The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1860-12-12

gent danger in the future sufficient 10 Justify
| the immediate destruction of the hoblest
system of government ever devised by
mor,als! From the very nature of his
office, and IFS high responsibilities, he must
necessarily be conservatives The stern
duty OF administering the vast and compIi.
! Gated concerns of this Government affords
in itself a guarantee that he will not attempt
any violation of clear constitutional right
Alter all. he is no more than the chief
executive officer Of the Government
Ills province is not 10 make, but TO exc
cute, the laws; and il IS remarkable fact
i'll our history, that, notwithstanding the re.
; peated efforts of the anti-slavery party, no
| single &C. has ever passed Congress, unless
we may possible except the Missouri Com.
promise, lmpairing, in the slightest degree,
the rights of the South TO their property in
slaves And 1t 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 Congress. Surely,
| under these circumstances, we ought TO be
restrained from present action by the pre-.
cept OF Him who spake as never man spoke,
J that sufficient unto the DAY is the evil
thereof The day of evil may never come
unless we shall rashly bring il upon our
selves.
| 1t is alleged as one cause for immediate
secession that the Southern States are de
MED equal rights with the other States ia
the common Territories But by wha,
| authority are these denied Not by Con-
gress, which has never passed, aud
believe never will pass, any act 10 exclude
slavery from these Territories; and GER
tainly 10; by the Supreme Court, which has
solemniy decided that slaves are Property,
and like all other property, their owner,
have right 10 take them into the common
Territories, and hold them there under The
protec ion OF the Constitution.
So far, then, as Congress is concerned,
the objection is not 10 anything they have
already done, but to what they may do
hereafter. 1t will surely be admitted that
this apprehension OF future danger is no
good reason tor an immediate dissolution ot
the U6ion. II is true that the territorial
legislature of Kansas, on the 23I OF Feb
overihe veto 81 lfe governor declaring tbal
slavery rs, and shall be, forever prohibited
Ia ths Territory Such an act, however,
plainly violating The rights of properly Sc
cured 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
exist IN a territorial Legislature. Yet such
has been the factions temper OF the times
that The correctness OF this decision has
been extensively lmpugned before The peo-
ple and the question has given rise 10
angry political conflicts throughout the
country Those who have appealed from
ihiS Judgment OF our highest constitutional
tribunal Ia popular assemblies would, it
they could, invest a territorial legislature
with power TO annul the sacred rights OF
property. This power Congress is ex
pfes>ly forbidden by the Federal constiiut on
10 exercise. Every Stale legislature in the
Union IS forbidden by It's own constitution
to exercise ii. II cannot be exercised in any
State exceft by the people in their highest
sovereign capacity when framing or amend
ing their Stale constitution. In like manner,iS iS
can only be exercised by The people of a
Territory represented in convention of
delegates for the purpose OF forming a con-
stIlulion preparatory TO admission as Stare
into the Union. Then, and not until then,
are they invested with power 10 decide The
question whether slavery shall or shall not
exist in their limits. This is an act OF
sovereign authority, and not of subordinate
territorial legislation. Were 1t otherwise,
then indeed wesld the equality OF the
States in the Territories be destroyed, aud
the rights OF properly in slaves would de-
pend, not upon the guarantees OF the Con
siItutien, but upon The shifting malorites OF
an Irresponsible territorial legislature =
Sach doctrine, from its intrinsic Hnsound-
ness, cannot long influence any cons'dera-
bic portion OF our people, much less can il
afford good reason for dissolution OF the
Union.
The most palpable violations OF constiiu-
iional duty which have vet been committed
consist in the acts OF different Stale leg,sa-
lures TO defeat the execution OF the fugitive
slave law. II ought 10 be remembered,
however, that for these acts, neither Con-
gress Eor any President can justly be held
responsible. Having been passed in viola
ton 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
ming declared the fugitive slave law 10 be
constitutional The single exception IS
that OF State court in Wisconsin; and this
has not only been reversed by the proper
appellate tribunal, but has met with such
universal reprobalion that there can be no
danger from il "a precedent. The validity
of this law has been established over and
over again by the Supreme Court of the
United States with peheci unanimily. Ii is
founded upon an express provision OF the
Constitution. requiring, that fugitive slaves
who escape from service in one Sta:e 10
another shall be delivered up 10 their
masters.
Without this provision ii is well known
historical fact that the Constitution itself
could never have been adopted oy The Con-
venion. In one form or other under the
acis of 1893 and 1850, both being subslan
TALLY the same, the ingiiive slave law has
been The law of the land from the days of
Washington until the present muneni.-
Here, then, clear case is presented, in
which it viii be the duty of the next Presi-
dent, as it has been my own, TO act with
vigor in executing this supreme law against
the conflicting enacimenis of Slate legisla-
tures Should he fail in the performance of