The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-03-18
BY DAVIS g. CREWS.
SPEECH OF HON. J. H. HAMMOND,
Of SOUTH CAROLINA,

A"cH i, 1906.
The Bill for the admission Of Kansas into
the Union being under consideration, Mr..
Hammond addressed the Senate as follows ::
Mr.. Presidcnt-In the debate which oc-
Cured here i'll the early part of the last
3 month, [ understood the Senator from H.
linois, Mr.. Douglas, to say that the ques-
ton of the reception of the Lecompton con-
sttution was narrowed down to Il single
point. That point was, whether that con-
sttuticn en- odied the will of the people
of Kansas. Am corrects
MIR. Douglas. The Senator is correct,
with this qualification: could waive the
arrcgularty and agree to the reception Of
hansas into the Union under the Lccomp-
ton constitution, provided was satisfied,
that it was the act and deed of that people,
and embodied their will. There are other
objections but the others | could over
come, if this point were disposed of.
MIR. Hammond. | so understood the
Senator. | understood that if he could DC
satisfied that this constitution embodied the
will of the people of kansas all other de-
tccts and irregularities would bc cured by
the act of Congress, aud ,ha, he himself
would be willing to permit such IN act to
bc passed.
Now, sir, the only question with him is,
how is that will to he a>ccrtaincl! and
upon that point, and that alone, it is prob.
able we shall differ. | think the Senator
fell INTO Fundamental error i'll his report
dissenting from the report of the majority
of the territorial committee, IN saying thai,
the convention which framed this con>tu-
ton WAS Il creature Of the Territorial Leg
islaturc; aud from that error has probably
arisen all his Suh>r1u-n, errors on This sub,
Ject. How can it lac pn><iblc that the con
vcnlon >l"nil BE- Il creature Of Il territorial
Leg Gltum? The convention WIS iii rs
sem! the people: in their highest SOY
ere; 'i'"'ity, about l." perform their
highest p">>ihc acl Of sovereignty The
Territorial Legislature is a mere provisional
g"vcr''ncn,--a petty corporation, appoint
ed and W'id 10y tho the Congress of the
United States, without particle Of soy
criyn power; and yet, shall that interfere
with ovcrciynty-inchoa,c but still a
sovereignty? Why, sir, Congress cannot
interfere; Congress cannot confer ON the
Territorial Legislature the power to inter
ferc. Congress is not sovereign. Congress
has sovereign powers, but 10 sovereignty.
Congress has no power to act outside OF the
limitations Of the Constitution; no riuht to
carry into effect the supreme will Of any
people If it has not been expressed in their
constitution; and, therefore, Congress is not
sovereign.
Nor does Congress hold the sovereignty
Of Kansas. The sovereignty of Kansas re-
sides, if it resides anywhere, with the SOW
erign States OF this Union. They have
conferred upon Congress, among other
powers, the authority Of administering their
sovereignty to their satisfaction. They
have given Congress the power to make
necdful rules and regulations regarding the
Territory; and they have given Congress
power to admit State. Under these two
sovereign powers, Congress may first estab-
lish provisional territorial government
merely for municipal purposes and when
State has grown into sovereignty, when
that sovereignty which has been kept in
:asbeyance demands recognition, when a
community is formed there, social com
pact created, sovereignty born as il were
upon the soil, then Congress is gifted with
the power to acknowledge that sovereignty :;
ana the Legislature, only by mere usage,
oftentimes neglected, assists at the birth of
by passing a precedent resolution assemb-
ling Il convention.
But, sir, when that Convention assem-
blcs to form Constitution, it assemblies in
the highest known capacity Of Il people, and
has no superior in this Government but 4
State sovereignty; or rather the State SOW
ereignties Of ALL the States alone can do
anything with the act Of that Convention.
Then, if that Convention was lawful, if
there is no objection to he Convention it.
self, there can be no objection to the action
OF the Convention; and thcrc'is no power
on earth that has right to inquire whether
the Convention represented the will of the
people of Kansas or not. l do not doubt
that there might he some cases of such
gross and paIpable frauds committed in the
formation of Convention, as might all.
thorize Congress to investigate them, but
but can scarcely conceive Of any; and
do not think that Congress has any other
,ower, when State knocks at the door for
admission, but to inquire if her Constitu.
ton is republican,: se,
IF wl,at1 have said is correct. then the