Imagens das páginas

Jir. 25, 1857.)

Admission of Michigan.

(H. OF R.

Kentucky, and charged them with a dishonorable com- a revision of the constitution made a test question. The promise to obtain power. How circumstances alter parties had been marshalled every where on the ground cases, and principles, too, sir! What was charged, upon of presidential politics. In some districts, indeed, the suspicion only, as a scandalous bargain between the emi- Van Buren party brought into their electioneering peut statesmen to whom I have alluded, as a disgraceful speeches, as collateral topics, the State's appropriation fraud upon the people, a gross violation of constitutional for internal improvement, and the bill indemnifying the doly and republican virtue, was openly and boldly at. sufferers by the mob at Baltimore; while, in other places, tempted by themselves. They even endeavored toʻvin. some clamor was raised about the tenure of office.. But dicate it, ac evincing immaculate purity, patriotic hones- in no one county were parties drawn off pon the ques. ty of purpose, strict fidelity to their constituents, the tion of reform. There are many reformers among the highest and most exact regard to the limits of delegated whögs, many who conscientiously believe that the con. power.

stitution makes a wrong distribution of political power Sir, the twenty-one knew too well their rights and among the counties; for our system of government pre. their duty to listen for a moment to so flagitious a pro- sents the appearance of a confederacy of counties, in posal. They were not to be menacel into intimidation- which each has equal representation and equal power. not to be bargained into a compromise-not to be se- I know that much complaint has been made on this score duced by sny consideration into a desertion of their for a considerable period: that those counties which duty. They knew that the organic law, under which have advanced mosi rapidly in wealth and population they held their appointment, had prescribed, in the desire, and claim as their right, a proportionate increase plainest minner, the single specific purpose which they of power. This is not a matter of surprise. Their wish were to fulfil, and how they were to fulfil il. They re- is as natural as is the reluctance of the smaller countieg fused, therefore, to enter into the political traffic pro- to part with any portion of their weight in the Govern. posed to them, and left it to the others to look beyond nient. Yet, not withstanding this reluctance, they have the single object of their duty, and pretend to an en- not been unreasonably opposed to any modification of larged guardianship over the general good.

the constitution. Besides, the nineteen had not qualified, and were as The very last Legislature passed a bill providig for yet clotlied with no official anthority. They had failed the forination of a new couniy, with equal represents. in the very first step of their duty. They had not even tion, out of the fragments of other and larger counties; begun to fulfil their constitutional obligations. No pro and at the same session, by another bill, authorized an poval, of whatever description, therefore, could be re- increase in the representation of the city of Baltimore: ceived from them; least of all, such as would have led thus making a considerable alteration in the distribution the majority to betray their constituents and violate of power in the House of Delegates. As for any thortheir constitutional oaths.

ough, radical change in, this respect, the reformers These were among the men who considered nullifica- themselves have never been able to agree. They have tion as the great political heregy of the times They held two conventions, which, if they have not dissolved thought it at least moral treason in a sovereign State to in their own weakness, have certainly not succeeded in pass an ordinance nullifying an act of Congress. Yet it reconciling various theories, and concentrating the opin. was no crime in them, who were invested only with a ions of their members and constituients upon any one httle brief authority, to play the fantastic trick which I specific plan of reform. Let this be done. L't some bave described upon the sovereignty of their own State. known, fixed scheme be deliberately presented to the

When they became candidates for the electoral colo people for their consideration, and if it obtain the gen. lege, they pledged themselves, expressly or impliedly, eral sańction, my life upon it, the smaller counties, who " to serve if elected.” This service, thus promise'l, was know what is due to public opinion, will yield their pethe performance of the duty enjoined upon them by the culiar interest to the general good. Bilt they have no coestitution; nothing less and nothing more. That duty idta of being tricked into an abandonment of the constiwas evaded, their pledges violated, and the constitution tution by a set of men not authorized, constitutionally nullif:d for a time, by ihe next step they took. They or otherwise, to meddle with such matters, and one of affected to resign their seats in that body of which they whom, at least, as a member of the Legislature, had were not qualified members to the people, whom they always before recorded his role against it. multed and betrayed by this mockery of a resignation. My colleague [Mr. THOMAS) seems to claim for the I call it a mockery, because they could not resign. minority of the college, as they did for themselves, an They had no right to disorgan ze the Government by so amount of power not granted by the constitution, befinsy an artifice. They could not cast off the duties Cause they represented a portion of the State containing they had underiaken, because there was no provision for a much larger popilation, both white and federal, than mupplying their places. It has been well said that they the residue of the State represented by the twenty-one. bad no more right to resign the offices they had assumed It is scarcely necessary to expose this fallacy; but surely than the suicide has to avoid his parental duties, by sur- he does not mean to claim the support of the very large Tendering bis obligations into the hands of his Creator. minorities in that section whose votes were cast against That this resignation was a mockery is true in another the nineteen. I will only say, on this head, that when base: since some of them, when rebuked by the peo- the constitution is set aside, and numbers are to be ple, found it quite as convenient to reassume the'r trusts criunted, the arithmetic should be exact, and all due * it had been to lay them down. This pretended res. subtractions be made. At all events, I believe, sir, that ization they attempted to justify in a manifesto, abound- at the November election a majority of the "white pop. Tag with shallow sophistry and miserable subterfuge. ulation" of the counties represented by the nineteen will They alleged that they were chosen to bring about a put the seal of condemnation upon the doctrines and change in the form of government; whereas they were

pretences of their unfaithful eleciors. sppouled for the single and obvious purpose of continu- As to the right of the people to change their frame of ing the Government as it had existed for six years. It government, no one denies it. It needs no parade of Va not true that all the counties which elected the re- authorities to satisfy the people of Maryland of those un. cunsts were in favor of any radical change in the con alienable rights which every sciolist understands, and the Staation. Some of them were notoriously opposed to knowledge of which is as common to them as the very such change, arid had repeatedly voted against it by air they breathe. They know, too, that between revotheir delegates in the Legislature. In none of them was lution and constitutional change there is no middle

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A revolution may be peaceful and bloodless, The previous question was seconded, and the main where there is a general acquiescence in it. Where question ordered, severally, without a division. there is not such a common consent, where parties are Mr. CHAPIN asked for the yeas and nays on the main equally arrayed in opposition, it must needs be forcible question, being the passage of the bill; which were orand violent; and whichever party succeeds, the triumph dered, and were: Yeas 132, naye 43, as follows: must be a melancholy one, which all good men will de- YEAS— Messrs. Adams, C. Alian, Anthony, Ash, Ashplore. The right of change can present but two aspects-- | ley, Barton, Bean, Beaumont, Bell, Black, Bockee, ile one above and beyond the constitutional charter, Bouldin, Bovee, Boyd, Brown, Buchanan, Burns, J. which is revolution--the other under and in strict ac- Calhoon, Cambreleng, Campbell, Carr, Carter, Casey, cordance with the constitution. A different theory con- Chaney, Chapman, Chapin, N. H. Claiborne, J. F. H. tradicts the wisdom of ages, and endangers the only safe. Claiborne, Connor, Cramer, Cushman, Denny, Double. guards of regulated liberty. If the irregular action of day, Dromgoole, Dunlap, Esner, Farlin, Forester, Fry, the popular will can be substiluted for constitutional Fuller, Galbraith, J. Garland, R. Garland, Gho!proceedings, we shall have new constitutions worked up son, Gillel, Glascock, Graham, Grantland, Grayson, Ha-by every fresh ferment, and laws enacted and repealed ley, J. Fall, Hamer, Hannegan, A. G. Harrison, Hawes, amidst the tumult of primary assemblies. This would Hawkins, Haynes, Henderson, Herod, Holt, Howard, throw society into wretched confusion, and benefit no Hubley, Hunt, Huntington, Huntsman, J. Johnson, R. one, except, perhaps, the demagogue who had boldness M. Jobinson, C. Johnson, B. Jones, Kennon, K lgore, and address enough to "ride on the whirlwind and die Klingensmith, Lane, Lansing, Lay, J. Lee, T. Lee, L. rect the storm.". It is to regulate and steady the popu. Lea, Leonard, Logan, Layall, Lucas, Lyon, A. Mann, lar will that constitutions are formed and laws enacted; J. Mann, W. Mason, M. Mason, May, McComas, Mc. and if delegated agents may violate them with impunity, Kay, McKim, Miller, Montgomery, Moore, Muhlenberg, upon such pretences as those of the nineteen, there will Page, Parks, Patterson, Palton, D. J. Pearce, Peyton, soon be an end to law, order, peace, and freedom. Pinckney, John ReynolJs, Joseph Reynolds, Richard

That the minority of the electoral college considered son, Robertson, Rogers, Schenck, Seymour, A. H. their course as destructive of the Governinent, is appa- Shepperol, Shields, Shinn, Sickles, Smith, Sprague, rent from the address which they put forth to the peo- Standeser, Sutherland, Taylor, Thomas, Toucey, J. ple. In this they recommend the immediate appoint. Thomson, Turrill, Vunderpoel, Wagener, Ward, Wardment of a convention, with power to continue the com. well, Washington, Webster, Weeks, White, T. T. missions of all civil and military officers until a new Whittlesey, Yell—132. Government could be formed. Who gave them this au.

Nais- Messrs. Bailey, Bond, J. Chambers, Chet. thority? What freeman at the polls ever dreamed that wood, Corwin, Crane, Darlington, Dawson, Elmore, Erhe was voting for dictators, who would destroy the con- ans, Graves, Griffin, Hardin, Harlan, Hazeltine, Hiester, stitution under which they were appointed, and com. Hoar, Hopkins, Ingersoll, Janes, Jarvis, Jenifer, Law. mand the people to construct another? What citizen rence, Lewis, Lincoln, S. Mason, Mercer, Milligan, J. imagined that his country was about to be plunged into A. Pearce, Pearson, Phillips, Pickens, Potts, Reed, a revolution--that all the checks and forms of freedom Russell, Steele, Storer, Taliaferro, W. Thompson, Unwere about to be violated—the constitu ion to be laughed derwood, E. Whiltlesey, L. Williams, S. Williams--43. tu scorsi--the bulwarks of the law, which protect and

So the bill was passed. di fend all alike, to be swept away in a moment, and [When the name of Mr. Wise was called, that gentle. popular excitement and partisan fury to take place of man rose in his place, and asked to be excused from vothat calm deliberation, that sober moderation, and con- ting, on the gri und that he had been absent during the scientious judgment, without wbich no safe or good gov- whole discussion on the bill, (on the select committees ernment can be formed? Sir, the people, of whatever

of which Mr. W. is a memberi) which was granted.] political cast, siw the whole drift of this proceeding. A

The House then adjourned, at 6 o'clock, P. M. portion of the Van Buren party reprobated it openly and frankly--otbers condemned it by a silent vote at the

THURSDAY, JANUARY 26. polls; and many, who could not break their parly ties, yet joined in the general condemnation. The result has

WASHINGTON COUNTY TURNPIKE COMPANY, given me increased confidence in the virtue and sagacity

MISSOURI. of the people. They will not "see the right, and yet

Mr. HARRISON, of Missouri, from the Committee on the wrong pursue;" and though they may be deceived the Public Lands, reported, wiih an amendment, Senale for a time, by artful politicians, they are certain at last bill to authorize the Washington County Turnpike Comto sift the wheat from the chaff.

pany, in the State of Missouri, to locate and construct a I regret, sir, that I have been compelled to say thus road through the public lands. The original bill granted much on a subject not directly of national concern, and a right of way one hundred and eighiy feet wide, and to consider Michigan as being almost terra incognita, the amendment proposed to strike out ihe words “ and during this debate. I have not the least objection to her eighty," so as to leave it “one hundred feet wide." admission into the Union, although the proceedings have The arendment having been concurred in, Mr. H. been irregular, and should not be permitted to grow into

moved that the bill be ordered to a third reading. a precedent. The population of the Territory is suffi. M:. HARDIN expressed a wisla to have the challer cient, certainly. Congress has, I think, the right and read to the House. the power to prescrite her boundaries, and has exer- Mr. HARRISON replied that he had not a copy in his cised ibat power definitely. But the bill, on which we possession, but his recollection of it was that the compaale now about to vote, recites the performance of a con- ny had ten years to complete the road, and five to com. dition which, in my opinion, has not been performed; -mence it, three of which had expired. The road was to and I am not willing to give my assent to the doctrines be from thirty-five to forty mile's in length, and opened by which it has been attempted to justify these irregu.

a direct communication between the mineral tract in larities.

Missouri and the Mississippi river; and all the bill provi. Mr. CUSAMAN then obtained the floor, and said he

ded for was a right of way. would respectfully submit to the House, whether this Mr. HOWELL had objections to the bill. The first question had not been sufficiently debated. He was was, that it granted a greater width than was given to himself perfectly satisfied that it had been, and he there. other roads of the game character; and the next, and fore moved the previous question.

Jax. 26, 1837.)

Freedom of Elections-Pay and Mileage of Members.

[H. OF R.

more important, was, that the survey was not required convinced that those who wished to come back again to be made till the road was completed, which would ought not to wish for the passage of this bill, for the have the effect thereby of suspending all the sales of the people would generally condemn it when they became public lands in the immediate vicinity, or any where in acquainted with the facts. the vicinity. Mr. H. would therefore suggest the pro- Mr. TURRILL inquired whether the committee priety of so amending the bill as to require the survey named in the bill was a joint committee. and location to be returned as soon as made.

The SPEAKER replied that it was a joint committee. Me. HARDIN objected to the bill on another ground: Mr. TURRILL said so he supposed. He did not know its want of limitation as to the number of depots the that any thing he could say against this bill, in these company might construct on the public lands; and he times of popularity-seeking on a small scale, would suggested its commitment to a Committee of the whole have much is any effect; but, as he had made up his mind Youse, and made that motion.

to vote against the bill, he felt called upon to state one Mr. BOON suggested that, if the bill were committed, or two objections to it, in addition to those which bave it be recommitted to be Committee on the Public Lands. already been urged by his colleague, (Mr. WARDWELL,) Mr. HARDIN accordingly made that motion.

and the honorable gentleman from Pennsylvania, (Mr. Mr. PARKS said a communication was expected from SUTHERLAND,] who has just taken his seat. This bill is the Postmaster General, on the subject of securing the intended to provide for equalising the mileage of memtransportation of the mails on railroads; and he hoped bers of this House. At the commencement of each ses. no more bills granting right of way would be passed sion, the bill requires that a committee shall be appointed till then.

to examine in'o the honesty of members, and fix their Mr. Hardia's motion was then put and agreed to, mileage; and it would seem that it was apprehended that and the bill recommitted.

there might be a difficulty in finding members of this FREEDOM OF ELECTIONS.

House possessing sufficient integrity and capacity to con

stitute this committee; for the bill provides that you After the reception of sundry reports from commit shall go to the other branch of the Legislature, and call tees,

in three Senators to aid in this investigation of mileage, The House resumed the consideration of the unfin. so as to prevent the three members of the committee seished business, being the motion of Mr. Bell for leave lected from this House from allowing too much mileage to introduce "a bill to secure the freedom of elections." to the representatives. Sir, said Mr. T., if there must

M. BELL resumed and continued his remarks, (as be a committee, let it be composed of members of this given entire heretofore,) till a motion was made to pro. House. I am opposed to going to the Senate for any ceed to the orders of the day; which was agreed to. portion of it. Mr. T. thought that the mileage should PAY AND MILEAGE OF MEMBERS.

be equalised if it could be done, and he was willing 10

have it adjusted by the Clerk of the House, or the Scr. The "bill to establish a more uniform rule of compu. geant-at arms, and each individual member, but he could ting the mileage and per diem compensation of members not vote for a bill which required each member of this of Congress" coming up on its third reading

House to be examined by a joint commitree in relation Mr. WARDWELL asked the Speaker whether this to his mileage. bill must not be committed to the Committee of the Mr. LANE said he had nothing to lose or gain by the Wbole, under the rules of the House, on account of its passage of this bill, for his residence was so situated that wakiog a charge upon the Treasury.

he could travel either by water or by stage from his own The SPEAKER decided that the objection came too door. It so happened that he could loxe nothing, retro. late. It ought to bave been made before the bill was spectively, by any of its provisions, for he had never lout ordered to a third reading.

a single day or hour since he had the honor of being a Mr. WARDWELL then observed that he was oppo. member of ibal House; and that he had charged bis mile. sed to the bill in its present shape. He had no interest

age upon the nearest route. He, however, considered in the matter. But he was unwilling to pass a law to this bill, though not intended to be so, a direct attack operate upon those who should come after him; and not upon the Western members; and he went on to show the operate upon himself.

inconveniences that would be attendant on compelling He was opposed to it; also, because it was unequal in members to travel by the mail route in the Western its operation upon different members. In some instan. States, especially where the mails were transported only ces, the mail route by land would be longer than the on horseback. It was enough if members travelled by Toute by water, by which members always travel. the usual travelling route. If it was so amended as to

He had another objection. The bill before the House require members to travel by the most direct mail route, permits members to come into the District, and stay where the mail was carried in stages, be would then be inay from the business of the House the whole session, better pleased with the bill, as it regarded others. and yet receive their pay for every day of the session; Mr. CLAIBORNE, of Mississippi, stated that in trav. while those who should go from the District for a few elling the river roule, be and his colleague, and the days, on account of sickness or any urgent business, members from Louisiana, did travel by the regular mail Bould not receive it. The bill is wrong, and be would route, for the mail descended and came up the Missishave to bave it committed, for the purpose of amend- sippi. ment, were it not for the demonstrations the o her day Mr. THOMPSON, of South Carolina, contended that that so large a majority was in favor of it, with all its im- those who lived al the greatest western distance were perfections.

best off, and made most money, on account of the faciliMr. SUTHERLAND had voted for the bill the other ties of river travel, independent of ihe ease and comfort day, but be should have no objection 10 see it modified. of being on board a steamboat. Mr. T. went into a dc. He said the compensation, be it what it might, ought to be tail of the present inequalities of the mode of charging. just, and proportionably equal; but the present bill was Mr. BOON bad voted for the engrossment of this bill, obviously imperfect. He agreed, also, with the gentle and at that time it was his intention to have voted also man from New York, that they ought to pass a law ap. for its final passage; but on a re-examination of it, and plying to themselves, and not magnanimously pass one after having heard what be bad, a radical change had bearing upon their successors! He was for meting out taken place in his determination. The bill proposed one justice, and beginning at home. He was thoroughly thing with regard to members charging their own mile.

H. OF R.]

Texas - Representative from Michigan.

[Jan. 27, 1837.

age, which was done at present, viz: that each member ving the seat of Government to some eligible point on should certify. So did each member now. If, however, the Ohio or Mississippi rivers. any change was to be wrought, let them bring it about Mr. ANTHONY remarked that they had consumed first on themselves, and not enact a Buncombe measure, nearly the whole day in the discussion of this bill; and as to bear only on those who were to come after them. He he had very little doubt but that every member had preferred it should lie over till the commencement of the made up his mind how he would vote, therefore, to test next Congress.

the sense of the House whether the discussion should be Mr. CRAIG supported the bill, and briefly replied to continued, he moved the previous question. Mr. Lane and others. The extraordinary facilities for The House refused to second the motion: Yeas 71, travelling, of late years, rendered the change proposed nays 73. And the question recurring on the instructions by the bill absolutely indispensable.

moved by Mr. YELL, Mr. MANN, of New York, after a few remarks show- Mr. HANNEGAN made an earnest opposition to the ing the imperfections of the bill, moved to commit it to general provisions of the bill, showing how unequally it a Committee of the Whole on the state of tbe Union. bore upon the members from the West and other parts

Mr. RENCHER (who originally reported the bill) of the country. He explained that, though once in favor entered into a general argument in defence of its several of removing the seat of Government, he was so no longer, provisions.

for he did not desire the noble and generous soil of the Mr. PARKER expressed his satisfaction with the bill, West to be contaminated. He bimself had always trave and his intention to vote for it. The improvements in elled by the only practicable though not the direct land travelling required a total revision of the mode of charge route, and charged for the route he was compelled to ing; and the bill proposed nothing more than fixing a travel. He inquired if any member had ever deducied fair and equal ratio. So far from the provisions of the a dollar for lost time. bill going too far, he would have voted for it if some of Mr. HAWKINS said he bad, to a very considerable them had gone still further.

amount. Mr. CALHOON, of Kentucky, contended that, by a Mr. BROWN moved to lay the bill and instructions on fair construction of the law, members were justified in the table, and asked for the yeas and nays on his motion; travelling the route usually taken by ninety-nine out of which were ordered. And the question, being taken, one hundred of the travelling community. The fact was was decided in the negative: Yeas 58, nays 128. well known to those acquainted with the geography of The House refusing to lay the bill on the table, the the Western country, that if members were invariably question then recurred upon the motion to commit the required to travel by the nearest route, they would be bill with instructions. unable, at inclement seasons of the year, to go by that Mr. PARKS moved that the House adjourn, but with. route. He should vote against the bill.

drew the motion at the request of the Speaker. Mr. CAMBRELENG designated this as a poor, mis.

TEXAS. erable dish, brought forward year alter year; and although charges were not directly made, they were made

A message from the President of the United States was in the most obnoxious form, for they were implied char: Representatives of the 17th instant, requesting the Pres:

received, in obedience to the resolution of the House of ges, and the impression went abroad that members took more than they were entitled to. Though Mr. C. had

ident to lay before the House, if not incompatible with himself come to the conclusion that no member had

the public interests, any information in his possession charged more than he had a right to charge under the showing the condition of the political relations between

the United States and Mexico; and, also, any further in. construction put upon the law by all the presiding offi. cers of the House for the last twenty years, yet he hoped of Texas.

formation that he may have received as to the condition the House would make at least one effort to get rid of the subject. He hoped, therefore, the bill would pase,

Mr. HOWARD moved the reference of the message with all its imperfections, many as they had been descri. that the same be printed.

and documents to the Committee on Foreign Affairs, and bed to be, upon its head. Mr. PATTON hoped the bill would be committed; instructions to the committee.

Mr. BOYD inquired if it would be in order to move for, if it were, he would move a proviso that no Repre.

The SPEAKER said it would. sentative or Delegate to Congress should be allowed to

Mr. PARKS claimed the floor. receive a sum exceeding the rate of eight dollars a day, from the end of one session to the time of taking his seat

The SPEAKER said the gentleman from Maine had at another. It was susceptible of proof, from the jour- yielded the floor to enable the Chair to present the

communication. He could not, therefore, claim it as nals, that such had been the case heretofore. Mr. YELL said the members from the West, at the

matter of right.

Mr.BOYD then moved to amend the motion of Mr. How. present time, not only went the route laid down by the Construction given to the law for years past, but they resolution acknowledging the independence of Texas.

ARD, by adding instructions to the committee to report a also Travelled the usual and only feasible route. If the members from Arkansas were tied down to travel only debate at this late hour, by endeavoring to attach the

Mr. CRAIG hoped the gentleman would not create a hy the mail route, they would get nothing for a large resolution to these documents. part of the way, for their mais facilities were few at

Mr. REED asked for the reading of the message and present in that State. The fact was, the bill was levelled

documents. al the Western States and Territories. If these attacks

Mr. VINTON moved an ailjournment. were continually made upon the West, the day was not very far distant when this spot would be a bowling wil

Mr. CLAIBORNE, of Mississippi, called for the year derness, for in less than twenty years the seat of the

and nays on the motion to adjourn; which the House

would not order. General Government would be removed west of the mountains. Il, however, Western gentlemen were get

And the House adjourned. ling too much, let the wages be reduced. He therefore moved that the Committee of the Whole be instructed

FRIDAY, JANUARY 27. to report that the per diem compensation be reduced to REPRESENTATIVE FROM MICHIGAN. Bix dollars; and that the same committee be also instruci. Mr. THOMAS moved that Isaac E. CRARY, wbo was ej to inquire into the expediency and necessity of remo- in attendance from the State of Michigan, and whose

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Jux. 27, 1837.)

Representalive from Michigan.

(H. OF R.

credentials were presented at the last session of Congress, to the formation of the constitution, still Mr. R. conbe now qualified, sworn, and assigned to bis seat. tended ibat, until the final act of admission into the

Mr. ROBERTSON said he felt himself compelled, Union, Michigan remained subject to the Territorial Govvery reluctantly, to oppose the motion made by the ernment of the United States; that she could not, until gentle dan from Maryland, (Mr. Thomas.) He had with then, be entitled to representation in Congress, nor conpleasure voted for the admission of Michigan into the sequently to elect Representatives. He was aware it Union, and would, with equal pleasure, vote for the re. had been asserted that she became a sovereign State ception of the gentleman claiming a seat on this four as prior to her admission; that Congress could only admit ber Representative, (Mr. CRARI,] did he not entertain a States, not Territories; and that the Territory must deep-settled conviction that in so doing he would violate therefore become a State before it could be admitted. the oath he had taken to support the constitution. It This doctrine, specious as it may seem, was not sound. was a sense of duty alone, without the least expectation It was in direct conflict with the original deeds of ces, that the House would concur with him, that constrained sion, the ordinance of 131h of July, 1787, and the con him to meet the proposition at the threshold. The stitution of the United States. He would refer to the question was one certainly of the highest importance, 41h article of the ordinance especially, which declares and not settled, as he believed, by any well-considered that “ The Territories (of which Michigan is a part) and precedent. He wished no delay. His object was that the States which may be formed therein sball forever it might be disposed of promptly and satisfactorily to all remain a part of this confederacy, subject to the articles wbo doubted, or had not fully examined it; and with of confederation, and to such alterations therein as shall that view he should move that all matters touching the be constitutionally made, and to all acts and ordinances election, qualification, and return, of Isaac E. CRARY, be of the United States in Congress assembled, conformable referred to the standing committee especially appointed thereto.” Upon the supposition that Michigan became to make such investigations.

a State prior to her admission, she must from that mo. Mr. R. said that, as a member of the Judiciary Com. ment have ceased to be a part of the confederacy, or mittee, the duty had devolved upon him, during ihe last subject to its laws. She was no longer a Territory, and and present session, of examining all questions connected could not therefore be under a Territorial Government. with the application of Michigan for admission into the No one would contend that a State Government and a Union. It would be irregular, at this time, to enter | Territorial Government could coexist over the same fully into the reasons which had regulated his course community. As a State, out of the Union, it was equally upon that subject, although he had been deprived of an clear that the United States could not govern her. The opportunity of doing so during the brief period allowed federal constitution was emphatically, as its preamble for its discussion. He would ask leave, however, to shows, a constitution of the United States," and " for suggest some of those which had a more immediate the United States." The Government and laws of the bearing upon the question now pending.

"Union" could extend to States within it, and Territo. It would appear, said Mr. R., from the official certifi. ries belonging to it, only. Many of its provisions, which Cate exhibited by Mr. CRARY, that the election by virtue he would not trouble the House with reading, since they of which he claims a seat in the House took place in Oc- must be familiar to all, proved this. He would advert to tober, 1835. At that time, Michigan was undeniably a one only-that which declared that representation and Territory of the United States; and she never ceased to taxation should be apportioned in a certain ratio "among be such, as he should contend, until yesterday, when the States which should be included within the Union.” she was for the first time admitted into the Union. It From the moment, then, that it should be held that vus true she had framed a constitution, adapted to the Michigan became a State, and a State out of the Union, condition of a State. But that constitution had neither Congress could neither establish post offices, nor cusbeen authorized nor recognised by Congress. He would tom-houses, nor judicial tribunals, nor collect revenues, not say the previous assent of Congress was, in all cases, nor punish offences, nor make any disposition of the indispensable. Had the boundaries within which the public lands within her limits, nor enter upon them, future State of Michigan was to be comprised been de- without invading ber sovereignty. She might declare war, Ônitively prescribed, a subsequent recognition might enter into an alliance with Canada, and do all acts which stand in the place of previous consent. But the desig- other sovereign States might do. If this anomalous connation of those boundaries belonged exclusively to Condition could exist for a day, or, as is contended in the gress. The whole Northwestern Territory then re- case of Michigan, for one or more years, it might conmaining might, under the ordinance, be consolidated tinue for twenty years, or forever. And yet by the isto one State, or divided into two, as Congress might ordinance of 1787 it was declared that it should forever deem most expedient. Until its will was declared upon remain a part of the confederacy, and subject to its laws. this point, there was no particular portion of the Terri. We are driven to the conclusion, therefore, that a Tertory that could undertake to erect itself into a State, and ritory under such restrictions could never lawfully cease is upon its own limits. Even after Michigan had un- to be a Territory until the moment it was admitted into baxfully assumed that power, Congress might have the Union as a State. In that way alone could it remain united her and Wisconsin into one State, or so divided a part of the confederacy. The moment it should be. the whole Territory as to throw half of the inhabitants come a State of the Union, then, and not till then, it of Michigan into one State and half into the other, In would cease to be a Territory; as an alien, who has tapoint of fact, it did subsequently most materially change ken all the preliminary steps, would still continue an the limits assumed by Michigan, and make her assent to alien, and never cease to be such till the moment of his that change a fundamental condition of admission into | admission to the rights of citizenship. the Union. There was, then, a preliminary act to be Mr. R. said this view was further exemplified, and the done by Congress, when Michigan formed her constitu- idea that a Territory must become a State before it can tn, until the performance of which, neither the people be admitted into the Union refuted, by the instance of of Michigan, nor of any other portion of the Northwest- Kentucky. That State was originally a district of Vir. era Territory, nor of the whole Territory, could lawfully ginia. Virginia authorized it, while still subject to her constitute a separate community, authorized to frame a laws, to call a convention and form a constitution suited tartitution or State Government.

to an independent Commonwealth. The convention was But were this otherwise, had the limits of Michigan also authorized to fix a day when that constitution should been definitively fixed by Congress, and its assent given go into effect; but, " to prevent anarchy," the law au

VOL. XII.-95

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