The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1858-03-12
IS MINNESOTA A STATE.

Mr.. Critsenden presented 10 the Senate, on
the 10th ult, letter from General Shields,
Senator elect from Minnesota, demanding
admission TO his scat. Mr.. Crittendcn sus-
tanned the demand. The letter, says cor
respondent, Is mainly m nrgumept-an elnb-
orate and able one--in supportof the demand
put forward. II Is shown that Minnesota
under the provisions Of the enabling act, had
the express permission Of Congress to or
ganize herself as State, with a written con-
stitution aud a government chosen BY the
people; that Minnesota affected such an or
ganisation, thereby placing herself upon an
equal footing with nll other States; that the
right Of her senators and representatives TO
their seats In either House of Congress Is,
therefore, incontestible. Crittenden fully con-
Cured in the application, and in the argument
by which 1t was sustained, and expressed his
intention Of moving that the oath Of office be
administered to Shields, and that he be per-
milted 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 ofndmitting her
senators and representatives to their seats
So was Indiana; and the first senators and
representatives from Michigan and Tennessee
were admitted to their seats 10 advance of the
formal admission Of their respective Statess-,.
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 q
new phase Of the relations which subsist be-
tween new State organized out of the
United States territory aud the United States.
These relations have never been satisfactorily
determined. On the application for ndmis-
sion Of each new State, Congress has acted
from motives Of expediency, thereby putting
on the record inconsistent or contradictory
preredents. The modes of admission are
various but the right of admission, notwith-
standing the seeming absoluteness of the
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
Df demarcation between a State which is or
ganized under an enabling act and State
organized by convention not authorized BY
Congress. In the former case, it may be held
hat Congress gives its assent in advance to
he admission the new State into the Union,
m the condition that the enabling act is COM |
lied with. In the latter case, the constitu. |
ion formed is dead letter until Congress,
y its sanction, imparts validity and force to
!; and the government Instituted, or rather
omlnated, cannot presume to go into opera
on under penalty of treason, unless with the
xpress permission of Congress. ANY other
ypothesis would imply squatter sovereignty
An equality of rights and powers between
'rrltorles and States-a hypothesis which is
variance with the constitution and the laws
nd usages of the government, and also with
xIsting facts. Whatever breadth of inter-
relation may be given to popular sovereign.
' in the territories, it cannot be construed as
'ndering the territory from the beginning
ne peer of oil the States. Even Douplas. the
'nding expounder and propngandist of pop
lar sovereignty in the territories, maintains
nat it must proceed in subordination to Con.
ress, or, in other words, that no such soyer.
gnty exists, for sovereignty implies supreme
over. The debate on Shields letter, turned
pom the points as to whether the question
as one Of privilege. The administration
zen commended it was not, and Johnson. of
rkansas, moved to lay the whole subject on
lie table. There were twenty. two votes in
he affirmative and twenty. six in the negative,
lie national democrats, including Polk and
re"n, voting for the motion. The Republic
ms and Americans, together with Benjamin,
roderick, Gwin and Douglas oted against
re motion, which was defeated by majority
four-the four named. Stewart, from
Iichipan, declined to vote because he consid-
red Johnson's motion parliamentary"
IMPORTANT FROM WAsHISGros.-Th New
DIRK Herald's correspondent says: During
'e discussion of the appointment of Mr..
ook as postmaster of Chicago, Mr.. Douglas,
is reported, declared on his word of honor
nat Cook was personally and politically dis
onest and man of neither reliability nor
naracter for any position under the Govern.
lent.
The Tribune's corrasnondont s,rs, 7. :.