, 1861-01-17

bllity exists Of the passage Of such an act by a
majority of both Houses, either in the present or
the next Congress- Surely, under these circum
stances, we ought to be restrained from present
action by the precept Of Him who sPake as
never man spake, Sufficient to the day is the
evil thereof" The day Of evil may never come,
unless we shall rashly bring it upon ourselves.
II is alleged rs one cause for immediate seces.
SON; that the Southern States are denied equal
rights with the other States in the common Ter
rtorics. But by what authority are these de-
MED? Not by Congress, which has never
passed, and believe never will pass, any act 10
exclude Slavery from these Territories; and Ger.
tainly not by the Supreme Court, which has sol
emniy decided that slaves are property, and, like
all other property, their owners have right to
take them into the common Territories, and ho'd
them there under the protection Of the Constitu-
ton.
So far, then, as Congress is concerned, this
objection is not to anything they have already
done, but to what they may do hereafter. 1t
| will surely be admitted that this Apprehension
Of future danger is not good reason for an imme-
date dissolution Of the Union. II is true, that
the Territorial Legislature Of Kansas, on the 23l
Of February, 1860, passed in great haste an act
over the veto Of the Governor, declaring that
slavery is and shall be forever prohibited that
Territory. Such an act, however, plainly vio
Constitution, will surely be declared void by the
judiciary whenever il shall be presented in L gal
form. Only three days after my inaugural o J.,
the Supreme Court Of the United Stat al
judged that this power did not exist in Tirri'
t,ral Legislature; yet such has been the fac.
tiOuS temper Of the times that the correctness Of
this decision has been extensively impugned be-
fore the people, and the question has given rise
TO angry political conflicts throughout the coun-
try. Those who have appealed from this judg-
ment Of our highest constitutional tribunal to
popuar assemblies would, il they could, invest
To r torial legislatures with power to annul the
sacrId rights Of property. This power Congress
i expressly forbidden BY the Federal COnstitu-
Ii N to exercise. Every State Legislature in
the Union is iOrb dden by its own Constitution
to eXeIciSe it. Il cannot be exercised in any
State except by the prople iI their high st SOW
ercign capacity, when framing or amen'i g their
State Constitution. In like manner it can only
be exercised by the people OI the Territory,
represented in a Convention Of delegates, for
tn, purl oSe Of framing a Constitution, repara-
tory to admission Ms a State into the Union.
Then and not until then, are they vested with
power u decide the question, whether slavery
sha J. Or shall not, exist within their limits
This is an act Of sovereign authority. and not OF
subordinate Territorial legislation for il; other
wise, th,n indeed would the equality Of the
States in the Territories be destroyed, and the
right Of property in slaves would depend, not
upon the guarantees Of the Constitution, but
upon the shifting najOrities Of an irrcspOnsi-
bll Territorial Legislature.
Suca doctrine from its intrinsic unsOund-
ness, cannOt long influence any portion Of our
people, much less can it afford a good reason
for u diss IlutiOn Of the Union The most pal
paGlI violations Of Constitutional duty which
have yet been committed, consist in the &c $ Of
diifrrci State Legislatures to defeat the execu'
lion Of the Fugitive Slave Law. IL ought to Dc
rcmenb sred, however, that for these acts neither
Congress nor any President can be justly held
responsible, having been passed in Vola'i N Of
the Federal Constitution. They are, therefore,
null aud void. Al the Courts, both State and
Ma NAL, b. ,fOse whom the question has arisen,
hav. frUin the beginning declared the Fugitive
) ave law to be Constitutional. The single eX-
caption Is that Of n STATE Court in Wisconsin,
and this has not only Lven reversed by the pro-
per appellate tribunal, but has init with such
universal reprobation, that there can be no dan.
ger from it, as u precedent The validity Of the
law has been established over aud over again
by the Supreme Court Of the United States,
with perfect unanmty. 1t is founded upon an
exI reSs provision oil the Constitution, requiring
that fugitive slaves, who escape from service in
one State to another, shall b. delivered up to
Ieir masters. Without this provision, i is a
well known historical fact that the Con ttution
itself could ntver have been adopted by the
Convention. - '.'
In one 70, m or another, under the acts Of 1898
or 1850, both bring substantially the same, the
, Fugitive Slave Law has been the law Of the land
from the days Of Washington until the present
moment Here the clear case is presented, in
which it will be the duty Of the mkt President,
Us il has been my ow d to act with vigOr in exc
cutting this supreme law against the conflicting
cHactmsnts Of State Legislatures; should he
fail in the performance Of this high duty, he will
I thcn have manifested disregard Of the Const
tuition and laws, to the great injury Of the peO
pie Of nearly one ! ali Of the States Of the
Union. But are VIC " presume in advance thai
he will thus violate his dutyI This would be at
war with every principle oil justice, or Christian
charity. Let us wait for the overt act. The
Fugitive Slave law has been carried into eXecu
ton in every contested case since the commence
nent Of the present Administration, though
Olten it is to BE- regretted, with great luss anl
| Inconvenience, and with considerable expense tO
the Cover m .nt Let us trust that the State
Legislatures will repeal their uncOnsttutiOna
, and obnoxious enactncnts; unless this shall bC
done. without unnC ccssary delay, it is impos ),
ble for any human power to save the Union.
The Southern States, standing on the basis
, Of n, Constitution, have right To demand this
, act Of Justice from the States Of the North
ShOul 1t be refused, then the Con Stitution, 10
which all the States are parties, will have been
wiliul'y violated by one portion Of them, in a
, provision esseI tai to the domestic security and
happiness Of the IemIiu'ler. In that event, the
iAjurcd Stats $, attCr having first used all peace
! fiIl aud constitutional means TO obtain redress,
would be justified il revolutionary resistance ID
the GOveInlncnl Of the Cnicn
have purpoS ly confined my remarks to rev
Outionary rrsstEncr, because il has bsen claimed
within the few past years, that any State, when
ever it shall beher sovereign will and PLEASURE