The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1858-03-17
Speech Of Hon. ]. H. Hammond. of
South Carolina.

ln the Senate Of the United States. Thurs
day, March 4, 1858, the bill for the
admission OF Kansas 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 last month,
| understood the Senator from Illinois
lMr. Douglas to say that the question Of
the reception Of the Lecompton cons,i,u.
ton was narrowed down to a single point
That point was, whether that constitution
embodied the will Of the people of Kan.
sas. Am correct!
Mr.. Douglas. The Senator is correct
with this qualification | could waive
the irregu!arity and agree to the reception
of Kansas into the Uuion under the LIE.
compton constitution, provided was sat
istied that it was the act and deed of that
people, and embedded their will. There
are other objections; but the others |
could overcome, il this point were dispos.
ed OF.
MIR. Hammond. so understood the
Senator. | understood that il he could
be satisfied that this constitution embodied
the will of the people Of Kansas, all other
defects and Irregularities would be cured
by the act Of Congress, and that he him
self would be willing 10 permit such AN
act to be passed.
Now, sir, the only question with him
is, how is that will to be ascer,ained and
upon that point, and that alone, it is pro.
bable we shall differ. think the Sena.
tor fell into fundamental error in his re
port dissenting from the report of the ma.
Jority OF the territorial committee. i'm saw.
ing that the convention which framed this
constitution WAS n creature ofthe territorial
Legislature; and from that error has pro.
ably arisen all his subsequent errors on
this subject. How can it be possible tba,
the convention should be the creature of
Territorial LEGISLATURE The convsn
ton was an assembly Of the psople in
their hignes: sovereign capacity, abou, to
perform their highest possible act Of SOW
ereignty. The Territorial Legislature is
a mere PROVISIONAL government q petty
corporation, appointed and paid by the
Congress OF the United States, without a
particle Of sovereign power; and vet,
shall that interfere with a sovereignty
inchoate, but still a sovereignty WHY,
SIR Congress cannot interfere; Congress
cannot confer on the Territorial Legisla.
ture tue power to interfere. Congress is
not sovereign. Congress has sovereign
powers. but no sovereiynty Congress
has no power to act outside Of the imi,a-
tons of the constitution no right to car
ry into effect the supreme will OF anv peo
pie if it has not been expressed in their
constitution; and, therefore, Congress is
not sovereign.
Nor does Congress hold the sovereignty
OF Kansas. The sovereignty Of Kansas
resides, if it resides any where, with the
sovereign States Of this Union. They
have conferred upon Congress, among
other powers, the authority of administer
ing their sovereignty to their satisfaction.
They have given Congress the power TO
make needful rules and regulations re.
garding the Territory; and they have
given Congress power to admit State
Under these two sovereign powers, Con-
gress may first establish provisional ter
ritorlal government merely for municipal
purposes and when State has grown
INTO sovereignty, when that sovereignty
which has been kept in allegiance demands
recognition, when community is formed
there, social compact created, a sover.
eignty born AS it were upon the soil, then
Congress is gifted with the power to ac-
knowledge that sovereignty; and the Leg.
islature, only by mere usage, often,imes
neglected, assists at the birth OF il bv pass.
ing precedent resolution assembling a
convention.
Hut, sir, when that convention assem-.
bles to form constitution, it assemblies
in the highest known capacity Of a people
and has no superior in this Government
but State sovereignty; or rather the
State sovereignties Of all the States alone
can do anything with the act of that con
vention. Then, If that convention was
lawful, if there is no objection to the con.
ventlon itself, there can be no objection
to the action Of the convention and there
Is no power on earth that has right to
inquire whether ilie convention represen-
ted the will Of the people of Kansas or
not. | do not doubt that there might be
some cases Of such gross and palpable
frauds com mitted in the formation of a
convention, AS might authorize Congress
to investigate them, but | can scarcely
conceive OF any; and do not think tha
Congress has any other power, when q
State knocks at the door for admission,
but to inquire il her constitution is repub.
lican.
II what have said be correct, then the
will Of the people of Kansas is to be found
in the action Of her constitutional conyap
ton, and it is not safe TO look for it an,
where else. 1t is imnaterial whether i
is the will OF majority Of the people
Of Kansas now, or not. The con
vention was, or ought to have been, eIec
ted by majority Of the people Kansas
A convention, elected in April, may wei
frame constitution that would not bt
agreeable to a majority Of the people Of I
new state, rapidly filling up, in the sue