PRESIDENT'S MESS A G E .
rttw Citizens of the Senate and House
Vr Representatives :
The continued disorganiration of the
Onion, to which the President has bo often
eal'ed the attention of Congress, is yet a
uWecl of profound and patriotic concern.
W may. However, nnu iuiuu icni
that anxiety in the reflection that the pain
ful political situation, although untried by
ourselves, 13 not new ia the experience of
nations.
Political science, perhaps as highly per
fected in our own time and country as in
any other, has not yet disclosed any means
by which civil wars can he absolutely pre.
Tented ; an nlightcncd nation, however,
with a wise and benlftoent Constitution of
fres government, may diminish their fre
quency and mitigate their severity, by di
recting all its proceedings in accordance
with its funamental law. When a civil war
bm been brought to a close, it is manifestly
the first interest and duly of the State to
' renair the iniurios which the war has in-
flictcd. and to secure the benefits of the
leasnns it teaches, as fully and as speedily
, as possible. This duty, was, upon the ter
mination of tho rebellion, promptly accept.
d, not only by the Executive Department,
but tit the Insurrectionary States thera-
.nmveg. and restoration in the first moment
of peaco, was believed to be as easy asd
: a. . . ll Mrna imliannllSllhllt.
Th pint ctations. however, then so rea
sonably and confidently entertained, were
disappointed by legislation from which I
felt constrained, by my obligations to the
Constitution, to withhold my assent. It is,
there, a source of profound regret that in
complying with thcobligation imposed upon
the President bv the Constitution, to give
to Congress from time to information of the
state of tho Union, I am unable to commu
nicate any definitive adjustment satisfactory
to tho American people, of the questions
which, sinco the close of the rebellion, have
agitated the public mind. On tho contrary,
candor compsls me to declare that at this
time there is no Union as our futhers un
derstood the term, and as they meant it to
h understood bv us. Tho Union which
tthey established can exist only where all
the States are reoresented in both Houses
of Congress, "wnere ono State is as free as
onother to regulate its internal concerjs
according to its will," and where the laws of
the central government, strictly confined to
matters of national jurisdiction, apply with
equal forco to all the pcoplo of evory sec.
lion.
That such is not the present "state of the
Union'Msa meloncholy fact, and wo all
must acknowledge that the restoration of
tho States to the proper legal relations with
the Federal Government, and with one an
other, according to tho terms of tho origi
nal compact, would be the greatest tempo
ral blessing which God, in his kindest
providence, could bestow upon this nation.
It becomes our imperative duty to con
sider whether or not it is impossible to ef
fect lile niott desirablo ootiauininution. Tli
Union and tho Constitution are iiieeperablo.
As long s oue are obeyed by ail parties,
the other will bo preserved ; and if ono is
destroyed, both must perish together. The
destruction of the Constitution will be fol
lowed by other and still greater calamities.
It was ordained not only to form a more
perfect Union between the Suites, but to
"establish justice, insure domestic tran
quility, provido fur tno common defence,
promote the general welfare, and secure the
blessings of liberty to ourselves and our
posterity." Nothing but implicit obedi
ence to its requirements, in all parts of the
country, will accomplish these great ends.
Without thut obedience we can look for-ar-l
only to continual outrages upon indi
vidual rights, incessant breeches of the
public peace, national weakness, financial
dishonor, the total loss of prosperity, the
general corruption of morals, and the finul
extinction of popular freedom. To save
our oountry from evils so apaling as these,
all mi 1.1 nor AUK afFiirtD IKTIlin flllll II fTflill.
To me the process of restoration seems
perfectly - plain and simple. It consists
merely in a faithful application of tne Con
stitution and the laws. The execution of
the laws is nut now obstructed or obstruct,
ed or opposed by physical force : there is no
military or other necessity, real or preten
ded, which can prevent obedience to the
Constitution, cither North or South. All
the rights and a'l the obligations of Slate
and individuals can bo protected and en
forced by means perfectly consistent with
tha fundamental law. Tho courts may be
everywhere open, and, if open, their pro
cess would be unimpeded. Crimes against
the United Stales cau b( prevented or pun
ished by the proper judicial authorities in
manner entirely practicable aud legal
There is, therefore, no reason, why the
Constitution should not be obeyed, unless
those who exercise its powers have deter
mined that it shall be disregarded and vio
lated. The mere naked will of this Govt
efnment, or of some one or mors of its
branches, is the only obstacle. that can ex
ist to perfect Union of all the. Slates. On
this momentous question- and some of the
measures growing out of it, I have had the
misfortune to differ from Congress, aud
have expressed my convictions without re
serve, thoughftvith becoming dsference to
the opinion of tho legislative Department.
Those convictions are not only unchnngi
d, but strengthened by subsequent ovetits
nd further reflection. The transcendent
importance of this subject will be a sufficient
exouse for calling your attention to some
of jhe reasons which have so strongly influ
enced my own judgment. The hope that
we may all finally concur in a mode if set.
tlenent consistent at once with our true in
terests, and wilh our sworn duties to the
Constitution, is too natural and too just to
be easily relinquished.
It is clear to my apprehension that the
fitates lately in rebellion ar still members
of the National Union. When did they
ceaBetobeio? Th) ' 'Ordinances of Se
cession " adopted by a portion in most of
mem a very small portion or tueir citizens
were mere nullities. If we admit now that
they were valid and effectual for the purpose
intended by their authors, we sweep from
under our feet the whole ground upon
which we justitieu the war. Were those
States afterwards expelled from the Union
by the war T The direct contrary was aver
red by this government to be its purpose,
and was so understood by all those who
gave their blood and treasure to aid in its
prosecution.
It cannot be that a successful war, waged
for the prefervation of the Union, had the
legal effect of dissolving it. The victory of
the nation's arms was not the disgraoe of
her nolier ; the doleat of Secession on the
battle-field waa not the triumph of its law
less principles ; nor could Congress, wilh
or without the consent of the executive, do
anvlbiue which would have the effect, di
reotly or indirectly, of separating the States
troti'eacb other. To dissolve the Union is
RID G
JOHN' F. MOORE, Editor fc Proprietor.
to repeal tho Constitution which holds it
together, and thafc is a power which does
not beloug to any department of this
government or to all of them united.
Tuts is so plain mat it nas oeen ac.
knowledged by all branches of the Fed
eral Government. Tho Executive, my
predecessor, as well as myself, and the
heads of all tho departments have uni
formly acted upon the principle that the
TInion is not only undissolved, but in
dissoluble. Congress submitted an anl
endraent to tho Constitution to bo rati,
fied by the Southern States, and accept
ed their acts of ratification as a necessary
and lawful exercise of their highest
funotion. If they were not States, or
were States out of tha Union, their oon-
sont to a change in the fundamental law
of tha Union would nave been nugatory
and Congress in asking it commuted a
n
political absurdity.
Tha Judiciary has also given tho sol
emn sanction of it3 authority to the same
view of the cafe. The Judges of the
Supreme Court have included the South
eru StaCes in their circu:ts, and they are
constantly in lave and elsewhere, exer
cif-ing jurisdiction which does not be
long to them, unless those btates are
States of the Union. If the Southern
States are component parts of tho Union,
tho Constitution is tho hw for them, im
plies the co.relutivo obligation on our
Dart to observe its limitations and exc
cute guaranties. Without th&Constitu
tiou we are nothing : by, through and
under the Constitution wo aro what it
makes us.
We may doubt the wisdom of the law
wo may not approve of its provisions, but
we cannot violate it merely becauso it
seems to confine our powers within liui
its narrower than we could wish. It is
not a qnestion ot individual, or class, or
sectioual interests, much less of party
predominance, but of duty of high and
sacred duty, which we aro all sworu to
perform. If we can support the Consti
tution with tho cheerful alacrity of
those who love and believe in it, wo
must givo to it, at least, the fidelity of
public servauts who act under solemn
obligations and commauds which they
dare not disregard. The constitutional
duty is not tho only one which requires
tho States to be restorod ; there is ano
thei consideration, which, though of mi
nor importance, is yet of great weight.
OBJECT. OF THE LATE WAR.
On the 22J day of July, 1861, Con.
gress declared by an almost unanimous
vote of both Houses, that the war should
be conducted solely lor the purpose
preserving tho Uuion and maintaimo
the supreinocy of the Federal Constitu
tion and laws, without-impairing tho dig.
tiity, equality aud rights of the States or
of individuals, aud that when this was
dono the war should cease. I do not
say that this declaration is personally
binding on thoso who joined in makin
it, any more than individual members of
Congress are bound to pay a publio debt
created under a law lor which they vot
ed. But it was a solemn publio official
pledge ot tho national honor, ana I can
not imagine upon what grounds tho re.
pudiatiou of it is to be justified.
If it be said that we are not bound to
keep faith with rebels, let it be reuiern
bered, this promise was not made to reb
els only. Thousands ot true men in the
South were drawn to our standard by it,
aud hundreds of thousands in tho North
gave their live3 in tho belief that it
would bo carried out. It was mado on
tho day after the first great battlo of the
war had been fought and lust. All pat
riotic and iutelligeut men then saw the
ueccssity of giviug such an assuranco,
and believed that without it the war wo a
end in disaster to our cause. Having
given that assuranco in the extremity of
our peril, the violation of it now, in the
day of our power, would be a rude rend,
iug of that good faith which holds the
moral world together. Our country
would cease to have any claim upon the
confidence of men. It would make the
war not only a failure but a fraud.
Being sincerely convinced that these
views are correct, I would be unfaithful
to my duty if I did not recommend the
repeal ot tho acts of Congress which
place ten of the Southern States under
tho domination of military masters. If
calm reflection shall satisfy a majority of
your honorable bodies that the acts re
ferred to are not only a violation of the
national faith, but iti direct jonflict with
the Constitution, I dare not permit my
gdlf to doubt that you will immediately
strike them from the statute book. To
demonstrate the unconstitutional charac
ter of those acts, I need do no more than
refer to their general provisions.
It must be seen at oucc that they are
authorized. To dictate what alterations
shall be made in the constitutions of the
several Suites ; to control the elections
of the State legislators and State officers,
members of Congress and electors of
President and Vi:e Presideut by arbi
trarily declaring who shall vote and who
shall be excluded from that privilege j
to dissolve State legislatures or prevent
WAY, PEXXA. DECEMBER 12,
them from assembl'.ftg ; to dismiss judg-1
es and other civil functionaries ot the
State and appoint others without regard
to State law ; td organize and operate all
tho political machinery of the btates ; to
regulate tho whole administration of
their dotuestio and local affairs, accord
ing to tho mere will of strange and irre-
ponsible agents sent among them tor
that purpose.
These are powers not granted to trie
Federal Government, or to any ono of
its brunches ; not being granted, we vi
olato our trust bv assuming thein as
palpably as he would by acting m the
face of a positive interdict, for the Con
stitution forbids us to do whatever it
docs not Affirmatively authorize,' even
L ' .l ,. - I, 1 imnlliutim
If
the authority wo desire to use does
not come before us through tho C onsti.
tution, wc can exercise it only by usur
patiou, and usurpation ia ono of the most
dangerous of political ciimes. By that
crime the enemies or tree government
in all acts havo worked out their do.
signs against public liberty and private
right, it leads directly and immediate
ly to the establishment of absolute'rule ;
lor undelegated power is always unlnni
ted and uurcstruiced.
The acts of Congress in quostion arc
not only objectionable for their assump
tion of ungranted power, but mauy of
their provisions are in conflict with tho
airect prohibitions ot tho Constitution
Ihe Constitution commands that a re.
publican form of government shall be
guarantied to all the fitates : that no per.
son shall bo deprived of lite, liberty or
property, without due process ot law ;
arrested without a judicial warrant, or
punished without a fair trial befora an
impartial jury ; that tho privilege of ha
beas corpus shall not be denied in time
ot peace, and that no bill ot attainder
shall be passed even against a single in.
dividual. Yet tho system of measures
established by these acts of Congress
docs totally subvert and destroy the form
as well as tho substance of republican
government. In the ten States to which
they apply it biuds them band and loot
in al solute slavery, aud subjects. them
to a strange and hostile power more un
limited and more likely to be abused
than any other now known among civil
lzed men
It tramples down all those rights'in
which the essence ot liberty consists
and which a free government is always
most careful to protect. It denies the
habeas corpns and trial by jury. Per
sonal freedom, property tmd life, if as
sailed hy the passion, the prejudice or
the rapacity of the ruler, havo no secur.
ity whatever. It has the effect of a bill
of attainder, or bill of pains or penalties,
not upou a few individuals, but upon
wholo masses, including the millions
who inhabit tho subject States, and even
their unborn children. These wrongs
being expressly forbidden, cannot bo
constitutionally inflicted upou any por
tion of our people, no .natter how tbey
may have come within our jurisdiction,
and no matter whether they live . in
States, Territories or Districts.
I havo no desire to save from the
proper and just consequences of their
great crime thoso who engaged in rebel
lion against the government, but as a
mode of punishment, the measures un
I dcr consideration are the most unreason.
able that could bo invented. JManv ot
those persons are perfectly innocent
Many kept their fidelity to the Union
untainted to tho last.- Many wore inca
pable of any legal offence. A large pro
portion even of the persons able to bear
arms were forced into rebellion against
their will, and of those that are guilty
with their own consent, the degrees of
guilt are as various as the shades of their
character and temper.
But' these acts of Congress confound
them all together in one common doom.
Indiscriminate vengeance upon classes,
sects, aud parties, or upon wholo com
munities for offences committed by a por
tion of them against the governments to
which they owed obedience, was common
in the barbarous ages ot the world. But
Christianity aud civilization have made
such progress, that recourse to a pun
uhmeutso cruel and unjust we meet
with the condemnation of all unpreju
diced and right-minded men. The pu
nitive justice of this age, and especially
of this country, does not consist in strip.
ping whole States of their liberties and
reducing all their people, without dis.
tinction, to the condition of slavery. It
deals separately with each individual,
confines itself to tho forms of law, and
vindicates its own purity by an impartial
examination ot every case before a com
petent judicial tribanal.
If this does hot satisfy all our desires
with regard to Southern rebels, let us
console ourselves by reflecting that a
tree Constitution, triumphant in war
and unbroken in peace, is worth iar
more to us and our children than tho
gratification of any present felling.
1 am aware it U asumed that this sys
temcf covernmeut of tho Southern
18G7.
VOLUME SEVEXXUMDER 40.
Rtaics is not to be perpetual. It is true
this military government is to bo only
rovisionnl; but it is through this tem
porary evil that a groatcr evil is to be
made perpetual. If rthe guaranties of
Constitution can bo broken provisionally
to serve a temporary purpose, and in
part only of the country, we can destroy
them everywhere, and for all time. Ar.
bitrary measures often change, but they
generally change lor the worse.
It is tho curse of despotism that it
has no halting place. Tho intermitted
exercise of its power brings no sense ot
security to its subjects, tor they enn
never know whit more they will bo call
ed upon to enduro when its red right
hand is armed to plague them again.
Nor is it possible to conjecture how or
where power unrestrained by law may
seek its next victims. The States that
are still free may be enslaved at any mo.
uient, for if the constitution docs not
protect all it protects none.
It is ruanitestly and avowedly the ob
ject of these laws to confer upon negroes
the privilege ot voting, and to distran
chise such a number of hito citizens
as will givo the iotnier a clear majority
at all elections in southern btates. 1 his
to the minds of some persons, is so im
portant, that a violation of the Constitu
tion is justified as a means of bringing
it about.
The morality is always false which
excuses a wrong because it proposes to
accomplish a desirable end. We are
not permuted to do evil that good may
come. iut in this case tho end itseit
is evil as well as tho means. Tho tub.
jugation of States to negro domination
would be worso than the military despo
tism under which they are now suffering
It was believed beforehand thut tho pco.
plo would endure any amount ot military
oppression for any leDgth of time, rath
er than degrade themseWes by eubjeo
tion to the negro race. Therefore they
havo been left without a choice.
Negro suffrage was established by aot
of Congress, and tho military officers
were commanded to superintend the pro.
cess of clothing tho negro race with po
litical privileges torn from white men.
The blacks of the South arc entitled
to be well and humanely governed, and
to have the protection of just laws lor
all their right3 of person and property;
If it were practicable at this time to givo
them a government exclusively their
own, under which they, might manage
their own affairs in their own wav, it
would become a grave question whether
we ought to do so, or whether common
humanity would not require us to save
them from themselves.
But, under the circumstances, this is
only a speculative point. It is not pro
posed merely that they shall govern
themselves, but that they shall rule the
white race, make and administer State
laws, elect Presidents and members of
Congress, and shapo, to a greater or less
extent, tho future destiny ot the whole
country. Would such a trust and pow.
er he safe in such hands ? The peculiar
qualities whicn should characterize any
people, who are ht to decide upon the
management of publie affairs for a great
State, havo seldom been combined.
It is the clory of white men to know
that they have had these qualities in
sufficient measure to build npon this
continent a great political fabric, and to
preserve its stability for more than nine
ty years, while in every other part of
the world all similar experiments havo
failed. But if any can bo proved by
known facts: if all reasoning upou evi.
dence is not abandoned, it must be ac
knowledged that in the progress of na
tious negroes have shown less capacity
for government than any other race of
people. No independent government
of any form has ever been successful in
their hands. On the contrary, wherev.
er they havo boen left to their own de
vices they have shown a constant teu
deucy to relapse into barbarism.
In the southern Mates, however, Con.
press has undertaken to confer upon
them tho privilege ot tho ballot. Just
released from slavery, it may bo doubt
ful whether, as a class, they know, more
than their ancestors, how to organize
and regulate civil society. Indeed it is
admitted that the blacks of the South
aro not only regardless of the rights of
property, but so utterly iguorant of pub.
lie affairs that their voting can consist in
nothing more than carrying a ballot to
the plaeo whero they are directed to
deposit it. .
I need not remind you that the exer
cise of tho elective franchise is the
highest attribute of an Aiuericau citi.
zen, and that when guided by virtue,
intelligence and patriotism, and a proper
appreciation ot our free institutions, it
constitutes the true basis of a Demo
cratic form of Government, in which
the sovereign power is lodged in the
body ot the people. A trust artificially
created, not for its own sake, but fcolely
as a means of promoting the general
welfare, its iuflucnue tor good must nec
essarily depend upon the elevated char-
acler aud true allegiance of the elector;
it ought, therefore, to be -reposed in
none exoept thoso who are fitted, morally
and mentally, to administer it well, lor if
conferred upon persons who do not jus.
)y estimate its vulufi, and who are indif
ferent as to its results, jt will only serve
as a means oi placing power ip the hand
of tho ambitious and, uupriuoipled,'and
must eventually end in the oomplcte .de
struction of that liberty of Much - ;it
should be the uioct powerful conservator.
I have therefore, heretofore, urged upon
your extension that the great danger to
bo apprehended from an uuliiuoly ex
ternum ot tho elcouva trauouisedu any
now class iQ our oountry, espeqiajl y
when tho large majority of that class,
in wielding the power thuspluoed in thoir
hands, cannot bo expected correctly to
comprehend tho duties and responsibili
ties which portaiu to Boffiuge. Xester
day, as it were, four millions of person
were held in a coudition of slavery tbttt
had existed lor generations, lodsy
they aro Irecuion, and are assumed by
law to bo citizens. It cannot bo pre
sumed lroiu their previous conditiou of
servitude that as . a class they aro
as well informod as to tho nature of our
government as the intelligent foreigner
who makes our land tho home of hi
choico . . . ,
In tho case of , the latter, neither a
residence of five years nor the knowledge
of our iustitutious which it gives, uor
attachment to the principles of the Con
stitution are tho only conditions upon
which he cau be admitted to citizenship.
He must prove, in addition, a good mo
ral character, and thus give reasonable
ground for the bolicf that he will bo
faithful to the obligations which he as,
sumes as a citizen of tho Republic
Where a people, tho source of alt polit
ical power, speak by the suffrages thr'o
tho instrumentality of the ballot-box, it
must bo caret ully guarded against the
coutrol of thoso who are corrupt in priu
ciplo and enemies of frco institutions,
for it cau only beconio . to our political
and social By stem a safe conductor of
healthy popular sentiiuont when kept
free from demoralizing influences.- Con
trolled thr'o fraud and usurpation by the
designing, anarchy and despotism must
iuevitably follow. In the hands of the
patriotic and worthy our government
will be preserved upon the principles of
the Couslitution iuhorited lrom our fath-
ers.
It follows, therefore, that in admit,
ting to tho ballot-box a new class ot vo
ters, not qualified for the exercise of
tho eloctive frauchiso. we weaken our
system of government instead of adding
streugth and durability.
-1 yield to no one in attach aent to
that rule of general suffrage which dis
tinguishes our policy as a nation. But
ther e is a limit, wisely observed hither,
to, which makes tho ballot a privilege'
and suitable for probation and prepara
tion. To give it indiscriminately to
new class, wholly unprepared by previ
our habits and opportunities to perforin,
the trust which it demands, is to degrade
it, and fiually destroy its power, tor it
may be Bufcly assumed that no political
truth is better established than that such
iudiscrimiuirte and all.embraciug exten
sion of popular suffrage must end at
last in its overthrow aud destruction.
I repeat the expression of my will.'
ingncss to joiu i- any plan within the
scope ot our constitutional aumoruj
which promises to better the condition
of the negroes in the South, by encode
aging them in iadustry, enlightening
their minds, improving their morals and ,
giviug protection to all their juat rights
as freedmen. But the transfer of our
political inheritance to them, would, iu
my opinion, be an abandonment of a da
ty which we owe alike to tho memory o
our fathers and the rights of our child
ren.
The' plan of putting tho Southern
States wholly,' and the General Govern
ment partially, into tho hands of negroes,
is proposed at a time peculiarly uu pro
pitious. Tho louudations . of society
have been broken up by civil war. In.
dustry most bo reorganized, justice re.
established, publio credit maintained,'
and order brought out of confusion. To
accomplish theso ends would require all
the wisdom aud virtue of the gicat men .
who formed our iustitutious originally.'
I confidently believo that their descen
dants will be equal to tho arduous task
belore them; but it is tfor.se than madness
to expect that negroes will perforin it
fur us. Ccnainly we ought not to ask
their assistance nutil we despair of our
own competency.
The great difference between the two
races iu physical, mental end . moral
characteristics will prevent an amalga
mation or fubion of them together iu one
homogenious mass. If tho interior ob
tains the ascendency over the other, it
will govern with rcfereuce only to its
own interests for it will recognize no
common interest and create such a ty
ranny as the continent has never yet
witnessed. Already the negroes are in
fluenced by promises oi confiscation uud
plunder ; they are taught to regard as
an enemy every white man who has any '
respect lor the rights ot his own race.
If this continues it must become worte
and worse, uutil all order will be subver-:
ted, all industry cease, aud the fertile
fields of the South grow up into a wild. '
ertiess. Of all the dangers which -our
nation has yet encountered, uoueare'
equal to those which must result from '
the success of the effort now making to
Africanize the half of our country. , '
I would uot put considerations of mo. ,
ney in competition hi justice and right j
but the cxtH Dsesiucidtnt to recoosiiut-'