Year: 1860




observed, judging from present indications,
that no probability exists of the passage of
such an act, by a majority Of both Houses, Ell
ther in the present or the next Congress-
Surely, under these circumstances, we ought
to be restrained from present action by the
precept of Him who spake never man spoke,
that Sufficient unto the day is the evil there
Of" The day of evil may never come, unless
we shall rashly bring it upon ourselves.


1t is alleged as one cause for immediate Sc
cession, that the Southern States are denied
equal rights with the other States in the COM
mon Territories. But by what authority are
these denied Not by Congress, which has
never passed, and I believe never will pass,
any act to exclude slavery from these Terrific
ries; and certainly not by the Supreme Court,
which has selcmnly decided that slaves are
property, and, ike all other property, their
,ewnersThave right to take them into the
common Territeries, and hold them there un-
der the protection of the Constitution.


So far, then, as. Congress is concerned, the
obj sction is not to anything they have already
done, but to what they may do hereafter. 1t
will surely be admitted that this apprehension
of future danger is no good reason for an i'm
mediate dissolution of the Union. 1t is true
that the Territorial Legislature of Kansas on the
23d of February, 1860, passed in great haste
an act, over the veto of the Governor, declaring
that slavery "is; and shall be, forever prohibit
ed in this Territory" Such an act, however,
plainly violatin the rieh hts of property secured
by the Constitution, will surely be declared
void by the Judiciary whenever it shall be pre-
sented in legal form.


Only few days after my Inauguration, the
Supreme Court of the United States solemnly
adjudged that this power did not exist in
Territorial Legislature Yet such has been
the factious temper of the times that the cor
rcctness of this decision has been extensively
impugned before the people, and the question
has given rise to angry political conflicts
throughout the country Those who have APP
pcalcd from this Judgment of our highest con-
stitutional tribunal to popular assemblies would,
if they could, invest Territorial Legislature
with power to annual the sacred rights oG
property. This poxer Congress Is expressly
forbidden by the federal Constitution to exer-
else. Every State Legislature in the Union is
forbidden by its own Constitution to exercise
it. 1t cannot be exercised in any State except
by the people in their highest sovereign capaci-
ty when framing or amending their State Con
s:itution. In like manner, it can only be ex
ercised by people of Territory represented
in Convention of delegates for the purpose
Of framing Constitution preparatory to ad-
mission State into the Union Then, and
not until then, are they invested with power
to decide the question whether slavey shall or
shall not exist within their limits This is an
act of sovereign authority and not of subor-
dinate Territorial legislation. Were it other
wise, then indeed would the equality of the
States in the Territories be destroyed, and the
rig hts of property in slaves would depend, not
upon the guarantees of thc Constitution, but
upon the shifting majorities Of an irresponsi
Bile Tcrritorial Legislature. Such doctrine,
from its intrinsic unsoundness, cannot long in
fuence any considerable portion Of our people,
much less can it afford good reason for dis
| solution of the Union.


The most palpable violation of Constitution
ton;l duty which have yet been committed
consists in the different State Legislatures to
dofeat the execution of the Fugitive Slave law


1t ought to be remembered, however, that
1 for these acts neither Congress nor any Prcsi-
| dent can justly be held responsible. Having
| been passed in violation of the Federal Con


stitution, 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 tC


be Constitutional The single exception il


that of State Court in Wisconsin, and this


has not only been reversed by the proper ap


pellate tribunal, but has met with such univer


sal reprobation that there can be no dangel
from it as president. The validity Of th
law mas Decn repeatedly eSlaLllSncu ny tIlS
! Supreme Court of the United States with per


feet impunity. 1t is founded upon an express


provision of the Constitution, requiring tina
; fugitive slaves who escape from service in on


State to another, shall be "deivered up" t.


their masters. Without this provision it is


we'll known historical fact that the Censttu


ton itself could naver have been adopted b,


the Convention. In one form other unde


the act of 1893 and 1850, both being sub


stantialy the same, the Fugitive Slave Law


has been the law ef the land from tn


days of Washington until the present moment


Here, then, clear case is presented in whcl


it will be the duty of the next President, as


h; S been my own, to act with vigor in execut


irg this supreme law against the confic:in,


enactments of State legislatures. Should b


fail in the performance of this duty he vii


then have manifested disregard of the Con


stituton and laws; to the great injury of tn


people of nearly half of the States of tn


Union. But we to presume in advanc


that he will thus violate his duty? This wou
be at war with every principle of justice an
of Christian charity. Let wait for tn


overt act. The Fugitive Slave law has bee
carried into execution in every contested cas-
since the commencement of the present ad


ministration; thongh often, it is to be regret


ted, with great Loss and Inconvenience TO tn
master, and with considerable expense to tn


government. Let us trust that the State Leg
, islatures will repeal their unconstitutional an
, obnoxious enactments. Unless this shall b
, done without unnecessary delay, it is imposs


BILE for any human power to save the Unior
f The Southern States, standing on the basi


of the constitution, have a right to deman
+ this act of justice from the States of the Nortl
, Should it be refused, then the constitution t
, which all the States are parties, will have bee
, wilfully violated by one portion of them in
provision essential to the domestic security an
. happiness of the remainder. In that even


the injured States, after having first used a


peaceful and constitutional means to obtai
redress, would be justified in revolutionary IT


sistance to the government of the Union.
have purposly confined my remarks t
l revolutionary resistance, because it has bee
f claimed, within the last few years that an
5 State, whenever this shall be its sovereign wi
e and pleasure, may secede from the Union, j