Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1858-03-17
SPEECH OF HON. J. H. HAMMOND,
Of SOJTTH CAROLINA

Z, VA
Kansas into the Union being under consid-
Grafton.
Mr.. HAMMOND addressed the Senate as fol-
lows:
Mr.. President, in the debate which occurred
here in the early part of the last month, un-
derstood the Senate from Illinois [Mr. Douglasl
to say that the question of the reception 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 correct 2
Mr.. DOUGLAS. The Senator is correct, with
this qualification: could waive the Irregular
ty and agree to the reception of Kansas into the
Union under the Lecompton constitution, pro-
yided was satisfied that it was the act and
deed of that people, and embodied their will.
There are other objections; but the others
could overcome, if this point were disposed of.
Mr.. HAMMOND. so understood the Senator.
I understood that if he could be satisfied that
this constitution embodied the will Of people Of
Kansas, all other defects and irregularities could
be 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 ascertained? ? and upon that
point, and that only, it is probable we shall
differ. I think the Senator fell into funda-
mental error in his report dissenting from the
report of the majority Of the territorial commit
tee, in saying that the convention which framed
this constitution was 4 creature OF the Terrific
rial Legislature and from that error has pro-
badly arisen all his subsequent errors on this
subject. How can it be possible that the con,
yention should be the creature Of Territorial
r Nla assembly
of the people in their highest sovereign capaci-
ty, about to perform their highest possible act
Of sovereignty. The Territorial Legislature is
q mere provisional government; petty corpo-
ration, appointed and paid by the Congress of
the United States, without particle OF soyer-
eign power; and yet, shall that interfere with
a Observation-Disclosures, but still sovereignty?
WHY. sir, Congress cannot interfere; Congress
cannot confer on the Territorial Legislature the
power to interfere. Congress is not sovereign.
Congress has sovereign powers, but no sover-
eighty. Congress has no power to act outside
of the limitations of the Constitution; no right
to carry into effect the supreme will of any
people if it has not been expressed IN their con-
stitution; and, therefore, Congress Is not SOW
ereign. =.
Nor does Congress hold the sovereignty OF
Kansas. The sovereignty of Kansas resides
it resides anywhere, with the sovereign Sts ~
of this Union. They have conferred upon
eress among other powers, the authorit
administering such sovereignty to their S:
faction. Fhey have given Congress the 70 -
to make needful rules and regulations reg
inc the Territories; and they have given %.
press power to admit q State. Under these
sovereign powers, C.ngress may first estai
a provisional territorial government merel:
municipal purposes; and when State
grown into sovereignty, when that soverelt
which has been kept in obeyance demandssre-
cognition, whena community Is formed there,
q social compact created, a sovereignty born as
it were upon the soil, then Congress is gifted
with the power to acknowledge that sovereign
ty; and the Legislature, only by mere usage,
oftentimes neglected, assists at the birth oi 1t
by passing precedent resolution assembling a
convention.
But, sir, when that convention assemblies to
form constitution, it assemblies in the highest
known capacity of people, and has no superior
in this Government but State sovereignty; OF
rather the State sovereignties OF all the States
alone can do anything with the act Of that con-
yention. Then, if that convention was lawful,
if there is no objection to the convention itself,
there can be no objection to tue action OF the
convention; and there is no power on earth
that has right to inquire whether the conven-
ton represented the will of the people of Kan
sas or not. / do not doubt that there might be
some cases of such gross and palpable frauds
committed in the formation OF convention, as
might authorize Congress to Investigate them,
but can scarcely conceive of any; and DO
not think that Congress has any other power,
when q State knocks at the door for admission,
but to inquire if her constitution is republican
IF what have said be correct, then the will
of the people of Kansas is to be found in the
action of her constitutional convention, and 1t
Is not safe to look for it anywhere else. 1t is
immaterial whether it is the will OF majority
of the people Of Kansas now, or not. The con-
vention was, or ought to have been, elected by
n majority of the people of Kansas. A conren-
ton: elected in April may well frame consti-
tuition that would not be agreeable to MAORI
ty of the people of new State, rapidly iiillns
up, in the succeeding January; and if Leglsla-
lures are to be allowed to put to vote the acts
of convention, and have them beaten down
by subsequent influx Of emlSrants,, there is
no finality. II you were to send back the Le-
compton Constitution, and another was to be
framed, in the slow way in which we do public
business here, before it would reach Congress,
in another year, perhaps the majority would
be turned the other way.
Sir, whenever you go outside of the regular
forms of law and constitutions to seek for the
will of the people, you arc wandering in viii
derness-s wilderness of thorns. II this was Mi
nority constitution donot know that that would
be an objection to it. Constitutions are made
for minorities. Perhaps minorities ought to
have the right to make constitutions, for they
are administered by majorities. The Constitu-
3 ton of this Union was made by aminority, and
rs late as 1910, minority had it in their hands,
and could have altered or abolished 1t; Tor IN
1910. six out of the twenty-six States OF the
Union held the numerical majority.
The Senator from Illinois has, upon his view
of the Lecompton Constitution and the present
situation Of affairs in Kansas, raised the cry of
nopular sovereignty. The Senator from New
York [Mr. Sewardl yesterday made himself
f,ceti Ills about it, and called it "squatter SOW
ersianty." There is popular sovereignty
which Is the basis Of our Government, and
am unwilling that the Senator should have the
benefit of uniting squatter sovereignty with
nonular sovereignty Sir, in all countries and
! +, nI, time it is well understood that the nu-
,ner;cal ~ majority of the people could, if they
chose, exercise the sovereignty OF Tue country
but for want of intelligence, and tor want OF
leaders, they have never yet been able success
fully to combine and form popular govern
ment. They have often attempted 1t, but 1t
has always turned out, instead OF popular
.an,ro;gntv populous sovereignty; and dema-