Year: 1860

right to take them into the common Territories,
and hold them there under the protection Of the
Constitution. So far then, as Congress is con-
cerned, the objection 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 va-
son for an immediate 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 Gov
ernor, declaring that slavery SIS and shall be
forever prohibited in this Territory"


Such an act, however plainly violating the
rights Of property secured by The Constitution,
will surely be declared void by the Judiciary
whenever it shall be presented in legal form.
Only three days after my Inauguration, the Su-
preIne Court Of the United States solemnly ad-
Judged that this power did not exist in a Terri
torial Legislature. Yet such has been the ia
cetious temper Of the times, that the correct
ness of this decision has been extensively i'm
pugned before the people, and the question has
given rise TO angry political conflicts through
out the country.


Those who have appealed from this judgment
OF our highest constitutional tribunal to popular
assemblies, would, if they could. invest Terri
torial Legislature with power 10 annul the sa-
cred rights Of property. This power Congress
is expressly forbidden by the Federal Con,iitu.
ton to exercise, and every State Legislature in
the Union is forbidden by its own Constitution
to exercise it, 1t canno' be exercised in any
ereign capa ,ity when framing or amending theiI
State Constitution. In like manner, it can on
ly be exercised by the people Of the Territory
represented in Convention OF delegates for fra
ming Constitution, preparatory TO admission
a State into the Union; then. and not until
then, are they invested with power to decide the
question, whether slavery shall or shall not exis,
within our limits This is an act of sovereign
authority and not of subordinate Territorial
legislation. Were it otherwise then, indeed
wVnId the equality of the States in the Terrific
ries be DESTROYED, and the right of property in
slaves woud depend not upon the guarantees
OF tie Constitution, but upon the shifting ma.
ioriiies Of an irresponsible Territorial Legisa
ture Such doctrine, from lis intrinsic un-
soundne>S. cannot long influence any considera-
! ble portion Of our people-much less can it al
ford GOOD reason for the dissolution Of the
Union.


The most palpable violations of constitution
al duty which have yet been committed, consist
in the act of different State Legislatures TO de-
feat the execution of the Fugitive Slave law
Ii ought to be remembered, however, that fol
these acts neither Congress or 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 constitu-
tionai. The single exception isthat of the 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 he no danger from it as a precedent


The validity of this law has been established
| over and over again by the Supreme Court oi
the United States, with perfect unanimi'y. II
is founded upon an express provision OF the
Constitution, requiring that fugitive slaves who
escape from service in one State tn another
| shall be delivered up to their masters. With
out this provision, it is well known historical
fact that the Constitution itself could never
have been adopted by the Convention In one


form or another, under the acts OF 1893 and
| 1850, both being substantially 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 President as il
has been my Own, to act with vigor in eXecu-
ting the supreme law against the conflicting en-
actments of State Legislatures. Should he
fail 10 the performance OF the high duty, he vii
then have manifested disregard Of the Con
sttution and laws to the great injury Of The
people OF nearly One-half of the States OF The
Onion. But are we TO presume in advance thai
he will thus violate his duty? This would bs
at war with every principle of justice and @
Christian charity. Let us wait for the over act
The Fugitive Slave law has been carried in
TO execution IN every contested case siucc thC
commencement Of the present Administration
though often, it Is TO be regretted, with Crea
loss aud Inconvenience to the master. and wit!
considerable expense 10 the Government. Le
US trust that the State Legislatures will repea
their unconstitutional and obnoxious enact
ments. Unless this shall be done, without un
necessary delay, it is impossible for any human
power to save the Union. The Southerl
States, standing on the basis of the Consttu
ton, have right to demand this act OF justic
from the States of the North Should it b.
refused. then the Constitution, to which all tn
States are parties, will have been willfally VIC
lated by one portion of them, in a provision
essential to the domestic security and happines
of the remainder. In that event, the ininre'
State, after having first used all peaceful ant
constitutional means to obtain redress, woult
be justified in revolutionary resistance to tn
Government Of the Union.


have purposely confined my remarks Il
revolutionary resistance, because it has bee
claimed within the last few years that any Stat
whenever this shall be its sovereign will an'
| pleasure, may secede from the Union in accord
ance with the Constitution, and without any Vi
OlatiOn Of the constitutional rights of the 0the
members of the coniederacy; that as each be
came parties to the Union by the vote of it
own people assembled in convention. so an
one of them may retire from the Union in


similar manner by the vote of such conveE
ton. In order to justify secession as a cousti
tutona remedy, it must be on the principl
that the Federal Government is mere vour
tary association of States, to be dissolved a
pleasure by any one of the contracting parte:
1t this be so, the Confederacy is rope of sane
and to be penetrated and dissolved by the frs
adverse wave of public opinion in any of tn
States.


! In this manner our thrty-tbree States ma
resolve themselves into as many petty, iarrin
and hostile republics each one retiring from th
Union without responsibility whenever any suC
den excitement might impel them to such
course. By this process Union might be Ell