Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-03

in the new State, he had an opportunity to say 50
BY his vote; and if on the contrary, he thought il
unEise and inexpedient to establish it there he had
the right and the opportunity to say by his vote;
and whatever might be the verdict Of the majority
was to be the fundamental law, until changed BY
the competent authorities. On the day fixed BY Law
for the election, majority Of the votes which
cast decided in favor Of African slavery.
It is said that only minority voted, and that the
will of the majority was not thereby expressed
hold sir, that no man has any legal authority for
coming to such a conclusion. But let US admit for
the sake of the argument that it is trUe are we to be
thus trifed with? Are we, By our action here, to
await the pleasure caprice of factions and dsor.
Derby men, who have shown by their conduct that
they are ready and willing to hazard not only the
peace Of the Territory but the peace and quiet and
safety Of the whole country by their disregard for
laWy Suppose, sir, that were to act thus in this
instance; what would be the effect of our examplef
Shall we say, because a portion of our people-a
majority Of them, if you please-Were to refuse to
vote at all on our election day for President or 9TH
er onoers, that therefore we are to let the Govern
ment stand still, and await the Whims Of such men
SIR, 1t IS doctrine which strikes at once at the
very root Of popular government If they did not
see proper to vote it not because an opportuni
ty was not presented. For my part, sir, l am sim
in the belief that the refusal of the Republi-
cans and AboliODiss to vote but in obedience &c
the instructions Of tbs friends in the States who
desired this question kept open in order that thew
might still further nAame the public mind and thus
the more certainly advance their own selfish ends
believe this to be true sir and have no hesita-
ton in so declaring.
But, sir passing from this part Of the subject, 1
ask what is the the question 10 be decided by this
Congress? Is it, shall we admit Kansas as a State
at once, and thus forever settle this question, and
take away from sgitstors their only source of ex
element and discOntentI Or shall we refuse her
application, give new energies 10 the enemies Of
popular liberty, and endanger again the peace and
quiet Of the country? As for myself, l have no
hesitation in coming TO a conclusion. l would ad-
NIT her at once State, terms Of perfect equal
iy with the original States; give her place in the
bright constellation, and hail her sister worthy
Of our kindest and tendeTest solcitude
would rescue her from that band Of laWless marau-
ders who have grown fat upon her blood, and made
themselves happy in her desolation. would place
her where she, in her own power, and clad in her
own garments Of sovereign sFength can protect her
people from outrage and wrong without the help of
Federal armies, or Federal power. But, sir, when
these things within reontrol; when we have it
in power to relieve ourselves from all the Difficult
ties which have incumbered us since 1854 with re-
gard to this question, we are startled with the an
nOUncement that it must not be done because there
has been no enabling act. That the Black Republi-
party should have taken this position would
have astonished no man; for it was expected that
that party would assume any position, however IN
tenable, unWarranted, ridiculous, to Cripple the
energies of the Administration an thus better their
chances for the succession. say, sir, that we ex-
pected their opposition. We have long and patient
ly endured their insolence and borne their misrep-
reservations, and have expected their opposition
But was not prepared to look for opposition in
some quarters from which it is coming. / confess
that was little surprised when It was announced
that the admission Of Kansas into the Uuion was to
be resisted, and one reason that was assigned was
that Congress had failed TO pass an enabling act
When the admission Of California into the Union
under consideration in the Senate Of the United
States, this objection was urged against that
measure. But distinguished Senator TSIr. Doug
las met the objection in a speech of great power
and eloquence, a portion of which was ably COM
mented on by my friend from Mississippi TMr
Lamar give portion OF that speech because it
contains arguments applicable to the present oues-
ton, which are, in my opinion, the best answer to
that objection that can be given. I commend them,
and the whole speech, to those members who have
urgedthis objection to the admission of Kansas.
The Senator said
"Surely you will not punish the people Of California for
your own sinsSins of omission, if MT Of commission
The people Ct California were entitled 10 government
ought to have had one and is not their fault that one
not given 10 them Nor was It my fault Il will be
recOeced by every Senator presen-aud trust the fart
will not be forgotten by the cOuutry-that more Than one
year ago, in December lS4s brought in bill to author
ze the people Of California to form constitution and
S8te government ana 10 come into the Union. Had that
bill passed. the proceedings would have been regular
Everything then would have been prescribed BY law and
done according to law, that the most fstidOus could
have found nothing to complain Of The people of Cafor
MA would then have done in ObedenCe to law precisely
what they have done without law The previous assent of
Congress would have been given; the qualification Of
voters defined; the mode of conducting elections Ipre
rbsd the time and place for the convention to assemble
fixed and in short al the rules and forms Of proceeding
would bave been established by law according to the most
approved precedens pressed the passage of that bill
upon Congress during the whole Of the session from
he fist week until tbs last day. BUTT failed and why
The arguments urged against we're among Others that
it unnecessary there satisfactory evidence that
the people Of hat country desired III and it they did they
could from their constitution and present themselves for
admission at this session without act Of Congress
hOrZDg Just as well as with. PTecedents were referred
to for The purpose of showing that such law wholly
unnecessary, the of Vermont Tennessee Maine
Michigan, and perhaps Others where nothing the KIDD
required. Well, the bill defeated and the pe0-
D e California acting upon these suggestions and re-
ng 1p0n the pre- tents cited have fJrmed tution
PRESENTED themselves for admission Nov they are to
be told that hey cannot be received because Congress failed
such law, and the proceedings irregular with
out it, do not precisely understand what BY the
irregularities OF these proceedings. have examined the
precedCns in all the in which States have been
admitted into the Union, from Vermont 70 Wisconsin [
viii not 60 them in detail and point out the PECULIAR
ties IN each case that duty has been well performed By
the Senator ffOm Maine in his speech few days ago
Those precedents show that there is established rule
upon the subject each stands upon Its peculiar
state Of facts.
There are several cases in which there had been no
previous assent BY Congress taken; quali-
lati9n for voters prescribed; and, SHORT when they
we're situated precisely as California now 49,"
The Senator, in another part of the same speech,
went on to say:
Whose rights have the people Of California usurped ?
Certlnly not The rights the United States for they ex-
DTessy noEOdgeOur sovereguty-hey claim to belong
10 ussnd only ask that they may b permitted to eniOT
he same rights and privileges with US ."
WHIST provision Of the Constitution fthe United States
nave hey nfrnged? They recognize the fullest extent
krkrr,w 81
or state constitution in strict obedience
81 hold that the people of California had right to do
What they have done. Yea thai they had moral political
md legal right to do all they have done"
He further says:
Have the people of the Territories If he United States
10 right? had supposed the principle YVES universally
Once led in this country that all men have inherent
md iuaheuabe rights and have yet to learn upon what
grounds the people OF the Territories be excluded
rom The benefit Of this principle hold also, poit-
al sziOla that all manRind have inherent and nsen.
be right 70 a government
Thus spoke the distinguished Senatorfr from Illinois.
when it was propOsedtO admit California into the
Union a State 1t will be perceived that the same
objections were urged against that measure that are
low urged against the admission Of Kansas; and the
arguments and facts addUced in favor of that mea-
ure will apply equally well to the present question
But now, sir, gentlemen oppose the admission of I
Kansas, and give, among other reasons for their
ction that Congress has failed Ito pass enabling
ct. I have not referred to the position occupied
y the Senator from Illinois, for the purpose Of max
ng him appear inconsistent, but because his argu-
lents against the doctrine of refusing to admit a
tate because Congress has failed to pass an enabling
ct, are clear and comprehensive, and because they d
Weigh heavily in determining the grave and important
question now before US. 4
twill thus be seen, sir, that Whenthe question for
he admission Of California IA free State) was under
consideration, there was indignation manifested
y that distinguished gentleman, because there was
10 enabling act; but when Kansas comes, with a
constitution recognizing and establishing slavery it
SAID that great Outrange, a great violation of -
Nv, is about to be committed because there has Il
cen no enabngaot Sir it is not for me to say why
here should be so manifest and decided change il
the opinions Of distinguished men. But if we're
venture the opinion that it is because Of the fact
nat Kansas does establish slavery whilst in Cali
)rnia it was prohibited, that changes have been T
iected IN the minds Of Senators and Representa- p
YES, hope would offend no one
Again, sir, when the same question was under
ebate in the House Of Representatives find that a.
" friend from Illinois, MIR HARRIS 7 when ad ~
ressiDg the House. advocated the immediate admis Il
en- of California into the Union with ber coDstiu -