Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-04-10

United the Constitution nothing upon the sub
ect except that Congress admit States And they
have any inherent by the they have all power
in other words revolutionary ground and not legal
ground 1t to confound right by law under the Constitution
with the natural right mentioned in the Declaration of Inde
Pendence Of people alter and change their
suit themselves But not dealing with revolutionary but
with legal rights Welve and under the Constitution
and to that is the ultimate criterion of legal rights; it
our embodiment Of natural right in living practical form Of
government; beyond recognise natural
Of legal right and he who deduce his claim right
under has none submit therefore, that by the law Of the
United States the people Territory have original right
authority to form State government No public Of po
such proposition distinctly Tie distinguished head Of tie State
Department. has fallen into expressions which imply
he has hasened to repe the Inference but in his haste has
volved himself and his opinions in nexpcabe perpexy and
mygtifcation, whence nothing rescue him. a'
Ihen if there be inherent legal right the people Ter
toy form State government how is it be accompshed
They must form it Congress do for them; yet Con
gress the only legal authority the only Of law for the
Territories Where then does exs9 maintain that
legal authority asserted Of Or essential proceeding for
Territories the eye of the law of the
United States The Supreme Court which State gen
emen regard ultimate arter upon all questions
has settled other things besides the relation of slavery the
Territories and among them has settled that Congress alone
the Territories the clause which authorizes
them make all need rules and regulations the Territory
OF the United States under unwritten clause implied by
from nowhere because State the view the Constitution
Of the United States body of people within particular
s s Ts2R RR s9 @ s U1d @
territory have right to to themselves without
sent any portion it. State involves the idea Of certain
the people Territory without the assent of Congress
they cannot make themselves State without the of Con
gess take any steps towards essential existence
which exclude the control of Congress Congress- it true
cannot make constitution for Territory 1t only throw
around the people of Territory legal protection authorize them
proceed and give them the guarantees of law in their proceed
ngs but beyond that aPprehend Congress do nothing and
excepting Congress nobody do that What wish here
maintain is that that the fundamental principle of all the egis
aon of Congress upon that subject All the history Repub
lie in its favor it has all authority in its favor and there
no precedent which raises doubt against it.
Now ask the attention of the Committee very briefly the
fOda Aao1 nfr
temen the other side They have been willing
the controversy with their opponents the question Of fraud in
bona expression of the will of the people They have insisted
that these things concealed from them by of legal
dress myself .... .'.Hr ..... ..ra.
In the absence therefore, any special Congress- author
of 1854 Does confer on the
roral Legislature power to call convention to form cons
tutiona
There have been many States admitted into the Unon and
under diverse circumstances but much the greater number of
authority of laws of Congress And sir you will perceive
oncef the authorcan only from Congress to take the
initiative stepshat it mmaterial whether that authority be
contained in the organic act or in special act In either
authority that they exercising In every instance
authority give them And therefore, comes exactly
the thing whether there enabling authorize
the Territory proceed to form State constitution and govern
men whether the authority given under its organic
This can never be judicial question: but it is settled by every
and Maine and Texas have been admitted the Union
has been enormously stated without precedent legislation
1t would not affect the arguments for they
Territories of the United States But the assumption is hsto
cay Vermont went through the Revolution without
any defined relations the other colonies claiming ndepend
the time of the revolution under colonial
and State, by its inherent power it acceded and
adopted the Constitution of the United States exactly as the
other States did, 1t of the formation of
Territory of the United States Texas likewise indie
pendent republic acknowledged by the United States and
wards received into the Union Kentucky proceeded under
law of the State of Virginia whose Territory then and
that authority formed Its constitution and admitted into the
Union Maine proceeded under the authority of law of Massa
chusets whose Territory and by that formed its
State government and was admitted into the Union.
But the argument eveant for the question whether
Congress its discretion recognise constitutions formed by
the people wSo@ authority of law but whether Territorial
Legislature point Of taw authority to egase the election
Of convention to give the convention itself legal existence
vest with legal power to bind not merely the people but the
Congress- No denies the power of Congress admit Ten
and Florida yet body asserted legal validity
in their proceedings before admission
The language of the organic and the proceedings of Con-
gress thereupon decisive ..'
The Territories divide themselves into great classes In
Ohio, Illinois, Indiana Missouri Mississippi Alabama Arkansas
and Tennessee, and Michigan, the Legislatures had power
make laws in all cases. for the good government of the people of
the said Territory not repugnant inconsistent with the Con-
stituion and laws of the United States
In Wisconsin, Minnesota Oregon Florida Iowa. the power of
the Legislatures declared to exendin the identical words
of the Kansas Nebraska all rghu subjects of egisa-
States.