Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1860-12-12

and shall be forever prohibited in the Ter
ritOry. Such an act. however, plainly vic
lating the rightssof property secured by tn.
Constitution, will surely be declared voiC
by the Judiciary whenever 1t shall be pre-
sented IN legal form. Only three day,
after NV Inauguration. the Supreme Cour
of the United States solemnly adjudged
that this power did rot exist la Terrific
rial lie 4islaturs Yet such has been the
factious temper Of the times, that the.cor-
rectness Of this decision has been exten-
sively iDpugned before the people, and
the question has given rise to angry politi-
cal conflict throughout the country
Those who have appealed from this judg-
ment of our highest Constitutional tribu-
Dal to popular assemblies, would, if they
could. invest Territorial Legislatures with
power to annul the sacred rights ofproperty
This power Of Congress is expressly for
hidden by the Federal Constitution to ex
ercise- Every STATE Legislature in tn.
Union is forbidden BY its own Constitution
TO exercise il II eau not be exercised in
any State except by the people in their
highest sovereign capacity. When framing
or amending their State Constitution. IN
like manner, il can only be exercised bY
the people of the Territory represented in
Convention of delegates for the purpose
OF framing a constitution preparatory to
admission as State into the Union. Then
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 an act of soyer
eign authority, and not OF subordinate
territorial legislation. Were it otherwise,
then indeed would the equality of the
States IN the Territories be destroyed, and
tl,e rights OF property in slaves would de-
pend not upon the guarantees of the Consti-
tuition, but upon the shifting maiorities Of
an irresponsible territorial legislature
Such a doctrine, from its intrinsic unsound
ness, can not long influence any portion Of
our people, much less can it afford good
reason for a dissolution of the Union. The
most palpable violations of constitutional
duty which have yet been committed con.
sist in the acts of different State Legisla
lures to defeat the execution the Fugitive
Slave Law. 1t ought TO be remembered,
however, that for these acts neither Con-
gress nor any Ppesident can be justly held
responsible; having been passed in viola
tion II the Federal Constitution, they are,
therefore, null and void All the Courts,
both State and NatIousl before whom the
question has arisen, heve, from the begin
ping. declared the Fugitive Slave Law TO
be constitutional. The single exception is
that of State Court in Wisconsin, aud
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 it as precedent. The
validity OF this law has been established
over and over again by the Supreme Court
of the Unitesl States with perfect unanim-
ity. 1t is founded upon an express pro.
vision OF the Constit ution requiring that
fugitive slaves who escape from service
in one State to another shall be delivred
up to their masters. Without this provis-
lou it is well known historical! fact that
the Constitution itself could never have
been adopted by the Convention. In ono
form or another under the acts of 1898 or
1850, both being substantially the same the
the Fugitive Slave Law has been the law
Of the land from the days of Washington
TO the present moment. Here, then, clear
case is presented in which it will be the
duty of the next Preideut, as it has been
my own, to act with vIgor in executing thi:
supreme law against the conf citing an
acfments 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 grea
injury Of the people of nearly one half o
the States Of the Union. Bnt are we I,
presume in advance that he will thus vio
late his dutys This would be al war will
very principle of instic--Of Christi al
harity Let US wait for the overt act.
The Fugitive Slave Law has beer
carried into execution in every contested
case since the Commencemento of the presen
/ administration, though often, il is to b
regretted W ith great 10th aud inconvenienc
and with considerable expense to tn
| Government Let US trust that tn
State Legislatures will repeal their uncou
stitutional aud obnoxious enactments.- -
Unless this shall be done Mithout unnccei
,ary delay, IT is impossible for any huma
pow er to save the Union. Tho. Souther
4 States, standing on the basis OF the Cor
stitution, have right 10 demand this az
of Justice from the Northern States :
Should it be refused them, the Cunstitu
tion, to which all the States are parties
will have been wilfully violated by on
portion Of them, in provision essential
the domestic security aud happiness of th
remainder. In that event the inluredState
i after having first used all peaceful mean
to obtain redress, would be justified !
revolutionary Resistance to The Govern
ment of the Union esa
l have purposely confined my remarks
revolutionary resistance, because II hi
been claimed within the last fe W years. IL
any State. whenever its shall be her so'
ereign will aud pleasure may secede fro
the Union in accordance with the Consti
ution, and without any violation OF I'll
Constitutional rights Of the other membe
, Of the confederacy; that as each beean
parties to the Union by the vote OF its ON
people assembled in Convention, so al
one Of them may retire from the Union in
similar manner. by the vote of such 90
vcntion. In order To justify secession as
Constitutional remedy, it must be on =
principle that the Federal Government /,
m, re voluntary association of States. to
dissolved at pleasure by one Of the CO
tracing parties. Ii this be so, the Go
Il federscy is a rope of sand, and TO be per
, / trated and dissolved by the first adver
J. wave of public opinion in any Of the Sta'
: In this manner our thirty three States IN
y resolve themselves into as many pei
liarring and hostile republics, each Que
% tiriny fran the u nion without rcsponsib
's ity, whenever any, sudden cxcteIn
: mi ght impel them 70 such course;
= this process Union might be entir
= broken into Fragments in few wee
' which cost our foreiathefs many years
!, privation and blood to establish 81 t
T. Such principle is wholly ipcon,ist'
A. with the history, as It wa> framed
:, the greatest deliberation and care, it '
n submitted TO the conventions of the peo
o. of the several States for ratification,
10 provisions were discussed at Length
,o these bodies composed OF the first men
rS the country. Its oppoaents conten
N that it conferred power upon ths fed
re government. dangerous to the rights Of
n. States, whilst ITS advocates maintai
a.. that under fair construction OF the ins
La meut. these was no foundation for such
a prehsnsiops In that ~ighty struggle
Ihs tween the first intellects of this or any
IF er country, it never occurred to any il
he viduaI, either among its opponents or
vocates. to assert or even to in;imate
w.. their efforts we're all vain labor, bee
,ou the nome ut that any State felt herself
vsy grieved, she might secede from the Uc
Law What crushing argument would
wi have proved against those who dre'
bly that the rights Of the States would be
ons dangercd by The Constitption7 The
,hs In, that u was not Until many years
b,s the origin or the Federal Government,
ri such proposition was first advanced
a.. was theu met and refuted by the conci,