Newspaper of The Weekly Ottumwa Courier, December 13, 1860, Page 1

Newspaper of The Weekly Ottumwa Courier dated December 13, 1860 Page 1
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rt4 M«#T %T, i «..» »t»K ,'tl f-ff-if iKte&R' a •.••ojtjfcSiat _{i i* a id* f»* .•3 4 :»%tyBra?- *»TJ NEW SCRIES, VOL. ft, NO.4®. J. W• XORBI9)Proprietor* Cjjt (Dttumtoa Conrirr. IS PUBLISHED BVERY THURSDAY IK U O S O K (third fi.oor) OTTUMWA, WAPELLO CO., TOW A, By J. W. & G. P. MORRIS. E S Invariably Oneoopr, peryeac *1,60 Fourcopies Teh *4 11 ,4 imaginary, extcd and intensify iiself. until it shall pervade the masses of ihe Southern and has been implanted in the heart of man of nearly half the parties to it habitually and hopelessly insecure. So'ner or later the i against slavery in the South ha« been inc:is-1 hant. In 1838, pic oral hand-bills and in-1 sivelv throughout the South, of a character! Conventions ami bv abolition seimons and lectures. The time of Congress has been occupied in violent speeches on the never I lending sub'jec^, and appeals in pamphlet, and 1 sr*b'*qr in advance »Wsing.is threatened with destruction The I *ha" long con inued intemperate interference the Northern people with the question vasv would it he fur the American poonle to i Prov,^,on' *d country. Tliey alone can do it. All thati °,r is necessary to accomplish this ohje?t, and I J, all wlrch the Slave States have ever contend- F,,s ed for, is to be left alone, and pernitted to j,a!,d the world f«r the slavery exi-ting with them, i!° For this the people of the North are not more responsible, and have no more right to i *a and patriotic forbearance I con less I greatly i *l!,'Ion rely. Without their aid it is beyond the power of any President, no matter what may be his political proclivities, to restore peace and harmony among the States. Wisely complish but little for good or evil, on such the part of the President elect before resort ing to such a remedy. It is said, however, that the antecedents of the President elect have been sufficient to justify the Tars of the South that he will attempt to invade their Constitutional rights but are such appre ^l**-.*.. *«iS^jjr, '*Vf$j '—•i rnanii iBMiwi ii mil— #. fi fvh nti*?** &$*** »,H». ,jj,m •. 12,041. Twenty" K'w *.!.". *4.00. PemoriB wUMngtotnhscrlhe for ft lets time than one Jr«»r can do so by remitting the amount they with to |©to appi^f-lated. In no case will we enternew ^erne^nles^Oie^jire^ccompanled^dUMnoncjv^^^ President's Message, follow Citisrnx o the Senate and House of Representative* Throughout the year since our last meet- In- the country ha« been eminently pros ^aright to take them into the common perous in its material interests. The general If general health has been excellent, our harvests have been abundant, and plenty smiles throughout the land. Our commcrce and manufactures 'have been prosecuted with energy and indus- Iry, and have yielded fair and ample returns. In short, no nation in the tide of time, has ever presented n spectacle of greater materi al prosperity, than we have done until a vi ry recent period. Why is it, then, that discon tent now extensively prevails, and the union nf the States, which is the source of all these of nf slaverv in the Southern States, has at length I Tn' produced its natural effects. The different secti ns of the Union are now arrayed against! f,,nn host le geographical parties have been form- ""VT* v cd. 1 have long foreseen, and often fore warned, my countrymen of the now impend ing danger. This does not proceed solely fr in the claim on the-part of Congress or the Ptr,P'p' '\le question has gi\en rise Terri'orial Leg'slnfures to excV.de slavery Itn from the Territories nor from the efforts of' ™untrv. Those who have appealed from different Stat s to defeat t':e execution of the i den prehencions of servile insurrection. Many I1Jef",or-v~? matron throughout the South, retires jit night in dr. ad of what mav befall herself and 'ts. own slavery question throughout the Noith for I cannot be exercised in any Mate, except the last quarter ofa century, has at length bv produced its malign influence on the slaves. n110''.*'' when framing or amending their sndinspind them with vague notions of ^tate Constitution. In like mann' r, it can freedom hence a sense of security no long- er exists around he family altar. This feel !.or' ^presented n n Convention of delegates inr of peace at home hns given place to ap-1 Pu1POSj' ^/ia,n,nK In J.y his Creator for the wiset purposes, imd i -r,u t,"',v v ,ton hv the W1 othr forms,'endorsel by distinguished names qu ring that fugitive slaves who escape from have h°en #V»rtli frotnihis crntial point, nnrl spread hr a!^at over th'1 Union. How '^er^c| limited and restrained as is his power u ider of Christian charity. Let us wait the Constitution and laws, he alone can ac- !. a momentous question and this brings me |,n^° execution every contested case since to observe that the election of any one of our commencement of the present adminis fellow-citizens to the office of President, does trj'^on, though often, it is to be regretted, not of itself afford just cause for -dissolving w 1m Union. This is more especially true if niastlr' his election has been effected by a mere plu- Government. rahty, and not a majority of the people, and Let us trust that the State Legislatures will haa resulted from transient and teatnpo- repeal their unconstitutional a obnoxious en rary causes which may probably nev- aetiaents unless this shall be done without er again occur. In order to justi- unnecessary delay, it is impossible for eny fv a resort to revolutionary resistance, the human |ower to save the Union. The Federal Government must be guilty of de- Southern States, standing on the basis of the liberate, palpable, and dangerous -exercise of Constitution, have a right to demand this act powers not granted by the Constitution— of justice from the States of the North The recent Presidential Election, however, Should it be refused them, the Constitution, has been held in strict conformity with its to which all the States are parties, will have express provisions. How then can the re-1 been wilfully violated by one portion of them, S-ilt justify a revolution to destroy this very in a provision essential to the domestic eo Constitution Reason, justice and regard curity and happiness of the remainder, ln for the Constitution all require that we shall! that event the injured States, after having wait for some overt and dangerous act on first used all peaceful and constitutional hensions of contingent danger in the future, State, whenever it affords in itself a guarantee that he will not attempt any violation of a clear Constiiu- sufficient to justify the immediate destruc- #nd pleasure, may secede tirom the Union in tion of the noblest system of Government accordance with the Constitution, and with eter devised bv mortals? From the very out any violation of the constitutional rights nature hia office and its high resp.m-ibili-j ot ihe other members of the confediracv ties he must necessarily be conservative.— that as each became parties to the Un The stern duty of administering the vast ion by the vote of its own people assembled and complicated councils of this government in convention, s any of them may retire tional right. After all he is nothing but the secession as a constitutional remedy, it must Chief Executive officer of the Government, be on the principle that the Federal Gov Ilis province is not to make, but execute its I ment is a mere voluntary association of States iawa, and it is a remarkable fact in our to be dissolved at pleasure by one of the history that, notwith»tanding the repealed contracting parties. If this be so, the con -f jwtj, no ftrlnmar tops 91 a«ud, pffitljatrd MSRHIlRMiP no »«1'X# no oicrf 0*1 ottH _''' n?*^^ act has ever passed Congress, unless we may "possibly except the Missouri Comprcm'se, impairing in the slightest degree the rights of the South to their properly in slaves.— Anrt it may also be observed, judging from present indications, that no probability ex ists of the passage of such An act by a ma jority of both Houses either in the present or the next Congress. Surely under these circumstances we ought to be restrained from present aclion by the precept of Him who spake as never man spake, that, 'suffi cient unto the day is the evil thereof.' The day of evil may never come unless we shall rashly bring it upon oursclve It is alleged as one cause of 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 N't by Congress, which has never passed, and I believe never will pass, any act to ex clude slavery from these territories and certainly not by the Supreme Court which has solemnly decided that slaves are proper ty. and. like all other property, the owners th% T^u 1h" ^',Cr!!°n of the Constitution. So far then as Congress is Concerned, the objection is not to anything thry have alrrady done, but to what they mav do hereafter. It will surely be admit ted that this apprehension of future danger Is no good reason for an immediate dissohi' tion of the Union. Tt is true that the Territorial Legislature of Kansas, on tho 23d of February, 18t0, passed in great haste an act, over the veto of the Governor, declaring that slavery is. and bo for°T in the 1 err. tory. S'lch an act, however, plainly violating the r'ghts property secured by the Constitn- Wlil ?,m'lv b? df*™1 vo"1 h? the Ju- 1' sha11, be Panted in a 0"'.v threc eaeh other, and the time has arrived so much the Supreme Court of the United dreaded by the Father of His Country, when Statos !%s my inau- 8'iemnjy adjudged that this power 1(:^ntor,H,. L^s'aturp.- Yet such has be^n the captious temper of the times, that th" correctness of this decis ion has been extensively impugned before anPy E?J,tlcal conflict throughout the th}*.i"d^Pnt Fugitive Slave Law. All or any of these i popular assemblies, would, ifthev evils mirht have been endnretl by the South, with u.t danpe: to the Union, ns other, have 'nwer c0,,'r'' of our high-s' Copstituhonal invest Teriitorial Legislatures with the been, in the hope that time and reflection Thw power Congress is expr,ss,y forbidden might apply the remedy. The iunn( jiate i hy the federal t,onstitut:on to exercise. Eve peril aris"s, not so much from the causes, as ry State Legislature in the Union is forbid from the fact that the violent agitation of the i sa^ied n'-'h^ of property, institution to exercise it. !he PeoP,e -,r h,-lu'st onlv hi a n,on inve*,t«^ children before morning. Should this apnre whether slavery shall or shall not exist with tension of domestic danger, whether leal or a ,oas011 on* bonds of such a uui-n miM b- severed stifntional duty which have yet been com is my conviction that this fatal period ha not yet an'v.'d, and my prayer to God in that he would preserve the (.''institution and the Union thrc uuhout all generations. But however, that for these acts nei- let u take warning in time and remove the I ,be,r viol»t"»n sovereign ca- erased by the people of the Terri­ a constitution, nil^ll,n ns ^tate ,n'° ^'ie 1 hen, and not ui.til then, are they wi,h P^r to decide the question lnn,ts 1 llls ,s an a(t of a,,'.hor,.,v' and not sovereign 0 S i k'H'-^&tion. ub( rd.nate territorial) V e 1 1 people, then disunion will be inevitable.— i would the equality of the Mates in the lerri Self-preservation is the first law of nature,' tories le e'*-v ln s'Hve^ no political union, however fraught with majorities of an irrepressible terri Wessings p.ndb nefits in all other respects tonal legislature Such a doctrine, from its ran long continue, if the necessary co..sc- i 'nlnnsic unsoundness, cannot long mtluence quences be to render the homes and firesides 'hen indeed destroyed. «nd the rights of prop- «ould depend not upon the ,ran,ec'i of.thc ,'1,tltull"n- hut,VPon ,h.° n"x' P°r,ion ,of our P®0^ ',,utrh.,PSS '*r a dissolut on of the The most palpable violations of con mitted consist in the acts of different State le execution It ought to be re- to God Legislatures to defeat the execution of the ve aVl! La«. v'r '. cause of danger. It cannot be denied that '-v respons^I ,,°'Jbeen pas«id in for five and twenty years, the agitation c" '1 ''n:"1,r-i the nr1 Vt0th flainmatoiv appeals were circulated ex»en-|fl!'est'on, ,a,.IM*tV .1!Ve ,,om nm"declared to excite the passions of the slaves-and in constitutional I he single exception is that the language (Jen. Jackson, to stimulate the -tate( onrt in i»cons:n, and this has them to insurrection, and produce all t},e n°t horrors of a servile war. This agitation has tiihnnal. but has met with such un.ver ever since been continued by the public press i reprobation that there can be no danger by the proceedings of State and County [r s/' t^al onshtuMon they therefore nu 1 and vo'd- All the Courts Mate aid National, before whom the e £',n" the fugitive Slate Law to be only been reveised v the proper appel- ,n ,f I he validity of this 'hshed over and over aga n S'.pren'e Cnurt of the United States P^erfect unanimity. It is fmiriled upon an.e.xpress provision of the Constitution, re- in or,° j-tatc to another, stfiall be de- nP}°t masters, without thi^ ,s a settle the slavery question forever, and to I J-^iat ConstUutum it so!Ifcould never have restore harmony and peace to this distract-| well-known historical fact \L' :u,10. onventiou. In one un next 11 &ct hn\e [)r Sldstant lt'V( ally the same, the ':,ve has been the law of the fr0,n the days„ manage their domestic institutions in their! Present moment. Her®. 'b'"n. a clear case own way, as Sovereign States They, and |P«'sented in which it will he the duty of thev alone, are responsible before God and of U "Kington to the .as w. aw e interfere, than with similar institutions in PCrf"rm:,,K'e of this high duty he will then Russia or Brazil. Upon their good sense 1".1 mv own vigor in executing this supreme a?a,nsf' t',° conflicting^ enactments of manifested a disregard of the lon n- n ('^be J"1^. t° 'hc great injury of rreat injury of the States P1^0!? "ea °"u :l^vnnce 1C arc w? Pr®s"nie i'i '^,aJ thus violate his duty V Tjy8 wo"1'1 ''e at w"h everT r,„tbe acV,, principle Fugitive §lave Law has been carried ureat loss and inconvenience to the ft,,d with considerable expense to the means lo obtain redress, would be justified1 in revolutionary resistance to the government of the Union. 1 have purposly com fined my remarks to revolutionary resistance, because it has been claimed within t'le Iat few years, that any shall be her sovereign will frotn the Uniou in a similar manner, by the vote of such a convention. I n order to justify »Vi Id *m conclusively from the nat.ire and extent the powers conferied by the Constitution on the Federal Government. These powers embrace the very highest attributes of na tional sovereignty. They place both the sword and the purse under its control. Con- to lay and collect duties on imports, and, in common with the States, to lay and collect all othBr taxes. But the Constitution Congress, no S'ates shall lay any imposts or and dissolved by the first adverse wave of, ten declinod to comply with such requisi public opinion in any of States, ln this tions. Tt thus became necessary, for the manner our thirty three States may resolve purpose of removing the barrier, and in or theniselves into as many petty, jarring and der to fortn a more perfct union, to establish hostile republics, each one retiring from the a Government which could act directly up ITnion without responsibility, whenever any on th« people, and execute its own laws sudden excitement might impel them to such without the intermediate agency of the a course by this process a Union might be States. This has been accomplished by (he entirely broken into fragments in a few weeks. Constitution of the United States. which cost our forefathers many years of In short, the Government created by toil, privation and bloodshed to establish.— jthe Constitution, and drawing its authority Such a principle is wholly inconsistent with from the sovereign people of each of the sev its history. As it was framed with the great- eral States, has precisely the same right to est deliberation and care, it was submitted to I «xercise its power over the people of all conventions of the people of the several States in the enumerated cases, that each States for ratification. Its provisions were one of them pos'ses over subjects not delega discus-cd a' length in those bodies composed ted to the United States, but reserved to the of the first m~n of the country. Its oppo-j States respectively, or to the people. To nenN contended that it conferred powerupon the extent of the delegated powers, the Con the Federal Government dangerous to the stitution of the United State* is as much a rights of the States, whilst its advocates part of the Constitution of each State, and is maintained that under a fair construction of i as binding upon the people as though it had the instrument, there was no foundation for i been textually inserted therein. This Gov such apprehensions. Tn that mighty strug- ernment, therefore, is a great and powerful gle between-the first intellects of this or any [Government, invested wi'h all the attributes other country, it never occurred to an}* indi- of sovereignty ofth" special subjects to which vidual, either among its opponents or advo-, its authority extends. Its trainers never cates, to assert or even to intimate that their intended to implant in Its bosom the seeds efforts were all vain labor, because the 1110- est sen -e of the term within the sphere of its executive, bound by solemn oath before God powers, than the governments created bv the lRTU| the country to take care that the laws Constitutions of the States are within their he faithfully executed From this ohliga several spheres. It is like them organized |jon cannot be absolved by any human into Legislative. Executive and Juf'iciary power. But what if the performance of this departments. It operates like them directly in whole or in part, has been render on persons and things, and like them, it has gf} impracticable by events over which he at command a physical force for executing rould have exercised r.o control? Such at the powers committed to it it was intended I the present moment is the case throughout to be perpetual, and not to be annulled at the State of South Carolina. So far as the the pleasure of any one of the contracting I iavrs 0 parties. The old Articles of Confederaation ministration of justice by means cf the Fed were entitled "Articles of Confed- eral Judiciary is concerned, all the Federal eration, and Perpetual U^nion officers withio its limits, through whose between the States and by the 13th agency alone these laws can be carried into article, it is expressly declared thet the ar- execution, ive already resigned. We have tides of this Confederation shall bo inevitably no observed by every State and the Union shall torney, in South Carolina. In fact, the »m' uato J. whole machinery of the Federal Government, T.r p-ca ii 1 fo lh Cor-M*uf'o*i of the 1 In.t Siate.. having express reference !jllstjce a,nong the people, has been demol to the articl. s of Confederation, which :,tates i„hed and it would be difficult, if not im it was established in order to form a more possible, to icplace it. The only acts of perfect Union, does not include the essen- Congress on the statute book bearing upon tial attribut- of perpetuity but that the this subject, are those of the -28th Fcbi uai v, Union was designed to be perpetual, appears a duties, on any import* or experts, except It, tonnage, ke«p troops or ships of war in time of peace, enter into any agreement or com pact with another State or with a foreign power, or engage in war unless actually in vaded or in such imminent danger as will not admit of further delay. and the Judges in even- State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwith atanding. The s* lemn sa iction of religion has been superadded to the obligatiohs of official duty, and all Senators and Renresan tatives of the United States all members of !a.t®. "Nd Tn order to parry Into effect these lairs, the Constitution has established a perfrct government in all its forma, Legislative, Ex ecutive and Judicial, ar.d the Government to the extent of its.powers, acts upon the indi vidual citizens ojf 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 Confed eration, which was confined to making re- \& not only conferred those high powers upon P"siti('" Congress, but it has adopted effectual mekns I °.the,r ters of marque and rep.i~al. coin money. 1 emit bills of credit, make anything but gold a n s i v e i n a e n e i n a y n o him in gress has power to make war and to makejfjpgt hy proclamation, commanded the in peace, to raise and support armies and na- surgents to disperse and return peaceably to vies and to conclude treaties with foreign their respective nbodes wiihin a limited time, governments. It is invested with the power This duty cannot, by any possibility be to coin money and to regulate commerce performed in a State'where no judicial' #u with foreign nations and among the several thority exists to issue process, and where States. It is not necessary to enumerate the there is no marshal to execute, and where, otliei high powers which have been confer- jeven if theit were such an officer, the entire red upon the Federal Government. In or- population would combine in one solid col der to carry the enumerated powers into ef-! „mn tn resis' him feet, Congress possesses the exclusive right fiTic I of its own destruction. ment that any State felt herself aggiieved, I Nor were they, at its creation, guilty of she might secede from the Union. What a the absurdity of providing for its own dfisso crushing argument would this have proved lution. against those who draded that the rights of i It was not intended by itsfrainers to be

the States would be endangered by the Con- the baseless fabric of a vision, which at the stitution The truth is, that it was not. un- touch of the enchanter, would vanish into til many years after the origin of the Federal I thin air, but a substantial and mighty fabric Government, that such a proposition w as capable of resisting the slow decay of time, first advanced. It was then met and refuted and of defying the storms of ages. Indued by the conclus ve arguments of General Jack- w ell mav jealous patriots of that day have son. wh", in his message of the llith -of Jan indulged fears that government of such high ary, 1833, transmitting the nullifying ordi- powers might violate the reserved rights of nance of South Carolina to Congress, cm- the States ami wisely did thev adopt the plovs the following language rule of a strict construction of those powers "The right of the people of a single State to prevent the danger but thev did not fear to absolve themselves at will, without the nor had they any reason to imagine, that the consent of the ther States, from their most Con-titution would be so interpreted as to solemn obligations, hazards the liberty and enable any State, by her own act and with happ'nesp of millions composing this Union, jout the consent of her sister States, to dis and cannotjbe acknowledged. Such authori- charee her people from all or any of their tv is believed to be utterly repugnant, both federal obligations. It may be asked, then, to the principles upon which the Oenoral i are the people of the States without redress Government is constituted, and to the oh-1 against the tyranny and oppression of the jects which it was expressly formed to attain, Federal Government? By no means. The It is not pretended that any clause in the right of resistance on the part of the govern Consiitntion fives ceuntenance to such a cd against the oppression of their G'tvcrn theory it is aHogether founded upon infer- S ments cannot be denied it exists indepen ence, not from any language contained in the dent of all consti utions, and has been exer instrument itself, but from the sovereign I cised at all periods of the world's history.— character of the several States by which it Under it old Governments have been des was ratified hut is beyond the power of a troyed, and under it new ones have been re State, like an individual, to yield a portion of placed. It is embodied in t-trong and ex its sovere'gn rights to secure the remainder." pi ess language, in our own Declaration of In the language of Mr. Madison, who has independence, hut the distinction must ever been called the Father of the Constitution, be observed, that this is revolution against it was formed by the States, tnat is by the the established government, and not a vol people in each of the States, acting in their highest sovereign capacity, and formed con sequently by the same authority which form ed the State constitutions nor is the gov ernment of the United States created by the Constiution less a government in the strict- I,'^'i 3*fuO fT IB OTTUMWA, IOWA, THURSDAY, DECEMBER 13, I860. hi- unwary seccssio i from it by virtue of an herent constitutional light. In short let us look the danger fairly In the face: Secession is nothing more nor less than revolution. What, in the meantime, is the responsibility and true position of the ,he United States to secure the ad- |onger a District Judge, or District At- necessary fur the distribution of remedial 11795 nnd nBK11 .11 Manh. 1807. These auth in­ :ho President, after hesuttil have ascertain ed that the Marshal with his posse com it a tus is unable to exeute civil or criminal pro cess in any particular case, to call fuith the militia and employ the army and i»avy to performing the' service havin» The mer resistance Qf thesa provisions proves how inadequate they are, without 1^ further legislation, to overcome a united op a It strong prohibitory language expressly State, w f^ 1 °f tbe not 4k Sta°f ^10 "ho Place to restrain the States from interfering with Lf•tftude. Congress alone has power their excrcis for that purpose. has in decide winther the present laws cannot dt.J clared that no State shall enter into «nv the objects of the i onstitution. The treaty, a'liance or confederation, grant let- I e o e debts, pass any bill of at«ai.ider, «»«/,«- I nm Charleston, and should -he to laws, or laws impairing the obligations of i -0»e^r unfortunately resign, a successor contracts. Morover, without the consent of "\A-V aPp°irit,ef ,„»y ,'lu.ely nece3Srv for „/e. "ll cut ins its inspection laws and if they ex ceed this amount, the excess shall belong to the United States, an 1 no State shall with- out rhe^coVsenVof Congress'lay anT'dut^'ori !has been expressly granted tonna.re We«n t™™ nr .hin* if in hY In order still further to secure the unin terrupted exercise of these high powers against State interposition, it is provided pRrt from the execution of the laws, so far that the Constitution and laws of the United Slates, shall be the supreme law of the land, I with no suCh discretion He possesres no a" the several States, shall lie bound by oath or affirmation to support this Constitu tion. qoisitions on the States in their sovereign tion delegated to Congress the power to character. This left it in the discretion of force a State into submission which is at whfthff til flh#V ftf nf. 1 tatnnlini* nr kae l|l. Perform thl* re-ard li ^tatc^ 'fn .d' of the Um- so"tb aro!,na- «»s has been sent of the Legislature of the Slate, lor the erection of forts, magazines, arsenals, 4c., and over these the authority to exercise exelu the onstitution totongress. It is not be lieved that any attempt will be made to ex pel the United States from this property by force but if in this I should prove to be mistaken, the officer in the command of the forts has received orders to act strictly on the defensive. In such a contingency, the responsibility for consequences woulif right fully rest upon the heads of the assailants. as States which dl Ikj made in pursuance j,as no authority to decide what shall be the thereof, and all treaties made or which shall relations between the Federal Government b? made under the authority of the I nited this may be practicable, the Executive and South ai olina. He has been invested power to change the relations heretofore ex isting between them much less to acknowl edge the Independence of that State. This would be to invest a mere Executive officer with ttie power of recognizing the di&solu-!threatened tion of the Confederacy among our thirl v- (hroe sovereign ty any attempt to do this would on hi s part be a naked act of wnsurpation. It is, therefore, my duty to submit to Congress the whole question in all its bearings. TVe course of events is so rapidly hastening for ward that the emergency may arrive when you may be ca'led upon to decide the mo mentous question wnether you possess tlie 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 my ©pinion on the important subject. The question fairly stated is: Has the Constitu ..^i« of hemf,veK a l'c nni^.ded so as to carry out more effect- samt? 'nsuPer".ble ob-t,adertrdo "ot llu ,'1 tht ^ecuting the laws for thecoUfct.on ^S,T u'^VT *U]\ a e e o o e a e u s 1 States.' It has no resem-|article Executive and Ju- h'ance toTtl* recognition of a foreign de-facto dicial ofhi ers, 1»oth of the nited States and government involving no such responsibili- mrnm amendments have been pro|»o thirds of luith Houses of Congres been ratified by the Legislatures of three fourths of the several States, and have con sequently become parts of the Constitution. To this process tho country is indebted for i 1 ^ollnd.', Upon his motion the clause was nnani- caped from one State lo another, to be should result the conquest of a State character Such an exr.lanation would, if i despotic power V In the nature of things"we among the States. It ought not to b» doubt-: sufferings and privations of the people du- of the efforts of our Government, o escape nf »K S 1 1 a long night of leaden despotism would en-! message 1 informed Congress that the Brit— shroud the nation. Our example for more i*h Government had nottlvn completed ar- ofa desp.ni ing people, after every other con- a treaty with Honduras on the 2^ of No- the same process after the election of Presi-, the friends of State lights at that period, as ed with general acclaim the orders of tho i to have rendered it extremely doubtful' Secretary of the Navv to our naval force in i w e e e o n s i u i o n o u a v e o n e u o e i o o o e a v e s s e s o survived without these amendments. the United States on the hi^h sens frotn Again the Constitution wag amended by lives, in February, 1*03. This amendment,tht the Legislature of Virdnia. In this, be ably Wvrnimm drawn from the Confedeiacv* If answered which the States were authorized to resort with ih'J approbation of the Imperial Gov-r in the affirmative, it must be on the rinci- on such occa-ions, he concludes by saving! ernment, which cannot il to foster the sen pie that the power has been conferred upon that the Legislatures of the States might timents of mutual regard that have so long Congress to declare and to make war against' have made a direct representation to (_,\m- existod between the two countries. Under a State. I cress with a view to obtain a rescinding of th? French law no person can serve in the After much serious.reflection I have arri- the two offensive a*ts, or they might have i armies of Frahtfe unless he be a French Citi ved at the conclusion that i.o sue hpower has represented to their respective Senators injzen. been delegated to Congress or to any other Congress their wish that two-thirds thereof] The law of France recognizing the nattir departinent of the Federal Government. It' would propose an explanatory amendment! al right of expatriation, it follows as a neces is manifest, upon an inspection of the Con-! to the Constitution or two thirds of them- sarv consequence, that a Frenchman, by tho stitution, that this is not among the specific selves, if such had been their option, might fact of having become a citizen of the United and enumerated powers granted to Congress .by an application to Congres.? have obtained States, has changed his allegiance, and has and it is equally apparent that its exercise is a convention for the same object. This Mot h:s native character. He cannot, theK not necessary and proper for carrying into is the very course which I earnestly recom-: fore, be compelled to serve in the French execution any one ol these powers. So faf men !, in order to obtain an explanatory mies, in ca»e he shm.M leturn to his native from this power having been delegated to amendment of the Constitution on the sub- conn rv. These principles were announced Congress, it was expressly refused by the ject of slavery. This might originate wi'h in 18o2 by the French Minister of War, and Convention which framed the Constitu-| Congress or the State Legislatures, as mav 'n two 'ate eae- have hi en confirm* by the lion. 1 be deemed most advisable to attain the ob French Judiciary. In these, two natives of It appears from the proceedings of that ject. The explanatory amendment might France have been discharged from the French body, on the 31st of May, 1787, thirt the be confined to the final settlement of the clause authorizing an execution of the force construction of the constitution on thieo spe- citii ens. To employ the language of our of the whole against a delinquent State came I cial points:—First, on express reci gnition of present Minister to France, who has rendered up for considerat'on. Mr. Madis »n opposed 1 the right of property in slaves in the Slates good seiv'ce on tips occasion, "1 do not it in a brief, but powerful speech, from which I shall extract ln:t a single sentence. Second, the duty of protecting th:s right in will hereafter experience much annoyance on He observ. d: "The use of force against a all the common territories throughout their -hi- su'ji ct. I venture to predict that the State would look re like a declaration of territorial existence, and until thev shall be1 time is not far distant when the other conti war than an infliction of punishment, and would prolmbly be considered by the party without slavery, as thiTr copstitution may 'just policy which has dens so much honor attacked as a dissolution of all previous com-! prescribe. Third, a l.kc re cognition of the to the enlightened government of ihe Einpe pacts l.y which it nvght be right of the master to his slave, who has es- mously postponed, and was flever. I believe, I stored and livered up to him and the va- eitiz-ns everywhere, to the same extent aa again presented. lidity of the Fu^i'ive Slave Law. enacted for though they had drawn their first breath in Soon after, on the 8th of June, 1787,! this"puipoe together with a declaration f.iat: Ibis countiy. NVe can recognize no distinc w hen incidentally adverting to this subject, all Slate laws impairing or defeating this lion between cur native and naturalized citl he said:— "Any Government for the 1 right are violations of the Constitution, and zens. United States, formed on the supposed prac- consequently null and void. kcsma. ticability of using force against the unconsti It mav be objected, that this construction Between the great Empir£iif' a#|' tutional proceedings of the States, would of the Constitution has already been settled tho Uniled States, the mutual friendship prove as visionary and fallacious as the by the Supreme Court of the United States.! ,nd regard which has so long existed, siitt (iovernment of Congress," evidently mean- and what more ought to »ie required* The contii^ues to prevail, and. if possible, to iu ine the then existing Congress of the old answer is that a very large proportion of thr* I crease. Iiuh ed, our relations with that confederation. Without descending to par- people of the United States still controvert i j.iic are all that'we could desire. ticulars, it may be safeiy asserted that the ihe correctness of this decisii n. and never' [ower to make war against a State is at va-1 will cease from agitation and admit its hind rance with the whole spirit and intent of 1 ing forc? until clearly established by the peo the Constitution. Suppos- such a war pie r.f the several States in their sovereign ^"'n' „iev bow- are we to govern it afterwards? Shall helieved, forever terminate the existing dis nu^eronnclaim, againsr the Spanish Ooveru we hold it as a province and govern it by a sensions, and restore peace and harmony could not by physical force control ihe will ed that su-h an appeal to the arbitrament representatives at Madrid, but without obtain of the people, and compel them to elect Sen-!established by the Constitution itself, would ing redress. The Spanish govetnnien* ftnallj ator« and Representatives to Congress, and be received with favor by a.I th,' States of agreed to intlitute a joint commission for the to perform all the other duties depending up- the Confederacy. In any event it ought to adjustment of these claims, and on the fiftk on their own relation, and required from the be tried in a spirit of conciliation before any i day of March. I860, concluded a convention free citizens of a free State as a Constitu-|of these Stales shall separate themselves for that purpose with our present Minister at ent number of the Confederacy. But if from the Union. Madrid. Under this Convention, what have we possessed the power, would it be wise to When I entered upon the duties of the been dpnonrnated the Cuban claims, amount ing to S12fl.64, in which more than enf hundred of our fellow citizens are interested, were recognized, and Spain agreed to pay one huedred thousand dollars of this amount within three months following the exchange, of ratifications. The payment of the remain ing $'.'8.03.i,64 was to await the decision of the commissioners for or against t'.e Amitfafl claim hut in any event the balance was to be ex»rcise it under existing circumstances? Presidential office, neither our foreign nor '. The object would be doubtless to preserve dome-tic affairs were at rll satisfac'orv. i the Union. War would not only prove the We were involved in dangerous complies most eff ctual means of destroying it, but, tions w'th S' v ral nations, and two of ur would banish all hope of its peaceable recon- territories were in a state of revolution struction. Besides, in the fraternal conflict, against our Government a .restoration ofi avast amount of blood and treasure would i the African slave trad had numerous and be expended, rendering future reconciliation powerful advocates unlawful military ex-' between the States impossible. In the mean pediti ms were countenanced by many of .. .. i a i o e a i i n a n s e i e v a i n o e tune, who can foretell what would be the our citizens and were suffered ,n defiance ^nifH nng its existence. The fact is that our from our shores Tor the purpose of making holders of the Cuban claims. Indeed, they Lnion rests upon public opinion, and can war upon the unoffending people of the. haTe made a formal offer, authorizing tha never be cemented bv the blood of its citizens neighboring Republics, with whom We Were State Department to settle their claims, and vhed in civil war. If it cannot live in the pwice. to deduct the amount of the Avoistail claims affections of the people, it must one day per In addition to these and other difficulties,. from the sums which they are entitled to re ih. Congress possesses many means of! we experienced a revulsion in monetary af- ceive from Spain. This offer, of course can preserving it by conciliation but the sword fairs, soon after my advent, proving cjf un- not be accepted. All oiher claims of citizetis was not placed in thiir hands to preserve it' exampled severity and ruinou conscquen- of the United States against Spain, or of the by force. But may I be permitted to sol ces to the country. When we take a letro- Qup«n of Spain against the United States in emnly invoke my countrymen to pause, and spect r.f what was then our condition, and i eluding the Amistad claim were by this Con deliberate before they determine to destroy contrast this with our material prosperity at! vention referred to a Board of Commissioners this the grandest temple which has ever been I the time of the late Presidential election, we dedicated to human freedom since the world have abundant reason to returc our grateful Amistad claim, or any other claim against began. It has been consecrated by the thanks to that merciful Providence which blood of our Fathers, bv the glories of the has never forsaken us, a« a nation, in al! our ^u^an claims, was recognized by the Conven past, and by the hopes of the future and trials. jtiop- Indeed the Spanish Government did th T'mim iiau nlr..wW mwla ii. «v,« not insist that the validity of the Amistad the l. has already made 11* the most, ovr foreign relations—c.heat bbitai*. prosperous and ere long will, if 1 Our relations with Great Britain aw rr eiaimsnoma oe it,as recognuea, Botwitnstana rm.,l .,c ., ., "riratn are ot mg its pavment had been recommended to nmverfnl n.ifinn on *Kn f«ro powerful nation on the face of the earth. mencement of my administration, the !wo *s hv mvself. and an appror-nation had passed In every foreign region of the globe the danjerotis questions arising from the Clayton the Senate of the United S'ates. They were title of American citizens is held in the high- ami Bnlwer treaty, and from the right of content tint it should be submitted to the est respect, and when pronounced in foreign search claimed by tha British Government, Board for examination like the other claims, lands it causes the hearts of our countrymen have been am:cablv and honorahl\ adjusted. Both Governments were bound respectively to to swell with honest pride. Surely, when The discordant constructions of ihe Cla\ n pay the amounts awarded to the several claim-i we reach the brink of the yawning md Bulwer treaty between th-- two Govern-j ants at such times and places as may be fixed abyss, we shall recoil with horror from the last fatal plunge. By such a dread catas'ro- cushion bore a threatening aspect, have re- ®nd tr*n«mitted by this Convention to the phe the hopes of the friends of freedom suited in a final settlement, entirely satisfac- Senate for their constitutional action. Onthe throught the world would be destroyed, and than eighty years would not only be lost, rancreinents with the Republics of Honduras P1*?* proceedings placed onr relations with but it would be quoted as a conclusive and Nicaragua in pursuance of the under- i proof thnf tnan 5^: nn(it cUndinir Knfannn «i*a IS IBOrP tflftn prohdbiC thftt & final that is unfit for self- standing between the two Governments.— It was nevertheless confidently expei that the good work would ere long be government. It is not every wrong, nay, it It was nevertheless confidently expected Adjustment of thes* claims will devolve npou is not every grievous wrong, which can jus that the good work would ere long be ac- i recommendation r„ o r, is to be found in the 5th article, pioviding our fellow citizens, and especially to those). *'fh the Empire of Austria and the remain for its own amendment. Under this article engaged in foreign commerce, that the claim I sed by two-' on the part of Great Britain forcibly to visit" 'ess, t.nd have and search American merchant vessels on the high seas, in time of peace, has been the clause prohibiting Congress from pass-. 1812. While it remained op n, thev might! satisfactory results. The treaty ofTiantain, ing any law respecting an establishment of at any moment have Wen precipitated into a religion, or abridging the freedom of speech war. This was rendered manifest by the ex- observed by ti.eChinete authorities. The Con or of the press, or the right of petition. To asperated state of public feeiiinr throughout vention of the^8th of November. ls 8,supple this we are also indebted for the bill of rights our entire country, produced by the forcible which secured the people against any abuse search of American merchant vessels bv satisfaction of the claims ot our ciiiiena to of power by the Federal (iovernment. Such British cruisers on ihe coast «jf Cuba in the referred to ia my last auniial pies*age, were the apprehens ionsjustly entertaim*l by spring of 1858. The American people hail- .R.6 Rearc'1 "r detention by the vessels or war of an^'0,ber I s&ft**tsdc YlM*^ OLD 1 w here it now exists, or may hereafter exist think our French naturalized icllow citizens admitted as States into tlo Union. «ith or nental powers will adopt the sau.e «i e and 1 tk-!bound gtate8 Tho8 reft80n lh® e''^er ^be most friendly character. ^,ince the c« m- Congress bv two of mv predecessor-", as well ments, which at diffennt periods of the dis- hy and according to the tenor of said (fwards, tory to this Government, ln my lastannu.il! °f Mav, 18C0, and on the 27th of the sue- cpedine _r i i. .• r.,. j. contained in mv annual message nf December, tity a resort to such a fearful alternative.— comph-hed. This confidence has since been loro .„ i .i,«» iaso This ought to be the last desperate remedy i fulfilled. Her• Britani- M^y^ conc'uded stitutiona means of conciliation had been vember. 1«.,1», and with Nicaragua on the q,, ,ion would contribute essentially to tha exhausted. We should reflect that under 28tli of Au-ust, 18f0, relinquishing the well-being and protperity of both eoantcini this free government there is an incessant Mo-quito Protectorate. Besides, by the for- i„ ebb and flow of public opinion. The slavery mer, the Bav Islands are recognized as a part means of immediatwlv abolishing the African question, like everything human, will have of the Republic of Honduras. clave trade, throughout the world. I would its day. 1 firmly believe that it has already It may be observed that the stipulations not repeat this recommendation upon the reached and passed the culminating point of these treaties conform in every important, present occasion, if I helieved that the trans itu if, in the midst of the existing excite- particular to the amendments adopted ferofCn^mto the United States, ntx»n eon niont, the Union shall perish, the evil may by tlieSena'eofihe U.S.to the treaty nclu'd ditions highly favorable to 8pain, cou'd justly then become irreparable. Congress can con- at London on the 17th October. '5f», between tarnish ihe national honor of the prond and tribute much to arrest it, by proposing and the two Governments. It will be reelected moment Spm monarchy. Surely no person recommending to the Legislatures of the that this treaty was rejected by the Bi iti-h «Ter attributed to the first Napoleon a diare several States the remedy for existing evils Government hecanso .if its objection to the Hftrd of the national honor of France, for which the ('onstitution has itself provided j"st and important am' ndini'ikt or the Senate transfen ing Louisiana to the United States for its own preservation. This has been to tle article relating to Runtnn and the oth 'or• ^*'r "J'dvalent, both la WIMJ aid tried at different critical periods of our his-1 er islands in the Bay of Honduras. It is a! ""re al advautages. tory, and always with eminent success. It source of sincere satisfaction to all classes of ai jtbta, 0f'the from s & nation. These orders mi:lit have dent Jiff rson by the House of Representa- i P"-iuced an immediate collision between Shanghai and Fuel, nav*| ™ws of ,thc twrt was rendered necessary to prevent a recur- was most fortunately-prevented by'an appeal claims of American oiiiiens at the various renee of the dangers which had seriously 'be justice of Great lritain, etui to the ports to this date. Debentures for this amowai the existence of the Government bws of nations, as expounded by tier own to-wit: 8o»i,000 tael« for Cantoa, lOn.OOO for during the pendency of that election. The most eminent juiists. The only question Shanghai, and 10l,000 for Fui'kou, w«r deliv* for its own amendment was intended *H5' i"lPort4,,^e *'hich still remains open ered according to the terms of U»e convention to secure the amicable adjustment of the 's disputed title between the two Govern- by the respective Chinese collectors of conflicting Constitutional questions, like the 10 present, which might arise between the Gov- cinity of Washington Territory, /is this our Miuister to receive the same. ernments of the Slates and of the United Suestiwn still under negotiation, it is uot States history call attention to a few setencc* in Mr. MaA ison's just y celebrated reiiort,in 1799 to'* priva'e character, *. This appears from contemporaneous advisable at the present moment to jested by ihe lioanl ef rv. In this connection, I shall merely niake au.v other a!luvion ttention to a few s'et*nce* in Mr \t.ri. i The recent visit of the Prince of Wales in 1 and co^hisively defended the resolutions of! fvent v **3 *r .*'«« SERIES* VOL. 12,N0.4 TCK.nS—«l,50,lu IdttBic. ia» to pror ct the rights of her natuiahzed •PAIS. Our relations with Spain are now ofa mora, complicated, though less dangerous character hltTe ,,wn cjlil!en8 m€nt 8er m. ar- arn.y. because tlipy had become American mr.'' Ifi any event, our Government is tuA WW 45*. Ufa for manv years |mTS ,Q held Our ,nd 00nt/nue ,0 holJ ijjfc* These have been ably urged for a iea of years bv our successive diplomatio 'e -j /iave ,0 kt!0 Rre high! v satisfuotorv to the usual form. Neither the validity of P*r|T' with the single exception of the -laim should be tl.ns recosniied notwithstand- June, they determined that they would n"' nr,d consent to its ratification.— S.pftin awkw"rJ an'1 t,on' more than probable that acquisition'of Cuba by fair' purchase ,n firmlv f„tnre time, as well as prove the certain c°rti.,,e",a' ot countries. This .hall o country h»s ,n 1,8 and sedition acts as palpable "and alarming With France, our ancient al infractions of the Constitution. In point-1 ly, our relations oontinue (o be of the most ing out the peaceful and constitutional rem-! friendly chaiacter. A decision has recently W gafcmd 4* oM» l|Wao —da Jodiciri Iwlwwpl, Island of Juan, in the vi- toms of i»«ose ports, to the a-ei.i selected by time Iheclaims of the subject. pointed for iha« purpo Mnrrh 'i 4 fit i f, 1 Jin* al Ui'l !l«d! tf i.ioU lua ,hftt an mc. »c. o t«T *%$$ r°*«rs ef Europe, including, ti,e abandoned. Ibis was by far the most dan-1 The friendly and peaceful policy pursued by grrous question to the peace of the two coun-1 the Governuieui ot the l"nit«?il titatus towards tries, which his existed since the war of, th* Kuipire of China, has produced the most °'lr relations «M.U&M W B0Bt friendly cl aracter. cuina. v :. r. j-i 'he 1^'h of-June, 180^, has been faithful If roe|"*ry it 'e this treaty tor iha adjustment and a're"dy w.as at *»»4 been carried into «ffeet, se far as nJerthis (onvenuou, the sum of 500,000 1 i 0 0 i lo be paid in satisfaction of the claims of Ameriean eiti/eus eut of the ons-fitih of the receipts, for toonage, import and export duties on Ameriean vessel*, al the por s of Canton, ou: and it was agreed that be in full liquidation of all 1 $ ,. j. hi a mmiS* c:-" ed. lS-^ and I to be an auspicious. •"ro**d^Ih^wi eV consequences, ft ^nn.,r f«,l 'hey amount to sum of $498.694,.* Taa Since that our uitiseos ha»e been ad CominiHaioaera aP* purpose, under the art of tbfir awards, which u to the people of this proved satisfactory to the olairaaiits. have been been satisfied, there will remain a surplus of, more than 00.ft0t) iu the disposition of Coa-, gress. As this will in equity belong to the, efrww »»1 A »»i xeiK teyift"