Year: 1860

Contederacy, and to have 1t protected thera
under the Federal Constitution. Neither
Congress nor Territorial Legislature nor
any human power has any authority to
annul or impair this vested right. The
Supreme judicial power Of the country,
which is a co ordinate branch of the Gov
ernment, has sanctioned and affirmed these
principles of constitutional law, SO mani
testify just in Themselves, and so well cal
culated TO promote 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 knowledge,
in anv of the Territories. Even through
out the late troubles in Kansas there has
not been any attempt, as | am credibly in
formed, to interfere, III a single instance,
with the right of the master. Had any
such attempt been made, the judiciary
would doubtless have afforded an adequate
remedy. Should they fail to do this here
after, it will then be time enough to
strengthen their. hands by further legisla-
ton. 54Iad it bsen decided that either
Congr4ss or thetfaFfitori Legislature pos
sess The power to annul or impair the right
to PROPERTY ia slaves, the evil would be in
tolerable !. In the latter event, there would
f-be majority of the members of the Leg
Fislature at each successive election, and the
sacred right of property held under the
Federal Constitution would depend for
the time being on the result. The agita-
ton would thus be rendered incessant
whilst the Territorial condition remained
and its baneful influence would keep alive
a dangerous excitement among the people
of the several States. =


Thus has ths status OF a Territory, dur
ing 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 prosperity of the Terri
tories, as we'll as the tranquility of the
States. Now emigrants from the North
and the South, the East and the West,
will IN set in the Territories on common
platform, having brought with them that
species of property best adapted to 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 sas State into the Union
this decision, one way or the other will
have been a foregone conclusion, mean
While the settlement of the new Territory
will proceed without serious interruption,
and its progress AMI prosperity will not be
endangered or retarded by violent political
struggles.


When in the progress of events the in
habitants of any territory shall have
reached the number required to form a
state, they will then proceed in a regular
manner, and in the exercise of the rights
of popular sovereignty, to form a consJitu.
ton preparatory to the admission into the
Union. After this had been done, to EN-
ploy the language ofthe Kansas and Ne
braska act, they "shall be received into
the Union with Or without slavery, As their
constitution may prescribe at the time OF
their admission" This sound principle
has happily been recognized, in some form
or other, by an almost unanimous vote Of
both houses of the last Congress.


/ All lawful means at my command have
been employed, and shall continue to be
employed to execute the laws against the
African slave trade. After mos. careful
and thorough investigation of the sub
iect, we have not been able to discover
that any slaves have been imported into
the United Stales, except the cargo Of the
Wanderer numbering between three and
four hundred. Those engaged in this un-


lawful enterprise have been vigorously
prosecuted but with not as much success
as their crimes have deserved. A 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
It WAS Notwithstanding deemed expedient
by the trainers of the Constitution, to de-
prive Congress OF the power to prohibit
+ the emigration or importation of such
persons as any of the states now existing
, shall think proper to admit" ''pri1r to the
, year one thousand eight hundred anc
eight"


1t will be seen that this restriction OF


the power Of Congress was confined tc


such States only as might think proper tc
, admit the importation of slaves. 1t die
, not extend TO other States or to the trade
carried on abroad. Accordingly, we fine
that 50 early as the I'd Of March, 1874
F, Congress passed an act imposing sever
r penalties aud punishments upon citizen
and residents of the United States wh'
, should engage in this trade between for


eicn nations. The provisions Of this Ac
were extended and enforced by the Act c
, 10th 1900.


, Again: The States themselves had
, clear right to waive tie constitutional pri
o vilege intended for their benefit, and t
a prohibit, by their own laws, this trade, a
= any time they thought proper previous t
q 1908. Several of them exercised thi
h righ: before that period, and among ther
r some containing the greatest number {
o slaves. This gave to Congress the imm'
n diate power to act in regard to all sue
! States because they themselves had n


moved the Constitutional barrier. Cor
q cress accordingly passed ALI act on 28t
# February, 1868, ito prevent the import


,iou of certain nersons into certain Stat,