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 th
|