The constitutional union., 1860-12-21


 strained from present action by the precept of Him who spoke as never man spake, that sufficient unto the day is the evil thereof" The day of eye emay never come, unless we shall rashly bring it upon ourselves. 1t is d. leged as one cause for immediate secession, that the Southern States are denied canal riohts with the other States in the common Territories. But by what authority are these denied Not by Congress which has never passed, and I believe never will, any act to cX- c.ude slavery from these. territories; and cer- tainly not by the Supreme Court, which has soIenniy decided that slaves are property, and like all other proIert their owners have the right to take them into the common Ter rit0rics and hold them there under the pro- tecIou ot' the Constitution. So tar then as Cougles. ia concerned, the objection is not to anything they have already done, but to what they may do hereafter. Ii will surely be ad- mitted that this apprehension of future dan ger is no good reason ior an Immediate GisSo- lu.iyn Of the Union. It is true that the Ter rl5Jrial io>l la-ure o Gassas, Gn tbe 21d oi February, 1860, passed in great haste, an act over .he veto of the Governor, declaring that slavery is and shall Le forever prohibited in the Territory. Such an act, however, plainly violating tle rights of property secured br the Constitution. will surely he declared void bv the Judiciary whenever 1t shall be pre- .ealeI n legal form. On,y three days al-
 er mE inauguration the Supreme Court Of JAe { lijcl States solemu}y &ojudicated that this power djd not exist in Territorial LcgiS- laturc Net such has been the tactious tenn per of the tiIues that the correctness of this decision has been extensively impugncd be- fore the people. and the question has given rise to angry political conflicts throughout the country These who have appealed from this judgment of our highest constitutional tribu- nal to popular assemblies. would, if they
 could. invest Territorial Legislature with power to aauul the sacred rights of property. This power Of Congress i. expressly forbidden by the Federal Constitution to exercise. and every State Legislature in the Union is for biddcn hy is own Constitution to exercise it. It cnnor be exercised by any State except bv the people im their highest sovereign ca racy when framing or amending their State Constitution. In like manner, 1t can only he exercised by the people of the Territory, rcn- resented iii convention of delegates for the purpose of framing aGoastitUtion preparatory to admission as , State into tEe Union then. and nos until then. are they invested with power to decide the question whether slavery ~nuI or shall not exist within their limits. This l- u act cf sovereign authority. and not vi subordinate territorial legislation. Were it otherwise, then indeed. would the equality ot the States in the Territory bc destroyed and tac right of property ii slaves would depend, not Upou tne guarantees of the Constitution. but upon the ehiftiugmAiortics anrrcspon~i- ble Territorial Legislature Such a doctrine, from .s intrinsic un uuGHesS cannot long in- tiu-ace any considerable e portion of our rec- n..-..n.l loss c.a .t a5.rl a ooo4 reason .ar a.--. '..aH o, t, af.n. x hc most ra'.a. h.e M ..at'uas u, e"-.#aioHaI dutv which ..-e ... r.aa committed consist il He ac.~ q. different -s-a Lc-i-i.suas jo defeat tae yzccu.5.u ol the 'ug.tYe Slave Law. ltou-ht jo l3 remeul elea, however, that ipr these :e-. neither f..-rs- lsranv President can te ,-Iv lalIIe-nou-ulc having been na@ cJ in violation of tho Federal Constitution, | l.a aIe therefore nul, and vo;d All tla courts. 'u- uta. Uo,h ~ta-a apa national. before N.H. <. question ls ,ri. sen. have from lHe l..u.H-. a. 'au5 tha u-.,ire Slave Inv rr {. constitutional. IAa single exception i- ta. z. i., >...a ur Wisconsin. aid this ia- U,.a'g iaaa rgva@ 'r ,la proper rge.I@e tribunal i-. has mel N..a-uch universal rc.- ronalu that there can te no danger from it as a pre- odout The vitality of this law Las haea established o,er and over aaain Ly the Supreme Court of the United States, with perfect unanimitv. it is founded upon ancZ- press provision ol the Constitution, requiring that tugiOive -luyg wIo c~cape from service T. onc State to ano.lor shall ue delivered up ta their na~tcgs. Without this provision, 1t \ Wa.l known historical !ay. that the Con-
 .5tu.ion ilylI could never have been adopted hy the Convention. ia one form or another. uular the acts or l1@3 and 1&JJ. Both bc
 ing substantially thasjuat the Fugitive Slave Law has been the law o' the lauu from thl dave of Wa-h;uston a.il the present mo- Hent Here then clear ease < prescnja3
 which t will De jhe duty Of Inc next Presi- dcnt t has fae0 mr own. to act with yIgol m executing fine supreme law against the con fict.a- euacmeaJ- ot State Legislatures tN'''bil i't idi III CHG tI l'i iii"'LNG VI t'AtF high Guty he will then have manifested . disregard of the Constitution and laws to the great injury of thc people of nearly one-halt of the States of the jnion But are we tC presume in advance that he will thus violate his duty This would be at war with every principle of justice and Of Christian charity
 Let us wait for the overt act The Fugitive Slave Law has been carr.cdinto execution ii cy cry contested ease since the commencement oi 1 thereo4cnt Administration though oiten.it is tC be regretted, with great lothand inconvenience and with considerable expense to the Govern mcnt Let Us trust that the State Legislature, will sepcai their unconstitutional and obnoX ious euactments Unless this shall be done without unnecessary delay it is impossible tol any bower to save the Union. The Southou ! States. standing on the basis of the Coustitu tion. have right to demand this act of jus tice from the States of the North. Should i
 be refused them. the Constitution, to whicl all the States are parties, will have been vii fully violated by one portion of them, in ; provision essential to the domestic security and happiness of the remainder. in tha event, the injured States, after having firs
 used all peaceful and constitutional means |, obtain redress, would be justified in revolu tionarv resistance tO the government of tn,