The Washington union., 1858-03-10


authority Of Congress legislative act 10 frame
stitution ee Statutes Of California page ~ sections
j. o, and ~ fN
From this statement il will be seen sir that in four
teen States constitutions formed by conventions
and went into operation without any submission what
ever to the people rl
In fifteen States conventions in obedience 10 the law
convcning them directed the submission Of their const
tutions TO the people and in only two States viz Flor
ida aud California conventions submitted their constitn
tions to the people without being required by law to
do
But, considering the very peculiar circumstances at
tending the formation of the constitutions and State gov
crnmcnts of these States Florida and California they
can hardly he regarded exceptions to the rule and
practice of conventions viz submitting constitutions
only when they expressly required by law TO do
In the of Floda the constitution submitted
TO Congress February 20, 1882 and it not admitted
las State until March 3, lst5 This delay occasion
ed by the great diversity of opinion which existed in the
Territory to whether application should bc made at
that time for the admission of the Territory State,
to postpone the application until their population would
authorize them to ask admission for two States Fast and
West Florida into the Union 1t was this difference of
opinion ms appears from the proceedings OF Congress from
1889 to S45 which postponed its admission for long
time The submission of the constitution to the people
not intended merely &c alb for the purpose of
curing their ratification of its provisions but for the pur
pose of ascetainng whether they desired at that time
to make application, under the constitution submitted to
them for admission into the Union. The vote on this
question very nearly equal The difference between
NanSaS, IN Is very marker
one in Kansas the Of the people as to whether
they desired admission into the Union, taken before
the assembling of the convention, and in Florida in
different FORM after it had framed a constitution
And with regard TO California the necessity of
submission existed in equal if not greater degree At
the time of the formation of the constitution of that
State California not organized Territory of the
United States but conquered country under military
government The convention OF delegates to frame
stitution called not by any legal or any duly author
lied body but by order of the military governor and
under such circumstances ii became indispensable
cessty that constitution framed should be ratified by
the people in order to impart validity to it Congress
could not otherwise be expected TO entertain their arp
cation for admission
III the OF Kansas, also II must be observed that
r from the convention being instructed by the lcgis
laturc to submit the constitution they might frame to the
people for teir sanction the may fairly be
inferred from the fact that the act provide for the
election of delegates TO the convention vetoed ,v
Governor Gcary, because he says in his message re-
turning the BILL ''t failed to make any provision to sub
nit the constitution when framed, to the consideration
of the people for their ratification rejection And
yet, cir, the act passed this veto by two
third vote Certainly, then after this expression of
the legislature of Kansas and the long line of prcc-
dents TO which it might refer, the convention might
fairly consider itself justified in submitting submit
ting the constitution TO the people, in its Judgment at
the time might be considered most expcdcnt From
these facts is not, ask, the inference plain and rcsis
bic that when the people speaking through their repre-
scntaves desire such submission they provide it
and that, when they do not provide for it, convention
consider IL for it to do what the law
which called it into being did require OF expect it TO
do II c.l,rot be said in any where this was not
required, that il oversight. Ihdt would he doing
great injustice to the legislatures of the States aid the
learned men who participated IN THE formation Of their
several constitutions
Again sir will ask the attention of the senate to the
'jont resolutions of Congress for king Texas the
United States approved March ls45, for the purpose
of showing the opinion entertained by that body on this
question of submission This ont resolution declares
that
Congress doth that the territory properly included Within
state raxas with republican form OF
government to be adopted by the people said republic by
, this Union.'
Not word is here said about submission to the pco-
lit, notwithstanding there that time probably
much difference Of opinion ON some subjects i'll that
republic as now exists in Kansas others
Again in the resolution providing for the admission
of the State of Missouri ION certain condition, APP
proved March 2, 1921 such submission deemed
necessary This condition was accepted not by the peo
pie of Missouri but by the Legislature of the State by
solemn public act declaring the this State to the
Fundamental condition contained in the resolution of
Congress-, and approved June 26, 1921 This act of
the legislature accepting the fundamental condition. y
which then became part of the constitution Of the State
deemed an acceptance by the State and the Pres-
dent of the United States the 10th of August, 1921
isstied his Proclamation declaring the admission of Mis-
sor complete according to law. and il became one of
the States of the Union.
We have that equal number of the States
of the Union the Congress of the United States and the
President MIR Monroe, have not regarded submission of
constitution to the people for their approval
sary to give it validity. Let ask attention the
action the Territorial Committee this body and the
Senate this very question The distinguished senator
from Georgia. MIR. TooMs, the 25th of june, 1856
submitted to the Senate bill for the admission of Kansas
"a State which referred to the Committee on
Territories, of which the distinguished senator from II
linois Mr.. DouGIAs chairman The third section
of this bill contained the following provision
That the propositions be, hereby offered
tho sail convention Of the people Kansas when
free rejection which, accepted tho
ratified by the people the election adoption
stnon shall be obligatory upon the United States
Of Kansas
But, sir, when this bll known as the 'Toombs BILL y
reported back to the Senate, the words sand ratified
by he ieqie o Ne election for The adoption Of The constitution
were stricken out and the bill as amended passed the
Senate every democratic member present voting for it
except one.
And Mr. President, in view of these facts may not
say that if the convention of Kansas did in the
spcct of not submitting their whole constitution for pop
uar approval it has, nevertheless done to popi-
tac the spirit OF popular sovereignty by submitting
important provision in it, than fourteen States of the
Union, whose constitutions in whole in part have
received, by vote, the sanction of the people and
submit that its rejection that account at this day
would be most cruel and unjust
If misguided men in Kansas neglected the opportunity
presented by such submission to exhibit their majority,
and, by their refusing To vote gave easy victory to
their opponents ty which obnoxious provision in the
constitution has been retained in it, which they might
have stricken out) they have to complain of but
themselves aud the bad advisers who directed and
trollcd their action.