wnB. rstieie-ataeiiise At Oen Vs met Horse of Representatives r Throughout the year since, our last meet leg, the *bandy has been eminently pros: porous in all its material Interests. The general heed* has beeie excellent, our har vests have been abundant, and Plenty smiles throughout the land, Ourcommerce and manufactures have been proseestted with energy and industry, and haveyieided fair and ample-returns. in short, no nation in the tide of time has everenesenteel a =e of greater material prosperity v i e have done until Within a very re. oantsperied. Why. as it, then, that discontent, now so extensively prevails, and the union of -the Stites, wlaph is theeouree of all these bless ings, is threatened with destruetion t The long-continued and intemperate interfer ence of the northern people with the ques tion of slavery in the southern States has at length• produced its natural effects. The different sections of the Union are now ar-i rayed against each other, and the time has arrived, so much dreaded by the father of his country, when hostile geographical par ties have been formed. I have long fore seen and often forewarned my countrymen of the now impending danger. This does not proceed solely from the claim on the part ofeongress or the territorial legislatures to exclude slavery from the Territories, nor front the efforts, of different States to defeat the execution of the fugitive sieve law. All or any of these evils might have been endured by the South without danger to the Union, (as others have been,) in the hope that time and reflection might apply the', 'remedy. The immediate peril ,arises not so much from these causes as frees the fact that the incessant and violent agitation of I the slavery question throughout the North for the last quarter of a century, has at length produced its malign influence on the slaves, and inspired them with vague ' motions of freedom. Hence a sense of se curity no longer exists around the family altar. This feeling of peace at home has given place to apprehensions of servile in surrection. Many a matron throughout the South retires at night in dread of what may befall herself and her children before morn ing. Should this apprellenijen of domestic danger, whether real or imaginary, extend and intensify itself until it shalepervade the masses of the Sourthern people, then dis union will become inevitable. Self-preservation is the first law of na ture, and has been implanted in the heart of man by his Creator for the wisest pur pose; and no political union, however fraught with blessings and benefits in all either respects, can long continue, if the eecessary consequence be to reader the homes and the firesides 9f nearly half the parties to it habitually and hopelessly in secure. Sooner or later the bonds of such a union must be severed. It is my convic tion that this fatal period has not yet ar rived; and my prayer to God is that lie would preserve the Constitution -and the Union throughout all generations. But let us take warning in time, and re move the - cause of danger. It cannot be denied that, for five and twenty years, the agitation of the North against slavery in the South has been incessant. In 1835 pictorial handbills and inflammatory appeals, were circulated extensively throughout the South, of a character to excite the passions of the slaves ; and, in the language of Gen. Sack son, "to stimulate them to insurrection, and produce all the horrors ofa servile war."— This agitation has ever since been continu ed by the public press, by the proceedings of State and county conventions, and by abolition sermons and lectures. The time of Congress has been occupied in violent speeches on this never-ending subject ; and appeals in pamphlet and other forms, en dorsed by distinguished names, have been sent forth from this central point, and spread broadcast over the Union. ' How easy. would it be for the American people to settle the slavery question forever, I, and to restore peace and harmony to this I distracted 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 States, they, and they alone, are responsible before God and the world for the slavery existing among them. For this the people of the North are not more responsible, and have no right to interfere, than with -similar in stitutions in Russia or in Brazil. Upon their good tense and patriotic forbearance I con fess I still greatly rely. Without their aid it is beyond the power of any President, no matter what may be his own political pro clivities,' to restore peace and harmony among the States. Wisely limited and re strained as is his power, under our constitu tion and laws, he alone can accomplish but little, for good or for evil, on such a mo mentous euestion. And this brings me to observe that the election of any one of our fellow-citizens to the office of President does not of itself af ford just cause for dissolving the Union. This is more especially true if his election has been effected by a mere plurality, and not a majority, of the people, and has re stilted from transient and temporary causes, which may probably never again occur. In order to justify a resort to revolutionary re eistance, the federal government must be ; guilty of "a deliberate, palpable and dan gerous exercise" of powers not granted by the constitution. The late presidential', election, however, has been held in strict, conformity with its express provisions.— How, then, can the result justify a revolu tion to destroy this - very constitution ? Reason, justice, a regard for the constitu tion, all require that we shall wait for some overt and dangerous act on the part of the' President elect before resorting to such a remedy. - It is said, however, that the antecedents of the President elect have been sufficient to justify the fears of the South that he 'pi attempt to invade their constitutional liens. Bat are _rack apprehensions of contingent danger in the future sufficient to justify the immediate destruction of the noblest system of government' ever devised by mtalals ? From the very ftature of his office, and its high responsibilities, he must necessarily be conservatives The stern duty of adminis tering the vast and complicated concerns of this government affords in itself a guarantee that he Will not attempt arnetriolation of a cleir and'conetitutional right. After all, he is no more than the chief executive offi cer of the ereernment. His province is not to make, but toexe mete the laws ; and .it is a - remarkable , fact in our history, that, notwithstanding the ,repeated efforts a the anti-slavery party, no - ehnsleeet has . ever passed 0011fresa, unless we may p ly' except -die Missouri Com romise, in the slightest deSsie thieeighteisfebe - SoudiSto their property in sinew.: And it rime also be observed, Jude ing from present indiestionelhat nopriaba batty emuta of the linenagieee .such an ad, 'hi azalea" of both, 4044 w, eitherin the presentsor the, next Cowen. Surely, un dei these eireunuitapees, whought to be re stained from Pratt actin bg the Proseelit ' of Hitn.vrhe armlike as miner man spoke, *it 'send:Relent unto the day le the; evil rte day' of evil may wiser —_,.._ ------------:----- - _ ...._ _ ready done; but to'what they may do here- following language: - "The right of the pco- I bodied in Mixing and, express language in after. It will 'direly be admitted that this ple of ft single State to absolve themselvesour own Declaration of Independence. ; Ilia apprehenolon of flittite dangeris no good at will; and seithoutitbe consent of the other j the distinction must ever lie,observed, that reason for an Immediate dissolution_ of the Statele.frOm their ',Meet solemn obligations, ! this is revolution against on established Union. It is true that the territeriVaigise and hazard the liberty and kiaminmiti of the Government, and not a voluntary secession lature of : Ulna, on the 23d of Febvuary, , mi ll ions, (*imposing_ this, Ihuon, cannot be ' .from it by virtue of an inherent censtitu- IR(O, Palmed Sit great haste an ect, over the acknowledged. Such authority is believed I, tionni right. In short, let us look the (lane, veto of the Governor , declaring that slavery ;to be utterly repugnant both terthe princi-Iger fairly in the'faee: Secession-is neither ` "is, and shall be, forever prohibited in,this plea upon which the tlenesal 1/evernmentl more nor less than Revolution. It may of [ Territory.' - Such an act, ..itowerer;plidelyl , is ponatituted and ttl,, the objects w hich it cit maynotishe a :justifiable revolutions lint ' violating the rights of property secure d by- *is, expresslyitaini4 to attain." -,, - --: *till itlaievolution ..- .-- ' ' - the constitution, will surely be declared void !:It is not pretended that ant/clauwl in the' , What, fir-the mean time, is the - -reePenii- by the judiciary whenever itahall - he pre- \Constituts*l giVesacountenance to : such el bilityand true position of the Executive ? rented in a legal form. 1 theory. '- i He is bound by solemn oath before God and ' Only three days after my inauguration the 1 ' it is altogether founded upon ' inference , i the country "to take care that the laws be ' Supreme Court of the United States solemn- I not from any language contained in the in- i faithfully executed," and from this obliga. ly adjudged that this power did not exist in' strument itself, but from the sovereign ' tion he cannot. be absolved by any human I a territorial legislature. Yet such has been , . character of the several- States by which it f power. But what if the performance of this the factious temper. of the times that the , was ratified; But is it beyond the power of j duty, in whole or in part, has been rendered correctness of this decision has been ex- a State, like an individual, to yield a - portion 1 impracticable by events over which he could tensively impugned before the people, and of its sovereign - el..glitietesecure the remain:` have exercised no' control ! Such, at th e` the question Ise given rise to angry politi-, der, In, the language of Mr. Madison,who present moment, is the case throughout the cal con/bets throughout the country. Those has been called the father" of the Conetitia- I State of South 'Carolina, so far as the laws who have, appealed from this judgment of , tion: "It was formed by the States—that ' of the United States to secure the adnainis-' our highest constitutional-tribunal to popu- ; is, by the people in hof the States, act- j tration of justice by means-of the Federal; lar assemblies would, if they could, invest a ing in the highest so vereign capacity ; and; Judiciary are concerned. All the Federal territorial legislature with power to annul; formed consequently by the same authority : officers within its limits, through whose the sacred rights of property. which formed the State Constitutions." - I agen :y alone these laws can be carried into ' ; This power Congress is expressly forbid- "Nor is the Government of the U. States, execution, have already resigned. don by the federal constitution to exercise. created by the Constitution, less a Govern-1 We no longer have a district judge, a dis.. Every State Legislature in the Union is for- went in the strict sense of the term, within i . trict attorney, or a marshal, in South Carob- bidden by its own constitution to exercise 1 the sphere of its powers,-than the govern- na. In fact, the whole machinery of the it. It cannot beexercised in any State ex- 1 rnents created by the constitutions of the i Federal Government, necessary for the'dis ceptby the people in their highest sovereign :States are within their several spheres. It tribution of remedial justice among the capacity when framing or amending their ' is like them, organized into legislative, ex- I people, has been demolished ; and it would ' , State constitution. In like manner, it can' ecutive and judiciary departments. It ibe di ffi cult, if not impossible, to replace it. only he exercised by the people of a Terri-; operates, like them, diree , tlyon persons and I The only acts of Congress on the statue- tory represented in a convention of delea ; things ; and, like them, it has at command I book bearing-upon this subject, are those gates for the purpose of framing a constitu.! a physical force' for executing the powers of the 18th Fedruary, 1795, and ad March, tion preparatory to admission as a State in- committed to it." lBO7. These authorize the President, after, to the Union. But that the Union was designed to be • he shall have ascertained that the marshal Then, and not until then, are they in- perpetual appears conclusively from the with his posse comitatus is unable to exe vested with power to decide the question ' nature and extent of the powers conferred , cute civil or criminal process in any partieu whether slavery shall or shall not exist ; by the Constitution on the Federal Govern-' lar case, to call forth the militia and employ within their limits. This is an act of soy- ! ment. -These powers embrace the veryl the army and navy to aid him in perform reign authority, and not of subordinate ter. I highest attributes of national sovereignty. I ing this service, having first by Proclamation ritorial legislation. Were itsthersvise, then ! They place both the sword and the purse i commanded the insurgents "-to disperse indeed would the equality 'the States in i under its control. Congress has power to and retire peaceably to their respective the Territories be destroyed, and the rights I make war, and to make peace ; to raise and' abodes, within a limited time." of property in slaves would depend, not up-support armies and navies and to conclude i This duty cannot by possibility be perform l on the guarantees of the Constitution, but treaties with foreign governments. It is , ecl in a State where no judicial authority upon the shifting majorities of an irrespon- invested with the power to coin money, and ' , exists to issue process, and where there is 1 sible territorial legislature. Such a doctrine, to regulat9 the value thereof, and to regu- no marshal to execute it, and where, even from its intrinsic unsoundness, cannot long' late commerce with foreign - nations, and if there were such an officer, the entire pop influence any considerable portion of 'our among the several States. It is not neces- : ulation would constitute one solid combina , people, much less can it afford a good rea- sary to enumerate the other high powers' tion to resist him. son for a dissolution of the Union. whieh'have been conferred upon the feder- The bare enumeration of these provisions The most palpable violations of constitu- ,al government. In order to carry the proves how inadequate they are without fur tional duty which have yet been committed (numerated powers into effect, Congress titer legislation to overcome a united oppo consist in the acts of different State Legis- 1 possesses the exclusive right to lay and col- sition in a single State. not to speak of other , latures to defeat the execution, of the fugi- 1 lect duties on imports. and in common with : States who may place themselves ma similar , tive slave law. It ought to be remembered,l the States to lay and collect all other taxes, i attitude. Congress alone has ,power to de ' 'however, that for these acts, neither Con- It was intended to be Perpetual, and not ! cide whether the present laws can or cannot 1 gress nor any President can justly be held i to be annulled at the picabure of any one be so amended as to carry out more effectu responsible. Having been passed in violas 'of the contracting parties. The old articles ally the objects of the Constitution. I tion of the federal constitution, they are! of confederation were entitled " Article of I The same insuperable obstacles do not lie i I therefore null and void. All the courts, i Confederation and Perpetual Union be- in the way of executing the laws for the col both State and national, before whom the I tween the States;" and by the 13th article I lection of the customs. The revenue still question has arisen, have from the begin-I it is expresslY declared that "the articles of i continues to be collected, as hretofore, at I ning declared the fugitive slave law to be I this Confederation shall be inviolably ob- I the custom-house in Charleston ; g ad should constitutional. The single exception,is that 1 served by every State, and the Union shall f the collector unfortunately resign, a sue of a State court in Wiconsin ; and this has be perpetual." The preamble to the Con- cessor may be appointed to perform this not only been reversed by the proper appel- stitution of the United States, having ex- duty. late tribunal. but has met with such univer- . press reference to the articles of Confedera- Then in regard to the property of the 1 sal reprobation that there can be no danger tion, recites that it was established "in or- , United States in South Carolina. This has from it as a precedent. der to form a more perfect union." And ; been purchased for a fair equivalent, "bv The validity of this law has been estab- yet it is contended that this `"more perfect 1 the consent of the Legislature of the State,;' lished over and over again by the Supreme union" does not include the essential attri- " for the erection of forts, magazines. arse ' Court of the United States with perfect buts of perpetuity. nals," &c., and over these the authority I unanimity. It is founded upon an express But the constitution has not only confer- "to exercise exclusive legislation" has been 1 provision of the Constitution, requiring th , red these high powers upon Congress, but expressly granted by the constitution to fugitive slaves who escape from service in 1 it hag' adopted effectual means to restrain ' Congress. one State to another shall be " delivered i the States from interfering with their exec- 1 It is not believed that any attempt willbe lup" to their masters. Without this provis- cise. For that purpose it has, in strong ' made to expel the United States from this I ion it is a well known historical fact that prohibitory language, expressly declared property by force ; but if in this I should 1 the Constitution itself could never have that "no State shall enter into any treaty, ; prove to be mistaken, the officers in com been adopted by the Convention. In one alliance or confederation ; grant letters of wand of the forts has received. orders to act form or other under the acts of 1703 and marque or reprisal ; coin money '• emit bills I strictly on the defensive. In such a contin -1850, both being substantially the wine, the of credit; make anything but gold and sal-' gency, the reiponsibility for consequences , fugitive slave law has been the law of the i ver - coin a tender in payment of debts ; ! would rightfully rest upon the heads of the i land from the days of Washington until the , pass any bill of attainder, expost facto law, assa il an t s , ' present moment. Here, then, a Clear case lor law impairing the obligation of contracts." Apart from the execution of the laws, so is presented, in which it will be the duty of ' Moreover, " without the Congress, no State, far as this may be practicable. the Executive the next President, as it has been my own, I shall lay any impost s o r duties on any im- ' has no authority to decide what shall be the to act with vigor in executing this supreme 1 ports or exports, except what may be abso- • relations between the Federal Government law against the conflicting enactments of lutely necessary for executing it s inspection j and South Carolina. Ile has becii invested rState legislatures. laws ;." and, it; they exceed this amount, the with no such discretion. - lie possesses no Should he fail in the performance of this excess shall belong to the United States. power to change the relations heretofore ex high duty, lie will then have manifested a And" no State shall, without the cohsent I istin , between them, much less to ;Lek now disregard of the constitution and laws, to of Congress lay any duty of tonnage ; keep ! ledge the independence of that State. This the great injury of the people of nearly one, tress, or ships of war in time of peace: enter I would be to invest a mere Executive officer half of the States of the Union. But are into any agreement or compact with anoth-1 with the power of recognising the dissolu we to presume in. advance that he will thus er State, or with a forei g n power ; or engage i tion - of the Confederacy among our thirty violate his duty? This would be at -war in war, unless actually invaded, or in suchthree sovereign States. It bears no resem with every principle of justice and of Chris-, imminent danger as will not admit of delay." i blance to the recognition of a foreign de tiara charity. Let us wait for the overt act. In order still further to securethe uninter- facto government, invelvine no such respon- The fugitive slave law has been carried into execution in every contested case since the commencement of the present administra tion ; though often it is to be regretted,with !great loss and inconvenience to the master, and with considerable expense to the gov ernment. Let us trust that the State Legis latures will repeal their unconstitutional and obnoxious enactments. Unless this shall be done without unnecessary delay, it is impossible for any human power to save the Union. The Southern States, standing on the ba sis of the constitution, have a right to de mand this act of justice from the States of the North. Should it be refused, then the constitution, to which all the States are parties, will have been willfully violated by one portion of them in a provision essential to-the domestic security and happiness 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 resistance to the government of the Union. I have purposely confined my remarks to revolutionary resistance, because it has been claimed within the last few years that any State, whenever this shall be its sovereign will and pleasure, .mitt secede from the Union, in accordance with the constitution, and without any violation of the constitu tional rights of the other members of the confederacy. That as each became parties to the Union by the vote of its own people assembled in convention, so any ono of them may retire from the Union in a similar I 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 vol untary association of States, to be dissolved at pleasure by any one of the contracting parties. If this be so, the confederacy is a rope of sand, to be penetrated and dissolved by the first adverse waves of public opinion in any of the States. In this manner our thirtithree States may . resolve themselves into as many petty, jarring, and hostile republics, each one re• tiring from the Union, without responsibili ty, whenever any sudden excitement might impel them to such a course. By this.pro cass a Union alight be entirely broken into fragments in &few weeks, which cost our forefathers many, years of toil, privation end Mood, to establish. • Such a . priziciple is wholly inconsistent with the history as•well as the character of the Federal Constitntion:, ...After it was framed, with the greatest" - deliberation and care; fti as rubmitted'to conventions of the people of-tbe several States 'for ratifies-, tion. Its provisions were discussed - at -length in . these ' bodies, Composed . alike ,first men of the otaintry. -•—. • Its opponentedontended that itconferred, powers upon the Federaa.Governinent dan gerous to the; rights of the States; whilst its -advocates tnained -that - ander 'a fair - Conitrtidion of the instrument therewas foundation, fersuch nprokattensforts. •In that Mighty striggiehetweirr the - first in telleeta •of 'this or any Other 'country; - rievetooccurreff to: any individual;-either] among ittiOppettents or advocsto4 to assert, or even to'hliimato4lhat their - effort* *eve' labor,lbecatme- the moment' that altrettste leititeggetteggrfeted" she might 'Whit irdrathotg .argaipenV *WOuldlthit-Isn prors4ngajoat4- l thotOrwhtwdrandoet feet ItiCrightobf=the is wild efildel Ml 4 3l l ' , //I *. 11 . 1filis (1r 461*-16 ,44 Virata:Obiiii oliScarceotr_ 01 41i 0 MPIOW480i v i retilt4441dialfb$ Ilt"belkTh • lit .;.#44e..1 1 'ainti,seseasp 46Ktv glhateitit &kali getisibi Miters rupted exercise of these high powers against ! sibility. Any attempt to do this would, no I State interposition, it is provided " that this his part, be a naked act of usurpation. It Constitution and the laws of the United I is, therefore, my duty to submit to Congress States which shall be made in persuanceth e whole question in all its bearings. The i thereof, and all treaties made, or which shall course of events ix so rapidly hastening for be made under the authority of the United , ward that the emergency may soon arise States, shall he the supreme law (Attie land : when you may be called upon to decide the and the judges in every State shall be bound, momentous question whether you possess thereby, anything in the Constitution or laws 1 the power, by force of arms, to compel a of any State to the contrarynotwithstanding! j State to remain in the Union. I should The solemn sanction of religion has been I feel myself recreant to my duty were I not superadded to the ,obligations of of f icial du- Ito express an opinion on his impokant sub. ty, and all Senators and Representatives of; ject... the United States all members of State I The question fairly stated is : Has the Legislatures and all executive and judicial I Constitution delegated to Congress the pow officers, "both of the United States and of I re to coerce a State into submission which the several States, shall be bound by oath or i is attempting to withdraw or has actually ffi armation to support the Constitution." withdrawn gom the Confederacy ? Iran- In order to carry into effect these powers, i swered in the affirmative, it must be on the the Constitution has established a perfect i principle that the power has be6n conferred Government in all its forms, Legislative, Ex- I upon Congress to declare -and to make war ecutive and Judicial; and this ? against a State. After much serious reflex to the extent of its powers; acts directly up- tion I have arrived at the conclusion that no on the individual citizens of every State and such power has been delegated to Congress executes its own decrees by the agency of its , or to any other department of the Federal own officers. In this respect it differs en-,; Government. It is manifest, upon an' in tirely from the Government under the old , spection. of the Constitution, that this is Confederation, which was confined to mak- I not among the specific and enumerated pow ing requisitions on the States in their sever- era granted to Congress; and it is equally eign character. This left it in the discre- apparent that itsexercise is not " necessary tion of each, whether to obey or to refuse, and proper for carrying into execution" any and they often declined to comply with one of these. powers. So far from this power , such requisitions. It thus became necessa- having been delegated to Congress, it wars l ry, fOr the purpose of removing this barrier, expressly refused by the convention which and "in order to form a more perfect : framed the Constitution. , - a Union," to establish a Government which It appears from the proceedings of that could act directly upon the people, and ex- body, that on the 31st May, 1787, the clause', its own laws without the intermediate" authorizing an exertion of the force of the agency of the States. This has been ac- whole against a delinquent State," came complished by the Constitution of the Uni- up for consideration. Mr. Madison opposed ted States. it in a brief but powerful speech, from which In short, the Government created by the I shall extract but a single sentence. He Constitution, and deriving its authority from observed : " The use of force against a State the sovereign people of each of the States, would look more like a declaration of war has precisely the same right to exercise its than an infliction of punishment ; and would power over the people of all these States, probably be considered by the party stack /1i the enumerated cases, that each one of ed as a dissolution of all previous compacts thcm, possesses over subjects not delegated by which it might be bound." Upon. his to the United States but "reserved to the motion the clause was unanimously postpo- States, respectively, or to the people." ned,, and Was never I believeagain presen- To the extent of the delegated powers the ted. Soon afterwards, on the Bth June,l7- Constitution of the United States is as much S 7, when incidentally adverting-to thelub a part of the Constitution of each State, and ject, he said: "Any government for the is as binding upon its people as though it United States, formed on the Cupp . prao had been textually inserted therein. - ticability of using force against th uncon . This Government; •therefere; is a great stitutional proceedings of the Stat „would and powerful GOvernment, invested with all prove iiii visionary and fallacious as e pin the 'attributes df' sovereignty over the ape- eminent of Congress,", evidently m rung did subjects to which its authority , 'extends. . the then existing Congress of the old con ed- Its framers neveiintended to implant in its oration. _ . bosom the seeds of its own destruction, nor Without descendingto particulars, it ma • were they at its creafion4uilty of the ab- be safely asserted that the power to make surdity pf providing ffir its. °vie. dissolution : war against , State is at. variance with the It Waiinot - intend ed:l 7 , yr frame:isle be the whole apiii and iiitenfrof the Constitution. - baseless' fabric or -si• vision;tithich, at . the Suppose such a sitarehotild result in the iiiiii-` 'touch' of the enchanter, would vanish into quest of a State, how are we to govern itaf.: thinair, lint,4 substantial arid mighty &brie. .tervrardia Shall we - bold it as a prevince, na "enpable of-resisting the slow decay of tin% end govern it s by despotic penert fit the,' • and- d f defylhg the sterhis of ages; Indeed, tare , of things wipeotdd not; by physical force riell mad"- th ei iegitotur Pat** 'cif. the. 44 control the will of the people, and com p el lieVerlidurgedfeara that' i Government lei Omni to elect Senators andltentesentatives such high-prime Might Viidide 'the reeirriedl to Congress , and to perform'all the Other du rightir of , the Sfateic- mid' wisely , slid they I 1401 dependingupon their own Volitioskand' adoPtAhe ride , Of a Strict. donstilictioli 'of ' required f r4:l4 A le f re ecith e y,"k o t a fit oo of a t e thetrepowera tnluevent Unftitingerl ' BO . ; as a 'cotuitituentinetiiher.Oftliaamifdderaci.' they-diff not;fear s -tiorhad' they any reasdn: * • But,; if 15 0 ? : - i,b 88004 0„044,11 '#;isfjd'i to ''im.ithiitillietrtuititution would ever 76 3 wise to oi on *l - 4 12 ,4 0r : 'III ; be e& interpreted tato' enable any 800, •by, .stAiit*t` Tha apoidgquid*MWSlis tete. lief Chili ailkiiiid : vritlinuttlieconsent other. presem4ke VionnWar wchild ocof ciiiiii Aster States, lb Washer_ . ge - lifpletniiiii , present. the most effectual niemarrotilesoop; allfir Of - theitrof#llll - obniM: lit - ' ling. - Whitt Av m iii - . Al - hope • fripirtreAdilitli theili t iltre '-• ',. • .: leaf; pe ", i o e .„ Beeidea, in .: : th .- . the filitee.sfilikirattedivrie "•-`• , . 'l l . l 4 6 't 4 liiralainirOlillietortiveatiattaii . . -. "" Alatifiwaistit'al --t: 4 OP kiWRI* 4 Wd4 witt•taisenife Cl.*edd=bnealier44,io n . 04 ':*fitt''''Or liksOf-ii* 644 , ''' - '.: ll lO P4 r , Ai: fOrd . Wriebneirestk.bilvitriiii4be' " f. B Y 6 z!eeZZRILO wth14.!41.1 6 •° - -` ''' - :J'l. • - I / 51V Atte - ' i lnwstOtio. . • or te t Witbi - .... • neirn - . : '.,, -*bit iresikklie..tin • 174igtdOkit tEtleas Ina '' r ,„i i kiii. , _ ; • 71 `.. ''of iteee ,, dttibig itiritilev it 4orivatfmmotifirbti'beetk -; •- , • * sg - .eibilliri"'---;. : t , - , q, , - , ;- - -- , •t lxicitobtebrl3**44ri ' ' .. -t " Olikeit 'Xixii,*•ll4t'ottr'' Union re ,..i it2l4 r i. t . 'Uld'fitursiiiinierdirbaVelitiii - , ptiblib`hpfitied, and can neigebe' " ' •i4.strifeiviiilbiitiffikieri their p l at •'' t iir'ern- by the blood of its citizens in civil t it cannot lice in the affectations of the peo ple, it must one day perish. ConpcispPe seises many means of preserving tetifoor7' ciliation ; bit the sword was not Placeil.irt their hand to preserve it by force.„, - - But may rbe permitted solemnly to. in , Yoke my countrymen - to pause and deliberT late t hefore they determine to deltroSy this, ithe . grandest temple which has_ ever been 'dedicated to human free dom ShKe the lworld began? It has, :_isseisreonsetted"hi , the blood of our fatligneby the' oriei',Of the past. and by the hopes of the eture..;-- The Union has already made us ' The most prosperous and; ere long, will, if preserved render us the most powerful nation on the I face of the earth. In every foreign region of the globe the title of American citizen is held in the highest respect, and, when pro nounced in a foreign land it causes the, hearts of our countrymen to swell wOh-hon est pride. Surely when we reach the brink of the. yawning abyss, we shall recoil with horror ; from the last fatal plunge. Bysuch a dread catastrophe the hopes of the friends of free dom throughout theworld,would be destroy ed, and a long night of leaden despotism would enshroud the nations. Our exam ple for more than eighty years would not only be lost; but it would be quoted as's con clusive proof that man is unfit for self-gov ernment. It is not every wrong—nay, it is not every grievous wrong—which;' can justifiy a resort to such a fearful alterMitive. This ought to be the last desperate remedy of a despair ing people, after every other constitutional means of conciliation had been exhausted. We should reflect that under this free gov ernment there is an incessant ebb, and flow in public opinion. The slavery question, like everything human, will have its day.— I firmly believe that it boa already reached and passed that culminating point. ' But if, in the midst of the existing excitement, the Union shall perish, the evil may then be come irreparable. Congress can contribute much to avert it by proposing and recom mending to the legislatures of the several States the remedy for existing evils which the constitution has itself provided for its own preservation. This has been tried at different critical periods of our history, and always with emi nent success. It is to be found in the sth article providing for its own amendment. Under this article amendments have been proposed by two-thirds of both houses of Con gress, and have been "ratified by the legis latures of three-foOrths of the several States," and have consequently become part of the Constitution. To this process the country is indebted for the clause prohibiting Congress from pas sing any law respecting an establishment of religion, or abridging the freedom of speech or of the press or of the right of petition.— To this we are,/tlso indebted for the Bill of Rights; which secures the people against any abuse of Tower by the federal govern ment. Such were the apprehensions - justly entertained tip the friends of State rights at that peri6d as to have rendered it extreme ly doubtful whether the Constitution could have long survived without these amend ments. Again, the constitution was amended by the same process after the election of Presi dent Jefferson by .the House of Represen tatives, in February, 1803. This amend ment was rendered necessary to prevent a recurrence of the dangers which had serious ly threateded the existence of the govern ment during the pendency of that election. The article for its own amendment was in tended to secure the amicable adjustment of conflicting constitutional questions like the present, which might arise between the governments of the States and that of the United States. This appears from contem poraneous history. In this connection I shall merely. call attention to a few enten- COS in Mr. Madison's justly celebrated re port, in 1799, to the Legislature of Virginia. In this he ably and conclusively defended the resolutions of the preceding legislature against the strictures of several other State Legislatures. These were mainly founded upon the protest of the Virginia legislature against the "Allen and Sedition Acts." as "palpable and alarming infractions of the Con stitut ion." In pointing out the peaceful and cunstitu tional re niedies. and ho referred to none other, to 'which the States were authorized to resort on such occasions, he concludes by saying. "that the legislatures of the States might have made a direct representation to Congress with a view to obtain a rescinding of the two offensive acts, or they might have represented to their respective senators in Congress their wish that two-thirds thereof would propose an explanatory amendment to the Constitution, or two-thirds of them, sebies, if such had been their option, might by an application . to Congress, have obtain ed a convention for the same object." This is the very course'which I earnestly re commend in order to obtain an "explanatory amendment" of the Constitution on the subject of slavery. This might originate with Con gress or the State Legislatures, as may be deemed most advisable to attain the object! The explanatory amendment might be con fined to the final settlement of We -true con struction of the Constitution on three special points: 1. An express recognition of the right of pro perty in slaves in the States where it now ex ists or may hereafter exist. 2. The duty of protecting this right in all -the common Territories throughout their territorial existence, and until they shall be admitted as States into the Union; with or without slavery, as their Constitutions may prescribe. 3. A like recognition of the right of the mas ter to have his slave, wbo has escaped from one State to another, restored and "delivered up" to him, and of the validity of the fugitive slave law enacted& for this purpose. together with a declaration that all State laws impairing or defeating this right are violations of the Constitution, and are, consequently, null and void. It may be objected that this construction of the Constitution has already been settled by the Supreme Court of the United States, and what more ought to be required ? The answer is, that a very large proportion of the people of the United States still contest the correctness of this decision, and never will cease trom agi tation and admit its binding force until clearly established by the people of the several States in their sovereign charaiter. Such an et planatory amendmentelvould, it is believed, fox ever terminate the existing distentions and re store peace and harmeny among the States. Ii ought not to be doubted that such tin.ap peai to the arbitrament established by' the Constitution itself would be received with fa vor by all the States of the Confederacy. In any event it ought to be tried - in a spirit of Conciliation before any of these 'States shall separate themselves from the Union. . When I enterecligion the duties of ttie,Presi dentist office, the aspect neither of our foreign or domestic affairs was at all satisfactory. ' We were involved in dangerous "eomPricatibni with several ustioneyand twp eUrmxritories were in a state 6r rertiliitidn 'against" he tfovern- , ment: - A , restoration of the African 'Sfkie Trade had - numerous atut polverful 'ittivneaWs:' Unlaivinl mfiltery expeditions - Wei* Connte 'sluiced by 'many of our citizens, and were sof. fered s - la 'defiance tif \ the - efforts Of the-Govern tnenV to eshape'from our shore4for the perl pose Oilskins war upon the unoffendhigpto. pie of 'tense war with -*how we were stparito. -*AMMO* to these - and other tlifEcidties,..we iirpelienetidivre*idsicin in eterfaffairi s soon aftertiy.edeent to ptiwer,'Of mreitdipled'slifer*Mutofitinotisiontegreesd ees,to-1111,' ohs ., great intelistivof, the-intittly. When *Alike ratripPeet of *bat null lllett war ebtantron tad eaaitalt -We - with- 10 tame:: *tarpreitStity tki tiale Oats late f tailaidekti• IeV I TIO4 itileoll-141itindent restimlSeng turn grateful. theiblothat merciGat Prig: Jaeuckw.kiiltbscuigetrOia!*ilavtilkshOta* o.4.olllll,loll4oolllll%.4ll.=;tql illeitaisamemhieit ma" I *VW • t; /'t Afoie - stptyApittstiatinit ktirfafftierlM 'lnent,.lool/011101164bil . .1 1 0 0C:4 19 Unita: „ ittz w 22 . e t : at = • 141%. su '4641 1 0'117 - i .0-4-.16-rdiVArt.' „eat in ;w o wed. Aro, aceomptish .this object each on the feiiiietele4iF-Z he - d 'e'' ,sted to the meat violent .treats are not alegititaate sonreie ` atee - e . o,,ealsessive , • ' fePergenixation legs formed .setth the general Instruetion., se a t',, - gi,” :' - and, Ite:041 ' 'ee imperative duty-to exert verites; but that Inall such mines • lit -el. rov ig o teeparee: ea . Under these, eirenm- , lti , be conferred upon pere o ee r ro - t - F ' .ex in t E b ta e n w c h ei o . :Z e n c a i ro ar ti e In o . y nal power of the Executive eer is bound .to act for the CieerZsmealrbesai-' dell war from raging prudent individual would act for hiutielf ' 'II' to proao 4 4 llo 4 / 041 .1 1 1 111t In gletelaitesibitkieleetha excited state of the - publiiiihind. hit* rah and Sou , lb might have , /UMW( SLATS team in . . . : :'''' slt Is with great tatisfactlonl n iinire ' 1` ' Idessage, not a single slave ' extended ente wing States. - ; the fact, that, since se dateof - 1111 e4lll. e my last Anneat by.erellaries both into the United States In viol atio n n i i°441114141 • : - 'es In Kansas - had been in . „.. , prohibiting the A friCan stal e v ci f '- - o i 1 t 11 e' " 4 meat tur is e r n o t u ign ad t ed io Un a pon tb a 9 0ro. nt og a.e h ' ereee . 11 1 , 614 °11 ; do l t ' ' , . fr ail : l :lL North Mil t o h t e el. S outh , to a degree of malignity without parallel in our history. 'F spirit which prevailed elinhjeck Indeed; portion of prevent actual collision, and to assist the eiv - i o l , , magistrates in enforcing the laws, a strong de-farad ion fellow -citizens in favor of th is !trade seems o have entirely subsided • ' I also congratulate - ' . tachment of the n ar ta tny th w e as ma s rs te hol tion an ed d in hi t s he de T p e u r: lim you upon lbtepuliffififttli as a posse cram-` ritory, ready ties, when lawfully called upon, itatus in the execution of civil and criminal I timent which process. ' !setting on foot milietaxists'ititothet f the cebaa o f Still, the troubles in Kansas could -not have l limits of the tinited ry te 6xPedition e s 1144°1" been permaneotly,settledwitheintanAttleetion bY thence and make war u tates. to r°cesti *in time people. The ballot-box is the surest arbiter , lending States, with who m the people'of of. ' of disputes among freemen. Under .t hi s con- this respect a happy e e e la na " are a b t pettei r... „ee . .ilt victiort, every proper efforewaa employ d i e- to •rt - . since the commenceine t r e y lial d —e l en tl ia dune the hostile parties ,to- vote at the election It surely ought to be th P o tn ` A 411 / -n- Itratissle's of delegates to frame a State Constitution, and tine and patriot, the such of e"ry C"- afterwards at the election to decide whether never again receite. °ll4-Y ' Kansas should be a slave or , a freaktete. The l or depart from our sre countenance in our eouetry . insurgent party refused to' Cote' at either. lest 1 It would be a useless s. ' . ' this might be considered a recognition on their repetition to More than refer, with earnest part of the Territorial Government established , former recommendations rminendati". to toy . by Congress. A better spirit, however, seemed , railroad—of the grant of n favor of the Pacific _ soon after to prevail, and the two perties met dent to employ the ' pbwer to the Presi- ` face to face at the third election, held on the for the protectiont he f naralforce in the vicinity, first Monday olJannery, 1858,-for members of : our fellow - citizens ° lives and piptirty of the Legislature and State officers nnder the Le- I different Central A pass ing . in transit over the compton Constitution. The result was the tie- den and lawless outbr eaksmelilroutes, against mid— nmph of the anti-slavery party at the t I ells. and also to Protec t American and depredations ; ' This decision of the ballot-box proved clearly Itheir crewsand ierican merchant vessels, that this party were in the majority, and re- unlawful seizure a n d con fi scation against violent and moved the danger of civil war. From that •of Mexico and the n so ,, n confiscatipit in the ports ' time we have heard little or nothing of th e To- I I when these may ho in disturbedathAmerican republics, peka Government ; and all serious danger of tionnry condition . Y It is and revoiu. revolutionary troubles in Kansas was then at I that withoutsuch my settled conviction, , 1 . a power we do not afford that an end. I protection to those engaged inl The Lecompton Constitution, which had been ,of the Country which they have a right to thus recognised et this State election by the deuiand. votes of both political parties in Kansas, was - J ELECTION o;siitsfr.v.it s OF CONGRESS. transmitted to me with, the request that I Ia ai a n receornmend to , . • should present it to Corigress. This I could Page -f . . Coneiess the pas not have refused to do without violating my of itho Constitution, law in pursunnee of the provisions clearest and strongest convictions of duty. The e omstitution, appointing a day cur constitution, and all the proceedings which t a m, previous to the 4th - March, in each ' preceded and followed its formation, were fair year of ne odd number, fur the election of and regular on their face. I then believed, and representatives throughout all the States. experieece has proved, that the interests of the A similar power has already been exercised, - people of Kansas would have been best con- with general approbation, in theappoinmerrt stilted by its admission as a State into the of the same day throughout' the • Union for Union, especially as the majority, within a holding the election of electors for President brief period, could have amended the Coestj. and Vice President of the United States. tution according to their will and pleasure. If, My attention was earnestly directed to this fraud existed in ell or any of these proceedings, i subject from the fact, that the 35th Congress it was not for the President, but for Congress, terminated on the 3d March, 1859, without • to investigate and determine the question of , making the necessary appropriation for the fraud, and what ought to be the consequences.. service of the Post Office Department. -- I If, at time two first elections, the majority re. • was then forced to consider the best remedy fused to vote, it cannot be pretended that this for this omission. and an immediatecull refusal to exercise the elective franchise could ' the Present Congress Wilt the na tural eu of invalidate an election leirly held under lawful ,resort. Upon enquiry, however, 1 ascertained . tine, authority, even if they had not subsequently- fi fteen out of the 33 Stitt s voted at tbe third election. It is true that the e• composing theCon federacv-wer whole Constitution had not been submitted to c . c J ap,e e wi thout t representatives, and I that, the people, as I always desired ; but timepiece- quen i ly, tlit.,:e fifteen States would b (.1 . - e isfraue used by such !Ica- These dents are numerous of the admission of Suites .. info Uion without such submi;sion. l id teen States will be in that condition on the It w e ldou not comport with ruy present pure I 4th Mardi, next. Ten of therefeannot elect pose to review the proceedings of Congress up- representatives, according to existing laws, on the Lecompton Constitution. It is sufficient' until dillerent periods, extending from the to observe that their final action lias removed beginning of Aueust next until the months the last vestige of serious revolutionary trou- of October and November. , hies. The ilesperitte•batel recently assembled, In my last massage I gave wnrning that' under a notoriens outlaw, in the southern pore 1 in a time of sudden and alarming danger, • tion of the Territory, to resist the execution of I the salvation of our institutions might clo the laws rand to plunder peaceful eitizals, will, I Pend upon the power of the President im- I doubt not, be speedily subdued and brought imediately to assemble sa lull Congress, to * to justice. meet the emergency. Had I treated the Lecompton Constitution ns TARIFF. a nullity and refused to transmit it to Con- It is now quite. evident that the financial gross. it is not difficult to imagine, whilst re- i necessities of the (love! nment will require calling the position of the country at that mo- a modification of the tariirduring your pres mutt, w hat would bare been the disastrous I ent session, for the purpose of inereasing consequences, both in anti out of the Territory, time revenue. In this mpect, I desire to re from such n derelection of duty on the part of ` iterate • the recommendation, contained in the Executive. I my , last two annual messages, in favor of im- Peace has also been restored within the Ter- posing specific instead of ad viz/ore/1i duties ritory of rtah.whisli, at the commencement of • impor ted , articlesto ion my , Administration, was in a state of open re -1 pr operly applied. From long observation hellion. Thesewas the more dangerous, as the j mind - - . ' peopft e arrlinated by n fanatical st irit and en- / . experience I ant convinced that specific trenched withiu their distantmountain fastness- i duties are necessary, both to protect the rev.- es, might have snide a lone and formidable re-; fettle and to secure to our manufacturing its • sistanre. Cost it hat it might. it was net ergs- i terests that amount of incidental enconr ry to brine them into subjection to the Cel es te- I agement which unavoidably results fronets tution and the laws. ' Sound policy, therefore, revenue tariff. as well as humanity, required that this object As an abstract propositien it may he nde should, if possible, be accomplished without,mitted that ad valonm duties would, in the the effusion of blood. This could only be ef- ory, be the most jtiit and equal-. But if the fected by sending a Ministry force into the Ter- I experience of this end all other commercial . ritory sufficiently strong to cons ince the people ; nations has -demonstrated that such duties that resistance would be hopeless, and at the! cannot be assessed and collected without same time to offer them a pardon for past often- i great frauds upon the revenue, then it is ces on condition of immediate submission to I the part of wisdom to resort to specific du the Government. This policy was pursued I ties. Indeed, from the very nature of an ad with eminent success; and the ouly cause for I valorem duty, this must be the result. .Un . - regret is- the heavy expenditure required to der it the inevitable consequence is, that march a large detachment of the army to that: foreign goods will be entered at less than remote region and to furnish it subsistence. I i their true value. The treasury will, there- Utah is now comparatively Peaceful and quiet, i fore, lose the duty on the difference-between and the military toree has been withdrawn, ex- ; : their real and fictitious value, and to this - cept.that ,portion of it necessary to keep the . Indians in - check and - to protect - the emi- extent we are defrauded: grant trains on their way to our Pacific The temptations which ad valorem duties possessions, present ton dishonest importer aro irresisti- - ble. 6His object iS to pass his goods through the qiistom-house at the very lowest velua- • tion necessary to save them front confisca tion. In this be too often succeeds in.spito of the vigilance of the revenue officenl. . Bence the resort to flan invoices, one tot the purchaser and another for the custom-house, and to other expedients to defraud the Covent ment. The honest importer produces his in'? ,- voice to the collector, stating the actual pito • at which be purchased the articles abroad.— . - Not so the dishonest importer and the agent of . . the foreign manufacturer. And here it may be , : observed that a very large proportion of the manufactures imported from abroad are con- signed for sale to commission merchants oho _ are mere agents employed by the rnanufecturers. In such cases no actual stile has been made to fix their value. .Tbe foreign manufacturer. it be be dishonest, prepares an invoice of thp goods, not at their actual value, but at thi very - lowest rate necessary to escape detection. - In this manner the dishonest importer and the foreign manufacturer enjoy a decided advan tage over the honest merchant. They are thus enabled to undersell the fair trader,•and drive him from the market. la fact, the opera tion of this system has already driven from the . pursuits of honorable commerce many of that. _ class of regular and conscientious merchants, • - whose character, throughout the 'world, is the ' pride of our country. - . .. The remedy for these evils. it to be tonna • in specific duties, so far as this may be Joao-, ticable. They dispense with any inquiry sit : the eustom-house into the- actual - cost . ole ~ 'Value of th e article, and - it pays Abe 000, : amount of duty previously fixedhrborm-- - ,:- Theypresentnotempfationstothappiaisers of foreign goads, who receive hut,smalisala. ,- • vies, and might, by undervaluation iii a fell cages, render themselves independ . - . Beaideit, . specific dutiett best confo to - the requisition in theCOnititutiOn that 'AO preference Shall be given by enY reed* of commerce "or revenue to the ports of q_ ~ State over those Of `another." :Under or - ad valorem latent wadi -.preferences ate* .. ' some agent ineVitaikt, 04 tsOmplainte have • . ' often,iken mode lhat`the,apirit,of thiaprs-,.. , ., . e vitiPapi4bpE432,ool4#44la.o l 9wer, L 4 N,re sai 1 51#0 , - 40. ft.ba.J.o 4 , O I C4**Pr , PYP' • ' ,o , . t another le- PIRA . CES In my first annual message I promised to em ploy my best exertions, in co-operation with Congress, to reduce the expenditures of the Government within the limits of a wise and ju didions economy. An overflowing tredsury had produced habits of prodigality and extrava gance which could only be gradually corrected. The work required both time and patience. I applied myself diligently to this task from_the beginning, and was aided by the able and ener getic efforts of the Heads of the different Ex-' ecutive Departments. The result of our labors in this good cause did not Appear in the sum total of our expenditures for the first two years, mainly in consequence of the extraordinary ex penditure necessarily incurred in the Utah ex pedition, and the very large amount of the con tingent expenses of Congress during this pe riod. These greatly exceeded the pay and mile age of the members. For the year ending 30th June, 1858, whilst the pay and mileage amount ed to $1.490,214, the contingent expenses rose to $2,093,309.79, and for the year ending 30th June, 1859, whilst the pay and mileage amount ed to $859,093 66, the contingent expenses amounted to $1,431,565 78. lam happy, how ever, to be able to inform you that during the last fiscal year ending on the 30th June, 1860, the total expenditures of the Government in all its branches--legislative, executive, and judi cial—exclusive of 'the public debt, were re duced 'to the- Sum 'of $56X02,485 48. This conclusively tipplers' front the books of the Treasury. - ID the year ending on the 30th June, 1858, the total eXpenditore - ' exclusive of the ptiblio , detit, amounted to $71;901,129 77, and that tor the' year ending - 30th June, 1859; to . $68,348,928 13. 'Whilst the- books of the Treasury show an- actual eitoenditure of $59,- 848,474 IS for theyear'ending 30th June, 1860, including $1,040;687 71 fin the contingent ex- Pewit" of Mime"; ' there • Must be deducted from' this-amount the sum of $4,296,00%,26, with the Interest upon it of *150,000, appropri- Med by the octet 16th February, 1860, - , i for the Purpbee-ofeupplying`the dedefencyin the reve nues and defraying the expenses- of the Post Office Department for the year eudiugtha thir tieth of June ' one thousand eight htutdredend fiftpultte.e - 4 Fhlisute r theseforejustly charge able to titeletii 1859, Mast' be . deducted front the eumrof 59,848,474 714 br•Orike to ester tht IS
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