Society in America. Harriet Martineau

the law—i.e. of the will of the majority—remains to be seen. Meantime, the continuance in office of the person whose declaration to the above effect remains unretracted, may be regarded as one of the deepest wounds which has been inflicted on the liberties of the nation.

      Another attempt, brought on, no doubt, by Kendall's success, to derange or stop the functions of the post-office, has failed. Mr. Calhoun's Bill, commonly called the Gag Bill, prohibiting postmasters from receiving and forwarding any papers whatsoever containing anything relating to slavery, actually was brought to a third reading by the casting vote of the president of the Senate. There was fear, at the time, that this casting vote might ensure the success of the bill, from the popularity of the vice-president. But the bill was thrown out on the third reading; and the effect of the casting vote has been, not to aid the bill, but to injure materially the popularity of the vice-president. This is so far well. It shows that the people are preparing to grapple honestly with the great, the hideous question, out of which arise these minor encroachments upon their liberties.

      Out of the slavery question arose the last monstrous usurpation of Congress, for which the emphatic rebuke of the nation awaits the sinning members. The story deserves to be told at length, on account both of its peculiarities, and of its furnishing a fair illustration of certain relations between the state and general governments.

      Great Britain was not very learned in the geography of the new world, in the early days of her colonies there. She gave Virginia a patent for lands, including what is now Ohio, Indiana, Illinois, Michigan, Missouri, and on to the Pacific. Other colonies obtained grants of equal moderation as to size, and wisdom as to disposition. This absurd partition, it was found, must occasion irreconcilable quarrels among the members of the confederation; and Washington proposed that all, after fixing their own boundaries, should throw into the common stock the huge unoccupied domain. Virginia led the way in making this honourable sacrifice. She fixed her own boundary; and the articles of compact between the United States and the people of the territory north-west of the Ohio river, declared that the territory should be divided into not more than five, nor less than three States. This was in 1787. The boundary prescribed for Ohio and Michigan, was found to be "not convenient." That is, Ohio found it so; and Michigan was not in a situation, at the time when Ohio was admitted into the Union, to insist upon the ancient boundary, prescribed at the time of the cession of land by Virginia. When Ohio was made a State, the boundary she desired was, among other particulars, ratified by Congress.

      In 1816, another portion of land, lying within what Michigan supposed to be her own territory, was taken from her, and added to Indiana, on the latter being made a State. An equivalent is offered to Michigan in a portion of land, to be taken out of Wisconsin, on the western side of Lake Michigan, which is the natural boundary of the territory. Michigan alleges that the inconvenience of a part of her territory lying on the other side of the lake would be so great, that the inhabitants would prefer belonging to Wisconsin; and the land would be ceded, as soon as Wisconsin becomes a State. The decision of the right of this case is the proper business of the Supreme Court, whenever the contesting parties shall have all come into the Union. Meantime, all parties are interested in bearing down the claims of Michigan. Ohio and Indiana desire to keep the lands Congress has authorised them to take. The slave States are anxious to hinder the increase in number of the free States; and by the ordinance of 1787, slavery is prohibited for ever, north-west of the Ohio. The slave States hope, by giving to Michigan a slice of Wisconsin, to make Wisconsin too small to be hereafter divided into two States. In this object, the south will be foiled. Even if slavery should exist till Wisconsin is ready for admission into the Union, there are two ways by which the desire of the south may and will be foiled. By the re-cession of the inconvenient portion by Michigan, as mentioned above; and by the willingness of these northern States to make themselves smaller, and add one to their number, as, by a proviso in the original compact, they have power to do, than let themselves be overborne by the south. This part of the contest, for "a balance of power," arises altogether out of the slavery question.

      Soon after I entered the country, Michigan became qualified to request admission into the Union. She did so, declaring her discontent with the boundaries prescribed to her by Congress, and her intention to demand, in the Supreme Court, on her admission, the re-establishment of the old ones. I was amused with the different views of the affair presented to me in different parts of the country. At Cincinnati, in June, 1835, I was told that the President had just transmitted a threat to Ohio, that if she did not yield the boundary claimed by Michigan, he would send the United States troops to fight it out. It was added that the vice-president had thus far prevailed with the President; it being of importance to Mr. Van Buren, that Michigan, which he considered in his interest, should be admitted into the Union in time to vote for him in the presidential election of 1836. There was much talk at Cincinnati of the resources of Ohio. The people would turn out, to a man. The legislature had instantly voted 300,000 dollars to raise troops; and one hundred and fifty thousand men would immediately be in the field: while Michigan had neither men nor money;—had absolutely nothing to depend upon but the six thousand United States' soldiers. This seemed to me to be too clear a case to be a very true one: and the event belied the story in almost every particular. Michigan did raise men; (though there was no war:) she had not the United States' troops: she is not in the interest of Van Buren; and Ohio could bring no troops into the field.

      Michigan proceeded to organise her state government, and sent her senators to Washington, during the session of 1835 and 1836. They were allowed to witness the proceedings, but not, of course, to vote. When I arrived at Detroit, the capital of Michigan, in the middle of June, 1836, the Governor told me that the Michiganians were in the singular position of having a state government in full operation, while they were excluded from the Union. The general opinion seemed to be that some concession must be made about the boundary line; in which case, Michigan would be admitted, in time to vote at the presidential election. I pursued my travels through and around the Territory; and when I returned to Detroit, a month afterwards, I found the place in a state of high excitement: an excitement fully warranted by the circumstances which had occurred.

      Congress had acknowledged Michigan to be a sovereign State; and had offered to admit her into the Union, on condition of her surrendering all claim to the disputed portions of territory.

      A grosser usurpation of power can hardly be conceived. Congress here usurped the function of the Supreme Court in passing sentence against Michigan: passing sentence, too, without hearing, or having a right to listen to, evidence on the case. Congress here required of Michigan to lay down her rights on the threshold of the Union, if she meant to be admitted. Mr. Adams intrepidly declared in the House of Representatives, that Michigan had more cause to ply the Nullification doctrine than South Carolina ever had. A South Carolina nullifier declared in conversation, that he believed the Michiganians' claims to be just: but that, sooner than give her the means of summoning another sovereign State before the Supreme Court, he would vote for her exclusion from the Union as long as he lives. A strange posture of affairs, where all justice seemed to be set aside, and the constitution to have become a dead letter!

      The anxiety next was to know what Michigan would do. There seemed too many symptoms of yielding. It was mournful to those who felt that now was the time, now the opportunity, so often sighed for in the best moments of the best men, for making a heroic stand for the right, to hear the forebodings about the canal shares, the lake trade, the probable pecuniary loss in various ways, if there should be delay in the admission of Michigan into the Union. If we spoke of the constitution, we were answered with the canal. If we spoke of patriotism, we were answered with the surplus revenue—the share of it that would be lost. Then, there were fears of war. We were told that the alternative was—admission, with its advantages, and a surrender of the contested lands; and exclusion, with war between infant Michigan and Ohio, backed by the United States. The alternative was rather, admission, with submission to unconstitutional force; or exclusion, with the lonely enjoyment of an honest sovereignty. But this was not the only alternative. Remaining out of the Union did not involve war. Michigan might remain out of the Union, peaceably, and under protest, till the people of the United States should become fully possessed of her case, and aroused to do her justice. It was with heartfelt delight that I found, at length, that this last honest course is that which Michigan has determined to pursue. It is so common for communities, as