The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-24


admission into the Union State 1t shall be submitted
to all the white male inhabitants Of this Territory APP
prova on dlsappoyal, as follows "
1t then goes give the form Of the vote Constitution
with slavery constitution with slavery; but be-
fore it can be sent to Congress the schedule says it shall
be submitted for approval disappfova Can il be
said IN the face of this language that the convention
pdecared the constitution force without submitting il
the people Can ii be said that the constitution can
ever take effect unless ratified by vote Of the people
II can understand the plain meaning Of language, |
which appears to be unequivo il is not susceptible of
doubt that the constitution is referred to the people for
acceptance rejection and that whatever validity vi
taty it Is to have will be received from the peoples rat
ihcaton If am right in this position, it brings me
back to the old point that the submission such not
to give opportunity for fair vote the slavery or
any other question.
leone next to the position which assumed with ref
to the submission OF constitution for ratification
did not contend that constitution might not under
any circumstances, be put In operation unless submitted
to the people for ratification said BEFORE and say
now that the constitution must be the act and deed Of
the people Of Kansas it must imbody the will of the
people of Kansas constitution should be received by
Congress and none fairly be considered republican,
which does not mbody the viii of the people who to
be governed by it, and not formed by their act Having
assumed essential fundamental principle, that the
constitution must mbody the viii Of the people, the next
question is what is the best and most appropriate mode
of ascertaning that VIII Upon that point with
the President of the United States in his message that the
best mode is to refer il to the people for their acceptance
rejection by fair vote The principle being that 1t
shall mbody the viii Of the people, its submission TO
popular vote is only Of ascertining fact which
namely that ii imbodes the will OF the people
gives it vitality and makes appropriate constitution
regard the argument OF the President of the United
States in favor of that mode of ascertanng the peoples
will conclusive The President argument ID, that del
eates represent districts and majority of the delegates
may represent minority of the people in consequence
Of some being elected by large majoes and others by
small maorities hence the President says delegate
election is fair test but you must refer it to vote
of the whole people IN order to ascertain the vital the
fundamental the cardinal point whether not the
stituton Is the Embodiment of the will Of the people
advocate submission means of ascertaning an end
not principle do not say that there could be no
possible in which would not accept constitution
without its having been thus submitted Suppose, for
instance constitution had been formed by delegates
aud there not against it, not protest. not
the slightest to believe that anybody dissented
from it, and the only question in dispute was the su
cheney Of the population, not certain but that
should waive the eguarity and take il for granted that
such constitution did mbody the will Of the people II
should accept on such terms, it would be because
there satisfactory evidence that the will OF the
people That will mboed in the constitution Is the car
dna principle which s should be, sae qua non in
the establishment of governments for the admission OF
new State. I saaE 81 aa lt s4
This is the point Of difference the senator from
Missouri and myself As he evidently msoonceived my
meaning the matters 30 which have referred, il has
seemed to me to be due to him to restate my views
peciay as he has treated the subject with candor and
courtesy that deserve be followed and initiated Ger
tanly they will leave their impression ON me IN con-
ducting discussions with him. / shall endeayor TO
profit by the example he has set this day in the mode OF
debate aH
Mr.. GREEN. / am somewhat surprised at the position
taken by the honorable senator from Illinois, He under
takes prove that the State of Michigan was authorized
to form constitution by enabling act, and tiis by
process of reasoning which had not expected from him.
He undertakes to prove it by the ordinance of 1857,
which contained provision that the Territory should be
divided into not less than three and not more than five
States So far as this division concerned he is well
aware of the fact thnt it has been violated The terri
tory made into than five States but does the or
dinnce give authority TO the people OF Territory to
form constitution Does it convey from Congress to
the people authority to create government He says
yes Congress did not consider when they passed an
enabling for Ohio Congress did not consider when
they passed an enabling act for Indiana Congress did
not so consider when they passed enabling act for IL
nois the gentleman State -Four out of the five
States in the Northwest Territory formed their consttu
tons only after enabling acts had been passed by Con-
I gress. w
But propose to show that if that process of reasoning
be submitted prove the existence of enabling power
to State government for Michigan, it exists in
Kansas all the perfection it possessed in Mchi
gan There saws the senator enabling act in the
Michigan because the ordinance of 1857 said the
people when they numbered sixty thousand should be
| entitled to form State government Now the Louis
lana treaty by which the United States acquired Kansas
contains similar provisions, and the law of Congress,
passed to give effect that treaty when the United States
took possession of the territory, contains an express sp-
uation to that effect The opinion Of the Attorney Gen
eral relation to Arkansas which the senator read IS
| ms follows:
'.The treaty by which Louisiana ceded to the Uni
ted States though undoubtedly for many important pnr
poses part Of the supreme law must therefore be laid
OF the present question IL is true that the third
tcle imposes ON the United States. a nation the duty
incorporating the inhabitants Of the ceed territory in
the Union the United States and of admitting them
possible according to the principles OF the
federal constitution TO the enjoyment Of all the rights,
States and in the time they TO be maintained
and protected ia the enjoyment OF their liberty prop