Year: 1860

including slaves, into the common Terri
tories belonging equally to ali the States
of the Confederacy, and to have it pro-
tested there under the Federal Constitu
ton. Neither Congress nor territorial
legislature nor any human power has any
authority to annul or impair this vested
right The supreme judicial tribunal OF
the country, which is coordinate branch
of the Government, has sanctioned and
affirmed these principles of constitutional
law, so maniiestly Just in themselves,
and so well calculated to promote peace
and harmony among the State. 1t is a
striking proof of the sense Of justice
which is inherent in our people that the
property in slaves has never been disturb
ed, to my knowledge, in any of the ter
ritories. Even throughout the late
troubles in Kansas there has not bee |
any attempt, as | am credibly informed,
to interfere, in sing instance, with the
right of the master. Had any such at
tempt been made, the judiciary would
doubtless have afforded an adequate
remedy. Should they fail to do this
hereafter, it will then be time enough to
strengthen their hands by further legis-
lation. Had it been decided that either
possess the power to annul or impair the
right to property in slaves, the evil would
be intolerable. In the latter event, there
would be struggle for ma jority of the
members of the Legislature at each sue
cessive election, and the sacred rights of
property held under the Federal Consti-
tuition would depend for the time being
on the result. The agitation would thus
be rendered incessant whilst the terrific.
rial condition remained, and its baneful
influence would keep alive dangerous
excitement among the people of the sew
eral States


Thus has the status Of Territory, dur
ing the intermediate period from its first
settlement until il shall become a State,
been irrevocably fixed by the final dcci-
sion of the Supreme Court. Fortunate
has this been for the prosperity of the
Territories, as well as the tranquility of
the States. Now, emigrantS from the
North and South, the East and the West,
will meet in the Territories on common
platform, having brought with them that
species of property best adapted, in their
own opinion, to promote their welfare
From natural causes the slavery question
will in each case soon virtually settle it.
SELF; and before the Territory is prepared
for admission as n state into the Union,
this decision, one way or the other, will
have been fGregone conclusion Mean
time, the settlement of the new Terrific
ry will proceed without serious interrup.
tion, and it progress and prosperity will
not be endangered or retarded by violent
political struggles.


When III the progress of events tie
inhabitants of any territory shall have
reached the number required 70 form a
State they will proceed, in regular
manner, and in the exercise of the rights
of popular sovereignty, to form q consti-
tuition preparatory TO admission into the
Union. After this has been done, to
employ the language Of the Kansas and
Nebraska act, they "shall be received in
to the Union with or without slavery as
their constitution may prescribe al the
time of their admission" This sound
principle has happily been recognized, in
some form or other, by an almost unani
nous vote of both houses of the last Con-
gress.


All lawful means at my command have
been employed, and shall continue to be
employed to execute the laws against the
African slavetrade. After most careful
and rigorous examination of our coasts
and thorough investigation of the sub
iccts, 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 three
and four hundred. Those engaged in this
unlawful enterprise have been vigorously
prosecuted; but not with as much success
as their crimes have deserved. 4 mum.
Der of them are still under prosecution.


Our history proves that the fathers of
the republic, in advance of all other ma
tions, CONDEMNED the African slave trade,
1t was, Notwithstanding, deemed expedi
ent by the trainers Of the constitution, to
deprive Congress of the power to prohibit
"the migration 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" ..


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. IL
did not extend to other States or the
trade carried on abroad. Accordingly
we find that so early rs the 22d Of March
l79i Congress passed an act imposing
severe penalties AMI punishments upon
citizens and residents of the United
States who should engage in this trade
between foreign nations. The provision,
of this act were extended and enforced
by the act Of 10th May, 1900. .ii


Again: The states themselves had a
clear right to waive the constitutional
privilege intended for their benefit, and
to prohibit, by their own laws, this trade
at any time they think proper previous
to 1908. Several of them exercised this
right before that period, and among their
some containing the greatest number O
slaves. This gave 10 Congress the i'm
mediate power to act in reference to al
such states, because they themselves hat