Year: 1860

mitted consist in the acts of different State
legislatures to defeat the execution of the
| fugitive slave law. 1t ought to be remem-
bered however, that for these acts, neither
Congress nor any President can Justly be
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 to be constitutional. The single ex-
! ception is that of State court in Wscon-
sin; 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 a prece-
dent. The validity of this law has been
established over and over again by tho
Supreme Court of the United States with
| perfect unanimity. II is founded upon an
| express provision of the Constitution, re-
quiring that fugitive slaves who escape
| from service in one State to another shall
| be delivered up to their masters.
Without this provision it is a we'll known
historical fact that the Constitution itself
, could never have been adopted by the Con-
vention. In one form or other under the
acts Of 1893 and 1850, both being SUBJ.
stantially 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 Pres
ident, as it has been my own, to act with
vigor in executing this supreme law against
the conflicting enactments of State legis-
latures. Should he fail in the perform
ance of this high duty he will then have
manifested a disregard of the Constitution
and laws, to the great injury of the people
of nearly one half of the people 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 prin-
ciple of justice and of Christian charity
Let us wait for the over act The fugitive
slave law has been carried into execution
in every contested case since the com


mencement of the present administration
though often it is to be regretted, with
great loss and inconvenience to the master
and with considerable expense to the gov


ornment. Let us trust that the State leg


islatures will repeal their unconstitutional


and obnoxious cnactmenls. Unless this
shall be done without unnecessary delay it
is impossible for any human power to save
the Union.


The Southern States, standing on the
basis of the Constitution, have right to
demand this act of Justice from the States
of the North. Should it be refused, then
the Constitution, to which all the States
are parties, will have been wilfully viola.
ted by one portion of them in provision
essential to the domestic security and hap
piness 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 revo-
lutionary resistance to the Government of


the Union.


L have purpose.y confined my remarks


10 revolutionary resistance, because it has


been claimed within the last few years that


anv State, whenever this shall be its SOW


ereign will and pleasure may secede from
the Union, in accordance with the Consii-
tuition, and without any violation of the


constitutional rights of the other members
of the Confederacy. That as each became


parties to the Union by the vote of its own


people assemble in Convention, so any one
of them may retire from the Union in a


similar manner by the vote of such a Con-
ven ton.


In order to justify secession as const-


tutonal remedy, it must be On the princi-


pie that the Federal Government is mere


voluntary association of States, to be dis


solved at pleasure by any one of the con-
tracing parties. If this be so the Confed.
eracy is rope of sand, to be penetrated
and dissolved by the first adverse wave of
public opinion in any of the States. In


this manner our thirty-thrce States may


resolve themselves into as many petty jar
ring and hostile republics, each one retir-
ing from the Union, without responsibility
whenever any sudden excitement might
impel them to such a course. BY this pro-
cess Union might be entirely broken into
fragments in few weeks, which cost our
forefathers many years of toll, privation
and blood to establish.


: 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, it was submitted to conventions OF
: the people of the several States for ratif-
, cation. Its provisions were discussed at
length in these bodies, composed Of the
7 first men of the country. Its opponents
contended that it conferred powers upon
the Federal Government dangerous to the
: rights of the States whilst its advocate:
, maintained that under fair construction
l of the instrument there was no foundation
for such apprehensions. In that mighty
. struggle between the first intellects of thi:
l or any other country, it pevcr occurred tc
= any individual, either among its opponents
or advocates, to assert, or even to intimate
that their efforts were all vain labor, be
cause the moment that any State felt her
: self aggrieved she might secede from thu
g Union.


~