Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-03-30
up . the government to Be protected and supported

WeTo or
sanized into communities, and the KaEsas-Nebraska
BIZ tests the fundamental principle Of the two par
ties IN this country. The Kansas-Nebrasks bill
procaime the great principle which vas incorpora-.
ted into the Declaration Of Independence IN l776
when It issued forth from the old Congress Hall in
Philadelphia, blaze Of light and as beacon to
the patriots Of the Revolution 1t asserts the great
principle which was established BY the successful
Revolution Of our fathers What was that? That
these Colonies are free and independent, and have
right TO form their own constitutions to regulate
their own domestic institutions; that they are not
dependent on Parliament; that they are not depen-
dent on the Crown. Reviving the old notion of the
divine right Of kings; reviVing the notion that an
arisocracy, or particular class Of the community,
has right to govern contrary to the popular senti-
ment, they establish the great principle that the
people are sovereign; that the people the source
of power that all government must be derived from
the consent of the governed
What, however is the principle set up by those
who opposed the Kansas Nebraska bill2 Il is that
sovereignty must reside somewhere; that it must
have a Judgment; that 1t must have an abiding
places and they say this sovereignty resides in Con-
gress. If Congress, by the passage Of an organic
Law, can determine the nature and character of the
institutions Of the Territories in the formation Of
their State governments do not The Territories occu~
~ towards the Congress Of the United States, the
same relation that the Colonies occupied to the Crown
and Parliament of Great Britain! The Kansas
Nebraska bill proclaimed in unmstskable language,
that sovereignty resides in The people That is the
difference between the principles OF the friends and
opponents Of that measure.
Nowadays we hear men talk ut-enabiing acts
on the part Of Congress, rs il would seem to develop
sovereignty; and some tells us that Congress has
sovereignty over be Territories vested in it as
trustee say his is rt-Issertng the old doctrine
which our fathers Tepudiated, and on account of
which the separation Of this Government was
brought about from the mother.country. What. sir,
an enabling act to authorize those who are sover
/ eign to make q State Opposition to the Kansas
Nebraska bill is denial Of the exercise of the great
principle that man is capable Of self-g0vernment,
! and has a right TO make his own government. My
honorable colleague, while he voted to incorporate
the misohievOus and unfortunate part in the BILL
then turned round and recorded his vote against it.
thus denying the exercise Of that great principle by
/ the people in their original organic character.
Some gentlemen who argue this question do not
seem to be aware Of the conclusions that naturally
result from their premises. have laid it down as
| 3 rule foF myself thst where ] cannot see results
clearly, where Cannot sec all the collateral issues
that may be brought upi where there is principle
involved, in the language Of that philosopher and
statesman Mr.. Jefferson, in all doubtful questions
1 will pursue principles. In the pursuit Of correct
| principle, you can never reach wrong conclusion.
In this discussion there is involved great principle
"a principle Of free government. We started in
the revolution the great idea that the people are
sOvereigns that the people capable of self gov
eminent, that the people have right to originate
their governments aud determine the nature apd
character of their own institutions. When men get
into Congress, however, removed from the people,
their view becomes cirCumscribed their vision ia
not quite so acute; they do not Discriminate so
nicely in reference to the power Of the peope they
become timid; they dread popular sentiment; they
do not discover the true location of sovereign power
4 distinguished gentleman of this body has inform
ed US that Co1grsss holds the sovereignty Of the
Territories as trustee, that it is here in state of
| sbeyance. The idea of man who can reason from
cause to effect, who can discover the relation and
dependencies Of one thing on another, who under
stand something Of that great law which observes
the relation Of things talking about sovereignty
being vested in the Congress Of the United States,
strikes me, as very singular. What is this Federal
Government! 1t is q government Of derived, Of
limited powers, not possessing single original
power. Can We by any process Of reasoning con.
vert the derivRtive into the pTimtivel Can con-
vert the creature into the ereatorf Whence does
this Government derive its power From the States
It is the agent Of the States, exercising delegated
but not sovereign power, Where do the States de-
rive their. pOWerf From the people. The people
| are the source, the original Judgment of poser
Power is inherent in man now ss in the revolution.
When a State is to be formed you must go back to
4 this original power. Congress cannot impsrt it.
We are LOLO Dy SOME L4AE Bnen q territory uSs
assumed the shape Of an inch0Ate State 1t may Pc
titiou. am noticing these objections in connection
with the bold position taken by my colleague in Op-
position to the people making their own government
and in opposition to the Kansas. Nebraska bill 1t
is said that after the people Of Territory have Or
gained themselves, not as State but in somewhat
of embryo condition, as q State In inoipiency an
inohOate State, they may come here with 8 consti-
tuition in the shape Of petition, and that Congress-
| by subsequent act, may cure the defects, may
overlook tho intQrmalities Irregularities, and ad
/ nit them.
Now, when We come to examine this proposition.
it seems to me its absurdty is striking that those
/ who wish to be right cannot fail to see it. What
can Congress do on this subject? The Congress may
] it is not compelled to do so-admit new States
The grant of power to admit State does not confer
! on Congress power to make a State The Congress
may admit new States, but it has no power to make
one. The idea Of 3 community coming before Con-
gress petitioners and Congress by an act of sd-
mission, overlooking Irregularities and converting
that community into State, is an sbsurdty; it is
contradiction Of terms that cannot be reconciled
Congress cannot admit anything but State; and il
must be State in the technical and proper sense
Of thst term before Congress can admit it, so that
it is not the act of admission that makes il State
The simple act of admission merely makes it 8 mem
Der Of this Union Of States. It must be State be-
fore. Congress cannot admit anything but State
and it is not the act Of admission that makes the
State.
I see that some of the opponents Of the Kansas
Nebraska bill, when hard pressed, when hunting
for power in the Constitution in reference to legs
latiOn by Congress in regard to new States abandon
that old clause they used to rely upon, that "Con-
gress shall have power to dispose Of and make all
needful rules and regulations respecting the terri
tory or other property belonging to the United
States" and consequently can pass laws in refer
encet to territorial governments. They have given
that up; they have abandoned that idea; and when
hard pressed, they now say that Congress, under
the power to admit new States, may make a State
That is reversing al the rules of construction. It
is making the incident much greater power than
the express grant. The argument is that the power
10 admit State implies that you may make it but
it must be State before you can admit it, so that
there is noting in that argument.
When We get back to the original meaning Of the
Constitution, properly speaking, Congress has no
right to legisate in the Territories beyond making
laws for the disposition of the public lands; but
precedent and custom have gone on from time TO
time until we have worn into it. and come to regard
it az a part of the Constitution Nv colleague. with
others in taking their stand against the Kansas
Nebraska bill, did against that great principle
which lies at the foundation Of this Government
that the people are the true source of power that
the people have the right and ought to determine
the nature and character Of their institutions in the
formation Of their constitution Suppose an honest
~.
Tennessee, any Of the older States to Kansas or
any other Territory; he was source Of power in
the State from which he emigrated, and the State
derived 81 its legitimate functions from him as an
item or part Of the aggregation. should like to
know, when he goes into Territory if he does not
carry sovereignty with him? Sovereignty is inbe-
rent in man Man carries sovereignty into the Ter
ritory with him. Congress may give its assent that
certain number Of individusls may erect govern
ment upon its sOil-the fee being here, the power
existing on the part of the Federal Government 10
expe or eject iRtruders and trespsssers That is all
the assent they need have from Congress Man car
ries sovereignty with him and sovereignty is the
essential necessary to constitute q State. When the
people in Territory come to form their organic |
law it is for them to combine their will in the shape
of s constitution; and when they get there, might
say each is part If one entire Whole-the peoples
will the sovereign and soul.
Government emGnstes from them. They are the |
source Of power. A government might beitinerant; |
yet it would be with the people, though it might !
have no abiding place. All that's necessary is the
sssent of Congress- the fee being here and Congress
not havngthe power end the right to eject and ezpel
intrudsrs from its public domain but that which is
essential snd necessary to constitute government
and make State. such State as should be ad-
mitted into this Confederscy, must smapste from