Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-01-02

OF the states concerned as well as of the Co
a gress."
= There is an unqualified grant of power in th
4 hrst Instance discretionary, depending upo
the will of the law-making power of the coan
try for the admission of new states The
= there are imposed upon it conditions and qua
ifications respecting the carving of new state
out of old ones, and DO other condition and n
other qualification, whatever. Therefore | tax
. it to be plain and beyond contradiction that
is within the clear unconstitutional power o
f Congress to prescribe the terms and qualifica
J., tions and the time and the fitness upon whcE
any new State shall be created out of any o
its territories. 1t is right which cannot b.
questioned az all and it is right which, in
dependent Of the Constitution, hoEs logically
and necessarily from the supreme Legislative
dominion which we have over the territories o
the United States territories many of whom
this very territory indeed, itself, were not with
in the dominion of this government when the
lConstltutlon was formed, and which, therefore
The Constitution itself by its own vigor never
could have operated upon. We having exclu-
sive and complete jurisdiction over these terri
tories, and having complete discretionary pow
er by the express letter of the Constitution
over the admission OF states, is it TO be said
| at We must shut cur eyes TO what is contain
ed in the constitution of a territory which is
offered 10 Us for acceptance, ard are We TO be
told that this objection, or that objection, which
may be just in itself cannot be heard because
We are tramping upon the rights of any bod ?
or set OF men? | take it not. There is no in
| hersnt right in the psople Of any territory to
| be constituted into state. Congress may
never dispose OF is public lands .here when
or anizsd it may keep it in the perpetual con
| d!ti1n of a territory il it peases; because a.
the considerations which govern such questions
are Considerations which merely appeal TO the
Ordinary legislative discretion OF the law-m4king
power, and therefore every circumstance and
consideration which enters into the fitness
OF the thing itself which ia proposed to be
done, Is matter that We have no right TO set
aside.
Then, Mr.. President, if We have the power,
and it is our duty in the exercise of that dis
cretlonary power to exert it do ali other
legislative power lpon the principles of legisa-
tive and political justice, the question is what
this constitution ought TO contain 10 authorize
as to receive this new state into the family OF
the nation. IL would hardly seem, that, on this
side OF the Chamber, IN reaching forward 20
the discussion OF question Of that kind,
should be met with any objections from the
gentleman who so properly leads Us on these
t5rrtorlai measures, man who has been al!
hIs lifetime in the skirmlsh ine and irons BAL
lie rank Of liberty and equal rights every
where. tie can hardly, | think, rise in his
place and tell that 1t is not right and ii thai
men, Irrespective OF race and color, ShOc ID b.
entitled IN a republican and Tree government
to the exercise OF political rights. | mean in
nOcent men | mean men VINO have forfeited
no natural, Jr social, or political rights which
they may we been otherwise entitled to, by
treason or any other crime but innocent,
honest citizens OF the country, without respect
TO race or color, are certslniy, the honor4be
Senator must admit, entitled, 4 matter o:
justice well as a matter OF policy and purity
10 be represented, to have voice IN seec-
lion OF theig representatives, and TO be among
those who consent TO the laws which are 10 fai
ect their life their liberty, ami their pursuit o
happiness.
w ny, sir, the ronon that goveInmen. j. IL
- -nt-h tnr q select few VINO are To oe aisenv-'
e1 by their descent as ktlSs are, or Oy L1er-
learning as the priests used to 5e or by their
property as ari>tocraticAl governments gener-
81 are, ought to have been exploded IN the
isnt Of recent eveuts il this country. There
c-n b. no s.Ld foundation upon winch demC-
cratic goverIment-l do not mean 10 use tie
term republican - because that seems 70 FIX
cie the opposition OF the other side OF the
Chamber IS 10 the definition of The tenn
there can be 10 solid f5undatiOn upon which
democratic government, if We have any farm
in 1t, rest, except that the people irresPect-
i've OF what their race i, Irrespective OF The
accidental conditions Of birth or fortune or
learning, must consent to the laws and have q
voice in the selection Of the agents who are to
make and execute the avs under which tCey
are 10 1--we.
believe that every writer upon tae theory
of Democratic government, upon the abstract.
theory Of all just government, agrees that any
s~f-IFaray rpS
OF intelligence, has no piaae ia tee fouada-
tlon OF the exercise ot those rights "aich re
late - the selection VI the persons WaO az 81
admins .er the govern meLt for the beu@h- ci
ali because the man who IL Ignorant has
precisely ta9 same right to protection. he has
the same right 10 every species OF
protection tlat the law gives 70 ms nelghbor
who Is intelligent, ne has the same right
10 chose among his intelligent uei4 hbors as
any Other man which OF them shall make laws
Tor him. The sbsurdity of undertaking TO
set up these tests Is the more manifest from
the fact that 30 far as the world has at pres
ent progressed we cannot fail to see that If
any special test Of In tellIgence or OF property
or any other arbitrary rule were lald down,
tho largest part OF mankind would have no
' YJIce in government. There are many com
In which intelligence has reached
rerY small point OF advancement Is Is to be
said that those communities must necessarily
and theoretically be goverDed 10y some despot
OF king; and ii SO how ls be 10 be selected ?
By his supelio strength IT BY his age or by
LIS color 3? No Dir. President there Is ana
there can he no Just dispute, when we con-
slider this 81 ject in the light of the Demo
cratic equality which we ell profess 10 believe
IL, that the right t. select your rulers, the
right to have u voice IN choosing those who
are TO make your laws must necessarily re-
side IN every person in the community over
W hom those laws are to operate, long -
that person entities himself by obedience to
the law, by making no war upon his neigh
Dor, by committing no crime, 60 have voice
liz the adm instration of affairs.
do not mean by this TO undertake to make
any argument against the propriety of learn
ing. That is not the point. The more we
have of it, the better We shall be eff. But |
do undertake TO say thai to make Learning or
color or property or race test IL a Deno-
cratic country of the right to choose It's rulers,
is TO sap the foundation OF the very principle
of the Democracy upon which you act. In
this body, by very large majority, We have
agreed to this proposition, and discarding
every test save citizenship AID loyalty we
have declared that distinction oi race and
color or OF learning have no place III the
Dem era tie theory Of tlls Government; and
We expect t. be obliged, gratefully Obliged 1t
may turn out, to carry this principle wherever
the Constitution permits us TO carry it into
more sections OF this couutry than it has yet
been carried by far.
Following upon that action of ours in this
district, the people of this territory, over
which Congress has the same control, for
which it hae made laws and set up institu-
tions, and from which 1t may take them to-
day lawfully and conssisutionaily If it pleasee,
come to with constitution which h ls thus
inherent and radical distinction. Wherefore
is 1t there