The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-05-20

consonant to the principles which ought Il
govern such transactions"
There is where / stand; there ia where thos,
with whom act, in reference to this question
stand; that there can be ne such thing as 81
existing State, organized within the nstiona
territories, outside of the Union, and without
the consent of the Federal Government tina
there can be, under our Constitution, no new
State rightfully organized within United
States Territory, except it be organized in con
sonsnce with the Constitution of the United
States, and with the consent of the Government
of the United States given to such State organ
ization, either previously or subsequently to its
formation, and before the admission of such
State into the Union. That is the position o.
Madison, that is the Republican position. and
that seems to be the position of the gentleman
from Georgia. Sir, other precedents Justify
me in saying that conditions and restrictions
upon the organization of State Governments
within the Territories may be imposed by the
Congress of the United States I speak now
of new States organized within the Territories
of the Union more particularly. do not wish
to speak now of the organization of new States
within the territory of a single State Of the
Union. That belongs to another provision Of
the Constitution, and we have nothing to do
with it in this issue. We have other prece.
dents, sir, for the position we assume Of this
power of Congress to impose limitations and
restrictions upon new States-precedents fur
nished by the action of the fathers of the Con.
stitution.
Biz, there was condition precedent in the
act providing for the admission of the State
which have the honor in part to represent,
and which authorized the people of Ohio to
frame a State Constitution and Goversm ent,
preparatory to their admission into the Union.
That condition precedent was this:
That the Constitution 80 to be formed by
the people of the Territory of Ohio shall not
be repugnant to the sixth article of the ordi.
nance 1881"
What was that article2 1t was, sir:
"That Slavery or involuntary servitude, ex-
cept as q punishment for crime, should be
forever prohibited"
Upon that condition the State of Ohio was
permitted to organize Constitution, and to
come into the Union. The men who framed
that statute, and who voted for it in this and in
the other Hall, did not get this new idea into
their heads, that the people ola Territory might
frame Constitution and organize Safe Gov.
eminent, and demand admission into the Union
upon the simple condition that their Constiu.
ton should be republican. What is a repub!i-
can government? A republican government
is simply government where the sovereign gu
thority is exercised through delegates or repre-.
sentatives chosen by the people. The Congress
of 1902, which provided for the admission of
the State of Ohio, thought that there was some.
thing more thanea republican Constitution to
be framed; and hence they put in the other con
dition precedent, that the Constitution of Ohio
should not be repugnant to the sixth article of
fho oof IL: /. 4
Slavery. Ohio came into the Union under that
precedent; and for six years after her
and by force of this very restriction,
she was denied the privilege of engaging in the
foreign slave trade, which was being carried On
by the original States under the express re SER
walton of the Constitution of the United States.
which authoriz ed that trade until the year | sos
by any Of the original thirteen States.
That same condition precedent was applied
to the State of Illinois, and upon a strict com.
pliance with that condition was she permitted
to come into the Union. The same condition
precedent was applied to the s ate indiana
and without that condition complied with, she
would not have been permitted to come into the
Union. Her people petitioned Congress to re-
peal that restriction, and Congress reported,
through Randolph, of Roanoke, against the re-
peal, and refused to do IL.
Now, sir, On these conditions precedent
might rest this argument; but there is vet an
other of great significance celebrated
oint resolution which authorized the admission
Of Texas into the Union. The whole territory
within the limits of that S .ate-not.
The asserted sovereignty of the
State-was, by q condition precedent set forth
in the act of admission, objected to certain con.
1itions and restrictions imposed upon 30 other
State of the Union. Upon this point chal.
enge contradiction.
What is the general provision Of the Consti.
.ution? Simply that new States may be admit.
Ted by Congress into the Union; also, that fur.
her provision, "that no new State shall be form.
ed or erected within the jurisdiction of any other
State, nor any State be formed by the junction
of two or more States, or parts of States, with.
out the consent in the latter easel of the
Legislatures of the States concerned, as peU
as of Congress-" And what was the condi.
ton precedent annexed to the admission of the
State of Texas? / will read the act, that there
may be no misunderstanding of it. 1t is as
follows:
"ResolUed by the Senate and House of Rep,
resentatices of the United States of America
IN Congress assembled, That Congress doth
consent that the territory properly included
lie of Texas, may be erected into new State,
to be called the State of Texas, with a repub-
lican form of government, to be adopted by
the people of said Republic, by deputies in
Convention assembled, with the consent of the
existing Government, in order that the same
may be admitted as one of the States of this
Union.
{" And be 1! further resoLred, That the fore
going consent of Congress is given upon the
following conditions, aud with the following
guarantees, to wit: First Said State to be
formed. subject to the adjustment, by this
Government, of all questions of boundary that
may arise with other Governments and the
Constitution thereof, with the proper evidence
OF its adoption by the people of said Republic
of Texas, shall be transmitted to the Presi
dent of the United States, to be laid before
Congress, for its final action, on or before the
first day of January, 1916 Second Said State,
when admitted into the Union, after ceding to
the United States all public edifces, forti6ca
tons, barracks, ports and hsrbors, navy and
navy yards, docks, magazines, arms, arma-
ments, and all other property and means per.
tanning to the public defence belonging to said
Republic of Texas, shall retain all the public
funds, debts, taxes, and dues of every kind,
which may belong to or be due and owing
said Republic, and shall also retain all the
vacant and unappropristed lands lying within
its limits, to be applied to the payment of the
debts and liabilities of the said Republic of
Texas, and the residue of said lands. after
discharging said debts and liabilities, TO be
disposed of as said State may direct; but ia
no event are said debts and liabilities to be,
come charge upon the Government Of the
United States. Third. New States, CT conve-
nient size, not exceeding four in number, in
addition 10 said State of Texas, and having
sufficient population, may hereafter, By the
consent OF said State, be formed out Of the
territory thereof, which shall be entitled to
admission under the provisions of the Fed
eral Cons titution. Aud such States az NAV be