Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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 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.
Public-domain text, read in full here on John Shaqi.
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