The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-04
THE MA IoNAL ERA: WASHINGTON D. c. FEBRUARY A. 1853

come to that, to resume the same argument
where our fathers left it. The South had not
upon their plantations more craven-spirited
set of people than those who passed these reso
lutions. [Laugbter.] Of course, there was nc
necessity of instructing him how to vote. RE
newed laughter. If the Executive should per
sist in his policy, he was tyrant, and deserved
the frowns and Reproduction of every man"
THE KANsAs-NEBRAsKAA ACTS IT AN KIN.
ABLING ACTs
The Washington Union, with Governor Wise
and others, contends that the Kansas N braska
act is, in itself, an enabling act-that the Ter.
ritorial Legislature of either Kansas or Ne
braska is therefore invested by it with the
right to call q Convention at any time to form
a State Constitution-that the Convention, when
called, has right to form State Constitution,
which, provided it be republican in form, Con.
gresa is bound to recognise; and under it Con.
gress is further bound to receive the new State
into the Union.
We hold that the Kansas Nebraska act is not
an enabling act-that Territorial Legislature
is invested by it with no right to call Conyen.
ton, whose action in forming a Constitution,
whenever republican in form, shall be binding
on Congress, or entitle the Territory to ad.
mission as State. A Legislature may call q
Convention-and the Convention may form a
Constitution-but that instrument can have no
force, and the Territory no claim to rank as q
State, until Congress shall have ratified the &C.
ton of the Convention. It's ratification alone
can convert the Territory into State, and es.
tablish the Constitution as obligatory.
The argument by which the Union seeks to
prove its position is this
"The tenor of the whole act was, as condensed
in single one of its clauses, viz to leave
the people tof the Territory perfectly free to
form and regulate their domestic institutions
in their own way, subject only to the Constitu.
ton OF the United States. Not only did the
expression In this clause form their domes.
TIC institutions in their own way '-contemplate
and expressly grant the power of framing a
Constitution at the proper time, but the open
ing section also of the act included, in totidey,
rerbis, the framing of Constitution in its
ample scope of granted powers providing. as
it did, that, when admitted as a State. the
said Territory, or any portion of the same, shall
be received into the Union as a State. with or
without Slavery, as their Constitution NAV
prescribe at the time of their admission
"Not only was the power of framing a Con.
stitution thus expressly contemplated and
granted in the organic act of 1854, but it was
given free from limitation or control by the sub.
sequeR action of Congress, either by means OF
an enabling act or any other kindred measure ;
the exercise OF the power granted being made
subject 'ontyto the Constitution of the United
States.'"
Extraordinary logicl
The Kansas-Nebraska act, section 18th, de-
clares imperative the clause of the Missouri
Compromise prohibiting Slavery north of Sc
80, and proceeds
at being the true intent and meaning OF
this act not to legislate Slavery into any Terri.
tory or State, nor to exclud it therefrom, but to
leave the People thereof perfectly free to form
and regulate their domestic institutions in their
own way, subject only to the Constitution OF
the United States" s. 1a
Therefore-so argues the Union-the People
of Kansas have right, without any enabling
act by Congress, to organize themselves into q
State, and form Constitution, and, provided
it be republican in form, Congress has no op.
ton in the case-it is bound to recognise it
the Kansas-Nebraska act imposes upon it this
obligation
Will the reader please sxsmins thss pEsm iiaes
conclusion?
The clause quoted does not refer to the fact
or the method of organizing State, but solely
to the poacer Of the People of State and the
People a Territory over their domestic institu.
tons. The latter is to be left free, just as the
former is free, to form it's domestic institutions
in its own way. Nothing is said or implied
about the mode of organizing State, much
less OF an innovation on the usual mode. The
assumption of the Union is mere fiction.
But, it goes on to assert that the power to
form Constitution at the proper time, was, in
so many acords, conferred upon the People of
Kansas, in the opening section of the act,
which provides that "when admitted, the
said Territory, or any portion of the same, shall
be received into the Union as States, with or
without Slavery, as their Constitution may pre-
scribe at the time of their admission" The act
by this section attempts just this-to bind any
future Congress to admit any State that NAV be
formed il Kansas or Nebraska, without refer
ence to the fact of the existence or non.exist.
ence OF Slavery therein-that is all, nothing
more, nothing less. 1t contemplates, of course,
the organization Of States, but has not the re-
hottest reference to the mode in which the or
ganization is to be effected, whether By action in
ltiated by the Territory, and subsequently rati
bed by Congress, or initiated by Congress, car
ried ON by the Territory, and finally consumma
ted by Congress. 1t impossible to find word
sr syllable which can be construed, unless by
the most palpdble percersion, into grant of
power to the People of Kansas or Nebraska to
form Constitution of State Government, which
shall preclude the right of Congress to pass an
enabling act.
Had the organic act provided that fixed
number of States should be formed in the said
Territories that when they determined their
provided their populations should
reach certain number, they should be entitled to
as States, their Constitutions being re-
publican in form; it might be claimed with
some show of reason that such an act was real
y an enabling act, and that no further antece.
lent action by Congress was necessary. But,
even in such case it could not be maintained
hat the right of Congress to take such antece.
Dent action as it might deem proper, was re-
strained. We are at no loss for precedents here.
The Ordinance of 1887 determined the number
Of States to be organized in the Northwestern
Territory, settled their boundaries. and axprosa.