Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-12-07

prohibited in this Territory Such an act,
however, plainly violating the rights Of proper
ty secured by the Constitution, will surely ee
declared void by tho judiciary whenever II
shall be presented in n legal form.
Only three days after my Inauguration the
Supreme Cour: OF the United States solemniy
adiudCed that this power did not exist III ter
ritorial legislature. Yet such has been the
lactious temper OF the times that the correct
ness of this decision has been extensively lm-
pugned before the people and the question has
given rise to angry political conflicts through,
out the country. Those who have appealed
from this Judgment Of our highest constitution,
al tribunal TO popular assemblies would, u
they could, invest a territorial Legislature WIN
power to annul the sacred rights oi properly
This power Congress is expressly iorn'uCc'' oy
rho Federal Constitution 10 exercise Every
State legislature in the Inion is iorblducn oy
is own constitution to exercise 1t. 1t cannot
be exercised in any State except 10y the people
in their highest sovereign capacity when ira
ming or amending their State constitution. In
like manner, it can only be exercised by the
people OF Territory represented IN conVen-
ton Of delegates for the purpose OF framing IL
constitution preparatory to adMlSS!on Us a
State into the Cnion Then, and not until
then, are they invested with power 10 deciue
the question whether slavery shall or shall not
owls, within their limits. This is an act of SOW
cr,.i.,n authority, and not of subordinate terri
torial lcr,slation Were il otherwise, then IN
deed would the equality of the States IN the
Territories he destroyed, and the rights ol
nronerty in slaves would depend, not upon the
Guarantees of the Constitution, but upon the
Shifting majoriticS OF an irresponsible terrific
ri,l legislature. Such doctrine, from Its IN.
trinsic unSoundncSS, cannot long ihf'aence any
considerable portion Of our people, much less
can il afford a good reason for dissolution OF
the Union.
The most palpable violations oi constitution.
al dutr which have yet been committed consist
in ,heacts of different State Legislatures to de-
feat the execution OF the fugitive slave law. 1t
o,rh, ia be remembered, however, that Tor
,hsse nets, neither Congress nor any President
r.n ius,ly bc held responsible. Having been pass
al IN violation Of the Federal Constitution, they
mr.. therefore null and void. All the courts,
both State and national, before whom the qucS-
ton has arisen, have from the beginning de-
clared the fugitive slave Law to he constitutions
al 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 Reproduction that
there can be no danger from it as precedent.
Tho validity of this law has been established
over and over again By the Supreme Court OF
the United States with perfect unanlmlty. 1t
is founded upon an express provision Of the
Constitution, requiring that fugitive slaves who
escape from service IN one State to another
shall be delivered up" to their masters. With.
- :, i.
fact that the Constitution itself could never
have been adopted by the Convention. In one
form or other under the acts Of 1893 and 1850,
both being substantially the same, the fugl-
tiye.slavc law has been the law Of the land
from the days Of Washington until the present
moment Here, then :; clear case is presented,
in which it will be the duty Of the next PreSi-
dent rs it has been my own, to act with Vigor
in executing this supreme law against the con-
licting enactments Ut State Legislatures.
Should he fail in the performance OF this high
duty, he will then have manifested disregard
of the Constitution and laws, 10 the great In
iurv cf the people Of nearly onc-half OF the
States Of the Union. But are we to presume
in advance that he will thus violate his duty? :?
This woul,, he at war with every principle Of
Justice and Of Christian charity. Let US wait for
the overt act. The fugltirc.slave law has been
carried into execution in every contested case
since the commencement of the present admin
iStra:ion though otten II rs TO be regretted,
with great loss and Inconvenience to the master,
and with considerable expense to the Govern
ment Let us trust that the State Legislatures
will repeal their unconstitutional and obnox-
| ious cuactmentS Unless this shall be done
without unnecessary delay, il is impossible for
anv human power 10 save the Union
The Southern States. standing on the basis
Of the Constitution, have right to demand
this act of Justice from the States OF the North.
Should it be refused, then the Constitution to
which ali the States are parties. will have been
wllully violated by one portion of them in
provision essential To the domestic security
and happiness Of the remainder. In that event,
the injured States, after having first used all
peaceful and constitutional means to obtain re.
dress, would be justified in revolutionary re-
siStance to the Government Of the Union.
have purp"Selv confined my remarks to re-
volutionary resistance, because it has been
claimed within the last few years that any State,
whenever this shall he its sovereign will and
pleasure, may Scccdc from the Cnion IN accor-
dance with the Constitution, and without anv
violation Of the constitutional rights Of the
other members OF the Confederacy That as
each became parties to the Union by the vote
Of its own people assembled in Convention, so
any one OF them may retire from the Union in
a similar manner BY the vote Of such Con-
ventGn.
In order to justify sccc ;sion as constitutional
remedy it must be on the principle that the
Federal Government is mere voluntary asso-
11t pG tp ha T,lyp1 nj rlno
by any Of the contracting parties II this
be so, the Cnnrcdcracy is rope of sand to be
penetrated and dissolved by the first adverse
wave of public opinion n any Of the Statcs.-
In this manner our thirty three States may re-
solve themselves into rs many petty, jarring,
and hostile republics, each one retiring from
the Union, without responsibility, whenever
any sudden excitement might impel them to
such course by this process 4 Union might
hc entirely broken into fragments in few
weeks, which cost our lorcfathcrs many years
of toll, privation, and blood to establish
Such principle is wholly inconsistent with
the history as well as the character Of the
Federal Constitution After il was framed,
with the greatest deliberation and care, it was
submitted to conventions Of the people Of the
several States for ratification. Its provisions
were discussed at length IN these bodies, com
posed of the first lncn Of the country Its
opponents contendcd that it conferred powers
upon the Federal Government dangerous to
the rights Of the States, whilst lis advocates
maintained that under fair construction Of
the instrument there was no foundation for
such apprchensions. In that mighty struggle
between the first inelccts Of this or any other
country, it never occurred 10 any individual
either among its opponents or advocates, to
assert, or even to intimate, that their efforts
were all vain labor, because the moment that
any State felt herself aggrievcd she might
scccde from the Union. What a crushing
argument wonld this have proved against those
who dreaded that the rights Of the States would
oe endangered 10y the Constitution. The truth
Is mat II was not until many years after the
origin ot the Federal Government that such 4
prop"Sitlon was first advanced. 1t was then met
cptS rf