Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1860-12-06

Of February, 1850, passed in great haste
an act, over the veto Of the Governor, de
olarink that slavery It's, and shall be, for
ever prohibited In this Territory Such
On act, However, plainly violating the
rights Of property secured by the Cousti
tuition, will surely be declared void by the
Judiciary whenever Il shall be presented in
\ a legal form i'' er rt1 9lI
OnIya few days after my Inauguration,
the Supreme Court Of the United States
soiemnly adjudged that this power did not
exist in Territorial Legislature. Yet such
has been the factious temper Of the times
that the correctness of this decision has
been extensively impugued before the peo-
pie, and the question has given rise to an.
cry political conflicts throughout the coun.
try. Those who have appealed from this
judgment Of our highest constitutional tri-
bunsl to popular assemblies would, if they
conld, invest Territorial Legislature with
power to annul the sacred rights of prop
erty. This power Congress is expressly
forbidden byth Federal Constitution 10
exercise Every State Legislature in the
Union is forbidden by its own Constitution
to exercise it It cannot be exercised in
any State except by tile people in their
highest sovereign capacity when framing
or amending their State Constitution. In
like manner, it can only be exercised by
people Of Territory represented in a
Convention Of delegates for the purpose Of
framing Constitution preparatory to
admission as State into the Union. Then,
and not until then, are they invested with
power to decide the question whether slave
ry shall or shall not exist within their
thority aud not Of subordinate Territorial
legislation. We're It otherwise, then indeed
would the equality of the States in the
Territories be destroyed, and the rights of
property in slaves would depend, not upon
the guarantees Of the Constitution, but
upon the shifting majorities Of an irrespon
sible Territorial Legislature. Such doc
trine, from it's intrinsic unsoundness, can
not long influence any considerable portion
Of our people, much less can it afford q
good reason for a dissolution of the Union.
TIE mos1pslpable violations of Constitu-
tional duty which have yet been committed
consist in the different State Legislatures
to defeat the execution of the Fugitive
Slave law. 1t ought TO be remembered,
however, that for these acts neither Con-
gress nor any President can Justly be held
responsible. Having been passed in viola
tion Of the Federal Constitution, they are,
therefore, null and void. All the courts
both State and National, before whom the
question has arisen, have from the begin
ming declared the Fugitive Slave law to be
Constitutional. The single exception is
that of State Court in Wisconsin, and 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 q precedent. The valid
ity Of this law has been repeatedly estab,
lished by the Supreme Court of the q United
States with perfect impuhity. II is found.
ed upon an express provision of the Con
stitution, requiring that fugitive slaves
who escape from service in one State TO an
other, shall be delivered up" to their mas
ters. Without this provision IL is a we'll
known historical fact that the Constitution
itself could never have been adopled by the
Convention. ! Il one form or ether under the
act Of 1898 and 1850, both beinR substan
TALLY the same, the Fugitive Slave law has
been the law Of the land from the DAYS of
Washington until the present moment
Here, then, clear case is presented. in
which 1t will be the duty Of the next Presi.
dent, as IL has been my own, to act with
vigor in executing this supreme law
against the conflicting enactments of State
Legislatures. Should he fail in the per-
iormance Of this duty he will then have
manifested disregard Of the Constitution
and laws, to the great injury of the people
of nearly one-haf of the States of the
Union. But are we to presume in advance
that ne will thus violate his duty2 This
would be at war with every principle of
justice and of Christian charity. Let us
wait for the overt act. The Fugitive Slave
law has been carried into execution In ey-
cry contested case since the commence
ment of the present administration
though often, it is to be regretted, with
great loss and Inconvenience to the mas
ter, and with considerable expense to the
government. Let US trust that the State
Legislatures will repeal their unconstitu-
tional and obnoxious enactments. Unless
this shall be done without unnecessary de-
lay, it is impossible for any human power
to save the Union.
The Southern States, standing on the ba-
sis of the constitution, have a right to. de-
mand this act of justice fLom the States of
the North. Should it refused, then the con-
stitution to which all the States are parties,
will have been Wilfully violated by one
portion of them in provision essential
to the domestic security and happiness of
the remainder. In that event, the injured
States, after having first used all peaceful
and constitutional means to obtain redress,
would be justified in revolutionary resist
ance to the government of the Union.
have pnrposely confined my remarks to
revolutionary resistance, because it has
been claimed within the last few years that
any State, whenever this shall he it's soyer-
eign will and pleasure, may seoede from
the Union, in accordance with the Consti-
tution,and without any violation of the con
sttuional rights of the other members of
the confederaey. That as each became par
ties to the Union by the vote of its own peo
ple assembled in convention, so any one of
them may retire from the Union in a siu.i-
lar manner by the vote of such a convention.
In order to Justify secession as a consti-
tutional remedy it must be on the principle
that the federal government is mere volun-
tary association Of States, to be dissolved
at pleasure by any one of the contracting
parties, IL this be so, the confederacy is a
rope of sand, to be penetrated and dis.
solved by the first adverse wave of public
opinion in any of the States. In this man
ner our thirty-three States may resolve
themselves into rs many petty, jarring and
hostile republics, each one retiring from
The, Union, without responsibility, when.
ever any sudden excitement might impel
them to such course. By this process
Union might be entirely broken into frag-
nents in few weeks, which cost our fore
ISthers many years Of toll, privatiOn and
blood to establish.
Such a principle is wholly inconsistent
With the history as we'll as the character Of
he federal constitution After IL was
'ramed, with the greatest deliberation and
,are, il was submitted TO conventions Of
he people of the several States 10, rot;6