Year: 1860

ing The rlghts OF property secured Nv
the Constitution, will surely be de-
clared void by the Judiciary whenev-
er il shall be presented in legal form,
Only three days after my inaugural
tion, the Supreme Court of the United
States solemnly adjudged that this
power did not exist in a Territorial
Legislature. Yet such has been the
iactious temper Of the times, that the
correctness of this decision has been
extensively impugned before the peo-
pie, and the question has given rise to
angry political conflict throughout TIC
country. Those who have appealed
from this judgment of our highest
Constitutional tribunal to popular as
semblies, would, if they could, invest
Territorial Legislatures with power to
annul the sacred rights of property. =
This power Congress is expressly for.
hidden by the Federal Constitution to
exercise. Every State Legislature in
the Union, is forbidden by it's own
Constitution to exercise it. 1t cannot
be exercised in any State, except by
the people in their highest sovereign
capacity, when framing or amending
their State Constitution. In like man.
ncr it can only be exercised by the peo
pie Of the Territory represented in o
convention Of delegates for the pur-
pose OF framing a Cons titution, prepa-
ratory to admission as Il State into the
Union. Then, and not until then, are
they invested with the power to decide
the question whether slavery shall or
shall not exist within their limits. This
is an act ofsoyereign authority and not
oil subordinate Territorial legislation.
Were it otherwise, then indeed would
the equality Of the States in the Terri
tories be destroyed, and the rights OF
property in slaves would depend pot
upon the guarantees Of the Consti.u.
tion, but upon the shifting majorities
Of an irresponsible Territorial Legisla-
ture. Such q doctrine from its intrin.
sic unsoundness, cannot long influence
any portion Of our people, much less
can It afford a good reason for dis.
solution of the Uuion. The most pal.
pable violations OF Constitutional du.
ty which have yet been committed
consist IN the acte Of different Stats
Legislatures to defeat the execution OF
the Fugitive Slave Law. 1t ought to
be remembered, however, that for
these acts neither Congress nor any
President can be justly held revponsi


be; having been passed in violation
OF the Federal Constitution, they are
therefore null and void. All the
Courts, both State and National, be.
fore whom tie question has arisen,
have, from the beginning, declared
the Fugitive Slave Law to be Uonsti.
tutional. The single exception ID that
of a State Court in Wisconsin, 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
precedent. The validity OF this law
has been established over and oyer
again by the Supreme Court Of the
United States with perfect unanimity.
1t is founded upon an express proyis.
ion OF the Constitution, requiring that
Fugitive Slaves who escape from SER
VICE in one State TO another shall be
delivered up to their masters. With.
out this provision, it is well known
historical fact that the Constitution it.
self could never have been adopted by
the Convention. In one form or an


other under the acts o. 1903 or 1850


both being substantially the same, the
Fugitive Slave Law has been the law
OF the land from the days OF Washing


ton until the present moment. Here


then, Il clear case is presented il
which it will be the duty OF the mex


President, as it has been my own, t.
act with Vigor in executing this su


preme law against the conflicting en-


actments Of State Legislatures. Shoe


be fail in the performance OF this higl
duty, he will then have manifested {


disregard Of the Constitution and laws


to the great injury VI the people o


nearly one half OF the States OF thC


Union. But are we to presume in ad


vance that he will thus violate his du
ty2 This would be at war with every


principle of justice-of Christian char
ity. Let us wait for the overt act.


The Fugitive Slave lew has beer


carried into execution in every con


tested case since the commencement


Of the present administration, though


often, it is to be regretted, with grea


loss and Inconvenience, and with con


siderable expense to the Government


Let us trust that the State Legislature


will repeal their unconstitutional anC
obnoxious enactments; unless thi'
shall be done without unnecessary de
lay it is impossible for any human
power to save the Union. The South


ern States, standing Oh the basis O