Year: 1860

VOL. 24--NO. "a. {
has solemnly decided that slaves are proper
ty, and, like all other property, their 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
objection is not to anything they have al
ready done, but to what they NAV do here
after. 1t will surely be admitted that this
apprehension of future danger is no good
reason for immediate dissolution of the
Union. 1t is true that the territorial legisla-
ture of Kansas, on the 22d of February,
1860, passed in great haste an act over the
veto of the governor, declaring that slavery
us, and shall be, forever prohibited in this
territory" Such an act, however, plainly
violating the rights of property secured by
the constitution, will surely be declared void
by the Judiciary whenever it shall be preser-
ted in a legal form. Only three days after
my Inauguration the supreme court of the


United States solemnly adjudged that this
power did not exist in territorial legisla-
ture. Yet such has been the factious temper
of the times that the correctness of this
decision has been extensively impugned be-


fore the people, ard the question mas given


rise to angry political conflicts throughout


the country. Those who have appealed from


this judgment of our highest constitutional


tribunal to popular assemblies would, if they


could invest territorial legislature with


power to annul the sacred rights of proper


ty. This power Congress is expressly for


hidden by the federal constitution to exer


cisc Every state Legislature in the Union is


forbidden by its own constitution to exercise


it. 1t cannot be exercised in any state ex-


cept by the people in their highest sovereign


capacity when framing or amending their


state constitution. In like manner, it can


only be exercised by the people Of a terrific


ry represented in convention of delegates


for the purpose of framing a constitution


preparatory to admission as a state into the


Union. Then, and not till then, are they in


vested with power to decide the question


whether slavery shall or shall not exist with


in their limits. This is an act of sovereign


authority, and not of subordinate territorial


legislation. Were it otherwise, then, indeed


would the equality of the states in the ter


ritories be destroyed. and the rights of pro-


perty in slaves would depend. not upon the


the guarantees Of the constitution. but upon


the shifting majorities of an irresponsible


territorial legislature. Such doctrine, from


intrinsic unsoundness, cannot long Influence


any considerable portion of our people. much


less can it afford Il good reason for dissolu-


ton Of the Union.


The most papable violations of constit,'-
tional duty which have vet been committed


consist in the acts of different state legi,la-


lures to defeat the execution Of the fugitive


slave law. 1t ought to be remembered. how


ever. that for those acts neither Congress


nor any presiden, can justly be held rcspon-


sible. Having been passe': 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 fugi-


tive slave law to be constitutional. The sin


gle exception is that of state court in Wis


consin 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 precedent
The validity of this law has been established


over and over again by the supreme court OF
the United States with perfect unanmity. II
] is founded upon an express provision of the
constitution, requiring that fugitive slave:


who escape from service in one state to an
other shall be "delivered up to their mas
ters Without this provision it a well knowr
5 historical fact that the constitution itse
: could never have been adopted by the con
. vention. In one form or other under The
: acts of 1893 and 1850, both being substan
> TALLY the same, the fugitive slave law has
: been the law of the land from the days O
: Washington until the present time.


Here, then. clear case is presented, IL
J which it will be the duty Of the next presi
Or in executing this supreme law against the
:, conflicting enactments of state legislatures
Should he fail in the performance of this
high duty, he will then have manifested ;
S disregard of the constitution and laws, to tn,
. great injury of the people of one-half of tn,
l states of the Union. But are we to presum,


in advance that he will thus violate his duty
: This would be at war with every principle o
e Justice and of Christian charity. Let us wal
e for the overt act. The fugitive slave law ha
been carried into execution in every contest
4 ed case since the commencement Of the pres
i ent administration though often. it is to b.
t regretted, with great loss and inconvenienc
y to the master, and with considerable expens
a to the government. Let US trust that tn
Il state legislatures will repeal their uncons'i
:, tutiona and obnoxious enactments. Cnles
S this shall be done without unnecessary delay
c it is impossible for any human power to saw
d the Union.


: The southern states, standing on the basi
a of the constitution, have right to deman
; this act of justice from the states of tn
!, North. Should it be refused, then the con
It stitu,ion, to which all the states are parties
i will have been willfuly violated by one pol
=. ton of them in a provision essential to tn
'f domestic security and happiness of the IT
% mainder. In that event the injured state:
IL after having first used all peaceful and cor
$ stitutional means to obtain redress. would b
It justified in revolutionary resistance to tn
e government of the Union.


n l have purposely confined my remarks
:: revolutionary resistance, because it has bee
IS claimed within the last few years that an
'e state, whenever this shall be its sovereig
r will and pleasure. may secede from the Unio
is in accordance with the constitution. and witt
at out any violation of the constitutional right
lr of the other members of the contederac,
re That as each became parties to the Unio
v by the vote Of its own people assembled
1t convention, so any one Of them may retil
le from tie Union in similar manner by tn