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
reason for a dissolution of the Union.
The most palpable violations of constitutional duty which have yet been
committed consist in the acts of different State legislatures to defeat
the execution of the fugitive-slave law. It ought to be remembered,
however, that for these acts neither Congress nor 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 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 founded 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.
Public-domain text, read in full here on John Shaqi.
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