State of the Union Addresses — John Stuart Mill — John Shaqi
State of the Union Addresses
John Stuart Mill · en
Congress, however, must from necessity first act upon the subject by
prescribing the proceedings necessary to ascertain that the person is a
fugitive and the means to be used for his restoration to the claimant. This
was done by an act passed during the first term of President Washington,
which was amended by that enacted by the last Congress, and it now remains
for the executive and judicial departments to take care that these laws be
faithfully executed. This injunction of the Constitution is as peremptory
and as binding as any other; it stands exactly on the same foundation as
that clause which provides for the return of fugitives from justice, or
that which declares that no bill of attainder or ex post facto law shall be
passed, or that which provides for an equality of taxation according to the
census, or the clause declaring that all duties shall be uniform throughout
the United States, or the important provision that the trial of all crimes
shall be by jury. These several articles and clauses of the Constitution,
all resting on the same authority, must stand or fall together. Some
objections have been urged against the details of the act for the return of
fugitives from labor, but it is worthy of remark that the main opposition
is aimed against the Constitution itself, and proceeds from persons and
classes of persons many of whom declare their wish to see that Constitution
overturned. They avow their hostility to any law which shall give full and
practical effect to this requirement of the Constitution. Fortunately, the
number of these persons is comparatively small, and is believed to be daily
diminishing; but the issue which they present is one which involves the
supremacy and even the existence of the Constitution.
Cases have heretofore arisen in which individuals have denied the binding
authority of acts of Congress, and even States have proposed to nullify
such acts upon the ground that the Constitution was the supreme law of the
land, and that those acts of Congress were repugnant to that instrument;
but nullification is now aimed not so much against particular laws as being
inconsistent with the Constitution as against the Constitution itself, and
it is not to be disguised that a spirit exists, and has been actively at
work, to rend asunder this Union, which is our cherished inheritance from
our Revolutionary fathers.