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 founded 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.
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 first used all peaceful
and constitutional means to obtain redress, would be
justified in revolutionary resistance to the Government
of the Union.
I have purposely confined my remarks to revolutionary
resistance, because it has been claimed within the
last few years that any State, whenever this shall
be its sovereign will and pleasure, may secede from
the Union in accordance with the Constitution and without
any violation of the constitutional rights of the
other members of the Confederacy; that as each became
parties to the Union by the vote of its own people
assembled in convention, so any one of them may retire
from the Union in a similar manner by the vote of
such a convention.