Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-12-07

conflicts throughout the country.
who bave appealed from this iu1yna7. p.
our highest constitutional tribunal :, -
lar assemblies, would, if they c7ulI. my. ''
territorial legislature with power &, a,,-,
the sacred rights Of property. This r---l
Congress is expressly forbidden b. ~, .'-
stitution TO exercise.
Every state legislature in the T-,i,, e, G..
hidden by its own constitution n ovs~,;., :.
It cannot be exercised in any star. 80. t.,
the people IN their highest SOVEREIGN go;
ty when framing or amending their 80,
constitution. In like manner. it can onlv =,
exercised by the people Of n territory raDr,
sented in n convention Of delegates for n.
purpose of framing a constitution pre- paret,.
~ to admission as a State into the Union
Then, and not until then, are they in7es-al
with power to decide the question whe,1a-
slavery shall or shall not exist within thu.
limits. This is an act Of sovereign auth0ri--
and not ofsubOrdinate territorial legiSlat-
Were it otherwise, then indeed wOul b.
equality Of the States in the Territ0riss b
destroyed. and the rights of property n
slaves would depend. not upon the guara7.
tees Of the Constitution. but upon the siif.
ing majorities of an irresponsible territ9--I
legislature. Such 4 doctrine, from It's In.
trinsic unsoundness, cannot long infusr,s
any considerable portion Of our ue1r'4
much less can it afford good reason for,
dissolution Of the Union.
The most palpIble violations Of c9nq,it-.
tional duty which have yet been commit
consist in the acts of different state lsgisl,
tires 10 defeat the execution Of the f1gi-;v..
slave law. It ought to be remembarel. b5r.
ever, that for those acts. neither Congrs=z-- m.
any President can Justly be held 1esp9nsir'-
Having been passed in violation Of the FsIs-
al Constitution, they are therefore null e--
void. All the courts, both State aud nation.
al, before whom the question has arisen
have from the beginning declared the fI-;-.-..
slave law to be constitutional. The s-7,,s
exception is that of a State court in W.
consin and this has not only been ravs-7, 4
BY the proper appellate tribunal, but has MAJ
with such universal reprObati0n that ,h-rs
can be no danger from it as a precadeu.
The validity Of this law has been estahljst5
over and over again by the Supreme C0ur,
the United States with perfect unanim
It IS founded upon an express provision
the Constitution requiring that fugitive slave.
who escape from service in one State q
another shall be &C delivered up to Their
masters, Without this provision it IS vel
known historical fact that the Constltl,l
itself could never haze been adopted by ---
In one form or other under Die
acts of 1898 and 1850, both being suis.i-.
tally the same, the fugitive slave law t-.
been the law Of the land from the DAYS
Washington until the present moment.
Here, then, a clear case is presented
which it Will be the duty Of the next Prs.
dent, as it has been my own, to act wiz
visor in executing this supreme law agar,
The conflicting enactments Of State legs
lures. Should be fail in the perf0rma1c-
this high duty, he will then have mamie
a disreL gard OF the Constitution and laws.
the great injury of the people Of nearly
half Of the States of the Union. Bur arr u.
10 presume in advance that he viii th1s
lace his duty? This would be at war ISL.
every principle Of justice and christian cha.
it7 Let US wait for the overt act. Thief.
yitiye slave law has been carried into -z-.
ton in every contested case since the con-.
menCement Of the present administ-a--
though often, it is 20 be regretted. wiz
great loss and inconvenience to the m4s,.-.
and with considerable expense 10 the G. .7----
ment. Let US trust that the Stare --a.
lures will repeal their unconstituto-al or.
obnoxious enactments. Unless this shall
done without unnecessary delay IT is .-s
slble for any human power to save the Lr.-.
The Southern States, standing on tha --s
Of the constitution, have a right b iaul-
this act OF justice from the states ~ OLE
North. Should It be refused, then the ----
stitutiOn, to which all the states are parties.
viii have been wilfully violated by one u---
ton Of them in a provision essential % --s
domestic security and happiness ef The r.
mainder. In that event. the injured S-asz
after having first used all peaceful ami
means to btain redress. woc
justified in revolutionary resistance &
Government ofthe Union.
| have purposely confined my remarls
revolutionary resistance, because it has -
claimed within the last few years thu s--
State, whenever this shall be its s5vsr =
will and pleasure, may secede from the e.
ion, in accordance with the Consti:u.i-
and without any violation Of the clns..-.
uonal rights Of the other members Of -
Coniedsracy. That as each became plr..s
70 the Union BY the vote OF its own uslr
assembled IN Convention. so any one Of din
may retire from the Union in a similar M.
ner by the vote Of such Il convention.
In order to justify secession as : cl5s---
uJnal remedy 1t must be on the pri1,.-
that the Federal government Is q me-s ~
uHtaTy association Of states, % be dis
at pleasure by any one Of the c0nta.---
parties. = this BE- so, the Coniederlcv IS
rope Of sand. t. be penetrated aad dlss,
by the first adverse wave Of public 0uiu
any OF the States. In this manner our --
fy-three States may resolve themselves --
Is many petty, Earring, and hostile rsFl--1
Zach one retiring from the Union, with
responsibility, whenever any sudden e-c.-
nent mightimpel them to such a c1r--7.--
by this process Union might be sr-irs-
broken into fragments in q few weeks. wl.-
'Ist oar iJrciathers many years of tl-. u.
'ltl0n, ald blood 70 establish.
such principle is wholly i-c5r>s.sn.
Elth the history as well as the ch1rIc,ar
lie FEDERAL constitution. After !. vas '----
u, with the greatest deliberati0n and 1-
t was submitted 10 conventions Of the
PIC OF tie several States for ratification j.
'royisioHs were discussed at length II t-7
'odies, composed of the first men in .-i
ountry Its opponents contended t-l.
onierTed powers upon the Federal Cow
leat dangerous 10 the rights Of the S1.
Fhlie Its advocates maintained that uris,
ar construction OF the ins.rumea- -
vas 10 foundation for such apprshe-.
taa5 mighty struggle between tie fri
nteiiects OF this of any other coun-r.
ever occurred to any individual. -
mong Its opponents or its advocates. 1~
,rt, or even to intimate. that the. & Is
-ere al vain labor, because the monet.
ny State felt herself aggrieyed she --a
'cede from the Union. What crcs--
rgHment would this have proved a-.
b Sc who dreaded that the rights Of -
-ates would be endangered by the CJas--
ltiou. The truth is, that it vas no- ua'-
ANY years after the origin of the Ftl7--
government that such a proposition W.
rst advanced.
1t was then met and refutei by The c]7'i3-
We arguments of General Jackson, who u
Is message Of 10Th January, 1888, tr-a'-
lifting the multiplying ordinance Of S--.-
aroma to Congress, employs the io.L'".l-
.nguage: - The right of the people ~
ngle State to absolve themselves NJ Wi. 81.
ith0ut the consent of the other States, --
leir most solemn obligations. and haz ,-i -
Derty and happiness Of the millions cong
g this Union, cannot be acknow..i-