The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1858-04-17


ment of a right-udging man, is there any
other! Is it that because the Territory has
proceeded under law Of Territorial legis-
latu"c, with all the regularity and iurmallty,
as the President tells US, that any territory
has ever proceeded, we are bound to accept
what they send to us, blndly and without
looking beyond it Is it the principle of tins
Government not only that we may stop, but
that we arc bood 10 stop. at what the Ter.
titoFy sends to us9 Then, Mr. Chairman. I
do not assent TO that proposition : and it is
to that proposition that | desire chiefly to
draw your attention now.
Upon that question, | am frccr than most
of the gentlemen u,.on either side Of this
House. | voted with my Southern friends
against the Topeka constitution, being a free
constitution formally sent hrre by the ma jori.
tv Of the then Inhabitants of the Territory
am. therefore, free to raise the question
whether there is legal authority AT the bottom
of that consi tuition now presented TO u.s.
They protested against the admission OF
California because there was no evidence that
majority of its people had asscnted Because
there was no lormality Of law preceding its
constitution because there were no protec-
lions to the halot.bo I am, therefore. now
free to ask those who did protest to join Inc
IN inquirinS whether there be here legal au-
tiiorly: whether here the ballot-box has
been protected whether here we have the
will Of the people asceriainc'i in legal form
which we not only may accept but which we
are bound TO accept
This assumes the validity Of the laws Of the
Territorial Legislature calling the convention.
and the proceedings under them in point of
law: and then the legal ELECT of those pro-
ccedines is to clothc this parchment with all
the attributes Of State constitution, and
that we are not entitled to inquire who voted
for or against it how many stad from the
polls, or why they did so; nor whether
fraud or force have decided the result; but
that the legal certificates preclude inquiry
into everything beyond.
respectfully deny the validity in point of
law. and further say, that if they were as
valid as il authorised by act of Congress they
could to no extent exclude the legislative
direction Of Congress as to the fitness Of
recognising the new State.
Mr.. Chairman. in my judgement all that
is necessary to the admission Of a State is Il
concurrence of the will of the people Of a
territory and of Congress. Prior to such
concurrence there is no State. After that
concurrence there is State. The application
of territory to be admitted as State is
only petition upon your tablc-an offer upon
their part which we may accept or which
we may reject at our pleasure. After that
concurrence it has been cngrarcd into the
living body polite of The country. bone of
our bone. flesh Of our Acsh to share with us
for good or evil, to the end of time, the
blessings or misfortuncs of the Kcpnblic--to
lao ,,l t,y n,Nfb mt nyt nal
violence which shall lop off some living limb
of the Republic, OF that civil strife which the
chief Of the Republi- is so rashly provoking.
Enabling acts. whether contained in the
organic law of the Territory, OF in special
acts authorizing the formation of a corstitu-
ton. providing for the fo,malitics Of election.
the protection Of the Tolls. the expression of
the popular will under the forms of law, are
only the guarantees that Congress in its
wisdom throws around the expression of the
popular will They are only methods Of as
cclaining that will aid when that will is
ascertained, Congress has everything that is
indispensable, and all the Territory can
supply. The will OF Congress to concur
with the will Of the people is expressed in
it is that concurrence, no matter how ascer-
NNi'Su' ~ "h"' 'o'''''' VI "'.'' Nv c''''sipi
of what forms, which makes the distinction
ard alone makes the distinction between a
Territory of the United States and State Of
the United States.
There is no such thing in our system as
an incipicnt State: State whose federal
relations are underlined State of uncertain
federal relations. as MIR. Calhoun once ex-
pressed himself. respectfully submit that
there is no intermediate condition between
a territory and State; that State whose
federal relations are underlined is State of
which the Constitution of the United States
knows nothing. Uncertain federal relations
are no federal relations. Unless the State
be in this Union the State is out of this
Union. Unless the State be bound by the
Constitution the State is independent Of the
Constitution. Unless the State have light
TO be here represented the State has no
right to be represented anywhere. 1t is Il
State under the Constitution, Or it is a State
independent. If, therefore, any proceeding
create State which does not simultaneously
bring it within, and make it one Of, the
United States, that State may as well form
an alliance with the incpient confuderacy
of Canada and New Brunswick ps enter this
conlederacy. 1t may levy war against the
United States, and you cannot punish its
people for treason. 1t may appropriate the
territory of the United States, and it is be-
yond your power. In a word. by the pub
lie law of the United States, all the territory
within the jurisdiction is either territory