Year: 1860


crnor, declaring that slavery is and
shall be forever prohibited in this
Territory. Such an act, however,
plainly violating therights ofprop-
crty secured by the Constitution,
will surely be declared void by the
judiciary whenever it shall be pre-
sentcd in a legal form. Only
three days after my inauguration
the Supreme Court Of the United
States soIemnIy adjudged that this
power did not exist in Territorial
Legislature; yet such has been the
tactious temper of the times that
the correctness of this decision has
been extensively impungcd before
the people, and the question has
given rise to angry political con-
tlictS throughout the country
Those who have appealed from this
Judgment Of our highest Constitu-
tional tribunal to popular assem-
blics, would, if they could, invest
a Territorial Legislature with full
power to annul the sacred rights of
property. This power Congress
is expressly forbidden by the Fed
cral Constitution tocXercise; every
state Legislature in the Union is
forbidden by its own Constitution
to exercise it; it cannot be excrcis-
ed in any State except by the peo-
pie in their highest sovereign ca
pacity, when framing or amending
their. State Constitution. In like
manner it can only be exercised by
the people ofa Territory, represent
ed in a convention Of delegates for
the purpose Of framing a Constitu-
ton preparatory to admission as a
State into the Onion, then, and not
till then, are they invested with a
power to decide the question
whether slavery shall or shall not
exist within their limits. This is
an act of sovereign authority and
notof subordinate Territorial legis-
lation.


Were it otherwise, then. indeed.
would the equality of the states in
the Territories be destroyed, and
the rights OF property in slaves
would depend not upon the guar
antees Of the Constitution. but on
the shifting majoritics Of an ire
sponsible Territorial Legislature.
Such doctrine, from its instrin-
sic unsoundness, cannot long in
Hucnce any considerable portion of
our pcoplc-much less can it afford
a good reason for q dissolution of
the Union. The most palpable Vi
oIations of Constitutional duty
which have yet been committed
consist in the act of different state
Legislatures to defeat the eXecu-
ton of the Fugitive slave Law. 1t
ought to be remembered, however,
that for these acts neither Congress
nor any President can justly be
held responsible. Having been
passed in violation of the Federal
Constitution, they are, therefore,
null and void.


All thn Courts hoth Stotn ord
National, before whom the ques-
ton has arisen have, from the be-
ginning, decided the Fugitive slave
Law to be constitutional. The
single exception is that of State
Court in Winconsin, and this has
not only been reversed by the prop
cr appellate tribunal, but has met
with such universal reprobation
that there can be no danger from it
as precedent. The validity of
this law has been established over
and over again by the Supreme
Court Of the United States with
perfect unanimity. 1t is founded
upon an express provision of the
Constitution requiring that fugi-
tive slaves who escape from service
in one State to another shall be de-
Iivered up to their masters. With
out this provision it is u well
known fact that the Constitution
itself could never have been adopt
cd by the convention.


In one form or other, under the
acts of 1893 and 1850, both being
substantially the same, the Fugi-
tive slave Law has been the law of
the land from the days of Wash
ington until the presenttime. Here
a clear case is presented in which
it will be the duty Of the next
President, as it has been my own,
to act with vigor in executing this
supreme law against the conflicting
enactment Of state legislatures
Should he fail in the performance
of this high duty, he will then have
manifested disregard Of the Con-
stitution and laws, to the great in
jury Of the people of nearly one
half of the States of the Union
But are we to presume in advance
that he will thus violate his duty
This would be at war with e"erv
principle of justice and OF Cb"'
charity. let us wat .IsUlal
act" ..lor the "oyor
be Fugitive, sI4go Law ha


-" carried into execution in cvc