Year: 1860

VIC 6p6dttu euUFtS OF the QLi-SiaVefY
party, no single act has ever passed Con-
gress, unless We may possibly except the


Missouri Compromise, impairing in the
slightest degree the rights Of the South to
their property in slaves. And it may also


be observed, Judging from present indi-
cations, that no probability exists of the
passage of such an act by majority of


both Houses either in the present or 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 spoke, that, sufficient
unto the day is the evil thereof" The
day of evil may never come unless we
shall rashly bring it upon ourselves. 1t
is alleged as one cause for immediate seces-
sion that the Southern States are denied
equal rights with the other States in the
common territories. But by what author
ity are these denied? Mt by Congress,


which has never passed, and l believe
never will pass, any act to exclude slave
ry from these territories ; and certainly
not by the Supreme Court which has
solemnIy decided that slaves are property,
and, like all other property, the owners
have right to take them into the common
territories and hold them there under the
protection of the Constitution. So far
then as Congress is concerned, the OBJ
/ lection is not to anything they have al
ready done, but to what they may do
hereafter. twill surely be admitted that
this apprehension OF future danger is no
good reason for an immediate dissolution
Of the Union.


Itis true that the Territorial Legislature
of Kansas, on the 23d Of February, 1850.
passed in great haste an act over the veto
Of the Cover nor, declaring that slavery is,
and shall be forever prohibited in the ter
ritory Such an act, however, plainly vio-
lating the rights of property secured by
the Constitution, will surely be declared
void by the judiciary whenever it shall
be presented in legal form. Only three
days after my Inauguration, the Supreme
Court of the United States soIemnly ad
Judged that this power didt not exls in Il
Territorial Legislature. Yet such has
been the factious temper of the times,
that the correctness of this decision has
been extensively impugned before the
people, and the question has given rise to
angry political conflict throughout the
country. Those who have appealed from
this Judgment of our highest c. nstitu-
tional tribunal to popular assemblies,
would, if they could, invest Territorial
Legislatures with power to annul the
sacred rights of property. This power
Congress is expressly forbidden by tie
Federal G institution to exercise, Every
State legislature in the Union is forbidden
by its own Constitution TO exercise it. 1t
cannot be exercised in any Stale, except
by the people in their highest sovereign
capacity. when framing or amending their
State Constitution. In like manner, it
can ouly be exercised by the people of
the Territory represented in convention
of delegates for the purpose Of framing
constitution, preparatory to admission as
State into Union. Then, sad not until
then, are they invested with power to de-


eide the question neither slavery shall or
shall not exist within their limits. This
is an act of sovereign authority, and
not of subordinate territorial legislation.
Were it otherwise, then indeed would the
| equality of tie States in the Territories be
destroyed, and the rights of property in
slaves would depend not upon the guar
antees of the Constitution, but upon the
shifting maiorities of an irresponsible ter
ritoriai legislature. Such doctrine, from
its intrinsic unsoundness, cannot long in


fuence any portion of our people, much
less can it afford good reason for dis
solution Of the Union. The most palpable
violations of the constitutional duty which
| have yet been committed consist in the
acts of different State LeEslatures to de-
/ feat the execution of the Fugitive Slave
Law. l. ought to be remembered, how
ever, that for these acts neither Congress
nor any President can be justly held re-
sponsible; having been passed in violation
/ OF the Federal Constitution, they are there


fore null and void, All the Courts, both
State and National, before whom the ques-
/ ton has arisen, have from the beginning
declared the Fugitive Slave Law to be
constitutional The single exception is
that of State Court in Wisconsin. and
tiis has not ouly been reversed by the
proper appellate tribunal but has met with
such universal reprobation that there can
be 10 danger from it as a precedent. The
validity of this law has been established
over and over again by the Supreme Court
of the United States with perfect una
nimitv. 1t is founded upon an express
provision of the Constitution, requiring
that fugitive slaves who escape from SER
vice in one State to another, shall be de-
! livered up to their masters. Without this
provision, it is a well known historical fact
/ that the Constitution itself could never
have been adopted by the Convention. In
one form or another under the acts of
1898 or 1850, both being substantially
the same, the Fugitive Slave Law has
! been the law of the land from the DAYS
of Washington to the present moment


Here. then, clear case is presented in
which 1t 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 enactments of State
/ Legislatures Should he fail il the per-
formance of this high duty, he will then
have manifested a disregard of the Con-
stitution and laws, to the great injury 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 every nrin