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aLbrottitk & Sentinel
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PUBLISHED DAILY AND WEEKLY,
BY W. S. JONES.
THIJRSAY MOUNTS, PEC. 0, 180.
PRESIDENT’S MESSAGE.
Fellow Citizens of the Senate
and House of Representatives :
Throughout the year since our last meetiug, the
country nils been eminently prosperous in all its
material infer sts. The general health has been
excellent, oar harvests have been abundant, and
plenty smiles throughout the land. Our com
merce and manufactures have been prosecuted
with energy sand industry, and have yielded fair
and ample returns. In short, no nation in the
tide of time has ever presented a spectacle of
greater material prosperity than wo hare done
until within a recent period.
Why is It, then, that discontent now so exten
sively prevails, and the Union of the States,
which is the source of all these blessings, is threat
ened with disruption? The long-continued'and
intemperate interference of the Northern people
with the question of slavery in the Southern
States, has at length produced its natural effects.
The different sections of the Union are now ar
rayed against each other, and the time has arriv
ed, so much dreaded by the Father of his Coun
try, when hostile geographical parties have been
formed. I have long foreseen and often fore
warned my countrymen of the now impending
danger. This does not proceed solely from the
claim on the part of Congress or the Territorial
Legislatures to exclude slavery from the Territo
ries, nor from the efforts of different States to de
feat the execution of the Fugitive Slave Law.—
Ail or any of these evils might have been endured
by the South without danger the Union,(as others
nave been,) in the hope that time and rcllection
might apply the remedy. The immediate peril
arises not so much from these causes as from the
fact that the incessant and violent agitation of 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 notions of freedom. Hence a
sense ot security ne longer exists around the
family altar.
This leeling of peace at home has given place
to apprehensions of servile insurrection. Many a
matron throughout the South retires at night in
dread of what may befall herself and her children
before morning. Should this apprehension of do
mestic danger, whether real or imaginary, ex
tend and intensify itself until it shall pervade the
masses of the Southern people, then disunion will
become inevitable. Self preservation is the lirst
law of nature, 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 respects, can
long continue, if the necessary consequence he to
render the homes and the firesides of nearly half
the parties to it habitually and hopelessly inse
cure. Sooner or later the bonds of such a Union
must he severed. It is iny conviction that this
fatal period has not yet arrived p'and my prayer
to Cod is that he would preserve the Constitution
and the Union throughout all generations.
Hut lot us take warning in time and remove the
cause of danger, it cannot be denied that for
five and twenty years, the agitation at the North
against slavery in the South has been incessant.
In 1 535 pictorial handbills, and inflammatory ap
peals were circulated extensively throughout the
South, of aharaetcr to excite the passions of the
slaves ; and in the language of Gen. Jackson, “to
stimulate them to insurrection, and produce all
the horrors of a servile war.” This agitation has
ever since been continued 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, endorsed by distin
guished names, have been sent forth from this
central point, and spread broadcast over the
Union.
Hmv easy would it be for the American people
to settle the slavery question forever, and to re
store peace and harmony to this distracted coun
try.
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 do
mestic institutions iu their own . way. As sove
reign States, they, and they alone, arc responsi
ble before God and the world for the slavery ex
isting among them. For this, the people of the
North are not more responsible, and have no
more right to interfere, than with similar institu
tions in Russia or in Brazil. Upon their good
sense and patriotic forbearance I confess I still
greatly rely. Without their aid, it is beyond the
power of any President, no matter what may be
Uis own political proclivities, to restore peace and
harmony among among the States. Wisely limi
ted and restrained as is his power, under our
Constitution and laws, lie alone can accomplish
but little, for good or for evil, on such a momen
tous question.
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 afford just eauec 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 resulted from transient and temporary causes,
which may probably never again occur. In order
to justify a resort to revolutionary resistance, the
Federal Government must be guilty of “a delibe
rate, palpable and dangerous exercise” of powers
not granted by the Constitution. The late Presi
dential election, however, has been held in strict
conformity with its express provisions. How,
then, can the result justify a revolution to destroy
this very Constitution ? Reason, justice, a re
gard for the Constitution, all require that we
shall wait for some overt and dangerous act on
the part of the President elect before resorting to
such ir remedy.
11 is said ? however.that the antecedents ofihe Pre
sident elect have been sufficient to justify t he fears
of the South that, he will attempt to invade their
constitutional rights. Put are such apprehen
sions of contingent danger iu the future suflicient
to justify the immediate destruction of the noblest
system of government ever devised by mortals?
From the very nature of his offi'Sc, audits high
responsibilities, he must necessarily be conserve,
live. The stern duty of administering the vast
and complicated concerns of this Government af
fords in itself a guarantee that lie will not attempt
any violation of a clear constitutional right. Af
ter all, he is no more than the chief executive offi
cer of the Government. His province is not to
make, but to execute, the laws; and it is are
markable fact in our history, that notwithstand
ing the repeated efforts of the anti slavery party,
no single Act has ever paged Congress, unless we
may possibly except the Missouri Compromise,
impairing, in the slightest degree, the rights of
the South to their property in slaves. Ami it may
also be observed, bulging from present indica
tions, that no probability exists of the passage of
such an Act, by a majority of both Houses, either
in the present or the next Congress. Surely, un
der these circumstances, we ought to be restrained
*"from present action by the precept of Him who
spake as never man spake, that “sufficient unto
the day is the evil thereof.” The day of evil may
never come, unless we shall rashly bring it upon
oifrselves.
It is alleged as one cause for immediate seces
sion that the Southern States are denied equal
rights with the other-States in the common Ter
ritories. But by what authority are these denied V
Not by Congress, which has never passed, and i
believe never will pass, any act to exclude slavery
from these Territories ; and certainly not by the
Supreme Court, which lias solemnly decided that
slaves arc property, and, like all other property,
their owners have a right.to take them into the
common Territories, and hold them there under
the protection of the Constitution.
So far, then, as Congress is concerned, the ob
jection is not. to anything they have already done,
but to what they may do hereafter. It will sure#
ly be admitted that this, apprehension of future
and inger is no good reason for an immediate disso-
the Union. It is true that the Territo
rial Legislature of Kansas, on the 23d of Februa
ry, 18G0, passed in great haste an Act, over the
veto of the Governor, declaring that slavery “is,
and shall be, forever prohibited in this Territory.”
Such an act. however, plainly violating the rights
of property secured by the Constitution, will sure
ly be declared void by the judiciary whenever it
shall be presented in a legal form.
Only three days after my imagination the Su
preme Court of the United States solemnly ad
judged that this power did not exist in a Territo
rial Legislature. Yet such has been the factious
temper of the times that the correctness of this
decision lias been extensively impugned before
the public, and the question lias given rise to an
gry political conflicts throughout the country.
Those who have appealed from this judgment of
our highest constitutional tribunal to popular as
semblies would, if they could, invest a Territorial
Legislature with power to annul the sacred rights
of property. This power Congress is expressly
forbidden by the Federal Constitution to exercise.
Every State Legislature in the Union is forbidden
by its own Constitution to exercise it. It cannot
be exercised in any State, except by the people in
their highest sovereign capacity when framing or
amending their State Constitution. In Itkc man
ner, it can only be exercised by the people of a
Territory represented in a Convention of Dele
gates; for the purpose of framing a Constitution
preparatory to admission as a State into the
Union. Then, and not until then, are they in
vested with power to decide the question whether
slavery shall or shall not exist within their limits.
T ais is an act of sovereign authority, and not of
subordinate Territorial legislation. Were itoth
erwise, then, indeed, would the equality of the
States in the Territories be destroyed, and the
right of property in slaves would depend, not
upon the guarantees of the Constitution, but up
on the shifting majorities of an irresponsible Ter
ritorial Legislature. Such a doctrine, from its in
trinsic unsouudness, cannot long influence any
considerable portion of our people, much less
can it afford a good reason for a dissolution of the
Union.
The most palpable violations of constitutional
duty which have yet been committed consist in
the acts of different State Legislatures to defeat
the execution of the Fugitive Slave law. It ought
to be remembered, however, that lor these Acts,
neither Congress nor uny president can justly be
held responsible. Having been passed in viola
tion of the Federal Constitution, they are there- ,
fore null and void. All the Courts, both State
and national, before whom the question has
arisen, have from the beginning declared tlo Fu
gitive Slave law to be constitutional. The single
exception is that of a State Court in Wisconsin ;
and this lias not only been reversed by the prop
er appellate tribunal, but has met with such uni
versal reprobation that therej can be no danger
from it as a precedent. The validity of this law
has been established over and over again by tho
Supreme Court of the United States with perfect
unanimity. It is founded upon an express provi
sion of the Constitution, requiring that Fugitive
Slaves who escape from service in one State to
another shall bo “delivered up” to tbeir masters.
Without this provision it is a well-known histori
cal fact that the Constitution itself could never
have been adopted by the Convention.
In one form or other under the Acts of 1793
and 1850, both being substantially the same, the
Fugitive Slave law has becu the law of the land
from the days of Washington until tho present
moment. Here, then, a clear case is presented,
iu which it will bo the duty of the next President,
as it has been my own, to act with vigor in’ exe
cuting this supreme law against tho conflicting
enactments of State Legislatures. Should be fail
in the performance of this high duty, ho will then
have manifested a diregard of the Constitution
and laws, to the great injury of the people of
nearly one-half of the States of the Union. But
are we to presume in advance that he will thus
violate his duty ? This would be at war with
every principle of justice and of Christian Char
ity. Let us wait for the overt act. Tho Fugitive
Slave law has been carried into execution in evo
ry contested case since the commencement of the
preseut Administration—though often, it is to bo
regretted, with great loss and inconvenience to
the master, and with considerable expense to the
Government. Let us trust that tho Stato Legis
latures will repeal their unconstitutional and Ob
noxious 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 basis of
the Constitution, have a right to demand this act
of justice from tho States of the North. Should it
be refused, then the Constitution, to which all the
Stales are pai ties, will have been wilfully violated
by one portion of them in a provision essential to
the domestic security and happiness of the re
mainder. In that event, the injured States, after
having lirst used all peaceful and constitutional
means to obtain redress, would be justified in re
volutionary resistance to the government of the
Union.
t have purposely confined my remarks to revo
lutionary resistance, because it has been claimed
within the last few years that any State, whenever
this shall be its sovereign will and pleasure, may
secede from the Union, in accordance with the
Constitution, and without any violation of the
constitutional 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 one of them may retire from
the Union in a similar manner, by thevote of such
a Convention.
In order to justify secession ns a constitutional
remedy it must be on the principle that the Fede
ral Government is a mere voluntary association
of States, to be dissolved at pleasure by any one
of the contracting parties. If this lie so, the Con
federacy is a rope of suild, to be penetrated and
dissolved by tiie first adverse waves of public
opinion in any of tiic States. In tin’s manner our
thirty-three States may resolve themselves into
as many petty, jarring and hostile Republics,
each one retiring trom the Union, without re
sponsibility, whenever any sudden excitement
might impel them to such a course. By this pro
cess a Union might be entirely broken into frag
melds iu a few weeks, which cost our forefathers
many years of privation and blood to establish.
Such a principle is wholly inconsistent with the
history as well as the character of the Federal
Constitution. After it was framed with the great
est deliberation and care, it was submitted to
Conventions of the people of the several States
for ratification. Its provisions were discussed at
length in those bodies, composed of the first men
of the country. Its opponents contended that it
conferred powers upon the Federal Government
dangerous to the rights of the States, whilst its
advocates maintained that under a fair construc
tion o( tiie instrument there was no foundation
tor such apprehensions. Iu that mighty struggle
between the first intellects of this or any other
country, it never occurred to any individual, cither
among its opponents or advocates, to assert, or
even to intimate, that their efforts were all vain
labor, because the moment that any State felt
herself aggrieved she might secede from the
Union.
What a crushing argument would this have
proved against those who dreaded that the rights
of the States would be endangered by the Constitu
tion. The truth is, that it was not until many
years after the origin of the Federal Government
that such a proposition was first advanced. It
was then met and refuted by the conclusive argu
ments ot General Jackson, who in his message of
l.fitii January, 1833, transmitting the nullifying
Ordinance of South Carolina to Congress, employs
the following language : “The right of the people
of a single State to absolve themselves at will, and
without the consent of the other States, from their
most solemn obligations, and hazard the liberty
and happiness of the millions composing this Un
ion, cannot be acknowledged. Such authority is
believed to be utterly repugnant both to the prin
ciples upon which the General Government is
constituted, and to the objects which it was ex
pressly formed to attain.”
It is not pretended that any clause in the Con
stitution givesttountenanco to such a theory. It
is altogether founded upon inference, not from
any language contained in tho instrument itself,
but from the sovereign character of the several
States by which it was ratified. But is it beyond
the power of a State, like an individual, to yield a
portion of its sovereign rights to secure the re
mainder V In the language of Mr. Madison, who
has been called the father of the Constitution :
“It was formed by the States—that is, by tlicr pco
ple in each of the States, acting in their highest
sovereign capacity ; and formed consequent! v by
the same authority which formed tho State Con
stitutions.”
“Nor is the Government of the United States,
created by the Constitution, less a Government in
the strict senseiof the term, within the sphere of
its powers, than the governments created by the
Constitutions of the States arc, within their seve
ral spheres. It is, like them, organized into leg
islative, executive, and judiciary departments. It,
operates, like them, directly on persons and
things ; and, like them, it has at command a phy
sical force for executing the powers committed to
it.”
It was intended to be perpetual, and not to be
annulled at the pleasure of any one of the con
tracting parties. The old articles of confedera
tion were entitled “Articles of Confederation and
Perpetual Union between the States;” and by the
l-3t.ii article it is expressly declared that “ the ar
ticles of this Confederation shall be inviolably ob
served by every State, and the Union shall be per
petual. ’ TheJJpreamble to tho Constitution of the
United States, having express reference to the ar
ticles of Confederation, recites that it was estab
lished “in order to form a more perfect union.”—
And yet it is contended that this “more perfect
union” does not include the essential attribute of
perpetuity.
But that the Union was designed to he perpetual
appears conclusively from the nature and extent
of the powers conferred by the Constitution on
the Federal Government. These powers embrace
the very highest attributes of national sovereign
ty. J 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
armies and navies, and to conclude treatieh with
foreign Governments. It is invested with the
power to coin money, and to regulate the value
thereof, and to regulate commerce with foreign
nations, and among the several States. It is not
necessary to enumerate the other high powers
which have been conferred upon the Federal Go
vernment. In order to carry the enumerated
powers into effect, Congress possesses the exciu
sivo right to lay and collect duties on imports,
and in common with the States to lay and collect
all other taxes.
out the Constitution has not only conferred
these high powers upon Congress, but it has adont
, ed effectual means to restrain the States from in
terfering with their exercise. lor that purpose
it has, in strong prohibitory language, expressly
declared that shall enter into any treaty,
alliance or confederation; grant letters of marque
and reprisals ; coin money; emit bills of credit;
make anything but gold and silver coin a tender
in payment of debts ; pass any bill of attainder,
tx pout facto law, or law impairing the obligation
of contracts.” Moreover, “without the consent
of Congress, no State shall lay any imposts or du
ties on any imports or exports, except what may
be absolutely necessary for executing its inspec
tion laws ;” and, if they exceed this amount, the
excess shall belong to the United States.
And “no State shall, without the consent of
Congress, lay any duty of tonnage; keep troops,
or ships of war, in time or peace ; enter into any
agreement or compact with anotherState, or with
a foreign power ; or engage in war, unless actually
invaded, or in such imminent danger as will not
admit of delay.”
In order still further to secure tho uuinterrup
ted exercise of those high powers against inter
position, it is provided “that this Constitution
and the laws of the United States which shall bo
made in pursuance thereof, and nil treaties made,
or which shall be made, under tho authority of
tho United States, shall bo the supremo law of
the land ; and tho judges in overy State shall be
bound thereby, anything in tho Constitution or
laws of any State to the contrary notwithstand
ing”
The solemn sanction of religion has been su
peradded to the obligations of official duty, and
all Senators and Representatives of the United
States, alt members of the State Legislatures, and
all executive and judicial officers, “both of tho
United States and of the several Siates, shall be
bound by oath or affirmation to support this Con
stitution.”
In order to carry into effect these powers, the
Constitution lias established a perfect Government
in all its forms, Legislative, Executive and Judi
cial ; and this Government, to the extent of its
powers, acts directly upon the individual citizens
of every State, and executes its own decrees by
the agency of its own officers. In this respect it
dm era entirely from the Government under the
old Confederation, which was confined to making
requisitions on the States in their sovereign char
acter. This left in the discretion of each wheth
er to obey or to refuse, and they often declined to
comply with such requisitions. It thus became
necessary, for the purpose of removing this har
rier, and “in order to form a more perfect Union,”
to establish u Government which could act direct
ly upon the people, and execute its own laws with
out the intermediate agency of the States. This
has been accomplished by the Constitution of the
United-States.
In short, the government created by the Consti
tution, and deriving its authority from the sove
reign people of each of the several States, has
precisely the same right to exercise its power over
the people of all these States, in tho enumerated
cases, that each one of them possesses over sub
jects not delegated to tho United States, but
“ reserved to the States, respectively, or to the
people.”
To tho extent of tho delegated powers the Con
stitution of the United States is as much a part of
file Constitution of each Stato, and is as binding
upon its people, as though it had been toxtually
inserted therein.
This Government, therefore, is a great and
Eowerful Government, invested with all tho attr*-
utes of sovereignty over the special subjects to
which its authority extends, its framers never
intended to implant in its bosom the seeds of its
own destruction, nor were they at its creation
fuilty of the absurdity of providing for its own
issolution. It was not intended by its framers to
be the baseless fabric of a vision, which, at the
touch of the enchanter, would vanish into thin air,
but a substantial and mighty fabric, capable of re
sisting the slow decay ot time and of defying the
storms of ages. Indeed, well may tho jealous
patriots of that day havo indulged fears that a Go
vernment of such high powors might violate the
reserved rights of the States, and wisely did they
adopt tho rule of a strict construction of these
powers to provent the danger 1 But they did not
fear, nor had they any roasou to imagine, that the
Constitution would ever bo so interpreted as to
enable any State, by her own act, and without the
consent of her sister States, to discharge her peo
ple from all or any of their Federal obligations.
It may bo asked, then, arc the people of the
States without redress against the tyranny and
oppression of tlio Federal Government? By no
means. The right of resistance on the part of
the governed against tho oppression of their gov
ernments cannot bo denied. It oxists indepen
dently of all Constitutions, and has been exer
cised at all periods of the world’s history. Under
it old governments have been destroyed, and new
ones have taken their place. It is embodied in
strong and express language in our own Declara
tion of Independence. But tho distinction must
over be observed, that this is revolution against
an established Government, and not a voluntary
secession from it, by virtuo of an inherent Con
stitutional right. In short, let us look the danger
fairly in the face: Secession is heithor more nor
less than revolution. It may or it may not boa
justifiable revolution, but still it is revolution.
What in the meantime is tho responsibility and
true position of the Executive ? Hois bound by
the solemn oath before God and the country “ to
take care that the laws be faithfully executed,”
and from this obligation he cannot be absolved by
any human power. But what if the performance
of this duty, in whole or part, has been rendered
impracticable by events over which he could
have exercised no control? Such, at the present
moment is the case throughout the State of South
Carolina, so far as tho laws of the United States
to secure the administration of justice by means
of tlu* Federal Judiciary are concerned. Ail the
Federal officers within its limits, through whose
agency alone these laws can be carried into exe
cution, have already resigned. We no longer
have a district Judge, a district Attorney, or a
Marshal in South Carolina. In fact, tho whole
machinery of the Fed al Government, necessary
for the distribution of remedial justice among the
people, has been demolished, and it would be diffi
cult, if not impossible, to replace it.
The only Acts of Congress on the statute book,
bearing upon this subject, are those of the 28th
February, 1795, and 3d March, 1807. These autho
rize the .President, after lie shall have ascertained
that the Marshal with his posse comitatun is una
ble to execute civil or criminal process in any
particular case, to call forth the militia and em
ploy the army and navy to aid him in performing
this service, having first by Proclamation com
manded the insurgents “to disperse and retire
peaceably to their respoctive abodes, within a
limited time.” This duty cannot by poasibility
be performed in a State where r.o judicial autho
rity exists to issue process, and where there is no
marsh alto execute it, and where, even if there
were such an officer, the entire population would
constitute oi e ..olid combinatio i to resist him.
The bare enumeration of these provisions proves
how inadequate they are without further legisla
tion to overcome a united opposition in a single
State, not to speak of other States who may place
themselves in similar attitude. Congress alone
lias I'ower to decide whether the present laws can
or cannot be amended so as to carry out more
effectually the objects of the Constitution.
Tho sumo, insuperable olnt.clcs do not lie in
the way of executing the laws for the collection
of the customs. The revenue still continues to be
collected, as heretofore, at the Custom House in
Charlestion; and should the Collector unfortu
nately resign, a successor may be appointed to
perform this duty.
Then in regard to the property of the United
States in South ’Carolina. This has been pur
chased for a fair equivalent, “by the consent of
the Legislature,” “for the erection of forts, maga
zines, arsenals, Ac.,” and over these the authority
“to exercise exclusive legislation” has been ex
prcssly granted by (he Constitution to Congress.
It is not believed that any attempt will be made
to expel the United States fro n this property by
force; but if in this I Should prove to bo mis
taken, the officer in command of the forts has re
ceived orders to act strictly on the defensive.—
In such a contingency) the responsibility for
consequences would rightfully rest on the beads
of the assailants.
Apart from the execution of the laws, so far ns
this may be practicable, the Executive has no an
tliority to decide what shall bo the relation be
tween the Federal Government and South Caro
lina. lie has been invested with no such discre
tion. He possesses no power to change tho rela
tions heretofore existing between them, much
loss, to acknowledge the independence of that
State. This would be to invest a mere Executive
officer with the power of recognising the dissolu
tion of the Confederacy among our thirty-three
sovereign States, it bears no resemblance to the
recognition of a foreign de facto government, in
volving no such responsibility. Any attempt to
do this would, on his part, be a naked act of usur
pation. It is, therefore, my duty to submit to
Congress the whole question in all its bearings.
The course of events is so rapidly hastening for
ward, that the emergency may soon arise, when
you may be called upon to and oido the momentous
question whether you possess the power, by force
of arms, to compel a State to remain in the Union.
I should feel myself recreant to my duty, were I
not to express an opinion on this important sub
ject.
The question fairly stated is : Has the Constitu
tion delegated to Congress the power to coerce a
State into submission which is attempting to with
draw or has actually withdrawn from the Confed
eracy? If answered in the affirmative, it must ha
on the principle that the power has been conferred
upon Congress to declare and to make war against
a State. After much serious reflection, I have
arrived at the conclusion that no such power lihh
been delegated to Congress, or to any other de
partment of the Federal Government. It is man
ifest, upon an inspection of the Constitution, that
this is not among the specific and enumerated
powers granted to Congress; and it is equally
apparent that its exercise is not “necessary and
proper for carrying into execution” any one of
these powers. So far from this power having
been delegated to Congress, it was expressly re
fused by the Convention which framed the Consti
tution.
It appears, from the proceedings of that body,
that on the 31st of_May, 1787, the clause of
tho Constitution “ authorizing an exertion of
the force of the whole against a delinquent Slat< ,”
came up for consideration. Mr. Madison opposed
it in a brief but powerful speech, from which I
shall extract but a single sentence. He observed :
“The use of force against a State would look more
like a declarat ion of wav t han an infliction of pun
ishment. ; and would probably bo considered by
the party attacked as a dissolution of all previous
compacts by which it might bo bound.” Upon
bis motion the clause was unanimously postponed,
and was never, I believe, again presented. Soon
afterwards, on the Bth June, 1787. when inciden
tally adverting to the subject, lie said - “Any
Government for the United States, formed on the
supposed practicability of using force against the
unconstitutional proceedings of the States, would
prove as visionary and fallacious as tho govern
ment of Congress,” evidently meaning the then
existing Congress of the old Confederation.
Without descending to particulars, it mny be
safely asserted, that tho power to make war
against a State is at. variance with the whole spirit
ami intent of the Constitution. Suppose such a
war should result in the conquest of a State, how
are wo to govern it, afterwards V Shall we hold it
as a province, and govern it by despotic power ?
In the nature of things wo could not, by physical
force, control the wifi of tho people, aim compel
them to elect Senators and Representatives to
Congress, and to perforin all the other duties de
pending upon their own volition, and required
from tho free citizens of a free State as a constitu
ent member of tiie Confederacy.
But, if wo possessed this power, would it be
wise to exercise it under existing circumstances ?
The object would doubtless lie to preserve tho
Union. War would not only present the most ef
fectual moans of destroying if, but would banish
all hope of its peaceable reconstruction. Besides,
in the fraternal conflict, a vast amount of blood
and treasure would bo expended, rendering fu
ture reconciliation between tho States impossible.
In the meantime, who can foretell what would be
the sufferings and privations of the people during
its existence ?
The fact is, that our Union rests upon public
opinion, and can never be cemented by the blood
of its citizens shed in civil war. If it cannot live
in the affections of the people, it must one day
perish. Congress possesses many means of pre
serving it by conciliation ; but the sword was noj
placed in their hand to preserve it by force.
But may I be permitted solemnly to invoke my
countrymen to pause and deliberate before they
determine to destroy this, the grandest temple
which has ever been dedicated to human freedom
since the world began ? It has been consecrated
by the blood of our fathers, by the glories of the ■
past and by the hopes of the future. The Union
has already made us tho most prosperous and, ere
long, will, if preserved, render us the most pow
erful nation on the fac# of the earth. In every
foreign region of the globe the title of Anfcrican
citizen is held in the highest respect, and when
pronounced in a foreign land it causes the hearts
of our countrymen to swell witli honest pride.
Purely, when we reach the brink of the yawning
abyso wo shall recoil with horror from the last
lata! plunge. 1{ V 3Uc h a dread catasfropho the
hopes of the fneno* of freedom throughout the
world would be destroyed, and n long night of
leaden despotism would enshroud the uations.
Our example for more than eighty years would
not only be lost, but it would be quoted as a con
clusive proof that man is unfit for self-govern
ment.
It is not every wrong—nay, it is not every
grievous wrong—which can justify a resort to
Buch a fearful alternative. This ought to be the
last desperate remedyof a despairingjpeople, after
every other constitutional means of conciliation
has been exhausted. We should reflect that un
der this free Government there is an incessant
ebb and flow in public opinion. Tho slavery ques
tion, like everything human, will have its day. I
firmly believe that it has already reached and
passed tho culminating point. But if, in tho
midst of the existing excitement, the Union shall
gerish, the evil may then become irreparable.
ongress can contribute much to avert it by pro ■
posing and recommending to the legislatures of
tiie several States the remedy for existing evils,
which the Constitution has itself provided for its
own preservation.
This has been tiied at different critical periods
of our history, and always with eminent’ success.
It is to be found in the sth article providing for
its own amendment, Under this article amend
ments have been proposed by two-thirds of both
Houses of Congress, and have been “ratified by
tho Legislatures of three-fourths of the several
States,” and have consequently become parts of
the Constitution. To this process the country is
indebted for the clause prohibiting Congress from
passing any law respecting an establishment of
religion, or abridging the freedom of speech or of
tho press, or of the right of petition. To this wo
are, also, indebted for tho Bill of Rights, which
secures tho peoplo against any abuse of power by
the Federal Government. Buch were tho appre
hensions justly entertained by tho friends of State
Rights at that period as to havo rendered it ex
tremely doubtful whether the Constitution could
havelong survived without these amendments.
Again, the Constitution was amended by the
samo process afier tho election of I'resident Jef
ferson by the House of Rcprescnsatives. in Feb
ruary, 1803. This amendment was rendered ne
cessary to prevent a recurrence of the dangers
which had seriously threatened the existence of
tho Government during the pendency of that
election. The article for its own amendment was
intended to secure the amicable adjustment of
conflicting constitutional questions like the pres
ent, which might arise between the governments
of the States and that of the United States. This
appears from contemporaneous history. In this
connection, I shall merely call attention to a few
sentences in Mr. Madison’s justly celebrated ro
port, in 1799, to tho Legislature of Virginia. In
this lie ahly and conclusively defended the reso
lutions of the preceding Legislature against the
strictures of several other State Legislatures.
These wi re mainly founded upon the protest of
the Virginia Legislature against tho “Alien and
Sedition Acts,” as “palpable and alarming in
fractions of the Constitution.” In pointing out
the peaceful and constitutional remedies, and he
referred to none other, to which the States were
authorized to resort, on such occasions, he con
cludes by saying, “that the legislatures of the
States might have made a direct representation
to Congress with a view to obtain a rescinding of
tho two offensive acts, or they might have repre
sented to their respective Senators in Congress
their wish that two-thirds thereof would proposo
an explanatory amendment to tho Constitution,
or two-thirds ot themselves, if such had been
their option, might, by an application to Con
gress, have obtained a Convention for the same
object.”
This is the very course which I earnestly recom
mend in order to obtain an “explanatory amend
ment” of the Constitution on the subject of sla
very. This might originate with Congress or the
State Legislatures, as may be deemed most advisa
ble to attain the object.
1 lie explanatory amendment might be confined
to tho final settlement of the true construction of
tiie Constitution on threo special points :
1. An express recognition of tho right, of pro
perty in staves in the States whore it now exists
or may hereafter exist.
2. The duty of protecting this right iu all the
common Territories throughout their territorial
existence, and until they shall bo admitted as
States into the .Union, with or without slavery as
tbeir Constitutions may prescribe.
3. A like recognition of the right, of tho master
to hat o his slave, who lias escaped from one State
to another, restored and “delivered” up to him,
and of tiie validity of the fugitive slave law enact
ed for this purpose, togethe r with a declaration
that all State laws impairing or defeating this
right, arc 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 tin* Su
premo 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 from agitation and admit its
binding force until clearly established by the peo
plo ot the several States in their sovereign charac
ter. Such an explanatory amendment would, it
is believed, torever terminate the existing dissen
sions, and restore peace and harmony among
the States.
It ought not to be doubted that such an appeal to
the arbitrament established by the Constitution
itself would be rnceived with favor by all the
States ot the Confederacy. In any event it ought
to be tried in a spirit, of conciliation before any
ot these States shall separate themselves from
the Union.
When I entered upon tho duties of the Presi
dential olhcc, the aspect neither of our foreign
nor domestic ail airs was at all satisfactory. We
were involved in dangerous complications with
several nations, and two of our Territories were
in a stato of revolution against ihe Government.
A restoration of the African slave trade had nu
merous and powerful advocates. Unlawful mili
tary expeditions were countenanced by many of
our citizens, and were suffered in defiance of the
efforts of tho Government, to escape from our
shores, for tho purpose of making war upon the
unoffending people ot neighboring Republics with
whom we were at peace.
In addition to these and other difficulties, we
experienced a revulsion in monetary affairs, soon
alter my advent to power, of unexampled severi
ty and of ruuious consequences to all the great
interests of the country. When we take a retro
spect ot what was then our condition and con
trast this with its material prosperity at the time
ot the late Presidential election, wo have abun
dant n asm to return our grateful thanks to that
merciful Providence which has never forsaken us
as a nation in all our past trials.
OITU FOREIGN RELATIONS—GREAT BRITAIN.
Our relations with Great Britain are of the
most, friendly character. Smce tho commence
ment, ot my Administration, the two dangerous
questions, arising from the Clayton and lhilwer
treaty, and from the right of search claimed by
tbo British Government, have been amicably and
honorably adjusted.
The discordant const ructions of tho Cftyton
and Bulwer treaty between the two Governments,
which, at different periods of tho discussion bore
a threatening aspect, have resulted in a final set
tlement, entirely satisfactory to this Government.
In my last annual message, 1 informed Congress
that the British Government hud not then “ com
pleted treaty arrangements with the Republics of
Honduras and Nicaragua, in pursuance ot the un
derstanding between ihe two Governments. Jt is
nevertheless confidently expected that this good
work will ere long be accomplished.” This confi
dent expectation lias since been fulfilled. Her
Britannic Majesty concluded a treaty with Hondu
ras on the 28th November, Is.VJ, and with Nicara
gua on the 28th August, 1800, relinquishing the
Mosquito protectorate. Besides, by the former,
the Bay Islands are recognized as a part of the
Republic of Honduras. It may bo observed that
the stipulations of those treaties conform in every
important particular to the amendments adopted
by the Senate of the United Slates to the treaty
concluded at, London on the 17th October, 1853,
between tho two Governments. It will be recol
lected that this treaty was rejected by the British
Government bocuuso of its objection to the just,
and important, amendment of the Senate to tho
article relating to tho Ruatun and other Islands in
t ie Bay of Honduras.
It must be a source of sincere satisfaction to
all classes of our fellow-citizens, and especially to
those engaged in foreign commerce, that the
claim, on tho part of Great Britain, forcibly to
visit and search Amei icau merchant vessels on
tlio high seas in time of peace, has been abandon
ed. This was by far the most dangerous question
to the peace of the two countries which has|existed
since the war of 1812. 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 the
entire country, produced by the forcible search of
American merchant vessels by British cruisers on
the coast of Cuba, in ll* Spring of 1858. Tho
American people hailed with general acclaim the
orders of the Secretary of the Navy to onr naval
force in tho Gulf of Mexico, “to protect all ves
sels of tfie United States on the high seas from
search or detention by vesstls-of-war of any
other nation.” These orders might have produced
an immediate collision between tho naval forces
of tho two countries. Tnis was most fortunately
prevented by an appeal to the justice of Great
Britain and to the law of nations as expounded
by her own most eminent jurists.
The only question of any importance which still
remains open is.lho disputed title between the
two Governments to the island of San Juan, in the
vicinity of Washington Territory. As this question
is still under negotiation, it is not deemed advis
able at the present moment to make any other
allusion to the subject.
The repent visit of the Prince of Wales, in a pri
vate character, to the people of this country, has
proved to be a most auspicious event. In its con
sequences, it cannot fail to increase the kindred
ami kindly feelings which I trust may ever actuate
.the Government und people of both countries in
their political and social intercourse with each
other.
FRANCE.
With France, our ancient and powerful ally,
our relations continue to be of the most friendly
character. A decision has recently been made by
a French judicial tribunal, with the approbation
of the Imperial Government, which cannot fail to
foster the sentiments of mutual regard that have
so long existed between the two countries. Un
der the French law no person can serve in tho
armies of France unless ne he a French citizen.
The law of France recognizing the natural right
of expatriation, it follows as a necessary conse
quence that a Frenchman, by the fact of having
become a citizen of the United States, has changed
his allegiance and has lost his native character.
He cannot, therefore, he compelled to serve in the
Frcuch armies, in case he should return to bis ua
tive country. These principles,were announced
in 1852 by the French Minister ot’ War, and in
two late cases have been confirmed by the French
judiciary. In these, two natives of France have
been discharged from the French army because
they had become American citizens. r l’o employ
the language of our present Minister to France,
who has rendered good service on this occasion,
“I do not think our French naturalized fellow
citizens will hereafter experience much annoyance
on this subject.” I venturo to predict that tho
time is not far distant when the other continental
powers will adopt the same wise and just policy
which has done so much honor to the enlightened
Government of tho Emperor. In any event, our
Government is bound to protect the rights of our
naturalized citizens everywhere to the same ex
tent as though they had drawn their first breath
in this country. We can recognize no distinction
between our native and naturalized citizens.
RUSSIA.
Between the great empire of Russia and tho
United States the mutual friendship and regard
which has so long existed still continues to pre
vail, and, if possible, to increase. Indeed, our
relations with that Empire are all that wo could
desiro.
SPAIN.
Our relations with Spain are now of a more
complicated though less dangerous character than
they have been for many years. Our citizens
have long hold, and continue to hold, numerous
claims against the Spanish Government. These
had been ably urged for a series of years by our
successive diplomatic Representatives at Madrid,
but withoot obtaining redress. The Spanish gov
ernment finally agreed to institute a joint commis
sion for tho adjustment of these claims, and on
tho sth day of March, 1860, concluded a Conven
tion for this purposo with our present minister at
Madrid. Under this Convention, what hawc been
denominated “the Cuban claims,” amounting to
$128,635 and 54 cents, in which more than one
hundred of our fellow-citizens are interested,
were recognized, and tho Spanish government
agreed to pay SIOO,OOO of this amount “within
three months following the exchange of ratifica
tions.” Tho payment of tho remaining $28,635.54
was to await the decision of the Commissioners
for or against “the Armistad claim but in any
event the bahuico was to bo paid to tbe claimants
either by Spain or the United States. These
terms I have every reason to know aro highly
satisfactory to tho holders of the Cuban claims.
Indeed, they have inade a formal oiler authorising
the State Department to settle these claims, and
to deduct the amount of the Armistad claim from
the sums which they aro entitled to receive irom
Spain. Tiiis offer, of course, cannot be accepted.
All other claims of citizens of the United States
against Spain, or of subjects of the Queen of
Spain against the United States, including the
“Armistad claim,” were by this Convention re
ferred to a Board of Commissioners in the usual
form. Neither tho raldiity of the Armistad claim
nor of any other claim against either party, with
the single exception of the Cuban claims, was
recognized by the Convention. Indeed, the Spa
nish Government did not insist that the validity ot
tho Armistad claim should be thus recognised, not
withstanding its payment had been recommended
to Congress by two of my predecessors as well as
bv myself, an-'; an appropriation for that purpose
had passed Semite ot the United States. They
were content that it should be submitted to the
Board for c.\ unination and decision, like the other
claims. Both Governments were bound respec
tively to pay tho amounrs awarded to the several
claimants ‘hit-such times and places as may be
fixed by and according to the tenor ot said
awards.”
1 transmitted this Convention to the Senate for
their Constitutional action on the 3d ot May, iB6O,
and on the 27th of the succeeding June they deter
mined that they would “not advise and consent’
to its ratification.
These proceedings placo our relations with
Spain in an awkward and embarrassing position.
It is more than probable that tho final adjustment
of these claims will devolve upon my successor.
I reiterate the recommendation contained in
my Annual Message of December, 1858, and re
peated in that of December, 1859, in favor of the
acquisition of Cuba from Spain by fair purchase.
I firmly believe that such an acquisition would
contribute essentially to the well being and pros
perity of both countries in all future time as well
as prove the certain means of immediately abol
ishing the African Slave Trade throughout the
world. 1 would not repeat the recommendation
upon the present occasion, if I believed that the
transfer of Cuba to tho United States, upon con
ditions highly favorable to Spain, could justly
tarnish the national honor of tho proud and an
cient Spanish Monarchy. Surely no person ever
attributed to the first Napoleon a disregard of the
national honor of France, for tranlerring Louis
iana to tho United States for a lair equivalent,
both in money and commercial advantages.
AUSTRIA, Ac.
With the Emperor of Austria, and tho remain
ing continental powers of Europe, including that
of the Sultan, our relations continue to he ot the
most friendly character.
CHINA.
The friendly and peaceful policy pursued by the
Government of the United States towards the
Emperor of China has produced the most satis
factory results. Tho treaty of Tientsin of the
18th of June, 1858, has been faithfully observed
by the Chinese authorities. The Convention of
the Bth November, 1858, supplementary to this
treaty, for the adjustment and satisfaction of the
claims of our citizens on China, referred to in mj r
last Annual Message, has been already carried
into effect, so far as this was practicable.
Under this Convention, the sum of 500,000 taels,
equal to about $700,000, was stipulated to be paid
in satisfaction of tho claims of American citizens,
out of tle one-fifth of the receipts for tonnage, im
port, and export duties on American vessels at
thejportsof Canton, Shanghaeand Fuchau ; and it
was “agreed that this amount shall be in lull li
quidation of all claims of American citizens at the
various ports to this date.” Debentures for this
amount, to wit : 300,000 taels for Canton, 100,000
for Slianghae, and 100,000 for Fuchau—were de
livered according to the terms of the Convention
by the respective Chinese collectors of the cus
toms of these ports, to the agent selected by our
minister to receive the same.
Since that time the claims of our citizens have
been adjusted by the Board of Commissioners ap
pointed for that purpose under the Act of March
3, 1559, and their awards (which proved satis
factory to the claimants, have been approved by
our Minister. In the aggregate they amount to
the sum of $498,694.78. The claimants have al
ready received a largo proportion of tho sums
awarded to them out of the fund provided, and
it Is confidently expected that the remainder will
ere long bo entirely paid. After the awards shall
have been satisfied, there will remain a surplus of
more than $200,000 at the disposition of Congress.
As this will In equity belong to the Chinese Gov
ernment, would not justice require its appropria
tion to some benevolent object in which the Chi
nese may he specially interested ?
Our Minister to China, in obedience to his in
structions, has remained perfectly neutral be
tween Great Britain and France and the Chinese
Empire; although, in conjunction with the Rus
sian Minister, he was ever ready ami willing, had
the opportunity offered, to employ his good offices
in restoring peace between lhe parties. It ts but
tin act of simple justice, both to our present Minis
ter and his predecessor, to state, that they have
proved fully equal to the delicate, trying and ro
sponsible positions m which they have on dido
rent occasions been placed.
JAPAN.
The ratifications of the treaty with Japan con
cluded at Yedo, on the 2!)th July, 1858, were ex
changed at Washington on the 22(1 May last, and
the treaty itself was proclaimed on the succeed
ing day. There is good reason to expect that,
under its protection and influence, our trade and
intercourse with that distant and interesting peo
ple will rapidly increase.
The ratifications of the treaty were exchanged
with unusual solemnity. For this purpose the
Tycoon had accredited three of his most distin
guished subjects as envoys extraordinary and
ministers plenipotentiary, who were received and
treated w ith marked distinction and kindness both
by the Government and people of the United
States. There is every reason to believe that they
have returned to their native land entirely satis
fied with their visit, and inspired by the most
friendly feelings for our country. Lot us ardent
ly hope, in the language of the treaty itself, that
“there shall henceforth bo perpotual peace and
friendship between tho United States of America
and his Majesty tho Tycoon of Japan and his
successors.”
BRAZIL.
With the wise, conservative, and liberal gov
ernment of the empire of Brazil, our relations
continue to be of the most amicable charactor.
NEW GRANADA.
The exchange of the ratifications of tho Con
vention with the Republic of New Granada, signed
at Washington on ttio 10th of September, 1857,
has been long delayed from accidental causes, for
which neither party is censurable. These ratifi
cations were duly exchanged in this city on tho
sth of November last. Tims has a controversy
been amicably terminated, which had becorno so
act ions at the period of my inauguration as to re
quire mo, on the 17th of April, 1857, to direct our
Minister to demand his passports and return to
the United States.
Under this Convention tho Government of Now
Granada has specially acknowledged itself to be
responsible to our citizens “for damages which
were caused by the riot at Panama on the 15th of
April, 1856.” These claims, together with other
claims of our citizens which had been long urged
in vam, arc referred for adjustment to a Boon! of
Commissioners. I submit a copy of the Conven
tion to Congress, and recommend the legislation
necessary to carry it into effect.
COSTA RICA ANI> NICARAGUA.
Persevering efforts have been made for the ad
justment of the claims of American citizeus against
the government of Costarica, and I am happy to
inform you that these have finally prevailed. A
Convention was signed at the city of San Jose, on
the 2d of July last, between the minister resident
of thg United States in Costa Rica and the pleni
potentiaries of that Republic, referring these
cluims to a board of commissioners, and providing
for the payment of their awards. This Conven
tion will be submitted immediately to the Senate
for their Constitutional action.
The claims of our citizens upon tho Republic of
Nicaragua have not yet been provided for by
treaty, although diligent efforts for this purpose
have been made by our minister resident to that
Republic.
MEXICO.
Our relations with Mexico remain in a most un
satisfactory condition. In my last two annual
messages 1 discussed extensively the subject of
these relations, and do not now propose to repeat
at length the facts and arguments then presented.
They proved conclusively that our citizens resid
ing in Mexico and our merchants trading thereto
had suffered a series of wrongs and outrages such
as we have never patiently borne from any other
nation. For these our successive ministers, invok
ing the faith of treaties, had, in the name of their
country, persisteutly demanded redress and in
demnification, but without tho slightest effect. —
Indeed, so confident had tho Mexican authorities
become of our patient endurance, that they uni
versally believed they might commit theso out
rages upon American citizens with absolute im
punity. Thus wrote our Ministcrin 1856, and ex
pressed the opinion that “nothing but a manifes
tation of the power of the Government, and of its
purposo to punish will avail.”
Afterwards, in 1857, came the adoption of anew
Constitution for Mexico, tho election of a Presi
dent and Congress under its provisions, and the
inauguration of the President. Within one short
month, however, this President was expelled from
the capital by a rebellion in the army, and the su
preme power of the Republic was assigned to
General Zuloaga. This usurper was in liis turn
soon compelled to retire and give placo to Gener
al Miramon.
Under the Constitution which had thus been
adopted, Senor Juarez, as Chief justice of the Su
preme Court, became the lawful President of the
Republic, and it was for the maintenance of the
Constitution and his authority derived from it that
tho civil war commenced, and still continues to
be prosecuted.
Throughout the year 1858 tho Constitutional
party grew stronger and stronger. In the pre
vious history of Mexico a successful military rev
olution at the capital had almost universally been
the signal for submission throughout the Repub
lic. Not so on the present occasion. A majority
of tho citizens persistently sustained the Consti
tutional Government. When this was recognised
in April, 1859, by the Government of United
States, its authority extended over a large major
ity of the Mexican States and people, including
\ era Cruz and ull the other important seaports of
the Republic. From that period our commerce
with Mexico began to revive, and the Constitu
tional Government has afforded it ail the protec
tion in their power.
Meanwhile, tho Government of Miramon still
held sway at the capital and over the surrounding
country, and continued its outrages against the
few American citizens who still had the courage
to remain within its power. To cap the climax : -
After the battle of Tacnbaya, in April, 1859, Gen.
Marquez ordered three citizens of the United
States, two of them physicians, to be seized in the
hospital at that place, taken out and shot, without
crime and without trial. This was done, notwith
standing our unfortunate countrymen were at the
moment engaged in the holy cause of affording
relief to the soldiers of both parties who had been
wounded in the battle, without making any dis
tinction between them.
The time had arrived, in my opinion, when this
Government was bound to exert its power to
avenge and redress the wrongs of our citizens,
and to afford them protection in Mexico. The
interposing obstacle was that the portion of the
country under the sway of Miramon could not be
reached without passing over territory under the
jurisdiction of the Constitutional Government.
Under these circumstances, I deemed it my duty
to recommend to Congress, in my last annual mes
sage, the employment of a sufficient military force
to penetrate into the inter .or, where the Govern
ment of Miramon was to be found, with, or, if
need be, without the consent of the Juarez Go
vernment, though it was not doubted that this
consent could be obtained. Never have I bad a
clearer conviction on any subject than of the jus
tice as well as wisdom of such a policy. No other
alternative was left, except the entire abandon
ment of our fellow citizens who had gone to
Mexico, under the faith of treaties, to the system
atic injustice, cruelty and oppression of Miramon’s
Government. Besides, it is almost certain that
tho simple authority to employ this force would
of itself have accomplished all our objects without
striking a single blow. The Constitutional Go
vernment would then, ere this, have been estab-
lished at the City of Mexico, and would have been
ready and willing, to the extent of its ability, to
do us justice.
In addition—and I deem this a most important
consideration—European governments would have
been deprived of all pretext to interfere in tlie
territorial and domestic concerns of Mexico. We
should thus have been relieved from the obliga
tion of resisting, even by force, should this become
necessary, any attempt by these governments to
deprive our neighboring Republic of portions of
her territory; a duty from which we could not
shrink without abandoning tho traditional unrl
established policy of the American people. I am
happy to observe, that, firmly relying upon the
justice and good faith of these governments, there
is no present danger that such a contingency will
happen.
Having discovered that my recornendations
would not be sustained bv Congress, the next
alternative was to accomplish, in some degree, if
posible, the same objects by treaty stipulations
with the Constitutional Government, .Such trea
ties were accordingly concluded by our lute able
and excellent Minister to Mexico, and on the 4th
January last were submitted to the Senate for
ratification. As these have not yet received
tho final action of that body, it would be improper
for me to present a detailed statement of their
provisions. Still I may bo permitted to express
the opinion in advance that they are calculated to
promote the agricultural, manufacturing and com
mercial interests of the country, and to secure
our just influence with an adjoining Republic, as
to whose fortunes and fate we can never feel in
different ; whilst at the same time they provide
for the payment of a considerable amount to
wards the satisfaction of the claims of our injured
follow-citizens.
KANSAS AND UTAH.
At the period of my inauguration I was con
fronted in Kansas by a revolutionary government,
existing under what is called the Topeka Consti
tution. Its avowed object was to subdue the
territorial government by force, and to inaugurate
what was called the Topeka government in its
stead. To accomplish this object-, an extensive
military organization was formed, and its com
mand entrusted to the most violent revolutionary
leaders. Under these circumstances, it became
my imperative duty to exert the whole constitu
tional power of the Executive to prevent the
flames of civil war from again raging in Kansas,
which, in the excited state of the public mind,
both North and South, might have extended into
the neighboring States.
The hostile parties in Kansas bad been inflamed
against each other by emissaries both from the
North and the South, to a degree of malignity
without parrallel in our history. To prevent ac
tual collision, and to assist the civil magistrates
in enforcing the laws, a strong detachmeut of the
army was stationed in the Territory, ready to aid
the marshal and his deputies, when lawlully call
ed upon, as a posse comitatus iu the execution of
civil and criminal process.
Still, the troubles in Kansas could not have
been permanently settled without an election by
the people. Tho ballot-box is the surest arbiter
of disputes among freemen- Under this convic
tion, every proper effort was employed to induce
the hostile parties to vote at the election of dele
gates to frame a State Constitution, and after
wards at the election to decide whether Kansas
should he a slave or a free fState. The insurgent
party refused to vote at either, lest this might be
considered a recognition on their part of the ter
ritorial government established by Congress. A
better spirit, however, seemed soon after to pre
vail, and the two parties met face to fact at tlie
third election, held on the first Monday of Janu
ary, 1858, for members of the Legislature and
State officers under the Lecompton Constitution.
The result was the triumph of the anti-slavery
party at the polls. This decision of the ballot box
proved clearly that this party were in the majori
ty, and removed tho danger of civil war. From
that time wo have heard little or nothing of the
Topeka government; and all serious danger of re
volutionary troubles in Kausas was thou at an
end.
Tho Lecompton constitution, which had boen
thus recognised at this State election by the votes
of both political parties in Kansas, was transmit
ted to mo with the request that I should present
it to Congress. This I could not have refused to
do without violating my clearest and strongest
convictions of duty. The Constitution, and all
the proceedings which preceded and followed its
formation, were fair and regular on their face.—
I then believed, and experience lias proved, that
the interests of the people of Kansas would have
been best consulted by its admission as a State
into tho Union, especially as the majority, within
a brief period, could have amended the Constitu
tion according to their will and pleasure. If
fraud existed in all or any of the proceedings, it
was not for the President, but for Congress, to
investigate and determine the question of fraud,
and what ought to he its consequences. If, at the
two first elections, the majority refused to vote,
it cannot be pretended that this refusal to exer
ciso the elective franchise could invalidate an
election fairly held under lawful authority, even
if they had not subsequently voted at the third
election. It is true that the whole Constitution
had not been submitted to the people, as I al
ways desired; but tho precedents arc numerous
of the admission of States into tho Union without
such submission.
It would not comport with my present purpose
to review the proceedings of Congress upon the
Lecompton Constitution. It is sufficient to ob
serve that their final action lias removed the last
vestige of serious revolutionary troubles. The
desperate band recently assembled, under a no
torious’outlaw, in the Southern portion of tho
Territory, to resist tho execution of the laws and
to plunder peaceful citizens, will, I doubt not, be
speedily subdued and brought to justice.
Ilad I treated tho Lecompton Constitution as a
nullity, and refused to transmit it to Congress, it
is not difficult to imagine, whilst recalling the po
sition of tho country at that moment, what would
have been the disastrous consequences both in and
out of tho Territory from such a dereliction of
duty on the part of tho Executive.
Peace lias also been restored within the Terri
tory of Utah, which at the commencement of my
Administration, was in a state of open rebellion.
This was the more dangerous, as the people, ani
mated by a fanatical spirit and entrenched within
their distant mountain fastnesses, might have
made a long and formidable resistance. Cost
what it might, it was necessary to bring them in
to subjection to the Constitution and the laws.
Sound policy therefore, as well as humanity, re
quired that this object should, if possible, be ac
complished without effusion of blood. This could
only be effected by sending a military force into
the Territory sufficiently strong to convince tho
people that resistance would be hopeless, and at
the sumo time to otter them a pardon for past of
feuces on condition of immediate submission to
the Government, This policy was pursued with
eminent success ; and the only cause for regret is
the heavy expenditure required to march a large
detachment of the army to that remote region and
to furnish it subsistence. Utah is now compara
tively peaceful and quiet, and the military force
has been withdrawn, except that portion of it ne
cessary to keep the Indians in check and to pro
tect the emigrant trains on their way to oor Paci
fic possessions.
FINANCK9.
In my first annual Message I promised to em
ploy my best exertions, in co-operation with Con
gress, to reduce the expenditures of the Govern
ment within tho limits of ft wise’ and judicious
economy. An overflowing treasury had produc
ed habits of prodigality and extravagance which
could only be gradually corrected. The work re
quired both time and patience. I applied myself
diligently to this task from tho beginning, and
was aided by the able and energetic efforts of the
heads of the different Executive 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 expenditure necessarily incurred
in the Utah expedition, and the very large amount
of the contingent expenses of Congress during
this period. These greatly exceeded the pay anil
mileage of the members. For the year ending
20th June, 1858, whilst the pay and mileage
amounted to $1,480,214, the contingent expenses
rose to $2,093,309.76, and for the year ending.3oth
June, 1859, whilst tho pay and mileage amounted
to $859,093.66, the contingent expenses amounted
to $1,431,565.78. I am happv, however, to be able
to inform you that during tho last fiscal year end
ing on the 30th June, 1860, the total expenditures
of the Government in all its brances—legislative,
executive and judicial—exclusive of the public
debt, were reduced to the sum of $55,402,465.46.
This conclusively appears from the books of the
Treasury. In the year ending on the 30th June,
1858, the total expenditure, exclusive of the pub
lic debt, amounted to $71,901,129.77, and that for
the year ending 30th .Tune, 1859, to $66,346,226.13.
Whilst the books of the Treasury show an actual
expenditure of $59,848,474.72 for the year ending
on the 30th June, 1860, including $1,040,667.71 for
tho contingent expenses of Congress, there must
be deducted from this amount tho sum of $4,296,-
009.26, with the interest upon it of $150,000, ap
propriated by the Act of loth February, 1860,
“for the purpose of supplying the deficiency in
the revenues and defraying the expense of the
Postoffice Department ior the year ending the
20th of June, 1859.” This sum, therefore, justly
chargeable to the year 1858, must bo deducted
from the sum of $59,848,474.72, in order to ascer
tain the expenditure for the year ending on the
30th June, 1860, which leaves a balance for the
expenditures of that year of $55,402,465.46. The
interest on the public debt, including Treasury
note# for the same fiscal year ending on the 30th
June, 1860, amounted to $3,177,314.62, which,
added to the above sum of $55,402,465.46, makes
the aggregate of $58,579,780.08.
It ought in justice to be observed that several
of the estimates from the departments for the year
ending 30th June, 1860, were reduced by Congress
below what was and still is deemed compatible
with the public interest. Allowing a liberal mar
gin of $2,500,000 for this reduction, and for other
causes, it may be safely asserted that the sum of
$61,000,000, or at the most $62,000,000, is amply
sufficient to administer the government, and to
pay the interest on the public debt, unless con
tingent events should hereafter render extraor
dinary expenditures necessary.
This result has been attained in a considerable
degree by the care exercised by the appropriate de
partments in entering into public contracts. I have
myself never interfered with the award of any such
contract except in a single case, with tbe Coloni
zation Society, deeming it advisable to cast the
whole responsibility in each case on the proper
head of the department, with th# general instruc
tion that these contracts should always be given
to the lowest and best bidder. It has ever been
my opinion that public contracts are not a legiti
mate sonree of patronage, to be conferred upon
personal or political favorites ; bnt that, in all
such cases, public officer is bound t© act for the
Government as a prudent individual would act for
himself.
AFRICAN SLAVE TRADE, &C.
It is with great satisfaction I communicate the
fact, that, since the date of my last Annual Mes
sage, not a single slave has been imported into
the United States in violation of the laws prohib
iting the African slave trade. This statement is
founded upon a thorough examination and inves
tigation of the subject. Indeed, the spirit which
f (revailed some time since among a portion of onr
ellow-citizens in tfavorj of this trade seems to
have entirely subsided.
I also congratulate you upon the public senti
ment which now exists against the crime of set
ting on foot military expeditions within the limits
of the United States, to proceed from thence and
make war upon the people of unoffending States,
with whom we are at peace. In this respect, a
happy change has been effected since the com
mencement of my Administration. It surely
ought to be the prayer of every Christian and pa
triot, that such expeditions may never again re
ceive countenance in our country” or depart from
our shore.
It would be a useless repetition to do more ffian
refer, with earnest commendation to my former
recommendations in favor of the Pacific Railroad
—of the grant of power to the President to employ
the naval force in the vicinity, for the protection
of the lives and property of our fellow-citizens
passing in transit over the different Central Ame
rican routes, against sudden and lawless out
breaks and depredations; and also to protect
American merchant vessels, their crews and car
goes, against violent and unlawful seizure and
confiscation in the ports of Mexico and the bionth
American Republics, when these may be in a dis
turbed and revolutionary condition. It is my set
tled conviction, that without such a power we do
not afford that protection to those engaged in the
commerce of the country which they have a right
to demand.
ELECTION OF MEMBERS OF CONGRESS.
I again recommend to Congress the passage of
a law in pursuance of the provisions of the Con
stitution, appointing a day certain, previous to
the 4th March, in each year of an odd number,
for the election of Representatives throughout all
’ the States. A similar power has already been ex
ercised, w ith general approbation, in the appoint
ment of the same day throughout the Union for
holding the election of Electors for President and
Vico President of the United States. My atten
tion was earnestly directed to this subject from
the fact, that the 55th Congress terminated on the
3d March, 1850, without making tho necessary ap
propriation for the service of the Postoffice De
partment. I was then forced to consider the best
remedy for this omission, and an immediate call
of the present Congress was the natural resort.
Upon enquiry, however, I ascertained that fifteen
out of the thirty three States composing the Con
federacy were without Representatives, and that,
consequently, these fifteen States would be dis
franchised by such a call. These fifteen States
will be in the same condition on the 4th March
next. Ten of them cannot elect Representatives,
according to existing State laws, until different
periods, extending from the beginning of August
next, until the months of October amlNovember.
In my last message I gave warning that, in a
time of sudden and alarming danger, the salva
tion of our institutions might depend upon the,
{tower of the President immediately to assemble a
full Congress, to meet the emergency.
TARIFF.
It i9 now quite evident that the financial neces
sities of the Government will require a modifica
tion of the TariiTduring your present session, for
the purpose of increasing tho revenue. In this
aspect, I desire to reiterate the recommemhiti< n
contained in my last two annual messages, in fa
vor of imposing specific instead of ad valorem
duties on all imported articles to which these can
be properly applied. From long observation and
experience I am convinced that specific duties arc
necessary, both to protect the revenue and to
secure to our manufacturing interests that amount
of incidental encouragement which unavoidably
results from a revenue tariff - .
As an abstract {imposition, it may bo admitted
that ad valorem duties would, in theory, be the
most just and equal. But if the experience of
this and of all other commercial nations has de
monstrated that such duties cannot be assessed
and collected without great frauds upon the reve
nue, then it is the part of wisdom to resort to
specific duties. Indeed, from the t very nature of
an ad valorem duty, this must be the result. Un
der it the inevitable consequence is, that foreign
goods will be entered at less than their trne
value. The treasury will, therefore, lose the duty
on the difference between their real and fictitious
value, and to this extent we are defrauded.
The temptations which a<l valorem duties pre
sent to a dishonest importer are irresistible. His
object is to pass his goods through the Custom
House at the very lowest valuation necessary to
save them from confiscation. Iu this he too often
succeeds in spite of the vigilance of the revenue
officers. Hence the resort to false invoices, one
for the purchaser and another for the Custom
House, and to other expedients to defraud the
government. The honest, importer produces his
invoice to the collector, stating tho actual price at
which he purchased the articles abroad. Not so
with the dishonest importer and agent of the for
eign manufacturer. And here it may be observed
that a very large proportion of the manufactures
imported from abroad are consigned for sale to
commission merchants who are mere agents em
ployed by the manufacturers. In such case no
actual sale has been made to fix their value.
The foreign manu acturcr, if he be dishonest, prepare* In
voice of ttie goods, not at their actual valua, hut at ■ tne
lowest rate necessary to escape detection. In this mam < > .
dishonest importer and the foreign manufacturer wj)< V
ded advantage over the honest merchant, racy are t n
bled to undersell the fair trader, and drive him ‘ n
ket. In fact, tho operation of this system has ulrtady ■ ■
from the pursuits of honorable commerce mrough
regular and conscientious merchants, whose character, t t
out the world, is the pride of our country. .. i go
The remedy for these evils is to be found in
far as this may be practicable. fheart'icle.
at the Custom House into the actual cost or tame at (aw
and it pays the precise amount ol duty previously „j s
They present no temptations to the aronisen o£
who receive but small salaries, ami might, by uimt r
a few owes, render themselvesi independent. r ,. n motion in
Besides, specific duties best conform to. the rMuwmo
the Constitution that • no preference shall he give >over
ulation of commerce or revenue to the port of oine W r
those of another.” Under our adyalorctn ay*um**eni
enees are to some extent and oon
often been made that the spirit, of this provts on ias l u
ted by a lower appraisement of the same aruaes at one porv
at An°lmp r resßion strangely enough provalls ta he
specific duties are necessarily protectve duUM. O'e her
more, fallacious. <treat Britain glories in free “J’&fcctwl
whole revenue from imports is at the present m ]n this
under a system of specific duties It. is a *tn ISW>,
connection that, in tne commercial treaty provides that
between Franco and Kiigtand, one of the ar , erted Into
the ail valorem duties which it imposes shall o„ •’ :r*’
specific duties within six months from tsuajh f ■ siv nth*
be ascertained by making an average of prna- ... n would he
previous to that time. The reverse of the pro; revenue
nearer the truth, because a much larger aihtx