Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-05-18

: quiry. Ii there be, a. the gentleman h.aIse'
| only forty thousand people in Kansas, that is the
reason why the ALTERNATIVES consent was not given.
We have acquitted ourselves oil oar obligations 10
kansGs. by agreeing To admit her upon the eppica'
ton which she made at our own instance. II she re-
l7cts that, then We have the right to say ihat she
shall not come into the UnioI except upon such ttrme'
just and reasonable, as are prescribed by ourselves
These terms have no sort of reference to Inc e"a'
racter of the institutions OF Kansas. we ne'o
nothing 10 do with any particular form o! Constltu'
ton for Kansas.
Sir, [ will tell gentlemen that Congress cannot
prevent them from having such a Constitution as
they choose. Congress has no right to Jaci.e OF
the Constitution of Kansas. II is not one ei the
functions of Congress to approve or disapprovea
State Constitution. Gentlemen have talked here'
IN loose phrsseology, about Kansas coming IN un
der the Lecompton Constitution or not coming ~
under it. l will tell gentlemen that the power OF
Congress is simply 10 admit a State. lhey nave
no control over a Constitution. | will go iur'
Their, and say that it ia not a part OF the business
of Congress, nor is it the right OF Congress- N us
collective or corporate capacity, 10 know what Con.
~stitution is the Constitution of the people OF Kansas.
l have sometimes been at a loss 10 know what
was the origin of this prevalent error, that the
Constitution OF a State applying Tor admission '.o
tho Union, must be submitted to Congress lot
its approval and ratification. l have said ina, the
power of Congress was to admit new States. VIVA.
power is it that adopts a State Conattutionf II
ia the State itself. The people OF a Stale MAKE d
Constitution for a State; and if the people OF q
State make a Constitution for a State, then you
have the idea of a State without a constitution. Inc
constitution is the work of the State it Is the result OF
the act of a State. lift is the result OF the act OF a
State, then the State must exist before its constitution.
There may be, therefore, a State without a constitu'
ton. The power of Congress ia to admit new Sls'esi
aud | would like TO know how you can limit ano mar
row that power TO The admission Of a State having =
constitution
Gentlemen say that III is the duty of Congress to see
that the constitution Of a State ia republican,, and they
Seem TO have arrived at that conclusion from the mis-
49, .Ia,. - tha 80 ian trhtrh
declares that the United States shall guaranty to each
and every State a republican form OF governmeA =
To show the fallacy Of that idea, permit me to snegest
that the clause of the Constitution is, that "tha United
States shall guaranty to each and every State Each
old State az we'll as new. The reference to leach and
every State proves that the clause has no appllca.
ton, except to States already in the Union. Instead
OF giving that clause exclusive application to Terrific.
rjes applying for admission, j say II has no appllca-
lion at all to anything but existing States. 1t is a
guarantee TO the States of the Union.
The object OF the guarantee is manifest. 1t was q
pledge of the faith of each and all the States TO one
another that they would protect each other, and pre-.
ven, any usurper from over;hrowing the liberties OF
the peopls of any State. The expression Is, that the
United States shall guaranty" The word was well
chosen. 1t was not that the STATES shall confer upon
sny State what it has not already, but that We shall
defend, protect, secure it in what il now has. This Is
The impor, of the word guaranty" and this was the
object of that clause of the Constitution.
Sir, if it be true that that clause in the Constitution
OUlEe5 CUUBTtSs " iUNullC cNb l"o
of q State applying for admission ia Republican, it
would follow, as d matter of course, that nm old State
could never change her Constitution, without being
under the necessity OF having II revised by Congress-;
for the provision applies to all the States. l admit
that We may look into the Constitution Of any Stats
which desires admission into the Union. But TO what
end do We look into the Constitution OF a new State I
Because Congress-, in the exercise OF a CONSTITUTIONAL
power, has the right to approve or reject Its Constltu-
toni No, cir; but only that tile members OF Con
gress. the individuals holding seats in Congress may
inspect the Constitution Of u State, as they may In
spsct auy public document, any book, any ne"spa. er,
for the purpose of finding evidence OF what may -
the sentiments and character Of n people desiring
admission. Usually, the Constitution .. a State is
very good evidence Of those ointment 1t ~ pre-
.umed that the will of the people Is reflected by 1t,
and we NAV generally refer with confidence TO q Con
s,itution to ascertain what their views are up J the
subjects embraced in their fundamental law. Br:it
is only az evidence, that we look into ii.
This does not imply that Congress has the right
10 approve or disapprove a Constitution, but only
that members may read it for their own individa
nj satisfaction; may consult the Constitution, as
they may a newspaper, as they may n dictionary,
for the purpose of Informing their own minds upon the
subjects referred TO in the constitution. 1t IS only to
that extent that Congress has any business with any
constitution of any State. Therefore | object to the
language 30 frequently employed, that Congress ls at
tempting to ratity the Lecompton constitution, or IL
attempting 10 force the Lscompton constitution upon
the people OF Kansas. Congress ID doing nothing oil
the sort. Congress can only admit a State. The con.
stitution is the work of the people of that State. And
an far from it being true that Kansas is to come into the
Union, wih the LecompiOn constitution, l tell you
that the constitution Of Kansas IS almost the only
thing in Kansas which does not come into the Union
at all. The constitution Of Kansas does not bulge al
inch beyond the limits Of Kansas. 1t stays at home
and it can be altered, modified or destroyed, by the
people Of Kansas at their pleasure.
Kansas, then. does not touch the Union with hsr
constitution at all. | will tell you where che touches
the Union. She touches the Union nt three points
| -. tLa I nr,a rs - prasaDtativea in the SpnAfp. and IN
the presidential chair; and | take the occasion To sug
gest that at none of those three points have we any
great reason to desire any contact with her, while the
political opinions of her people remain what they are.
Mr.. STANTON. Will the gentleman permit ms
to AJAX him q question: understand the gentleman
theory TO be that a State may be admitted into the
Union with no constitution at all, II 1t has a Corporate
form. Am l right
MIR. MlLLSON. mean to say that the power is
to admit a new State, aud as n State must be II State
before il has a constitution. it follows that there may
be a State without a constitution; and that The power
10 admit new States generally, caBnot be narrowed
down to a new State, having q constitution.
Mr.. STANTON. Suppose, then, that Kansas Ia
admitted now; ia there anything to prevent her from
organizing her Government under the Leavenworth
Constitution instead of under the Lecompton Consti-
, tuition?
Mr.. MILLSON. That is a question l do not want
to discuss here. I hold that the people of Kansas have
the right to alter their Constitution, or frame a Go
, vermont; whenever they can do 1t IN conformity
| Will ll0 ilbpOgON wynn -
themselves; and no power on earth can righttully
prevent the people of my sovereignty from acting
in the execution of their sovereign power, whenever
it may pleass them 70 to act.
Mr.. CURTIS | desire ia ask the gentleman q
questiou. Inesmuch as the Lecompton Constitution
is not in Kansas, bat is here, and the Leavenworth
Constitution ia there, is not the sequence that II they
are admitted under this bill. they are admitted unaer
the Leavenworih Constitution?
Mr.. MILLSON. Mr.. Speaker, l have already said
that h State is not admitted with or under any psrtcu'
lar Constitution. | have already said that 1t ia not the
province of Congress to determine what her Constitu.
lion il; and that we, as individual members, can only
look into her Constitution for the purpose OF ASCERTAIN
ing the sentiments and character Of the people. Sir, 1t
the Mormons, now occupying Utah, should apply tor
admission into the Union. with a constitution allowing
pOlygamy, that wonId be evidences that her peoples :
in favor of polygamy, and you would reject them on
that account, as unfit to be associated with the other
States. Bntl go further. II they were to apply Tor
admission into the Union, with q constitution silent
on the subject Of polygamy, you, knowing the CHAR
actsr of the people, from other sources OF lniorma'
ton, would reject them on that account. 1 gofr. or
still. II they were to come here with a constr diion
prohibiting poiygany, then, regarding the constltu-
ton only ~ eridence, and knowing that evidence 10
be deceptive in this case, We should reject them on
that ground.
Now, what is it that is done when a Territory
comes 10 be admitted into the Union as a Statei L
took occasion to say, some weeks ago, that the apph
cation of a State for admission into the Union, is q
sort OF Declaration of Independence. A State must
have the capacity to contract with the other States
before she can BE- admitted. She must accede to the
Federal Constitution. Before she can make con
tract, chs must have the capacity to contract.
The transformation of a Territory into a State, Is,
if may 30 express myself, a sort OF peaceful revoiu-
ton. If the State is admitted into the Union.
Congress simply acknowledges the Independence OF
that State. IL the State il. denied adm'eslon INTO
the Union, Congress refuses to recognize the in
Dependence of that State. But whenever a Ter.
ritory forms tor herself a constitution. and State
government, she proclaims her independence OF Inc
power which has held her in subsection. inns, 1
think, is the only theory which will explain the re,
lstions between a Territory, becoming a State, and
the old States. We need not resist by force, her at
tempt to establish her independence. We may &C.
code 10 il. IL We do 80. we acknowledge her NICE