Year: 1860

AANAAAA NAp-N uA-HNAy Anf anu nANAA w AOl'


ever prohibited in this Territory" Such


an act however, plainly violating the


rights Of property secured by The Cousti


tuition, will surely be declared void by the


Judiciary whenever it shall be presented in


8 legal form.


Onlys few days after my Inauguration,


the Supreme Court Of the United States


sOlemnly adjudged that this power did not


exist in Territorial Legislature. Yet such


has been the faetious temper OF the times


that the correctness Of this decision has


been extensively impugned before the peO-


pie, and the question has given rise TO an


cry political conflicts throughout the coun.


try. Those who have appealed from this
judgment Of our highest constitutional tri-


bunal 10 popular assemblies would, if they


could, invest q Territorial Legislature with
power 10 aRRul The sacred rights OF prop
erty. This power Congress is expressly
forbidden by the Federal Constitution 10
exercise. Every State Legislature in the


Union is forbidden by It's own Constitution


TO exercise it. II cannot be exercised in
any State except by the people in their


highest sovereign capacity when framing
or amending their State Constitution. In
like manner, il can only be exercised by


people Of q Territory represented in a


Convention Of delegates for the purpose of


framing q Constitution preparatory 10
atlWissisB as q State into the Union. Then,
aud nOtuntil then, are they invested with
power to decide thequestiOn whether slave
~ shall or shall not exist within their
limits. This Is an act Of sovureign au-
thority and not Of subordinate Territorial
legislation. We're 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 guarantees of the Constitution, but
upon the shifting majorities Of an irrespon-
sible Territorial Legislature. Such doc
trine, from its intrinsic unsoundness, can
not long influence any considerable portion
Of our people, much less can it afford q
good reason for dissolution Of the Union


Tne mOsapalpable violations of Constitu-
tional duty which have yet bsen committed
consist in the different State Legislatures
to defeat the execution Of the Fugitive
Slave law. It ought to be remembered
however, that for these acts neither Con-
gress nor any President can justly be held
responsible. Having been passed in viola
tion Of the Federal Constitution, they are,
therefore, null and void. All the courts,
both State and National, before whom the
question has arisen, have from the begin
ming declared the Fugitive Slave Law 70 be
Constitutional The single exception is
that of State Court in Wisconsin, and this
has not only been reversed by the proper
appellate tribunal, but has met with such
TeprObation that there can be no
danger from It as precedent The valid
ity Of this law has been repeatedly estab-
Ished by the Supreme Court Of the . nited
States with perfect impunity. II is found
ed upon an express provision Of the Con-
sitution, requiring that fugitive slaves
who escape from service in one State to an
other shall be delivered up" to theirm mas
ters Without this provision il is q well
known historical fact that the Constitution
itself could never have been sdOpled by the
In one form or other under the
act Of 1898 aud 1850, both being substan-
TALLY the same, the Fugitive Slave law has
been the law Of the land from the days of
Washington until the present moment
Here, then, clear case is presented, in
which it will be the duty Of the next Presi
dent, as it has been my own, to act with
vigOr in executing this supreme law
against the conflicting enactments of State
Should he fail in the per-
iormsnos Of this duty he will then have
manifested disregard Of the Constitution
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 principle of
Justice and Of Christian charity. Let us
wait for the overt act. The Fugitive Slave
law has been carried into execution in ev-
cry contested case since tie commence
ment Of the present administration;
though often, it is to be regretted, with
great loss and inconvenience to the mas
ter, and with considerable expense to the
government Let as trust that the State
will repeal their unconstitu-
tiOnal and obnoxious enactments. Unless
this shall be done without unnecessary de-
lay, it is impossible for any human power
to save the Union.


The Southern States, standing on the ba-
sis of the constitution, have 8 right to de-
mand this act Of justice fIOm the States Of
the North. Should it refused, then the con-
to which all the States are parties,
will have been Eilfully violated by one
portion Of them in q provision essential
to the domestic security and happiness of
the remainder. In that event, the injured
States, after having first used all peaceful
and constitutional means to obtain redress,
would be justified in revolutionary resist
ance to the government Of the Union,


have purposely confined my remarks to
resistance, because it has
been claimed within the last few years that
any State, whenever this shall he its sover-
sign will and pleasure, may sscede from
the Union, in accordance with the Consti-
tuition, and without any violation Of the con
stitutiOnal rights of the other members of
the confederacy. That as each became par
ties TO the Union by the vote Of its own peo-
pie assembled in convention, so any one of
them may retire from the Union in a sini-
lar manner by the vote Of such convention.


In order to justify secession as a consti-
tutional remedy it must be on the principle
that the federal government is mere volun-
tsry association Of States, to be dissolved
at pleasure by any one Of the contracting
parties. If this be so, the eonfederacy is 8
rope Of sand, to be penetrated and dis.
solved by the first adverse wave of public
opinion in any Of the States. In this man
ner our thirty-three States may resolve
themselves into as many petty, jarring and
hostile republics, each one retiring from
the Union, without responsibility, when
ever any sudden excitement might imuel
them to such a course. By this process q
Union might be entirely broken into frag-
meDts in few weeks, which cost our fore
fathers many years Of toll, priEstion and
blood to establish. r-r 4.


Such principle is wholly inconsistent
with the history as well as the character Of
the federal constitution. After it was
framed, with the greatest deliberation and
care, il was submitted to conventions of
the people Of the several States for ratif-
cation. It's provisions were discussed at
length in these bodies, composed Of the
first men Of the country. It's opponentsoon-
tended that 1t conferred powers upon the
federal government dangerous 10 the rights
Of the States, whilst its advocates main
tained that under fair construction ofthe
inatrumeut there was M foundation for