Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1856-06-24

constituted by Act Of Congress-" was hurled
against the application of Michigan, in debate on
this floor, by Mr.. Hendricks, of Indiana. This
was his language:
"Bpt the people of Michigan, in presenting
their Senate and House Of Representatives as the
legislative power existing there, showed that they
had trampled upon and violated the laws OF the
United States establishing Territorial Govern |
ment IN Michigan. These laws were or ought to |
be, in full force there; but by the character and
position assumed, they had set up Government
antagonist to that Of the United States"-(Con-
gress Deb, VOL IL, ,. 28S, oath Cong, ist sess.
To this impeachment Mr.. Benton replied in |
these words:
"Conventions were original acts of the people.
They depended upon inherent and inalienable
| rights. The people Of any State may atany time
meet in Convention, without law OF their Legs,
lature, and without any provision, OF against
any provision of their Constitution, and may al
ter or abolish the whole frame of Government as
they please. The sovereign power to govern
themselves was in the majority, and they could
not be Invested of it''--(Ibid., p. 1896.
Mr.. Buchanan We'd with Mr.. Benton in yindl-
eating the new State.
aThe precedent in the case Of Tennessee has
completely silenced all opposition in regard to
the necessity Of previous actof Congress to en-
able the people Of Micbigant to form State Con
Istiintion. 1t now seems to1be conceded that our
subsequent appreciation is equivalent to our pre-
vious action. This can nolonger be doubted
We have the unquestionable power Of waving
ANY irregularities in the mode of framing the
Constitution, had any such existed. d."-( IBID, p.
| l04l.)
"He did hope that by this bill all objections
would be removed and that this State, so ready
TO rushinto our arms, would not be repulsed, be-
cause of the absence of some formalities which
! perhaps were very proper, but certainly not in
dspensable. ."-(lbid., p. l015.)
! After an animated contest in the Senate, the
Bill for the admission of Michigan, on her assent
to certain conditions, was passed, by % yeas to
nays. But you find weight, as well as num-
bers, on the side of the new State. Among the
yeas were Thomas H. Benton of Missouri. James
Buchanan ofPennsylvania, Silas Wright OF New
York, w R. King of Alabama.--( Gong. Globe,
Vol. Sd, p. 276, 1st session oath Congo Subse-
Quently, on motion of Mr.. Buchanan, the two
gentlemen sent as Senators by the new State re-
ceived the regular compensation for attendance
throughout the very session in which their seats
had been so acrimonously assailed.--Qbid., p.
.. 448.)
In the House Of Representatives the applca-
, ton was equally successful The Committee on
! the Judiciary, in an elaborate report, reviewed
the objections, and, among other things, said:
"That the people of Michigan have, without
e due authority formed State Government, but
0 nevertheless that Congress has power to waive
d any objection which might, on that account, be
entertained, to the ratification of the Constitution
i which they have adopted, and to admit their Sen
Il ators and Representatives to take their seats il
:. the Congress of the United States" Exec. Doc.
u lst sess. oath Cong, Vol. 2, 20. 380.)
I, The House sustained this view by vote o
e 1853 yeas to as nays. In this large majority, b!
q ny binh ha ftla IF M;ob;oon han raononi1nd
: will be found the name of franklin Pierce, a
= that time Representative from New Hampshire
But the case was not ended. The ferces
trial and the greatest irregularity Th
! Act providing for the admission of the new Stat
: contained modification of its boundaries, ant
n proceeded to require, as fu ndamental condition
It that these should "receive the assent of a Con
: vention of delegates, elected by the people 0
: the said State, for the sole purpose giving tn
!, assent herein required. d."-(St at Large
" Vol. s, p. so, Act of June 9Th, 1850 Such
o Convention, duly elected under call from tn
is Legislature, met in pursuance of law, and, afte
i consideration, declined to come into the Uno
e on the condition proposed. But the action o
s. this Convention was not universally satisfactory
n and in order to effect an admission into tn
is Union, another Convention was called proes
sedly b. the people, in their sovereign capacit,
as without any authority from State or Territoria
2, Legislature; nay, sir, according to the languag
of the present President, "against authorities du
l. ly constituted by Act of Congress-" at least Q
Ii much as the recent Convention in Kansas TIL
n, irregularity of this Convention was increased
the circumstance, that two of the Oldest countit
n of the State, comprising population OF SON
r- 25000 souls, refused to take any part in it, eve
as to the extent of not opening the polls for Il
of election of delegates, claiming that 1t was hel
b. without warrant of law, and in defiance of Il
of legal Convention. This popular Convention
cd though wanting popular support co-extensi'
with the State, yet proceeded, by formal act
lst give the assent of the people of Michigan to Il
-al Fundamental condition proposed by Congress.
ct The proceedings of the two Conventions we
TO- transmitted to President Jackson, who, by me
IT. sage, dated 9th December, 1886, laid them bo
lie before Congress, indicating very clearly his desi
to to ascertain the will of the people, without +
it gard to form. The origin of the popular Coz
he venton he thus describes:
lev "This Convention was not held or elected
Ia virtue of any act of the Territorial or State LIE
led islature. 1t originated from the People theI
ing selves, and was chosen by them in pursuance
Of resolutions adopted in primary assemblies he
in the respective counties. s."-(Sen. Doc, I'd SCI
m Oath Cong. Vol. 1, No. 36.)
of And he then declares that, had these procee
in ings come to him during the recess of Congre
rs, nc SOulu nave lelJ IL MS uuLy, Oh DelnB SdIlS
la that they emanated from Convention of del
led gates elected in point of fact by the People of
,g- State, to issue his proclamation for the adm
ent sien of the State.
The Committee on the Judiciary in the Sena
ci- Of which Felix Grundy was Chairman, after
,u- quiry, recognized the competency of the popu
Of Convention, as "elected by the people of I
is State of Michigan" and reported Bill, respo
de- sive TO their assent of the proposed conditic
,ne for the admission of the State without further
de- dition.-( Statutes at Large, Vol. 8, p. t44,
ven of 26th JAM, 1917 Then, sir, appeared t
re- very objections which are now directed agail
she Kansas. 1t was complained that the moveme
on, for immediate admission was the work of ga n
re- nority," and that ga great majority of the ST.
ch feel otherwise. ."-(Sen. Doc, I'd sess Oath Con
tn Vol. 1. No. 37.) And a leading Senator,
on great ability and integrity, Mr.. Ewing, Of Oh
ex- broke forth in catechism which would do
,7tn the present hour. He exclaimed p
y "What evidence had the Senate of the orea
for zatlon OF the Conyention2 = or the organizat
oil the popular assemblies who appointed ii
Y of delegates to that Conventionl None on cal
the Who they were that met and voted, we had
e in information. Who gave the notioel And
ling what did the People receive the notice?
no meet and elect2 What evidence was there I
lich the Convention acted according to law? W
,ine the delegates sworn2 And. if SO, they were
g. tra-judcal oaths, and not bndingupon them
tate Were the votes counted! In fact, it was NJ
med proceeding under the forms Of law, for they "