Thus, Sir, do the people of Florida plead for the people of Kansas.
Distrusting the objection from inadequacy of population, it is said that the proceedings for the formation of a new State are fatally defective in form. It is not asserted that a previous enabling Act of Congress is indispensable; for there are notorious precedents the other way: among which are Kentucky, in 1791; Tennessee, in 1796; Maine, in 1820; and Arkansas and Michigan, in 1836. But it is urged that in no instance has a State been admitted whose Constitution was formed without such enabling Act, or without authority of the Territorial Legislature. This is not true; for California came into the Union with a Constitution formed not only without any previous enabling Act, but also without any sanction from a Territorial Legislature. The proceedings which ended in this Constitution were initiated by the military Governor there, acting under the exigency of the hour. This instance may not be identical in all respects with that of Kansas; but it displaces completely one of the assumptions which Kansas now encounters, and it completely shows the disposition to relax all rule, under the exigency of the occasion, in order to do substantial justice.
There is a memorable instance, which contains in itself every element of irregularity which you denounce in the proceedings of Kansas. Michigan, now cherished with such pride as a sister State, achieved admission into the Union in persistent defiance of all rule. Do you ask for precedents? Here is a precedent for the largest latitude, which you who profess deference to precedent cannot disown. Mark now the stages of this case. The first proceedings of Michigan were without any previous enabling Act of Congress; and she presented herself at your door with a Constitution thus formed, and with Senators chosen under that Constitution, precisely as Kansas does. This was in December, 1835, while Andrew Jackson was President. The leaders of the Democracy at that time scouted all objection for alleged defects of form, employing language strictly applicable to Kansas. There is nothing new under the sun; and the very objection of the President, that the application of Kansas proceeds from “persons acting against authorities duly constituted by Act of Congress,”[102] was hurled against the application of Michigan, in debate on this floor. This was the language of Mr. Hendricks, of Indiana:—
“But the people of Michigan, in presenting their Senate and House of Representatives as the legislative power existing there, showed that they had trampled upon and violated the laws of the United States establishing a Territorial Government in Michigan. These laws were, or ought to be, in full force there; but, by the character and position assumed, they had set up a Government antagonist to that of the United States.”[103]
To this impeachment Mr. Benton replied in these effective words:—
“Conventions were original acts of the people. They depended upon inherent and inalienable rights. The people of any State may at any time meet in Convention, without a law of their Legislature, and without any provision, or against any provision, in their Constitution, and may alter or abolish the whole frame of Government as they please. The sovereign power to govern themselves was in the majority, and they could not be divested of it.”[104]
Mr. Buchanan vied with Mr. Benton in vindicating the new State.
“The precedent in the case of Tennessee … has completely silenced all opposition in regard to the necessity of a previous Act of Congress to enable the people of Michigan to form a State Constitution. It now seems to be conceded that our subsequent approbation is equivalent to our previous action. This can no longer be doubted. We have the unquestionable power of waiving any irregularities in the mode of framing the Constitution, had any such existed.”[105]
“He did hope that by this bill all objections would be removed,—and that this State, so ready to rush into our arms, would not be repulsed, because of the absence of some formalities which perhaps were very proper, but certainly not indispensable.”[106]
After an animated contest in the Senate, the bill for the admission of Michigan, on her assent to certain conditions, was passed, by 23 yeas to 8 nays. You find weight, as well as numbers, on the side of the new State. Among the yeas were Thomas H. Benton, of Missouri, James Buchanan, of Pennsylvania, Silas Wright, of New York, and William R. King, of Alabama.[107] Subsequently, on motion of Mr. Buchanan, the gentlemen sent as Senators and Representative by the new State received the regular compensation for attendance throughout the very session in which their seats had been so acrimoniously contested.[108]