Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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 reason for a dissolution of the Union.
Public-domain text, read in full here on John Shaqi.
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