Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1858-03-20
POLL 1fGo.AG.
srEECH oF HON. /. Il. HAMMOND.

Thursday, March q, 1888, the bill fortbe
admission of Kansas into the Onion beino
ppder consideration, Mr.. Hammond ad3
dressed the Senate as follows: ot<
Mr. President the debate which oc-
Cured here in the early part of the last
month, understood the Senator from iii.
nnis Mr. Douglasl to say that the question
OF the reception of the Leoompton constitu-
ton was narrowed down to single point.
That point was, whether that constitution
embodied the will of the people of Kansas.
Am IcorrcctY 'oss - y 50 80
MIR. Douglas The Senator is correct,
with this qualification could waive the
pregularity and agree to the RECEPTION of
Kansas into the Union under tho ieco,nn-
ton constitution, provided / was satisfied
that 1t was the act and deed fetlmt peonle.
and embodied their will Fhere are other
objections; but the others could over
come, If tlnspQint were disposed of.
Mr.. Hammond. II so understood the
Senator. understood that if he could be
satisfied thatthis constitution embodied the
will of thepdople of Kansas, all otherd de-
tects and Irregularities would be cured bv
the, act of Congress, and that he himself
wouh be willing to permit suchan act to
be passed. SO s'&H te&.'. is,3 - ~. ~ ,S la.
- Now, sir the only question with him IS
how is that will to be ascertained ?iand ub.
on that point and tlat llono it is nrobabIe
we shall differ think the Senator fell
antoa Fundamental error in his report dis
Scntlag from the report of the majority of
tue territorial committee, in saying that the
convention which framed this constitution
was q creature of the Territorial sIeaisla.
ture; and froui1 that error has probably
ariscnyall his subsequent errors OH this sub
Jeet. H6@ehn il be possible thdtthc con.
ventions should be theefeature,of a 'rerito-
rial LeSislatufe?' The convention, was nm
assembly, of the people m their highest soy.
eteign capacity, about to perform then
highest possible act of 'sovercichty. The
Territorial Legislature is2a mere provisional
government; apetty corporations appointed
and paid by the Congress of the United
States, without a particleof sovereign now.
or; and yet; shall tlIat Interfere with n
Observation-Disclosures, but still a SOVEREIGN
ty? WhS sir, Congress, cannot Interfere
Congress- canlIot confer on the Torritorial
Legislature the powcrto interfare.. Con.
gfessis not sovereign Congress liasssoy-
ereisn powers, but no sovereignty. Con
gress has no power to act outside ofsthc
limitations OF the Gonstitutionsia no FIGHT
to carry into effect the supreme will of any /
people ifit has not been; eXptessed IN thor
constitutions and, therefore, Congress is
notsoveleigpa sa - ,laGys ~
Nor does Congress hold the soyereianty
.ot Kansas. Tke'sovereignty of Kansas re-
sides If itiresidesanywhere, with the,sove-
reign states of this Unioii They have
conferred upon Congress, among othSrpow-
fers,,tho authority of administering thoir
sovereignty to theitsatisfaction. They have
given Gongtess the power tomtakesneedful to
rules aud regulations regarding the 1Terrs. l
tory; and they have given Congress power
to admit a State, Under these two soye.
reign powers, Congress may first Establish
apfogisiohal territorial government mcrcfy
for municipal purposes; and when a State
has grown into sovereignSy when thatis
ercignty witch bas been keptin obeyaiise
demands recognition, when community q
formed there, social compact cfeated. a
sovereignty born as, il were upoathe soil.
tlien Congress- is gifted with tic power ia
acknowledge that sovereignty and the
Legislature, only by mere Usage, oftentimes
neglected, assists at the birth Of i'll pass.
ing aprecedent resolution assembling
convention.
=, But, sir, when that Convention assemblies
to form Q Constitution, 1t. assemblies in tiie
highest known capacity of a people, aud has
no superior in this Government but a State
sovereignty orrather the State soyereion..
ties OF all the States alone can do anythins
with the net Of that Congention. Then Il |
! that y az Convention ' was lawful If therc is no
objection 70 the Conyentioa ITSELF there
Gnu be. no objectioa to the action OF the
Gohyentions and there Is no powor On oarth
that has q right to inauiso whether tho
Convention 6 prescn ed the Wal Of tic peo.
pie OF kahsss or not. / do not doubt. .tRat9
there might be some cases Of such gross and /
paipable frauds committed in The forniation {
OF conycati0n, as might authorize Con-
grcss 10 inye yestigatc them, but 4 can scarcely |
conrcelye, GO Of any md do not think that /
Soliggess has any other power, when b State
iSIse!ss ut the door for admission, but 70
inquire. If ller Congress is ropublican.
! IN What ! have. sajd be correct, then the +
will o. the people of II ansas Is "a. Be found I
IN the aetion of her constitutional conyeh-
tlon1 and it isnot afosta look fforit any
where else. IL il immateriai wlether.it Isl /
tse VIII Of q minority of the people Of Kan |
sas nov or mott Tho copyention was,s or
ought % have been elected BY a ;aajorlty
q tle people Of Kansas "a convention,
eleefea N April; leay. well frame constitns
tIen that would Hot beiagreeb Il to a,InaiorisI +
" Of the people OF a new Stale. gapidly fill- \,