Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-12-14


temporal causes, which may probably
never again occur. In order TO justify
a resort to revolutionary resistance, the
federal government must be guilty Of
deliberate, palpable and dangerous exer-
else of powers not granted by the consti-
tuition. The late Presidential election,
however, has been held in strict conform
ity with its express provisions. How,
then, can the result justify revolution
to destroy this very constitution? Rea-
son, justice, regard for the constitution,
require that we shall wait for some overt
and dangerous act on Che part Of the
President before resorting to such a rem
edy.
1t is said, however, that the antece-
dents of the President elect have been
sufficient to justify the fears of the South
that he will attempt to invade their con-
stitutional rights. But are such appre-
tensions of contingent danger in the fu-
ture sufficient to justify the immediate
destruction Of the noblest system Of gov
ernment ever devised by mortals? From
the very nature of his office, and its high
responsibilities, ne must necessarily be
conservative. The stern duty of ad-
ministering the past and complicated con-
concerns of this government affords in
itself a guaranty that he viii not at
tempt any violation of clear constitu-
tional right. After all, he is no more
than the chief executive officer of the
government. His province is not to
make, but to execute the laws; and it
is a remarkable fact in our history that,
notwithstanding the repeated efforts of
the anti-slayery party, no single act has
ever passed Congress, unless we may
possibly except the Missouri Comprom-
ise, impairing in the slightest degree the
rights of the South to their property in
slaves. And it may also be observed,
Judging from present indications, that no
probability exists Of the passage of such
an act, by = majority of both Houses,
either in the present or the next Con-
gress. Surely, under these circumstan-
ces, we ought to be restrained from
present action by the precept of Him
who spake as never man spoke, that ''suf-
icient unto the day is the evil thereof"
The day of evil may never come, unless
we shall rashly bring it upon ourselves.
It is alleged as one cause for immedi-
ate secession that the Southern States
are denied equal rights with the other
States in the common Territories. But
by what authority are these denied
| Not by Congress, which has never pass
ed, and I believe never will pass, any act
to exclude slavery from these Territories
and certainly not by the Supreme Court
which has solemnly decided that slaves
are property, and, ike all other property,
their owners have a right to take them
into the common Territories, and hold
them there under the protection of the
Constitution.
/ So far, then, as Congress is concerned
the objection is not to anything they
have already done, but to what they may
may do hereafter. It will surely be ad-
mitted that this apprehension Of future
danger is no good reason for an immedi-
i ate dissolution of the Union. Il is true
that the Territorial Legislature of Kan
sas on the 23d of February, 1860, pass
ed in grea. haste an act, over the veto o.
the Governor, declaring that slavery i;
and shall be, forever prohibited in thl:
Territory" Such an act, however, plain
ly violating the rights of property secur'
ed by the Constitution, will surely be de.
clared void by the Judiciary whenever
it shall be presented in legal form.
: Only three years after my inaugura
, ton, the Supreme Court of the Unitei
States solemnly adjudged that this power
did not exist in a territorial legislature
Yet such has been the fractions tempeI
of the times that the correctness of thii
r decision has been extensively impugne(
! before the people, and the question ha
D given rise to angry political conflict
throughout the country. Those Wit
. have appealed from this judgment Of ou
: highest constitutional tribunal to popula
: assemblies would, if they could, inves
territorial legislature with power to an
nul the sacred rights of property. Thi
5 power Congress is expressly forbidden
$ by the Federal Constitution to exercise
q Every State Legislature in the Union i
? forbidden by its own Constitution to ex
ercise it. 1t cannot be exercised in an,
: State except by the people in their high
est sovereign capacity when framing o
: amending their State Constitution. L
a ike manner, it can only be exercised b
= people Of Territory represented in
convention of delegates for the purpos
4 of framing constitution preparatory
4 admission as a State into the Union
e Then and not till then, are they investe
d with power to decide whether SLAYER
c shall or shall not exist within their LIN
= its. This is an act Of sovereign author
e ity, and not Of subordinate Territori;
a legislation. Were it otherwise, then II
" deed would the equality Of the States
,t the Territories be destroyed, and th
e rights of property in slaves would depen
J. not upon the guarantees Of the Const
N tuition, but upon the shifting majorities
e an irrepressible Territorial Legislator
If Such doctrine, from its intrinsic vi
" soundness, cannot long influence any col
is siderable portion Of our people, muC
se less can IT afford good reason for di
" solution Of the Union
sr The most palpable violations Of COZ
IN stitutioual duty which have yet bee
ii committed consists in the acts OF diHere
State Legislatures to defeat the execute
T.