The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-05-20
SPEECH OF HON. JOHN A. BINGHAM,
On the Conference Bill for the Admission of Kansas
DELIVERED
In the House Of Representatives., april %, 1853

In the House Of Representatives, april %, 1853.
The House having under consideration the
report Of the Conference Com mittee on Senate
bill No. l6, for the admission of the State of
Kansas into the Union
Mr.. BINGHAM said:
Mr.. SPEAKER: ] congratulate the country
that tie distinguished gentleman from Georgia
Mr.. STEPHENS has seen fit on this day to ac.
knowledge what he has heretofore, during the
last and present Congress, steadily and persist.
emily denied, that the position of those with
whom l have the honor to act on this floor aud
elsewhere, in regard TO the power of Congress
over the several Territories during the whole
time in which they continue to he Territories
and up to the very moment of their transition
from Territory to State, is the true position
under the Constitution of the United States.
and one to be recognised and legitimately on
forced by Congressional legislation.
The gentleman from Georgia predicsted his
reply to the distinguished and learned gentle
man from Maryland, Mr.. DAVIS, among other
things, upon the ground that the Congress of
the United States had heretofore dictated TO the
people of Louisiana conditions precedent to
their admission into the L MON az {, State. |
desire, inasmuch as the gentleman from Geor-
gia made special reference to the Louisiana
enabling act, to call the attention of the House
ard OF the country to its provisions, fer the
purpose of showing that it goes as far as any
man on this side of the House has ever yentur.
ed to go in respect to the authority of Congress
over the Territories, and its power to impose
restrictions upon the admission of new States
INTO the Union.
Admit that the act Of Congress, passed in
1871, to authorize the people of Louisiana to
form State Constitution and Government, and
10 provide fer their admission into the Union.
was just AID constitutional enactment and
you admit all that We ask, all that any man can
ask, upon which to predicate an argument
against the proposition submitted to this House
by tie committee of conference, appointed
through it, and in favor of the power of Con
gress not only TO reject that bill, but to reject
the Lecompton Constitution under any and all
conceivable circumstances.
DO not know, nor do care, whether the
honorable gentleman from Georgia assumed
ard asserted the validity Of the Louisiana act
merely for the occasion, or not thank him
Tor bus concession that that act was q precedent
winch he might with propriety quote here
against the argument of the gentleman from
Maryland SIR, if the gentleman's admission
and assumption be right, if that statute be
valid, 1t totally sweeps away the dogma of the
sovereignty OF new States in the formation Of
Constitutions preparatory to admission. against
the expressed viii of the whole people Of the
United States, as set forth by their Represent.
atives IN Congress assembled. The admission
OF the authority of Congress to impose upon
new States the restrictions of that statute con
| cedes the right of Congress to reject any new
ate until 1t shall have adopted Constitution,
I OF Npfr - = -
| The Constitution of the United States, and also
IN conformity with such conditions precedent
AS Congress may deem Just and proper to be
imposed. quote from that statute as follows
SIC. 2. AHd be IL further enacted, That al
free white male citizens of the L nited States,
VINO shall have arrived at the age of twenty
one years, and resided within the said Terrific
~ at least one year previous to the day OF
election, ana shsll have paid territorial,
county, district, or parish tax and all persons
haVing IN other respects the legal qualifica
uons 10 vote for representatives in the Gen
eral Assembly of the said Territory, be, and
they are hereby, au;horizs I'd to choose repre-
sentanves to form a Convention, who shall be
apportoned among the several counties, dis
ulots, and parishes, within the said Territory
OF Orleans, in such manner IS the Legislature
OF he said Territory shall by law direct. The
number OF representatives shall not exceed
sixty; and the elections for the representa-
uyes aforesaid shall take place on the third
Monday IN September next, and shall be cor.
Quoted IN the same manner as is now provided
d Inc laws OF the said Territory for eIeeting
members lor the House of Representatives.
"SEc. 3. And be IL further enacted. That
the members of the Convention. when dplv
elected, be, and they are hereby, anthorizs3
to meet at the city Of New Orleans. on IT,,
FIRST Monday of November next, which Coz.
venticn, when met, shall first determine. by a
majority Of the whole number elected, whet5er
it be expedient or not, st that time, to form q
Constitution and State Government for the
people within the said Territory; and If it b.
determined to be expsdient, then the Conven
lion shall in like manner declare, in behalf c
the people of the said Territory, that it adopts
] The Constitution Of the United States where