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 energy and industry, and have yielded fair and ample returns. In short, no nation in the tide of time has ever presented a spectacle of greater material prosperity than we have done until within a very recent period. Why is it, then, that discontent now so extensively prevails, and the Union of the States, which is the source of all these blessings, is threatened with destruction? The long-continued and intemperate interference of the Northern people with the question of slavery in the Southern States has at length produced its natural effects. The different sections of the Union are now 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 impending danger. This does not proceed solely from the claim on the part of Congress or the Territorial legislatures to exclude slavery from the Territories, nor from the efforts of different States to defeat the execution of the fugitive-slave law. All or 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 immediate peril arises not so much from these causes as from the fact that the incessant and violent agitation of the slavery question throughout the North for the last quarter of a century has at length produced its malign influence on the slaves and inspired them with vague notions of freedom. Hence a sense of security no longer exists around the family altar. This feeling of peace at home has given place to apprehensions of servile insurrections. Many a matron throughout the South retires at night in dread of what may befall herself and children before the morning. Should this apprehension of domestic danger, whether real or imaginary, extend and intensify itself until it shall pervade the masses of the Southern people, then disunion will become inevitable. Self-preservation is 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, however fraught with blessings and benefits in all other respects, can long continue if the necessary consequence be to render the homes and the firesides of 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 has not yet arrived, and my prayer to God is that He would preserve the Constitution and the Union throughout all generations. But let us take warning in time and remove the cause of danger. It can not be denied that for five and twenty years the agitation at the North against slavery has been incessant. In 1835 pictorial handbills and inflammatory appeals were circulated extensively throughout the South of a character to excite the passions of the slaves, and, in the language of General Jackson, "to stimulate them to insurrection and produce all the horrors of a servile war." This agitation has ever since been continued by the public press, by the proceedings of State and county conventions and by abolition sermons and lectures. The time of Congress has been occupied in violent speeches on this never-ending subject, and appeals, in pamphlet and other forms, indorsed by distinguished names, have been sent forth from this central point and spread broadcast over the Union. How easy would it be for the American people to settle the slavery question forever and to restore peace and harmony to this distracted country! They, and they alone, can do it. All that is necessary to accomplish the object, and all for which the slave States have ever contended, is to be let alone and permitted to manage their domestic institutions in their own way. As sovereign States, they, and they alone, are responsible before God and the world for the slavery existing among them. For this the people of the North are not more responsible and have no more right to interfere than with similar institutions in Russia or in Brazil. Upon their good sense and patriotic forbearance I confess I still greatly rely. Without their aid it is beyond the power of any President, no matter what may be his own political proclivities, to restore peace and harmony among the States. Wisely limited and restrained as is his power under our Constitution and laws, he alone can accomplish but 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 fellow-citizens to the office of President does not of itself afford just cause for dissolving the Union. This is more especially true if his election has been effected by a mere plurality, and not a majority of the people, and has resulted from transient and temporary causes, which may probably never again occur. In order to justify a resort to revolutionary resistance, the Federal Government must be guilty of "a deliberate, palpable, and dangerous exercise" of powers not granted by the Constitution. The late Presidential election, however, has been held in strict conformity with its express provisions. How, then, can the result justify a revolution to destroy this very Constitution? Reason, justice, a regard for the Constitution, all require that we shall wait for some overt and dangerous act on the part of the President elect before resorting to such a remedy. It is said, however, that the antecedents of the President-elect have been sufficient to justify the fears of the South that he will attempt to invade their constitutional rights. But are such apprehensions of contingent danger in the future sufficient to justify the immediate destruction of the noblest system of government ever devised by mortals? From the very nature of his office and its high responsibilities he must necessarily be conservative. The stern duty of administering the vast and complicated concerns of this Government affords in itself a guaranty that he will not attempt any violation of a clear constitutional right. After all, he is no more than the chief executive officer of the Government. His province is not to make but to execute the laws. And it is a remarkable fact in our history that, notwithstanding the repeated efforts of the antislavery party, no single act has ever passed Congress, unless we may possibly except the Missouri compromise, impairing in the slightest degree the rights of the South to their property in slaves; and it may also be observed, judging from present indications, that no probability exists of the passage of such an act by a majority of both Houses, either in the present or the next Congress. Surely under these circumstances we ought to be restrained from present action by the precept of Him who spake as man never spoke, that "sufficient 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 States 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 property, and, like all other property, their owners have a right to take them into the common Territories and hold them there under the protection of the Constitution. So far then, as Congress is concerned, the objection is not to anything they have already done, but to what they may do hereafter. It will surely be admitted that this apprehension of future danger is no good reason for an immediate dissolution of the Union. It is true that the Territorial legislature of Kansas, on the 23d February, 1860, passed in great haste an act over the veto of the governor declaring that slavery "is and shall be forever prohibited in this Territory." Such an act, however, plainly violating the rights of property secured by the Constitution, will surely be declared void by the judiciary whenever it shall be presented in a legal form. Only three days after my inauguration the Supreme Court of the United States solemnly adjudged that this power did not exist in a Territorial legislature. 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 conflicts throughout the country. Those who have appealed from this judgment of our highest constitutional tribunal to popular assemblies would, if they could, invest a Territorial legislature with power to annul the sacred rights of property. This power Congress is expressly forbidden by the Federal Constitution to exercise. Every State legislature in the Union is forbidden by its own constitution to exercise it. It can not be exercised in any State except by the people in their highest sovereign capacity, when framing or amending their State constitution. In like manner it can only be exercised by the people of a Territory represented in a convention of delegates for the purpose of framing a constitution preparatory to admission as a State into the Union. Then, and not until then, are they invested with power to decide the question whether slavery shall or shall not exist within their limits. This is an act of sovereign authority, and not of subordinate Territorial legislation. Were it otherwise, then indeed would the equality of the States in the Territories be destroyed, and the rights of property in slaves would depend not upon the guaranties of the Constitution, but upon the shifting majorities of an irresponsible Territorial legislature. Such a doctrine, from its intrinsic unsoundness, can not long influence any considerable portion of our people, much less can it afford a good reason for a dissolution of the Union. The most palpable violations of constitutional duty which have yet been committed consist in the acts of different State legislatures to defeat the execution of the fugitive-slave law. It ought to be remembered, however, that for these acts neither Congress nor any President can justly be held responsible. Having been passed in violation of the Federal Constitution, they are therefore null and void. All the courts, both State and national, before whom the question has arisen have from the beginning declared the fugitive-slave law to be constitutional. The single exception is that of a State court in Wisconsin, and this has not only been reversed by the proper appellate tribunal, but has met with such universal reprobation that there can be no danger from it as a precedent. The validity of this law has been established over and over again by the Supreme Court of the United States with perfect unanimity. It is founded upon an express provision of the Constitution, requiring that fugitive slaves who escape from service in one State to another shall be "delivered up" to their masters. Without this provision it is a well-known historical fact that the Constitution itself could never have been adopted by the Convention. In one form or other, under the acts of 1793 and 1850, both being substantially the same, the fugitive-slave law has been the law of the land from the days of Washington until the present moment. Here, then, a clear case is presented in which it will be the duty of the next President, as it has been my own, to act with vigor in executing this supreme law against the conflicting enactments of State legislatures. Should he fail in the performance of this high duty, he will then have manifested a disregard of the Constitution and laws, to the great injury of the people of nearly one-half of the States of the Union. But are we to presume in advance that he will thus violate his duty? This would be at war with every principle of justice and of Christian charity. Let us wait for the overt act. The fugitive-slave law has been carried into execution in every contested case since the commencement of the present Administration, though Often, it is to be regretted, with great loss and inconvenience to the master and with considerable expense to the Government. Let us trust that the State legislatures will repeal their unconstitutional and obnoxious enactments. Unless this shall be done without unnecessary delay, it is impossible for any human power to save the Union. The Southern States, standing on the basis of the Constitution, have right to demand this act of justice from the States of the North. Should it be refused, then the Constitution, to which all the States are parties, will have been willfully violated by one portion of them in a provision essential to the domestic security and happiness of the remainder. In that event the injured States, after having first used all peaceful and constitutional means to obtain redress, would be justified in revolutionary resistance to the Government of the Union. I have purposely confined my remarks to revolutionary resistance, because it has been claimed within the last few years that any State, whenever this shall be its sovereign will and pleasure, may secede from the Union in accordance with the Constitution and without any violation of the constitutional rights of the other members of the Confederacy; that as each became parties to the Union by the vote of its own people assembled in convention, so any one of them may retire from the Union in a similar manner by the vote of such a convention. In order to justify secession as a constitutional remedy, it must be on the principle that the Federal Government is a mere voluntary association of States, to be dissolved at pleasure by any one of the contracting parties. If this be so, the Confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as many petty, jarring, and hostile republics, each one retiring from the Union without responsibility whenever any sudden excitement might impel them to such a course. By this process a Union might be entirely broken into fragments in a few weeks which cost our forefathers many years of toil, privation, and blood to establish. Such a principle is wholly inconsistent with the history as well as the character of the Federal Constitution. After it was framed with the greatest deliberation and care it was submitted to conventions of the people of the several States for ratification. Its provisions were discussed at length in these bodies, composed of the first men of the country. Its opponents contended that it conferred powers upon the Federal Government dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehensions. In that mighty struggle between the first intellects of this or any other country it never occurred to any individual, either among its opponents or advocates, to assert or even to intimate that their efforts were all vain labor, because the moment that any State felt herself aggrieved she might secede from the Union. What a crushing argument would this have proved against those who dreaded that the rights of the States would be endangered by the Constitution! The truth is that it was not until many years after the origin of the Federal Government that such a proposition was first advanced. It was then met and refuted by the conclusive arguments of General Jackson, who in his message of the 16th of January, 1833, transmitting the nullifying ordinance of South Carolina to Congress, employs the following language: The right of the people of a single State to absolve themselves at will and without the consent of the other States from their most solemn obligations, and hazard the liberties and happiness of the millions composing this Union, can not be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted and to the objects which it is expressly formed to attain. It is not pretended that any clause in the Constitution gives countenance to such a theory. It is altogether rounded upon inference; not from any language contained in the instrument itself, but from the sovereign character of the several States by which it was ratified. But is it beyond the power of a State, like an individual, to yield a portion of its sovereign rights to secure the remainder? In the language of Mr. Madison, who has been called the father of the Constitution-- It was formed by the States; 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 constitutions. Nor is the Government of the United States, created by the Constitution, less a government, in the strict sense of the term, within the sphere of its powers than the governments created by the constitutions of the States are within their several spheres. It is, like them, organized into legislative, 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 contracting parties. The old Articles of Confederation were entitled "Articles of Confederation and Perpetual Union between the States," and by the thirteenth article it is expressly declared that "the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual." The preamble to the Constitution of the United States, having express reference to the Articles of Confederation, recites that it was established "in order to form a more perfect union." And yet it is contended that this "more perfect union" does not include the essential attribute of perpetuity. But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the Constitution on the Federal Government. These powers embrace the very highest attributes of national sovereignty. They place both the sword and the purse under its control. Congress has power to make war and to make peace, to raise and support armies and navies, and to conclude treaties with foreign governments. It is invested with the power to coin money and to regulate the value thereof, and to regulate commerce with foreign nations and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Government. In order to carry the enumerated powers into effect, Congress possesses the exclusive right to lay and collect duties on imports, and, in common with the States, to lay and collect all other taxes. But the Constitution has not only conferred these high powers upon Congress, but it has adopted effectual means to restrain the States from interfering with their exercise. For that purpose it has in strong prohibitory language expressly declared that-- No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. Moreover-- No State shall without the consent of the Congress lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws. And if they exceed this amount the excess shall belong, to the United States. And-- No State shall without the consent of Congress lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay. In order still further to secure the uninterrupted exercise of these high powers against State interposition, it is provided that-- This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. The solemn sanction of religion has been superadded to the obligations of official duty, and all Senators and Representatives of the United States, all members of State legislatures, and all executive and judicial officers, "both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution." In order to carry into effect these powers, the Constitution has established a perfect Government in all its forms--legislative, executive, and judicial; and this Government to the extent of its powers acts directly upon the individual citizens of every State, and executes its own decrees by the agency of its own officers. In this respect it differs entirely from the Government under the old Confederation, which was confined to making requisitions on the States in their sovereign character. This left it in the discretion of each whether to obey or to refuse, and they often declined to comply with such requisitions. It thus became necessary for the purpose of removing this barrier and "in order to form a more perfect union" to establish a Government which could act directly upon the people and execute its own laws without the intermediate 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 authority from the sovereign people of each of the several States, has precisely the same right to exercise its power over the people of all these States in   the enumerated cases that each one of them possesses over subjects not delegated to the United States, but "reserved to the States respectively or to the people." To the extent of the delegated powers the Constitution of the United States is as much a part of the constitution of each State and is as binding upon its people as though it had been textually inserted therein. This Government, therefore, is a great and powerful Government, invested with all the attributes of sovereignty over the special subjects to which its authority extends. Its framers never intended to implant in its bosom the seeds of its own destruction, nor were they at its creation guilty of the absurdity of providing for its own dissolution. It was not intended by its framers to be the baseless fabric of a vision, which at the touch of the enchanter would vanish into thin air, but a substantial and mighty fabric, capable of resisting the slow decay of time and of defying the storms of ages. Indeed, well may the jealous patriots of that day have indulged fears that a Government of such high powers might violate the reserved rights of the States, and wisely did they adopt the rule of a strict construction of these powers to prevent the danger. But they did not fear, nor had they any reason to imagine, that the Constitution would ever be so interpreted 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 without redress against the tyranny and oppression of the Federal Government? By no means. The right of resistance on the part of the governed against the oppression of their governments can not be denied. It exists independently of all constitutions, and has been exercised at all periods of the world's history. Under it old governments have been destroyed and new ones have taken their place. It is embodied in strong and express language in our own Declaration of Independence. But the distinction must ever be observed that this is revolution against an established government, and not 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 neither more nor less than revolution. It may or it may not be a justifiable revolution, but still it is revolution. What, in the meantime, is the responsibility and true position of the Executive? He is bound by solemn oath, before God and the country, "to take care that the laws be faithfully executed," and from this obligation he can not be absolved by any human power. But what if the performance of this duty, in whole or in part, has been rendered impracticable by events over which he could have exercised no control? Such at the present moment is the case throughout the State of South Carolina so far as the laws of the United States to secure the administration of justice by means of the Federal judiciary are concerned. All the Federal officers within its limits through whose agency alone these laws can be carried into execution have already resigned. We no longer have a district judge, a district attorney, or a marshal in South Carolina. In fact, the whole machinery of the Federal Government necessary for the distribution of remedial justice among the people has been demolished, and it would be difficult, if not impossible, to replace it. The only acts of Congress on the statute book bearing upon this subject are those of February 28, 1795, and March 3, 1807. These authorize the President, after he shall have ascertained that the marshal, with his posse comitatus, is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the Army and Navy to aid him in performing this service, having first by proclamation commanded the insurgents "to disperse and retire peaceably to their respective abodes within a limited time" This duty can not by possibility be performed in a State where no judicial authority exists to issue process, and where there is no marshal to execute it, and where, even if there were such an officer, the entire population would constitute one solid combination to resist him. The bare enumeration of these provisions proves how inadequate they are without further legislation to overcome a united opposition in a single State, not to speak of other States who may place themselves in a similar attitude. Congress alone has power to decide whether the present laws can or can not be amended so as to carry out more effectually 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 collected as heretofore at the custom-house in Charleston, and should the collector unfortunately resign a successor may be appointed to perform this duty. Then, in regard to the property of the United States in South Carolina. This has been purchased for a fair equivalent, "by the consent of the legislature of the State," "for the erection of forts, magazines, arsenals," etc., and over these the authority "to exercise exclusive legislation" has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contingency the responsibility for consequences would rightfully rest upon the heads of the assailants. Apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall be the relations between the Federal Government and South Carolina. He has been invested with no such discretion. He possesses no power to change the relations heretofore existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolution of the confederacy among our thirty-three sovereign States. It bears no resemblance to the recognition of a foreign de facto government, involving no such responsibility. Any attempt to do this would, on his part, be a naked act of usurpation. It is therefore my duty to submit to Congress the whole question in all its bearings  . The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important 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 actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution. It appears from the proceedings of that body that on the 31st May, 1787, the clause "authorizing an exertion of the force of the whole against a delinquent State" came up for consideration. Mr. Madison opposed it in a brief but powerful speech, from which I shall extract but a single sentence. He observed: The use of force against a State would look more like a declaration of war than an infliction of punishment, and would probably 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, I believe, again presented. Soon afterwards, on the 8th June, 1787, when incidentally adverting to the subject, he said: "Any government for the United States formed on the supposed practicability of using force against the unconstitutional proceedings of the States would prove as visionary and fallacious as the government of Congress," evidently meaning the then existing Congress of the old Confederation. Without descending to particulars, it may be safely asserted that the power to make war against a State is at variance with the whole spirit and intent of the Constitution. Suppose such a war should result in the conquest of a State; how are we to govern it afterwards? Shall we hold it as a province and govern it by despotic power? In the nature of things, we could not by physical force control the will of the people and compel them to elect Senators and Representatives to Congress and to perform all the other duties depending upon their own volition and required from the free citizens of a free State as a constituent member of the Confederacy. But if we possessed this power, would it be wise to exercise it under existing circumstances? The object would doubtless be to preserve the Union. War would not only present the most effectual means of destroying it, but would vanish all hope of its peaceable reconstruction. Besides, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering future reconciliation between the States impossible. In the meantime, who can foretell what would be the sufferings and privations of the people during its existence? The fact is that our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in civil war. If it can not live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hand to preserve it by force. But may I be permitted solemnly to invoke my countrymen to pause and deliberate before they determine to destroy this the grandest temple which has ever been dedicated to human freedom since the world began? It has been consecrated by the blood of our fathers, by the glories of the past, and by the hopes of the future. The Union has already made us the most prosperous, and ere long will, if preserved, render us the most powerful, nation on the face of the earth. In every foreign region of the globe the title of American citizen is held in the highest respect, and when pronounced in a foreign land it causes the hearts of our countrymen to swell with honest pride. Surely when we reach the brink of the yawning abyss we shall recoil with horror from the last fatal plunge. By such a dread catastrophe the hopes of the friends of freedom throughout the world would be destroyed, and a long night of leaden despotism would enshroud the nations. Our example for more than eighty years would not only be lost, but it would be quoted as a conclusive proof that man is unfit for self-government. It is not every wrong--nay, it is not every grievous wrong--which can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despairing people, after every other constitutional means of conciliation had been exhausted. We should reflect that under this free Government there is an incessant ebb and flow in public opinion. The slavery question, like everything human, will have its day. I firmly believe that it has reached and passed the culminating point. But if in the midst of the existing excitement the Union shall perish, the evil may then become irreparable. Congress can contribute much to avert it by proposing and recommending to the legislatures of the several States the remedy for existing evils which the Constitution has itself provided for its own preservation. This has been tried at different critical periods of our history, and always with eminent success. It is to be found in the fifth article, providing for its own amendment. Under this article amendments have been proposed by two-thirds of both Houses of Congress, and have been "ratified by the legislatures of three-fourths of the several States," and have consequently become parts of the Constitution. To this process the country is indebted for the clause prohibiting Congress from passing any law respecting an establishment of religion or abridging the freedom of speech or of the press or of the right of petition. To this we are also indebted for the bill of rights which secures the people against any abuse of power by the Federal Government. Such were the apprehensions justly entertained by the friends of State rights at that period as to have rendered it extremely doubtful whether the Constitution could have long survived without those amendments. Again the Constitution was amended by the same process, after the election of President Jefferson by the House of Representatives, in February, 1803. This amendment was rendered necessary to prevent a recurrence of the dangers which had seriously threatened the existence of the Government during the pendency of that election. The article for its own amendment was intended to secure the amicable adjustment of conflicting constitutional questions like the present which might arise between the governments of the States and that of the United States. This appears from contemporaneous history. In this connection I shall merely call attention to a few sentences in Mr. Madison's justly celebrated report, in 1799, to the legislature of Virginia. In this he ably and conclusively defended the resolutions of the preceding legislature against the strictures of several other State legislatures. These were mainly rounded upon the protest of the Virginia legislature against the "alien and sedition acts," as "palpable and alarming infractions of the Constitution." In pointing out the peaceful and constitutional remedies--and he referred to none other--to which the States were authorized to resort on such occasions, he concludes by saying that-- The legislatures of the States might have made a direct representation to Congress 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 amendment to the Constitution; or two-thirds of themselves, if such 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 earnestly recommend in order to obtain an "explanatory amendment" of the Constitution on the subject of slavery. This might originate with Congress or the State legislatures, as may be deemed most advisable to attain the object. The 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 exist. 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 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 another restored and "delivered up" to him, and of the validity of the fugitive-slave law enacted for this purpose, together with a declaration that all State laws impairing or defeating this right are violations of the Constitution, and are consequently null and void. It may be objected that this construction of the Constitution has already been settled by the Supreme Court of the United States, and what more ought to be required? The answer is that a very large proportion of the people of the United States still contest the correctness of this decision, and never will cease from agitation and admit its binding force until clearly established by the people of the several States in their sovereign character. Such an explanatory amendment would, it is believed, forever terminate the existing 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 States of the Confederacy. In any event, it ought to be tried in a spirit of conciliation before any of these States shall separate themselves from the Union. When I entered upon the duties of the Presidential office, the aspect neither of our foreign nor domestic affairs was at all satisfactory. We were involved in dangerous complications with several nations, and two of our Territories were in a state of revolution against the Government. A restoration of the African slave trade had numerous and powerful advocates. Unlawful military expeditions were countenanced by many of our citizens, and were suffered, in defiance of the efforts of the Government, to escape from our shores for the purpose of making war upon the unoffending   people of neighboring republics with whom we were at peace. In addition to these and other difficulties, we experienced a revulsion in monetary affairs soon after my advent to power of unexampled severity and of ruinous consequences to all the great interests of the country. When we take a retrospect of what was then our condition and contrast this with its material prosperity at the time of the late Presidential election, we have abundant reason to return our grateful thanks to that merciful Providence which has never forsaken us as a nation in all our past trials. Our relations with Great Britain are of the most friendly character. Since the commencement of my Administration the two dangerous questions arising from the Clayton and Bulwer treaty and from the right of search claimed by the British Government have been amicably and honorably adjusted. The discordant constructions of the Clayton and Bulwer treaty between the two Governments, which at different periods of the discussion bore a threatening aspect, have resulted in a final settlement entirely satisfactory to this Government. In my last annual message I informed Congress that the British Government had not then "completed treaty arrangements with the Republics of Honduras and Nicaragua in pursuance of the understanding between the two Governments. It is, nevertheless, confidently expected that this good work will ere long be accomplished." This confident expectation has since been fulfilled. Her Britannic Majesty concluded a treaty with Honduras on the 28th November, 1859, and with Nicaragua on the 28th August, 1860, relinquishing the Mosquito protectorate. Besides, by the former the Bay Islands are recognized as a part of the Republic of Honduras. It may be observed that the stipulations of these treaties conform in every "important particular to the amendments adopted by the Senate of the United States to the treaty concluded at London on the 17th October, 1856, between the two Governments. It will be recollected that this treaty was rejected 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 be a source of sincere satisfaction to all classes of our fellow-citizens, and especially to those engaged in foreign commerce, that the claim on the part of Great Britain forcibly to visit and search American merchant vessels on the high seas in time of peace has 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 merchant vessels by British cruisers on the coast of Cuba in the spring of 1858. The American people hailed with general acclaim the orders of the Secretary of the Navy 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 the vessels of war of any other nation." These orders might have produced an immediate 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 nations as expounded by her own most eminent jurists. The only question of any importance which still remains open is the disputed title between the two Governments to the island of San Juan, in the vicinity of Washington Territory. As this question is still under negotiation, it is not deemed advisable at the present moment to make any other allusion to the subject. 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 can not fail to increase the kindred and kindly feelings which I trust may ever actuate the Government and people of both countries in their political and social intercourse with each other. With France, our ancient and powerful ally, our relations continue to be of the most friendly character. A decision has recently been made by a French judicial tribunal, with the approbation of the Imperial Government, which can not fail to foster the sentiments of mutual regard that have so 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 natural right of expatriation, it follows as a necessary consequence that a Frenchman by the fact of having become a citizen of the United States has changed his allegiance and has lost his native character. He can not therefore be compelled to serve in the French armies in case he should return to his native country. These principles were announced in 1852 by the French minister of war and in two late cases have been confirmed by the French judiciary. In these, two natives of France have been discharged from the French army because they had become American citizens. To employ the language of our present minister to France, who has rendered good service on this occasion. "I do not think our French naturalized fellow-citizens will hereafter experience much annoyance on this subject." I venture to predict that the time is not far distant when the other continental powers will adopt the same wise and just policy which has done so much honor to the enlightened Government of the Emperor. In any event, our Government is bound to protect the rights of our naturalized citizens everywhere to the same extent as though they had drawn their first breath in this country. We can recognize no distinction between our native and naturalized citizens. Between the great Empire of Russia and the United States the mutual friendship and regard which has so long existed still continues to prevail, and if possible to increase. Indeed, our relations with that Empire are all that we could desire. Our relations with Spain are now of a more complicated, though less dangerous, character than they have been for many years. Our citizens have long held and continue to hold numerous claims against the Spanish Government. These had been ably urged for a series of years by our successive diplomatic representatives at Madrid, but without obtaining redress. The Spanish Government finally agreed to institute a joint commission for the adjustment of these claims, and on the 5th day of March, 1860, concluded a convention for this purpose with our present minister at Madrid. Under this convention what have been denominated the "Cuban claims," amounting to $128,635.54, in which more than 100 of our fellow-citizens are interested, were recognized, and the Spanish Government agreed to pay $100,000 of this amount "within three months following the exchange of ratifications." The payment of the remaining $28,635.54 was to await the decision of the commissioners for or against the Amistad claim; but in any event the balance was to be paid to the claimants either by Spain or the United States. These terms, I have every reason to know, are highly satisfactory to the holders of the Cuban claims. Indeed, they have made a formal offer authorizing the State Department to settle these claims and to deduct the amount of the Amistad claim from the sums which they are entitled to receive from Spain. This offer, of course, can not be accepted. All other claims of citizens of the United States against Spain, or the subjects of the Queen of Spain against the United States, including the Amistad claim, were by this convention referred to a board of commissioners in the usual form. Neither the validity of the Amistad claim nor of any other claim against either party, with the single exception of the Cuban claims, was recognized by the convention. Indeed, the Spanish Government did not insist that the validity of the Amistad claim should be thus recognized, notwithstanding its 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 examination and decision like the other claims. Both Governments were bound respectively 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 of May, 1860, and on the 27th of the succeeding June they determined that they would "not advise and consent" to its ratification. These proceedings place our relations with Spain in an awkward and embarrassing position. It is more than probable that the final adjustment of these claims will devolve upon my successor. I reiterate the recommendation contained in my annual message of December, 1858, and repeated in that of December, 1859, in favor of the acquisition of Cuba from Spain by fair purchase. I firmly believe that such an acquisition would contribute essentially to the well-being and prosperity of both countries in all future time, as well as prove the certain means of immediately abolishing the African slave trade throughout the world. I would not repeat this recommendation upon the present occasion if I believed that the transfer of Cuba to the United States upon conditions highly favorable to Spain could justly tarnish the national honor of the proud and ancient Spanish monarchy. Surely no person ever attributed to the first Napoleon a disregard of the national honor of France for transferring Louisiana to the United States for a fair equivalent, both in money and commercial advantages. With the Emperor of Austria and the remaining continental powers of Europe, including that of the Sultan, our relations continue to be of the most friendly character. The friendly and peaceful policy pursued by the Government of the United States toward the Empire of China has produced the most satisfactory results. The treaty of Tien-tsin of the 18th June, 1858, has been faithfully observed by the Chinese authorities. The convention of the 8th November, 1858, supplementary to this treaty, for the adjustment and satisfaction of the claims of our citizens on China referred to in my last annual message, has been already carried into effect so far as this was practicable. Under this convention the sum of 500,000 taels, equal to about $700,000, was stipulated to be paid in satisfaction of the claims of American citizens out of the one-fifth of the receipts for tonnage, import, and export duties on American vessels at the ports of Canton, Shanghai, and Fuchau, and it was "agreed that this amount shall 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 for Canton, 100,000 for Shanghai, and 100,000 for Fuchau, were delivered, according to the terms of the convention, by the respective Chinese collectors of the customs of these ports to the agent selected by our minister to receive the same. Since that time the claims of our citizens have been adjusted by the board of commissioners appointed for that purpose 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 amount to the sum of $498,694.78. The claimants have already received a large proportion of the sums awarded to them out of the fund provided, and it is confidently expected that the remainder will ere long be entirely paid. After the awards shall have been satisfied there will remain a surplus of more than $200,000 at the disposition of Congress. As this will, in equity, belong to the Chinese Government, would not justice require its appropriation to some benevolent object in which the Chinese may be specially interested? Our minister to China, in obedience to his instructions, has remained perfectly neutral in the war between Great Britain and France and the Chinese Empire, although, in conjunction with the Russian minister, he was ever ready and willing, had the opportunity offered, to employ his good offices in restoring peace between the parties. It is but an act of simple justice, both to our present minister and his predecessor, to state that they have proved fully equal to the delicate, trying, and responsible positions in which they have on different occasions been placed. The ratifications of the treaty with Japan concluded at Yeddo on the 29th July, 1858, were exchanged at Washington on the 22d May last, and the treaty itself was proclaimed on the succeeding day. There is good reason to expect that under its protection and influence our trade and intercourse with that distant and interesting people will rapidly increase. The ratifications of the treaty were exchanged with unusual solemnity. For this purpose the Tycoon had accredited three of his most distinguished subjects as envoys extraordinary and ministers plenipotentiary, who were received and treated with marked distinction and kindness, both by the Government and people of the United States. There is every reason to believe that they have returned to their native land entirely satisfied with their visit and inspired by the most friendly feelings for our country. Let us ardently hope, in the language of the treaty itself, that "there shall henceforward be perpetual peace and friendship between the United States of America and His Majesty the Tycoon of Japan and his successors." With the wise, conservative, and liberal Government of the Empire of Brazil our relations continue to be of the most amicable character. The exchange of the ratifications of the convention with the Republic of New Granada signed at Washington on the 10th of September, 1857, has been long delayed from accidental causes for which neither party is censurable. These ratifications were duly exchanged in this city on the 5th of November last. Thus has a controversy been amicably terminated which had become so serious at the period of my inauguration as to require me, on the 17th of April, 1857, to direct our minister to demand his passports and return to the United States. Under this convention the Government of New Granada has specially acknowledged itself to be responsible to our citizens "for damages which were caused by the riot at Panama on the 15th April, 1856." These claims, together with other claims of our citizens which had been long urged in vain, are referred for adjustment to a board of commissioners. I submit a copy of the convention to Congress, and recommend the legislation necessary to carry it into effect. Persevering efforts have been made for the adjustment of the claims of American citizens against the Government of Costa Rica, and I am happy to inform you that these have finally prevailed. A convention was signed at the city of San Jose on the 2d July last, between the minister resident of the United States in Costa Rica and the plenipotentiaries of that Republic, referring these claims to a board of commissioners and providing for the payment of their awards. This convention will be submitted immediately to the Senate for their constitutional action. The claims of our citizens upon the Republic of Nicaragua have not yet been provided for by treaty, although diligent efforts for this purpose have been made by our minister resident to that Republic. These are still continued, with a fair prospect of success. Our relations with Mexico remain in a most unsatisfactory condition. In my last two annual messages I discussed extensively the subject of these relations, and do not now propose to repeat at length the facts and arguments then presented. They proved conclusively that our citizens residing in Mexico and our merchants trading thereto had suffered a series of wrongs and outrages such as we have never patiently borne from any other nation. For these our successive ministers, invoking the faith of treaties, had in the name of their country persistently demanded redress and indemnification, but without the slightest effect. Indeed, so confident had the Mexican authorities become of our patient endurance that they universally believed they might commit these outrages upon American citizens with absolute impunity. Thus wrote our minister in 1856, and expressed the opinion that "nothing but a manifestation of the power of the Government and of its purpose to punish these wrongs will avail." Afterwards, in 1857, came the adoption of a new constitution for Mexico, the election of a President and Congress under its provisions, and the inauguration of the President. Within one short month, however, this President was expelled from the capital by a rebellion in the army, and the supreme power of the Republic was assigned to General Zuloaga. This usurper was in his turn soon compelled to retire and give place to General Miramon. Under the constitution which had thus been adopted Senor Juarez, as chief justice of the supreme court, became the lawful President of the Republic, and it was for the maintenance of the constitution and his authority derived from it that the civil war commenced and still continues to be prosecuted. Throughout the year 1858 the constitutional party grew stronger and stronger. In the previous history of Mexico a successful military revolution at the capital had almost universally been the signal for submission throughout the Republic. Not so on the present occasion. A majority of the citizens persistently sustained the constitutional Government. When this was recognized, in April, 1859, by the Government of the United States, its authority extended over a large majority of the Mexican States and people, including Vera Cruz and all the other important seaports of the Republic. From that period our commerce with Mexico began to revive, and the constitutional Government has afforded it all the protection in its power. Meanwhile the Government of Miramon still held sway at the capital and over the surrounding country, and continued its outrages against the few American citizens who still had the courage to remain within its power. To cap the climax, after the battle of Tacubaya, in April, 1859, General Marquez ordered three citizens of the United States, two of them physicians, to be seized in the hospital at that place, taken out and shot, without crime and without trial. This was done, notwithstanding our unfortunate countrymen were at the moment engaged in the holy cause of affording relief to the soldiers of both parties who had been wounded in the battle, without making any distinction between them. The time had arrived, in my opinion, when this Government was bound to exert its power to avenge and redress the wrongs of our citizens and to afford them protection in Mexico. The interposing obstacle was that the portion of the country under the sway of Miramon could not be reached without passing over territory under the jurisdiction of the constitutional Government. Under these circumstances I deemed it my duty to recommend to Congress in my last annual message the employment of a sufficient military force to penetrate into the interior, where the Government of Miramon was to be found, with or, if need be, without the consent of the Juarez Government, though it was not doubted that this consent could be obtained. Never have I had a clearer conviction on any subject than of the justice as well as wisdom of such a policy. No other alternative was left except the entire abandonment of our fellow-citizens who had gone to Mexico under the faith of treaties to the systematic injustice, cruelty, and oppression of Miramon's Government. Besides, it is almost certain that the simple authority to employ this force would of itself have accomplished all our objects without striking a single blow. The constitutional Government would then ere this have been established at the City of Mexico, and would have been ready and willing to the extent of its ability to do us justice. In addition--and I deem this a most important consideration--European Governments would have been deprived of all pretext to interfere in the territorial and domestic concerns of Mexico. We should thus have been relieved from the obligation of resisting, even by force should this become necessary, any attempt by these Governments to deprive our neighboring Republic of portions of her territory--a duty from which we could not shrink without abandoning the traditional and established policy of the American people. I am happy to observe that, firmly relying upon the justice and good faith of these Governments, there is no present danger that such a contingency will happen. Having discovered that my recommendations would not be sustained by Congress, the next alternative was to accomplish in some degree, if possible, the same objects by treaty stipulations with the constitutional Government. Such treaties were accordingly concluded by our late able and excellent minister to Mexico, and on the 4th of January last were submitted to the Senate for ratification. As these have not yet received the final action of that body, it would be improper for me to present a detailed statement of their provisions. Still, I may be permitted to express the opinion in advance that they are calculated to promote the agricultural, manufacturing, and commercial interests of the country and to secure our just influence with an adjoining Republic as to whose fortunes and fate we can never feel indifferent, whilst at the same time they provide for the payment of a considerable amount toward the satisfaction of the claims of our injured fellow-citizens. At the period of my inauguration I was confronted in Kansas by a revolutionary government existing under what is called the "Topeka constitution." Its avowed object was to subdue the Territorial government by force and to inaugurate what was called the "Topeka government" in its stead. To accomplish this object an extensive military organization was formed, and its command intrusted to the most violent revolutionary leaders. Under these circumstances it became my imperative duty to exert the whole constitutional power of the Executive to prevent the flames of civil war from again raging in Kansas, which in the excited state of the public mind, both North and South, might have extended into the neighboring States. The hostile parties in Kansas had been inflamed against each other by emissaries both from the North and the South to a degree of malignity without parallel in our history. To prevent actual collision and to assist the civil magistrates in enforcing the laws, a strong detachment of the Army was stationed in the Territory, ready to aid the marshal and his deputies when lawfully called upon as a posse comitatus in the execution of civil and criminal process. Still, the troubles in Kansas could not have been permanently settled without an election by the people. The ballot box is the surest arbiter of disputes among freemen. Under this conviction every proper effort was employed to induce the hostile parties to vote at the election of delegates to frame a State constitution, and afterwards at the election to decide whether Kansas should be a slave or free State. The insurgent party refused to vote at either, lest this might be considered a recognition on their part of the Territorial government established by Congress. A better spirit, however, seemed soon after to prevail, and the two parties met face to face at the third election, held on the first Monday of January, 1858, for members of the legislature and State officers under the Lecompton constitution. The result was the triumph of the antislavery party at the polls. This decision of the ballot box proved clearly that this party were in the majority, and removed the danger of civil war. From that time we have heard little or nothing of the Topeka government, and all serious danger of revolutionary troubles in Kansas was then at an end. The Lecompton constitution, which had been thus recognized at this State election by the votes of both political parties in Kansas, was transmitted to me with the request that I should present it to Congress. This I could not have refused to do without violating my clearest and strongest convictions of duty. The constitution and all the proceedings which preceded and followed its formation were fair and regular on their face. I then believed, and experience has proved, that the interests of the people of Kansas would have been best consulted by its admission as a State into the Union, especially as the majority within a brief period could have amended the constitution according to their will and pleasure. If fraud existed in all or any of these proceedings, it was not for the President but for Congress to investigate and determine the question of fraud and what ought to be its consequences. If at the first two elections the majority refused to vote, it can not be pretended that this refusal to exercise the elective franchise could invalidate an election fairly held under lawful authority, even if they had not subsequently voted at the third election. It is true that the whole constitution had not been submitted to the people, as I always desired; but the precedents are numerous of the admission of States into the Union without such submission. It would not comport with my present purpose to review the proceedings of Congress upon the Lecompton constitution. It is sufficient to observe that their final action has removed the last vestige of serious revolutionary troubles. The desperate band   recently assembled under a notorious outlaw in the southern portion of the Territory to resist the execution of the laws and to plunder peaceful citizens will, I doubt not be speedily subdued and brought to justice. Had I treated the Lecompton constitution as a nullity and refused to transmit it to Congress, it is not difficult to imagine, whilst recalling the position of the country at that moment, what would have been the disastrous consequences, both in and out of the Territory, from such a dereliction of duty on the part of the Executive. Peace has also been restored within the Territory of Utah, which at the commencement of my Administration was in a state of open rebellion. This was the more dangerous, as the people, animated by a fanatical spirit and intrenched within their distant mountain fastnesses, might have made a long and formidable resistance. Cost what it might, it was necessary to bring them into subjection to the Constitution and the laws. Sound policy, therefore, as well as humanity, required that this object should if possible be accomplished without the effusion of blood. This could only be effected by sending a military force into the Territory sufficiently strong to convince the people that resistance would be hopeless, and at the same time to offer them a pardon for past offenses on condition of immediate submission to the Government. This policy was pursued with eminent success, and the only cause for regret is the heavy expenditure required to march a large detachment of the Army to that remote region and to furnish it subsistence. Utah is now comparatively peaceful and quiet, and the military force has been withdrawn, except that portion of it necessary to keep the Indians in check and to protect the emigrant trains on their way to our Pacific possessions. In my first annual message I promised to employ my best exertions in cooperation with Congress to reduce the expenditures of the Government within the limits of a wise and judicious economy. An overflowing Treasury had produced habits of prodigality and extravagance which could only be gradually corrected. The work required both time and patience. I applied myself diligently to this task from the beginning and was aided by the able and energetic efforts of the heads of the different Executive Departments. The result of our labors in this good cause did not appear in the sum total of our expenditures for the first two years, mainly in consequence of the extraordinary expenditure necessarily incurred in the Utah expedition and the very large amount of the contingent expenses of Congress during this period. These greatly exceeded the pay and mileage of the members. For the year ending June 30, 1858, whilst the pay and mileage amounted to $1,490,214, the contingent expenses rose to $2,093,309.79; and for the year ending June 30, 1859, whilst the pay and mileage amounted to $859,093.66, the contingent expenses amounted to $1,431,565.78. I am happy, however, to be able to inform you that during the last fiscal year, ending June 30, 1860, the total expenditures of the Government in all its branches--legislative, executive, and judicial--exclusive of the public debt, were reduced to the sum of $55,402,465.46. This conclusively appears from the books of the Treasury. In the year ending June 30, 1858, the total expenditure, exclusive of the public debt, amounted to $71,901,129.77, and that for the year ending June 30, 1859, to $66,346,226.13. Whilst the books of the Treasury show an actual expenditure of $59,848,474.72 for the year ending June 30, 1860, including $1,040,667.71 for the contingent expenses of Congress, there must be deducted from this amount the sum of $4,296,009.26, with the interest upon it of $150,000, appropriated by the act of February 15, 1860, "for the purpose of supplying the deficiency in the revenues and defraying the expenses of the Post-Office Department for the year ending June 30, 1859." This sum therefore justly chargeable to the year 1859, must be deducted from the sum of $59,848,474.72 in order to ascertain the expenditure for the year ending June 30, 1860, which leaves a balance for the expenditures of that year of $55,402,465.46. The interest on the public debt, including Treasury notes, for the same fiscal year, ending June 30, 1860, amounted to $3,177,314.62, which, added to the above sum of $55,402,465.46, makes the aggregate of $58,579,780.08. It ought in justice to be observed that several of the estimates from the Departments for the year ending June 30, 1860, were reduced by Congress below what was and still is deemed compatible with the public interest. Allowing a liberal margin of $2,500,000 for this reduction and for other causes, it may be safely asserted that the sum of $61,000,000, or, at the most, $62,000,000, is amply sufficient to administer the Government and to pay the interest on the public debt, unless contingent events should hereafter render extraordinary expenditures necessary. This result has been attained in a considerable degree by the care exercised by the appropriate Departments in entering into public contracts. I have myself never interfered with the award of any such contract, except in a single case, with the Colonization Society, deeming it advisable to cast the whole responsibility in each case on the proper head of the Department, with the general instruction that these contracts should always be given to the lowest and best bidder. It has ever been my opinion that public contracts are not a legitimate source of patronage to be conferred upon personal or political favorites, but that in all such cases a public officer is bound to act for the Government as a prudent individual would act for himself. It is with great satisfaction I communicate the fact that since the date of my last annual message not a single slave has been imported into the United States in violation of the laws prohibiting the African slave trade. This statement is rounded upon a thorough examination and investigation of the subject. Indeed, the spirit which prevailed some time since among a portion of our fellow-citizens in favor of this trade seems to have entirely subsided. I also congratulate you upon the public sentiment which now exists against the crime of setting on foot military expeditions within the limits of the United States to proceed from thence and make war upon the people of unoffending States with whom we are at peace. In this respect a happy change has been effected since the commencement of my Administration. It surely ought to be the prayer of every Christian and patriot that such expeditions may never again receive countenance in our country or depart from our shores. It would be a useless repetition to do more than refer with earnest commendation to my former recommendations in favor of the Pacific railroad; of the grant of power to the President to employ the naval force in the vicinity for the protection of the lives and property of our fellow-citizens passing in transit over the different Central American routes against sudden and lawless outbreaks and depredations, and also to protect American merchant vessels, their crews and cargoes, against violent and unlawful seizure and confiscation in the ports of Mexico and the South American Republics when these may be in a disturbed and revolutionary condition. It is my settled conviction that without such a power we do not afford that protection to those engaged in the commerce of the country which they have a right to demand. I again recommend to Congress the passage of a law, in pursuance of the provisions of the Constitution, appointing a day certain previous to the 4th March in each year of an odd number for the election of Representatives throughout all the States. A similar power has already been exercised, with general approbation, in the appointment of the same day throughout the Union for holding the election of electors for President and Vice-President of the United States. My attention was earnestly directed to this subject from the fact that the Thirty-fifth Congress terminated on the 3d March, 1859, without making the necessary appropriation for the service of the Post-Office Department. I was then forced to consider the best remedy for this omission, and an immediate call of the present Congress was the natural resort. Upon inquiry, however, I ascertained that fifteen out of the thirty-three States composing the Confederacy were without Representatives, and that consequently these fifteen States would be disfranchised by such a call. These fifteen States will be in the same condition on the 4th March next. Ten of them can not elect Representatives, according to existing State laws, until different periods, extending from the beginning of August next until the months of October and November. In my last message I gave warning that in a time of sudden and alarming danger the salvation of our institutions might depend upon the power of the President immediately to assemble a full Congress to meet the emergency. It is now quite evident that the financial necessities of the Government will require a modification of the tariff during your present session for the purpose of increasing the revenue. In this aspect, I desire to reiterate the recommendation contained in my last two annual messages in favor of imposing specific instead of ad valorem duties on all imported articles to which these can be properly applied. From long observation and experience I am convinced that specific duties are necessary, both to protect the revenue and to secure to our manufacturing interests that amount of incidental encouragement which unavoidably results from a revenue tariff. As an abstract proposition it may be admitted that ad valorem duties would in theory be the most just and equal. But if the experience of this and of all other commercial nations has demonstrated that such duties can not be assessed and collected without great frauds upon the revenue, then it is the part of wisdom to resort to specific duties. Indeed, from the very nature of an ad valorem duty this must be the result. Under it the inevitable consequence is that foreign goods will be entered at less than their true value. The Treasury will therefore lose the duty on the difference between their real and fictitious value, and to this extent we are defrauded. The temptations which ad valorem duties present to a dishonest importer are irresistible. His object is to pass his goods through the custom-house at the very lowest valuation necessary to save them from confiscation. In this he too often succeeds in spite of the vigilance of the revenue officers. Hence the resort to false invoices, one for the purchaser and another for the custom-house, and to other expedients to defraud the Government. The honest importer produces his invoice to the collector, stating the actual price at which he purchased the articles abroad. Not so the dishonest importer and the agent of the foreign manufacturer. And here it may be observed that a very large proportion of the manufactures imported from abroad are consigned for sale to commission merchants, who are mere agents employed by the manufacturers. In such cases no actual sale has been made to fix their value. The foreign manufacturer, if he be dishonest, prepares an invoice of the goods, not at their actual value, but at the very lowest rate necessary to escape detection. In this manner the dishonest importer and the foreign manufacturer enjoy a decided advantage over the honest merchant. They are thus enabled to undersell the fair trader and drive him from the market. In fact the operation of this system has already driven from the pursuits of honorable commerce many of that class of regular and conscientious merchants whose character throughout the world is the pride of our country. The remedy for these evils is to be found in specific duties, so far as this may be practicable. They dispense with any inquiry at the custom-house into the actual cost or value of the article, and it pays the precise amount of duty previously fixed by law. They present no temptations to the appraisers of foreign goods, who receive but small salaries, and might by undervaluation in a few cases render themselves independent. Besides, specific duties best conform to the requisition in the Constitution that "no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another." Under our ad valorem system such preferences are to some extent inevitable, and complaints have often been made that the spirit of this provision has [p.3183] been violated by a lower appraisement of the same articles at one port than at another. An impression strangely enough prevails to some extent that specific duties are necessarily protective duties. Nothing can be more fallacious. Great Britain glories in free trade, and yet her whole revenue from imports is at the present moment collected under a system of specific duties. It is a striking fact in this connection that in the commercial treaty of January 23, 1860, between France and England one of the articles provides that the ad valorem duties which it imposes shall be converted into specific duties within six months from its date, and these are to be ascertained by making an average of the prices for six months previous to that time. The reverse of the propositions would be nearer to the truth, because a much larger amount of revenue would be collected by merely converting the ad valorem duties of a tariff into equivalent specific duties. To this extent the revenue would be increased, and in the same proportion the specific duty might be diminished. Specific duties would secure to the American manufacturer the incidental protection to which he is fairly entitled under a revenue tariff, and to this surely no person would object. The framers of the existing tariff have gone further, and in a liberal spirit have discriminated in favor of large and useful branches of our manufactures, not by raising the rate of duty upon the importation of similar articles from abroad, but, what is the same in effect, by admitting articles free of duty which enter into the composition of their fabrics. Under the present system it has been often truly remarked that this incidental protection decreases when the manufacturer needs it most and increases when he needs it least, and constitutes a sliding scale which always operates against him. The revenues of the country are subject to similar fluctuations. Instead of approaching a steady standard, as would be the case under a system of specific duties, they sink and rise with the sinking and rising prices of articles in foreign countries. It would not be difficult for Congress to arrange a system of specific duties which would afford additional stability both to our revenue and our manufactures and without injury or injustice to any interest of the country. This might be accomplished by ascertaining the average value of any given article for a series of years at the place of exportation and by simply converting the rate of ad valorem duty upon it which might be deemed necessary for revenue purposes into the form of a specific duty. Such an arrangement could not injure the consumer. If he should pay a greater amount of duty one year, this would be counterbalanced by a lesser amount the next, and in the end the aggregate would be the same. I desire to call your immediate attention to the present condition of the Treasury, so ably and clearly presented by the Secretary in his report to [p.3184] Congress, and to recommend that measures be promptly adopted to enable it to discharge its pressing obligations. The other recommendations of the report are well worthy of your favorable consideration. I herewith transmit to Congress the reports of the Secretaries of War, of the Navy, of the Interior, and of the Postmaster-General. The recommendations and suggestions which they contain are highly valuable and deserve your careful attention. The report of the Postmaster-General details the circumstances under which Cornelius Vanderbilt, on my request, agreed in the month of July last to carry the ocean mails between our Atlantic and Pacific coasts. Had he not thus acted this important intercommunication must have been suspended, at least for a season. The Postmaster-General had no power to make him any other compensation than the postages on the mail matter which he might carry. It was known at the time that these postages would fall far short of an adequate compensation, as well as of the sum which the same service had previously cost the Government. Mr. Vanderbilt, in a commendable spirit, was willing to rely upon the justice of Congress to make up the deficiency, and I therefore recommend that an appropriation may be granted for this purpose. I should do great injustice to the Attorney-General were I to omit the mention of his distinguished services in the measures adopted and prosecuted by him for the defense of the Government against numerous and unfounded claims to land in California purporting to have been made by the Mexican Government previous to the treaty of cession. The successful opposition to these claims has saved the United States public property worth many millions of dollars and to individuals holding title under them to at least an equal amount. It has been represented to me from sources which I deem reliable that the inhabitants in several portions of Kansas have been reduced nearly to a state of starvation on account of the almost total failure of their crops, whilst the harvests in every other portion of the country have been abundant. The prospect before them for the approaching winter is well calculated to enlist the sympathies of every heart. The destitution appears to be so general that it can not be relieved by private contributions, and they are in such indigent circumstances as to be unable to purchase the necessaries of life for themselves. I refer the subject to Congress. If any constitutional measure for their relief can be devised, I would recommend its adoption. I cordially commend to your favorable regard the interests of the people of this District. They are eminently entitled to your consideration, especially since, unlike the people of the States, they can appeal to no government except that of the Union.
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 energy and industry, and have yielded fair and ample returns. In short, no nation in the tide of time has ever presented a spectacle of greater material prosperity than we have done until within a very recent period. Why is it, then, that discontent now so extensively prevails, and the Union of the States, which is the source of all these blessings, is threatened with destruction? The long-continued and intemperate interference of the Northern people with the question of slavery in the Southern States has at length produced its natural effects. The different sections of the Union are now 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 impending danger. This does not proceed solely from the claim on the part of Congress or the Territorial legislatures to exclude slavery from the Territories, nor from the efforts of different States to defeat the execution of the fugitive-slave law. All or 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 immediate peril arises not so much from these causes as from the fact that the incessant and violent agitation of the slavery question throughout the North for the last quarter of a century has at length produced its malign influence on the slaves and inspired them with vague notions of freedom. Hence a sense of security no longer exists around the family altar. This feeling of peace at home has given place to apprehensions of servile insurrections. Many a matron throughout the South retires at night in dread of what may befall herself and children before the morning. Should this apprehension of domestic danger, whether real or imaginary, extend and intensify itself until it shall pervade the masses of the Southern people, then disunion will become inevitable. Self-preservation is 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, however fraught with blessings and benefits in all other respects, can long continue if the necessary consequence be to render the homes and the firesides of 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 has not yet arrived, and my prayer to God is that He would preserve the Constitution and the Union throughout all generations. But let us take warning in time and remove the because of danger. It can not be denied that for five and twenty years the agitation at the North against slavery has been incessant. In 1835 pictorial handbills and inflammatory appeals were circulated extensively throughout the South of a character to excite the passions of the slaves, and, in the language of General Jackson, "to stimulate them to insurrection and produce all the horrors of a servile war." This agitation has ever since been continued by the public press, by the proceedings of State and county conventions and by abolition sermons and lectures. The time of Congress has been occupied in violent speeches on this never-ending subject, and appeals, in pamphlet and other forms, indorsed by distinguished names, have been sent forth from this central point and spread broadcast over the Union. How easy would it be for the American people to settle the slavery question forever and to restore peace and harmony to this distracted country! They, and they alone, can do it. All that is necessary to accomplish the object, and all for which the slave States have ever contended, is to be let alone and permitted to manage their domestic institutions in their own way. As sovereign States, they, and they alone, are responsible before God and the world for the slavery existing among them. For this the people of the North are not more responsible and have no more right to interfere than with similar institutions in Russia or in Brazil. Upon their good sense and patriotic forbearance I confess I still greatly rely. Without their aid it is beyond the power of any President, no matter what may be his own political proclivities, to restore peace and harmony among the States. Wisely limited and restrained as is his power under our Constitution and laws, he alone can accomplish but 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 fellow-citizens to the office of President does not of itself afford just because for dissolving the Union. This is more especially true if his election has been effected by a mere plurality, and not a majority of the people, and has resulted from transient and temporary causes, which may probably never again occur. In order to justify a resort to revolutionary resistance, the Federal Government must be guilty of "a deliberate, palpable, and dangerous exercise" of powers not granted by the Constitution. The late Presidential election, however, has been held in strict conformity with its express provisions. How, then, can the result justify a revolution to destroy this very Constitution? Reason, justice, a regard for the Constitution, all require that we shall wait for some overt and dangerous act on the part of the President elect before resorting to such a remedy. It is said, however, that the antecedents of the President-elect have been sufficient to justify the fears of the South that he will attempt to invade their constitutional rights. But are such apprehensions of contingent danger in the future sufficient to justify the immediate destruction of the noblest system of government ever devised by mortals? From the very nature of his office and its high responsibilities he must necessarily be conservative. The stern duty of administering the vast and complicated concerns of this Government affords in itself a guaranty that he will not attempt any violation of a clear constitutional right. After all, he is no more than the chief executive officer of the Government. His province is not to make but to execute the laws. And it is a remarkable fact in our history that, notwithstanding the repeated efforts of the antislavery party, no single act has ever passed Congress, unless we may possibly except the Missouri compromise, impairing in the slightest degree the rights of the South to their property in slaves; and it may also be observed, judging from present indications, that no probability exists of the passage of such an act by a majority of both Houses, either in the present or the next Congress. Surely under these circumstances we ought to be restrained from present action by the precept of Him who spake as man never spoke, that "sufficient 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 because for immediate secession that the Southern States are denied equal rights with the other States 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 property, and, like all other property, their owners have a right to take them into the common Territories and hold them there under the protection of the Constitution. So far then, as Congress is concerned, the objection is not to anything they have already done, but to what they may do hereafter. It will surely be admitted that this apprehension of future danger is no good reason for an immediate dissolution of the Union. It is true that the Territorial legislature of Kansas, on the 23d February, 1860, passed in great haste an act over the veto of the governor declaring that slavery "is and shall be forever prohibited in this Territory." Such an act, however, plainly violating the rights of property secured by the Constitution, will surely be declared void by the judiciary whenever it shall be presented in a legal form. Only three days after my inauguration the Supreme Court of the United States solemnly adjudged that this power did not exist in a Territorial legislature. 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 conflicts throughout the country. Those who have appealed from this judgment of our highest constitutional tribunal to popular assemblies would, if they could, invest a Territorial legislature with power to annul the sacred rights of property. This power Congress is expressly forbidden by the Federal Constitution to exercise. Every State legislature in the Union is forbidden by its own constitution to exercise it. It can not be exercised in any State except by the people in their highest sovereign capacity, when framing or amending their State constitution. In like manner it can only be exercised by the people of a Territory represented in a convention of delegates for the purpose of framing a constitution preparatory to admission as a State into the Union. Then, and not until then, are they invested with power to decide the question whether slavery shall or shall not exist within their limits. This is an act of sovereign authority, and not of subordinate Territorial legislation. Were it otherwise, then indeed would the equality of the States in the Territories be destroyed, and the rights of property in slaves would depend not upon the guaranties of the Constitution, but upon the shifting majorities of an irresponsible Territorial legislature. Such a doctrine, from its intrinsic unsoundness, can not long influence any considerable portion of our people, much less can it afford a good reason for a dissolution of the Union. The most palpable violations of constitutional duty which have yet been committed consist in the acts of different State legislatures to defeat the execution of the fugitive-slave law. It ought to be remembered, however, that for these acts neither Congress nor any President can justly be held responsible. Having been passed in violation of the Federal Constitution, they are therefore null and void. All the courts, both State and national, before whom the question has arisen have from the beginning declared the fugitive-slave law to be constitutional. The single exception is that of a State court in Wisconsin, and this has not only been reversed by the proper appellate tribunal, but has met with such universal reprobation that there can be no danger from it as a precedent. The validity of this law has been established over and over again by the Supreme Court of the United States with perfect unanimity. It is founded upon an express provision of the Constitution, requiring that fugitive slaves who escape from service in one State to another shall be "delivered up" to their masters. Without this provision it is a well-known historical fact that the Constitution itself could never have been adopted by the Convention. In one form or other, under the acts of 1793 and 1850, both being substantially the same, the fugitive-slave law has been the law of the land from the days of Washington until the present moment. Here, then, a clear case is presented in which it will be the duty of the next President, as it has been my own, to act with vigor in executing this supreme law against the conflicting enactments of State legislatures. Should he fail in the performance of this high duty, he will then have manifested a disregard of the Constitution and laws, to the great injury of the people of nearly one-half of the States of the Union. But are we to presume in advance that he will thus violate his duty? This would be at war with every principle of justice and of Christian charity. Let us wait for the overt act. The fugitive-slave law has been carried into execution in every contested case since the commencement of the present Administration, though Often, it is to be regretted, with great loss and inconvenience to the master and with considerable expense to the Government. Let us trust that the State legislatures will repeal their unconstitutional and obnoxious enactments. Unless this shall be done without unnecessary delay, it is impossible for any human power to save the Union. The Southern States, standing on the basis of the Constitution, have right to demand this act of justice from the States of the North. Should it be refused, then the Constitution, to which all the States are parties, will have been willfully violated by one portion of them in a provision essential to the domestic security and happiness of the remainder. In that event the injured States, after having first used all peaceful and constitutional means to obtain redress, would be justified in revolutionary resistance to the Government of the Union. I have purposely confined my remarks to revolutionary resistance, because it has been claimed within the last few years that any State, whenever this shall be its sovereign will and pleasure, may secede from the Union in accordance with the Constitution and without any violation of the constitutional rights of the other members of the Confederacy; that as each became parties to the Union by the vote of its own people assembled in convention, so any one of them may retire from the Union in a similar manner by the vote of such a convention. In order to justify secession as a constitutional remedy, it must be on the principle that the Federal Government is a mere voluntary association of States, to be dissolved at pleasure by any one of the contracting parties. If this be so, the Confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as many petty, jarring, and hostile republics, each one retiring from the Union without responsibility whenever any sudden excitement might impel them to such a course. By this process a Union might be entirely broken into fragments in a few weeks which cost our forefathers many years of toil, privation, and blood to establish. Such a principle is wholly inconsistent with the history as well as the character of the Federal Constitution. After it was framed with the greatest deliberation and care it was submitted to conventions of the people of the several States for ratification. Its provisions were discussed at length in these bodies, composed of the first men of the country. Its opponents contended that it conferred powers upon the Federal Government dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehensions. In that mighty struggle between the first intellects of this or any other country it never occurred to any individual, either among its opponents or advocates, to assert or even to intimate that their efforts were all vain labor, because the moment that any State felt herself aggrieved she might secede from the Union. What a crushing argument would this have proved against those who dreaded that the rights of the States would be endangered by the Constitution! The truth is that it was not until many years after the origin of the Federal Government that such a proposition was first advanced. It was then met and refuted by the conclusive arguments of General Jackson, who in his message of the 16th of January, 1833, transmitting the nullifying ordinance of South Carolina to Congress, employs the following language: The right of the people of a single State to absolve themselves at will and without the consent of the other States from their most solemn obligations, and hazard the liberties and happiness of the millions composing this Union, can not be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted and to the objects which it is expressly formed to attain. It is not pretended that any clause in the Constitution gives countenance to such a theory. It is altogether rounded upon inference; not from any language contained in the instrument itself, but from the sovereign character of the several States by which it was ratified. But is it beyond the power of a State, like an individual, to yield a portion of its sovereign rights to secure the remainder? In the language of Mr. Madison, who has been called the father of the Constitution-- It was formed by the States; 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 constitutions. Nor is the Government of the United States, created by the Constitution, less a government, in the strict sense of the term, within the sphere of its powers than the governments created by the constitutions of the States are within their several spheres. It is, like them, organized into legislative, 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 contracting parties. The old Articles of Confederation were entitled "Articles of Confederation and Perpetual Union between the States," and by the thirteenth article it is expressly declared that "the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual." The preamble to the Constitution of the United States, having express reference to the Articles of Confederation, recites that it was established "in order to form a more perfect union." And yet it is contended that this "more perfect union" does not include the essential attribute of perpetuity. But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the Constitution on the Federal Government. These powers embrace the very highest attributes of national sovereignty. They place both the sword and the purse under its control. Congress has power to make war and to make peace, to raise and support armies and navies, and to conclude treaties with foreign governments. It is invested with the power to coin money and to regulate the value thereof, and to regulate commerce with foreign nations and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Government. In order to carry the enumerated powers into effect, Congress possesses the exclusive right to lay and collect duties on imports, and, in common with the States, to lay and collect all other taxes. But the Constitution has not only conferred these high powers upon Congress, but it has adopted effectual means to restrain the States from interfering with their exercise. For that purpose it has in strong prohibitory language expressly declared that-- No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. Moreover-- No State shall without the consent of the Congress lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws. And if they exceed this amount the excess shall belong, to the United States. And-- No State shall without the consent of Congress lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay. In order still further to secure the uninterrupted exercise of these high powers against State interposition, it is provided that-- This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. The solemn sanction of religion has been superadded to the obligations of official duty, and all Senators and Representatives of the United States, all members of State legislatures, and all executive and judicial officers, "both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution." In order to carry into effect these powers, the Constitution has established a perfect Government in all its forms--legislative, executive, and judicial; and this Government to the extent of its powers acts directly upon the individual citizens of every State, and executes its own decrees by the agency of its own officers. In this respect it differs entirely from the Government under the old Confederation, which was confined to making requisitions on the States in their sovereign character. This left it in the discretion of each whether to obey or to refuse, and they often declined to comply with such requisitions. It thus became necessary for the purpose of removing this barrier and "in order to form a more perfect union" to establish a Government which could act directly upon the people and execute its own laws without the intermediate 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 authority from the sovereign people of each of the several States, has precisely the same right to exercise its power over the people of all these States in the enumerated cases that each one of them possesses over subjects not delegated to the United States, but "reserved to the States respectively or to the people." To the extent of the delegated powers the Constitution of the United States is as much a part of the constitution of each State and is as binding upon its people as though it had been textually inserted therein. This Government, therefore, is a great and powerful Government, invested with all the attributes of sovereignty over the special subjects to which its authority extends. Its framers never intended to implant in its bosom the seeds of its own destruction, nor were they at its creation guilty of the absurdity of providing for its own dissolution. It was not intended by its framers to be the baseless fabric of a vision, which at the touch of the enchanter would vanish into thin air, but a substantial and mighty fabric, capable of resisting the slow decay of time and of defying the storms of ages. Indeed, well may the jealous patriots of that day have indulged fears that a Government of such high powers might violate the reserved rights of the States, and wisely did they adopt the rule of a strict construction of these powers to prevent the danger. But they did not fear, nor had they any reason to imagine, that the Constitution would ever be so interpreted 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 without redress against the tyranny and oppression of the Federal Government? By no means. The right of resistance on the part of the governed against the oppression of their governments can not be denied. It exists independently of all constitutions, and has been exercised at all periods of the world's history. Under it old governments have been destroyed and new ones have taken their place. It is embodied in strong and express language in our own Declaration of Independence. But the distinction must ever be observed that this is revolution against an established government, and not 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 neither more nor less than revolution. It may or it may not be a justifiable revolution, but still it is revolution. What, in the meantime, is the responsibility and true position of the Executive? He is bound by solemn oath, before God and the country, "to take care that the laws be faithfully executed," and from this obligation he can not be absolved by any human power. But what if the performance of this duty, in whole or in part, has been rendered impracticable by events over which he could have exercised no control? Such at the present moment is the case throughout the State of South Carolina so far as the laws of the United States to secure the administration of justice by means of the Federal judiciary are concerned. All the Federal officers within its limits through whose agency alone these laws can be carried into execution have already resigned. We no longer have a district judge, a district attorney, or a marshal in South Carolina. In fact, the whole machinery of the Federal Government necessary for the distribution of remedial justice among the people has been demolished, and it would be difficult, if not impossible, to replace it. The only acts of Congress on the statute book bearing upon this subject are those of February 28, 1795, and March 3, 1807. These authorize the President, after he shall have ascertained that the marshal, with his posse comitatus, is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the Army and Navy to aid him in performing this service, having first by proclamation commanded the insurgents "to disperse and retire peaceably to their respective abodes within a limited time" This duty can not by possibility be performed in a State where no judicial authority exists to issue process, and where there is no marshal to execute it, and where, even if there were such an officer, the entire population would constitute one solid combination to resist him. The bare enumeration of these provisions proves how inadequate they are without further legislation to overcome a united opposition in a single State, not to speak of other States who may place themselves in a similar attitude. Congress alone has power to decide whether the present laws can or can not be amended so as to carry out more effectually 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 collected as heretofore at the custom-house in Charleston, and should the collector unfortunately resign a successor may be appointed to perform this duty. Then, in regard to the property of the United States in South Carolina. This has been purchased for a fair equivalent, "by the consent of the legislature of the State," "for the erection of forts, magazines, arsenals," etc., and over these the authority "to exercise exclusive legislation" has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contingency the responsibility for consequences would rightfully rest upon the heads of the assailants. Apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall be the relations between the Federal Government and South Carolina. He has been invested with no such discretion. He possesses no power to change the relations heretofore existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolution of the confederacy among our thirty-three sovereign States. It bears no resemblance to the recognition of a foreign de facto government, involving no such responsibility. Any attempt to do this would, on his part, be a naked act of usurpation. It is therefore my duty to submit to Congress the whole question in all its bearings . The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important 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 actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution. It appears from the proceedings of that body that on the 31st May, 1787, the clause "authorizing an exertion of the force of the whole against a delinquent State" came up for consideration. Mr. Madison opposed it in a brief but powerful speech, from which I shall extract but a single sentence. He observed: The use of force against a State would look more like a declaration of war than an infliction of punishment, and would probably 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, I believe, again presented. Soon afterwards, on the 8th June, 1787, when incidentally adverting to the subject, he said: "Any government for the United States formed on the supposed practicability of using force against the unconstitutional proceedings of the States would prove as visionary and fallacious as the government of Congress," evidently meaning the then existing Congress of the old Confederation. Without descending to particulars, it may be safely asserted that the power to make war against a State is at variance with the whole spirit and intent of the Constitution. Suppose such a war should result in the conquest of a State; how are we to govern it afterwards? Shall we hold it as a province and govern it by despotic power? In the nature of things, we could not by physical force control the will of the people and compel them to elect Senators and Representatives to Congress and to perform all the other duties depending upon their own volition and required from the free citizens of a free State as a constituent member of the Confederacy. But if we possessed this power, would it be wise to exercise it under existing circumstances? The object would doubtless be to preserve the Union. War would not only present the most effectual means of destroying it, but would vanish all hope of its peaceable reconstruction. Besides, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering future reconciliation between the States impossible. In the meantime, who can foretell what would be the sufferings and privations of the people during its existence? The fact is that our Union rests upon public opinion, and can never be cemented by the blood of its citizens she would in civil war. If it can not live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hand to preserve it by force. But may I be permitted solemnly to invoke my countrymen to pause and deliberate before they determine to destroy this the grandest temple which has ever been dedicated to human freedom since the world began? It has been consecrated by the blood of our fathers, by the glories of the past, and by the hopes of the future. The Union has already made us the most prosperous, and ere long will, if preserved, render us the most powerful, nation on the face of the earth. In every foreign region of the globe the title of American citizen is held in the highest respect, and when pronounced in a foreign land it causes the hearts of our countrymen to swell with honest pride. Surely when we reach the brink of the yawning abyss we shall recoil with horror from the last fatal plunge. By such a dread catastrophe the hopes of the friends of freedom throughout the world would be destroyed, and a long night of leaden despotism would enshroud the nations. Our example for more than eighty years would not only be lost, but it would be quoted as a conclusive proof that man is unfit for self-government. It is not every wrong--nay, it is not every grievous wrong--which can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despairing people, after every other constitutional means of conciliation had been exhausted. We should reflect that under this free Government there is an incessant ebb and flow in public opinion. The slavery question, like everything human, will have its day. I firmly believe that it has reached and passed the culminating point. But if in the midst of the existing excitement the Union shall perish, the evil may then become irreparable. Congress can contribute much to avert it by proposing and recommending to the legislatures of the several States the remedy for existing evils which the Constitution has itself provided for its own preservation. This has been tried at different critical periods of our history, and always with eminent success. It is to be found in the fifth article, providing for its own amendment. Under this article amendments have been proposed by two-thirds of both Houses of Congress, and have been "ratified by the legislatures of three-fourths of the several States," and have consequently become parts of the Constitution. To this process the country is indebted for the clause prohibiting Congress from passing any law respecting an establishment of religion or abridging the freedom of speech or of the press or of the right of petition. To this we are also indebted for the bill of rights which secures the people against any abuse of power by the Federal Government. Such were the apprehensions justly entertained by the friends of State rights at that period as to have rendered it extremely doubtful whether the Constitution could have long survived without those amendments. Again the Constitution was amended by the same process, after the election of President Jefferson by the House of Representatives, in February, 1803. This amendment was rendered necessary to prevent a recurrence of the dangers which had seriously threatened the existence of the Government during the pendency of that election. The article for its own amendment was intended to secure the amicable adjustment of conflicting constitutional questions like the present which might arise between the governments of the States and that of the United States. This appears from contemporaneous history. In this connection I shall merely call attention to a few sentences in Mr. Madison's justly celebrated report, in 1799, to the legislature of Virginia. In this he ably and conclusively defended the resolutions of the preceding legislature against the strictures of several other State legislatures. These were mainly rounded upon the protest of the Virginia legislature against the "alien and sedition acts," as "palpable and alarming infractions of the Constitution." In pointing out the peaceful and constitutional remedies--and he referred to none other--to which the States were authorized to resort on such occasions, he concludes by saying that-- The legislatures of the States might have made a direct representation to Congress 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 amendment to the Constitution; or two-thirds of themselves, if such 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 earnestly recommend in order to obtain an "explanatory amendment" of the Constitution on the subject of slavery. This might originate with Congress or the State legislatures, as may be deemed most advisable to attain the object. The 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 exist. 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 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 another restored and "delivered up" to him, and of the validity of the fugitive-slave law enacted for this purpose, together with a declaration that all State laws impairing or defeating this right are violations of the Constitution, and are consequently null and void. It may be objected that this construction of the Constitution has already been settled by the Supreme Court of the United States, and what more ought to be required? The answer is that a very large proportion of the people of the United States still contest the correctness of this decision, and never will cease from agitation and admit its binding force until clearly established by the people of the several States in their sovereign character. Such an explanatory amendment would, it is believed, forever terminate the existing 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 States of the Confederacy. In any event, it ought to be tried in a spirit of conciliation before any of these States shall separate themselves from the Union. When I entered upon the duties of the Presidential office, the aspect neither of our foreign nor domestic affairs was at all satisfactory. We were involved in dangerous complications with several nations, and two of our Territories were in a state of revolution against the Government. A restoration of the African slave trade had numerous and powerful advocates. Unlawful military expeditions were countenanced by many of our citizens, and were suffered, in defiance of the efforts of the Government, to escape from our shores for the purpose of making war upon the unoffending people of neighboring republics with whom we were at peace. In addition to these and other difficulties, we experienced a revulsion in monetary affairs soon after my advent to power of unexampled severity and of ruinous consequences to all the great interests of the country. When we take a retrospect of what was then our condition and contrast this with its material prosperity at the time of the late Presidential election, we have abundant reason to return our grateful thanks to that merciful Providence which has never forsaken us as a nation in all our past trials. Our relations with Great Britain are of the most friendly character. Since the commencement of my Administration the two dangerous questions arising from the Clayton and Bulwer treaty and from the right of search claimed by the British Government have been amicably and honorably adjusted. The discordant constructions of the Clayton and Bulwer treaty between the two Governments, which at different periods of the discussion bore a threatening aspect, have resulted in a final settlement entirely satisfactory to this Government. In my last annual message I informed Congress that the British Government had not then "completed treaty arrangements with the Republics of Honduras and Nicaragua in pursuance of the understanding between the two Governments. It is, nevertheless, confidently expected that this good work will ere long be accomplished." This confident expectation has since been fulfilled. Her Britannic Majesty concluded a treaty with Honduras on the 28th November, 1859, and with Nicaragua on the 28th August, 1860, relinquishing the Mosquito protectorate. Besides, by the former the Bay Islands are recognized as a part of the Republic of Honduras. It may be observed that the stipulations of these treaties conform in every "important particular to the amendments adopted by the Senate of the United States to the treaty concluded at London on the 17th October, 1856, between the two Governments. It will be recollected that this treaty was rejected 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 be a source of sincere satisfaction to all classes of our fellow-citizens, and especially to those engaged in foreign commerce, that the claim on the part of Great Britain forcibly to visit and search American merchant vessels on the high seas in time of peace has 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 merchant vessels by British cruisers on the coast of Cuba in the spring of 1858. The American people hailed with general acclaim the orders of the Secretary of the Navy 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 the vessels of war of any other nation." These orders might have produced an immediate 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 nations as expounded by her own most eminent jurists. The only question of any importance which still remains open is the disputed title between the two Governments to the island of San Juan, in the vicinity of Washington Territory. As this question is still under negotiation, it is not deemed advisable at the present moment to make any other allusion to the subject. 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 can not fail to increase the kindred and kindly feelings which I trust may ever actuate the Government and people of both countries in their political and social intercourse with each other. With France, our ancient and powerful ally, our relations continue to be of the most friendly character. A decision has recently been made by a French judicial tribunal, with the approbation of the Imperial Government, which can not fail to foster the sentiments of mutual regard that have so 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 natural right of expatriation, it follows as a necessary consequence that a Frenchman by the fact of having become a citizen of the United States has changed his allegiance and has lost his native character. He can not therefore be compelled to serve in the French armies in case he should return to his native country. These principles were announced in 1852 by the French minister of war and in two late cases have been confirmed by the French judiciary. In these, two natives of France have been discharged from the French army because they had become American citizens. To employ the language of our present minister to France, who has rendered good service on this occasion. "I do not think our French naturalized fellow-citizens will hereafter experience much annoyance on this subject." I venture to predict that the time is not far distant when the other continental powers will adopt the same wise and just policy which has done so much honor to the enlightened Government of the Emperor. In any event, our Government is bound to protect the rights of our naturalized citizens everywhere to the same extent as though they had drawn their first breath in this country. We can recognize no distinction between our native and naturalized citizens. Between the great Empire of Russia and the United States the mutual friendship and regard which has so long existed still continues to prevail, and if possible to increase. Indeed, our relations with that Empire are all that we could desire. Our relations with Spain are now of a more complicated, though less dangerous, character than they have been for many years. Our citizens have long held and continue to hold numerous claims against the Spanish Government. These had been ably urged for a series of years by our successive diplomatic representatives at Madrid, but without obtaining redress. The Spanish Government finally agreed to institute a joint commission for the adjustment of these claims, and on the 5th day of March, 1860, concluded a convention for this purpose with our present minister at Madrid. Under this convention what have been denominated the "Cuban claims," amounting to $128,635.54, in which more than 100 of our fellow-citizens are interested, were recognized, and the Spanish Government agreed to pay $100,000 of this amount "within three months following the exchange of ratifications." The payment of the remaining $28,635.54 was to await the decision of the commissioners for or against the Amistad claim; but in any event the balance was to be paid to the claimants either by Spain or the United States. These terms, I have every reason to know, are highly satisfactory to the holders of the Cuban claims. Indeed, they have made a formal offer authorizing the State Department to settle these claims and to deduct the amount of the Amistad claim from the sums which they are entitled to receive from Spain. This offer, of course, can not be accepted. All other claims of citizens of the United States against Spain, or the subjects of the Queen of Spain against the United States, including the Amistad claim, were by this convention referred to a board of commissioners in the usual form. Neither the validity of the Amistad claim nor of any other claim against either party, with the single exception of the Cuban claims, was recognized by the convention. Indeed, the Spanish Government did not insist that the validity of the Amistad claim should be thus recognized, notwithstanding its 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 examination and decision like the other claims. Both Governments were bound respectively 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 of May, 1860, and on the 27th of the succeeding June they determined that they would "not advise and consent" to its ratification. These proceedings place our relations with Spain in an awkward and embarrassing position. It is more than probable that the final adjustment of these claims will devolve upon my successor. I reiterate the recommendation contained in my annual message of December, 1858, and repeated in that of December, 1859, in favor of the acquisition of Cuba from Spain by fair purchase. I firmly believe that such an acquisition would contribute essentially to the well-being and prosperity of both countries in all future time, as well as prove the certain means of immediately abolishing the African slave trade throughout the world. I would not repeat this recommendation upon the present occasion if I believed that the transfer of Cuba to the United States upon conditions highly favorable to Spain could justly tarnish the national honor of the proud and ancient Spanish monarchy. Surely no person ever attributed to the first Napoleon a disregard of the national honor of France for transferring Louisiana to the United States for a fair equivalent, both in money and commercial advantages. With the Emperor of Austria and the remaining continental powers of Europe, including that of the Sultan, our relations continue to be of the most friendly character. The friendly and peaceful policy pursued by the Government of the United States toward the Empire of China has produced the most satisfactory results. The treaty of Tien-tsin of the 18th June, 1858, has been faithfully observed by the Chinese authorities. The convention of the 8th November, 1858, supplementary to this treaty, for the adjustment and satisfaction of the claims of our citizens on China referred to in my last annual message, has been already carried into effect so far as this was practicable. Under this convention the sum of 500,000 taels, equal to about $700,000, was stipulated to be paid in satisfaction of the claims of American citizens out of the one-fifth of the receipts for tonnage, import, and export duties on American vessels at the ports of Canton, Shanghai, and Fuchau, and it was "agreed that this amount shall 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 for Canton, 100,000 for Shanghai, and 100,000 for Fuchau, were delivered, according to the terms of the convention, by the respective Chinese collectors of the customs of these ports to the agent selected by our minister to receive the same. Since that time the claims of our citizens have been adjusted by the board of commissioners appointed for that purpose 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 amount to the sum of $498,694.78. The claimants have already received a large proportion of the sums awarded to them out of the fund provided, and it is confidently expected that the remainder will ere long be entirely paid. After the awards shall have been satisfied there will remain a surplus of more than $200,000 at the disposition of Congress. As this will, in equity, belong to the Chinese Government, would not justice require its appropriation to some benevolent object in which the Chinese may be specially interested? Our minister to China, in obedience to his instructions, has remained perfectly neutral in the war between Great Britain and France and the Chinese Empire, although, in conjunction with the Russian minister, he was ever ready and willing, had the opportunity offered, to employ his good offices in restoring peace between the parties. It is but an act of simple justice, both to our present minister and his predecessor, to state that they have proved fully equal to the delicate, trying, and responsible positions in which they have on different occasions been placed. The ratifications of the treaty with Japan concluded at Yeddo on the 29th July, 1858, were exchanged at Washington on the 22d May last, and the treaty itself was proclaimed on the succeeding day. There is good reason to expect that under its protection and influence our trade and intercourse with that distant and interesting people will rapidly increase. The ratifications of the treaty were exchanged with unusual solemnity. For this purpose the Tycoon had accredited three of his most distinguished subjects as envoys extraordinary and ministers plenipotentiary, who were received and treated with marked distinction and kindness, both by the Government and people of the United States. There is every reason to believe that they have returned to their native land entirely satisfied with their visit and inspired by the most friendly feelings for our country. Let us ardently hope, in the language of the treaty itself, that "there shall henceforward be perpetual peace and friendship between the United States of America and His Majesty the Tycoon of Japan and his successors." With the wise, conservative, and liberal Government of the Empire of Brazil our relations continue to be of the most amicable character. The exchange of the ratifications of the convention with the Republic of New Granada signed at Washington on the 10th of September, 1857, has been long delayed from accidental causes for which neither party is censurable. These ratifications were duly exchanged in this city on the 5th of November last. Thus has a controversy been amicably terminated which had become so serious at the period of my inauguration as to require me, on the 17th of April, 1857, to direct our minister to demand his passports and return to the United States. Under this convention the Government of New Granada has specially acknowledged itself to be responsible to our citizens "for damages which were caused by the riot at Panama on the 15th April, 1856." These claims, together with other claims of our citizens which had been long urged in vain, are referred for adjustment to a board of commissioners. I submit a copy of the convention to Congress, and recommend the legislation necessary to carry it into effect. Persevering efforts have been made for the adjustment of the claims of American citizens against the Government of Costa Rica, and I am happy to inform you that these have finally prevailed. A convention was signed at the city of San Jose on the 2d July last, between the minister resident of the United States in Costa Rica and the plenipotentiaries of that Republic, referring these claims to a board of commissioners and providing for the payment of their awards. This convention will be submitted immediately to the Senate for their constitutional action. The claims of our citizens upon the Republic of Nicaragua have not yet been provided for by treaty, although diligent efforts for this purpose have been made by our minister resident to that Republic. These are still continued, with a fair prospect of success. Our relations with Mexico remain in a most unsatisfactory condition. In my last two annual messages I discussed extensively the subject of these relations, and do not now propose to repeat at length the facts and arguments then presented. They proved conclusively that our citizens residing in Mexico and our merchants trading thereto had suffered a series of wrongs and outrages such as we have never patiently borne from any other nation. For these our successive ministers, invoking the faith of treaties, had in the name of their country persistently demanded redress and indemnification, but without the slightest effect. Indeed, so confident had the Mexican authorities become of our patient endurance that they universally believed they might commit these outrages upon American citizens with absolute impunity. Thus wrote our minister in 1856, and expressed the opinion that "nothing but a manifestation of the power of the Government and of its purpose to punish these wrongs will avail." Afterwards, in 1857, came the adoption of a new constitution for Mexico, the election of a President and Congress under its provisions, and the inauguration of the President. Within one short month, however, this President was expelled from the capital by a rebellion in the army, and the supreme power of the Republic was assigned to General Zuloaga. This usurper was in his turn soon compelled to retire and give place to General Miramon. Under the constitution which had thus been adopted Senor Juarez, as chief justice of the supreme court, became the lawful President of the Republic, and it was for the maintenance of the constitution and his authority derived from it that the civil war commenced and still continues to be prosecuted. Throughout the year 1858 the constitutional party grew stronger and stronger. In the previous history of Mexico a successful military revolution at the capital had almost universally been the signal for submission throughout the Republic. Not so on the present occasion. A majority of the citizens persistently sustained the constitutional Government. When this was recognized, in April, 1859, by the Government of the United States, its authority extended over a large majority of the Mexican States and people, including Vera Cruz and all the other important seaports of the Republic. From that period our commerce with Mexico began to revive, and the constitutional Government has afforded it all the protection in its power. Meanwhile the Government of Miramon still held sway at the capital and over the surrounding country, and continued its outrages against the few American citizens who still had the courage to remain within its power. To cap the climax, after the battle of Tacubaya, in April, 1859, General Marquez ordered three citizens of the United States, two of them physicians, to be seized in the hospital at that place, taken out and shot, without crime and without trial. This was done, notwithstanding our unfortunate countrymen were at the moment engaged in the holy because of affording relief to the soldiers of both parties who had been wounded in the battle, without making any distinction between them. The time had arrived, in my opinion, when this Government was bound to exert its power to avenge and redress the wrongs of our citizens and to afford them protection in Mexico. The interposing obstacle was that the portion of the country under the sway of Miramon could not be reached without passing over territory under the jurisdiction of the constitutional Government. Under these circumstances I deemed it my duty to recommend to Congress in my last annual message the employment of a sufficient military force to penetrate into the interior, where the Government of Miramon was to be found, with or, if need be, without the consent of the Juarez Government, though it was not doubted that this consent could be obtained. Never have I had a clearer conviction on any subject than of the justice as well as wisdom of such a policy. No other alternative was left except the entire abandonment of our fellow-citizens who had gone to Mexico under the faith of treaties to the systematic injustice, cruelty, and oppression of Miramon's Government. Besides, it is almost certain that the simple authority to employ this force would of itself have accomplished all our objects without striking a single blow. The constitutional Government would then ere this have been established at the City of Mexico, and would have been ready and willing to the extent of its ability to do us justice. In addition--and I deem this a most important consideration--European Governments would have been deprived of all pretext to interfere in the territorial and domestic concerns of Mexico. We should thus have been relieved from the obligation of resisting, even by force should this become necessary, any attempt by these Governments to deprive our neighboring Republic of portions of her territory--a duty from which we could not shrink without abandoning the traditional and established policy of the American people. I am happy to observe that, firmly relying upon the justice and good faith of these Governments, there is no present danger that such a contingency will happen. Having discovered that my recommendations would not be sustained by Congress, the next alternative was to accomplish in some degree, if possible, the same objects by treaty stipulations with the constitutional Government. Such treaties were accordingly concluded by our late able and excellent minister to Mexico, and on the 4th of January last were submitted to the Senate for ratification. As these have not yet received the final action of that body, it would be improper for me to present a detailed statement of their provisions. Still, I may be permitted to express the opinion in advance that they are calculated to promote the agricultural, manufacturing, and commercial interests of the country and to secure our just influence with an adjoining Republic as to whose fortunes and fate we can never feel indifferent, whilst at the same time they provide for the payment of a considerable amount toward the satisfaction of the claims of our injured fellow-citizens. At the period of my inauguration I was confronted in Kansas by a revolutionary government existing under what is called the "Topeka constitution." Its avowed object was to subdue the Territorial government by force and to inaugurate what was called the "Topeka government" in its stead. To accomplish this object an extensive military organization was formed, and its command intrusted to the most violent revolutionary leaders. Under these circumstances it became my imperative duty to exert the whole constitutional power of the Executive to prevent the flames of civil war from again raging in Kansas, which in the excited state of the public mind, both North and South, might have extended into the neighboring States. The hostile parties in Kansas had been inflamed against each other by emissaries both from the North and the South to a degree of malignity without parallel in our history. To prevent actual collision and to assist the civil magistrates in enforcing the laws, a strong detachment of the Army was stationed in the Territory, ready to aid the marshal and his deputies when lawfully called upon as a posse comitatus in the execution of civil and criminal process. Still, the troubles in Kansas could not have been permanently settled without an election by the people. The ballot box is the surest arbiter of disputes among freemen. Under this conviction every proper effort was employed to induce the hostile parties to vote at the election of delegates to frame a State constitution, and afterwards at the election to decide whether Kansas should be a slave or free State. The insurgent party refused to vote at either, lest this might be considered a recognition on their part of the Territorial government established by Congress. A better spirit, however, seemed soon after to prevail, and the two parties met face to face at the third election, held on the first Monday of January, 1858, for members of the legislature and State officers under the Lecompton constitution. The result was the triumph of the antislavery party at the polls. This decision of the ballot box proved clearly that this party were in the majority, and removed the danger of civil war. From that time we have heard little or nothing of the Topeka government, and all serious danger of revolutionary troubles in Kansas was then at an end. The Lecompton constitution, which had been thus recognized at this State election by the votes of both political parties in Kansas, was transmitted to me with the request that I should present it to Congress. This I could not have refused to do without violating my clearest and strongest convictions of duty. The constitution and all the proceedings which preceded and followed its formation were fair and regular on their face. I then believed, and experience has proved, that the interests of the people of Kansas would have been best consulted by its admission as a State into the Union, especially as the majority within a brief period could have amended the constitution according to their will and pleasure. If fraud existed in all or any of these proceedings, it was not for the President but for Congress to investigate and determine the question of fraud and what ought to be its consequences. If at the first two elections the majority refused to vote, it can not be pretended that this refusal to exercise the elective franchise could invalidate an election fairly held under lawful authority, even if they had not subsequently voted at the third election. It is true that the whole constitution had not been submitted to the people, as I always desired; but the precedents are numerous of the admission of States into the Union without such submission. It would not comport with my present purpose to review the proceedings of Congress upon the Lecompton constitution. It is sufficient to observe that their final action has removed the last vestige of serious revolutionary troubles. The desperate band recently assembled under a notorious outlaw in the southern portion of the Territory to resist the execution of the laws and to plunder peaceful citizens will, I doubt not be speedily subdued and brought to justice. Had I treated the Lecompton constitution as a nullity and refused to transmit it to Congress, it is not difficult to imagine, whilst recalling the position of the country at that moment, what would have been the disastrous consequences, both in and out of the Territory, from such a dereliction of duty on the part of the Executive. Peace has also been restored within the Territory of Utah, which at the commencement of my Administration was in a state of open rebellion. This was the more dangerous, as the people, animated by a fanatical spirit and intrenched within their distant mountain fastnesses, might have made a long and formidable resistance. Cost what it might, it was necessary to bring them into subjection to the Constitution and the laws. Sound policy, therefore, as well as humanity, required that this object should if possible be accomplished without the effusion of blood. This could only be effected by sending a military force into the Territory sufficiently strong to convince the people that resistance would be hopeless, and at the same time to offer them a pardon for past offenses on condition of immediate submission to the Government. This policy was pursued with eminent success, and the only because for regret is the heavy expenditure required to march a large detachment of the Army to that remote region and to furnish it subsistence. Utah is now comparatively peaceful and quiet, and the military force has been withdrawn, except that portion of it necessary to keep the Indians in check and to protect the emigrant trains on their way to our Pacific possessions. In my first annual message I promised to employ my best exertions in cooperation with Congress to reduce the expenditures of the Government within the limits of a wise and judicious economy. An overflowing Treasury had produced habits of prodigality and extravagance which could only be gradually corrected. The work required both time and patience. I applied myself diligently to this task from the beginning and was aided by the able and energetic efforts of the heads of the different Executive Departments. The result of our labors in this good because did not appear in the sum total of our expenditures for the first two years, mainly in consequence of the extraordinary expenditure necessarily incurred in the Utah expedition and the very large amount of the contingent expenses of Congress during this period. These greatly exceeded the pay and mileage of the members. For the year ending June 30, 1858, whilst the pay and mileage amounted to $1,490,214, the contingent expenses rose to $2,093,309.79; and for the year ending June 30, 1859, whilst the pay and mileage amounted to $859,093.66, the contingent expenses amounted to $1,431,565.78. I am happy, however, to be able to inform you that during the last fiscal year, ending June 30, 1860, the total expenditures of the Government in all its branches--legislative, executive, and judicial--exclusive of the public debt, were reduced to the sum of $55,402,465.46. This conclusively appears from the books of the Treasury. In the year ending June 30, 1858, the total expenditure, exclusive of the public debt, amounted to $71,901,129.77, and that for the year ending June 30, 1859, to $66,346,226.13. Whilst the books of the Treasury show an actual expenditure of $59,848,474.72 for the year ending June 30, 1860, including $1,040,667.71 for the contingent expenses of Congress, there must be deducted from this amount the sum of $4,296,009.26, with the interest upon it of $150,000, appropriated by the act of February 15, 1860, "for the purpose of supplying the deficiency in the revenues and defraying the expenses of the Post-Office Department for the year ending June 30, 1859." This sum therefore justly chargeable to the year 1859, must be deducted from the sum of $59,848,474.72 in order to ascertain the expenditure for the year ending June 30, 1860, which leaves a balance for the expenditures of that year of $55,402,465.46. The interest on the public debt, including Treasury notes, for the same fiscal year, ending June 30, 1860, amounted to $3,177,314.62, which, added to the above sum of $55,402,465.46, makes the aggregate of $58,579,780.08. It ought in justice to be observed that several of the estimates from the Departments for the year ending June 30, 1860, were reduced by Congress below what was and still is deemed compatible with the public interest. Allowing a liberal margin of $2,500,000 for this reduction and for other causes, it may be safely asserted that the sum of $61,000,000, or, at the most, $62,000,000, is amply sufficient to administer the Government and to pay the interest on the public debt, unless contingent events should hereafter render extraordinary expenditures necessary. This result has been attained in a considerable degree by the care exercised by the appropriate Departments in entering into public contracts. I have myself never interfered with the award of any such contract, except in a single case, with the Colonization Society, deeming it advisable to cast the whole responsibility in each case on the proper head of the Department, with the general instruction that these contracts should always be given to the lowest and best bidder. It has ever been my opinion that public contracts are not a legitimate source of patronage to be conferred upon personal or political favorites, but that in all such cases a public officer is bound to act for the Government as a prudent individual would act for himself. It is with great satisfaction I communicate the fact that since the date of my last annual message not a single slave has been imported into the United States in violation of the laws prohibiting the African slave trade. This statement is rounded upon a thorough examination and investigation of the subject. Indeed, the spirit which prevailed some time since among a portion of our fellow-citizens in favor of this trade seems to have entirely subsided. I also congratulate you upon the public sentiment which now exists against the crime of setting on foot military expeditions within the limits of the United States to proceed from thence and make war upon the people of unoffending States with whom we are at peace. In this respect a happy change has been effected since the commencement of my Administration. It surely ought to be the prayer of every Christian and patriot that such expeditions may never again receive countenance in our country or depart from our shores. It would be a useless repetition to do more than refer with earnest commendation to my former recommendations in favor of the Pacific railroad; of the grant of power to the President to employ the naval force in the vicinity for the protection of the lives and property of our fellow-citizens passing in transit over the different Central American routes against sudden and lawless outbreaks and depredations, and also to protect American merchant vessels, their crews and cargoes, against violent and unlawful seizure and confiscation in the ports of Mexico and the South American Republics when these may be in a disturbed and revolutionary condition. It is my settled conviction that without such a power we do not afford that protection to those engaged in the commerce of the country which they have a right to demand. I again recommend to Congress the passage of a law, in pursuance of the provisions of the Constitution, appointing a day certain previous to the 4th March in each year of an odd number for the election of Representatives throughout all the States. A similar power has already been exercised, with general approbation, in the appointment of the same day throughout the Union for holding the election of electors for President and Vice-President of the United States. My attention was earnestly directed to this subject from the fact that the Thirty-fifth Congress terminated on the 3d March, 1859, without making the necessary appropriation for the service of the Post-Office Department. I was then forced to consider the best remedy for this omission, and an immediate call of the present Congress was the natural resort. Upon inquiry, however, I ascertained that fifteen out of the thirty-three States composing the Confederacy were without Representatives, and that consequently these fifteen States would be disfranchised by such a call. These fifteen States will be in the same condition on the 4th March next. Ten of them can not elect Representatives, according to existing State laws, until different periods, extending from the beginning of August next until the months of October and November. In my last message I gave warning that in a time of sudden and alarming danger the salvation of our institutions might depend upon the power of the President immediately to assemble a full Congress to meet the emergency. It is now quite evident that the financial necessities of the Government will require a modification of the tariff during your present session for the purpose of increasing the revenue. In this aspect, I desire to reiterate the recommendation contained in my last two annual messages in favor of imposing specific instead of ad valorem duties on all imported articles to which these can be properly applied. From long observation and experience I am convinced that specific duties are necessary, both to protect the revenue and to secure to our manufacturing interests that amount of incidental encouragement which unavoidably results from a revenue tariff. As an abstract proposition it may be admitted that ad valorem duties would in theory be the most just and equal. But if the experience of this and of all other commercial nations has demonstrated that such duties can not be assessed and collected without great frauds upon the revenue, then it is the part of wisdom to resort to specific duties. Indeed, from the very nature of an ad valorem duty this must be the result. Under it the inevitable consequence is that foreign goods will be entered at less than their true value. The Treasury will therefore lose the duty on the difference between their real and fictitious value, and to this extent we are defrauded. The temptations which ad valorem duties present to a dishonest importer are irresistible. His object is to pass his goods through the custom-house at the very lowest valuation necessary to save them from confiscation. In this he too often succeeds in spite of the vigilance of the revenue officers. Hence the resort to false invoices, one for the purchaser and another for the custom-house, and to other expedients to defraud the Government. The honest importer produces his invoice to the collector, stating the actual price at which he purchased the articles abroad. Not so the dishonest importer and the agent of the foreign manufacturer. And here it may be observed that a very large proportion of the manufactures imported from abroad are consigned for sale to commission merchants, who are mere agents employed by the manufacturers. In such cases no actual sale has been made to fix their value. The foreign manufacturer, if he be dishonest, prepares an invoice of the goods, not at their actual value, but at the very lowest rate necessary to escape detection. In this manner the dishonest importer and the foreign manufacturer enjoy a decided advantage over the honest merchant. They are thus enabled to undersell the fair trader and drive him from the market. In fact the operation of this system has already driven from the pursuits of honorable commerce many of that class of regular and conscientious merchants whose character throughout the world is the pride of our country. The remedy for these evils is to be found in specific duties, so far as this may be practicable. They dispense with any inquiry at the custom-house into the actual cost or value of the article, and it pays the precise amount of duty previously fixed by law. They present no temptations to the appraisers of foreign goods, who receive but small salaries, and might by undervaluation in a few cases render themselves independent. Besides, specific duties best conform to the requisition in the Constitution that "no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another." Under our ad valorem system such preferences are to some extent inevitable, and complaints have often been made that the spirit of this provision has [p.3183] been violated by a lower appraisement of the same articles at one port than at another. An impression strangely enough prevails to some extent that specific duties are necessarily protective duties. Nothing can be more fallacious. Great Britain glories in free trade, and yet her whole revenue from imports is at the present moment collected under a system of specific duties. It is a striking fact in this connection that in the commercial treaty of January 23, 1860, between France and England one of the articles provides that the ad valorem duties which it imposes shall be converted into specific duties within six months from its date, and these are to be ascertained by making an average of the prices for six months previous to that time. The reverse of the propositions would be nearer to the truth, because a much larger amount of revenue would be collected by merely converting the ad valorem duties of a tariff into equivalent specific duties. To this extent the revenue would be increased, and in the same proportion the specific duty might be diminished. Specific duties would secure to the American manufacturer the incidental protection to which he is fairly entitled under a revenue tariff, and to this surely no person would object. The framers of the existing tariff have gone further, and in a liberal spirit have discriminated in favor of large and useful branches of our manufactures, not by raising the rate of duty upon the importation of similar articles from abroad, but, what is the same in effect, by admitting articles free of duty which enter into the composition of their fabrics. Under the present system it has been often truly remarked that this incidental protection decreases when the manufacturer needs it most and increases when he needs it least, and constitutes a sliding scale which always operates against him. The revenues of the country are subject to similar fluctuations. Instead of approaching a steady standard, as would be the case under a system of specific duties, they sink and rise with the sinking and rising prices of articles in foreign countries. It would not be difficult for Congress to arrange a system of specific duties which would afford additional stability both to our revenue and our manufactures and without injury or injustice to any interest of the country. This might be accomplished by ascertaining the average value of any given article for a series of years at the place of exportation and by simply converting the rate of ad valorem duty upon it which might be deemed necessary for revenue purposes into the form of a specific duty. Such an arrangement could not injure the consumer. If he should pay a greater amount of duty one year, this would be counterbalanced by a lesser amount the next, and in the end the aggregate would be the same. I desire to call your immediate attention to the present condition of the Treasury, so ably and clearly presented by the Secretary in his report to [p.3184] Congress, and to recommend that measures be promptly adopted to enable it to discharge its pressing obligations. The other recommendations of the report are well worthy of your favorable consideration. I herewith transmit to Congress the reports of the Secretaries of War, of the Navy, of the Interior, and of the Postmaster-General. The recommendations and suggestions which they contain are highly valuable and deserve your careful attention. The report of the Postmaster-General details the circumstances under which Cornelius Vanderbilt, on my request, agreed in the month of July last to carry the ocean mails between our Atlantic and Pacific coasts. Had he not thus acted this important intercommunication must have been suspended, at least for a season. The Postmaster-General had no power to make him any other compensation than the postages on the mail matter which he might carry. It was known at the time that these postages would fall far short of an adequate compensation, as well as of the sum which the same service had previously cost the Government. Mr. Vanderbilt, in a commendable spirit, was willing to rely upon the justice of Congress to make up the deficiency, and I therefore recommend that an appropriation may be granted for this purpose. I should do great injustice to the Attorney-General were I to omit the mention of his distinguished services in the measures adopted and prosecuted by him for the defense of the Government against numerous and unfounded claims to land in California purporting to have been made by the Mexican Government previous to the treaty of cession. The successful opposition to these claims has saved the United States public property worth many millions of dollars and to individuals holding title under them to at least an equal amount. It has been represented to me from sources which I deem reliable that the inhabitants in several portions of Kansas have been reduced nearly to a state of starvation on account of the almost total failure of their crops, whilst the harvests in every other portion of the country have been abundant. The prospect before them for the approaching winter is well calculated to enlist the sympathies of every heart. The destitution appears to be so general that it can not be relieved by private contributions, and they are in such indigent circumstances as to be unable to purchase the necessaries of life for themselves. I refer the subject to Congress. If any constitutional measure for their relief can be devised, I would recommend its adoption. I cordially commend to your favorable regard the interests of the people of this District. They are eminently entitled to your consideration, especially since, unlike the people of the States, they can appeal to no government except that of the Union.
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 energy and industry and have yielded fair and ample returns in short no nation in the tide of time has ever presented a spectacle of greater material prosperity than we have done until within a very recent period why is it then that discontent now so extensively prevails and the union of the states which is the source of all these blessings is threatened with destruction the and intemperate interference of the northern people with the question of slavery in the southern states has at length produced its natural effects the different sections of the union are now 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 impending danger this does not proceed solely from the claim on the part of congress or the territorial legislatures to exclude slavery from the territories nor from the efforts of different states to defeat the execution of the law all or 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 immediate peril arises not so much from these causes as from the fact that the incessant and violent agitation of the slavery question throughout the north for the last quarter of a century has at length produced its malign influence on the slaves and inspired them with vague notions of freedom hence a sense of security no longer exists around the family altar this feeling of peace at home has given place to apprehensions of servile insurrections many a matron throughout the south retires at night in dread of what may befall herself and children before the morning should this apprehension of domestic danger whether real or imaginary extend and intensify itself until it shall pervade the masses of the southern people then disunion will become inevitable is 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 however fraught with blessings and benefits in all other respects can long continue if the necessary consequence be to render the homes and the firesides of 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 has not yet arrived and my prayer to god is that he would preserve the constitution and the union throughout all generations but let us take warning in time and remove the because of danger it can not be denied that for five and twenty years the agitation at the north against slavery has been incessant in 1835 pictorial handbills and inflammatory appeals were circulated extensively throughout the south of a character to excite the passions of the slaves and in the language of general jackson to stimulate them to insurrection and produce all the horrors of a servile war this agitation has ever since been continued by the public press by the proceedings of state and county conventions and by abolition sermons and lectures the time of congress has been occupied in violent speeches on this subject and appeals in pamphlet and other forms indorsed by distinguished names have been sent forth from this central point and spread broadcast over the union how easy would it be for the american people to settle the slavery question forever and to restore peace and harmony to this distracted country they and they alone can do it all that is necessary to accomplish the object and all for which the slave states have ever contended is to be let alone and permitted to manage their domestic institutions in their own way as sovereign states they and they alone are responsible before god and the world for the slavery existing among them for this the people of the north are not more responsible and have no more right to interfere than with similar institutions in russia or in brazil upon their good sense and patriotic forbearance i confess i still greatly rely without their aid it is beyond the power of any president no matter what may be his own political proclivities to restore peace and harmony among the states wisely limited and restrained as is his power under our constitution and laws he alone can accomplish but 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 to the office of president does not of itself afford just because for dissolving the union this is more especially true if his election has been effected by a mere plurality and not a majority of the people and has resulted from transient and temporary causes which may probably never again occur in order to justify a resort to revolutionary resistance the federal government must be guilty of a deliberate palpable and dangerous exercise of powers not granted by the constitution the late presidential election however has been held in strict conformity with its express provisions how then can the result justify a revolution to destroy this very constitution reason justice a regard for the constitution all require that we shall wait for some overt and dangerous act on the part of the president elect before resorting to such a remedy it is said however that the antecedents of the have been sufficient to justify the fears of the south that he will attempt to invade their constitutional rights but are such apprehensions of contingent danger in the future sufficient to justify the immediate destruction of the noblest system of government ever devised by mortals from the very nature of his office and its high responsibilities he must necessarily be conservative the stern duty of administering the vast and complicated concerns of this government affords in itself a guaranty that he will not attempt any violation of a clear constitutional right after all he is no more than the chief executive officer of the government his province is not to make but to execute the laws and it is a remarkable fact in our history that notwithstanding the repeated efforts of the antislavery party no single act has ever passed congress unless we may possibly except the missouri compromise impairing in the slightest degree the rights of the south to their property in slaves and it may also be observed judging from present indications that no probability exists of the passage of such an act by a majority of both houses either in the present or the next congress surely under these circumstances we ought to be restrained from present action by the precept of him who spake as man never spoke that sufficient 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 because for immediate secession that the southern states are denied equal rights with the other states 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 property and like all other property their owners have a right to take them into the common territories and hold them there under the protection of the constitution so far then as congress is concerned the objection is not to anything they have already done but to what they may do hereafter it will surely be admitted that this apprehension of future danger is no good reason for an immediate dissolution of the union it is true that the territorial legislature of kansas on the 23d february 1860 passed in great haste an act over the veto of the governor declaring that slavery is and shall be forever prohibited in this territory such an act however plainly violating the rights of property secured by the constitution will surely be declared void by the judiciary whenever it shall be presented in a legal form only three days after my inauguration the supreme court of the united states solemnly adjudged that this power did not exist in a territorial legislature 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 conflicts throughout the country those who have appealed from this judgment of our highest constitutional tribunal to popular assemblies would if they could invest a territorial legislature with power to annul the sacred rights of property this power congress is expressly forbidden by the federal constitution to exercise every state legislature in the union is forbidden by its own constitution to exercise it it can not be exercised in any state except by the people in their highest sovereign capacity when framing or amending their state constitution in like manner it can only be exercised by the people of a territory represented in a convention of delegates for the purpose of framing a constitution preparatory to admission as a state into the union then and not until then are they invested with power to decide the question whether slavery shall or shall not exist within their limits this is an act of sovereign authority and not of subordinate territorial legislation were it otherwise then indeed would the equality of the states in the territories be destroyed and the rights of property in slaves would depend not upon the guaranties of the constitution but upon the shifting majorities of an irresponsible territorial legislature such a doctrine from its intrinsic unsoundness can not long influence any considerable portion of our people much less can it afford a good reason for a dissolution of the union the most palpable violations of constitutional duty which have yet been committed consist in the acts of different state legislatures to defeat the execution of the law it ought to be remembered however that for these acts neither congress nor any president can justly be held responsible having been passed in violation of the federal constitution they are therefore null and void all the courts both state and national before whom the question has arisen have from the beginning declared the law to be constitutional the single exception is that of a state court in wisconsin and this has not only been reversed by the proper appellate tribunal but has met with such universal reprobation that there can be no danger from it as a precedent the validity of this law has been established over and over again by the supreme court of the united states with perfect unanimity it is founded upon an express provision of the constitution requiring that fugitive slaves who escape from service in one state to another shall be delivered up to their masters without this provision it is a historical fact that the constitution itself could never have been adopted by the convention in one form or other under the acts of 1793 and 1850 both being substantially the same the law has been the law of the land from the days of washington until the present moment here then a clear case is presented in which it will be the duty of the next president as it has been my own to act with vigor in executing this supreme law against the conflicting enactments of state legislatures should he fail in the performance of this high duty he will then have manifested a disregard of the constitution and laws to the great injury of the people of nearly of the states of the union but are we to presume in advance that he will thus violate his duty this would be at war with every principle of justice and of christian charity let us wait for the overt act the law has been carried into execution in every contested case since the commencement of the present administration though often it is to be regretted with great loss and inconvenience to the master and with considerable expense to the government let us trust that the state legislatures will repeal their unconstitutional and obnoxious enactments unless this shall be done without unnecessary delay it is impossible for any human power to save the union the southern states standing on the basis of the constitution have right to demand this act of justice from the states of the north should it be refused then the constitution to which all the states are parties will have been willfully violated by one portion of them in a provision essential to the domestic security and happiness of the remainder in that event the injured states after having first used all peaceful and constitutional means to obtain redress would be justified in revolutionary resistance to the government of the union i have purposely confined my remarks to revolutionary resistance because it has been claimed within the last few years that any state whenever this shall be its sovereign will and pleasure may secede from the union in accordance with the constitution and without any violation of the constitutional rights of the other members of the confederacy that as each became parties to the union by the vote of its own people assembled in convention so any one of them may retire from the union in a similar manner by the vote of such a convention in order to justify secession as a constitutional remedy it must be on the principle that the federal government is a mere voluntary association of states to be dissolved at pleasure by any one of the contracting parties if this be so the confederacy is a rope of sand to be penetrated and dissolved by the first adverse wave of public opinion in any of the states in this manner our states may resolve themselves into as many petty jarring and hostile republics each one retiring from the union without responsibility whenever any sudden excitement might impel them to such a course by this process a union might be entirely broken into fragments in a few weeks which cost our forefathers many years of toil privation and blood to establish such a principle is wholly inconsistent with the history as well as the character of the federal constitution after it was framed with the greatest deliberation and care it was submitted to conventions of the people of the several states for ratification its provisions were discussed at length in these bodies composed of the first men of the country its opponents contended that it conferred powers upon the federal government dangerous to the rights of the states whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehensions in that mighty struggle between the first intellects of this or any other country it never occurred to any individual either among its opponents or advocates to assert or even to intimate that their efforts were all vain labor because the moment that any state felt herself aggrieved she might secede from the union what a crushing argument would this have proved against those who dreaded that the rights of the states would be endangered by the constitution the truth is that it was not until many years after the origin of the federal government that such a proposition was first advanced it was then met and refuted by the conclusive arguments of general jackson who in his message of the 16th of january 1833 transmitting the nullifying ordinance of south carolina to congress employs the following language the right of the people of a single state to absolve themselves at will and without the consent of the other states from their most solemn obligations and hazard the liberties and happiness of the millions composing this union can not be acknowledged such authority is believed to be utterly repugnant both to the principles upon which the general government is constituted and to the objects which it is expressly formed to attain it is not pretended that any clause in the constitution gives countenance to such a theory it is altogether rounded upon inference not from any language contained in the instrument itself but from the sovereign character of the several states by which it was ratified but is it beyond the power of a state like an individual to yield a portion of its sovereign rights to secure the remainder in the language of madison who has been called the father of the constitution it was formed by the states 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 constitutions nor is the government of the united states created by the constitution less a government in the strict sense of the term within the sphere of its powers than the governments created by the constitutions of the states are within their several spheres it is like them organized into legislative 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 contracting parties the old articles of confederation were entitled articles of confederation and perpetual union between the states and by the thirteenth article it is expressly declared that the articles of this confederation shall be inviolably observed by every state and the union shall be perpetual the preamble to the constitution of the united states having express reference to the articles of confederation recites that it was established in order to form a more perfect union and yet it is contended that this more perfect union does not include the essential attribute of perpetuity but that the union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the constitution on the federal government these powers embrace the very highest attributes of national sovereignty they place both the sword and the purse under its control congress has power to make war and to make peace to raise and support armies and navies and to conclude treaties with foreign governments it is invested with the power to coin money and to regulate the value thereof and to regulate commerce with foreign nations and among the several states it is not necessary to enumerate the other high powers which have been conferred upon the federal government in order to carry the enumerated powers into effect congress possesses the exclusive right to lay and collect duties on imports and in common with the states to lay and collect all other taxes but the constitution has not only conferred these high powers upon congress but it has adopted effectual means to restrain the states from interfering with their exercise for that purpose it has in strong prohibitory language expressly declared that no state shall enter into any treaty alliance or confederation grant letters of marque and reprisal coin money emit bills of credit make anything but gold and silver coin a tender in payment of debts pass any bill of attainder ex post facto law or law impairing the obligation of contracts moreover no state shall without the consent of the congress lay any imposts or duties on imports or exports except what may be absolutely necessary for executing its inspection laws and if they exceed this amount the excess shall belong to the united states and no state shall without the consent of congress lay any duty of tonnage keep troops or ships of war in time of peace enter into any agreement or compact with another state or with a foreign power or engage in war unless actually invaded or in such imminent danger as will not admit of delay in order still further to secure the uninterrupted exercise of these high powers against state interposition it is provided that this constitution and the laws of the united states which shall be made in pursuance thereof and all treaties made or which shall be made under the authority of the united states shall be the supreme law of the land and the judges in every state shall be bound thereby anything in the constitution or laws of any state to the contrary notwithstanding the solemn sanction of religion has been superadded to the obligations of official duty and all senators and representatives of the united states all members of state legislatures and all executive and judicial officers both of the united states and of the several states shall be bound by oath or affirmation to support this constitution in order to carry into effect these powers the constitution has established a perfect government in all its forms legislative executive and judicial and this government to the extent of its powers acts directly upon the individual citizens of every state and executes its own decrees by the agency of its own officers in this respect it differs entirely from the government under the old confederation which was confined to making requisitions on the states in their sovereign character this left it in the discretion of each whether to obey or to refuse and they often declined to comply with such requisitions it thus became necessary for the purpose of removing this barrier and in order to form a more perfect union to establish a government which could act directly upon the people and execute its own laws without the intermediate 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 authority from the sovereign people of each of the several states has precisely the same right to exercise its power over the people of all these states in the enumerated cases that each one of them possesses over subjects not delegated to the united states but reserved to the states respectively or to the people to the extent of the delegated powers the constitution of the united states is as much a part of the constitution of each state and is as binding upon its people as though it had been textually inserted therein this government therefore is a great and powerful government invested with all the attributes of sovereignty over the special subjects to which its authority extends its framers never intended to implant in its bosom the seeds of its own destruction nor were they at its creation guilty of the absurdity of providing for its own dissolution it was not intended by its framers to be the baseless fabric of a vision which at the touch of the enchanter would vanish into thin air but a substantial and mighty fabric capable of resisting the slow decay of time and of defying the storms of ages indeed well may the jealous patriots of that day have indulged fears that a government of such high powers might violate the reserved rights of the states and wisely did they adopt the rule of a strict construction of these powers to prevent the danger but they did not fear nor had they any reason to imagine that the constitution would ever be so interpreted 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 without redress against the tyranny and oppression of the federal government by no means the right of resistance on the part of the governed against the oppression of their governments can not be denied it exists independently of all constitutions and has been exercised at all periods of the world history under it old governments have been destroyed and new ones have taken their place it is embodied in strong and express language in our own declaration of independence but the distinction must ever be observed that this is revolution against an established government and not 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 neither more nor less than revolution it may or it may not be a justifiable revolution but still it is revolution what in the meantime is the responsibility and true position of the executive he is bound by solemn oath before god and the country to take care that the laws be faithfully executed and from this obligation he can not be absolved by any human power but what if the performance of this duty in whole or in part has been rendered impracticable by events over which he could have exercised no control such at the present moment is the case throughout the state of south carolina so far as the laws of the united states to secure the administration of justice by means of the federal judiciary are concerned all the federal officers within its limits through whose agency alone these laws can be carried into execution have already resigned we no longer have a district judge a district attorney or a marshal in south carolina in fact the whole machinery of the federal government necessary for the distribution of remedial justice among the people has been demolished and it would be difficult if not impossible to replace it the only acts of congress on the statute book bearing upon this subject are those of february 28 1795 and march 3 1807 these authorize the president after he shall have ascertained that the marshal with his posse comitatus is unable to execute civil or criminal process in any particular case to call forth the militia and employ the army and navy to aid him in performing this service having first by proclamation commanded the insurgents to disperse and retire peaceably to their respective abodes within a limited time this duty can not by possibility be performed in a state where no judicial authority exists to issue process and where there is no marshal to execute it and where even if there were such an officer the entire population would constitute one solid combination to resist him the bare enumeration of these provisions proves how inadequate they are without further legislation to overcome a united opposition in a single state not to speak of other states who may place themselves in a similar attitude congress alone has power to decide whether the present laws can or can not be amended so as to carry out more effectually 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 collected as heretofore at the in charleston and should the collector unfortunately resign a successor may be appointed to perform this duty then in regard to the property of the united states in south carolina this has been purchased for a fair equivalent by the consent of the legislature of the state for the erection of forts magazines arsenals and over these the authority to exercise exclusive legislation has been expressly granted by the constitution to congress it is not believed that any attempt will be made to expel the united states from this property by force but if in this i should prove to be mistaken the officer in command of the forts has received orders to act strictly on the defensive in such a contingency the responsibility for consequences would rightfully rest upon the heads of the assailants apart from the execution of the laws so far as this may be practicable the executive has no authority to decide what shall be the relations between the federal government and south carolina he has been invested with no such discretion he possesses no power to change the relations heretofore existing between them much less to acknowledge the independence of that state this would be to invest a mere executive officer with the power of recognizing the dissolution of the confederacy among our sovereign states it bears no resemblance to the recognition of a foreign de facto government involving no such responsibility any attempt to do this would on his part be a naked act of usurpation it is therefore my duty to submit to congress the whole question in all its bearings the course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a state to remain in the union i should feel myself recreant to my duty were i not to express an opinion on this important 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 actually withdrawn from the confederacy if answered in the affirmative it must be on the principle that the power has been conferred upon congress to declare and to make war against a state after much serious reflection i have arrived at the conclusion that no such power has been delegated to congress or to any other department of the federal government it is manifest upon an inspection of the constitution that this is not among the specific and enumerated powers granted to congress and it is equally apparent that its exercise is not necessary and proper for carrying into execution any one of these powers so far from this power having been delegated to congress it was expressly refused by the convention which framed the constitution it appears from the proceedings of that body that on the 31st may 1787 the clause authorizing an exertion of the force of the whole against a delinquent state came up for consideration madison opposed it in a brief but powerful speech from which i shall extract but a single sentence he observed the use of force against a state would look more like a declaration of war than an infliction of punishment and would probably 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 i believe again presented soon afterwards on the 8th june 1787 when incidentally adverting to the subject he said any government for the united states formed on the supposed practicability of using force against the unconstitutional proceedings of the states would prove as visionary and fallacious as the government of congress evidently meaning the then existing congress of the old confederation without descending to particulars it may be safely asserted that the power to make war against a state is at variance with the whole spirit and intent of the constitution suppose such a war should result in the conquest of a state how are we to govern it afterwards shall we hold it as a province and govern it by despotic power in the nature of things we could not by physical force control the will of the people and compel them to elect senators and representatives to congress and to perform all the other duties depending upon their own volition and required from the free citizens of a free state as a constituent member of the confederacy but if we possessed this power would it be wise to exercise it under existing circumstances the object would doubtless be to preserve the union war would not only present the most effectual means of destroying it but would vanish all hope of its peaceable reconstruction besides in the fraternal conflict a vast amount of blood and treasure would be expended rendering future reconciliation between the states impossible in the meantime who can foretell what would be the sufferings and privations of the people during its existence the fact is that our union rests upon public opinion and can never be cemented by the blood of its citizens she would in civil war if it can not live in the affections of the people it must one day perish congress possesses many means of preserving it by conciliation but the sword was not placed in their hand to preserve it by force but may i be permitted solemnly to invoke my countrymen to pause and deliberate before they determine to destroy this the grandest temple which has ever been dedicated to human freedom since the world began it has been consecrated by the blood of our fathers by the glories of the past and by the hopes of the future the union has already made us the most prosperous and ere long will if preserved render us the most powerful nation on the face of the earth in every foreign region of the globe the title of american citizen is held in the highest respect and when pronounced in a foreign land it causes the hearts of our countrymen to swell with honest pride surely when we reach the brink of the yawning abyss we shall recoil with horror from the last fatal plunge by such a dread catastrophe the hopes of the friends of freedom throughout the world would be destroyed and a long night of leaden despotism would enshroud the nations our example for more than eighty years would not only be lost but it would be quoted as a conclusive proof that man is unfit for it is not every wrong nay it is not every grievous wrong which can justify a resort to such a fearful alternative this ought to be the last desperate remedy of a despairing people after every other constitutional means of conciliation had been exhausted we should reflect that under this free government there is an incessant ebb and flow in public opinion the slavery question like everything human will have its day i firmly believe that it has reached and passed the culminating point but if in the midst of the existing excitement the union shall perish the evil may then become irreparable congress can contribute much to avert it by proposing and recommending to the legislatures of the several states the remedy for existing evils which the constitution has itself provided for its own preservation this has been tried at different critical periods of our history and always with eminent success it is to be found in the fifth article providing for its own amendment under this article amendments have been proposed by of both houses of congress and have been ratified by the legislatures of of the several states and have consequently become parts of the constitution to this process the country is indebted for the clause prohibiting congress from passing any law respecting an establishment of religion or abridging the freedom of speech or of the press or of the right of petition to this we are also indebted for the bill of rights which secures the people against any abuse of power by the federal government such were the apprehensions justly entertained by the friends of state rights at that period as to have rendered it extremely doubtful whether the constitution could have long survived without those amendments again the constitution was amended by the same process after the election of president jefferson by the house of representatives in february 1803 this amendment was rendered necessary to prevent a recurrence of the dangers which had seriously threatened the existence of the government during the pendency of that election the article for its own amendment was intended to secure the amicable adjustment of conflicting constitutional questions like the present which might arise between the governments of the states and that of the united states this appears from contemporaneous history in this connection i shall merely call attention to a few sentences in madison justly celebrated report in 1799 to the legislature of virginia in this he ably and conclusively defended the resolutions of the preceding legislature against the strictures of several other state legislatures these were mainly rounded upon the protest of the virginia legislature against the alien and sedition acts as palpable and alarming infractions of the constitution in pointing out the peaceful and constitutional remedies and he referred to none other to which the states were authorized to resort on such occasions he concludes by saying that the legislatures of the states might have made a direct representation to congress 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 thereof would propose an explanatory amendment to the constitution or of themselves if such 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 earnestly recommend in order to obtain an explanatory amendment of the constitution on the subject of slavery this might originate with congress or the state legislatures as may be deemed most advisable to attain the object the 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 exist 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 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 another restored and delivered up to him and of the validity of the law enacted for this purpose together with a declaration that all state laws impairing or defeating this right are violations of the constitution and are consequently null and void it may be objected that this construction of the constitution has already been settled by the supreme court of the united states and what more ought to be required the answer is that a very large proportion of the people of the united states still contest the correctness of this decision and never will cease from agitation and admit its binding force until clearly established by the people of the several states in their sovereign character such an explanatory amendment would it is believed forever terminate the existing 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 states of the confederacy in any event it ought to be tried in a spirit of conciliation before any of these states shall separate themselves from the union when i entered upon the duties of the presidential office the aspect neither of our foreign nor domestic affairs was at all satisfactory we were involved in dangerous complications with several nations and two of our territories were in a state of revolution against the government a restoration of the african slave trade had numerous and powerful advocates unlawful military expeditions were countenanced by many of our citizens and were suffered in defiance of the efforts of the government to escape from our shores for the purpose of making war upon the unoffending people of neighboring republics with whom we were at peace in addition to these and other difficulties we experienced a revulsion in monetary affairs soon after my advent to power of unexampled severity and of ruinous consequences to all the great interests of the country when we take a retrospect of what was then our condition and contrast this with its material prosperity at the time of the late presidential election we have abundant reason to return our grateful thanks to that merciful providence which has never forsaken us as a nation in all our past trials our relations with great britain are of the most friendly character since the commencement of my administration the two dangerous questions arising from the clayton and bulwer treaty and from the right of search claimed by the british government have been amicably and honorably adjusted the discordant constructions of the clayton and bulwer treaty between the two governments which at different periods of the discussion bore a threatening aspect have resulted in a final settlement entirely satisfactory to this government in my last annual message i informed congress that the british government had not then completed treaty arrangements with the republics of honduras and nicaragua in pursuance of the understanding between the two governments it is nevertheless confidently expected that this good work will ere long be accomplished this confident expectation has since been fulfilled her britannic majesty concluded a treaty with honduras on the 28th november 1859 and with nicaragua on the 28th august 1860 relinquishing the mosquito protectorate besides by the former the bay islands are recognized as a part of the republic of honduras it may be observed that the stipulations of these treaties conform in every important particular to the amendments adopted by the senate of the united states to the treaty concluded at london on the 17th october 1856 between the two governments it will be recollected that this treaty was rejected 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 be a source of sincere satisfaction to all classes of our and especially to those engaged in foreign commerce that the claim on the part of great britain forcibly to visit and search american merchant vessels on the high seas in time of peace has 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 merchant vessels by british cruisers on the coast of cuba in the spring of 1858 the american people hailed with general acclaim the orders of the secretary of the navy 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 the vessels of war of any other nation these orders might have produced an immediate 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 nations as expounded by her own most eminent jurists the only question of any importance which still remains open is the disputed title between the two governments to the island of san juan in the vicinity of washington territory as this question is still under negotiation it is not deemed advisable at the present moment to make any other allusion to the subject 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 can not fail to increase the kindred and kindly feelings which i trust may ever actuate the government and people of both countries in their political and social intercourse with each other with france our ancient and powerful ally our relations continue to be of the most friendly character a decision has recently been made by a french judicial tribunal with the approbation of the imperial government which can not fail to foster the sentiments of mutual regard that have so 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 natural right of expatriation it follows as a necessary consequence that a frenchman by the fact of having become a citizen of the united states has changed his allegiance and has lost his native character he can not therefore be compelled to serve in the french armies in case he should return to his native country these principles were announced in 1852 by the french minister of war and in two late cases have been confirmed by the french judiciary in these two natives of france have been discharged from the french army because they had become american citizens to employ the language of our present minister to france who has rendered good service on this occasion i do not think our french naturalized will hereafter experience much annoyance on this subject i venture to predict that the time is not far distant when the other continental powers will adopt the same wise and just policy which has done so much honor to the enlightened government of the emperor in any event our government is bound to protect the rights of our naturalized citizens everywhere to the same extent as though they had drawn their first breath in this country we can recognize no distinction between our native and naturalized citizens between the great empire of russia and the united states the mutual friendship and regard which has so long existed still continues to prevail and if possible to increase indeed our relations with that empire are all that we could desire our relations with spain are now of a more complicated though less dangerous character than they have been for many years our citizens have long held and continue to hold numerous claims against the spanish government these had been ably urged for a series of years by our successive diplomatic representatives at madrid but without obtaining redress the spanish government finally agreed to institute a joint commission for the adjustment of these claims and on the 5th day of march 1860 concluded a convention for this purpose with our present minister at madrid under this convention what have been denominated the cuban claims amounting to in which more than 100 of our are interested were recognized and the spanish government agreed to pay of this amount within three months following the exchange of ratifications the payment of the remaining was to await the decision of the commissioners for or against the amistad claim but in any event the balance was to be paid to the claimants either by spain or the united states these terms i have every reason to know are highly satisfactory to the holders of the cuban claims indeed they have made a formal offer authorizing the state department to settle these claims and to deduct the amount of the amistad claim from the sums which they are entitled to receive from spain this offer of course can not be accepted all other claims of citizens of the united states against spain or the subjects of the queen of spain against the united states including the amistad claim were by this convention referred to a board of commissioners in the usual form neither the validity of the amistad claim nor of any other claim against either party with the single exception of the cuban claims was recognized by the convention indeed the spanish government did not insist that the validity of the amistad claim should be thus recognized notwithstanding its 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 examination and decision like the other claims both governments were bound respectively 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 of may 1860 and on the 27th of the succeeding june they determined that they would not advise and consent to its ratification these proceedings place our relations with spain in an awkward and embarrassing position it is more than probable that the final adjustment of these claims will devolve upon my successor i reiterate the recommendation contained in my annual message of december 1858 and repeated in that of december 1859 in favor of the acquisition of cuba from spain by fair purchase i firmly believe that such an acquisition would contribute essentially to the and prosperity of both countries in all future time as well as prove the certain means of immediately abolishing the african slave trade throughout the world i would not repeat this recommendation upon the present occasion if i believed that the transfer of cuba to the united states upon conditions highly favorable to spain could justly tarnish the national honor of the proud and ancient spanish monarchy surely no person ever attributed to the first napoleon a disregard of the national honor of france for transferring louisiana to the united states for a fair equivalent both in money and commercial advantages with the emperor of austria and the remaining continental powers of europe including that of the sultan our relations continue to be of the most friendly character the friendly and peaceful policy pursued by the government of the united states toward the empire of china has produced the most satisfactory results the treaty of of the 18th june 1858 has been faithfully observed by the chinese authorities the convention of the 8th november 1858 supplementary to this treaty for the adjustment and satisfaction of the claims of our citizens on china referred to in my last annual message has been already carried into effect so far as this was practicable under this convention the sum of taels equal to about was stipulated to be paid in satisfaction of the claims of american citizens out of the of the receipts for tonnage import and export duties on american vessels at the ports of canton shanghai and fuchau and it was agreed that this amount shall be in full liquidation of all claims of american citizens at the various ports to this date debentures for this amount to wit taels for canton for shanghai and for fuchau were delivered according to the terms of the convention by the respective chinese collectors of the customs of these ports to the agent selected by our minister to receive the same since that time the claims of our citizens have been adjusted by the board of commissioners appointed for that purpose 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 amount to the sum of the claimants have already received a large proportion of the sums awarded to them out of the fund provided and it is confidently expected that the remainder will ere long be entirely paid after the awards shall have been satisfied there will remain a surplus of more than at the disposition of congress as this will in equity belong to the chinese government would not justice require its appropriation to some benevolent object in which the chinese may be specially interested our minister to china in obedience to his instructions has remained perfectly neutral in the war between great britain and france and the chinese empire although in conjunction with the russian minister he was ever ready and willing had the opportunity offered to employ his good offices in restoring peace between the parties it is but an act of simple justice both to our present minister and his predecessor to state that they have proved fully equal to the delicate trying and responsible positions in which they have on different occasions been placed the ratifications of the treaty with japan concluded at yeddo on the 29th july 1858 were exchanged at washington on the 22d may last and the treaty itself was proclaimed on the succeeding day there is good reason to expect that under its protection and influence our trade and intercourse with that distant and interesting people will rapidly increase the ratifications of the treaty were exchanged with unusual solemnity for this purpose the tycoon had accredited three of his most distinguished subjects as envoys extraordinary and ministers plenipotentiary who were received and treated with marked distinction and kindness both by the government and people of the united states there is every reason to believe that they have returned to their native land entirely satisfied with their visit and inspired by the most friendly feelings for our country let us ardently hope in the language of the treaty itself that there shall henceforward be perpetual peace and friendship between the united states of america and his majesty the tycoon of japan and his successors with the wise conservative and liberal government of the empire of brazil our relations continue to be of the most amicable character the exchange of the ratifications of the convention with the republic of new granada signed at washington on the 10th of september 1857 has been long delayed from accidental causes for which neither party is censurable these ratifications were duly exchanged in this city on the 5th of november last thus has a controversy been amicably terminated which had become so serious at the period of my inauguration as to require me on the 17th of april 1857 to direct our minister to demand his passports and return to the united states under this convention the government of new granada has specially acknowledged itself to be responsible to our citizens for damages which were caused by the riot at panama on the 15th april 1856 these claims together with other claims of our citizens which had been long urged in vain are referred for adjustment to a board of commissioners i submit a copy of the convention to congress and recommend the legislation necessary to carry it into effect persevering efforts have been made for the adjustment of the claims of american citizens against the government of costa rica and i am happy to inform you that these have finally prevailed a convention was signed at the city of san jose on the 2d july last between the minister resident of the united states in costa rica and the plenipotentiaries of that republic referring these claims to a board of commissioners and providing for the payment of their awards this convention will be submitted immediately to the senate for their constitutional action the claims of our citizens upon the republic of nicaragua have not yet been provided for by treaty although diligent efforts for this purpose have been made by our minister resident to that republic these are still continued with a fair prospect of success our relations with mexico remain in a most unsatisfactory condition in my last two annual messages i discussed extensively the subject of these relations and do not now propose to repeat at length the facts and arguments then presented they proved conclusively that our citizens residing in mexico and our merchants trading thereto had suffered a series of wrongs and outrages such as we have never patiently borne from any other nation for these our successive ministers invoking the faith of treaties had in the name of their country persistently demanded redress and indemnification but without the slightest effect indeed so confident had the mexican authorities become of our patient endurance that they universally believed they might commit these outrages upon american citizens with absolute impunity thus wrote our minister in 1856 and expressed the opinion that nothing but a manifestation of the power of the government and of its purpose to punish these wrongs will avail afterwards in 1857 came the adoption of a new constitution for mexico the election of a president and congress under its provisions and the inauguration of the president within one short month however this president was expelled from the capital by a rebellion in the army and the supreme power of the republic was assigned to general zuloaga this usurper was in his turn soon compelled to retire and give place to general miramon under the constitution which had thus been adopted senor juarez as chief justice of the supreme court became the lawful president of the republic and it was for the maintenance of the constitution and his authority derived from it that the civil war commenced and still continues to be prosecuted throughout the year 1858 the constitutional party grew stronger and stronger in the previous history of mexico a successful military revolution at the capital had almost universally been the signal for submission throughout the republic not so on the present occasion a majority of the citizens persistently sustained the constitutional government when this was recognized in april 1859 by the government of the united states its authority extended over a large majority of the mexican states and people including vera cruz and all the other important seaports of the republic from that period our commerce with mexico began to revive and the constitutional government has afforded it all the protection in its power meanwhile the government of miramon still held sway at the capital and over the surrounding country and continued its outrages against the few american citizens who still had the courage to remain within its power to cap the climax after the battle of tacubaya in april 1859 general marquez ordered three citizens of the united states two of them physicians to be seized in the hospital at that place taken out and shot without crime and without trial this was done notwithstanding our unfortunate countrymen were at the moment engaged in the holy because of affording relief to the soldiers of both parties who had been wounded in the battle without making any distinction between them the time had arrived in my opinion when this government was bound to exert its power to avenge and redress the wrongs of our citizens and to afford them protection in mexico the interposing obstacle was that the portion of the country under the sway of miramon could not be reached without passing over territory under the jurisdiction of the constitutional government under these circumstances i deemed it my duty to recommend to congress in my last annual message the employment of a sufficient military force to penetrate into the interior where the government of miramon was to be found with or if need be without the consent of the juarez government though it was not doubted that this consent could be obtained never have i had a clearer conviction on any subject than of the justice as well as wisdom of such a policy no other alternative was left except the entire abandonment of our who had gone to mexico under the faith of treaties to the systematic injustice cruelty and oppression of miramon government besides it is almost certain that the simple authority to employ this force would of itself have accomplished all our objects without striking a single blow the constitutional government would then ere this have been established at the city of mexico and would have been ready and willing to the extent of its ability to do us justice in addition and i deem this a most important consideration european governments would have been deprived of all pretext to interfere in the territorial and domestic concerns of mexico we should thus have been relieved from the obligation of resisting even by force should this become necessary any attempt by these governments to deprive our neighboring republic of portions of her territory a duty from which we could not shrink without abandoning the traditional and established policy of the american people i am happy to observe that firmly relying upon the justice and good faith of these governments there is no present danger that such a contingency will happen having discovered that my recommendations would not be sustained by congress the next alternative was to accomplish in some degree if possible the same objects by treaty stipulations with the constitutional government such treaties were accordingly concluded by our late able and excellent minister to mexico and on the 4th of january last were submitted to the senate for ratification as these have not yet received the final action of that body it would be improper for me to present a detailed statement of their provisions still i may be permitted to express the opinion in advance that they are calculated to promote the agricultural manufacturing and commercial interests of the country and to secure our just influence with an adjoining republic as to whose fortunes and fate we can never feel indifferent whilst at the same time they provide for the payment of a considerable amount toward the satisfaction of the claims of our injured at the period of my inauguration i was confronted in kansas by a revolutionary government existing under what is called the topeka constitution its avowed object was to subdue the territorial government by force and to inaugurate what was called the topeka government in its stead to accomplish this object an extensive military organization was formed and its command intrusted to the most violent revolutionary leaders under these circumstances it became my imperative duty to exert the whole constitutional power of the executive to prevent the flames of civil war from again raging in kansas which in the excited state of the public mind both north and south might have extended into the neighboring states the hostile parties in kansas had been inflamed against each other by emissaries both from the north and the south to a degree of malignity without parallel in our history to prevent actual collision and to assist the civil magistrates in enforcing the laws a strong detachment of the army was stationed in the territory ready to aid the marshal and his deputies when lawfully called upon as a posse comitatus in the execution of civil and criminal process still the troubles in kansas could not have been permanently settled without an election by the people the ballot box is the surest arbiter of disputes among freemen under this conviction every proper effort was employed to induce the hostile parties to vote at the election of delegates to frame a state constitution and afterwards at the election to decide whether kansas should be a slave or free state the insurgent party refused to vote at either lest this might be considered a recognition on their part of the territorial government established by congress a better spirit however seemed soon after to prevail and the two parties met face to face at the third election held on the first monday of january 1858 for members of the legislature and state officers under the lecompton constitution the result was the triumph of the antislavery party at the polls this decision of the ballot box proved clearly that this party were in the majority and removed the danger of civil war from that time we have heard little or nothing of the topeka government and all serious danger of revolutionary troubles in kansas was then at an end the lecompton constitution which had been thus recognized at this state election by the votes of both political parties in kansas was transmitted to me with the request that i should present it to congress this i could not have refused to do without violating my clearest and strongest convictions of duty the constitution and all the proceedings which preceded and followed its formation were fair and regular on their face i then believed and experience has proved that the interests of the people of kansas would have been best consulted by its admission as a state into the union especially as the majority within a brief period could have amended the constitution according to their will and pleasure if fraud existed in all or any of these proceedings it was not for the president but for congress to investigate and determine the question of fraud and what ought to be its consequences if at the first two elections the majority refused to vote it can not be pretended that this refusal to exercise the elective franchise could invalidate an election fairly held under lawful authority even if they had not subsequently voted at the third election it is true that the whole constitution had not been submitted to the people as i always desired but the precedents are numerous of the admission of states into the union without such submission it would not comport with my present purpose to review the proceedings of congress upon the lecompton constitution it is sufficient to observe that their final action has removed the last vestige of serious revolutionary troubles the desperate band recently assembled under a notorious outlaw in the southern portion of the territory to resist the execution of the laws and to plunder peaceful citizens will i doubt not be speedily subdued and brought to justice had i treated the lecompton constitution as a nullity and refused to transmit it to congress it is not difficult to imagine whilst recalling the position of the country at that moment what would have been the disastrous consequences both in and out of the territory from such a dereliction of duty on the part of the executive peace has also been restored within the territory of utah which at the commencement of my administration was in a state of open rebellion this was the more dangerous as the people animated by a fanatical spirit and intrenched within their distant mountain fastnesses might have made a long and formidable resistance cost what it might it was necessary to bring them into subjection to the constitution and the laws sound policy therefore as well as humanity required that this object should if possible be accomplished without the effusion of blood this could only be effected by sending a military force into the territory sufficiently strong to convince the people that resistance would be hopeless and at the same time to offer them a pardon for past offenses on condition of immediate submission to the government this policy was pursued with eminent success and the only because for regret is the heavy expenditure required to march a large detachment of the army to that remote region and to furnish it subsistence utah is now comparatively peaceful and quiet and the military force has been withdrawn except that portion of it necessary to keep the indians in check and to protect the emigrant trains on their way to our pacific possessions in my first annual message i promised to employ my best exertions in cooperation with congress to reduce the expenditures of the government within the limits of a wise and judicious economy an overflowing treasury had produced habits of prodigality and extravagance which could only be gradually corrected the work required both time and patience i applied myself diligently to this task from the beginning and was aided by the able and energetic efforts of the heads of the different executive departments the result of our labors in this good because did not appear in the sum total of our expenditures for the first two years mainly in consequence of the extraordinary expenditure necessarily incurred in the utah expedition and the very large amount of the contingent expenses of congress during this period these greatly exceeded the pay and mileage of the members for the year ending june 30 1858 whilst the pay and mileage amounted to the contingent expenses rose to and for the year ending june 30 1859 whilst the pay and mileage amounted to the contingent expenses amounted to i am happy however to be able to inform you that during the last fiscal year ending june 30 1860 the total expenditures of the government in all its branches legislative executive and judicial exclusive of the public debt were reduced to the sum of this conclusively appears from the books of the treasury in the year ending june 30 1858 the total expenditure exclusive of the public debt amounted to and that for the year ending june 30 1859 to whilst the books of the treasury show an actual expenditure of for the year ending june 30 1860 including for the contingent expenses of congress there must be deducted from this amount the sum of with the interest upon it of appropriated by the act of february 15 1860 for the purpose of supplying the deficiency in the revenues and defraying the expenses of the department for the year ending june 30 1859 this sum therefore justly chargeable to the year 1859 must be deducted from the sum of in order to ascertain the expenditure for the year ending june 30 1860 which leaves a balance for the expenditures of that year of the interest on the public debt including treasury notes for the same fiscal year ending june 30 1860 amounted to which added to the above sum of makes the aggregate of it ought in justice to be observed that several of the estimates from the departments for the year ending june 30 1860 were reduced by congress below what was and still is deemed compatible with the public interest allowing a liberal margin of for this reduction and for other causes it may be safely asserted that the sum of or at the most is amply sufficient to administer the government and to pay the interest on the public debt unless contingent events should hereafter render extraordinary expenditures necessary this result has been attained in a considerable degree by the care exercised by the appropriate departments in entering into public contracts i have myself never interfered with the award of any such contract except in a single case with the colonization society deeming it advisable to cast the whole responsibility in each case on the proper head of the department with the general instruction that these contracts should always be given to the lowest and best bidder it has ever been my opinion that public contracts are not a legitimate source of patronage to be conferred upon personal or political favorites but that in all such cases a public officer is bound to act for the government as a prudent individual would act for himself it is with great satisfaction i communicate the fact that since the date of my last annual message not a single slave has been imported into the united states in violation of the laws prohibiting the african slave trade this statement is rounded upon a thorough examination and investigation of the subject indeed the spirit which prevailed some time since among a portion of our in favor of this trade seems to have entirely subsided i also congratulate you upon the public sentiment which now exists against the crime of setting on foot military expeditions within the limits of the united states to proceed from thence and make war upon the people of unoffending states with whom we are at peace in this respect a happy change has been effected since the commencement of my administration it surely ought to be the prayer of every christian and patriot that such expeditions may never again receive countenance in our country or depart from our shores it would be a useless repetition to do more than refer with earnest commendation to my former recommendations in favor of the pacific railroad of the grant of power to the president to employ the naval force in the vicinity for the protection of the lives and property of our passing in transit over the different central american routes against sudden and lawless outbreaks and depredations and also to protect american merchant vessels their crews and cargoes against violent and unlawful seizure and confiscation in the ports of mexico and the south american republics when these may be in a disturbed and revolutionary condition it is my settled conviction that without such a power we do not afford that protection to those engaged in the commerce of the country which they have a right to demand i again recommend to congress the passage of a law in pursuance of the provisions of the constitution appointing a day certain previous to the 4th march in each year of an odd number for the election of representatives throughout all the states a similar power has already been exercised with general approbation in the appointment of the same day throughout the union for holding the election of electors for president and of the united states my attention was earnestly directed to this subject from the fact that the congress terminated on the 3d march 1859 without making the necessary appropriation for the service of the department i was then forced to consider the best remedy for this omission and an immediate call of the present congress was the natural resort upon inquiry however i ascertained that fifteen out of the states composing the confederacy were without representatives and that consequently these fifteen states would be disfranchised by such a call these fifteen states will be in the same condition on the 4th march next ten of them can not elect representatives according to existing state laws until different periods extending from the beginning of august next until the months of october and november in my last message i gave warning that in a time of sudden and alarming danger the salvation of our institutions might depend upon the power of the president immediately to assemble a full congress to meet the emergency it is now quite evident that the financial necessities of the government will require a modification of the tariff during your present session for the purpose of increasing the revenue in this aspect i desire to reiterate the recommendation contained in my last two annual messages in favor of imposing specific instead of ad valorem duties on all imported articles to which these can be properly applied from long observation and experience i am convinced that specific duties are necessary both to protect the revenue and to secure to our manufacturing interests that amount of incidental encouragement which unavoidably results from a revenue tariff as an abstract proposition it may be admitted that ad valorem duties would in theory be the most just and equal but if the experience of this and of all other commercial nations has demonstrated that such duties can not be assessed and collected without great frauds upon the revenue then it is the part of wisdom to resort to specific duties indeed from the very nature of an ad valorem duty this must be the result under it the inevitable consequence is that foreign goods will be entered at less than their true value the treasury will therefore lose the duty on the difference between their real and fictitious value and to this extent we are defrauded the temptations which ad valorem duties present to a dishonest importer are irresistible his object is to pass his goods through the at the very lowest valuation necessary to save them from confiscation in this he too often succeeds in spite of the vigilance of the revenue officers hence the resort to false invoices one for the purchaser and another for the and to other expedients to defraud the government the honest importer produces his invoice to the collector stating the actual price at which he purchased the articles abroad not so the dishonest importer and the agent of the foreign manufacturer and here it may be observed that a very large proportion of the manufactures imported from abroad are consigned for sale to commission merchants who are mere agents employed by the manufacturers in such cases no actual sale has been made to fix their value the foreign manufacturer if he be dishonest prepares an invoice of the goods not at their actual value but at the very lowest rate necessary to escape detection in this manner the dishonest importer and the foreign manufacturer enjoy a decided advantage over the honest merchant they are thus enabled to undersell the fair trader and drive him from the market in fact the operation of this system has already driven from the pursuits of honorable commerce many of that class of regular and conscientious merchants whose character throughout the world is the pride of our country the remedy for these evils is to be found in specific duties so far as this may be practicable they dispense with any inquiry at the into the actual cost or value of the article and it pays the precise amount of duty previously fixed by law they present no temptations to the appraisers of foreign goods who receive but small salaries and might by undervaluation in a few cases render themselves independent besides specific duties best conform to the requisition in the constitution that no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another under our ad valorem system such preferences are to some extent inevitable and complaints have often been made that the spirit of this provision has been violated by a lower appraisement of the same articles at one port than at another an impression strangely enough prevails to some extent that specific duties are necessarily protective duties nothing can be more fallacious great britain glories in free trade and yet her whole revenue from imports is at the present moment collected under a system of specific duties it is a striking fact in this connection that in the commercial treaty of january 23 1860 between france and england one of the articles provides that the ad valorem duties which it imposes shall be converted into specific duties within six months from its date and these are to be ascertained by making an average of the prices for six months previous to that time the reverse of the propositions would be nearer to the truth because a much larger amount of revenue would be collected by merely converting the ad valorem duties of a tariff into equivalent specific duties to this extent the revenue would be increased and in the same proportion the specific duty might be diminished specific duties would secure to the american manufacturer the incidental protection to which he is fairly entitled under a revenue tariff and to this surely no person would object the framers of the existing tariff have gone further and in a liberal spirit have discriminated in favor of large and useful branches of our manufactures not by raising the rate of duty upon the importation of similar articles from abroad but what is the same in effect by admitting articles free of duty which enter into the composition of their fabrics under the present system it has been often truly remarked that this incidental protection decreases when the manufacturer needs it most and increases when he needs it least and constitutes a sliding scale which always operates against him the revenues of the country are subject to similar fluctuations instead of approaching a steady standard as would be the case under a system of specific duties they sink and rise with the sinking and rising prices of articles in foreign countries it would not be difficult for congress to arrange a system of specific duties which would afford additional stability both to our revenue and our manufactures and without injury or injustice to any interest of the country this might be accomplished by ascertaining the average value of any given article for a series of years at the place of exportation and by simply converting the rate of ad valorem duty upon it which might be deemed necessary for revenue purposes into the form of a specific duty such an arrangement could not injure the consumer if he should pay a greater amount of duty one year this would be counterbalanced by a lesser amount the next and in the end the aggregate would be the same i desire to call your immediate attention to the present condition of the treasury so ably and clearly presented by the secretary in his report to congress and to recommend that measures be promptly adopted to enable it to discharge its pressing obligations the other recommendations of the report are well worthy of your favorable consideration i herewith transmit to congress the reports of the secretaries of war of the navy of the interior and of the the recommendations and suggestions which they contain are highly valuable and deserve your careful attention the report of the details the circumstances under which cornelius vanderbilt on my request agreed in the month of july last to carry the ocean mails between our atlantic and pacific coasts had he not thus acted this important intercommunication must have been suspended at least for a season the had no power to make him any other compensation than the postages on the mail matter which he might carry it was known at the time that these postages would fall far short of an adequate compensation as well as of the sum which the same service had previously cost the government vanderbilt in a commendable spirit was willing to rely upon the justice of congress to make up the deficiency and i therefore recommend that an appropriation may be granted for this purpose i should do great injustice to the were i to omit the mention of his distinguished services in the measures adopted and prosecuted by him for the defense of the government against numerous and unfounded claims to land in california purporting to have been made by the mexican government previous to the treaty of cession the successful opposition to these claims has saved the united states public property worth many millions of dollars and to individuals holding title under them to at least an equal amount it has been represented to me from sources which i deem reliable that the inhabitants in several portions of kansas have been reduced nearly to a state of starvation on account of the almost total failure of their crops whilst the harvests in every other portion of the country have been abundant the prospect before them for the approaching winter is well calculated to enlist the sympathies of every heart the destitution appears to be so general that it can not be relieved by private contributions and they are in such indigent circumstances as to be unable to purchase the necessaries of life for themselves i refer the subject to congress if any constitutional measure for their relief can be devised i would recommend its adoption i cordially commend to your favorable regard the interests of the people of this district they are eminently entitled to your consideration especially since unlike the people of the states they can appeal to no government except that of the union
throughout year since last meeting country eminently prosperous material interests general health excellent harvests abundant plenty smiles throughout land commerce manufactures prosecuted energy industry yielded fair ample returns short nation tide time ever presented spectacle greater material prosperity done within recent period discontent extensively prevails union states source blessings threatened destruction intemperate interference northern people question slavery southern states length produced natural effects different sections union arrayed time arrived much dreaded father country hostile geographical parties formed long foreseen often forewarned countrymen impending danger proceed solely claim part congress territorial legislatures exclude slavery territories efforts different states defeat execution law evils might endured south without danger union others hope time reflection might apply remedy immediate peril arises much causes fact incessant violent agitation slavery question throughout north last quarter century length produced malign influence slaves inspired vague notions freedom hence sense security longer exists around family altar feeling peace home given place apprehensions servile insurrections many matron throughout south retires night dread may befall children morning apprehension domestic danger whether real imaginary extend intensify shall pervade masses southern people disunion become inevitable first law nature implanted heart man creator wisest purpose political union however fraught blessings benefits respects long continue necessary consequence render homes firesides nearly half parties habitually hopelessly insecure sooner later bonds union must severed conviction fatal period yet arrived prayer god would preserve constitution union throughout generations let us take warning time remove danger denied five twenty years agitation north slavery incessant 1835 pictorial handbills inflammatory appeals circulated extensively throughout south character excite passions slaves language general jackson stimulate insurrection produce horrors servile war agitation ever since continued public press proceedings state county conventions abolition sermons lectures time congress occupied violent speeches subject appeals pamphlet forms indorsed distinguished names sent forth central point spread broadcast union easy would american people settle slavery question forever restore peace harmony distracted country alone necessary accomplish object slave states ever contended let alone permitted manage domestic institutions way sovereign states alone responsible god world slavery existing among people north responsible right interfere similar institutions russia brazil upon good sense patriotic forbearance confess still greatly rely without aid beyond power president matter may political proclivities restore peace harmony among states wisely limited restrained power constitution laws alone accomplish little good evil momentous question brings observe election one office president afford dissolving union especially true election effected mere plurality majority people resulted transient temporary causes may probably never occur order justify resort revolutionary resistance federal government must guilty deliberate palpable dangerous exercise powers granted constitution late presidential election however held strict conformity express provisions result justify revolution destroy constitution reason justice regard constitution require shall wait overt dangerous act part president elect resorting remedy said however antecedents sufficient justify fears south attempt invade constitutional rights apprehensions contingent danger future sufficient justify immediate destruction noblest system government ever devised mortals nature office high responsibilities must necessarily conservative stern duty administering vast complicated concerns government affords guaranty attempt violation clear constitutional right chief executive officer government province make execute laws remarkable fact history notwithstanding repeated efforts antislavery party single act ever passed congress unless may possibly except missouri compromise impairing slightest degree rights south property slaves may also observed judging present indications probability exists passage act majority houses either present next congress surely circumstances ought restrained present action precept spake man never spoke sufficient unto day evil thereof day evil may never come unless shall rashly bring upon alleged one immediate secession southern states denied equal rights states common territories authority denied congress never passed believe never pass act exclude slavery territories certainly supreme court solemnly decided slaves property like property owners right take common territories hold protection constitution far congress concerned objection anything already done may hereafter surely admitted apprehension future danger good reason immediate dissolution union true territorial legislature kansas 23d february 1860 passed great haste act veto governor declaring slavery shall forever prohibited territory act however plainly violating rights property secured constitution surely declared void judiciary whenever shall presented legal form three days inauguration supreme court united states solemnly adjudged power exist territorial legislature yet factious temper times correctness decision extensively impugned people question given rise angry political conflicts throughout country appealed judgment highest constitutional tribunal popular assemblies would could invest territorial legislature power annul sacred rights property power congress expressly forbidden federal constitution exercise every state legislature union forbidden constitution exercise exercised state except people highest sovereign capacity framing amending state constitution like manner exercised people territory represented convention delegates purpose framing constitution preparatory admission state union invested power decide question whether slavery shall shall exist within limits act sovereign authority subordinate territorial legislation otherwise indeed would equality states territories destroyed rights property slaves would depend upon guaranties constitution upon shifting majorities irresponsible territorial legislature doctrine intrinsic unsoundness long influence considerable portion people much less afford good reason dissolution union palpable violations constitutional duty yet committed consist acts different state legislatures defeat execution law ought remembered however acts neither congress president justly held responsible passed violation federal constitution therefore null void courts state national question arisen beginning declared law constitutional single exception state court wisconsin reversed proper appellate tribunal met universal reprobation danger precedent validity law established supreme court united states perfect unanimity founded upon express provision constitution requiring fugitive slaves escape service one state another shall delivered masters without provision historical fact constitution could never adopted convention one form acts 1793 1850 substantially law law land days washington present moment clear case presented duty next president act vigor executing supreme law conflicting enactments state legislatures fail performance high duty manifested disregard constitution laws great injury people nearly states union presume advance thus violate duty would war every principle justice christian charity let us wait overt act law carried execution every contested case since commencement present administration though often regretted great loss inconvenience master considerable expense government let us trust state legislatures repeal unconstitutional obnoxious enactments unless shall done without unnecessary delay impossible human power save union southern states standing basis constitution right demand act justice states north refused constitution states parties willfully violated one portion provision essential domestic security happiness remainder event injured states first used peaceful constitutional means obtain redress would justified revolutionary resistance government union purposely confined remarks revolutionary resistance claimed within last years state whenever shall sovereign pleasure may secede union accordance constitution without violation constitutional rights members confederacy became parties union vote people assembled convention one may retire union similar manner vote convention order justify secession constitutional remedy must principle federal government mere voluntary association states dissolved pleasure one contracting parties confederacy rope sand penetrated dissolved first adverse wave public opinion states manner states may resolve many petty jarring hostile republics one retiring union without responsibility whenever sudden excitement might impel course process union might entirely broken fragments weeks cost forefathers many years toil privation blood establish principle wholly inconsistent history well character federal constitution framed greatest deliberation care submitted conventions people several states ratification provisions discussed length bodies composed first men country opponents contended conferred powers upon federal government dangerous rights states whilst advocates maintained fair construction instrument foundation apprehensions mighty struggle first intellects country never occurred individual either among opponents advocates assert even intimate efforts vain labor moment state felt aggrieved might secede union crushing argument would proved dreaded rights states would endangered constitution truth many years origin federal government proposition first advanced met refuted conclusive arguments general jackson message 16th january 1833 transmitting nullifying ordinance south carolina congress employs following language right people single state absolve without consent states solemn obligations hazard liberties happiness millions composing union acknowledged authority believed utterly repugnant principles upon general government constituted objects expressly formed attain pretended clause constitution gives countenance theory altogether rounded upon inference language contained instrument sovereign character several states ratified beyond power state like individual yield portion sovereign rights secure remainder language madison called father constitution formed states people states acting highest sovereign capacity formed consequently authority formed state constitutions government united states created constitution less government strict sense term within sphere powers governments created constitutions states within several spheres like organized legislative executive judiciary departments operates like directly persons things like command physical force executing powers committed intended perpetual annulled pleasure one contracting parties old articles confederation entitled articles confederation perpetual union states thirteenth article expressly declared articles confederation shall inviolably observed every state union shall perpetual preamble constitution united states express reference articles confederation recites established order form perfect union yet contended perfect union include essential attribute perpetuity union designed perpetual appears conclusively nature extent powers conferred constitution federal government powers embrace highest attributes national sovereignty place sword purse control congress power make war make peace raise support armies navies conclude treaties foreign governments invested power coin money regulate value thereof regulate commerce foreign nations among several states necessary enumerate high powers conferred upon federal government order carry enumerated powers effect congress possesses exclusive right lay collect duties imports common states lay collect taxes constitution conferred high powers upon congress adopted effectual means restrain states interfering exercise purpose strong prohibitory language expressly declared state shall enter treaty alliance confederation grant letters marque reprisal coin money emit bills credit make anything gold silver coin tender payment debts pass bill attainder ex post facto law law impairing obligation contracts moreover state shall without consent congress lay imposts duties imports exports except may absolutely necessary executing inspection laws exceed amount excess shall belong united states state shall without consent congress lay duty tonnage keep troops ships war time peace enter agreement compact another state foreign power engage war unless actually invaded imminent danger admit delay order still secure uninterrupted exercise high powers state interposition provided constitution laws united states shall made pursuance thereof treaties made shall made authority united states shall supreme law land judges every state shall bound thereby anything constitution laws state contrary notwithstanding solemn sanction religion superadded obligations official duty senators representatives united states members state legislatures executive judicial officers united states several states shall bound oath affirmation support constitution order carry effect powers constitution established perfect government forms legislative executive judicial government extent powers acts directly upon individual citizens every state executes decrees agency officers respect differs entirely government old confederation confined making requisitions states sovereign character left discretion whether obey refuse often declined comply requisitions thus became necessary purpose removing barrier order form perfect union establish government could act directly upon people execute laws without intermediate agency states accomplished constitution united states short government created constitution deriving authority sovereign people several states precisely right exercise power people states enumerated cases one possesses subjects delegated united states reserved states respectively people extent delegated powers constitution united states much part constitution state binding upon people though textually inserted therein government therefore great powerful government invested attributes sovereignty special subjects authority extends framers never intended implant bosom seeds destruction creation guilty absurdity providing dissolution intended framers baseless fabric vision touch enchanter would vanish thin air substantial mighty fabric capable resisting slow decay time defying storms ages indeed well may jealous patriots day indulged fears government high powers might violate reserved rights states wisely adopt rule strict construction powers prevent danger fear reason imagine constitution would ever interpreted enable state act without consent sister states discharge people federal obligations may asked people states without redress tyranny oppression federal government means right resistance part governed oppression governments denied exists independently constitutions exercised periods world history old governments destroyed new ones taken place embodied strong express language declaration independence distinction must ever observed revolution established government voluntary secession virtue inherent constitutional right short let us look danger fairly face secession neither less revolution may may justifiable revolution still revolution meantime responsibility true position executive bound solemn oath god country take care laws faithfully executed obligation absolved human power performance duty whole part rendered impracticable events could exercised control present moment case throughout state south carolina far laws united states secure administration justice means federal judiciary concerned federal officers within limits whose agency alone laws carried execution already resigned longer district judge district attorney marshal south carolina fact whole machinery federal government necessary distribution remedial justice among people demolished would difficult impossible replace acts congress statute book bearing upon subject february 28 1795 march 3 1807 authorize president shall ascertained marshal posse comitatus unable execute civil criminal process particular case call forth militia employ army navy aid performing service first proclamation commanded insurgents disperse retire peaceably respective abodes within limited time duty possibility performed state judicial authority exists issue process marshal execute even officer entire population would constitute one solid combination resist bare enumeration provisions proves inadequate without legislation overcome united opposition single state speak states may place similar attitude congress alone power decide whether present laws amended carry effectually objects constitution insuperable obstacles lie way executing laws collection customs revenue still continues collected heretofore charleston collector unfortunately resign successor may appointed perform duty regard property united states south carolina purchased fair equivalent consent legislature state erection forts magazines arsenals authority exercise exclusive legislation expressly granted constitution congress believed attempt made expel united states property force prove mistaken officer command forts received orders act strictly defensive contingency responsibility consequences would rightfully rest upon heads assailants apart execution laws far may practicable executive authority decide shall relations federal government south carolina invested discretion possesses power change relations heretofore existing much less acknowledge independence state would invest mere executive officer power recognizing dissolution confederacy among sovereign states bears resemblance recognition foreign de facto government involving responsibility attempt would part naked act usurpation therefore duty submit congress whole question bearings course events rapidly hastening forward emergency may soon arise may called upon decide momentous question whether possess power force arms compel state remain union feel recreant duty express opinion important subject question fairly stated constitution delegated congress power coerce state submission attempting withdraw actually withdrawn confederacy answered affirmative must principle power conferred upon congress declare make war state much serious reflection arrived conclusion power delegated congress department federal government manifest upon inspection constitution among specific enumerated powers granted congress equally apparent exercise necessary proper carrying execution one powers far power delegated congress expressly refused convention framed constitution appears proceedings body 31st may 1787 clause authorizing exertion force whole delinquent state came consideration madison opposed brief powerful speech shall extract single sentence observed use force state would look like declaration war infliction punishment would probably considered party attacked dissolution previous compacts might bound upon motion clause unanimously postponed never believe presented soon afterwards 8th june 1787 incidentally adverting subject said government united states formed supposed practicability using force unconstitutional proceedings states would prove visionary fallacious government congress evidently meaning existing congress old confederation without descending particulars may safely asserted power make war state variance whole spirit intent constitution suppose war result conquest state govern afterwards shall hold province govern despotic power nature things could physical force control people compel elect senators representatives congress perform duties depending upon volition required free citizens free state constituent member confederacy possessed power would wise exercise existing circumstances object would doubtless preserve union war would present effectual means destroying would vanish hope peaceable reconstruction besides fraternal conflict vast amount blood treasure would expended rendering future reconciliation states impossible meantime foretell would sufferings privations people existence fact union rests upon public opinion never cemented blood citizens would civil war live affections people must one day perish congress possesses many means preserving conciliation sword placed hand preserve force may permitted solemnly invoke countrymen pause deliberate determine destroy grandest temple ever dedicated human freedom since world began consecrated blood fathers glories past hopes future union already made us prosperous ere long preserved render us powerful nation face earth every foreign region globe title american citizen held highest respect pronounced foreign land causes hearts countrymen swell honest pride surely reach brink yawning abyss shall recoil horror last fatal plunge dread catastrophe hopes friends freedom throughout world would destroyed long night leaden despotism would enshroud nations example eighty years would lost would quoted conclusive proof man unfit every wrong nay every grievous wrong justify resort fearful alternative ought last desperate remedy despairing people every constitutional means conciliation exhausted reflect free government incessant ebb flow public opinion slavery question like everything human day firmly believe reached passed culminating point midst existing excitement union shall perish evil may become irreparable congress contribute much avert proposing recommending legislatures several states remedy existing evils constitution provided preservation tried different critical periods history always eminent success found fifth article providing amendment article amendments proposed houses congress ratified legislatures several states consequently become parts constitution process country indebted clause prohibiting congress passing law respecting establishment religion abridging freedom speech press right petition also indebted bill rights secures people abuse power federal government apprehensions justly entertained friends state rights period rendered extremely doubtful whether constitution could long survived without amendments constitution amended process election president jefferson house representatives february 1803 amendment rendered necessary prevent recurrence dangers seriously threatened existence government pendency election article amendment intended secure amicable adjustment conflicting constitutional questions like present might arise governments states united states appears contemporaneous history connection shall merely call attention sentences madison justly celebrated report 1799 legislature virginia ably conclusively defended resolutions preceding legislature strictures several state legislatures mainly rounded upon protest virginia legislature alien sedition acts palpable alarming infractions constitution pointing peaceful constitutional remedies referred none states authorized resort occasions concludes saying legislatures states might made direct representation congress view obtain rescinding two offensive acts might represented respective senators congress wish thereof would propose explanatory amendment constitution option might application congress obtained convention object course earnestly recommend order obtain explanatory amendment constitution subject slavery might originate congress state legislatures may deemed advisable attain object explanatory amendment might confined final settlement true construction constitution three special points 1 express recognition right property slaves states exists may hereafter exist 2 duty protecting right common territories throughout territorial existence shall admitted states union without slavery constitutions may prescribe 3 like recognition right master slave escaped one state another restored delivered validity law enacted purpose together declaration state laws impairing defeating right violations constitution consequently null void may objected construction constitution already settled supreme court united states ought required answer large proportion people united states still contest correctness decision never cease agitation admit binding force clearly established people several states sovereign character explanatory amendment would believed forever terminate existing dissensions restore peace harmony among states ought doubted appeal arbitrament established constitution would received favor states confederacy event ought tried spirit conciliation states shall separate union entered upon duties presidential office aspect neither foreign domestic affairs satisfactory involved dangerous complications several nations two territories state revolution government restoration african slave trade numerous powerful advocates unlawful military expeditions countenanced many citizens suffered defiance efforts government escape shores purpose making war upon unoffending people neighboring republics peace addition difficulties experienced revulsion monetary affairs soon advent power unexampled severity ruinous consequences great interests country take retrospect condition contrast material prosperity time late presidential election abundant reason return grateful thanks merciful providence never forsaken us nation past trials relations great britain friendly character since commencement administration two dangerous questions arising clayton bulwer treaty right search claimed british government amicably honorably adjusted discordant constructions clayton bulwer treaty two governments different periods discussion bore threatening aspect resulted final settlement entirely satisfactory government last annual message informed congress british government completed treaty arrangements republics honduras nicaragua pursuance understanding two governments nevertheless confidently expected good work ere long accomplished confident expectation since fulfilled britannic majesty concluded treaty honduras 28th november 1859 nicaragua 28th august 1860 relinquishing mosquito protectorate besides former bay islands recognized part republic honduras may observed stipulations treaties conform every important particular amendments adopted senate united states treaty concluded london 17th october 1856 two governments recollected treaty rejected british government objection important amendment senate article relating ruatan islands bay honduras must source sincere satisfaction classes especially engaged foreign commerce claim part great britain forcibly visit search american merchant vessels high seas time peace abandoned far dangerous question peace two countries existed since war 1812 whilst remained open might moment precipitated war rendered manifest exasperated state public feeling throughout entire country produced forcible search american merchant vessels british cruisers coast cuba spring 1858 american people hailed general acclaim orders secretary navy naval force gulf mexico protect vessels united states high seas search detention vessels war nation orders might produced immediate collision naval forces two countries fortunately prevented appeal justice great britain law nations expounded eminent jurists question importance still remains open disputed title two governments island san juan vicinity washington territory question still negotiation deemed advisable present moment make allusion subject recent visit prince wales private character people country proved auspicious event consequences fail increase kindred kindly feelings trust may ever actuate government people countries political social intercourse france ancient powerful ally relations continue friendly character decision recently made french judicial tribunal approbation imperial government fail foster sentiments mutual regard long existed two countries french law person serve armies france unless french citizen law france recognizing natural right expatriation follows necessary consequence frenchman fact become citizen united states changed allegiance lost native character therefore compelled serve french armies case return native country principles announced 1852 french minister war two late cases confirmed french judiciary two natives france discharged french army become american citizens employ language present minister france rendered good service occasion think french naturalized hereafter experience much annoyance subject venture predict time far distant continental powers adopt wise policy done much honor enlightened government emperor event government bound protect rights naturalized citizens everywhere extent though drawn first breath country recognize distinction native naturalized citizens great empire russia united states mutual friendship regard long existed still continues prevail possible increase indeed relations empire could desire relations spain complicated though less dangerous character many years citizens long held continue hold numerous claims spanish government ably urged series years successive diplomatic representatives madrid without obtaining redress spanish government finally agreed institute joint commission adjustment claims 5th day march 1860 concluded convention purpose present minister madrid convention denominated cuban claims amounting 100 interested recognized spanish government agreed pay amount within three months following exchange ratifications payment remaining await decision commissioners amistad claim event balance paid claimants either spain united states terms every reason know highly satisfactory holders cuban claims indeed made formal offer authorizing state department settle claims deduct amount amistad claim sums entitled receive spain offer course accepted claims citizens united states spain subjects queen spain united states including amistad claim convention referred board commissioners usual form neither validity amistad claim claim either party single exception cuban claims recognized convention indeed spanish government insist validity amistad claim thus recognized notwithstanding payment recommended congress two predecessors well appropriation purpose passed senate united states content submitted board examination decision like claims governments bound respectively pay amounts awarded several claimants times places may fixed according tenor said awards transmitted convention senate constitutional action 3d may 1860 27th succeeding june determined would advise consent ratification proceedings place relations spain awkward embarrassing position probable final adjustment claims devolve upon successor reiterate recommendation contained annual message december 1858 repeated december 1859 favor acquisition cuba spain fair purchase firmly believe acquisition would contribute essentially prosperity countries future time well prove certain means immediately abolishing african slave trade throughout world would repeat recommendation upon present occasion believed transfer cuba united states upon conditions highly favorable spain could justly tarnish national honor proud ancient spanish monarchy surely person ever attributed first napoleon disregard national honor france transferring louisiana united states fair equivalent money commercial advantages emperor austria remaining continental powers europe including sultan relations continue friendly character friendly peaceful policy pursued government united states toward empire china produced satisfactory results treaty 18th june 1858 faithfully observed chinese authorities convention 8th november 1858 supplementary treaty adjustment satisfaction claims citizens china referred last annual message already carried effect far practicable convention sum taels equal stipulated paid satisfaction claims american citizens receipts tonnage import export duties american vessels ports canton shanghai fuchau agreed amount shall full liquidation claims american citizens various ports date debentures amount wit taels canton shanghai fuchau delivered according terms convention respective chinese collectors customs ports agent selected minister receive since time claims citizens adjusted board commissioners appointed purpose act march 3 1859 awards proved satisfactory claimants approved minister aggregate amount sum claimants already received large proportion sums awarded fund provided confidently expected remainder ere long entirely paid awards shall satisfied remain surplus disposition congress equity belong chinese government would justice require appropriation benevolent object chinese may specially interested minister china obedience instructions remained perfectly neutral war great britain france chinese empire although conjunction russian minister ever ready willing opportunity offered employ good offices restoring peace parties act simple justice present minister predecessor state proved fully equal delicate trying responsible positions different occasions placed ratifications treaty japan concluded yeddo 29th july 1858 exchanged washington 22d may last treaty proclaimed succeeding day good reason expect protection influence trade intercourse distant interesting people rapidly increase ratifications treaty exchanged unusual solemnity purpose tycoon accredited three distinguished subjects envoys extraordinary ministers plenipotentiary received treated marked distinction kindness government people united states every reason believe returned native land entirely satisfied visit inspired friendly feelings country let us ardently hope language treaty shall henceforward perpetual peace friendship united states america majesty tycoon japan successors wise conservative liberal government empire brazil relations continue amicable character exchange ratifications convention republic new granada signed washington 10th september 1857 long delayed accidental causes neither party censurable ratifications duly exchanged city 5th november last thus controversy amicably terminated become serious period inauguration require 17th april 1857 direct minister demand passports return united states convention government new granada specially acknowledged responsible citizens damages caused riot panama 15th april 1856 claims together claims citizens long urged vain referred adjustment board commissioners submit copy convention congress recommend legislation necessary carry effect persevering efforts made adjustment claims american citizens government costa rica happy inform finally prevailed convention signed city san jose 2d july last minister resident united states costa rica plenipotentiaries republic referring claims board commissioners providing payment awards convention submitted immediately senate constitutional action claims citizens upon republic nicaragua yet provided treaty although diligent efforts purpose made minister resident republic still continued fair prospect success relations mexico remain unsatisfactory condition last two annual messages discussed extensively subject relations propose repeat length facts arguments presented proved conclusively citizens residing mexico merchants trading thereto suffered series wrongs outrages never patiently borne nation successive ministers invoking faith treaties name country persistently demanded redress indemnification without slightest effect indeed confident mexican authorities become patient endurance universally believed might commit outrages upon american citizens absolute impunity thus wrote minister 1856 expressed opinion nothing manifestation power government purpose punish wrongs avail afterwards 1857 came adoption new constitution mexico election president congress provisions inauguration president within one short month however president expelled capital rebellion army supreme power republic assigned general zuloaga usurper turn soon compelled retire give place general miramon constitution thus adopted senor juarez chief justice supreme court became lawful president republic maintenance constitution authority derived civil war commenced still continues prosecuted throughout year 1858 constitutional party grew stronger stronger previous history mexico successful military revolution capital almost universally signal submission throughout republic present occasion majority citizens persistently sustained constitutional government recognized april 1859 government united states authority extended large majority mexican states people including vera cruz important seaports republic period commerce mexico began revive constitutional government afforded protection power meanwhile government miramon still held sway capital surrounding country continued outrages american citizens still courage remain within power cap climax battle tacubaya april 1859 general marquez ordered three citizens united states two physicians seized hospital place taken shot without crime without trial done notwithstanding unfortunate countrymen moment engaged holy affording relief soldiers parties wounded battle without making distinction time arrived opinion government bound exert power avenge redress wrongs citizens afford protection mexico interposing obstacle portion country sway miramon could reached without passing territory jurisdiction constitutional government circumstances deemed duty recommend congress last annual message employment sufficient military force penetrate interior government miramon found need without consent juarez government though doubted consent could obtained never clearer conviction subject justice well wisdom policy alternative left except entire abandonment gone mexico faith treaties systematic injustice cruelty oppression miramon government besides almost certain simple authority employ force would accomplished objects without striking single blow constitutional government would ere established city mexico would ready willing extent ability us justice addition deem important consideration european governments would deprived pretext interfere territorial domestic concerns mexico thus relieved obligation resisting even force become necessary attempt governments deprive neighboring republic portions territory duty could shrink without abandoning traditional established policy american people happy observe firmly relying upon justice good faith governments present danger contingency happen discovered recommendations would sustained congress next alternative accomplish degree possible objects treaty stipulations constitutional government treaties accordingly concluded late able excellent minister mexico 4th january last submitted senate ratification yet received final action body would improper present detailed statement provisions still may permitted express opinion advance calculated promote agricultural manufacturing commercial interests country secure influence adjoining republic whose fortunes fate never feel indifferent whilst time provide payment considerable amount toward satisfaction claims injured period inauguration confronted kansas revolutionary government existing called topeka constitution avowed object subdue territorial government force inaugurate called topeka government stead accomplish object extensive military organization formed command intrusted violent revolutionary leaders circumstances became imperative duty exert whole constitutional power executive prevent flames civil war raging kansas excited state public mind north south might extended neighboring states hostile parties kansas inflamed emissaries north south degree malignity without parallel history prevent actual collision assist civil magistrates enforcing laws strong detachment army stationed territory ready aid marshal deputies lawfully called upon posse comitatus execution civil criminal process still troubles kansas could permanently settled without election people ballot box surest arbiter disputes among freemen conviction every proper effort employed induce hostile parties vote election delegates frame state constitution afterwards election decide whether kansas slave free state insurgent party refused vote either lest might considered recognition part territorial government established congress better spirit however seemed soon prevail two parties met face face third election held first monday january 1858 members legislature state officers lecompton constitution result triumph antislavery party polls decision ballot box proved clearly party majority removed danger civil war time heard little nothing topeka government serious danger revolutionary troubles kansas end lecompton constitution thus recognized state election votes political parties kansas transmitted request present congress could refused without violating clearest strongest convictions duty constitution proceedings preceded followed formation fair regular face believed experience proved interests people kansas would best consulted admission state union especially majority within brief period could amended constitution according pleasure fraud existed proceedings president congress investigate determine question fraud ought consequences first two elections majority refused vote pretended refusal exercise elective franchise could invalidate election fairly held lawful authority even subsequently voted third election true whole constitution submitted people always desired precedents numerous admission states union without submission would comport present purpose review proceedings congress upon lecompton constitution sufficient observe final action removed last vestige serious revolutionary troubles desperate band recently assembled notorious outlaw southern portion territory resist execution laws plunder peaceful citizens doubt speedily subdued brought justice treated lecompton constitution nullity refused transmit congress difficult imagine whilst recalling position country moment would disastrous consequences territory dereliction duty part executive peace also restored within territory utah commencement administration state open rebellion dangerous people animated fanatical spirit intrenched within distant mountain fastnesses might made long formidable resistance cost might necessary bring subjection constitution laws sound policy therefore well humanity required object possible accomplished without effusion blood could effected sending military force territory sufficiently strong convince people resistance would hopeless time offer pardon past offenses condition immediate submission government policy pursued eminent success regret heavy expenditure required march large detachment army remote region furnish subsistence utah comparatively peaceful quiet military force withdrawn except portion necessary keep indians check protect emigrant trains way pacific possessions first annual message promised employ best exertions cooperation congress reduce expenditures government within limits wise judicious economy overflowing treasury produced habits prodigality extravagance could gradually corrected work required time patience applied diligently task beginning aided able energetic efforts heads different executive departments result labors good appear sum total expenditures first two years mainly consequence extraordinary expenditure necessarily incurred utah expedition large amount contingent expenses congress period greatly exceeded pay mileage members year ending june 30 1858 whilst pay mileage amounted contingent expenses rose year ending june 30 1859 whilst pay mileage amounted contingent expenses amounted happy however able inform last fiscal year ending june 30 1860 total expenditures government branches legislative executive judicial exclusive public debt reduced sum conclusively appears books treasury year ending june 30 1858 total expenditure exclusive public debt amounted year ending june 30 1859 whilst books treasury show actual expenditure year ending june 30 1860 including contingent expenses congress must deducted amount sum interest upon appropriated act february 15 1860 purpose supplying deficiency revenues defraying expenses department year ending june 30 1859 sum therefore justly chargeable year 1859 must deducted sum order ascertain expenditure year ending june 30 1860 leaves balance expenditures year interest public debt including treasury notes fiscal year ending june 30 1860 amounted added sum makes aggregate ought justice observed several estimates departments year ending june 30 1860 reduced congress still deemed compatible public interest allowing liberal margin reduction causes may safely asserted sum amply sufficient administer government pay interest public debt unless contingent events hereafter render extraordinary expenditures necessary result attained considerable degree care exercised appropriate departments entering public contracts never interfered award contract except single case colonization society deeming advisable cast whole responsibility case proper head department general instruction contracts always given lowest best bidder ever opinion public contracts legitimate source patronage conferred upon personal political favorites cases public officer bound act government prudent individual would act great satisfaction communicate fact since date last annual message single slave imported united states violation laws prohibiting african slave trade statement rounded upon thorough examination investigation subject indeed spirit prevailed time since among portion favor trade seems entirely subsided also congratulate upon public sentiment exists crime setting foot military expeditions within limits united states proceed thence make war upon people unoffending states peace respect happy change effected since commencement administration surely ought prayer every christian patriot expeditions may never receive countenance country depart shores would useless repetition refer earnest commendation former recommendations favor pacific railroad grant power president employ naval force vicinity protection lives property passing transit different central american routes sudden lawless outbreaks depredations also protect american merchant vessels crews cargoes violent unlawful seizure confiscation ports mexico south american republics may disturbed revolutionary condition settled conviction without power afford protection engaged commerce country right demand recommend congress passage law pursuance provisions constitution appointing day certain previous 4th march year odd number election representatives throughout states similar power already exercised general approbation appointment day throughout union holding election electors president united states attention earnestly directed subject fact congress terminated 3d march 1859 without making necessary appropriation service department forced consider best remedy omission immediate call present congress natural resort upon inquiry however ascertained fifteen states composing confederacy without representatives consequently fifteen states would disfranchised call fifteen states condition 4th march next ten elect representatives according existing state laws different periods extending beginning august next months october november last message gave warning time sudden alarming danger salvation institutions might depend upon power president immediately assemble full congress meet emergency quite evident financial necessities government require modification tariff present session purpose increasing revenue aspect desire reiterate recommendation contained last two annual messages favor imposing specific instead ad valorem duties imported articles properly applied long observation experience convinced specific duties necessary protect revenue secure manufacturing interests amount incidental encouragement unavoidably results revenue tariff abstract proposition may admitted ad valorem duties would theory equal experience commercial nations demonstrated duties assessed collected without great frauds upon revenue part wisdom resort specific duties indeed nature ad valorem duty must result inevitable consequence foreign goods entered less true value treasury therefore lose duty difference real fictitious value extent defrauded temptations ad valorem duties present dishonest importer irresistible object pass goods lowest valuation necessary save confiscation often succeeds spite vigilance revenue officers hence resort false invoices one purchaser another expedients defraud government honest importer produces invoice collector stating actual price purchased articles abroad dishonest importer agent foreign manufacturer may observed large proportion manufactures imported abroad consigned sale commission merchants mere agents employed manufacturers cases actual sale made fix value foreign manufacturer dishonest prepares invoice goods actual value lowest rate necessary escape detection manner dishonest importer foreign manufacturer enjoy decided advantage honest merchant thus enabled undersell fair trader drive market fact operation system already driven pursuits honorable commerce many class regular conscientious merchants whose character throughout world pride country remedy evils found specific duties far may practicable dispense inquiry actual cost value article pays precise amount duty previously fixed law present temptations appraisers foreign goods receive small salaries might undervaluation cases render independent besides specific duties best conform requisition constitution preference shall given regulation commerce revenue ports one state another ad valorem system preferences extent inevitable complaints often made spirit provision violated lower appraisement articles one port another impression strangely enough prevails extent specific duties necessarily protective duties nothing fallacious great britain glories free trade yet whole revenue imports present moment collected system specific duties striking fact connection commercial treaty january 23 1860 france england one articles provides ad valorem duties imposes shall converted specific duties within six months date ascertained making average prices six months previous time reverse propositions would nearer truth much larger amount revenue would collected merely converting ad valorem duties tariff equivalent specific duties extent revenue would increased proportion specific duty might diminished specific duties would secure american manufacturer incidental protection fairly entitled revenue tariff surely person would object framers existing tariff gone liberal spirit discriminated favor large useful branches manufactures raising rate duty upon importation similar articles abroad effect admitting articles free duty enter composition fabrics present system often truly remarked incidental protection decreases manufacturer needs increases needs least constitutes sliding scale always operates revenues country subject similar fluctuations instead approaching steady standard would case system specific duties sink rise sinking rising prices articles foreign countries would difficult congress arrange system specific duties would afford additional stability revenue manufactures without injury injustice interest country might accomplished ascertaining average value given article series years place exportation simply converting rate ad valorem duty upon might deemed necessary revenue purposes form specific duty arrangement could injure consumer pay greater amount duty one year would counterbalanced lesser amount next end aggregate would desire call immediate attention present condition treasury ably clearly presented secretary report congress recommend measures promptly adopted enable discharge pressing obligations recommendations report well worthy favorable consideration herewith transmit congress reports secretaries war navy interior recommendations suggestions contain highly valuable deserve careful attention report details circumstances cornelius vanderbilt request agreed month july last carry ocean mails atlantic pacific coasts thus acted important intercommunication must suspended least season power make compensation postages mail matter might carry known time postages would fall far short adequate compensation well sum service previously cost government vanderbilt commendable spirit willing rely upon justice congress make deficiency therefore recommend appropriation may granted purpose great injustice omit mention distinguished services measures adopted prosecuted defense government numerous unfounded claims land california purporting made mexican government previous treaty cession successful opposition claims saved united states public property worth many millions dollars individuals holding title least equal amount represented sources deem reliable inhabitants several portions kansas reduced nearly state starvation account almost total failure crops whilst harvests every portion country abundant prospect approaching winter well calculated enlist sympathies every heart destitution appears general relieved private contributions indigent circumstances unable purchase necessaries life refer subject congress constitutional measure relief devised would recommend adoption cordially commend favorable regard interests people district eminently entitled consideration especially since unlike people states appeal government except union
throughout year since last meeting country eminently prosperous material interest general health excellent harvest abundant plenty smile throughout land commerce manufacture prosecute energy industry yield fair ample return short nation tide time ever present spectacle great material prosperity do within recent period discontent extensively prevail union state source blessing threaten destruction intemperate interference northern people question slavery southern state length produce natural effect different section union array time arrive much dread father country hostile geographical party form long foreseen often forewarn countryman impend danger proceed solely claim part congress territorial legislature exclude slavery territory effort different state defeat execution law evil might endure south without danger union others hope time reflection might apply remedy immediate peril arises much cause fact incessant violent agitation slavery question throughout north last quarter century length produce malign influence slave inspire vague notion freedom hence sense security longer exist around family altar feel peace home give place apprehension servile insurrection many matron throughout south retires night dread may befall child morning apprehension domestic danger whether real imaginary extend intensify shall pervade mass southern people disunion become inevitable first law nature implant heart man creator wise purpose political union however fraught blessing benefit respect long continue necessary consequence render home firesides nearly half party habitually hopelessly insecure sooner later bond union must sever conviction fatal period yet arrive prayer god would preserve constitution union throughout generation let u take warning time remove danger deny five twenty year agitation north slavery incessant 1835 pictorial handbill inflammatory appeal circulate extensively throughout south character excite passion slave language general jackson stimulate insurrection produce horror servile war agitation ever since continue public press proceeding state county convention abolition sermon lecture time congress occupy violent speech subject appeal pamphlet form indorse distinguished names send forth central point spread broadcast union easy would american people settle slavery question forever restore peace harmony distract country alone necessary accomplish object slave state ever contend let alone permitted manage domestic institution way sovereign state alone responsible god world slavery exist among people north responsible right interfere similar institution russia brazil upon good sense patriotic forbearance confess still greatly rely without aid beyond power president matter may political proclivity restore peace harmony among state wisely limit restrained power constitution law alone accomplish little good evil momentous question brings observe election one office president afford dissolve union especially true election effect mere plurality majority people result transient temporary cause may probably never occur order justify resort revolutionary resistance federal government must guilty deliberate palpable dangerous exercise power grant constitution late presidential election however hold strict conformity express provision result justify revolution destroy constitution reason justice regard constitution require shall wait overt dangerous act part president elect resort remedy say however antecedent sufficient justify fear south attempt invade constitutional right apprehension contingent danger future sufficient justify immediate destruction noble system government ever devise mortal nature office high responsibility must necessarily conservative stern duty administer vast complicate concern government affords guaranty attempt violation clear constitutional right chief executive officer government province make execute law remarkable fact history notwithstanding repeat effort antislavery party single act ever pass congress unless may possibly except missouri compromise impair slight degree right south property slave may also observe judge present indication probability exist passage act majority house either present next congress surely circumstance ought restrain present action precept spake man never speak sufficient unto day evil thereof day evil may never come unless shall rashly bring upon allege one immediate secession southern state deny equal right state common territory authority deny congress never pass believe never pass act exclude slavery territories certainly supreme court solemnly decide slave property like property owner right take common territory hold protection constitution far congress concerned objection anything already do may hereafter surely admit apprehension future danger good reason immediate dissolution union true territorial legislature kansas 23d february 1860 pass great haste act veto governor declare slavery shall forever prohibit territory act however plainly violate right property secure constitution surely declare void judiciary whenever shall present legal form three day inauguration supreme court unite state solemnly adjudge power exist territorial legislature yet factious temper time correctness decision extensively impugned people question give rise angry political conflict throughout country appeal judgment high constitutional tribunal popular assembly would could invest territorial legislature power annul sacred right property power congress expressly forbidden federal constitution exercise every state legislature union forbidden constitution exercise exercise state except people high sovereign capacity frame amend state constitution like manner exercise people territory represent convention delegate purpose frame constitution preparatory admission state union invest power decide question whether slavery shall shall exist within limit act sovereign authority subordinate territorial legislation otherwise indeed would equality state territory destroy right property slave would depend upon guaranty constitution upon shift majority irresponsible territorial legislature doctrine intrinsic unsoundness long influence considerable portion people much less afford good reason dissolution union palpable violation constitutional duty yet commit consist act different state legislature defeat execution law ought remember however act neither congress president justly hold responsible pass violation federal constitution therefore null void court state national question arisen begin declared law constitutional single exception state court wisconsin reverse proper appellate tribunal met universal reprobation danger precedent validity law establish supreme court unite state perfect unanimity found upon express provision constitution require fugitive slave escape service one state another shall deliver master without provision historical fact constitution could never adopt convention one form act 1793 1850 substantially law law land day washington present moment clear case present duty next president act vigor execute supreme law conflict enactment state legislature fail performance high duty manifest disregard constitution law great injury people nearly state union presume advance thus violate duty would war every principle justice christian charity let u wait overt act law carry execution every contest case since commencement present administration though often regret great loss inconvenience master considerable expense government let u trust state legislature repeal unconstitutional obnoxious enactment unless shall do without unnecessary delay impossible human power save union southern state stand basis constitution right demand act justice state north refuse constitution state party willfully violate one portion provision essential domestic security happiness remainder event injure state first use peaceful constitutional mean obtain redress would justify revolutionary resistance government union purposely confine remark revolutionary resistance claim within last year state whenever shall sovereign pleasure may secede union accordance constitution without violation constitutional right member confederacy become party union vote people assemble convention one may retire union similar manner vote convention order justify secession constitutional remedy must principle federal government mere voluntary association state dissolve pleasure one contracting party confederacy rope sand penetrate dissolve first adverse wave public opinion state manner state may resolve many petty jar hostile republic one retire union without responsibility whenever sudden excitement might impel course process union might entirely break fragment week cost forefather many year toil privation blood establish principle wholly inconsistent history well character federal constitution frame great deliberation care submit convention people several state ratification provision discuss length body compose first men country opponent contend conferred power upon federal government dangerous right state whilst advocate maintain fair construction instrument foundation apprehension mighty struggle first intellects country never occur individual either among opponent advocate assert even intimate effort vain labor moment state felt aggrieved might secede union crush argument would prove dreaded right state would endanger constitution truth many year origin federal government proposition first advance meet refute conclusive argument general jackson message 16th january 1833 transmit nullify ordinance south carolina congress employ follow language right people single state absolve without consent state solemn obligation hazard liberty happiness million compose union acknowledge authority believe utterly repugnant principle upon general government constitute object expressly form attain pretend clause constitution give countenance theory altogether round upon inference language contain instrument sovereign character several state ratify beyond power state like individual yield portion sovereign right secure remainder language madison call father constitution form state people state act high sovereign capacity form consequently authority form state constitution government unite state create constitution less government strict sense term within sphere power government create constitution state within several sphere like organize legislative executive judiciary department operate like directly person thing like command physical force execute power commit intend perpetual annul pleasure one contracting party old article confederation entitle article confederation perpetual union state thirteenth article expressly declare article confederation shall inviolably observe every state union shall perpetual preamble constitution unite state express reference article confederation recites establish order form perfect union yet contend perfect union include essential attribute perpetuity union design perpetual appear conclusively nature extent power confer constitution federal government power embrace high attribute national sovereignty place sword purse control congress power make war make peace raise support army navy conclude treaty foreign government invest power coin money regulate value thereof regulate commerce foreign nation among several state necessary enumerate high power confer upon federal government order carry enumerate power effect congress possesses exclusive right lay collect duty import common state lay collect tax constitution confer high power upon congress adopt effectual mean restrain state interfere exercise purpose strong prohibitory language expressly declare state shall enter treaty alliance confederation grant letter marque reprisal coin money emit bill credit make anything gold silver coin tender payment debt pass bill attainder ex post facto law law impair obligation contract moreover state shall without consent congress lay impost duty import export except may absolutely necessary execute inspection law exceed amount excess shall belong united state state shall without consent congress lay duty tonnage keep troop ship war time peace enter agreement compact another state foreign power engage war unless actually invade imminent danger admit delay order still secure uninterrupted exercise high power state interposition provide constitution law united state shall make pursuance thereof treaty make shall make authority united state shall supreme law land judge every state shall bind thereby anything constitution law state contrary notwithstanding solemn sanction religion superadded obligation official duty senator representative united state member state legislature executive judicial officer united state several state shall bind oath affirmation support constitution order carry effect power constitution establish perfect government form legislative executive judicial government extent power act directly upon individual citizen every state execute decree agency officer respect differs entirely government old confederation confine make requisition state sovereign character leave discretion whether obey refuse often decline comply requisition thus become necessary purpose remove barrier order form perfect union establish government could act directly upon people execute law without intermediate agency state accomplish constitution united state short government create constitution derive authority sovereign people several state precisely right exercise power people state enumerate case one possess subject delegate united state reserve state respectively people extent delegated power constitution unite state much part constitution state bind upon people though textually insert therein government therefore great powerful government invest attribute sovereignty special subject authority extend framer never intend implant bosom seed destruction creation guilty absurdity provide dissolution intend framer baseless fabric vision touch enchanter would vanish thin air substantial mighty fabric capable resist slow decay time defy storm age indeed well may jealous patriot day indulge fear government high power might violate reserve right state wisely adopt rule strict construction power prevent danger fear reason imagine constitution would ever interpret enable state act without consent sister state discharge people federal obligation may ask people state without redress tyranny oppression federal government mean right resistance part govern oppression government deny exists independently constitution exercise period world history old government destroy new one take place embody strong express language declaration independence distinction must ever observe revolution establish government voluntary secession virtue inherent constitutional right short let u look danger fairly face secession neither less revolution may may justifiable revolution still revolution meantime responsibility true position executive bound solemn oath god country take care law faithfully execute obligation absolve human power performance duty whole part render impracticable event could exercise control present moment case throughout state south carolina far law united state secure administration justice mean federal judiciary concern federal officer within limit whose agency alone law carry execution already resign long district judge district attorney marshal south carolina fact whole machinery federal government necessary distribution remedial justice among people demolish would difficult impossible replace act congress statute book bear upon subject february 28 1795 march 3 1807 authorize president shall ascertain marshal posse comitatus unable execute civil criminal process particular case call forth militia employ army navy aid performing service first proclamation command insurgent disperse retire peaceably respective abode within limited time duty possibility perform state judicial authority exist issue process marshal execute even officer entire population would constitute one solid combination resist bare enumeration provision prove inadequate without legislation overcome united opposition single state speak state may place similar attitude congress alone power decide whether present law amend carry effectually object constitution insuperable obstacle lie way execute law collection custom revenue still continue collect heretofore charleston collector unfortunately resign successor may appoint perform duty regard property united state south carolina purchase fair equivalent consent legislature state erection fort magazine arsenal authority exercise exclusive legislation expressly grant constitution congress believe attempt make expel united state property force prove mistaken officer command fort receive order act strictly defensive contingency responsibility consequence would rightfully rest upon head assailant apart execution law far may practicable executive authority decide shall relation federal government south carolina invest discretion possesses power change relation heretofore exist much less acknowledge independence state would invest mere executive officer power recognize dissolution confederacy among sovereign state bear resemblance recognition foreign de facto government involve responsibility attempt would part naked act usurpation therefore duty submit congress whole question bearing course event rapidly hasten forward emergency may soon arise may call upon decide momentous question whether possess power force arm compel state remain union feel recreant duty express opinion important subject question fairly state constitution delegate congress power coerce state submission attempt withdraw actually withdraw confederacy answered affirmative must principle power confer upon congress declare make war state much serious reflection arrive conclusion power delegate congress department federal government manifest upon inspection constitution among specific enumerated power grant congress equally apparent exercise necessary proper carry execution one power far power delegate congress expressly refuse convention frame constitution appear proceeding body 31st may 1787 clause authorize exertion force whole delinquent state come consideration madison oppose brief powerful speech shall extract single sentence observe use force state would look like declaration war infliction punishment would probably consider party attacked dissolution previous compact might bind upon motion clause unanimously postpone never believe present soon afterwards 8th june 1787 incidentally advert subject say government united state form suppose practicability use force unconstitutional proceeding state would prove visionary fallacious government congress evidently mean exist congress old confederation without descend particular may safely asserted power make war state variance whole spirit intent constitution suppose war result conquest state govern afterwards shall hold province govern despotic power nature thing could physical force control people compel elect senator representative congress perform duty depend upon volition require free citizen free state constituent member confederacy possessed power would wise exercise exist circumstance object would doubtless preserve union war would present effectual mean destroy would vanish hope peaceable reconstruction besides fraternal conflict vast amount blood treasure would expend render future reconciliation state impossible meantime foretell would sufferings privation people existence fact union rest upon public opinion never cement blood citizen would civil war live affection people must one day perish congress possess many mean preserve conciliation sword place hand preserve force may permit solemnly invoke countryman pause deliberate determine destroy grand temple ever dedicate human freedom since world begin consecrated blood father glory past hope future union already make u prosperous ere long preserved render u powerful nation face earth every foreign region globe title american citizen hold high respect pronounce foreign land cause hearts countryman swell honest pride surely reach brink yawning abyss shall recoil horror last fatal plunge dread catastrophe hop friends freedom throughout world would destroy long night leaden despotism would enshroud nation example eighty year would lose would quote conclusive proof man unfit every wrong nay every grievous wrong justify resort fearful alternative ought last desperate remedy despair people every constitutional mean conciliation exhaust reflect free government incessant ebb flow public opinion slavery question like everything human day firmly believe reach passed culminating point midst exist excitement union shall perish evil may become irreparable congress contribute much avert propose recommend legislature several state remedy exist evil constitution provide preservation try different critical period history always eminent success find fifth article provide amendment article amendment propose house congress ratify legislature several state consequently become part constitution process country indebted clause prohibit congress pass law respect establishment religion abridge freedom speech press right petition also indebted bill right secure people abuse power federal government apprehension justly entertain friend state right period render extremely doubtful whether constitution could long survive without amendment constitution amend process election president jefferson house representative february 1803 amendment render necessary prevent recurrence danger seriously threaten existence government pendency election article amendment intend secure amicable adjustment conflict constitutional question like present might arise government state united state appear contemporaneous history connection shall merely call attention sentence madison justly celebrate report 1799 legislature virginia ably conclusively defended resolution precede legislature strictures several state legislature mainly round upon protest virginia legislature alien sedition act palpable alarm infraction constitution point peaceful constitutional remedy refer none state authorize resort occasion conclude say legislature state might make direct representation congress view obtain rescind two offensive act might represent respective senator congress wish thereof would propose explanatory amendment constitution option might application congress obtain convention object course earnestly recommend order obtain explanatory amendment constitution subject slavery might originate congress state legislature may deem advisable attain object explanatory amendment might confine final settlement true construction constitution three special point 1 express recognition right property slave state exists may hereafter exist 2 duty protect right common territory throughout territorial existence shall admit state union without slavery constitution may prescribe 3 like recognition right master slave escape one state another restore deliver validity law enact purpose together declaration state law impair defeat right violation constitution consequently null void may object construction constitution already settle supreme court unite state ought require answer large proportion people united state still contest correctness decision never cease agitation admit bind force clearly establish people several state sovereign character explanatory amendment would believe forever terminate exist dissension restore peace harmony among state ought doubt appeal arbitrament establish constitution would receive favor state confederacy event ought try spirit conciliation state shall separate union enter upon duty presidential office aspect neither foreign domestic affair satisfactory involved dangerous complication several nation two territory state revolution government restoration african slave trade numerous powerful advocate unlawful military expedition countenance many citizen suffer defiance effort government escape shore purpose make war upon unoffending people neighbor republic peace addition difficulty experience revulsion monetary affair soon advent power unexampled severity ruinous consequence great interest country take retrospect condition contrast material prosperity time late presidential election abundant reason return grateful thanks merciful providence never forsake u nation past trial relation great britain friendly character since commencement administration two dangerous question arise clayton bulwer treaty right search claim british government amicably honorably adjust discordant construction clayton bulwer treaty two government different period discussion bore threaten aspect result final settlement entirely satisfactory government last annual message inform congress british government complete treaty arrangement republic honduras nicaragua pursuance understand two government nevertheless confidently expect good work ere long accomplished confident expectation since fulfil britannic majesty conclude treaty honduras 28th november 1859 nicaragua 28th august 1860 relinquishing mosquito protectorate besides former bay island recognize part republic honduras may observe stipulation treaty conform every important particular amendment adopt senate united state treaty conclude london 17th october 1856 two government recollect treaty reject british government objection important amendment senate article relate ruatan island bay honduras must source sincere satisfaction class especially engage foreign commerce claim part great britain forcibly visit search american merchant vessel high seas time peace abandon far dangerous question peace two country exist since war 1812 whilst remain open might moment precipitate war render manifest exasperated state public feel throughout entire country produce forcible search american merchant vessel british cruiser coast cuba spring 1858 american people hail general acclaim order secretary navy naval force gulf mexico protect vessel unite state high sea search detention vessel war nation order might produce immediate collision naval force two country fortunately prevent appeal justice great britain law nation expound eminent jurist question importance still remain open dispute title two government island san juan vicinity washington territory question still negotiation deem advisable present moment make allusion subject recent visit prince wale private character people country prove auspicious event consequence fail increase kindred kindly feelings trust may ever actuate government people country political social intercourse france ancient powerful ally relation continue friendly character decision recently make french judicial tribunal approbation imperial government fail foster sentiment mutual regard long exist two country french law person serve army france unless french citizen law france recognize natural right expatriation follow necessary consequence frenchman fact become citizen united state change allegiance lose native character therefore compel serve french army case return native country principle announce 1852 french minister war two late case confirm french judiciary two native france discharge french army become american citizen employ language present minister france render good service occasion think french naturalized hereafter experience much annoyance subject venture predict time far distant continental power adopt wise policy do much honor enlighten government emperor event government bound protect right naturalize citizen everywhere extent though drawn first breath country recognize distinction native naturalized citizen great empire russia united state mutual friendship regard long exist still continue prevail possible increase indeed relation empire could desire relation spain complicate though less dangerous character many year citizen long hold continue hold numerous claim spanish government ably urge series year successive diplomatic representative madrid without obtain redress spanish government finally agree institute joint commission adjustment claim 5th day march 1860 conclude convention purpose present minister madrid convention denominate cuban claim amount 100 interested recognize spanish government agree pay amount within three month follow exchange ratification payment remain await decision commissioner amistad claim event balance pay claimant either spain united state term every reason know highly satisfactory holder cuban claim indeed make formal offer authorize state department settle claim deduct amount amistad claim sum entitle receive spain offer course accept claim citizen united state spain subject queen spain united state include amistad claim convention refer board commissioner usual form neither validity amistad claim claim either party single exception cuban claim recognize convention indeed spanish government insist validity amistad claim thus recognize notwithstanding payment recommend congress two predecessor well appropriation purpose pass senate united state content submit board examination decision like claim government bind respectively pay amount award several claimant time place may fix accord tenor say award transmit convention senate constitutional action 3d may 1860 27th succeed june determine would advise consent ratification proceeding place relation spain awkward embarrass position probable final adjustment claim devolve upon successor reiterate recommendation contain annual message december 1858 repeat december 1859 favor acquisition cuba spain fair purchase firmly believe acquisition would contribute essentially prosperity country future time well prove certain mean immediately abolish african slave trade throughout world would repeat recommendation upon present occasion believe transfer cuba united state upon condition highly favorable spain could justly tarnish national honor proud ancient spanish monarchy surely person ever attribute first napoleon disregard national honor france transfer louisiana united state fair equivalent money commercial advantage emperor austria remain continental power europe include sultan relation continue friendly character friendly peaceful policy pursued government unite state toward empire china produce satisfactory result treaty 18th june 1858 faithfully observe chinese authority convention 8th november 1858 supplementary treaty adjustment satisfaction claim citizens china refer last annual message already carried effect far practicable convention sum tael equal stipulate paid satisfaction claim american citizen receipt tonnage import export duty american vessel port canton shanghai fuchau agree amount shall full liquidation claim american citizen various port date debenture amount wit tael canton shanghai fuchau deliver accord term convention respective chinese collector custom port agent select minister receive since time claim citizen adjust board commissioner appoint purpose act march 3 1859 award prove satisfactory claimant approve minister aggregate amount sum claimant already receive large proportion sum award fund provide confidently expect remainder ere long entirely pay award shall satisfy remain surplus disposition congress equity belong chinese government would justice require appropriation benevolent object chinese may specially interested minister china obedience instruction remain perfectly neutral war great britain france chinese empire although conjunction russian minister ever ready willing opportunity offer employ good office restore peace party act simple justice present minister predecessor state prove fully equal delicate try responsible position different occasion place ratification treaty japan conclude yeddo 29th july 1858 exchange washington 22d may last treaty proclaim succeeding day good reason expect protection influence trade intercourse distant interesting people rapidly increase ratification treaty exchange unusual solemnity purpose tycoon accredit three distinguished subject envoys extraordinary minister plenipotentiary receive treated marked distinction kindness government people united state every reason believe return native land entirely satisfy visit inspire friendly feeling country let u ardently hope language treaty shall henceforward perpetual peace friendship united state america majesty tycoon japan successor wise conservative liberal government empire brazil relation continue amicable character exchange ratification convention republic new granada sign washington 10th september 1857 long delay accidental cause neither party censurable ratification duly exchange city 5th november last thus controversy amicably terminate become serious period inauguration require 17th april 1857 direct minister demand passports return united state convention government new granada specially acknowledge responsible citizen damage cause riot panama 15th april 1856 claim together claim citizen long urge vain refer adjustment board commissioner submit copy convention congress recommend legislation necessary carry effect persevere effort make adjustment claim american citizen government costa rica happy inform finally prevail convention sign city san jose 2d july last minister resident united state costa rica plenipotentiary republic refer claim board commissioner provide payment award convention submit immediately senate constitutional action claim citizens upon republic nicaragua yet provide treaty although diligent effort purpose make minister resident republic still continue fair prospect success relation mexico remain unsatisfactory condition last two annual message discuss extensively subject relation propose repeat length facts argument present prove conclusively citizens reside mexico merchant trade thereto suffer series wrong outrage never patiently borne nation successive minister invoke faith treaty name country persistently demand redress indemnification without slight effect indeed confident mexican authority become patient endurance universally believe might commit outrage upon american citizen absolute impunity thus write minister 1856 express opinion nothing manifestation power government purpose punish wrong avail afterwards 1857 come adoption new constitution mexico election president congress provision inauguration president within one short month however president expel capital rebellion army supreme power republic assign general zuloaga usurper turn soon compel retire give place general miramon constitution thus adopt senor juarez chief justice supreme court become lawful president republic maintenance constitution authority derive civil war commence still continue prosecute throughout year 1858 constitutional party grow strong strong previous history mexico successful military revolution capital almost universally signal submission throughout republic present occasion majority citizens persistently sustain constitutional government recognize april 1859 government unite state authority extend large majority mexican state people include vera cruz important seaport republic period commerce mexico begin revive constitutional government afford protection power meanwhile government miramon still hold sway capital surround country continue outrage american citizen still courage remain within power cap climax battle tacubaya april 1859 general marquez order three citizen united state two physician seize hospital place take shot without crime without trial do notwithstanding unfortunate countryman moment engage holy afford relief soldier party wound battle without make distinction time arrive opinion government bind exert power avenge redress wrong citizen afford protection mexico interpose obstacle portion country sway miramon could reach without pass territory jurisdiction constitutional government circumstance deem duty recommend congress last annual message employment sufficient military force penetrate interior government miramon find need without consent juarez government though doubted consent could obtain never clear conviction subject justice well wisdom policy alternative leave except entire abandonment go mexico faith treaty systematic injustice cruelty oppression miramon government besides almost certain simple authority employ force would accomplish object without strike single blow constitutional government would ere establish city mexico would ready willing extent ability u justice addition deem important consideration european government would deprive pretext interfere territorial domestic concern mexico thus relieve obligation resist even force become necessary attempt government deprive neighbor republic portion territory duty could shrink without abandon traditional establish policy american people happy observe firmly rely upon justice good faith government present danger contingency happen discover recommendation would sustain congress next alternative accomplish degree possible object treaty stipulation constitutional government treaty accordingly conclude late able excellent minister mexico 4th january last submitted senate ratification yet receive final action body would improper present detailed statement provision still may permit express opinion advance calculate promote agricultural manufacture commercial interest country secure influence adjoin republic whose fortune fate never feel indifferent whilst time provide payment considerable amount toward satisfaction claim injure period inauguration confront kansa revolutionary government exist call topeka constitution avow object subdue territorial government force inaugurate call topeka government stead accomplish object extensive military organization form command intrust violent revolutionary leader circumstance become imperative duty exert whole constitutional power executive prevent flames civil war rag kansa excite state public mind north south might extend neighbor state hostile party kansas inflamed emissary north south degree malignity without parallel history prevent actual collision assist civil magistrate enforce law strong detachment army station territory ready aid marshal deputy lawfully call upon posse comitatus execution civil criminal process still trouble kansa could permanently settle without election people ballot box sure arbiter dispute among freeman conviction every proper effort employ induce hostile party vote election delegate frame state constitution afterwards election decide whether kansa slave free state insurgent party refuse vote either l might consider recognition part territorial government establish congress well spirit however seem soon prevail two party meet face face third election hold first monday january 1858 member legislature state officer lecompton constitution result triumph antislavery party poll decision ballot box prove clearly party majority remove danger civil war time hear little nothing topeka government serious danger revolutionary trouble kansas end lecompton constitution thus recognize state election vote political party kansas transmit request present congress could refuse without violate clear strong conviction duty constitution proceeding precede follow formation fair regular face believe experience proved interest people kansa would best consult admission state union especially majority within brief period could amend constitution accord pleasure fraud exist proceeding president congress investigate determine question fraud ought consequence first two election majority refuse vote pretend refusal exercise elective franchise could invalidate election fairly hold lawful authority even subsequently vote third election true whole constitution submit people always desire precedent numerous admission state union without submission would comport present purpose review proceeding congress upon lecompton constitution sufficient observe final action remove last vestige serious revolutionary trouble desperate band recently assemble notorious outlaw southern portion territory resist execution law plunder peaceful citizen doubt speedily subdue brought justice treat lecompton constitution nullity refuse transmit congress difficult imagine whilst recall position country moment would disastrous consequence territory dereliction duty part executive peace also restore within territory utah commencement administration state open rebellion dangerous people animate fanatical spirit intrench within distant mountain fastness might make long formidable resistance cost might necessary bring subjection constitution law sound policy therefore well humanity require object possible accomplish without effusion blood could effect send military force territory sufficiently strong convince people resistance would hopeless time offer pardon past offense condition immediate submission government policy pursue eminent success regret heavy expenditure require march large detachment army remote region furnish subsistence utah comparatively peaceful quiet military force withdrawn except portion necessary keep indian check protect emigrant train way pacific possession first annual message promise employ best exertion cooperation congress reduce expenditure government within limit wise judicious economy overflow treasury produce habit prodigality extravagance could gradually correct work required time patience apply diligently task begin aid able energetic effort head different executive department result labor good appear sum total expenditure first two year mainly consequence extraordinary expenditure necessarily incur utah expedition large amount contingent expense congress period greatly exceed pay mileage member year end june 30 1858 whilst pay mileage amount contingent expense rise year end june 30 1859 whilst pay mileage amount contingent expense amount happy however able inform last fiscal year end june 30 1860 total expenditures government branch legislative executive judicial exclusive public debt reduce sum conclusively appear book treasury year end june 30 1858 total expenditure exclusive public debt amount year end june 30 1859 whilst book treasury show actual expenditure year end june 30 1860 include contingent expense congress must deduct amount sum interest upon appropriate act february 15 1860 purpose supply deficiency revenue defray expense department year end june 30 1859 sum therefore justly chargeable year 1859 must deduct sum order ascertain expenditure year end june 30 1860 leaf balance expenditures year interest public debt include treasury note fiscal year end june 30 1860 amount add sum make aggregate ought justice observe several estimate department year end june 30 1860 reduce congress still deem compatible public interest allow liberal margin reduction cause may safely assert sum amply sufficient administer government pay interest public debt unless contingent event hereafter render extraordinary expenditure necessary result attain considerable degree care exercise appropriate department enter public contract never interfere award contract except single case colonization society deem advisable cast whole responsibility case proper head department general instruction contract always give low best bidder ever opinion public contract legitimate source patronage confer upon personal political favorite case public officer bound act government prudent individual would act great satisfaction communicate fact since date last annual message single slave import united state violation law prohibit african slave trade statement round upon thorough examination investigation subject indeed spirit prevail time since among portion favor trade seem entirely subside also congratulate upon public sentiment exists crime set foot military expedition within limit united state proceed thence make war upon people unoffending state peace respect happy change effect since commencement administration surely ought prayer every christian patriot expedition may never receive countenance country depart shore would useless repetition refer earnest commendation former recommendation favor pacific railroad grant power president employ naval force vicinity protection live property pass transit different central american route sudden lawless outbreak depredation also protect american merchant vessel crew cargo violent unlawful seizure confiscation port mexico south american republic may disturb revolutionary condition settle conviction without power afford protection engage commerce country right demand recommend congress passage law pursuance provision constitution appoint day certain previous 4th march year odd number election representative throughout state similar power already exercise general approbation appointment day throughout union hold election elector president united state attention earnestly direct subject fact congress terminate 3d march 1859 without make necessary appropriation service department force consider best remedy omission immediate call present congress natural resort upon inquiry however ascertain fifteen state compose confederacy without representative consequently fifteen state would disfranchise call fifteen state condition 4th march next ten elect representative accord exist state law different period extend begin august next month october november last message give warning time sudden alarming danger salvation institution might depend upon power president immediately assemble full congress meet emergency quite evident financial necessity government require modification tariff present session purpose increase revenue aspect desire reiterate recommendation contain last two annual message favor impose specific instead ad valorem duty import article properly apply long observation experience convince specific duty necessary protect revenue secure manufacturing interest amount incidental encouragement unavoidably result revenue tariff abstract proposition may admit ad valorem duty would theory equal experience commercial nation demonstrated duty assess collect without great fraud upon revenue part wisdom resort specific duty indeed nature ad valorem duty must result inevitable consequence foreign good enter less true value treasury therefore lose duty difference real fictitious value extent defraud temptation ad valorem duty present dishonest importer irresistible object pas good low valuation necessary save confiscation often succeed spite vigilance revenue officer hence resort false invoice one purchaser another expedient defraud government honest importer produce invoice collector state actual price purchase article abroad dishonest importer agent foreign manufacturer may observe large proportion manufacture import abroad consign sale commission merchant mere agent employ manufacturer case actual sale make fix value foreign manufacturer dishonest prepares invoice good actual value low rate necessary escape detection manner dishonest importer foreign manufacturer enjoy decide advantage honest merchant thus enable undersell fair trader drive market fact operation system already drive pursuit honorable commerce many class regular conscientious merchant whose character throughout world pride country remedy evil find specific duty far may practicable dispense inquiry actual cost value article pay precise amount duty previously fix law present temptation appraiser foreign good receive small salary might undervaluation case render independent besides specific duty best conform requisition constitution preference shall give regulation commerce revenue port one state another ad valorem system preference extent inevitable complaint often make spirit provision violate low appraisement article one port another impression strangely enough prevails extent specific duty necessarily protective duty nothing fallacious great britain glory free trade yet whole revenue import present moment collect system specific duty strike fact connection commercial treaty january 23 1860 france england one article provide ad valorem duty impose shall convert specific duty within six month date ascertain make average price six month previous time reverse proposition would nearer truth much large amount revenue would collect merely convert ad valorem duty tariff equivalent specific duty extent revenue would increase proportion specific duty might diminish specific duty would secure american manufacturer incidental protection fairly entitle revenue tariff surely person would object framer exist tariff go liberal spirit discriminate favor large useful branch manufacture raise rate duty upon importation similar article abroad effect admit article free duty enter composition fabric present system often truly remarked incidental protection decrease manufacturer need increase need least constitutes slide scale always operate revenue country subject similar fluctuation instead approach steady standard would case system specific duty sink rise sinking rise price articles foreign country would difficult congress arrange system specific duty would afford additional stability revenue manufacture without injury injustice interest country might accomplish ascertain average value give article series year place exportation simply convert rate ad valorem duty upon might deem necessary revenue purpose form specific duty arrangement could injure consumer pay great amount duty one year would counterbalance less amount next end aggregate would desire call immediate attention present condition treasury ably clearly present secretary report congress recommend measure promptly adopt enable discharge press obligation recommendation report well worthy favorable consideration herewith transmit congress report secretary war navy interior recommendation suggestion contain highly valuable deserve careful attention report detail circumstance cornelius vanderbilt request agree month july last carry ocean mail atlantic pacific coast thus act important intercommunication must suspend least season power make compensation postage mail matter might carry known time postage would fall far short adequate compensation well sum service previously cost government vanderbilt commendable spirit willing rely upon justice congress make deficiency therefore recommend appropriation may grant purpose great injustice omit mention distinguish service measure adopt prosecute defense government numerous unfounded claim land california purport make mexican government previous treaty cession successful opposition claim save united state public property worth many million dollar individual hold title least equal amount represent source deem reliable inhabitant several portion kansa reduce nearly state starvation account almost total failure crop whilst harvest every portion country abundant prospect approach winter well calculated enlist sympathy every heart destitution appear general relieved private contribution indigent circumstance unable purchase necessary life refer subject congress constitutional measure relief devise would recommend adoption cordially commend favorable regard interest people district eminently entitle consideration especially since unlike people state appeal government except union