A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It is alleged as one cause for immediate secession that the Southern
States are denied equal rights with the other States in the common
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 Territories; and certainly not by the Supreme
Court, which has solemnly decided that slaves are property, and, like
all other property, their owners have a right to take them into the
common Territories and hold them there under the protection of the
Constitution.
So far then, as Congress is concerned, the objection is not to anything
they have already done, but to what they may do hereafter. It will
surely be admitted that this apprehension of future danger is no good
reason for an immediate dissolution of the Union. It is true that the
Territorial legislature of Kansas, on the 23d February, 1860, passed in
great haste an act over the veto of the governor declaring that slavery
"is 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 a legal form.
Only three days after my inauguration the Supreme Court of the United
States solemnly adjudged that this power did not exist in a Territorial
legislature. Yet such has been the factious temper of the times that the
correctness 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 appealed from this judgment of
our highest constitutional tribunal to popular assemblies would, if they
could, invest a Territorial legislature with power to annul the sacred
rights of property. This power Congress is expressly forbidden by the
Federal Constitution to exercise. Every State legislature in the Union
is forbidden by its own constitution to exercise it. It can not be
exercised in any State except by the people in their highest sovereign
capacity, when framing or amending their State constitution. In like
manner it can only be exercised by the people of a Territory represented
in a convention of delegates for the purpose of framing a constitution
preparatory to admission as 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 exist within their limits. This is an act of
sovereign authority, and not of subordinate Territorial legislation.
Were it otherwise, then indeed would the equality of the States in the
Territories be destroyed, and the rights of property in slaves would
depend not upon the guaranties of the Constitution, but upon the
shifting majorities of an irresponsible Territorial legislature. Such
a doctrine, from its intrinsic unsoundness, can not long influence any
considerable portion of our people, much less can it afford a good
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