Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1860-12-13


stituticn, PREDATORY 70 admission State into the Union
Then and not until then, they invested with power
to dcde the question whether slavery shall or shall not
This is act of sovereign au
thory, and not Of subordinate Territorial legislaon
Were II otherwise then indeed would the equality OF the
States in the Territories be destroyed and the rights OF
property in slaves would depend the guarantees
Of the Constitution, but upon the shifting maorities OF an
irresponsible territorial legislature Such doctrnc from
its intrinsic unsonnness, long influence or
tion Of people, much less can II afford good reason
for adssolntion of the Union The papable viola
tisns Unconstitutional nfy which yet been committed
consist in the Of different State Legislatures 70 defeat
the execution of the Fugitive Slave Law IL onas 70 oe
been bee rss1ei in violation sthe FEDERAL Constitution they
are therefore null and void All the Courts both State
and National befre whom the question has arisen, have
from the beginning declared the Fugitive Slave Law to De
in Wisconsin, and this has only reversed by the
proper appellate tribunal if has met with such universal
cccnt The validity of this law has been established over
by the Supreme Court OF the United Staes
with perfect unnninity 1t II founded upon an express
provision OF the Constitution requiring that Fugitive slaves
who escape from service in State to another shan pc
delivered up TO their masters. Without this provision
j. wcl-known historical fact that the Constitution scii
could never adopted by the Convention In one
another under the of 7Y or $780, both being
substantially the the Fugitive Slave Law has been
the law of the land from the days Of Washington 10 the
present Here then clear case il presented in
which 1t viii be the duty ofthc Prsident, has
my own, with vigor in executing this supreme
law against the conflicting enactmcnts Of State Lcgsa-
Should he fail in the performance of this high duty
and laws the great injury of the people of nearly
one-haf Of tle States Of the Union. But We to pre-
sune ayance that he will violate his duty? This would
at with every principle of juscc-of Christian
charity. Let wait for the overt act
" The Fugitive Slave Law has been carried in
to execution in every contested case since the COM
mencement of the present administration, though
oten it is be regretted, with great loss and in
convenience and with considerable expense TO the
Government Let trust that the State LeSis-
atures repeal their unconstitutional and obnoS
ious cnactments; unless this shall be done without
unnecessary delay, il is Impossible tor any human
power to save the Union. The Southern States,
standing on the basis of the Constitution, have
right to demand this act of justice from the States
of the North. Should ii be refused them, the
Constitution, to which all the states parties.
will have been wilfuily violated by one portion OF
them in provision essential to the domestic
itv and happiness OF the remainder. In that event
the injured States, after having first used all peace
ful and constitutional means to obtain redress,
would be justified inircvolutionary resistance TO
the government of the Union.
have purposely confined my remarks to rcvo-
tutionary resistance, because il has been claimed
within the last few years, tn ,tany State, whenever
IL shall be her sovereign will and pleasure, may
cede from the Union in accordance with the Con-
sttution, and without any violation of the consti-
tutonal rights of the other members of the CON
fcderacy; that rs each became pirtics TO the Uni
convention, so any one of them may retire from
the Union in similar manner, by the vote Of such
Convention In order to justify secession as n
constitutional remedy, it must be the principle
that the Federal Government is mere voluntary
association Estates, to be dissolved at pleasure by
one of the contracting parties. II this be so, the
confcderacy il rope OF sand, and to be separated
and dissolved by the first adverse wave of public
opinion in any ofthe States. In this manner our
thlItythree States may resolve themselves into as
msny petty, jarring and hostile republics. each one
retiring from the Union. without responsibility,
whenever any sudden excitement might impcl
them to such course; by this process a Union
might be entirely broken into fragments in few
weeks, which cost our fore fathers many years of
toll privation and blood to establish. Such a
principle is wholly inconsistent with the history
Asst was framed with the greatest deliberation
and care, il was submitted TO conventions of the
people of the several States for ratification It's pro-
visions were discussed at length in these bodies
composed of the first men OF the country. Its ep-
ponents contendcd that it conferred power upon
the Federal Government dangerous to the rights
of the States. whilst its advocates maintained that
under fair construction of the instrument, there
was no foundation for such anprehensons. In
that mighty struggle between the first intellects of
this or any other country, it occurred to any
individual, either among its opponents or advo-
catcs to assert to intimate that their efforts
we're all vain labor, because the moment that any
| State felt hcrsclfagricvcd she might secede from
the Union. What crushing argument would
this have proved against those who dreaded that the
/ rights uf the States would be endangered by the
| Constitution The truth is, thatit was not until
many wears after the origin of the Fcdcrel Gov
crnment, that such proposition was firstadvanccd.
Ii was then met and rcfnted by the conclusive ar
guments of General Jackson, who, in his message
ofthc 10th ofJanuary, 1893, transmitlingtle nui-
4 of frC
ploys the following language:z
"The right OF the people OF single State 10
absolve themselves at will, without the consent of
the other Statcs, from their most solemn o5liga
tions, hazards the liberty and happiness OF millions
composing this Union. and cannotbe acknowledged.
Such authority is believed to be utterly repug
nant, both to the principles upon which the Gener
al Government is constituted, and TO the objects
which it was expressly formed to attain It not
pretended that any clause in the Constitution gives
c0untenancc to such theory; 1t is altogether
/ founded upon inference. not from any language
contained in the instrument itself, but from the
sovereign character the several States by which
it was ratified; but is beyond the power ola State
like individual, to yield portion ofits soyer-
eign rights to secure the remainder" In the Ian
guage of Mr.. Madison, who has been called the
Father of the Constitution; it was formed by the
Statcs that isby the people in each Of the States
acting in their highest sovereign capacity, and
formed consequently by the same authority which
formed the State constitutions; nor is the gov
crnment OF the United States, created by the Con-
stution, less government, in the strictest sense
of the term, within the sphere of its powers than
the governments created by the Constitutions of
the States within their several sphercs~- 1t is
like them organized into Legislative, Executive
and Judiciary departments. Itoperates like them
directly persons and things, and like them, it has
command physical force for xecuting the pow,
ers committed to it; WIS intended to be perpetual
and not to be annulled at the pleasure Of any one
of the contracting parties Of the Confederation,
pcretual union between the Siatcs and by the 18th
article il is expressly declared that the articles OF
this Confederation shall be incvitsbly observed by
every State, and the Union thall be perpetuated-
The Preamble TO the Constitution of the United
Stfcs having expressed reference to the articles of
Confederation, which states it established in
order to form a more perfect union, does not in
cludc the essential attribute ofperpetuy; but that
the Union was designed to be perpetual, appears
concusirely from the nature and extent of the pow
ers conferred by the Constitution OF the Federal
Government These powers embrace the very
highest attributes OF national sovereignty. They
place both the sword aud purse under its control
Congress has the power to make war and to make
peace. and to raise and support armies and navies
and to conclude rrcaties with foreign governments
1t is invested with the power to coin money and to
regulate the value thereof, and to regulate commerce
with foreign nations, and among the several States.
is not necessary to enumerate the other hig
powers which have been conferred upon the Federal
Government In order to carry the enumerated
powers into effect. Congress possesses the exclusive
right TO Law and collect duties imports, and in