The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1860-12-05

slave law. 1t ought TO be remembered how
ever ina ior taese acts, neither Congress nor
| Having been passed ia violation O. the Fed.
| erai Consultation, they are therefore null and
| void. All the courts, both State ard nstio nal.
| before wacm the question has arisen have
! from the beginning declared the fu gitive slave
| law 10 10 constitutional. The single excsp-
| hon Is tnat OF q j ate court iu Wisconsin /:
ahd ms has not only been reversed by the
| proper appellate tribunal, but has met with
| such universal repro ba tion that there can he
| no Danger from IL as 4 precedent. The vaIidi-
/ ty Of this law has been established over aud
| over again by the Supreme Court OF the United
StAtes win perfect unanimity. 1t is founded
upon an express provision OF the Coustitu tion q
requiring that fugitive slaves W no escape f. ON
service IN one State to another shall be ''de-
! lIyered up'' to their masters Without this
| provision 1t IS weli-known historical fact
| that The Constitution itself could never have
| been adopted by the Conveu tion. In one form
| or other under The acts of 1873 and 1850, both
being 81 ubstan tally the same toe fugitive slave
law mas beea the law of the land from the day S
| at Washington uutii the present moroeut.-
| Here, theu, a clear case is prespt ted in which
| j. Wal be zoe duty OF the next President, rs 1t
has been nay own. 10 act with yigor in exc
| CutIt & his supreme law agaius. the conflict
| ing ehactIneuts ts OF State Legislatures. SoUuld
| M fan in The performance of this nign 0uIy
! lie wall then have mauIies ted a disregard OF
| the ConstItu lion and laws, to the great in Jury
| OF the people Of nearly one-hali of the SUt es
! OF the Union. But are we 70 presume ia ad
: vance that he Will thus violate his duty This
| would be al war with every principle of ius-
/ tce aud OF Christian charity. Let US wall
| Tor the overt act. The fugitive slave law has
| b en- carried into execution il every cuLt .stpd
case since the com 'neucemeGt of The present
administration Though often. 1t is 10 be re-
| GREETED, with great loss and incou Iience 10
| the master, and with considerable expense TO
| the Government Let US trust that the Slate
| Legislatures Will repeal their uucousItu-
| tIbHal and OBNOXIOUS tnac inehts. aless this
| shall be doue without unnecessary delay il is
| Impossible for any human power TO "a Ye the
| Union.
fhe Southern States, Standing on the basis
| OF the Constitution, have a rIgnt to demand
| this act OF justc- from the States Of tie y Jrth
! should II be refused, then the Constitution, 10
| "hich ali the States are parties, viii have
| been "ilifuily violated by one portion If them
| III provision essential ~ the dunes , secu.
| rlty aud happiness OF The remainder. Ia that
event. the injured States, afIer having first
| used all peaceful and cons titutionai means 70
OBTAIN redress, would he justified in revolu
| tloGary resistance 10 the Government of the
| Union.
| / have purposely confined my remarks to re-
| VolutIoLary resistance, bees use il has been
| claimed withIL the last few years that any
State, whenever this shall De its sovereign will
| and pleasure, may secede from the Union, in
accordance with the Constitution, and with
out any violation OF the constitutional rights
| OF the other members OF the Confederacy That
| as each became parties TO the Uuion by the
| vote OF It's own people assem- bled in Conyen-
|
| Union IN similar manner By the vote Cfsuch
| convention.
| In order 10 Justify secession as 4 constitu-
| uonal remedy, 1t must be on the principle that
the Federal Government IS q mere voluntary
| association OF States, to be dissolved At plea
sure by any one OF the ntracting parties Ii
this be so, the & n tederacy is a rope of sand TO
| be penetrated and dissolved by the first I'D
| verse wave OF public opinion in any of the
| States In this manner cur thirty three States
| may resolve themselves into as many petty
1trring, and hostile republics each one retiri NJ
from the UnIon, without res spousi sibility when
| ever any sudden excitement might impel them
| 10 such 4 course. BY this process a Union
| might be entirely broken into fragments in a
| few weeks, which cost our toretathers many
years OF toll, prlvation, and blood TO establish.
| Such 4 principle is wholly Inconsistent with
| the history as well rs the character of the
| Federal Constitution. After il was framed
| wt'h the greatest deiiberation and care it was
submitted 10 coHNeh ions OF lne people of the
| several States for ratification. Its provisions
| were discussed Al length III these bodies, COM :
| posed of the first IGeu d The country. It's op-
pUuents CUHtendeu that Is conferred nCVeFS
| upon Jhe Federal Government dangerous to
tne rights Of the States, whilst its advocates
| maintained that under Il far construction 0!
the instrument there was 10 foundation tor
such appreheHsiuns. In that mighty strug-
gle between the frs. in tellects ut this or any
other country, Il never occurred To any indI-
| Nldu1l, either amoug lis opponents or adyJ.
| Gates, 10 assert or even TO intimate that their
| efforts were all vain labor, because tne mo-
| mpnt that any State felt herself aggrie Ved she
| nigh, secede from The Union. What q crush.
| lug argument wound this nave proved against
those " no Dreaded that the rights UI the SLa ties
| would be endangered by the Constitution
| Th5 truth i, thai l. was not unui many years
| after the origin OF the Federal Government
| tha: such & proposition was first advanced -
| Ii was then a4I TSiIlie by the Conclusive
| arguments Of Gen. Jackson, who il his MES
| sage of 1b.h January, 1855, transmitting the
| nnllIfyn5 oIdinante OF soUtt Carolina -
/ Cong. ess employs the following iauguage -
| " lns right OF the people or q single state 70
| absuIge themselves at Will, and without the
| consent Of the other States, from their III
| solemn obligations and hazard the liberty and
| harplness OF the millions com posing this
| Union. cannot be cklOwledged Such au thor
| ity is believed TO be utterly rppugnRut b. Ia to
| The principles upon which the General Gov
ernment Is constituted and TO the objects
| which il was expressly formed 10 attain"
| II is not pretended that any clause in the
| Constitution gives c0unteuance TO such Il
| theory. 1t Is altogether founded upon infer.
| ence, not from any language ontalned in the
| ins rument itself, but from the sovereign
| character of the several States hv winch il
| was ratified. But Is it beyond The power CT d
: ate like an Individual, 10 yIeld portion oT
us sovereign rights 20 secure the remainder
| In the language OF Mr.. Madison, who has
been called he father OF The Constr uti1n Il I
was formed by he Ststes-IhaL Is, bs the p-u-
pie eacn OF the ) ates, acting IN their his n
| est sovereign Capacity and formed conse.
|
| tne State Constitutions"
| "Nor Is the Government Of the United States,
| crea cd by tue Constitute. less Govern
| ment IN the strict sense Of Inc Term, within
| tue sphere OF Its powers, than the govern
| ments created by the constitutions of the
| s ates are wlthin their several spheres. 1t Is,
| IKE them, organized lnlo legislative, earcu-
| tive, and judiciary depArt meats. 1t operates,
| ltEe them directly on pers JLs aud things; ahd,
| like them, IL has at c 'mmtnu Il ply ical io' ce
| for executing the powers committed 10 it,"
| Ii was III tended to be perpetual and not to
be annuIied at the pleasure OF any one Of the
contracting parties. The old arUcleS ef CON
federation were entitled " Articles OF Contede-
ration and Perpetual Union between The
States; )" aud Dy tue i3tn article II Is expressly
| declared that " the articles OF Lhls CJutedera-
ttou shalt be invioiabiy observed by every
State, and the Union shall be perpetual " The
| preamble 10 the CJnstltution OF the United
SAFES, having express reference 10 the art-
| cles of Conteuerauou, recIteS mat IL was es-
taeiished " in order to form a more perfect
| union.'' And yet it is contended that this
more perfect union' does not Include the es-
sentiai attribute of perpetuity.
| But that the Union was designed 10 be per-
petudl appears conclusiyely from the mature
| aud extent of the pnwers conferred by the
Constitution on the Federal Government
These powers embrace the very highest attri-
butes of national sovereignty. They place
| both the sword and the purse under its con-
troll. Congress has power 10 make war and 10
| make peace; 10 raise and support armies and
governments. 1t is invested with the power to
coin money and TO regulate the value thereof,
and 10 regulate commerce with foreign ma
| tions and among the several States. 1t Is not
necessary to enumerate the other high powers
which have been conferred upon the Federal
Government. In order to carry the enume-
rated powers into effect, Congress possesses
the exclusive right To lay aud collect duties
on imports, and ia common with the States to
lay and collect all other taxes.
But the Constitution has not only conferred
these high powers upon Congress, bat it has
adopted effectual means to restrain the States
ftom ia terfering With their exercise For that
purpose ii has, in strong prohibitory language,
arnrassly DECLARED that mo STATE shall en- Ter