The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1860-12-13

ton of delegates for the purpose OF forming q
constitution, preparatory to admission INTO the
Union as State. Then, and not until then,
are they invested with power to decide the ques'
ton whether slavery shall or shall not exist
within their limits. This is an act of sovereign
authority, and not of subordinate Territorial
/ legislation. Were it otherwise, then indeed
would the equality Of the States in the Terrific
ries be destroyed, and the rights of property in
slaves would depend, not upon the guarantees
of the Constitution, but on the shifting MAORI
ties of an rrespo nsible territorial legislature
| Such doctrine, from its intrinsic unsoundness,
| cannot long influence any portion -four people,
much less can it afford good reason for the
| dissolution of the Union. The most palpable
violations of constitutional duty which have yet
been committed, consists in the acts of different
State Legislatures, to defeat the execution of
| the Fugitive Slave Law. 1t ought to be re-
membered, however, that for these acts neither
Congress nor any President can be justly held
responsible; having been past in violation 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
beginning declared the Fugitive Slave Law to
be constitutional. The single exception is that
OF a State Court in Wisconsin, and this has not
only been reversed by the proper appellate tri-
| bunal, but has met with such unequivocal repro
baton that there can be no danger from it as
precedent. The validity of this law has been
established over and over again by the Su-
| preme Court of the United States, with perfect
unanlmity. 1t is founded upon an express pro
vision of the Constitution, requiring that fugi
tive slaves who escape from service in or state
to another, shall be delivered up to their mas
tiers. Without this provision, it is well known
historical fact that the Constitution itself could
never have been adopted by the Conventlon.-
In one form or another, under the acts of 1898
or 1850, both being substantially the same, the
! Fugitive Slave Law has been the law of the
land from the days of Washington to the pres
ent moment. Here then, clear case is present
ed in which it will be the duty of The next Pres
ident, AS it has been my own, to act with vigor
in executing this supreme law against the con-
fictiRg enactments of State Legislatures. Shoe
he fail In the performance of his high duty, he
will then have manifested. disregard of the
| Constitution and laws, to the grea. oiury of the
people of nearly one-half of the States of the
4 Union. But are we to presume in advance that
he will thus violate his duty This would be
at war with every principle of justice-of Chris
tan charity. Let us wait the overt act.
The Fugitive Slave Law has been carried in
to execution in every contested case since the
commencement of the present administration.
though often, it is to be regretted, with great
loss and inconvenience, and with considerable
expense to the Government. Let us trust that
the State Legislatures will repeal their uncon.
stitutional and obnoxious enactments unless
this shall be done without unnecessary delay,
1t is impossible for any human power to save
the Union. The Southern States, standing on
the Constitution, have right to demand this
act oEJustce from the States of the North
should 1t be refused them, the Constitution, tC
which all the States are parties, will have beer
wilfully violated by one portion of them, in q
provision essential to the domestic security an6
happiness of the remainder In that event, The
injured States, after having first used all peace
1ul and constitutional means to obtain redress
would be justified in revolutionary resistance t.
the Government of the Union,
have purpnsely confined my remarks Il
revolutionary resistance, because it has beer
; claimed within the past few years that any
state, whene-e r it shall be her sovereign will
! and please aay secede from the Union. in
accordance h the Constitution, and withou
any violation of the constitutional ri hts of tn
) other members of the confederaey that as eacl
became parties to the Union by the vote of it
people assembled in convention, so any one o
!, them may retire from the Union in a simila
manner, by the vote of such a convention Ii
ordert Jusltysecession as a constitutional rem
edy lit must be on the principle that the Fedora
, government is mere voluntary ASSOCIATION o
otates, TO be dissolved at pleasure by any O
Che contracting parties. If this be so, the con
iederacy IS rope of sand, and to be separated
ana dissolved by the first wave of public opinion
IN any OF the States. In this manner, our thirt,
tnree States may resolve themselves into a
many petty, Earring republics, each one retiring
from the Union without responsibility, when
ever any sudden excitement might impel then
to such course ; by this process, "a Union M oh
De entirely broken into fragments in a few
weeks, which cost our forefathers many wears O
toll, pryation and blood to establish
ouch principle is wholly inconsistent will
tAe Constitution. 1t was framed with th,
greatest deliberation and care, it was submitted
20 conventions OF the people of the severa
states for ratification. It's provisions were
discussed at length in those bodies composed
OF the first men of the country. Its opponents
contended that it conferred power upon tn,
federal Government dangerous to the rights O.
Tue states, whilst its advocates maintained tina
under talr construction of the instrument
mere was no foundation for such apprehensions
In that mighty struggle between the first intel
iects OF this or any other country, it never oc
curreo 10 any individual, either among its oppo
nehtS OF advocates,to ssert or even to intimate
mat thelr efforts We're all vain labor because the
moment that any State felt herself aggrieved
she might secede from the Union. What q
: crushing argument woud this have proved
against those who dreaded that the rights of the
states would be endangered by the Constitution.
ne truth Is that it was not until many years
alter the origin of the Federal Government that
such proposition was first advanced 1t was
tnen met q retuted by the conclusive argument
OF GENERAL jackson, who, in his message of the
10Th OF January, 1888, transmitting the nullify.
ing ordinance of South Carolina to CONGRESS-
J employs the following language:
r" The right of the people of a single State to
aosolve themselves at WILL without the consent
) OF the other States, from their most solemn OBJ.
legations, hazards the liberty and happiness Of
millions composing this Union, and cannot be
acknowledged. Such autL ority is believed to
be utterly repugnant, both to the principles up.
Oh which the General Government is constitu.
ted, and to the objects which it was expressly
formed to attain. 1t is not pretended that any
clause in the Constitution gives countenance to
such theory it is altogether founded upon
inference, not from any language contained in
the instrument itself, but from the sovereign
Character OF the several States by which it was
ratified. But is it beyond the power of State
IKE an Individual, to yield portion of it's SOW
ereign righttosecurethe remainder 2"
In the language of Mr. Madison who has
been called the Father OF the Constitution: "It
! was formed by the States, that is by the people
IN each of the States, acting in their HIGHEST
sovereign capacity land formed consequently by
the same power that formed the State constitn
: tons. Nor IS the government of the United
States, created by the Constitution, less gov
eminent, in the strictest sense of the term with
in the sphere of its powers, than thu
o governments created by the Constitution
of the States are within their several spheres.
i is like them organized into Legislative, Execu
tive and Judiciary departments. 1t operate
like them on persons and things and like them
) it has at command physical force for executin
the powers committed to it. 1t was intended tn b
II perpetual, and not to be annulled at the pleas
ure of any one of the contracting parties of tn
: Confederation, perpetual union between tn
n States; and by the 18th article, it is expressl
declared that the articles of this Confederate
J shall be inviolably observed by every State AN
d the Union shall be perpetuated"
y The Preamble to the Constitution of tb
!. United States, having expr ess reference to h
a articles of Confederation, recites that II WIS