rare*. r< sBli, li l a^ine«, ;’-Mwdlne “'iKucnw “""'Unc, :scrr M; 1 dlieef, "K«. "SStz, SlO/iJ of the. Senate id Home, of , Sepraeniativet; it the year since opr last meeting, has been eminently prosperous in ial interests;' The general health sellent,' our harvests have ' been plenty smiles ■ Ihoroughout the jmmeroe and manufactures have ted with energy nbd industry, and ! fair and ample returns; In short, the tide Of time has over presented ' greater material prosperity than Aunlil within a very recent period, 'then, that discontent'now so ei iiilß, and the Union of the States, Source of all ’these, ’is’ b destruction ? ‘ 1 T])C ! long-oon tSmperato interference of the (♦■'With the question of slavery VStates Ims at length produced Hits. The different sections'of. ipw arrayed against each other, (’arrived, so much dreaded by ' Country; when hostile.geo-' have been formed. I have . often forewarned my conn-, ibw iropendingi danger. This id solely from the claim on the '"JV 'fclliii .«»1 In "»ll*i •* jin f* lelli, '«U Wi(i|| '■IIIKH ‘l*l l*. Rii, 'l/Hia. Ijorjij. ‘■litlli da or the’territorial legislature to iryfrom the .Territories, nor,from .different ,States to defeat:the exe > fugitive-slave law. All or any of njight have,-been endured by the it danger to the Uniou, (as others lithe hope that time and reflection: Slajmi aror P«r nake whc the remedy. The immediate peril much from, these .causes as from . the incessant and violent agitation jry .question throughout the North • quarter of a century, has at length its malign influence on the. slaves, jd them with vague notions of free- . senc.e of security no longer exists \b, family, altar,,, This feeling of peace 'll.given place to apprehensions of erection. , Many a matron through th retires at night in dread of what, terself and her, children'before the Ifaould this apprehension of domes hetherreal or ,imaginary, extend itself until it ; shall: pervade the > Southern people,.theri: disunjon ; inevitable. Self-preservation ia the and haa been, implanted in man by his Creator for the wisest - id no political- union, however blessings and benefits in all other i long .continue, if the necessary he to render the. homes and fire • half the parties to it habitually '.insecure.. Sooner.orlater,the a Onion must be severed. It is that this, fatal period has riot yet prayer to God is that,He would Constitution , arid the Union jeneratipns. re warning in, time, arid remove ingeri It cannot be'deniod that, renty years, the agitation .(it the slavery in the South has, been 1885 pictorial, hand-bill's,, arid ppeals, were circulated exton lt the South,, of a character to ms of the. slaves;, and, in-the neral Jackson, “to stimulate ition, and produce all the hor |War.” This agitation has oyer .oritinued by the public press, by Jirigsof State and county,_ coriven ny_abolition sermons and lectures'.— flr Congress him beeuoceupied in vio edhes. ori: this never-ending ■ subject; pamphlet apd'other forms,,eh-' y distinguished riaines, have been sent, (pm this central point, andsprehd broad- BrtheUriio'n.' , " easy would it he fbr,the;American pep-., Sttlp the,slavery question forever, and. vpeaoe and harmony to this distracted, ; Jti biDjtoj;| im\ m\ tlv itcdei ngatoj silhfii' caDinJj nl into' Mum; lb prcjJ* mnd they alone, can do if. 'All that is y to 1 Apoomplili.li tho . object, and all • tho shivo States have ever contended, fttAlono.jßndpamitted to mapago their /institutions in' their own way. As V'Statds, they, and they alone, are ro be lore God and the world for, tho feting ameng them. For this,' the le North are not more responsible, dfinore righttd’interfere, than with lllfiitidns in Russia or in Brasil.—- 'jidd sense and patriotic forbearance fetiirgreatly rely, Without their, vend the powpr of any. President, ydfmay be his own poUtfoal I'pro store pence and harmony among /isdly limited and restrained as hinder our Constitution and laws, . accomplish but little, for good or . duoh a momentous question, j wings meto observe that the cice ly" one of our fellow-citizens to, the Mesldenl does npt of itpolf.afford just 'idiflsolYiug the Union, This is more yfruo if his.oleotion has been effected (plurality,and not a majority, of tho Jdj has .resulted from transient: and: 'Rainses, which may' probably neyer t* 'j * order, to justify a resort to ’ y resistance, tho Federal Oov.ern -10 guilty of “a deliberate, palpable Js exercise” of powers not granted Utulion. The late Presidential Ivor, has been held in strict edn : its express' provisions. How, I® reau ’ t justify a. revolution to de jMlry.Cdnstitution? Reason, justice, Constitution, nli require that' -wifitfor some overt and dangerous act 'ft r df the President’ elect before re raoh a remedy. Ij;however, that ‘the antecedents of it elect’ have been sufficient to jus '-of the South that ho will attempt 'v constitutional rights; But are isions of contingent danger in tho " to justify tho immediate des lohleat system of government gmortala? m From the very i? ts i’isb reaponsibili laariiy be conservative. 'The th ° Tast tt Ud oom- Jtof CfJf Government affords' Jnteo that he will not attempt u w a dear constitutional right;— tttjfemo more than the chief oxeeii (oflthe Government. . His province weft but to-execute, the laws ; and mablo fact in offr bistory, that, not jg'the repeated efforts of the anti no single act has over passed dess we may possibly except the impairing, in tho slight *o rights of the South to their iSlaves. And it'may also be ob ipg froto present indications, that 3 ®f l ll J® passage of such an (Sjority of both' Houses, either in' yor the next Congress. Surely, .pjroumstanoes, we ought to bo ro fcpMseijt action hy.thp precept of JR®. » s npver man spoke, that •■auf. Mb® uay is tup evil thereof.” The JfflW never comp, unless we slioll fjpt upon ourselves, . Md as one cause for immediate se ethe .Southern, - States are denied with the other States in thi’ pom. m- But. by-what, authority are ‘ : ,No k by Congress,, which has ,*nd I believe,, nevpr' will, pass, /otadp slavery from these Terrlto- Attjnly pot,by the Supreme Court, Jjoleanly decided that .slaves aro C ’ ' isle IMintm- '~ill T*MA. NT’S MESSAGE. Such a principle is wholly inconsistent with the history as. well as the character of the Federal, Constitution. , Aftor .it was framed, with the greatest deliberation and care, it was submitted to conventfons of the people of-tho several States for ratification. Its provisions were discussed at length in these bodies, com posed of the first men of the country. Its op ponent®, contended that it conferred powers upon the Federal Government dangerous to the tjfdita of the. States, whilst its advocates main tained that under a fair construction of the Ini strument there was no,foundation for subh ap prehensions. In that mighty struggle between tho first intellects of this or any other country it never occurred to any individual, either among its opponents or advocatas, to assert, or even to intimate, that their efforts were all vain labor, because tho moment that any State felt herself aggrieved she might secede fro.m tho Union. What a crushing argument would this, have proved against those.who dreaded that the rights of the States would ho endangered by the,Constitution. Tho truthis, that it was not until many years after the origin of the Fede ral Government thatsueha proposition was first advarioed. It was then met and refuted Oy the conclusive arguments of. General Jnok his message of XGtli January, 1833, the nullilying ordinance of South following f ! °f. the people of a siu without’ bBOITO -t’lemselvca it will, and SeiV tho 'other Stites, from heir ’nqat solenmphligationa, aud haiard th Property, and,. like all other property their Tcrutorica, and hold them there under the protection of tire Constitution. I* 10 "- aa Congress is concerned, the objection is not to anything they have already done, but to what they may do hereafter it will surely bo admmittod that this apprehoii sion of future danger is no good reaao P n for an .mjnedmto dissoiuiion of the Union is Iruo hf o„'° n '«roitorial ; legislature of Kansas, on of , February, iB6O, passed in great haste pn act, over the veto of the Governor, declaring that slavery “ is, and shall „be, for ever prohibited in this Territory.”' Such an act, however, plainly violating, the rights of property secured by the Constitution, will surely be declared void, by the judiciary when ever it shall be presented in a legal form. Only three days after my inauguration the Supremo Court of the United States solemnly adjudged that this power did not exist in a ter ritorial legislature. Yet suoh.has been the fac tious temper of the times that the correctness of tins' decision has been extensively impugned before the people, and the question has given rise to angry political conflicts throughout the country; Those Who have appealed from this judgment of our highest constitutional tribunal to popular assemblies would, 'if they could invest a .territorial legislature with bower to annul the sacred rights of property. This power Cdpgress is expressly forbidden by the h ederal Constitution to exorcise, hlvcrv State legisloturo in the Union is forbidden by its own constitution to exercise it. It cannot be cxer- Wifo 1 ? any State exoc P tb y ,ho people in their i»enal ?r- ei |. n ; <!aparf, y when framing or amending their State constitution. In like mnn nei, it can only he exercised by the people of LnWfe Or n, ropreßOnto<l in %eonyention of del- ZnarmLvl PUr /°- 8 ° ? f fra “ !n g 8 constitution preparatory to admission ns a State into the , Tl . l ®"> nn<l not until then, are they l P °T e ’;. to decide ,the question H.i'r h rl,v e Z? Uor ehall “ob exist within their limits. This'is an'act of sovereign au thority, and not of subordinate territorial le wniftd°th’ Wer .e it otherwise, then indeed would the equality of the Slates in the Terri tories be destroyed, aud the rights of property in slaves Would depend, net upon the guards tees of i the Constitution, but, upon the shifting majorities of an irresponsible territorial legis lature. Such a doctrine, from its intrinsic unsoundness, cannot long, influence any boh sidorablo' portion' of our people, much loss cab it afford a good reason for a dissolution of the Union. ‘ The:most palpable violations of constitu tional duty which have yet been committed consists in the acts of different State legisla tures to defeat the execution, of the fugitive slave law. . It ought to he remembered,: how ever, that tor-.those, acts, neither Congress nor any President .can justly be' held responsible. Haying been passed in violation of tho.Ped oral Constftution, they are therefore null and void. All the courts, both State and national, before whom the question has arisen,.have from the beginning declared the fugitive-slave' law to bo constitutional. 'The single exception is that of a State court in Wisoonsih; and this has net only been reversed by the proper ap pellate tribunal, ■ but has inet with such univer sal reprobation that there ,can be no danger ' from it-ns a precedent. The validity of this law has been established ever,and over again by the Supreme Court, of. the United States with perfect unanimity. - It is founded upon -an express provision of the Constitution, ie* quiring that fugitive slaves, who-escape from' service in one State to another shall be “de livered up” to theif 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 1.793 and 1850, both being substantially the.sdme,.tile fugitive-slave law of .the land from the days. of Washington until the present moment. Haro then, o clear ease is presented, in which it will be the duty of the next President, as it has been my own, to act with vigor in exe cuting this supremo law against'the confliot ing enactments of State legislatures., Should he fail in the performance of, this high duty, he will then have manifestefV a disregard of the Constitution and laws, to,the great injury °e i t } lo l> r eo P le of nearly one-half ofthe States of the Union, But are wo to presume.in' ad, vauoe that he will thus-violate his duty ? This, would he at war. with every principle of jus ; tipe and of Christian charity. Let us wait for the overt act. The fugitive-slave law lias been parried into execution in every contested ease since,the commencement of the present admin istration; though. .often it is to be regretted; with great loss andiheonyenicnce to the master, and with considerable expense' to the govern .ment. Let us trust tbat the. State legislatures ■will repeal their unconstitutional and obnox ious enactments. 'Unless tliia elih.il be .done without, unnecessary delay, it is impossible for a “y.“ mau power to save the Union. th^hfi o^" 1 * s ‘9M«>Pfamling on the basis of the Constitntion, have ; a right to demand this act fr ,°“ tho s ,tatea of tlie North. Should Constitution, to which all Wolafedhl'”® P an ; es -wih 'bavo been wilfully .one portion of them in a provision of the r io “ eoUtity ' unJ happi nesß “f , tbe roraatador. Ib that event, the injured aflar having first used all peaceful, and constitutional moans to obtain redress, would be justified m revolutionary resistance to the Govern moot of the Union. I have purposely confined my remark?! to revo lutionary resistance, because it has been claimed withm the’ last few years that any State, when ever this shall bo its sovereign will and pleasure, may secede from the Union, in acobrdanoe with the Constitution, and without any violation of the- Constitutional righta.of tho other members of the Confederacy. .That os each beoaino parties to the Union fay tho voto of its own ,people assembled in one of them retire from ! the Umon in a similar manner by the vote of such i a convention, 1 In order to justify secession as a constitutional remedy, it must bo on the principle'that tho Focl ornl Government.is a mere voluntary association of States, to be dissolved at pleasure hy any one of the contracting parties. If this bo so, the Con federacy is a rope of sand, to be penetrated and dissolved by the firstadverse wave of public ooin ion in any of the States. In this manner our thir ty4hree States may resolve-themselves into as many petty, jarring and hostile republics, each one retiring - from the Union, without responsi bility, whenever any sudden excitement might im pel them to such a course. By this process a Union might bo entirely brokpn.into fragments in a fow weeks, which cost our forefathers, many years of toil, privation and blood to establish.' liberty and' happiness of Iho "millions compos sing this. Union, cannot he acknowledged.— Such nuthorityis believed to bo utterly repug .nant'both'to the principles upon-which the General Government iC , constituted'tmd to'the objects which itj was expressly formed to at tain.” • ■ ,1 : ; , . -'i «It is not pretended that any cjaiisc irij the •Constitution gives countenance to such a theory. It is altogether' founded upon‘ inference, not from any language contained in’the instrument itself, but from the sovereign character ojf' tho, several States by which it was ratified. ; Bat is it beyond the power of aStatb,likean individual, to yield a portion of its sovereign rights Jo secure tho remainder ? In, the language of Mr Madison, who lias been'called thcl father of the Constitution: “It was formed by the States- 1 —■ that is by the people in each of tho States,act ing in their highest sovereign capacity ; and formed consequently, by-the .same authority which formed tho State Constitutions,” . . “Nor is the Government of the United States, created by the Constitution, lessa Government in the strict sense of. the term, within, the sphere of its powers, than the governments created by the constitutions of the ’States are,' within their several spheres., It Is, liko them, organized -into legislative, executive, and jur diciary departments. It operates, like them/ directly on persons and thingsrand, like them, it has at command a physical force for execu ting the powers oommitted.io it.”. It. was intended to be perpetual, and not t< bo annulled- at the pleasure of any one of th - contracting parties. ■ The old articles of con federation were entitled “Articles of Confede oration and . Perpetual Union between tin States and by the 13tlv article-it is expressly declared that * ‘the articles of this (jonfederatioi shall be inviolably observed by every State and tho tJnion shall be perpetual.” Tho pre amble to the. Constitution of the UnitedStntes ; having express reference to the articles of Con tedcration, recites that it was established “in order to form a more perfect union,” And yet it is contended that this “more perfect union” does not include the essential attribute of per petuity. But that the Union was designed to be per petual appears conclusively from the nature and extent of thepowers conferred by the Cou stituiiQn on the Federal Government. These] powers embrace the vei*y highest 1 attributes of national sovereignty. They place both the sword and purse under its control. .Congress ] has power to make war, audio make peace; toj raise and support, armies’and navies, and to conclude treaties with foreign governments,.— It is invested with the power tocoin money, and to regulate the value thereof, ahd'to regu i late commerce with foreign nations, and among I the several States; It is not necessary to* enu-. merate the other high powers which have been conferred upon tho Federal Government; In order to, carry tho ; enumerated powers into effect, Congress possesses,, the exclusive fight, to lay and collect duties on*Jmports,.and in common with the States to lay and cofiect all oilier taxes. • * But the Constitution has.not only "conferred these high powers'upon but it.has adopted effectual means to restrain the States I from, interfering with their exercise. For that I purpose it has,in strong prohibitory language,' expressively declared that “no State shall enter into any treaty/alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit ; make anything but gold and : silver coin a tender in payment of debts ;• pass any bill of attainder, cxposl facto law, or.law impairing the obligation of contracts.;’. More over “withbuUhe consent of Congress, no State shall lay any imposts or duties on any imports or exports; except what may be. : absoUitbly rie-. cesssary for executing its inspection laws;” and, if they -exceed this'amount, iho excess shall belong to Uie, United States. . ; .And “no State shall, without the consent of Congress lay any duty of, tonnage / keep troops of ships of war,in time of peace; chtex’ inio any agreemont or compact with another State, or with a ioreignpowoxft or in-wav, tfrdess actually invaded, of in danger as. will not: admit of .. ° \ ,Xn. order still the. uninter rupted exercise of these against .State interposition, it. is provided “that this Constitution and the laws of the United States which shall be made m purauance thereof; and all treaties made, or which shall be made, un- authority .of, the United States, shali ,be tbo suiifeme law of the laud; and the judges every State shall be boundthereby; any thingin the constitution orilriwa of any State to the. contrary notwithstanding. . ... The solemn sanction of religion lias been superadded to the obligations of offibialduty,. and all senators and representatives of the United States, all members of. State Legisla tiires, and all. executive and judicial officers, “both of the United States, and of the several Slates shall be bound by oath or affirmation to support this Constitution.” . , . In order to carry into effect 1 those powers, the Constitution has established a perfect Gov ernment in all its forms, Legislative, Execu tive, and- Judicial; and this Government, to the extent of its powers, acts directly upon the individual citizens of every State, and executes its own decrees.by the agency of its-own offi cers, 1 In this respect it difl'ova entirely from the Govornmentunder the phi Confederation, which was confined to making requisitions on the blates in their sovereign 'Character. This left it m the discretiou-of paclf whether'to obey or and'they'* often declined to comply with mioh requisitions. It thus became neces sar ] >’> for the purpose of removing* this bander, and “in order to form a more perfect Union,” to establish a Government which could act di rectly ;,upon, the people, and execute its own', laws without the intermediate agency of'the, States. This has been accomplished by'the Constitution of the United States. n In ,.! h ?. l ' t, tlie Government created by the! Constitution, and 1 deriving its authority from( the sovereign people, of each of the several States, has precisely the same right to exercise ;l 3 if°' VCl ' • oye d 1 v 8 pco P ,e ol all these States] in the enumerated oases, that each one of then! Unburst ° vei ’ subjects hot delegated to t$ United States but “reserved to the States; ret spOctively, or tb the people.” 1 To tho_ extent of the delegated'powers the Constitution of the United States is as much a part of the constitution of each' State, and is asl binding upends people, as though it had been textually inserted therein. ;• I This Government, therefore, is a great am) pow erful Government, invested with all the attribute, 1 ! of sovereignty over,the special subjects ‘in whiol its authority extends. Its framers never intended to implant m its bosom tho seeds of its own des i truotion, nor were they at its creation guilty of th* absurdity of providing for its own dissolution. Ti intended by ita.framers to be the baselosj Jabrio of a vision which, at the. touch, of the eni chanter, would vanish into thin air, but a substanj , * ani * fabric, capable of resisting thd slow decay of time, and pf. defying th\ storms .of ' Indeed, well may the jealous patriots of that, day oavo indulged fears thpt a government oif sun# high powers might violate, the reserved rights if the btatos,.and wisely did they adopt the rule'of a strict construction J of these powers to prevent tile danger I But they did not fear, nor bad they any reason-to- imagine,'that the Constitution would ever bo so interpreted as to enable any State, by > her own aot, and-without the*consent of her sister States, to difiohttrgo ,hor people, from all or any of their Federal .obligations. - It may bo asked, then, are the. people of the States without redress against .the tyranny ind oppression of tho Federal Government?,, By no. .means. The right of resistance on the part of the gov<*ped against the oppression of. their go vernments,cannot bo denied It exists indepen dently of all constitutions, andhas.beon exorcised at all periods of the world's history. Under it old governments have been destroyed and new. ones have taken their places. It .is embodied in strong and express language in our own Declara tion of Independence. But the distinction must ever that this is revolution against Reestablished; government, and not a voluntary secession from it by virtue of anjnhorent consti* 1 tntlonsJ right. Inshott, I« ns look thn danrsr fair!; in the face;, Sooosaion is neither,-more nor less than revolution. It , may or may'not bo a justifiable revolution, hut etill it is revolution. . What, in the meantime, i« the responsibility and position ’of tbo Executive ?.Ho is bound by snlomn oath bofpre, God and tbc counlry "to take oaro that the laws bo, faithfully executed," and from this obligation Ate Oannob be absolved by any human power.’ Uuti wbal'it tho porformanco of this duty, in whole or in park has been rendered in]practicable by events over which he could have exproisod no control?, Sucbyat’ the present mo ment, is the, case throughout'the Stale of South Carolina, so far ns tbh iajvjfpf , lhp United States tu eecuro the administrationJ of justice by means of ;tho Federal Judiciary are concerned. • All thp Federal' within its limits, through ■whofici'ftgeitidy alone these laws can bo oartidd into execution, have,already resigned. We no longer have a district judge, a district attorney, or a mnrshal in South Carolina. In fact, the wholcmaohineryof the Federal Gov ernment, necessary fortlie’diatribution of re medial jusliefe among thej jpadple, has been,de ntolished; .and it would "lio. iliflioult, if ao t impossible to replace it. , ' The only actsofCbngtesspn the statute-book, beating upon this 1 subject',Ate those.of the 38th February, 171)0, hud 3d March, 1807. These authorize the President, after he shall have as: contained that the marshal with his posse oomi tatus is ; unable to execute-civil or criminal process ill ’any particular l phse, to call forth the militia and.einploy! the army and’ navy to aid him in performing this service, 1 having first by Proclamation commanded the insurgents “ to disperse and retire peaceably to their re spective abodes, within a limited time.” This duty cannot by possibility be, performed in a State where no judicial authority exists to issue process, and where , there is no marshal to exe cute it, and where; even if there were such , an officer, the entire,population would constitute one solid combination to resist him. ' , The bare enumeration, of these provisions proves hew inadequate they, are without further, legisla tion to overcome n united opposition in; a single State, not to speak of other States who may place themselves in a similar attitude. Congress alone has power to decide whether the present laws can or cannot be amended so os to carry out more ef fectually the objects of the Constitution. , Tlib same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. Th 6 revenue still continues to bo col lected, as heretofore, at tho custom-house in Charleston; and should the collector unfortunately resign,;*.successor may bo appointed to perform this duty. Then in regard to tho property of the United States in South Carolina. This has been purchased for a fair equivalent, “by the consent of the legis lature of, the State,” “for the ,erection of forts, magazines, arsenals," <to., and over these the au thority “to exorcise legislation” has boon expressly granted by tho Constitution to Congress. It is not behoved that any attempt will be made to expel the United States from this property by force; but if in this I should prove ,to ha mistaken, tho officer in command of tho forts has received orders to act strictly oa the defensive. In such a contingency, the responsibility for consequences woiild rightfully rest upon, the heads of the assailants. Apart from the execution of the laws, so far ns this may bo practicable, the Executive has no authority to decide what shall bo the rela tions between the - federal, government and I South Carolina, lie has been invested with no such discretion. He .possesses no power to change the relations, heretofore existing be tween them, much less to acknowledge the in dependence of that State. This would be to invest a,mere Executive officer with the power of rocegnizing the dissolution of tho Confed eracy,among our thirty-three sovereign States. Jt bears no Resemblance to tbo recognition ot‘ a foreign de facto government, involving no such’’ responsibility. . Any attempt to do this -would, ou his pari, bo a naked aot of usurpation. It is, therefore, my duty to.submit to Congress the whole ques tion in all its bearings., The course of events ts so rapidly hastening forward that the dmer goucry may sooii arise, when yoamuy be called upon to decide the momentous .hjoation whether yiilf poßUhhs pel a State lb remain in the Union. I.shoitldfeel myself recreant to my duty were 1 not to cx -1 press an opinion ou this important subject; ■ . The question fairly stated is .- Has the Con stitution delegated to Congress the power to coerce a; State into submission which. is at tempting to withdraw or lias actually with drawn from tho Confederacy ? • If answered in the affirmative, it.jiuist be oh the principle' that the power has-been conferred’ upon Con gress to declare and make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other depart ment of the Federal Government. It is mani fest, upon an inspection of the Constitution, 'that this is not among the specific and enume rated powers granted to Congress ; and it is Equally apparent that its exercise is not “ne cessary and proper for carrying into execution” any one of these powers. . So far from this power having been delegated to. Congress, it was expressly refused by tiie Conventionwhicli framed the Constitutiom. It-gippears, from the proceedings of that body, that on the iilst Jtay, 1787, the clause “authorizing ah exertion of the force of the whole against a,delinquent State” came up for consideration. Mr. Madison opposed it in a brief but powerful speech, from which 1 shall extract but a single - sentence, lie observed; “The use of force against a State would look more like a declaration of wav than an inflic tion of punishment; and would probably he considered by the party attacked as a dissolu tion af all. previous compacts by which it might bo bound;” , Upon hismotion file clause was unanimously postponed, and was never I believe again pre sented. Soon afterwards, on tho Bth of June, 1787, when incidentally adverting to the subject ho said: “Any Government for tho United I States, formed on the supposed practicability ■ of using force against the unconstitutional pro oeqdiitfgs of the States, would prove as visionary and fallacious as the government of Congress,” evidently, meaning the then existing Congress of the bid Confederation. Without descending to .particulars, it maybe safely asserted, that the power to make war against a State is at variance with the whole spirit and intent of tho Constitution. Suppose such a war should result in the conquest of a State, how are we to govern it afterwards ? Shall we hold it as a province, and govern it by despotic power ? In the nature of things wo could not, by physical force, control the will of the, people and compel them to elect senators and representatives to Congress, and to'perform all the other duties depending upon their own volition, and required from the free citizens of a free State as a constituent member of the Confederacy. But, if possessed of this power, would it be Wise to cxeroise lt under existing circumstan ces ? The object would doubtless bo to pre l serve the Union. War would not only present the most effectual means of destroying it;' but would banish all hope of its peaceable recon struction.. Eeaidea, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering future reconciliation be tween the States impossible. In themean time, who can foretell what would bo the suffering andi privation of tho people during its exis tence? . 'Hie fact is, that our Union rests upon pub lic Opinion, and can never be cemented by the blood of its citizens shed in civil wav. If it, oanjiot live in tho affections of the people, it mutt one day perish. Congress possess many means; of preserving it by conciliation; but the pword was not placed in their hand to pre serve it by force? Xl|it may I be permitted, solemnly to invoke my pountrymen to pause and deliberate before they determine to destroy this (i the grandest temple which has ever been dedicated to human freedom since the world begun ? It has boon consecrated by the blood of our fathers, by tho giorics -of the past, and’by the hopes of the future. Tho Union has already’made us the moot prosperous, and ere dong’. will, ff pro- Mmtl, render us (ho moot puworfninaHon on tl(o faoo °f thoom-tli. lii every'foreign region of the globe the title of American citizen is Jicla in high respect, and. when pronounced in a foreign land it causes the hearts of bur coun trymen to swell with honest pride. .. Surely, when we reach (ho brink of the yawning abyss we shall recoil with horror from (he last fatal plunge. By such a dread catastrophe the hopes of the friends of freedom throughout the world would bo destroyed, and a long night of laden despotism would enshroud the nations. Jur example for more than eighty years would not only'be lost, but it would be quoted ns a conclusive proof that man is unfit (Or self-gov eminent. . ' ° It i,3 not very wrong-nay, it is not .vary »rie vous wrong—whiob cun justify a resort lo'.uch a P - i™ 8 °“ bIU t 0 b " tho lnst (Jc “- pefato remedy of a despairing people, after every other constitutional means of conciliation had been exhausted. . Wo should reflect that under this free uovernment there is an incessant ebb and flow in public opinion. The slavery question, like every *'! bnve its dny ' 1 firml y believe that it has already reached and passed the culini- Dating point. But if, in the midst of the existing excitement, the Union shall perish, the evil rauv then become irreparable; Congress cun contribute innoh to avert it by proposing ami reoommonding to the Legislatures of tho several States tho remedy for existing evils, which tho Constitution has itself provided for its own preservation. This has been tried at different critical peripdsiof our history, and “ I . m , mineil t success. It is to ho found m the oth article providing for its own amendment. Under this article amendments have been proposed by two-thirds of both bouses of Congress,and hove been ratified by tho legislatures of tbrec-fourths of oAbo V CohsUmUoii. an ' l . C °”' ,ol '' ll!nt ' y beC ° mß P “ r ' s To-this process the country is indebted for tho clause prohibiting Congress from passing any law respecting an establishment of religion or abridging the freedom nf speech or-of the press, or of the right of petition. To this we are also indebted for the Bill of Bights which secures tho people against any abuse of power by the Federal Government., Snob were the apprehensions justly entertained by the friends • at that period as to have reu doped it extremely doubtful whether the Con stitution could have long survived without these amendments. Again, the Constitution was amended by the same process after.: the election of President Jefferson, by tho House of 'Representatives in February, 180 S, This amendment was ren dered necessary to prevent a recurrence of the dangers which had seriously threatened Hie -existence of the Government during the pen dency of that election. The article for its own amendment was intended to secure the amicable adjustment of conflicting constitutional ques tions like the present, which might arise be tween the. governments of the States and that of the United States. This appears from con temporaneous history. . In this connection, I shall merely call atten tion to a few sentences in Mr. Madison’s justly celebrated report, in 1799, to the legislature of /Virginia, la .this he ably and .conclusively defended the resolutions of the preceding leg islature against the strictures of several other /State legislatures; 'These were mainly founded upon the protest of the Virginia .legislature against the “ Alien and Sedition Acts,” as “palpable; ami alarming infractions of the Constitution.” In pointing out the peaceful and constitutional remedies; and he referred to none other, to which Hie'States were authorized to resort, on such occasions, he concludes by saying, “that, the legislatures of the States might have made it direct representation (o Congress, with a view; (o obtain, the rescinding ,U)f the two .offensive'..lots, or they might have represented to their respective Senators in Con gress their wish that two-thirds thereof would propose an explanatory amendment to tho Con stitution, or two-thirds Of themselves, if such had been their option, might, by an application to Congress, have obtained a convention for the same object.” This is the very course which I earnestly re '.AO.W!)tendjii_ oider.io .obtain, an.“explanatory [ amendment” of (he Constitution on. .the subject of slavery. Tins might originate with Con gress or the State legislatures, .'as may be deemed most advisable to attain the object. ' T,le explanatory amendment might be con fined to Hie final settlement of the true con struction of (lie Constitution on Hneo special points: ■ 1. An express recognition of the right of property in slaves in the States where ir. now exist or may hereafter exist. 2. The duty of protecting (his right in all the common Territories throughout their terri torial existence, and until they shall be ad mitted as States into the Union, with or with out slavery, as their constitutions may pre scribe. ’3. A like recognition of the right of the master to have his slave, who has escaped from one State to' another, restored and “delivered up” to him, and of the validity of the fngilivo slave law enacted fpr this purpose, together with a declaration that all State laws impair ing or defeating this right are violations of the Constitution, and are consequently null and void. It may be objected that- this construction of the Constitution has already been settled by the Su. promo Court ot the Unitod Stntos, and what more ought to In; required. . The answer is, that a very large proportion of the people, of tin; United States still contest the correctness of this dooision, and never will cease from agitation, and admit its bind ing force, until clearly established by the people of ■the several States in their sovereign character. Such an explanatory amendment would, it is bo ijeTddj forever terminate the,existing dissensions, and restore peace and harmony among tho States,. It ought not to he doubted that such an appeal to the arbitrament established by tho Constitu tion itself would bo received with favor by all the States of,tho Confederacy. In any ovent it ought to be tried in a spirit of conciliation before-any of those States shall separate themselves from tho Union. When I entered upon the duties of tho Presi. dential office, tho aspect neither of our foreign nor domestic affairs was,at all satisfactory. Wo were involved in dangerous complications with several nations, and two of our Territories wore in a state of revolution against tho Government. A restoration of the African slave trade had numerous and powerful advocates. Unlawful military expeditions were countenanced by many of our citizens, and wore suffered, in de fiance of the efforts of the Government, to es capefrom our shores, for the purpose of making war upon tlieuuoffondiug people of neighboring republics with whom w.e were at peace. ° In addition to these and other difficulties, we experienced a revulsion in monetary affairs, soon after my advent to power, of unexampled severity and of ruinous consequences to all the great interests of the country. When we take a retrospect of what was then our condition, and .contrast this with its material prosperity at the time of the late presidential election, we haye abundant reasbn'd.o return our grateful thanks to that merciful Providence which has never forsaken us as a nation in all'our nasi trials. ,' OUR FOREIGN RELATION, G.BKAT BRITAIN. Our relations,with Great Britain are of the most friendly character. Since the commence- ineat of'my administration, the two dangerous questions, arising from the Clayton and Bnlwcr treaty.and from.the riglit of soareh claimed by the British,'government, have been amicably and honorably adjusted. , , " The discordant construction of the Claylon j Bulwor treaty between the two governments, which' lit different periods of tho discussion, bore li threatening aspect, have resulted in a final settlement entirely satisfactory to this Government.! In roy annual message 1 informed Congress that the British government with the republics of Honduras and Nicaragua, in pur , sunnoe of the understanding between the two I governments. It is. nevertheless confidently expected that this good work will ere long be ac contelished.” ' This confident expectation has since bach fulfilled. Her Britanio i Majesty concluded a treaty with Honduras on tho 24th November) 1859, and with Nicaragua bn the 28th. August, 1800, relinquishing the Mosquito | prolct'lorale. Resided, by Hjo former, tho Bay islands arc recognized as a part of the republic of Honduras, it ratty be' observed that Jjie stipulatjops of'these treaties eonforrain every particular to the am'endments adopted by the Senate of the United States to the treaty con cluded at London on the'lDlh of October, 185 ti, between the two governments. It will be recol lected that I his treaty was rejected by tits Bri tish government because ofits objection do the just and important amendment of the Senate to the article relating to Iluafan and tin* other islands in the Bay of Honduras. ■ It must be a source of sincere satisfaction to all classes of our fellow-citizens, and especially to those engaged in foreign commerce, that t he claim on (lie putt of Great Britain, forcibly to visit and search American merchant vessels on the high sons in lime of peace, has been'aban doned. This was by far the most dangerous (ineslion to the peace of (he two countries which has existed since the war of 1812. Whilst it remained open, they might at anv moment have-been precipitated into a war. ’This was rendered matiifest by the exasperated state of public feeling throughout our entire country, produced by the .forcible scared) of-American merchant vessels by British.cruisers on the coast hi Cuba, in .the spring of 18'i8. Tin* American people hailed with general acclaim' the orders of the Secretary of the Navy to-our naval force in the'Gulf of Mexico, -‘to protect all vessels'of the United Stales on the high seas from search or detention by the vessels-of war of any other nation." ■' . These orders might have produced an imme diate collision between the naval, forces of the two countries. 1 This was most fort unalely pre vented by an appeal In. the justice-of Great Britain and to the law of nations as expounded by her own-most eminent Jurists. The only question of any importance which still remains open, is the disputed title between the two'governments to the island of San Juan, in the vicinity ot Washington Territory. As this qnes tton. is anil under negotiation, it is' not deemed advisable at the present moment ie make miv other allusion to tho subject. - The recent visit of the Prince dt" Wales, id ~r ; vato character, to tho people of tills country, ini,- proved to be a most auspicious event, tu its con sequences it cannot fail 'to 1 increase the . kindred and kindly feelings which X trust may ever actuate the government and people of both countries in their political and social intercourse with each other.' ' With France, our ancient and powerful ally; our relations continue to be of the most friendly char acter. A decision has recently been made by a French judicial tribunal, with the approbation of the imperial Government, which cannot fail to loster the sentiments of mutual regard that have so long existed between the two countries. Under, the French law no person can servo in the armies . of France unless be be a French citizen. . low of France recognizing the natural right of expatriation, it. follows as n necessary consequence that a Frenchman, by the fact, of having become a citizen of the Uniter! States, has changed his allegiance and has lost his na tive character. He cannot; therefore, he com pelled to servo in the French armies in case he should return-to his native country. Those principles were announced in ISiij by ilie French Minister of War,' and in two into cases have been confirmed by the. French judiciary. In these, two natives of France have been dis charged from tiie French army, because they .had become American citizens. To employ tho language of our present Minister to France, who has rendered good service on thisoccasion ’ “I do not think our Frenolt naturalized fellow citizens will hereafter experieiloe much nnuoy anee'on Ibis subject.”. I venture fdprediollhat the time is not far distant when tho other eouz tincmal powers will adopt the same wise and just policy which has done so ranch honor to the enlightened government of the Kmperor. In any event, our Government is bound to pro tect the rights of our naturalized citizens ev erywhere to the same extent ns though they had drawn their first breath in this coinf try. Wo c,aii recognize no distinction between -onr native and naturalized citizens. Between the great empire of llnssiu and (ho. United States the mutual friendship and regard which has so long existed stlUtcoiiimuos'ta prevrfil, and: if possible, to increase. Indeed,, our relations with that' empire arc all that wc could desire. Our relations with Spain are now of a more complicated though less dangerous character than they have been for many years. Our oitizelia have long held, and continue to hold numerous claims against the Spanish govern ment. • These had been ably .urged fora so-* ricsof years by our successive diplomatic rep resentatives at Madrid, but without obtaining redress.. . .The' Spanish- government finally agreed to institute a joint commission foi* tho adjustment of these claims, and on the.sth day . of March, ISGO, concluded a convention - for this purpose with'■•our present minister at Mad rid. Under this convention, what have been denominated tho “Cuban claims,’’ amounting to $128,686.44, in which move than one blind-' red of our fellow-citizens arc interested,' were recognized, and the Spanish government agreed to pay $lOO,OOO of this amount “within three months following tho exchange ofratifications.”" The payment of tho remaining $28,0;J.'J.&1 wW to await the decision of the commissioners for ot* against the “Amistad claim;” but in any ’ event, the balance was to be paid to the claim-• ants either, by' Spain or tho United. States.—' Those terms i have every reason to know-are* highly satisfactory to the holders of the Cuban lndeed, they have made a formal offer authorizing the &tate Department to settle these claims, and to deduct the amount of tho Amistad claim from the sums which they are entitled to receive from Spain. This offer, of course, cannot be accepted/ All other claims of citizens of tho United States against Spain, or of subjects of the Queen of Spain against the. United States, including tho “Amistad claim,” wore by this convention referred to a board of commissioners in tho usual form. Neither tho - validity of the Amistad claim nor of any other claim against either party, with tho single* excep tion of the Cuban claims, was recognized by the convention.’ Indeed, tho Spanish government,did not insist that tho validity of the Amistad claim should be thus recognized,, notwithstanding ini payment had been recommended to'Congress by two of my predecessors as well as by myself, and an, appropriation for that purpose had been passed by tho Senate of the iruiled'States. They were content that it should bo submitted to tfaebqard for .examination affd decision, like,the other Both governments were bound respectively to pav tho amounts awarded to the several claimants “a*i suoh'tiu)es*und places as may be fixed by and ac . cording to the tenor of said awards,” I transmitted this convention to the Senate for their constitutional action on thoSd May, IB6o,and on the 27 ib of the succeeding Juno, they deter mined that they would “uotadvise and consont”to . its ratification. These proceedings place our relations with Spain in an awkward and embarrassing position. It Is more than probablo that tho final adjustment of these claims will devolve upon my successor. . I reiterate tho recommendation contained in my Annual Message of December, ISSS, ami repealed In that .of December lSs9, in favor of tho acquisition of Cuba from Spain by fair purchase. I firmly believe that.such an acqui* silion would contribute essentially to thowell- being and prosperity of both countries in nil future time, as well as jirove the certain inenmi of immediately abolishing Iho African slave trade throughout tho world. X would not re peat this recommendation upon the present occasion, if I believed that the transfer of Cuba to tho Uuitcd Slates, upon conditions highly * I favorable to Spain, could justly tarnish the- I national honor oftbe. proud and ancient Spanish Monarchy. Surely no person ever attributed ; to tho first Napoleon a disregard of tho national honor of France, for transferring: Louisiana to the United States for a fair equivalent both in money and commercial advantages. AUSTRIA, AC. With llio Emperor of Austria, and the re naming continental powers of Europe, inolud ing that of the Sultan, our relations continue* to be of the most friendly charaoter.' FRANCK nusstA. SPAIN.
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