Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-01-10

slOn OF new states Fthus as ioloMs
New States may be admitted by the
Congress into this Union but no new
State shall be formed 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 /
without the consent of the Legislatures |
of the States concerned as well as OF the !
Congress"
There is an unqualified grant OF power |
in the first Instance; discretionary, de-
pending upon the will of the law'making |
! power of the country for the admission
| of new States. Then there are imposed
/ upon it conditions and qualifications re-
| spectiug the carvings Of new States out
| of old ones, and no other condition ana
! no other qualification whatever. There
| fore I take it to be plain and beyond
| contradiction that II is within the clear
constitutional power OF Congress TO pre-.
scribe the terms and qualifications and
! the time and the fitness upon which any
new State shall be created out OF any OF
| its Territories. 1t is a right whlch can
not be questioned at all and 1t Is right
which, independent OF the CONSTITUTION,
flows logically and necessarily from the
supreme legislative dominion which we
have over the Territories of the United
States; Territories many of whom, this
very Territory indeed itself, were not
within the dominion Of this Government
when the Constitution was formed, and
which. therefore the Constitution itself
bv its own vigor never could have oper-
ated upon. We having exclusive and
complete jurisdiction over these Terri
tories, and having complete discretionary
power by the express letter OF the Con-
stitution over the admission OF States, IS
il to be said that we must shut our eyes
TO what is contained in the constitution
of Territory which is offered to us for
acceptance. and are we to be told that
! this objection or that objection which
| NAV be lust in itself cannot be heard be-
cause we are tramping upon the nights
5 | ofanV body or set Of men ! take IL
p not. There is no inherent right in the
- people of any Territory to be constituted
into State. Congress may never or
D ganiZe 3 Territory at all it may never
70 DISPOSE of its public lands there; when
e organized it may keep it in the perpetu-
c al condition of Territory II 1t pleases
because all the considerations which
n govern such questions are considerations
;. which merely appeal to the ordinary
legislative discretion Of the IaW-maKlng
o power, and therefore every circumstance
= and consideration which enters into the
5 fitness of the thing itself which is pro
e posed to be done is a matter that VIZ
Sc nave 10 right to set aside
Then, MIR. President, if we have the
e power. and it is our duty in the exercise
Of of that discretionary power to exert Il
As we do all other legislative aud pc
j. litical Justice, the question Is what thl
is constitution ought to contain to au
thorize us to receive this new State int
IS the family OF the nation. 1t wouI(
D. hardly seem that on this side OF tn
)e Chamber. in reaching forward to tn
c. discussion of q question of that kind,
Is should be met with any objections from
the gentleman who so properly leads u
id on these territorial measures, ma
at who has been all his lifetime in tn
lie skirmish line and front battle rank {
C, liberty and equal rights everywhere
IS He can hardly, / think, rise in his plac
he and tell US that it is not right and +
20 that men, irrespective Of race and colol
d, should be entitled in i republican an
IS. free government to the exercise OF pc
.ir 1itical rights. mean innocent men
4. 7 mean men who have forfeited u
natural or social or political right
he, which they may have been other"iS
" entitled TO- by treason or any Otht
to crime but innocent, honest clQzehS
m the country, without respect to race
to color, are certainly the honorable Hei
on a,1r must admit, entitled, as matte
Us of Justice as well as matter OF poIjI
he and purity, to be represented, to have
hit voice in the selection OF their represen
ed atives, and to be among those WI
nat consent TO the laws which are to ale
5 a their life their liberty, and their pursu
,he of happiness. ....
in why, sir, the notion OF that COVER
no ment is instituted for select few WI
i've are to he discovered by their descent
nd ! kings are. or by their learning as t
act priests used to be- or by their proper
of As aristocratcsI Governments &c
US eraUy are, ought tohave been e
ub- ploded in the light Of recent ever
Of in this country. There can be
iCh solid foundation upon which &c
m ocratic government do not mean
ra- use the term Republican" because tn
the seems to excite the opposition Of |
on other side of the Chamber as to
hat definition of the term-tbere can be
es- solid foundation upon which democra
by government if we have any faith in
zed can rest except that the people, irr
ON spective of what their race is lrreSp
sa. tive of the accidental conditions
ich birth or fortune or learning, must ca
Ind sent to the laws and have voice in
to selection of the agents who are to ma
our and execute the laws under which tn
ac. are to live.
we I believe that every writer upon the T.
ory of democratic government, upon
hat abstract theory Of all inst 9overnm'
ity, agrees that any arbitrary distinctl
,ich any arbitrary test, even of intelligen
liter has no place in the foundation OF
vish exercise of those rights which relate
we the selection of the persons who are
alse administer the government. for the b
We eft of all because the man who IS
-ow porant has precisely the same right