The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1860-12-07


Indications. that no probability exists OF the
passage of such an act, by majority Of both
Houses, either in the present or the next
Congress. Surely, under these circumstan-
ces, we ought to be restra ined from present
action by the precspt of Him who spsks as
never man spoke, that "sufficient unto the
day is the evil thereof" The day OF evil
may never come, unless we shall rashly briag
it upon ourselves. - -. ..-.
1t is alleged as one cause for immediate
secession, that the Southern States are de-
MED equal rights with the other States in the
common Territories. But by what author
ity are these denied! Not by Congress,
which has never passed, and believe never
will pass, any act to exclude slavery from
these Territories; and certaialy not by the
Supreme Court, which hiss solem uly decided
that .slsyes are property. and, like ell
other property, their owners have right IA
take them into the common Territories, and
hold them there under the protection OF t he
Constitution.
So far, then, as Congress in concerned,
the objection is not to anything they have
already done, but to what they may do here
after. 1t will surely be admittsd that this
apprehension of future danger is no good
reason for an immediate dissoluti on OF the
Union. 1t is true that the Territorial LIE :
gislature OF Kansas on the 23d of February,
1860, pissed in great haste an act. over the
veto of the Governor, declaring that slavery
"is, and shall be, forever prohibited in this
Territory" Such an act however, plainly
violating the rights OF property secured by
the Constitution, will surely be declared
void by the iudicilry whenever it shall be
presented in lega! form.
Only few days after my inauguration,
the Supreme Court of the United States
soIemnly edjndged that this power did not
exist in Territorial Legislature. Yet such
his been lhe IActious temper OF the times
that the correctness of this decision has
been extensively impugned before the peo
pie, and the question has given rise to angry
political conflicts throughout the county
Those who have appealed from this Judg.
ment OF our highest constitutional trbunA !
to popular assemblies would, if they could,
invest a Territorial Legislature with power
to annul the sacred lights OF property. This
power Congress i1 expressly forbidden by
the Federal Constitution to exercise. Ev.
cry State Legislature 10 the Union ia Tor.
bidien by its owa Constitution to exercise
il. 1t cannot be exercised in any State eX.
cspt by the people 10 their hi. hest sovereign
capacity when framing or amending theif
State Constitution. In like manner, it eau
or'y be exercised by the people OF a Terri.
tory represented 10 a Convention OF dele
gates Tor the pSrpose OF framing Constiu.
ton preparatory to their admission as
State into the Union. Thau, and not until
then, are they Invested with power to decide
the question whether slavery shall or shall
not exist within their limits. This ia un act
OF -soysreisn authority and not Of subordin-
ate Territorial Legislation. Were other
wise, then indeed would the equality OF The
Suites in the TsrritOries be destroyed, and
the rights of property would depend, not
upon the guarantees oil the Constitution, but
u2Jn the shifting majorities OF an irresp0n.
aioIo Territorial Legislature. Such doc
trine, from It's iatrlnsic unso1ndIess, cannot
long intluence any considerable portion OF
our people, much less can i! atfJrd a good
reason tor dissolution of the Union.
tona duty which have yet been committed
consist 10 the ditf'ereut 81 ,te Legislatures to
de eat the execution OF the Fugitive SlIve
law. 1t ought 10 be remembered, however,
ihat for these acts neither Congress nor any
President can justly be held respoasibIe.-
Having been passed in violation OF the Fed.
erll Constitution, they sre, therefore, null
and void. All the courts, both State and
National, before whom the question hrs
arisen, have from the beginning declared
The Fugitive Slave law to be constitutional.
The single exception is that of a State coutt
in Wisconsin, and this has not only been
reversed by the proper appellate tribunal,
but has met with such severe reprobation
that there can be no danger from it as
precedent. The validity OF this law has
bean repeatedly established by the Supreme
Court of the United Suites with perfect i'm.
puni,y. 1t is founded upon on express pro.
vision OF the Constitution, requiring that
fugitive slaves who escape from service in
one State TO another. snail be "deiivlrad
up" to their masters. Without this provi
sion it is we'll known h sloricsl tact th.t
The Constitution itself could never have b en-
adopted by the Convention. ln one form
or other under the acts OF 1893 and 1850,
both being substantially the same, the Fugi
i've Slave law has been the law OF the land
from the days OF Washington until the pres
ent moment. Here, then, clear Case is
in which it will b. the duty OF
The next President, as it has been my own,
10 act with vigor in executing this supreme
aw against the conflicting enactments oil
State Legislatures. Should he fail IN the
performance of this duty, he will then have
manifested a disregard OF the Constitution
md laws, to the great injury Of the people
IF nearly one half OF the States OF the
Union. But are we 10 presume in advance
nat he will thus violate bis duty! This
you'd be at war with every principle OF JUS.
ice and OF Christian charity. Let us wait
or the overt act.
The Fugitive Slave Law has been carried
Hto execution in every contested case since
he commencement OF the present Admins
ration, though often, it is to be regretted,
With great loss and Inconvenience to the
master, and with considerable expense to
he Government. Let us trust that the
State Legislatures will repeal their uncon.
titutional and obnoxious enactments. I'm
ess this shall be done without unnecessary
islay, it is impossible for any human power
o save the Union. The Southern States,
standing on the basis OF the Constitution,
rave a right To demand this act Of justice
rom the States of the North. Should it be
efused them, the Constitution, TO which all
he States are parties, will have been willui
y violated by one portion OF them, in
provision essential to the democratic secu.
ity and happiness OF the remainder. In
hat event, the injured States, after having
irst used all peaceful and constitutional
means to obtain redress. would be justified
n revolutionary resistance 70 the Govern.
nent Of the Union. have purposely con.