Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-03-31
SPEECH OF HON. ]. II. HAMMOND,
OF SOUTH CAROLINA,
ON THE
ADMISSION OF KANSAS,
UNDER THE
LECOMPTON CONSTITUTION.

/ L u
Mr.. President: In the debate which oc.
CURED in the early part of the last month";
| understood the Senator from Illinois
Mr.. Douglas 10 say that the question ol
the reception of the Lecompton Constitu-
fion was narrowed down 10 single point
That point was, whether that constitution
embodied the will of the people of Kan
sas. Am correct!
Mr. Douglas. The Senator is correct,
with this qualification: could waive the
irregularity and agree 10 the reception OF
Kansas into the Union under the Lecomp-
ton Constitution, provided / was satisfied
that il was the act and deed of that people,
and embodied their will. There are
other objections; but the others could
overcome, if this point were disposed of.
Mr.. Hammond. ! SO understood the
Senator. | understood that if he could
be satisfied that this constitution embod-
led the will of the people of Kansas, all
other defects and Irregularities could be
cured by the act of Congress, and that he
himself would be willing 10 permit such
an act to be passed.
Now, sir, the only questinn is, how is
that will TO be ascertained? And upon
that point, and tha: only, we shall differ.
In my opinion, the will of the people of
Kansas is to be sought in the act of her
lawful convention elected 10 form a con-
stitulion, and nowhere else; and that it is
unconstitutional and dangerous 10 seek ii
elsewhere. think that the Senator fell
into fundamental error in his report dis
senting from the repott of the majority of
the Territorial Committee, when he said
that the convention which framed this
constitution was ''the creature of the Ter
ritorial Legislature" and from that error
has probably arisen all his subsequent
errors on this subject. How can it be
possible that convention should be the
creature Of Territorial Legislature2-
The convention was an assembly of the
people in their highest sovereign capacity,
about TO perform their highest possible
act of sovereignty. The Territorial Leg
islalure is a mere provisional government;
petty corporation, appointed and paid
by the Congress of the United States,
without particle of sovereign power
Shall that interfere with the sovereignty
-inchoate, but still a sovereighty?-
Why, Congress cannot interfere; Con-
gress cannot confer on The Territorial
Legislature the power to interfere. Con-
gress is not sovereign. Congress has
sovereign powers, but no sovereignty.-
Congress has no power 10 act outside of
the limitations of the Constitution; no
right 10 carry into effect The supreme will
of any people; and, therefore, Congress
is notsovereign. Nor does Congress hold
the sovereignty Of Kansas. The sover-
eighty of Kansas resides, if it resides any,
where, with the sovereign States OF the
Union. They have conferred upon Con-
gress, among other powers, the authori-
ty of administering such sovereignty TO
their satisfaction. They have given
Congress the power to make needful rules
and regulations regarding the Territories,
and they have given Congress power 10
admit State--'adnit, % not create. Un-
der these two powers, Congress may first
establish provisional territorial govern
ment merely for municipal purposes
and when a State has grown into right
ful sovereignty, when that sovereignty
which has been KEEP, in obeyance de-
mandS recognition, when a community is
formed there, social compact created,
sovereignty born, as il were, upon the soil,
then Congress is gifted with The power to
acknowledge it, and the Legislature. on.
ly by mere usage, sometimes neglected,
assists at the birth of it by passing pre-
cedent resolution assembling conven-
tion. @
But when that convention assemblies 10
form a constitution, it assemblies in the
highest known capacity of a people, and
has no superior in this Government but
a State sovereignty; or rather the Stale
sovereignties of ali the States alone can
do anything with the act of that conven-
ton. Then if that convention was law
full, if there can be no objection to the
convention itself, there can be no objec-
tion to the action of the convention; and
there is no power on earth that has right
TO inquire, outside of It's acts, whether the
represented the will of the
people of Kansas or not, for convention
of the people is, according to the theory
of our Government, for all the purposes
for which the people elected it, THE PEo-
PIE, bona .fde, being the only way in
which all the people can assemble and
act together. do not doubt that there
might be some cases of such gross and
palpable frauds committed in the forma
ton of convention, as might authorize
Congress 10 investigate them. but | can
scarcely conceive of any. And when
State knocks at the door for admission,
Congress can wiki propriety do little
more than inquire il her constitution is
republican. That it embodies the will of
her people must necessarily be taken for
granted, if il is their lawfnl act. am
Of course, that her boundaries
are settled and her population sufficient.
If what | have said be correct, then
the will of the people of Kansas is 10 be
found in the action of her constitutional
Il is immaterial whether il I
is the will of e majority of the people of
Kansas nov, or not. The convention
was, or might have been, elected by a
of the people of Kansas. A con
vention elected in April may well frame
a constitution that would not be agreeable
to majority of The people of new
State, rapidly filling up, in the succeed |
ing January, and if Legislatures are to
be allowed TO put to vo!e the acts of a
and have them annulled by |
i subsequent influx of immigrants, there
IS no finality. If you were TO send back
he Lecompton constitution, and another