law to be constitutional. The single exception
is 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 over again
by the Supreme Court of the United States with perfect
unanimity. It is rounded upon an express provision
of the Constitution, requiring 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 well-known historical
fact that the Constitution itself could never have
been adopted by the Convention. In one form or
other, under the acts of 1793 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, a clear
case is presented in which it will be the duty of
the next President, as it has been my own, to act with
vigor in executing this supreme law against the conflicting
enactments of State legislatures. Should he fail
in the performance 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 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 principle
of justice and of Christian charity. Let us wait
for the overt act. The fugitive-slave law has
been carried into execution in every contested case
since the commencement 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 Government. Let us trust that
the State legislatures will repeal their unconstitutional
and obnoxious enactments. 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 willfully violated by one
portion of them in a provision essential to the domestic
security and happiness 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 revolutionary resistance to
the Government of the Union.
I have purposely confined my remarks to revolutionary
resistance, because it has been claimed within the
last few years that any State, whenever this shall
be its sovereign will and pleasure, may secede from
the Union in accordance with the Constitution 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 assembled in convention, so any one of them
may retire from the Union in a similar manner by the
vote of such a convention.