The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-01-04
inal settlement by the Supreme Court of

final settlement by the Supreme Court of
the United States of the question of sla-
very in the Territories, which had present.
ed an aspect so truly formidable at the
commencement of my administration. The
The right has heen established of every
citlzcn to take his property Of any kind.
including slaves, Into the common Terri
tories belonging equally to ell the States
OF the Confederacy, and to have it pro-
tected there under the Federal Constitu,
ton. Neither Congress nor territorial
legislature nor any human power has any
authority to annul or impair this vested
right. The supreme judicial tribunal OF
the country, which is a co ordinate branch
OF The Government. has sanctioned and
affirmed these principles of constitutional
law, SO manifestly just III themselves, and
so well calculated to promote peace and
harmony among the States. Itis stri-
king proof of the sense of jasiice which is
Inherent in our people, that the property
in slaves has never been disturbed. to my
knowledge, in any of the Territories. -
Even throughout the late troubles in Kan
sas there has not been any attempt, as l
am credibly informed, to interfere, in sim
gle instance. with the right of the matter,
Had any attempt beeu made, the judiciary
would doubtless have afforded an ade-
quate remedy. Should they fail to do
this hereafter, it will then be time enough
to strengthen their hands by further leg
is!ation. Had it been decided that either
Congress or the territorial legislature pos
sess the power to ennul or impair the
right to property in slaves, the evil would
be intole,able. In the latter event, there
would DC struggle for majority of the
members of the Legislature at each success
siye election, and the sacred rights of pro-
rerty held under the Federal Constitution
would depend for the time being on the
result The agitation would thus be rem
dered incessant whilst the territorial con-
dition remained, and its baneful influence
would keep alive a dangerous excitement
among the people of the several States.
Thus has the status OF Territory. du-
ring the intermediate period from its first
settlements until it shall become State,
been irrevocably fixed by the final decis-
ion of the Supreme Court. Fortunate
has this been for the prosperity of the
Territories, as well as the tranquility of
the States. Now, emigrants from the
North and the South, the East and the
West, will meet in the Territories on o
platform. having brought with
them that species of property best adapt
ed, 10 their own opinion, to promote
slavery question will in each case soon
settle itself; and before the Ter
ritory is prepared for admission as State
into the Union this decision one way OR
the other, will have been foregoue con-
cluson. Meanwhile the settlement
of the new Territory will pro-
ceed without serious Interruption. and its
progress and prosperity will not be en-
dangered or retarded by violent political
struggles
When in the progress ofeyents the in
habitants of any Territory shall have
reached the number required to form o
State, they will then proceed, in regula.
manner, aud in the exercise of the rights
of popular Sovereignty, to form constitu-
tion preparatory to admission into the
Union. After this has been done, to
employ the language of the Kansas and
Nebraska act, they "shall be received in,
to the Union with or without slavery, as
their constitution may prescribe at the
time of their admission" This sound
principle has happily been recognized, in
some form or other, by an almost unani-
NOUS vote of both houses of the last Con.
gress. s
All lawful means at my command have
beer employed, and shall continue to be
employed, to execute the laws against the
African slave trade. After most. care
full and rigorous examination of our coasts
and thorough investigation of the sub
ject, we have not been able to discover
that any slaves have been imported into
the u nited States except the cargo by the
Wanderer, numbering between three and
four hundred. Those engaged in this
unlawful enterprise have been vigorously
prosecuted; but not with as much success
as their crimes have deserved. A num-
Der of them are still under prosecu.
ton.
Our history proves that the Fathers Of
the Republic, in advance of all other ma
.ions, condemned the African slave-trade
1t was. Notwithstanding, deemed expedi
ent by the trainers of the Constitution tc
deprive Congress of the power to prohibi
"the migration or importation of such per
sons as any of the States now existing shal
think proper to admit" "prior to the yea
one thousand eight hundred and eight"
1t will be seen that this restriction OF
the power of Congress was confined t.
such States only as might think prope
to admit the importation of slaves. I
cid not extend TO other State
or to the trade carried on abroad
Accordingly, we find that SO nearly as tn
9od March. 1894. Congress passed an ac