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.