Letter to Secretary of State Daniel Webster

WASHINGTON, Oct. 23. 1850.

My Dear Sir,

Your letter of the 19th came to hand yesterday, & I am much gratified to hear of your improved health.

I have received a copy of Judge Woodbury's charge on the Fugitive Slave Law, and the Report of Judge Grier's opinion in a case before him, all manfully sustaining the constitutionality of the law, and manifesting a determined resolution to carry it out. I have also just received a joint letter from Judge Grier and Judge Keane, stating that a case has occurred before a commission in Pa. where the execution of a warrant under that act was "forcibly and successfully resisted; the posse summoned to aid the officer having refused to act," and "inquiring whether upon the recurrence of an obstruction to his Process he will be entitled to call for the aid of such troops of the U.S. as may be accessible."

This you perceive presents a very grave and delicate question. I have not yet had time to look into it and regret much that so many of my cabinet are absent, and especially yourself and the attorney general. These judges ask for a general order authorizing the employment of the troops in such an emergency; and I am disposed to exert whatever power I possess under the constitution and laws, in enforcing this observance. I have sworn to support the constitution.— I know no higher law that conflicts with it; and that constitution says, "the President shall take care that the laws be faithfully executed." I mean at every sacrifice and at every hazard to perform my duty. The union must and shall be preserved, and this can only be done, by a faithful and impartial administration of the laws. I can not doubt that in these sentiments you are with me. And if you have occasion to speak I hope you will give no encouragement, even by implication, to any resistance to the law. Nullification can not and will not be tolerated.

It seems to me, with all due deference to your superior wisdom that the true grounds for our friends to take is this; that the law, hav'g been passed, must be executed. That so far as it provides for the surrender of fugitives from labor it is according to the requirements of the constitution and should be sustained against all attempts at repeal, but if there be any provision in it endangering the liberty of those who are free, it should be so modified as to secure the free blacks from such an abuse of the object of the law, and that done we at the North have no just cause of complaint.

We must abide by the constitution. If overthrown, we can never hope for a better. God knows that I detest Slavery, but it is an existing evil, for which we are not responsible, and we must endure it, and give it such protection, as is guaranteed by the constitution, till we can get rid of it without destroying the last hope of free government in the world. But pardon me for saying so much. I thought possibly you might desire to know my sentiments, and I can assure you, I am very anxious to know yours, as to the answer to be given to the Judges' letter. I will, finally, send a copy of it.

I will add something in another letter.

With the highest consideration & Respect, I am in great haste Truly yours.

MILLAID FILLMORE.