The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-12-14
CHARDON, GEAUGA COUNTY OHIO FRIDAY DECEMBER A. 1860

lists OF the passage of such un act BY ma.
Jority OF both Houses, either in the present
or in the next Congress. Surely, under
these circumstances we ought TO bo re-
strained from present action by tho pre-
cept OF Him who spake as never man spoke,
tlut sufficient unto tho day is tho evil
thoroof" The day OF OWL may neyor come,
unless We shall rathly bring it upon our
solves.
1t is alleged os ono cause for immediate
secession, that tho Southern States are do
MED equal rights with the other States in
the common Territories. But by what au-
thority arc these denied Not by Congress
which has never passed, and believe never
will pass, any act to exclude slavery from
those Territories and certainly not by the
Supreme Court, which has soemnly decided
that slaves aro property, aud, like all other
property, their owners have q right 10 take
them into the common Territories. and hold
them there under the protection of the
Constitution.
So far. then, as Congress is concerned 'he
objection is not TO anything they hNTo al
ready dono. but to what thoy mpy do hero
aftor II will surely be admhtcd What tins
apprehension Of future danger is no good
reason for an immediate dissolution, OF tho
Union. 1t is true that tho Territorial Lrgis'
%inro of Kansas on hS 28h IN Sf act OVER the
veto of the Governor, declaring that slavery
sis, and shall be, forever prohibited ir this
Territory. Such un act, however, plainly
violating tho rights of property secured by
the Constitution. will surely be declared
void by the Judiciary whcnevor it shall be
presented in legal form.
Only few days uftcr my inauguration
tho Supreme Court of the United States
solemnIy udjudged that this power did not
exist in Territorial Legislature. Yot such
has been the sactious temper OF tho times
that tho correctness of this decision has
beon extensively impugued before tho peo-
pie, and tho question has given rise to angry
! political cot fl cts throughout tho country.
Those who have appealed from this juJg-
ment of our highest constitutional tribunal
10 popular assemblies would, if they could,
invest Territorial Legislature with power
to annul the sacred rights of property
| This power Congress is expressly forbidden
| by the Federal Constitution to exercise.
/ Every State Legislature in tho Uhion is
forbidden by its own Constitution to exer-
ciso it.. II canno. be exercised in any State
except by the people in their highest sover-
oen capacity when framing or Amending
their State Constitution. In ike manner, it
can only bc exercised by the people of Ter
ritory represented in Convention of dole
! gates for the purpose of framing II Constitu.
ton preparatory to admission us State
into the Union. Then, uud not until then
arc they invested with power TO decide the
question wbether slavery shall or shall not
exist within their limits. This is an act OF
sovereign authority and not Of subordinate
Territorial legislation. We're it Otherwise
then indeed would tho equality Of III,
States in tho Territories bo destroyed, ant
the rights Of property in slaves wo'd depend
not upon the guaran,cos of the Cons;itu
ton, but upon the shifting mnjoritics of al
irresponsible Territorial Logs lature. Sucl
u doctrue, from its intrinsic uusoundness
cannot long influence any considerable pOr
ton of our people, much lees can it sffort
a good reason tor dissolution of the Union
Tho most pal pablo violations of Consti
tu,iounl duty which havo.yet been commit
tod consist in Gc:s of different State bcgis'a q
lures to defeat the execution of tho Fugliy,
Slave law. II ought 10 be remembered
I however, that fur these acts neither Con
gress nor any President can justly be hell
responsible Having been passed in viola
tiun of tho Federal Constitution. they aru
therefore, null and void. All tho courts
both State and National, butore whom tn,
question has arisen. have from tho bsgiu
ming declared the Fugitive Slave law to bt
Constitutional Tho single exception is tha
of State Court in Wisconsin,. and this ha
not only boon reversed by tho proper appel
late tribunal but has met with such uniSer
sal rcprObation that there can DO no DANCE
from it as a precedent. Tho validity o
this law has been repeatedly established b,
tho Supreme Court of tho United State
with perfoc, impuuity. 1t ia founded upol
an express provision of tho Constitution, re
quiring that fugitive slaves who escape fron
, service in one State to another. shall be do
, liverod up" 10 their masters. Without thi
provision 1t is well known Historical fac
a that tho Constitution itself could never hav
beon adopted by tho Convention. In on
, form or other under the acts Of 1898 nnt
: $50, both boing substantially the same, tn
Fugitive Slave law wos tho law of the Liant
from tho days OF Washington until tho pres
ent moment. Here, then. n clear case i
n presented in which it will bo the duty O
; tho next Presidout, as il has been my own
to act with vigor in executing this suprom
law against tho conflicting cnactmon,s O
n State legislatures, Should he fail in tn
performance of this duty ho will thon hav
manifested disregard of tho Constitution
n and laws, to ,he great injury of tho pcopl
4 of nearly ono half of the States of tn
d Union. Blu! are we to presume in advanc
h that he will thus violate his duty: Thi
r would be at war with every principle of jus
y. tice and OF Christian charity. Let us wal
a for the overt act. The Fugitive Slave la'
;. has been carried into execution in ever
a contested case since tho commencement
!. oe tho present administration though offer
!. it is to be regretted, with great loss and in
convieuce to the master, and with consider
q able expense TO tho government. Let U
trust that tho State Legislatures will repe,
!, their unconstitutional and obnoxious enact
d nents. Unloss this shall be done witEou
!. unnecessary delay, it ia impossible for an
human power to save the Union.
The Southern States, standing on tn
4 basis of the constitution. have right to de-
i mand this act of justice frcm the States Z
Il the North. Should it be refused, then th
!. constitution to which all the States are pal
!. ties, will have been willfully violated by on
}. portion of them in a provision essential
y the domestic security and happiness of tn
i. remainder III that ovent, the injure
i States, after having first used all peacet'
Y and constitutional means to obtain redres
d would be justified in revolutionary resis