The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-10

they constitutional or not Some of them did not
have written constitutions al the time Rhode Island, for
instance, mad not written constitution, although II had
customs and usages, which may have supplied the place
of a constitution But Congress had no opportunity OF
seeing whether those constitutions such written,
were republican IN Their form, or not under the guaranty
which was placed IN the constitution OF the United States
Again. SIR, the first act ever passed for the admission
OF new State into this Union, was for the admis.
sion OF Kentucky Ia that case, sir, Kentucky had no
constitution at the time that Congress passed the act
its admission into the Union. Kentucky never presented
constitution to Congress TO this day Congress has
never the constitution of Kentucky Kentucky was
formerly part of Virginia. The State of Virginia pass
ed an act conserving that the district OF Kentucky should
be separated, and formed into new State conven-
uon in Kentucky petioned Congress to pass act de-
cariag them State; and the 4th of February, 1902,
Congress passed act declaring that the State of Ken
lucky was, and should be, one OF the States OF this
Union from and after the first day of June that year
But at the time OF the passage OF that act by Congress-
Kentucky had no constituon--had organized gov
eminent. II not State in any sense of the
word, having no State organization of any kind
They were detached counties OF the State of Vir-
gina, without organlzation-n state OF anarchy,
presented that report But after Congress had pass
ed that act OF the 4ih of February, 1872, TO wit,
that the lst day of June, Kentucky should be of
the States of this Union there was held on the first
Monday in April a convention OF the people, which
sembled and formed constitution and Stale government
and Kentucky came into the Union on the day of
June, the time specified But Congress never saw that
constitution. 1t presented here for to in
vestgale, and to see whether was agreeable to the
constitution of the United States II had existence at
The time OF the legislation of Congress, any than
State constitution exists in California.
The next case which arises, sir, is that of Vermont
Vermont had occupied peculiar position during the Rev
ouiOn She had a government OF her own. She petit
toned for admission into tho Union equal footing
with the original States She received into the
Union, but so far | have examined--and have
examined very Careuy-she presented a consiu-
ton here, and Congress did not officially know that she
had constitution. 1t did not them at that day.
sir that il necessary to ascertain the fact She
declared one OF the confederation without submitting
constitution to the Congress OF the United States.
The next case was the State of Tennessee. The State
Of Tennessee was admitted into the Union, as il appears
by the act without petlnoning and without showing
sttution at all am moi prepared at this moment to show
the facts of this The history of that State in
the possession OF the committee and could investi
gate it a. thoroughly as wished; ant will investigate
il possible. But, ii appears that it not
cessary 10 present constitution Ii was not necessary
to have constitution because Congress could not know
Of its existence unless it was before them officially
Then, sir, the first three States admitted this
Union under the constitution of the United States, neither
OF them required TO have State constitution in adj
vance neither of them furnished constitution to Con-
gress for its inspection, Ohio the first State that
did that And why did Ohio furnish its constitution for
congressional Inspections It was, sir because Ohio was
part OF the Northwest Territory, and because the North
west Territory covered by the ordinance of 1887.
That ordinance of 1857 provided that certain undamen-
tai principles of liberty. laid down in that ordinance,
should forever constitute part of the Sate and OF the
constitution of any State which should be formed in
that Territory. These articles OF compact held
The Uncu ARTICLES OF De-
tween the State of Virginia and other States OF this
Union Being articles of compact they were held to be
binding as being guaranteed by The constitution OF the
United States, which declares that all engagements and
compacs entered into by the confederation to be
binding upon the United States.
In that view it was held 10 be necessary that Ohio
should present constitution that Congress might
not whether it agreed with the constitution of the United
Siaes for if it did not that would be after considera
tion-but whether they had complied with the compact
requiring that those fundamental principles of liberty
should be Incorporated into the constitution OF Ohio
Hence you find that the act for the admission of Ohio in
to the Union stated that whereas the people OF Ohio, on
certain day, had formed constitution which was in
not with the constitution OF the United
States, but in conformity with the articles OF the compact
contained in the ordinance OF 1857, therefore was ad
mitteI into this Union.
You will find the sane language in the act for the ad
mission of Indiana: Wheeas The people of the State OF
Indiana have formed constitution, which constitution is
in compliance with the articles OF the compact contained
in the ordinance of 1877, therefore It's admitted into the
Union"
You find the same in the act for the admission Of H.
linos ''Whcrcas the people of the State OF Illinois,
semblcd on certain day. in Kaskaskia have formed
constutionnot republican constitution, but constr
tuition in conformity with the principles laid down in the
compact contained in the ordinance of 7S7-thereore,
be enacted that Illinois is one OF the States OF this
Union"
The necessity for the presentation of these constiiu
tons to the Congress of the United States rose under the
ordinance of 1887, and under the constitution of the
United States. Hence il was that when you came to
act under the ordinance of 1857 you departed from the
usual and regular custom of admitting State and allow
ing it to make such constitution as she pleased
Them sir. when you come to the State of Maine, there
it reads differeny "Whereas the legislature Of Massa
chusetis has passed an act authorizing the district of
Maine TO form State government therefore be il enact
ed that the district of Maine be- and hereby is Of
the States OF this Union" The right to form constitu
ton proceeding from the legislature of Massachusetts.
you find in the act of Congress direct departure from
the custom in relation the Northwest Territory the
moment you pass out of that territory
Again, it does not appear that Maine ever presented
her constitution for the inspection of Congress
Mr. BUTLER. Mr.. President, it is not with a view TO
interrupt the gentleman that RISE but am that he
is combating what is not in the report There is no
such principle the report that is necessary for
California TO have organized government with State
1t may be that the report does however state that in
instance in the history of the government of this people
has State been formed which had not something OF
political history But as to the necessity for organza
ton, and State constitution, there is such principle
in the report
Mr. DOUGLAS. | am very glad sir, to be assured
that there is nothing OF that kind in the report.
MIR. Blu TIER made remark, which was lnautlble.
Mr. DOUGLAS. | trust them that that principle will
not be conended Tor objection to the admission OF
California into the Union at this session II this princl
pie commended for, then there be objection,
after having obviaed the other two, to admitting Calior
MIA at once; but was led into that remark, as under
stood the report to advance the principle that the acuon
of Congress uniform upon that point wished 10
show, that it had been uniform the other way unless
there was something besides the constitution when re-
qnred departure from the general practice IN the exhibit
ton of the constitution OF the States TO Congress. Ana
what is that something Il have shown that the ordi-
nance of 1887 containing articles OF compact constituted
reason for departure from the regular, uniform custom
on that pont and then after Congress had got into the
But when they came to louisiana they departed again,
and the reason the departure perhaps, was that there