Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1860-12-21

.sbe admitted that thas apprehension of tuturegl
danger is no good reason for an immediate dis
solution Of the Union. It is true that the. Ter
ritorial Legislature of Kansas, on the 23d1 1of
February, 1885, passed IN great haste an act
over the veto of the Governor declaring
that Slavery lis and ezshall, p. be forever
prohibited IN the Territory. Such : an I
act, however, plainly violating the rights of I
property secured i by the Constitutions; will
sareiy BY Judeiary whenever
Be presented 10 legal form Only three days aftsr
eenniy Fdjadgsd that this po~er did not exist in
7errofi.I Legislature Ye, such has been the Ac,ious
been inpugned before se people and the
$ To pS %
Judgment Of our higasss
fnysstesa Territorial Iegisiatars with power 20
ssprsssiy foTbiden y he Federal Coz sfiatien
ezercse ste Legislature IN the Union is
exercised In state by the people in
ing their In like maaBer It only be
by the people Of the Territory represented in
sftafion g. preparatory to admission as . state
into .hs Unions, then, and not until them are
twheshef Slavery shall mot exist swithin
not of snbordnate territorial legislron
them indeed wOad the equality of the States in the
Territories be destroyed and the right of property in
saves would depend upon the of the Con-
futiOn but the shifting msorities of an irresponsible
Legislature Such doctrine from its in;rin
sic unsoundness cannot long influence any
II
oIations constitutions duty which yef been
lures to defeat the the sxseGtioa me Fugitive Slave
Lew 1T ought to be remembered, however, that
for these acts, neither Congress nor any Presi=
dent can be justly held responsi BILE, having been
lpassed ia violation of the Federal Constitution.
a They are, therefore, null and void. All the
Courts both State and National, before whom
the question has arisen, hayeifrom the beginning
: fdecared the Fugitive Slave law to be Constitu-
lional. The single exception is that of the
Estate Court in Wisconsin, and this has not only
been reversed by the proper appellate tribunal
but has met with such fdniSersal reprobation
Fl that there can be no danger from 1t as pre-
cedent., The vitality Of this Law has been
. | established over and over again by th 7Sus
preme7 Courts of the United States, with per-
: feet unanimity. i 1t is founded upon an zex-
press proyisioa,sYoe =thesa Constellation requr-
s. ing that fugitive slaves who escape from
service in one State to another shall be deliver
= ed up to their masters. Without this provision
!, it is well known historical fact that the Con-
: stitntion itself could never have been adopted
:, by the Convention, in one form or another gun-
!, der. the acts of 1898 and 1850. Both being
= substantially the same the Fugitive Slave Law
: bhas been the law of the land from the days of
= Washington until the present moment. Here
& then aciear case is presented in which it will
:. be the duty of the next President, as itlhas
y been my own, to act with vigor in executing the
). supreme law against the conflicting enact
= ments of State Legislatures. Should be
!. !. fail in, the performance of g. this high
u duty, he will then have manifested 3 Q
70 disregard. of the Constitution and laws
= to the great injury Of the people oi
= nearly one-haff of the States of the Union Bn
$ are we to presume in advance that he will thas
y violate his duty? This would be at war with
y every principle Of justice and of Christian char
70 se ity Let US wait for the act. The Fugitv
81 Slave Law has been carried into execution il
= every contested case since the commencement o
% 1.-THE present Administration though often it is t.
bo vusth nd rfyen
nc ience and with considerable expense to the Gov
nu ernmentsl Let trust that the State Legisla
US US lures will repeal their unconstitutional an
a en lobnoxious enaetments. Q Mess this shall b
a a done. without unnecessary delay, it is imposs
er bic for any power to save the Union. The South
We We ern States, Standing the basis Of the Const
NJ tuition, have right to demand this act of jus
sy tice from the States of the North. Should 1t
t' refused them, the Constitution, to which all tn
're parties will have been wilfully violated by on
ryr portion of them, in provision essential to th
~ domestic security and happiness of the RENAL IL
Ia der. In that event, the injured States, afte
!ee having first used all peaceaful and constitution
wy means to obtain redress, would be justified
ga revolutionary resistance to the government
" the Union. e a7a ,gja15 5's-=ai7rs- sn 4''ia ~
ing have purposey confined my remarks
are are revolutionary resistance, because it has bee
fh claimed within the last few years, that ar
OF State whenever it shall be their sovereign wi
@ 'tlc and pleasure may secede from the Union in a
tn tn cordance with the Constitution and without ar
NY violation of the Constitutional rights of Il
po- other members Of the, confedeeacy; that as ea
on5 became parties to the Union, by the vote
IN, its own people assembled in convention, al
anu one of them may retire from the Union in
i"or " similar manner by the vote of such conve
loh. loh. ton. In order to justify secession Cons
r4 io tutio nal remedy, it must be on the princiT
: % ol that theaFederal Government is mere volunt
,or ry association States to be dissolved at plea
stS ure by any one of the ieoutracting parties
lees this be oythe Gonfederacy is rore Of sand
anu be penetrated and dissolved by the first adver
wave of publicssopinion in any of the States.
N this manner our thirty-three States may resol
IS themselves into as many petty jarring and M
Wy tile republics each retiring from the Uni
s'se without responsibility whenever any sudden {
u u citement might impel them to such cour
mas By this course a u MON might be sentirelyab
Iess1 ken into fragments inEs few weeks, viii
:s.y cost our forefathers many years Of 70 4
privation and blood 40 Establish Such
principle is who'll iy7z Inconsistent with 9
'oaie @ Constifntion;' Il 81 was framed with +,
h' tho greatest deliberation and care; it was s
rem mitted to conventions of the people of
leh.s several States for ratification; its P
~ 10 visions discussed eatlength in tn
AZ bodies composed of the first men, of the CO
ou', try Its opponents contended that hconferl
er erin IN power upon the Federal Gopernment dang
GUS to the rights of the States whilst ifsS ad
Gates maintained thatnnders sasfair construct
N"nY of the instrumen t here was no foundation
!, n such apprehensions In that mi ghty struggle
Gated !, -. - eae..-od - 2 -, d;,;d'a1 a;,
elf a ,arr =. ~.o,,an.s a. .Jxo.a.ss : ,osasse-
1iola- a,, q ; - =, tlt sbs; sfF,s ,sro IN 81
.u.spt labor, because the moment that any S
Asca- felt herself, aggrieved she might secede f
ice 10 the Union.E What crushing argument >wc
with .Lt a. ih.s oe r. e "a 1son1d h. anI
avefy1 aersS hv Re cens.;t,t;on = The ruth ia
sress it was not until ny years after the origi
'sourl the Federal Government that such a proposi
egree was first advanced 1t was then met and
ty in fn,ed hv ,ha concl,sivs argnments of Ga
dgingI 81 Iashsoo.' who-,; in, h;ss'1. Msss..e Of
bility Is,rarv Isso 80 .l =
aJori- dfnance .of South Earolins to Congress,
~ OF Jpoys the following language: 'The light ot
from ss,Iassst lii ,s;tho,f ~ ~ -
spoke fstatss from their most aaIamn obi;ga.;ans
o the -. * I;har, "a n. -, - g. ii,