Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-12-06

has not only been reversed BY the proper
appellate tribunal, but has mel sEitlg aiclls
universal reProbatioH- that thehe ,saR
be no danger from IL as a preeedept. Abe
vitality of this law has been established
over and over again by the Supreme Court
OF the United States, with perfect unanim-
ity. Il is fonndedupOn an express proyis-
ION Of the Consultation, requiring that fu-
gitiYe slaves who escape IRON service in 1
one State 10 another shall be delivered mp
10 their nlasters Without this provision.
Il IS a wen known Historical fact thai the
Constitution itself could never have
been Adopted BY the Convention lin one
form or another, under the acts OF 1873 aud
1850. Both being substantially the same,
the Fugitive Slave Law has been the law of
the land from the days of Washington IN
case Is presented in which twill be theduty
of the next President, as ID has been my
OEn, toaet with vigor in executing the SUI
preme law against the conflicting enact
ments Of State Legislatures. Should he
fail in the performance Of this high duty,
he will then have manifested a disregard Of
the Constitution and laws, TO the great IN
Jury Of The people Of nearly One-llalf Of the
States Of the Union. But are We TO pre-
sumo in advance thathe win thus violate
his dntys This would be at war with every
principle Ofjustice and of Christian chair
". Let US walt for tho overt act The
Fugitive Slave Law has been carried
into execution IN every contested case
since the commencement of the
present Administration, though often Il Is
to be regretted with great 10th and neon
venienee, and with considerable expense
20 the Government. Let as trust thatthe
State Legislatures viii repeal their nncon-
sfitutiOnal and obnoxious enactments.
Unless this shall be done, without unneces-
sary delay, Ii is impossible for any power
10 save the Union. The Southern States,
standing on the basis of the CONSTITUTIONS,
have q right to demand this act Of justice
srOm the States Of the North. Should it.
be refused them, the Constitution, 70
which all the States are parties, will have
been Wilfully violated 10y one portion of
them, in provision essential 90 the dos
nestle security and happiness of the re-
mainder In that event, theinjnred States,
amer having first used all peaceful and con
stitutional means TO obtain redress, would
be justified In revolutionary resistance 10
the government Of the Union-., -y---..,
1 have pufposely confined my Remarks
10 revolutionary Resistance, because &c has Z
been claimed within the last few years that
any State, whenever il shall be their soyeT-
eign viii and pleasure, may socede from
the onion in accordance with the Constitu-
ton, and without any violation ofthe Con-
stitutiohal rights Of the other members Of
the Confederacy; thai as each became
parties TO the Union by the vote Of its own
people assembled in convention, so any
one Of them may retire IRON the Union
in eimilar manner by the vote of such a
convention. In order TO Justify secession
as q Constitutional remedy, il must be on
the principle that the Federal Govern
ment is = mere voluntary association Of
States, to be dissolved at pleasure by
any one ofthe contracting parties. Ifthis
he so, the COnfedeacy is q rope OF sand
10 be penetrated and dissolved by the frst
adverse wave of public opinion In any Of
the States. In this manner our thirty-three
States may resOlVethemselYes intoas many
petty, Earring and hostile republics, each
one retiring from the Union without re-
sponsibility whenever any sudden excite
ment might impel them TO such a course.
By this course Union might be entirely
broken into fragments in a few weeks,
which cost our forefatheFs many years OF
toll, privation and hardship to establish.
Sneh principle is wholly inconsistent
with the Constitution; ii was framed with
the greatest deliberation and care; 10 was
submitted to Conventions of the people
of the several States for ratiheatiOn; its
these bodies composed of the first men of
the country. Its opponents contended
that it conferred power on the Federal
Government dangerous TO the rights of
the States, whilst its advOrates maintained
that under fair construction of the instru-
ment, there was no foundation for such
apprehensions. In thai mi .hty struggle be-
tween the first intellects of this or any coun-
try, il never occurred to any individual, Ell
ther among its opponents or advocates, 20
assert or even TO Intimate that their efforts
were all vain labor, because the moment any
State felt herself aggrieved, she NIGH secede
from the Union. What a crushing argument
would this have proved against those who
dreaded that the rights Of the States would
be endangered BY the Constitution. The
truth is, that il was not until many wears af-
ter the origin Of the Federal Government
that such a proposition was first advanced.
ID was then met aud refuted by the cOnclu-
sive arguments Of General Jackson, who, in
his Message Of 10th January, 1888, transmit
ing the Multiplying ordinance of South Caro-
lima to Congress, employs the following Ian
guage The right ofthe people Of u 81 gle
State TO absolve themselves at will with
out the consent Of other States from
their most solemn obligations, hazardiBg
the liberty aud happiness Of the
millions composing this Mon, cannot be
acknowledged. Such authority is believed
TO be utterly repuguant, both TO the pTin-
ciples upon which the General Government
is constituted, and to the objects which it
was expressly formed 10 attain" IL is not
pretended that any clause in the COnstitu-
ton gives countenance TO such "A theory
il Is altogether founded upon inference
not from any language contained In the ia
strument itself, but from the sovereign
character of the several States by which il
was ratified. But is il beyond the power
of State, like an individual, TO yield por-
ton Of its sovereign rights to secure the
remainder In the language OF Mr.. Madi-
son, who has been called the Father Of the
Constitution, il was formed blythe States
that Is, by the people In each OF the States,
acting In their highest sovereign capaci-
ty-and formed, consequently, by the
same authority which formed The State
Constitution, nor is the Government Of
the United States created by the COnstiiu.
ton less a Government in the strictest
sense Of the term within the sphere of its
powers than the Governments created by
the Constitutions Of the States are within
their several spheres. 1t is, like them, or
ganized into Legislative, Executive and
Judiciary departments. IL operates, like
them, directly on persons ana things, and,
ike them, II has at command s physical
ltENE loE N2GN Lkllt- AlE kNhGlS AphAlAAAAAEI
70 IL, and il was intended To be perpetual,
and not 10 be annulled At the pleasure
of any one Of the contracting parties
Of the ConfederatiOn-a perpetual Union
between the States and by the 18th Arti-
Gle il is expressly declared that the Arti-
cles of this Confederation shall be inevita-
bly, observed by every State, and the Union
shall be perpetual The Preamble 10 the
Constitution of the United States, having
express reference to the Articles of Con-
federation, asserts il was established in
order to form more perfect Union, but
does not include the essential attribute OF
perpetuity. But that the Union was de
signed 10 be perpetual, appears conelu-
sively from the nature and extent Of the
powers conferred by the Constitution on
the Federal Government. These powers
embrace the very highest attributes of ma
tional sovereignty. They place both the
sword and the purse under It's con-
troll Congress has power 10 make war
and make peace, 10 raise and sup
port armies and navies, and 10 conclude
treaties with foreign Governments. 1t is
invested with the power to coin money
and TO regulate the value thereof, and TO
regulate commerce with foreign nations
and amongthe several States. Its not ne
cessary TO euumerate the other high pow
ers which have been conferred upon the
Federal Government in order TO carry the
enumerated powers into effect, Congress
possesses the exclusive right to lay and
collect duties on imports, lud in common
with the States to lay and collect all the
other taxes. But the Constitution has not
only conferred these high powers upon
Congress, but il has adopted efieetual
means TO restrain the States from inter
fering with their exercise for that pur.
pose. II has in strong prOhibitory Ian
guage expressly declared that no State
shall enter into any treaty, alliance or con-
federation, grant letters of marque and re-
prisal, coin money, emit bills of credit,
make anything but gold and silver coin
tender IN payment Of debts, pass any bill of
attainder, expost facto law, or laws impair
ing theobligatiOn ofcontrscts. Moreover,
without the consent of Congress, no State
shall lay any imposts or duties on any i'm
ports or exports, except what may be a6so-
lutely necessary for executing its inspec-
ton laws, and IL they exceed this amount
the exeesses shall belong TO the United
a.. - a. -