The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1857-02-17

Washington. Those Senators, with tho as
sistance Of other honorable men, have plea
their cause before rs many of the people a
they could summon to hear them. The
have labored therein most assiduously an,
unremittingly. Every federal officer in tn
State has been ready co-worker and a spe
cial pleader in their behalf: if, by any means
their motion for now trial might be granted
and the verdict against them reversed.
Pathetic appeals "to save the Union," and
solemn warnings against the perls of agita
tion, have been poured forth in every city
and village and hamlet Abstract question,
of theory have been adroitly substituted fol
living, practical issues, but all to no effect
Four-fifths Of the Representative Districts
nine.tenths of the Senatorial Districts, and
all the counties in the Lower Peninsula but
three, decided agains. them; and we are
deeds to the verdict which has already gone
forth from the ballot-box of last November.
This is emphaticaily the voice of tho peo-
pic of Michigan, despite the influence of the
Federal Government-and despite the ut
most exertions of our Senators and whole
platoon of ex-Governors, and other dgnita-
ries, who came to their defence and il, af-
ter they have thus had the most ample op-
portunity 20 defend themselves and to vindi-
cate their position, they still refuse to heed
the instructions which como thus reiterated
with increased emphasis from the great mass
of the people of the State, we leave them to
vindicatc, as well as they can. their anoma-
louise exposition, and their still more anoma-
exposition of the doctrine of instructions.
So much for this part of their defence;
and l come to the more important matter
the consideration of the questions at issue be-
tween us and them. They are on these two :
l. Has Congress the right, under the Con-
stitution. to prohibit slavery in the Terrific
ries?
2. If they have, ought they to exercise
that right? r J..T
On both of these questions, we affirm;
they deny.
1t is with great reluctance Mr.. President,
that l consent to detain the Senate upon this
subject for moment. Itwas my preference,
pressed rs we are with business, to allow
these resolutions to come to vote, without
any discussion; but as some of my brother
Senators have laid upon me the duty of de-
Tending them; and, as tho honorable Sena-
tor from the First District on the other side
Of the House, has reiterated his determine
ton to oppose them to the best of his abili-
ty, by speech and argument, have no dis
position to avoid the ISSUE And it will be
my purpose in defending the Republicans Of
Michigan, TO vindicate somewhat elaborately
the position we have taken in favor both Of
the right and duty of Congress on this sub
ject. Other points which are found in these
have not time to discuss. They
were all contained in the resolutions Of l6-
55, and the people of the State have. by an
majority Of fifteen thousand endors-
ed them all, and there leave them. I
come to the first question:
!. Has Congress the right, under the Con-
sttution, to prohibit. by law, the entrance
Of slavery into tho Territories of the United
States9
That they have this right, l argue from
several considerations:
!. Tho Territories belong to the Nation,
Is such; ard Congress is tho Nation in leg
slative capacity. In q pure democracy, all
The citizens assemble in mass to make the
avs and dispose of tho public property. In
\ representative Republic, the mass Of the
people delegate their power to chosen men
who act for them. Congress, then, as the
representatives of the Nation, arc. the own
RS of the public property, and. us a neces-
'ary result Of this ownership, they have the
light to control it-subject only to natural
ustice, which ia that universal and hither
aw to which all owe allegiance; and to the
fundamental law of the land tho Constitu-
ion of the United States.
The very idea Of owning property implies
he right to sell or exchange, or retain; and
i it is sold, it implies the right to prescribe,
n all respects, the terms and conditions of
ale.
Admitting then, that the Nation, as such,
$ the owner Of the public domain, (which
'ono but the extreme ultraists of the Calhoun
States Rights school have assumed TO dony,)
nd it follows, of course, that Congress, act
ng as the representatives and trustees Of tho
ation, have the right to sell on such terms
s they choose, unless natural justice or the
Constitution Of the United States, shall for |
id.
There is a certain degree of sovereignty |
implied in the very idea of ownership; end |
hat sovereignty Is entire wherever there is no
ther jurisdiction to interfere. This is the
recise relation Of Congress TO the Terrific
es, without any express provision upon the
inject, it being a case Of entire ownership,
nd no conflicting jurisdiction. In case of
roperty belonging to the General Govern
,ent, and within the jurisdiction of any State
he State jurisdiction precludcs that of the
ieneral Government; for jurisdiction, or the
ght to control, Is, in IFS very nature, exclu-
We.
II is not absolutely ne 'cssary, therefore,
lat the Constitution should, in so many
ords, confer the power TO legislatc for tho
erritories; provided, only, that il must ac-
nowlcdgc expressly or implicitly, their own
ship of these Territories. 1t follows Of ma
ire and necessity, that they can legislatc un.
IS there is something to forbid.
Such is the teaching of reason; and in per.
ct harmony Herewith is the doctrine of the
,oks. read from work Of the highest
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