The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-04

resented IL convention OF delegates for the purpose of
framing constitution preparatory to admission as
State into the Union. Then, and not until then are
they invested with power to decide the question whether
slavery shall shall not exist within their limits Ihs
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 de-
sroyed and the rights of property in slaves would de-
pend not upon the guarantees of the Constitution but
upon the shifting maores of irresponsible territorial
Legislature. Such doctrine, from its intrinsic unsound-
ness cannot long influence any considerable portion of
our people, much less 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
fugtvesave Jaw 1t ought to be remembered however
that for these acts neither Congress any President
| can justly be held responsible Having been passed in
violation of the Federal Constitution they are therefore
null and void All the courts, both State and national
before whom the question has arisen have from the be-
ginning declared the fgtves slave law to be constitu-
tional. The single exception Is that of State court la
Wisconsin, and this has not only been reversed the
proper appellate tribunal but has met with such unver
sal reprobation that there be danger from it as
precedent The validity of this law has been established
and again by the Supreme Court of the United
States with perfect unanmity 1t is founded upon an ex
press provision of the Constitution requiring that fugitive
slaves who escape from service in one State to another
shall be delivered up to their masters Without this
provision it is weknown historical fact that the Con-
stution itself could never have been adopted by the Con-
and 1885, both being substantially the same the fugi
slave law has been the law of the land nom the DAYS
| of Washington until the present moment Here then
clear il presented In which il will be the duty OF
the next President, it has been my own to act with
vgor in executing this supreme law against the conflict
ing enactments Of State legislatures. Should he fail in
the performance of this high Guty, he will then have
manifested disregard OF the Constitution and laws to
the great injury of the people of nearly of the
States Of the Union. But to presume In advance
that he will thus violate his duty? This would be at
with every principle of Justice and of Christian char
ity Let walt for the overt The fugitive slave
law has been carried into execution in every contested
since the Of the present aministya-
ton though often it is be regretted with great los,
and Inconvenience to the master and with considerable
expense to the government Let that the State
Legislatures will repeal their unconstitutional and obnox
ious enactmcns Unless this shall be done without I'M
necessary delay, it is impossible for any human power to
save the Union
The Southern States standing the basis of tho Con-
sttuton have right to demand this Of justice from
the States of the North Should it be refused then thu
Constitution to which all the States parties Will have
teen wilfuy violated by portion Of them in pEoyi
sion essential to the domestic security and happiness of
the remainder In that event, the injured States after
having first used all peaceful and constitutional means
to obtain redress would be justified in revolutionary re-
sistance to the Government of the Union
have purposely confined my remarks to revolutionary
resistance because it has been claimed within the last
few years that any State, whenever this shall be lis Sow
eregu viii and pleasure may secele nom the Union in
accordance with the Constitution and without any VIOLA
ton of the constitutional rights of the other members of
the Confedsacy That as each became parties to the
Union by the vote of its people assembled in Oo~.
venton, any of them may retro from the Union
in a similar manner by the vote OF such convention
In order to Justify secession a constitutional remedy
it must be on the principle that the Federal Government
Is mere voluntary association Of States I've dissolved
at pleasure by of the contracting parties If
this be 3d. the Coneeracy is rope of sand to be pes
trated and dissolved by the first adverse wave Of public
| -
opinion IN any OF the States In this tbr-
tythree States may resolve themselves into as many
petty arring, and hostile republics each one retiring
from the Union without responsibility whenever sny
sudden excitement might impel them to such a course
~ this process Union might be entirely broken into
fragments in few weeks which cost our forefathers
many years of toll pivation and blood to establish
Such principle is wholly inconsistent with the histo
ry as well as the character of the Federal Constitution
After it was framed with the greatest deliberaon and
care, it submitted conventions of the pone of the
several States for ratification Ito provisions were dis
cussed at length in bodies, composed of f.
country. It's opponents oontended that it
conferred powers upon the Federal Governments danger
to the rights Of the States whilst its advocates main
tanned that under fair construction of the instrument
there was no foundation for such apprehenslons In
that mighty struggle between the first nellecs Of this
or any other country it occurred any Individual
either among it's opponents advocates to assert or
even to intimate, that their efforts were all vain labor
because the moment that any State felt herself
she might sscede from the Union. Whst crushing ar
dreaded that the rights of the States would be endan
gered by the Constitution The truth is that was not
until many after the origin of the Federal Govern
ment that such proposition first advanced 1t was
then met ana reuted by the conclusive arguments OF
General jackson, who in his message of 10th january
1888 transmitting the multiplying ordinance of South Car
DINA to Congress, employs the following language
line right OF the people of single State to asolve
themselves a. Will and without the consent of the other
States from their most solemn Obligations and hazard
the liberty and happiness of the millions compcng This
Union, cannot be acknowledged Such authority is be-
eved to be utterly repugnant both to the principles
upon "ncn the uenera Government is constituted and
to the objects which it expressly formed to attain
1t not pretended that any in the Constitution
gives countenance to such theory 1t is altogether
founded upon inference not from any language contained
in the instrument ITSELF but from the sovereign charac
ter of the severn states by which it was ratified Bt il
1t beyond the power OF State, like an individual to
yield portion of its sovereign rights to secure the re-
manderY In the Language of MIR. Madison, who has |
been called the father Of the Constitution 1t was |
formed by the States-tat H. by the peopls in each
the States acting in their highest sovereign CAPACITY
and formed consequently by the same authority which
formed the State constitutions $50
Nor Is the Government of the United States created
by the Constitution less Government In the strict
sense OF the term within the sphere of iA powers than
the governments created by the constitutions of the
States are, within their several spheres 1t is like them
organized INTO legislative executive, and judiciary de-
partments 1t operates like them directly on persons
and things; and, like them it has at command phrsi
cal force for executing the powers committed to 10
vas intended to be perpetual and not 10 be snnnI
led at the pleasure of any of the contracting parties
The old articles of confederation were entitled Arcles
OF Confederation and Perpetual Union between the
States and by the 18th article it is expressly declared
that articles of this Confederation shall be inyola
bly, observed by every State and the Union shall be per-
petual The preamble to the Constitution of the Uni
ted States having express reference to the articles of Con-
federation, recies that it established SIN order 10
iorn more perfect union And yet it is eontsnded
that that this nore perfect union does not include the
esssntia attribute of perpetuity st' @"-A '7'z-
But that the Union designed to be perpetual ap