3
ob Sinting *
MCP 12157 1. 0113412 r
w EDCMICICUTALP.CPUCEMa.
Aay and Prows AIM at the
ADMTISEI, OTTICE, LizuroN, PgifirA
Tau establiehment Is now supplied with an palatines
assortment of JOB TYPE, which will be Increased aa the
patronage deinande, . It can now turn out Panenno, of
.tars doscriPtloni 10 a neat and expeditious manner—
and Oh sari reasonable terms. Inch as
Piunphlets, Cheops,•
liminess Cards, Randbdlls,
Circulars, Labels,
Bill Readings, Blanks,
Programmes, Bills of Fare,
Invitations, Tickets, itc., ke.
/artisan' of all kinds, Common and Judgment Bonne.
leltool, Justices', Constables' and other Cuss*, printed
correctly and neatly on the beet paper, eminently kept
for sale at this office, at prices "to cult the times..
••• anbeeriptlon price of the LEBANON ADVERTISER
One Dollar and n Ilea a Year.
Address, Wm. Id. Baseun, Lebanon, PR.
PRESIDENT'S MESSAGE.
Palo/ eilinlitt of the Ssiate and lbnisa of Wipment4
Kam:
'throughout the year since our last meet
ing, the country has been eminently pros
perous in all its material interests. The
general health has been excellent, our har
vests have been abnndant,and plenty smiles
throughout the land. Our commerce and
manufactures have been prosecuted with
energy and industry, and have yielded fair
end amide returns, In short, no nation in
die Ha of time has ever presented a spec-
Itatie of greater material prosperity than we
!have done until within a very recent pe
riod
Why is it, then, that discontent now so
Itatensirelly prevails, and the Union of the
litates, which is the source of all these bias
,sings, is threatened with destruction ? The
long-continued and intemperate interfe
orence of the Northern people with the
'question of slavery in the Southern States,
'has at length produced its natural effects.
'The dilbrent sections of the Union are now
arrayed against each other, and the time
%as arrived, so much dreaded by the Father
Whig Country, when hostile geographioal
fparties have been formed. I have long
oreseen and often forewarned my country
men of the now impending danger. . This
does not proceed solely from the claim on
the part of Congress or the territorial legis
latures to exclude slavery from the 'ferrite,-
ries, nor from the efforts of different States
Ito defeat the execution of the fugitive slave
law. All or any of these evils m ght have
been- endured by the South without danger
to the Union, (as others have been,) in the
!hope that time and reflection might apply
the remedy. The immediate peril arises not
•so much from these causes as from the fact
'that the incessant and violent agitation of
the slavery question throughout the North
tor the last quarter of a century, has at ;
length produced its malign influence on the •
shires and inspired them with vague no-
Clem Of freedom. Hence a sense of sects- 1
rity no longer exists around the family al. ,
tar. This feeling of peace at home has
/Wen place to apprehensions of servile in-
Aurrection. Many a matron throughout
ithe South retires at night in dread of what
*nay befall herself and her 'children before
the morning. Should this apprehension of
&nestle danger,whether real or imaginary,
,extend and intensify itself until it shall per
vade the masses of the Southern people,
-then disunion will become inevitable. Self
preservation is the first law of nature, and
has been implanted in the heart of man by •
his Creator for the wisest purpose ; and no
political union, however fraught with bles
sings and benefits in all other respects, can
long continue, if the necessary consequence
be to render the homes and firesides of
meetly half the parties to it habituallyand
'hopelessly insecure. Sooner or later the
bonds of such a Union must be severed, It
is my conviction that this fatal period has
mot yet arrived ; and my prayer to God is
that He preserve the Constitution and the
Union throughout all generations.
But let us take warning in time, and re- '
?move the cause of danger. It cannot be
-denied that, for five and twenty years, the
agitation at the North, against slavery in
the South, has been incessant. In 1835,
pictorial hand-bills and inflammatory ap- ,
peals were circulated extensively through-
out the South, of a character to excite the ,
passions of the slaves; and, in the language
Of General Jackson, "to stimulate them to
insurrection, and produce all the horrors of
a servile war," This agitation has ever
since been continued by the public press,
by the proceedings of State and county con
ventions, and by abolition sermons and lee-
tures. The time of Congress has been oc
cupied in violent speeches on this never- '
Rending sub,ject ; and appeals in pamphlet
and other forms, endorsed by distinguished
names,
have been sent forth from this cen
tral point, and spread broadcast over the
Union.
`How easy would it be for the American
people to settle the slavery question for
ever,
04 to vulture peace and harmony to
thiadisiracted country.
They, and they alone, can do it. All ;
.that Is necessary td accomplish the object,
nod all fee which the *lave States have ever
'Contended, is to be let alone, and permitted
•to manage their domestic institutions in
their own way. As sovereign States, they
alone are responsible before God and the
world for the slavery existing
_among them.
For this the people of the North are net
More responsible, and have no more right
to interfere, than with similar institutions
in Russia .or in Brazil. Upon their good
sense and patriotic forbearance I confess I
geestly rely. Without their aid, it is be
yond the power of any President, no mat
ter what may be his own political proclivi
ties, to restore peace nod harmony among
the fitates. Wisely limited anerestrained,
as is
M s power, under oar Constitution and
laws, he alone can accomplish but little,
for good or for evil, on such a momentous
question.
And this brings me.tq•()Were° that the
election of any of our fellow citizens to the
office of President does not of itself Word
just Cause for dissolving the Union. This '
s more,espeolally true if his election has
been effected by a mere plurality, and not a
majority, of the people, and has resulted
from transient of temporary causes, which
L... never again occur. In order to justify '
" I ' l7 to revolutionary resistance, the
la ?Wye • .nint et be guilty of "a
ilrinderal floVes-. en
i delAierikte, peipebh,' and dayigerous
mflitc , istears p r OO ro gl ie lth o te ti d al b
eyiet ✓
c he COnSti
!tutim. bor ,
- over, has been bold in strict confozi y
:with its express provisions. How, I. • ;
can the result juttiff reyolation to Le
'.gtroy this very Co* Wino Reason„imi
'tice, a regard for the Constitution, all re
!quire that we shall wait for some overt
and dangerous act on the pert of the Pres-1
idea elect, before resorting to such a re
rgt.f.
• ,jti,paid, however, that the antecedents
of the President elect have beau qualeient
to justify the fears of the South that be will
tittOttspt to invade their constitutional rights.
, Ba j limb apprehensions of contingent
,tinger hip the future sufliale r.t to justify the
immediate destruction of the noblest aye
teet Of gofernment ever devised by mortals? I
Frain the very nature of his office, and its I
high responsibilities, he must necesaarily
re. 'Me stern duty of admin.
te kg e ri O n 42f it Y tug t, o c u,ao . m . plicat . e ts d c oncerns
of thts'eloy:eritnient affoeda i n e fagiinr
antid ism :he *lltoit attempt s oy v i o l ation '
After ail s
of a clear cdhstittitional . righ t.
he je ee morn t h sto th e Chief executive ofil
,.a n i !
cer of the Governrneet. s a!,ta ws
?.
province
not to make, but to execute, the
, ' t u
it i s a remarkable'faet 'ePr histoTY th a
notwitnotwithstandingthe reßepeated?eff°r o f the
f th
anti-slavery pasty, no single act ha s
as ever
passed Congress, ealeas we' map." P-" n a b i LY ,
except the Missouri . CoreproMls4;ll o f
ipg, in the slightest deg., rit e A 9 ,,
the South to thei; property in OW"' Jalu
rit may also be .obsarosd,judgikel,* 96ll P r t
)sait indicateas, that rstiblut,7-APekr
. ,
. 0 ,,„,... •
. .
."':.,.\,... 'r• .--'
'-'"-•'re.o•
* .
. .
.
i, : ..':
..1 04 ,0 - .......- , t , -
.. - ~
. L. ":
,f . . - _ ' • . .. ..
:It . . utritscr,.
v,i,f6e.„..,,,,.....„,_...arp..„..,„,c,
VOL. 121:---NO. 26♦
of the passage of such an act, by a ntajur
ity of both Houses, either in the . present
or, the next ' Congress. Surely,' under these
circumstances, we ought to be restrained
from preSent action by the precept of H ini
who spake as never man spake, that "suffi
cient unto the •day is the evil thereof."----
The day of evil may never come, unless we
shall rashly bring it upon ourselves.
It is alleged as, one cause for immediate
secession, that the Southern States are de
nied equal rights with the other States in
the common 'Territories. But by what au,
thority are the - se denied ? Not by Congress,
which has neverpassed, and [believe never
will pass,-any act to exclude slavery from
these Territories ; and certainly not by the
Supreme Court, which has solemnly decided
that slaves are property, and, like all other
property, their owners have a right to take
them into the common Territories,and hold
them under the protection of the Constitu
tion.
So far, - then, as Congress is concerned,
I the objection is not to anything they have
already done, but to what they may do here
after. It will surely be admitted that this
apprehension of future danger is no good
reason firktioOgnuediato dissolution of the
Uotoo.„ It is true thet the territorial legis
hiture of Kansas, on the 23d of ,Febuttry,
1860,passed in great haste an act, over the
,
1 1 veto of the governor, declaring that slavery
"is, and shall be, forever prohibited in this
Territory." Such an.. act, hontiver, viola
ting the rights of property secured by the
Constitution, will surely be declared void
by the judiciary whenever it shall be pre
sented in a legal form.
Only three days after my inaliguration
the Supreme Court of the 'United States
tiolemly adjudged that this poWer did not
exist in a territorial legislature. Yet such
has been the factious temper of the times
that the correctness of this decision has
been extensively inipagned before the peo
ple, and the question has given rise to an
gry political conflicts throughout the coun
try. Those who have appealed from this
judgement of our highest constitutional tri
bunal to popular assemblies would, if they
could, invest a territorial legislature with
power to annual the sacred rights of prop
erty. This power Congress is expressly
forbidden by Federal Constitution to exer
cise. Every State legislature in the Union
is forbidden by its own constitution to ex
ercise it. It cannot be exercised in any
State except by the peoplein their highest
sovereign capacity when &timing or amend
ing their state constitution. In like man
ner, it can only be exereised , by the people
of a 'Territory represented in a convention
of delegate: , for the purpose of framing a
constitution preparitory to admission as a
State into the Union. Then,and not 'un
til then, are they invested -with, power to
decide the question whether slavery,• shall
or Shall not exist within their limits. This
is an act of sovereign authority; and not of
subordinate territorial legislation. Were
it otherwise, then indeed would the equali
ty of the States in the Territories bo_des
troyed, and the rights of property in slaves
would depend, not upon the wiaratitees of
the Constitution, but upon th shifting ma
jorities
of an irresponsible territorial legis
latnre. Such a doctrine from its intrin
sic unsoundness, cannot long influence any
considerable 'portion of our people, much
less can it afford a good reason for a disso
lution of the Union.
The most palpable violations of constitu
tional duty which htiVe yet been committed
consist in the-tetra different State legis
latures to defeat-the execution of the fugi
tive slave law. It ought to be remember
ed, however, that for these acts, neither
Congress or auy President can..justly be
held responsible. Having been passed in
violation of the Federal Constitution, :they
'are 'therefore null and void. All the courts
both State amid national, - before whom the
question hailatisen, have from the begin- ,
ning declared:the fugitive slave law to be
constitutional. The single exception is - that •
of a State court in Wisconsin ; and this has
not only been reversed by the proper ap
pellate
tribunal, but has met with such
universal reprobation that there can be no :`
danger from it as a precedent. The validi
ty of this law him been established over
and over again by the Supreme Court of
the United States with perfect nnanimiey. !
It is founded. upon an express provision, of
the Constitution, requiring that fugitive
Slaves -who escape from service in one
State to another shall be "delivered up" to
their masters. Without this proviSion it -
is a •well kioivn historical fact that the con
stitution itself could never have been adopt
ed by the CooVentien. In one 'form or -,
other, under the acts of 1193 and 1850, both
being substantially the same, the fugitive- !,
slave law has been the law of the land .
from the da,ys of Washington until the pre
sent Moment: Here then, a clear easels -
presented, in which it will be the duty of
our next Frei:dent, as it has been my own, -
to•act with vigor in executing this so- I•
preme law against the conflicting enact...
ments of State legislatures. -Should: be
fail in the performance of this high duty,
he will theil have manifested *a disregard
of the Constitution and laws, to the great-i
in;ury of tho people of nearly one - half o f"!
the States of the Union. But arewe to pre
sume in advance that he will thus violate I
his duty 7 This would be at war with every
principle otjustiee and of Christ ian charity. 1,
Iva
tbe 9 — en act. The fugitive '
Let us wait Iva • r
slave law has been carried into execution
in every contested case since the commence
ment Of tile present administration ;though
often,-it in to be regretto,4ith great loss
and inconvenience to the master, and with
considerable expense to the government.
Let us trust that the State legislatures will
repeal their unconstitutional and obnoxious
enactments. Unless this shall be done
without unnecessary delay, •it is impossible
for any human power to save the Union.
The Southern States, standing on the
. bans of the Constitution, have. a right to
demand this act of justice :
- from the :States
of the North. Should it be refused them
then the Constitution, to which all the
Stool arc parties, will have been willfully
iiolated by one portion of them in a provi
flea essential to the domestic security and .
e fhe remainder. In that event
all peaceful and c onstitutionaltkiiiiePtlnVesdoS' ernaving
, fi nt r e s a t n 'u s se t d o
ebtAin redress; wt dbe
the justified in
meat l t o Government of
tionary resistance
She NO%
remarks
res-istftsi, two years that
6 0 -Mined my
because it has
I haVe purposely
to be
e r n ev c o i l a n im t to e n d a w ry i
thiet
secede from
any State,'•whenever
sov
ereign will and pleasure, m ay .
this shall ,be its
ne wit! the Consti- - •
the U 1 3 .1013, in twooida°— 1
o f the
lotion, and without any viol ation
constitutional rights - of the other members
each. became
of the Confederacy . That as
.3
v
patties to the-Union by, the vote of its 0 n
„
I people asaern,bled, in Coventionv so - any
one °f t 1 . 4612 ; 13 iiiy Wire trawl threJ.Thilon in
a similar manner by the note Af• ARO 11'
Convention.
In order to j'aitily sece s sion as a corda
Wiens' remedy, it:mnst be on the
principle
that the 'Federal Government is a mere,
ioluatarg asioCiation of States, to•oe
dis
solved at Pleasure. by any One of- . tfie con
ttliPtirtgriZes: lt- • thin be so, - the . Cloafed ,
pan? mar OtilialidOspwAtt4 and
LEBANON, PA., WEDNESDAY, DECEMBER 12,. 1860.
" 1 . tl e a nl d S l t '," Cs h l r u oh tl7e B l; co sU i r g e n r e e d l g u to
i. dissolvedop...
opinion'
the first adverse wave of PO11: meet ender 11e 7 old e r ------------
''.
i inion •in any of the States. In this 1 "" ki " '''' " kit. '
manner our thirty-three States may resolve
i c t a..tbil ,. l , hi l r it r i i ' ,. :. :: : : : :..ip :,: ii i l L,
..:
~.,, , , b r gil r:l l.ri
( f r ;u e° :,,ct s t : l :o;,l l
j, : :_t: :: : 0 1 .
e :d .
il li, they i
i l b u d i a t r r e t u r: e t i l i 71 r : 1 :11 7 .1" i declin e d
t e e .
0. ,
; a t I .
ei c one i h r B 4Bz ;e ta n dr a
yreem:tr: forletyr
themselves into as many ett
and hostile republics, each p on y e' j r .a e r t i r i v r i ln e g a g'
from the Union, without responsibility,
Ito owe '::4,l:lttigrmecttl?„,. t h e to
the people, and execute
ever any sudden excitement ml htimpel sistB,4 'Tian has neon accon u m l qi=" t a t i " n n eY °I. I"
hem to such a course. By this:process ti lL .Lt r l rt lini c i l ed States. • by the -Onatitll
- might be entirely broken into frog- a It.
ant er o nre y nt r created by the Constitution,
.meats ia a few weeks, which cost fore- ag' and deriving
each of the several Ito ce, m um i f tas p o e m o p p rec l t e h i o e se r a l a y7 l ti t i r h e el sa gu in w 's ri p g ` h e , t, to
Our .tathers many years of toil,. privation' and exercise its power over
blood to .establish. , the enumerated cases, that ea c h one of them e " S p o tatell 4 '
Such a principle is wholly incensistent served o versubjecte not delegated to the United Set but
or T t o he tb u t e o n e t i z t h ed t e e n s a t ta a o t r o aSere
m eg= powers the Constitution
l "veil', or to the p eo pl e . “"-
Svith the history as well as the character of '
the Federal Constitution. After
. it was of each State, and lane bindingapart of the constitution
inves p tte o hd n e its people, at though
framed,' with the greatest ' deliberation and It had been textually ther e i n .lnserted
care it was submitted to conventions of
the people of the several States for ratifi
'Th:s Government,
. powerful Government,
that efure,
lv i s s iptie 7 caa g lil re st a uh t be. li a n t d .
cation. ' Its provisions were discussed at !
e i tr n r ib r u h t e e ie s i d i o i f ts so a r u e t r h e o ig ri n ty ty ex u L e n r d s . Its framers j n e e e v t. -
tength in these bodies, composed of the hint in its bosom the seeds of
first, ! ten of the country. Its opponents : its i o n w l ri n de e s 'i tr i Uc i t l i n o P o r , d aor were ere they at its creation
contended
. that it conferred powers upon guilty of the Motu for its own
dissolution. It was not Ye in i ten o ci viding
. the Federal Government dangerous to the 'simmers
to be the baseless fabric of a intended
n it w s hich t at
rights of the States, whilst its advocates i the touch of the enchanter, would vanish into
maintained. that under a fair construction . thin air, but a stubstautial od mighty fabric,ca
of the instrument there was no foundation - pable of resisting the slow decay of time and of
for such apprehensions. • defying the storms of g
Indeed. well may a j e t s/lo t us patriots of that
• In that mighty struggle between the '
day have the indulgelears
first intellects of this or.any other country, o t v h e e rnm re e e n erv t
a o ,i f
it never occured to any individual, eitherpowers Might •iol l ate g
. rights t h h Or i ihe States; and wisely did they adopt
among its opponents or advocates, to as- 1 triet•construction of these powers
scrt, or even to intimate, that their .efforts ' to be pr s e a v ie on t o h t f o t a he a j n dan g er ! But they did not fear,
were vain labor, because the moment that : nor had y ev r e e r as h o e n s t e e . imagine, that the Con
, stitution would y
any State felt herself aggrieved she might
' able any State, rp a r n e d ted w n to
tate, by her -oWnmactet
her
the
en
secede fiom the Union. What a crushing
consent of her sister States, to discharge t
argument would this have proved against ! pie from all or any of their Federal obligations. rPee
those who dreaded that the rights of thethen, are the people d the
States ui IY" be h asked,
t ofout
h redress against the tyranny and
t States would be endangered, by the consti.
tution. The truth is, that it was not : oppression ' t i t t Federal Government? By no
until many years after the Origin of the mean..
govern
ed
against
e sistance
. on the part of
The
, the
ently
Federal Government that such a proposi- •BromentB cannot be de„ied • o"r l e t ss e i x e ist oheir guy.
indepoud
tion was first advanced. It was then met ' of all constitutions, and has beenexercise
and refuted by the conclusive areuments
old
tall periods of the world's history. Under it
of Gen. Jackson, who in his message of d ones g h o e v t e , r e n t m ah en n ts have been destroyed, and new
16th January, 1833, transmitting the nuili '
and
express
n e l i e r place: It is embodied in
fying ordinance of South Carolina to Con- ; strong
gress, employs the following
! must ever be observed, that this is distinctionrevol
"The right of the people of a single State
against an established Government, and n u o t t ion a
to absolve themselves at will, and without !
r voluntary secession from it by virtue of an inhe
language: %ration of rodependenngeou.agluint our DBOB.-
the coyent of the other States, from their i
the
dangereonstitutional right. In short, let us look
most solomtr obligations, and hazard thefairly i in the face: Secession' is mi.
liberty and happiness of the millions cent-
i i
m th n e y r
n m o o t re he n n or less than revolution. Ii may or
justifiable revolution, but still it is
posing this Union, cannot be acknowledged. :
revolution .
Such authority is believed to be utterly ie- -w",,, the 8 meantime. Is the responsibility and poet.
pugnant both to the principles upon which Om of th n e Ex t e i lutive? II ! . ID bound by solemn oath be.
xecuted cor
a t n rl fr , t o o m take care that the laws be
the-General Government is constituted and ' fore (I ° 4 °•:" 1
this obligation he cannot
to the object which it wits expressly form- !
f r a t a b be fu o ll lv . ed by any human power. But what If the p er
-
eel to attain." . • . . i ormance of this duty, in whole or In pert, lm ime m b iil m d n h r i len- -
, dared impracticable by events over which
It is riot pretended that any clause in the
the ease control! Such, at the present moment, Is
Constitution gives countenance to such a I e t stouLt i i t zState of South Carolina, so far
theory. It is altogether founded anon in i as t h e laws o 7
.' tration of justice by ...Ma o tee to secure the adminis
f the Federal Judiciary are
ference, not from any language contained '.concerned.
I All the Fed loffi
in the instrument itself, but from the sove- i a g ency alone t e ase Mere wic.nthitilitsll,ithn
.carried - t r u m erec w ur n :
reign character of Ihe several States by alre ad y . resigned. 'We no longer have a district
which it was ratified. Bet is it beyond the ij l h o n fiee, t ad t _x w rict attorney, or a marshal In South Carolina.
I holemachinery of the Federal Geyer 't
power of a State, an individual, to i
; t t iressery for the distribution of remedial justice n a i nt ne o n ng ,
yield a portion of its, sovereign rights as to . d r e e nAl e ls e he t d; and it would be difficult,
if ° net ittelb l ie, ee 'l l
secure the remainder ? In the language of '
The only.acts of &n g ress on thestatute-book, bearing
Mr. Mtidisort, who has been called 4he fa-
a lwig a e r E c t:j i cz i are .r t i tse of the Mb February, ITO,
ther of the.Cons;titntion : "It wits formed au tho rize ur te a rr w e lt il 3 %, a o ler
: lie shall have Baca. ' ta m e d that u
by the States,--that is by the people in each civil or criminal pro4se I I:
of the States, acting in their highest save- ' c air i r p ta artr i a s ur im ` bia to exec ute
!•the army cud
n eae avy e, t to o :i ii. p h r i ort? the ,milltia and employ
reign capacity; and formed conseqaentiv •
having first. by Proclamationincolmn performing this service,
ma d d the insur g ents
by the same autbority—which formed th - e : "t o disperse and retire peaceably to their respective
State constitution." . i ebodn 7 inlie a limited time." This duty cannot by
"Nor is the Government of the United
States created by the Constitetion, less a
Government in the strict sense of the term
within the strict sense of its powers than
the government's created by the constitu
tions of the States are within their several
spheres. It is, like them, organized into
legislative, executive and judiciary depart
mentS.
_lt operates, like them, directly
on persons and things ; and, like them; it
has at command a physical force for exe
cuting the powers committed to it."
It was intended to be perpetual, and not
to be annulled at the pleasure of any one
of the contracting parties. The old arti. •
cles of confederation were entitled "Arti
cles of Confederation and Perpetual Union
between the States •;" and by the 13th aril-
cle it is expressly declared that"the articles
of this Confederation , shall be inviolably
• observed by every Btu* and the Unien ;
shall be.perpetatil.'.f he preamble to the
Constitution of the United States, having
express reference to the articles of Coded-
Makin, recites thatit 4.mi-established "in
order to•form Wperfeet • union." And yet
it is contended that ;this "more perfect
union" does-net include the -essential attri
bate of perpetuity. , I
But that the Union was designed to be.'
perpetual appears coiteluitiely from the na
turb and extent df conferred by
the Constitation'and• - •tlidPederal Goverit
neut. Tiiese -powers' embrace the very
highesbattailontew of national . sovereignty. •
They place.:b.o4-.the.,sword , aad the purse
under its coetrol- Cengress has power to
make war, and to make,peaee ; to-raise and
*ippon arniier; and and to conclude
treaties •Wi,tir fel•Jign, - o%.eriiments. It is
"investedivitit'tbe pow go er to 'coin money,and
'lO 'regulate the':valife - therebf,•-and to rega
late, ebninleice ftireign; nations, and '
-among thdetpreral , States. It is not neees- ,
•sary.„to enumerate, the:, other powers
.which have been conferred upon the Fede
..o9-V;critaient. In 'order to carry the
enumerated powers intd'effect, Congress
possesses the exclusive right • today awl ;
collect„duties on "imports, and in common '
with' the StateSto lay and'collect - all other '
.
taxes.
But the Constitution has.not only con-'
ferred these high powers upon - Congress,
but it has adopted effectual means to re- '
strain the States from interfering with their ;
exercise: For that Aterpese it. has, in
strong prohibitorylattguage,.expressly
elated that "no State shall, eater into ,auy
treaty, alliance`or confedeiation ; grant let
tere of mareadand'reprigar ; coin money ;
emit bilk; of credit ; make anything but
gold and silver coin a tender in payment of
debts ; pass any bill of attaiuer, ex. post ;
facto law, or law impairing the obligation
of contracts." Moreover, "without the ;
-consent of Cotwreas, no 'State shall lay any;
I imposts or duties on any imports or . ex
ports, except what may be absolutely
ne
cessa'ry for executing its inspection laws ;"
and; if they exceed this amount, -the - excess
shall belong to the-United•States.
Aed : "no State shall, without the eon
,sent ot;Congress, lay any duty of tonnage ; •
keep troops- or ships of war, in time. of I
peace ; enter into any agreement or cop- '
pact with another State, or with a foreign
iover or engage in war, unless actually
nvaded, or inane!) imminent danger as will
not admit of-delay" •
In order stillTurther.to oecnre the unin
terrupted exercise of , these
; high Bowers
against State-interposition, it is •provided.
'that this, , Constitution and thelaws.of the
United States which shall be made in pur
suance thereof ; and all treaties made, or
which Shall be made ; under - the authority
of the.linited•States, shall be the supreme'
law of the land ; and ihe judges in every
State shall be betind thereby, anything in
-the constitutionfor laWs of any State to the
contrary notwithstanding."
The solemn aancliong religion bee been superadded to
tbs ohlW.ltims of official , duty, and all .senators and re
'piesenisxtvea or the - United Stateai all member*, of State
leght4turpe, pnti all executive and judicial Maul, ‘!both
"of the United Statecand or the Amaral State{ shall be
Ixmod by oath or aififp2atiO,P.to.F9poq t,ttlis Constipation.'
otuek co carry in to -effect tosse powers, the Oun
11,11tiltiOsi 4811,,eatalUshe4 a„perfeet„Qoverument t to all
al Tame, 't - oldoii.drit, 'wont/ 1 / 4 1V sod Judicial; and
this aUvaftl,lstrlL :-e'r• 0 1 11 Pt: ko.PclY , eM sal
'airway upon sae ineoUluel elt gene of every Staft,and,
I rf i f . /4 O a dt9r,“ P. llO 'N11,7;11)4 qwe ,
atlthylVipmPt,ttlgarrAllll:tife/il4l-!-raltbie:treOfril
possibility be performed in a State where no judicial au
thority exists to issue process, and where there Is no
marshal to execute it, and where, even If there were such
an officer, the entire population would constitute one
solid combination to resist bins.
The hare enumeration of these provisions proves how
inadequate they are without furtifer legislation to over
come a united oppoidtion in a single Stat., 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 cennot be amended so OM to carry
out more effectually the ohjects of the Constitution.
The same bieuperable obstacles do not Ile In the way of
executing the laws fir-the collection of the customs:—
The revenue still continues to me collected, as heretofore,
at the custom-house in Charleston; and should the col
lector unfortunately resimi, a successor may be appointed
to perform this duty_
Then In regard to the property of the United States In
South Carolina. This has been purchased for a fair equi
valent, "by the consent of the Legielnture of the State,"
"for the erection of forte, megaxittee, arsenate," &c., and
over these the authority ' to exercise legislation" has
been expressly granted by the Constitution to Congress.
It is not believed that any attempt will be made to expel
the United States from this property by force; but If in
this I should prove to be mistaken, the officer in corn
tumid of the forte has received orders to act strictly on
the defensive. In such a contingency, the responsibility
fur consequences would rightfully resit upon the heads of
the assailants.
Apart from the execution of the laws, 110 " far as this
may be practicable, the Executive has no authority to
decide what shall be the relatlons'between the federal
government and South Carolina. He has been Invested
with no such dim tattoo. Ile possesses no power to change
the relations heretofore exieting between thein,mdch less '
to acknowledge the independeuce of that State. This
would be to invest a mere executive officer with the pow-
of recognizing the dissolution of the Confederacy*. ,
mong our thirty-three sovereign States. It bears nu. re- ,
semblance to the recognition of a foreign de facto goy-
ernmentlnvolving no such responsibility.
Any attempt to do this wield, on lila part, be is naked
act of usurpation.- It is, therefore, my duty to submit
to Congress the whole question in all its bearings. ..The
course of events Is so rapidly hasteping forward that toe
emergency may soon arise, when you may be called upon I
to decide the momentous question whether you possess
the power, by force of *rine. to compel a State to remain
in the Union. I should feel myself recreant to duty were I
I not to express an opinion ou this. important subject. 1
The question fairly stated Is: ibis the Constitution del- ;
egated to Congress the power to coerce a State into sub- I
mission which is attempting to withdraw or has acnielly
withdrawn from the Confederacy? If'answered in the
affirmative, it niust be on the principle .that .the power j
ham been conferred Imo!' Congress to declare and make I
war against a State. After much serious reflection I •
have arrived at the conclusion that nee ouch - power has
been delegated to Congress or to any other department of I
the Federal Ouvernment. It le manifest, upon an inspect- I
tine of the Constitution,that this Is not among the ape- 1
cille• and enumerated powers granted to Congress; and it 1 ;
is equally apparent that its exercise la not "necessary anti
proper fur =Tying in to execution" any one of these t
powers. So far from this power haeingtseen delegated to I
Congress, It was expressly refused by the .Convention i
which framed the Constitution.
It appears, from the proceedings of that body, that on I
the 31st May, 178;, the clause "authorizing an exertion I
of the force-of the whole against a delinquent State,"
iNtino up for consideration. Mr. Madison opposed it In a '
brief but powerful !speech, from which I shall extract but 1 ,
a single sentence. Ile observes!: bThe use of force against
a State would look mere like a declaration of war than an 1
infliction of punishment; and would probably be coned- 1
ered by the party attacked as *dissolution of all previous
compacte by which it might,be bound." '.
Upon..thie motion tbe clause was unanimously postpo
ned, awl wail never I believe again presented. Soon nt
h:l-wards, on the flit ofJuue. 1787, when intidentally ad- I
verting to the subject, he said: "Any government for the
United ?Bates. formed on the supposed practicability of '
using force aga'et the unconstitutional proceedings of the !
States, would prove is visionary and fallacious as the gov
ernment of Congress,"evidently meaning the then exist- 1
Mg Congress of the old Confederation. . - i
• Without descending to particulars, it may be safely as- !
serted, that the power to make war against a State is at ;
variance with the whole spirit and intent of the Constitu
tion. Suppose such a war should result in the conquest
of a State, how arc we to govern it afterwards? Shall we
hold it WO province,imd govern It bydespotic power? In ,
the , nature of things we could not, by physical force, con- 1
trol the will of the people and compel them to elect men.
/demand representativue to Congress, and to perform all
! the other duties depending upon theirown volition, and 1
required from the free citizens of a free State as a coned- :
, teem member of the Confederacy. I
lint, if posseseed of this, would it be wise to exercise it I
under exhaling circninstances 1 The object would doubt- 1
1 1 loss be to preen - Yu the Union. War would not only pre- ,
I rent theme:it effectual means of destroying It; but would 1
• banish all hope of Its peaceable reconstruction. Beildes,
1
in the tridentalu in
conflict a vast nount of blood and tree-
I ,
sure uvula be expended, rendering future reconciliation
I between the States impossible. In the mean time, who
i.sao,foretell what would be the suffering and privation of t
I the people during its existence! 1
,
The fact is, Unit our Union rests upon public opinion, ,
an d ra n never be cemented by the blood ofsits claims' I
I shed in civil war. If it cannot live in tine affections of
I the people_ it tenet one day perish. Congress possess
many means of preserving it by conciliation; but the
sword was not pieced in their band topreserve it by force.
i Butt may 1 be permitted solerfinly to intfoke my coon.
pause and' eliberat e, before they, determine to
l i
t d,,, r3 ;x m ro e y n :tie, the grandest temple "which has ever been
1 dedicated to human freedom since the World began? It
1 has been consecrated by the blood of our fathers, hy, the
pest, and the hopes of the future. The
ea tb t e p in rosp oit erri vev d e s r ard„ ul '
n er a e .
- 1 , long, will, if
. ' i
sUgystibti...OnrooiroyiuoeneadsO b ag
l''i
wouldfo Rifiln
not 1 (n i ce i t
dr" O o Y fi l t: T i IldOtt'er reader
: t n b dt . ehre l u n ms ever y foreign region of
I the globe the title of American citron le held in the high
, est romect, mid when pronounced in &foreign land it
I, =lies the Marta of our countrymen to melt with honest
pride. , Surely when we reach the brink of the yawning
labide; We shall recoil with horror from the last fitted
plunge.' By such a dread catastrophe the hopes of the
I friends of freedom throughout the world would be de
and a long night of tendon despotism would en
'the nations: Our example for more than eighty
be loot; but It would be quoted as a
I, omadlualie proof that man is unfit for aoltgovernment.
It i s no t every wrong—nay, it Is not every grievous
wrong—which Fan Justify &Insert to such a fearful utter
ntlfo. ,Tldaenght to De, thol last desperate remedy of a
despairilag 1 40 1Pl e v. after,i' , 7l o l pil!lik s ectsfutilntitufal meaner
lof conciliation. bad- Dean -extmustea. 1 Washould reflect,
,t,ltlit n*A•fdltli sfi rit t iPler= l l4 o 2==,
; and flow fa TAO. peawn.,,_ • ± 1 , 2 , ! , war ,
, wce ~brip*Brur ASILY97II/;467:1 , a iiiiiiPTQIIPTIk
. .
L
12E1
that it has already reached and passed the culaticiatlne
point. But if, In the midst of the existing excitement,
the Union shall perish, the evil may then becoms irrepa
rable. Congress can contribute much to avert it by pro-;
peeing and recommending to the legislatures of the soy-
.eteti States the remedy fur existing evil, which the Con
stitution has provided for its own preservation. This has
beeu tried at different critical periods of our history, and;
Always with eminent success. It Is to be found In the sth.
Article providing for Its own amendment. Under tide ,
article amendments have been proposed by two-thlrde of,
both &hems of Congress, and have been "retitled by the
legislatures of three fourths of the several 'States." and;
consequently become parts of the Constitution. To this
process the country's Indebted for the clause prohibiting
Co .green front passing any law respecting an cetabUsh-
Ment of religioe, or abridging the freedom of speech or of
the press or of the right ofpetitiou. To Ude 'we &realm .
indebted for the Bill of Bights which secures the people,
against any abuse of power by the Federal government.
Such were the apprehensionsiustly entertained by the
friends of State-rights at that period as to have rendered
it extremely doubtful whether the Constitution could
have long survived without those amendments.
Again, the Constitution was amended by
the sameprocess after the election of Pre
sident Jefferson by the House of Repre
sentatives. in February, 1803. This amend
ment was rendered necessary to prevent a
recurrence of the dangers which had seri
ously threatened the existence of the Gov
ernment during the pendency of that elec
tion. The article for its own amendment
was intended to secure the amicable adjust
ment of conflicting constitutional questions
like the present,which might arise between
the governments of the State - Eshd 'that 'of
the United States. This appears from con
temporaneous history.
• In tnis courmction. 1 shall morel,' can attention tea
few imitencos in Air. Madivian'sjustly telehratedreport,
In 1799. no the Legislatore of Virginia. In this he ably
defended the resolutions of the preceding legislaturaa
of several other State LegiBlntUrea. 110114 Wale mainly
founded upou the protest of the Virginia legislature
against the ..Allen and Sedition Acts," as "palnableund
alarming infraat ions ttth a Constitution." In pointing
not the peaceful and Constitutional: remedies, and he
referred to cone other, to which the States were moth*
sized to res. rt, on such oceadous, he aenclodes by eey•
lug. "that the leglalicares of the States might have
nude a direct representation to Congress with * view to
obtain ths r sciuding of the two offensive acts, or they
might have represented to th«ir respective Senators I
Congress their wish thattwothirds thereof would pro.
pace all explanatory amendment to the Condit ut ion, or
two-thirds of thernaelves If such had been their option.
might. by an app-Ication to. Congress, have obtained
a convention for the Indio object"
This is thievery course which I earnestly recommend
in order to obtain an -explanatory amendment of the
Constitution or, the subject of Slavery. This might
Originate with Congress or with the State Legislatures,
„„, „„", be deempd mint advisable to attain the object.
The explanatory amendirient might be confined to the
final siattletnent of the tree construction of the l'wnnti
lotiun three special points:
1. An expi els recognition of the right of property in
eleven in the U.ates where Mims rxi its or may hurtle:sir
exist..
2 The duty of pritectieg this right in all the Corn•
men Terrlteries throughout their territorial existence,
and until they "hell be admitted as States into the Union
with or without slayery, as their constitutions may
prescribe.
3. A Ike recognition of the right of the master to
have hi/nalaVe who has escaped front one State , to ano
ther, restored and .'deliveted up" to him, and of the va
lidity of the fegitive Slave law enacted fir this purpote,
together with a declaration that all State laws knoak
ing or defeating this tight are vimationsof the Corlett.
Lotion. and are consequently null and void.
It may be objected thst this Cola ruction of the
Constitution has already been wittier] by the Supreme
Court of the United States, and what more ought to be
required. The answer is, that a very la•ge portion of
the peoyie or thelinited States still contest the correct
ness of title decision, and never will cease from agitation
end admit its binding torte until clearly established by
the people of the several :totes in their sovereign char-
Meer. Such an explarrittory amendment would, it is
believed, forever terminate the existing dissenaltitie mad
rum* pence and harmony among the Stetter.
It ought not to be deob.ed that such an appeal to the
arbitrament establisfimi by the Constitutution itself
would be received with favor by all the States of the
Confederacy.. In any event it ought to be tried In a
spirit Of coocilintieu before any of those Stet, a shall
s.prinite themselves from tne Union.
'When I entered u on the duties of the Presidential
office, trio aspect neither of uu- foreign nor oomestio
affairs was at all satisfactory. Ite were Involved In
dangerous complications with several nations, and two
itfour tr rribiries were iu a state of revolution against
the flovernment.
A restoration of the African slays trade had taunter.
qua and powerful ruiv_cates. Celan fill minter) exp.
ditious were cOvitttentuiced by tunny of sun citisene,and
WM, suetered,in dello uce of the air iris of the government,
to escape front our shores, fur the purpose of making
war upon the unoffendinz people of a neighboring re-
public with whom we were at pewee
In addition to these, and other diMmkies, we expert.
sneer, a revulsion in monetary *Mies, soon after:my ed•
vent to power, of unexampled severity and of ruinous
consupieuces to all the great Interests of the country.
When we take a retrospect of wits: was then our con
dition, and contrast this with our material prosperity
at the time of the hate presidential election, we hare
abundant reason to return our grateful thanks to that
merciful Pfeil Meng Which bee never forsaken uses
nation in all our past trials
OUR Ft/RERIN RELATION.
011iret aliens.
Oar relations with Greet Britain are of the most
friendly character. Since the commencement of my
administration, the two dangerous questions arising
from the Clayton and Bnlwer treaty god from theright
of search claimed by the Brltielt governmenthave been
I amicably and honorably adjusted.
The discordant cOustrttettuu of the Clayton and But
! war treaty between-the two governments, which at dif
Grant periods of the discussion. bore a threatening ee
-1 pact, hare resulted in a final ;settlement. entirely oodles
factory to this government. In my annual message I
informed Congress that the British Government had
not then "completed treaty arrangements with the re.
publics of Honduras and Nicaragua. in pursuance of
the understanding between the two Governments. It
I lineeritheless, confidently expectedthat this good ark
will ere Mug ho accomplished! This confident expos ,
tailor, has Mace been fattilled
Her tirisanietrialeety concluded a treaty with Lions
durair on 28th November, 1859, and with NiC.Migna
Mt tit's 28th of 'A ngust. le6o. I eliegoish Mg the Moriguito
protectorate. Besides. by the former, the Bay islands
are recognized ;a a part of the itepnblic of Honduras.
It maybe oteterved that the _stipulations of these tree.
ties conform in every ins; cot tt.tpart Muter totbe amend
mente adOted by the SCLItitA3 of the United Staten to
the treaty concluded at Lo Mon on thallth ref October,
1856, between the two governinents, It will be recol
lected that .thistroety was rejected by the British go-.
vermnent because of itajost and important amendment
of the &meta. to the article relating to ROfttlitl and
other Islands in the Bay of Honduras.
It must be a source of sincere satisfaction to all elan.
atm cf our. &row citizens, and especially to those rings.
god in Foreign coumetce, that the Chinn on the part of
Greet Britain, forcibly to 'visit aliti Pleat American
Meribent vermeils on the high eeav in time or.twaaa, bas
been abandoned. This was b far the most dangerous
question to the peace of the two counteles which has
existed slew 1812 Whilst It remained open,they might
at tiny moment hare been m eCipitated into et war. 'This
Was rendered maid/Cat Ly the exasperat.edstate of pub•
lie feeling throughout our entire country, prodnced by
the ferellite • suareh of American merchant vessels by
British cruisers outlet easel cf Cuba, in the spring of
1858. The American people haited.with general acchtim
the orders of the Secretary of the Nay. is our naval
force In the Gulf of Mexico, "to protect all vessels of
the United Stiles on the high sees from search or deter'
Con by the vessels of war of any other nation"
These orders might have produced an immediate col
lision .het weer, the naval forces of- the two countries.—
Thiciene moat fortunately prevented by an septet! to
.thelostlee of Omit Bliialn and the law" of nations as
expounded by her own most eminent jurists.
The only question et any importance which still re
mains open is the disputed till. between the two goy
ornments to the Island of 'an Juan, in the vicinity of
Washington Territory. As OW guestion is still under
negotiation, it is not deemed advisable at the preeent
moment to make any other Hamden to t lin sobject
The recent vieit of the Prince of Wales, in private
character, to the people of this country, hes proved to
be a most nuspleions event. Is ire consequences, it
cannot fill to brere..se the kindred and kindly feelings
which I trust telly ever netitate the goverunrent and
peopleof both countries in their political and social
intercourse with each other.
=l3
With France, our ancient sad powerful. ally, oar re:re
time continue to so of the Mon friendly eh aseter A
'decision has recently been made-by a French judicial
tabor:rat, with the approbslon of the Imperial Govern
ment, which cannot fall t-, foster tt.e sentimenta of mu
tual reg. trd that have PO tang existed between the two
cauntries.Under the Franck law no person can servo
in the arniirs of France untrue hobo a French citizen.
The law of Fraoce acknowledges the natural right of
extirpation, it fpllews as a necessary consequence that
a Frenchman, by the fart of baying become citizen
of tite Uuited'Btat s has changed hiesillegiance end has
lost his native, ciratacter. lie cannot, therefor-, be
compelled to serve in the French swedes. in case lie
should return to his native country. These principles
were communed in I 8 by the French Miniiter of War,
and in two late ( - MOP bare been confirmed by tlee French
judiciary. in three, two natives of France hate been
discharged from the French army, Wartime they had be
come AnViiman citizens: To employ the language of
our sent Minister t. France, who , has rendered good
service on Ole occasion, "I do not think our French
naturalized 'fellow citizens will hereafter exporteoce
much annoyance on this subject." 1 venture to kiii"
diet that the time la not far distant when the other
condi:Metal-powers Will adopt thasame wise and just
policy which hue done so mud, honor to the enlight ,
sped mvernment of the Emperor. lii way arrant, our
government - le bound to protect the rights of our onto
,raliked citizens everywhere to the same extent as though
they had &awn their first breath in this country. li.'
can recognize no distinction between our native and
naturalized citizens.
. 1111881111.
Between the great empire of Russia and the United
States the mutual friendship and regard which United
long
to existed still continues to prevail. and, if posaible,
incresae. Indeed, our relations with that Empire
are all that we could &elm.
SPAIN,
Our relations with Spain are now of a mme oomplica.
ted though of a. leM dangerous. character than they
have been for many years. Our citizens Have long bald,
and continue to hold, numerous claims against the Spa.
Mali government. These had been ably urged for a
serifs of ygare by our DUCCORRIVe diplomatic representa
tive* at Madrid, but without obtaining' redress. The
'lSPentith goverfithentlinanyagretd: t. institute a Joint
eintonlesion,inr *l5l sdipptiabyttiti timsnolaime and on
WHOLE NO. 599.
. .
the 4th day of iltirch,lB6,conclud e d a convention for
this porn one without' present minister at Madrid tinder
this convention, what have beam denominated *.the
titemit Chtitll347l4ittomaitig to .1128 1135 44_ in w hi ch wi
than ono hundred of our fellow citizens are interested,
were recognized, and the Spanish government agreed to
pay SI_OO,IDO of tide amount .. within three months fol
lowing the exchange of r ctlinu.." The peynt.oit of
the remaining $25.035 .64 wee to await the decision of
time commissioner. for or amtinst.'the Ate isiad claims,;"
but in ally event ti Wain 1. Wan to he paid to the
cialmente either, by Spain or the United Staten. These
terms, I have every reason to }chow, are highly satisfac
tory to the hoidens of the .Cialipmehtims, Indeed, they
have made a formal ofor enthorizin t the Fe ate Depart
meld to nettle these anima, and to dellitet the amount of
thtrAutisted claim from the/M[l4 which they are mitt.
tied to receive from Spain. This offer, °femme°, cannot
'be accepted.' -
All otherutitimeofMtizeimpf the United States against
.5 pain, or of srbyocts of the Queen of Spain against the
United States..intinding the ••Andatiol claim," were by
this cou reution refer' ad to a board of C.mmissioners In
the usual nerd: hither the vallility or the Antlettel
nor.of *Ky.:other claim against either party,with
the single e4reption of the Cuban cialme,was recognized
by the convention: Indeed, the Spanish government did
not Insitit that the validity of the Amistad claim ei ould
be thus revoweezod. motulthataudiug its payment had
been roe ountended tr Congress by two of my prederes
sore ae well as by myself, and en appropriation for that
purpose had, petted - the Senate of the United States.
They were content that-it should be submitted to th e
bean! forexamination and decition,like the other claims
Ltotit governments ware bound respectively to pay the
summits awarded to; the several claiuninta -.4tt such
tilues and placps as may be Axed by and according to
the tenor of such awards."
...
I. tramunittelthis - onrention to II a Senate for their
tip i e
conetitutiona tiontnt the 3 l Slay, 1860, and on the
27th, of the is ''' Ohm Jain, they determined that they
would "mire,. askesiiiiintr,to its ratification.
These preclidamm plane Our relations with Spain in
an awkward awl embarrassing position. It is more
than probable that the Anal adjustment , f these claims
will devolve upon my ditccessor
1. reiterate the recottimenfations conta'ned in my
Annual filossairsof December, 1858, and repeated in that
of December. 1859, in Aver of the amplisition of Cube
from Spain. by fair purchase. I firmly believe that such
an acquisition wound contribute essentially to the Well-
Wag and prosperity of both countries in all flume
time, as well as prove the cartnin means of Immediately
abolishing the African slave-trade tbroughout the svorld.
I. would not repent this recommendation upon tire pre
sent occasion, if 1 It tliered that the tratofer of Celia to
the United States, upon conditions highly favernbla to
8 , 14 in . could jaetly tarrilati the national honor t.t the
proud awl anon ant Spanish hforterchy. Sdrely no tier•
son ever attributed to the first Napoleon a disregard of
the National honor of France, for transfer, log IA n Mena
to the United States for a fairegitivalout, both iv money
and c-mtnercial ad t mangos.
ACSTRIA, ie
Stith the Emperor of Austria, end the remaining con•
tinental pow ere of Europe, including that of the Sultan,
our relations continue tube of the input feendly cha
raster.
I=
. .
The friendly and peacefed policy pursued by the Go
',outman of the United States towards the empire of
China, has produced the most .fttlsfactoty reenlm. The
treaty of Tientsin of the 18th of June, 1858, has been
faithfully owereed by the Chinese authorities The
convention of the Bth November, 1858, 'supplementary
to this treaty, f w the adjustment and settee:mien of
the claims of our citizens on China, referred to in my
izet Annual Message. has heett already , carried into
effect, so far as thle was practicable.
Under this convention theennt V 500,000 taels, eqnal
to *bent $700,000, was stigniated to be road in satisete
tion of the claims of American slogans, out of the one
fifth of the receipts for tonnage import.and export duties
on American venaeie at the port, of Canton, Shanghee,
and ?negate and It WAR "itgros4 that this awousst ehall
be in foil liquidation of All Cleinte of American citizens
at the verione ports to this date " isebenturee for this
amount- tO wit: 300,000 hogs f r Canton, 100,000 for
8h nebste and 100,000 for Fuchan—were celfvered ac
cordincto the term' of the convention by the respective
"Ch nese collectors of the • interns of chase ports to the
agent selected by our minister to receive the same.
- Since that time the claims (.1 oar citizens h ore been
adjusted by the beard of commissioners appoint. d for
thee purpose under the Act of March 3,1859, and their
awards, which proved satiefectory to the claimants,
have been epproved by our minitter. In the aggregate
they amount to $308,004 78. The claimant, have
already received a large proportion of the annie awarded
to them ant of 'the fund provided, and it is confidently
expected that the remain, er will ere tong be entirely
paid. After the awards shall have been Bandied, there
will remain a surplus of more than $200,000 at the die
poSition of Congress. As this will in equity belong to
the Chinese government. would not justice require its
appropriation to some keneyoleet object in which the
Chinese may be specially interested/
Our minister to Chlna,in obe tience to his instructions,
Ices remained perfectly neutral in the war between Great
]stain and France and the Chineseempiree although,in
coujenctien with the Russian minister, he was ever
reedy and widths", had the opportunity offered, to em
ploy his good offices in restoring mace between the par
ties. It is mt an act of eituple justice, both to our
present minister, and to his predecessor, to state, that
they have proved fully equal to the delicate, trying and
responsible post lons in which they have on different
occasions beempleced.
OEM
The ratifications of the treaty with Japan concluded
at Teddo ' on the 29th Jaly, were exchanged at Washing.
t•lt on the 'ad May last, and the treaty heel( was
proclaimed on the succeeding day. There is good re 'son
to expect that, under Its protection and infisomee„ our
trade and Intercourse with that distant and I log
people will rapidly Increase.
The eatifications of the treaty were exchanged with
unusual solemnity. For tide purpose the Tycoon bad
accredited three of his most diatingnished subjects as
envoys extraordinary and ministers . plenipotentiary,
who were received as d treated with marked disilnction
and kindness both by the government and people of the
United States!. There is every reason to believe that they
have returned to their native le nd eutirely Panelled with
their visit, and inspired by the most friendly feelings
for our country. Let us ardently hope in the language
of the treaty itself, that -there shall henceforward be
perpotuel peaeeand friendship between the United Suttee
of Americ and his Majesty the Tycoon of. Japan and
ht. encomeore.
FL®
With the wtiie Conservative and liberal government of
the empire of Mull. our relations continned to be of
thu most amicable character.
1:11112=2
. The exchange of the retilleations of the convention
with the reputlic of New Ureneda,signed at Washington
on the 10th of Septemb , r, ISt/ hes I'o,ll long delayed
from accidental tenses, for which neither party in cen
gamble. Them ratifl,ithisti were duly exchanged in
this city on the bth or November hint. Thai has a
controversy been amicably terminated which had become
so Bunions at the tmtiod of my inauguration, Re to to.
quire mo, on th r 1i th April. iIIAT • to dlrrct our mt. later
to demo• d his passports and return to the United States.
Under this convention the Govrrnmeut of New Gm.
nada bee specialty. acknowledged Itself to be responsible
to One citigens' - for damages which were caused by the
riot et Panama on the 15th of A pril, 1856" These claims
together.seith other claims of our citizen,' which had
boon long urged lu vain, are referred f ,r adjurtment to
a board of Commissiouets. I submit a copy of the con
Congreac, and recommend the legislation
reunify to carry it into effect.
CORA T.ICa AND SICARLAVA.
ParAVlollllg &rig hire been made for the acquittal/at
of the claim" of American citizens against the govern
ment of Costaßica. and I am happy to In halo you that
these have finally jveanilvd. .A convention was signed
at the city of Sao Jos-. on the 2.1 of July lost, between
the Minister resident of the United States and the Plen
ipotentiarlea of that Republic, referring these claim. to
A hoard of Commissiedere. and rrnriding for the pay.
moot alto it awards. This convention will he submit
ted Immediately to the Senate for their Coostitutional
action. .
The claims of our citizen' upon the republic of. Nice.
raeu■ have not yet beet, provided for by twisty, altho'
diligent eltirts for this purpose have boon made by
onr mininteraresident to that republic. Those ore
still continued with a fair pt oepect of success.
=MC!
Our relations with Mexico remain in a moat
unsatisfactory condition. In my two last annual
messages I discussed extensively the subject of
these relation, and do not now propose to repeat
at length the facts and arguments then presented.
They proved conclusively that our citizens resid
ing in Mexico and our merchants trading thereto
had suffered a series of wrongs and outrages such
as we have never patiently borne from any other
nation. For these our ministers, invoking the
faith of treaties, had, in the name of their coun
try, persistentlydentanded redress and indemnifi 44
-
cation, but without the slightest effect_ Indeed
PO confident , bad the Mexican authorities become
of our patient endurance, that they universally
believed they might commit thesevutrages upon
American citizens with absolute impunity. Thus
wrote our minister in 1856, and expressed the
opinion,that "nothing but a manifestation of the
power of the Government, and of its purpose to
punish these wrongs, will avatil."
Afterwards in 1857, came the adoption of a
new Constitution fur Mexico, the election of a
President'and Congress under its provisions, and
the inauguration of the President. Within one
,short month, however, this President was expell
ed from the capital by, a rebellion in the army,
and the supremo power of the republic was as
signed to General Zuloaga. This usurper was in
his turn soon , compelled to retire and give place
to General Miramon.
Under the constitution which had thus been
adopted, Senor Jaynes, as chief jnstiee of the Su
preme Court, became the lawful Precident of the
Republic; and it was for, the maintenance.of the
constitution and his authority' derived from it
that the civil war commenced, and still continues
to be prosecuted.
Throughout the year 1858 the constitutional
party grew stronger and stronger. In the histo
ry of Mexico a auoceseful military revolution at
the capital had almost universally been the sig
nal flit submission throughoutthe republic. Not
so on. the present occasion - . A majority of the
o ttiseankperaistently sustained the constitutional
government. When thlawas reeognised in Aril,
1839, by the goverriment of the United States, its
authority extended over a large majority of
the Mexicart States andpeople, including Vera
, Cris and all the'otherjrciportaat sea ports of the
republic: ; From that period . our commerce with
Mexico began to revive;':and the constitutional
"gocernmentlteenterliiiii4ell the protection in
their power.
6#t sVtitrtlistrt:
A FAMILY PAPRII. FORTOWN AND COUNTRY,
IS PRINTED AND PAIDLISIIED WEEKLY
By WM. N. BRESLIN,
24 Story of Funnies New Building, Cumberland
At Otte Dollar sKal Fifty Ceuta a Year. •
Ai - A DIWISENENTS inserted at the usual rata,. - 1011.
The friends of the establiabthont, and the publicgenar
ally are respectfully solicited to send in their orders.
*ii•-IIANDBILLS Printed et an hours notice.
RATES OF POSTAGE'.
In Lebanon County, postage free.
In Pennsylvania, out of Lebanon county, MA' cents per
quarter, or 13 cents a year.
Out of this State, 1:1;.4 chi. per quarter, or 26 ate. a rear
If the postage is not paid in mistime, rates are doubled.
Meanwhile, toe government of Mires:lon still
held sway at the capital and over the surrounding
country, and continued its outrages against the
American - citizens who still bad the courage ttl
remain within its power. To cap the climax :
After the battle of Tacubaya, in April, 1859,
Oen, Marquez ordered three citizens of the Utz!,
red Status ) two of them physicians, to be seized
if, the hospital, taken but and shot, without erim6
and without trial. This was dcne,netwithstand
ing our unfortunate countrymen were at the mo
ment engaged in the holy cause of affording relief
to the the soldiers of both parties who had been
wounded in the battle, without making any din
tiaction between them.
The time bad arrived, in my opinion, when this
Government was bound to exert its power to
avenge and redress the wrongs of our citizens
and to afford them protectiJn in Mexico. The
interposing obstacle was that the portion of the
country under the away of Miratnon could not
be reached without passing over territory ender
the jurisdiction of the conetitutionel government.
Under these circumstances, I deemed it my duty
to recommend to Congress, in my last annual
message, the employment of a suffiedent military
force to penetrate into the interior, where the
government of Miramon was to be foetid, with,
or, if need be, without the consent of the Juarez
government, hough it was not doubted that this
consent could be obtained. Never have I bad •
clearer conviction on any subject than of the
justice as well as wisdom of such a policy.
No other alternative was left, except the entire
abandonment of our follow citizens who had
gone to Mexico, under the faith of treaties, to
the eysterriatie injustice, cruelty and oppresion of
Miramotes' government. Besides, it is almost,
certain that the simple authority to employ this
force would of itself have accomplished all our
objects without striking a single blow. The con
stitutional government would then ere this have
been established at the city of Mexico, and would
hare been ready and willing, to the extent of its
ability, to do us justice.
In addition—and I deem this a most important
consideration--European governments would
have been deprived of all pretext to interfere io
the territorial and domestic concerns of alexia°.
We should thus have been relieved from the obli
gation of resisting, even by force, should this be
come necessary, any attempt by those govern
ments to deprive our neighboring republic of por
tions of her territory; a duty from which we
could not shrink without abandoning the tradi
tional and established policy of the American
people. lam happy to observe, that, firmly re
lying upon the justice and good faith of these
governments, there is no preeent danger that each
a contingency will happen.
Having discovered that my recommendations
would not be sustained by Congress, the next al
ternate was to necotnplish, in some degree, if
possible, the same objects by treaty stipulations
with the constitutional government.
Such treaties were accordingly concluded by
our late able and excellent minister to Mexico),
and on the 4th of Jnnuary last were submitted to
the Senate for ratification. As these have not
yet received the final action of that body, it
would be improper for me to present - a detailed
statement of their provisions. Still I may be
permitted to express the opinion in advance that
they are calculated to promote the agricultural,
the manufacturing and commercial interests of
the country, and to secure our just influence with
an adjoining republic as to whose fortunes and
fate we can never feel indifferent; whilst at the
same time they provide for the payment of a con
siderable amount towards the eatisfaction of the
claims of our injured fellow citizens.
/CANVAS AND 'UTAH
At the period or my inauguration, I was eon
fronted in Kansas by a revolutionary government,
existing under what is called the Topeka consti
tution. Its avowed object was to subdue the ter
ritorial government by force, and to inaugurate
what was called the Topeka government in its
stead. To accomplish tbis ob)eat an extensive
military organization was formed and lid Cora ,
wand entrusted to the moat violent revolutionary
loaders.
Under these circumstances, it became my int
perative duty to exert the whole constitutional
power of the Executive to prevent the CMMos of
civil war from again raging in Kansas,whioh, in
the excited state of the public mind, both North
and South might have extended into the neigh
boring States.
The hostile parties in Kansas bad been inflam
ed against each other by emissaries both from
the North and the South, to a degree of malignity
without parallel in our history. To prevent an.
tual collision, and to assist the civil magistrater
in enforcing the laws, a strong detachnieut of the
army was stationed in the Territory, ready to aid
the marshal and his deputies, when lawfully call
ed upon, as a poses comitatue In the execution of
civil and criminal process.
Still, the troubles in Kansas could not have
been permanently settled without an election by
the people. The ballot box is the surest arbiter
of disputes among freemen. Under this convic
tion, every proper effort was employed to induce
the hostile parties to vote at the election of dele
gates to frhme a littate constitution, and after
wards at the election to decide whether Kansas'
should be a slave or a free State. The Insurgent
party refused to vote at eitler, lost it be consid
ered a recognition on their part of the territorial
government established by Congress. A better
spirit, however, seemed soon aftetto prevail, and
the two parties met face to face at the third oleo:
tionAteld on the firatMonday of January,lBs4, for
members of the legislature anti State officers un
der the Lecompton Constitution. The result was
the triumph of the anti-slavery party at the polls.
This decision of the ballot box proved olearly
that this pnrty wore in this majority, and fr ay-,
ed the danger of civil war. From - that ti no
have heard little or nothing of the Topeka gov
ernment; and all serious danger of revolutionary
troubles in Kansas was then nt an end.
The Lecompton Constitution, which had+ beam
thus recognized at this State election by the votes
'of both *Meal parties in kansee.; was trans.
milted tame with the request dint I slartild pre:
sent it to Congress. This I could not have re,
fused to do without violating my clearest and
strongest convictions of duty. The constitution,
and all the proceedings which preceded and fols
lowed the formation, were fair and regular on'
their face. I then believed; end experience has
proved, that the interests of the peolife of Kart
sae would have boon best consulted by its admis
sion as u State into the Union, especially as the,
majority, within a brief period, could have
amended the constitution according to their will'.
and pleasure. If fraud existed in all' or any of
these proceedings, it was not for the President,
tut for Congress, to investigate and determine
the question of fraud, and what oeght to be Its;
consequences. If, at the two first eleatiOts,l the
majority refused to vote, it cannot be pretended''
that this refusal to exercise the elective franchise
could invalidate an election fairly held under
lawful authority, even if they bud not subse
quently voted nt the third election. It is true
that the whole constitution had not been sub• .
milted to the people, as I always desired ; bu t:
thu precedents are numerous of the admission of
States lute the Union without sees sebasission.
It would nut emuttort with my present purpose
to review the proceedings of Congress upon the
Lecompton Constitution., It is sufficient to ob
serve that their Goal action removed the last yes.
Lige of serious revolutionary troubles. Thades:
pernte band recently assembled, under a notori
ous outlaw, iu the southern pultion of the Terri
tory, to resist the execution of the loses and to'
plunder peaceful citizens, will, I doubt not, .be
speedily subdued and brought to Ingice.
Had I treated the Lecompton Conffiltution 88 a
nullity and refused to transmit it to Congress, it
is not difficult to imagine, whilst recallingthepos
sition of the country at that moment, whatwould
have been the disastrous consequences, both in
and out of the Territory, from such n dereliction
of duty on the part of the Executive.
..Ptects has also been restored within the Terri,
tort' of tab, which at the commencement of my
Administration, was in the eats of open rebellion;
This was the more dangerous, de the people, ani
mated by a fanatical spirit and entrenched with
in their distant arouptain, fastness, might have
made a long and foigairtiable resistance. Colt
what it might, it *an ntidttartr,) "ta` bring them in..
to subjection to the Constitution and the laws.—'
Sound policy, thetefore, as well as humanity, te:s
quired that this object should, if possible, be se::
complished without the effusion of blood. Thii
could only be effected by sending a military force
into the Territory sufficiently strong to convince
the people that resistance *oitld be hopeleee, and
at the - same time to-offer them a pardon for past
offences on condition of immediate zebra:lesion
to the tilovernMent. This policy was Punned
with eminent snecoste; and thi,to4li,ollllll6
regret is the-heavy expenditure reqUiredtolieroti
a large detachment of Lisa stud 'to that tociffite
region and to furnish it subeistenos. Uteti fit
now -comparatively peaceful '" and quiet, and the
military'fortehas 'been -withdrawn, except th
portion of it'neeemat7 to keep be , Indians to
tCentinued on etlf pike:]