The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-04-08

without Slavery, Constitution
scribe the Time Of their admission ~" United STATES
Lalcs, vol y, p 4S5
But prefer TO meet the gentleman from Geor-
pia on his own ground, where he finds the power,
as above quoted from his report, in the follow
ing section of the organic act:
SEC a. Thai the legi sative power of the Territory
shall extend to all rightfm subjects Of legislation con-
provisions Of this act United States Larc vol PES
Passing over the question whether the over
throw of the Territorial Government established
by Congress is rightful subject of legisla-
ton, consistent with the provisions of this act ?
which established 1t, reply to the gentleman
from Georgia, that Utah has precisely the same
authority in the following section of her organic
act: ESQ 3f4e sfaa ssiMses 2
SEC 6. The legislative power of the Territory shall
extend ali rghiui subjects: Of lesisaton consistent
visions of this act"-United States Lacs, vol O. asa
Do the gentleman from Georgia, and the other
prominent champions Of the Administration, dare
to stand by their own argument, when applied to
the Territory of Utah Will they maintain;
while asking us for appropriations for the army
which is to assist in sustaining and unfolding
the new Territorial officers there, that the whole
Territorial Government itself can be superseded
or trammelled by the spontaneous formation of
State Constitution in Utah, and the Lecompton-
submitted to our inspection, of Governor, State
officers, Judiciary, and Legislature? And yet,
the language of the two acts being identical on
the very point where he finds the authority for
Kansas, he must acknowledge its fallacy, or con-
cede license to Utah utterly destructive of the
national authority in that rebeIlious Territory
leave the gentleman from Georgia to select
whichever horn of this dilemma he chooses and
ask attention to the two following extracts from
the speeches of distinguished advocates of Le-
compton upon this floor.
The gentleman from Mississippi, IMr. LAMAR,
in his speech on the 18th of January, lays down
the following proposition:
"The people act in their sovereign capacity when
convened ali practical purposes iden,c al with
the people Sir, take higher grounds. hold that
poitics assemblage known to our Constitution and laws
is convention of the people legally assembled
sentative system-but by their delegates legally elected
When such body, with no declared limitation upon
.hey execute their trust the Constitution ipso faclo be-
comes the a,c Of the land nnqnesho,abe aud
ehansea6s by any po'0sr on ear save thar which
at (Kansasl is no Longer Territory Of these United
States She has by your own authority and permission,
thrown off the habmens of Territorial dependence and
stands a State clothed with all the attributes and
powers of Stale, and asks admission equal in
her application if you will it will be at your own
peril TO remand her Tsrlorai condition. you can
sources the waters Of the Mississippi Kansas Is sepa
organized ci'g STATE, with all the nerves and are
mes OF life IN ful oevsopment ana vigorous activity
broad and radiant shield of State sovereignty and may
laugh to scorn your enabling acts"
The gentleman from Alabama, Mr.. SHORTER
just month later, declared himself also as fol-
lows:
"when the Kansas and Nebraska bill was passed.
this doctrine Of the night of the people in the Territory
the Union free from all Congressional interference
adopted as fundamental principle That bill declares
that Kansas well Nebraska, has the right of admis
sion the Union sovereign Stale, with without
Slavery according to the legay-expressed will of the
at the doors of this Hall her Constitution and de-
mands admission into the Union" -
If the organic act establishing Territorial Govern
for Kansas was, contend, enabling then
she is today sovereign tmdependent STATE aud The FEEDER
free, independent sovereign State outside the Unon
and by the consent of Congress"
These, sir, are bold sentiments, daringly ex-
pressed. But when you apply to them the
touchstone of Utah, their monstrous character
their fatal results, plainly exhibited to all
men. Even their authors themselves would
shrink from carrying them out. No more danger
Gus blow could be welded at the authority of
the Federal Government in our Territories than
this. Endorse them by your ratification of the
LcCOIuptOu OOuStltuliOu, lOI WHICH, Lucy dTc luc
chief argument, and you, gentlemen of the OPP
posite side of the House, will be responsible for
the consequences in the other Territory which
you are striving to force back to its allegiance.
In the path that these gentlemen have marked
out for him, Brigham Young can walk, and
doubtless will. With precisely the same ena-
bling act that Kansas has, vote of the people
could be at once taken on the propriety of form
ing State Constitution an election of delegates
L
unanimous vote of the Kansas Legislature, even
over the Governors veto, as the Lecompton act
itself was; Constitution framed, fair and re-
publican on its face; the whole completed within
a very few months and if Congress rejected it,
the rulers of Utah could tell you in the language
of Mr. LAMAR, that they are "no longer Terri
tory of the United States (" that you cannot re-
mand them to their Territorial condition :" that
between your laws and her people she will in
terpose the broad and radiant shield of State
sovereignty;" and, in the language of Mr..
SHORTER, she could declare herself " a sovereign,
independent State" and could demand that :" the
Federal Territorial officers should be instantly
withdrawn"
Do you say In reply, gentlemen on the other
side, that these are speeches of only two mem
bers of your party, and do not bind the whole
! will give you, in addition, the even weighter
declarations of the authorized opponents of your
party, the organs of the Senate and House COM
mittees on this subject, to show you to what
arguments even your champions compelled
in their attempts to yindicate this Lecompton
Constitution
The Senatorial Committee on Territories close
their report with the following summing up of
their argument
ain conclusion this committee is of opinion, that when
a Constitution of new formed State, created out OF our
own territory presented to Congress for admission into
he is M
either approve disaPpTore The Constitution ITSELF and
is yar'oG: P.1ysiSSns o. any mem put simply to see
whether be republican in form; whether the boundaries
proposed be admissible and whether the number OF in
habtans be sufficient to justify independent State organ
zaons." tE
And the gentleman from Georgia, in his report
from the select committee of this body, also de-
clares:
"when new State presents Constitution for adms-
sion, Congress has no more power TO inquire into the
Of its adoption than The of substance.
The be inquired into further than to
that it is republican i form and the mode and manner
See that il has been formed in such way The people
hare Legally established for themselves" -t
To such extraordinary positions do the neces-
sites of this extraordinary case unwittingly hur-
FRY its ablest defenders. We, on the contrary,
who do not believe that Congress is SO powerless,
bereft of legislative discretion, so tongue tied
that it has not even "the privilege" of saying
'no," when State asks for admission, would
meet the application of Utah, did she come here
with Constitution republican in form, with
proper boundaries and sufficient people, as we
meet this Lecompton fraud-by the declaration
that, in the exercise of our power and authority,
we decline admitting you into the partnership of
States, and remand you, for reasons good and
sufficient to ourselves, to your Territorial con-
dition. You, gentlemen, however, will be "estop-
ped by the doctrines you have deliberately
| endorsed; and having ratified the humiliating
declaration of the Senate's report that it is
neither your duty, nor even your privilege" to