Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-12-05

i rnrobstoo that there can be no danger from il as
preeedrut The validity OF this law has been established
over aud over again by the Supreme Court otoe Ined
St,tes with perfect uuanimity Its founded upon an ex
~ p-ovsoa Of the Constitution requiring that fugitive
slaves who escape from service in State to another
bau be delivered mp to their Without this
nrsvision IL il well known historical fact that the Con-
tuon itself could never have been adopted by the Con
vention In one foIm other under the acts Of lI9S
and 1850 both being substantially the same the fugitive
slave law has been the law Of the land from the daya OF
Washington until the present moment Here, then, a
clear case Is presented in which il will be the duty Of the
next President il has been my OWL 70 act With vgor
in executing this supreme law against the conflicting
enactments OF State legislatures Should he iah IN the
performance Of this high duty he viii then have maui
tested disregard OF the Constitution and laws, to the
great aiury Of the people Of nearly onehaf OF the States
of the Union But 20 presume In advance that be
viii thus violate his duty THIS would be at war with ev-
ry prncpe Of Justice and OF Christian charity. Let us
wait for she overt act The fugitive slave law has been
carried into execution in every contested case since the
commencement Of the present administrations though Of
be regretted with great loss and Inconvenience
20 the master and With considerable expense to the gov
ernment Let us hathe State legislatures will re-
neal their unconstitutional and obnoxious enactmens-
Unless this shall be done without unnecessary delay It
Is impossible for any human power to save the Union
The southern aes standing on the basis OF the Con-
sttuou have right 10 demand this act OF justice from
the States Of the North Should be refused then the
Constitution 20 which all the States are parties, viii
have been wholly violated by portion Of them in
provision essential the domestic security and haPpi'
ness Of the remainder. In that event the injured STA
after having first used all peaceful and constitutional
means 70 obtain redress would be justified in revolution
ary resistance 70 the Government Of the Union.
have purposely confined my remarks to the revolu-
tioulry resistance because tt has been claimed within
the LAST few years that any State, whenever this shall be
ia sovereign will and pleasure may secede from the
Cnion 10 accordance with the Constitution, and without
any violation Of the constitutional rights Of the other
members Of the Coniederacy That as each became par
ties 20 the Union by the vote OF It's own people assem-
bed in Convention so any Of them may retire IRON
the Union In similar manner by the vote OF such con-
In order 70 Justify secession az a constitutional remedy
IL be the principle that the Federal Government
Is mere voluntary association OF States, to be dissolved
At pleasure BY any Que Of the contracting parties. If
this be So the Conlederacy il rope Of sand TO be pea
eraed and dissolved by the first adverse wave o. public
opinion in any Of the States In this manner our thirty
three States NAV resolve themselves into as many petty
arrng and hostile republics each one retiring from the
Uuicn without responsibility, whenever any sudden e1-
element might impel them To such course. BY this
urocps Union might be entirely broken into fragments
l lev weeks which iorrtathers many years OF
toll privAion, and blood 70 establish.
Such pTncple is wholly inconsistent with the history
as well As the character OF the Federal Constitution Al
ter il was framed With The greatest debeton and care
WAS submitted TO conventions OF the people OF the sew
eral States for ratification. Is provisions were discussed
at length In those bodies composed Of the first men OF
the country Is opponents eoutended that conferred
powers upon the Federal Government dangerous TO the
RIGHTS o. the States whilst It's advocates maintained that
der fair construction OF the instrument there was no
Foundation for such sppreaeusous. In that mighty sirug
ge between the first tslects Of this or any other coln
ry u never occurred 20 any individual either among is
opponents advocates 20 assert, or even 10 intimate
at their Efforts we're all vain labor because the moment
-gaafa aH cha rgin L.
from the U1ion. What q crushing argument would this
have proved against those who dreaded that the rights OF
the States would be endangered by the Constitution
TIE truth is that Il not until many years after the
origin Of The Federal Government that such PROPOSE
zion was first advanced IL then met aud reiued by
the conclusive arguments OF General Jackson Who in
his message Of ldth January 1888, transmitting the null
living ordinance OF South CarOlua TO Congress employs
the following language "rhs right Of the people Of
sugle safe absose themselves &C will and without
the consent Of the other States from their most solemn
obligations and hIzlrd the liberty and happiness OF the
millions composing this UuOu cannO, be acknowledged
such authority is believed be utterly repuguant both
20 the principles upon which tn Geueral Government ia
constituted and 70 the objects which il expressly form
cd TO attain
H IS not pretended that any clause in the Constitution
gives couujenauce 70 such theory /, Is altogether
founded upon inference from any language contained
in the instrument ITSELF but from the sovereign eharac
ter OF the several States by which ratified But
ii beyond the power Of Safe, ike an individual 10
yield portion OF is sovereign rights TO secure the re-
In the language Of Nc Nsdson, who has been
called The father Of the Constitution: 1T Was formed
bv the Sti,cs-that H. by the people in each Of the
States ac ing in their highest sovereign capacity; aud
formed consequently by the authority which formed
the State Constitution"
'Nor IS the G1ycru:uen, OF the United States created
by the Constitution less Government in the strict sense
of the term uthn the shafc OF its powers than the Co
erumcuts created by the Constitutions OF Tue eS N'
within their several -p7ele5. rs, Ike th'm orsai1
INFO legislative ex cuive aud Judiciary departments IL
OPERATES TA, them directly persons and thngs; aud,
ke them it has 40 command physical force Tor eAecu
hog the powers committed % it,
E was intended to be perpetual and not 70 be annul-
led AZ The pleasure OF any one OF the contracting par es
Ths old arcles OF confederation we're entitled Articles
OF Confederation and Perpetual Union between the
States and by The l3th article IL Is expressly declared
that The articles of this Confederation shall be inyo-
bv observed by every State and the Union shall be per-
peuAL The preamble 10 tue Constitution oil the Dn.'eu
Sts having express reference 70 the articles OF Con-
federation reci,cs that il es'ab'shed Sin order 10
f5-m more perfect uuiou' Aud yet it u commended
tllt ths "mOre perlsc. union does not Include the
e aen,ial attribute OF pcrpe.ui.y
Rl.ta. che Union vas designed to BE- perpetual APP
pears coacllsyely iom the nature and eRteut OF the
movers cor red by the Constitution the Federal Go
yerrment These powers embrace the very highest at
tributes Of national sovereignty. They place both the
sxori aud the purse under its control Congress mas
power 70 make wsr, and 70 make peace; 10 raise and
support armies aud nave, aud 70 conclude rea les with
fo..isu governments 10 Is invested with the power TO
coin money and regulate the value thereof, and to
regulate commerce With foreign nations and among the
several States /. Is not necessary TO enunerate the
other high powers which have been conferred upon the
Federal Government In order 70 carry the enumerated
powers into effect Congress possesses the exclusive
right to ay and collect duties imports, and in common
with the States 20 lay and collect all other taxes.
But the Constitution has not only conferred these high
p1vers upon Congress- but it has adopted effectual
means restrain the States from interfering win their
exercise For that purpose has in strong prohloory
,ugu1ge expressly declared that mo State shall enter
into any treaty. alliance confederation; grant letters
Of marquc and reprl coin money! emit bills Of credit;
make anything but gold and silver con tender In pay
msnt OF deb; pass any bills OF attander, post tdeto
law or law impahog the obligation Of contracts More
over sthout the consent OF Congress, no State shall
lay any mpots or duties on imports or exports, except
what may be absolutely necessary for executing its H.
pecton laws" and II they exceed this amount, the ex
cess shall belong 70 the Uuited States.
Aud mo State shall without the consent Of Congress
lay any duty Of tonnage keep troops, ships OF wa
IN time Of peace enter into any agreement or compact
with another State, with foreign power; or engage
in war unless actually invaded in such imminent dan
ger az will not admit Of delay
la order st further 70 secure the uninterrupted exer
else Of these high powers against State interposton
Is provided that this Constitution aud the laws OF the
United States which shall be made in pursuance thereo
aud an treaties made or which shall be made, under tbs
authority Of the United Staes shall be the supreme law
Of the land aud the judges in every State shall be bound
thereby, anything in the Constitution or laws OF any
State 70 the contrary Notwithstanding"
The solemn sanction of religion hss been superaddet
10 the obligations OF official duty, aud all senator's anc
representatives Of the United States, all members OF State
Legislatures and all executive and Judicial officers "hott
o. the United States aud Of the several States, shall b'
oouud by oath or affirmation to support this Constitu
ton
In order to carry into sec. these powers the CO1st