Union County star and Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1859-1864, 1860-12-07


eitCt peiOle IeSorting tp such 4 remedy
II Is sald, however. that the anIec,,jeut. ot
Tue IieSideut cloc' have bted sufficient tv ius
tiy Tue ieirs Oi Tie South that hr will uttctup,
TO Invade their constitutional rights. But ar,
such apprehensions Of contingent danger in tb,
future sufficient to justify the immediate des.
truction of the noblest system Of government
ever devised by mOrtals9 From the very ma.
ture OF hS office, and its high rrspor slbilities
he must necessarily be conservative Tue stern
duly OF administering the vast and complicated
concerns OF TINS Government affords in itself a
guarantee that lie will not attempt any viola.
ton OF clear constitutional right After all
he l. L" m"Ie than the C.iief cx Gu i've office,
ci tue Govern ment. His province is not to
make, but 10 eX' cute. the laws ard il is A re
maikabie iaLt in our history. that, notwi,h.
standing TIE repeated Efforts OF the ami slavery
party, no single act has ever passed Congress
unless we may possibly except the Miss ,urj
ComI romise. impairing in the slightest degree
the rights of the South TO their property in
slaves. And it may also lie Observed. Judging
from present indications, that no possibility
exists ot the passage OF such an act, by a ma
Jority OF both Houses, either in the present or
tie next Congress Surely, under these cir.
cumstincts, We ought TO be restrained from
present actic Ii 10y the precept of Him who spak,
day is the evil thereof" The day of evil may
never come, unless we shall rashly bring i,
upon ourselves
1t Is alleged as one cause for imme late SO
ccs,ion that the southern States are denied
equal rights with the other States in the com.
mon Territories. But by what authority ART
these denied! Not 10y 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 soltmnly decided that slaves are property,
ard, like all other property, their owners have
right to take them into the common Terri.
tories, and hold them there under the protec-
tion OF the Constitution
80 far, then, ps Congress is concerned the
objection is not to anything they have already
done, but to what the, may do hereafter Ii
will surely bc admitted that this apprehension
Of future danger Is no good reason for an imme-
diate dissolution OF the Union. Ii is true that
tie territorial legislature Of Kansas, on the 23i
cf February, 1860, passed in great haste an act.
over the veto of the governor, declaring that
slavery lis and shall b., forever prohibited in
this Territory Such an act, however. plainly
violating the rights of property secured by the
Constitution, will surely be declared void by
the Judiciary whichever it shall be presented in
4 legal form.
NIsN t4lltt AtN diltI INAUGURATION The
Supreme Court OF the United States solcmnly
adjudged that this power did not exist in a ter
ritogal legislature. Yet such has been the
factions temper Of the times that the correct
ness Of this decision has been extensively i'm
pugned before tie people, ard the question has
given rise TO angry political conflicts through
out the country Those who have appealed
rom this judgmenl OF our highest consti,u-
ilonal tribunal 10 popular assemblies would.
If they could, invest territorial legislature
with power to annui the scrtd rights of prop-
erty. This power Congress is expressly for
bidden 10y the Federal Constitution 10 ex-
erclse. Every State legislature in the
Union Is forbidden 10y its own constitution
10 exercise 1t. Ii cannot be exercised in
any State except by the people in their high
est sovereign capacity when framing or amend
ing their State constitution. In like manner
1t can only be exercised by the people of a Ter
ltoiy represented in a convention of delegates
Tor the purpose of framing constitution nre.
laTaiOry 10 admission as a State into the Union
men, and not until then are they invested
with power TO decide the question whether
slavery shall or shall not exist within their
limits. This is an act of sovereign authority.
and not OF subordinate territorial legislation
Were 1t otherwise, then indeed would the
equality of the States in the Territories be de-
would depend, not upon the guarantees of the
Constitution, but upon the shifting majorities
OF an irresponsible territorial legislature Such
a doctrine, from Its intrinsic unsOundness, can
not long influence any considerable portion of
our people, much less can it afford a good rea-
son for dissolution of the Union
The most palpabc violations OF constitution
al duty which have yet been committed consist
III the acts OF different State legislatures to de-
feat the execution of the fugitive slave law.
II ought 10 be remembered, however, that for
these acts, neither Congress nor any President
can justly he held responsible Having heen
passed in violation Of the Federal Constitution,
they are therefore null and void. All the
courts, both State and National, before whom
the question has arisen, have fIcm the
beginning declared the fugitive slave law
to be constitutional The single exception
s that of State court in Wisconsin
md this has not only been reversed bv the
proper appellate tribunal, but has met with
such universal reprobltior that there can be
40 danger from it as precedent The valdi-
y OF this law has been established over and
over again by the Supreme Court OF the United
states with perfect unanimity. 1t is founded
lpon an express provision of the Constitution,
'equring that fugitive slaves who escape from
ervice in one Stats to another shall be ..deliy-
D.
Iision it is wellknown historical fact that the
Constitution itself could never have been adopt
ID by the Convention. In one form or other
lnder the acts of 1898 aud 1850, both being
the same, the fugitive slave law |
las been the law of the land from ,he days of |
ashlngton until the present moment Here, |
hen, clear case is presented, in which it will |
'e the duty of the next President, as it has |
'een my own, to act with vigor in executing
his supreme law against the conflicting enact |
nents OF State legislatures. Should he fail in |
he performance of this high duty, lie will then
ave manifested a disregard of the Constitu-
ION and laws, TO the great injury of the people
4 nearly one-half OF the States of the Union
'ut are we to presume In advance that he will |
hus violate his duty This would be at war
With every principle OF justice and of Christian
harity. Let us wait for the overt act The
ugitive-slave law has beeen carried into execu-
ion in every contested case since the commence
nent Of the present administration /; though
ften, it is to be regretted, with great loss and
to the master, and with cOnsid-
rable expense TO the government. Let us
rust that the State legislatures will repeal their
unconstitutional aud obnoxious eDactments.
'nless this shall be done without unnecessary
clay, it is impossible for any human POWER to
ave the Union.
The Southern States standing on the basis of
he Constitution, have a right to demand this
Ct of justice from the States of the North.
Eould il be refused, then the Constitution. to
'hich all the States are parties, will have been
illfully violated by one portion Of them in a
revision essential to the domestic security ard
appiness OF the remainder. In that event the .