Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860Blaine, James Gillespie
History
Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860
Blaine, James Gillespie
United States -- History; United States -- History -- 1865-1898
The President found that the chief grievance of the South was in
the enactments of the free States known as "personal liberty laws."
When the Fugitive-slave Law subjected the liberty of citizens to
the decision of a single commissioner, and denied jury trial to a
man upon the question of sending him to lifelong and cruel servitude,
the issue throughout the free States was made one of self-preservation.
Without having the legal right to obstruct the return of a fugitive
slave to his servitude, they felt not only that they had the right,
but that it was their duty, to protect free citizens in their
freedom. Very likely these enactments, inspired by an earnest
spirit of liberty, went in many cases too far, and tended to produce
conflicts between National and State authority. That was a question
to be determined finally and exclusively by the Federal Judiciary.
Unfortunately Mr. Buchanan carried his argument beyond that point,
coupling it with a declaration and an admission fatal to the
perpetuity of the Union. After reciting the statutes which he
regarded as objectionable and hostile to the constitutional rights
of the South, and after urging their unconditional repeal upon the
North, the President said: "The Southern States, standing on the
basis of the Constitution, have a right to demand this act of
justice from the States of the North. Should it be refused, then
the Constitution, to which all the States are parties, will have
been willfully violated by one portion of them in a provision
essential to the domestic security and happiness of the remainder.
In that event, the injured States, after having used all peaceful
and constitutional means to obtain redress, would be justified in
revolutionary resistance to the government of the Union."
By this declaration the President justified, and in effect advised,
an appeal from the constitutional tribunals of the country to a
popular judgment in the aggrieved States, and recognized the right
of those States, upon such popular judgment, to destroy the
Constitution and Union. The "constitutional means" of redress were
the courts of the country, and to these the President must have
referred in the paragraph quoted. After an appeal to the courts,
and a decision upon the questions presented, it would have been
the plain duty of the parties to accept the decision as authoritative
and final. By the advice of the President, the States of the South
were to accept the decision obtained by constitutional means, in
case it was favorable to them, and to disregard it, and to destroy
both the Constitution and the Union, if it should prove to be
adverse to the popular opinion in those States.
Public-domain text, read in full here on John Shaqi.
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