The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1860-12-12
act on the part Of the President elect before

u
1t is said, however, that the antecedents
OF the President elect have been sufficient to
justify the fears Of the South that he will at
tempt to invade their constitutional rights.
But are such apprehensions of contingent
danger In the future sufficient to Justify the
immediate destruction of the noblest system
of government ever devised by mortals
From the very nature Of his Office, and its
high responsibilities, he must necessarily be
conservative. The stern duty Of admins
tering the vast and complicated concerns Of
this Government affords in itself guarantee
that he will not attempt any violation of a
clear constitutional right. After all, he is no
more than the chief executive officer Of the
Government. His province is not to make,
but to execute, the laws; and it is remarka-
BILE fact in our history, that, notwithstanding
the repeated efforts Of the anti slavery party,
no single act has ever passed Congress, un-
less we may possibly except the Missouri
Compromise, impairing, in the slightest de-
gree. the rights Of the South to their proper
ty in slaves. And it may also be observed,
judging from present 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 circumstances, we ought TO be
restrained from present action by the precept
OF Him who spake as never man spake, that
/" sufficient unto the day is the evil thereof"
The day Of evil may never come, unless we
shall rashly bring it upon ourselves.
II is alleged as one cause of immediate
secession, that the Southern States are de-
MED equal rights with the other States in
the common Territories. But by what au-
thority are these denied? Not by Congress,
which has never passed, and believe never
will pass, any act to exclude slavery from
these Territories; and certainly not by the
Supreme Court, which has solcmnly decided
that slaves are property, and, like all other
property, their owners have right to 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 TO anything that they have
already done, but to what they NAV do here
after. IL twill surely be admitted that this ap-
prehension Of future danger is no good reason
for an immediate dissolution of the Union.
II is true that the territorial legislature Of
Kansas, on the Esd of February, 1860, pass
ed in great haste an act, over the veto Of the
Governor, declaring that slavery "is, and
shall be, forever prohibited in this Terrific
ry." Such an act, however, plainly vioIat-
ing the rights Of property secured by the
Constitution, will surely be declared void by
the Judiciary whenever it shall be presented
in legal fsrm.
Only three days after nv Inauguration the
Supreme Court of the United States solemn
~ adjudged that this power did not exist in
a territorial Legislature. Yet such has been
the factious temper Of the times that the cor
ractness Of this decision has been extensive
ly impugned before the people, and the ques-
tlon has given rise to angry political con-
iiicts throughout the country. Those who
have appealed from this judgment of our
highest constitutional tribunal 20 popular as.
semblies would, f they could, invest terri
torial legislature with power to annul the sa-
cred rights Of property. This power Con-
gress il expressly forbidden by the Federal
Constitution TO exercise. Every State lie.
gislature in the Union is forbidden BY its
own constitution 10 exercise it. Ii cannot
be exercised in any State except by the peo-
pie IN their highest sovereign capacity when
framing or amending their State constitution.
In like manner, II can only be exercised by the
people of a territory represented 10 a conyen-
tion Of delegates for the purpose Of framing
a constitution preparatory 20 admission az a
State into the Union. Then, aud not until
then, are they invested with power to decide
the question whether slavery shall or shall
not exist within their limits. This Is an act
Of sovereign authority. aud not Of subordi-
nate territorial legislation. Were il other
wise. then indeed would the equality of the
States in the Territories be DESTROYED, and
the rights Of property IN slaves would depend,
not upon the guarantees Of the Constitution,
but upon the shifting majorities ~ an ire
sponslble territorial legislature. Such doc
trine. from is intrinsic unsoundness, cannot
long influence any considerable portion of
OuF people, much less can il afford good
reason for dissolution Of the Union.
The most palpable violations Of constitu-
tionai duty which have yet been committed
consist in acts Of different State legislatures
TO defeat the execution OF the fugitive slave
law. II ought TO be remembered, however.
that for these acts, neither Congress nor any
President can justly be held responsible.
Having been passed in violation Of the Fed
eral Constitution. they are therefore null aud
void. All the courts. both State aud nation
al, before whom the question has arisen, have
from the beginning declared The fugitive
slave law TO be constitutional. The single
exception is that Of State court in Wiscon-
sin aud this has not only been reversed by
the proper appellate tribunal, but has met
with such universal reprobation that there
can be no danger from II as q precedent.
The validity OF this law has been establish.
ed over and over again BY the Supreme Court
Of the United States with perfect unanimity.
II Is founded upon an express provision Of
the Constitution, requiring that fugitive
slaves who escape from service ia one State
TO another shall be delivered up" TO their
masters. Without this provision Il is we'll
known historical fact that the Constitution
N. II A - a a. -