East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1860-05-17
EAST SAGINAW, MICHIGAN, MAY H. 1860.

or Senator by speech put into the Con
gressional Globe could give imterpreta
tion to law in violation of the PLANES
construction Of language.
My colleague from Ohio (Mr. Payne
this morning made reference to speecl
of Hon. II. Nj. Il. Hunter, of Virginia
/ ask your attention to it again. In {
speech in the Senate Of the United States
on the 24th of February, 1854, upon the
Kansas. Nebraska bill, for the information
of his brother Senators and his constitu
ents, he said
"The bill provides that the Legsla
lures of these Territories shall hav,
power to legislatc over all rightful sub
jects of Legislation consistently with the
Constitution. And, if they should as
sumo powers which are thought to be in.
consistent with the Constitution, the
courts will decide that question wherever
it may be raised"
There, sir, is the substance, the very
words reported by the minority of the
Committee on the platform. And now,
sir, | could point out in the Congressional
Globe a thousand instances where the
same sentiments have been uttered. j
have heard it, day after day, in the SEN
ate of the United States from men who
voted in favor of the Kansas and Ne
braska bill. know it; it is not sub
ject of argument. know it was intend
ed to leave all differences upon this SUBJ
ject to the people. We could not agree
upon it; we could not settle it, and no act
of Congress ever will settle it. And that
brings me to ask whether it be proper
subject for Congress to settle, or for us
to settle? Now, sir, nobody can deny
that in a government constituted as ours
is with the federal authority, wholly de-
rived from delegation by the respective
States, with dependent colonies, with ter
ritories, as we call them now, organized
by us, there is peculiar American right
of emigration from the States into the
Territories. l acknowledge that it is not
a mere native right of man to come
simple and isolated. He does carry with
him not under the laws of the State from
which he comes, not derived from the
constitution, but from our form of gov
crnment, to take with him his family, his
household and his property. / admit, on
the other hand, that there is another
American right as peculiar and as well
right of self-government
in the Territories as well as in the States.
How far these two rights may come in
conflict with each other, in what cases
and to what extent in particular circum-
the preference is to be given to
one over the other, is question which
no general rule can decide in advance,
which no platform can cover. 1t must be
left to some tribunal, to some authority.
If it should appear at the time that there
is no competent authority provided for
making such decision, then will be time
enough to appeal to the wisdom of the
States to provide for them. The most
ordinary manner in which such contro-
versies will appear, will be through the
courts of the United States, those tribu-
nails established for the purpose of decid-
ing questions arising under the Constitu-
ton and laws of the United States.
And here let me make single obser-
vation in reply as well to the gentleman
from Alabama as the gentleman from
l agree that no Court,
Supreme or inferior, has any right to
bind any State in the last resort Zap
plause.) I-believe the federal govern
ment to be founded upon mutual compact
between the States, and as the States en-
tered into that compact of their own SOW
ereign will, so it belongs to each Of them
rs the arbiter Of its own destiny, to de-
eide when the compact has been broken,
and the mode and measure Of redress. -
Great applausc.) But while l say that,
say in reference to the federal govern.
ment itself within its own sphere, with
regard to its coordinate departments, it
must of necessity result that the dccis-
ions Of the judiciary arc to be respected.
Now, sir, reference was made to the
case of the bank of the United States.
| understand the Court to have decided
that United States Bank was constitu-
.ional, that is to say, that Congress might |
charter such an institution. Very well, |
gentlemen, /, as a member Of Congress,
would not charter United States Bank. |
| did not do it. But when Courts de-
tide that Congress has no power under
he Constitution to pass an act excluding |
Ilavery in the Territories, and Congress,
notwithstanding, passes such an act, the
legislative and judicial branches of the
government are brought into collision,
mi the government itself is brought to
. close. 1t is therefore the duty Of the
aw making power in such an emergency
rot to trench upon the decisions of the
Courts. / will say as / have said once
before, that the Court shall never make
ne political platform. No Court shall
over guide me in advance or retro actively |
Is to any matter of opinion. will be-
ieve anything or disbclieve anything.
will retain my own opinion and will vim
licate it at all proper places and times,
but as a legislator will never bring the
Legislative and Judicial branches of the
Government into collision. On the con-
trary, whatever may be my own individ-
ual opinion, will bow to the decisions
Of the Courts, and so far as in mc lies,
will see that they arc faithfully exc
cuted.
Therefore, il the Supreme Court shall
decide, contrary to my judgment, that a
Territorial Government has no power to