Even in a monarchy the king cannot prevent the subjects from enjoying
equality in the disposition of the public property. Even in a despotic
government this principle is recognized. It was the blood and the
money of the whole people (says the learned Grotius, and say all the
publicists) which acquired the public property, and therefore it is
not the property of the sovereign. This right of equality being, then,
according to justice and natural equity, a right belonging to all
States, when did we give it up? You say Congress has a right to pass
rules and regulations concerning the Territory and other property of the
United States. Very well. Does that exclude those whose blood and money
paid for it? Does "dispose of" mean to rob the rightful owners? You must
show a better title than that, or a better sword than we have.
But, you say, try the right. I agree to it. But how? By our judgment?
No, not until the last resort. What then; by yours? No, not until the
same time. How then try it? The South has always said, by the Supreme
Court. But that is in our favor, and Lincoln says he "will not stand that
judgment." Then each must judge for himself of the mode and manner
of redress. But you deny us that privilege, and finally reduce us to
accepting your judgment.
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