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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.
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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