Washington sentinel., 1854-03-05

State OF Indiana. The proprietor OF steam
boat running on the river did not see fit to go
through the draw; but, as the bridge was a light
one, he ran his steamboat against it, and
knocked down three or four of the arches.
The steamboat proprietor sued the bridge com.
pany for the injury done his steamboat, and the
tsidge company sued the steamboat man for
running against the bridge. What was the re-
suit? The Federal court, sitting at Indiana.
polls this winter, rendered judgment for the
steamboat proprietor, because the bridge had
obstructed navigable river-one made so by
no other means than by the ordinance of 1887
and they refused TO render Judgment for the
bridge company, because they were wrongtuliy
| in possession.
Sir. | have various authorities on this subject,
which could present; and beg leave to say
| here, that il my course, or my opinions, are
subject to the censure of, and are abhorrent to,
the whole American people, and are therefore
Infamous, l must be allowed to retnrnt the com
pliment, and retort by saying that think that
the views of the senator have, frop their own
weakness, sunk to such depth, that neither
ridicule nor contempt can descend to their level
| commenced that speech upon which the sena-
tor commented, and which he undertook to
criticise so severely, in these words:
He had been requested by some friends no,
TO advance the views he entertained upon thi.
subject, and 10 the opinion and desire OF those
gentlemen he had had great inclination 10 yield
his own conviction of duty; but, believing that err
could never promote truth. justice or the sue
cess of a proper cause, he was unwilling 10 YIELD
his own sense of propriety. Il was always better
in his opinion, that they should have the true
position of the powers granted 10 Congress under
the Constitution, and the powers reserved TO the
States and the people, than that they should de-
ceive themselves about those powers, however
10y "a -. ~ Il.
Il was always better Tint the truth should prevail
than that temporary success should be secured by
embracing and grasping aftererror
So repeat with the full conviction of my
head and my heart that it is better that the
| truth shall ut all times be urged, than that
| temporary success shall be the consequence OF
| error That speech was delivered in the House
of Representatives on the 18th of June, lS4S.
shall have occasion to refer to it hereafter. 1t
was replied to by the senator in this Chamber,
as have said, when | was private citizen at
home, pursuing my ordinary avocations. II
was delivered at time when great excite
ment prevailed about the organization OF Ore
gon and Of Californla--at q time when there
seemed to be very crude, and wild, and tanci,
ful notions in reference TO the powers OF this
government over the Territories. 1t was de-
livered after Mr.. Rhett, and others whose names
do not now reaollect, had wranssd and dis
puted over ne subject. Some assessed that the
sole power was in the squatter; that ssuatter
sovereignty existed in the Territories. Others
asserted trat the settlers had no power but that
all power was here. Others contended that
there was divided sovereignty; that this gov
| ernment had power to organize and give them
a government, and tell them they might have
legislature, and then they could 'tote along"
rs the Yirginians say, for themselves. All
| .sthis bundle of absurdiesh my speech was in
| tended to remove. think did establish, be-
yond question, that the authority was in this
government, and nowhere else that there was
| absolute, unconditional, unlimited authority
| here.
| have no hesitation in saying that shall be
able to show that the authority of tn terrific
ries is derived from US. You say that you dare
not use the term sovereignty" Why not?
1t is not question as to where the ultimate or
latent sovereignty rests. It's not as to whether
the ultimate or resulting sovereignty is in the
people; but the practical question is--who
wields, who exercises the sovereignty? Who
are the trustees who speak for the people ?
They are the Senate and the House of Repre-
sentatives of the United States, to whom are
delegated all the powers which the people have
to delegate under the Constitution. And for
the time being, while ] hold my place here,
there is one half at least of the senatorial au-
thority of Indiana out of the hands of the peo-
| pie. But short time will roll around, and they
will have the right not to exercise it themselves,
but to re-vest and re-depute it, either to me or
to another whomthey choose and consider more
worthy or more fit. ! may say here, in passing,
that it is not among the least of the consola-
tions which / derive from taking the course
| which have taken on this question, and advo-
eating the views of it which | advocate, that if
they Ee not right, and do not meet the appro-
baton OF my constituents, they will very soon
have an opportunity to signify their dsappro-
baton, and can very soon say to me, "you have
been an uniaithful servant, and we viii no.
longer confide our power to your hands, Sir,
shall act with an enlightened judgment on
this subject, without hesitation, and without
fear; and if express their sentiments, shall
expect that they will rally to my support and
sustain me in them. II do not, shall Just
as certainly expect them to discard me, as they
ought to do.
| 1t is not SO important to argue here the ques-
| ton of the validity of the ordinance of 1877,
| but to carry out the position which / have
| taken. The senator from Michigan has said
that my declaration is subject to censure. ]
| have said that his position was weakness, utter
| absurd weakness Who is in the right. and
who is in the wrong? He has challenged me
to this contest, and come to answer. He at.
tackled me when was in retirement, as have
said, and he occupying place here; my re-
sponse then would have carried no weight, and
no consideration with it. Few would have read
it few would have regarded it.
Now, let me say to that senator, that ] ar
raign him for contradicting and giving the lie
| to the continental Congress of the United
States in 1887, who formed this ordinance in
the first place. / arraign him for disputing
| here the intelligence, the integrity, and the
honesty Of the first Congress Of the United
States under the Constitution, and George
! Washington, the Father of his Country, the
| president of the then late constitutional con.
vention, and first President of the United
States who signed the bill which i wish to
read. The ordinance was passed by the conti-
mental Congress, under the articles of confede.
ration but the eighth law in number, which
ttx Of ftaE ErSf