VIM. S. FULTON.

NooemJer 9d, 1885.

tCoPY

Attorney Generdfs o6icc, Sept 2l, 1885.
{"character_count": 2393, "word_count": 416, "ccnet_language_score": [0.932699978351593], "ccnet_perplexity": [1764.4000244140625], "fasttext_language": ["en"]}


 Attorney Generals otice, Sept 2l, 1885.

 SIR-l have the honor to acknowledge the receipt of your communication of tine 3lst ultimo, transmitting copy of letter from the Governor of Arkansas, with printed address, recently issued by him to the people of that Territory, and requiring, by direction of the President, my opinion on the. constitutional and legal questions pre-. scented in those documents.

 It appears from these papers, that appll- cations have been made to the Governor of Arkafsas, by various meetings of the in- htbtants ol that Territory, to convene the Territorial legislature at i,a early day, Tor the purpose of passing an act, authorizing the election 0 delegates to q convention, to form q St te Constitution, t5at he has de- cliaod lo comply vii this req lest, ti'at he cncrtails s'rDA5 aPpre ,cjs,ods that tae fefraofisl Le ,islahre. d tlei n3Xt regi lar mselilg tobs aeid II . gba next sit pass SaeA ta ;l;:', atd Bs sa great $ I4s

 as to ovefsrlale the aega1 Ye ses e.4 ln ;llaeay la". aud tsat the people, either svitA af without such q law, wili proceed to elect delegates to coaseation, and to oE5anlZe and put in operation State GoveFnmeat, Mltnoat the authority oi Congress-that he Is Of opinion that under the constitution and laws of the United States, no measures can be lawfully taken by the citizens of Arkan sas, to form a Consultation and State Gov eminent, Until Congress shall have first granted them authority so to do and that he will therefore feel himself bound 10 consider and treat all such proceedings as unlawful. In order to meet the emergency thus appre- hended, he solicits instructions for his future guidance; and 1t is in reference to this re- quest that my opinion is required.

 The various questions arising on this case may be chased under two general heads. They have respect either, lst. To the pow CT of the Territorial Legislature to pass laws authorizing the formation of Consii- tuition and State Goyernment-or, 2d. To the right aud authority of the citizens of the Territory to take measures for that purpose, and to the extent to which such proceed ings, if 1t be lawful to enter on them at al, may properly be carried, consistently with the Constitution of tie U. $. and the laws now in force.

 ist. Upon the first of these points there Is, as it appears to me, no room for reason able doubt. The Territorial Governner