The Sun. — London, England, 1860-12-19 00:00:00

THE PRESIDENT'S MESSAGE. The following appeared in successive editions of THE Sux of yesterday : Fellow citizens of the , Senate and House of Represen- tatives : Throughout the year since our last meeting, the country has been eminently prosperous in all its material intere sts. The general health has been excellent, our harves t s have been abundant, and plenty smiles throughout the lan d. Our commerce and manufactures have been prosecuted with energy and industry, and have yielded fair and amp l e returns. In short, no nation in the tide of time has ever presented a spectacle of greater prosperifv, than we have done until within a very recent period. Why is it, then, that discontent now so e xtensively pre vails, and the Union of the States, which as 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 be en formed. I have long foreseen and often forewarned my countrymen of the now impending danger. This does not proceed solely from the claim on the part of Congress or the territorial legislatures to exclude slavery from the ter ritories, nor from the efforts of different states to defeat the execution of the Fugitive Slave Law. All or any of these evils might have been endured by the South without danger to the Union (as others have been), in the hope that time and reflection might apply the remedy. The immediate peril arises not so much from these causes as from the fact that the incessant and violent agitation of the slavery question throughout the North for the last quarter of a century has at last given proof of 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 re tires at night in dread of what may befal 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 con tinue, if the necessary consequence be to render the homes and 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, th a t He preserve the Constitution 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, thi s agitation at the North, against slavery in the South has been incessant. In 1835 pictorial hand-bills, and inflammatory appeals, were circulated extensively throughout the South, of a character to excite the passions of the slaves ; and, in the language of General Jackson, "to stimulate them t 3 insur rec ti on, and produce all the horrors of a servile war." This agitation has ever since been con tinued 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, endorsed by distinguished names, have been sent forth from this central point, and spread broadcast over the Union. How easy would it be for the American people to settle the slavery question for over, and to restore peace and har mony to this distracted country. They, and they alone, can do it. All that is necessary to accomplish the object, and all for which the slave States have ever contended, is to be let alone, and permitted to manage their domestic institutions in their own way. As sovereign States, they 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 institu tions in Russia or in Brazil. Upon their good sense and patriotic forbearance I confess I still greatly rely. With out their aid, it is beyond the power of any President, no matter what may be his own political proclivities, to restore peace and harmony among the States. Wisely limited and restrained as is his power, under our Constitution and laws, he alone can accomplish but little, for good or for evil, on such a momentous question. And this .brings me to observe that the election of any one of our fellow citizens to the offioe of President does not of itself afford just cause for dissolving the Union. This is more especially true if his election has been effected by a mere plurality, and not a majority, of the people, and has resulted from transient and temporary causes, which may probably never again occur. In order to justify kresort to revolutionary resistance, the federal government must be guilty of a de liberate, palpable, and dangerous exercise of powers not granted by the constitution. The late presidential election, however, has been held in strict conformity with its ex press 'previsions. How, then, can the result justify a re volution to destroy this very constitution ? Reason, justice, a regard for the constitution, all require that we should 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 apprehension 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 this office, and its high responsibilities, he must necessarily be Con servative. The stern duty of administering the vast and complicated concerns of this Government affords to 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. His province is not to make, but to execute, the laws ; and it is a remark able fact in our history that, notwithstanding the repeated efforts of the anti-slavery party, no single act has ever passed Congressomlesswe may possibly except the Missouri Compromise, impairing, in the slightest degree, the rights of the South to their Property , in slaves. And it may also be observed, judging from present indications, that no pos sibility exists of the passage o f suc h 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 spake, 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 s denied 2 Net 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 appre hension of future danger is no good reason for an immediate dissolution of the Union. It is true that the territorial legis lature 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 for ever prohibited in this territory." Such act, however, plainly violating the rights of property secured by the constitution, will surely be de clared void by the judiciary whenever it shall be presented In a legal form. Only three days after my inauguration the Supreme Court of the United States solemnly adjudged that this Power did not exist in a territorial legislature. Yet such has been the factious temper of the times that the correct ness of this decision has been extensively impugned before the people, and the question has. given rise to angry politi cal conflicts through ou t th e country. Those who have ap pealed front this judgment of ou r highest constitutional tribunal to Popular assemblies would, if they could, invest a territorial legislature with power to annul the sacred rights 'of ,property. This power Congress is expressly forbidden ny Federal Constitution to exercise, Every State legislature in the Union is forbidden by its own constitution to exercise it. It cannot be exorcised in any State except 1)3 , th.e.people in their highest sovereign capacity when framing v 't amending their state con stitution. In like Tanner, it can only be exercised by the people of a territory r f e m p re " mt , e a d e t s a ti co tu n ti v o e n n p ti r e e n pa o! delegates for the purpose of m i i n ri f the Union. Th iele the to admission as a State and not until then, are they invested_ 4 wi*th per to decide the question whether slavery shall or shall notexist within their limits. This is an act of sovereign a u.wthon .. ty, and not of subordinate territorial legislation.. the State it ! Ak er _ wise, then indeed would the equality of Territories be destroyed, and the rights of property Constitution,ivalaves would depend, not up on the guarantees of th but upon the shifti ng ma j or i t i es o f an irrysp?ensible territo rial its legislature. Such a d oc t r i ne, f rom intrinsic unsound ness, cannot long influence any considerable portion of our people, much less can it afford a good reason for a dissolu • tion of the Union. The most palpable violations of constitutional duty which have yet been committed consist in the acts of dillerent state legislatures to d e f ea t t h e 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 viola tion 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 appel late tribunal, but has met with such universal reproba tion that there can be no danger from it as a prece dent. The validity of this law has been established over at !` i Ov er again by the Supreme Court of the United States with perfect unanimity, It is founded upon an express pro- vision of the constitution, requiring that fugitive slaves who escape from service in one state to another shall be " deli vered up" to their masters. Without this provision it is:a well-known historical fact that the con.stit al ion itself could never have been adopted by the convention. In one form or other, under the acts of 1793 and 1853, both being sub stantially the same, the Fugitive Slava Law has been the law of the land from the days of Washington until the present moment. Here, then, a clear case is pre sented, in which it will be the duty of the next President, as it has been my own, to act with vigour in executing the supreme law against the conflieting en actments of State Legislatures. Should he fail in the per formance of this high duty, he will then have manifested a disregard of the constitution and laws, to the great injury of the people of nearly one half of the States of the Union. But are we to presume in advance that he will thus violate his duty ? This would be at war with every principle of justice and of Christian charity. Let us wait for the overt act. The Fugitive Slave Law has been carried into execution in every contested case since the commence ment of the present Administration, though often, it is to be regretted, with great loss and inconvenience to the master,. and with considerable expense to the Government. Let us trust that the State Legislature will repeal their unconstitutional and obnoxious enactments. Unless this shall be done without ,unnecessary delay, it is impossible for' any human power to save the Union. ThelSouthern states, standing on the basis of the consti tution,' have a right to demand this act of justice from the states of ihe North. Should it be refused, they/ the const'- tution, to w:hich all the states are parties, w ill have 1 wilfully violattld by one portion of them in a pr 0748 b e en.o essential to the denestic security and happiness of the 17 . mainder. In that event, the injured states, after having first used all peaceful an d constitutional means to obtain redress, would be justifie, -I in revolutionary resistance to the Government of the Unioth I have (purposely confined my' remarks to revolutionary resistance, because it has been clairLied within the last two years that any State, whenever this sfran be its sovereign will and pleasure, may secede from the 'Won, in accordance with the Constitution, and without any Violation of the constitutional rights of the other members of the Confede racy. That as each became parties to the Union by the vote of its own people assembled in Convention, so any one of them may retire from the Union in a similar ma2lner 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 Confederation is a rope of sand, to be penetrated, dissolved by the first adverse wave of public opinion in any of the States. In this manner our 33 States may resolve themselves into as many petty, jarring, and hostile re publics, each one retiring from the Union, without respon sibility, whenever any sudden excitement might impel them to such a course. By this process a Union might be entirely broken into fragments in a few weeks, which cost our fore fathers many years of toil, privation, and blood to establish. Such a principle is wholly inconsistent with the history as well as the character of the federal constitution. After it was framed, with the greatest deliberation and care, it was submitted to conventions of the people of the several States for ratification. Its provisions were discussed at length in these bodies, composed of the first men of the country. Its opponents contended that it conferred powers upon the federal government dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehensions. In that mighty struggle between the first intellects of this or any other country, it never occur red to any individual, either among its opponents or advo cates; to assert or even to intimate that their efforts were all vain labour, because the moment that any State felt 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 endan gered 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, trans mitting the nullifying ordinance of South Carolina to Congress, employs the following language :—" The rights of the people of a single State to absolve themselves at will, and without the oonsent of the other States, from their most solemn obligations, and hazard the liberty and happiness of the millions composing the Union, cannot be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the general Govern meat is constituted and to the objects which it was expressly formed to attain." It is not pretended that any cause 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 it is beyond the power of a State, like an individual, to yield a portion of its sovereign rights as 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 constitu tions." "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 go vernments created by the constitutions of the States are, within their several spheres. It is, like them, organised into legislative, executive, and judiciary departments. It operates, like them, directly on persons and things; and like them, it has at command a physical force for execut ing the powers committed to it." It was intended to be perpetual, and net to be annulled at the pleasure of any one of the contracting parties. The old articles of confederation were entitled " Articles of Confe deration 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, having express reference to the articles of Confederation, recites that it was established "in order to form a 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 and 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 con clude treaties with foreign governments. It is invested with the power to coin money, and to regulate the value thereof, and to regulate commerce with foreign nations, and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Government. In order to carry the enumerated powers into effect, Congress possesses the exclusive right to lay and collect duties on imports, and in common with the States to lay and collect all other taxes. But the Constitution has not only conferred these high powers upon Congress, but it has adopted effectual means to restrain the States from interfering with their exercise. For that purpose it has, in strong prohibitory language, expressly declared that "no State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit - bills of credit ; make any thing but gold and silver coin a tender in payment of debts; pass any bills of attainder, ex post facto law, or law impair ing the obligation of contracts." Moreover, " without the consent of Congress, no State shall lay any imposts or duties on any imports or exports, except what may be abso • lutely necessary for executing its inspection laws ; and if they exceed this amount, the excess shall belong to the United States. And "no State shall, without the consent of Congress, lay any duty of tonnage; keep troops or ships of war in time of peace; enter into any agreement or compact with another State, or with a foreign Power; or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay." In order still further to secure the uninterrupted exercise of these high powers against State interposition, it is pro vided " that this constitution and tho 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 he 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 repre sentatives of the United States, all members of State legis latures, and all executive and judicial o fficers, "both of the United States, and of the several St a tes, 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 Govern ment, to the extent of ite powers, acts directly upon the individual citizens of every State, and executes its own decrees by the agency of its own officers. In this respect it differs entirely from the Government under the old confederation, which was confined to making requisitions on the States in their sovereign character. This re. left it in the discretion of each whether to obey or to ilionise' and they often declined to comply with such requisi ne. It thus became necessary, for the purpose of re upon the to this barrier, and "in order to form a more perfect Uni °n.' to establish • plished by a Government which could act directly people, and execute its own laws without the in termediate agency of the States. This has been accom astitution of the United States. In short, the ati v t e li r n o ta rit e v nt fr c o r m eate t d he by soN t , h er e ei C gn en p st e i o t p u l t e ion of , and deriving its exercise its power over th each of the several States,- has precisely the same right to each of all th ese St a t es , in th e e numerated cases, th a t of them possesses over subjects not delegated to the United States but " reserved to the States, respectively, or to I t t e po e v rple." part of he Constitution of People, as though it To the extant of the delegat e d the United States is as much a te attributes of a npowerful the constitution of each State, aid is as binding upon . its had been tertually inserted therein. therefore,with aii is a great ' d subjects in which its authority sovereignty over the specu Y extends. Its framers newer intended to implant in its bosom the seeds Government, Th is Governm ent, inveetd of its own destruction, nor were they at its creation guilt -4, of:the absurdity . of providing for its own disolution, It was not intended by its framers to be the baseless fabric of a vision which, a.t the touch of the enchanter, would vanish into thin air, but a substantial and mighty fabric, capable THE sulq, LONDON, WEDNESDAY EVENING, DECEMBER 19, 1860. tonal government established by Congress. A better spirit, however, seemed soon after to prevail, and the two parties met face to face at the third election, held on the first Monday of January, 1858, for members of the Legislature and State officers under the Lecompton constitution. The result was the triumph of the anti-slavery party at the polls. The decision of the ballot-box proved clearly that the party were in the majority, and removed the danger of civil war. From that time we have heard 'little or nothing of the Topeka Government; and all serious danget of revo lutionary troubles in Kansas was then at an end. The Lecompton constitution which had been thus recog • nised at this State election by the votes of both political parties in Kansas, was transmitted to me with the request that I should present it to Congress. This I could not have refused to do without violating my clearest and strongest convictions of duty. The constitu tion, and all the p rocee di ngs which preceded and followed its iormation, were fair and regular on their face. I then believed, and experience has proved, that the interests of the people of Kansas would have been best consulted by its admission as a State into the Union, especially as the ma jority, within a brief period, could have amended the con stitution according to their will and pleasure. If fraud existed in all or any of these proceedings, it was not for the President, but for Congress, to investigate and determine the qftestion of fraud, and what ought to be its consequences. If, at the two first elections, the majority refused to vote, it cannot be pretended that this refusal to exercise the elective franchise could invalidate an elec tion fairly held under lawful authority, even if they had not subsequently voted at the third election. It is true that the whole constitution had not been submitted'to the people, as I always desired ; but the precedents are nume rous of the admission of States into the Union without such submission. It would not comport with my present purpose to review the proceedings of Congress upon the Lecompton constitu tion. It is sufficient to observe that their final action has removed the last vestige of serious revolutionary troubles. The desperate band recently assembled, under a notorious outlaw, in the southern portion of the territory, to resist the execution of the laws and to plunder peaceful citizens, will, I doubt not, be speedily subdued and brought to jus tice. Had I treated the Lecompton constitution as a nullity and refused to transmit it to congress, it is not difficult to imagine, whilst recalling the position of the country at that moment, what would have been the disastrous conse quences, both in and out of the territory, from such a dere liction of duty on the part of the Executive. Peace has also been restored within the territory of Utah, which, at the commencement of my Administration, was in a state of open rebellion. This was the more dan gerous, as the people, animated by a fanatical spirit and entrenched within their distant mountain fastnesses, might have made a long and formidable resistance. Cost what it might, it was necessary to bring them into subjection to the Constitution and the laws. Sound policy, therefore, as well humanity required that this object should, if possible, be accomplished without the effusion of blood. Thi s could only be effected by sending a military force into the territory sufficiently strong to con vince the people that resistance would be hopeless, and at the same time to offer them a pardon for past offences on condition of immediate submission to the Government. This policy was pursued with eminent success ; and the only cause for regret is the heavy expenditure required to march a large detachment of the army to that remote region and to furnish it subsistence. Utah is now comparatively peaceful and quiet, and the military force has been with drawn, except that portion of it necessary to keep the Indians in check and to protect the emigrant trains on their way to our Pacific possessions. FINANCES. In my first annual Message I promised to employ my best exertions, in co-operation with Congress, to reduce the expenditures of the Government within the limits of a wise and judicious economy. An overflowing treasury had produced habits of prodigality and extrava gance which could only be gradually corrected. The work required both time and patience. I applied my self diligently to this task from the beginning, and was aided by the able and energetic efforts of the Heads of the different Executive Departments. The result of our labours in this good cause did not appear in the sum total of our expenditures for the first two years, mainly in consequence of the extraordinary expenditure necessarily incurre i in the Utah expedition, and the very large amount of the contin gent expenses of Congress during this period. These greatly exceeded the pay and mileage of the members. For the year ending 30th June, 1858, whilst the pay and mileage amounted to 1,490,214 dole, the contingent ex• penses rose to 2,093,309 dole 79c, and for the year ending 30th June, 1859, whilst the pay and mileage amounted to 859,093 dols 66c, the contingent expenses amounted to 1,431,565 dols 78c. lam happy, however, to be able to in form you that during the last fiscal year ending on the 30th of June, 1860, th e t o t a l expen di tures of the Government in all its branches—legislative, executive and judicial —ex clusive of the public debt, were reduced to the sum of 55,402,465 dole 46c. This conclusively appears from the books of the Treasury. In the Year ending on the 30th June, 1858, the total expenditure, exclusive of the public debt, amounted to 71,901,129 dole 77c , and that for the year ending 30th June, 1859, to 66,346,226 dole 'l3e. Whilst the books of the Treasury show an actual expendi ture of 59,80,474 dole 723 for the year ending on the 30th June, 1860, including 1,040,667 dole 71c for the contingent expenses of Congress, there must be deduct e d f rom t hi s amount the sum of 4 , 296,009 dole 26c, with the interest upon it of 150,000 dole, appropriated by the act of 15th February, 1860, "for the purpose of supplying the defi ciency in the revenues and defraying the expenses of the Post Office Department for the year ending the 30th of June, one thousand eight hundred and lifty•nine." This sum, therefore, justly chargeable to the year 1859 must be deducted from the sum of 59,848,474 dole 72c, in order to ascertain the expenditure for the year end ing June 30, 1860, which leaves a balance for the expendi tures of that year of 55,402,465 dole 46c. Thejinterest on the public debt, including Treasury notes for the same fiscal year ending June 30, 1860, amounted to 3,177,314 dols 62c, which, added to the above sum of 55,402,465 dole 46c, makes the aggregate of 58,579,780 dole 08c. It ought in justice to be observed that several of the es timates from the departments for the year ending June 30, 1860, were reduced by Congress below what was and still is deemed computable with the public interest. Allowing a liberal margin of 2,500,000d01s for this reduction, and for other causes, it may be safely asserted that the sum of 61,000,000 dols, or at most 62,000,060 dols, is amply sufficient to administer the government, and to pay the interest on the public debt, unless contingent events should hereafter render extraordinary expenditure necessary. This result has been attained in a considerable degree by the care exercised by the appropriate departments in entering into public contracts. I have myself never interfered with the award of any such contract, except in a single case with the Colonisation Society, deeming it advisable to cast the whole responsibility in each case on the proper head of the department, with the general instruction that these contracts should always be given to the lowest and beet bidder. It has ever been my opinion that public contracts are not a legitimate source of patronage to be conferred upon personal or pOlitical favourites; but that in all such cases a public officer is bound to act for the Government as a prudent individual would act for himself. AFRICAN SLAVE TRADE, SCC. It is-with great satisfaction I communicate the fact that, since the date of my last annual message, not a single slave has been imported into the United States in violation of the laws prohibiting the African slave trade. This statement is founded upon a thorough examination and investigation of the subject. Indeed, the spirit which prevailed some time since among a portion of our fellow-citizens in favour of this trade, seems to have entirely subsided. I also congratulate you upon the public sentiment which now exists against the crime of setting bn foot military ex peditions within the limits of the United States, to proceed from thence and make war upon the people of unoffending States, with whom wo are at peace. In this respect a happy change has been effected since the commencement of my Administration. It surely ought to be the prayer of every Christian and patriot, that such expeditions may never again receive countenance in our country or depart from our shores. It would be a useless repetition to do more than refer, with earnest commendation, to my former recommendations in favour of the Pacific railroad—of the grant of power to the President to employ the naval force in the vicinity for the protection of the lives and property of our fellow-citi zens passing in transit over the different Central American routes, against sudden and lawless outbreaks and depreda tions; and also to protect American merchant-vessels, their crews and cargoes, against violent and unlawful seizure and confiscation in the ports of Mexico and the South American republics, when these may be in a disturbed and revolu tionary condition. It is my settled conviction, that with out such a power, we do not afford that protection to those engaged in the commerce of the country which they have a right to demand. ELECTION OF MEMBERS OF CONGRESS. I again recommend to Congress the passage of a law. in pursuance of the provisions of the Constitution, appointing a certain day previous to the 4th March, in each year of an odd number, for the election o f re p resentat i ves through out all the States. A similar power has already been exer cised, with general approbation, in the anr ointment of the same day throughout the Union for holding the el ection of electors for President and Vice-President of the United States. My attention was earnestly directed to this subject from the fact that the 35th Congress terminated on the 3d March, 1859, without making the necessary appropriation for the service of the Post-office Department I was then forced to consider the best remedy for this cmigsion and in immedige" call of the present Congress was the natural resort. Upon• inquiry, however, I ascertained that 15 out of the 33 States composing the Confederacy were without repre sentatives, and that, consequently, these 15 States would be disfranchised by such a call. These 15 States will be in the same condition ma the 4th March next. Ten of them cannot elect representatives, according to existing State laws, until different periods, extending from the beginning of A u gust next until the months of October and November. In my last message I gave warning that, in a time of sudden and alarming danger; the salvation of our institu tions might depend upon the power of the President imme diately to assembie a full Congress to meet the emergency. TARIFF. It is now quite evident that the financial necessities of the Government will require a modification of the tariff during your present session for the purpose of increasing the re venue. In this aspect I desire to reiterate the recommenda tion contained in my last two annual m essages, in favour of imposing specific instead of ad valorem duties on all im ported articles to which these can be properly applied. From long observation and experience I am convinced that specific duties are necessary, both to protect the revenue and to secure to our manufacturing interests that amount incidental encouragement which unavoidably result . °1 s troll a revenue tariff. on the re As an abstract proposition it may be admitted that ad valorem duties would, in theory, be the most just and equal. l But if the experience of this and of all other commereTal nations has dem bnstrated that such duties cannot be assessed i a t n i d 4 collected thp owfiltvhisoduotgreartets'roarutdtos specific t e h n is ce m is u , st be "u", then from the very nature of an ad valorem dut duties. Indeed, that tohne the e truedifference value. the result. Under it the inevitable conseyq, foreign goods will be entered at less than their and to this extent we between The treas t u h r e ir r w re i a ll l , athnedrfiefeotirtei,oul ossveatlhuee, are defrauded. rem duties present to a pass his goods through the custom-house The temptations which ad valorem dishonest importer are irresistible eers. , necessary to save them from at Isisth e veryie object Is s e lot oo often succeeds, in spite of the confiscation, In this vigilance of the revenue officers. hence the resort to false invoices, one for the purchaser and another for the custom house, to defraud the Government. house, and to other ex produces his invoice to the collector, The honest importer price disi at which he purchased the articles stating the actual aabvreel are consign° uonest importer and the agent of the abroad. Not so the foreign large prop /f r. ' rnftlltiffioture And ereh it may be observed that e r fnorof sale manufit . c! i ti o r n es importedmerchants to commis , ' are mere agent s , I n such cases no employed by the manufacturers. In no actual sale has been made Yalu, 29 , .., ..__ . to fix their .69 mewl maxtufacturer ; if he ln dialmeot ; pre. pares an invoice of the g o o d s , no t a t th e i r actual vebie' t but at the very lowest rate necessary to escape de foreign In this meaner the dishonest importer and the manufacturer enjoy a decided advantage over the haa,!' ir merchant. They a re th us ena bl e d t o un d er sell the Is' , trader, and drive hi m f rom th e mar k e t . I n f ac t, the elt ration of this system has already driven from the pm sa: d lar of honou ra bl e commerce many o f t h at c l ass o f reg u"' ut the conscientious merchants, whose ch ar adt er , through° world, is the pride of our country. The remedy for these evils is to be found in specific ties, so far as this may be practicable. They dispense ai'„" l , any inquiry at the custom house into the actual cos ~ u u _ value of the article and it pays the precise amount of !/, previously fixed bylaw. Tney present no temptationsiaw. the appraisers of foreign goods, who receive but small a 3 ales. and might, by undervaluation in a few cases, re a, ee themselves independent. Besides, specific duties best conform to the requisitio the Constitution that "no preference shall be given bYSta regulation of commerce or revenue to t h e ports o f on e over those of another." Under our ad valorem s ystem sa c s preferences are to some extent i nev it a bl e, and comPbnnt have often been made that th e spirit of this p r ovision. iia s been violated by a lower appraisement of the same ern' l6s at one port than at another. An impression strangely enough prevails to some exteilt, that specific duties are necessarily protective duties. )2 6 , thins can be more fall ac i ous . G roa t B r i ta i n g l or i es ill ' he trade, and yet he r w h o l e revenue f rom i mports i s at present moment collected under a system of specific duo' , It is a striking fact i n thi s connec ti on that, in the corerafr cial treaty of 23d J an ., 1860, b e t weea France and En ;land' w hich one of the articles pr ov id es th a t th e ad velum duties it imposes shell be converted into specific duties within, ',„ months from its d a t e , and these are to be ascertained making an average of prices for six months previous . ; that time. The reverse of the p r op os iti on wou ld be ne to the truth, because a much larger amount of revolt., would be collected by me re ly conver ti ng t h e ad val°7is duties of a tariff into equivalent specific duties. Te extent the revenue would be increased, and in the se proportion the specific duty might be diminished. ge , Specific duties would secure t o th e A mer i can mann' ti, furor the incidental p ro t ec ti on t o w hi c h h e i s f a i rl y ens, tied under a revenue tariff, and to this surely no per s ,, e would object. The fra mers o f th e ex i s ti ng tariff have further, and in a liberal spirit have discriminated in fav ° b ",, of large and u se f u l b ranc h es o f our manufactures not , raising the rat e o f d u t y upon t h e i mportation of silal„,e articles from abroad, but wheels the same in effect, bY mitting articles free of duty whi c h en t er i n t o th e cone sition of their fabrics. Under the present system, it has been often trlllY, - be marked that this incidental protection decreases when ,` manufacturer needs it most, and increases when he 'lea s e ' s least, and constitutes a sliding scale which always operat against him. The revenues of the country are subject ~ „t ° similar fluctuation. Instead of approaching a steady stag' dard, as would be the case under a system :of specific ch i ; ties, they sink and rise with the sinki ng an d rising,Priceit of articles in foreign count r i es . it wou ld not be dill for Congress to arrange a system of specific duties whi c ,i would afford additional stability both to our revenue an our manufactures; and without injury or injustice to an , interest of the country. This might be accomplished by ascertaining the a verag e ( value of any given article for a series of years at the plaee e , exportation, and by simply conve r ti ng th e ra t e o f a d valor!, , 11 ; duty upon it whi c h m i g ht b e deeme d necessar y revenue purposes, into the form of a sp e cifi c d u ty. Such ,7 1 arrangement could not injure the consumer. If he shoal pay a greater amount of duty one year, this would be CO terbalanced by a lesser amount th e next, and in the end the aggregate would be the same_ I desire to call your immediate attention to the prese t condition of the Treasury, so ably and clearly presented 11 the Secretary in his report t o C ongress ; an d to recoraraea u ! that measures' be promptly adopted, to enable it to discharg e its passing obligation s . Th e o th er recommen d ations o f lye report are well worthy of your favourable consideration. I herewith transmit to Congress the reports of the Sore,: taries of War, of the N a vy, o f th e I nter i or an d of the Fes' master-General. The recommendations and suggestionS which they contain are highly va l ua bl e an d d eserve you careful attention. The report of the Postma s t er -G enera l d e t a il s t h e c i rc uar stances under which Corneli us V an d er bil t, on my req uest, agreed, in the mon th o f J u ly l as t , to carry the ocean ma i' between our Atlantic and Pacifi c coas t s . H a d h e not thusacted, this important int er - commun i cat i on must have been suspended, at least for a season . Th e P ostmaster- G ene ral had no power to mak e ' hi m any ot h er compensation t he the postages on the mail m a tt er w hi c h h e m i g h t carry. '; was known, at the tim e , 1 h a t t h ese pos t ages wou l d fa ll s horl , of an adequate comp ensa ti on , as we ll as o f the sum w hich the same service had p rev i ous l y cos t th e G overnment. Vanderbilt, in a commendable spirit, was willing to cell upon the justice of Congress to make up the deficiency; and I therefore recommend that an appropriation may be granted for that purpose. I should do great injustice to the Attorney-General, wer e I to omit the mention of his distinguished services, in the, measures adopted and p rosecu t e d b y hi m for the defence e` the Government against numerous and unfounded claims to land in California, purporting to have been made by the Mexican Government previous to the treaty of cession. The successful opposition to these claims have saved to th e United States public p ro p er ty wor th many millions 0 , , 1 . dollars, and to individ ua l s h o ldi ng ti t l e under them to a l least an equal amount. It has been represented to me from sources which I deem re liable that the inhabitants in several portions of Kansas hen been reduced nearly to a state of starvation, on account of the almost total fail ure o f th e i r crops, whilst the harvests in every other portion of the country have been abundant'„ The prospect before thein for the approaching winter is wel l calculated to enlist the sympathies of every heart. Th e destitution appears to be so general that it cannot be re lieved by private contributions, and they are in such indi gent circumstances as to be unable to purchase the necessiv flea of life for themselves. I refer the subject to Congress. If any constitutional measure for their relief can be devised, I would recommend its adoption. I cordially commend to your favourable regard the inte rests of the people of this district. They are eminently en" titled to your con s id era ti on, especially since, unlike the people of the States, they can appeal to no Governmeal except that of the Union. JAM Washington City, D ecem b er 3,1860 E S BUCHANAN. . • After the Message had been read in the Senate, Mr. Clingman moved that it be published. He though it fell short of investigating the crisis now before the Go vernment. The President elect was known to be a danger' ous man, because his avowed principles were irrepressible , with the view of making war upon his section of this coun try. The present position of parties rendered Congress powerless, and his party would eventually control the Go: vernment, the Supreme Court included, and by a sectional majority absolutely control the whole Government. Hie section might begin a revolution, and he did not think the States had acted p rec ipit a t e l y. If such occurrences as had taken place during the last 15 years had occurred with ant foreign nation, they would have been at war. In hi judgment a numb er o f th e S tates would secede within au„ days. In South Carolina the submission party was very man' He thought the wisest thing for Congress to do was to divide the public property as fairly us possible after paying the public debts. His people were not terrified.; they lle more territory than the colonies had when they began the war with Great Britain ; they had four times the populat ion the colonies had. The imports last yearreached 30,000,0 00, and 10 per cent, duties gave 3,000,000. Northern gentle" men said that Southern institutions were a disgrace to, the natio na l f am il y ; t h ey wanted them removed, and sald it was a sin. If they separated, then their consciences would be clear. He agreed with the President that there was no right delegated to the Government to employ force towards a seceding State. The most offensive aggression would be a levy of tribute. If the separation of all the slave States took place quietly and peacefully they would . but carry out the policy of the Fathers of the Revolution. Mr. Crittenden replied. He had hoped that Congress would come together as Union men and friends. He had hoped for the preservation of the Union he had so long lived under, and rose on purpose to express a hope that the es' ample of the gentleman preceding him might not be fol lowed. They hail better not have come there at all. This Union was worthy of great sacrifices and concessions. 11 1 3 looked forward with dismay at the idea of disunion, and with fear and trembling. They must search for means of reconciliation and restore harmony to the country. lie hoped there would be no angry debates. North Carolina had always carried the olive branch of peace. Mr. Clingman approved the desire to preserve the Union. He would be sustained in what he said by a majority of the people of his State. North Carolina was next to the last to come into the Union, but when the Union ceases to protect her she'll bid the Union good bye. In the House of Representatives, after the read ing of the Message had been concluded, Mr. Sherman moved its reference to the Committee of the Whole, Mr. Boteler, of Virginia, however, desiring to present a resolu.. tion, the motion was withdrawn, and the resolution re td. It provided that so much of the Message as relates to the present perilous condition of the country be referred to special committee of one from each State with leave to re port at any time. Mr. 1 11 ‘Clernand, of Illinois, moved an amendment, rehearsing the causes of difficulty, and pro posing that the committee be instructed to report by bill, or by amendment to the Constitution, and more particularly as to wh p e r t o h m e p r t a e n e y m f p u l r i t an he e r e l w e g it i b sla tb ti a la p i r s o n v e ie c i e o s o sa o ry f t t b o e in c s o u o rf s n a o m f strikingseverald in oe out a more stitution relating to the rendition of fugitives from service or labour. Mr. Boteler, however, declined to accept Mr. t t m , t a n ebme d bw a o lorsrsodmos Botelerw iofferedh lleave y a eo3dtl to report e modified h his e r - man, proposing that the committee be limited to 15. A t the r. var etasn o_i suggestion au u n, ter.; proposed r e o s po times u nd resolution o f objection was after which Mr. Monis, of Pennsyl - M'Clernan t d io ' rge, which was also rejected , ple e dging the members to sustain the Union at all hazards. Boteler's rhgi.° distinctively s ttihnicstirveeslyolubtieofnore After various other suggestions, none of which were thought available, a vote was taken on Mr. Boteler's pro position, and it was adopted,--145 to 38. Before the vote was announced a number of Southern members who had was the th H at ou M s:: not voted gave their reasons for declining, which wer e generally that their States had called conventions to con sider the same questions proposed to be discussed by the Committee, and that the peopl e wou ld d ec id e t h em for themselves. • Mr. Miles. of South Carolina, went further, however, and declared that kis State was out of the Con federacy, except as to the mere form, and that therefore her delegation took no interest in the question. application to Congress, have obtained a convent/ .on for the same object." This is the very course which I earnestly reoc immend in order to obtain an " explanatory amendment" f the Con stitution on the subject of slavery. This might originate with Congress or the State Legislatures, as may be deemed most advisable to attain the object. The explanatory amendment might be confined to the final settlement of the true construction of the Constitution on three special points : I. An express recognition of the right of property in slaves in the States where it now exists or may hereafter exist. 2. The duty of protecting this right in all the common Territories throughout their territorial existence, and until they shall be admitted as States into the Union, with or without slavery, as their constitutions may prescribe. 3. A like recognition of the right of the master to have his slave, who has escaped from elle State to another, restored and delivered up to him, and of the validity of the fugitive slave law enacted for this purpose, together with a declaration that all State laws impairing or defeating this right are violations of the constitution, and are consequently null and void. It may be objected that this construction of the constitu tion has already been settled by the Supreme Court of the United States, and what more ought to be required ? The answer is that a very large proportion of the people of the United States still contest the correctness of this decision, and never will cease from agitation and admit its binding force until clearly established by the people of the several States in their sovereign character. Such an explanatory amendment would, it is believed, for ever terminate the existing dissensions and restore peace and harmony among he States. It ought not to be doubted that such an appeal to the arbitrament established by the constitution itself would be received with favour by all the States of the confederacy. In any event it ought to be tried in a spirit of conciliation before any of those States shall separate themselves from the Union. I When lentered upon the duties of the Presidental office, Ole aspect neither of our foreign nor domestic affairs was at a. l l satisfactory. We were involved in dangerous com plicatioN with several nations, and two of our territories were in a st!l‘te Of revolution against the Government. A restoration' of the African slave trade had numerous and powerful adc ocates. Unlawful military expeditions were countenanced by• many of our citizens, and were suf fered, in defiance of the government, to escape from our shores, for the purpose of iri,qlung war upon the unoffend ing people of neighbouring reptiNics with whom we were at peace. In addition to these and other difficulties, 'We experienced a revulsion in monetary affairs, soon after m 7 Advent to power, of unexampled severity and of ruinous consequences to all the great interests of the country. When we take a retrospect of what was then our condition, and contrast this with its material prosperity at the time of the late presiden tal election, we have abundant reason to return our grateful thanks to that merciful Providence which has never for saYen us as a nation in all our past trials. OUR FOREIGN RELATIONS. GREAT BRITAIN. Our relatOus with Great Britain are of the most friendly character. Sii:ce the commencement of my administration, the two dangerom. l questions, arising from the Clayton and Bulwer treaty and 1 - -om the right of search claimed by the British Government, it :we been amicably and honourably adjusted. The discordant constructionof the Clayton and Bulwer treaty between the two Governments, which at different periods of the discussion, bore a tLireatening aspect, have resulted in a final settlement entirely satisfactory to this Government. In my last annual message I informed Con gress that the British Government had not then "com pleted treaty arrangements with the republics of Hondu ras and Nicaragua, in pursuance of the understanding be tween the two Governments. It is nevertheless confidently expected that this good work will ere long be accomplished. This confident :expectation has since been fulfilled. Her Britannic Majesty concluded a treaty with Honduras on the 24th November, 1859, and with Nicaragua on the 28th August, 1860, relinquishing the Mosquito protectorate. Besides, by the former, the Bay Islands are recognised as a part of the republic of Honduras. It may be observed that the stipulations of these treaties conform in every important particular to the amendments adopted by the Senate of the United States to the treaty concluded at London on the 19th of October, 1856, between the two Governments. It will be recollected that this treaty was rejected by the British Government because of its ob jection to the just and important amendment of the Senate to the article relating to Ruatan and the other islands in the Bay of Honduras. It must be a source of sincere satisfaction to all clisses of our fellow-citizens, and especially to those engaged in foreign commerce, that the claim on the part of Great Britain, forcibly to visit and search American vessels on the high seas in time of peace, has been abandoned. This was by far the most dangorous question to the peace of the two countries which has existed since the war of 1812. Whilst it remained open, they might at any moment have been precipitated into a war. This was rendered mani fest by the exasperated state of public feeling throughout our entire country, produced by the forcible search of American merchant vessels by British cruisers on the coast of Cuba, in the spring of 1858. The American people hailed with general acclaim the orders of the Secretary of the Navy to our naval force in the Gulf of Mexico, "to protect all vessels of the United States on the high seas from search or detention by the vessels of war of any other nation." . These orders might have produced an immediate colli . sion between the naval force; of the two countries. This was most fortunately prevented by an appeal to the justice of Great Britain and to the law of nations as expounded by her own most eminent jurists. The only question of any importance which still remains open is the disputed title between the two Governments to the island of San Juan, in the vicinity of Washington Ter ritory. As this question is still under negotiation, it is not deemed advisable at the present moment to make any other allusion to the ,übject. The recent visit of the Prince of Wales, in private cha racter, to the people of this country, has proved to bo a most auspicious event. In its consequences, it cannot fail to increase the kindred and kindly feelings which I trust may ever actuate the Government and people of both countries in their political and social intercourse with each other. FRANCE. With France, our ancient and powerful ally, our rela tions continue to be of the most friendly character. A de cision has recently been made by a French judicial tribu nal, with the approbation of the Imperial Government, which cannot fail to foster the sentiments of mutual regard that have so long existed between the two countries. Under the French law no person can serve in the armies of France unless he be a French citizen. The law of Fronce recognising the natural right of expatriation, it follows as a necessary consequence that a Frenchman, by the fact of hav ing become a citizen of the United States, has changed his allegiance and has lost his native character. He cannot, therefore, be compelled to serve in the French armies in case he should return to his native country. These princi ples were announced in 1852 by the French Minister of War, and in two late cases have been confirmed by the French judiciary. In these, two natives of France have been discharged from the French army because they had become American citizens. To employ the language of our present minister to France, who has rendered good service on this occasion : "I do not think our French na turalised follow citizens will hereafter experience mush an noYance on this subject." I venture to predict that the time ig not far distant when the other continental powers will adopt the same wise and just policy which has done so much honor to the enlightened government of the Emperor. In any event, our Govern ment is bound to protect the rights of our naturalised citi zens everywhere, to the same extent as though they had drawn their first breath in this country. We can recognise no distinction between our native and naturalised citizens. RUSSIA. Between the Great Empire of Russia and the United States the mutual friendship and regard which has so long existed still continues to prevail, and, if possible, to increase. Indeed, our relations with that Empire aro all that we could desire. SPAIN. • Our relations with Spain aro now of a more complicated though less dangerous character, than they have been for many years. Our citizons have long held, and continue to hold, numerous claims against the Spanish Government,. These had been ably urged for a series of years by our suc cessive diplomatic representativas at Madrid, but without obtaining redress., The Spanish Government finally agreed to institute a joint commission for the adjustment of these claims, and on the sth day of March, 1860, concluded a convention for this purpose with, our present minister at Madrid. Under this convention, what have been deno minated "the Cuban claims," amounting to 123,635 dols. and 54 cents, in which mo re than one hundred of our fellow citizens are interested, were recognised, and the Spanish government agreed to pay 100,000 dohs. of this amount "within three months following the exchange of ratifi cations." The payment of the remaining 28,635 dols. 54c. was to await the decision of the commissioners for or aminst " the Amistad claim,;" but in any event 'the balance was to be paid to the claimants either by Spain or the United States. These terms I have every reason to knew are highly satis factory to the holders of the Cuban claims. Indeed, they have made a formal offer, authorising the State Department • to settle these claims, and to deduct the amount of Clic, Amistad claim from the sums which they are entitled to receive from Spain. This offer of course cannot be accepted. All other claims of citizens of the United States ag ainst Spain, or of subjects of the Queen of Spain against tho United States, including tho "Amistad claim," wore by this convention referred to a board of commissioners in the usual form. Neither the validity of the Amistad claim, nor of any other claim against either party, wi th•the single ex ception of the Cuban claims, was recognised by the conven tion. Indeed, the Spanish Government did not insist that he validity of the Alilisted claim should be thus recognised, notwithstanding its payment had been recommended to Congress by two of my predecessors as well as by myself, and an appropriation for that purpose had passed the Senate of the United States. They were content that it should be submitted to the board for examination and decision, like the other claims. Both Governments were bound respec tively to pay the amounts awarded to the several claimants "at such times and places as may bo fixed by and accord ing to the tenor of said awards." I transmitted this convention to the Senate for their con• stitutional action On the 3d May, 1860, and on the 27th of the succeeding June, they determined that they would "not advise and consent" to its ratification. _ _ These proceedings place our relations with Spain in an awkward and embarrassing position. It is more than pro bable that the final adjustment of these claims will devolve pon my successor. I reiterate the recommendation contained in my annual Message of December, 1858, and repeated in that of Decem ber, 1859, in favour of the acquisition of Cuba from Spain by fair purchase. I firmly believe that such an acquisition would contribute essentially to the well-being and pros perity of both countries in all future time, as well as prove the certain means of immediately abolishing the African slave trade throughout the world. I would not re peat this recommendation upon the present occasion, if I believed that the transfer of Cuba to the United States, upon conditions highly favourable to Spain, could justly tarnish the national honour of the proud and _ _ ancient Spanish Monarchy. Surely no person ever attributed to the first Napoleon a disregard of the national honour of France, for transferring Louisiana to the United States for a fair equivalent both in money and commercial advantages. At max, &c. With the Emperor of Austria, and the remaining conti nental powers of Europe, including that of the Sultan, our relations continue to be of the most friendly character. The friendly and peaceful policy pursued by the Govern ment of the United States towards the Empire of China has produced the most satisfactory results. The treaty of Tientsin of the 13th of June, 1353, has been faithfully observed by the Chinese authorities. The convention , of the Bth November, 1858, supplementary to this treaty, for the adj us t ment and satisfaction of the claims of our citi zees on China referred to in my first Annual Message, of resisting the slow decay of time and of defying the sienna 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 thedanger I But they did not fear, nor had they anyreason 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 dis charge her pe o pl e f rom a ll or any o f their Federal obliga tions. It may be asked, then, are the people of the States with out redress against the tyranny and oppression of the Federal Government ? By no means. The right of resis tance on the part of the governed against the oppression of their governments cannot be denied.lt 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 De claration 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 may not be justifiable revo lution, but still it is revolution. What, in the meantime, is the responsibility and position of the Executive ? He is bound by solemn oath before God and the country " to take care that the laws be faithfully executed," from this obligation he cannot be ab solved by any human power. But what if the performance of this duty, in whole or in part, has been rendered im practicable by events over which he could have exercised no control ? ; Such, at the present moment, is the case throughout the State of South Carolina, so far as the laws of the United States to secure the administration of justice by means of the Federal Judiciary are concerned. All the Federal officers within its limits, through whose agency alone these laws can be carried into execution, have already resigned. We no longer have a district judge, a district attorney, or a marshal of South Carolina. In fact, the whole machinery of the Federal Government necessary for the distribution of remedial justice among the people has been demolished ; and it would be difficult, if not im possible, to replace it. The only acts of Congress on the statute-book, bearing upon this subject, are those of the 28th February, 1795, and 3d March, 1807. These authorise the President, after he shall have ascertained that the marshal with his posse corn , mitatas is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the army and navy to aid him in performing this service, hav ing first by proclamation commanded the insurgents " to disperse and retire peaceably to their respective abodes, within a limited time." This duty cannot by possibility be performed in a State where no judicial authority exists to issue process, and where there is no marshal to execute it, and where, even if there were such an officer, the entire population would constitute one solid combination p resist him. The bare enumeration of these provisions proves how in adequate they are without further legislatio n t o overcome a es w s h e o le m ne ay hes place pewtheremtseeldveeesidine whether a si united opposition in a single State, not t o s p ea k o f ot h er C Stil on t 7r laws can or cannot be amended so as to carry out more effectually the objects of the Constitution. The same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. The revenue still continues to be collected, as heretofore, at the custom-house inCharleston;'and should the collector unfor tunately resign, a successor may be appointed to perform this duty. Then in regard to the property of the United States in South Carolina. This has been purchased for a fair equiva lent, "by the consent of the legislature of the State," " for the erection of forts, magazines, arsenals" &c., and overthese authority to exercise exclusive legislation has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force ; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contin gency. the responsibility for consequences would rightfully rest upon the heads of the assailants. Apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall be the relations between the Federal Government and South Carolina. He has been invested with no such dis cretion. Ile possesses no power to change the relations heretofore existing between them, much less to acknow ledge the independence of that State. This would be to invest a mere Executive officer with the power of recognis ing the dissolution of the Confederacy among our 33 sove reign States. It bears no resemblance to the recognition of a foreign de facto government, involving no such responsi bility. Any attempt to do this would, on his part, be a naked act of usurpation. It is, therefore, my duty to submit to Con gress the whole question in all its bearings. The course of events is so rapidly hastening forward that the emergency may soon arise, when you may be called upon to decide the momentous question whether you possess the power, by force of arms, to compel a.State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject. The question fairly stated is—Has the Constitution dele gated to Congress the power to coerce a State into submis sion which is attempting to withdraw or has actually with drawn from the Confederacy ? If answered in the affirmative, it must be on the principle that .the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been dele gated to Congress or to any other department of the Federal Government. It is manifest, upon an inspection of the Con stitution, that this is not among the specific and enumerated powers granted to Congress ; and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution. It appears, from the proceedings of that body, that on the 31st May, 1787, the clause " authorising an exertion of the force of the whole against a delinquent State" came up for consideration. Mr. Madison opposed it in a brief but powerful speech, from which I shall extract but a single sentence. He observes—" The use of force against a State would look more like a declaration of war than an infliction of punishment; and would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound." Upon his motion the clause was unanimously postponed, and was never I believe again presented. Soon afterwards, on the Bth June, 1787, wen incidentally adverting to the subject, he said—" Any Government for the United States, formed on the supposed practicability of using force against the unconstitutional proceedings of the States, would prove as visionary and fallacious as the Government of Congress," evidently meaning the then existing Congress of the old Confederation. Without descending to particulars, it may be safely asserted, that the power to make war against a State is at variance with the whole spirit and intent of the Constitu tion. Suppose such a war should result in the conquest of a State, how are we to govern it afterwards ?' Shall we hold it as a province, and govern it by despotic power ? In the nature of things we could not, by physical force, control the will of the people and compel them to elect senators and representatives to Congress, and to perform all the other duties depending upon their own volition, and required from the free citizens of a free State as a consti tuent member of the Confederacy. But, if we possessed this power, would it be wise to exercise it under existing circumstances ? The object would doubt less be to preserve the union. War would not only present the most effectual means of destroying it; lit would banish all hope of its peaceable reconstruction. Besides, in. the fraternal conflict a vast amount of blood and ti ensure would be expended,rrendering future reconciliation:between the States impossible. In the mean time, who can foretell what would be the suffering and privation of the people during its existence ? The fact is, that our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in civil war. If it cannot live in the affections of the people, it must one day perish. Congress posesses many means of preserving it by conciliation; but the sword was not placed in their hand to preserve it by force. But may I be permitted solemnly to invoke my country. men to pause and deliberate, before they determine to de stroy this, the grandest temple which has over been dedi cated to human freedom since the world began P It has been consecrated by the blood of our fathers, by the glories of the past, and by the hopes of the future. The Union has already made us the most prosperous and, ere long, will, if preserved, render us the most powerful nation on the face of the earth. In every foreign region of the globe the title of American citizen is held in the highest respect, and when pronounced in a foreign land it causes the hearts of our countrymen to swell with honest pride. Surely when we reach the brink of the yawning abyss, we shall recoil with horror from the last fatal plunge. By such a dread catastrophe the hopes of the friends of free dom throughout the world would be destrOyed, and a long night of laden despotism would enshroud the nations. Our example for more than 80 years would not only be lost; but it would be quoted as a conclusive proof that man is unfit for self-government. It is not every wrong—nay, it is not every grievous wrong—which can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of _after evnry crmstitntional means of conciliation had been exhausted. We suoum -retied that under this free Government there is an incessant ebb and flow in public opinion. The slavery question, like everything human, will have its day. I firmly believe that it has already reached and passed the culminating point. But if, in the midst of the existing excitement, the Union shall perish, the evil may then become irreparable Con gress ban contribute much to avert it by proposing and recommending to the legislatures of the several States the remedy for existing evils, which the Constitution has itself provided for its own preservation. This has been tried at different critical periods of our history, and always with eminent success. It is to •be found in the sth article providing for its own amendment. Under this article amendments have been proposed by two-thirds of both houses of Congress, and have been " ratifi.d by the legislatures of three-fourths of the several States," and con sequently become parts of the Constitution. To this pro cess the country is indebted for the clause prohibiting Con gress from passing any law respecting an establishment of religion, or abridging the freedom of speech or of the press, or of the right of petition. To this we are also indebted for the Bill of Rights which secures the people against any abuse of power by the Federal Government. Such were the appre hensions justly entertained by the friends of State-rights at that period as to have rendered it extremely doubtful whether the Constitution could have long survived without these amendments. Again, the Constitution was amended by the same -pro cess after the election of President Jefferson by the House of Represenfatives, in February, 18e3. This amendment was rendered necessary to prevent a recurrence of the dangers which had seriously threatened the existence of the Govern ment during the pendency of that election. The article for its ewn amendment was intended to secure the amicable adjustment of conflicting constitutional questions like the present, which might arise between the governments of the States and that of the United States. This appears from contemporaneous history. In this connection, I shall merely call attention to a few sentences in Mr. Maddison's justly-celebrated report, in 1709, to the legislature of 'Virginia. In this he ably and conclusively defended the resolutions of the preceding le gislature against the strictures of several other State legis- I latures. These were mainly founded upon. the protest of the Virginia legislature against .the "Alien and Sedition Acts," as "palpable and alarming infractions of the Con stitution." In pointing out the peaceful and constitutional remedies, and he referred to none other, to which the States were authorised to resort, on such occasions, ho concludes by saying, "that the legislatures of the States might have made a direct representation to Congress with a view to obtain the rescinding of the two offensive acts , or they m i g ht have represented to their respective Senator in Con gress their wish that two-thirds thereof' would propose an explanatory amendment to the Constitution, or two-thirds of themselves, if snob had been their optima; might; by au has been already carried into effect, so far as this was practicable. - Under this convention the sum of 500,000 taels, equal to about 700,000 dols., was stipulated to be paid in satisfac tion of the claims of American citizens, out of the one-fifth of the receipts for tonnage import, and export duties on American vessels at the ports of Canton, Shanghae, and Fuchau; and it was " agreed that this amount shall be in full liquidation of all claims of American citizens at the various ports to this date." Debentures for this amount —to wit: 300,000 taels for Canton,"100,000 for Shanghae, and 100,000 for Fuchau—were delivered, according to the terms of the convention, by the respective Chinese collet tors of the customs of these ports to the agent selected by our Minister to receive the same. Since that time the claims of our citizens have been adjusted by the board of commissioners appointed for that purpose under the act of March 3, 1859, and their awards, which proved satisfactory to the claimants, have been approved by our minister. In the aggregate they amount to the sum of 498,694 d o l s. 78 c. T he cla i mants have alreadyreceived a large proportion of the sums awarded to them out of the fund provided, and it is confidently ex pected that the remainded will ere long be entirely paid. After the awards shall have been satisfied, there will re main a surplus of over 200,000 dols at the disposition of Con gress, As this will in equity belong to the Chinese Go vernment, would not justice require its appropriation to some benevolent object in which the Chinese may be speci ally interested ? Our minister to China, in obedience to his instructions, has remained perfectly neutral in the war between Great Britain and France and the Chinese empire; although, in conjunction with the Russian minister, he was ever ready and willing, had the opportunity offered, to employ his good offices in restotiag peace between the parties. It is but an act of simple justice, both to our present minister and his predecessor, to state, that they have proved fully equal to the delicate, trying, and responsible positions in which they have on different occasions been placed. JAPAN. The ratifications of the treaty with Japan concluded at Yedo on the 29th July, 1858, were exchanged at Washing ton on the 22d May last, and the treaty itself was pro•. claimed on the succeeding day. There is good reason to expect that, under its protection and influence, our trade and intercourse with that distant and interesting people will rapidly increase. The ratifications of the treaty were exchanged with unusual solemnity. For this purpose the Tycoon had accredited three of his most distinguished subjects as envoys extraordinary and ministers plenipotentiary, who were received 'and treated with marked distinction and kindness by the Government and people of the United States. There is every reason to believe that they have returned to their native land entirely satisfied with their visit and in spired by the most friendly feelings for our country. Let us ardently hope, in the language of the treaty itself, that " there shall henceforward be perpetual peace and friend ship between the United States of America and his Majesty the Tycoon of Japan and his successors." BRAZIL. With the wise, conservative, and liberal g overnmen t o f the Empire of irazil our relations continue to be of the most amicable character. NEW GRANADA. The exchange of the ratifications of the convention with the republic of New Granada, signed at Washington on the 10th Sept., 1857, has been long delayed from accidental causes, for which neither party is censurable. These rati fications were duly exchanged in this city on the sth of Nov. last. Thus has a controversy been amicably termi nated which had become so serious at the period of my in auguration, as to require me, on the 17th April, 1857, to direct our Minister to demand his passports and return to the United States. Under this convention the Government of New Granada has specially acknowledged itself to be responsible to our citizens "for damages which were caused by the riot at Panama on the 15th April, 1856. These claims, together with other claims of our citizens which had been long urged in vain, are referred for adjustment to a board of commis sioners. I submit a copy of the convention to Congress, and recommend the legislation necessary to carry it into effect. COSTA RICA AND NICARAGUA. Persevering efforts have been made for the adjustment of the claims of American citizens against the Government of Costa Rica, and I am happy to inform you that these have finally prevailed. A, convention was signed at the city of San Jose, on the 2d of July lait, between the Mini ster resident of the United States in Costa Rica and the Plenipotentiaries of that Republic, referring these claims to a board of Commissioners, and providing for the payment of their awards. This convention will be submitted imme diately to the Senate for their constitutional action. The claims of our citizens upon the republic of Nica ragua have not yet been provided for by treaty, .although diligent efforts for this purpose have been made by our Minister resident to that Republic. These are still con• tinned, with a fair prospect of success. MEXICO. Our relations with Mexico remain in a most unsatis factory condition. In my last two annual messasges, I discussed extensively the subject of these relations, and do not now propose to repeat at length the facts and argu ments then presented. They proved conclusively that our citizens residing in Mexico, and our merchants trading thereto, had suffered a series of wrongs and outrages such as wsehave never patiently borne from any other nation. For these our successive Ministers, invoking the faith of treaties, had, in the name of their country, persistently demanded redress and indemnification, but without the slightest effect. Indeed, so confident bad the Mexican authorities become of our patient endurance, that they universally believed they might commit these outrages upon American citizens with absolute impunity. Thus wrote our Minister in 1856, and expressed the opinion that " nothing but a manifestation of the power of the Govern ment, and of its purpose to punish these wrongs, will avail." Afterwards, in 1857, came the adoption of a new con stitution for Mexico, the election of a President and Con gress under its provisions, and the inauguration of the President. Within one short month, however, this Presi dent was expelled from the :capital by a rebellion in the army, and the supreme pc.wer of the republic was assigned to General :Zuloaga. This usurper was in his turn soon compelled to retire and give place to General Miramon. Under the constitution which had thus been adopted, Senor Juarez, as chief justice of the Supreme Court, became the lawful President of the Republic; and it was for the maintenance of the constitution and his authority derived from it that the civil war commenced, and still continues to be prosecuted. Throughout the year 1858 the constitutional party grew stronger and stronger . In the previous hi s t or y o f M ex i co a successful military revolution at the capital had almost universally been the signal for submission throughout the republic. Not so on the present occasion. A majority of the citizens persistently sustained the con stitutional government. When this was recognised in April, 1859, by the Government of the United States, its authority extended over a large majority of the Mexican States and people, including Vera Cruz and all the other important seaports of the republic. From that period our commerce with Mexico began to revive, and the constitu tional government has afforded it all the protection in their power. Meanwhile the government of Miramon still held sway at the capital and over the surrounding country, and con - tinued its outrages against the few American citizens who still had the courage to remain within its power. To cap the climax : after the battle of Tacubaya, in April, 1859, General Marques ordered three citizens of the United States, two of them physicians, to be seized in the hospital at that place taken out and shot, without crime and w ith out trial. This was done, notwithstanding our unfortunate coun trymen were at the moment engaged in the .holy cause of affording relief to the soldiers of both parties who had been wounded in the battle, without making any distinction be tween them. The time had arrived, in my opinion, when this Govern ment was bound to exert its power to avenge and redress the wrongs of our citizens, and to afford them protection in Mexico. The interposing obstacle was that the portion of the country under the sway of Miramon could not be reached without passing over territory under the jurisdiction of the constitutional Government. Under these circumstances, I deemed it my duty to re commend to Congress, in my last annual message, the em ployment of a sufficient military force to penetrate into the interior, where the Government of Miramon was to be found, with, or, if need be, without tilt consent of the Juarez Government, though it was not doubted that this consent could be obtained. Never have I had a clearer conviction on any subject than of the justice as well as wis dom of such a policy. No other alternative was left, except the entire abandon ment of our fellow-citizenswho had gone to Mexico, under the faith of treaties, to the systematic i n j us ti ce , cruelty, and oppression of Mirtunon's Government. Besides, it is almost certain that the simple authority to employ this force, would of itself have accomplished all our objects without striking a single blow. The constitutional Government would then ere this have been established at the City of Mexico, and would have been ready and willing, to the extent of its ability, to do justice. In addition—and I deem this a most important consi deration—European Governments would have been de prived of all pretext to interfere in the territorial and domestic concerns of Mexico. We should thus have been relieved from the obligation of resisting, even by force, should this become rrecessary, any attempt by these governments to deprive our neighbouring republic of por tions- of her territory; a duty Ass.. which wo could not shrink without abandoning the territorial and established policy of the American peop . le. I am happy to observe that, firmly relying upon the justice and good faith of these governments, there is no present danger that such a con tingency will happen. Having discovered that my recommendations would not be sustained by Congress, the next alternative was to ac complish, in some degree, if possible, the same objects by treaty stipulations with the constitutional government. Such treaties were accordingly concluded by our late able and excellent Minister to Mexico, and on the 4th Jamiary last were submitted to the Senate for ratification. As these have not yet received the final action of that body, it would be improper for me to present a detailed statement of their provisions. Still I may be permitted to express the opinion in ad vance that they are calculated to promote the agricultural, manufacturing, and commercial interests of the country, and to secure our just influence with an adjoining republic as to whose tortunes and fate we can never feel indifferent ; whilst at the same time they provide for the payment of a considerable amount towards the satisfaction of the claims of our injured fellow-citizens. KANSAS AND UTAH. M the period of my inauguration I was confronted in Kansas by a revolutionary government, existing under what is called the Topeka constitution. Its avowed object was to subdue the territorial government by force, and to inaugurate what was called the Topeka government in its stead. To accomplish this object an extensive military organisation was formed, and its command entrusted to the most violent revolutionary leaders. Under these circumstances, it became my imperative duty to exert the whole constitutional power of the Execu tive to prevent the flames of civil war from again ragingi n Kansas, which, in the excited state of the public mind, both North and South, might have extended into the neighbouring States. The hostile parties in Kansas had been inflamed against each other by emissaries both from the North and the South, to a degree of malignity without parallel in our history. To prevent actual collision, and to assist the: civil magistrates in enforcing the laws, a strong detachment of the army was stationed in the territory, ready to aid the marshals and his deputies, when lawfully called upon, as a posse comitatus in the execution of civil and criminal pro cess. Still, the troubles in Kans:Ls could not have been perma nently settled without an election by the people. The ballot box is the surest arbiter of dismtes among freemen. Under this conviction every proper effort was employed fo induce the hostile parties to vote at the election of delegates to frame the State constitution, and afterwards the election to decide whether Kansas should be a slave or a free State. The insurgent party refused to vote at either, lest this might be considered a recognition on their part of the tern' BIRTHS. ABBOTT.—On the 17th inst., at 1 2,Wiltonrstreef, Belgrava square, the wife of Charles Stuart Aubrey Abbott, Esq., prematurely, of a daughter. Du CANE.—on the 17th inst., at 13, Victoria-road, Kofl sington, the wife of Captain E. F. Du Cane, Royal En' gineers, of a daughter. MA - 11:RIAGES. GOD FREY — CHA:PmArr.—On the 18th inst., at St. Bride's, Fleet-street, T. 11. Godfrey, of Mornington-crescent , to Jane, third daughter of the late Thomas Chapman? Esq., of llucklersbury, city. STOXS—GnioLmA.—On the 28th ult., at Gibraltar, by special license, Ge.rcre Stokes, Esq., of the War De partment, to Miss Adelaide Augostina Giholma. r) ATIIS. BATLEY.—On the 17th inst., at 13, Lincoln's-inn-fields, George Bailey, Esq., Curator of the &awe Museum, aged 69. GEORGE —On the 15th inst., Josiah George, Esq., for many years a magistrate of Itoursey, Hampshire. ARMAN.—On thelith inst., at Cnippenham House, near Slough, the Rev. 'l. Harman, aged 66. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at THE SUN Office, No. 112, Strand• in the Precinct of the Savoy, in the Comity of Middlesex. Wedizeaday, DeceruDer J 9, 1800, ~~' E 14 now AIE: At a tio a His I Was and That and a In ode of', Pro po , se and K.( I?ie FiP Lies Ger The Tho - i Tip, Qti Gel Gel 'Gel Maj Maj Maj Maj Tb , , A 10; '010n( igt 4 lig ( thri l l 411bRi n Pr 11:1°