OCR Interpretation


The journal and Republican. (Lowville, N.Y.) 1860-1909, December 12, 1860, Image 1

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J fkr imnulj $c|nibliran KBW gaK O JSVSRY VVFDKESDAY Mf RMKO ' A T I.OW'VILUi. K. V., BV } Pfllf.r.ll'S , ElHTOft i l > K<>PRIETOR. „. M ^O...'D'1II«- «'\' ( -' ;f '>- '-'•\•• •\•«!»\\« lV ,U ,,. ,1,-LJiitlnup.liii.iil u!Urrrar \'*'\'\ «.,,-! af ilie «•!• ion nfilic TilMiPliT- JCB PWSTMIO. , KINDS OF JOB-PBHITINO DOmS » THE ^ BEST STYLE, WITH iSTKAM IMiKSSES. . ,, i.m.iM' i U.iiiMi. .-ii ( ffi.» I* n° * rtfPtn *' V' ' Ml J •'' ri-ii«''i! will t>t oxrc.ipil wli'h nealnrii V iratt XJi'e Pi , e*i<lf«l , !« Message. TV i.»/rt f Se<in/ettnl 'aiiHf \/ R<}>• eseuttifivc* t sit the y.'su- since our Inst. > country has (icon eminently .n al its material interests , li-.,li!i h.is been excellent. < hive been abundant, and •s throughout the, land.— re • an 1 manufactures have Hod with energy un.l iu.lns- e w •!!•.! fair and ample re- in 111 H pros 'h.'i. i.l i l spectacl e of ; t.h in wo hav e .ven t period . disconten t s<> * Unio n o f tin? :e of all tllt-s,. hdestruetion ? if.Mlipc tcrf'i-j tho , T „••• of th • Northern piv.pl.? with •Mu>;i of .slavery in the Southern has at lust .produced its natural T;i.- diff.-roiit sections, of the ed i ich ot .rr'iv.-d. so of his Co, ,.^p,rtic s This .(.•< he clai ' th, the al L\g •y !*. - - -ii llw cf. i defe.it th:' ex IV.hiW. A d -li t hiv e ben di , it JH. r.t o .• !,.•,-.: ) in Ilk- .wm-diat^V'-'il nt hNapp -.1 hi . n..t vet arriv - • •r to Go d is tha t He. • ('•institution an d the all generations . w .ruin g in (me, .md o f danger . It canno t udt.vent v vears , j Nort h a cry >r;.d han d hill s and inuuna - lis *•.•!•,. circulate d extensivel y l the 8.:iith, of a characte r t•> i>.is»e'iis ot th e slavis ; and , ?•!.- of Gen . Jackson , \to nd pro i- ho-r- r tiim has i of ; ice been con- . by the pro- L.) > It'.oll im,. of Congres ..lent spt.eche ect ; an d •r forms , n s. hav nlra l p. r tin- L'i woul d it settle tin. v-r. an d m * to m for whicl te.dci , i J to ma n I'.re C o v existi, peopl e sermon s an d s has b s on thi s i appeal s in p endorse d bv 3 bee n sen t f i:it, an 1 spi ee- een ev- nii- dis- jrt h be for th e Aner i settl e th e sb\ to restor e p straele d eoi m •, can d o if. co-uplis h th e th • slav e S t s to h e let al i- o thei r do m n way . ^As J the y alone , J *r,.j \ t j u , ( , K ] g anion s thei of il u Nort h er y ry ! Al l l ten Hie, -Sll. so v 1. ar e REPUBLIC\\ ESTABLISHKD IN 1^ TEHMS: $1,1.0 IN ADVAHCB ft Jlicel(il) )o\^m\ of fMi'm, -Veto?, l\httf\\te, ftW, Science, ftg^ie ^Ifqlre\^ li-qfi). VULUME 1. y LOWVILLE, sis LEWIS COUNTY, N.Y., WEDNESDAY, DECEMBER L2, 1860, make, but to execute the laws; und it is a remarkable fact in our history that, notwithstanding the. re pen tod efforts t»f the anti-slavery party, no single act has ever passed Congress, unless we may possibly except the Missouri Compro- mise, impairing in th ' s!i<rhfest degree the rights of th|> South to their property in slave*'. Aiffi it may aho bo observ- ed, judging from present indications, that no probability exists of the passa26 ofj such an act, by a majority of both hous- es, either in the present or the next, Con- gress. Surely, under th'v.e e.ircumstnn ces, we ought to be restrained from pres- ent action by the precept of Him who spake as never man spake, that \ Hiiffi oieiit unto the day is the, evil thereof/ 1 The day of evil may never coma, unless we »hail rashly hriri^ it upon ourselves. It, is all.ged as one cause for immedi- ate seeession that the Southern States ire denied equal rights with the other f^ States in tho common territories. Bit by what authority are these, denied?—- Not, by Congress, which has never pass d. and never will pass, any act, to ex hiving first med all peaceful and consti- tutional means to obtain redress would be justified in revolutionary resistance to the government of the. Union.i ^ 1 have purposfely confined my remarks to revolutionary resistance, because it has been claimed ^within the la'st few years that any State, whenever this shall be its sovereign will and pleasure, may secede from the Union, In awordance with the constitution? and without any violafion of the e,oiistil.uti,o(inl rights of Ihe other members of the confederacy. That as each became parties hi the Union by the vote of its own people assembled in convention, as ,uy one of them may retire from the Union in a similar man- ilde tlly t by these the Su- tler bv the vote of sucji a convention. In .'-rder t). justify secession aa a con- stifuttonal remedy, it must bo on the principle that the federal government is a more voluntary association of States, to dissolved at pleasure by any one of contraeting parlies. If this be vo, confederacy is a rope of sand, to be etrated and dissolved bv the first ad publ •rtfv, and, like all othe owners have a right ) the common territo meCr hat si; pro the St a : lu- ll, thi th' • State - i man y pe •s, ea.-h 01 ithou t res andisaildeuexe , Mh nselv < fn the SO •gilt b e a few v I v, jarriiiiranil hostile repub n\r .V'»'<i the I'nion. possibility, whenever imv cment. might imoel them to ;e. |{y this process a Union lirely broken into fragments ks, which cost, our forefathers of toil, privation and blood. IK appr not to anythin g the v hav e n bur, wha t tliev ma v <h> ' \ establUh . will s„r..| v b e admitte d \ , Su.-h a principl e is wholl y inconsisten t hen-e m o 1 ' future danger ' wU\\ th \ histor y as «el l a-> lh.> characte r s n o goo d i, as,m f .c an i m rtio.li.il >• dis \A ti n federal constiiufioi. . A he r it, wa s •olution of th e Union . It is tru e that, i frame d wit h t,he greates t deliberatio n and he T rritoria l I, 'gislatur e of Kansa s on care , it, wa s submitte d l.o convention s of he 23.1 of Febriiiirv , 1S(!0, passe d in ih \ peopl e of ih e severa l State s for rati ;rea t Ii isle an act. o'ver th e vet o of f!,e : lie ition. Its provision s w.- e dismsse d governor , declarin g tha t slaver y '• is, I a t lengi h in thes e I. .dies, omp-'se d of tn..i shall ; foreve r prohibite d in this- te r I the first me.* o f th e counlrv . Its o p •itory. \ 'Sue h an act. ho.vever . p'ainl v | ponent s e,.ntende d tha t it conferre d |»ow- .-iolating the rigln s of propert y secire d ;er s u p .11 th e federal government , da n iv the constiHMi.,1,, will surel y b e d e ' g • r I o I li- ri\h ! s of' I be S< ates , whi Is! •I.ired void bv th e judiciar y wheneve r it : \ s advocate s maintaine d tha t unde r ,•, .hall I) - prosecute d in a legal form . fiir constructio n of th e instrument , ther e O.ily th.-ee year ; after m y iriaugura- I «'^ »<> fouudntioii for suc h apprehension , ion, the Suprem e Curt of'th e Unite d 1 In that, might y struggl e lietwee n th e State s soHsmnlv adjudge d th.itthi s powe r : lir-t inlellects'o f t'Hs'o r an y othe r con n viht in'a-Territoria l legislature . ! try , it, neve r occurre d to an y individoal . Vet, sticl/ha s bee n th e fact f th e tin has bee n he peop l •ise to an iut th e ci ubli •s tin t t nper ellects'o f this ' •n occurred ng'tsoppo il v ,f this j t • asser t o r eve n to intimat e tha t thei r ir.pugne d hefore j elf u-ts were, ail vain labor , becaus e th e Ihe quettio'ii ha s give n \t. 1 .men t tha t an y Stal e felt hersel f ag ilitical connict. tlirmi-di- l -rieve d sh e migh t seced e from th e Union . Tao. e wh o hav e a p 'Whit a crushin g argumen t woul d thi s .< judgment , of ou r hig h | hnv \ pro \ ed agains t thos e wh o dreade d I Vrinunal to popula r a s ; ' h.it. th e ngh'- s of I b e Stale s woul d b e if the y could , inves t a endangere d by th e constitution . Th e crriLona l lev^latur e witii powe r to an ! trut h is, thal.i l wa s not. until man y year s ul th e sacre d right s of pro p r, v. The'.afte r th e origi n of the. federal govern - 'owe r o f Congres s is expressl y forbid . mea l tha t suc h a propositio n wa s first iii by th e federal const,tutb. n to oxe r | •'I vanced . It wa s the n me t an d refute d ise it. It canno t be exercise d in a m | by th e conclusiv e argument s of Genera ! Stat e excep t b y th e peopl e in thei r high- ! Jackson , wh o in ids messag e of i(Mi of 'ereig n capacit y whe n framing^ r j January . lS.'J't. transmitte d th e nullify in g ing thei r Stat e constitution . ordinanc e of S >uth Cirol'm a to Congress , k e manner , it can onl y b e exer - | e-mpi.iys th e followin g language : •'Tl: sed i>y th e peopl e sente d in a conven t he purpos e of fr.. ireparator y to ad n h e Union . Then , ire the y I\ a territor y repr i n of delegate s Ii. ing a cmistituti o sion as a Stat e int nd no t uiiiil the r 5h t of a peopl e of a single^ Stat e to vdv e themselve s at. wi!l,'an d withou t 1 consen t of othe r States , fro m thei r >st solem n obligations , and hazar d th e icrt y an d happines s o f th e million s este d wit h powe r t o decid e j composin g the, Union , canno t b j ne- ttle, questio n whethe r shiver y shaty o r kimwledged . Sic-h authorit y is believe d shall no t exis t withi n th;i r limits . Thi s to lie. utterl y repugnant , bot h to th e pri n is an ac t of sovereig n authorit y an d notjcipl e upo n whic h th e genera l governmen t of subordinat e territoria l legislation. — | is constitute d an d t o th'object s whic h it Wer e it oi h -raise , the n imbe d w->uld | Was expressl y forme d to attain. \ th e (.quality of the S ate s in th e t.errjtor- 1 ll > s »\ t pretende d (h it an y cl, ed. an d th e right s of pro f !d depend , no| up . of th e constitution , bu t ' majoritie s o f an irre - irial legislature . Suc h a ts intrinsi c unsoundness . ties ert v in slav e the giiarant r on th e shiT sponsibl e ter doctrine , fro canno t lon g ntlucnee , an y considerabl e portio n of ou r people , muc h less can it iliord a goo d reaso n for a dissolutio n of th e Union . Th e mos t palpabl e violation s of co n stitutiona l dut y whic h hav e bee n co m mit.ted, consis t in the. act s of different Stat e Legislature s t> defea t th e execu - n jf th e Fugitive ! Slav e Law . It that and h.r lilai .•»J sen A issia or Brazil. Upon an J p miotic forbear- ' \ ireatlv'relv.— W.laout their aid. k is hJvund'thj power nfuiu Pre-ident, no matter what may b- ;i'.s..,A-n political prediV-etions, to re- store pe ice and harmony among the S-ates. When limited and restrained as is his p-wer. inder our Constitution and la.ss. f, r e ,„j or f.r evil, on such a mo OIH.TV- that. f our fHow •esideut does flic constitution gives countenance to sueh a theory. It\ is altogether founded upon inference, not from any language contained in the instrument itself, but from the sovereign character of th-. sev- eral Slates by which it was ratified.— Hut it is beyond the power of a State, like an individual, to yield a portion of] its sovereign right-ito secure the remain ' der. In the language of Mr. Madison wh0 has been called the father of the coiMtitntion : \It was formed by th. States—that is, by the people of cad Slate, acting in their highest sovereign ty; and formed consequently by llieh nned th Anl this brings i, th • e!ec' : ',:i of any cri-/.-.u to the orllee 11 •' of itself nffi>rd so'.vmg tie- Union. \Tins is more espe ciatly true if his election is effected bv 1 mero plurality and not a majority, of th, pe .pie. ond has resulted from tratisien and t-nporal cans s, which may proba bly uev- r again occur. In order to jus | t.,!\ a resort to revoiut'c n iry resistance, the feJcr.il governmjut must be guilty of e d.'Iib 'rate, palpable and dangerous ex treise, of powers not granted by the Constitution. The late .Presidential election, however, has been held in strict conformity with express provisions.— How, then, can the result justify a revo- lution to destroy this very Constitution? Reason, justice, a regard'for the Consti tutioii, all require that we shall wait for some overt avid dangerous act on the part of the President elect before resort ing to su h a remedy. It is said, however, that the antecedents of the. President elect have been suffi eient, t.i justiy the fears'of the South that he will attempt to invade their constitu- tional rights. But are such apprehen si.ms of contingent danger in the future sufficient to justify the immediate de atruction of the noblest system of.gov- ernment ever devised by mortals?— th L\ l ver ? \ at \ ro o f hu office » and tne high re.spo !ls ii )ilitieS) he- must neces- sarily be conservative. The stern duty of admnnstering the vast and complicat- jovermnent aff.rd: t to be remembered, however, that ] the sa.ne uutl; forthese acts neither Congress nor any i State constitutions. President can justly be held responsible, j N'\* '* ihe government of the United Having been pass-d in violation of the j Stales, created by the constitution, f-deral constitution, they are, therefore, j a goveraiiuuit in the strict, sense of the nulland void. All the courts, both State i term, within the spher.- of its pow atid national, before, who n the question • th m the governments created by th\ h is arisen, have from the beginnsng de ! constitutions of the. States are, within dared the Fugitive Slave Uw to be con , their several spheres. It ; s. like them, stitutional. Tne single ex.eptto!i is that , organiz -d into legis!ati\c, executive, and of a State court in Wisconsin\ and this ' judici iry departmen'.s. It operates, hke has not only been reversed by the pro- , them, dirccrly on per<o;-,s and thing;; per appdlate tribunal, but his\ met with land, like them, it, has at command a such universal reprobation that tlure can I physical force for executing (( )a powers ie n« danger from it^s a precedent.— .committed to it. Tae>a!iditv of this-lavto'li is been estab ] It was in ten led to be per .etual and lished ove/and over again by the Su- nut to be aminll-d at the pleasure of any preme Court of the United States with one •« f the contraetin _' pi.ities. The old perfect unanimity. It is founded on an j articles of confederation were entitled express provision of the constitution, re- i '-Articles <d' Con federal ion and Perpetual quiring that fugitive slaves who escape \ ' T| iion between ilie. States; and by the from service in one State to another , I Jih article it is exp: cssl v declared that shall b - \delivered up \ to their mas ;'the articles of this confederation shall ters. Without this provision it is a well ' be inviolably observed by every State, known historical tact that the constitu land th.-. Un'm shall be perpetual.\ The tiifnits-lf 'could never have been adopt-! preamble to the Constitution of the ed by the convention. In one form or j United S ates, having express reference other under the .acts of 17i>3 and 18.»0, ; to the articles of confederation, recites both being substantially the same, th.- j that it was established \ in order to form Fugitive Slave Law has been the law of] a more perfect union.\ And yet it is the land from the days of Washington I c mtendod that this '- more p :rfect union\ until the present moment. ! does not include the essential attribute Here, then, a clear case is presented, i of perpetuit; ed concerns of \this in itself a ?')WMtee that ha will not at- tempt tional rje'li than the 1 govern.-ncn 1 . His r>f a clear constitu- A'tir all, he is nj more s ecutive officer of the province is not to in which it will be the duty of the next President, as it has been my own, to act with vigor in executing this supreme law against the conflicting enactments of State legislatures. Should he fail in the performance of ths high duty he will then have manifested a disregard of the constitution and laws, to the great injury of the people of nearly one-half of the States of the Union. But are we ti presume in advance that he will thus vi idate his duty? This would be at win with every principle of justice and of] Christian charity. Lit us wait for ^hel overt act, Tha Fugitive Slave L*w has been carried into execution in every con- tested case since the commencement of the present administration ; though often I is is to bs regretted, with great loss and inconvenience to theL_ master, and with considerable expense to pie government. Let usf trust that the St^fte Legislatures will repeal their unconstitutional arid ob- noxious enactments, unless this shall be done without unnecessary delay, it is impossible Tor any hitman power to save the Union. The Southern States, standing on the basis of the constitution, have A right to demand this; act of justice from thei States of the North. Should it be fe fused, then the constitution, to which all ttie States are\parties ^rWI Wv« ed s to .11 tin pairing the obliga ion of contracts.\— Moreover, \without tho consent of Con grcss, no State shall lay any imposts or duties on any imports or exports, except what may absolutely .necessary for e.xo cuting its inspection laws,\ and, if they exceed this amount, the excess shall be- long to the United States. And \ no State shall, without the con- soutof Congress, lay any duty of tonnage; keep troops, or ships of war' in times of pence; cuter into any agrcoment or com- pact with another State, or with a foreign power; or engage in war, unless actually , the ubj. invaded, or in such imminent danger as : The; will not admit of delay.\ {lie In order still further to secure the un- tb interrupted exercise of these high p »w- en ers against State interposition, it is pro- heretofor, vided \ that thiscoiiAtitutiBii und thelaws Charlesto of the United States which shall be made \ unfbrtuua in pursuance- thereof, and all treaties made or which shall be made, under the authority of tho United States, shall be] Unit the supreme law of the land; and the] has I Judges in every State shall be boi thereby, anything in the constitution or 'Slate,\ '-for tin 1 1 VH of one. State to the contrary iml-] zincs, arsenals, withstanding.\ ja Tlie solium sanction of religion has ' t been superadded to the obligations of ( official duty, and all Senators and reprc-' I sentalives of the. United States, all mem- I c bers of State Legislatures, and all Kx- ! c j $1,75 AT EKD OF THB TIAU there- ismo Martial to execute it, and where, even if there was such an officer, tho entire population would constitute one. solid combination to resist him.,' The bar..; enumeration of these, pro- visions proves how inadi quale thcV tiro without further legislation to overcome a united opposition in a single Stat^, not to speak id* other States who may'place themselves in a similar attitude. Con decido whether iinnot ! H po e amen- effectually consti tut .•Fable obstacles do not executing the laws f ir ollecliou of the customs. The rev- still continues to be collected, as at the Custom House in \ •and should the collectors' y resign, a successor may be 1 perforjn this duly. egard to the property of the 1 States in South Carolina. This been purchased by a fair equivalent, the consent of the Legislature of the •ction of foi appointed t Then, in ecc. exerc Ihe Ui 1 and Judicial oflie nl State id the shall be bound by oath \both < •aI Slate: ,f;pr utli ion\ has been expressly ^institution to Congress ieved that, ai xpef the Uni V by f, r .ver theRc the l that. usive legisla- rantcd by the -ess. It is not, be pt will be made to es from this prop- f in this I should made us th« most prosperous nhd, ere long, will, if preserved, render us the mo-t powerful nation on the facte of the earth. In every foreign region] of the globe the title of American citizen is held in the highest respect, and when pro- nounced in a foreign land it causes the hearts of our countrymen to swell with honest pride. Surely, when we reach the brink of the yawning abyss, we shall re oil with horror from the biht fatal plunge. By such a dread catastrophe the hopes of the friends of freedom thronghotit th\ world would bedestoyed, and a long night of leaden despotism would enshroud the nations. Our exam ild quoted unfit elf government. ' It is noti every wrong—nay, it is not every previous wrong—which can justify 6 resort to such a fearful al'ernative.— 'his ought to be the last desperate rem- edy of a despairing people, after every other constitutional means of conciliation Jiad been exhausted. We would reflect i would enshroud the nations. Ourexan }%le for more than eighty years won ;Iot only be lost, but it would bo quoh (ks a conclusive proof that man is unl 'for self government. mder tliii afiir be mist, of the foi the office ved <:rd free government there incessant ebb and flow of public opi Th i slavery question, like ever ithing human, will have its day. ( I firm Wlieve that it has already reached at passed the culminating point. But, if, on tho midst of the existing excitement, th. >rt thi In or.Je rs, the : 1 i m 1 carry into effect t titllliou has esta ct, government in all its >\ vc, executive and judicial ; rument, to the extent of ii directly upon the individui ,'ery State, and executes it • uld right full issaibmts. u thecxecuti isive. In such ibility for coii- • rest upon the n j Union shall perish, the. ovil may 1 then be •able. C Jal«t8 4 ^rtWtfjf \f «lf |mwitt.r 2 Squares I wetk, »'l,oo . I^enr, ddfrs ntirclj anthm po>si el ined to co It thus be id • rdei d to makiu . U the,.'.sow-, in the disca •y or reh.se, iqily with . ingUiIbar Id act ditvcti ly up. la vis ; perfect '.tablish a government which 1 the people and •ithout the inter- mediate, agency of the States. This has been accomplished by the constitution of the United States. In short, the government created by the constitution, and deriving its author- i-y from the so\ crci <d the several States, same right to e.\ercis< L-iscly Uu e Unit allv But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferr- ed by the constitution on the federal gov- ernment. These powers embrace th\ very highest attributes of national sov- ereignty. They pUce both the sword and the purse under its control. Con grcss has power to make war, and to make peace; to raise and support arm ies and navies, and to conclude treaties with foreign governments. It is invest ed with the power to coin money, and to regulate tha value thereof, aid to regu late commerce with foreign nations, and among* the several States. It is not ne . cessary to ehumerkle thB other highd] powers which have l^een conferred upona the federal government. Iu order U> carry the enumerated powers'into effect. Congress'possesses the exclusive right to lay and collect duitiea oti imports, and common with the States tn lay and col lect all other taxes. t But the constitution has not only con ferced tticsahigh powers upon Congress, but it has aanj>ted effectual means to re-, strain the States from interfering with their exercise. For that purpose it has, in strong prohibitory language, expressly declared that \noBtate shall enter into any treaty, aHiancel, or confederatumj; grant' totters of marque aaS- i-eprisit; ,_ •%. _^_^- . i^_!» i^ii^. _ r —_J- wilifuily trfotkterd by one-potion u f tbeiitrfew* rooftey f- imit bills of cradvtR make in a provision'essential to the domestic: any thing but gold and silver coin a tender security and happiness of the remainder. | in payment x>f debts; pass any bill ofj In that event, the injured States, after | attainder, ex post facto law, or law im- 1 peopl s pre, powc people of these States, in the ted case--, that each one of the over subjects not delegated to States, but \reserved to the h peetively, or to the people.\ To the extent oft h • del.gitcd p the c stituliou of the United Sta as much a part of tl e constituti each State, and is as binding up. people, as though it had been te.i inserted therein! This government, therefore, is a great and powerful government, invested wilh all the attributes of sovereignty over the special subjects to which its author- ity extends, lis t'ramers never intended to implant in its bosom the seeds of its own destruction. It was not intended by its framers to be the baseless fabric of a vision which, at the touch of the enchanter, would vanish into thin air. but a substantial and mighty fabric, ca' I pible of resisting the slow decay of; time, and of defying the storms of ages.' Indeed, well may the jealous patriots of that day have indulged f-ars that a gov eminent of such high powers might vio late the reserved' rights of the States, and wisely did they adopt a rule of a strict Construction of these powers so prevent the danger. But they did not fear, not- had they any reason to imagine, tint the constitution would ever be so interpret ed as to enable any State, by her own act, and without the consent of her sister States, to discharge her people from all or any of their federal obligations. It may be asked, then, are the people of the States wi:h iut redress against the tyranny anl oppression of the federal government? By no means. The right of resistance on the part of the governed against the oppression of their govern- ments cannot be denie 1. It ixists hide pendent of all constitutions, and has been exercised at all periods of the World's history. Under it old governments h ive been destroyed, and new ones taken their place. It is embodied in strong and express language in our own Dec larattou of Independence But the dis tinction must ever be observed, that this is revolution against an established gov eminent, and'not » voluntary secession from it by virtue of an inherent consti- tutional right. _ In short, let us look the danger fairly in the face; secession is neither mo -o nor less than revolution.— It may or it m ly not be. a justifiible revolution. What, in the meantime, is tht respon sibility and true position of the Etecu tive?^ He is bound by solemn oath be- fore God and the country \to lake care that the laws be faithfully executed,\ and from this obligation he canuot be absolved by any human power. R»t what if tho perform nice of this duty, in ! whole or in part, has been rendered im E racticable by events over which he c.'d ave exercised no control 1 Such, at the present moment, is the case, throughout the State of South Carolina, as far as the laws of the United States to secure the] ad ministration of justice by means of 1 the federal judiciary are concerned. All the federal officers within-its limits, thro' whose ageuey alone these laws can be carried into execution, have already reigned. We ut> longer have a District Judge, a District Attorney, or a Marshal, ill South Carolina. In tact, the whole machinery of the federal governmeut, necessary for the distribution of remedial justice among the people, has been de- molished; and it would be difficult, \i not impossible, to replace it. The only acts of Congress 00 the. • statute book ^hearing upon thi«.subjectJ are those of die 28th February, 1795^ and 31 March, 1807. These authorize the Ilfasident, after ho shall have aacet- . uinad ^hat the Marshal, with bis posse onmAtotus, i* uiiable to execute\ 4*1? Or criminal process in any particular casf, I to c*U forth the militia and enaplpy the 1 , army and navy to aid htm in performing |hi# rsejrvicie, having fir3t by Droclam*- UoPicommanded thu iusurgenS \t o dia- perse and retire peaceably to their res- pj^tive abodes, within a. limijed time.** This dutjr cannot by possibility Be p$r , formed in a State where no judicial au- thority exists to issue process, and where foreig n Jr n o such' res d o thi s w o ac t of usur ; dut y t o sul questio n in that, th e 1 * the. in o f th e laws , I icable , th e Ex - J > decid e wha t j - betwee n th e Fed- I I Sout h Carolina. — ' d wit h n o suc h dis- i o powe r t o l ; heretofor e existin g f h less to acknowledg e • f that: State . Thi s a mer e Executiv e of , r of recognizin g th e j nfederacyamongour ] sovereig n States . It bear s j ice to th e recognitio n of a j 'do government , involvin g visibility . An y attempt! 1 to d, on hi s part , be, a nake d tion . It is, therefore,,- m y nit to Cougi-.'ss th e whol e II its bearings . Th e cours e «> rapidl y hastenin g forwar d oiitri but e muc h to aver t it by proposin g an d mendin g to th e legislature s of th. uned y for existin g la s itself on. This tl periods istitution severa l State s evils, which th provided for its own preserv has been tried at different cri of our history, and always with success. It is to be found in the fifth •tide providing for its own amendment. Ie amendments have been o-tlu'rds of both houses of ave been \ratified by the live fourths of the several Underlhi: prop. ic.l by tv JSS, and of thei .,»' and ha of the Cl uly sth. itution. To indebted for this pro- the clause 1 country, ting Congress from passing any ipecting an established religion or Ig'mg the freedom of speech or of ;eticy may >e called npoi question wl er, by fb compel a State to remain iir the Union. I should feel myself recreant to my duty were I not to express all opinion on this important subject. The question fairly stated is: Has the Constitution delegated to Congress the power to coerce a State into submission, which is attempting to withdraw or has virtually withdrawn from the Confeder- acy ? If answered in (the ulnrmative, it must be on the principle that the power lias been conferred upon Congress to de- clare and make war against a sState.— After much serious reflection, I have arrived at the conclusion ' that no such [lower h-.s been delegated to Congress or to any other department of the Federal Government. It is manifest, upon an inspection of ihe Constitution, that this is not among the specific and enumerated Cm; Tyin g 1 powers granting to Congr. equally appr,rent that its 'necessary and proper for execution\ any one of these powers. So fiir from this power havingbeendelegated to C mgress, it was expressly refused by the Convention which framed the Consti- tution. It, appeirs from the proceedings of that body, that on the .'J 1st of May, 1787, the clause, \authorizing an exertion of the forca of the whole against a delinquent delinquent State,\ came up for consider- ation. Mr. Madison opposed it in a brief but powerful speech, from which I shall extract lint a single sentence. He ob- served : \The use of force against a State would look more like a declaration of war than any infliction of war than any infliction of punishment, and would pro baly be considered by the party attacked as a dissolution of all previous compacts by which it might be bound.\ Upon his motion the clause was unanimously postponed and was never, 1 belive, again presented. Soon afterwards, on the 8th June, 17.87, when in'cidenly adverting to the subject, he said :—\Any Government tor the United States, formed on the sup- posed practicability of using force againt the unconstitutional proceedings of the States, would prove as visionary and fa! lacious as the, Goverment of Congress\ ev d-'ntly meaning the thttn existing Ccn gress of the old confederation. Without descending to particulars, it may be safely asserted, that the pnver to make war against a Suite is at w vari- ance with the whole spirit of the Consti- tution. Suppose such a war should Y-esult 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 peqple, aod com- pel them to elect Senators .and Kepresen tatives to Congress, and to perform nil the other duties depending upon their own volition, and required, from the. free citizens of a free State as a constituent member of the confederacy. But, if w<e possessed this power, would it be wise to exercise it under existing circumstances ? The object would doubt- less <be to preserve the .Union. War would not only present the most effectu- al means of destroying it ; but would banish all hopes i>{ its peaceable rt con- struction.. Besides, in the] fraternal con- flict a vast amount of blood and treasure would be expanded, rendering future re- conciliation between the States impossi- ble.. In the meantime, who could fore- tell what, would be the sufferings and privations of the people during its exist- ence 1^ The /act is, our Union rests upolr public opinion and can if ever be cement- ed bjr the blood of its citizens in civil wajv If it cannot five in] the affectionsof j the people, it must onfe [day perish.— Congress possesses many means of pre- serving it by conciliation ; but the sword; was not placed in their hapds to preserve it by force. * But may I-be permitted solemnly to 1 ] invoke rojr countrymen to pause and de- liberate before they determine \to destroy this, the grandest temple! which has ever bsen dedicated to htti^anli freedom since ( the world began t tt has* been consscrat- thc press, or of the right of petition. To this we are, also, indebted for the Bill of the Ilights, which secures the people rgaitist the abuse-of power by the feder- al government. Such were the appie- hensions justly entertained by the friends of State rights at'the period as to have rendered it extremely doubtful whether to decide ! the constitution could have long survived jther you : without these amendments, nrms to 1 Again, the Constitution was amended by ihe same proce^ after the election of President Jefferson by th,c House of Re- presentatives, in February, 1803. This amendment was rendered necessary t<; prevent a recurrence of the dangers which had seriously threatened the exist- ence of the governmeut during the pend ency of that election. The article for its own amendment was intended to secure the amicable adjustment of conflicting constitutional questions like the present, which might arise between the govern- ments of the States and that of the Unit- ed States. This appears \from content 1 poraneous history. In this connection, 1 shall merely call attention to a few sentences in Mr. Madison's justly cele- brated report in 1799, to the Legislature of Virginia. In this he ably and con- clusively defended the resolutions of the preceding Legislature against the stric- tures of several; other State Legislatures. These were mainly founded upon the protest of the Virginia Legislature against tho \Alien and Sedition acts,\ as palpable and alarming infractions of the Consti'ution. In pointing out the peace- ful and Constitutional remedies—and he referred to none-other—to w hich thi States were anthorized to resort on such occasions, he concluded by saving, \th the Legislatures of the States mijlit ha- made a direct representation to Con^ with a view to obtain a rescinding of the two offensive acts, or they might have represented to their respective Senators in Congress their wish that two-thirds thereof would propose an explanatory ameudment to tlie Constitution, or two- thirds of themselves, if sueh had been their option, might, by an application to Congress, have obtained a convention for the same object.\] This is the very course which I earn- estly recommend in order to obtain an \explanatory amendment''of the Consti- tution on the subject of Slavery. This might originate wilh C mgress or the State Legislatures, as may be deemed advisable to attain the object. This explanatory amendment might be confined to the final settlement of the true construction of the Constitution on three special points: 1. An express recognition of the right of property in slaves in the States where it now exists or may hereafter «xist. 2. The duty of protecting this right in all the common Territories throughout their territorial existence, and until they shall be admitted as States into the Un ion, with or without Slavery, as their Constitutions may prescribe. 8. Alike recognition of the right of the master to have his slave, who has escaped from one Sta'e to another, re stored ond \delivered up\ t o him, and of tHe validity of the Fugitive Slave law enacted for this purpose, together with a declaration that alt State laws impairing or defeating this right are violations of the Constitution, and are* consequently uull and void. It may be objected that this construc- tion of the Constitution has already been settled by the Supreme Court of the United States, and what more ought to be rttqnired ? The answer is that a very 1 argil proportion of the people of the United States still contest the correctness of this decision, and never will ceaje from agitation and amit its binding force until clearly established by the people of the sevpnit 8tates*iri their sovereign charac- ter. Such an explanatory amendment WH»M, ifrie believed, forever terminate the existing dwseo turns and restore peace arid bsrmoiiy among the States, A It ofeght not W be doubted that such an appeal to the > abitramec establ ished bjr the Constitution itself would be re •eivod w4tb favor by all the States of the confederacy. Inwhy event it ought to be tried in a spirit of conciliation before any Of these States shall separate them* selves from the ^Jnion. When 1 entered upon the duties of the Presidential office, the aspect neither of] oar fereignt&qf domestic affairs was atj alt setisiujtoryv W e were involved in dangerous complications with sereral v nations, and two of our Territories were ed by the blood* of our fathers, by t*©^** astateof revolutiou against*he gowl { NEW SERIES—Nd. 50. advocates. Unlawful military cxpedi- lioos were countenance.! by many of our citizens, and were suffered,\ in defiance of the efforts of the government, to escape from our shores, for tho purpose of making war upon the unoffending peop'e of neighboring Republics, with whom we were at peace. In addition to toWeand other difficulties, we experienced, a revul sion in monetary affairs, soon after mv advent to power, of unexampled severity iiuous consequences to all the great interests of the country. When we take a retrospect of what wus then onr condition, and contrast this with its material prosperity at the time of the late, Presidential election, we have abun- dant reason to return our grateful thanks to that merciful Providence which. ha»r\ never forsaken us as a nation in all^fur past trials. . / OUR 10RKI<;N ItEI.ATlQKS. • OftKAT liUITAlN / Onr relations with G$*ut Britain are of the most friendly chVfriicte'r. Since the commencement. ./-,,» administration ,],,. two dangen.us.qnestions arising r r „ m t]|( . Clayton nod\ Bulwcr treaty, and from the right'b!'search claimed by the British Government, have been amicably and honorably adjusted. The discordant construction of the Clayton and Bulwer treaty between the two governments, which, at different pe- riods of discussion, bore a threatening as- pect, have resulted in a final settlement entirely satisfactory to this Government. In my last annual r.icssage I informed Congress that thn British Government had not then \completed treaty arrange- ments with the Republics of Honduras and Nicaragua, in pursuance of the un- derstanding between the two govern- meuts. It is, nevertheless, confidently expected that this good work will ere I long be accomplished.'' This confident xpectation has since been fulfilled. Her Britannic Majesty concluded a treaty with londuras on the -2Sth November,\l859 nd with Nicaragua on the 28th 1860, relinquishing the Mosqi tect orate. Besides, by the former,the Bay Islands are recognized as a part of the Republic \ Honduras. It may bo observed that the stipulations of lhese;treaties conform in every important particular to the amendments adopted by the Senate of the United States to the treaty conclud- ed at London on the 18th October, 1856. between the two Governments. It will be recollected that this treaty was reject- ed by the British Government' because^ of its objection to the just and important amendment of the Senate to the article relating to Ruatan and the other islands in the Bay of Honduras. It must bea-sourcc of sincere satisfac- tion to all classes of our fellow citizens, and espcciajly to those engaged in for- eign commejree, that the claim, on the part of Greht Britain, forcibly to visit and search American merchant vessels on the high seas in time of peace, had been abandoned. This was by far the most dangerous question to the peace of the two countries which has existed since the war of 1812. Whilst it remained open, they might at any moment have been precipitated into a war. This was rendered manifest by the exasperated state of public feeling throughout our entire country, produced by the forcible search of American vess- el's Ly British cruisers on the yoast of Cuba, in the spring of 1858. TWe Amer- ican people hailed with general acclaim the orders of the Secretary of the Navv to our naval force in the Gulf of Mexico, -to protect all vessels of the United States on the high seas from search or detention by vessels of war ot any other nation.\ Tinse orders might have pro- duced an imnr.diats collision between the naval forces of the two countries. This was most fortunately prevented by an appeal to the justice of Great Britain and to the law of nation as expounded by Ten lines make A t^iK ^ U»o a *|uar« It la chario.l a ireemeni u»ad«toih e contraryT' The J*»m,| w d Republic™ h „ a , 8rf e elmiUita, - msaffbMl.ijta durable medium f „ r adtcrti*ir. r . ngust, > P™- giories of the past the future. The and by the hopes of] Union has already' importance he disputed Ttiments to nity ot . q'ues- ornment. A restoration of the African s'ave trade bad numerous and powerful Her own eminent jiu The only question of any which still remains open is title between the two govcrnti the island of San Juan, in the vi< Washington Terriiory. As th; tion is still under uegociation, i deemed advisable, at the present moment to make any other allusion to the sub- ject. The recent visit of the Prince of Wales in a private character, to the people of this country, has proved to be a most auspicious event, In its consequences it j cannot fail to increase the kindred and ' kindly feelings which I trust may ever actuate tjie Governments and people of bothcountri.is in their political and social intercourse between each other. FPAVCE With France, our ancient and power- ful ally, our relations continue to be of the most friendly character, A decision has recently been made by a French ju- dicial tribunal, with the approbation' of the Imperial government, which crWot fail to foster the sentiments of mutual regard which have so long existed be- tween 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\* recognizes the natural right of expatriation, it fol- lows as a necessary consequence that J a Frenchman, by the fact of having become a citizen of the U.iited States, has chang ed his allegiance and has lost hi native, character. He cannot, therefore, be com- pelled to serve ih tho French armies in case ho should return to bis native coun- try, These principles were announced in 1852 by the French Minister of War, and in two late cases have been confirm- ed by the French judiciary. In these, two natives oft, France have! been discharged from the French nrmy ; because they had become American citi-', zens. To employ the language of our' present Minister to France, who hr.s rendered good service on this occasion, \•I do not think our,'French naturalized fellow citizens will hereafter experience much annoyance on this subject\ I ven-. turetoyresiaac-t thai the time is not far- distant when the other Continental Fow-' ers will adopt the same wise and just policy which has done so much honor .j to tho tnligtened government of the]' Emperor. In «ny <event our govern- ment is bound to protect the rights of our naturalized eitStens everywhere to' the same extent as though they had drawn their first breath in this country. W e cafi recognise no distinction between our native and naturalized citizens. BU68IA. Between the great .Empire of Russia\ and the United States the mutual friend! •hipjrtd regard which has so'long exist- ed still continues to prevail, and, if poss£ Me, to increase. Indeed, our relations *ith that Empire are all that we could desire. - SPAIX. Our relations with Spain are now of t more complicated though less danger- ous character than they have been for many years. Our citizens have long held, and continue to hold numerous claims against the Spanish Government. These have been ably urged for a series of years by our successive diplomatic re- . presentative at Madrid, but without ob- taining redress. The Spanish Govern- ment finally agreed to institute a joint commission for the adjustment of these claims, and on the 5th day of March | l)*o1), coucltided a convention for the purpose with our present Minister at Madrid. Under this convention, what have' been denominated \the Cuban claims,\ amounting to * 128,035 and 54 cents, in which more than one hundred of our fellow citizens are interested were recognized, and tho Spanish Gov- ernment agreed to pay $100,000 of this amount \within three months following the exchange of ratifications.\ The pay- ment of the remaining $.28,635 54 was to await the decision of the Commisioners 1 for, or against, thy Amislad claim,\ but in any event tho balance was to bo paid to tile claimants, either by Spain or the United States. These terms 1 have evey [ reason to know are highly satisfactory to ! the holders of Cuban cfaiins. Indeed, they have made a formal offer authoriz- ing the State Department to settle these claims, ai«» to deduct the amount of tht- Amistad claim from the sums which thcy are entitled t« receive from Spain. Thi\- offer, of conrse r cannot be accepted: All other cbiias of citizens of the United States against Spain, or of sub- jects of the Queen of Spain against the , United States, including the ''Amistad claim,\ were by thiscouvetilinii referred to a board of commissfuners in the usual form. Neither the validity of the Ami- ,'stad claim nor of any other claim against ; either party, with the single exception of the Cuban claims, was recognized by tho. , convention. Indeed, the Spanish govern- ' ment did not insist that the. validity ot the Amistad claim should be thus> recog. nized notwithstanding i s payment had. been recommended to Congress by two of my predecessors as well as by myself, and an appropriation for that' purpose had passed the Senate of the United States. They were content that it should be submitted to the board for examina- ' = tion and decision, like the other claims. Both governments were bound respec- tively to pay the amounts awarded to , the several claimants \at'such times and places as may be fixed by and according to the tenor of said awards.\ I transmitted this Convention to the Senate'for their Constitutional action on the 3d\c?f May, I860, and on the 27th of the succeeding June they determined that thcy-would \not advise and consent'' to its ratification. These proceedings place our relations with Spain in an awkward and embar- rassing condition:, It is more than prob- able that the final adjustment of these claims Will devqj've f ttpon my successor. I reiterate the recommendation con- tained in'my anrufcil.Message of Decern- , her, 1858*, and repeated in that .of 1859, in favor of the acquisition of Crfba from • Spain by fair purchase..- j firmly believe that such an . acquisition would , contri- bute essentially\ iof.tbfc w.ell being arid prosperity of both ccAjntriesJn all .future, time, as well as prove tf\e certain means of immediately.,. abo]ishij(g -the\ African, slave-trade throughout the world, ,-f ' would not repeat, -this . recoti\mendjTtion*» upon the present, occasion, if, I .believed '» that\ the transfer of Cuba'to the United Slates^upon conditions highly favorable to Spain, could justly- tarnish the nation-\ al honor.of the proud and ancient Span- ish monarchy. .Surely; no person over attributed to the first Napoleon'a -disre- gard of the national, honor of France, for transferring Louisiana to,\\ the Unite?! States for a fair equivalent bo)h in-mon- ey-and commercial-advantage. AfSTBIA, ETC. With the Empvryr 'of Austria, and the' remaining Continental Powers of- Kuropei including that of thc-SuItan, our relations continue to .be of the most frieiidjy character. ciiri-A. The friendly and pracfi. id poti. sued by the Government of the United S'ates towards tho empireof Chiini ba-s produced the most - satisfactory results. The-treaty of Tientsin of the 18th of June, 1858, ha* been faithfully observed by theChinesc authorities. The conven- tion of the 8th November, 1858, suppli- menta'ry to this treaty, for the adjust- ment and satisfaction of the claim* of our citizens on China, referred to in my last annual-Message, has already been carried' into effect, so far as this was practicable. Under this convention the sum of 500,000 taels, equal Eo rtboirt §700,000, was stipulated to be paid in satisfaction of tho claims of American citizens, out of the one-fifth of the receipts for tonnage 'mport and export duties on American esscls at the ports of Canton, Shanghae, and Fuchau ;, and it was '-agreed that this amount should be in full liquidation of all claims of American citizens at the various ports to this date.\ Debentures for this amount, to wit:—300,000 taels from Canton, 100,000 from Shanghae, and 100,000 from Fuchau—were deliv- ered .accordingly to the terms, of the con- vention by the respective Chijnese collec- tors of the customs of these ports to the agents selected by our Minister to receive the same. / Since that time the claims ^f ourculi- zens have been adjusted by the • Board of Commissioners appointed for that pur- pose under the act of March 3, 1859, and their awards, which proved satisfactory to the claimants, have been approved by our Minister. In the aggregate they araountto the sum of $498,694 78. The cluimante have already received a large proportion of the sums awarded to them out of the fund provided, and it is confi- dently expected that the remainder will ere long be entirely paid. After the awards shall have been satisfied there will be a surplus of more than #300,000 at the disposition of Congress. As this will in equity belong to the Chinese gov- ernment, would not justice require'its appropriation to sonle benevolent object in which the Chinese way be specially intertested f ^ • ^ Our JMMfbWto Chi**, in obedience to hisinstruofioai, has: remained perfectly ueutrel in the wa*/between Great Brit- '~~ ~ «nee*Bdjbe Chinese Empire ; ia oenjenctioR with the Bus- be. was ever ready atfd willing, had th« opportunity offered, to .

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