New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-05


The FUGITIVE Slave law. 1t ought to be remembered
however tina, for these acts neither Congress nor any
President can Justly be held responsible Having been
passed in violation Of the Federal Constitution, they
ere therefore, null and void All the courts, both
State and national, before whom the question bias
arisen have from the beginning declared the Fugitive
Slave law 10 be constitutional The single exception is
that Of State court in Wisconsin, and this has not only
been reversed by the pr per appellate tribunal but has
met with such universal reprobation that there can DO
no danger from il precedent The validity OF this
law has been established over and over again by the
Supreme Cour, Of the United States with perfect una
nirity. It is foundedenpon an express provision OF
the Constitution, requiring that fugitive slaves VINO
escape from service in State to another shall be
delivered up " to their masters. Without this pro-
vision il is well known historical fact that the Con-
sttuton itself could never have been adopted by the
Convention.
In one form or other, under the acts of 1923 and
1850, both being substantially the came, the Fugitive
Slave Law has been the law of the land from the days
Of Washington untiltbe present moment. Here, then,
clear case is presented in which it will be the duty
of the next President as it has been my own, TO act
with ygor In executing this supreme Law against tne
conflicting enactments Of State IegslatuTes Shont1
he fail in the performance Of this high duty be WIN
then have manifested disregard Of the Constitution
and laws 10 the great injury Of the people OF nearly
one-haf CT the States of the Union But IRE we 70
presume in advance that be will thus violate bus duty
This would be at war with every princcipe OF Jusuce
and of Christian charity. Let us wall for inc overt
act The Fugitive Slave Law has been carried INTO ex
ecution in every contested since the commence
ment Of the pre;ent administration; though oiieh, Is
10 be regretted with great lose and inconvenience 10
Tbs master and with considerable expense TO The Gov-
eminent Let rs trust that the State Legislatures VIII
r, cal their unc or suior and obnoxious enac'inents
Unless this shsll be done without any necessary delay
1t is impossible for any human power 10 save tne
Union,
The Southern States, standing the basis OF the
Constellation have right to demand this act OF justice
from the States Of the North. Should IT be refueed,
IL, Ill h. Atotna Tslr-
then the Constitution TO which al the o'a'es arc p
ties, will have been wfully violated by one portion
Of them in provision essential to the domestic security
and Happiness Of the remainder. In that event. tns
injured Saes after having first used all peaeeiu ana
Constitutional means to obtain redress would 10 JuS
fed in revolutionary resistance TO the Government Of
| the Union.
Ihave purposely confined my remarks to revolution
ary resistance because it has been claimed within the
last few wears that any State whenever this shall De
its sovereign will aud pleasure, may secede IRON the
Union in accordance with the Constitution and with
ont any violation Of the Constitutional ignIs OF Inc
other members Of the Confederacy. That, as each
became parties 20 the Union by tie vote OF its own
people assembled in Convention, any one OF them
may retire from the Union in similar manner by the
vote Of such a convention.
In order to justify secession as consuuonai Iehe
DIV it must be the principle that the Federal Govern
uent is voluntary association OF states, 10 ne
dissolved ct pleasure by any one VI the contracting
parties. Ii this be 80, the Confodeacy Is rope OF
sand, to be penetrated ard dissolved by the irs' aa
this manner our thirty States may resolve them
selves into as many petty jarring, and hostile rePuo-
hes each retiring from the Union without reepon-
sbiGty, whenever any sudden excitement might iin-
rel them 10 such course. BY this process Union
might DO entirely broken into fragments IN few
weeks which cost our foIefather5 many years OF toll,
privation, and blood TO establish.
Such principle is wholly inconsistent with the his
tory as well the character Of the Federal Consttu-
ton After it was framed, with the greatest deberG-
ton and care it submitted to conventions OF the
people Of the several States for ratification It's pro-
Yions were discussed at length in these bodies COM
posed of the first Of the country. It's opponents
contended that il conferred powers upon the Federal
Government dangerous TO the rights of tho States,
while its advocates maintained that under fair con-
srueion of the instrument there no foundation for
such apprehensions. In that mighty struggle between
tho first intellecs Of this any other country, II
never occurred to any individual either among its OPP
ponsnts advocates 70 assert, or even to intimate,
that their efforts were all vain labor because the mo
ment any State felt herself agg1ieyed she might secede
| FROM tie Union. What crushing argument would
this have proved against those who dreaded that the
rights of the States would be endangered by the Con-
stituiioD. The truth is that It was not until many
years after the origin Of the Federal Government that
such a proposition was first advanced.
TWAS then met and Tefuted by the coneulve argu-
ments Of Gen jackson, no Ii bis InessSge Of 10th
January, 1922 transmitting the multiplying ordinance
Of South Carolina 10 Congress, employs the following
language: "The right Of The people OF single State
TO blOive themselves at Will and without the consent
Of the other Sates from their solemn obligations,
and hazard the liberty and happiness OF the millions
composing this Union, cannot lie acknowledged Such
authority is believed TO be utterly repugnsnt both to
the principles ulon which the General Government is
constituted and TO the objects wlch it was expressly
formed TO attain"
1t not pretended that any clause in the Constitution
gives countenance 10 such theory. 1t is altogether
founded upon inference, not from any language con-
tanned in the instrument ITSELF but from the sovereign
character of the several States by which ratified.
But is it beyond the power Of a State like an indi
Vidua to yield portion OF Its sovereign rights to Sc
cure the remainder In the language of Mr.. Madison
who has been called the father Of the Constitution:
1t was formed by the States-that is by the people
IN each Of the States acting their highest sovereign
| capacity; and formed consequently by the same au-
| thoriy which formed the State Constitutions"
Nor Is the Government Of Tue United States Gre
| ated by tho Constitution, less q Government In the
strict of tho term within the sphere Of its pow
of the States are within their several spheres. 1t is
like them organized iuto legislative, executive and u
dietary departments 1t operates, like them directly
on persons and Thugs and, like them, it has at com
mand physical force FOR executing the powers
| nitted TO it,"
II was intended TO be perpetual, and not to be an
nued at the pleasure of any one of the contracting
parties The old articles of confederation were en-.
titled Articles of Confederation and Perpetual Union
between the States" and by the 18th article it is
pressy declared that the articles Of this Coniedera-
ion shall be ilyioaby observed by every State, and
of the States Rsg
ference TO the articles OF Confederation reites that it
was established " IN order 10 torn a more perfect
union. And yet it scontended that this more per-
feet union" does not include the essential attribute OF
| perpetuty.
But that the Union was designed TO be perpetual ap.
pears conclusyely from the nature and extent Of the
powers conferred by the Constitution on tie Federal
| Government. These powers embrace the very highest
attributes Of national sovereignty They place both the
sword and the purse under its control Congress has
power TO make war; and to make peace; to raise and
support armies and nayes and conclude treaties with
foreign Governments. 1t is invested with the power
| 10 In nrht