, In The exercise Of this night the inhso1
Afksnss NAV pescesby together in primary aeno
in Convention. chosen BY mbles oT the prPe OF r
iiopIs Congress TO AbroEAe the Territorial S T a..
adm NJ, IA the Union independent seste. iue
ticusr which they may give to their Prion sa, & o
msr. 50 long as they eoHhDs s sssas. IN peseesbe
manner; ard the power of Congress over ne Wno
ver framed which in their Judgments "ee' fAe 'sH.e ns
peeJIs 10 be eodby a. r. Therefore the ciLep. o ,
ton amed and agreed on by their primary assemblies or ~
Convention Delegate. chosen BY such a'semonss
which nay collect the sene of The pee PIE IN
~ p,d In p-s.abie nanna "a ,tric. ydsaa the
lsue TsSri,orial Gosersmeat ea'e 'goer'e.<y 70
nsporo f CoHsres adapt Teet or dhT'gors me" al '
however ohyiou. tbs, Al ms.snTs, sSmRenSed 1,
m.n and to establish snd force in iis Place new g'',rn
ment without hs eoTssn q Gvs,sn. ~ ms. eoni in
until sbrogated By Congress- and ~ TIE mean 's.s VIZ
b. the duty the aud Of all the Territorial )ncers s
well the Pusideni 10 take care thai they e 1 1iy exc
eutsd.T
1--we apply the principles to Kansas which received
the ssnctrn of Gen. jackson and bis Administration
Al L.
Lecou pton Convention had the night To assemble
under the protection of that clause of the Constitution
Of the United States which secures to the people the
rieht peaceably 10 assemble and Ia pstUn Govern
"mebt for the redress Of grievances; and 10 the exer
cise Of this right of petition they might pray COh,
gress to abrogate the Territorial Governn'snf, ana
| TO admit them into the Union ss an independent
| E" State" provided they conhne themselves 10 the
mere right of petitonng, and the Constitution IN
closed in their petition meets the ot the people
" 10 De- affected BY H., and also that such measures
! :" be commenced and prosecuted In peaceaoie nau-
ner, in strict su6OrdtHGtf0H TO me t<iAmS if1-
",jtorol GCrtTAReat, and IN cgLre sHbStrriehcy 10
| "tLe Dorer Of Congress TO adopt, reject or dsre.
gard them at their pleasure; but that saia Con-
yenton could not establish Government, OF oruah
Consultations do any other act, under pretense OF
p, par;Ig the Territory for admission into the booh
a. sovereign State" calculated or Intended TO a0ro-
gate mpa OF restrain the Legislative power 0f the Ter
ritz Nv over all rightfu Of legislation c)nsistent
with the organic act. If these principles be sound,l
the doctrine Of General jackson Administration ne
Arkansas case be correct the President Is mistaken IN
supposing that the Lecompton Conyentonuid on coua
du any act deriving the Territorial Legislature OF tue
nouer and right TO pass law referring the Constltu-
ton 10 vote of the people on the IN OF January VII"
the view of asceItaning the essential ana a-iPoit
a,f fact whether it bects the sense 81 ne opte 10 ot
,feekfd INIT" The power OF the Territorial Legs
lature over the whole subject as full and absolute
ON the 18th day of December, when the law was en-
acted providing for the submission OF the GonsIatoi
to the people 81 the election the Ih OF January a.
il wa On the 18th day of February, 1871, when the
Legislature passed the act calling the Lecompon Con-
| yetion into exs ence. The Convention was the crea
ton of the Territorial Legi.ature was caled INTO OK
stence BY its mandate, derived hatever power pos
sessed from its enactment and was bound al
s proceedings ." IN arict SubordtnGt'on 10 me ec'"e
Ieyrttoriot GGrernment as well as " IN entire SUP
"seryeLcy to the power Of Congress to adopt, reject
{" or disregard them at their pleasure. Such being
the case whenever the Legislature ascertained the
| the Convention whose existence depended upon IT.
| will, had de vised a scheme to force CONSTITUTION
--,i..iti oVnsiess, ond "ii0f. -us bvi'o 'es
to be repugnant to tue feelings and hostile to the in
tere ais of the pe ople 10 be affected by It, became
their imperative duty 10 inerpose and exert the au
| thorty conferred upon them by Congress in the or
| ganc act and arrest and prevent the consrmuIatoI
| 6f the scheme before il had gone into operation.
The Iegs lhture deserves credit for the promptpess
wisct III and Justice which characterized Its proceed
ngs in this respect. The members were familiar will
tie wishes Of the people, having been elected ate
| the IecOmpon Convention assembled and before II
| concluded is labors and at the end Of exciting
| caIvass, i'll which the origin and organization OF the
| Convention, the circumstances under which the dele
gates elected ard their pledges to submit the
Constitution 10 the people for ratification or rejection
and the various provisions which We're to be incorpo
rated Tito the Constitution, ell fully and freely
| discussed by both parties before the people The
Legislature not only passed the act Of the 18th Of De
cember authorizing the people to vote for or against
the Constitution before should be sent TO Congress
for acceptance but in order to prevent any action by
Coner ss before the people should have an opportuni
| , kipot vish m INV hOr Y
and legal form, the following preamble and resolutions
were adopted, published IN the public prints by the
| unanimous vote of the two Houses
PRrnRLE AND JONI RESOLUTIONS in relation to the Con
uton Jtdmod at LecO"pton kaH'a'. Territory o" the IN
| day Norsmber. 1857:
"Whefta. snail minority OF the people, living in nineteen
Of the hyg counties Of the Territory syaed themselves
Of law hich enabled them to obsruc and dea. fair
application the Proyi;on, and pstan machinery of .ad law
recently bed Leco&p,On,
And Ehe'ea,, By reason Of the defective provisions o.
OF the authorities charged with the execution Of the
the ePs living within the Iems;i.lns nineteen soun
said Convention not recognized IN organization or in any
rsers. Il /. an asom in potcsl ethics that the psopl.
be deprived Of their rights by the negligence nscon
nd rh@reas minority wit: Twenty eight only Of the
sixty members Of ssd have oy an a2wor
tory Constitution, without consulting their wishes and ssust
Aad rhereas The member. Of said Convention refused
to submit action the approval dsappUy Of the
OF the Territory IL thus acng have dshed the known VIII OF
| uinet, nths q the voters thereof
nd heyeas The action Of fragment Of said Convention,
unseupz they did small minority o the voters Of the Ter.
oy pudises crushes distinctive principle Of the
NebrssLs Kansas A snwioistes aud tampes under fot
the rigLts and the sovereignty Of the people, t
ind rheroG, From the foregoing statement Of facts IL
clearly sppess that the people have not been left free 10 form
.and their domestic institutions In their bat
contrary every siege in the anomalous proceedings
| cited, they have been presented from doing
H. Rolred, BY the Governor and Legislative
Assembly ksnss Territory that the people Kansas eins
10 ssd Constitution Congress has Tshtfu power under
10 admit said Territory into the Union State and the Rep
Of said people do hereby in their name and their
| behalf soIem My pIotest sganst such sdmission
That such the Congress would In