Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-12-13


ginning declared the fugitveslave law to be constu
ohal Inc single exception is that of State court in
Wisconsin ana TINS has not only been reversed by the
proper appellate tribunal but has met with such univor
sal reprobatiOn that there be no danger from # as
precedent The validity of this law has been established
over and over again by the Supreme Court of the United
states Win perfect unanmty 1t is founded upon an OK
press provision of the Constitution reouirin that noitio
slaves who escape from service in one State to another
snail De delivered up" to their masters Without this
provision 1t is a Weknown historical fact that tho Con-
lse could never have been adopted by the Con-
'eIon In one form or other under the acts of 1893
ana I0oO noth being substantially the same the fugi-
Ia" mas been the law of the land from the DAYS
Vi washington until the present moment. Here then
clear case is presented in which it will be the duty of
the next President, it has been nv own to act with
vgor IN executing this supreme law against the conflict
ing enactments 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 nearly one-haf of the
states OF the Union But presume in advance
that he will thus violate his duty? This would be at
war with every principle justice of Christian char
ty Let us wait for the overt act The fugitive-savc
law has been carried into execution in every contested
case since the commencement of the present admnisra
ton though often it is to be regretted with great loss
and inconvenience to the master, and with considerable
expense to the government Let us trust that the State
legislatures will repeal their unconstitutional and Obnoy
ous enactments Unless this shall be done without I'M
necessary delay is impossible for any human power to
the Union.
The Southern States, standing the basis Con
stuon have right to demand this act of justice from
the states of the North Should be refused the
Constitution to which all the States parties will have
been Wfuy violated by portion of them provision
essential to the domestic security and happiness ofhe
mander In that event. the injured States after having
used all peaceful and constitutional means to obtain
Gres would De Justified IN revolutionary resistance to the
Government of the Union.
have purposely confined my remarks to revolutionary
resistance because it has been claimed within the last few
years mat any State whenever this shall be its sovereign
will and pleasure. secede from the Union accordance
with the constitution and without any violation of the
stituona rights of the other members the Conederacv
each became parties to the Union by the its
people assembled in Convention any of them
may retire from the Union In similar by the vote
of such a convention
In order justify as constitutional remedy it
must be on the principle that the Federal Government
voluntary association of States be dissolved at
pleasure by of the contracting parties. If this
So the Conederacy rope of sand to be penetrated and
dissolved by the first adverse Of public opinion
OF the States IN this manner our thirty States may
resolve themselves into as many petty arrng and hostile
republics, each retiring from the Union, without
them to such By this process Union might be
entirely broken into fragments in few weeks which cost
our oreathers many years Of TOLL prvatoD and blood to
Such principle is wholly Inconsistent with the history
well the character Of the Federal Constitution After
framed, with the greatest delberaon and it
submitted to conventions of the people of the States
these bodies composed of the first of the country Its
opponents commended that conferred the Fed
era Government dangerous to the rights of States whilst its
advocates maintained that under fair construction OF the
instrument there foundation for such apprehensons
In that mighty struggle between the first neec of this
other country never occurred to individual either
among its opponents or advocates assert or even to
innate that efforts labor because the
men that State felt herself aggrieved she might seede
from the Union. What crushing argument would this have
proved against those VINO dreaded that the rghs OF the
that was not until many years after the origin of the
Federal Government that such proposition first ad
vanced 1t then met and refuted by the conclusive
gum of General Jackson who in his message Of 18th
January 1893 transmitting the multiplying ordinance of South
Carolina Congress- employs the following language
1.-The right of the people OF single state to abolve them
selves at WILL and without the consent OF the other States
from their solemn Obligations and hazard the liberty
and happiness OF the millions composing this Union cannot
be acknowledged Such authority believed to be utterly
repugnant both to the principles upon which the General
Government is constituted and to the objects which was
| expressly formed to attain"
it not pretended that any clause the Constitution
gives countenance to such theory tits altogether found
instrument ITSELF but from the sovereign character of the
several States by which it ratified. But is it beyond
the power of State, like Individual, to yield portion
its sovereign rights to the remainder In the Ian
guage of Mr.. Madison, who has been called the father Of
by the people each of the States acting their hhes
sovereign capacity and formed consequently BY the same
authority which formed the State constitutions.
Nor the Government of the United States created BY
Constitution, less Government i'll the strict
ments created by the constitutions States are within
their several spheres 1t like hem organized into legs
ative, executive, and judiciary departments. 1t operates
like them, directly and things and like them
it has at command physical force for executing the pow
1t vas be perpetual and not to be aunued
the pleasure CT one of the contracting parties The oil
articles of CONFEDERATE entitled Articles OF Conted
Grafton and Perpetual Union between the States and b.
the 18th article expressly declared that the article
Confederation shall nYlOably observed ever
State and the Union shall be perpetual The preamble t.
the Constitution of the United States having express refer
the articles of Confederation recites that
tabished in order to form more perfect union AM
yet it is conended that this more perfect union does no
include the essential attribute of perpetuity.
But that the Union designed to be perpetual appear
concusve from the nature and extent Of the
ferred by the Constitution the Federal Government
These powers embrace the very highest attributes OF nation
al sovereignty They place both the sword and the purs
under its control Congress has power to make war, an
to to raise and support armies and navies an
conclude treaties with foreign lnVes
ted with the power to coin money and to regulate the Vau
thereof and to regulate commerce with foreign naons an
among States. 1t necessary to enumera
the other high which have been conferred upon I'll
Federal Government In order to carry the enumerate
powers effect Congress possesses the exclusive right
lay and collect duties imports, aud In common with
n States to lay and collect all other taxes.
IS But the Constitution has not only conferred the
high powers upon Congress- but has adopted efectu
means to restrain the States from interfering with the
exercise For that purpose has, in strong and prohlt
al tory language expressly declared that no State shs
~ enter into any treaty alliance or considerations gra
letters of marque and reprisa coin money emit bills
credit make anything but gold and silver coin tend
O. in payment of debts pass any bill of attainder, eT Pr
an faco law, any law mpairing the obligation OF CO
in tracts" Moreover without the consent OF Congre
no State shall lay any mposs duties on any imports
exports except what may be absolutely necessary tor e1
10 cutting its inspection laws " and, if they exceed Il
amount the excess shall belong the United States
r., And no State SHALL without the consent of Congre
he lay any duty of tonnage keep troops or ships of
in time of peace enter into any agreement comps
to- with another State, or with foreign power enga
Id in war; unless actually invaded or IN such mmne
,ur danger as will not admit OF delay.
lu 10 order still further to secure the uninterrupted
t ercse of these high powers against State interpos
IF it is provided that this Constitution and the laws
Tho the United States which shall be made In pursuar