Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1860-12-14


but TO what they may do hereafter. 1t viii surely
be admitted that this apprehension of future dan
ger is no good reason for an immediate dissolution
of the Union. 1t is trne that the territorial legs
lature Of Kansas, on the 23d of February, 1860,
passed in great haste an act, over the veto of the
governor, declaring that slavery sis and shall be,
forever prohibited in this Territory" Such an
act however, plainly violating the rights of prop
erty secured by the Constitution, will surely be de-
clared void by the Judiciary whenever it shall be
presented in legal form.
Only three days after my Inauguration the Su-
preme Court of the United States solemnly adjudged
that this power did not exist in territorial egisa-
ture. Yet such has been the factious temper of
the times that be correctness of this decision has
been extensively lmpugued before the people, ana
the question has given rise TO angry political con-
fiict throughout the country. Those who have APP
peaied from this Judgment of our highest constitu
.onal tribunal to popular assemblies would. il they
could, invest territorial legislature with power to
aanul the sacred rights of property. This power
Congress is expressly forbidden by tis Federal
Constitution to exercise. Every State legislature
in the Union is forbidden by its own constitution
10 exercise 1t. e cannot be exercised in any Stete
except by the people in their highest sovereign
capacity when framing amending their State
constitution. In like manner, it can only be ex-
ereised by tAe people of Territory represented In
convention of delegates for the purpose Of franz
ing a constitution preparatory to admission as a
State into the Union. Then, and not until then,
they invested with power to decide the question
whether slavery shall shall not exist within their
limits. This is an act of sovereign authority,
and not of subordinate territorial legislation -
| Were it otherwise, 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 of irresponsible territorial
1 legislature Such doctrines from It's intrinsic
| soundaess cannot long influence any considerable
/ portion of our people, mach less can it afford a
I nOo far of fha ny
| The most palpable violations of constitutional
\ duty which have yet been committed consist in the
acts of different State legislatures to defeat the
ecation of the fugitive slave law. Ii ought TO be
| remembered, however, that for these acts, neither
| Congress any President can Justly be held fe-
sponsibe. Having teen passed in violation Of the
Federal Constitution, they are therefore null and
| void. All tine courts, both State and National,
before who the question has arisen, hayefron the
SegfEsas declared fugitive sasA law to
stitutional. The single exception is tnat of State
! court in Wisconsin and this has not only been
reversed by the proper appellate tribunal, but has
met with such universal reprobation that there can
/ he no danger from it as precedent The validity
of this law has been established over and again
1 by the Supreme Court of the United States with
I perfect unanimity. 1t is founded upon an express
provision Of the Constitution requiring that fug-
tive slaves who escape from service in one State to
another shall be delivered up'' TO their masters
Without this provls IL is weI-knoHn historical
fact that the Constitution itself coull never have
been adopted by the Convention. La one form or
other under the acts of 1898 and 1850, beth being
substantially the same, the fugitive slave law has
been the law of the land from the DAYS of Wash-
ington until the present moment. Here, then, a
clear case is presented, in which it will be the duty
+ of the next President, as it has been my own to
act with Eigor in executing this supreme aw against
the conflicting enactments Of State legislatures
Should he fail III the performances of this high duty
he will then have manifested a disregard of the
Constitution and laws, to the great injury of the
people of nearly onehalf the States of the Union.
But We to presume in advance that he will thus
violate his duty7 This would be at war with every
principle OF justice and Of Christian charity. Let
Us wait for the overt act. The fugitive-slave law
has been carried into execution in every contested
1 case since the commencement of the present ad
mini stration, though often, il is to be regretted,
with great loss and Inconvenience to the master,
and with considerable expense TO the government.
Let us trust that the State legislatures will repeal
their unconstitutional and obnoxious enactments.-
Unless this shah be done without unnecessary de-
lay, it is impossible for any human power to save
| the Union.
The Southern States, standing on the basis
OF the Constitution, have a right 80 demand this
act Of justice from the States of the North
] Should it be refused then the Constitution, to
which all the States are parties, will have been
willfuliy violated by one portion of them in a
provision essential to the domestic security and
happiness of the remainder. 10 that event the
injured States, after having frst used all peace.
full and constitutional means to obtain redress
would be Justified in revolutionary resistance e
tue Government OF the Union.
| have purposely confined my remarks to rev.
oiutlonary resistance, because ii has been claim,
| ed within the last two years that any State
whenever this shall be lis sovereign will and
pleasure, may secede FROM the Union, in accord
ance with the Constitution, aud without AMI
violation ef the constitutional rights Of the oth
er members OF the Confederacy. That as eaei
became parties 10 the Union by the vote Of it
own people assembled in Conse0tion, so an,
} Que of them may retire from the Union in
similar manner by the vote OF such conven
ton.
}, 10 order to justify secession as eonsiitu
tional remedy, II must be on the principle tha
the federal Government is mere voluntary as
sociatiou Of States, TO be dissolved at pleasur,
by any Que of the contracting parties. If thi
be so, the Confederacy is a rope of sand, to b.
! penetrated and dissolved by the first advers
wave OF public opinion in any of the States
In this manner our thirty -three States may re
solve themselves into ms many petty, jarring
and hostile republics, each one retiring frou
t1e Unfohs Wlthout Iespuusioililys whenever al.
sudden exeitemeu. might impel them to such
course. By this process Union might be en-
tireIy broken into fragments in y few weeks
which cost our forefathers many years of tod
privation, and blood to establish.
Such principle is wholly Inconsistent wit
the history az well as the character of the Fed
/ eral Constitution. After il was framed, wit
the greatest deliberation aud care, il was sub
united to conventions of the people of the seVe
!. raj States for ratification Its provisions wer
, discussed ~ length 10 these bodies, compose'