Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1856-06-19
]Dolitifal,
SPEECH OF
HON. CHARLES SUMNER
ON
In the United States Senate, May 10, 1856.
(CoNCLUpED.


(coNcLUDED.)
Distrusting the objection from inadequacy of |
population, it is said that tho proceedings for
the tofmation Of ne,o state are fatally defective
in form. 1t is not asserted that previous en-
abling Act of Congress is Indispensable for there
are notorious precedents the other way, among |
which are Kentucky in l79l; Tennessee in l796; |
Maine in 1920; and Arkansas and Michigan in |
1886. But it is urged that in no instance has a
State been admitted, whose Constitution was
formed without such enabling Act, or without
the authority of the Territorial Legislature
This is not true for California came into the
Union with Constitution, formed not only with
out any previous enabling Act, but also without
any sanction from Territorial legislature
The proceedings which ended in this Constilu-
tion were initiated by the military Governor there
acting under the exigency of the hour. This in
stance may not be identical in all respects with
that of Kansas; but it displaces completely one
of the assumptions which Kansas now cncoun-
ters, and it also shows completely the disposition
to relax all rule, under the exigency OF the hour
in order to do substantial justice.
But there is u memorable instance, which
contains in itself every element of irregularity
which you denounce in the prceedings of Kan
sas. Michigan, now cherished with such pride
as n sister State, achieved admission into the
Union in persistent defiance of all rule Do you
ask for preccdents! Here is precedent for the
largest latitude, which you, who profess defer
ence to precedent. cannot disown Mark now
the stages Of this case. The first proceedings of
Michigan were without any previous enabling
Act Of Congress: and she presented herself at
your door with nstltuton-precisely as Kan
sas now This was in December, 1885, while
Andrew jackson, was President BY the lea
ders of the Democracy at that time, all objection
for alleged defects of form was secuted, ana Ian
guage 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, proceeds from 'persons
acting against authorities duly constituted by
Act of Congress" +" was hurled against the appli-
cation of Michigan, in debate on this floor, by
Mr. Hendricks, Of Indiana. This was his Ian
iage:
" But the people of Michigan, in presenting
their Senate and House of Representatives rs
the Legislative power existing there, shoiocd
that they had trammled upon and riolatcd the la,os
Of the United States establishing Territorial
Government in Michigan. These laws were,
or aught to be, in full force there but, by the
character and position assumed, they had set up
II Government antagonist to that OF the United
States. ~ Congress, DeJ., Vol. II, p. 2o8,
24th Cong, ls scssion.>
70 this impeachment Mr.. Benton replied il
these effective words:
Conventions were original acts of the ppo
pie. They depended upon inherent and inaien'
able rights. The people Of any State may III
any time meet in Convention, without any pro
vision, or against any provision in their Consti
tuition, and may alter or abolish the whole
frame of Government as they please. The SOW
eaeign power to govern themselves was in the
ma iorty, and they could not be divested of it. y
I-(Idid., p. lO36)
Mr.. Buchanan We'd with Mr.. Benton in vim
dicating the new State:
The precedent in the case of Tennessee has
com plctely silencod all opposition in regard to
the necessity of u previous act of Congress to
enable the people of Michigan to form State
Constitution. 1t now seems to be conceded that
our subsequent appreciation is equivalent to our
previous action. This can no longer be doubt
ed. We hare the unquestionabie po~er Of scaio-
ing anu irregularities in the mode Of trannin2 2
The Constitution, had any eristcd." ."--lbid., p
l041.
"IIc did hope that by this bill al objections
would be removed and that this State, 50
ready to rush into our arms, would not be re-
pulsed, because of the absence Of some Jornaal,-
lies ,phch ,oere perhaps very proper, d'H certainty
not indispensable. Ibid, p lOl5.
After on animated contest in the Senate, the
Bill for the admission of Michigan, on her assent
TO certain conditions, was passed, by 20 yeas tc
8 nays But you find weight, rs well as mum
bers on the side of the new State. Among the
yeas were Thomas Ii. Benton Of Missouri
James Buchanan of Pennsylvania, Silas Wrigh
of New York, w. R. King of Alabama. -
Cong. Globe, Vol. Sd, p. 276, Isl session 24t'
Cong.) Subsequently, on motion of Mr.. Bu
chanan, the two gentlemen sent as Senators BY
the new State, received the regular compensa
ton for attendance throughout the very session
in which their seats had been so acrimonlonsly
assailed - (IJid., p. 4SS.)
In the House of Representatives the applica
ton was equally successful. The COMMITTEES
on the Judiciary, in an elaborate report, re
viewed the objections, and among other things
said
THAT the people of Michigan, have, withou
due authority. formed Il State Government, bu
nevertheless, that Congress has po,oer to ,Uair
any objection. ,phich might, on that account, b
entertained, to the ratification of the Constitu
ton which they have adopted, and to admi
their Senators and Representatives to take the
seats in the Congress of the United States" -
(Erec Doc, lst sess. 9th Cong, Vol. 2, No
38O.)
The House sustained this view by vote
l53 yeas to As nays. In this large majority, b
which the title of Michigan was then recoG
nised, will be found the name of Frankli
Pierce, at that time Representative from Ne
Hampshire.
But the case was not ended. The ferce
trial and the greatest irregularity remained
The Act providing for the admission of ne
State contained u modification of its bounds
ries, and proceeded to require, as a fundament
condition, that these should =" receive the assel
of Convention of delegates, elected by I'll
people of the said State, for the sole purpose
) giving the assent herein required. ."-Statutes
large, VOL 5, p. so, Act Of June 9Th. 1885,
Such Convention, duly elected under ca
from the Legislature, met in pursuance of lay
and, after consideration, declined to come in
the Union n the condition proposed. But Il
action of this Convention was not universal
satisfactory, and in order to effect an admissiC
into the Union, another Convention was call,
professsdly by the people, in their sovereign C
t pacity, without any authority from State
= Territorial Legislature; nay, sir, according.
e tho language Of the present President, again
authorities duly constituted by ACT of Co
: gress :" at least as much as the recent Conve
!. ton in Kansas. The irregularity of this Co
a vention was increased by the circumstance, th
: two of the oldest counties of the State, col
= prising population of some $4,000 souls, ,
y fused to take any part in it, even to the exte
% of not opening the polls for the election of d.
d egates, claiming that it was held without wa
rant Of law, and in defiance of the legal Co