Slike strani

Jan. 4, 1837.]

Admission of Michigan.


structed in the propriety of good government, and the Union, had been complied with. In considering this necessity of maintaining law and order? If he mistook question, gentlemen bad gone into the first principles of not, some of the same gentlemen now kindly proffering government, and made what he regarded a bold attack on this instruction took upon themselves the character of popular power, on the fundamental principle of popular political missionaries in the memorable panic session; sovereignty, which lies at the foundation of all our instiand, leaving their seats in this chamber, were heard in the tutions. These doctrines were rather antiquated; they cities of Philadelphia and Baltimore, encouraging popu. | belonged to the school of the restoration in England, and lar assemblies to open resistance to the constituted au the political writings of Sir Robert Filmore; they were the thorities of the country, by the most impassioned appeals present doctrines of the conservatives in all the Governto their feelings. It was on those occasions that the ments in Europe, of the advocates of arbitrary power, Chief Magistrate of the nation was denounced as a and of existing abuses, however flagrant. But in this “usurper” and “ lawless tyrant." It was on those occa country it was not necessary to trace them so far; it was sions that it was declared that there were no “Sabbaths not necessary to go back beyond the memorable period in revolutions," and the constituted authorities held up of '98; they were the doctrines of that day, of the period more as objects fit for public vengeance, than deserving in our political history which has been appropriately respect and obedience. He congratulated gentlemen on called the “ reign of terror.” Is it supposed that the their recovery of notions more favorable to regular govo principles and spirit of '98 and '99 can be revived? Is it ernment and good order, and trusted that the change supposed that, instead of having advanced, we have retrowould not prove of inomentary duration, but permanent. graded in political intelligence, and in a just understandHe, however, must protest, for one, against instructions ing of the principles of free government? from that quarter, either as to the one or the other. What were the doctrines of that day--the doctrines to

Mr. B., in conclusion, begged pardon of the Senate / which the alien and sedition laws, and other kindred meas, for having digressed, in the course of his remarks, into ures, owed their origin? He would refer the gentlemen the discussion of questions not strictly relevant to the to them, and the speeches by which they were attemptsubject before them. The introduction of these topics ed to be maintained. The speeches' we have heard are by gentlemen on the other side of the question, and the of the same character, maintaining the same principles important bearing they bad sought to give them, would, and breathing the same spirit; but it will be no disparagebe trusted, furnish his apology, and acquit him and his ment to any one who has taken part in this debate to say, friends of having on this occasion gratuitously introduced that the heresies of that day have not been defended them.

with more spirit or ability now than they were then. Mr. NILES said that he hoped the Senate would not Then their advocates were able, experienced, talented, be alarmed at his rising, as he had no intention of going distinguished, and illustrious men; one of them bearing an into a general discussion of the subject before the Senate, intimate relation to the Senator from Delaware. They which, he had reason to suppose, was tired of the de put forth their whole strengih, and staked their all, pobate, and anxious for the question. It was not his pur- litically—the ascendency of their party and their indipose to detain the Senate by any regular argument, vidual prospects—on the support of the same doctrines even upon what appeared to him to be the real question we have heard mentioned on these occasions.

But they before them, and much less to discuss the numerous failed, and the cause of democracy triumphed. topics which had been drawn into the debate. of the And what were those doctrinces? They were, that politics of Pennsylvania, or Maryland, he had no wish to the people could not be trusted; that they were their speak; his only object was to submit a few remarks on one own worst enemies; that all the disorders, real or imagipoint, somewhat connected with the subject before the nary, that prevailed, were attributable to a wild spirit of Senate, and which involved a fundamental principle in democracy--to popular phrensy. An honest but fear. our institutions. Mr. N. said he bad witnessed the course less expression of opinion, concerning men and measures, this debate had taken with some surprise; great prin was denounced as a spirit of insubordination, disorganiciples had been drawn into discussion, not necessarily zation, and rank jacobinism. A distinguished leader of belonging to the subject, and sentiments expressed, and that party, now no more, belonging to a neighboring doctrines maintained, which he had heard with no small State to his own, a gifted son of genius, a brilliant star in degree of astonishment and regret; he could hardly real. the constellation of ibat day, whose impassioned, fervid, ize that he was in the American Senate, and at this en and glowing eloquence has never been surpassed in the lightened period when the principles of free Govern. halls of Congress, declared what were the evils and the ments were supposed to be well understood and well remedy. I allude, (said Mr. N.,) to Fisher Ames. He settled. In view of what he had witnessed in this debate, / declared that the disease which threatened general and he felt it his duty to allude to a fact which, whether universal ruin to our institutions and our future pros. agreeable to hear or not, he believed ought not to be pects was rooted deep; that it had found its way into entirely overlooked. Sir, said Mr. N., for some years the very hearts of the people. This disease was de. past the American Senate, the most important branch of mocracy; it was the will and sovereignty of the peothis Government, a co-ordinate branch of the Legislature, ple. “It was not that the skin was blistered, but their and possessing a portion of the executive and judicial very bones were carious.” Yes, the people were cor. authority, has not enjoyed the confidence of the people rupt, even to their bones. In his fertile and vivid imagiof the United States; and he feared, greatly feared, that nation, he conjured up and predicled greater evils for what had taken place on the bill before us was not calcu his country, which were to fow from this wild spirit of lated to increase or strengthen the public confidence. democracy, than have been portrayed on the present Are we to be told that the people have decided incon- occasion. His country was to be visited with all the hor. siderately, rashly, and unjustly?' This will not do. Un rors of the French revolution; anarchy, confusion and less he was entirely mistaken, the principles which had | bloodshed, were to desolate the land; and, in the federal been asserted, and the doctrines that had been so strenu visions of that day, the ghosts of Robespierre, Danton, ously maintained, would be received with some astonish and Marat, were seen ffitting through our atmosphere. ment by the people of this country.

The disease of that period was democracy; the people The question: before the Senate he regarded a very were said to be rising up to overthrow the Government, simple one; it was really a question of fact; merely, and destroy those noble institutions which they themselves wbether the condition of the act of Congress of last ses had established. And it was the aim of those in authori. sion, providing for the admission of Michigan into the ty to put down that wild spirit of democracy by the


Admission of Michigan.

[Jan. 4, 1837.

strong arm of power, and to maintain their authority, not one who has had so much to do with' conventions, and through the public will, and as an emanation from it, but attempts to call forth the latent energies of State rights in opposition to it--in defiance of it. It was for this and popular power. He did not understand the Sena. purpose that the alien and sedition laws were passed. tor's answer to his own question, further than his decla. And why is it (said Mr. N.) that these laws, and particul. ration that he himself [Mr. P.] was one of the people. larly the latter, have become a stench in the nostrils of The inquiry, however, was, he thought, easily answered. the people; that for nearly forty years they have borne The people, in one sense, are the whole population of a the stamp of universal reprobation upon their face--the State; but in a political sense, the people were that por. deep and indelible stamp of infamy, which will go down tion of the population which possessed the political powto the latest posterity, or as long as there is a single er in a State: it did not mean women nor children, but spark of liberty in the hearts of the American people? Is the whole body of citizens with whom the political pow. the execration in which those laws are held to be charged er of a State resided. to their being unconstitutional? Far from it. A large He believed this to be the true theory of our Governportion of the legislation of Congress bas been charged ment; and he deemed it of the utmost importance that with being in violation of the constitution; and the alien first principles should not be perverted. Is there any and sedition acts were declared to be constitutional, not danger from this theory, which recognises the sovereign only by Congress, but by the Executive and Judiciary. power as abiding in the people at large! On this point No; the infamy which has attached to those obnoxious our judgment was not left without a guide, or forced to acts did not proceed from their being unconstitutional, rest on arguments only. The State Governments had whether they are so or nol. The people do not form been in operation sixiy years, and the Federal Union opinions so unreasonably or unjustly. We must look for nearly half a century, which had shed a flood of light on the cause of opprobrium to a different source the true the principles and tendencies of free institutions. Are character and design of those laws. They were regard. we to shut our eyes against their influence, and still ed as a premeditated and high-handed attack upon popu grope our way in the dark? Is the question settled, or lar power; a deadly blow at the sovereignty of the peo. is it yet in controversy, whether the people are safe deple; a bold and daring attempt to overthrow the public positories of power? On this question he would appeal will, to put down the popular opinion, and to rule the to the experience of the last fifty years. Is the danger country regardless of it. They were considered as an on the side of the people, or on the side of their political attempt to change the very element of the Government, agents? is power more dangerous with the many, or in which is founded on public opinion, and convert it into the hands of the few? He would appeal to the history a Government of force.

of the country the last half century to settle these ques. But that great scheme failed; and are its exploded, tions. Are we to heed every false cry of alarm? One reprobated doctrines now to be revived? Are we now says, Lo! here is danger! Another says, Lo! There is danto be told that there is no political power remaining in ger! But what says experience? He who gives a the people? that, having established and put in opera wrong direction to the public mind, in regard to the tion Governments, they have parted with all political source from whence danger is to be apprehended, does power whatever; that they cannot revise or new-model a real injury to the cause of freedom. From whence this form of government they have themselves establish have come the evils which have existed, and the dangers ell, unless in pursuance of a provision in the constitution, that have threatened us? llave they sprung from the or in accordance with a law of the Legislature! This is people, or from the abuse of the power and confidence maintaining that sovereignty resides in the constituted au intrusted to their agents, the constituted authorities, thorities, and not in the people at large; it is raising the which we have just been told were the only safe deposicreature above his creator, the agent above the princi- tories of power? Sir, said Mr. N., there bave been pe. pal. It is exalting the Legislature above, and making riods of danger to our institutions, if not to the liberties it independent of, the constituent body.

of the country--periods of doubt, darkness, and gloom; The constitutions of most of the States contain some when clouds springing up in the East, which spread unprovision for altering or amending them; some through til their length and breadih darkened our whole horizon, the agency of a convention, and some otherwise. But and charged with gathering and fearful thunderbolts, such constitutional provision is not inconsistent with and which threatened to burst upon our country with desocannot take away the right and power of the people, lating fury. We have heard much in this debate of con. acting in their primarily original capacity, to change ventions of the people, of the Baltimore convention, of their system of goveroment. This is a right which they caucuses, and of the danger of these popular movements; have not delegated, and whicb, of course, must abide but we have heard nothing of conventions not originawith the people at large. Conventions of the people ting with the people; we have heard nothing of the Hartmay be called, and often are, in pursuance of a law of ford convention. Sir, whatever may have been the guilt the Legislature; yet this is a mere matter of convenience. or the danger of that convention, and he believed there But does the law confer on them their power? That is was much of both, it did not spring from the people, but the question. If it does, then a Legislature can grant from the Legislatures, the constituted authorities, those to another body greater power than it possesses itself; only safe depositories of power, of four or five States of even the power to change or destroy those very forms this Union, where the people are distinguished for their under which it exists; a power to destroy the Legisla- sober, moral, and religious character. Shall we be told lure itself. This is preposterous, and shows the absurdity that the people approved and encouraged these proof the principle contended for. If a convention does not ceedings? This, he knew, had been said; but the whole derive its power from the Legislature, from whence can truth should be told. So far as the people did partici. it derive it, except from the people? What is a conven pate, they were stimulated and goaded on by their lead. tion? Is it not a body representing the people in their ers, wbo composed the constituted authorities. Their primary, elementary capacity, and wholly independent passions were inflamed, their fears aroused, their cu. of the Legislature and constituted authorities? if this is pidity stimulated, their prejudices appealed to, and not a true idea of a convention of the people, he should every art and artifice resorted to, aided by a formidable like to be informed what a convention is. The Senator array of talents, wealth, and official station, to deceive, from South Carolina (Mr. PrestoN) asks, who and what mislead, and burry along the people into their violent are the people? He was surprised at such an inquiry and factious measures. The people were not to blame; from any quarter, and still more that it should come from the guilt, be it more or less, must rest on the heads of

JĀx. 4, 1837.)

Admission of Michigan.


those who deceived and betrayed them. Sir, it was the Legislature, or in some other mode, is of no importance. people, a minority of the people, who, more than any In either case, the question, and he thought the only other cause, arrested these rash and dangerous measures, question, is, have the people of Michigan given their moderated their violence, and checked their excesses. assent? This is a mere question of fact. Was the conDuring that dark and gloomy period of the late war, that vention of Ann Arbor a convention of the people of bold and honest minority (despised, insulted, and abu. Michigan, and authorized to express their assent to the sed as it was) breasted the storm of faction at home, ral- | boundary? Of this he could see no reason to doubt; we lied around your Government here, and strengthened have at least prima fucie evidence that it was; there is, the arm of power, when weakened by wide-spread dis. indeed, much stronger evidence of the fact. The ciraffection and frightful dissensions. He was proud to say cumstance that there is no opposition, no remonstrance, that he was one of that minority.

from any portion of the population of Michigan, was, to Sir, (said Mr. N.,) at a more recent period there have his mind, the strongest evidence that the second conbeen clouds in another quarter, which have lowered vention did emanate from, and truly represent, the peo. over us, portending evil to the republic. There have ple of Michigan, and had rightfully and properly given been disorders and conventions at the South; conven. ibeir assent to the boundary, as required by the act of tions originating from the State authorities, those safe Congress. He would apologize for having detained the depositories of power. He might speak of the character Senate much longer than he intended, and thanked them and danger of those proceedings, but he furbore. The for their attention. bare allusion to them answered bis purpose. He could Mr. CRITTENDEN said that this was the only bill he speak with more freedom of transactions in his own sec had seen in that Senate, during his term of service, tion of the Union.

which had a preamble attached to it. It was his opin. The doctrine which he was combating was at war ion that it was 'wholly unnecessary. However, it was witb the great principles of the glorious American Revo- deemed necessary by some gentlemen, for the sake of lution; and, if true, these States ought still to be colonies, some argument or elucidation, to insert the preamble; and all of us subjects of Great Britain. He knew that but why, or wherefore, he did not apprehend. Did this was regarded as a revolutionary movement, but it was a preamble, he asked, vary and alter the construction of revolution founded on the great principle of ibe right of the law? Was it not the same with or without it? Had the people to "throw off the forms to which they had he been present when the bill was reported, he would been accustomed, and to provide new guards for their have opposed the adoption of the preamble, because it security"- the right to change or abolish their Govern. did not tell the truth, and the whole truth. It bore upon ment, and institute one more in conformity to their its face what the lawyers called a suppressio veri. Now, present wants. What is to be feared from the people? if the Senate were right in supposing that the convenWhat motives bave they to abuse the sovereigo power? tion of December last was a legitimate and constitutional The danger to our institutions and liberties is not from assembly, and that its proceedings were valid and bind. the people, but from their agents, the constituted au. ing, did the striking out or retaining of the preamble thorities, where alone it is said the sovereign power can affect the deliberations of the convention, one way or safely be reposed. The danger is here, in these halls, the other? He thought not. Michigan had precluded and in the balls of the State Legislatures.

herself from no right by it, and a right would be binding In regard to the particular question before the Senate, upon her, whether the preamble should be retained or he had buta word to say. If there has been any thing wrong Was not that very clear? Then, why retain it? or dangerous on the part of the people of Michigan, the Gentlemen had much beiter lay it aside, and, by making wrong originated here, and the blame is justly chargea. no allusion to it, they would avoid all the questions upon ble upon Congress. What they have done has been in which they had been so long debating. If there was to pursuance of our own law. The act of last session, pro- be a preamble at all, it was proper, as the Senator from viding for the admission of Michigan into the Union, Obio (Mr. Mornis] had said, that it should conlain a prescribes a condition, which was, that the boundaries true and complete history of the whole proceeding. He we had given to the State should be assented to by the (Mr. C.) would vote for ine preamble, provided all the people of Michigan, through a convention of delegates facts were introduced; or, if the question should be to be chosen for that purpose. It is true the word made, he would vote for striking it out. He thought “State" is used, but that was only descriptive, for that all parties might consistently do that. He expressed Michigan was not then a State, in the ordinary sense of his anxiety for the speedy admission of Michigan into the the term, althoogh she was a State for certain purposes. Union, and said that he was then prepared to vote for The assent was to come from the people, and through a the bill, and trusted that gentlemen would concur with convention of delegates, to be chosen by them for that him in opinion, that there was no necessity for the inserpurpose. The act required to be done was altogether tion of a preamble. a popular act; it was to be an act of the people in their Mr. FULTON said: Mr. President, it is not without primary, original, elementary capacity, without any ref. reluctance that I ask the indulgence of the Senate at erence to any action on the part of the existing authori. this late hour. After the full and able discussion to ties of Michigan. Had the assent been given by the which I have been an attentive listener, and from which first convention called by the Legislature, he concurred I have derived so much instruction, I feel incapable of with the Senator from Pennsylvania, (Mr. BUCHANAN,] shedding any new light upon the subject. But before in the opinion that it would bave been valid, and a com. the vote is taken upon the amendment proposed by the pliance with your law. The interference of the Legis. honorable Senator from Ohio to the preamble to the bill lature did not change the character of the convention; upon your table, I feel it to be my duty to state the it was a convention of the people, and its assent would grounds upon which I am compelled to voie for the bill, have been the assent of the people. But the interference with the preamble proposed by the honorable chairman of the Legislature was a mere matter of convenience or of the Judiciary Committee. form; it did not alter the substance of the proceeding, I owe my thanks, sir, to the honorable Senator from for the convention could derive none of its powers from Kentucky, for bringing us back to the subject under the Legislature; they came from the people, as the discussion; and as I shall confine myself strictly to the fountain and source of all political power. Your law points involved in the consideration of the bill upon the had referred the question to them; and whether they iable, I desire not to occupy much of the time of the held a convention according to a rule prescribed by the Senate, when its patience must be so nearly exhausted,




Admission of Michigan.

(Jan. 4, 1837.


in presenting the grounds which shall determine my Congress all the force it is possible to give it. Under vote upon the question. My reason, sir, for preferring existing circumstances, it is not to be wondered at that the original preamble to the bill is, because I consider the people of Michigan at first refused to yield their that in this matter the United States stand in the attitude

Excited as they were, and unwilling to give of a mediator between the sovereign State of Michigan up a portion of territory they were anxious to hold, their on the one hand, and the States of Ohio, Indiana, and Il. consent to the change was difficult to obtain. After linois, on the other. I believe, sir, that the intervention cool and mature deliberation, they did at last give ibeir of Congress at the last session, whether rightful or other consent to the establishment of the boundary as it had wise, has been the means of bringing to a happy termi- been proposed to them. And, sir, can it now be ques. nation a most alarming and difficult dispule on the subcioned that the people of Michigan consider themselves ject of boundary between sovereign States, and which it bound by the act of the last convention which fixed their is now our duty to maintain, by all the means in our boundaries? Do we hear a murmur from any quarter? power. If, sir, the amendment proposed by the honor. Have any portion of the people, bowever small, protestable Senator from Ohio shall prevail, it will, to say the ed against the proceedings of that convention? Is there least of it, produce a doubt as to the bindir.g force of the a single citizen of Michigan who asks us to disregard act of the State of Michigan, in which she has given her the boundaries it bas established? Not one, sir, as far consent to the settlement of the boundary, as proposed to as I am informed. her by Congress. Believing, sir, that the sovereign Now, sir, believing, as I do, that Michigan was a sover. power is in the people of Michigan, 1 bold them to be eign State from the moment that Congress acknowledged capable of making an entire new constitution; and to be her as such, and that she has been induced for the sake able to do so without following the plan pointed out in of peace, and also to obtain her weight in the councils her present constitution for amending that instrument. of the nation, to consent to the establishment of the If the people of any State in this Union have adopted a con limits by which an unfortunate dispute is forever put to stitution, by which they afterwards find they are griev. rest between her and three of ber sister States, I am ously oppressed, it is their right, it is their duty, 10 anxious that every thing shall be done on our part to seannul it, in a peaceable manner if possible, and to adopt cure the maintenance of the boundaries so established, such a form of government as they may approve of. No and to quiet forever this distracting question. I wish people are free, no Government is democratic, when the to hold Michigan on the terms she bas consented to, and great body of such people are forced to submit to be op- to bind her to the observance of her limits, as established pressed. But, sir, even admitting that such a change by the convention held at Ann Arbor. I am, therefore, of Government as I have mentioned be considered rev. extremely anxious that in the present action of Congress olutionary, yet is it not susceptible of being sanctioned upon this subject we should show to the State of Michi. and adopted by the sovereign power of the State, and all gan, (for, sir, I consider lier in all respects an independthe validity given to it, as if it were lawful in its origin? ent State, and capable of performing every act of sover

But, sir, I consider that the settlement of this bound. eignty which the other States of this Union are capable ary question has not changed the constitution of Michi. of,) ibat we intend to hold her to the boundary she bas gan. It is true that the territory within which that con now established. Michigan has fixed her boundarios as slitution is to operate, as also the people to be governed an independent State, and it therefore becomes our duty by it, are somewhat changed; but the form of the Gov. so to act in passing the bill to entitle her representatives to ernment itself is not altered in any respect whatever. take their seats in Congress, as to prove to her that we I believe, sir, that it is in the power of a State lo settle consider her bound to adbere to the boundaries she has a question of boundary by commissioners, or in any other established. With these views, I shall support the premanner wbich she may authorize; and that, in the pres- amble attached to the bill presented by the honorable ent instance, the people of Michigan bave acted upon chairman of the Judiciary Committee. the question in their sovereign capacity, and have sol. The question of boundary was one which properly be. emnly determined, by their delegates in convention, to longed to the States and the Territory of Michigan, (if surrender a disputed portion of ber territory upon their her boundaries had been permanently fixed,) who were southern border to the States of Ohio, Indiana, and Illi- interested in the question. But as the northern bound. nois; and bave acquired a tract of country upon their ary of Michigan had not been established, Congress bad northern border, over which the constitution of Michi- the right to define her boundaries at any time before her gan is now operating in full force; and that the country independence was acknowledged. After that acknowl. and the people included within the limits established by edgment this right would have ceased but for the conthe last convention now constitute the State of Michigan. dition prescribed in the act of the last session of Con. I am at a loss to perceive the object aimed at, in wishing gress; and, sir, the wisdom of that act is now fully proved to give importance to the proceedings of the convention hy the happy consequences which are about to result which refused to act upon the boundary question. Its from it. being convened by the majority of the representatives I entertain some views, Mr. President, in relation to the of the people cannot make it a more valid convention admission of States into the Union, which perhaps are dif. than the one convened by the authority of the people ferent from those of others. The territory of the United themselves. And, certainly, the last act of the people is States comprehends all that portion of country included the one wbich we ought io regard as most obligatory within the limits of the United States, and all the inhabiupon them at this time. I am aware, sir, of the difficul- tants within those boundaries are American citizens, and ties which existed. This boundary question had well citizens of the Union. Whenever a portion of this terrinigh involved the contending parties in civil war. The cory, with the people inliabiting it, are organized into Federal Government had interposed, and had endeavor. a territorial form of government, a dependent State is ed, by all the means in her power, lo prevent bloodshed. created by the Government of the United States. These She, perbaps, even claimed more power than she pos- citizens lose none of their rights as American citizens, sessed, if she attempted to fix the boundaries of either a excepting that they consent, by submitting to be citizens State or Territory, if such boundary had been previous of a dependent Stale, to a temporary denial of cerlain ly established. She, however, was performing the part privileges which they would have a right to exercise if of a peacemaker, and in that sacred character we should they were citizens of an independent State. They are regard her acts with the utmost liberality. I am, there formed into a separate community; their limits are, or fore, prepared to give to the act of the last session of ought to be, defined, and the right of jurisdiction within

Jax. 4, 1837.)

Admission of Michigan.


those limits is surrendered to them; they are vested with YBAS— Messrs. Bayard, Black, Calhoun, Clay, Crittenlegislative power, and, by degrees, are invested with all den, Davis, Kent, Knight, Moore, Morris, Prentiss, Presthe powers of self-government. A compact is thus enter ton, Robbins, Southard, Swift, White-16. ed into between the parent Government and the depen. Nays-Messrs. Benton, Brown, Buchanan, Dana, Fuldency, by which the rights and privileges of the citizens ton, Grundy, Hendricks, Hubbard, King of Alabama, of the latter become so completely vested, that any act King of Georgia, Linn, Nicholas, Niles, Page, Parker, on the part of the parent Government, changing the lim- Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, its or abridging those rights, powers, and privileges, Tipton, Walker, Wall, Wright---25. secured to them by the compact, or organic law, would Mr. CALHOUN moved to strike out the preamble, and be such an act of injustice as would justify resistance on insert, in lieu thereof, a section repealing the condithe part of the dependency. This embryo State, sir, tions imposed on Michigan by the act of the last session, the moment the parent Government releases her from as to her assent to the boundary prescribed in that act. the obligations imposed by the organic law, and autho On submitting this motion, Mr. CALHOUN moved rizes her to form for herself her fundamental law, and that the Senate adjourn, in order to allow him an opporestablish ber own form of government, becomes an in- tunity of addressing the Senate in its support the next dependent State; and being within the limits of the Uni- day. ted States, and her citizens being American citizens, she This motion was lost: Yeas 13, nays 24-as follows: becomes also a member of the confederacy. The Uni YEAS-Messrs. Bayard, Black, Calboun, Davis, Kent, ted States have only to see that her form of government King of Georgia, Knight, Moore, Parker, Prentiss, Robis republican, and the State, in making her constitution, bins, Southard, Swift-13. forms it as a meniber of the confederacy, under the Nays-Messrs. Benton, Brown, Buchanan, Dana, Ful. obligations imposed by the constitution of the United ton, Grundy, Hendricks, Hubbard, King of Alabama, States.

Linn, Nicholas, Niles, Page, Rives, Robinson, Ruggles, To admit a foreign State, Congress could not act Sevier, Strange, Tallmadge, Tipton, Walker, Wall, upon the subject unless she presented herself with a re White, Wright-24. publican form of government; but of what avail is it for The question was then taken on Mr. Calhoun's Congress to examine the constitution of a State compo- amendment, and it was lost: Yeas 12, nays 25—as folsed of American citizens, who owe allegiance to the lows: Federal Government, and who are bound, in forming YEAS--Messrs. Bayard, Calhoun, Davis, Kent, Knight, their constitution, to make it in strict conformity to the Moore, Morris, Prentiss, Robbins, Southard, Swift, requirements of the federal constitution? A State, in White--12. making or altering her constitution, does so at her peril; Nays--Messrs. Benton, Brown, Buchanan, Dana, Ful. and our only security against a violation of the constitu- ton, Grundy, Hendricks, Hubbard, King of Alabama, tion in this particular by any of the States of this con- King of Georgia, Linn, Nicholas, Niles, Page, Parker, federacy is, that the United Sta!es are bound to see that | Rives, Robinson, Ruggles, Sevier, Strange, Tallmaulge, the constitutions of all the States are republican. Tipton, Walker, Wall, Wright--25.

I consider, Mr. President, that the delay wbich has ta Mr. WHITE, of Tennessee, said that when this bill bad ken place, in the acknowledgment by Congress of the been before the Senate at the last session, he had voted rights of Michigan, is an act of great injustice to her. against it; but at that time a bill was pending before the I consider, sir, that we have nothing to do but to ac other House to settle the northern boundary of the State knowledge her rights, and that every moment this is de- of Ohio; and as the same line which constituted the layed we are threatening the integrity of the Union. northern boundary of Ohio would be the southern boundIt we reject her now, or longer refuse to her Senators ary of Michigan, he was one of those who thought that and Representative their right to their seats in the two Michigan ought not to be admitied as a State till that branches of Congress, we will be guilty of an act calcu. boundary was settled. While Michigan remained a Terlated to bring about a dismemberment of this happy ritory, Congress had power to settle the dispute, and asUnion. We have surrendered to her the right of domain, sign her limits, but let her once be admitted as a Stale, and the sovereignty of the soil within her limits; and if and Congress would lose that power. As it could not we continue to persist in an attempt to bind her by laws be known with certainty whether the bill then pending which she bas no part in making, she will be justified in in the flouse of Representatives would become a law or setting herself up as an independent foreign Power; and not, and as he was obliged to vote in the meanwhile, he in claiming the right of property to all the public lands could not reconcile it to his views of propriety to receive within her limits, and in throwing open her ports to all Michigan while the boundary question remained open. the world. This, sir, is the dilemma in which we will The bill settling the boundary, however, did pass, place ourselves, by refusing to acknowledge the rights i eventually, into a law, and was approved on the 23 June. of Michigan. Let us, then, hasten the final action upon He approved of that bill, because he believed that Con. this subject, and pass, without further delay, the bill gress had power to fix the boundary, and that it was upon your table.

wise to do it. That question having been settled, the The question was then put on Mr. Morris's amend case now presented itself under a different aspect. He ment to the preamble of the bill, and decided in the neghad been opposed to the preamble of the present bill, ative, by yeas and nays, as follows: Yeas 18, nays 23. because, to say the least, he considered it doubtlul

Yeas-Messrs. Bayard, Black, Calhoun, Clay, Critten- whether the facts there recited were really so. He had den, Davis, Kent, King of Georgia, Knight, Moore, Mor- been in favor of the first amendment of the preamble. ris, Prentiss, Preston, Robbins, 'Sevier, Southard, Swift, That having been rejected, he had then voted to strike White-18.

the preamble out of the bill, but had failed in that also. Nars-Messrs. Benton, Brown, Buchanan, Dana, Ful. Having then recorded his vote against the reasons put ton, Grundy, Hendricks, Hubbard, King of Alabama, forth by the majority in the preamble in support of ihe Linn, Nicholas, Niles, Page, Parker, Rives, Robinson, bill, he was now called upon to vote on the question of Ruggles, Strange, Tallmadge, Tipion, Walker, Wall, its final passage, and unless he saw further reason to Wright-23.

change his opinion, he should vote in the affirmative. So the amendment to the preamble was rejected. He should receive Michigan, however, not for the rea.

Mr. SOUTHARD moved to strike out the preamble; sons contained in the preamble, for that was no part of which motion was rejected: Yeas 16, nays 25-as follows: 1 the law, nor did he agree to those reasons; but on

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