Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1860-12-06

the common Territories, and hold them
there under the protection Of the Coustitu.
ton.
SO far, then, A. Congress Is concerned, the
objection is not TO snythiDg they have already
done, but to what they may do hereafter Ii
will surely be admitted that this apprehen-
sion Of future danger Is no good reason tor an
immediate dissolution Of the SniOn. IL IA
true that the territorial legislature of Kansas.
on the 23d Of February, 1850, passed in
great haste an act over the veto OF the Vo.-
ernor. declaring that slavery is. and forever
shall be, prohibited ia this Territory" such
m act, however, plainly violating the rights
Ut property secured by the Constitution. will
surely be declared void by the judiciary
whenever 1t shall be presented in a legal
form.
Only three days amer my Inauguration the
Supreme Court Of the United State. solemply
sdjudged that this power did not exist in q
territorial legislature. fot such has been
the faetious temper of tho times that the
correctness OF this decision has been extern
sively impugned before the people, and the
question has given rise 10 angry political con-
hicts throughout the country These who
have appealed frR this judgment of our
highest constitutional tribunal To popular as
sembies would, il they could, invest a tern.
torial Legislature with power TO annul tbs "a.
cred rights Of property This powor Con.
gress is expressly forbidden by the Federal
Constitution 20 exercise Every State legis-
lature in the Union il forbidden by its own
constitution TO exercise il. II cannot be ex.
ercisad in any State except BY the people in
their highest sovereign capacity when fran.
ing or amending their State constitution. In
like manner, 1t eau only be exercised by the
people OF Territory represented in con-
vennon OF delegates for the purpose Of tram.
ing constitution preparatory To admission as
state into the Union. Then, aud not until
then, are they invested with power to decide
the question whether slavery shall or shall
not exist within thoiF limits This is an act
OF sovereign authority, and not of subordinate
territorial Legislation. Were il otherwise
then indeed would the equality Of the States
10 the Territories be destroyed. and the rights
Of property in slaves would depend, not upon
the guarantees Of the Constitution. but uuon
the shifting majorities Of an Irresponsible ter
ritorial Legislature. Such doctrine. from its
intrinsic upsoundness. eapnOt long influence
any Considerable portion Of our people, much
less can u afford good roason for dissolu.
ton of the Union,
The post palpsble violations of eonstitu-
toual duty which have Yet been committed
consist in the acts OF different State leyisla.
tsires 10 defeat the execution of the fugitive
slave law. IL ought to be remembered, how
ever that for these acts, neither Congress nor
any President can justly be held responsible.
Having been passed in violation Of the Fede-
raj Constitution, they are therefore null and
VOID. All the courts, both States aud ma
tional, before whom the question has arisen.
have from the beginning declared the fugitive
slave law Ia be constitutional The single ex
ception 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 reprobatiGa that there can be
no danger from It rs a precedent. The val
idity OF this law has been established over
and over again by the Supreme Court Of the
United States with perfect unanimity. IL is
founded UPON sn express provision of the
Constitution, requiring that fugitive slaves
who escape from service in ons State 70 ano.h.
or shall be delivered mp" To thsir masters.
Without this provision Il is a well.knogn his
toriesl fact that the Constitution itseif could
never have been adopted by the Convention.
In one form or other under the acts of 1893
and 1880, both being substantially the same.
the fugicive-slaTe 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 il will be the duty Of the
next President, a. it has been my own. 10 act
with vigorin executing THE supreme law agains.
the conflicting enaetmentof State legislatures
Should no fail in the performance IL this
high duty, he will then have manifested
disregard of the Constitution and laws. 10 the
great injury Of the peopls Ut nearly one half
Of the States of the UnioR. But are we IN
prCslme 10 advance that he will thus yiulaie
his duty This would be at war with every
principle Of justice aud Of Christian charity.
let US wait for the overt act. The fugitive
slave law has been carried into execution in
every cSptested case since the commence
ment IT the present administration though
often u is TO be regretted, with great loss
and Inconvenience to the master, and with
considerable expense 10 the government
Let IA trust that the State legislatures will
repeal their unconstitutional and obnoxious
enactments. Unless this shall he done with.
out unnecessary delay il is impossible for
any human power 10 save the Union.
The Southern States, standing on the basis Of
the Constitution. have a right to demand this act
~ iustIre from the states of The North. should
70 - refused, then the Constitution On which All
tie States are parties, will have been wilfullv
violated BY Que portion II them in y provision
ESSENTIAL 10 the domestic sccurity and happiness
Of the remainder. In that etsnt the iniur,-i
states, after having 6rst USED All peaceful AMI
constitutional meas 10 obtain redress. would
b. Justified IN revolutionary resistance 10 tbs
Government q the Union.
have purpossly oon6psd my remarks 10 rev.
oluttUnary resistance. hecausf u hna been claim
II within the last few years that nnv State.
Whenever tbs hall b. IL sovereign viii snd
pleasurr may secede frois tie 4 nion ~ neeor,l.
tnce with tie Gonshtuiios. and without any
violation 81 tbs constitutional riahfs al an. 9th
~ membfrs q the Confe'ieraey That ~ each
t-care parties ~ ihF Union ~ ~ vote az it,
"'rn people Assembled IN Convention. % any
onr ~ them may retire from fhs Union 10 r sian.
ilaf manner BY iho vote 81 such n Convention
~ order a. justify sercssion A. n constitution
~ rraae5g y fausi - m fhe priueipio that The
Fsdera tsyferument b < ASfs toiantary asno-
sistiop ~ state. ~ b. dissolved a. pleasure by
ANY one n D. contracting parties III this b.
90, the tupicfierney D. o. ruJr II sand. o. b.
penetratad all Dissolved ~ r. Grut sdgerss
wave ~ rnbiic opinion IN aay q ihs staies In
ilis manHsr eur thirty fhrrr HAS may resolve
thHfnsriers inip ~ many petty. iaFrine ard fos-
ule rrpuhlics, Ca~h ohn retiring from ~. Mon
y nhult responsibility uhrucVer anv srgISea
90. a..