The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-05-20
THE NATIONAL ERA: WASHINGTON, D. c, MAY 20, 1858

Government for the people of the i'd Terri.
try, provided the Constitution to formed.
y virtue of the authority aerein en-, shall
ks republican, and con5isteht with ConstA
estion of the United States that il hall con-
fsin the fundamental principles ofe j and re-
sl-gious liberty that il ,hslj secure the citi-
ssn the trial by jury in all Criminal ,ses, and
t1e privileges of the wri, OF hdbeesc pas, con-
fjrmably to the provisi,ns of the c ,stitu,ion
e the United States; ,,nd .thkt af, the ad-
6ission Of the said Territory Of Or ans as
Gate into the Union, the laws " ich such
State may pass shall b., pr9malVat. |, and its
records of every dsscrir ton shall bee reserved,
snd its judicial and legislative tten pro-
feedings conducted, in tho Language in which
tle laws and the judics al and legisf 1--WE writ
Gen proceedings of the United Stat are now
published and conducted: And prob led, also,
That the said Convention shall pro, lie, by an
ordnance, irrevocable without hhe ,nsent of
Se United States, that the peoale hsbiting
tae said Territory do agree arc de. are, that
taey forever disclsim sll right Or 5 lie to the
fsaste or inappropriate lsads lying tsithin the
did Territory; and that tie sam, shall be
end remain at the sole and enkse sposition
If the United States; AID, norGs ven hat each
snd every tract of land solt; by Con. ess shall
&c and remain exempt sfrofa AMI Ia laid by
sae order or under the authority Of be State,
Shesher for State, equity, township iarish, or
Sny other purpose wh,,tevsr, for Il term of
Eve years from and sftet thu resIect 3 days OF
the sales thereof; and that Che lsnde- elonging
30 citizens of the United States, res ing with
gut the said State, shah never o. tas d higher
chan the lands belonging to pseso, residing
therein; and that no taxes stsll imposed
ON lands the property of the tfni States;
end that the river Mis,issjSpi, anG he Davi.
cable rivers and watert leasing int, he same
.,r into the Gulf of Mexico. sball b common
highways, and forever free, as veil the in.
-1sbitants of the said SEate as to 9th, citizens
If the United States, without any ak, duty,
3npost, or toll, thereof iDfossG b. the said
State"
am not here TO find fault with ,he argu-
nsents CT the learned gentleman from. aryland,
[dr. DAVIS am not here toIollc the gen.
tsman from Georgia, Er. SrErsESs with the
ncw lights he has discovered in his { y to this
Political Damascus. The latter cent nsu has,
if you please, become in ally q tn Republi-
Cans, Of those he is wont to cali Bla. Repub-
lNans. He is working cnot voti ag), tn us to-
Gsy. He is agreeing with us tfat c ogress is
restricted in nothing butits own CON, ton and
ity own Judgment, in regard to ae aitations
which it may rightfully impose, snde the Con.
sQtutlon, hpon new States, as 'Snd ons pre-
cSdent to their admission into tb Vi, N.
sTo make good my assertion, mel only re-
fT specifically to the limitation il osed by
tie Louisiana act of 1911, provid ing the ad.
nission OF the State of L9uisiani WIZ b have
jest read, and which the geutleu ant m Geor.
ga approves, and upon which he kes his
stand.
That statute, repeat, goes q far have
e5er ventured to go on this ques ion, I'D as far
a. any gentleman upon this side has ,er ven
tired to 60. / beg the Attentions of House
te the conditions precedent Al d trictions
which that act imposes upon the SOY. ignty of
louisiana. First, there is the G. ndT n prece-
df1nt that before the people Of Louis 90, after
lie election of their delegates to = c. gention,
s5ould take another step toward thu rganiza-
tsn Of State Government, the do yates, in
Convention assembled, should, j (, tb ! behalf,
declare that they apopt the Cons ituk O of the
Quilted States, together, Of conri 9, W all its
LIMITATIONS and restrictions upo 81 sover.
G -gnty. Having first performed thisN onditioH
Recedent, and not before, they uigk proceed
T. form a State Constitution; PR vidS says the
Statute
That said Constitution so to / 3 fo: led shall
: be repubtcan shall be consj itent 9th the
d;onstitution OF the United Sia' es; . ,sll pro-
'.claim the fundamental principles of ivil and
religious liberty; shall secare tses, , citizen
charged with criminal effs' &c Z trial by
Curry; shall secure, also, the S'eit hobeas
corpus, as provided in the Con, ,itu, n of the
81 uited States shall provide ii at t legisla.
s.tion and judicial action of Said Sis be con-
educted in the English lanSusse; ,sll sur
render the right of the State ov certain
waste lands; also, its right t, Il United
States properly"
Sir, this statute does not stop whe, certain
= ntlemen upon the other side of ) House
ave been telling as that ops rpwe. stops, to
Kit: with the mere declaratsonsthal he Con.
tsituton of the proposed nees s. ate, ,ould be
republican. That statute, ~ J hst shown,
goes much further, and reqf re thS- the new
Constitution shall conform ID, AL the ,nditions
end restrictions which | ] ave e. merated.
s'his statute further provid 8, ina fourth
section, that the Constitutio, SC fro ed shall
Ge submitted to the Congr IS of g., United
mates for approval or reje tiol. .or what
purpose? To give to the Caf sress O. the Uni
led States the opportunity o! jusgr whether
~lese conditions precedent I'd beei complied
9Th whether the people his |, ry ID. legally.
chosen delegates, adopted u e CONF tuition of
The United States whether their n, Consti-
rntion, contrary to and 10 COP raventi. of their
.ocal laws-the civil law hdir y ich they
.hen lived-secured the rgl t Of tri BY Jury
n all criminal cases wheth, tie gt st writ of
3G6edS corpus was secured to theeitia as within
be limits Of the State; and W. ether, addition,
sbeir Constitution declared, as REQ ired, the
yreat and fundamental prin, iplGs OF civil and
celigious liberty. Unless tb .se pro, sons ap.
3eared, Congress, by this ourib ,tion, re.
I erved the power to say thai Loaisia q should
GOT be permitted to organ &c hers { into a
State Government for admit iiop int this On.
son-should not, in fact, be- ONE ,tate, but
should remain Territory.
l ask the gentleman from Ge,rgiS, in order
hat may make no mistai . ia a matter.
whether be comedies that IL It ttnle aent was
constitutional; that it was he r Fl of Con.
gress, in 1911, under the Fe tertl c. stitution,
10 dictate to the people of II uis ana ,e condi.
hon precedent that their Cor 5titftio3 hould be
consistent with the Constitu' ION Of United
States whether he conct des th' it was
competent for Congress, undr tliatt of 1911,
10 dictate TO that people the fuithe, condition
precedent that they should scuse q right of
3rial by jury, in all criulinaS cafes, citizens
within the State? whether 2 c,ncrt g that it
was competent for Cor1gre. !, i,yatS / act, to
dictate to the people Of Lou siana, e further
condition precedent to be staNlisl ,ent of a
State Government, and tb, ir adm, non into
the Union, that they should ,ecire e benefits
of the right of habeds ct1pT in all ,ses. pur
tlusnt to the Constitutions Of he UNI States?
and, fnally,i ask him, WIS ther hs>concedes
that it was competent for : e Cove. tment of
the United States, SPEAKING through. Congress
by that act, to de clare that hat pe, lie should
abolish their civil law, Ynd AXE o. If he
corcedes all this, as he did ~ citin, that act.
The comedies all that claii !, sad that my
friends nave ever claimed, Il this ge & contro-
versy. Who, SIR, Is to judg wbeth, the Con.
sutuuon, framed by people withint Territory,
Is consistent with the enslitn9 q of the