Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1860-12-12

~ party, no single act has ever passed Con
greSs, unless we may possibly except the Mis-
souri Compromise, imparing, in the slightest
degree, the rights of the South to their prop
erty In slaves. And it may also be observed
Judging from present indications, that no prob.
ABILITY exists of the passage of such an act, by
majority of both Houses, either in the pres
ent or the next Congress. Surely, unde,
these circumstances, we ought to be restrain.
eo from present action by the precept of Him
VINO spake as never man spoke, that ssuffi.
cient unto the day is the evil thereof.'' The
oay OF evil may never come, unless we shall
rashly bring it upon ourselves.
SLAVERY IN THE TERRITORIES.
1t is alleged as one cause for immediate Sc
cession that the Southern States are denied e.
qual rights with the other States In the CON-
mon Territories. But by what authority are
these deniedi Not by Congress, which has
never passed, and believe never will pass,
any act to exclude slavery from these Terrific
rIes; and certainly not by the Supreme Court,
which has sclemnly decided that slaves are
property, and like all other property, their
owners have right to take them into the com.
mon Territories, and hold them there under
the protection Of the Constitution. So far,
then, as Congress is concerned, the objection
is not to anything they have already done, but
to what they may do hereafter. It will snrely
be admitted that this apprehension of future
danger is no good reason for an immediate
dissolution OF the Union. 1t is true that the
territorial legislature of Kansas, on the 22d OF
February, 1860, passed in great haste an act,
over the veto Of the Governor, declaring that
slavery sis, and shall be, forever prohibited in
this territory.' Such an act, however, plain
ly violating the rights of property secured by
the Constitution, will surely be declared void
by the judiciary whenever it shall be present.
ed in a legal form. Only three days after my
Inauguration the Supreme Court OF the United
States solemnly adjudged that this power did
not exist in a territorial legislature. Yet such
has been the factious temper of the times that
the correctness of this decision has been ex-
tensively impugned before the people, and
the question has given rise to angry political
conflicts throughout the country. Those who
have appealed from this judgment of our high
est constitutional tribunal to popular assem-
blies, would, if they could, invest a territorial
legislature with power to annul the sacred
rights of property. This power Congress is
expressly forbidden by the Federal Constitu-
tion to exercise. Every State legislature in
the Union is forbidden by its own constitution
to exercise IL. = Il cannot be exercised IN any
State except by the people in their highest
sovereign capacity when framing or amending
their State constitution. In like manner, it
can only be exercised by the people Of Ter
ritory represented in convention of delegates
tor the purpose OF framing constitution pre-
paratory to admission as State into the u
nion. Then, and not until then, are they In
vested with power to decide the question
whether slavery shall or shall not exist within
their limits. This is an act of sovereign au-
thority, and not of subordinate territorial le-
gislation. Were it otherwise, then indeed
would the equality of the States in the Terri.
tories be destroyed, and the rights of property
in slaves would depend not upon the guaran-
tees nf the Constitution hu ho
ing majorities Of an irresponsible territorial
legislature. Such doctrine, from its intrin-
Sic unsoundness, cannot long influence any
portion OF our people, much less
can it afford good reason for q dissolution
Of the Union.
THE FUGITIVE SLAVE LAW.
The most palpable violations Of constitution
ii duty which have yet been committed con-
,ist in the acts of different State legislatures
to defeat the execution Of the fugitive slave
aw. 1t ought to be remembered, however,
hat for these acts, neither Congress nor any
President can justly be held responsible. Hav-
ng been passed in violation Ct the Federal
they are therefore null and void.
All the courts, both State and national, before
whom the question has arisen, have from the
declared the fugitive slave law to be
The single exception is that
Of the State court in Wisconsin, and this has
lot only been reversed by the proper appellate
tribunal, but has met with such universal rep
'Obation that there is no danger from il as a
precedent. The validity of this law has been
over and over again by the Supreme
Court Of the United States with perfect una
limity. 1t is founded upon an express provi-
ion of the Constitution, requiring that fugi-
i've slaves who escape from service in onsState
o another shall be delivered up to their mas
ers. Without this provision it is well-known
historical fact that the Constitution itself could
lever have been adopted by the Convention.
n one form or other under the acts of 1898
ind 1850, both being substantially the same,
he fugitive slave law has been the law of the
and from the days OF Washington until the
present moment. Here, then, a clear case is
presented, in which it will be the duty of the
lext President, as it has been my own, to act
With vigor in executing this supreme law a.
,ainSt the conflicting enactments Of State le-
,islatures. Should he fail in the performance
# this high duty, he will then have manifest
I'd disregard of the Constitution and laws, to
he great injury of the people of nearly one
lalf of the States of the Union. But are we
o presume in advance that he will thus violate
lis duty This would be at war with every
principle OF justice and of Christian charity.
Let us wait for the overt act. The fugitive
lave law has been carried into execution in
very contested case since the commencement
# the present administration though often it
s to be regretted, with great loss and inconve-
lience to the master, and with considerable
expense to the government. Letus trust that
he State legislatures will repeal their uncon-
and obnoxious enactments. Unless
his shall be done without unnecessary delay,
is impossible tor any human power to save
he Union. The Southern States, standing on
he basis Of the Constitution, have right to
lemand this act Of justice from the States Of
he North. Should it be refused, then the Con-
titution, to which all the States are parties,
gill have been wilfully violated By one por-
ion of them in provision essential to the
Iomestic secnrity and happiness OF the re-
nainder. In that event, the injured States,