PRESIDENT'S MESSAGE.
Fttlout-Citizens of thf fknatt and House
of lirpresentativcs :
The continued disorganization of
tho Union, to which tho President has
to often culled tho attention of Con
grotn, i yet a subject of profound and
patriotic concern. Wo may, however,
find tome relief ft'Oin thai anxiety In
the reflection that the painful political
situation, although untried by our
selves, is not new in tho experience of
nation.
Political icience, porhaps aa highly
perfected in our own time and coun
try aa in any other, una not yet dis
closed any means by which civil wars
can be absolutely prevented ; an en
lightened nation, however, with a
wibo and beneficent Constitution of
free government, may diminish their
frequency and mitigate their sovcrity,
by directing all its proceedings in
accordance with its fundamental law.
When a civil war bus been brought to
a close, it is manifestly the first infor
mal and duty of the State to repair the
injuries which tho war has inflicted,
and to secure the benefit of the lessons
it teaches, as fully and as speedily as
possible This duty was, upon tho
termination of the rebellion, promptly
accepted, not only by tho Executive
Department, but by tho insurrection
ary States themselves, and restoration
in the first moment of peace, was be
lieved to be as easy and certain as it
was indispensable.
Tbo expectations, however, then so
reasonably a d confidently entertain
ed, were disappointed by legislation
from which I lelt constrained, by my
obligations to tho Constitution, to
withhold my assent It is, therefore,
a source- ol profound regret that in
complying with theobligation imposed
upon the President by the Constitu
tion, to give to Congress from timo to
time information of tho slate of the
Union, I am unable to communicato
any delinito adjustment satisfactory
to the Amorican people, of iho ques
tions which, since the close of tho
rebellion, have agitated the public
mind. On the contrary, candor com
pels me to declare that at this time
there is no Union as our fathers un
derstood the term, and as they meant
it to bo understood by us. The Union
which they established can exist only
where all the States are represented
in both Houses of Congress, "where
- one-State is as free as another to reg
elate its internal concerns according
to it will," and where the laws of the
central government, strictly confined
io matters of national jurisdiction,
apply with equal force to all the people-
of every section.
That such is not tho present "state
of tho Union" is a melancholy fiict,
and sll must acknowledge that the
restoration of the States to their prop
er legnl rclutions with the Federal
tiovormnent, and with one another,
according to tho terms of tho original
oompact, would be tho greatest tem
poral blessing which God, in his kind
est providenco could bestow upon this
nation.
It becomes our imperative duty to
consider whethor or not it is impossi
ble to effect this roost desirable con
summation. The Union and the Con
stitution are inseparable. As lonir as
one is obeyed by all parties, the other
will oo preserved ; and if one is de
stroyed, both must perish together.
Tho destruction of tho Constitution
will bo followed by other and still
greater calamities.
It was ordained not only to form a
taore perfect Union between tho States,
but to "establish justice, insure do
mestic tranquility, provido for tho
common defence promoto the eeneral
welfare, and secure tho blessings of
iioeny 10 ourseivos ana our postcri-
i x-i.: ; i- .. 1 ,.
vj. ruining uuv implicit ODCUICUce
to its requirements, In all ports of the
country, will accomplish those groat
ends. Without that obedience we can
4ook forward only to tho continual
outrages npon Individual rights, in
cessant breaches of the public peace,
national weakness, financial dishonor,
the total loss of our prosperity, the
foticral corruption of morals, and tho
nalcxtinctionof populor freedom. To
save our country from evils so appall
ing as these, wo should renew our ef
forts against and again.
To me the process of restoration
ocms perfectly plain and simple It
consist merely in a faithful applica
tion of the Constitution and tho laws.
Tho execution of the laws is not now
obstructed or opposed by physical
forco; thoro is no military or other
necessity, real or pretended, which
can prevent obedience to tho Consti
tution cither North or South. All the
rights and nil the obligations of St:to
and individuals can bo protected and
enforced by means perfectly consist
ent with tho fundamental hvw. The
court may be everywhere open, and,
if open, their process would bo unim
peded. Crimes agninst tho United
States can bo prevented or punished
by tho proper judicial authorities in a
manner entirely practicable and legnl.
Thoro is, therelbro, no reason why
the Constitution should not be obeyed,
anloss those who exorcise its powers
Lave determined that it shall bo dis
regarded and violated. Themcro na
ked will of this liovcrnmont, or of
some or more of its branches, is the
only obstacle that can exist to a per
fect Union of all the States. On this
momentous question, and somo of tho
measures growing outof it, I have had
themislortune todifl'or from Congress,
and have expressed my convictions
without reserve, though with becom
ing deference to the opinion of the
legislative Department.
Those convictions are not only un
fhsnged, but strengthened by subsc--nnent
events and further reflection.
The transcendent importance of the
abject will be a sufficient excuse for
ealling yonr attention to some of tho
reasons which have so strongly influ
enced my own judgment. Tho hope
-that we may all finally concur in a
mode of settlement consistent at once
with onr true interests, and with our
sworn
duties to the Constitution, is!
too natural and too just to be easily
relinquished.
It is clear to my apprehension that
the Statos lately in rebellion are still
membors of the National Union.
When did they cease to be so f The
Ordinances of Secession" adopted by
a portion in most of them a very
small portion o! their eilirena wre!
more nullities. If wi admit now lluit
thoy wer vnliii and effectual for the
purpose intended by their author, we
sweep trom under our feet ilio whole
irrouml upon which wo Justified the
war. Wore thoso Slates afterward
expelled from tho Union by tho war?
J lie direct contrary was averred liy
this government to bo its purpose,
and was so understood by thoso who
gnvo their blood mid treasure to aid
in its prosecution.
It cannot bo that a successful war,
waged for tho preservation of the
Union, bad tho legal effect of dissolv
ing it. Tho victory of tho nation's
arms was not tho disgraco of hor pol
icy ; tho defeat of Secession on tho
battlo-field was not tho triumph of its
lawless principles ; nor could Con
gress, will) or without tho consent ol
Iho J'.xocntivo, do anything which
would bavo tho effect, directly or in
directly, of separating tho States from
each other. To dissolve tho Union is
to repeal the Constitution which holds
it together, ond that is a power which
does not belong to any department of
this government, or to all of them
united.
This is so plain that it has been
acknowledged by all brnnchos of the
Fodcrul Government. The Kxocutivo,
my predecessor, as well as myself, and
tho beads of all tho departments bavo
uniformly actod upon the principle
that the Union is not only undissolved,
but indissoluble Congress submitted
an amendment to the Constitution to
be ratified by tho Southorn Slates, and
accepted their acts of ratification as a
necessary and lawful exercise of their
highest function. ' Jf they wcro not
Slutos, or wore States out of the Union,
thoir consent to a change in the fun
damental law of the Union would
have been uucralory, and Conirross in
asking it committed a political absur
dity.
The Judiciary ha also given tho
solemn sanction of its authorily to the
saco view of the case Tho Judges
of the Supreme Court have included
the Southern Slates in their circuits,
and they are constantly, in banc
and elsewhere, exorcising jurisdiction
which doos not belong to them, unless
thoso States are States of the Union.
If ibe Southern Stales are component
parts of tho Union, tho Constitution
is the supremo law for them, as it is
for all tho other Stales. They are
bound to obey it, and so are we. The
right of the Fodcrul Government,
which is clear and unquestionable, to
enforco the Constitution upon them,
implies the corclativo obligation on
our part to observe its limitations and
execute guarantees. Without tbo Con
stitution we are nothing; by, through
and under the Constitution wo arc
what it makes us.
. We may doubt tho wisdom of the
law ; we may not approve of its pro
vision, but we cannot violate it merely
because it seems to confine our pow
ers within limits narrower than we
could wish. It is not a question of
individual, or class, or sectional inter
ests, much less of party predominance,
but of duty of high and sacred duly
which wo aro all sworn to perform.
If we cannot support the Constitution
with tho cheerful alacrity of those
who lovo and boliovo in it, wo must
give to it, at least, tho fidelity ofpub
lio servants who act under solemn ob
ligations and commands which they
dare not disregard. The constitution
al duty is not tho only ono which re
quires the States to be restored ; there
is anothor consideration, which though
of minor importance, is yet of great
weight.
0I1JECT Or THE LATE WAR.
On tho 22d day of July, 101, Con
gress declared, by an almost unani
mous voto of both Houses, that the
war should bo conducted solely for
tbo purpose of preserving tho Union
and maintaining iho supremacy of
the Federal Constitution and laws,
without impairing tho dignity, equal
ity and rights of tho States or of indi
viduals, and that when this wusdono,
the war should cease. I do not say
that this declaration is personally
binding on thoso who joined in ma
king it, any moro than individual
member of Congress are personally
bonnd to pay a public debt created
under a luw for which they voted,
iiut it was a solemn public ofllcial
pledgo of the national honor, and I
cannot imagine upon what grounds
the repudiation of it is to be justified.
If it be snid that wo aro not bound
to keep faith with rebels, let it be
remembered this promise was not
mado to rebels only. Thousands of
truo men in tho South wore drawn to
our standard by it, and hundreds of
thousands in tho North gave their
lives in tho belief that it would be car
ried out. It wns made on the day
after the first great battle of tho war
bad been fought nnd lost. All patri
otic and intelligent men then saw the
necessity of giving such an assurance,
and believed thai without it tho war
would end in disaster to our cause.
Having given that assuranco in the
extremity of our peril, tho violation
of it now, in the day of our power,
would bo a rude rending of thai good
faith which holds tho moral world to
gether. Our country would oeaso to
have any claim upon tho confidence of
mon. It would make tho war not
only a iailuro but n fraud.
Jloing (sincerely oonvincod that
tbeso views aro correct, I would be
unfaithful to my duty if I did not re
commend the repeal of tho acts of
Congress which place ten of the South
ern States under thn domination of
military masters. If culm reflection
shall sstisfya majority of your horior
ablo bodies that tho acts referred to
are not only a violation of tho national
fuith, but in direct conflict with the
Constitution, I dare not permit myself
to doubt that you will immediately
strike it from tho statute book. To,
demonstralo tho unconstitutional"
character of those acts, I need do no
more thnn to refer you to thoir gen
eral provisions. It must bo seen at
onco that they aits not authorized. To
dictato what alterations shnll bo mado
in the constitutions of the several
States; to control tho elections of tho
Stute legislators and Stato officers,
members of Congress and clecters of
President and Vice President, by ar
bitrarily declaring who shall vote ami
who shall be excluded from that pri
vilege ; to dissolvo Stato legislatures,
or prevent them from assembling; to
dismiss judges and othnr civil func
tionaries of the Pta'e and appoint oth-
era, without regard to Stato law ; to i
organize, and operate all tho political'
machinery of the States; to regulate!
tho whole administration of their do
nieslio nnd local affair according to!
the ntero will of strange and irrespon- j
siiilu agepts sent among them for that
purpose.
J hrso nro powers not granted to the
Federal Government, or to an v ono of
Its branches; not being granted, wo
violate oar trust by assuming them
as palpably as ho would by acting in
the luce of a positive interdict, tor tho
Constitution forbids us to do whatever
it does not affirmatively authorize,
even by express words or by clear
implication. If the authority wo do
Biro to use does not como to us through
.the Constitution, we can exercise il
only by usurpation, and usurpation is
ono of the most dangerous of political
crimes. Jly that crime the enemies of
free government in all iiges have
worked out thoir designs aguinst pub
lic liberty and private right. It leads
directly and immediately to the estab
lishment of absolute rule ; for undele
gated power is always unlimited and
unrestrained.
Tho acts of Congress in question
aro not only objectionable for their
assumption of ungrantud power, but
many of their provisions are in con
flict with tho direct prohibitions of
tho Constitution. Tho Constitution
commands that a republican form of
government shall bo guarantied toull
tho States ; thai no person shall he
deprived of life, liberty or property,
without due process of law ; arrested
without a judicial warrantor punish
ed without a lair triul before an im
partial jury; that tho privilege of
habeas corpus shall not bo douied in
time of peace, and that no bill of
attainder bluill bo passed even against
a singlo individual. Yet tho system
of measures established by these ucls
of Congress does totally subvert and
destroy tho form as well as tho sub
stance of republican government. In
the ton Status to which the' apply it
binds them hand and foot in ubwfuto
sluvory, and subjects them toabtrungo
and boslilo power more unlimited and
more likely to be abused than any
other now known among civilized men.
It tramples down all thoso rights
in which the essence of liberty con
sists, and which a free government
is always most careful to protect. It
denies the habeas corpus aud triul by
jury. Personal freedom, property
and life, if assailed by the passion, the
prejudice or tho rapacity of tho mler,
huvo no security whatever. It bus
the effect of a bill of attainder, or bill
of pains and penalties, not upon nfew
individuals, but upon whole musses,
including the millions who inhabit
the subject States, and even their un
born children. Those wrongs being
expressly forbidden cunnot bo consti
tutionally inflicted npon any portion
of our peoplo, no matter how they
may have coino within our jurisdiction
and no matter whether thoy livoin
Stutcs Territories or Districts.
I have no desire to save from the
proper and just consoquenecs of their
great crimo thoso who engaged in re
bellion against tho government, but
as a mode of punishment, tho meas
ures under consideration aro tho most
unreasonable that could bo invented.
Many of those porsons are perfectly
innocent. .Many kept their fidelity
to tho Union untainted to tho last.
Many were incapable of any legul of
fence A large proportion even of
the persons able to bear arms were
forced into rebellion against their will,
and of thoso who nro guilty with their
own consent, the degrees of gnilt nro
as various as tho shades of their char
actor and temper.
Hut these nets of Congress confound
thorn nil together in one common
doom. Indiscrimiiiato vengeance
upon classes, sects, and parties, or
upon whole communities for offences
committed by a portion of thorn
against the government to which they
owed obedienco, was common in the
barbarous ages of tho world. Hut
Christianity and civilization have
mado such progress, that recourse to
a punishment so cruel and unjust
would meet with tho condemnation of
all unprejudiced and right-minded
men. The punitive justice of this age
and especially of this country', docs
not consist in stripping whole States
of their liberties and reducing nil their
people, without distinction, to tho
condition of slavery. It deals separ
ately with each individual, con 11 nes
itself to tho forms of law, and vindi
cates its own purity by an impartial
examination of every case before a
competent judicial tribunal.
If this docs not satisfy all onr de
sires with regard to Southern rebels,
let ns consolo ourselves by reflecting
that a freo Constitution, triumphant
in war nnd unbroken in peace, is worth
far moro to lis and our children than
the gratification of any present feeling.
I am aware il is assumed that this
system of government of the Southern
Stufes is not to bo perpetual. It is
truo this military government is to be
only provisional, but it is through this
temporary evil thut a greater evil is
to bo mado perpetual. If the guaran
ties of tlio Constitution can bo broken
provisionally to servo n temporary
purpose, ami in part only of the coun
try, we can destroy them everywhere,
nnd for all time Arbitrary measures
often change, but they generally
change for tho worse. It is tho curse
of despotism that it has no hulling
place Tho intermitted exercise of
its power brings no sense of security
to its subjects, for they can never
know what moro they will be called
upon to enduro when its red right
hand is armed to plague them again.
Nor is il possible to conjecture bowor
where power unrestrained by law may
seek its next victims. Tho Slates
that aro still freo may be enslaved at
any moment, for if tho Constitution
does not protect nil it protects none.
It is manifestly ami avowedly tho
object of theso laws to confer upon
negroes the privilego of voting, nnd
to disfranchise such a number ol white
citizens as will give tho former a clear
majority at all elections In tbo South
ern Slates. This, to tho minds of some
persons, is so important, that a vioJa
Iiition of tho Constitution is justified
as a means of bringing it about. Tho
morality is always false which excuses
a wrong because il propose to accom
plish a desirnblo end. Wo nre not
permitted to do evil that good may
come But In this cae the end itseif
is owl ns well us the hiiiiin, 'Ibe
subjugation of Slates to nrg'n iom:.
tuition would bo worse than the mili
tary despotism under which Ihey aro
now suffering. It w ns believed before
hand thai the people would endure
any amount of military oppression lor
any length ol time, rattier than tie-,
grade themselves by subjugation to
tho negro race. Therefore they have
been lelt without a choice.
Negro sufliago was established by
net of Congress, nnd tho military offi
cers were commanded to superintend
tho process of clothing the negro race
with political privileges lorn from
whito men.
Tho blncksof the South aro entitled
to be well and humanely governed,
nnd to have tho protection of just
laws for all their rights of person and
property. If it wero practicable, lit
this timo to give them u government
exclusively their own, unuer which
the)' might manage their own ufl'uirs
in thoir own way, il would become a
gravo question whether wo ought to
do so, or whether common humanity
would not require us to save them
from themselves.
Hut, under tho circumstances, this
is only a speculative point, k is not
proposed merely that they shall gov
ern themselves, but that they' shall
rulo the white, race, miilio and admin
ister Stato laws, elect Presidents and
members of Congross, and shape, to a
greater or less extent, tho future des
tiny of tho whole country. Would
such a trust and power be safo in such
hands ? Tho peculiar qualities which
should characterize 11113 peoplo, who
are fit to decide upon tho management
ot public alt. ins lor a great Mute, nave
seldom been combined.
It is the glory of white men to know
that they bavo had theso qualities in
sufficient measure to build upon this
continent a great political fabric, nnd
to preserve its stability for more than
ninety years, while in every other
part of the world all similar experi
ments have failed. Hut if anything
can Le pi o veil ly known fuels; it all
reasoning upon evidence is not aban
doned, it must be acknowledged that
in the progress of nations r.egrocs
have shown loss capacity for govern
ment than any olhcT raco of people.
No independent government of any
form has ever been successful in their
hands. On tho contrary, wherever
they bavo been lift to their own devi
ces they bavo shown a constant ten
dency te relapse into barbarism.
In tho Southern States, however,
Congiess has undertaken to confer
upon them the privilego of tho ballot.
Just released from slavery, it may be
doubtful whether, as a class, they
know, more than their ancestors, how
to organize and regulate civil society.
Indeed, it is admitted that the blacks
of tho South ure not only regardless
of tho rights of property, but so utter
ly ignorant of public; affairs that I'nelr
voting can consist, in nothing more
than curbing a ballot to the place
where they aro directed to deposit il.
I need not remind you that, tho ex
ercise of the elective franchise if the
highest attribute of an American citi
zen, and when guided by virtuo, in
telligence and putriolism.andu proper
appreciation ot our tree institutions, it
constitutes tho true basis of a demo
cratic form of government, in which
tho sovereign power is lodged in the
body of the peoplo. A trust artificially
created, not for its own sake, but
solely as a means of promoting tho
generul wellaro, its influence for good
must necessarily depend upon thu cle-
valud character and truo allegiance of
the elector; it ought, therefore, to be
reposed in none except those who ure
tated, morally ami mentally, to nd-
minister it well, for if conferred upon
persons who do not justly estimate its
value, and who arc imlilU renins to its
results, it w ill only servo us a means
of placing power 111 tho hands of the
unprincipled and ambitious, and must
eventually end in tho complefo de
struction ol that liberty which it
should be tho most powerful conserv
ator. I bavo, therefore, heretofore
urged upon your attention the great
danger to bo apprehended froni'nn
untimely extension of tho elective
franchise to any new class in onr
country, especially when the large
majority of that class, in w ielding the
power thus placed in their hands, can
not bo expected correctly to compre
hend the duties nnd rcponsibiliiics
which pertain to suffrage. Ycsler-
day, as il were, four millions of j lion ot prescribed rules, which we
persoi.s wero held in a condition ol' bind ourselves to observe, must de
slavery that had existed for genera-; moralize tho peoplo. Our only stand
stills. To day they nro freemen, and I ard of civil duty being set nt naught,
aro assumed by law to bo citizens. It tho sheet nnchor of our jKiliticul
cunnot bo presumed from thoir provi-1 morality is lost, tho public conscience
ons condition of servitude that ns a ! swings from its moorings, and yields
class they aro ns well informed as to 1 to every impulse of passion and inter
tbo nature of our government as the j est. If wo repudiate tho Constitution
intelligent loreigner w no mnUes om-i
land tho land of his choice.
In tho case of tho latter, neither
a residence of five yeBrs northeknowi
edge of our institutions which It gives.
nor attachment to the principles ol
the Constitutions are tho only condi-1
lions upon which bo can be admitted
to citizenship. Ho mtisl prove, in ad
dition, n good moral character, and
thus give reasonable ground for the
belief that bo will bo faithful to tho
obligations which bo assumes as a
citizen of tho Kepublio. Where a peo
plo, tho Bource of all political power,
speak by their suffrages through the
instrumentality of the ballot-box, it
must bo carefully guarded againsf the
control of thoso who aro corrupt in
principle ami enemies of free Institu
tions, for it can only -become to onr
political ami social system a safo con-
uucior 01 healthy popular sentiment
when kept free IWrni demoralizing in-
fluencer. Controlled thrnui'h fraud ;
nnd usurpation by the designing nn-j nnspcakahlo calamity, that every true
archy nnd despotism must inevitably j patriot must desire to avoid whatever
follow. In tho hnnds of tho patriotic might expose it to the slightest dan
nml .worthy our government will bo per. Tho great interests of tho coun-
preserved upon tbo principles of the
v unsimiiioii inncriicj irom onr lath-
ers.
ll lollows, thrrclorc, that In admit
admit-1
class of
'xerciso i
ting to tho ballot-box a new
voters, not qualified for tho exercise
r ii.. .1 rf. ..
in mo elective iranemso, we wonicen
our system ol government instead of ,
adding strength nnd durability.
ih.i l'rOV" .,n "T '"'""V.
lis.lnl' . .K,,"C? ,- B
11? rl T. n 1 Vl i; V Y i I
I S?Lrta , hi h "-ed
hitherto, which makes the ballot a
privilege and a trust which renuiros
of some cls..es a timo smtabfe for
probation ami preparation. To give
It lii'lin-iiminal' Iv to a new rill",
wholly unprepared by previous biibils
Bint opportunities to perform the trust
whiih it demands, is to degrade it.
and finally destroy lis power, for it
may be safely assumed that no politi
cal tiuth Is better established In an
thai such indiscriminate ami all cm
bracing extension of popular suffrage
must end at lust in its overthrow and
destruction.
1 repeat tho expression of my wil
lingness to join in any plan within
thu scope of our constitutional author
ity which promises to better tho con
dition of the negroes in tho Sout h, by
encouraging them in industry, enlight
ening their minds, improving their
morals and giving protection to ull
their just rights as freemen. Hut Iho
transfer of our political inheritance to
them, would, 111 my opinion, bo an
abandonment of a duty which wo owe
aiiko to the memory of our fathers
ami tho rights of our children.
The plan of putting tbo Southern
Slates wholly, nnd the General Gov
ernment partially, into tho hands of
negroes, is proposed at a time pecu
liarly unpropiliouH. Thu foundations
of society huvo been broken up by
civil war. Industry must bo reorgan
ized, justioo rc established, public crcd
it maintained, nnd order brought out
of confusion. To accomplish theso
ends would requiro ull tbo wisdom
and virtuo of tho groat men who
formed our institutions originally. 1
confidently believe that Ihcir descend
ants will bo equal to the arduous tusk
before them ; but it is worso than
madness to expect thut negroes will
perform il for us. Certainly wo ought
not to ask their assistance until we
despair of our own competency. Tho
great difference between the two races
in physical, mental and moral charac
teristics will prevent an amalgama
tion or fusion of them together in ono
homogeneous mass. If the interior
obtains the ascendency over tho other,
il will govern with reference only to
its own interests for it will recognize
no common interest and create such
a tyranny us this Continent bus never
yet witnessed. Already the negroes
arc influenced by promiso of confisca
tion and plunder; they nro taught to
regard as an enemy every white man
who has any respect for tho lights of
his own race. if tins continues it
must become worso and worso, until
all order will be subverted, all indus
try cease.-and the fertile fields of the
South grow up into a wilderness. Of
ull tho dangers which our nation has
yet cnoountcrod, nono ure equal to
thoso which -must result from the suc
cess of tho effort now making to Afri
canize the half of our country.
I would nov put considerations of
money iu competition. ith jnslico and
right, but iho expenses incident to
ricOhst ruction under tho system adopt
ed by Congress aggravate what I re
gard us tho intrinsio wrong of the
measure itself. It has cost uncounted
millions already, and if persisted in
w ill add largely to tho weight of tax
ation already too oppressive to be
homo without just complaint, and
may finally reduce tho treasury of the
nation to a condition of bankruptcy.
We must not delude ourselves. It w ill
requiro a strong standing army, and
probably moro than two hundred mil
lions of dollars per annum to maintain
the supremacy of negro governments
after they aro established. Tho sum
1 thus thrown away would if properly
used, form asinking fund lurgo enough
to pay tho wliolo national debt in less
than fifteen years.
It is vain to hope
1 that negroes will
maintain their as-
J eendoiicv themselves. Without mili
tary pow er they are wholly incapable
I of holding in subjection tho white
people of the South. 1 submit to the
judgment of Congress whether the
, publio credit may not bo injuriously
affected by a system of measures like
this. Willi our debt, nnd tho vast
privato interests which are complica
ted wilh it, wo cannot bo loo cautious
of 11 policy which might by possibility
impair tho confidence of the world in
onrgoveiiiment. Thut conlideneccun
only bo retained by carefully incalcu
laling the principles of justice nnd
honor on the popular mind, nnd by
the most scrupulous fidelity to all our
engagements of every sort." Any seri
ous breach of the organic law, per
sisted in for a considerable time, can
not but creata fears for tho stability
01 our Institutions. Habitual viola
wo will not bo expected to care much
for mere pecuniary obligations.
The violation ol such a pledgo as
wo mado tn tho 2L'd of July.'lSlil,
will assuredly diminish tho market
value of our promises; besides, if we
now neknowiedgo thai the national
tlcbt was created, not to hold the
States in tho Union, as the tax-payers
wero led to suppose, but to expel them
from it nnd hand them over to he gov
erned by negroes, the morul duty to
pay it seems much less rleur. I say
it may seem so, for I do not admit
that this or any other argument in
fuvor of it pndiutioti can be enter
tained as sound; but its influence on
some classes of mimN may well be
apprehended. The financial honor of
a great commercial nation, largely in
debted, and with a republican form of
government administered by ngents
of Iho popular choice, is a thing of
such delicate texturo, and tho destrtic
tion of it would bo followed bv such
try require imniodiiiterolicf frcm those
onurimcnis.
mcnts Husiiioss in the South is .
lyzed by sense of general mse-1
para
ctirity, a terror of eocfisc.it ion and the
dread of negro supremacy.
I ho Southern trade, from wh rli dm
v ,,l 1. 1 1 ' "
iXolth h.ivn derived mi irmn mm. 1
ioiin navo ticrivcu so great a I
under a government of law, still Ian-
. ....,.. ,.,, ,
g.iishes, and can never be revived
T U r to -oietteretl by tho
rl..trry power whtrh m.k. all its
"P"-at,o,,s unsafe. That rich country,
the richest ,n national resource, the 1
world ever saw. is worso than loi if:
it be not soon placed nnt.er the pro!
tecfion ofa free Constitution. Inst.ad I
of being, it it ought Io he. n source of
wealth and pow er, it w ill I ccome mi
intolerable Imrdi 11 upon the I'i'st of
the nation.
Another reason for lelrucing our
step will doubtless be seen by Con -
gress In the lato manifestations of
public opinion upon this subject. Wo
livo in a country whero popular will
always enforces obedience to itself,
sooner or later It is vain to think
of opposing it with anything Bhort of
legal authority, backed by overwhelm
ing force, ll cannot have escaped
your attention thut, from tho day on
which Congress fairly and formally
presented tho proposition to govern
the Southern Suites by m'litary force,
with a view to the iiltimulo establish
ment of negro supremucy, every ex
pression of tho generul sentiment has
boon moro or less averse to it. The
allections of this generation cannot be
detached from tho institutions of their
ancestors. Their determination to
preserve the inheritance of free gov
ernment In thoir own hands, and trans
mit it undivided and unimpaired to
their own posterity, is loo strong to
be successfully oppescd. Kvory weak
er passion will disappear before that
love of liberty and law for which the
American peoplo are distinguished
abovo all others. in tho world.
How far tho duly of tho President
"to preserve, protect und defend the
Constitution" requires him to go on
in opposing un unconstitutional act
of Congress, is a very serious and im
portant question, on which I have de
liberated much and felt extremely
anxious to reach a proper conclusion.
Where an uct has been passed accord
ing to tho forms of the Constitution,
by tho supremo legislative authority,
and is regularly enrolled among the
public statutes of the country. Execu
tive resistance to it, especially in time
of high party excitement, would bo
likely to produco violent collision be
tw ocn the respective adherants of the
two branches of tho government. This
would bo simply civil war. and civil
war must bo resorted to only as tht last
remedy for the worst of evils. W hat
ever might tend to provoke it should
bo most carefully avoided. A faithful
and conscientious magistrate will con
cede very much to honest error and
something even to perverse malieo
before be will endanger tho public
peace, ana he will not adopt forcible
measures, or such us might lead to
force, as long as those which are peace
able remain open to him or to bis cou
stiluonts.
Ti 1 t .i . . .. .
" "v in.u cose may occur iu
which tho hxecutivo would be com.
I polled to stand on its riuhts. and main
1..;.. i ? ,.
mui Hum rcgnruicbs 01 uii consequen
ces. If Congress should pats un uct
w uicu is nui tuny mpaipaoio Connie .
wnn too i.onstiiuuoii, bul will cer
tainly, if carried out, produce immedi
ate and irivpnrublo injury to the or
ganic structure of tho government,
una 11 there to neither ludicial rome
dy for tbo wrongs it inflicts, nor power
iu tho peoplo to protect themselves
without the official uidof their elected
defender ; if, for instance, tho Legis
lative Department should pass un
uct, ovon through all the forms of luw.
to abolish a coordinate department of
1110 government, in sucli a case the
President must take tho hiirh resnons-
ibilitios of his offieo, and bavo tho life
ol tho nation lit ull hazard.
The so-culled He-construction acts,
though plainly unconstitutional us any
thai can be imagined, were uot boliev
ed to be within tho class last mention
ed. The peoplo were not wholly dis
armed of tho power of self defence. In
ail tho Northern Statos thev still
held in their bunds tho sacred rights
of tho ballot, and il was safe to behove
thut in duo time they would come to
mo rescue ol their own institutions.
It gives me pUasuro to add that the
appeal to our common constituency
wus not taken in vain, and that my
confidence in their wisdom nnd virtue
seems not to buve been misplaced.
It is well nnd publicly known that
enormous irauds huvo been nertie
tratcd on tho Treasury, nnd that co
lossai loriunes huvo been made at
tho public expense; this species of
corruption has increased. is incrcasintr.
and, if not diminished, will soon bring
us iiiiu ioihi ruin nna uisgrnee. I ho
public'creditors and the tax-payors aro
alike interested iu an honest adminis
tration of tho finances, and neither
class will long enduro the high-handed
robberies th.st have recently occurrod.
For this discreditable state of things
thero nro several causes. Some of the
taxes nro so laid us to present an irro
sistiblo temptation to elude payment.
The greut sums whirli officers may
win by connivance at fraud, crcato a
pressuro which is more than tho vir
tue of many can w ithstand, and there
con be no" doubt thnt tho open dis
regard of constitutional obligations
avowed by somo of tho highest and
most influential men in the country,
has greatly weakened tho moral sense
of those who servo in subordinate
places. Tho expenses of the United
States, including interest on the pub
lic debt, nro more than six times ns
much as they wcro seven years ago.
To collect and disburse this vast
amount requires careful supervision,
as well as systematic vigilance. The
system, never perfected, was much
disorganized by the "Tenure of Oflice
bill," which hns almost destroyed
official accountability. The President
may bo thoroughly convinced that an
officer ia inrnpablo, dishonest and un
faithful to thu Constitution, but. under
the luw which 1 have nnmed, the ut
most bo enn do is to complain to the
Senate, and ask the privilege of sup
plying bis place w ith a belter man.
If the Srnato bo regarded as person
ally or politically boslilo to tho Pre
sident, it is naturally and not alto
gether unreasonable lor tho officer to
expect thnt it will take his part as far
as lioBsiblo. restore him In hii nliu
and give him a triumph over his Kx -
ecutive superior. Thooffinprhnsnihnr
chances of impunity, arising Irom ao-
cidenlal defer! of evidence, tha ,ude
.l ;..nti.. u ... i .1
, ......... iB inn. uio secrcsy oi
iU 1. :
,,, ,,, , ii, ia mil won
t wonderful that
official malfeasance h,...l,l Ke,,
bold in proportion ns tho delinm.onu
think themselves safe. I am entirely
persuaded that under such a rulo the
.'resident cannot perform the great
duty assigned to iiim of seeing tho
U.... r..;i.r..n .-j -j .1-.
i.:i. . i- i - . . .
dales' ,n v IZ !
fort that nm..M!,.T bio
j poeesi-arv toi the due execution 1 f il
' rcveiine ia w .
. The Oio-ti:ulion invest tin- pu.,
jdelit w ilh iutlio ,ty to decide u .j
removal should he made in aiiv
' given esse; the at I ol Congie J.j.li,,
j i" snlmtunre thut he shull only ,.,
; such us lio supposes to lie unw 01 thy uf
110:11 Hunt.. I IMJ l onsMlllllOU Uiaki
him the sole Judge in tho lirein
1 .u.. .1 '. .
mi iou ruitiuiu iani'8 away nig pir;(
diction, transfers it to tho Senate, aid
leaves him nothing but thooilious,
sometimes impracticable, duly in b.
coining a pr secutor. The prum cutios
is to bo conducted bef r a tiihimul
whose member are not, like him, to
sponsible to tho whole peoplo, but to
sepurato constituent bodies, and who
may hear hi accusation with grut
disfavor. Tho Senate is absolute!?
without ny known stundurdof decij.
ion applicable to such a case lu
judgment cannot bo autiuipatoj, Ut
il is not governed by any rulo.
Tho law does not defino what ihall
bo deemed good causo for removal ;
it i impossible even to conjettur
what may or may not he so consider,
ed by tho Sonute. The nature uf the
subject forbids clear proof. If tin
charge bo incapacity, what evidence
.-11 . : . 4 L-:.li:. .t.
will support, ill a luuiiiy iu w-uiuf).
stitutioii may bo understood or mis
understood in a thousand different
ways ; and by violent mon, in violent
party times, unfuilhfulness to the IW
stitution may cvon como to bocomid
ercd meritorious. If tho officer bo ac
cused of dishonesty, how shall it bo
made out ? Will il bo inferred from
acts unconnected with public duty,
from private hibtory, or from general
reputution f Or must tbo President
await tho commission ofar. actual
misdemeanor in office f Shull ho, iu
the meantime, risk tho character aud
interest of tho nation in the hands of
men to whom be cannot give bis con
fidence f Must bo forbear bis com
plaint until tho mischief is done and
cannot bo prevented? If bis zeal iu
the public service should impel him to
anticipate tho overt act, musthemovs
at the peril of being tried himself for
the offence of slandering his subordi
nate? In the present circumstance!
of tho country, some one must be held
responsible for official delinquency of
every kind. It is extremely difficult
to say where that responsibility bhouU
be thrown, if it be not left where it
has been placed by tho Constitution.
Hut all ium men will admit thut the
President ought to be entirely reliovod
from such responsibility, if be cannot
meet by reason of restriction placed
by law upon hi action.
Tho nnrestricted power of removal
from office is a vory great one to bo
trusted cron to a Magistrate thostn
by the general suffrago of the whols
people, and accountable directly to
them for his acts. It is uudonblotiijr
b'ablo to abnse, and at some period!
of our history perhaps has been abused.
If it be thought dusirablo and consti
tutional thut it should be so limited
as to mako tho President, merely s
common informer againsl other pub
lic agents, be bhould at least be per
mitted to uct in that capacity before
somo open tribunal, independent of
party politics, ready to investigate
the merits of every caso, furnished
wilh tho means of taking evidence,
und bound to docido accordiug to
established rules. This would guar
antee tho safety of the accuser whea
be acts in good fiiilh, aud at the same
timo secure the rights of the other
party. I speak of courso with all
proper respect for the present Senate,
but it does not seem to ino that any
legislative body can be so constituted
us to insure its fitness for theso func
tions. it is not the theory of this Govern
ment that public oificoi are the prop
erty of those who hold them. Thoy
aro given merely as a trust for the
public benefit, sometimes for a fixed
period, sometimes during good beha
vior, but generally they aro liable to
bo terminated at iho pleasure of the
appointing power, which represents
the collective majesty and speak tbo
will of tho people. The forced reten
tion in oflice of afinglo dishonest per
son may work greut injury to tho
public interests. Tho danger to tho
public service comes not from tU
power to remove, but from tho power
to appoint. Thereforo it was that th
Ira mors of tho Constitution left tho
power of removal 11 ores trie tod, -while
1 hey gave tho Senate a right to reject
all appointments which, in its opinion,
wero not fit to bo made. A little
reflection on this subject will probably
satisfy nil who have the good of the
country at heart that our best course
is to take the Constitution for our
guide, walk in the path marked out
by the founders of Iho Kepublio, and
obey tho rules made saored by th
observance of our great predecessor.
i he present condition ol our Imniicos
and circulating medium is one to
which your early consideration i in
vited.
Tho pioportion which the currency
of any country should boar to th
whole vnluo of the annual produce cir
culated by it moans is a nuo ion
upon w hich political economists have
not agreed. Nor can it be controlled
by legislation, but most bo lelt to the
irrevocable laws which ovorywlier
regulute commerce and trado. Tho
circulating medium will ever irresisti
bly flow to thoso points w here it is
greatest demand. Tbe law of supply
I and demand is a unerring a that
which regulates the tides of tho ocean;
and indeed currency, like tho tmo,
has its ebbs and flows throughout th
commercial world.
At the beginning of the rebellios
the bnnking circulation of tbo country
amounted to not more than J'-'OlUW.-(Kill;
now tho circulation of National
Hank notes and those known a "leg'
tenders" is nearly i;oil,lHK,Ol)U. Wail
j it is urged by somo that this smount
I aim,. 1. 1 l.A i..... .... .. I v.iilnni
1 that a decided roduction is ubsolulalj
I .,.niii i iu k... nf lit
country. In view of these divers
opinions, it may be well to ascoruia
..' .' . ' .. 5
, me reui value ot our paper isu,
I . . . I I ,,.
when compared wilh a tnetallio or
I ,r,ril,iJ .. w. ,1.;. nur
! nose lt . innm-e .,.h . mid and
'.. ........ .
silver could be purchased by tin
7.K.U0,lKH) of paper money now ia
circulation f Pill ably ool .nor. th"
half tho amount of the latterhow
.1 . . 1.
cp.wlTir. .