Page:Southern Historical Society Papers volume 32.djvu/43

 Causes oj the War. 31

tation, which was guaranteed by the Constitution. It would be very desirable to show this somewhat in detail, and to illustrate it by quotations from the writers and the Legislative records of those days, but reasonable limits of time and space have already been exceeded, and we must hurry to a conclusion, leaving" much valu- able information untouched. A few quotations are, however, necessary.

THE DRED SCOTT DECISION.

As additional authority for the legality and constitutionality of slavery (if any were needed) we must refer to the decision of the Supreme Court of the United States in the Dred Scott case, in which it was decided :

That free negroes are not citizens.

That the Constitution treats them as property.

That since the adoption of the Constitution no State can by sub- sequent law make any person a citizen who is not recognized as such by the Constitution.

That a change in public opinion cannot change the meaning of the Constitution.

That every citizen has a right to take with him, into any territory of the United States, any property that the Constitution recognizes.

That the Constitution recognizes slaves as property and pledges the government to protect it, and that Congress cannot lawfully in- terfere with such property.

BUCHANAN AGAINST FORCE.

In addition to what has already been said in regard to the right of secession, it may be well to quote President Buchanan, a strong Union man, in his annual address, 1860: " Has the Constitution delegated to Congress power to coerce a State into submission which is attempting to withdraw, and has actually withdrawn, from the Confederacy ? If answered in the affirmative, it must be on the principle that power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been dele- gated to Congress or any other department of the Federal govern- ment. It is manifest, upon an inspection of the Constitution, that this is not among the enumerated powers granted to Congress, and it is equally apparent that its exercise is not necessary and proper for carrying into execution one of these powers. So far from this