Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1858-05-19

precedent lbal they should secure the righ
Of trial BY juFy, 10 all criminal cases, {,
citizens within the staisi ahelheF be cOn
cedes that i was competent foT Congres.
BY that sctlO dictate 10 The people Of Lou
isianbA as a further condition preceden
70 The establishment Of a State goyernheu
and their admission into the Uulou, thai
they should secure the benefit Of the righ
Of hAbeas corpus In al cases pursuant L
the Constitution Of tbe UBiled States ;sBd
finally ask him whether he comedies tba
il. was competent Tor the Government o
the Uuited Ststss speaking through Con
lgFesA BY that act, 70 declare tbai that peo.
| pie should abolish their civil law and TAX,
ous3 lfbs couCedes all this,as he did by
citing. that act he eoBcedes all that / claim
apd oil that my friends have ever claimed
J 10 lhis gfeet controversy. Who, sic, is Il
judge whether the constitution, Trained by
aPeoPle wi,hinla Territory. "is consistent
with the Constitution Of The United States r
BY that enactment, upon which the gen.
tleman planted himself, it is panifestly De.
clsrst that the Congress Of the United
States shall judge Of that, and 10 one else
That is RePublicanism-Biaek Bepubli-
canism. ' .tf.t.r
Mr.. CURTIS. l beg the gentleman,
pardon; il Is not Black RepublicsDism, as
some understand it.
Mr. BINGHAM. 1t is my black Re
publiesuisn. That legislation Of lsl II is
sustained by precedent and Commanding
authority. 1t was sanctioned and appro.
we'd BY a man who has been called the
Father Of Constitution-by way ofpre
eminence--Mr. Madison. In addition to
bis approval Of the act, have before me
what be has written on this provision Of
the Constitution, that Congress may ad-
nit new States into the UpiOn.S He says
In the Articles ofC fConfederation no pro.
vision is found on this important subject
Canada was to be admitted Of right on
her joining in the measures Of the United
States, and the other colonies, by which
were evidently meant the other British
colonies, at the discretion Of nine States
The eventual establishment Of neW States
seems to have been overlooked by the com
pliers Of that instrument. We have seen
the Inconvenience of this omission,and the
assumption of power ipto which Congress
has been lead BY it. With great proprie.
ty, therefore. has the new system supplied
defect. The general precaution that no
new States shall be formed without the
concurrence Of the Federal authority" =
= = Sis consonant to The principles
which ought to govern such transactions"
There is where stand; there is where
those with whom actin reference to this
question, stand; that there can be no such
thing as an existing State, organized with.
in the national Territories, outside Of the
Union, and without the consent OF the fed
eral government; that there can be, under
our Constitution, no new State rightfully
organized within United States Teirito.
ry except it be organized in consonance
with the Constitution Of the United States,
and with the consent Of the government of
the United States given to such State Or
ganization, either previously or subsequent
iy TO its formation. and before the admis
sion Of such State into the Union. That
is the position Of Madison, that is the Re-
publican position, and that seems to be
the position Of the gentleman from Geor-
gia. Sir, other precedents justify me in
saving that conditions and restrictions up
on the organization of State governments
within the Territories may be imposed by
the Congress Of the United States. |
speak now Of new States organized with
il the Territories of the Union more par.
ticularly. do not wish to speak now of
The organization Of new States within the
Territory Of single state Of the Union.--
That belongs to another provision of the
Constitution, and we have nothing to do
With it in this issue. We have other pre-
celents, sir, for the position We assume of
this power of Congress to impose limita.
tons and restrictions upon new States
plecedents furnished by the action of the
latbers ofthe Constitution. tas
Sir, there was a condition precedent in
the act providing for the admission fthe
State which I have the honor, in pat, to
represent, and which authorized the people
Of Qbio 10 frame State constitution and
government preparatory to their admission
into the Union, That condition precedent
was this: "se
"That the constitution SO 10 be formed
by the people of the Territory of Ohio shall
not be Iepugnaht to the sixth article ofthe
ordinance Of 1897" I Ha3 I'd
What was that article It was, sir;
''That slavery or involuntary serVtude,
except as punishment for crime, should
be forever prohibited" aniT 7a Z
Upon that condition the State of Ohio
was permitted to organize constitution,
and TO come into the Union. The men
who framed that statute, and who voted
for II in this and in the other Hail. die not
get this new idea into their heads, that the
people Of a Territory might frame con-
stitution and organize State government,
and demand admission into the Union up
on the simple condition that their consti-
tuition should be republican. What is a
republican government A republican
government is simply government where
the sovereign authority is exercised through
delegates or representatives chosen by the
people. The Congress Of 1909, which
provided fot the admission Of the State of
Ohio, thought that there was something
more than a republican constitution to be
framed> and hence they pat in the other