The New York Herald Newspaper, December 5, 1860, Page 1

THE NEW YORK HERALD. WHOLE NO. 8854. THE CRISIS. STATE OF THE UNION. THE PRESIDENTS MESSAGE, Annual Reports of the Treasury, War, Navy, Interlor and Post Office Departments, ‘Tportant Position of the President on the Crisis of the Union. “The Material and Industrial Pros- perity of the Country, Shall Such a Nation be Dissolved ? Appeal of the President to the Patriotism of the People, Bey ke, ae. THE PRESIDENTS MESSAGE. ‘Vasrow Orruzens or THE SENATE anp Hoves oF REPRESENTATIVES: — ‘Throughout the year since our last meeting the country has been eminently prosperous in all its material interests. The general health has been excellent, our harvests have been abundant, and plenty smiles throughout the land. Our commerce ‘and manufactures have been prosecuted with ener- gy and industry, and haye yielded fair and ample returns, In short, no nation in the tide of time has ever presented a soectacle of greater materia! _ Prosperity than we have done until within a very recent period. Why is it, then, that discontent now 80 extensive- fy prevails, and the Union of the States, which is ‘the source ef all these blessings, is threatened with destruction? The long continued and intemperate Interference of the Northern people with the ques- tion of slavery in the Southern States has at length produced its natural effects. The different sections of the Union are now arrayed against each other, ‘and the time has arrived, so much dreaded by the Father of his Country, when hostile geographical parties have been formed. I have long foreseen ‘and often forewarned my countrymen of the now ‘mpending danger. This does not proceed solely from the claim on the part of Congress or the Ter- titorial Legislataree to exclude slavery from the Territories, nor from the efforts of different States to defeat the execution of the Fugitive Slave law. Aller any of these evils might have been endured by the South without danger to the Union, (as others have been,) in the hope that time and reflection might apply the remedy. The 4mmediate peril arises not so much from these ‘causes as from the fact that the incessant and vio- lent 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 of security no longer exists around the family altar. This feeling of peace at home has given place to apprehensions of servile insur- rection. Many a matron throughout the South re- tires at night in dread of what may befall herself and her children before the morning. Should this apprehension of domestic danger, whether real or imaginary, extend and iotensify itself until it shall pervade the masses of the Southern people, then @isunion will become inevitable. Self-preservation Js the first law of nature, and has been implanted in the heart of man by his Creator for the wisest purpose; and no political union, bowever 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 nearly 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 thas 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 eause 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, Jn 1836 pictorial handbilis and inflammatory ap- peals were circulated extensively throughout the South, of a character to excite the passions of the slaves, and, in the lenguage of General Jackson, “to stimulate them to insurrection and produce all the horrors of « 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 cea- tral point, and spread broadcast over the Union. How 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 ne- -ceseary to accomplish the object, and all for which the slave States have ever contended, is to be let alone, and permitted to manage their domestic in- stitutions in their own way. As sovereign States, they, and they alone, are respsnsible before God and the world for the slavery existing among them. For this the people of the North are not more res- ponsible, and have no mote right to interfere, than with similar institutions in Russia or in Beasil. 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 his own political proclivities, to re- store peace and harmony among the States. Wisc- ly lintited and restrained as is his power, under our constitation and laws, he alone can accomplish bat | Little, for good or for evil, on such a momentous question. And this brings me to observe that the election of any one of our feilow citizens to the office of President doer not of itself afford just canse for diesolying the Union. This is more especially trae ff bie election has been effected bya mere plurality. and pot a mojority, ofthe people, and has resalied from trepeient and temporary causes, which miy probably never sgain occur. In order to jastity a tesort to revolutionary resistance, the federal go- MORNING EDITION-WEDNESDAY, DECEMBER 5, 1860.—TRIPLE SHEET. vernment must be guilty of # deliberate, palpable and dangerous oxercise of powers not granted by the constitution, The late Presidential election, however, has been held in strict conformity with ita express provisions. How, thea, can the result justify s revolution to destroy thie very constitu- tion? Reason, justice, a regard for the constitu- tion, all require that we shall wait for some overt | and dangerous act on the part of the President | elect before resorting to such a remedy. | It is said, however, that the antecedents of the President elect have been sufficient to justify the fears of the South that he will attempt to invade their constitutional rights. Bat are such appre- our forefathers many years of toll, privation and blood to establish, buch a principle is wholly inconsistent with the i a8 well as the character of the federal con- sutation. After it was framed, with the greatest del.\beration and cere, it was submitted to conven- tions of the people of the several States for ratifi- cation, Its provisions were discussed at lengtu in these bodies, composed of the first men of the soun- ty. Iw Oly gl i gpmeycne mare conferred powers upon the federal government jerous to the rights of the States, whilst its Rivoeties main tainec that under a feu construction of the instra- ment there wae no foundation for such apprehen- sions. In that mighty struggle between the firat intellects of this or any other country, it never occurred to any individual, either among its opponents or advocates, to assert or even to intimate that their efforts were all vaia labor, hensions of contingent danger in the future suffi- cient to justify the immediate destruction of the noblest system of government ever devised by mor- tals? From the very nature of his office, and ite high responsibilities, he must necessarily be con- servative. The stern duty of administering the vast and complicated concern: of this government affords im itself a guarantee that he will not at- tempt any violation of a clear constitutional right. After all, he isno more than the chief executive officer of the government. His province is not to make, but to execute the laws; and it isa remark- able fact in our history that, notwithstanding the repeated efforts of the anti-slavery party, no single act has ever passed Congress, unless we may possibly except the Mis- souri Compromise, impairing in the slighest de- gree 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, bya majority of both houses, either in the present or the next Con- gress. Surely, under these circumstances, we ought to be restrained from present action by the precept of Him who spake as never man spoke, that ‘‘suf- ficient unto the day is the evil thereof.” The day of evil may never come, unless we shall rashly bring it upon ourselves. It is alleged as one cause for immediate secession that the Southern States are denied equal rights with the other 3 in the common Territories. But by what authority are these denied? 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 has solemnly decided that slaves are roperty, and, like all other property, their owners ave @ right to take them into the common Territo- ries, and hold them there under the protection of the constitution. So far, then, as Congress is concerned, the ob- jensen is not to anything they have already done, ut to what they may do hereafter. It surely be admitted that apprehension of future dan- ger isno reason for an immediate dissolution of the Union. It is true that the Territorial Legis- lature of Kansas, on the 23d of Febraary, 1560, a at haste an act, over the veto of the vernor, declaring that slavery ‘‘ is, and shall be, forever prohibited in this Territory.’ Such an act, however, plaicly violating the rights of pro- perty secured by the constitution, will surely be mecca »b: ny judiciary whenever be presen a legal form. inauguration, the Su- Only three years after m preme Court of the United solemaly adjudged that this power did not exist in a Territorial Legis- | . Yet, such has been the factious temper of | the times that the correctness of this decision has | been extensively impugned before the people, and the question has given rise to angry political con- fiicts throughout the country. Those who have ap- posted from this judgment of our highest constitu | onal tribunal to popular assemblies would, if they | could, invest a Territorial Legislature with power to | annul the sacred ~— of property. This power Congrees is expressly forbidden by the eral constitution to exercise. Every State Legislature | in the Union is forbidden by its own constitation to | exercise it. It cannot be exercised in any State | except by the people ia their highest sovereign ca- onthe wi framing or amending their State con- stitution. In like manner it can only be exercised by the people of a Territory represented in a con- | vention of delegates for the purpose of framing a constitution preparatory to admission asa State into the Union. Then, and not until then, are they in- vested with power to decide the question whether slavery shall o¢ shall not exist within their limits. This is an act of sovereign authority, and not of subordinate Territorial legislation. Were it oth- erwise, then indeed would the ——, of the States in the Territories be destroyed, and the rights of property in slaves would depend, not upon the jorey of an wreponaile Terral Logi ie jorkies of an le Territori Le lature. Such # doctrine, from its intrinsic uns uad- | ness, cannot long influence any considerable por- | tion of our people, much less can itaffurd a good reason for a dissolutian of the Union. The most palpable violations of constitutional duty which have yet been committed consist ia the acts of different te Legislatares to defeat the execution of the Fugitive Slave It ought to | be remembered, however, that for these acta neither Congress nor any President can justly be held ible. Having been passed in viormdon of the federal constitution, they are, therefore, nall and void, All the courts, bovh State and national, | before whom the question has arisen, have frow the beginning declared the Fugitive slave law to be constitutional. The single exception is that of a State courtin Wisconsin, and this has not only | recedent. | there can be no danger from itasa The validity of this law has been established over and over sgain by the Sopreme Court of the | United States with perfect uaanimity. {[t is | founded upon an —— provision of. the con- stitution, requiring itive slaves who es- cape from in one te to another sha!l service be ‘‘delivered up" to their masters. provision it is a well known historical fact that the | eonatitution itself could never have been adopted by the Convention. Ip one form or other under the acts of 1703 and 1550. both betng substantially Slave law has been the law present moment. Here, then, a clear case is pre- sented, in which it will be the duty of the next President, as it has been my own, to act with in execoting this supreme ing enactments of State Legislatures. Shonld- he fall in the performance of this high daty,he will then bave m: ai the rame, the nee f i ; This would be at war with every pria- Christian charity. and of . Let y commencemeat 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 nus trust that the State Legislatares willrepeal their unconstitutional and obnoxious enactments. Un- Jess this shall be done without unnecessary ok | 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 jus- tice from the States of the North. Should it be re- fused, then the constitution, to which ali the States are parties, will have been wilfully violated by one portion of them ip a provision essential to the do- mestic security and Ln ew of the remainder. In that event, the inja ‘tates, after haviug first used all fal and constitutional means to obtain redrees, woukl be justified in revolutionary resist- ance to the government of the Unien. Thave purposely confined my remarks to revolt tionary resistance, because it has beea claimed within the last few yeors that any State, whenever this shall be ita soverc gn will aod pleasure, may secede from the Union, in accordance with the constitation, and without any ation of the con- stitutional ri; of the other members 0° the con- federacy. at as each became partes to the | Union by the vote of its own people assembled in Convention, 80 any one of them may retire trom the Union ina sind ar manner by the vote of suck a Convention. In order to justity secession as a constitntional | remedy it mast be on the principle that the federal overament is a mere voluntary association of states, to bo dissolved at pleasnre by any one of | the contracting parties. If this be #0, the con- | federacy is « rope of sand, to be penetrated and dissolved by the first adverse wave of public i in any of the States. a this = mo our thir y-three States may resolve | themselves into as mauy petty, jarrng and hostile =repubdlics, each one retiring from the Union, without responsibility, whenever | | to comply wit | States without redress against the tyranay aad op any eudden excitement might impel them to sach @ course. By this process 2 Union mizht be e itirely brokes into fragmenta in a few weeks, which cost | because the moment that any State felt herself ag- grieved she might secede from the Union. What @ crushing argument would this have proved against those who dreaded that the rights of the States would be endangered by the constivution. The truth is that it was not uatil many years after the origin of the federal government that such proposition was first advanced. It was then met and refuted by the conclusive arguments of Gene- ral Jackson, who in his e of 16th 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 themeselves at will, and without the consent of the other States, from their most solemn obligations, and hazard the Unerty and happiness of the millions com- posing this Union, cannot be acknowledged. Such authority is believed to be utterly re- pugnant both to the prinviples upon which the ge- heral government is constituted and to the objects which it was capcom foemanss to attain.” It is not pretended that any clause in the conati- tu‘ion gives countenance to such a theory. It is altogether founded Ago, inference, not from any language contained 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 individual, to yield a por- ton of ite sovei rights to secure the remainder? In the language of Mr. Madison, who has been cail- ed the father of the constitution, ‘‘it was formed by the Sta:es—that is, by the people in each of the States—acting in their highest sovereign capacity, and formed, consequently, by the same authority which formed the State constitations.”” “Nor is the government of the United States, created by the covstitution, less @ government in the strict sense of the term, within the sphere of its powers, than the goverumeats created by the constitutions of the States are, within their several spheres. It is, like them, organized into legisla- tuve, executive and judiciary departments. It operates, like them, directly on persons and things; and, like them, it has at command a physical 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 contract- ing purties. fhe old articles of confederation were entitled ‘‘Articles of Confederation and Per- petual Union between the States;"’ and by the 13th article it is expressly declared that ‘the arti- cles of this contederation shall be inviolably ob- served by every State, and the Union shall be per- tual." The preamble to the constitution of the nited States, having express reference to the arti- cles of confederation, recites that it was established “ip order to form a more perfect union.’’ And yet it is contended that that this ‘more perfect union’? Geen aes include the essential attribute of per- petuity. But that the Union was designed to be perpetual appesrs 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 sovereignty. They place both the sword and the purse under its control. Copgrets has power to make war, and to make peace; to raise and support armies and navies, and to conclude treaties with foreign go- verpments. It is invested with the power to coin money, and to regulate the value thereof, aad to regulate commerce with foreign nations, and among the several States. Itin not necessary to enumerate the other Seb payee which bave been conterred upor the feceral government. In order to carry the enumerated powers into effect, Gun- gress possesses the exclasive right to lay and eol- ject duties on imports, and ia commoa with the States to lay and collect ali other taxes. But the constitution has not only conferred these high pOwers upon Congress, but it has adopted ef- fectual means to restrain the States from interfering with their exercise. For that purpose it has, in strong prohibitory language, expressly declared that no State sball enter into avy treaty, alliance or confederation; grant letters of marque and repri- sal; coin money; emit bills of credit; make any- thing but gold aud 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 ef Coagress, no Btate sball lay apy impos's or duties on any imvorts or exports, except what may be absolutely neces- sary for executing its inspection laws;”” and, if they exceed this amount, the excess shall belong to the United States. * And ‘‘no State shal), without the consent of Con- gress, lay any duty of tonnage; keep troops, or ships-of-war, in time of peace; enter into any agree ment or compact with another State, or with a fo- reign Power; or engage in war, unless actually in- vaded, or in such imminent danger as will not ad- mit of delay.”’ In order still further to secure the uninterrupted exercis» ef these high powers against State iaver- osition, itis provided "that this constitution and he 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 shali be the supreme law of the jand; and io ten in every State shall be bound thereby, anything in the constitution or laws of ‘one Stute to the contrary notwithstanding.” ‘The solemn sanction of religion has been super: added to the obligations of official duty, and all Senators and Repretcntatives of the Unired States, ell members of diate Legislatures, and all execu tive or judicial officers, “oth of the United Ststes and ot the several States, shall be bound by oath or cfirmation to-sapport this constitution.’ In order to carry into effeot these powers, the Covstitation & perfect government in all ite forms, legislative, executive and judi- cial; and this government, to the of its powers, acts directly upon the individual citizens of every State, and executes ite owa decrees by the agency of its own officers. To this respect it differs entirely from the government oa- der the old confederation, which was coufined to moakiog requi-itions on the States ia their sovereign character. This left it in the discretion of each whetberto obey or to refuse, and — oftendeclined such requisitions. It thus became necessary, for the parpose of removing this bar. | rier, and ‘in order to form a more perfect Union,” to establish a government which could act directly upon the pe and execute ita own laws without the intermediate agency of the States, This has Leen accomplished by the consultation of the United Buates. In short, the government created by the consti- tution, and deriving its autherity from the sove- reign people of each of the sew Btates, has pre- cisely the same right to exercise its power over the people of ail these States, in the enumerated cases, thas each one of them powesses over subjects not delegated to the United States, but “reserved to the Btates respectively, or to the people. To the extent of the delegated powers the con- stitution of the United Ptates is as much @ part of the constitution of each State, and is as binding npon its people, as though it had been textually in- serted therein. ‘This government, therefore, is a it and pow- i ment, invested with all the attributes Si eelereigy the special subjects to which Its framers never intended own des tts authority extends aut extends. to implant in its bosom the seeds of its tioction, nor were they at its creation absurdity of providing for its own ‘was not intended by its framers to fabric of a vision, which, chapter, would vavish tial and a d, well may the jonlous patriots of ve motert fears thata government of such high powers m ight violate the reserved rights of the Btal nd wisely did they adopt the role of a strict construction of these powers to prevent the danger. But they did not fear, nor had they any reason to imagine, thatthe constitution would ever be 80 ened ho astoenable any state, by her own act, and without the consent #f her sister Btates, to discharge her people from all or any of their federal obligations. It may be asked, then, are the people of the ty over ression of the federal government’ By no mea’ ¢ right of resistance on the part of the governed against the oppression of their governments caunot denied. Rextsts independently of all constita- tions, and has been exercised at all periods of the world’s history, Under tt old goveraments have been destroyed, and new onea have taken their place, It is embodied in strong and express lan- mage in our own Declaration of Inde} a the distinction must ever be observed, that this is revolution against an established government, and mot a voluntary secession from it by virtue of an inherent constitutional right. In short, let us look the danger fairly in the face: secession is nei- ther more nor less than revolution, It may or it way not be @ justifiable revolution, but still it is re. "vat," im the meant hat, @ meantime, is the responsibilit: and true position of the Exccutive? He’ is boun by solemn eath before God and the country ‘to tike care that the laws be taitutully executed,” and from this obligation he cannot be absolved by avy human power. Bat what if the performance of this duty, ia whole or in part, has been render- ed impracticable by events over which he could have exercised no contrel? Sach, at the present moment, is the cose thronghout the State of South Carolina, so far as the lawe of the United States to seeure the adminitration of justice by means of the Federa) Jadic'ary are concerned: federal offivers within its ‘mits, through whose ageney alone these jaws can be carried into exe- eution, have already vesigned. We no longer have a District Judge, a District Attorney, ora Marshal, in South Carotina. In faet, the whole machinery «f the federal government, necessary for the dis- tyIbution of romadiakinatiee amoag the people, has been demolished; and i: would be difficult, if not impossible, to replace it. . The only acts of Congress on the statute book vearing wpon this subject are those of the 28th Febrnary, 1795, and Sd March, 1°07. These au- ‘horize the Presideut, after be shall have ascer- ained that the Marehal, with his comita‘us, is unable to, execute civil or criminal proceas in aby —— cage, to call forth the militia and employ the army and navy to aid bim > oe ug this service, having first by proclamation com- iwanded the insurgents ‘to pers? and retire peaceably to their respective abodes, within a li- ed time.’ This duty canrot by possibility be ‘iormed ina State where no judicial authority exists to issue process, and where there is no Mar- lial to execute it, and where, even if there were stich an officer, the entire population would con- stitute one solid combination to resist hin. The bare enumeration of these provisions proves how inadequate they are without er legislation to overcome @ united Opposition in a single State, ot to speak of ouier States who may place thew- selves ip @ similar attitade, Congress alone has power to decide whether the present laws can or annot be amended so as to carry out more effec- ‘uaily the objects of the constitution, The same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. The revenue still continues to be col- jecte 1, as heretofore, at the Custom House in charleston; and should the collector uafortunately cvessor may be appointed to perform regard to the property of the United South Carolin: ‘nis has been purchased ir equivalel y the consent of the Legis- ature of the State,"’ ‘‘for the erection of forts, ma- gazines, arsenals,’ &c., aud over these the au- thority ‘to exercise exclusive legislstion” has been expressly granted by the constitution to Con- gress. itis not believed that any attempt will be made to expel the United States from thia property by force; but if in this I should prove to be imis- taken, the officer in command of the forts has re- ceived orders to act strictly on the defensive. In such @ contingency, the responsibility for con- sequences would rightfully rest upva tae heads of the assailants. Apart from the execntion of the laws, so far as this may be practicable, the Executive has no an- thority to decide what sbail be the relations be- tween the federal government and Soath Carolina. He has been invested with no such discretion. He possesses no power to change the relations heretofore existing between them, much lesa to acknowledge the independence of that state. This would be to invest a mere Ex- ecutive officer with the power of recognizing the discolution of the confederacy amoag our thirty- aree sovereign States. It bears no resem lance +o the recognition of a foreign de facto government, tovoly pg no such responsibility. Any attempt to do this would. on bis . be a naked act of usur- pation. It is, therefore, my duty to submit to Con- ‘areas the whole question in ali its beariags, Tho smurse of events {4 so rapidly hastening forward, ‘hat the emergency may soon arise when you nay be called npon to decide the momentous ques- jon whether yon possess the power, by force of arms, to compel @ State to remain in the Union, \ should feel myse:f recreant to my duty were | not to express an opinion on this important sub- ject. The question fairly stated ts: Has the constita- tion delegated to Congress the power to eoerce @ State into submission which is atrempting to with- raw or bas actually withdrawn from the con- federacy? If answered in the affirmative, it must ne on the principle that the power has been con- erred upon Congress to deciare and to make war sgainst a State, After much serivas reflection I vave arrived at the conclusion that no such power vas been delegated to Congress or to a’ other de- vartment of the federal government. itis mant- est, upon an inspection of the constitution, that ibis ig not among the specific and enumerated powers granted to Congress; and it is equally ap- varent that its exercise Is not ‘‘necessary and pro- ver for carrying into execation” any oue of these powers. So far from this power having been dele- vated to Congress, it was expressly refused by the ouvention which framed the constitution. It appears, from the proceedings of that body, hat on the Sist May, 1757, the clause “aa horizing w exertion of the force of the whole against a de- inquent State’ came up for consideration, Mr, Madison opposed it in a brief but powerful speech, rom which I shali extract bat 4 single sentence. de observed:—'‘The use of force against a State «ould look more like a declaration of war thaa «ny infliction of punishment, and would probably ve considered by the party attacked as a dissola- ion of all previous compacts by which it might be ound.” Upon his motion the claase was unaat- moualy postponed, and was never, | believe, again presented. Soon afterwards, on the Sth June, \781, when incidentally adverting to the subject, he said:—“‘Any government for the United States, ormed on the supposed practicability of using force against the unconstitutional proceedings of the States, would prove as visionary and fallacious ss the governnent of Sm we oy Nay = 2 < = ing the then existing Congress of con- ederat Without to Pimate wer spatter Seals aeverted that the power «at variance with the whole spirit and intent of the copstitation, Soppose such @ war shoald resnit % be conquest of a State, how are weto govern after words? Shall we hold it asa province, and vovernit by despotic power? In the nature of things we could not, by physical force, control the «ili of the people, and compel them to elect Sena- ‘ors and representatives to _ , and to per- orm all the otcer daties depending upon their own colttion, and required from the free citizens of o ree State #8 @ constituent member of the confede- ac Hut, if we possessed this power, would it be wise © exercise it ander existing circumstances?’ The sbject would doubtless be to preserve the Union. War would not only present the most effectaal means of destroying it, but would banish all ho) of its peaceable reconstruction. Besides, in ‘raternal conflict, & vast amount of blood and trea- -ure would be expended, rendering future recon- iiation between the States impossible. In the meantime, who can foreteil what would be the suf- ‘eriogs and privations of the people during its exis- tence! ‘The fact is, that our Union rests npon public opi- nion, and can never be cemented by the blood of ita citizens shed in civil war. If it cannot live in the iffections of the people, it — one Os pete. Sopgrens possess macy means of preserv! conciliation; but the sword was not pl in thet hand to preserve it by force. But may I be permitted solemnly to invoke my countrymen to pause and deliberate before the; letermine to destroy this, the grandest temple which has ever been dedicated to human free lom since the world began’ It has been consecrated by the blood of our fathers, by the glories of the vast and by the hopes of the future. The Union ae already made us the most prosperous, and, ere long, will, if preserved, gh 1 most power- ful nation on the e the ea In every foreign region of the globe the title’ of American citizen is held in the highest et. and when pronounced in a for- eign land it canses the hearts of our coaptrymen tr ewell with honest pride. Surely when we ress the brink of the sawning abyss, we shall revit with horror from the last fata! plooge. By sno a dread catastrophe the hopes of the mds of free: dom tronghout the world would be destr yo, and a long night of leaden despotiem woul! shrond the nations, Our exawple for more tioa eighty years would not only be lost, but it vo lt be quoted as @ conclusive proof that man i) ualt for self-government, It is not every wrong—nay, it ig not every gr cas wrong— which oan justify a resort to «« foarfal olternative. 1 ought to be t ast desperate remedy of a despairing ple, after every other constitutional means of conciliation | had been exhausted. We should reflect taat under this free government there is an inces- sant ebb anc’ flow in yonie opinion. The slavery juestion, like everything human, will have its jay. I firmly believe that reached and »assed the culminating point. But if, in the midst of the existing ex- citement, the Uni:\n shall perish, the evil may thea become irreparab.e. Congress can contribute much to avert it by vroposing and recommending to the Lapelatares or the several States the remed: for existing evils, which the constitution has itoelf provided for its own preservation, This has been ied at different critical periods of our history, and always with eminent suocess. 1: is to be found in the fifth article providing’ for its own amendment, Under this artic.e amendmats have been proposed by two-thirds of both houses of Congress, and have been ‘ratified by the Legisletures of three-fourths of the several States,” and hwve conseqnently be- come parts of the constitutiog. To rocess the country is indebted for the clause re a ng Congress fom passing any law respecting an es- tablishment of retigion or abridging the freedom of eech or of SO pap or of the right of petition. 'o this we are indebted for vxe Bill of Pights, which secures the people agaiuet any abuse of power by the federal government. Sach were the apireneees justly entertained by the fricnds of State rights at that period as to bewe rendered itextremely doubtful whether the constioution could have long survived witheut these amendments. Again, the constitation was amended by the eame process after the election of President Jeffer- son by the House of Representatives, in February, 1803." This amendment was rendered necessary to prevent @ recurrence of the dangers which had seriously threatened the existence of the govern- ment during the pendency of that election. The article for its own amendment was intended to se- cure the amicable adjustment of conflicting eonsti- tutional questions like the present, which might arise between the governments of the States and that of the United States. ‘This appears fromeoa- temporaneous hiatory. In this connection, I shall merely call attention to a few sentences in Mr. Madison's justly celebrated report, in 179), tothe Legislotare of Virginia. In this be ably and con- clusively defenaed the resuintions of the pre- ceding Legislature against the strictures of weveral other State Legishut These were mainly founded upon the ptest of the Virginia Legislature against the ‘Alien and Sedi- tion acts,” as ‘*palpable and alarming infractions of the constitation.”” In pointing out the peacetal and constitutional remedies—and he referred to none otfier—to which the States were authorized to resort on such occasions, he ceneludes by say- ing “‘that the Legislatures of the States Tight have made a direct representation to Cougress with a view to obtain a rescinding of the two of. fensive aets, or they might have represented to their respective Senators in Congress their wish that two-thirds thereof would propose an explana tory amendment to the constitution, or two-thirds of themselves, if such had been their option, might, by an application to Congress, have ob tained a convention for the same object.’ This is the very course which i earuestly recom mend in order to obtain an ‘‘explanetory amend meat’’ of the constitution on the subjeet of slavery. This might originate with Congress or the State Legislatures, as may be deemed most advisable to attain the object. This explapatory amendment might be confined to the final settlement of the true coastruction of the coustitation on three special poiuts:— 1, An express recognition of the right of proper- ty ip slaves in the States where it now exists or may beresfter exist. 2. The duty of protecting this right in all the common Territories throughout their territorial ex istence, ard uctil they shall be admitted as States into the Union, with or without slavery, as their Constitutions may prescribe, 3. A like recognition of the right of the master to have his slave, who has escaped from one State to auother, restored aud ‘delivered up” to him, and of the validity of the Fugitive Slave law enact- ed for this purpose, together with a declaration that all State laws impairing or defeating this right are violations of the constitution, aud are conse- quently null and void, It may be objected that this construction of the constitution has already been setted by the Sa- preme Court of the United States, and what more ought to be required? The answer is, that ® very large proportion of the people of the Uniced States sull contest the correctness of this decision, and never will cease from agitation and admit its biad- ing force until clearly established by the people of the several Sates in their suvereign character. Such an explanatory amendment would, it is be- lieved, forever tertwinate the existiug dissensions 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 Btates of the confedericy. In any event’ it onght to be tried in 4 spirit of conciliation before any of gee States shall scparate Uiemselyes from the bich. it has already RELATIONS. a as Our relations with great Britain are of the most friendly character. Siace the commencement of my administration the two dangerons questions arising from the Clayton and Bulwer treaty, and from the right of search claimed nf the British go- co gaa ave been amicably and hoaorably ad- usted. The discordant constructions of the Clayton and Bulwer treaty between the two governments, which, at diflereut periods of the discussion, bore a threatening aspect, have resuted ina (nal set Uemententirely satisfactory to this government. In my last annual Message I informed Congress that the Briueh government had uot then “com- pwr treaty arrangements with the repablice of jonduras aad Nicaragua, in pursnance of the an- derstanding between the two governments. It ts pevertheless confidently expected that this good work will ere long be accomplished.” This confi- dent expectation hassince beeufulfiiled. Mer Beitan- nic Majesty concluded a treaty with Honduras ow the 26th November, 1459, and with Nicaragua on the 25th August, 1860, relinqaishing the Moa- quito protectorate. Besides, by the former, the Bay Islands are recognized na a partof the repub- he of Honduras. It may be observed that the stipulations of these treaties conform in every im- it particular to the amcadments adopted by 1c ite of the United States to the LY £4 cluded at London on the 17th October, 1856, be- tween the two gov¢rnment. [t will be recollected it this treaty was rejected by the British govern- nt because of its objection to the just and im- tant amendment of the Renate to article re- lating to Ruatan and the other islands in the Bay of Honduras. It must be @ source of sincere satisfaction to all classes of our fellow citizens, and especially to these engaged in foreign commerce, that the claim on the part of Great Britain, forcibly to visit an search American merchant vessels on the high seas io time of peace, has been abandoned. ‘was by (ar the most dangerous qnestion to the peace of the two conntries which has existed since the war of 1812. Whilst it remained open, they might at any moment have a a ae into @ war. This was rendered manifest by the exasperated | state of pubtic feeling throughout our entire con- try, produced by the forctbie search of American mercbant vessels dy British cruisers on the coast of Cuba, in the spring of 1858, The a hailed with general acclaim the orders of the cretary of the Navy to our naval force in the Galf of Mexico, ‘‘to protect all vessels of the United States on the high seas from search or detention by the | veesels of war of any other natioa.”’ orders BAT | have proved fay equal to the delicate, —=—=————_——— PRICE TWO CENTS, of the United States, has changed his and has lost bis native character, He Sane® therefore, be compelled to serve in the French ar- | mies in case he should return to his native country, | These principles were announced in 1862 by the French Minister of War, and in two late cases have heen confirmed by the French judiciary. In these, two natives of France have been disc! from the French army because they had become American citizens. To employ I of our present Minister to France, who has gece service on this occasion, “I do not think our French naturalized fellow citizens will hereafter experience much annoyance on this subject.” I venture to predict that the time is not far distant when the other Continental Powera will adopt the sume wise and just policy which has done so muels hcnor to the enlightened government of the Empe- ror, In any event, our government is bound te protect the rights of our naturalized citizens everye where to the same extent as though they had drawn their first breath in this country, We cam recognise no distinction between our native amd naturalized citizens. RUS. Between the great empire of Rnssia United States the ‘mutual’ friendahip Bee “3 which have so long existed still contiaue to Preval, ‘od, it powsible, to increase. Indeed, our relations with that empire are all that we could desire, fran. _Our relations with Spain are now of @ more cema- lieated though less dangerous character than they ‘ave been for many years. Our citizens have long veld, and centinue to hold, numerous ciaime against the Spanish governmpnt. These had bees oN erged for a series of years by our successive aiplomatic representatives at Madrid, but without obtaining redress. The Spanish government agreed to institute @ joint commission for the justnent of these claims, and on the 6th day march ,1$60, concluded a convention for this purpose with our present Minister at . Under ‘thie convention, what have been denominated “ the Ou van claims,” amounting to $128,636 and 64 \n which more than one hundred of our fellow yeas are interested, were recognized, and the »panish government agreed to pay, $100,000 of thig aipount ‘within three months following the exchange ot ratifications.”” The ae of the remaining 325,635 54 was to await the decision of the Commia- sioners for or against “the Amistad claim,” bat naey event the balance was to be paid to the claimants, either by Spain or the United States, ‘hese terms, [ have every reason to know, are ly Forged | to the holders of the Cuban claims. lndeed, they have made a formal offer author! ihe State Departmeat to settle these claims, and te deduct the amount of the Amistad claim from the sams which they are entitled to receive from Spain. This offer, of course, cannot be accepted. All ether claims of citizens of the United States against Spain, or of subjects of the Queen of Spaim age the United States, including the ‘Amistad caim,’’ were by this convention referred to @ oard of Commissioners in the usual form. Neither the validity of the Amistad claim ner of any other claim aguinst either party, with the single exception of the Cuban claims, waa recognized by the convention. Indeed, the Spam- ish government did’ not insist that the validity of the Amistad claim should He thas recognized, not- withstanding its payment had been recommended to Congress by two of my predecessors as well aa by myself, and an appropriation for that p had passed the Senate of the United States. were content thet it should be submitted to the ird for examination and decision, like the other ims. Both governments were bound respective- ly to pay the ainounts awarded to the several ‘aimants “at such times and places as may be ao by and according to the tenor of said awards.” l transmitted this convention to the Senate for ‘he constitational action on the 3d of May, 1860, ond on the 27th of the succeeding June they det niued that they would *‘not advise and consent” te 1s ratification. There Picocotinas place our relations with nM nanawkward and embarrassing position. more then probable that the final adjastment these claims will devolvaupon my successor. Treiterate the recommendation contained ia snnual Meseage? of December, 1558, and repeat in that of December, 1859, in favor of the acquisidom: of Cuba from Spain by fair purchase. I firmly bee jeve that such an acquisidon would contri) ea- sentially to the well being and prosperity of countries in all futare time, as well as prove the ceria meous of immediately abolishing the African slave trade throughout the world. 1 would not repeat this recommendation upon the present occasion, if I believed that the transfer of Cuba te the United States, upon conditions highly favor- able to Spain, could jnstly tarnish the national honor of the proud and ancient Spanish monarchy. surely bo person ever attributed to the first Nape- ‘eon a disregard of the national honor of Franee, for transferring Loutsiana to the United States foe «fair equivalent both in money and commeroial odvantages. AUETIIA, BTO . With the Emperor of Austria, and the sere y Con inevtal Pieas of Europe, inctading that the Sultan, our relations continue to be of the most friendly character. OHTA The friendly and peacefnl policy pursued by the government of the United ites towards the em- pire of China has produced the most satisfactory resnits. The treaty of Tien-tain of the 18th of Juney 1558, has been faithfully observed by the Chinese avthorities. The convention of the 8th November, 5 ementary to this treaty, for the adjust- satisfaction of the claims of our citizens om china, referred to in my last annaal Message, haa been already carried into effect, so far as tus wae practicable. Under this convention the sum of 400,000 ta’ equal to about $100 000, was stipalated to be in satisfaction of the claims of American citizeas, out of the one-fifth of the receipts for tonnage im- port avd export duties on American vessels at the ports of Canton, Shanghae aud Fuchu; and it wae ‘agreed that this amount sball be ia fall liqaida- tion of al\ claims of American citizens ut the va- rious ports to this date.’ Debentures for this amount, to wit:—300,000 taels for Ganton, 100,000 for Shanghae, and 100,000 for Fuchaa—were de- livered according to the terms of the convention by the respective Chinese collectors of the customs of these ports to the agent selected by our Minis ter to receive the sume. Since that time the claims of our citizens have been adjasted by the Board of Commissioners ap- ted for that purpose under the act of March , 1859, and awards, which proved satiafae- tory to the cl ants, have been approved by our Minister, In agpremate they amount to eum of $495,694 78. claimants have recelted a proportion of the sums a to them out of the fund provided, and it is conf- denUy exyected that the rei will ere long be entirely paid. After the awards shali have satisfied there will remain a lus of more £200,000 at the disporition of Congress. As will in equity belong to the Chinese government, would not justice require its app ion to some benevolent chject in which the Chinese may be specially interestec Our to China, in obedience to his in- structions, has remained Bags ge in the war between (rest Britain and and the Chinese empire: although, in conjunction with the Russian Minister, he was ever ready and willing, liad the opportenity offered, to employ his offices in restoring peace between the is bot an act of simple jastice, both to our Minister and his predecessor, to state that bees FE Tu i aod responsible positions in whieh they have different occasions been yaece. ware might have prodaced an immediate collision he- tween the naval forces of the two coantrios. This | was most fortunately preventeé oy an appeal to the justice of Great and to the law of na- tions as expounded by her own eminent jurists. Tbe only question of any importance which still remains open is the disputed title between the two governments to the island of Kan Juan, in the | Ficinity of Washington Territory. As this eee. tion is still under negotiation, it ‘is not deemed ad- visable at the present moment to make any other alinsion to the subject. The recent visit of the Prince of Wales, ina 4 vate character, to the people of this country, hae proved to be a most auspicious event. In its con- sequences it cannot fail to increase the and kindly feelings which | trust may ever actaate the government and people of both countries in their political and social intercourse with each other. reasee, With France, our ancient and powerful ally, oor relations continue to be of the most friendiy cha- racter, A decision bas recently been made by « French judicial tribunal, with the approbation of the imperial government, which cannot fail to fos | ter the sentiments of mutual regard that have s> long existed between the two countries. Under | the French law no person can serve in the armies of France unless he be a French citizen. The law of France recognizing the nataral right of ¢x »atri- ution, it follows as a necessary Consequence that a Jul | changed at Washington on the mal | day. Fronchman, by the fect of having becomea citizen | ‘The ratifications of the tr with Japan, cleded at Jeddo on the tous Jel wr were y treaty itself was proclaimed on There is good reason to expect undew ite protection and influence, our trade inter course with that distant and interesting wilt rapidly fn Ae te Tatifications of the treaty were caapnoaee with unusnal solemnity. For this Wy --] Tycoon had accredited three most | Uingniehed abjects as Env Ministers Plenipotentiary, w treated with marked by the government and people of the U1 States. t- every reason to tcheve that they have re- | turned to their native land entirely with their visit, and inspired by the feal- ings for our country. oe the He ALAS itwelf, that * shall ene: between the United sates of his Ma- jesty the Tycoon of Ji ‘and his suc cessors.'’ ‘With the wise, conservative and Hberal govera- roont of the empire of Braail our relations continu to be of the most amicable f ter.