The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-23

venon Of Kansas and il is matter OF contract with the
FEDERAL government whether aocedr 20 ID or nos We
may dnsfirm that eontasct- In other words. ID is
pForoataa, and may make counter proposition. Ii
u matter foT consideration for adjustment and 10
branch part OF the consultation Of the State. The
question which have consider rs not the qualifca
ton required in the Kansas constitution for governor
not the mode IN which the elective franchise Is 10 be
ercsed not the provisions in regard 30 banks not the
provisions with regard TO the mode Of taxation These
are all subjects with which have nothing 70 do
They exclusively pertain the people of Kansas This
they haye, through their convention, decided for them
selves - gsd sfNf t.r
There y bat single legal question TO which
tentsun can be directed Is 10 republican fOn OF gov
emment As it respects the numbers requisite entitle
the people Of Kansas to admission into the Union be-
heye it has been called in question Certainly the
senator from Illinois has not called it in question, and
have not heard il called in question BY any other senator
do not understand the senator from Illinois say that
the oonstituou Of Kansas rs not epubiican" On the
contrary, have doubt of the fact that all will smit
IL TO be republican the constitution OF any State in
the United States with the principles Of
pabcnism any constitution that has been pre-
scntcd to the American people II il before in
that shape admitted TO be republican TO have
sufficient population entitle them aimissionad-
itted that the peculiar features of the constitution
questions with which have concern wherefore is II
that the admission Of the State into the Union is be
sisted and opposed For what purpose What reason is
to be assigned Es# aE
The first reason that ia assigned is that there is no
''anablng af Mr.. President there be a want
OF clear understanding Of the relation which the federal
government susains 10 the Territories What SEN
ablng act Is IL 10 impart power the people Of
ferritoryr for we must remember that Territory,
ganized constitutes people. individuals may liye.o
the lands belonging TO the United States and vet not be
apeople They individuals scattered the land
but in technical and appropriate and governmental
whenever they organized into political
munity, they constitute people Kansas is political
community and people What enabling act
required 70 inpart them the power topropose change
in their form of government What enabling act
give them political and inaenable rights than they
already possess 1t would be soierism-a contadic-
ton. Among the inaienable rights 'fic, liberty,
and the pursuit of happiness to which govern
ment instituted deriving their just powers from the
consent of the governed Who are the 'gorgaodr
The people Of Kansas From whom then win the govern
ment of the State Of Kansas derive its just powers From
the sgoo,rsaa and not from your enabling act Their
power inherent and all the action of the federal govern
ment give them additional political power That
inherent power incapable Of transfer it nchangea
bic il is indeieasibe it is original What then Does
il follow that the people in organized unorganised
shape, living in Territory, set up independent
government when they please No; answer most en-
phatcally, They may propose their form of gov
ernment they may shape its features they may parcel
out its powers; they may guard the rights and interests
of the people under the newly popus government but
they become absolute sovereignty they cannot
become an absolute independent State. Whyi because
the Territory belongs TO the federal government for the
OF all the States Nothing but the assent OF the fed
eral government in manner shape, or form, will
ever lmpart them Independence
only purpose Of senatllg act to organized Terri
tory ought simply to be iaso Of AsESr II it is but
aorga-oi Territory and not people, Congress then
ought 10 throw them into organic shape, as we'll as
give s assent This will be- found to be the true prinri
pe and ought to be the rule 10 regulate the steps of this
government in its dealings with the Territories States
into the Union by their viii, and with the
sent of the United States. aW si.&
All the power of the federal government cannot create
independent sovereign State The power of this fed
eral government not 10 create, but to admit To lad
nit State implies its existence prior to admission.
Thus what il ordinarily callci an 'enabing act
is all intents and purposes nothing hut Sr Of
The great federal government in which is vested the
sovereignty of the Territory, may give that asse before
or after the organization Of the government
is perfectly optional with the federal government to
give il before after such organization with this single
difference when that assent is in the shape OF what is
now called an enabling act, and when the people Of
the Territory have proceeded according 10 the principles
of that enabling act and created government the
sent being given, the whole sovereignty becomes vested
the independent State Exists, and then Congress do not
admit it, it is a foreign State in spite Of all powers.
The danger therefore, is in passing enabling act not
in Withholding gsg 81. srat-
Who is it that does not remember the unfortunate Mis-
souri controversy Of 1920 An enablng act, " lat
tcy called had passed for the State of Missouri in
pursuance of which Missouri formed its constitution and
asked for admission Some qnibbes raised and
non-esentia points alleged against its admission
and Missouri well-ngh rejected All the republican
senator's and members OF the House of Representatives at
TINT day Use the term in its old sgnifcaton not the
newaid ''the assent OF the federal government has
been given 10 the act of Missouri Missouri had created
its government in pursuance OF enabling act and
therefore sovereign and independent and Congress Ind
admitted Missouri that State would have been le
glIy recognised foreign government the west bank OF
the Mississippi river Z ~
Il true that the physical power Of the federal govern
ment might have sent armies and coerced Missouri into
submission, but that would have converted it into sub
iugatcd State Missouri would not have been in that
free and independent State IL would have made it
.s,.4a~ H..
nate member OF the confedcacy According to the true
principles of the theory of our government whenever
grcssonaI sovereignty and independence
ceed, the people of Territory may act they please
and IL is independent State thereafter Now. when
sent not given prior the time of admission there
danger Of that kind of difficulty a.4# Hsa&
But, Mr. President, is it important that g en-
eHg act should be passed The senator thinks So and
refers TO instances when such acts passed Why,
sir Tennessee Arkansas Michigan, Florida Iowa Calf
fornia Maine and Vermont, eight States States
not in the original confederacycame into the Union
without any enabling act the part OF Congress- Was
Tennessee improperly admitted IL recommended
by George Washington. The proceedings that in
stituted under Gov Blount the then Territory of Ten
nessee met the sanction Of the republicans that State
Among the members cf the convention that reyolu-
tionsEy-nc. the senator does not give il that
that vTqguiar convention rs found the name of An
drew Jackson, of Tennessee. He of that ir-
regular convention !; and that irregular convention,
formed in part Of Gen Jackson made a constitution
which was never submitted the people but was sent
mn d, Gen Washington then President Of the United
States and here the letter that he nt to Congress
the time he submitted the constitution of Tennessee for
their consideration IL viii be seen that y harmonizes