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THE PRESIDENT'S MESSAGE.
wisdom, for Thou givest it to all men liberally, and upbraideth not. While we trust that they pray for themselves, we here also pray for them. Let Thy holy spirit be granted unto them, and grant that they may speedily see what is exactly right for them to do, and grant them grace to do it, and to fully understand the position in which they are placed. We thank Thee for this bright and beautiful morning for the assembling of the two Houses of Congress. We pray that Thy blessing may rest on the VicePresident, and upon every Senator in his place; upon the Speaker of the House, and upon every member in his place. We rejoice to learn that they see their responsibilities, and that they feel their responsibilities, and that many of them are looking toward Thee for counsel and direction. O Lord, our God! let Thy own presence subdue every heart, every mind; and sanctify all actions to Thy own glory, and the greatness of our whole people. And O, grant that we may still live in peace and harmony in this blessed Union."
The President's Message was read on the 4th to both Houses. As it is the first communication from the Executive canvassing the great issue before the country, of a right of a State to withdraw at pleasure from the Union to become a foreign State, we are constrained to give all that portion of the Message relating to the question of secession. It is as follows:
"Fellow-Citizens of the Senate,
and House of Representatives:
"THROUGHOUT the year since
The President's Mes- 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 pienty 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
The President's Message.
often forewarned my countrymen of the now impending danger. This does not proceed solely from the claims 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 reflec tion 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 insurrection. Many a matron throughout the South retires at night in dread of what may befall herself and her children before the morning. Should this apprehension of domestic danger, whether real or imaginary, extend and 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 Consti tution and the Union throughout all generations.
"But let us take warning in time, and remove the cause of danger. It cannot be denied that, for five and twenty years, the agitation at the North against Slavery in the South has been 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 Gen. Jackson, 'to stimulate them to insurrection, and produce all the horrors of a ser vile 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.
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 har mony 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 transcient 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 guarantee 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.
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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 Anti-Slavery 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 the 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 never man 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 of 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 the 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
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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 cannot be exercised in any State except by the people, in their highest sovereign capacity, when framing or amending their State Constitution.
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my own, to act with vigor in
to save the Union.
"The Southern States, standing on the basis of the Constitution, have a 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 wilfully 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 aud constitutional means to obtain redress, would be justified in revolutionary resistance to the Government of the Union.
"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.rity. 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 Bovereign 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 right of property in slaves would depend, not upon the guarantees of the Constitution, but upon the shifting majorities of an irresponsible Territorial Legislature. Such a doctrine, from its intrinsic unsoundness, cannot 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. With out 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
"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 a 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
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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, while 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 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 16th January, 1833, transmitting the nullifying ordinance of South Carolina to Congress, employs the following language: The right of the people of a single State to absolve themselves at will, and without the consent of the other States, from their most solemn obligations, and hazard the liberty and happiness of the millions composing this Union, cannot 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 was expressly formed to attain.'
"It is not pretended that any clause in the Constitution gives countenance to such a theory. It is altogether founded upon inference, not from any language contained in the instrument itself, but from the sovereign character of the several States by which it was ratified. But is it beyond the power of a State, like an 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.'
The President's Mes sage.
"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 physic al force for executing the powers committed to it.
"It was intended to be perpetual, and not 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 13th 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, hav◆ ing 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 enume rated 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, 'without the consent of Congress, no State shall lay
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any imposts or duties on any imports or expos, 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 tunnage; 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 citizen 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 requisition. 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.'
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"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 cannot 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 revolu. tion, 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 cannot be absolved by any human power. But what if the performance of this duty, in whole or in part, has been rendered impracticable