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52
WRITINGS OF SAM HOUSTON, 1858
I thought it was. [Laughter.] I have had great veneration for it. I have heard it very much abused and spoken badly of. I am very sorry that any circumstance of this kind should have occurred to depreciate it in my estimation, for I think it a very unsound decision. I will acquiesce in it like a good citizen, but I think it is very unsound. It is the first time, I presume, that ever that court has decided against Federal right and Federal power. I would rather it had passed over this subject without any expression on it. I should hope that there was some remedy for the evil, but now I despair of it.
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1 Congressional Globe, 1857-1858, Part 2, pp. 1409-1410.
REMARKS CONCERNING THE ADMISSION OF MINNESOTA AS A STATE OF THE UNION 1 March 31, 1858. Mr. Houston. I am disposed to concede to Minnesota every- thing that ·she ought to expect or desire. Surely it cannot be the desire of any new State, about to enter the Union, to be admitted in an unconstitutional manner. It is conceded on all l1ands that the members returned from Minnesota were not elected in a legal and proper mode. They were elected by gen- eral ticket, and not by single districts, as the law requires. This was done in total disregard of law. Can they claim to be entitled to seats in the other House, when they come forward asking for them -in violation of law? Has the Senate power to create Representatives for the several States or Territories? Surely not. That is a right which belongs to the people, according to certain legal forms and regulations; and unless they are elected in that way, their election is void. I say, then, that not one of those persons who claim to be Representatives from the State of Minnesota has a right to a seat in the House of Repre- sentatives according to law. Then, has the Senate the right to create Representatives? If it has not, it has no power to say who shall be admitted, or to determine which of these gentle- men shall be entitled to a seat in the other House. It belongs to the people of Minnesota, not to the Senate of the United States, not to the House of Representatives, to say who shall be elected. All these gentlemen may be admitted; but can it be done legally? I think not. If they are not legally entitled to seats, can you admit them as a matter of grace and favor? Have the Congress of the United States any right to extend to States or
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