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
This is the very course which I earnestly recommend in order to
obtain an "explanatory amendment" of the Constitution on the subject of
slavery. This might originate with Congress or the State legislatures,
as may be deemed most advisable to attain the object. The explanatory
amendment might be confined to the final settlement of the true
construction of the Constitution on three special points:
1. An express recognition of the right of property in slaves in the
States where it now exists or may hereafter exist.
2. The duty of protecting this right in all the common Territories
throughout their Territorial existence, and until they shall be
admitted as States into the Union, with or without slavery, as their
constitutions may prescribe.
3. A like recognition of the right of the master to have his slave who
has escaped from one State to another restored and "delivered up" to
him, and of the validity of the fugitive-slave law enacted for this
purpose, together with a declaration that all State laws impairing
or defeating this right are violations of the Constitution, and are
consequently null and void. It may be objected that this construction of
the Constitution has already been settled by the Supreme Court of the
United States, and what more ought to be required? The answer is that a
very large proportion of the people of the United States still contest
the correctness of this decision, and never will cease from agitation
and admit its binding force until clearly established by the people of
the several States in their sovereign character. Such an explanatory
amendment would, it is believed, forever terminate the existing
dissensions, and restore peace and harmony among the States.
It ought not to be doubted that such an appeal to the arbitrament
established by the Constitution itself would be received with favor by
all the States of the Confederacy. In any event, it ought to be tried
in a spirit of conciliation before any of these States shall separate
themselves from the Union.
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