T 1 v r H 'J IF. II. JACOBY, Proprietor. Truth and Itigbt Cod and our Country Two Dollars per Annans Volume 12. BLOOMS BURG, COLUMBIA COUNTY, PA., WEDNESDAY DECEMBER 12, 1S60. NUMBER 49. r s r STAR OF THE NORTH rOlLISIED ETIRT VEDXISPIT IT WjI. II. JACOBY, Wfftetn Main St., 3rd Square below Market, TERMS : Two Dollars per annum if paid Vithin six months from the time of subscri bing : two dollars and fifty cents it not )aid Vithin the year. No subscription taker: for m less period than fix months; no discon tinuance permitted until all arrearages are JJaid, unless at the option of the editor. The terms cj advertising tCilt be as folloxcs i X)ne square, twelve lines, three times, SI 00 very subsequent insertion, ...... 25 One square, three months, 3 00 "One year, . .. 8 00 PRESIDENT'S MESSAGE. fellow-Citizens of tbe Striata and flonss of Representatives: Throughout the year since our last meet ins, the countr7 has been eminently pros perous in all it material interests. The genera! health has been excellent, our harvests have been abundant and plenty srr.iies throughout the land. Our commerce and manufactures have been prosecuted with onerand industry. .and h.ive yielded fair and ample returns In short, no nation in the tide oi time has ever presented a pectacle of greater material prosperity than we have done nr. til within a very re cent period. Why is it, then, that discontent now so extensively prevails, and the Union of the States, which is the source of aU these blessings, is threatened with destruction t The ioog-coniiiined and intemperate inter ference of thi Northern people with the question of slavery in the Southern Slates has at ler.g-h produced its natural effects The different sections of the Union are now arrayed agaiu-t each o:er, and the lime has arrived, so much dreaded by the Father vf his Country; when hostile Geographical parties have be-n formed. 1 have long foreseen and obeu forewarned rny country men of the now impending danger. This does not proceed so ely Irom the claim on the part of Congress or the territorial legi.s - ftflfce,, .la exclude slavery from the Terri- to deteaVthe e.ecSiToUr L,,jfl'e.r?,U law. AH or any thrw rTiis'1mg'S,s.!.:I.,C, " teen er.riured by the South wiihou dinger 13 the Union, (as others have been.) in the hope that time and reflection rnihi appli es remedy. The immediate peril arises rot so much from these causes as from in fet that the incessant and violent agitation of. the slavery, question ihroupoii the North lor the last quarter of a century, has at length produced its malign influence on the slaves, and inspired them with vague notions t freedom. Hence a teue of e enr ty no longer exists around the family altar. This leediug of peace at home ha given place to apprehensions of servile in surrection. Many a mainm throughout the South retires at night in dread of what rr,ay teUll her-elf and her children before the morning Should thi apprehension of domestic 'danger, whether real or imaginary, extend -nd intensify itse f until it shall pervade the naes of the Southern people, ihen dis tmion wiii become inevitable. Seif-pres-rvatio-i is the first Jaw of nature, and has teen implanted in the heart of man by his Creator for the wisest purpose : and vo olitica! onion, however fraught with bless ings and benefits .in all other respects, can fuag continue if the necessary consequence fce fc fender the homes and the firesides of rtieatly ha t the parties to it habitually and .hopeless y insecure Sooner or later the bouils of ueh a Union must be severed It is my coiivieuou that this fatal period has not yet arrived ; and my prayer to God is 4hat He would preserve the Constitution and the Union throughout all geucraiious. Bur let us take wariiag in time and re move the causa ot danger. It cannot be denied that, lor five and twenty years, the jigiution at the North against slavery in the South has been incessant. In pictorial hand bills, and inflammatory appeals, were circulated extensively throughout the South, -of a character to excite the passions of the rlaves ; and, in the language ot General Jackson, 'to stimulate them to insurrection, and produce all the horrors of a servile war ' This agitation has ever since been con tinued ty the public prs, by the proceed ings of State and county conventions, and by abolition sermons and lectures. The time of Congress has been occupied in violent speeches on this never eudnig sub ject; and appeals iu pamphlet and other forms, endorsed by distinguished names have been sent forth from this central point, .and spread broadens' over the Union. - How eay would it be for the American people to settle the slavery question for ever, and to restore peace and harmony to this distraeted country. They, and they alone, can do it. All that is necessary to accomplish the object, and all for which the slave States have ever contended, is to be let alone, and permitted to manage their domestic institutions in their own way. As sovereign S:atcs, they, and they alone, are responsible before God and the world for tin slavery exist ng among them. For this, the people of the North are not more responsible, and have no ru ore right la interfere, thin with, simi lar institutions in Hussia or in Brazil. Upon, their -good sense and patriotic for bearance I cotfes I still "really rely. VVithoo: their aid, it U beyond the power jcA any Piesidenl, no matter what may be: jhis own political proclivities, to restore peace and harmony among the States. "AVisc'y limited ami restrained as his power, .under our Cousiituiiori and laws, he alone .ran accomplish .hot little, for good or for .evil, on- such a momentous question. And this brings me - lo observe that the .election of any one pi our fellow citizens to the 6f5c9 of President does riot ol itself iflonl just cause for dissolving the Union. This is more especially ttue if his election has been effected by a mere plurality, and i ot a. majority of the people, and has re- ! uhed from transient and temporary causes, j rh:th may probably never again occur. In j .order so ju.-tify-a resort to revolutionary ( resistance, the federal Government must be jjuilty ol 'a deliberate, .pal pable .arid ! dangerous exercise' of powers not granted by the Constitution. Tue lalePresidetiiial jsleci ion, however, has been held in strict eonlormhy wi'.h. its express provisions. How, than, cat! the result justify a revolu tion to destroy this very Cons itulion ? Esason, justice, a regard lor the Constitu tion, a. i require that we shall wH tcr tsras overt a.tu Ia':erou3 act o:i tno pan oi ids attempt to invade their constitutional rights. But are such apprehensions of contin gent danger in the luture sufficient to justify the immediate destruction of the noblest system of government ever devised by mortals? From the very nature of his office, and its high responsibilities, he must necessarily be - conservative. The stern duty of administering the vast and compli cated concerns of this Government affords in itself a guarantee that he will not attempt any violation of a clear constitutional right. After all, he is no more than the chief executive officer of the Government. His province is not to make, but to exe cute, the laws ; and it :s a remarkable fact in our history, that, notwithstanding the re peated efforts of the anti-slavery party, no single act has ever passed Congress, unless we may possible except the Missouri Com promise, impairins, in the slightest degree, the rights of the South to their property in sUves And it may also ; be observed, judging from present indications, that no probability exists of the pissago of such an act, by a majority of both Houses, either in the present or the next Congress. Surely, under these circumstances, we ouht to be restrained from presen action by the pre cept of Him who spake as never man spoke, that 'sufficient unto the day is the evil thereof.' The day of evil may never come, unless we shall rashly bring it upon our selves. It is alleged as one canse for immediate secession that the Southern States art de nied equal rights with the other States iu the common Territories. But by what acrhority are these denied ? Not by Con gress, which has never passed, and I believe never will pass, any act lo exclude slavery from these Territories; and cer tainly not by the Supreme Court, which has solemnly decided that slaves are property, and, like all other property, tlteir owners have a right to take them into the common Territories, and hold them there under the protec ion of the Constitution. So far, then, as Congress is concerned, the objection is not to anything they have already done, but to what they may do hereafter. It will surety be admitted that this apprehenhioti of future danger is no g od reason for an immediate dissolution ot the Union. It is true that the territorial legMature of Kansas, on the 23J of Feb- " iOC,-" HI" HIMI IUS15 ail Vl, over the veto ofine governor, declaring that slavery Ms, and shall be, forever prohibited in this Territory ' Such an act, however, plainly violating the rights of property se cured by the Constitution, will surely be declared void by the judiciary whenever it shall be presented in a legal form. Only three days after my inauguration the Supreme Court of the.Uuited States solemnly adjudged that this power did riot exist in a territorial legislature. Yet such has been the factious temper of the times that the correctness of tnis decision has been extensively impugned before the peo ple, and the question lias given ris-i to angry politic) conflicts throughout the country Those whw have appealed from this j idgmeut of our highest constitutional tribunal to popular assemblies would, if titey could, invest a territorial legislature with power to annul the sacred rights of property. This power Congress is ex presrly forbidden by the Federal ronstitut on to exercise. Every State legislature in the Union is forbidden by iis own constitution to exercise it. It cannot be exercised in any State except by the pe ple in their highest sovereign capacity when traming or amend ing their State constitution. In like matiner,ic can only be exercised by the people of a Territory represented iti a convention of d-legate for the purpose of forming a con stitution preparatory to admission as a S'.a'e into the Union. Then, and not until then, are they invested with power to decide the question whether slaver)' shall or shall not exist in their limits. This is an act ot sovereign authority, and not of subordinate territorial legislation. Were it otherwise, then indeed would the equality of the States in the Territories be destroyed, and the rights of property in slaves would de pend, not upon the guarantees of the Con hiitution, but upon the thiftiug majorities of an irresponsible territorial legislature Such a doctrine, from its intrinsic unsound ness, cannot Ion;; influence any considera ble portion of our people, much less can it afford a g -od reason for a dissolution of the Union. The most palpable violations of constitu tional duty which haveyet been committed consist in the acts ot different Stale legisla tures to defeat the execution of the fugitive slave law. It ouant to be remembered, however, that for these acts, neither Con gress nor any President can justly be held responsible. Having been passed in viola lion of the Federal" Constitution, they are therefore null and void. All the courts, both State and national, before whom the question! has arisen, 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 appellate triounal, but has met with such universal reprobation that there can be no danger from it a a precedent. The validity of this law has been established over and over again by the Supreme Court of the United States with perfect unanimity. It is founded upon an express provision of the Constitution, requiring, that fugitive f-laves who escape from service in one State to another shall be 'delivered up' to their masters. . Without this provision it is a well known historical fact that the Constitution itelf could never have been adopted by the Con vention. In one form or other under the acts of 1793 and 1850. both being substan tially the same, the fugitive slave law has been the law of the land front the days of Washington until the present moment. Here, then, a clear case is presented, in which it will be the duty of the next Presi dent, as it has been .my own, to act with vigor in execuliug this supreme law against the conflicting enactments of State legisla tures. Should he fail in the performance of this hi'h doty be will then have manifested a disregard of the Constitution ar.d laws, to the great injury of the people of nearly one half ol the people of the Slates of the Ucion. But are we to presume in advance that he will thus violate his duty! This would be at war wiih every princi ple of justice and of Christian charily. Let us wait for the overt act. Tha fugitive fclave law has been carried" into execution in every contested case since the com mencement of the present administration though often it is to be regretted, with great loss arid inconvenience to the master, and viih considerable expense to ih govern- impossible for any human power to cave the Union. The Sonthern States, standing on the basis of the Constitution, have a right to demand this act of justice from the States of the North Should it be refused, ihen the Constitution, to which all the States are parties, will have been wilfully violated by one portion of them in a provision essential io the domestic security and happines of the remainder. In that event, the injured States, after having first used all peaceful and constitutional means to obtain redress, would be justified in revolutionary resist ance to the Government of the Union. I have purposely confined my re .narks to revolutionary resistance, because it has been claimed within the last few years that any State, whenever this shad bo its sovereign vi!I and pleasure may secede from the Union, in accordance with the Constitution, and without any violation ot the constitutional rights of the other mem bers of the Confederacy. That as each bo came parties to the Union by the vote of its own people assembled in Convention, so any one of them may retire from the Union in a similar manner by the vote of such a Convention. In order to justify secession as a constitu tional remedy, it must be on the principle that the Federal Government is a mere voluntary associalion of Slates, io be d s solved Hi pleasure by any one of the con tracting parties. If thi bo so, ihe Con federacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the Slates. In this manner our thirty-three States may rosolvo themselves into as many petty, jarring and hostile republics, each one retiring from tiie Union, without responsibility, whenever any sudden excitement might impel them to such a course. By this process a Union might be entirely broken into fragments in a lew weeks, which cosf our forefathers many years of toil, privation and blood to establisi. Such a principle is wholly inconsistent with the history as well aside character ot the Federal Constitution . Aftci it was framed, with the greatest deliberation and care, it was submitted to conventions ol the people ct the several States for ratification, lis provisions were discussed at length in tlitfr-e bodies, composed of the first men of ' 'T-I--II.II1. onn 'ill ui I thai it conferred powers upon the Federal Gov eminent' danger, r;tfh. nf it, Stales, whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehen sions. In that mighty struggle bet ween the first intel.ects of this or any other country, it never occurred to any individual, either among its opponents or advocates to assert or even io intimate, that ifieir effor s were all va:u labor, because, the m iment that any State felt herself aggrieved she might secede Irom the Union What a crushing argument would this have proved against those who dreaded that the rights ol th States would be endanger ed by the Constitution The truth is, that it was not until many years after the origin of the Federal Government that such a proposition was first advanced. It was then met and refuseil by the conclusive argu ments of Gen Jackson, who in his message otJan I6;h, 1833, transmitting the nullify ing ordinance of South Carolina to Congress employs the 'ollowmg language. 'The right ot the people of a single State to ab solve themselves at will, and without the consent of the other States, from their most tsolemn obligations, an I hazard the liberty and happiness ot ihe millions composing this Union, cannot be acknowledged. Such authority is believed to b3 utterly rep'inant both to tfie principles npon uiioh the General Government is constituted and to the objects which it was expressly form ed lo attain.' It is not pretended that any clause in the CotislitU'ion gives cou menace to such a theory. It is ultogeih-r founded upon in ference, nol from anv lamrnaze contained in the instrument itself, bin from ihe over- ; eign character ot the several States by which I it was ratified But is it beyond the power j of a Slate, like an individual, lo yield a portion of its sovereign rights to secure the ! remainder? In the laujaaje ot Mr. Madison, ' who has been called the father of the Con- j stitution ; Ml was formed by the States ! lhat is, by the people iu each ol the States, acting iu their highest sovereign capicity ; ! and formed consequently by ihe same au- j thoriiy which formed the State Constitution. ; 'Nor is the Government of the United States, created b the Constitution, less, a j Government i.i the strict sense of the term, j within the sphere of its powers, than the i governments created by the constitutions of J the State are, within their several spheres. . It is, like them, organized into legislative, j executive, and judiciary departments, h operates, like them, directly on persons and j thing"; and, like them, it has at command a ! phjsical force for executing the powers committed to it.' , It was intended to be perpetual, and not to be annulled at the pleasure of any one ol the con traeii tier Dames. 'Ihe old articles of confederation were entitled 'Articles of Confederation and Perpetual U'iion be tween tho Sia es;' anil by the 13t!i article it is expressly declared th-at 'ihe articles of this I Confederation snail be inviouo.y ooserveu by every Stale, and the Union shall be per petual.' The preamble to the Constitution ot the United States, having express refer ence to the articles of Confederation, recites that it was established 'in order lo form a more perfect union.' And yet it is con tended that this 'more perfect union' does not include the essential attribute of perpe tuity. ! But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the Constitution on the Federal Govern ment, these powers embraoe the very highest attributes of national sovereignty They place both the sword and the purse under its control. Congress has power to make war, and to make peace, to raise and support armies and navies, and lo conclude treaties with foreign governments. It is invested with the power to coin money, end to regulate the value thereof, and to regu late commerce with 'foreign nations, and among the several Slates . It is not neces sary to enumerate the other high powers which have been conferred upon the Fed' eral Government. - In order to carry the enumerated powers into effect, Congress possesses the exclusive right to lay and col lect duties on imports, and in common with the States to lay and collect all other taxes. Bnt the Constitution has not only confer-, cd these hl?h powers upon Congress, but it has adopted fffetwp5j.orla-Ji?.i confederation ; grant letters of marque and reprisal ; coin money, omit bills of credit ; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law im pairing the obligation of contract.' More over, 'without the consent of Congress, no State shall lay any imposts or duties on any imports or exports, except what may be absolutely necessary for executing its in spection laws ;' and, if they exceed this amount, the excess shall belong to the United States. And 'no State hall, without the consent of Congress, lay any duty of tonnatje ; keep troops, or ships of war, in time of peace; enter into any agreement or compact with another State, or with a foreign power or engage in war, unless actually invaded or in such imminent danger as will not admit ot delay.' In order still further to soenre the uninter rupted exereice of these tiih powers against State interposition, it is provided 'that this Constitution and tho laws of th United States which shall be made in pursuance thereof; and aU treaties made, or which shall be made, under thu authority of the United State, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the Constitution or laws-of any State to the con trary notwithstanding.' The solemn sanction of religion has been superadded to the obligation of official duty, and all Senators and Representatives of the United States, as members of Sale legisla ture, and ad executive and judicial officers, 'both of the United States and of the sev eral State, shall be bound by oith or affir mation to support thi Constitution ' In order to carry into effect these power, the Constitution his established a perfect Government in all it forms, Legislative, Executive and Judicial: and this Govern ment to the extent of its powers, acts di rectly upon the individual citizens of every State, and executes its own decrees by the agency of its own officers. In tliis repect it differs entirely from the Government under the old Confederation, which was confined lo making requisitions on the States in iheir soversiti character. This left it iu the discretion of each whe her to obey or to refuse, and they often declined to comply with such requisitions. It thus became necessary, for the purpose of re moving this barrier, and iu ordttr io form a mnrp perfect Union,' to establish a Govern ment which wouM act onecity-uputt ,t,c people, ami execute its own laws without the intermediate agency of the States. This has been accomplished by the Constitution of tho United St.i'es. In' short, the Government created by the Constitution, and deriving its authority from the sovereign people of each of the several States, has precisely the gam riii'it to ex ercise its power over the people of all these Slates in the enumerated cases, that each one of them possesses r.v.r subjects not de!e g ited to the United States, but 'reserved to the States respectively, or to the people.' To Use extent of the delegated n iwers the Constitution of the United Slates is as l much a part of tho constitution of each . State, and is a binding upon iis people, as j though it had been textuaily inserted there in. This Government, therefore, is a great and po.verf.il Government, invested with all the attributes of sovereignly over the special subjects to which its auihity ex tends. Its Iratr.ers never intended lo im- I plant in its bosom the seeds of its own de- I siruciicn, nor were they at i 's creation guilty of the absurdity of providing for its own dissolution It was not intended by its fra tners to be ihe baseless fabric of a vision w hich, at the touch of ihe enchanter, w.u'd vanish into thin air, but a substantial and mighty fabric, capable of resisting the s ow decay of time and of defying the storms of ages. Indeed, well may the jealous patriot of that day have indulged fears that a govern ment of such high powers might violate the 1 reserved rights of the States, and wisely did they adopt the rule of a strict construction of these powers to prevent the danger ! But they did not fear, nor had they any rea : son to imagine, that the Constitution would ever be fo interpreted as to enable any , Stale, by her own act, and without the con- , sent o! her sister States, to discharge her j people from all or any of their Federal ob- j ligations. j It may be asked then are the people of, the States without redress against ihe tyr- a:iny and oppression of the Federal Gov eminent? By no means The right of re sistance on the pari of ihe governed against the oppressions of their governments can-; not be denied. It exists independently of j all constitution, and has been exercised at all periods of ihe world's history. Under it j old governments have been destroyed, and J new ones have taken their place. It is em- ' bodied ia strong and express language tn our Declaration of - Independence i "". .i But the distinction must ever be observed, that this is revolution against an established Govern ment, and not a voluntary secession from it by virtue of an inherent constitutional right. In short, lei ns look ihe danger fairly iu the face. Secession is neither more nor less than revolution. It mav or it may not Ue justifiable revolution, but still it is revolu tion. What,-in ihe meantime, is the responsi bility ami true position of the Executive? He is bound by solemn oath before God and the country 'to take care that the laws be faithfully executed, and from this obligation he cannot be absolved by any human pow er. But what it the performance ot this duty, in whole or in part, has been render ed impracticable by events over wfrch he could have exercised no control ? Such, at the present moment, is the case throughout the State of South Carolina, so lar as the law. of the United States to secure the ad ministration of justice by means of the Federal Judiciary are concerned. AH the Federal officers within - its limits, through whose agency alone those laws can be car ried into execution, have alreaay resigned. We no longer have a district judge, district attorney, or a marshal, iu South Carolina. In fact, the whole machinery of the Federal Government, necessary for the distribution of remedial justice among the people, has been demolished; and it would be difficult, if not impossible, to replace it. The only acts ol Congress on the statute book, bearing upon this subject, are those oltho 28ih, February, 1795 and 3d March, 1807. These authorize the President, after he shall have ascertained that the marshal with his posse com itat us is unable to exe cute civil or criminal proce-s in any pariicu- i lar case, to call iorfh the militia and employ ,f . nor,.- In H.l .hlW.in TXftXLiSJ, by possibility be performed in a State where no judicial authority exist to isne ptoce, and where there is no mar-hal to execute it, and where, even if there were such an officer, the entire popn'atiou would consti tute one solid combination lo resist him. The bare enumeration of these provision proves how inadequate they are without further lesrislntion to overcome a united op position iu a sing'e State, not to speak of other States who may place themselves in a simi'ar attitude. Congress alone has pow er lo decide whether the present laws can or cannot be amended so as to carry out more effectually the objects id the Consti tution. The same insuperable obstacles do not lie in the way ol executing the laws for ihe collection of the customs. The revenue still continues to be collected, a heretofore, ai the custom-house in Charleston; and should the collector unfortunately resign, a successor may be appointed to perform this duly. Then, in regard to the property of tho United States in Siuth Carolinn. This h.is been nurehased for a fuir ennivnlent. bv the consent of the Legislature of the State.' 'for j the erection of forts, magazines, nrscnal,' ' &e., and over these the authority 'to exercise i - i :i.: t i. i i cxciusnc ivgisi.iiiuu n;ii teen ,,r"'"'J granted by the Constitution It u not believed that any mads to exriL-l the Unite nronertv bv for.:o : but if in this I should ! prove to bo mistaken, the officer in command ! cf the forts has received orders to act etrictlr 1 on tha defensive. In such a contingency the ! resoonsibility for consequences would rignt- j fullv rot iin n the heads of the ussaiLints. - . I . C . .1 . f . I , Apart irom mc execution hi me laws, so j far us this mav be practicable, the Executive uas no iiuwioriiv iu ucuniu wnai t.ian ie i;i i I . . - . . I . 1 1 I - 1. . . . t 1 1 1 . t i relations between the Federal Government i and South Carolina. He has been invested with no fucli discretion, lie possesses no power to change tte relations heretofore ex isting between them much les to acknowl edge tho independence of that State. This would be to invest a mere executive ofuer with tho power of recognizing t lie dissolu tion of tho Confederacy among our thirty three sovereign States. It benrs no resem blance to the recognition of a foreign dif icto Government, involving no such responsibih- ty. Any attempt to do this would, on his part, be a naked act Of umirprttion. It 14, therefore, my duty to submit to Congress the whole question in all its bearings. The course of CTcnii to rapidlj hastening for ward, that the emergency may soon ariso when jou may be called upon to decide the momentous quemtion whether you possess the 1 I t power, by force of arms, to compel a State 1 to secure the amicable adjustment of con to remain in the Union. I should feel my- 1 Hiding constitutional questions like the sell" recreant to my duty wers I not to ex- press an opinion on this important question. Tho question fairly stated is : ilas the Cunstitu-.ion delegated to Congress the power neous hfptory. t) coerce a State m-o submission which is at- , this connection, I shall merely call at tempting to withdraw or has actually with- . xh: to a lew sentences in Mr. Madison's drawn from the Confederacy? If answered ln the arnrmative, it must be on the prin ciple that the power has been conferred up on Congress to declare and make war against a State. After much serious reflection, I hava arrived at the conclusion that no such I power bus bocu delegate to Congress nr to j any other department of tho Federal Gov ernment. It is manliest, upon an inspection j of the Constitution, that this is nut among i tha specific and enumerated powers grant i eJ to Congress: and it is equally apparent that its exercise is, not "necessary and proper for carrying into execution" any . one of. these powers. So far from this pow- er having been delegated to Cungre-"s,it was expressly releled by the Convention which trained the Constitution. It appears;, from the proceedings cf that body, that on the 31-t May. 17557, the clause "autioi iziij au exertion of the .force of the whole against a dcliajneiU tiiatc" came n for. consideration. .Mr. Madison oppose 1 ic in a brief but powerful speech, fmui which , J fehail extract but a single sentence, lie t observed : 'The use of force against a State would look more like a dccl.iratiou cf war i than an infliction of punishment, and wo'd ' probably lc considered by the party attacked ' ' as a dissolution of all previous compacts by ' which it might Lo bound.' Upon this mutiou, I the clauso was unanimously postponed, and ! was ne?er, I believe, again presented. Soon ! afterwards, on the 8th June, 1787, when in- ciientally adverting to the suljoct, ho said : "Any Government for the United States. ; formed on tho supposed practicability of ' using force against the unconstitutional pro ; ceediugs of tue States, wouli prove as vision ary and fallacious as ttie Government of Con gress," evidently meaning the then existing Congress of the old Confederation. itliout descending to partiaalars. it may Le safely asserted, that the power to make war against a State is at variance with the whole spirit and intent of the Constitution. Suppose such a war should result in the cou- quest ot a state, now are wo to govern it . , . .. . , . s I uiierwarijs ouau uc noio id as a province and govern it by despotic power ? In tb nature of things we could not. by physical force, control tho will of tho people, and compel them to elect Senators and Hei-re-sentatives to Congress, and to perform all the other duties depending upon their own volition, and required from the freo cit'uens of u free State us a constituent member of the Confederacy. But, if we possessed this power, would it bo wise to exercise it under existing cireum- l 6tancus? The object would doubtless be to preserve tho U uion. War would not only present the most effectual moans of de stroying it, but would baonish all hope of its peaceable reconstruction. Besides, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering future reconciliation Ltwccn tho States iin-po-siblo. In the raeautiuie.'who can foitell what would be the Bufferings, and privations of tha people during its existene? Tno fact i, that our Union rests upon public opinion, and can never bo cemented by the blood of its citixens tdiel in civil war. If it cannot live in the affection of the people a j it must one day perish. Congress possesses many means of preserving u oy conciliation; but the eword was not placed in their hands to preserve it by force. But may I be permitted solemnly to in voke my countrymen to pause and deliber ate, before they determine to destroy this, th grandest temple which has ever been dedicated to human freedom since the world began? It has been consecrated by the blood of our fathers, by the glories of the past, and by the hopes of the future. Tho Union has already made us the most pros perous, and ere long will if preserved, ren der us the most powerful nation on me iuco Surely, when we reach the brink f the yawning abyss, wo shall recoil with horror from the last futnl plunge. By such n dread catastrophe the hopes of the friends rf free dom throughout the world would bo destroy ed, nnd a long night of leaden despotism would enshroud tho nations. Our example for more than eighty yeara would not only bo lost, but it would be quoted as n conclu sive proof that man is unfit for self govern ment. It is not every wrong nay.it i not every grievous wrong which can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despair ing people, aficr every other constitutional means of conciliation had been cxhautc J. TVc should reflect that under this free Gov- j ernment there is an incessent ebb and flow j In public opinion. The slavery question, ! iikc eerjuiing numtin, win nave us tiav. , I hrmly be.ievc that it has already reached j ,.u F..-.u c lunumairiK ,.vmu uui .. . !? .t,,e ir"f of .l ,e existiriic excitement, tho , j tnii.n shall perish, the evil may then bo- j come irreparable. Congress can contribute I much to avert it by proposing and reoia- i mending to tho Legislatures of tho several States th9 remedy lor existing evils, which tha Constitution ha itself provided for its.; rivrn rirfi.i'rr-i f inn Thia li'n tiAin t.in 1 o i ; , . .-11 -i r ... . - "i ...... Q ..win ..in cic tion to Congress. different enthral period of our history, and . ie accomplished.' This confident excT ny attempt will be j nlwaj with eminent success. It is to bo J mi,,,, has since been fulfiled. Her Britan id States from this t I-"'l " the 5th article providing for itso-vn j ic M.j3sty concluded a treaty with Ho-idu- " ' ..... ...... ........ - amendment. Under this article amend nients have been proposed by two-thirds of j Jj0th houses of Congress, nnd have been i "ratified by the Legislature cf three-fourths j of the several St:ites,".ind have consequent- ; ly become parts of the Constitution. To : I., - .1 . .... , , i I III-iiIiiUJ t i H: 1 1 1 r , rr 1 :i m.lnKf a,l . a. M , , " i-- j '"-icuu yie i clause prohibiting Congress from passing j n,T lo.ir rPiiTiPlTiii, !n Odt-IMtialiinanf nF . -j -t --.... ....,..,...-.,,1, any abuse of power by tho Federal Govern- inent. Such were the apprehensions justly entertained by the friends d' State rights at l that period as to have rendereJ.it extremely ; doubtful whether the Constitution couid j have long survived without these amend ments Again, the Constitution was am on Jed by the same process after the election of I'resi- 1 uent Jcff-Tson bv the House of Representa tives, in February, ISO.i. Tills amendment was rendered necessary to prevent a recur rence i,f the dangers which had seriously threatened tho existence rf the Government during, the pendency of that election. Tho articlo for its own amendment was intended I present, which might ariso between theG iv- ' crnmeDts of the States and that of the Uoi- teJ States. This appears from contempora- , ; justly celebr.tteJ report in 17P9, to ihe leg ' isl.iu te of Virginia. I i l!iis lie ably and conclusively defended the resolutions of the ' preceding legislatures ajainst l-ie strictures j of t-everal other Slate egi!atures. 1 ;.ee ' ..1 were muitdv founded upon l.ie protect ot f i"ie Virginia ' l-gislature against ihe ' Alien oi:J sedition ACis, - as pa patne ami alarm ing infraction of trie Constitution." iu pointing out the peare'nl and constitu tional remedies, and he referred lo none other, io which the States were authorized to re-ort, on such occasions, hj concludes by saying, "that the iegislatorcs of the Slates might have made a direct representa;io:i to Cotiuress with a view to obtain a rescinding of ihe two offensive acts, or they might have represented to their respective Sena tors in Congress their wish that two thirds thereof would propose an explanatory amendment to the Constitution, or two tl.ir is ot themselves, il such had been lii oir option, mighty an '. ress, f.ave obtained application to I ou a convention lor the fa-ne object.' This is the very course which I earnestly recommend in order to obtain an 'explana tory amendmer.l' of the constitution o:i the Mil'ject ol Slavery. Thi ni glit originate! in Congress or the State Legislatures, as may be deemed most advisable lo attain the object. The explanatory nmendmen! may be confined to ihe final settlement of tho true construction of ihe Constitution on three special points : 1. An epre-s recognition of the right of property in slaves in the States where it now e.i.-ls, or may herea.ter exist. 2. The duty of pro ecting thi right in all ihe Common Terr. lories throughout their territorial existence, and until they bhali be admitted as States into the Union, wi:h or without siaves as their Constitutions may pre-cribe. 3. A like recognition of the right of the ma-ter o have hi slave, who escape from one Nate to another. reiored and 'deliver ed up' to h:m, and of the valid. ty of the Fugitive -lave law enacted for this purpose, together with a declaration that all State laws impairing or defeating tins right arrf violations of ihe Constitution, and are con sequently null and void. It may be objected lhat this construction of ihe Cons itutioti has already been settled by the Supreme Court of the Ur.iied State, and what more ough to Le required ? 1 he answer is, thai a very large proportion of the people of the United Slates stid contest the correctness o! ihis decision, and never will cease from agitation and admit its b"tid ing force until clearly established by the people ol several states in ttieir sovereign character Such an exnlana orr amend- metit would dd it i f.elieved. for-iver termi- na'e the existing dienioti3 and restore peace and harmony among the States. It ought not to be doubted that such an appeal to the arbitrament established by the Constitution itselt would be received with favor by all the Slates of the Confed- eracy in any event uougni io ie irieu in a spirit of conciliation before any of lheo States shad separate themselves from the Union. When I entered upon the duties of the Presidential office, the aspect neither of our foreign nor domestic affair was at all satis factory. We were involved in dangerous complications with several nation, and two of our Territories were in a state of revolu tion against the Government. A restora tion of the African slave trade had numer ous and powerinl advocates. Unlawful military expeditions we countenanced by many of our citizens, and were suffered, in defiance of I he efforts of tbe Government.to escape from our shores for the purpo-e of making war upon the unoffending people ,n.f;ini . i r. .iV!ti ...tii. "t-"",,"'" ligion, or abridging tho free font cf speech . concluded at London 0:1 the 17 h October r r- ff flirt rif jJ r tf t MrfK nT rrt t'1 1 i f w r. C 1 ... - ... ... . ... 1 leiweeu ins nvo governments. ' It Io this we are .also indebted tor tho bnlof . wi.l be recollected that ibis treaty was rs nights, which secures tho r eor.l. ngainst icted bv the British CI vmm :-. t h-.nu and of ruinous consequence to all the great ltitefets of ihe vonntry. When we take a retrospect of what wa then our condition anil contrast ihis w;ith material prosperity at the time of ihe late Presidential elt-ctton, we have aoundant re.iiii to teturn our grale ful thanks to that merciful Providence which has never forsaken us as a nation in ail our past trials. OUR FOREIGN RELATIONS. GREAT BHirAI1 ' Ottr rela'ions with Great Britain ae of the most friendly character. Since th com mencement of try administration, the two dangerous questions, arising from the Clay ton and Bnlver treaty and from the right ot search claimed by tt.e British Government, have been amicably s.n I honorably adjusted. i ne uiscoru.ini constructions ot the Clay 1 -ii:d Bulver treaty between the two ton oovernment which, at difTcrnf npr-! of tlie discu-sio'n, bore a threatening aspect, ,.aPe rL.su.:C(j , :l final settlement ehtirelif sMUciory to this Government. In my lat Hm);t nie..age I informed Congress that the British sovernm-nt h.vl nn. th nm. p:e:ed treaty arrangements with -h .; Ii.-.rii i "t. ncs oi iion. uiriii ana Nicaragua, in pursu- ace of the understandiiir between thtwn governments. Ii is nevertheless Confidently . i . i. . . . . J e.ueciuii ::iai mis good work will ere Ion ras on the 2?:!i November, 1359, and with. Nicaragua on the 28th Auguest. H60 relin quisiitg the Mosqito protectorate Batides b the former, ih! Bay Islands are recog nized as part of the republic of Honduras it may be observed thn.t I'm chnnhimni f v . I I iruiULIUII . .1. . 1 . , . me-e ireanes coniorm in every important particular to the arnendmns "adonted br . I . . . O . . r i ... ... . ' uf its objection amendment cf to the vist and important cf tho Senat to lh: articlA relating to Il.iaiati a id the other islands in the Bay of Honduras. It must be a source of sincere satisfaction to all c!ases of our fellow-citizen, end especially to those engaged in foreign com merce, that the claim, o.a the nart of Great Britain, fofcibfy to visit and search Amer ican merchant vessels on ihe high sea in time uf peace, has been abandoned. TtI was by tar the most dangerous question to' the peace of the two Countries which has existed since the waf of 1812. Whilst it remained open, they might at any moment have -bee.i precipitated into a war. Thi wa rendered manifest by the exasperated state of p- blic feeling throughout our en tire country nrodnced hv the fnrpih! sanrrh of American merchant vesels ty British cruisers on the coast of Cuba, in the spring of 185S The American people hailed with general ncclaim the orders of the secretary of the Navy to our naval force in fhe Gulf of Mexf.'j ;o protect all vessels of the United state-, on the high seas from search or de'entio'i by the vessels of-war of any other nation ' These orders mijht have pr uluced an immediate collision between the naval forces of the two countries. Thi was iiiii-t lurtitnate'v prevented by an ap peai to the justice of Great Britain and to the la.v of natio is a expounded by her own most eminent jurists. The only question of any importance j which slid remains open i the disputed ! ii le between the two governments to the ; island of San Juan, in the vicinity of Wash j injto'i Territory. A thi question is :iH ' under negotiation it is uoi deemed advisa i ble at the present moment to make any j other allosicm to the subject, j The recent visit of the Prince of Wa'e. j in a private character, io lh people of thi : country, has proved to be a most auspicious j eent. In its consequeties, it cannot fail , io increase the kindred and kindly feeling . ' which 1 trust may ever actua e the govern j ineul a::d peop'e of both countries in their i political and social intercourse with each o.fier. FRANCR. With France, our ancient and powerful ally, our relations continue to be of the mo.st friendly character. A d?cision has recently been made by a French judicial tnbu ial, with the approbation of the Impe rial Government, which cannot tail to foster ttie sentiments of mutual regard that have so long existed between the two countries. j Under the French law no person can serve in the armies of France unle he be a i French citizen. The law of France re I cognizing the natural right of expatriation, : it to'ilows a' a necessary consequence that 1 a Frenchman, by the fact of having become ! a citizen of .he Uni ed Slates, has changed ' his a legiuice and has lost hi native char acter. He cannot, therelore, be compelled 1 to serve in ihe F.-inch armies in case he 1 should re urn to his native country. The i principles were announced in 1852 by the I French Minister of War. and in . two late ! cases have been confirmed by the French ! judiciary. In these, two natives of France i have been discharged from the French ! army because they had become American ' citizen To employ the language of oar ' present Minister to France, who has ren 1 dere fM.l service on this occasion. I do ' not uiiuk our French naturalized fellow ' citizens will hereafter experience much i annoyance on this subject.' I ventnre to j predict that the time i not far distant when i the other continental powers will adopt the ! same wise and just policy which ha dons ! so much honor to tha enli"hteneJ govem- i ment of the Emperor. I ii anv vent cur i Government is bound to protect th? right ot our naturalized citiz-ti everywnere to the same extent as though they had drawn I heir first breath in this country. We can recojuize no distinction between oar native and naturalized citizens. tcssia. Between the great empire of Russia and the Uni ed States the mutual friendship an 1 regard which ha' so iongevisted still con tinues to prevaiT, and, if possible, lo in crease. Indeed onr relation with that Em pire are all thit we could desire. , SPilM. Our relations with Spain art? now of a more complicated though less dangeron character than they have been tor many year. Our citizens have long held, and continue to hold, numerous claims against ihe Spanish government. These had been ably urged for a series of years by our suc cessive diplomatic representatives at Mad rid, but without obtaining redress. The Spanish government finally agreed to insti- ,.., t.-sLilrntnjttlopJitw.J'?!" ' i.it7 .-ii5!ia e ci ine LiiiiteJ Mite 10 thft lr.itir
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