Year: 1860

liable at the commencement of my adj
ministration. The right has been estab-
lished of every citizen to take his prop
erty of any kind, including slaves, into
the common Territories, belonging
equally to all the States of the Confed
eracy, and to have it protected there
under the Federal Constitution. Meth
er Congress nor territorial Legislature
nor any human power has any author
ity to annul or impair this vested right.
The supreme judicial tribunal of the
country, which is a coordinate branch
of the Government, has.sanctioned and
affirmed these principles of constitu-
tional law, so manifestly just in them
selves, and so we'll calculated to pro-
mote peace and harmony among the
States. 1t is striking proof of the
sense of justice which is inherent in
our people, that the property in slaves
has never been disturbed, to my knowl-
edge in any of the territories. Even
throughout the late troubles in Kansas
there has not been any attempt, rs /
am credibly informed, to interfere, in a
single instance, with the right of the
master. Had any such attempt been
made, the Judiciary would doubtless
have offered an adequate remedy.
Should they fail to do this hereafter, it
will then be time enough to strengthen
their hands by further legislation.
Had it been decided that either Con-
gress or the territorial Legislature pos
sess the power to annul or impair the
right to property in slaves, the evil
wonld be intolerable. In the latter
event, there would be struggle for a
majority of the members of the legis-
lature at each successive election, and
the sacred rights of property held un-
der the Federal Constitution would de-
pend for the time being on the result.
The agitation would thus be rendered
incessant whilst the territorial condition
remained, and its baneful influence
would keep alive a dangerous excite
ment among the people of the several
States.


Thus has the status Of Territory,
during the intermediate period from
its first settlement until it shall become
State, been irrevocably fixed by the
final decision of the Supreme Court
Fortunate has this been for the prosper
ity of the Territories, as well as the
tranquility of the States. Now, emil
grants from the North, the South, the
East and the West, will meet in the
Territories on a common platform,
having brought with them that species
of property best adopted, in their own
opinion, to promote their welfare.
From natural causes the slavery ques-
tion will in each case soon virtually set
tie itself; and before the Territory is
prepared for admission as State into
the Union, this decision, one way or
the other, will have been foregone
conclusion. Meanwhile the settlement
of the new Territories will proceed
without serious interruption, and its
progress and prosperity will not be en-
dangered or retarded by violent politi-
cal struggles.


When in the progress of events the
inhabitants of any Territory shall have
reached the number required to form
State, they will then proceed in a
regular manner, and in the exercise of
the rights of popular sovereignty, to
form Constitution preparatory to ad-
mission into the Union. After this has
been done, to employ the language of
the Kansas and Nebraska act, "they
shall be received into the Union with
or without slavery, as their constitution
may prescribe at the time of their ad-
mission.' This sound principle has
happily been recognized, in some form
OF other, by an almost unanimous vote
of both houses of the last Congress.


All lawful means at my comm and
have been employed, and shall contin-
ne to be employed, to execute the laws
against the African slave-trade. After
most careful and rigorous examina-
ton of our coasts and thorough in
vestigation of the subject, we have not
been able to discover that any slaves
have been imported into the United
States except the cargo by the
Wanderer, numbering between two
and three hundred. Those engaged in
this unlawful enterprise have been rig
orously prosecuted but not with as
much success as their crimes deserved
A number of them are still under prose
cution.


Our history proves that the fathers
of the Republic, in advance of all
other nations, condemned the African
trade. 1t was, Notwithstanding,
deemed expedient, by the trainers of
the Constitution, to deprive Congress
of the power to prohibit "the migra-
ton or importation Of such persons as
any of the States now existing shall
think proper to admit "prior to the
year one thousand eight hundred and
eight" aa


1t will be seen that this restriction
on the power of Congress was confined
to such States only as might think
proper to admit the importation OF
slaves. 1t did not extend to other


States orto the trade carried on aboard


Accordingly, we find that SO early as


the 22d March, 1894, Congress passed


an act imposing severe penalties and


punishments upon citizens and resi-


dents of the United States who should


engage in this trade between foreign


nations. The provision of this ac


were extended and enforced by the ac


of 10th may, 1900. 1oi