The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1858-03-12
is MINNEsnrA A sTATE.

Mr. Crittenden presented 10 the oehaie, on
the 25th ult., letter from General Shields,
Senator elect from Minnesota, demanding
admission TO his seat. Mr.. Crittenden sus-
tanned the demand. The letter, says cor
respondent, is mainly al argnment-an elab-
crate and able one-in support of the demand
put forward. 1t is shown that Minnesota
under the provisions of the enabling act, had
the express permission of Congress to or
ganize herself as State, with written con-
stitution and government chosen by the
people; that Minnesota affected such an or
ganizaton, thereby placing herself upon an
equal footing with all other States; that the
right Of her senators and representatives to
their seats in either House of Congress is,
therefore, incontestb!e. Crittenden fully con-
Cured in the application, and in the argument
by which it was sustained, and expressed his
intention Of moving that the oath OF office be
administered to Shields, and that he be per-
mitted to take his seat. There is precedent
for the course adopted by Shields and advo-
Gated by Crittenden. Ohio was admitted into
the Union by the simple act Of admitting her
senators and representatives to their SEATS
So was Indiana; and the first senator's and
representatives from Michigan and Tennessee
were admitted to their seats in advance OF the
formal admission of their respective States.-
Shields takes the position that there can be
no such anomaly as State out of the Union,
if said State has been organized with the as
sent of Congress. The question developes
new phase of the relations which subsist be-
tween a new State organized oat of the
United States territory and the United States
These relations have never been satisfactorily
determined. On the application for admis-
sion of each new State, Congress has acted
from motives of expediency, thereby putting
on the record inconsistent or contradictory
precedents. The modes of admission are
various. but the right Of admission, notwith-
standing the seeming absoluteness of tho
power conferred on Congress in the premises
by the constitution, has been tacitly or ex.
pressly acknowledged by all parties from the
beginning. There is, however, broad line
of demarcation between State which is or
ganized under an enabling act and State
organized by convention not authorized by
Congress. In the former case, il may be held
that Congress gives its assent in advance to
the admission ofthe new State into the Union,
on the condition that the enabling act is COM
piled with. In the latter ease, the constitu.
ton formed is a dead letter until Congress,
by its sanction, imparts validity and force to
it; and the government instituted, or rather
nominated, cannot presume to 60 into opera
ton under penalty of treason, unless with the
express permission Of Congress. Any other
hypothesis would imply squatter sovereignty
An equality of rights and powers between
territories and Ststes-a hypothesis which is
at variance with the constitution and the laws
and usages of the government, and also with
existing facts. Whatever breadth of inter-
probation may be given to popular sovereign.
ty in the territories, il cannot be construed as
rendering the territory from the beginning
the peer of all the States. Even Douglas, the
leading expounder and propaganda of pop
ular sovereignty in the territories, maintains
that it must proceed in subordination to Con.
gress, or, in other words, that no such sover-
eighty exists, for sovereignty implies supreme
power. The debate on Shields letter, turned
upon the points as to whether the question
was one of privilege. The administration
men commended it was not, and Johnson, OF
Arkansas, moved to lay the whole subject on
the table. There were twenty two votes in
the affirmative and twenty-six in the negative
the national democrats, including Polk and
Green, voting for the motion. The Republi-
cans and Americans, together with Benjamin
Broderick, Gwin and Douglas voted agains,
the motion, which was defeated by a majority
of four-the four named. Stewart, from
Michigan, declined to vote because he consid
cred Johnsou's motion supplementary"
IMPORTANT FROM WAsHINGTos.-The New
York Herald's correspondent says: During