extra,
1 1ST .Mil MESSAGE
JAMES BUCHANAN,
rKEsIPF-VT "I- T!IK UNITED STATES.
FtlUtt ClliZtXS IT THE SLHTt AM) IIul'SE
or liEi'-.t-EMAnvEi : throughout the year
unre.-ur lt?t met tiin:. the couotry lias been
eni:iie;iti pruspei.us in all its uintetiul inter
ests. 1 ee i:. ncr.il ln-ulih has leen excellent.
vu hit vests have I ceil al un hint, and plenty
smi es ihror.bou'. the luud. Uur otumerce
met un.nut ii-inns huve Ihiu prosecuted with
etiiigv i' I iu lustry, mid have ieltlt tl lair and
anqle ivlutns,. in tle-il, no nation iu the
tiieuf time has ever puschteda s;-cctacie of
greater tintciial pri upciity th at wo have done
ci.tilwitiiiii a Very recent p.lijd.
Why is it, then, that disc .titcrit now sr ex
tensively revti!s, :iti.i the Union of the States,
which is the source of nil these blessings, ie
ttireit--n.-l with iVstr'ictinii ? The 1 con-
tinlie.
id intcmpente ititfrffnr.ee i.t the
Northern t-eople with the question of slavery
m the S..ulhi in St etes has at length produced
its natural e-lhcts. 'I he elilh-reni icctii.rs of
tlie 1'niou are now arrived against euh othf-r,
utel the time has arrive I. so much elremleil by
theFith-ref Ids Country, when hostile geo-ciaphic-a!
patties have teen tunned. I have
Im.g tup seen and often forewarned my country
men o! the now impending dauger. '1 his does
no! proceed solely Irom the claim on the pirt
'I futures? or the territorial legi-latures to ex
t lule slavery from the Teirit..ries, nor trom the
t darts of different States to defeat the execu-ti-.n
of the fugitive Slave law. All or any of
these evils might have teen endured l.y the
South without daniter to the Union, tun others
have Wen. I in the he .pe that tune and reflection
mi-jilt apply the remcvly. 'liie humediite jieril
nris.s not s much Irotu these isiisesa tro:n
itie. fact tint the ince-sant atid violent agita
tion of the slavery questhin throughout the
.oirft or tlie last quarter or a centurv, has at
1-ugth proiineed its malign itillueni-e upon the
siaies, and iustitcil them with vague notions
1 freedom. Hence a reuse, of secutitv no
.'i:.- r exists arountl the family alt.tr. This
t-tiii.g of pence nt home has given place to ap-
inciiiiiMiiii oi tcicne iiisurTection. Many
uiititm throughout the South retires at night
itnlr.ad of what may befall hers-lf and her
il.il lien before the morning. Should this nn.
I rih us ou of domestic thinner, whether real or
iiut.'tti try, extend and intensify itself until it
nn i e rvade t he masses of theSonthern people,
ttieu ih- anion will become inevitable. Si If nre-
H-rvjiim is the hr.-t law of nature, and has been
I'jipl uitcd iu the heart of man by bis Creator
lor the iv.sest purpose ; and no political union,
hos.-v.-r Iraagl.t with blessings and lenetitsin
nil nth r re pects, can lnnR continue, if the ne
cesary cons queuce Ik- to render the homes and
hreilfs of marly half the partii-s to it habitu
ully and h 'rn h-s-ly iimeci.re. Sooner or later
tue bjuilso: sueh a Union must be severed.
It is my com iction Ih it lliis fatal period has
not yet arrived ; and my prayer to l!od is that
II' weuld pr.erve the Constitution and the
Lui u tiiiuiihout all generations.
1: ;t let tis take warning iu time, and remove
t ie ea i- of danger, it cinnot be denied that,
fir ine arid twenty y.ars, the agitation at thu
.'itUa.-a:ust slavery ia the botiih, lias been
. e-su.t. Iu piet jrial hatitibills, aud iu
I.iuiuut.,i vap;,ia!s, w -ie citculated extensive
ly t .tuu.ii u the South, of a character to ex
tit? Hie pissiuua of the slaves ; and, in the lan
iratue u Ueu ial Jackson, -to stimulate them
tiuisaiteaioo, aud produce all the horrors of
astrvii; war' Tms agitation Las ever since
Keen cutiuued hy tha public press, by the pro
eecuiu; of Mate and county conventions, and
iy "lui.t.ea sermons and lectures. '1 he time
I ju.'iets Las been occupied iu violeut speech
's "a t.-.is never-ending, subject ; audapiieals in
lm;ih et au l other foims, eudorsed by distin
KUteiiei r.,mes, havi bien tent forth flora this
jrttial jKint, and sptcad troadca-t over the
II .w Cisy would it bf for the American peo-H-to
settle the slavery question forever, and
COTutry" 'lC5 ""J L'rmoDy to distracted
UIrV',?f "iey "'e- 'l0 '' All that is
h .T t? ,,il''Tpl",h.Uieol'i-tt- uj " to
he 1 C h"c contended, is
" De let a.oue, and permitted to manage their
-Wt.c institutions in their own L
toveren SUUi, they, aJ ,iey alone L ,e
p.Uc Ufore Uud aud the world for t";
! U":FJl"? t"""- for this, the
and h .v . . "" 'esK)nsioie,
r ...ie iii im iorin ai not
i . "s"1 " interfere, tnao with
miliar tnstitut.ons iu Itussi, or in lfrazH -
S.no'" SL2?.d " P-erofany IVesi-
V tilies t,. . "7"' "own political
f n aiiJ i l ' "ur -ousiito-
a mumeotous
i tt LI"8? me t? that the elcc
cAt Vn;i,W lat to the of
, .tall'jt of nff"l just
'ntot , b",,ltki" hM effected
IT'e aai ? "y' Td Uot ""ywity, of the
"rietToT i : hoev. na been held in
H- '.SSJ XVllh exPrra Pvision..
destrow' n 9 r,:ult J"8 resolution
utroy this very ConetituUon t Keason,
lUrtice, a regard for the Constitution, all r,..
quire that we shall wait lor fine overt and
dang, tons let tu tlepait.f th- l'r.sldetit
el.t t lH.!otc resorting to ueh a remedy.
ii is biii. nuwevrr. iliat the uiucc. dents d
tue i ieni.iet.1 dec- t,.,ve i,e.i siiliieieul to jus
tily thu tears ol li e South that be will attempt
to invatle their coustituih'iiTil iii--.is it
suth apprt hensious of coutingeutd iriger iu the
luitiiesuuicieut to jiistlly the immediate des
tructiou of the noblet system of government
ever devised by mortals? From the very na
ture of his otiice, audits hih responsibilities,
he must utcessarly be conservative. Tue stern
duty ot administering the vast and complicated
concerns of this (Sovernment affords in itself a
guarantee that he will not attempt any viola
tion of a clear couitiutitmal right. An. -r all,
he is i o mote thmi the chief x eti ive t thcer
ol tue tii.ven.metil. His. proii.(e is not to
make, but to tx-cute. the laws ; ai d il is a re
umikible hiU in uur history, that, notwith
standing the ie;-eat,d .Ihuts ot Ih-auii slawry
party, no single act has ever pissi d t'oiigiess,
unless we may possii.ly exe pt the Miss .uri
Conif romise.impjiiit.g iu the slightest degiee,
the rights of the South to then property in
slaves. Ami it may also be olwerved, judging
irora present indications, that no posi-iliility
txisis of the passage of such an act, by a ma
jority of both Hou.ms, either ia thn present or
the next Congrets Suiely, under these cir
cumstiueis, we ought to lie restrained from
present acti. n by the precept of lliui who spake
as never mm spoke, that 'sufUeh nt unto the
day is the evil tlnriof." The day of evil may
never come, unless we shall rashlv bring it
upon ourselves.
It is alleged as one cause for imme li.itc
cs-inn that the Southern States are denied
equal rights with thu other States in the com
mon Territories. Hut I t what authority are
these deuitd.' Not by' Congress, which has
never passed, aud I believe never will jiass, any
act to exclude slavery from these Territories:
and tertaiuly not by the Supreme Court, which
has sol, mnly decided that slaves are property,
ar.d, like all other property, their owners have
a right to take them into the common Terri
t'.ries, snd bol l them then under the protec
tion of the Constitution.
bo far, thin, t'S Congr. ss is concerned, the
objection is nut to an) thing they have alieady
done, hut to what they n.ay do herealter. It
will surely be admitted that this apprehension
-f future danger is no good reason lor an imme
diate dissolution of thu luion. It is true that
ti e teuitoiial legislature of Kan-as, on the 23J
i f February. lSuO. pissed iu grejt ha.-te an act,
over the Vet of the governor, declaring th it
slavery -is and shall Im, forever prohibited in
this Teiritory." Such an cct, however, pl iinly
viol.iting the lights of property secured by the
Constitution, will surely be declared void by
the judicial jr whenever it shall be presented in
a b gal torm.
Only three days after my inauguration the
Supremo C.mitofthe I'nited Slates solemnly
aujudged that this power did not rxist in a ter
ritotial lrgii.latiire. Vet 6tih has been the
(actions temper of the tunes tlmt the correct
ness of this deeiMnn has beta txtensivtly im
pugned b. h.re the iople, and the question has
given rise to anry political conflicts through
out the country, ihes; who have appealed
from this jti Igmeuj ot our highest coustitti
tiontil tribunal to popular a-semblies would,
it they could, invest a icrritoiial legislature
with power to annul the send right of prop
erty. This power Cougress is expressly tor
bidden by the Federal Constitution to ex
ercise. Every State legislature in the
Union is forbidden by its own constitution
to exercise it. It cannot be exercised iu
any State except by the people iu their high
est sovereign capacity when flaming or amend
ing their State constitution. In like manner,
it can only be exercised by the people of a ler
litoiy represented in a convention of delegat.s
for the purpose of fiaming a constitution Vr...
t aratory to admission as a Slate intothe Union
i iieu, ouu nor, until tlien, aie they invested
with power to decide the questiou whether
slavery snail or shall not exist within thei
limits, litis is an act of sovereign authority,
...I. i ii-ii oi suconitnnte Tcrritonal herniation
were it otherwise, then indeed would the
equality of the States in the Territories be de
stroyed, and the lights of property in slaves
would depend, nut upon the guarantees of the
Constitution, but upon the shifting majorities
oi an urcspou.-io:e lerritoiiat legislature. Such
a doctrine, trom its intrinsic unsoundness, can
oi t loug inlluence auy considerable portion of
our people, mucb less can it afford a good rea
sen for a dissolution of the Union.
The most palpable violations ot constitution
al duty which have yet been committed consisl
iu the acts of different State legislatures to de-
i-ai me execution or me lugitive slave law.
Jt ought to hi remembered, however, that for
these acts, Deither Congress nor anv President
can justly oe uem responsible. Having beca
passed tn violation ot the I-edcral Constitution
tliey are therefore null and void. All the
courts, lioth State snd Isational, before whom
tue question has anseu. Lave ficm th
beginuin;; declared the fugitive slave las
to De constitution!! Ihe single exception
mat. oi a iaie court in u ispnnm
and this bag not only been reversed by the
oiojicr nppejiAi iiiouuai, nut hag met with
such universal reprobation that there can lie
nodauger from it as a precedent. The validi
ty of this law has beeu 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 t!av1s who cscane from
setvicT- iu one owns to anotner snail be "deliv
ered up to their masters. Without this r.ro.
vision it is a well-known historical fact that th
lunsuiution itseit could never have been adopt
ed by the Convention, in one form or other
under the acts of 1793 aud ISoO. both l.,.ir,r
substantially the same, the fugitive slave law
has been the law of the land from the davs of
w ashington until the Drescnt moment H.n.
then, a clear case is presented, in which it will
oe the duty of the next President, as it has
oeen my own, to act with vigor in executing
inns .iiiinuc ihw agaiusi me conutcting emit
ments ot State legislatures. Should he f-il in
the performonce of this high dntv. lie will then
nave uiauiiesieu a aistegard ot the Const tn
Hon and laws, to the great injury of the people
oi nearly one-naii oi the states of the I nion.
But are we to presume in advance that he will
thus violate his duty f This would be at war
with every ptinciple of justice and of Christian
charity. Let us wait for the overt act. The
fugitive-slave law bas beeen carried into execu
tion in every contested case since the commence
mcut of the present administration ; though
often, it is to be regretted, with great loss and
inconvenience to tue master, ana with consid
erable expense to the government. Let ns
trust that the State l-giolatures will repeal their
unconstitutional ana ol.noxious enactments.
Unless this shall be done wilhont unnecessary
delay, it is impossible for any human rower to
save the Union.
The Southern States, standing on the liatis of
the institution, nave a right to demand this
act of justice from the States of the North.
Should it be refused, then the Constitution, to
which all the States aie parties, will have been
willfully violated by one portion of them in a
provision essential to the domestic security and
happiness of the remainder. Iu that event the
injured Stales, after having first used all peace
ful and constitutional means to obtain mlresn
would he justified in revolutionary resistance
ro me government ot the Lmun.
I have purposely confined
revolutionary resistance, because it bas lieen
claimed within the last two years that any
State, whenever this shall be iu sovereign ifl
and pleasure, may secede from the Union, in
evuiuimw witu tue institution, and without
any violation of the constitutional rights of
the other members of the Confederacy. That
as each became paities to the Union by the
vote 1 1 lis own people assembled in Conven
tion, mi any one of tin -m may retire from the
Union iiiasituilar manner rjyluevotc ot such a
convention.
In oidcr to jinti-ysecciiou us aconsiitulion
ai i. in- .lv. ii n.iHt lw on Ihe piinciple that the
r.ileral (i ivernmclit is a meio vuluntary asro
emti u of states, to be dissolved at pleasure by
any one ot thu couiractiug parties. If this be
so, the CoufcdetiK y is a rope of sand, to be
penetrated and dissolved by the first adverse
wave of public opinion iu auy of the States.
In this maimer our ihirty-three States may re
solve themselves into as n:any petty, jarring,
and hostile republics, eac h one retiring from
the Uni.iu, without ies oi,sil iiity, wht never
any sudden excitenn nt might luiel them to
such u conrsB 11 this pro. es a Union might
b.i entirely broken into fiagui -tits iu a few
wetks, which cost our 1. i. tnti.e:s uiinv jears
of toil, privation, aud blood to estali i h.
Such a principle is wholly incotisi-t nt with
the history as well as the character ol the Fed
eral Constitution. After it was fiaine.l, with
the greatest deliberation and care, it was sub
miueii 10 conventions ot the people of t
several States for ratification. Its piovU.-ns
were discussed at length in these bodies, c. mi
p sed of the bist men of the country. Its o(i
poneuts ronteiided that it conferied jMiweis
U-oii the Feileral Government diugerous to the
lights of the States, whilct its advocates uiain
lained that uuder a fair construction of the
instrument there was no foundatiou for such
appieheuxions. In that mighty struggle be
tween the first intellects ot this or any other
country, it never occur led to any individual,
either among its opponents or advocates, to
asseit, or even to intimate, lht their rff rrta
were all vain la' or, b. cause the luomeut that
any State felt henelt aggrieved rha might
secede from the Union. What a crushing ar
gument would this have proved against thosi
who dieaded that the righu of the States
would be endangered by the Constitution. 'Ihe
tiuth i, that it was not until many years after
the origin of the Federal Government that
such a proiawition was first advanced. It was
then met aud refuted by the concln-ive argu
ments of Gene al Jackson, who in his mess ige
of li',tli January, 1S33, transmitting the nulli
fying ordinance of South Carolina to Congress,
employs the following language: "lbe right
ot the people o: a single Slate to absolve them
selves ut will, and without the consent of the
other States, from their most solemn obliga
tions, and hazard the liberty and happiness of
the millions composing this Union, cannot be
acknowledged. Such authority is believed to
bj ntteily repugnant larth to thu principles
upon which tlie General Government is consti
tuted and to the objects which it was expressly
formed to attain."
It is not pretended that any clause in in tlie
the Constitution gives countenance to such a
theory. It is altogether founded upon iufer
encc, not from any language contained in the
instrument itseit, but from the sovereign char
acter of the several States by which it was
ratified. But is it beyond the p wer of a Shite,
iiko an liiuividviil, lo yield a portion ot its
sovereign i:ght lo secure ihe remainder! In
the language of Mr. Madison, who has been
called Ihefalherof the Constitution : "It was
formed by the StaUs that is, by the people in
each of the States, acting in their highest sov-
er. ign capaiity ; aud formed consequently by
the i-auie authoiity which formed the State
constitution
"Nor is the Government of the United
states, created by the Constitution, less a Gov
erumeut in the duct sense of the term, within
the sphere of its powers, than the governments
created uy tne constitutions of the States are.
within their several spheres. It is, like them
ir-'iiuizcd into legis alive, executive, and jit
uiciary uepaiimcnu. it operates, like them
directly on iersons and things ; and, like them
it has at command a physical force for exe-.-u
ting the powers commuted to it.
It WIW ititr-iufal to Im, pui pwltqj, iiicl noi
to be annulled at the pleasure ol any one of Ihe
contracting parties. 1 ha old articles of con
federation were entitled "Articles of Confeder
ation and Perpetual L nion between the States:'
and by the 1-tth article it is expressly deelaied
that "the articles of this Conlcderation shall
! inviolably olwerved by every State, and tlie
Union shall be perpetual." The preamble to
me consiliuilou Ol tue lj lilted Mates, having
express reierence to ihe articles ot Confedera
tion, recites that it was established "in order
to tonn a more perfect Union." And yet it is
contended that this "more perfect Union" does
not include the essential attribute of per.
petuity.
Hut that the Union was designed to be ncr-
petual appeals conclusively from the nature and
extent ot the powers conlerred by the Constitu
tion on the Federal Government. These pow
eis embrace the very highest attributes of na
tional sovereignty. 1 hey place both the sword
and the purse under its control. Congress has
power to make war, and to make peace; to raise
and support ainiies and navies, aud to conclude
treaties with f.ireigu governments. It is in
vested with the power to coin money, and to
regulate Ihe value there if. and to roirulata
commerce with mreign nations, and among the
several States. It is not necessary to enumer
ate tue otner nign powers which have been con
terred upon the t ederal Government. In order
to carry the enumerated poweis into effect. Con
gress possesses the exclusive right to lay and
cuueci uuiies on imports, ana in common with
the states to lay and collect all other taxes.
tint the Constitution has not on v conferred
these high powers upon Congress, bnt it has
adopted effectual means to restrain the States
from interfering with their exercise. For that
purpose it has, in strong prohibitory languige,
expressly declared that "no State shall enter
into any treaty, alliance or confederation; grant
tetters or marque ana reprisal ; coin money
emit bil's of credit ; make anything but gold
and silver coin a tender in payment of debts:
pass any mil ct attainder iz pott Jjcto law, or
law impairing tne olligation of contracts. '
Moreover, "without the consent of Conirress. no
State shall lay any imposts or duties on any
luifioris or exports, except wnat may oe abso
lutely necessary for executing its insnectinn
laws ;" and, if they exceed this amount, the
txtw ahail belong to the United States.
And "no niuUi eiiaii, milium aic consent of
Congress, lay any duty of tonnage; keep
troops, or snips oi war, in time ot peace ; enter
into auy agreement or compact with another
State, or with a foreign power; or engage in
war, unless actually invaded, or in such immi
nent danger as will not admit of delay."
in order still further to sf cure tne uninter
rupted exercise of these high powers against
State interposition, it is provided "Iliac this
Constitution and the laws of the United States
which shall be made in pursuance thereof ; and
all treaties made, or which shall be made, nn-
ler the authority of the toiled 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
contrary notwithstanding."
Jbe solemn sanction of religion has been
superadded to the obligations of official duty.
and all senators and representatives of the
United States, all members ol State legislatures.
and all executive and judicial officers, "both cf
the United States and of the several States
shall be bound by oalh or affirmation to sup
port this Constitution."
Iu order to cany into effect these nowera
the Constitution has established a nerfect Gov
ernment in an us lorins, Legislative. Execu
tive, and Judicial ; and this Government, to
tue extent ot its powers, acts directly upon the
individual citizens of every Slate, and exe
cutes its own decrees by the agency of its own
officers. In this respect it ditleis entirely from
the Government under the old Confederation,
wnich was confined to making requisitions on
the States in their sovereign character. This
h it it iu Ihe discretion of eaih whether to obey
or to r fuse, and they oft. n declined to comply
wsth such lequioitiou . It thus became neceii
sary, lor the puipusi of remuving this bariier,
and ''in order to form u more peifect Union,"
lo estal-li.h a tiove.nini nt nl ich could a-1 di
recily tiioii the piople, and execute its own
laws without the intermediate sgeucy of the
States. This ha b ea ac.omplished by the
Constitution of the United States.
In short, the Government crcat d by the
Constitution, and deriving its authoiity from
the sovereign people o; iaih of ihe several
States, has precisely the same right lo exercise
its power over the people i f ell these Stat s, in
the enumerate I cases, that each i he nf tnem
pi ssi ses over subject-! not delegab d t the
United Slates but "icoervid to the Siales, res
pectively, or to the people."
'lothe extent ot the dele-'at. d powtrs the
Ci.iistitution of the Unite.! Si t s i- as muth a
iait ol the constitution i iu. i s ..Ie, and is
us binding upon its pci.j I -, ns thou ,h it hail
hcen textuallyinsir'id therein.
'Jhis Uoveiumcnt, tl.ii. ia a curat and
powerful (iovciuuieut. inve. u I ;! nil ihe at-
irilniles of sivereiguty over tlie si-ciai stib-
! j.-cts to which its authority extends. Its Ira-
u.e:s never intended to implant in its bosom
the seeds ot in, own d atruction, uor were they
at its cit-.lioti ciiiity ol the absurdity of provid
ing fur i s. .wn diss lutioii. It as nut intended
b it- Ii . ii is to lie ti e baseless tabiieof a
vision, wl.i.-ii, a' the touch of the enchanter,
would v.nish i .to thin air, but a substantial
and mighty f ib-i , capable of enisling the slow
decay of tune nti.i ot ileti in the stoimsot ayes.
Iudctd, Well may he j al. ns .t tints of that
day have indiiU-. .1 ha s ih.it a government of
such high poweis miijit vi. l.il. lint reserved
rights ct the Statts, mid nis- lv did they udept
the rule of a strict c.iistru n...i th.-se pow
eiB to prevent the danger ! l.'.t th. y iii I not
fear, uur La I they any ieis-m to i iniiine. that
the Cot stitulion would ever Ihj s . inteipretcd
as to enable any State, by h. r i. n net, and
without the consent of her sister Miles, to di
charjio In r pe le lioui all or any i f tneir l-'.d-eral
obligations.
it may be asked, then, are the people of tint
States without redress against the tvraiiy and
oppression of the Federal Government ? Uv no
mans. The right ol resistance on the pai t ot
the governed ag dust the opprtssien tf their
governments cannct be deuicJ. It exists inde
pendently of ail constitutioi s, and t.a-i been
exereisid st al! H-riuds of the world's history
Under it old governments have been destroyed,
and new oil's haie taken their plice. It is
euilaxlied in strong and express language in
our own Declaration of Independence. Hut
the distinction must ever be chservtd, that this
is rcvolutiiu against an establish':-! Govern
ment, and not a voluntnry secession from it
by virtue ol an inherent constitution-l right.
In short, let us look the d.iuger f.iiily iu the
face. Secession is neither more tier less than
revolution, it may or it may not hi jtistitia
hie revolution, but still it is revolution.
What, iu the meau cime, is the risponsihilit)
and true position ct the Executive? He
is bound by solemn outh beiore God and
the country "to take care thatttie laws
be faithfully executed," and from this obliga
tion Le cannot bo ul solved by any human
power. H it what if the p -n irinat.ee of this
duty, iu whele or ill p .ri, h is Is eu ren-Ured
impracticable byeviuis over wi.i.-ti he cou.d
have exeicioed m. e ml i
,-.t the pres-
cne moment, is the ca-e tluo ,gh nt the State
of South Carolina, so far as Urn liwsof the
United St.it.slo seeuie the adiuin stiatiou of
justice by means of the Federal Judieiarvare
concerned. All the Federal offi cis w.ti.i'i its
liniibs, through whose agency alone these laws
can be carried into execution, have already re
signed. We no longer have a district judge, a
district attorney, or a marshal, iu S.aith Caio
liua. In fact, the whole mu hinery ol the Fed
eral Government, uec.s-nry for the distribution
of remedial justice among the ie pi.-. Inn been
JuioIulaJ ; an 1 it wou.d b.-dillicult , ii not
impossible, to replace it.
The only acts ol Congress on the slatute
book, biaring uKn this suhjn.t, u those of
the i!Sth Febiuary, 17uj, ami ; 1 Match, 1M7.
lhtsu authorise the I'resi lent. alter he shall
have asceitiuued that the marshal wiih hisoiw
ciwiiiwKi is miauls 10 execute civil or criminal
process in any p.nticular case, to call forth the
militia and employ the army and n ivy to aid
him in performing this service, having first by
Proclamation commanded the insurgents "to
disperse and retire peaceably to their respective
abodes, withiu a iiuiitcd time " This duty
cannot by possibility be performed in a State
where no judicial authority exists to issue iro-
cess, mid where there is no marshal to execute
it, and where, even if there were such an i IK
cer, Ihe entire population wuuld constitute oue
solid combination to resist bun.
The bare euuineiatiou of these provisions
prove how inadequate they arewithout further
legislation lo overcome a united onrosition in
a single State, not to speak of other Slates who
may place tucinselves in a similar attitude
Congress alone has power to decide whether
the present laws can or cannot be amended so
as to cairy out mare effectually the objects of
tue vonsiuuiton
The same insuperable obstacles do not lie iu
the way of executing the laws for thccollcction
of the customs. The revenue still continues
to be collected, as heretofore, at the custom
house in Charleston; and should the collector
unfortunately resign, a successor may lie st-
pointed to perform this duty.
then in regatu to the property of tlie United
stales in aoutn Carolina, i Ins has been pur
chased for a lair equivalent, "by tlie conseut of
the legislature ot the Statu, ' "tor the erection
of forts, magaxines, arsenals." sc. and over
these tlie authority "to exercise exclusive legis
lation" has been expressly granted by the Con
stitution to Congress. It is not believed that
any attempt will be made to exrel the United
states iroin mm property by force; but if
this I should prove to be mistaken, the officer
in command ol the forts bas received orders to
act strictly on the defensive. In such acontin
gency, tue responsibility lor consequences
wouia ngiuiuiiy rest upon the beads ol the as
sailant. Apart from the execution of the laws, so far
aa tnia may be practicald0 Executive lias
no authority to decide what shall be the rela
tions I Kit ween the Federal Government and
South Carolina. He has been invested with no
such discretion. He possesses ho nower to
change tlie relations heretofore existing between
tnem, mucu less to at knowledge the independ
ence of that State. This would be to invest a
mere Executive, officer with tlie rower of re
cognising the dissolution of the Confederacy
among our thirty-three sovereign States. It
bears no resemblance to the recognition of a
foreign de facto government, involving no such
responsibility. Any attempt to do this would.
ou his part, be a naked act of usurpation. It
is, mereiore, my duty to submit to Congress
me wnote question iti all its bearings. Ihe
course of events is so rapidly hastening for
waid, that the emergency may soon arise, when
you may be cilh-d upon to decide the momen
tous question whether you possess tiie power,
by force ot arms, to compel a State to remain
in the Union. I should feel mvtelf recreant to
my duty were 1 not to cxptess an opinion on
iiais iiupunuus sunjeci.
The question fairly stated is: Has the Consti
tution delegated toCongressthe power to coerce
a State into submission which is attempting to
withdraw or has actually withdrawn from the
Confederacy f If answered in the affirmative,
it must be on the principle that the power has
leu conferred upon Congress to declare and to
make war against a State. After much serious
rellectinn 1 have arrived at the conclusion that
no such power has been delegated to Cogress or
to any other department of the Federal Govern
ment It is manifest, upon an inspection of the
Constitution, that this is not among the specific
and euurnciated powers granted to Congress ;
and it is tqually apparent that its exercise is
not ''nece.sary ar.d proper for carrying into ex
ei utii.li" unv one of i!ie.-e poweis So far from
this power having been d .-li gated to Congress,
it was expressly refused by the Convention
which ftame 1 the Constitution
It app.-ais, ftoin i he proceedings of that body,
that ou the 31st of May, 17R7 the clause "au
thi ruing an ex rtiun of the forccof the whole
against a delinquent Statu" tame up for con
si Icialio:,. Mr. Madiion op, used it in brief
but isjwerfiil s peech, from which I shall extract
but a single s-mence. He observed : "I he use
of fotce ugaiLat a Slate would bx.k more like a
ilici .ration of war than an infliction of punish
ment ; an I would probably be considered by
the party a' til. k . us a dissolution of all pre
vious com; acts hy which it might le bound.'
Upon his moii .u tnecUvuse was unanimously
p il; n.d. a id w.is never again I believe pre
st lib it Son atterwanls, on the Slh June,
17S7, when incidentally ailveiting to the sub
ject, he sai.l : "Any Government lor the United
Stab's, (oru.od cn the supposed practicability
of u-ing I. n o against the unconstitutional pro
ceedings i f the Statts, would prove is visiota
ryaud fallacious as the government of Con
Ci ess," evidmtly meaning the then existing
Cengiess of the old Confederation.
Without descending to particulars, it may be
sad ly asset ted, that the power t make war
gainst a State is at variance with the whole
spitit am! intent of the Constitution. Suppose
sueh a war should result In the conquest of a
State, how arc we to govern it alterwards?
Shill we hold it as a province, and govern it
by despotic piwer? Iu the nature of things
we could i ot, by physical force, control the
will of the iwople aud compel them to elect
seuat -rs and representatives to Congress, and
to ierf.irm all the other duties depending upon
their own volition, aud required from the free
citizens of a free State as a constituent member
of the Confederacy.
l'.ut, if possessed of this power, would it be
wise to exercise it under existing cirenmstan
c s ? 'I he ol ject would doubtless be to pre
s. rve the Union. War would not ouly present
tiie most effectual means of destroying it; but
w-.iiid banish all hope of its peaceable recon
s'ltntioii. I'asidis, in the fraterntl conflict a
v.st amount of blood and treasure would be
expended, rendering future reconciliation be
twivu tue states i'npossille. In the mean
lime, wl uean foretell what would be the suf
fering and privati n of the people during its
existence
llie fact is, that our I'oioo rests upon public
opini. ii. and cm never be cemented by the
blo.'d i f its ciiiztns shed iu civil war. If it
cau net live in ihe affections of the people, it
must one day perish. Congress possesses
uisny means of preserving it by conciliation ;
but the sword was not placed in their hands to
preserve it by force.
lint may I lie permitted sclemnly to invoke
my countrymen to pause and deliberate, be
fore they determine to destroy this, tlie giand
est temple which has ever teen dedicated to
human freedom since the world bei-an f It has
been consecra'e 1 by the blood of our fathers,
by the glories of the past, and by tlie hopes ol
the 111" ure Tlie 1 nion has already made ti9
the most prosperous, and, ere long, w.ll, l!
preserved, render us the most powerful nation
on the face f the earth. In every foreign re
gion of tiie glot-e the title of American citizen
is held in the highest respect, and when pro
nounce I in a foreign land it causis the hearts
of our countrymen to swell with honest pride.
Surely when we reach the brink of the yawn
ing al-yss. sball recoil with horror from the
hi-t fatal plunge. Ity such a dread catas ro
phe the ho-cs of the friends of freedom
throughout the world would bs destroyed, and
a long night of despotism would enshrond the
nation. Our example fi r more than eighty
jeiirs would not only be lost ; but would be
quoted a a conclusive proof that man is unfit
tor sell government.
it is not eveiy wrong nay, it is not every
grevious wreng which cm justify a resort to
sueh a fearful alfernative. This ought to be
the las: desperate remedy of a despairing peo
ple, alter every other constitutional means .l
conciliation had been exhausted. We should
re.fl ct that under this free government there
is au incessant ebu and tluw in public opinion.
Tlie slavery question, like everything human
will have its day. I firmly believe that it has
alieady reached and passed the cultninatiiig
point. Put if, in the midst of the existing ex
citement, the Union shall peiish, the evil may
iieu uecoiuo lereparaoie. ingresi can con
tribute much to avert it by proposing and re
commending to the Legislatures of the several
Stales the remedy for existing evils, which the
lonMiiutton has itself provided for its own pre
servation. This has beeu tried atdi.ferent criti
cal periods of our history, and always witii
eminent success. It is to ba found in the fifth
article providing for its own amendment.
Under this aiticle amendments have been pro
posed by two-thirds of both Houses of Congress
and have been ' ratified by the Legislatures
oi mree touritis ot the several States," and
consequently become parts of the Constitution.
To this process the country is indebted for the
clause prohibiting Congress from passing any
law reflecting the establishment of religion, or
abridging the freedom of speech or of the
press, or of the right of petition. To this we
arc also Indebted tor the Bill of Rights which
secures the people against any abuse of power
by the r ederal Government. Such were th
apprehensions justly entertained by the friends
.1 Cl . -. i
oi uuiies iiQiiia mm periou as io nave ren
dered it extremely doubtful whether the Con
stitution could have long survived without these
amendments.
Again, the Constitution was amended by the
same pi or ess afer the election ot President
Jefferson by the House of Representatives, in
reuruary, isovs. I bts amendment was tender
ed necessary to prevent a recurrence of the
dangers which had seriously threatened the
existence of the Government during the Den-
dency of that election. The article for its own
amendment was intended to secure the amicable
adjustment of contiicting constitutional ques
tions iiko me presenr, wuicu might arise be
tween tne government t i,c tiucies ana that
or tue c iiiieu states, i his appears from con
temporaneous history.
In this connection, I shall merely call atten
tion to a few sentences in Mr. Madison's iustlv-
eelebrated report, in 17yu, to the legislature of
Virginia. Iu this he ably and conclusively
defended the resolutions of the preceding
legislature against the strictures of several
other State legislatures. These were mainly
foundeel upon the protest of the Virginia legis
lature against the "Allen and Sedition Acts."
'palpable and alarming infractions of the
Constitution." In pointing out the peaceful
and constitutional remedies, and he referred to
none other, to which the States were author!
zed to resort, pn such occasions, he concludes
by saying, "that the legislatures of the States
might have made a direct representation to
Congress with a view to obtaiu the rescinding
of the two offensive acts, or they might have
represented to their respective Senator in Con
gress their wish that two-thirds thereof would
propose an explanntory amendment to thcCon
stittiticn, or two thirds of themselves, if such
had been their option, might, by an applica
tion to Congress, have obtained a convention
for the r-amu object."
This is tlie yery course which I earnestly re
commend in order to obtain an "explanatory
amendment" of the Constitution on the the
sul ject slavery. This might originate with Con
gress or the State Legislatures, as may be deem
ed most advisable to attain the object.
T he explanatory amendment might ba con
fined to the final settlement of the tiue con
struction of the Constitution on three special
points:
1. An express recognition of the - rij.Lt
property in slaves in the States where It now
exists or may hereafter exist.
2 The duty of protecting this right In all
the common territoriee thiongh-jut their t r
ritoiial existence, and until tier ,hall le al
milted as States into tiie Uui n, with r with
out slavery, as their c nstiluiions mav pie
sriibe. 3 A like recognition of the ligiit of the
master to have his slave, who h is escaped from
one State to another, rest. ire. I and "delivered
up" to him, ml of the validity ot the fugitive
slave law enacted f r this purpose, together
wiih a declaration that all state laws inquiring
or elefeating this right are violations of thu
Constitution, and aie consequently null and
void.
It may be objected that this consti uctin ot
the C institution ha already la-en settled hy the
Supreme Court of tlie L'nitul States, and what
more ought to !e required. The answer K
that a very large proportion of the p-.ople o!
tint United States still c .ntest thee rr.ctness of
this decision, and never will cease from agita
tion and admit its binding force until tletrly
established by the people of th Sever.il states
in tluir sovereign character. Such an explana
totv amendment would, it is believed, loteve-r
terminate the existing dissensions :re! re.t,re
peace and harmony among the Siatci
it ought not to be d'.ubted that sni h an ap
pial b the aibitrayment c.-tul-lishcd by Ihe
Constitution itself would be receive 1 with favor
by all the States of the Confederacy In auy
evrnt it ought t-j be tried in a spirit of c .cil
liation befote any of those States shall separate
themselves from the Union.
When I enteral upon the duties of the P.e-i-dential
office, the aspect of neither our fo:
eigil nor domes ic allairs wae at ail s.,ti-factory.
Wr wete involve 1 iu d.incerous coiupiicitions
with several nations, aud two of our territories
were in ast ite of revolution against the Govern
ment. A restoration of the Africa? slave trade ha I
numerous and powerful alvotates. Uulawful
mditary expeditions wnu countenanced by
many of our tiliz.ns, and were suffered, in de
fiance of the effotU of the Government, to is
cap from nur shores, for the puipose of mak
ing war upon the unoffending pcup: , f uei.h
boring republics with whom we were at peace.
In addition to these and other diih .-:tia, we
exp-rienced a revulsion io m-n tuv affairs,
soon after my advent to power, of uuexamplel
s -verity aud ol ruinous coosequenc- s to alt the
great interests of tho cmntiy. Whe w take
a retrospect of what was then our c.uditi. n,
and contrast this with its material prosa-rity at
the time of tho late Presidential election, we
have abundant reason to return cur gta'eful
thanks to that merciful Providence which has
never forsaken us as a nation in all cur past
trials
OUR FOKEIUN EUXAII'iX.
GBKAT BRITAIN.
Our relations with Great Eriuin are of the
most friendly character Since the commence
ment of my administration, the two d.tngetous
questions, arising from the Clayton and liulwer
lienty aud from the rii'ht ot s- ariti clainn.d i-y
the British government, hove been aimahiy
and houorably adjusted.
I he discordant construction of tli- C avion
and l!uwer treaty between the two govern
ments, which at different periods cf the discus
sion, bore a threatening as; ect, have resulted
in a final settlement entirely satisfactory t this
Government In my annual mes-suc 1 inform
ed Congress that the liiitisb government with
the republics of Honduras and Nicaragua, iu
pursuance of the understanding b.-twe.n the
two governments. It is nevcr'.lieiei colli lent
ly expected that this good work w ill ne be ac
complished." This confident expeiratien has
Bi-e been fulfilled. Her Uritanic Majesty con
cluded a treaty with Honduras en -.he i:h No
vember, lso'j.and with Nicaragtn on tiie -th
August, 18B0. relinquishing the Musqnito pro
tectorate. Besides, by the f. .trior, the Key
Islands are leicKnii d as a urt i f the reptib i.
of Honduias. It may Iu olisertel that the
stipulations of these tr. aths conform in every
important particular to the r.tu en. Intents adopt
d by 1mj Ssmiin ol tho L'uited Slates to the
treaty concluded at London ou the l jth of
O.tober, lSotJ, between the two g iv. rniueats.
It
ill be recollected that this tieity w is leject-
e.1 by the British g ivernmcut because ol it ob-
lection to the just aud import int ame u lni. nt
of the Senate to the article re dating to liuatan
and the other islands in the Piyo! Ilcnduras.
It must be a s-.urce of sincere satisfaction tu
all classes of our fellow-iitixms, and especially
to those engaged in foreign ciriine rce. that tho
claim on the part of Great Britain, forcibly to
visit and search Ami rican merchant vtels ou
the high seas in time ot peace, has been aban
doned. This was by for the most ehengerotis
question to the peace of the Iwocountiie which
has existed since the war of 1I Whilst
it remained open, they might at any moment
have been precipitated into a war. This was
rendered manifest by the exasperated state of
public feeling throughout our eutire country,
produced by the forcible search of American
merchant vessels by British cruisers on tha
coast of Cuba, in the spring of ISoS. Ihe Ame
rican people hailed w.th general acclaim tha
orders of the Secretary of the Navy to our
naval torce in theGult of Mexico, "to iirnl.s I
all vessels of the United States on the hiirh
seas from search or detention by the vessels of-
war oi any other nation.
these orders mnrht have nr.xlmvd nn iinn
diate collision between the naval forces of the
two countries. 1 his was most torttin itcly pre
vented by an appeal to the justice of Great
Britain and to the lw of nations as expounded
by her own most eminent jurist.
The only question of any import luce which
still remains open is the disputed title between
the two governments ti the island of Sin Juan,
in the vicinity of Washington Territory. As
this question is still under neeotiation. ii i not
deemed advisable at the present luomeut to
miss any otner allusion to Ike sul-icct.
Ihe recent visit of the Prince of Wales, in
private character, to the people of this country.
ua ptuveii to tie a most auspicious event. In
ils consequences, it cannot fail to increase the
kindred aud kindly feelings which 1 trust may
ever actuate the government and neonlet of
both ouutries in their Dolitic-.il and uncial In.
terouurse with each other.
FRAKCB.
With France, our ancient ami i.nm..,ri n
our relations continue to be of tho most friend
ly character. A decision has recently been
made by a French judicial iilm.,.l -tin .n
approbation of the Imperial Government
which cannot fail to foster the sentimeuts of
mutual regard that have sn lm . ..i,. i.
tween the two countries. Under the 1 rei eh
law no person can serve in thearmiisof France
unless he be a French citizen
Ihe law of France rec.noiifn- i .i
right of expatriation, it follows as a necessary
consequence that a Frenchman, by Ihe fact .-f
uaviuK uccome a citizen ot tlie United States,
has changed his allegiance and him lost i,; ...
tive character. He cannot, there fore, be, com
pelled to serve In the Freuch armies in case he
should return to his native country. These
principles were announced in 1802 by the
French Minister of War, and in two lute rases
have been confirmed by the French judiciary
In these, two natives of France have been duv
charged from the French army, because they
had become American citizens. To employ thw
language of our present Minister to Fmntv
who has rendered good sen ice on this occasioa"
"I do not think our French naturalized fellow
alliens will hereafter experience much anno
inc? "n thii mbject." I venture to predict
that the time is not for distant when the 0Vh
continenUl powers will adopt tho name wi"
Jtd just policy which ha. done a-, much h..n?
to the enlightened government of tlie Emperor.
n"T . our Government is bound to pro
tect the rights) of our naturalized citizens every-
lii; V..1 tsl.Uj U -4 -3 (
1 --. IS. w7lr ttw, OS li 1 w w.
I Ulll tOUsCjiC.