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PRESIDENT'S MESSAGE. I'i ' j i- 'it' th S Hutu and // >nsc <>/' l\' ]>n /ttuh'r'-s : T!\r ?ujrli >ui t!u? Vv'ar siuou our lust iuo<<(. ' II t;i" i-oiiutry h is \j ion oiiiiirntlv prosperous iii ;i!l it-* in it "'i ll interests Tin? u?mi) i i.i i i fi-.n ii" in:i u'i < tt ><?m i*\ Mli'nt. our harvests li iv.- Ik* m a1, i'i>l i it, mi l plonty sinihvs I t n . i' Hi t tin? I,ll; 1. Out" r i;ii.ni>r(V :i tl < I ft i mill liavo b pros 'cutctl whh on iT ry ;>n 1 iii ' fil l h:ivo violdi'il f;iir uixl j mu pi'.' " ir i . ! n .-liort, iii nation in the tii! .)!' tun lin ovor pivs.'itt'.'il u spoctni* I of i. >" in ti-.-! ' j'.i\?.:p.'rsty tls.sii w?? lia\ ? ilmi' until within -i v.?rv rvent n 'rind. IY\ !iv i- that *::.-s<*oiitout now so oxtcu^.vi'y p 'H ii!-, and th<> lrnion of th?* St i? s, w'.r :h i; t'i ouiv of all th?\so bh^xi:ij, thi' s' n 1 \v;'!? il <:riii'timi'! Tins ! )!1 >;-CDll: Ml! ' i II t ? ?? J.Ol'Ht <* illtOrfftfCllt ' of the NTthorn n >i>!is with the ijuextiou of ?! i \. i v ia t'. S > ithi ni hax lit h'njj'h ] ! !!- I!" I I'll 'ft -. 'IIh' ililV:MO!lt v: ! >:!- tlio I' :-?:i a iv mow aix.y ! against oanh n ami ihoti < Iv: airi\vd, so imu-h ihvuled (!: V i!her ni" his Country, when hostile j;t _s t: s ! . % heeu formed. 1 !'<! :i!i-i often fore" . -1 -lit ' >1" M of t lit' now I lllpeild t? r i,i!. r. - s not proceed solely tV in tin'( ' ii ' i tli'1 Mint of Congress or the t.mi i i '1 ! : ! if.'.res t-? exelude slavery from i.i t .: :: . .! >r Pr en t!io elfirts of lilt St it ! > il fe:it tiie i-\i'iMltio!) of th fujji'ive sl:,v law. \<1 or a:iy of these ...i *if linv. he -n eitdmvd by the South without >! :i:. V < > 'h I Hioit i is oth-MV have b ''Mi. i i i tin- hope t!i it time :m 1 reflection i.. i "" .... ;ui I..- i.. i ni- 'iy. i in* immcuiatc peril ;t - in>t. i 1:1 ni-!i from these eiuses IS from tlio 1 t that tin- incssant Mini violent limitation of the s!,;ve.y (|ii stion throughout the X irtli tor the l*i<t ou.irt 'r of :i century, luis it 1 11uth produced its malign infin ioo on the slaves, ami inspired them with vi'.ue noti >:is of freedom. Ileneo a sense ?<>f emit no 1 ii.'er exists around the family i'lfar This ie.Tuijr of penbe at home has j:ive:i pi . < to :i;<pr diesisions of servile insurrection. i iiiv i ni:i:ron throughout t!i * Smith retires : in : 111 dr.-i I of what may b'i'all horsi'li' ami li- . i-'iiMr i b !' ire tlio nitiruiu'j;. Soulil > '' - > i ?.!' .! >.:i >-:i - ilan-jror, wliotlit i' vil or i;n r.riii'iry, ;!c:i l ami intensify ; .rr l ' s'tall p -rvail t!i masses of tin. ni ] \ t'i?n ili union will becomo i'l -vl: ll'-pro;'rvatioii tlio lir-t law oi' n ;lu: ai: i his implantvd in the h- irt "I la in by his Creator for the wisest ; m l ii> i'-al I'liion. however r!it wit'T '.i! i! > an 1 IxMK'lits in all >>']: r ; ji mi i iii , continue it' the hoc> --;rv '.I 'i |. roiwl r th bourns 1 . ,,r >. ,.l. l. ir ?i... to it 11itbiMi illy and hop lossly insocitro.?, I'o / i'.' tli.' Kami* ot' siuj'i :? I' ii ion r..u-t 1> .*'vc it is lay onviction th.it this fatal ] :\nl hi- not yet arrived: ami my |>rayn;- t 11 -1 taat lit- would preserve th<> (' >11-15' !. 'ii iii tho I":iitin throughout all But lei . warnisiii' in timo, :aid r?'lnov the eauso of >| in-/ t. It cannot be ,5.Mr 1 I - 11 - ? ... t v.. ? i ?.* 11 i iiu iii > \k u > i nr . imitation :if i!?? North a^ain>t slavarv in t!to South ha:- btvn in?-'--=n?t. In ls->-> picioi^i! hand hill.-, and inll umuatory .mm? ' ?' _ c"ivii- <t' I o>:t "!isiv( v.lh>: ' ' "Ml '1. Mi* - ui u unariict'T rn o\?il >. I'm." ]ri-?iuiis of tho hiavi'.i ; a nl. in llic l.in-.vi i(Ion. .faid<son. "I i >; in til 'i t t'i':ii t i insif ction, and prod:"- .ii ('i * h.>iT )r- of a h ;r\ il? war."? a.'.. 11i >11 !?:: ? sinco boon c >:itiij. 11 ! hy (!\" Mibii.? pi'cs--, by tin; pro" v liuus ui' :t and c nmtv ('uiivoutiotH, and hy ;.h?.1;:^ . ..... ...'.! i.. ii11u htvI'll ! >. I Ii 11 MIC <>l t ' i. ..'I'r - is: - l'O/Ml r. .'Mlpiod ill violent >1)-H'lillr i !;i? )i< . iin!iu;_r subject ; and appeals in p ;:!.{>!:] * : n l other tonus, endorsed bv 'i-iii :i~i I ii .n's, h.ivo been s"iit 1'orth < in.-, i pi :ic. :i!:il spread broadcast iivri' the \ ii ion. i! iv \v .iiid it 1> > i'.r tlir? Ai'.ii-riean )" y' t > . ! ,?l:v.?ry 'i'1'.-ti in 1'orvor, . I t i ; -t ?ii' p.r.i ii".il h:.r;iii>ny to thi.s dis' .\IOt ^'<1 Onill. i . . e.x ' do it. All tint ; ' .... y j >> ii. i ? no ' 1 si J *; i -11 tl;o olijool, ;iii(l ' / : i I ' \ -i t t -11\. St ites have ever ) oo : ? I, i : i I? 1 :?!<?!i ;iik1 p*riuitt'd / I in: -i . tit. ir ! iii.st!tntions iii t!i ir / f.vn \\ iv. \s ?ver 11u' i S: it'-, they. and l!i 'V a! >i. . are r >i .!>]. i?< i"?.r?* (Jod and I!i ,. ); ! ! fir ('.: > s!.i?, \-y o-.istini; anion;* r'! :i I''or t.'. . t. ;i .pl.M.r tin; North aru is < !i) ' r ;i >n ' ' , and have no more ri ! i in! 'i'Tere, t]i:>n with i?ni 1.ir institutiu:i i.i I! ta . i in' in lira/.il. Ipm their i.j'l . - ' :.i. ! t r . * i o l'lirhiMianee I eon!' :i i .-till vivitly rely. Without their aid, i - I >: i tli.1 v. r of any I'rosin'tit, no tit ; w'i t ii. y li hi.- oWii political proelivi'ii-s, to iv-toro p mc and harmony aaionjr tii1 ' Wisely limited mid res- ; ir. i :ed :i> is his power, under our ('uiistitu- I lion and 1 w-', he alone can accomplish Imt ! 'tie, for L'nod or for evil mi aiicli t'J1IS u h >tio!l. Ami ilii- Lri:i/< imp to observe that the of :: i (, ic uf our fellow-citizpiis to lii oliiiv of I'rt -iijciit Tloos not of itsoll'afford just iMiisft for (lis.-olviiij^ tlies Inion. This is r. >; ospeci illy tru it' his election has I) ) eflfeet I by :i in re nlurality, ;unl not a majority, of tho people, ami lias resulted from transient aiul temporary causes, wlii.-li may probably inner apaiti oiseur. In on lor to justify a resort to revolutionary resist lime, tho I'Yderal ijovermnent must he irviiIfv of ' a ?1 !i 1 i<ili..l.l i ...i.. <1.111 itiiih exercise' ol' p<?W'T3 n<?t tjranted by tiic Constitution. Tin: hie presidential election, however, In 1) vMi held in strict conI'uMiiiy with ils e\pre~? provisions. Ilow. th mi, ean ihe result justify a revolution to destroy this very Con t it lit ion '( lleuson^ justice, a re^ird f>r the Constitution, all rcquir ; that w shall wait for some overt and d in jjor ms act o;i the part of the President (. loot before: r sorting to such a remedy. It. is siid, however, that the antecedents i of the President elect have, been sufficient to justify the fears of the South that lie will attempt , to invade the Constitutional! rights. liut are such apprehensions of < ?ntiiii:ctit 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 .mil Ifw? ?4 ' . .. , m.. i il< lllll.^L IICOesstrily h congorvnf.ivo. The stern duty of administering tlio vast and complicated coil* ' e rns of this govornineut affords in itself a ^ iru u\inteo that lie will not attempt any vio-, l;?tion of a clear constitutional right. After all, he in no more than tlio chief executive | officer of the Government. I[i? province is! not to make, but to execute tho laws ; and : it is a remarkable f;W ill nnV ?!. .? I k notwithstanding tlio repeated efforts on the hits over passed' Congress, unless we may possibly except tin; Missouri Compromise, imp:tiriii<;, in tlie slightest degroe, the rights of the South to their property 111 slaves.? Ami it may also he observed, judging from present indications, that no probability exists of tlie passage of such nn act, by a majority of both Houses, either in the present or tlif next Congress. Surely, under these eircvunstanees, v\e ought to bo restrained from present action by the precept of 11 iin who sp ike as never man spoke, that sufficient unto the day is the evil thereof." 'IM... .1 ... i in- u iv <ii rvii nny never come, unless wo j shall raslilv brim; it upon ourselves. it is ;i 11 < 1 a.s one cause lor immediate secession, that the Southern States are denied e?|ual rights with tlie other States in the e minion Territories. Ihif by what authority are they denied f Not hy Congress, which lias n< ver pa.-sed, and I belive never will piss, any act to ex :1 u 1 .slavery from the Territories; and certainly not hv tlie Supreme ('ourt, which has solemnly decided that slaves are property, and, like all other property, their owners h ive a rij^lit to take them into the common Territories, and huh! thf.n then; under th<' protection of the Constitution. Ho far. tlion, as Congress is eoucovncd the objection is not t > any thing they liave already <1. ii". l>nt to wliat they may do hereafter. It will surely he admitted that this ' apprehension* of future dinver is no good reason for an immediate dissolution of the I'nion. It is true that the Territorial legislature of Kansas, on the '-' >d of February, 18'tU. passed in great haste an act, over the vet > of t'i tiovernor, declaring that slavery " is, and shall be, forever prohibited in this 'iVrri11?rv " Ss*?-?1? ni? .*/.? ! . l.. ..! n\>i, nwn?\ii. | 11111 v violatin r the right* of property secured hy the Constitution, will surely he declared void hy the judiciary, whenever it shall he pre sen ted ill a l0",;i! form. 1 )tily three I'.iy.s after my iniUiLruratioii the Supreme Court of (lie I niteil States s olemnly adjudged that this power did not exist in a territorial 1 ;:sl;'tuiv. Vet sneh has heen the factious temper ot' the times that tir1 correctness of this deei.sion has heen intensively impugned before the people, aixl the question lia.s given rise to angry political eonlljpts throughout tlic country.? Thoso who liave appealed from this judjjmeut of out highest constitutional tribunal to popular assemblies, would, if they could, invest n territorial legislature with power to annul the sacred rights of property. This power Congress is expressly forbidden by the Federal Constitution to everci.se. Kvery Stat t Legislature in the I'nion is forbidden by its own constitution to exercise it. It c'.nnotbe exercised in any State except by the people in their highest sovereign cipac 1 try wit oil I mining or amending their State Constitution In like until lit!)*, it can only l?o exeivi - *d by tin; j>: <?j?lo of a Territory represented iu a Convention of Delegates fur tin; purport' of framing it (' 1:1 'lutiou preparatory to admission as a St it.; into the t'nion.? Then, ami not until thou, arc 11103 invested with power to decide the question whether slavery shall or shall not exist within their limits. This is ;*n act of soreroi^n authority, and ii >t 0!' subordinate territorial h-gv-Vition. Were it otherwise, then indeed would the equality of the plates in the Territories be destroy,' :d tjte rights of property 111 slave* "i.I>. depend, not upin the guarantees of th. <'oustitutiou, but upon the shifting inaiorities of an irresn.muM.I.* _ i t,v ' ritorial legislation. 8u h ;i doctrine, from its inslrinsio uiisouii'biess, cannot Jong influs?isy considerable notion of our people, much less can it nllord a good reason for a dissolution of tin; ! ui hi. The most ]> 11 j> 11?11 violations of constitutional duty which have ye! b.-on ommitted consist in t!i acts of different Slat ; I^ '_risl.itures to defeat the execution o'.' tin; fugitiv slave law. It ought to he remembered, however, that for these acts, neither Congress nor any IVesideut can ju.stlv be held r>-ii'iii1 lavinjr been passed in violation of the Federal Constitution, I hoy are therefore null ami void. All tin; Courts, both Stair; and national, before whom the <(ue.slioii lias arisen, have iVoni the beuiuninji dot-laved tin* fugitive .slave law to be oonstij ^utioiial. The single exception is that of a ' State court in Wisconsin; and this lias not only b >en reversed by tin; proper appellate tribunal, but has mot with such universal reprobation, that there can bo no din^r i (Voin it as a precedent. The validity of this law has been established over and over ajrain by the Supreme Court of the 1'nited States with perfect unanimity. it is found >1 upon an exprc.-s provision of t!i.? Constitution, roMUinnu: iiiit injritive slaves who escape IV mi service in one State to another shall bo delivered up" to their musters. Without this provision, it is a well known histiricnl lact that the Constitution itself could n -ver | have been adopted by the Convention. In one form r other under the acts of I T> and 18.?0, both beint; substantially the srttnc, the fugitive slave law has been the law of the land from the d :ys of Wu-diinj*toii until the pres. ut. moment. Here, then, a clear ease is presented, in which it will bo j the tintv of thf! lo'-rt I'nui'im.i 1 - . I V.liv?l.lll | IIS It IlilM Id-oil iiiy own. to act with vi jor in cxccutiiijr this suprtiino law against t!i<! couHictmcnts dl' State legislatures. S!i?m!?l lio fail i-i the performance of this high duty, he will then have manifested a disregard of (ho Constitution and law/, to tin' throat injury of the peo- ' pie of nearly one-half of the States of the I *nioii. But are we to presume in advance that lie will thus violate his duty? This j would be at w.i with every principle of; justice and of Christianity. Let us wait fori the overt act The fugitive slave b.w lias 1 1); < ii carried into execution in every conies- j ted ease since tlie eoininenceinent of tlie j present administration ; though often, it is to he regretted with great loss and ineonve- j nionee to the master, and with eonsiderable cxpenso to the government. I.et us trust that the State legislatures will repeal uneon- ' stitutional and obnoxious enactments. I'nless this shall he done without, unnecessary delay, it is impossible for any human power to s.' .'0 the I "nion. The Southern States, standing on the ha sis of the. Constitution, have a right to demand this act of justice from the States of i the .North. Should it bo rofused, then the Constitution, to which nil tlio States arc parties, will have been wilfully violated by one portion of theni in a provision essoini:iI I the domestic security and happiness o! t!v remainder. In that 'event, the injured States, after having first used all peaceful and constitutional means to obtain redress, would be justified in revolutioary resistance to the Government of the Union. 1 have purposely confined my remarks to revolutionary resistance, because it has been claimed within the lust few ycirs that any 1 State, whenever this shall be its sovoriign will ami pleasure, may scccdu from the Union, in accordance with the Constitution, and i without any violation of tho constitutional j ri?r|)(s till* (ttlmr inniiilmvo I \ 1' !?/? ( Vkitfotln nicy. That as each became parties to the ' I'nion 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 constitu- [ tional remedy, it must be on the principle that the Federal (iovernment is a mere voluntary association of State, to be dissolved at pleasure by any one of the contracting parties. If this bo so, the Confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave <>t 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 I 'nion, without responsibility, whenever any sudden excitement might impel them t > such a course. I?y this process a Union miirht lie 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 :ss v.'"" as tho. character of fho federal Constitution. Afterit was framed, with the greatest deliberation and cure, it was submitted to conventions of tho 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 (lovernmcnt dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of tin' instrument there was no foundation for such apprehensions. In that mighty struggle between the lirst intellects of this or any other country, it never occurred to any individual, either among its opponents or advocates, to assert, or oven to intimate, that their efforts wore all vain labor, because the moment that j any State felt herself aggrieved she might secede from the I Dion. What a crushing argument, would tiiis have proved against those who dreaded 'hat 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 j Federal (lovernnient that such a proposition was lirst advanced. It was then met and re nit oil l>y the conclusive arguments of tjicncral Jackson, who in lii.s message of Kith .January. IS;',:}, 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 til will, and without the consent of tho other States, from their most solemn obligations, and hazard the liberty r.ml happiness of the millions composing this I nion, cannot be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the (Sencral (iovernmeut is constituted and to the objects which it was exuresslv I J for moil to att'iin. ' I It is not pretended tli.it any clause in tlio j Constitution gives countenance to such a the- j 1 ory. It is altogether founded upon inference, I not from any language contained in the instru\meiit itself, hut from the sovereign eharac*,^ol' the several States Y>y SvTS raTilied. Hut i< it beyond the power ?,f n State, like an individual, to yield a portion, of his sovoiVign rights to secure the remainder'{ In the latiguago of Mr. Madison, who has heen called j the father of t '?< Constitution: "It was formed by the States?that is, by the people in eaeli of tin* States, acting in their highest sovereign eapaeity ; si;i< 1 formed consequently 1 iV tli" .s um' authority which formed tlie State | (!onstitut ions." j ' Nor is tin- (Jovernmeut of the I'nitcd! Slates, created by tbe ('onstilution, less a ' (iovcruiuent in the strict sons ' of the term, ! within (lie sphere of its powers, than tin1 i (iovermucnts created by the (\mtitutioiis of, ( the States are, within their several spheres.? j It is, like lliein, organized into legislative, ex- | i eeutive, ami judiciary departments. It op-I crates, like tliem, directly on nersons mirl tiling; ; ami, like them, it lias at command a .physical force for ex<vntin<; tho powers com- ! milt *?1 to it." it was intended to be porp'-tud, ami not to ! be annulled at the pleasure ?ii' any one of lite , eontraclinir parties. The ohl articles of eon federation were entitled ' Articles of ('onfedcru- | tionand I'c.rpetual 1 oion between the States;" and by the 18th article it is expressly declar c( i it til t " t iti? articles of this ('onfedcration slril! I) inviolably observed l?v every State, | aii'l the I 11i>j11 shuilbc perp.'tu il." The pre- j amble to the Constitution of the 1'nited States, lrivinu express reference to the arti- i eles of Confciler.itioii, recites tli.it it was established " in order to form a more perfect i union." And yet it i< conceded that this! more perfect union " do \s not include the essential attribute of perpetuity. I>111 that the I 'nion was designed to be perDCtllal iiiinrtnr?f nmw.l *' , - ? v?iivih."iu-i^ i rum ine 11 at ore , a id < xt< i?t of ilic powers conferred the 1 ("(institution on the Federal (iovernment.? 1 These powers embrace the very highest attri- ] butvs of national vcreignty. They place both the sword and the purse under its con- ' t>1. Congress h is power to make war, and to make peace; to r.jise and support armies and navies, ami to conclude treaties with foreign governments!. It is invested with the power to coin money, and to regulate com- ' merce with foreign nations, and among the 1 several States, it is not necessary to onuine- i ran- me omcr nigli powers which have boon I conferred upon tho Federal Government. In order to carry tho enumerated powers into effect , Congress possesses the exclusive right I to lay ami colloct duties on imports, and in coniinou with the States to lay and colloct all other taxes. But the Constitution has not only eonferr- j cd these high powers upon Congress, but it | lias 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; mako any-j thing but gold and silver coin a tender in , "I" - .... - u. iiuuis , jja8.i any Dili ot attain- ' dor. r.r /tout facto law, or law impairing the obligation of contracts." Moreover, " with- i out the consent of Congress, no State shall lay any imposts or duties on any imports or exports, except what may be absolutely nee- 1 cssary for executing its inspection laws and, if they cxeccd this amount, the excess j cl.oll K?l i.'L.IT-!. . ... ......i. uuivu^ hi mo uniica mates. And " no State shall, without the consent l of Congress, lay any duty of tonnage; keep troops, or ships of war, in time of peace; en- j tor into any agreement or compact with an- 1 other State, or with u foreign power; or en- 1 gage in war, unless actually invaded, or in ' such imuiiucrt danger as will not admit of delay." \ \ Ill order still further to securo the Uninterrupted exercise of those high powers against State interposition, it is provided" that | this Constitution and the laws of the United States which shall bo made in pursuance thereof: nml nil iriviiina .?< ?K..ll bo made, under the authority of the United States,shall be the supreme law of the land; and the judgos in every State shall bo bound j thoroby, anything in the Constitution or laws ! of any State to tho contrary notwithstanding." j The solemn sanction of religion has been superadded to tho obligations of official duty, and all senators and representatives of the I I'nitod States, all members of State legisla- I tures, and all executive and judicial officers, "both of the I'nitod States and of the soveim! Strifes, shall bo bound by oath or affirmation to support this Constitution.'' I 11 Ol'dcr to oarrv into i-fT.'ct thpRO nnwnr? - J -? -I ?' the ('(institution lias established a perfect (Jovermnent in all its forms. Legislative, ICxeeutive and Judicial; and this (loverninent to the extent of its powers, acts directly upon the individual citizens of every St.ito, and executes its own decrees by the agency of its own odicers, in this respect it differs entirely from the. loverninent under the old Con- ; federation, which was confined to making requisitions 011 the States in their sovereign character. This left 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 : v : V 1 << > * i.-.urn ii,v, unn nili ricr, inm 111 oruer 10 lutm a more perfect I'oion," to establish a(!overn- ! moiit which could net directly upon the pen- j pie, ami execute its own laws without the in- | tcruicdiutc agency of the States. This has j heen accomplished hy the Constitution of the | I "nited States. In short, the (! /v. rntnent created hy the j Constitution, and deriving its authority from the sovereign people of each of the several States, has precisely the same right to exer- j cise its power over the people of all these j States, in the enumerated eases that each one oi mcni possesses over subjects not delegated ! to tho United States but ' reserved to the States, respectively, or to the people." To the extent of the delegated powers, the Constitution of the 1'uited States is as much a part of the Constitution of caeli State, and is as binding upon its people, as though it had boon textually inserted therein. This Government, therefore, is a great and I powerful Government, invested with all the | attributes of sovereignty, over the special sub- ' jccts to wlileh its authority extends. Its fra- [ tiers never intended to implant in its bosom ! tho seeds of its own destruction, nor were j they at its creation guilty of the absurdity of providing for its own dissolution. It was not intended by its framors to be the baseless fab- j ric of n vision which, nt the touch of tho en- j . hanter, would vanish into thin air, but a sub- | slautial and mighty fabric, capable of resist- I ing t!u- slow decay <?f time and of defying 1110 storms of ages. Indeed, well may the jeal- | ous p it riots of that day have indulged fears , that a government of such high powers might violate the reserved rights of the States, and i wisely did they adopt the rule of at.s/V'.Vf. CC?" struct ion oj v-i .> prevent tho danj-'v'A' . Hut they did not fear, nor had they any reason to imagine, that the Constitution , would ever be so int 'rpretcd as t i enable any ! State, by her own act, and without the con- i sent of her sister states, to discharge her poor n i>iu Hum iui ?M juiv <?( moif l'ouerai volutions. : It limy be nsked, then, are tho people ot' ! tlie States without redressngainst the tyranny I and oppression of the Federal (lovernment 1 I?y no means. Tlie right of resistance on the part of the governed against the oppres- j sion of their governments cannot be denied, it exists independently of all constitutions, i and has been exercised at all periods of the world's history. I'uder it old governments , have been destroyed, and new ones have ta- ; ken their place. li is embodied in strong j and express language in our own Declaration ! (if I ndenendeuec. tlowli<?ii.n?;,... over bo observed, tliat this is revolution 1 against an established (!overninent, anil not | a voluntary accession from it by virtue of an j inherent constitutional riirht. In short, let j us look the danger fairly in the face: Seces- I sion is neither more nor less than revolution. ' It may or it may not be a justifiable ivvolu- j (ion. but still it is revolution. What, in the mean time, is the responsibil- j ity and true position of the Kxecutive? lie : i.-s omnia oy solemn oatli hi*fore (Jod and the , country "to take care that tin- laws be faith-* fully executed." and from this obligation lie i cannot bo absolved by any human power.? . 'bit what if the performance of this duty, in j : whole or in part, lias been rendered impracli | ; cable by events over which lie could have ex- j i ercised 110 control ? Such, at. the prcsant mo- 1 inent, is tin; case throughout the State of South Carolina, so far as the lawsof the Irnitcd I States tosccure the administration of Justice, by means of the federal Judiciary, are con- I ucmuu. mi me rcderal oHieers within its ] limits, through whose agency alone those I 1 iws can ho carried into execution, haveal- < ready resigned. We no loriger have a Dis- i friet. .Jud ire, a District Attorney, or a Marshal, i i:i South Carolina. In fact, the whole ma- 1 chinery of the Federal (Jovernment, necessa- | ry for the distribution of remedial justice among the people, has been demolished ; and i it would be difficult, if not impossible, to re- I place it. i ( The only acts of Congress on the statute- : ] hook, bearing upon (his subject, arc those of j 1 the 28th of February, 17!);"), ami "><! March, ; < 1807. These authorize the President after I I he shall have ascertained that the marshal with i bis /)f)sxr. comi/ittitx is unable tq execute civil i or criminal process in any particular case, to i call forth the militia and employ the uruiy and < navy to aid him in performing this service, ; t having first by Proclamation commanded the i i insurgents " to disperse and retire peaceably t to their respective abodes, within a limited 1 time." This duty cannot by possibility be 1 performed in a State where no judicial au- \ thority exists to issue process, and where f there is no marshal to execute it, and where, i even if there were such an officer, the entire | population would constitute one solid combi- j i nation to resist him. 1 The bare enumeration of these provisions 1 proves how inadequate they a-e without fur i 1 1 ther legislation to overcome a united opponi- j tion in a single Stnto, not to sjiciik of other | j States who may place theniselves in a similar j t attitude. Congress alone has power to do- i I cide whether the present laws can or cannot I j be amended so ns to carry out more effectual- j c ly the objects of the Constitution. : * Tlio same insuperable obstacles do not 'lie j t in the way of executing the laws for the col- c lection of the customs. The revenue still t continues to bo collected, ns heretofore, jc. the 1 custom-house in Charleston j and should the t collector unfortunately resign, a successor may < bn nnr?rttntr?r1 (n ?1.!~ ? ( *v |/viiviiii vnin UUtJ'. Then in regard to thopropcrty of the U"i- | < ted States iu South Carolina. Thi? has bccq * purchased for a fair equivalent, " by the consent of the legislature of the State," " for ihe election of forts, magazines, arsenals," See., and over theso tho authority " 10 exercise exclusive legislation " has been expressly granted by tho Constitution to Congress.? It is not believed that any attempt will bo made to cxpol tho 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 right fully rest upon the heads of the assailants. Apart from the execution of the laws, so far as this may bo practicable, the Executive has no authority to docidc what shall be the relations between the Federal Government and South Carolina, lie has been invented with 110 such discretion. He possesses no power to change the relations heretofore existing between thorn, much less to acknowledge tlio im?(?noinlniw>i? nf tli!il Stntn 'I'liSo wr.itt.l be to invest a mere Executive officer with the power of recognizing tho dissolution of tho Confederacy among our thirty-three sovereign States. It bears no resemblance to the recognition of a foreign <h\fwto government; invo' 'ing no such responsibility. Any aftem, do th.is would, on his part, be a naked .c )f usurpation. It is, therefore, my duty to submit to Congress the whole question in all its bearings. The course ??f 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, k> compel a State to remain in the I'nion. I should fct! myself recreant to my duty were 1 not to express :in opinion on this important subject. The question fairly stated is : I las the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has " ually withdrawn from tbo (Confederacy? If answered in the affirmative it must bo on the principle that the power has been conferred upon Congress to deelare'nnd make war against a State. After much serious reflect ion I have nrrivcd at the conclusion that no such power h is been delegated to C ingress or to any other department of the I'Ydoral <Jovcrnnicnt. It is manifest, upon an inspection of the Constitution, that this is ndt anions* the specific ami enumerated powers granted to Congress: ami 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 ]iower having heen delegated to ('ongress, it was expressly refused by the convent'on which framed the Constitution. It appears, from the proceedings of the hody. that on the iJlst .May. 17S7. 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. I To observed : " The use of force against a State would look more like a declaratioii of war than an iuflictio.i of punishment; ami would probably be considered by the party attacked as " 'Jissolution of all previous compacts by which U n.'.-U boun.l." I'pon his motion the clause was unanimously pA'V.^Uy'?. ..v.n-i, i miii-vt', iijiiiin presented.? Soon afterwards, on the 8th of dune, 1787, when incidentally adverting to the subject, ho said: "Any (lovernnient for tho I'nited St ites, formed on the supposed practicability of lining force against tho unconstitutional proceedings of the State, would prove as visionary and fallacious as tho government of Congress," evidently meaning tho tlicn existing Congress of the. old Confederation. Without descending to particulars, it may i.~ ?..r i i in? Miviy leu mat (in; power to imike war against a Statu is at variance with tlio whole spirit ami intent of tlio Constitution. Sup pose siu li a war should result in the conquest of a State, how are we to govern it afterwards ? Shall we hold it as a province, mid govern it by despotic power? in the nn'uro of things we would not, by physical force, control the will of the people, and compel them to eleet senator nnd representatives to ('oncress. ami to perform till the other duties depending upon their own volitioii, and required from the free citizens of a free S(;ito as a constituent member of the Confederacy. Dut if we possessed tliis power, would it he wise to exercise it under existing eircumccs ? The object would doubtless preserve the Union. War would not only present the most effectual means of destroying it, but would banish all hope ot its peaceable reconstruction. H,'sides, in the Internal conflict vast amount of blooil and treasure would be expended, rendering future reconciliation between the States impossible. In the meanlime, who can foretell wh it wmilrl o.r forings and privations of tin: people during its existence'( The fact is, that our Union rests upon public opinion, and can never be ccmcmtcd by the blood of its citizens shed in civil war. If it snnuot 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 :? i... r . - j/i rnt-i vu it i?y lorcc. I>ut may 1 be permitted solemnly to invoke my countrymen to p:iuse and deliberate, before they determine to destroy this, tho grandest temple which has ever been dedicated to human freedom since the world began? It las been consecrated by the blood of our fathers, by the glories of the past, and by the lopes of the future. The Union has already nade us the most prosperous, and, ere long, ivill, if preserved, render us the most powerful lation on the face of the earth. In every foreign region of tlio globe the title of American Mtizon is held in the highest respect, and ?hen pronounced in a foreign land it causes Ka ? * .... ..v<?Ki ui iiui uouiurynien 10 Bwnil with lonest pride. Surely when we reueh the jrinlc of the yawning abyss, wc shall recoil ivith horror from the lust fatal plunge. Jly meh a dread catastrophe the hopes of tlie Yiendsof freedom throughout the world would jc destroyed, and a long night of despotism vould enshroud the nations. Our example or more than eighty years would not only bo ost, but it would bo quoted as a conclusive jroof that man is unlit for Kclf-govcrnment. it is not every wrong?nay, it is not every grievous wrong?which can justify a resort o such a fearful alternative. This ought to )0 the last difpcrate remedy of a despairing people, after every other constitutional means >f conciliation had been exhausted. We tliould reflect that under this free Government hero is an incessant ebb and flow in public >pinion. Th? slavery question, like everyhing human, will have its day. I firmly boicvo that it has already reached and passed he culminating point, But if, in the midst >f tho oxisting exoltemont, tho Union shall >orish, the cvii may then bccomc irreparable. JongrcM can contribute much to avert it by ' 1 IIIIH" iMMMifnimnii proposing nail recommending to the le^isla- I turcs of the Hcvoral States tin? remedy for existing evils, which the Constitution has itself provided ft" Its own preservation. This has been tried at different critical pc- B riods of our history? and always with eminent \l | success. It is to bo found in tho 5th arti cle providing for its own amendment. I nder MH tliis nrticlc 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 ha to h consequently beeome 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 of abridging the freedom of speech or of the press, or of tho right of petition.? To this we arc, also, indebted for the Bill of H lligbts, which secures the people against any abuse of power by the Federal (Jovcrninent. Such were the apprehensions justly outer tainod by tile friends (>r State rights at that period, i?s to have rendered it extremely doubtfill wliethor the Constitution could'have long survived without, these amendments. Again, the Constitution was amended by the same process after the election of President Jefferson by the House of Uepresentatives, in February, ISO:}. This amendment. was rendered necessary to prevent a recurrence of the dangers which had seriously threatened J the existence of the (iovcriiiiienl during the I pendency of that election. The article for its own amendment was intended to secure the i amicable adjustment of conflicting constitationalt|UCStions like the present, which might ] arise between the jrovernments of the States I and that of the United States. This appears from contemporaneous history. In this con| nection, I shall merely call attention to a few sentences in Mr. Madison's justly celebrated ir-no ' " " " mi i (?(>, in i iiu luitiMtuurc <>i \ irpinia. Td this lio ahly and conclusively defended the I resolutions of tlio preceding legislature against the strictures of several other State Legisla' tures. These wore mainly foundt ' opon the protest, n! the \ ir; legislature against the ^yHH " Alien and Sedition Acts," as " palpable and ! alarminp infractions of the Constitution." I In pointing out the peaceful and constitu- j 1 tional remedies, and he referred to none other, I to which the States were authorized to resort, H on such occasions, he concludes hy saying, "that the legislatures of the States might j| have mndc-a direct representation to Congress fl| | with a view to obtain a rescinding of the two I offensive acts, or they might have represented til tln>ir VOdnfi'tii-n Kmmt.ii'o _ - . % ? 111 ? wii?ium nifir I Hjj wish that t wo-thirds thereof would propose nil H I explanatory amendment to too Constitution, I or two-thirds of themselves* it" such luu] been i their option, might, by an iipplication to Conj press, have obtained a convention for the same 1 object." This is the very course which T earnestly | recommend in order to obtain an " explanatory nmendment " of the Constitution on tho j subject of slavery. This might originate with | Congress or the State legislatures, as maybe ' deemed most advisable to attain the object. ^ The explanatory amendment might ho' I lm ..( it? i con | ....... ..?. ?? n ill W1 IIIU .struction of the Constitution on ,Vc(> sp *'"''j express recognition o ... ? : u^jm<?\ V]r,tnr m m property in slaves in t'wir^K'^vlo're it now exists or may hereafter exist. ? hM i 2 The duty of protecting this right in all t!s<^ common Territories throughout their jfl ; territorial existence, and until they shall lu> admitted as States into the I'nion, with ( or without slavery, as their constituents may prescribe. J>. A like recognition of the right of the flj , master to have his slave, who has esciped j from one State to another, restored and ' de| iivered up" to him, and of the validifv of | tho Fugitive Slave Law enacted for this I purpose, together with a declaration thai all , Stato laws impai'ini; or defeatiu;: this right M j aro violations of tho Constitution, and aro . consequently null ami void. It may Dy objected that this construction | of the Constitution has already been settled j by the Supreme Court of the I'uited States, H . and what more ought to be required ? The j answer is, that a very large proportion of tho : people of the I'nitcd States still contest tho Jfl correctness of this decision, and never wilf _Jh | eease from agitation and admit its binding j force until clearly established by tho peopleof flu* Cf?vor?Vl ? . *1"'" ... *? ??.-. xi mi-ir Nuvereicn enari aeter. Such iin explanatoryamendment would, it is believed, forever termiiinte the existing dissensions nnd restore peace and harmony among the States. ft ought not to he douhted that such an H appeal to the arbitrament established hy tho j Constitution itself would he received with H i favor hy all the St.ite.sof the Confederacy.? 11 I In any event it ought to he tried in a spirit i of conciliation before any of these States shall fll I separate themselves from the Union. VH When f entered upon (he duties of the- H Presidential office, tlie aspect neither of our foreign nor dmncstio affairs was at all satisfactory. We were involved in dangerous complications with several nations, and two B of our Territories were in a state of revolution against the (lovernnient. A restoration of ,H the African slave trade had numerous and \ng powerful advooates. Unlawful military expeditions were countenanced hy many of our citizens, and were suffered, in defiance ! of the efforts of the (Jovernment, to escape; from our shores, for the purpose of makingj war upon the unoffending people of neiirh- iW i Dorm" republics with whom wo uro at peace* In addition to these nnd other dilllcultit s, ? wo experienced a revulsion in monetary af- H fairs, soon after my advent to power, of unexampled severity and of ruinous consequen- H cos to all the great interests of the country. . 9m When wo take a rotrospcot of what was thcr? our condition and contrast this with its material prosperity at ilio time of the late Pfcnidential election, we have abundant reason to jgB return our ureatful thanks to i.imt Providence which Iuih never forauken us an. a nation in all our past trials. 'J - 1 "t / THE STATE OF SOUTH CAROLINA*, '{ ( I'lCKKMH?IN OBUINAHT. f^\ | James UogcrH, Adm'r, ) 1Vt,llon for ?ettlJW I ' l< i r., i i i iuoui. jjw* ' i Kdwanl Holers, ct.nl. ) M IT appearing to roy sat in fact I on Ihfct Tempera nMR Aj ft McW hotter. John McW hurt et, Hugh ltogc^B m K ' Prudence Drcnnnn, KUendwr Koldnson, an.1 the 1.1 law or John Kogers, tJeccnsed. litanies and nii|W-^fc>' bor unknown,) defendant* in litis cose, venule wi|l?- JNL out the limits of this State: It is orddrcd. thsrc-^H fore, thnt the said absent defendant* do appoar irj? tlio Court of Ordinary, to be holdcn at I'ickens CJH H., on Friday the 8th day of February next, to sht>4K? cause, if any they can, why ? Dual sottloment of^ft tlio Kstate of Juries Ilogevn, senior, deceaneo JB should not be made on that day, and a doorc6 ImaH thereon; also, to render tflelr advancements, nnaH rooeivo their dtotributir* shares in said KsUt*. Afi y \Y. K. HOLGOMHE, o.pjd. UB Ordinary's p*lce, l>v:t 20, 18(10 Ste j L