Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1858-03-18
dDolitiltal,
SPEECH OF HON. j, II. HAMMOND.
OF SOUTH CAROLINA.

In the Senate of the United States, Thursday,
March 4, 1858, the bill for the admission of Kan
sas into the Union being under consideration.
Mr.. Hammond addressed the Senate as
follows:
Mr.. President, in the debate which oc-
Cured here in the early part Of the month,
/ understood the Senator from Illinois Mr..
Douglas] to say that the question of the re-
ception of the Lecompton constitution was
narrowed down to single point That point
was, whether that constitution embodied the
will of the people of Kansas. Am cor
rect?
SIr. QaVcL4s. The Sepatar is correct,
With this qualification | could waive the
irregularity and agree to the reception of
Kansas into the Union under the Lecomp-
ton constitution, provided was satisfied that
it was the act and deed of that people, and
embodied their will. There are other OBJ
jections but the others could overcome,
if this point were disposed of.
Mr.. HAMMOND. | so understood the
Senator. | understood that if he could be
satisfied that this constitution embodied the
will of the people Of Kansas, all other de-
feets and irregularities would De cured by
the act of Congress, and that he himself
would be willing to permit such an act to be
passed.
Now, sir, the only question with him is,
how is that will to be asccrtained and upon
that point, and that alone, it is probable we
shall differ. [ think the Senate; fal! into &
fundamental error in his report dissenting
from the report of the majority of the terri
torial committee, in saying that the conven-
ton which framed this constitution was a
creature of the Territorial Legislature; and
from that error he has probably arisen all his
subsequent ersors cu shis subject. How can
it be possible that the convention should be
the creature of Territorial Legislature p
The convention was an assembly of the peo.
pie in their highest sovereign capacity, about
to perform their highest possible act Of SOY.
ereignty. The Territorial Legislature is .
1livre provisional government petty opera
tion, appointed and paid by the Congress Of
the United States, without a particle of SOW
ereign power; and yet, shall that interfere
with a sovcreignty-inchoate, but still sov
ereignty? Why, sir, Congress cannot inter
fere; Congress cannot confer on the Terri
,orlal Legislature the power 10 interfere.'-
Congress is not sovereign. Congress has
sovereign powers, but no svverei ignty. Con
gress has no power to act outside of the lin
itations of the Constitution no right to car
ry into effect the SUPP emc will of any people
if it has not been expressed in their constitu
,;el; ard. therefore; Congress is nc: sever
e:gn,
Nor does Congress hold the sovereignty o
Kansas The sovereignty of Kansas resides
if it resides anywhere, with the sovereign
States of this Union. They have conferred
upon Congress, among other powers, the au
thortv of administering their sovereignty t:
tLcir @atiatacion. They have given Congress
the power to make necdful rules and rcgu
lations regarding the Territory; and the.
have given Congress power to admit State
Under these two sovereign powers, Congress
may first establish provisional territoria
government merely for municipal purposes
ind when State has grown !ntocGTc.eignty
when that so7ereignty which hes been KEEP
in allegiance demands recognition, when
community is formed there, social compac
created, sovereignty born as it were upoI
the soil, then Congress is gifted with tn
power to acknowledge that sovereignty; ant
the Legislature, only by mere usage, often
times neglected, assists Of the h;r;;h e It b
passing precedent resolution assembling
convention.
But, sir, when that convention assemble
to form q constitution, it assemblies IN tn
highest known capacity of a people. and ha
no superior in this Government but Stat
sovereignty; or rather the State sovereign
iles CT all the States alone can do anythin
with the act of that convention. Then,
that convention was lawful, if there is no oh
lection to the convention itself, there can b
no objection to the action of the convention
and there is no power on earth that he's
4.sht 10 inqai.e whether the convention reE
resented the will of the people Of Kansas Q