The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-02-24

L
ventinn, constituted in obedience to au
enabling act of Congress previously Civ
ing assent, is a cons itutional body of
men, witls power and authority to insti-
/ tute government but that convention
assent bled under an act of the Territorial
Legislature, without the assent of Con-
gress previously given, has no authority
to institute government. 1t has power to
petition; it may put its petition in the
form of constitution; and when it comes
here we are at liberty to accept or reject
that petition.
This was my position in regard to the
effect of an enabling act. l then went
on to show that, there having been no
enabling act passed for Kansas, the Lee
compton convention was irregular. |
argued that it was not an unlawful assem-
blage, but might present a petition to us
in the shape of cons tuition, which we
should be at liberty to accept or reject,
as we pleased. 1t was a convention au-
thorizedto petition, but not to establish
or institute government.
was aware that in the history of this
Government some new States had been
admitted without the passage. of an ena-
bling act by Congress in the FIRST instance.
| must be permitted, however, to spoil
the effect of one or two Of the Senator s
cases-those upon which be dwelt with
the greatest pleasure. aud most satisfac-
tion to himself Hefells ustbere was no
enabling act for Michigan. If the SScna-
tor will look back into the history OF
Michigan, he will find that the authority
existed under the old ordinancesof 1887
That ordinance, which was the organic act
of Michigan, provided that the North.
western Territory should be divided into
not less than three nor more than FIVE
Statee and each of those States was, by
the ordinance, authorized to be formed
aud admitted into the Union when it
should have sixty thousand Inhabitants.
Thus enabling act was Incorporated
into the ordinance Of 1877 for the five
Northwestern States. 'fhis IS the reason
why it vas not necessary that there should
be enabling act for Michigan, nor for
Ohio, nor for Indiana, nor for Illinois nor
for Wis onsin.
Next with regard to Tennessee. The
Senator quotes the names of Washington
and Jsckson-nanes that raise thrill
of patriotic feeling In the. bosom of every
American when they are mentioned, aud
yield the tribui esof our approbation.-
How was it with Tennessee2 The Sera-
tor sa ys it was the first new State admit.
ted WITHOUT an enabling gsact Tennessee,
when cut off from North Carolina ard
formed into a Territory knowu as the
Southwestern Territory, was organized
into a territorial government by an act of
Congress, which extended to it all the
provisions of the ordinance of l7S7, ex
cept The slavery clause. Thus, tue ter.
ritoriai organic act of Tennessee contained
within Itself an, cuabing act, DECLARE 9
that the people of Tennessee shonla have
authority to form constitution and state
government whenever the Territory should
have 60 eco inhabitants Being thus
authorized, she Legislature of Tennessee
took steps to fad out when they had the
sixty thousand Inhabitants When they
aseertained that fact by census. they
called asconvention to form a Constitu-
ton. When they applied to Congress
for admission, President Washington,
in that beautiful letter which the Senator
read. referred to the fact that in the act
organizing the Territory of Tennessee
there was an enabling clause, guarantying
to that Territory the rivht to come into
the Union whenever it should have sixty
thousand inhabitants.ss The Governor of
the Territory having furnished the evi-
dence showing that there were then sixty
thousand inhabitants IN Tennessee, accor-
ding to the census, that people had right
to come into the Union on an equal foot
ing with the original States These facts
dispose of the alleged example of Wash
ington and jackson, for they show that
in the very case in which both acted, the
the assent of Congress had been previous
iy given.
| am aware that in the Florida case
aud in other cases there was not.an ena-
bling act in the first instance The rule
upon which we acted was, that, although
this was an irregularity, it might be
waived or insisted upon according as we
thought public policy and public duty re-
quired-I took that ground in my speech I
last week. l said further that, where an
enabling act had been passed and con
vention had been organized in the manner
provided for, it was constitutional
convention empowered to institute gov
ernment; and hence stood on different
footing That distinction has been clear
ly taken, elaborated, and established by |
If he is right and l am right in this argu-
neut, it follows that the convention which
met at Lecompton and formed constitu-
tion was not a body properly constituted I
aud empowered to Institute government,
for the reason that it had not the previous
authority of Congress, but was merely an
asse.nblage of citizens regularly collected
for the purpose of petitioning for change
M
State government, and when that petition
comes here we shall be at liberty to ac-
,ept it or to reject it, to dispose of it as
Se may see fit.
Again. sir; the action of the convention
shows. it my Judgment, clearly that they
-ook the same view of the subject for [
must still insist that the convention did
lot assume that they had Alright TO insti-
ute government by virtue of tue power
sbieh th y possessed, but only to frame
TO be submitted to the peo-
lie, aud go into operation when ratified
rbe Senator thought was mistak en- in