Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-10
SPEECH OF HON. s. A. SMITH,



5aid:
Mr. CHAIRMAN: feel somewhat embarrassed in |
the committee to day subject foreign
30 the bill which is now under consideration; and /
yet feel justified in doing because the prominent
topic Of discussion in this House and before the /
country is one Of so much Importance, fraught
with such consequences TO the Union, that any |
member Of this House is justified in departing from
the subject under consideration to lay before the
country his views or to make whatever argument |
he may which may have bearing or an influence
upon the public mind, or upon this House in refer
the admission into this Union of the State Of
Kansa, with ALI 1the rights and privileges of the
original States Of the cOnfederaey.
For the lastfew years important events have pre-
sipiated themselves in such rapid succession upon
Congress and the country, that the statesman and
patriot are lost as it we're, in beWilderment con-
templating the consequences Of the settlement of
these questions, which come before us as the repre-
sentatives Of the people, This is an important one
because it involves the conclusion Of the agitation
which commenced in 1920, against the domestic in.
stiutions Of one half Of the States Of this Union.
The first serious agitations which occurred in this
country in reference TO the question Of slavery was
in 1920, and from that time until the present, in
some form or other it has been fruitful theme for
politicians statesmen demagogues, and those who
we're disposed inhame the public mind, that they
might live for time at least, in the public estima
ton Il was used for those excitements infamma-
tory in their character and injurious the interests
Of the country which these men might create in the
minds Of their constituents, and thus enable them
to hold on to power, which is one Of the leading
and controlling motives Of those who have not the
merit to come here upon political creed right in
ITSELF and Just to every section Of the Union. do
not care whether the disturbance comes from the
North or the South Isay, sir that there is spirit
ofrevolution abroadin the land, which, fno checked
NAV some day result in inaugurating the train Of
tn nv he
Illinois, MIR. Harrisl-a train Of circumstances
which would destroy the fairest fabric Of govern
ment upon earth. It is not so much the slavery
question; it is not much the right of southern
10 hold negroes servants, as it is that spirit
of revolution which am prepared to show the peO-
pie of Kansas are not responsible for. I relieve
them, sir from the responsibility which l am pre-
pared to show upon the representatives of the
people This is q government of law and order;
and unless maintained upon such principles cannot
be maintained at all. l am no disunionist; l wish
not to talk about disunion yet sir if the idea shall
20 abroad that the dissolution of the Union is an i'm
possibility, it only arms those who would create
revolution with an additional incentive to commit
aegressons upon the rights of those who may be
weaker, who may be in the minority; to commit
aggressons upon therghs of sections Of this Union
either South or North, East or West, which would
| bring about q dissolution of the Union. l do not
wish sir to see the measure of which we have heard
so much forced through under threat of disunion.
make no such threat; have not the power to make
any such threat tell gentlemen on all sides Of
this House that if the day shall ever come when this
Union shall be dissolved it must not be done by me-
not by Congress- but by the act Of the States whose
servants we are. If that time shall ever come
which Heaven Forbid shall be the last man to
leave my post upon the floor of the House Of Repre-
sentatiyes. If the time shall eome-Which do not
look for-that any portion of from
the North the South shall deem it proper to leave
this hall say for one, that shall consider it my
highest duty TO remain here, until recalled by the
people of my State, and prevent those who are here
from doing harm to the country.
But Mr.. Chairman, do not look to these cOnse-
quenees. 1t is true, sir, that when we lose our
equality in this Union, when that is gone, when the
general government becomes the Oppressor Of the
States there then can be no Union; because the
very fact of union implies equality among al the
members thereof. A general government was form
ed and more perfect union was formed for public
safety and public defence, and public justice; and
when it shall cease to accomplish those ends, and
becomes the OppressOr of any section Of this UniOn
or any State Of this Union, then l say the Union
itself is at an end by its operation and by the
action of the federal government 1 hope never to
see that time come. | do not believe it has ever
been, and without prediction TO what may occur,
without indicating what course shall pursue in
ference to the future, if Kansas shall be shall not
be admitted under the LecomptiOn Constitution, I
immortal bard, who
Sees what bsfeIl and what may ye! besll
Concludes from both; and best provides for all"
Sufficient then, "untO the day is the evil thereof
Without going into discussion of what may do,
what my State may do, what she ought to do IN
der the circumstances, shall address myself to the
question which have selected for discussion to. day,
and that is the admission Of Kansas under the Lee
compton constitution.
The first question which here arises is have we the
power to admit Kansas into the Union? The second
is do the people Of Kansas desire to be incorpOrat
ed as a State And the third, ought we, in view of
all the circumstances and all the facts to admit her
as a sovereign State of this Union ?
do not wish to indulge here in. remarks which
reflect upon the representatives of any section of
the country. l may, perhaps, have more to make
at home. by making an infammatOry speech here,
narrowing up imaginary wrongs which have been
done to nv section of the Union. Those which have
been done heretofore are to great extent imagin-
ary; but if the admission Of Kansas shall be re
fused they then will become real, so far as this
question is concerned If Kansas shall be refused
10 them it will not be because her constitution toll
crates slavery; it will not be because it prohibits
slavery; It will not be because the constitutional
convention ddnOt submit the whole constitution to
the people nay, sir, Will 1t be because a large
minority of the citizens refused to participate in
making this constitution If Kansas be refused ad-
mission into this Union it will be account of that
revolutionary spirit which overrdes all law all con
stitutions, which, as before remarked, started
IN this House Immediately after the passage of the
Kansas-Nebraska bill. l do not intend here to en-
ter into discussion of that measure; 1 do not in
tend to construe it. ItcOnstrues itself. But before
entering upon that, attempting to speak in refer
euce to its operation upon the people of the Terrific
~ SO far as authorizing them TO form State con-
stitution l can 20 behind that and find enabling
act if gentlemen desire it. have stated hereto
IL, a,,7ht 4ha -ofG tn
enabling act and as original question, should
uuhest ltingy vote against any such proposition.
The constitution Of the Urited States provides that
Congress may admit new States into the Union
with all the rights and privileges Of the original
States" That is the only word in the constitution
in reference 10 the admission of new States into
this Union. Congress has no power to create, no
power to alter their constitution, has no power to
authorize them to make a constitution, be-
cause that must proceed from the people them
selves, and be the representation Of the sovereign
will.
l need net enlarge upon this because, as before
stated there is enabling act for the formation of
a State government for the territory of Kansas,
dated anterior to the passage of the KansasNe
ks bill know, sir, that some, who heretofore be-
lOnged TO the democratic party, are of opinion that
there ought to have been enabling act-such as
the distinguished senator from Illinois Mr. Doug
las but at the same time admit that an enabling
act is necessary to the formation of a constitu-
ton. Upon examination find that the treaty be-
tween the United States and France, of the Both
April loO3-ihat treaty which is theisupreme law
Of the land-provides-What That Congress shall
pass an enabling act? No, sir; but it provides
that the people Of the territory of Kansas, which
is part Of Louisiana Territory, shall be admitted
IHtO the Union State or States as soon as prao-
ticable.
The following is the article of the treaty referred
to:
THAT the inhabitants Of the coded territory shall be in
corpOrsted into the Union of the United States and sd.
mied possible according the principles ofthe
federal constitution, to the enjoyment of all the rights ad
vanages and mmunes Of citizens Of the United States
ana the umesha be maintained and protected in
1eee enjoyment Of their liberty pro- erty, and the re-
lgion which they profess"
There, sir, is the enabling act which this Con.
gress has no right to annul if it were neces-
sary to have an enabling act. merely mention
this because it binds Congress to admit this Terri
tory into the Union as States, and there is not
word in the treaty which provides that Congress
shall take preliminary steps to authorize them to
form a constitution and ask admission into the
Union l voted during the last session of Congress
to authorize Minnesota to form q constitution and
int he TTuio I ] ho1