Page 1 of 15 Dec 1860 Issue of Smethport M Kean Miner in Smethport, Pennsylvania

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Smethport M Kean Miner (Newspaper) - December 15, 1860, Smethport, PennsylvaniaEan sme Liport mean co., a. Sata Day dec. Flot to presidents message and hopi of the year since eur last meeting the country been Mel a silly in All its material interests. Hat been excellent our harvests have been abundant and plenty mile Shrouf boat the our Commerce and manufactures have been prosecuted with a nerdy surf in Totty have in led lure ample re Tilina. In Short non Ilio in the tide of time Ever pre.enfe.1 spectacle greater fru peril than we done until Wanh n very Rei ent Why i a then the it now Preva a and of a have Wanh the meter operate inner Perenc v the with the question in the soil Herh stale at produce us in u Al the1 differs action. Of tie Umo i be again Eich Tfir. Lime hat arrived Blue y probably never occur. In order to jus iry a resort to Volution try res nuance the Federal govern Mutt Cuilty of deliberate Pilpa in of ils Netrous exe Reite of not tooted by the late election however been Beld in with the a can the result justify a a Volution rpm Cin Titu Ion r Liton for Contti ution at wait for overt act on part of preside fat i. Remedy. J nid to the tempt to invade their constitutional rights Bui Are Tui apprehensions of contingent Dan Ger in Ibe future sufficient to the immediate destruction. Of the rubies system of government Ever devised by mortals from the. Very nature of bin office und its High responsibilities he must necessarily be Conyers. Alive. The. Duty of ering Tea vast find complicated concerns of this , in u a Ranty that be ill not attempt any 01 u Clear Consi Itu Onul . Alter he is no More than Ibe chief xer Olive officer of ii nut to make but to execute Trie Laws and it is a Remai Kuble fact in our history Mil withstanding the repeated Ellorin of the paily to act has Ever passed Congress we m a pos except Missouri coins Mise pupa Iii in in slightest be free Ibe Rinju of the in ugh to their properly in slaves. And it May be jul Gnik from present that to probability exists of the of such an act by o mainly of both houses either Iii the present the next con grew. Surely under thenecia Cumstay be we to be retrained from present action by the Precept of slim who spoke As never Man spoke Mi-1 sufficient unto the Day is the Evi the Day of evil May never Cima unless we shall rashly bring in Jiin ourselves it i alleged As one cause Lor immediate sece Mon Hitt the Southern slates Are Denie renal rights with Ibe other Stales in the com Annn but by what authority an these denied not by Congress which a never passed and 1 believe will pass any ammo exclude slavery from these Territo Ries Ami certainly not by the supreme Puri which has solemnly Deci Deil that slaves Are property and like other property their own ers have a right to take them into Ibe com Mon territories and bold them there wide the Protection of the Constitution. So far then As Congress is concerned in objection is not to an thing they have already done but to what they May Lio hereafter. I will surely that this apprehension of future danger is no Good reason for an immediate dissolution of the Union. It it True that the territorial legislature of Kansas on the 23j of february 1860, passed in Grea Baste an act Over the veto of the governor declaring that slavery is and shall be for Ever prohibited in this such an act however plainly violating the right of property secured by the Constitution will surely be declared void by the judiciary when Ever it tall be presented in a Legal lorm. Only three Days alter my inauguration the supreme court of the United is a Teg solemnly adjudged that Tia Power did not exist in a territorial legislature. Yet such Bat been the factious temper of the times i bit the Correct Ness of this derision has been extensively impugned before the people., and the question bos Given Rise to angry political conflicts through out the country. Those who have appealed irom ibis judgment of our highest constitutional tribunal to popular assemblies would if they in Vest a territorial legislature with Power to annul the sacred rights of prop erty. This Power Congress is expressly for Bidden by the Federal Constitution to exercise. Every state legislature in the Union it forbid Dej by its own Constitution to exercise it it cannot be exercised in any state except by the people in Ribeir highest Sovereign capacity when framing or amending their state Constitution. In like manner it can Only be exercised by the people of a territory represented in a convention of for the purpose of framing a Constitution preparatory to and. Mission a state into the Union. Then and not until then Are they invested with Power to decide the question whether slavery shall or shall Noi exist within their lir gits. This it an act of Sovereign authority and of subordinate territorial legislation. Were it other Wise Iti ii indeed would the equally of the Stales in the territories be destroyed and the Ripe Tsofi property in slaves would depend not upon Ibe guaranties of Constitution. But upon the Chili Iii majorities of Afline Puii tiber. Territorial Legisla ure. Such a Doe intrinsic cd not lung influence any portion of the. People Luuis h afford a goad Jeako Loi a Iliili Lubou of Union. V the most palpable of Constitution us duly us tick flaw i he ii Foier filled con. In the acts j of sent Levi natures to in Cleat the of the fug live slave Law. Illo be remembered however that Lor these oits neither nor any Juliy be Belt having been Paisini in viol in of the Federal they Are therefore null and void. Ail Hie both state and. National before whom the question has Arisen have Tom lbs beginning declared Ibe fugitive slave Law to be Conilio Lional. The single exception that of in Wisconsin and ibis Lias not Only been reverted by Ellale but Bat met with uni Vertat reprobation that there can be no Dan Ger from Ilas a precedent. The Validity hit Law teen and Over by the supreme court of the United slates with Perfer t unanimity. It is i funded upon in provision of the coh Stillion requiring limit fugitive escape irom service in one stale to k of up to their without provision it it it Well known historical fact that Seniti tuition itself could never have been adopted by convention in one form or other under Ibe of 1703 and 1830, both being the tame fugitive slave pm Law of he land irom of Washington until be pretend moment. Here then Clear Case in it will be the duty of next pret id it it Hail been my own act will in executing to preme Law if rut conflicting of should fail in of High duty will than wsjj., Tor is to sky if but vre Weso presume in Advance that he will thus violate Bis duly this would at War with every principle of Justice and of Christian Charity. Let Wiit Lor the overt act. Fugitive Law has been carried into execution in every contested ease since the commencement of the present administration though often it it to be regretted with great and to and with considerably expense to the government. Let us Trust Bat the state Legislatures will re peal their unconstitutional and obnoxious pm y the St lest thai is. By the people of each of the state., Ali ii in highest sover eign capacity and armed by he came authority Juch formed state a Tittio Bjor is government of the United created by i be Constitution less a in Meier in iese of the Lorra with n the few it than the govern created by the constitutions of the Are with their several spheres. It it like them organized into legislative exec and judiciary department. It operated like them i Lilly on and like at Comro Jimj a physical Force for executing the Toma listed to ii was intended to be my not to be annulled at the pleasure of any Neol he the old articles of confederation entitled of confederation we Union Between Tea Tod the 13ib article in is declared articles of Coo federation Bly vote Rcd by every Tontti Tutun of haying sex 01 conme ditto Fenn Mon Tonj the supreme Law of Ibe land and judg e s in every state shall be bound thereby in the Constitution or jaws of any state to the contrary notwithstanding the solemn Sanction of religion has been Ibe of official duly and senators and of the uni Ted Ell members of state Legislatures and All Culive and judicial both of United states and of the several Slat s be bound by oath or affirmation to Tup. Constitution. In order to carry into effect these Powers the Constitution has established a perfect government in All its forms legislative executive and judicial and this government to the extent of acts directly upon the individual citizens of every state and exe by the Agency of its own in ibis respect it differs entirely from the government under the old confederation which was confined to making requisition Stales in their Sovereign charac Ter bit left it in the discretion of each obey or to refuse and they often declined to comply with such it beco Owa necessary Ftp the purpose of removing Barrier and in order to form a More perfect to establish a govern ment which could act directly upon the peo ple and Laws without the in. Termed ate Agency of Ibe states. Has been Fly the Constitution of the United states. In Short the government created by the Coob dilution and deriving its authority from the Sovereign people of each of the several states has precisely same right to exer Cise Over the people of All these tales in the enumerates cases that each one of then possesses Over subjects not delegated to the United but reserved to the respectively or to to the extent of Powers the Constitution of the United it at much a part of the Constitution of each state and is As binding upon its people age though it had been text Joiy inserted therein. This government therefore is a great and powerful government invested with All the of sovereignty Over the special sub to which authority extends. Its never intended to Imp ant in us bosom the seeds of owl destruction nor were they lit creation guilty of the Absurdity i providing for own dissolution it was not intended by the Baw Jess fab Ric of a vision which u the touch of the enchanter vanish into thin air but a sub mighty capable of ing the slow decay of of relying the of tide id Weh May the of that that a government of Tuch High might Vio late reserved of the states and wisely did t hey adopt Ibe of a strict Coji of Powers prevent danger but they did not fear nor Jbf they any Rea son to Imojine that would Evgr be any state Erokwu aet and the consent of of Independence. But distinction Matt Ever be observed that is revolution an established government and not a voluntary secession from it by virtue of inherent constitutional right. In Short let Oil look the danger fairly in face. Secession neither More or than it May or May not be a justifiable revolution but still i it revolution. What in the meantime the responsibility and True position of the executive he is bound by a solemn oath before god and the country to take can that the Laws be faithfully and obligation be Carnot be absolved by any human Power. But what if the performance of this duty in whole or part has been rendered impracticable by events Over which be could have exer. Cited no control soc at the present is the Case throughout the state of South Carolina far As the Laws of the uni Ted to secure the administration of jus Tice by Means of the Federal judiciary Are concerned. All the Federal officers within its limits through whose Ogency alone these Laws can be carried into execution have already resigned. We no longer have a District judge a District Altouney or a marshal a South Carolina. In fact the whole machinery the Federal government necessary for the Distri t Ion of t and Wostl prok my considered by the party attacked As Tion of compacts by which it might be upon his Chaote was Nnandi Motril postponed never i presented. Soon the 8th june 1787, when incidentally adverting to the subject Alt government for the United Home Don the supposed practicability of Unsiog against the unconstitutional of the states prove aant m Lacious the f i deftly meaning the then exit tide Cosgren of the old without descending to parti Colart it Button of remedial Justice among the people Las been demolished and if would be difficult if not impossible to replace it. The Only of on the statute look bearing upon this subject Are those of he 2stb february 1795, and-3j March 1807. These authorize the president after that he shall have ascertained that the marshal his posse Comita is is unable to exe cute civil or criminal process in any Partica a Lorth the militia and employ be army and Navy to Aid them in Perl inning Bis service having first by proclamation commanded the insurgents to disperse and Al ire peaceably to their respective abodes within limited this duty cannot by Lou ability be performed in a state where be safely asserted that the Power to War against a state it at variance with the spirit and intent of the Constitution. Coppom such a War should result in the Conquest of a state Bow Are we to govern it t shall we bold it a province and govern it by despotic Power in nature of we could not by control the will of the people and compel them to eject Smi tors and to Congress adj tall the other depending. Their own volition and required from citizens of a free state a constituent authority exist to Issue process and Here there is no marshal to execute it and where even it there was to officer the entire population would constitute one solid 001 Init 1011 to resist hire. The Bare enumeration of these provisions proves How inadequate they Are without Urther legislation to overcome a United opposition in a single state not to speak of oth r Stales Jacbo May themselves in a i Nilar Altitude. Congress alone Power o decide whether the present Laws can or be a mended to As to carry oat More a actually the objects of tie Constitution. The same insuperable obstacles do not be in the Way of executing the for the collection of the customs. The Revenue still continues to be collected As heretofore at the custom House in Charleston and should the collector unfortunately resign a Turcea Sor May be appointed to perform duty. Then in regard to the property of the United states in South Carolina. This has been purchased for a fair equivalent by the consent of the legislature of for fhe erection of forts arsenals be. And Over these the authority exercise exclusive legislation hat been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United states from this property by Force but if in this i should prove to be mistaken the officer in command of the received to act strictly on the defensive. In such a contingency the responsibility for consequences would right fully rent on the beads of the assailants. Apart from the execution of the Laws so far As this May he practicable the executive has no authority to decide what shall be the Between the Federal government and South Carolina. Re been invested with no curb discretion. He posse Stet no Power Tot Bange the relations heretofore existing Between them much to Edge the Independence of that state. Would be to invest a Mere executive officer with the Power of recognizing the of the confederacy among our thirty three Sovereign states. It bears no resemblance to the recognition of a foreign

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