Newspapers / The Raleigh Register (Raleigh, … / Dec. 8, 1860, edition 1 / Page 2
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..Ah PRESIDENT'S MESSAGE. FeUoio-Citixens of the Senate and Rouse of Representatives: I Throughout the year, since our last meeting, the country has been eminently prosperous in all iu material interests." 4The general health has been excellent; our harvest hare been abundant, and plenty smiles throughout the land. Our com merce and manufactures have been prosecuted with energy and industry, and have yielded fair and ample returnt. In short, no nation in the tide of time has ever presented a spectacle of great er material prosperity than we have done until witbin a very recent period "Whv is it. then, that Aianntnt a siyely prevails, and the Union of the States, which is the source fit all these blessings, is threat ened with destruction ? The lone continued and temperate interference of the Northern people with the question of slavery in the Southern Siates. has at length produced its natural effects. The different sections of the Union are now ar rayed against each other, and the time has arrived, so much dreaded by the Father of His Country, when ThoetiIs i geographical parties havebeen form ed. I have Mag foreseen and often forewarned 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 Territories, nor from the efforts of different States to defeat the execu tion ot toe Fugitive Slave law. All or any of tnese evils might have been endured by the South witbout.danger to the Union, (as others have been,) in the hope that time and reflection might apply the remedy. The immediate peril arises not so much from these causes as from tbe fact that the incessant and violent agitatiomjf the slavery question throughout the North for the hat quar ter of a century, has at length produced its malign influence on the slaves, and inspired them with vague notions of freedom. Hence a sense of se curity no longer exists around the family altar. This feeling of peace at homo 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 rhildrnn before the morning. Should this apprehension of uvuirauv uugr, wuuuier real or imaginary, ex tend and intensify itself until it shall pervade the masses of the Southern people, then disunion will Itecome inevitable. Self-preservation is the first 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 other respects, can long continue, if the necessary consequence be to render the homes and the firesides of near ly half the parties to it habitually and hopelessly insecure. Sooner or later the bonds of such a Union must be severed. It is my conviction that this fatal period has not yet arrived ; and my prayer to God is that He would preserve the Constitution and the Union throughout all generations. But let 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 in cessant. In 1835, pictorial hand-bills and inflam atory appeals were circulated extensively through out the South, of a characterjto excite the passions of the slaves; and, in the. language of Gen. Jack son, to "stimulate them to insurrection, and pro duce all the horrors of a servile war." This agi tation has ever since been continued by the pub lic press ; by the proceedings of State and coun ty 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 distinguished names, have been sent forth from this central point, and spread broadcast over the Union. How easy would it be for the American noo- yo w oeiwo us slavery question iorever, and to restore peace and harmony to this distracted UJUUUJf. They, and they alone can do it All that is ne cessary to accomplish the object, and all for which the slave States nave ever contended, is to be let alone, and permitted to manage their domestic in stitutions in their own way. As sovereign States they, and they alone, are responsible before God and the world for the slavery existing among them. For this, the people of the North are not more responsible, and have no more right to in terfere, than with similar institution in Russia or in Brazil. Upon their good sense and patriotic for bearance, I confess I still greatly rely. Without their aid, it is beyond the power of any President, no matter what may be his own political procliv ities, to restore peace and harmony amon" the States. Wisely limited and restrained as Is his power under our Constitution and laws, he alone ean accomplish but little, for good or evil, on such a momentous question. And this brings me to observe, that the election of any one of our fellow-citizens to the office of "T : l ; a as : a c , iiwiuoui, i uui ouiuueut cause -ior uissoiving the Union . This is more especially true if his elec tion 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 deliberate, pal pable and dangerous exercise" of powers not grant ed by the Constitution. The late Presidential election, however, has been held in strict conform ity with iu express provisions. How, then,- can the result justify a revolution to destroy this' very Constitution? Reason, justice, a regard for the Constitution, all require that weshall wait for some overt and dangerous act on the part of the Presi dent elect before resorting to such a remedy. It Is said, however, that the antecedents of the President elect have been sufficient to justify the fears of the South that he will attempt to invade their constitutional rights. But are such appre hensions of contingent danger in the future suffi cient to justify the immediate destruction of the noblest system of government ever devised by mortals ? From the very nature of his office, and its high responsibilities, he must feeessarily bo conservative. The stern duty of administering the vast and complicated concerns of this govern ment affords, in itself, a guarantee that ho will not attempt any violation of a clear constitutional right After all, he is no more than the chief ex ecutive officer of the government His province is not to make, but to execute, the laws ; and it is a s remarkable fact in our history, that, notwithstan ding the repeated efforts of the anti-slavery party no emgie act nas ever passed Congress, unless we may possibly except the Missouri Compromise, im pairing, in the slightest degree, the rights of the South to their property in slaves. And it may also be observed, judging from present indications 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, under these circumstances, wo ought to be restrained from present action by tbe precept of Him who spake as never man spoke, that " sufficient unto me aay is me ev.i uroreoi. " Tbe day ol evil may uuw uvuiu, uuu no ouBii xoaujjr unng it upon ourselves. 1 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 Terri tories. But by what authority are those denied . Not by Congress.whkh has never passed, and I bol lieve never will pass, any act to exclude slavery from these Territories; and certainly not by the Supreme Court, which has solemnly decided that slaves are property, and, like all other property their owners have a right to take thera into the common Territories, and held them there under the protection of the Constitution. So fai, then, as Congress is concerned the ob jection is not to anything they have already done tat to what they may do hereafter. It wiflwrel v be admitted that this apprehension of future dan ger w do good reason for an immediate dissolution of the Union. It is true that the Territorial Leg islature of Kansas, on the 23d of February, 180 passed, in great haste an act; over the veto of the' Governor, dwlaring that slavery U, and shall be, forever prohibited in this Territory." Such an act, however, plainly violating the right of prop ty secured by the Constitutive, will surely be de clared void by the judiciary wlxw? it shall be presented in a legal form. Only three days after my iuuaxntn&A,, th Su preme Court of the United Sti sfemty ad judged that this power did not exist in a Territo rial 'Legislature. Yet such ha been the fac tious temper of the timet that the correctness of thisjdecuion has been extensively impugned be fore the people, and the question has given rise to angry political conflicts throughout the country. Thoca who havA AnnAaloa from thia indrman our nignest constitutional tnounai to popular as- DnVl: 1 M a.a U . m .. . . i 8re?V5f woa1 they V TerritoriaJ aiKiawrn witn power to annm tne sacrea rights of property. This power Congress is expressly forbidden by the Federal Constitution to exercise. Every State Legislature ia the Union ! forbidden by its own constitution to exercise it It cannot be exercised in any SUM except by the people ia their highest sovereign capacity when framirg or amending their State constitution. In like man ner, it can only be exercised by the people of a Territory represented inn convention of delegates for the purpose of framing a constitution prepar atory to admission as a State into the Union. Then, and not until then, are they inverted, with power to decide the question whether slavery shall or shall not exist within their limits, j This is an act of sovereign authority, and not of subordinate terrritorial legislation. Were it otherwise, than indeed would tbe equality of the States in the Territories be destroyed, and the rights of proper ty in slaves would depend, not upon the guaran tees of the Constitution, but upon the shifting majorities of an irresponsible Territorial Legisla ture. Such a doctrine, from its intrinsic unsound ness, cannot long influence any considerable por tion of our people, much leas can it afford a good reason for a dissolution of the Union. ' . Tbe most palpable violations of constitutional duty which have yet been committed consist in the acts of different State Legislatures to defeat the execution of tbe Fugitive Slave law. It ought to be remembered, ho ever, that for these acta, nei ther Congress nor any President can justly be held responsible. Having been passed in violation of the Federal Constitution, they are, therefore, noli and void. All the courts, both State and national, before whom the question has arisen, have, from the beginnings declared the Fugitive Slave law to be constitutional. The single exception ia that of a State court in Wisconsin ; and this has not only been reversed by the proper appellate tribu nal, but has met with such universal reprobation that there can be no danger from it as a precedent The validity of this law has been established over and over again by the Supreme Court of the U. States with perfect unanimity. . It ia founded upon a'n express provision of the Constitution, requir ing that fugitive slaves who escape from service in one State to another shall be 'delivered up" to their masters. Without this provision, it is a well known historical fact that the Constitution itself could never have been adapted by the Convention. In one form or other under tbe acts of 1793 and 1850, both being substantially the same, the Fu gitive Slave law has been the law of the land from the days of Washington until the present mo ment. Here, then, a clear case is presented, in which it will be the duty of the next President, as it has been my own, to act with vigor in exe cuting this supreme law against the conflicting enactments of State Legislatures. Should he fail in the performance of this high duty, he will then have manifested a disregard of the Constitution and laws, to the great injury of the people of near ly one-half of the States of the Union. . But are we to presume, in advance, that he will thus vio late his duty ? This would be at war with every principle of justice and Christian charity. Lotus wait for the overt act. The Fugitive Slave law has been carried into execution in every contested case since the commencement of the present Ad ministration ; though often it is to be regretted, with great loss and inconvenience to the master, and with considerable expense, to the government. Let us trust that the State Legislatures will repeal their unconstitutional and obnoxious enactments. Unless this shall be done without unnecessary de lay, it is impossible for any human power to save the Union. Tbe Southern States, standing oa tbe basis of the Constitution, have a right to demand this act of justice from the States of the North. Should it bo refused, then the Constitution, to which all the States are parties, will have been wilfully vio lated by one portion of them in a provision essen tial to the domestic security and happiness of the remainder. In that event, the injured States, af ter having first used all peaceful and constitution al means to obtain redress, would be justified in revolutionary resistance to the government of the Union. T hiaVA nurnoRAlv nnnflnl mw pamarlra f - . t F J -- J vnm. va MS lutionary resistance, because it has been claimed, wiwiu mo insk low jrtaarB, taint any Diaie, WQ6D ever this shall be its soverflirrn will anrl n'ataaiiwa mftv secede from It a Union, in atwtrAmnna it! the Constitution, and without any violation of the consuiuuonai ngnis oi ine ovner memDers ol 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 the vote of such a Convention. In order to justify secession as a constitutional remedy, it must be on the principle that the Fed eral ftovprnmnnt ia a. mem voluntary anniaiinn of States, to be dissolved at pleasure by any one oi tne contracting parties, n tnis be so, the ( VinfftHprnv is a rone of nanrl tr ho wnuini J j 1 fva.ottatcu and dissolved by the first adverse wave of public - - - . f i L . c i -r .... opinion iu auy oi uie piaies. in tnis manner our imriy-uiree oiaies may resolve tnemselvee into as many petty, jarring ana nostile republics, each one retiring from the Union without responsibili ty, whenever any sudien excitement might impel them to such a course. By this process a Union might be entire ly broken into fragments in a few weeks, which cost our forefathers many years of toil, privation and blood to establish. Such a principle is wholly inconsistent with the history as well as the character of the Fed eral Constitution. After it was framed, with the greatest deliberation and care, it wassubm it ted to conventions of the people of the several States for ratification. Its provisions wore dis cussed at length in these bodies, composed of the first men of the country. Its opponents con tended that it conferred powers upon the Feder al jGovernment dangerous to the rights of the States, whilst its advocates maintained that un der a fair construction of the instrument there was no foundation for such apprehensions. In that mighty struggle between the first intellects of this or any other country, iL never occurred to any individual, cither amonp; its opponents or advocates, to assert, or even to intimate, that their efforts were all vain labor, because the mo ment that any State felt herself aggrieved she mizht secede from the Union wiiot . ..,i.: fc. i 1 UOUUILT argument would this have proved against those uiiuucu mat iue nguis oi me &tatcs would be endangered by the Constitution. The truth, is, that it was not until many years after the or igin of the Federal Government that such a pro IKJsitionwas first advahced. It was then met and refuted bv thp. roWlnaivn ariri...t r f cral Jackson, who in his message of 16th Janu- arv. 1833. Iransmitt inr. .,iKr-.: . "uui.jtiHg oramance of South Carolina to Congress, employs the fol lowing language : "The right of the people of a single State to absolve themselves at will and without the consent of the other States, fromr tlieir most solemn ohli liberty and happiness of the millions composinc this Union, cannot be acknowledged. Such au thority" is believed to 1p iitbrl i . ., ... .j .putiiiunuoui to the principles upon which the General Gov- ernment is constituted and to the objects whiYh It is not pretended that any clause in the Con stitution gives countenance to such a" theory. It Is altogether founded upon inference, not from any language contained in the 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 inH;ii.i . - . . 1 . iiawu. IV .VJD1U pa portion of its sovereign nghta to secure the re- I moinHn 9 Tat lta 1 - - m r ' e language oi air. .Madison, who has been called thA fathav nf ha r.:..: . . WUIUHIUUII ; "It was formad bv th Ktataa t. i .v. pie in each of the States, acting in their highest sovereign capacity; and formed consequently by tbe same authority which formal tha rv.n stitutions." ; "Nor is the Government of theJUnited Slatee, created by tbe Constitution. 1m the strict sense of the term, within the sphere of its powers, than the governments created by the Constitutions of the States, are within their seve ral spheres. It is. like thmn. islative, executive, and judiciary department. It vp.Mca, us mem, airecuy on persona ana tnines: anil liVat ta a f... 't - J i .' I " --, a aaiaa, a b vuuaaalauiu pOyBlCai force for executing the powers committed to it" It was intended to be perpetual, aod 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 13th articla it i Arimnt Aa.iA v. mt --------- --J -J uwvimcu blast fclltj aU cle of this Confederation shall be inviolably ob- y ?ai, ana me union snail be perpetual." The preamble to the Constitution of the United States, having express reference to the articles of confederation. nniM that it ... ai. lished "in order to form a more perfect anion." a - ion" does not include th. egsenH.t iirrfCu of Ana yet it is contended that this "more perfect perpetuity.' I . But that Jthe Union waa designiii to be perpet, ual appears eoncluaitely front the nature and ex tent of the power eooferred bf the Constitution On the Fetferal GovprnmentJ These jwrers em brace the very highest attributes of national sov ereignty. They place : bothj tha, sword nd the parse under, it controls .Congress ia powett make war, and to make peace; to raise and sup port armies and navies, and to conclude treaties with foreign government. It is invested with the power to soin money, and to regulate the val ue thereof, and to regulate commerce with foreign nations, and among tbe several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Gov ernment.: In order to earrj. the enumerated: poi rs into effect, Congress posses the exclusive right to lay and collect duties cm imports, and in common with the States to lay and collect all other taxes.' . " s s 'But the Constkution has nut only conferred these high powers upon Congress, but it has adopt ed effectual means to restrain the State from in terfering with their exercise. For that purpose it hav in strong prohibitory language, expressly declared that "n State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; mit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law 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. I And "no State shall, without the consent of Congress, lay any duty of tonnage ; keep troops, or ships of war, in time of peace; enter into any agreement or compact with another State, or with a foreign power; or engage in war, unless actually invaded, or in such imminent danirer as will not admit of delay." In order still further to secure the uninterrupt ed exercise of these high powers against Statu in terposition, it is provided. "that this Constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." The solemn sanction of religion has been su peradded to the obligations of official duty, and all senators and representatives of the United States, all members of State legislatures, and all execu tive and judicial officers, "both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution." In order to carry into effect these powers, the Constitution has 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 differs entirely from the 'Government under the old Confederation, which was confined to making requisitions on the States in their sovereign char acter. This left it 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 bar rier, and "in order to form a more perfect Union," to establish a 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 Con stitution, and deriving its authority from the sov ereign people of ach of tho several States, has precisely the same right to exercise its power over the people of all theso States, in the enumerated cases, that each one of them possesses over subjects not delegated to the United States but "reserved to the States, respectively, or to the people." ' To the extent of the delegated powers the Con stitution of the United States is as much a part of . l t . . c i. c . i - . i ' t me iahisuvuiiuii oi cku ouuv, Biiu is wt oiDuing upon its people, as though it had been textual ly inserted therein. This Government, therefore, is a great and pow erful Government, invested with all the attributes 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 de struction, nor were they at its creation guilty of me aosurany oi providing ior its own dissolution. It was not intended by its framers to be the base less fabric of a vision which, at the touch of the enchanter, would vanish into thin air, but a sub stantial and mighty fabric, capable of resisting the slow decay of time and of defying tho storms of ages. Indeed, well mav the jealous patriots of mat aay nave mauigea tears mat a government of such high powers might violate the reserved rights of the State, and wisely did they adopt the rule of a atrict construction of these powers to prevent the danger i But they did not fear, nor had they any reason u imagine, mat me constitution would ever be so interpret ted as to enable anv State by her own act, and without the consent of her sister States, to discharge her pcoplo from all or any of their Federal obligations. It may be asked, then, are the people of the States without redress asrainst the tyranny and oppression of the Federal Government? By no means. Tho right of resistance on the part of the 1 - . . v. : . c . l i guvcrunu agaium me oii'resnuii ut meir govern ments cannot be denied. It exists independently of all Constitutions, and has been exercised at all periods of the world's history. Jnderit old eov crnmenta have been destroyed, and new ones have taken their place. It is embodied in strong and ex press language in our own Declaration of Indepen dence. But the distinction must ever be observed . that this is revolution against an established Gov ernment, and not a voluntary secession from it by virtue of an inherent constitutional right. In short, let ub look tbe danger fairly in tbe face : Se cession is neitner more nor less than revolution It may or it may not be a justifiable revolution, out suf i it is revolution. What, in tho mean time, if tho responsibility and true position of the Executive ? He is bound by 6olomn oath before God and tho 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 in part, nas been render ed 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 the laws of the United States to secure the administration of justice by means of the Federal Judiciary are concerned. All 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 mar shal in South Carolina. In fact the whole ma chinery of the Federal Government, necessary for a., i - -1 i i- m.i . i me aisinuuuon oi remeaiai justice among tno people, has been demolished; and it would be dif ficult, 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 au thorize the President, after he shall have ascer tained that the marshal with his posse comitates is unable to execute civil or criminal process in any particular case, to call forth the militia and employ tbe army and navy to aid him in per forming this service, having first by Proslamation commanded the insurgents "to disperse and retire peaceably to their respective abodes, within a lim ned time." This duty cannot by possibility be performed in a Stato where no judicial authority exists to issue process, and where there is no mar shal to execute it, and where, even if there were inch an officer, the entire population would corl atitute one solid combination to resist him. The bare enumeration of these provisions troves how inadequate they are without further egislation to overcome a united opposition in a single State, not to speak of othei States who may place themselves in a similar attitude. Congress alone has power to decide whether the . present laws can or cannot be amended so as to carry out more effectually the object of the Constitution. .. xne same insuperable obstacles do not lie in the way of executing the laws for the noll.An f the customs. The revenue still continue t c collected, as heretofore, at the custom-house in vnanesion; ana.snouia thecollector unfortunately resign, a successor may bo appointed to perform this duty. ?. Then ia resrard to the nmrtApfv tf V... TT:aj States In South Carolina. This has been pur chased for a fair equivalent, by the consent of the legislature of the State," "for the erection of forts, magazines, arseaals " An . . .M .v. thority "to exercise exclusive legislation" has. been expressly granted by the Constitution to - Cohi giesA It is not believed that any attempt will be mads to expel tha United States from thla prop erty by force; but If. in thi I aboold .pcave to $e mistaken, the officer in command of th for u has receited orders to act strictly on the defensi vej j Ia uch a contingency, the responsibility, for jconse- Siencat would rightfully rest upofltfe Beads' . eassailanta. rl-: ' :" s4 SOr - Apart from the execution of the laws, so far as this may be practicable, the Executive has no au thority to decide what shall be the relatione be tween the federal government and South Caroli na. He has been invested with no such discre tion. He possesses nb nowar y to change the, rota tions heretofore existing between them, much less to acknowledge the independence jfihaLJ3 tale This would be to invest a mere Executive officer with the powe of recognising he,disolution of the Confederacy among our thirty-three sovereign States. It bears no resemblance to the recogni tion of a foreign de facto government, involving no such responsibility. Any attempt to do this would, on his part, be a naked Mtjof usurpation. It Is, therefore, my duty to submit .to Congress the whole question in all its hearings. The course of events is so rapidly hastening forward, that the emergency may soon arise, when you may be call ed upon to decide the momentous question wheth er you poseas the power, by force of arms, to compel a Stale to remain in the Union., ,J should fee myself recreant to my duty were. I not to ex press an opinion on this important subject i The question fairly stated ia : Has the Consti tution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from tbe Confederacy? ; If answered in the affirmative, it must be on the principle that the power haa - been conferred upon Congress to declare and to make war against a State. After much serious reflec tion I have arrived at the conclusion that no such power has been delegated to Congress or to , any other department of the Federal Government i It is manifest, upon an Inspection of the Constitution, that this is not among the specific and enumer ated power granted to Congress; and it is equal ly apparent that its exercise is not "necessary and proper for carrying into execution" any one f Of these powers." So far from this power having been delegated toCongress, it war expressly re fused by the convention which framed the Con stitution. , ! It appears, from the proceedings of that body, that on the 3 1st of May, 1787, the clause, "author izing an exertion of the force of the whole against a delinquent State" 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 declaration of war than an infliction of punishment; and would probably he considered by the party at tacked as a dissolution of all previous compact by which it might be bound." Upon his motion the clause was unanimously postponed, and was nev er I believe again presonted Soon afterwards, on the 8th of June, 1787, when incidentally ad verting to the subject, he said : "Any Govern ment for the United States, formed on the sup posed practicability of using force against the un constitutional proceedings of the States, would prove as visionary and fallacious as the Govern ment of Congress," evidently meaning the then existing Congress of the old Confederation. j l Without descending to particulars, it may be safely asserted, that the power to make war against a State is at variance with the whole spir it and intent of the Constitution. Suppose such a war should result in the conquest of a State, how are we to govern it afterwards? Shall we hold it as a province, and govern it by despotic power ? In the nature of things we could not, by physical force, control the will of the people, and compel them to elect senators and representatives to Congress, and to perform all the other duties defending upon their own volition, and required from the citizens of a free State as a constituent member of the Confederacy. j But if we possessed this power, would it be wise to exercise it under existing circumstances? The object would doubtless be to preserve the Union i War would not only present the most effectual means of destroying it; but would banish all hope of its peaceable reconstruction. Besides, in the fraternal conflict, a vast amount of blood and treasure would be expended, rendering future reconciliation betweer the States impossible. In the mean time, 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 tbe affections of the people, it must one day perish. Congress possess many means of ore- serving it by conciliation, but the sword was not placed in their band to preserve it by force. But may I be permitted solemnly to invoke my countrymen to pause and deliberate, before Ja : a- J i .1 .i ... uivj ueirinine to uesiroy uiis, tne grandest tem- lo which has ever been dedicated to human reedom since tho world began ? It ha been consecrated by the blood of our fathers, by the glories of the past, and by the hopes of tne fu ture. The Union has already made us the most prosperous and, ere long, will.if preserved, render us tne most powerful nation on the face of the earth. In every foreign region of the globe the vine oi American citizen is neid in the highest respect, and when pronounced in a foreign land it causes the hearts of our countrymen to swell with honest pride. Surely when we reach the brink of the yawning abyss, we shall recoil with horror from the last fatal plunge. By such a dread catastrophe the hopes of the friends of freedom throughout the world would be destroy- eu, ana a wngnigni oi icaacn despotism would en shroud the nations. Our example for more than eighty years would not only be lost ; but it would be quoted as a conclusive proof that man is unfit ior sen-government. Itisnotevery wrong-nay, it is not every grievous wrong wnicn can jusuiy a resort to such a tear ful alternative. This ousrht to be the last detroer ato remedy of a despairing people, after every other constitutional means of conciliation had been exhausted. We should reflect that under this free Government there is an incessant ebb and flow in public opinion. The slavery ques tion, like everything human, will have its day. 1 firmly believe that it has already reached and passea me culminating point. But if, in tbe midst of the existing excitement, the Union shall perish, the evil may then becomo irrepara ble. Consrress can contribute much to avrrt it by proposing and recommending to the legislatures ..... l oi.t a I. i . ... a ai sotuai Duuna me roiiieuy ior existing evils, which the Constitution has itself provided for its own preservation. This has been tried at different critical periods of our history, and always with eminent success. It is to be found in the 5th article providing for its own amend ment- Under tnis article amendments havo been proposed by two-thirds of both houses of congress, and nave been "ratified by the legisla tures of three-fourths of the several States," and have consequently becomo parts of the Constitu tion, io tnis process tne 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 the press, or of the right of petition. To this we are, also, indebted for tho Bill of Eights, which Blurts me peopie against any abuse of power by the Federal Government. Such were the appre hensions justly entertained by the friends of State-rights at that period as to have rendered it extremely doubtful whether - the Constitution could haVe long survived without these amend ments. Again, the Constitution was amended by the same process after the election of President Jef ferson by the House of Representatives, in Feb ruary, 18Q3. Thtf amendment was rendered ne cessary to prevent a recurrence yof the dangers which had seriously threatened the existence of the Government during the pendency of that election. 1 The article for its own amendment was intended to secure the aniicable adjustment of con flicting constitutional questions ( like, the present, which might arise between the. governments of tho 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 re port, in 17?9, to the legislature of Virginia. In this ho ably and conclusively defended the Tesolu- ' tions of , the preceding legislature against.? the strictures Of several other State legislatures. These were mainly founded upon the protest of the Virginia legislature atrainst tha f A1ia.nv.n4 Sedition Acts," as "palpable and alarming in fractions of the Constitution." In pointing out the peaceful and constitutional renaidin an4 na referred to Snone other, to' which "thA'Rt-W,MM'1 nnthoriaed ! to ( resort, on i uch oocnsJon he concludes by sayinff. "that the ItMrwlnturo. f W" : C - he State "might' mtyelaadeairect teprf- teatotion to Congrea a " .existed -: atoll conunue to pr- SaSgyffif offen7ita,or they bfSMUlb incrn Ifg hv:renrosented to thei "respective Senators -i Congress their wish that twotlird thereof would propose a'n explanatory amendmentto the Consti tution; or twathird-of .themselves, if suchhad been their option, might, by an ' application to Congress, have f obtamed. a convention , for the same object.' '. This is tbe very course' which I i earnestly re ooroMd j" order to, -obtain ,an explanatory amendment" of the Constitution .on the subject of slavjry i This siigljit originate with Congress or the State' legislatures, as may be deemed most adTUl44 attain th PiPJ--!aafeawisija ' The explanatory amendment might be confin ed to the final settlement of the troa construction of the Constitution on three' special points : ' jv J, An exprass,rcognftion of the tight of ;pro jierty Jn slaves in the State 'where It nowexists or may 'hereafter exists ' r,i 2. Thdut 6f ott$lir.tbJt right in all the common v territories throughout their territorial existence, and until they shall be admitted a State into the Union, "with or-without slaveryj as their oonetiltioi tnay prescribe., f ? S 3. A like recognition of the right of tbe mas ter to have hit slave, who has escaped from one State to another,, restored and "delivered up" to him, and of the validity of the fugitive slave law enacted for this purpose, together with a declara tion that all State laws impairing or defeating this right are violations of , the Constitution, .and are conseqaentiy null and TOldi ' 50 ff , It may be objected that this construction of the Constitution has already been settled by the Su preme Court of the United States, and whtt more ought to bej-equired? The answer is, thaia irery 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 ple of the State in their sovereign character. Such an explanatory, amendment would, it is Jje Ueved, forever .terminate the existing oissensions 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 received with, favor by all the States of the Confederacy.1 In any event itought to be tried in a spirit of conciliation before any of these States shall separate themselves from the Union. . . ' " i s '.km When I entered upon the duties f the presi dential office, tbe aspect neither of our foreign nor domestic affairs was at all satisfactory.. We were involved in dangerous complications with sev eral nations, and two of our territories were in a state of revolution against the government A restoration of the African slave trade had numer ous and powerful advocates. Unlawful military expeditions were countenanced by many of our citizens, and were' suffered, m defiance of the ef forts of the government, to escape from Oar shores, for the purpose of making- war upon the unof fending people of neighboring republics with whom we were 'at peace. In addition. to these and other difficulties, we experienced a revulsion in monetary affairs, soon after my advent to pow er, of unexampled severity and of ruinous conse quences to all the great interests of the country. When we take a retrospect of what was then our condition and contrast this with its material pros perity at the time of the late presidential election, we have abundant reason to return our grateful thanks to that merciful Providence which has never forsaken us as a nation in all eur past trials. OUR FOREIGN RELATIONS QBXAT BITAIir. Our relations with Great Britain are of the most friendly character. Since the commencement of my administration, the two dangerous questions, arising from the Clayton and Bulwer treaty and from the right of search, claimed by the British government, have been amicably and honorably ad i us ted. v tbe discordant constructions of the Clayton and Bulwer treaty between the two eovernments, which, at different periods of the discussion, bore a tnreaiening aspect, nave resulted in a final set tlement entuely satisfactory to this government. In my last annual message I informed Congress that the British government had not then " com pleted treaty arrangements ith the republics of nonauras ana n icaragua, in pursuance of tne un derstanding between the two governments. : It is, nevertheless, confidently expected that this good work will ere long be accomplished." This confident expectation has since been fulfilled. lier JBntanic Majesty concluded a Meaty with Honduras on the 28th November, 1859, and with Nicaragua on the 28th August, 1860, relinquish ing the Mosquito prolectorite. Besides, by" the lormer, me Aay lianas are recognised as a part of the republio of Honduras. It may bejob- served tnat the stipulations of ttiese treaties con form in every important particular to the amend ments adopted by tbe Senate of the United States to the treaty concluded at London on the 17th October, 1856, between the two governments. It wiu be recollected mat this treaty was rejected by the British government because of its objection to the just and important amendment of the Sen ate to the article relating to Ruatan and the other islands in the Bay of Honduras. i It must be a source of sincere satisfaction to all classes of our fellow-citizens, and especially to those engaged in foreign commerce, that tbe ciaim, on tne part oi ureal Britain, forcibly to visit and search American merchant vessels on the high seas in time of peace, has been abandon ed. This was by far the most dangerous question to tha peace of the two countries which has exist ed since tne war of 1812. Whilst it remained open, they might at any moment have been ni-A- cipitated mo a war. This was rendered manifest by the exasperated state of public feeling through Out our entire country, produced by the forcible searcn ot American merchant vessels by British cruiser on tbe coast of Cuba, in the sprint? of IH TT, A 1 . a.-!, a . . , puupie nauea witn. general acclaim the orders of the Secretary of the Navy w uui uavai iorce in tne uuir or .Mexico, " to prow au vessels oi tne united States on the high seas from search or detention by the vessels-of-war of any other nation." Thes orders might i " aauauCTAit collision between the naval forces of tbe two countries. This was iao loriuuawiy prevented by an appeal to the justice of Great Britain and to the law of nations as expounaea oy ner own most eminent jurists, i xiie oniy question of any importance which buii remains open is toe disputed title betweenthe two governments to the island of San Juan in the vicinity of Washington Territory. As this question is still under negotiation, it is not deem ed advisable at the present moment to make any other allusion to the subject. . j The recent visit of the Prince of Wales in a ...nuwawwr, mj uia peopie ot this country, uaa provea to oe a most auspicious event. In its consequences, it cannot fail to increase the kindred and kindly feelings which I trust may ever acta- at t'aOa tha MAirAataaM.aat J a - . 6" '""""silt ana peopie of both countries a...va uu nxjiai intercourse with each ouiar. i TKANCI. iWith France, our ancient and powerful ally our relations continue to be of the moat frinH U character. A decision has recently been made by a French judicial tribunal, with the approbation of the Imperial Government, which cannot fail to muter uie Beuuments ot mutual regard that have ou i"B oesween uie two countries. Un aer me xrencn iaw no person can serve in the lame oi lauuo uniess ne oe a .Trench citizen. The law of France recoe-nisincr tho natural ws.v of expatriation, it follows as a necessary consequence that a Frenchman by the fact of havinglkcome abiwawavaMao v anwu oiaies, nas cnanged his alle giance and haa lost his nativecharacter, Hecannot therefore, be compeHed to serve in the Frtnch armies in case he should return to hia v.v16- P'rJea ere announced in 1852 by the French Minister of War, and in two lata cases have been confirmed hv tha vna.k aa:-;- . , i T . . . J - .wuwi jaaaaavaa.- ry. '. In these, two natives of France havebeen discharged from the French army because they had become American citiaens.,. To employ, -the language of our present minister to France, who has rendered good service on this occasion. T A not Uiink our French naturalized jowMdUaen will hereafter experience much annovtinna n tn?a 8060." I venture to nrediet that thu t1m U far distant when the other continental tiwr iil adopt the same wise and just policy which has done so much honor to the enhehtaned ment of the Emperor. In; anT event, no n- erntnent i bound to protect therighu of outnat- uaaaaatna viuwu(.sircrjwasr TO M Same eXtOHt as though .they bad drawn their Jlrst bteatif ia this country,; We. cb recognise no distinction betweeft our pative laud natawlized'piUzena,- H -Between the great empire oi Russia and tht! I United ''$1 i , ' i- . - a . 8'" saint' it 5 -: . ' av. . 1 . atM rta. flnain-aiA1a.f 9 o mAM 5 i Via r nJJMlVUa, w a Kaa wvmm 9.V ayw aa ;:a waw. . a 1 . . .... . al complicated tnougn leas oaiigerous-cnaraciver uiau they have been .for many years... Out citieena have long held, and continue to bold, numerous claims against me Spanish goyernment These had been ably ntged for series of years by our successive diplomatic representatives at Madrid, PUt WltnOuT ODtamiug muxsn. ; .u.v, wpauiaH Myarrimeiit5 flnaUyjurisdto 4a Joint OATqTYnfltnra- fny Ahaw jBiHatmenfe cf thetW elalOlBV and on the 6th day of larcb, 1860, concluded a cpnyention for this $QV Vwitn ?our, present minfater lt VMadrid.f Under thi oonyention, what have been denominated the -; Cuban claims," svmotinting to'$I28,635 and 64 cent, in which more than one hundred of our fellow-citl-zena are interest' were rwcoUedi ajvd tbe Spanish government agTeed : to" pay $100,000 of tnis amount witnin tnree xnenum loiiowuig mo exchange of WtiikaiitonaKJtiT of the remainUig $28,685 4 was.to await .the decision of the cemmissioners for or against he Amiatad claim :r hut in any event the balance was to be paid to the, claimanti ' either by Spairiof ;4he United: States, Jhese terms It, have every rea son to know are hiehlv satisfactory to the hold ers; of the-Cuban clainuv Indeedat shey'liaTe made a formal offer; authorizing the - State : De- partment- to settle these claims, ana to-aeauct the amouht Of the Amistad claim, front the sums which they are entitled to receive from Spain; This offer, of course, cannot be accepted.",. .a AU other claims of citaixenl tbe UjiitedState against Spain, or 'of subjects xt the Queen of Spain against the "United State, 'including the "Amistad. claim," were,, by.; wus conTenuon re ferred to a board of cOnamissionere in the usual form. Neither the , validity of ' the Amistad claim nor of any other claim against either party, with the sinsrle exception of the Cuban elaims. was recognised bv the convention.- Indeed, the Spanish government did not Insist that the Ta- hdity of tne Amistad claim snouid be tnus recog nised, notwithstanding its payment had. been recommended to Congress, by .two of my prede cessor as well: as , by mpelf, tand' an appropria tion for that purpose had passed the Senate or the Unjted States .They were content that it should be submitted to the board for , examination and decision, like the other claims. Both govern ments -, were ; bound respectively to, pay the amounts awarded to the several claimants at such times and places as may bo fixed by and ac cordins to the tenor of said awards."' ; ' I transmitted this convention to the Senate for their constitutional action on the 3d May, 1860, and on the 27th of the succeeding June ( they ? determined that - they wouldf ."not advise 'jBobnsenV'ite rajflcsieiir,. - -J I , , These proceedings place -our relaiions with Spain in an awkward and embarrassing position. It is more than probable that the final adjust ment of these claims will devolve upon my suc cessor. V ; . - . ' , 'I reiterate the recommendation" contained in my 'Annual Message of December, ,1858, and repeated in that of December, , 1859, in favor of tne acquisition of UUba from Spain by fair pur chase.. X nrmiy. nelieye tnat such an acquisition would contribute essentially to the well-being and prosperity of both countries in all future time; as . well as prove, the certain means of im mediately abolishing the 'African : slave-trade throughout the world. I would not repeat this accommendation upon the present occasion, if I believed that the transfer of Cuba to the United States, upon conditions highly favorable to Spain, could justly tarnish the national honor of the proud and ancient Spanish Monarchy. Surely no person ever attributed to the first Napoleon a disregard of the national honor of France, for transferring Louisana to the United States for a fair equivalent both in money' and commercial aa vantages. , f . ' A.USTMA," dtC. With the Emperor of Austria, and the remain ing continental powers of Europe, including that a-.1 C,a 1 j . - . . - oi uiouuaB,our rtuauons continue to Oe of tne most friendly character. The friendly and peaceful policy pursued by the Government of the United States towards the empire of China has produced the most satisfac tory results. The treaty, of Tientsin of the 18th of June, 1858, has been faithfully observed by tbe unmese authorities. The convention of th 8th November, 1858, supplementary to this treaty. for the adjustment and satisfaction of the claims of ocr citizens on China, referred to in my tb Asauai juessage, nas oeen already carried in to effect, so far as this was practicable. Unaer this convention the sum of 500, 000 taels equal to about JTOO.OOO, was stipulated to be pam in sausiacrion oi tne claims of American citizens out of the one-fifth of the receipts for ton nage import, and export; duties on American vessels at the porta of Canton. Shamrhaa. and Fuchau ; and . it was, "agreed that this amount shall be in full liquidation of all claims of Amer ican citizens at the various ports to this date.' ieoentures ror tnis s amount -to wit: 300,000 taels for Canton, 100,000 for Shangfaae, and joo;. 000 for Fuchau were delivered according to the terms of the convention by the respective Chinese cuuectora oi me customs or tnese ports to tbe agent selected by our minister to receive the same. Since that Lme the claims of our eifizna h been adjusted by the board of commissioners an- naiatiJ fa a V.. a a . . P"uwu lurpuwe unaer me act or jaarch 3, 1859, and their awards, which proved atisfi. tory to the claimants, have been approved by our luuiwm. in wuu aggregate tney amount to the sum of $498,694 78. The claimant have alrea dy received a large proportion of the sums award ed to them out of the fimd provided, and it is confidently expected that the remainder will ere long be entirely paid. After the awards shall; have been satisfied, there will remain a surplus aaH.. Skakaa aWkV SVS Y a at . a J ua uiuffQ taUM acru,UUW st mQ OlSpOSlttOn Of COU- gress. ai tnis wiu m equity belong to the Chi utsw government, would not justice require its PPfopnauon to some benevolent object in which me Siamese may oe specially interested T ' Our minister to China, in' obedience to his in structions, nas remained perfectly neutral in tbe war between Ureat Britain and France and the Chinese empire ; although, in conjunction, with me Aussian minister, ne was - ever ready, and willing, bad the opportunity offered, te employ ms eood otnees in restonnor neaca bat waa tha parties. It is but an set of simple justice, both to our present minister and his Dredeoassor. to at that they have proved fully equal to the delicate, trying, and responsible positions in which they tiawaa. am afltVWaaan ajuia.tM. . . a a - ""vioui uwwiui uvea piacea. - U. JATAX. '. J The ratifications ot the treaty 1 with" Japan, con- eluded at Yedo on thA 29th .r.,W , ioko changed at lyashihgtonon the 22d of May hut, and the treaty itself was pioclaimed on the suc- ceeawg aay. x nere is good reason to expect that. unaer its protection ana influence, our trade and intercourse with that distant and interesting peo- ple will rapidly increase.; , 'S V The ratifications of the treaty were exchanged with unusual solemnity. For thia nurnnaa tK t-- coonhadaeo fj?Ma.enT.0" niitere plenipotentiary who, were; received and treated ..m" V Government and people - of the Unit Rtt x Bare is every reason to believe that they have re- iurueu uj mtr imuva inna entirely Bati8ued with Hitur vuib, auu uiBpireu oy tna mrKt frianHlv faal. ingsfor our country. Let us ardentlw bnn t the language of the treaty itself, that "there shall uenceiorwaca oe perpetual peace and friendship betweenthe United States of America and hi Majesty the Tycoon of Japan and his successors " BUI .IX,. I - f With the wise, conservative." and Hbni-ai -,o- ttramanl tha amntM-Af 1U-11 . i . O tihue to be of tha most amicable character. ""'" aaaaaaj Wi aU lOUI TO lniini n v. f The exchansre of the ratinnatinna nrtlkl " fe. la c ?L? Q", gd t been lone- delavarl i frr Z7 . . y Jt$d??I&Y n cause, for " ;iu oeptemoer. 1857. haa wmcu neimer party is censnrahlp Thaaa.-,.. tions were duly exchanged in this city on the 5th of November last. Thna him . tl.JlJZ !SSblymi?at8d,whicn becomesoMrious JP7! ittjWgurationastortouire r in oi -a-pnr, 1857, to direct bur min ister to demand his. paasnorts-' and rnttirn .K. United States; ' ' - 'TUndethii conventinn tha Onvaanmaat jf XT n - J - , . . " saaiiawii, W-aUVW uranada hat specially acknowld(r, luai rtAk responsible to our cozens "for damage which TSiCy?P& "d t Paaamaonthe 5th of ApW, W56.f These claims, tOsether with other claims of our citizens whfok v. j . in vain, are referred for adjustm ' cojrmisstoneiis. I submit a rT- ..10 bo.J5 fna. A n.m,,mi mi.A 1 . f-f " thu a. 0 avaa av yvnaim aim ind recomm eonv." necessary to carry .if into effect. 6 Persevering effort have been justment of thecUimsol American ouf r lhii Ik. aagaomtnf afirV.1. t! . 1 LlUEftn. inform i vow that the have finall aaac iufo.na.w.1 m uijilm n.ina t - a .Va ,L a.. .' "." 1 Hi.,. Sn. V ..." MK. ua.a eonveuuon waa vigiioa iatthanii,.-' r"N : .! , j t.,i.4 i.a- "V u oan .1 of the United Statu i- Costa. R; ,le.r a to a board or commissioner' the payment ioi .their , awai d BM.t Providj, -Thl! will be submitted immediate! v w ,T 'BtW thlr eorwtltational action. eSetlt7. a. no ciatiun wi nur ciuaeus upon th Nicaragua have not yet been provide 14 ty.aithoogb diligent efforts LS?th been made b our minUter resident D Hn. Theae are adir .nt!n., I,..10111! lie. ( These are still continued, with , f . i met of success ' vJpu nJatibns with Mexico unsatisfactory condition, h, , meMaees 1 discussed extnairi.. laeti... these relations, and do n"t now at length .the fact and argua,anu tbiT W fc They proved conclusively that our cit5 ding in Mexico and our .merchants tr; to had suffered . -eries of wroningtln such as we have never patiently Wnaf other nation. For these our succwd,! v j invoking the faith of treaties, haXin thhk theif country, persistontiy demanded a " indemnification, but without t . ua Indeed, confident had the Mexican? become of our patient endurance th- T versally believed they J might coma,;, .,"" ""i-. 1, a -IS i .al . . ' iin. rages upon American istitens with sbfii nity. Thus wrote our minuter in jg ""P pressed th opinion, that nothing bui nle,; tatiohof the power of the Govern m-n, purpose to punish these wrongs, wilud Afterwards, W l?5T, came the S hew constitution for Mexico, the T,'n 01 1 President and Congress under iu provsT" ' the inaueuration of the President itr ?.1- short month, however, this President a led from the capital by a rebellion . . 11 lThi. and th$ supreme power of the republic "" ed to General Zuloaga. This Zrl turn soon ;oompelled to retire and eiv.ni " General Miramon. , ( Under the constitution which h'ad th . adonted. Senor Juarez, as rhiof ;.,;.. . u a preme Court, became the lawful Prawi, ? aiepubiic; anditwas for them,.1 constitution na anis aurnonty derived fromi,r the civil war commenced, be prosecuted. and "'"continue, t,, throughout the year 1858 the . party gTew stronger and stronger. In the Z ous nutory oi mexico a successful miliurv rn lotion at the capital had lnto8t universallv U the signal foy submission throughout the TLT not so on toe present occasion. A mi.;.' , citizens persuiently. sustained the coDituti' government,5 wnen this was recpgnizJ Z ApriV 185, by the government .)f the UniilS States, its authority extended over a Uim g of Mexican States and peopls.isc, Vera Cms and all the other important sea com rwerepupiicv -srorn mat penod oar oommera vth Mexioo began to revive, and thejongu' tional government has afforded it til the CTOtec tibn in their power. - v 1 Meanwhile, thef: government of Mirmon still hfldsway at the capital and over the suitor,,. aiountry, and continued its outrages against the few American citizens who still had the courtta to remain within its power. To cap the chmm After the battle of TaCubaya, in April, 1859, Gen Marques ordered three citizens of the UnW States, two of them physicians, to be seised 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 th net to tne soiarers oi ootn parties . who had been wounded In the battle, without making any dis tinction -between them. , The time bad arrived, in my opinion, when this Government was bound to etert iu power to avenge and; redress the wrongs of oar citizen! and to afford them protection in M exico. The inter posing obstacle was that the portion of the eosr. try under the away, of Miramon could 'ot be reached without passing over territory under the aa. .. . 11 aaa . ? rarisaicuonei tne constitutional government- I Under these circumstances, I deemed it mydutv I recommend to Congress, in my last annul message, the employment of a sufficient military force to penetrate into the interior,' where tbe government of Miramon was to be found, with, or, if need be, without the consent of the Juarei government, though it was not doubted that this consent could be obtained. 'Never have I had a clearer conviction on any subject than of the justice as well as wisdom' of such a policy. No other alternative waa left, except the entire aban donment of our fellow citizens who had gone to - 1 Mexico, under the faith of treaties, to tbe aritem atic injustiee, cruelty, and oppression of iliramon'i government. Besides, itis almost certain that the simple authority to employ this force would of it self have. accomplished all our objects without striking a single blow. ' The constitutional got eminent would then ere this have been establish ed at the city of Mexico, and would have been ready and willing, to the extent of iu ability, to do us justice.- ' In addition and I deem this a most important consideration European governments would hare been deprived ot " all pretext to interfere in the territorial and domestic concerns of Mexico. We should thus have been relieved from tbe obliga tion of resisting, even . by fore, should this be come necessary, any attempt by these go rem menu to deprive our neighboring republic of portions ot her territory : a duty from which we could cot shrink without abandoning the traditional and established policy of the American people. I sm happy to observe,' that, ''firmly reiving- upon tbe justice and good faith of these governments, there is no present aanger tnat such a contingency win happen. ... Having discovered that mv recommeodsUoni would not be sustained bv Consrress. tbe next al ternative was to accomplish, in some deirree,if possible, the same objects by ; treaty stipulations with the constitutional government. Such trea ties were accordinely ooncladad bv our late able and excellent minister to Mexico, and on the 4th 1 Jnuarv last were submitted to the Senate for rat iflcation. Aa these have not yet received the final action of that body, it would be improper for me to present detailed statement of their provisions. Still I may be permitted to express the opinion in advance that they are calculated to promote tbe agricultural, manufacturing, and commercial in terests oi tne country, ana to secure our just mnu ence with, an adjoininer republfc as to whose for tunes and fate we -can never feel indifferent: whilst at the same time they provide for the psv- ment nf a. (VinsiHArarila mannt inmrAa thnsatit- faction of tbe claims of our injured fellow-citi- zens.? j,. , , 1 - V; kJuxbab jn vtjlh. 4 kL- ., . iting under what is Sed the Topeks constitution: Iu avowedobiec isto subdurthe ttorU g Z fnaSrate nai was caiiea tne Xopexa government in its steaa To accomplish this obiect an extensive miliury organization was formed and its command en trusted to the most violent revolutionary leaders. Under these circumstances, it became mv impera tive duty to exert the whole constitutional power of the Executive to prevent the flames of civil war uvui again raging in .tvansas, woicn, in me ex cited state of tbe public mind, both North and r . f . . South, might have extended into tbe neighboring States. . a The hostile parties in Kansas had been in flamed against each, other by emissaries both from the North and the South, to a decree of malignity without a parallel in our history. To prevent actual collision, and to assist the civil magiBiTaiea in eruorcing tne Uws, a strong ac ticfiment of the army wV stationed in the Ter ritory, ready to aid the marshal and his deputies, when tawfully called upon, as a -sosse comitatus in the execution of civil and criminal process. Still, the troubles in Kansas could not have been permanently settled without an election by the people. The ballot-box is the surest arbiter bf disputes among freemen. Under this convic tion, ; every proper effort was employed to induce thehostile parties to vote at the election of dele gates to frame a .State constitution, and after ward at th : election to decide whether Kansas U V. - T o. . rr.1 ' . ..-ant party refused to vote at either, lest this might be Buuuiu ueaBiavB ur ixt ivut. am iiibuik".
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 8, 1860, edition 1
2
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