New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-14
M GywApp-Cerlaiply.

g. nd
;un"J,cop. and was civil ss Wei AZ military Gov.
y.noT II was under his ptoclamst,on thai Coeveu-
ION was called apd the Constitution suopNa. Nov,
!. This case, shond like TO see the Sehs'o arg. ~
question here, that re CopvenS %reT. yoIs,on cs
Fundamental law organizing. that Ierrrefy. ihs
noin, of difference is this So far a. the feaern Gov.
eminent left power in the S ~ nS,.usocs Of ~
al, a, 90 of that officer There was no Jaw prevent
inc the people Of California from prescribing me COO
ditons upon which they should form q Coosl,utions
al ask Tor admission inte the unlon In the ABSENCE
- anv leeiation on the part of Congress- the people
assembled ueder the call OF the military ana Gvi
Coyernor and proceeded TO organize SI1e "oyern-
men. and applied for admission into the unlop. but
- 20 Kansas there has been law passed BY Con.
go n,e.c,;birp the terms which they sha form
S,stc Constitution Their Convention wee IN direct
violation of the fundamental law, and now they AK
Cor Admission into the Union. hope the senso. from
N,wYork will zee tha, there is great deal OF differ
e,cs between the way in which California came into
tbe Union and the way in which be proposes TO adnx
Kansas. =, c.. =. ..xr L;,S
I'D lair in bs statement aud wild endeavor TO meet
s objection he pre.epts If he hsd been here, ~ 10
was not believe, during the debate on the sainssa
Of California be would have learned tbst % We -
sorous and grave an objection TO the mods 10 WHICH,
,ha CaIfornIa Convention was called, tba, !, WAS
called by military authority, without any senc.c1
by Congress whatever, as It ~ no ass I'm .ho1;,
that her Convention was e'eS ;nn Of !. TIE mill
tary Governor al Calforois was Govesno, hppTmo3
IN time of war California was conquered, enu
maned in the hands OF Gove.o, wry 81 NV whst.
by the President, without any "aHah' 70 -"
ever or of the Constitution. -. ,vss,v ara
M W11iER-We held California BY ue"'y' s13
no, Gy sSEr%q,sn-We held it by both. A.sR events,
nv .t.temeut was that there oprevioas aGncr.y
- Congress, The military Governor wac SeneIa
Riev: and I need not ray to The oono'aoe oenasSe
from California that military Govefnofs nase w
,JoT;.v vfbout an act Of Congress authorizing eIo
drc.ng them 10 institute Conventions 70 sooVsN ,ss
mower Of the United States. We know, ihceea' .n.S
the Governor of California scfed III S0npnnJ 80
tie views Of the Presidents 6t the oi;,,csI
without authority and in ODE dience only 70 PoheS
n, ce sity for which provision had been 10 soc;
yhtue Of the proceedings thus ieaugrsea Gnu os
conducted California assumed 70 be, and oecnme noI
me RELY provisional State, tuhJect 10 the feueass
Union. but an Independent aud absolutely sovereign
STATE Sir. what California lid was rightly aose,, oul
it was not done in pursuance OF any Ii". IL ;,;s.
without law, and i, was justified then a. justly
similar proceedings I'D hahsas now, y" ''' e
Mr. President. ansth.r and lighter ohjectloa has
been urged against ny bill, namely; that tse ioY,ns
Constitution provides that il sba not be chsogea IA
lees than nine years. do rot know this fact ous s
honnd 10 a,srine it. ON the statement OF tue hoho'aoe
Senator from Georgia. My answer y, ma 'su, H'I 3,
sponsble for that provision IN tae C, wy -
an objection Of the same character WIN one mat %
msde by the honorable Senator from limos MI.
DouglaS namely: that the Toptka Constitution @t
cuces free colored persons from ansas reply 70
both of these objections. take the Constitution %
we m,st all take it, for better for wore-luss 40 II
is or we cannot admit tee State at all. Tee people
in new States make their Constitutions Oar power
whatever its Constitution NAV be: Again, u IS not
c ar that the provision complained OF by the Senetot
from Go orsia will prevent the people Of hansas from
subvertipg this Constitution, and eetabHssing new
one at any time short Of the expiration Of nine years
The Constitu,ion of the State of New York, eetao-
h-hed in 1921 provided for alterations only 20 De maze
with the consent Of two succ' ssive Legsatires' n
party desiring radical Innovation, and tn1ng u imr
possible to obtain that obj in the form prescribed 10
the Constitution, secured a majority in the Legsla-
ture, and, without any constitutional authHny car
ried through law by which proceedings were 1890
tuted for calling q Convention, which was subse-
quently held ana which framed new Constitution.
This new Constitution being submitted TO the people,
and approved by them, in derogation OF the Odd one,
became, and 1t yet remains, the supreme HW u TUG
land.
Mr. DoUGLAs-I win state to the Senator from
N,w-Yrk. 60 that he may know the fact, tbst the
Coz suton Of Kansas, OF which he speaks, provioee
that amendments may be proposed by two thirds q
each House of the Legislature, for two successive
Legislatures; and if adopted by two successive Leg
satures by two thirds Of each House, they are 70 be
submitted to the people, and then majority OF tho
people may amend III but j. provides thst no such
smt pdme Mt shall be made, either by Convection or
the Legislature, for niDe years.
Mr.. WELLER-A State Constitution mus. oily be
Republican in form.
Mr.. SEwARp-l thark the honorable Senator for
the estion that the only question necessary and
prectcafbere is, whether Ksnsa. has Consultation
which is Republican in form. To most Senators that
is enough, under any circumstances. confess il y
not enough for me-
1.-THE provisional State of Deseret shall come here
with Constitution which shall sanction pclygamy, I
certainly shall vote against admitting Is state Z
community which has revived that em,nently path.
archal institution, without stopping TO decide whether
the institution is in harmony with Republ ;ansm or
not.
pass from my own bill to consider the new bill
preserted by the Committee Territories 50 far 40
the subject of Slavery concerned the mcet which
can be claimed for this bill is that Il gives an equal
chance to the people of Kansas to choose between
Freedom and Slavery. can We'll understand that the
Senator from GeoEgs and the Committee On Terri
tories regard this feature OF the bill as being entirely
just. differ from them only because the standard Of
political justice which cOmmends itself TO me ia more
ngld one. recognize no equality, in moral right or
political expediepcy, between Slavery and Freedom.
hold the one to be decidedly good AMI the o.her 10
be positively bad. do not think It wise, or Just Or
Necessary to give to the people Of Territory, where
slavery does not exist, and never has existed the priv
llege OF choosing Slavery. The inhabitants Of q new
Itnhofy are necessarily in condition Of puyiage,
needing II guardian care as well counse Of Cen
gress. The experience Of Kansas conirms This truth
On the 2eth OF May, 1854, there was no civil COM
munlty practically there was not one lawful citizen
within the Territory The Kansas organic law passed
ana 10! there was at once q civil ceninunitv
there. But what was it, condition There
were lew enigrahts scattered throughout a
territory OF vast extent unknown TO each other: uu
sganized, absolutely without civil nstt ution.: yi.h.
Out treasury, or militia, publ; edifces without
Organized political parties; and without cultivated
n.Gs, or workshops or established markets AMI almost
Without habitatoDs or homes; inconpetep. "a self-
sosersmeht they were OVERCOME by email Intrusive
iorce from an adjoining State; addressed by foreigo
factions, with present ternpta,ions ri ..,,s,;nes