The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-24
DEBATE IN THE SENATE.
IoosrsrKD TnoN rEsrrHpAr
THE PRESIDENTS MESSAGE.


wEesspAY, DEcE,fsEn I6 1851
n r,,, the conclusion of Mr. GsEEs's remarks, Mr.
u W, ~ of PennsyIvania, obtained the floor
Il n DOUGLAS trust shall be permitted to say
u !. TdIrR shall most cheerfally yield tho floor
u . a, senator from Illinois after very few remarks
A y Lt 4 10 take the hooT-not 10 speak to day but
n ~, he postponement OF the subject until Monday
a . some other senator desires TO speak tomorrow.
Al NJ DOUGLAS viii make the motion in the sena-
q = ,,me With that understanding
n NJ, BIGLER That is satisfactory.
n NJ DOUGLAS Mr.. President have listened to the
n,tr nom Missouri Mr.. GRKS] with unicigned pleas
H. There has been fairness in his tone and in his
ue Of argument which shows that he has been agreeing
H. his CONVICTIONS, with the view OF stating what he
ives to be the true, sound aspect of this question
III . gadfying to 10 hear the subject discussed in
ia. piit and tone before the senate but do the SEN
tt Justice when say that he has presented the ques-
Hsu With marked ability and eleaInes; and an, in
-, n think that the best view Of the subject has
n presented to-day which we shall have from the SEN
~ ,rs side, @ M
oud not utter word but for the fact that the SEN
br has misapprehended my meaning and my position
one or two points, and deem it due To myself to
H. nv views on those points in order that he, the
uste and the country may what the true position
N acluit him of any intention to misstate there was
Man, nisconception. This may have been oocssioned
I'm nv own fault spoke rapidly, without preparation
had no opportunity revise the report OF my speech
have assumed it to be fatal objection to the admission
I'm State into this Union that there enabling
Nh giving the consent Of Congress in advance the for
Of a constitution, took such position.
The senator is also mistaken in supposing that took
Ma ground that it fatal objection that the consttu
n was submitted to the people before being sent TO
Hwgress for acceptance did not that position
qy ground this the regular mode OF proceeding is
an enabling act and if the territorial Legislature pro-
I TO call convention without frat having the assent of
hat
Beary follows their constitution cannot be accept
fjr argued and cited the opinion of the Attorney Gen
val in the Arkansas case, 10 show that although con
on called by territorial legislature without the pre-
nous assent Of Congress irregular yet it not an
IA Unlawful assembage, but was body of men having
ght to petition under the constitution of the United
ats and that having been assembled in convention
force ought TO be given to the mode of assemblage
but that was not constitutional body, authorized to
institute government In other words contended that
convention constituted in obedience to enabling act
Congress previously giving assent is constitutional
U Of men, with power and authority to institute gov
eminent; but that convention assembled under act
the territorial legislature without the assent of Con-
m previously given has authority to institute gov
Umcnt II has power to petition; it may put its petit
Mn the form of constitution; and when it comes
ere at liberty to accept reject that petition.
n This my position in regard to the effect of en-
shhg act. then went on to show that, there having
R no enabling act passed for Kansas the Lecompton
NTention irregular argued that it not an
unlawful assemblage but might present petition to
the shape of constitution, which should be at lib
IT accept reject, pleased. 1t WAS conven-
bon authorized to petition but not to establish or insti
fue gDyer1ment Gtsf #sE
vas aware that in the history of this Government
States had been admitted without the passage
fm enabling act by Congress in the first instance
must be permitted, however, to spoil the effect of
~ Of the senator those upon which he dwet
fth the greatest pleasure and most satisfaction to him
kf He tells us there was no enabling act for Michigan
II the senator viii look back into the history of Mich-
&An he will find that the authority existed under the old
Ordinance Of 1887 That ordinance, which was the or
kEe act OF Miehiuan nroyiefI that the North Ter
Avrv should he divided into not hess than three nor
nue than five States and each az those states was by
ordinance authorized to be formed and admitted into
he Union when il should have sixty thousand inhaI-
ants Thus an enabling act was Incorporated into the
unanee Of IIs7 for the live northwestern States This
the reason hy II w, NOT NECESSARY that there should
an enabling act for Michigan. nor for Ohio nor for In
Aua, nor Tor Illinois nor for WISCONSIN.
i Next with regard to Tennessee The senator quotes
names Of Washington and Jackson names that raise
thrill of patriotic feeling in the bosom of every Amer
when they are mentioned and to whose example we
bOud Of course Weld the tribute OF our APPRECIATION
How was it with Tennessee The senator saws il was the
nj new State admitted without an enabling act Ten
4eee when ct,t OF from, North carolina and fp,ed into
Territory known as the southwestem Territorv was or
aud into 4 territorial government bv an act ,f Con
HN which extended 4, h all the prnyiious of the ,ri
ne of 1857 except the slavery clause Thus the fer
l organic act of Tennessee contained within itsel
ing act declaring that the peopIe Of Tennessee shonld
e authority to form constitution and state govern
whenever the Territory should have sixty tbouspad
abitants Being thus authorized the Legislature of
Ahessee took steps to find out when they had the Sixtv
Ousand inhaltants When they ascertained that fact
census they called convention to form a consttu
Dr. When they anplied n Congrass sr iy;ssi,,,
6ent Washington IN that beautiful letter which the
ato read referred 10 the fact thai in the act orpanz