The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-12-07

1850, passed In great haste an act, over the
veto OF the Governor declaring that slavery
+" is, and shall be, forever prohibited in this
Territory" Such an act, however. plainly
violating the rights Of property secured by
the Constitution, will surely DO declared
void by the judiciary whenever 1t shall be
presented in legal form.
Only three years after my Inauguration,
the Suprcmc court of the United States sol.
EMMY adiudged that this power did not ex-
isl in a Territorial legislature. Yet such has
been the factions temper of the times, that
the correctness of this decision has been I'M
pugned extensively before the people, and
the question has given rise to angry political
conflicts thro'o the country. Those who
have appealed from this judgment OF our
highest constitutional tribunal to popular
assemblies would, If they could, invest a ter
ritorial legislature with power to annul the
sacred rights Of property. This power con.
grcss is expressly forbidden by the Federal
Constitution to exercise. Every State Leg
stature in the Union is forbidden by its own
Constitution TO exercise it. Ii cannot be
exercised in any State, except by thepeople IN
their highest sovereign capacity, when franz
ing or amending their state constitution. In
like manner, it can only be exercised by
people OF Territory represented in u con-
yention Of delegates for the purpose OF Fam
ing a Constitution preparatory to admission
as q state into the Union. Then. and not
till then, are they invested with power to
decide the question whether slavery shall OF
shall not be admitted within their limits,
This is an act OF sovereign authority, and mol
of subordinate territorial legislation. Were
il otherwise, then indeed would the equality
of the States in the Territories DO destroyed,
and right Of property in slaves, would depend
not upon the guarantees OF the Constltu'
ton, but upon the shifting majori,ies OF an
irreprcssible territorial legislature. Such
doctrine, from its intrinsic unsoundness
cannot long influence any considerable por'
ton of our people, much less can IL afford a
good reason for the 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 deiea,
the O. execution ofthe Fugitive Slave Law. IL ought
10 be remembered, however, that for these act'
neither Congress nor any President can Justly
be held responsible. Having been passed II
violation Of the federal constitution, they arc
therefore, null and void. All the courts, both
State and National, before whom the question
has arisen have from the be- inning declared thu
/ Fugitive Slave Law to be constitutional. Th'
single exception is that of the State court OF
Wisconsin, and this has not only been reversed
BY the proper appellate tribunal, but has me
with such universal reprobation that there car
be no danger from IL asa precedent. INT
validity of this law has been established oyel
and over again by the Supreme Court OF thu
United States with perfect immunity. IL Il
founded upon an express provision OF the con
stitution, requiring that fugitive slaves WI.
escape from service in one State to another shal
be sdeliyered up" to their masters. Withou
this provision il is well known historical fac,
that the constitution itself could never have
been adopted by the Convention. In one form
ar other under the acts of 1898 and 1880, boil
bling substantially the same, the Fugitive Sla''
Law has been the law of the land from the day
of Washington until the present moment. Here
then, n clear case is presented, in which II vii
be the duty Of the next President. rs 1t ha
been my own, To act with Nigor, in executing
this supreme law against the conflicting enact
ments ofState Legislatures: Should he isii u
the performance of this high duty, he will ther
have manifested disregard Of the constitution
and laws, TO the great injury Of the people o
nearly one-half Of the States Of the Union
But are we to presume in advance that he vii
thus violate his dutyI This would I've nj wal
with every principle OF justice aud Christian
charity. Let us wait for the overt act. Tit
Fugitive Slave Law has been carried into exc
cuiion in every contested case since the com
mencement Of the present administration
Though oftsn, Il 10 10 be regretted. with grea
loss and inconvenience to the master, ana wiz
considerable expense TO the government lie
i -. ,k.t tko State IaOislatures will rcDea
their unconstitutional and obnoxious enact
meuts. Unless this shall be done without un
necessary delay, tits impossible for any human
power to save the Union.
The Southern States, standing on the bash
| of the Constitution, have right to demand thu
act of Justice from the States OF the NORTH
Should il be refused, then the Constitution, u
which all the States are parties, will have beer
wilfully violated by one portion OF them IN
provision essential to the domestic security an'
happiness of the remainder. In that event TIT
injured States, after having first used all peace
full and constitutional means to obtain redress
would be justified in Evolutionary resistance
10 the Government Of the Union.
| Iba,e purposely confined my remarks 4
revolutionary resistance, because 1t had beef
claimed within the last few years, that an!
State, whenever this shall be its sovereign viii
and pleasure, may secede from the Union, II
accordance with the Constitution, and withou
any violation of the constitutional rights OF tn
ether members Of the confederacy. That a
each became parties TO the Union By the vote
its own people assembled in convention, 30 an!
one Of them may retire from the Union IN
similar manner by the vote VI such conyen
ton.
In order 10 Justify secession rs constitutions
remedy Il must be on the principle that TIL
federal Government Is q mere voluntary associa
ton oiStatss,to be dissolved Mt pleasure by an!
one of the contracting parties. III this be 30
the confeieracy is rOpe Of sand, to be pene
trated and dissolved by the first adverse wa'
uf public opinion in any OF the States. In tn
manner our thirty-three States may resolve
themselves into rs many petty, Earring an
hostile republics, each one retiring IRON th
Union, without responsibility, whenever an!
sudden excitement might impel them to such
course. BY this process Union might D
entirely broken into fragments in few weeks
which cost our forefathers many years OF toll
priyation and blood to establish. :,
Such principle is wholly inconsistent viii
the history as well as the character OF tb
feleral constitution. After It was framed, viii
the greatest delibreation and care, II was sub
mitted to conventions ofthe people ofthe seyera
States for ratification. Its provisions wer
discussed at length In these bodies, compose
Of the tirst men Of the country. Its opponent
contended that 1t conferred powers upon u
general government dangerous to the rights
the States, whilst its advocates maintained tina
under q fair construction OF the instrumen
there was no foundation for such apprehension
In this mighty struggle between the first In
tellects Of this or any other country, It neye
occurred to any individual. either among It
opponents or advocates, 20 assert or even to In
innate that their efforts were III vain labor
because the moment that any State felt hersel
arvrieyed she might secede from the Union
What crushing argument wouh TINS nav
rights of the States would be endangered b!
the constitution. The truth is, that It was no
until many years after the origin OF the fedora
government that such q proposition was mrs
sdyancel, IL was then met and refuted by tn
conclusive arguments, OF General jackson
who in his message Of 10th January: 1859
transmitting the nulliiying ordinance OF sontl
Carolina TO Congress, employs the following
language:-''Ther right OF the people OF sihgI
State TO sbsolye themselves at will, and nithou