Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1860-12-11

tive. The stern duty of administering
the vast anl complicated councils Of this
government, affords in Ilseif ii guarantee
that he will not attempt any vloia.Ion of
clear Constitutional right. After all he
is no more than the Chief Executive Of
hcer OF The Government. HIS province
IS not TO make. but execute lis laws. and
II IS a remarkable fact in our history that,
Notwithstanding the repeated efforts OF
ne antl-slaYery party. no single act has
ever passed Congress. unless we may
positively except the Missouri Conpri-
mise. impairng IN The slightest degree
the rights OF the South 10 their property
IN slaves. And II may also be observed
Judging from present Indications, inat DO
probability exists Of the passage of such
an sct by majority of both Houses, Ell
lher IN the present OF next Congress
Surely under these circumstances we
ought 10 oe restrained from present az
lion by The precept Of HIM who spake as
nsver man spoke, ihat :. sufficient unto
the day IS the evil thereof" The day
of evil may never come unless we rash
ly bring il upon ourselves. l. Is alleged
as one cause tor immediate secession that
The Southern States are denied equal
rights with h other States in the Com
mon territories. Bat 10y what au-
thoritY are these denied Not By Com
gress, which has never passed. aud be-
heve never wlll pass, q y act TO exclude
slavery from these territories; and Ger
laiuiy not By the Supreme Court, which
mas soeuniy decided that slaves are
property, and, like all other properly the
owners have right 10 take them into
the common territories and hold them
there under The protection Of the Con-
stitution. SO far then as Congress IS
concerned, the objection is not 10 any
thing they have already done, bat TO
what they may do hereafter. 1t will
surely be aduHued that this apprehension
Of iu'ure daugrr IS no good reason for an
Immediate dissolution OF the Union
Ii is true that The Territorial LegIsia-
lu-e OF Kansas, on the 23I OF February,
1850, passed IN great haste an acl over
ne veto OF the Governor, declaring that
slavery Is, and shall be forever pFoA.bi-
led IN the territory. Such au ac,, how
ever, plainly violating the rights OF prop
erty secured by the Constitution, VIII
surely be declared VOID 10y the Judiciary
whenever il shall be presented 10 ie-
gal tprtn. Only three days after nay Ia
lugurauon, the Supreme Courl OF The
Uuurd States sJiemu,y ailldg q thar lh3s
power dii no. exist IN Territorial Leg
stature. Yet, such has been the tao
tI1us temper of the times, that the cor
recturss of this decision has been *
lens,veiy impugn-d before The peopIe,
and the question has given rise 10 angry
political couHlct throughout the country.
Those who have appealed from TINS
judgment of our highest Constitutional
tribunal TO popular assemblies, would, II
they could, invest Territorial LrgIsld-
tGres with power 10 annuI the sacred
nights 4 property. THIS power Con-
gress IS expressly forbidden by The Fed
rraI Constitution 10 exercise. Every
State Legislature IN the Union IS FORBID
den by is OWn Constitution TO exercise ID.
Il cannot be exercised In any STATE, eX-
ceIt by the people IN their highest SOW
reign capacity, when framing or amend
ing Their State Constitution. In like man
uer, il can only be exercised by lhe peo-
pie Of the Territory represented IN 4
convention of Delegates tor the purpose
Of forming constitution, preparatory 10
admission as a State into the Uniou.-
Then, and no. till then. are t.tey Invested
with power 10 decide the quesuou whelh-
er slavery shall or shall not exist within
their limits. This is an act OF sovereign
authority, and not of subordinate terrific
rial legislation. Were II otherwise, ,th-n
indeed would the equality OF States IN the
Territories he DESTROYED, and The rights
of properly In slaves would depend. no.
upon the guarantees of the Constitution,
but upon the shifting majoriues Of an IT.
responsible territorial legislature. Such
4 doctrine, from lis intrinsic unsoundness,
cannot long Influence any portion OF our
people. much less can IL afford 4 good
reason for a dissolution of the Union
The most palpabie violations of c0nsiitu-
ilonal duty which have yet been commit
ted consist in the acts of the different
State Legislatures 10 defeat the eXecu-
llon Of the Fugllive :5lare Law. l. ought
10 be remembered, however, for these
acls neither Congress nor any President
can be lustiy held respOns.b .ble having
been passed IN violation OF the Federal
Constitution. they are therefore null and
vIoi. All The courts, both State \ Nation
al. before whom the question has arisen.
have from the beginning declared the
Fugitive Slave Law TO Constitutional
The single exception IS that OF STATE
Court IN Wisconsin, and this has not on
Iy been reversed by the proper appellate
tribunal. but has met with such universal
reprobaGon that there can De no danger
from IT as a precedent. The validity OF
thls iaw has been established over and
over again IS the Supreme Court Of The
JnlJ-I States with perfect uaanInlty.-
Il Is founded upon an express provision
of the Consultation. requiring thai tugI-
llve slaves who escape from service n
one Stale 10 another, shall be delivered
up 10 their masters Without this pro-
vision, !: : a wriI-kn0wn hlSlorica. tacl
the Constitution itself could never have
been adopted oy the Convention. In one
form or au0taeT under the ac,s Of 1893
Cr lSJU, bO,a beng SUBSTANTIALLY lAe
The same, The Fugitive Slave Law has
been the law of The land from the days
of~N ashiugJou 20 The present uOmenl.--
here, Ihen. a clear case Is presented III
which i will be the duy Of the next
President, as II has been my own. to &C,
wl:h vIgor IN executing this 81 re.ue law
against the conflicting en1clmea, o. State
Leg Siaiures. Should he fail IN tn per