Charles Sumner: his complete works, volume 05 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 05 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
New States MAY be admitted. Out of that little word _may_ comes the
power, broadly and fully, without any limitation founded on population
or preliminary forms, provided the State is not within the jurisdiction
of another State, nor formed by the junction of two or more States,
or parts of States, without the consent of the Legislatures of the
States. Kansas is not within the _legal_ jurisdiction of another
State, although the laws of Missouri are tyrannically extended over
her; nor is Kansas formed by the junction of two or more States; and
therefore Kansas _may_ be admitted by Congress into the Union, without
regard to population or preliminary forms. You cannot deny the power,
without obliterating this clause. The Senator from New York was right
in rejecting all appeal to precedents as entirely irrelevant; for
the power invoked is clear and express in the Constitution, which is
above all precedent. But since precedent is enlisted, let us look at
precedent.
It is objected that the _population_ of Kansas is not sufficient
for a State; and this objection is sustained by under-reckoning the
numbers there, and exaggerating the numbers required by precedent. In
the absence of any recent census, it is impossible to do more than
approximate to the actual population; but, from careful inquiry of the
best sources, I am led to place it now at 50,000, though I observe that
a prudent authority, the “Boston Daily Advertiser,” puts it as high as
60,000; and while I speak, this remarkable population, fed by fresh
emigration, is outstripping even these calculations. Nor can there be
doubt, that, before the assent of Congress can be perfected in the
ordinary course of legislation, this population will swell to the large
number of 93,420, required in the bill of the Senator from Illinois.
_But, in making this number the condition of the admission of Kansas,
you set up an extraordinary standard._ There is nothing out of which
it can be derived, from the beginning to the end of the precedents.
Going back to the days of the Continental Congress, you find that in
1784 it was declared that 20,000 free inhabitants in a Territory might
“establish a permanent Constitution and Government for themselves”;[99]
and though this number was afterwards, in the Ordinance of 1787 for
the Northwestern Territory, raised to 60,000, yet the power was left
in Congress, and subsequently exercised in more than one instance, to
constitute a State with a smaller number. Out of all the new States,
only Maine, Wisconsin, and Texas contained, at the time of admission
into the Union, so large a population as is required in Kansas,--while
no less than _fifteen_ new States have been admitted with a smaller
population, as will appear by the following list, which is the result
of research, showing the number of “free inhabitants” in these States
at the date of the proceedings which ended in their admission.
Public-domain text, read in full here on John Shaqi.
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