The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1860-12-13


and 1t Is |, remar kable fact in our history, that
Notwithstanding the repeated efforts Of the
antl-slavery party, no single act has ever pass
ed Congress, unless may possibly accept
the Missouri Compromise, imparing in the
slightest degree the rights Of the Sonth to their
property in slaves: and it may also be OBJ
served, judging from the present Indications
that no probability exists of the passage of such
an act by majority of both houses, either in
the present or next Congress. Surely, under
these circumstances We ought to be restrained
from present action by the precept of Him
who spake as never man spoke. that sufficient
unto the day is the evil thereof" The day of
evil may never come, unless we shall rashly
bring it upon ourselves.
1t is aledged, cause for immediate
secession, that the Southern States are denied
equal rights with the other States in the COM
mon territories. But by what authority are
those denied? Not by Congress, which has
never passed, aud | believe never will pass
any act to exclude slavery f,Dm these Terrific
ries, and certainly not by the Supreme Court,
which has solemnly decided that slaves are
property, and like all other property, their
owners have a right to take them into the
common Territories. and hold them there un-
der 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 do hereafter. 1t viii surely
be admitted that this apprehension Of danger
Is no good reason for an immediate dissolution
of the Union. 1t Is true that the Territorial
Legislature of Kansas, the 23d of I ebruary
1860, passed, in great haste, on act over the
veto OF the Governor, declaring that slavery is
and shall be forever pr hioted in this Territory
Such an act, hOWeye", pla nj violating the
rights Of property secured by The Constitution
will surely be declared void by the Judiciary
whenever II shall be presented in a legal form.
Only three days after my Inauguration the
Supreme Court of the United States sOlemuly
adjudged that this power did not exist in a
/ Territorial Legislature. Yet such has been
the factious temper of the times that the cor
rectness of this decision has been extensively
impugned before the people, and the question
has given rise to angry political contiitcs thro-
gu ght the country. Those who have appealed
from the judgment of our highest COustitu-
tional tribunal to popular assemblies, would
ii they could, invest Territorial Legislature
with power TO annul the sacred rights OF prop
erty. This power of Congress is expressly for
bdden by the Federal Government to exercise.
SLAVERY IN TIE TERRITORIES.
Every State Legislature is forbidden by its
own Constitution to exercise it. 1t cannot be
exercised in any State except by the people
! in their highest eovereign capacity, when Il "a
ming or amending their State COnstItutIon.-
In like manner. it can only be exercised by
/ the people of the Territory represented in
! Convention Of delegates for the purpose offra-
| ming a Constitution preparation to admission
1 as a State into the Union Then, and not
/ til then, they invested with power to de-
! eide the question whethes slavery shall or
/ shall not exist within their limits This is an
/ act of sovereign authority, and not of subor-
/ diuate territorial legislation. Were it other
/ wise, then indeed would the equality of the
/ States III the Territories be destroyed, and the
! right of property in slaves would depend, not
! upon the guarantees OF the Constitution, but
upon the shifting ms jOritics Of an irresponsi-
/ bic Territorial Legislature. Such doctrine,
/ from its intrinsic unsUundncss, cannot long
/ influence any considerable portion of our pee
! ple much less can it afford good reason for
! p dissolution Cf the Union. The most paipa-
I bic violations of Constitutional duty which
! have vet been committed, consist III the acts
| Of different State Legislatures to defeat the
1 execution of the Fugitive Slave Law. 1t ought
| to be remembered, however, that for these
/ acts neither Congress nor any President can
/ be Justly held responsible having been pass
/ cd IN violation Of the Federal Constitution,
! they are therefore null and void. All the
/ courts. both State and National, before whom
! the question has arisen, have from the begin
! n'ug declared the Fugitive Slave Law to be
/ Constitutional; the single exception is that OF
the State court in Wisconsin, and this has not
| only been reversed by the proper appellate
| tribunal but has met with such universal rep
/ rotation that there can be no danger from 1t
/ as a precedent The validity of this law has
been established over and over again by the
( Supreme Court of the United States with per-
/ feet unanimity 1t is founded upon an ex-
press provision of the Constitution requiring
/ that fugitive slaves who escape from service in
| one State to another shall be delivered up to
! their masters Without this provision 1t Is n
! wel-known historical fact that the COnstitu
/ ton itself could never have been adopted by
/ the Convention. In one form or other, under
| the acts of 1893 and 1850, both being sub
| stantialiy the same, the fugitive slave law has
been the law Of the land from the days OF
Washington until the present mO'nent. Here
! then a clear case is presented. in which 1t Will
| be the duty of the next President, as 1t has
been NV own, to act with vigor in executing
| this supreme law against the conflicting enact
ments of State Legislatures. Should he fail
in the performance of this high duty, he viii
| then have manifested disregard OF the Con-
stitntion and the laws, to the great INJURY OF
the people of nearly one-half Of the States OF
( the Union But are TO presume. IN ad-
| vance that he will thus violate his duty! This
would be at war with every principle OF JUS
tcc and of Christian charity. Let us wait ior
the overt act.
/ ThE FUGITIVE SLAVE LAW.
The fugitive slave law has been carried into
execution in every contested case SINCE the
commencement of the present Administration,
though often, it is to be regretted, with great
! loss and inconvenience to the master, and con-
siderable expense to the Government. Let us
trust that the State Legislatures Will repca!