Year: 1860

il afford good reason for dissolution OF
the Cnion. The most palpable violations
Of constitutional duty which have ye; been
committed consist in the acts of different
State Legislatures TO defeat the execution
of the Fugitive Slave law 1t ought 10 be
remembered, however, that fer these acts
neither Congress nor any President can be
justly held responsible, having been passed
in violation 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 beginning, declared the Fugitive
Slave law 10 be constitutional. The single
exception is that of State Court in Wis
corsin, and this has not only been reversed
by the proper appellate tribunal, but has
met with such universal reprobatiOn that
there can be no danger from it as prece-
dent. The validity OF this law has been
established over and over again by the Su-
preme Court Of the United States with per-
feet uDanimiiy. II is founded upon an ex-
press provision OF the Constitution, requir-
ing that fugitive slaves who escape from
service from one state into another shall be
delivered up 10 their masters. Without
this provision, it is well known histori-
cal fact that the Constitution itself could
never have been adopted BY The Conven-
tion. In one form or other 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 Washing
ton until the present moment.


Here, then, clear case is presented, in
which it will be The duty of the next Pres
ident, as ii has been my own, 10 act with
yiger in executing this supreme law against
the conflicting enactments Of State Lesisla-
lures. Should he lail in the performance
of this high duty, he will then have mani
tested 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 10 presume in advance that he
will thus violate his duty? This would be
at war with every principle OF justice-o of
Christian charity. Let US wait for the
overt act.


The Fugitive Slave law has been carried
into execution in every contested case since
the commencement of the present adminis-
tra,ion, though often, it is 10 be regretted,
with great 10th and inconvenience and with
considerable expense TO the Government
Let us trust that the State Legislatures
will repeal their unconstitutional and Oh
noxious ensctmsnts; unless this shall be
done without unnecessary delay il is impos-
sible for any human power TO save the u
Mon. The Southern States, standing on
the basis of the Constitution, have a right
10 demand this act of justice from the
States of the North. Should It be refused
them, the Constitution, 10 which all the
States are parties, will have been wilfully
violated by one portion Of them, in pro-
vision essential 10 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 resistance TO the Govern
lnent of the Union.


have purposely confined my remarks 10
revolutionary resistance, because 1t has
been claimed within the las, few years that
any Stale, whenever il shall be her soyer-
elen will and pleasure, may secede from the
Union in accordance with the Constitution,
and without any violation Of the constitu-
,ional rights OF the other members Of the
confederacy, that as each became parties 10
the Union by the vote of its own people as
sembled in convention, SO any one Of them
may retire from the Union in similar man
ner, by the vote of such Convention. In
order TO Justify secession as constitution
al remedy, il must be on the principal that
the Federal Government is mere volun-
tary association of States, 10 be dissolved
at pleasure by one Of the contracting par
ties. If this be SO, the coniederacy is
rope of sand, and TO be penetrated and dis
solved by the FIRST adverse wave Of public
opinion IN any Of the States.


In this manner our THIRTY three States
may resolve themselves into as many pet
ty jarring and hostile republics; each one
retiring from the Union without response
bllity, whenever any sudden excitement
might impel them 10 such course; by this
process Union might be entirely broken
into fragments in few weeks, which cost
our foreiathers many years Of toll, priyation
and blood to establish. Such principle
is wholly inconsisien with the history, as
it was formed with the greatest delibera-
tiOn and care, it was subm ttdd TO conven-
tions of the people of the several States for
ratification, its provisions were discussed
at length in these bodies composed of the
first men of the country. Its opponents
contended that it conferred power upon the
Federal government, dangerous to the
rights Of the States, whilst its advocates
that under fair construction Of
the instrument, there was no foundation for
such apprehensisH.


In that mighty struggle between the first
OF this or any other country. it
never occurred TO any individual, either a.
mong its opponents or advocates, 10 assert
or even To intimate that their efforts were
ell vain labor, because the moment that any
State felt herself agrgisved, she might Sc.
cede from the Union. What a crushing
argument would this have proved against
those who dreaded that the rights or the
States would be endangered by the Gen.
The truth is, that il was ne.
until many years after the srigin Of the