The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-05
xernment must be guilty Of : deliberate, paIpabIe

vernment must be guilty Of deliberate, palpable
and dangerous exercise Of powers not granted by
the constitution. The late Presidential election,
however, has been held In striot conformity with
its express provisions. How, then, can the result
justify revolution to destroy this very constitu-
tiong Reason, justice, q regard for the constitu-
ton, all require that we shall wait for some overt
and dangerous act on the part of the President
elect before resorting to such remedy.
1t is said, however, that the antecedens Of tho
President elect have been sufficient TO justify the
fears of the South that he will attempt to invade
their constitutional rights. But are such appre.
tensions of contingent danger in the future sufa-
cient to justify the immediate destruction Of the
noblest system of government ever devised by NOR
tails! From the very nature Of his office, and its
high responsibilities, he must necessarily be con.
servative. The stern duty of administering the
vast and complicated concerns OF this government
affords in itself guarantee that he will not at.
tempt any violation of clear constitutional right.
After all, he is no more than the chief executive
officer Of the govern nent. His province Is not to
make, but to execute the laws; and it is q remark
able fact in our history that Notwithstanding the
repeated efforts Of the antslavery party,
no single act has ever passed Congress,
unless we may possibly except the Mis-
souri, Compromise, impairing in the slightest de-
gree the rights of the South to their property in
slaves. And it may also be observed, Judging
from present indications, that no pr liability exists
Of the passage of such an act, by . majority Of
both houses either in the present or the next Con
gress. Surely under these circumstances, we ought
to be restrained from present action by the precept
NJ I'm w nc mar ka at f4auf
fcient unto the day is the evil thereof" The day
Of evil may never come, unless we shall rashly
bring 1t upon our selves.
II is alleged as one cause for immediate secession
that the Southern States are denied equal rights
with the other States In the common Territories.
But by what authority are these denied, Not by
Congress, which has never passed and believe
never will pass any act to exclude slavery from
these Territories; and certainly not by the supreme
Court, which has solemnly decided that slaves are
property and, Lib all other property their owners
have Q right 10 take them into the common Terrific
res, and hold them there under the protection Of
the constitution.
So far, then, as Congress is concerned, the OBJ
lection is not to anything they have already done,
but to what they may do hereafter. 1t will surely
be admitted that this apprehension of future dan
ger is no good reason for an immediate dissolution
of the Union. 1t is true that the Territorial Legs-
lature of Kansas, on the Esd OF February, 1850,
passed in great haste act, over the veto Of the
Governor declaring that slavery is. and shall be,
forever prohibited in this Territory Such an
act, however plainly violating the rights of pro-
perty secured by the constitution, win surely be
declared void by the judiciary whenever shall be
presented in legal form.
Only three years after my inaugur alton, the Su.
preme Court Of the United States solemny adjudged
that this power did not exist in Territorial Legs.
lature. Yet, such has been the factious temper of
the times that the correctness Of this decision has
been extensively impugned before the people, and
the question has given rise to angry political
fiicts throughout the country. Those who have ap-
pealed from this judgment OF our highest consutu.
tonsl tribunal to popular assemblies would, II they
could invest Territorial Legislature with power 70
annul the sacred rights OF property. This power
Congress is expressly forbidden by the federal
constitution TO exercise. Every State Legislature
in the Union Is forbidden by its own constitution TO
exercise il. II cannot be exercised In any State
except by the people Ia their highest sovereign
pacny when framing or amending their State con-
stituton. In like manner II can only be exercised
by the people OF a Territory represented in con-
vention of delegates for the purpose OF framing
constitution preparatory TO admission as State into
the Union. Then, and not until then, are they in
vested with power to decide the question whether
slavery shall shall not exist within their limits
This is act Of sovereign authority, and not Of
subordinate Territorial legislation. We're II 9th
erwise, then indeed would the equality ofthe States
in the Territories be destroyed, and the rights OF
property in slaves would depend, not upon the
guarantees Of the constitution, but upon the shift
ipg majorles Of an irresponsible Territorial Legs
lature Such doctrine, from its intrinsic uns bund
ton OF our people, much less can it afford a good
reason for dissolution Of the Union.
The most palpable violations OF constitutional
duty which have yet been committed consist In the
acts of different State Legislatures TO defeat the
execution Of the Fugitive Slave law. IL ought TO
be remembered, however, that for these acts
neither Congress nor any President can justly be
held responsible. Having been passed in vioauon
OF the federal constitution they are therefore, null
and void. All the courts, bo q State and national,
before whom the question has arisen have from the
beginning declared the Fugitive slave law TO be
constitutional The sin gle exception Is that Of q
State court in Wisconsin, and this has not only
been reversed by the proper appellate tribunal
but has met with such universal reprobation that
there can be no danger from II as a precedeut.
The validity Of this law has been established over
and over sgain by the Supreme Court OF the
United States with perfect uuanimity. II Is
founded upon an express provision Of the con-
stitution, requiring that fugitive slaves who es.
cape from service In one State TO another shall
be delivered up to their masters. Without this
provision II s well known historical fact that the
sonsuuton itself could never have been adopted
By the Convention. In one form or other under
the acts Of 1898 and 1850, both being substantially
OF the land from the days OF Washington until the
present moment. Here, then. clear ,ase is pre-
sented, In which II will be the duty Of the next
President, II has been my own 20 act with vigor
in executing this supreme law against the conflict
ing enacimenis OF State legislatures. should he
fail in the performance OF this high duty, he will
then have manifested disregard OF the constitution
and laws to the great injury of the people Of near
iy one half Of the States Of the Unisn. But are We
TO presume In advance that he will thus violate
his duty! This woud be at war with every prin-
ciple OF justice and Of Christian charity. Let
as wait for the overt act The Fugitive Slave law
has been carried into execution in every infested
case since the commenceme II Of the present ad.
minisra,ion though often. 10 to be regretted with
great loss and Inconvenience to the master aud
with considerable expense to the government. Let
us trust that the state Legislatures wirepeai their
unconstitutional and obnoxious ersctments. Tn.
less this shall be done without unnecessary delay,
il l. impossible for any human power to save the
Union.
The Southern States, standing on the basis of the
constitution have a right TO demand this act Of JUS
ce from the states Of the North. should II be
fused then the constitution TO which all the states
are parties will have been wilfully violated by one
portion Of them in provision essential to the do
mestc security and happiness of the remainder
In that event. the injured States, after having first
used all peaceful and constitutional means TO obtain
redress. wonl1 be justified In revolutionary resist
ance 70 the government of the Union.
Ihave purposely confined my remarks TO revolu
| tionary resistance. because n hes bee, claimed
within tic last fer years that any state whenever