Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-04-09

no more slave States" that would afford a
pretext with which the South ight with some
reason, and with some assurance of the ap-
proval of the civilized world and of posterity.
seek to dissolve the Union. | know that it is
supposed by some that the day will come when
the North, in the arrogance of its power, will
furnish just such pretext as have indicated:
and the Senator from Georgia and others have
argued this question on the ground that it will
come; but must see it come before | will
calculate the value of this Union. trust that
day will never come. / do not believe it will
come If the South is wise and true to itself. /
would not have the South truckle or surren-
der any of their rights. l would not have
them yield one iot or title of their rights: but
L would have them make no questionable is
sues in advance, stir up no strife upon unnec-
essary abstract questions, having no practical
value; but to do always what is just and right
upon all questions. When people or a Ter
rtory applies for admission into the Union
under constitution fairly formed. with the
assent of the people excluding slavery, |
would admit it promptly; and when an APP
plication comes, on the other hand, from the
people of a Territory who have fairly formed a
constitution recognizing slavery, would in
sist upon its admission as a slave State. If
the North should not agree to this. it would
then be time enough to consider of the proper
remedy. But / would make no such issue
with the North now, and before any occasion
! for it has arisen; and / regret most sincerely
! to hear any Senator from the North suggest
! ing that such an issue will ever be rendered
, from that quarter.
J / have been led to make these remarks alto
, gether out of the course of argument had in
/; tended to pursue, by reason of the unexpected
| speech of the Senator from Georgia on this
1 question; his extraordinary statements and
| avowals, both as to doctrine and matters of
| fact. have felt it necessary, at the outset of
my remarks, to meet some of them.
I Now, Mr.. President, unless this is to be the
I Inauguration of sort of saturnalia of princi-
pie; unless, from this time forth there is moth
! ing to be considered as established or perma-
| nent in this country; unless all the old land
marks are to be removed; unless the waters
! are to be let out, and all the highways are to
! be broken up, it would be an easy matter
| the most easy task in the world-to demon
! strate that, according to all sound principles,
there is at this time no application before Con-
: gress, with the assent OF the people of Kansas,
for admission into the Union a State. | do
not know whether other Senators have thought
! of the question i'll that aspect or not.
! What is the true doctrine on this subject? /
: had supposed that there could be no disagree
ment as to the true principles connected with
the rights and powers of the people in forming
a State constitution; but since | have heard
the speech of the Senator from Georgia, do
not know what principle he agrees to. say
that III no disrespGct; but | thought he
particularly wild, shooting erra tiaMla1a1atia
mCeHia HlGndi, on those high points of doctrine
which he, in some parts of his speech thought
. proper to enunciate. Does any person here
deny the proposition, that the people of Ter
ritory, in the formation of a State constitu-
ton, are to that eXtent-qlfOdd hOc-S0vereign
! and uncomfortable. though still owing ODE
dience to the provisional government of the
Territory? VIII any Senator contend that
the Territorial Legislature can either give to
the people any power over that subject which
they did not possess before, or withhold from
them any which they did possess The Terrific
rial Legislature cannot dictate any one provis-
ion of the constitution which the people think
proper to form. Who is pr pared to contend
that Congress can do anything more in this
respect than Territorial Legislature? 1t is
usual for the Territorial Legislature when the
people desire to apply for admission into the
Union in the absence of an enabling act ofCOn-
grcss, to pass a law providing for the assem-
bling of acOnventiOn to form State consttu-
ton. But that's a mere usage, resOrted to when
Congress has not thought proper to pass what's
called an enabling act. What is an enabling
act? Nothing more than to signify to the
people of a Territory that if they shall think
proper to meet in convention and form State
constitution, in compliance with certain forms
of the peoples will, Congress is prepared to
admit them into the Union as State.
But such an act gives no more power to the
people over the subject of constitution than
an act of a Territorial Legislature. But sup
pose the people, either under an act of the
Territorial Legislature or of Congress- meet in
convention, by delegates chosen by the people,
and form constitution; what then? Has it
any vitality as a constitution? Does it trans
Il. ENt..N, 4 -
binding force or effect either upon individuals
or upoa the community? Nobody pretends
that it has any such force. 1t is only after the
acceptance of the constitution, and the admis-
sion of the Territory into the Union as State,
that there is any vigOr or validity in i con-
stituton so formed. Before that time. it is
worth no more than the parchment on which
its provisions are written, so far as any legal
or constitutional validity is concerned.
But, upon principle, the people of Terri
tory, without any act of the Territorial Leg
islaturc, without an enabling act of Congress,
can hold public meetings and elect delegates
to meet in convention for the purpose of form
ing constitution; and, when formed, it has
all the essential attributes of valid cOnstitu-
ton as one formed in any other way. Many
Senators contend that it is the inalienable and
indefeasible right of the people of a State at
all times to change their constitution in any
y
not admit, in regard to the people of State;
but in reference to the formation of consti-
tuition by the people of a Territory, there can
he no question as to the soundness of this doc
trine. They can form a constitution by dele
gates voluntarily chosen and sent to "a con-
vcution. but what is it worth when it is form
cd? Nothing at all, until Congress shall ac-
cppt it and admit the Territory into the Union
as State under that constitution. 1t is
worth no more in that case than in the case of
a constitution formed under "A territorial act,
or an act of Congress; but it is worth just as
much.
The honorable Senator from Georgia says
that the special message of the President on
this subject will stand n lasting monument
OF his patriotism, bolduess, and adherence to
the high principles of constitutional justice
and right. | say that according To the doc
trine of that message, the people of a Terri
tory have the right ut any time to meet youn-
tarily in convention, in mass or by delegates,
aud to form u constitution; aud when so
formed, that, in virtue of the same powers of
sovereignty over the subject. they can alter
or change il, OF form new constitution, at
any time before Congress shall have admitted
them into the Union as a State, under the con-
stitution as first formed and adopted in con-
vention.
| know that the honorable Senator's argu-
ment upon this point was so mixed up with
quaillcalons-Such rs tnat thls act OF soVer-
eighty must be exercised in regular form-that
| cannot assert that he has admitted the prin-
ciple have laid down; but Others have. All
agree that no constitution formed by the pcO-
pie OF n Territory, whether formed in one way
or another, has any validity or binding force.
until the admission of the Territory into the
Union as n State under it. Then, according To
the admitted principle that the people of "A
Territory have right to form State consti-
I'M Will or vii an Of
Congress, or with or without any act of the |
Territorial Legislature, where Is the imita- |
ton or restriction upon the power of the peo- |
pie of Kansas 10 change or wholly set aside !