The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-29
VOL. X.

gress and she presented herself at your door
with a Constitution thus formed and with Sens-
tors chosen under that Constitution-precisel,
as Kansas now This was in December, 1895
while Andrew. Jackson was President. By the
leaders of the Democracy at that time, all obiec-
ton for alleged defects of form was secuted
and language was employed which is strictly
applicable to Kansas There is nothing new
under the sun; and the very objection Of the
President, that the application of Kansas pro-
ceeds from "persons acting against authorize
duly constituted by Act of Congress" was hurled
against the application of Michigan, in debai,
on this floor, by Mr.. Hendricks, Of Indiana. This
was his language:
Z" But the people of Michigan in presenting their SEM,
and House OF Representative the legislative porrr,
isng there Sho'rsd that they hal hanrlaF rpo, ami ~
lated he iarS IF the United SAFES eSaJ Snug a II I
Government Michigan. These laws were or oughlr
be- in Iu force there; but by the character po-
assumed, they had sci Government anita eoust
OF the United Staies"( Congress DID, Vol - o. -, u.
Cong LIST session.
To this impeachment Mr. Benton replied in thcs.
effective words
"Convenons original acIs ofthe people The, &C.
pended upon inherent and maliensble rights The neon,
OF any State may at any time in Convention witho,
law Of their Legislature and without any provision of
against any provision in their Constitution, and NAV .nr
or abolish the whole frame OF Government they pleas,
The sovereign power To govern themselves IN On,
majority, and they could not be Invested ~-iIbaf D.
1880
Dir. Buchanan We'd with Mr. Benton in vinii-
eating the new State:
"The precedent in the of Tennessee has com.
pieely slienced all opposition regard TIE nrcc,,,
OF previous act at Congress 10 enable ih. Bronr at
Michigan to form State Constitution. IL now seems d,
be conceded that our subsequent aprrobat"n is r,uya
lent TO our previous action. This can no oporr la,
doubted We hare The ovoUGLe yOirsy Of ,rai-a. ann
irTsr"!ay'.iss ia he mod Of framing CONSTITUTION, hat
any sttch srisied "-(Tbd, p. lGiI)
Tie did hope thai 10y This bin all objections womb be-
removed; and at this state, ready rush
arms, would not he rcpused L,cds 81 The uJsuc 81 ,
iadiPe'asabis Ibid, p 1851
After an animated contest in the Senate the
Bill for the admission of Michigan, on her ossea,
to certain conditions was passed, by - yeas To $
nays. But you find weight, well as number.
on the side of the new State. Among the ycas
were Thomas H. Benton of Missouri James Blu
chanan of Pennsylvania, Silss Wright of New
York, w. r. King of Alabama Cong G59i,.
Vol Sd, p. 276 la session 24M CoHgD Subsc.
quently, on motion of Mr.. Buchanan, the two
gentlemen sent Senators by the new Stat,
received tho regular compensation for ATTENDANCE
throughout the very session in which their seat.
had been so acrimoniOusly assailed.-( iLd,. D.
44S)
In the House of Representatives the applicable
was equally successful The Committee on H..
Judiciary, in an elaborate report, reviewed tn
objections, and, among other things, said:
THAT the people OF Michigan have without due arl o-
Iy. formed State Government but. nrverieie,~. nt.
Congress has pocer rare o,ig o6i,ctio,, ri ,h o.
dat account BE- su;sraisd 10 he ratification Ollie CON
tuion which they have adopted, AMI 10 admit their
Repre- 10 take ricir seats Ia The Con-r
on the United Staies"-t Ere doc. la PIN Con-.
Fo'. 3, No. 3sOl
The House sustained this view by a vote of lIi
yeas to 10 nays. In this large majority, by which
the title of Michigan then recognised, will Ice
found the name of Franklin Pierce, at that time
a Representative from New Hampshire.
But the case was not ended The tiercest trial
and the greatest irregulsrity remained The Au
providing for the admission of the new State
contained n modification of its boundaries, and
proceeded to require, as a fundamental coHdiiioa
that these should "receive the assent of a Con
vention of delegates, elected by the people OF the
said State, for the sole purpose Of giving the as
sent herein required. - Statutes at Large I'oL o
p. so, Act Of June 18th, 1850 Such Conycu-
ton, duly elected under call from the Legisa-
ture, met in pursuance of law, and after con>l-
Grafton, declined to come into the Union on the
condition proposed. But the action of this Convrn
ton not universally satisfactory and in order
to effect admission into the Union another Con
vention called pyojesssdiy by the people, in
their sovereign capacity, without any authority
from State Territorial Legislature; nav sir
according to the language of the present Presi-
dent, against authorities duly constituted hy
Act of Congress" ut least much the recent
Convention in Kansas The irreguarity of this
Convention was increased by the circumstance.
that two of the oldest counties of the State com
prising population of some %, 900 souls refused
to take any part in it, even to the extent of not
opening the polls for the election of delegates.
claiming that il was held without warrant Of
law, and in defiance of the legal Convention.
This popular Convention, though wanting
popular support co-extensve with the State, vet
proceeded, by formal act, to give the assent Of
the people of Michigan to the fundamental con-
diton proposed by Congress.
The proceedings of the two Cow entionS were
transmitted to President Jackson, who, by mes
sage, dated 9th December, 1896, laid them both
before Congress, indicating very clearly his de
sire to ascertain the will of the people, without
regard to form. The origin of the popular Con-
vention he thus describes
"Ths Convention moi held or eec'cd By ,ru-o'
any OF the Territorial State Legislature
ted from the People Themselves. sud chosen 10y tcu
IN pursuance OF resolutions adopted in primary senb
Cong, Vol l. No. :sj)
And he then declares that, had these proceed
ings come to him during the recess of Congress
he should have felt il his duty. on being satisfied
that they emanated from Convention of dele
gates elected IN ponl Of fact by Tie Peoy!e Of ME
State, to issue his proclamation for the admission
of the State.
The Committee on the Judiciary in the Senate,
of which FELIX GRUMPY was Chairman, after in
quiry, recognised the competency of the popu
lar Convention as elected by the People of the
State of Michigan and reported a Bill, respon-
sive to their assent of the proposed condition. for
the admission of the State without further condi-
tom Statutes at Large, VOL 3, p. LA, Act cf roth
Jan, 1879 Then, sir, appeared the very ohjec-
tons which are now directed against Kansas 1t
was complained that the movement for Immediate
admission was the work of " n minority and
that "a great majority of the State feel other
wise."-- Sen. Doc, I'd sess Fan Cong, Poi J,
No. 80 And leading Senator, of great ability
and integrity, Mr.. EWING, of Ohio, broke forth in
a catechism which wouldIdO for the present hour.
lie exclaimed:
What evidence had the Senate Of the o-ganZn OF
the Convention! Of the organization OF The popular
semblies who appointed their delegates thai Conyou-
lion! None earth. Who they that and voted,
w had o information. Who gave the notice, And o
what did the People receive the notice To meet
elect, What evidence there that the Convention
acted according tn law! Were the delegates sworn
And il So they extra Icial oahs aud bind
ing upon them. Were The counted Ia fact.
not proceeding under he forms of law for they
toaly disregarded Cong Globe, Vol T. p 60, ri
2ih C0ng)
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