Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1860-12-06

may also be observed, Judging from the present
Indications that no probability exists of the
passage of such an act, by majority Of both
Houses, either in the present or the next Con-
gress. Surely, under these circumstances, we
ought to be restrained from present action by
the precept of Him who spake as never man
spoke, that sufficient unto the day is the evil
thereof" The day of evil may never come,
unless we shall rashly bring it upon ourselves.
1t is alledged as one cause for immediate
secession that the Southern States are denied
equal rights with the other States in the COM
mon Territories But by what authority are
they denied ? Not by Congress, which has
never passed, and | believe never will pass
any act to exclude Slavery from these Ter
rtories and certainly not by the Supreme
Court, which has solemly decided that slaves
are property, aud, like all other property, their
| owners have right to take them into the
common Territories, and hold them there under
the protection Cf 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. 1t
will surely be admitted that this apprehension
of future danger is no good reason for an im-
mediate dissolution Of the Union. 1t is true
that the Territorial Legislature of Kansas, on
the 23d of FEBRUARY. 1860, passed in great
haste an act, over the veto of the Governor,
declaring that Slavery is, and shall be, for
ever prohibited in this Territory" Such an act
however, plainly violating rights Of property
secured by the Constitution, will surely be de-
clared void by the Judiciary whenever it shall
be presented in a legal form.
Only three days after my Inauguration, the
,c L. ,ol
adiudged that this power did not exist in a
territorial legislature Yet such has been the
factions temper of the times that the correct
ness OF this decision has been extensively i'm
pugncd before the people, and the question
has given rise to angry political conflicts
| throughout the country. Those who have ap-
pcaIed from this judgement Of our highest
constitutional tribunal to popular assemblies
would, if they could, invest a territorial leg
is!ature with power to annuI the sacred rights
of property. This power Congress is express
| ly forbidden by the Federal Constitution to
exercise Every State legislature in the Un-
ion is forbidden 10y It's own constitution 10 eX
ercise it. 1t cannot be exercised in States OK
cept 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 Territory represented in a
convention Of delegates for the purpose Of
| preparing a constitution preparatory to ad-
mission as a State into the Union. Then and
not until taen are they invested with power TO
decide the question whether Slavery shall or
shall not exist within its limits. This is an
act of sovereign authority, and not of subor-
| dinate territorial legislation Were it other
wise, then indeed would the equality of the
States be destroyed, and the rights of prop
| perty in slaves would depend, not upon the
guarantees of the CoStituton hut upon the
| shifting maiorities of an rrepreSsibe territorial
| legislature Such doctrine from its intrinsic
unsouudness, cannot long Influence any portion
| Of our people, much less can it afford a good
reason for dissolution Of the Union.
! The most pajpabe violations of constitu
/ tional duty which have yet been committed
! consists in the acts Of different State legis,
| ature to defeat the execution of the Fugitive
! Slave Law. 1t ought to be remembered,
! however, that for these acts neither Congress
nor any President can Justly be held response
! BILE. Having been passed in violation Of the
| Federal Constitution they are therefore, null
| and void. All the courts, both State and ma
! tional, before whom the question has arisen
have from the beginning declared the Fugi-
| tive Slave law constitutional The single ex-
ception is that Of a State court in Wisconsin
ard 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 o precedent The val
idity Of this law has been estabsed over and
over again by the Supreme Court Of the
! ,rith INIT II i
| founded upon an express provision of the Con
5titution, requiring that fugitive slaves who
escanc from service in one State to another
shall be delivered up" to their masters.
! In one form or other, under the acts of
| 1898 and 1850, both being substantially the
same, the Fugitive Slave Law has been the
! aw Of the land from the days Of Washington
until the present moment. Here, then q
tiear case is presented, in which it will be the
! duty of the next President, as it has been M
own, to act with vigor in executing this su
preme law against the conflicting enactmentS
! of State Legislature. Should he fail in the
performance Of this high duty, he will then
| have manifested disregard of the COnStitu
| ton and laws, to the great injury Of the peo
pie of nearly Onc-haif of the States OF the
| Union. The Fugitive Slave law has been
carried into execution in every contested case
since the commencement of the present ad.
ministraton though often, it is to be re-
GREETED, with great loss and Inconvenience to
the master, and with considerable expense to
lhe Government Let US trust that the State
| Legislature will repeal their unconstitutional
and obnoxious enactments Unless this shall
be done without any necessary delay, it is i'm,
possible for any human power to save the
Union.
The Southern States, standing on the basis