The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-12-14

! concerns OF this government affords IN itSel
. guarantee that he will, not attempt any
violation of clear constitutional right
After all he is no more than the chief exc
cutive officer of 8. the government. Hi
province is not to make, but execute it,
laws, and it is remarkable fact in oul
history that, Notwithstanding the reported
efforts Of the anti>slavery party, no single
act has ever passed Congress, unless we may
possibly except the Missouri Compromise
impairing in the slightest degree the rights
of the South to their, property 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 pres.
ent or the next Congress. haa sJ eLj Bal
| Surely under these circumstances, We
| ought to be restrained from present actor
by the precept Of Him who spake as never
man spake, that sufficient unto the day il
the evil thereof" The day of evil may
never come unless we shall rashly bring il
upon ourselves. 1t is alleged as one cause
for immediate secession that the southern
states are denied equal rights with the
other states in the common territories. But
by what authority are these denied? Not
by Congress, which has never passed, and
believe never will pass any act to exclude
| slavery from these territories and certain
ly not by the Supreme Court which has
solemnly decided that slaves are property
and like all other property, their owners
have right to take them into the com.
mon territories and hold them there under
the protection of the Constitution. SO far
then as Congress is concerned, the objection
is not to anything they have already DONE
but to what they may do hereafter. 1t will
surely be admitted that this apprehension Of
future dcnger is no good reason for an i'm
mediate dissolution Of the Union.
1t is true that the Territorial Legislature
of Kansas, on the 23d of February, 1860,
passed in great haste an act over the veto
of the Governor, declaring that slavery is
and shall be forever prohibited in the ter
ritory. Such an act, however, plainly vio-
lating the rights of property secure by the
constitution, will surely be declared void
by the judiciary, whenever it shall be pre-
sented in legal form. Only three days
after my Inauguration, the Supreme Court
of the United States solemnly adjudged
that this power did not exist 10 Terrific
rial Legislature. Yet such has been the
factious temper of the times, that the cor
rectness of this decision has been exten.
sively impugned before the people, and the
question has given rise to angry political
conflict throughout the country. Those
who have appealed from this judgme of
our highest constitutional tribunal to pop
ular assemblies, would, if they could, invest
Territorial Legislatures with power to an.
null the sacred rights of property. This
power Congress is expressly forbidden by
the Federal Constitution to exercise. Ev-
cry State Legislature in the Union is for
hidden by its own Constitution to exercise
it. 1t cannot be exercised in any State,
except by the people in their highest SOW
erelgn capacity, when framing or amend
ing their State Constitution.
In like manner, it can only be exercised
by the people of the territory represented
in a convention of delegates for the purpose
of framing constitution, PREDATORY to ad-
mission as State into the Union. Then,
and 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 author
ity, and not Of subordinate territorial legis
lation. Were it otherwise, then indeed
would the equality of the states 10 the ter
ritories be destroyed, and the rights OF
property in slaves W ould depend, not upon
the guarantees of the Constitution, but up
on the shifting majorities Of an irresponsible
Legislature. Such doctrine, from its in
trinsic unsoundness, cannot long influence
| any portion of our people, much less can it
afford good reason for dissolution of the
Union. The most palpable violations Of
constitutional duty which have yet been
committed, consist in the acts of different
state legislatures to defeat the execution of
the Fugitive Slave Law.
1t ought to be remembered, however
| that for these acts neither Congress nor any
President can be justly held responsible
having been passed in violation of the Fed.
eral Constitution, they are therefore null
and void. All the courts, both state and
national, before whom the question has
| arisen, from the beginning declared the fu-
gitive slave law to be constitutional. The
single exception is that of state court o
Wisconsin, and this has not only been re-
versed by the proper appellate tribunal bu,
has met with such universal reprobatior
that there can be no danger from it as 9
precedent. The validity Of this law ha:
been established over and over again by the
Supreme Court Of the United States with
perfect unanimity. 1t is founded upon al
express provision of the Constitution, re.
quiring that fugitive slaves who escape from
service in one state to another shall be de-
livered up to their masters. Without this
provision, it is well known historical fact
that the Constitution itself could never have
been adopted by the convention. In one
form or another under the acts of 1898 OF
1856, both being substantially the same
the fugitive slave law has been the law Of
the land from the days OF Washington unit
the present moment. Here then, clear
case is presented in which it will be the du.
| ty of the next President, as it has been my
own, to act with vigor in executing this
supreme law against the conflicting enact
ments of state legislatures. Should be fai
in the performance of this high duty, he
will then have manifested disregard Of thu
Constitution and laws to the great injury
Of the people of nearly one half Of the state
OF the Union. But are we to presume il
advance that he will thus violate this duty
This would be at war with every principl,
of justice-of Christian charity. Let Vi
wait for the overt act. .a...