Page:Southern Historical Society Papers volume 16.djvu/328

 322 Southern Historical Society Papers.

ginia. These Governors were sworn to support the Constitution of the United States, and certainly understood its plain command.

In 1793, while Washington was President, an act was passed to carry out the provision for the return of fugitive slaves. It was adopted unanimously in the Senate, and nearly so in the House. The Federal and State courts held it to be constitutional, and yet these Governors refused to execute it.

On the yth of January, 1 86 1, more than two weeks after South Caro- lina had passed her ordinance of secession, Mr. Toombs, of Georgia, in a speech in the Senate, said : " The Supreme Court has decided that by the Constitution we have a right to go to the territories and be protected with our property. Mr. Lincoln says he does not care what the Supreme Court decides, he will turn us out anyhow. He says this in his debate with the Honorable Senator from Illinois, Mr. Dunlap. I have it before me. He said he would vote against the decision of the Supreme Court."

This charge against Mr. Lincoln was never denied by himself or friends.

Instances of disregard of the Constitution by those sworn to ob- serve it, might be readily multiplied, but I only want to make promi- nent the principles moving the South to its course

Having seen our rights under and by the Constitution, I will turn attention to that course. The Southern States claimed they were sovereign, having all powers except such as were specially delegated to Congress. They demanded that property in slaves should be en- titled to the same protection from the Government of the United States, in all its departments everywhere, which the Constitution con- fers upon it the power to extend to any other property ; provided, nothing shall be construed to limit or restrain the right now belonging to every State to prohibit, abolish, or establish and protect slavery within its limits. That persons committing crimes against slave prop- erty in one State and fleeing to another, shall be delivered up in the same manner as persons committing crimes against other property, and that the laws of the State from which such person fled shall be the test of criminality. That Congress should pass efficient laws for the punishment of all persons in any of the States who shall, in any manner, aid and abet invasion or insurrection in any other State, or commit any other act against the laws of nations, tending to disturb the tranquility of the people or government of any other State. That the people of the United States should have an equal right to emi- grate to and settle in the present or any future acquired territories,