Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-05-01
d. c., SATURDAY. MAY /, 1858.

such issue with the North now, and before any occa,
sion for has arisen; and regret most sincerely to
hear any Senator from the North suggesting that
such an issue will be rendered from that quarter
have been led to make these remarks, altogether
out OF the course OF argument had intended 10 pur-
sue by reason of the unexpected speech of the SEN
ator from Georgia Ion this queston-his extraordi-
nary statements and ayowas, both as to doctrine
and matters of fact have felt necessary, at the
outset of my remarks, to meet some Of them. f
Now, Mr.. President, unless this is to be the inau-
guration Of sort Of saturnaa principle; unless,
from this time forth, there is nothing to be copsd-
cred as established or permanent in this country
unless all the old landmarks are to be remoyed un
less the waters to be let out and all the highways
are to be broken up, 1t would be an easy mattsrthe
most easy task in the world-to demonstrate that
according to all sound principles there is at this
time no application before Congress, with the assent
of the people of Kansas for admission into the Union
as State l do not know whether other Senators
have thought of the question in that aspect not
What is the true doctrine on this subject? ! had
supposed that there could be no disagreement as to
the true principles connected with the rights and
powers of the people in forming State Constitution
but since have heard the speech of the Senator
from Georgia. do not know what principle he
he was particularly Wild shooting ertra fQmndntia
nGnia nlundi, on those high points of doctrine which
he, in some parts Of his speech thought proper to
enunciate. Doe person here deny the PROPOSE
ton, that the people of Territory in the formation
ofa State Constitution are to that hoo
sovereign and uncomfortable, though Still owing
ODeulence 10 tne PROVISIONAL government OF the Ter
ritoryp Will any Senator contend that the Terrific
rial Legislature can either give TO the people any
power that subject which they did not possess
before, or withhold from them any which they did
possess The Territorial Legislature cannot dictate
any provision of the Constitution which the peo-
pie think proper to FORM Who is prepared to con-
tend that Congress do anything more in this re-
spec than Territorial Legslatures II is usual for
the Territorial Legislature when the people desire
to apply for admission into the Union in the absence
of an enabling act of Congress, to pass law pro-
viding for the assembling Of Convention to form q
State Constitution. But that is a mere usage re-
sorted to when Congress has not thought proper to
pass what is called an enabling act What is an
enabling act? Nothing more than to signify to the
people of Territory, that they shall think proper
to meet in Convention and form State Constitution,
in compliance with certain forms therein prescribed
insure fair expression of the peoples WILL Con-
gress is prepared to admit them into the Union as
State I#a Ea a.= .u. @w r
But such an act gives no more power to the people
over the subject of Constitution than an act OF
Territorial Legislature. But suppose the people,
either under an act of the Territorial Legislature
OF Congress, meet in Convention by delegates chosen
by the people, and form Constitution, what then !?
Has it any vitality as Constitution Does it trans
form the Territory into Statep Has it any binding
force or effect, either upon individuals upon the
community Nobody pretends that it has any such
force. 1t is only after the acceptance Of the Consti-
tution and the admission Of the Territory into the
Union as State that there is any vigor validity
in Constitution so formed. Before that time il is
worth more than the parchment on which its pro-
visions are written, far any legal or constitu-
tional validity is concerned.
But upon principle, the people of Territory,
without any act of the Territorial Legislature with
out enabling act of Congress- can hold public
meetings and elect delegates TO meet in Convention
for the purpose of forming Constitution and when
formed il has all the essential attributes of valid
Constitution, formed in any other way. Many
Senators contend that is the naienable and nde-
feasible right Of the people of State at all times to
change their Constitution in any manner they think
1a l,,.sN
the people Of State but in reference 10 the forma-
ton of Constitution by the people of Territory,
there be question to the soundness of this
doctrine. They can form Constitution by delegates
voluntarily chosen and sent to Convention but
what is il worth when il is formed? Nothing at all
until Congress shall accept it and admit the Territory
into the Union as State under that Constitution.
IL worth no more in that than in the case of
Constitution formed under Territorial act or an
act of Congress; but it is worth just as much
The honorable Senator from Georgia says that the
special message of the President this subject will
stand a lasting monument Of his patriotism bold
ness and adherence to the high principles Of const-
tutional justice and right. say that according to
The doctrine Of that message the people Of Terri.
tory have the right at any time TO meet voluntarily
in Convention, in mass by delegates and TO form
Constitution; and when so formed, that in virtue
Of the same powers of sovereignty the subject
they alter change il, OF form a Constitu-
tuition at any time before Congress shall have ad.
mittcd them into the Union a State, under the
Constitution as first formed and adopted in Conven-
ton.
/ know that the honorable Senator's argument
upon this point was mixed up with qualifications
such that this of sovereignty be exercised
in regular forn-that cannot assert that he has ad-
mitted the principle have laid down; but others
have; All agree that no Constitution formed by the
people Of Territory, whether formed in way or
another, has any validity binding force until the
admission Of the Territory into the Union as a State
under II. Then, according 10 the admitted principle
that the people Of a Territory have a right TO form
Stntp ranatitutian with prt tritbnut
Of Congress- with without any act Of the Terri
torial Legislature where is the limitation or restrc-
ton upon the power Of the people Of Kansas TO
change OF wholly set aside any Constitution formed
by them at any time before Congress shall have ac-
ceptcd it2 Gentlemen say that the Lecompton Con-
stitution was regularly and fairly formed, under
the provisions OF an act OF the Territorial Lcgis.
lalure Let all this be admitted TO be true, as
stated-what iollowsg Have the people lost all
power over the Constitution so formed, before il is
accepted by Congress2 Suppose the people Of Kan
sas should become dissatisfied with the Constitu.
ton they first agreed upon, and should desire to
change some Of the features of it, or 10 frame
new one, before the one first formed has been pre-
sented 10 Congress, or If presented, before any
ton has taken place in regard 20 Il could not the
people, either before the presentation, or between
the presentation TO and the acceptance by Congress
through the same regular forms in which the Con-
stiu0n was originally formed-that is 10 saw under
act Of the Territorial Legislature-dec to set
aside or reject the Constitution which had been pre-
viously formed, and proceed 10 form a new onet |
should like any honorable Senator 20 state why they
have not ample and complete power over the shoIc
subject until the last moment before the admission
Of the Territory into the Union State and this
upon every principle Of sound doctrine and constu
tional law known 20 this country Certainly they
have. Now, take the case Of the Lecompton Consd-
tuition. Admit that it was regularly formed, as gen.
tlemen contend, and that il will not do TO look into
any frauds nor any conrivances that may have been
resorted 10 IN it's formatonsuppose it 10 have been
formed with all the regularity and fairness that they
insist i hashaye the people, in that case, tied
UP their hands, have they so fytered their inaena-
bic right aud power the subject Of their form of
government that they cannot alter REFORM or abolish
it--that il must stand as il originally formed,
until Congress shall have passed upon it, accepting
or rejecting ity
The idea Of the President is that when Territory
is once prepared for admission into the Union by
the formation Of State Constitution, the Territorial
Legislature has no power over IL.
That is not the question. The question is, have
the people Of the Territory the power this Con-
stitution and have they exercised it, The Legisa-
ture elected in October did proceed 10 provide for
taking the sense of the people in regard TO this Con-
stitution with the same regularity, and with fair
ness less questionable than that Of the original elec
ton of delegates to the Convention which formed the
Lecompton Constitution, and the people have decided
by an overwhelming majority against that Constitu-
ton.
say, therefore, that when you come to examine
this question on every principle connected with the