Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-07-03
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800.
IT. clude or prohbi. aimiSsioa."--tEea Doc, .
"a Cong, ID ssSs., FOL /, -FO 206J
Thus, sir, do the people Of Florida pie
+, for the people of Kansas.
or Diftrustiug the objection from inadequat
e; Of population it is said that the yroceedin
Of Ot for the formation Of a as'0 State are fatal
IL defective in form. 1t is not asserted that
previous enabling Act Of Congress is indi
If pensable; for there are notorious precedent
r, the other way. among viii ch are Kentuck
n in 1871; Tennessee in 1876; Maine in 1926
IS and Arkansas and Michigan in 1886. But
s. is urged that in No Instance has State bee
e admitted, whose Constitution was forme
If without such enabling Act, or without th
j. authority of the Territorial legislature
G This is net true; for California came int
h the Union it'll a Constitution. formed no
y only without any previous enabling Act. bu
y also W thout any sanction from a Territori
al Legislature. The proceedings whicl
: ended in this Constitution were Initiated bj
: the military Governor there, acting unde
t the exigency of the hour. This instance
: may not be identical in all respects with
r that OF Kansas; but it displaces completely
I one of the assumptions which Kansas now
encounters, and it also shows completely
5 the disposition to relax all rule, under the
exigency of the hour, IN order to do substan-
tial justice.
But there is memorable instance, which
contains in itself every element of irregular
ity which you denounce in the proceedings
of Kansas. Michigan, now cherished with
such pride as sister State, achieved admis-
sion 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 Difference to pre-
cedent, cannot disown. Mark now the
stages Of this case. The first proceedings
Of Michigan were without any previous en-
abllng Act Of Congress; and she presented
herself at your door with a Constitution
thus formed, and with Senators chosen under
that Consttution-precisely as Kansas now.
This was in December, 1885, while Andrew
Jackson was President. BY the leaders of
the Democracy at that time, all objection
for alleged defects OF form was secuted, and
language was employed which is strictly ap-
plicabe to Kansas. There is nothing new
under the sun; and the very objection of the
President, that the application of Kansas
proceeds from s'perso Us acting against au
thorities duly constituted Eby Act of Con-
gress," was hurled against the application
of Michigan, in debate on this floor, by Mr !
Hendricks, of Indiana. This was his Ian
guage:
''But the people of Michigan in presenting their
Senate and House Uf Representatives, Gs tne egIS-
lative power existing here, SHOWED THAT THEY
bad TRAMPLEr UPoE AND VIOLATED THE LAWS OF THE
UNITED STATES ESTABLISHING TERRITORIAL Gov
ERNMENT IN MICHIGAN. These laws We're, Or ought
To he ,n:u force there;bu by The character &ro>i
ZION assumed, they had set up a Government an
tagonistic to that of the United Staes. Congress
Deb, Vol. u, p. 255, 9th Cong lst session.
To this impeachment Mr.. Benton replied
in these effective words:
Conventions were original acts Of tie people.
They depended upon inherent and inallenGhe
rights. The people of any State may al any une
meet in Convention, without 4 law ot their LeJis-
lature, and without any provision, or against any
provision in their Constitution, and IN! " alter or
abolish the whole frame ot Government rs they
please. The sovereign power 10 govern themselves
was i'll the majority and they could not be dlvest-
eI OF tt iDlt. p. 1886. /,
Mr.. But hanan Wed with Mr.. Benton in
vindicating the new State:
''The precedent in th3 case of Tennessee has
completely silenced all opposition in regard 10 the
necessity of previous act Of Congress to enlbl.
the peo Die of Michigan to form Il State ConStitu
ton, 1t now seems to be conceded that sub
appreciation j. equivalent to our previous
action. This can no longer be doubted. We HAVE 8
GULARTTIEs IN THE DE OF FRAMING TIE CoNsrI
TUITION. HAD ANY SUCH D.''--[ibid. p. l04l
'ilc did hope hatby this bill allo5iec!ioas would [
be removed; and that this State, 50 ready 10 rush
into or arms would not be repulsed BECAUSE OF
THE ABSENCE OF SOME FoRNALITIEs WHICH PERHAPS
WERE VERY PROPER, BUr CERTAINLY NOT INDIsPEN5- {
ABLE." / Ibid. p. lUl5.
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 we'll as numbers, on the side of the now
State. Among the yeas were Thomas II
Berton of Missouri, James Buchanan of s
Pennsylvania, Sias Wright Of New York,
w. R. King of Alabama.-<C Gob', :
Vol. Sd, p. 276, lst session 24ih Cong.)- +
Subsequ emily, on motion of Mr. Buchanan,
the two gentlemen sent as Senators by the |,
new State received the regular compensa- :
ton for attendance throughout the very ses-
sion in which their seats had been SO acri q
moniously assaled.-[ Ibid, p. 44S. I,
In the House of Representatives the ap
plicaton was equally successful. The Com d
mittee on tie Judiciary, in an elaborate re- :,
port, reviewed the objections, and, among
other things, said:
That! the people of Michigan have, without
due authority formed a State Government. but
nevertheless, THAT CoNiRESS HAS POWER TO WAIVE v
ANY OBI .CTI0N WHICH MIGHT, on THAT ACCOUNT, EE Z,
ENTERTAINED, to her ratification OF the Constitution
which they have adopted, and to admit their Sena-
tors and Representatives TO take their seats in TIC
Congress of the United States:"-( Exec. Doc, Isl
sess. 9th Cong Vol. ,, No. $50. L
The House sustained this view By vote
of l53 yeas to Is nays. In this large ma >
iority, by which the title of Michigan was =
then recognised, will be found the name of
Franklin Pierce, at that time Representa-
tive from New Hampshire.
But the case was not ended. The hercest Il
trial and the greatest irregularity renamed. ',
The Ac: providing for the admission of the
new State contained a modification OF its !
boun laries. and proceeded to require, as a
condition, that these should "re :,
ceve the assent of Convention of dele
gates, elected by the peop'e of the said :
State, for the sole purpose of giving the as
sent herein required. Statutes at large, '
Vol. 5, p. 80, Act Of June 5th, 1850 Such
a Convention, duly elected under call from
the Legislature, met in pursuance of law, =
and, after consideration, declined to come II
into the Union on the condition proposed.
But the action Of this Convention was not d
salts factory, and in order to ef- :
feet an admission into the Union, another
Convention was called prolesSealy by the
people, in their sovereign capacity, without -"
any authority from State or Territorial Le- ',
gislaiure; nay, sir, according to the laugu- .
age of the present President, against au- :,