Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1858-03-26
i1oIittral.
SPEECH OF
SPEECH OF
HON. JAMES II. HAMMOND,
OF soUTu cARoLtNA,
on THE ADMISSION or KANSAS.


under the o or ,he admission OF 'ne state
of Kansas IN The Uuion--Mr. HAMMOND said
early rrt ~ ib ist month Twndrrsood ,bo senator
from U,o. NJ D,.,si.1 a. s,g t al ,be ota.tian N
hc reception II he Ter5mpon Consti,ntion was narrow.
cd down 10 a soo point rbat roint was whether that
Constitution ofniodod fc will or hc ueonlo of Kansas
Am correct
Mr. Douqt,sTfe Senator IA corrcrf with tbis anal
Hcaiiou could vaivc ,i ;,,.,I,,t, ,,d ,rree o the
reception of Kansas into tho q ion ,ndor mo Iecoutp
Ian cone,t,,i,n ,r,,iI "A M y ''u e aiU', ~, ' 10 & ~
act and decd on niat nroro and rho1,cd thc;r viii
There arc other ohicetons but tbp o,bcr could over
comc if this point were disp3scd of
Mr. TTAMMoND.-I so uodcrstood the Senator nm
dcrstood that II nc could he satisfied tlat thie Cons
fof embodied the will Of r pooon of ,nsas ali ofter
defects and irregularities coud bo cured in c act of
Congress and that he himself would hc willing 10 permit
such an act To be passed
Now sir the only question i how is that will 90 be
asccranrd and upon that point and that only we shall
diFr- In INV oi1ion tho vii, Of mo pconlr ~ Kansas
40 bc s,urht in tho act of her iaf Convention clrct-
cd to form Constitution. and no whore else; and that
hnk hat tbe senator feil into f1nd.mcntoi error in
his report dissenting from me rcport of the majority Of
thc T,rritor,l Committee whom he said ib1t hr Com
ycntou which framed This Constitution was "tbc creature
NJ mc Territorial oqislaturc and from that error has
probably arisen all Ms snbcfept crrors on h subject
How can IL hc possible that convention should be the
creature of A Territorial Teyislsture3 The Co,ycrfon
was an assembly of the pcouc i'm hcif highest s1ycreru
ctpecit, about to perform noir higbret lo art of
sovcrcrhtv Tho Tcrritorinl Te,isi1nre Il "a mere oro-
yi,ional government; petty corporaon appointed ami
particle of SOVEREIGN powcr Shall that inorfrc with
s1yercinnty-inrohate bit sim soycrrirrtv; Whv
Cougre. connnt Interfere Conrro.s cannot confer ON
hc Territorial frri.laure po,yer to Interfere Congrcss
Il not s,,orcrn Compress has sovrrcirn nners hut mo
saveoiopty Con,rsa h. ma ,oc, 10 ,c, of Tho
limitations Of the Constitufons no r1ht 10 carry into
.n,.t the surreiuc will Of any ncnplr and therefore,
Congress is u t sovereign Nor does Congress hold the
sovereignty Of Kan.as. The sovereignty of Kansas re-
idcs n resides anywhere with thc oyerein states Of
this Union They have conferred upon Congress among
,tber n,,rcrs mo anfhrr Of ,dmnisering such sovcr
cienty 70 their soii.eiion They have given Congress
mo n,wcr Ia mako needfl les and atinns REGARD
n % Tcrri,ories nnd ,bcy b,yc ,i,sr C@nrcss pov,er
20 admit S,ate--'sadnit" =" not create. Under these
tso porcrs C1nrrcss tnav Gr establish a provisional
territorial government merely for municipal purposes;
and when "a state has grown into nghtfu sovereignty,
whom that sovcrcpntv which has been kent I'M allowance
demands rccornit1n whom community is formed there
o1i eor,p,ot rro,fed .,y,rcirutc ,oru ,q il ,vora
unon hc Soil thcn Conre,s is cited with te mower to
h. and tho Ievis furc only hv moro usnre
/ e e,,,tr. i.,t,t i.,. ~ tir,E - q, H.. ,,,s'i,
/ a prccndept resolution assonblnr n Conyrntiou
But when th,t Convention assemblies 10 form a Com
stitution ii assemblies Ina the h1hest known capacy OF
ncoplc and has no superior in this Government but
Safe sorcraiptv or rather the State eovercignes Of
an the States alone can do ANYTHING with the acf OF that
Convention Then If that Convention was lawful II
there is objection the Convention ITSELF there can
i. no ohiaetiou to tho ,cton ~ mo Convention. and
thcre Is no power on earth that has right to inquire
outside Of its acts whether the Convention represented
he viii Of the pcoplq of Kansas or not for Convention
Of the people E according to the theory Of our Govern
mont fr m the ,urroes ,r which Tho ennle elcc,edt
TvE prorlE bona Mo- hcinq the only way in which ali
the pcople can assemble and act together do not doubt
, ttc~o ,i,, h so,, ,sss ~ ,,cb ,,,oss onJ ,aina
/ ~ ~ ,.j w ; ~, 4 t ,i = W.. w 49,. 80 - - - cP,;p Pi;p"
as might authorize Congress 10 investigate them but
ra Scarcely conceive nf anv and do NOT think that
Congress has anv other pover when State knocks at
tho door for admission but 10 iruuirc If her Constitution
4 rcpubican That il enbodes the will Of her pcople
must ry be ,,Len Tor Granted n il Is bcr inyfl
art am ossnn,in, ~ course that hcr boundaries are
/ settled and nor nonnlation sufficient
m what have said he correct then the will Of tho neo
ne Of Kansas s Ia he found in Inc acton Of her Const
tutona Convention II is iunateri, whether IL Is the
viii or r,ai,ry of tho peone of Kansas nor, or not
Tho Convention ;yas or niight have been elected by
majority or tho neopie of Kansas A Convention elect
ed In Anril NAV well frame Constitution that would
NOT he eureenbie 10 majority Of the pcople of new
state odi, Glling nm in tho sucrecliny January. and
f rislaturcs arc N he no,ed IN mat 10 vote tho acts
~ Convention ,nd ,tc, iIed bv s,,beoc,on,
;g,,, ,r i,i,r,nts bsrc is no Fnaity If yo yeyc
~, end b,bI 10 To.o-,non Constif"tior and anotbcr
,y, IN Inc framed il, tc slo,g ,rsv In which e o npbc
sipcss In hs country bcf,rc Il ,yold reach CONGRESS
and o r,ssd ,,cr,ns tho ,,a,rity would h. turned tho
other vnv Whenever vou ro outside Of The regular
s,s ~ i,, ,l ;,,,t;o IN 90 for ,bo viii "a tbc
i wan , % ,,ri in n Sic,noss, Wilderness
I ,f horrns
II tti ,ye minority Constitution do not know that
bat ,,,j bc an oieri{nn to IN Constitions are made
a. ,,iri,ic pyyh,ns r,iror;,ics ougLt tn b,vc he
ibt IN make Co,.,i,ns f,r tbcv arc odninis,ercd
iv n,aiorities The CONSTITUTION OF mis- Government
was made Inv minority and as late as 1870 minority
b,d il In tbcr hands ana r,ud have atcred or abolished
III 6 In IS1 Nh ont Of the twcntysix States Of tho
/ IT,;nn hcil H. nnnnqric, Al ,,aiorit, ~ -
Tbe son1,or rom Tliinois I,s uoon bis Wow ,f tho
rn,on Co,sti,,,tirn and Tho ,rctcnt situaton NJ M
80 IT, ty,g.. .isa1 ~. ~ ..,,.,,ia. .1,..,.i,.,,