3027 Messages and Papers of the Presidents that time be entitled to act as members of that body are hereby required to take notice. Given under my hand and the seal of the United States, at Wash- {seat.] ington, this 14th day of June, A. D, 1858, and of the Inde- i pendence of the United States the eighty-second. JAMES BUCHANAN, By the President: Lewis Cass, Secretary of State. By James BUCHANAN, PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas information has reached me from sources which I can not disregard that certain persons, in violation of the neutrality laws of the United States, are making a third attempt to set on foot a military expedi- tion within their territory against Nicaragua, a foreign State with which they are at peace. In order to raise money for equipping and maintain- ing this expedition, persons connected therewith, as I have reason to believe, have issued and sold bonds and other contracts pledging the public lands of Nicaragua and the transit route through its territory as a security for their redemption and fulfillment. The hostile design of this expedition is rendered manifest by the fact that these bonds and contracts can be of no possible value to their hold- ers unless the present Government of Nicaragua shall be overthrown by force. Besides, the envoy extraordinary and minister plenipotentiary of that Government in the United States has issued a notice, in pursuance of his instructions, dated on the 27th instant, forbidding the citizens or subjects of any nation, except passengers intending to proceed through Nicaragua over the transit route from ocean to ocean, to enter its terri- tory without a regular passport, signed by the proper minister or consul- general of the Republic resident in the country from whence they shall have departed. Such persons, with this exception, ‘‘will be stopped and compelled to return by the same conveyance that took them to the country.’’? From these circumstances the inference is irresistible that persons engaged in this expedition will leave the United States with hos- tile purposes against Nicaragua. They can not, under the guise which they have assumed that they are peaceful emigrants, conceal their real intentions, and especially when they know in advance that their landing will be resisted and can only be accomplished by an overpowering force. This expedient was successfully resorted to previous to the last expe- dition, and the vessel in which those composing it were conveyed to Nicaragua obtained a clearance from the collector of the port of Mobile. Although, after a careful examination, no arms or munitions of war were
3031 Messages and Papers of the Presidents before and during the session of the convention, in favor of submitting the remaining clauses of the constitution, as well as that concerning slav- ery, to the people. But, acting in an official character, neither myself nor any human authority had the power to rejudge the proceedings of the convention and declare the constitution which it had framed to be a nullity. To have done.this would have been a violation of the Kansas and Nebraska act, which left the people of the Territory ‘‘ perfectly free to form and regulate their domestic institutions in their own way, sub- ject only to the Constitution of the United States."’ It would equally have violated the great principle of popular sovereignty, at the founda- tion of our institutions, to deprive the people of the power, if they thought proper to exercise it, of confiding to delegates elected by themselves the trust of framing a constitution without requiring them to subject their constituents to the trouble, expense, and delay of a second election. It would have been in opposition to many precedents in our history, com- mencing in the very best age of the Republic, of the admission of Terri- tories as States into the Union without a previous vote of the people approving their constitution. It is to be lamented that a question so insignificant when viewed in its practical effects on the people of Kansas, whether decided one way or the other, should have kindled such a flame of excitement throughout the country. This reflection may prove to be a lesson of wisdom and of warning for our future guidance. Practically considered, the question is simply whether the people of that Territory should first come into the Union and then change any provision in their constitution not agree- able to themselves, or accomplish the very same object by remaining out of the Union and framing another constitution in accordance with their will. In either case the result would be precisely the same. The only difference, in point of fact, is that the object would have been much sooner attained and the pacification of Kansas more speedily effected had it been admitted as a State during the last session of Congress. My recommendation, however, for the immediate admission of Kan- sas failed to meet the approbation of Congress. ‘They deemed it wiser to adopt a different measure for the settlement of the question. For my own part, I should have been willing to yield my assent to almost any constitutional measure to accomplish this object. I therefore cor- dially acquiesced in what has been called the English compromise and approved the ‘‘act for the admission of the State of Kansas into the Union’’ upon the terms therein prescribed. Under the ordinance which accompanied the Lecompton constitution the people of Kansas had claimed double the auantity of public lands for the support of common schools which had ever been previously granted to any State upon entering the Union, and also the alternate sections of land for 12 miles on each side of two railroads proposed to be constructed from the northern to the southern boundary and from the eastern to the
BRIGHAM YOUNG MUSTERING ARMY TO OPPOSE U. S. TROOPS THE MORMONS (LATTER DAY SAINTS). The Mormon sect originated with Joseph Smith, who, at the age of 15, claimed to have seen divine visions while living in Ontario County, N. Y. From revelations made to him, he dictated the Book of Mormon, or Golden Bible, which consists of sixteen Looks, written largely in the diction of the Saint James version of the Bible, and composed of utterances claimed to have been written down at dillereut periods by diflerent prophets. In 1832, Brigham Young of Vermont joined the sect, and soon became its virtual leader. After trouble with the authorities in Ohio, Missouri, and Illinois, 143 families set out for the West in 1847, and after many hard- ships settled Salt Lake City in Utah. In 1852, the Mormons zennouncel publicly that they were practising polygamy, according to what Young claimed was a divine revelation given him in 1843. When Utah became a United States territory, the Mormons resisted the authority of the United States, and had to be subdued by a military expedition in 1856. The government had constant trouble with the Mormons because of polygamous practises, until they agreed in 1890 to yield to a Supreme Court opinon declaring the anti-poligamy statute of the United States to be legal. In 1910 the Mormon creed in the United States possessed 624 church buildings, with a mem- bership of 215,796. (See article Mormons in Encyclopedic Index.)
3035 Messages and Papers of the Presidents To protect these civil officers, and to aidthem, as a fosse comitatus, in the execution of the laws in case of need, I ordered a detachment of the Army to accompany them to Utah. ‘The necessity for adopting these measures is now demonstrated. On the 15th of September, 1857, Governor Young issued his procla- mation, in the style of an independent sovereign, announcing his purpose to resist by force of arms the entry of the United States troops into our own Territory of Utah. By this he required all the forces in the Terri- tory to ‘‘hold themselves in readiness to march at a moment’s notice to repel any and all such invasion,’’ and established martial law from its date throughout the Territory. These proved to be no idle threats. Forts Bridger and Supply were vacated and burnt down by the Mormons to deprive our troops of a shelter after their long and fatiguing march. Orders were issued by Daniel H. Wells, styling himself ‘‘ Lieutenant- General, Nauvoo Legion,’’ to stampede the animals of the United States troops on their march, to set fire to their trains, to burn the grass and the whole country before them and on their flanks, to keep them from sleeping by night surprises, and to blockade the road by felling trees and destroying the fords of rivers, etc, These orders were promptly and effectually obeyed. On the 4th of October, 1857, the Mormons captured and burned, on Green River, three of our supply trains, consisting of seventy-five wagons loaded with pro- visions and tents for the army, and carried away several hundred ani- mals, This diminished the supply of provisions so materially that General Johnston was obliged to reduce the ration, and even with this precaution there was only sufficient left to subsist the troops until the st of June. Our little army behaved admirably in their encampment at Fort Bridger under these trying privations. In the midst of the mountains, in a dreary, unsettled, and inhospitable region, more than a thousand miles from home, they passed the severe and inclement winter without a murmur, They looked forward with confidence for relief from their country in due season, and in this they were not disappointed. The Secretary of War employed all his energies to forward them the necessary supplies and to muster and send such a military force to Utah as would render resistance on the part of the Mormons hopeless, and thus terminate the war without the effusion of blood. In his efforts he was efficiently sustained by Congress. The- granted appropriations sufficient to cover the deficiency thus necessarily created, and also provided for raising two regiments of volunteers ‘‘for the purpose of quelling disturb- ances in the Territory of Utah, for the protection of supply and emigrant trains, and the suppression of Indian hostilities on the frontiers.’’ Hap- pily, there was no occasion to call these regiments into service. If there had been, I should have felt serious embarrassment in selecting them, so great was the number of our brave and patriotic citizens anxious to
3039 Messages and Papers of the Presidents The British Government at the same time proposed to the United States that some mode should be adopted, by mutual arrangement between the two countries, of a character which may be found effective without being offensive, for verifying the nationality of vessels suspected on good grounds of carrying false colors. ‘They hive also invited the United States to take the initiative and propose measures for this purpose. Whilst declining to assume so grave a responsibility, the Secretary of State has informed the British Government that we are ready to receive any proposals which they may feel disposed to offer having this object in view, and to consider them in an amicable spirit. A strong opinion is, however, expressed that the occasional abuse of the flag of any nation is an evil far less to be deprecated than would be the establishment of any regulations which might be incompatible with the freedom of the seas. This Government has yet received no communication specifying the man- ner in which the British Government would propose to carry out their suggestion, and I am inclined to believe that no plan which can be devised will be free from grave embarrassments. Still, I shall form no decided opinion on the subject until I shall have carefully and in the best spirit examined any proposals which they may think proper to make. I am truly sorry I can not also inform you that the complications between Great Britain and the United States arising out of the Clayton and Bulwer treaty of April, 1850, have been finally adjusted. At the commencement of your last session I had reason to hope that, emancipating themselves from further unavailing discussions, the two Governments would proceed to settle the Central American questions in a practical manner, alike honorable and satisfactory to both; and this hope — I have not yet abandoned. In my last annual message I stated that overtures had been made by the British Government for this purpose in a friendly spirit, which I cordially reciprocated. Their proposal was to withdraw these questions from direct negotiation between the two Gov- ernments, but to accomplish the same object by a negotiation between the British Government and each of the Central American Republics whose territorial interests are immediately involved. The settlement was to be made in accordance with the general tenor of the interpreta- tion placed upon the Clayton and Bulwer treaty by the United States, with certain modifications. As negotiations are still pending upon this basis, it would not be proper for me now to communicate their present condition. A final settlement of these questions is greatly to be desired, as this would wipe out the last remaining subject of dispute between the two countries, Our relations with the great Empires of France and Russia, as well as with all other Governments on the continent of Europe, except that of Spain, continue to be of the most friendly character. With Spain our relations remain in an unsatisfactory condition. In my message of December last I informed you that our envoy extraordi-
3043 Messages and Papers of the Presidents fate of so neara neighbor. We have always cherished the kindest wishes for the success of that Republic, and have indulged the hope that it might at last, after all its trials, enjoy peace and prosperity under a free and stable government. We have never hitherto interfered, directly or indi- rectly, with its internal affairs, and it isa duty which we owe to ourselves to protect the integrity of its territory against the hostile interference of any other power. Our geographical position, our direct interest in all that concerns Mexico, and our well-settled policy in regard to the North American continent render this an indispensable duty. Mexico has been in a state of constant revolution almost ever since it achieved its independence. One military leader after another has usurped the Government in rapid succession, and the various constitutions from time to time adopted have been set at naught almost as soon as they were proclaimed. The successive Governments have afforded no adequate protection, either to Mexican citizens or foreign residents, against law- less violence. Heretofore a seizure of the capital by a military chieftain has been generally followed by at least the nominal submission of the country to his rule for a brief period, but not so at the present crisis of Mexican affairs. A civil war has been raging for some time throughout the Republic between the central Government at the City of Mexico, which has endeavored to subvert the constitution last framed by military power, and those who maintain the authority of that constitution. The antagonist parties each hold possession of different States of the Repub- lic, and the fortunes of the war are constantly changing. Meanwhile the most reprehensible means have been employed by both parties to extort money from foreigners, as well as natives, to carry on this ruinous con- test. The truth is that this fine country, blessed with a productive soil and a benign climate, has been reduced by civil dissension to a con- dition of almost hopeless anarchy and imbecility. It would be vain fot this Government to attempt to enforce payment in money of the claims of American citizens, now amounting to more than $10,000,000, against Mexico, because she is destitute of all pecuniary means to satisfy these demands, Our late minister was furnished with ample powers and instructions for the adjustment of all pending questions with the central Government ef Mexico, and he performed his duty with zeal and ability. The claims of our citizens, some of them arising out of the violation of an express provision of the treaty of Guadalupe Hidalgo, and others from gross injuries to persons as well as property, have remained unredressed and even unnoticed, Remonstrances against these grievances have been ad- dressed without effect to that Government. Meantime in various parts of the Republic instances have been numerous of the murder, imprison- ment, and plunder of our citizens by different parties claiming and exerci- sing a local jurisdiction; but the central Government, although repeatedly urged thereto, have made no effort either to punish the authors of these
3047 Messages and Papers of the Presidents In August, 1852, the Accessory Transit Company made its first inter- oceanic trip over the Nicaraguan route, and continued in successful oper- ation, with great advantage to the public, until the 18th February, 1856, when it was closed and the grant to this company as well as its charter were summarily and arbitrarily revoked by the Government of President Rivas. Previous to this date, however, in 1854, serious disputes concern. ing the settlement of their accounts had arisen Between the company and the Government, threatening the interruption of the route at any moment. These the United States in vain endeavored to compose. It would be useless to narrate the various proceedings which took place between the parties up till the time when the transit was discontinued_ Suffice it to say that since February, 1856, it has remained closed, greatly to the prejudice of citizens of the United States. Since that time the competition has ceased between the rival routtés of Panama and Nicara- gua, and in consequence thereof an unjust and unreasonable amount hag been exacted from our citizens for their passage to and from California, _ A treaty was signed on the 16th day of November, 1857, by the Sec- retary of State and minister of Nicaragua, under the stipulations of which the use and protection of the transit route would have been secured, not only to the United States, but equally to all other nations. How and on what pretext this treaty has failed to receive the ratification of the Nic- araguan Government will appear by the papers herewith communicated from the State Department. The principal objection seems to have been to the provision authorizing the United States to employ force to keep the route open in case Nicaragua should fail to perform her duty in this respect. From the feebleness of that Republic, its frequent changes of government, and its constant internal dissensions, this had become a most important stipulation, and one essentially necessary, not only for the security of the route, but for the safety of American citizens passing and repassing to and from our Pacific possessions. Were such a stipulation embraced in a treaty between the United States and Nicaragua, the knowledge of this fact would of itself most probably prevent hostile parties from committing aggressions on the route, and render our actual interference for its protection unnecessary. The executive government of this country in its intercourse with for- eign nations is limited to the employment of diplomacy alone. When this fails it can proceed no further. Itcan not legitimately resort to force without the direct authority of Congress, except in resisting and repelling hostile attacks. It would have no authority to enter the territories of Nicaragua even to prevent the destruction of the transit and protect the lives and property of our own citizens on their passage. It is true that on a sudden emergency of this character the President would direct any armed force in the vicinity to march to their relief, but in doing this he would act upon his own responsibility. Under these circumstances I earnestly recommend to Congress the
3051 Messages and Papers of the Presidents near Buenos Ayres, which, it is believed, will prove sufficient for the ocea- sion. It is my earnest desire, however, that it may not be found necessary to resort to this last alternative. When Congress met in December last the business of the country had just been crushed by one of those periodical revulsions which are the inevitable consequence of our unsound and extravagant system of bank credits and inflated currency. With all the elements of national wealth in abundance, our manufactures were suspended, our useful public and private enterprises were arrested, and thousands of laborers were deprived of employment and reduced to want. Universal distress prevailed among the commercial, manufacturing, and mechanical classes. This revulsion was felt the more severely in the United States because similar causes had produced the like deplorable effects throughout the commercial nations of Europe. All were experiencing sad reverses at the same moment. Our manufacturers everywhere suffered severely, not because of the recent reduction in the tariff of duties on imports, but because there was no demand at any price for their productions, The people were obliged to restrict themselves in their purchases to articles of prime necessity. In the general prostration of business the iron manufacturers in different States probably suffered more than any other class, and much destitution was the inevitable consequence among the great number of workmen who had been employed in this useful branch of industry. There could be no supply where there was no demand. ‘To present an example, there could be no demand for railroad iron after our magnificent system of railroads, extending its benefits to every portion of the Union, had been brought toa dead pause. ‘The same consequences have resulted from similar causes to many other branches of useful manufactures. It is self-evident that where there is no ability to purchase manufactured articles these can not be sold, and consequently must cease to be produced. No government, and especially a government of such limited powers as that of the United States, could have prevented the late revulsion. The whole commercial world seemed for years to have been rushing to this catastrophe. The same ruinous consequences would have followed in the United States whether the duties upon foreign imports had re- mained as they were under the tariff of 1846 or had been raised to a much higher standard. The tariff of 1857 had no agency in the result. The general causes existing throughout the world could not have been con- trolled by the legislation of any particular country. The periodical revulsions which have existed in our past history must continue to return at intervals so long as our present unbounded system of bank credits shall prevail. ‘They will, however, probably be the less severe in future, because it is not to be expected, at least for many years to come, that the commercial nations of Europe, with whose interests our own are so materially involved, will expose themselves to similar calamities. But this subject was treated so much at large in my last
James Buchanan 3052, annual message that I shall not now pursue it further. Still, I respect- fully renew the recommendation in favor of the passage of a uniform bankrupt law applicable to banking institutions, This is all the direct power over the subject which I believe the Federal Government pos- sesses. Such a law would mitigate, though it might not prevent, the evil. The instinct of self-preservation might produce a wholesome re- straint upon their banking business if they knew in advance that a sus- pension of specie payments would inevitably produce their civil death. But the effects of the revulsion are now slowly but surely passing away. ‘The energy and enterprise of our citizens, with our unbounded resources, will within the period of another year restore a state of whole- cities. The rate of interest is there very low. Confidence is gradually reviving, and so soon as it is discovered that this capital can be profit- ably employed in commercial and manufacturing enterprises and in the construction of railroads and other works of public and private improve- ment prosperity will again smile throughout the land. It is vain, how- ever, to disguise the fact from ourselves that a speculative inflation of our currency without a corresponding inflation in other countries whose manufactures come into competition with our own must ever produce disastrous results to our domestic manufactures. No tariff short of absolute prohibition can prevent these evil consequences. In connection with this subject it is proper to refer to our financial condition. The same causes which have produced pecuniary distress throughout the country have so reduced the amount of imports from foreign countries that the revenue has proved inadequate to meet the necessary expenses of the Government. ‘To supply the deficiency, Con- gress, by the act of December 23, 1857, authorized the issue of $20,000,000 of Treasury notes; and this proving inadequate, they authorized, by the act of June 14, 1858, a loan of $20,000,000, ‘‘ to be applied to the payment of appropriations made by law.”’ No statesman would advise that we should go on increasing the national debt to meet the ordinary expenses of the Government. This would be a most ruinous policy. In case of war our credit must be our chief resource, at least for the first year, and this would be greatly impaired by having contracted a large debt in time of peace. It is our true policy to increase our revenue so as to equal our expenditures. It would be ruinous to continue to borrow. Besides, it may be proper to observe that the incidental protection thus afforded by a revenue tariff would at the present moment to some extent increase the confidence of the manu- facturing interests and give a fresh impulse to our reviving business, To this surely no person will object. In regard to the mode of assessing and collecting duties under a strictly revenue tariff, 1 have long entertained and often expressed the opinion that sound policy requires this should be done by specific duties in cases
3055 Messages and Papers of the Presidents $35,155,977-66. ‘There was on the rst of July, 1858, of Treasury notes issued by authority of the act of December 23, 1857, unredeemed, the sum of $19,754,800, making the amount of actual indebtedness at that date $54,910,777.66. To this will be added $10,000,000 during the pres- ent fiscal year, this being the remaining half of the loan of $20,000,00¢ not yet negotiated. The rapid increase of the public debt and the necessity which exists for a modification of the tariff to meet even the ordinary expenses of the Government ought to admonish us all, in our respective spheres of duty, to the practice of rigid economy. The objects of expenditure should be limited in number, as far as this may be practicable, and the appropria- tions necessary to carry them into effect ought to be disbursed under the strictest accountability. Enlightened economy does not consist in the re- fusal to appropriate money for constitutional purposes essential to the defense, progress, and prosperity of the Republic, but in taking care that none of this money shall be wasted by mismanagement in its application to the objects designated by law. Comparisons between the annual expenditure at the present time and what it was ten or twenty years ago are altogether fallacious. The rapid increase of our country in extent and population renders a corre- sponding increase of expenditure to some extent unavoidable. This is constantly creating new objects of expenditure and augmenting the amount required for the old. ‘The true questions, then, are, Have these objects been unnecessarily multiplied, or has the amount expended upon any or all of them been larger than comports with due economy? In accordance with these principles, the heads of the different Executive Departments of the Government have been instructed to reduce their estimates for the next fiscal year to the lowest standard consistent with the efficiency of the service, and this duty they have performed in a spirit of just economy. ‘The estimates of the Treasury, War, Navy, and Inte- rior Departments have each been in some degree reduced, and unless a sudden and unforeseen emergency should arise it is not anticipated that a deficiency will exist in either within the present or the next fiscal year. The Post-Office Department is placed in a peculiar position, different from the other Departments, and to this I shall hereafter refer. I invite Congress to institute a rigid scrutiny to ascertain whether the expenses in all the Departments can not be still further reduced, and I promise them all the aid in my power in pursuing the investigation. I transmit herewith the reports made to me by the Secretaries of War, of the Navy, of the Interior, and of the Postmaster-General. They each contain valuable information and important recommendations, to which I invite the attention of Congress. In my last annual message I took occasion to recommend the imme- diate construction of ten small steamers of light draft, for the purpose of increasing the efficiency of the Navy. Congress responded to the recom-
3059 Messages and Papers of the Presidents had reached the place of their destination. Still, an agent was to be ap- pointed to receive them in Africa, and it could not have been supposed that Congress intended he should desert them at the moment they were received and turn them loose on that inhospitable coast to perish for want of food or to become again the victims of the slave trade. Had this been the intention of Congress, the employment of an agent to re- ceive them, who is required to reside on the coast, was unnecessary, and they might have been landed by our vessels anywhere in Africa and left exposed to the sufferings and the fate which would certainly await them. Mr. Monroe, in his special message of December 17, 1819, at the first session after the act was passed, announced to Congress what in his opinion was its true construction. He believed it to be his duty under it to follow these unfortunates into Africa and make provision for them there until they should be able to provide for themselves. In communicating this interpretation of the act to Congress he stated that some doubt had been entertained as to its true intent and meaning, and he submitted the ques- tion to them so that they might, ‘‘should it be deemed advisable, amend the same before further proceedings are had under it.'’ Nothing was done by Congress to explain the act, and Mr. Monroe proceeded to carry it into execution according to his own interpretation, This, then, became the practical construction. When the Africans from on board the Echo were delivered to the marshal at Charleston, it became my duty to con- sider what disposition ought to be made of them under the law. For many reasons it was expedient to remove them from that locality as speedily as possible. Although the conduct of the authorities and citi- zens of Charleston in giving countenance to the execution of the law was just what might have been expected from their high character, yet a prolonged continuance of 300 Africans in the immediate vicinity of that city could not have failed to become a source of inconvenience and anxiety to its inhabitants. Where to send them was the question. There was no portion of the coast of Africa to which they could be removed with any regard to humanity except to Liberia. Under these circumstances an agreement was entered into with the Colonization Society on the 7th of September last, a copy of which is herewith transmitted, under which the society engaged, for the consideration of $45,000, to receive these Africans in Liberia from the agent of the United States and furnish them during the period of one year thereafter with comfortable shelter, cloth- ing, provisions, and medical attendance, causing the children to receive schooling, and all, whether children or adults, to be instructed in the arts of civilized life suitable to their condition. This aggregate of $45,000 was based upon an allowance of $150 for each individual; and as there has been considerable mortality among them and may be more before they reach Africa, the society have agreed, in an equitable spirit, to make such a deduction from the amount as under the circumstances may appear
3063 Messages and Papers of the Presidents In the performance of my duty I found the greatest difficulty in de- ciding what should be considered as ‘‘moral fitness’’ for the Navy. Physical, mental, and professional fitness may be decided with a consid- erable degree of accuracy by a naval court of inquiry, but the question of moral fitness is of a very different character. There has been but one perfect standard of morality on earth, and how far a departure from His precepts and example must proceed in order to disqualify an officer for the naval service is a question on which a great difference of honest opinion must always exist. On this question I have differed in several instances from the courts of inquiry. There is one nomination which I regret that I have not the power to present to the Senate, and this is in the case of Commodore Stewart. His name stood on the Register at the head of the list of captains in the Navy until it was removed from this well-earned position by the retiring board and placed on the list of retired officers. The deeply wounded feelings of this veteran officer, who had contributed so much to the effi- ciency and glory of the Navy from its infancy, prevented him from applying for restoration to his rank and submitting to a court of inquiry composed of his junior officers the question of his ‘‘physical, mental, professional, and moral fitness’’ for the naval service. I would ere this have recommended to Congress the passage of a joint resolution to re- store him to his former rank had I not believed this would more appro- priately emanate from the legislative branch of Government. I transmit herewith to the Senate the original records in the fifty-eight cases to which I have referred. After they shall have been examined by the Senate I would respectfully request that they might be returned to the Navy Department. JAMES BUCHANAN. WASHINGTON, December 22, 1858. To the Senate of the United States; I transmit to the Senate, for its consideration with a view to ratifica- tion, a convention between the United States and Belgium for regulating the commerce and navigation between the two countries, signed in this city on the 17th of July last. JAMES BUCHANAN. WasuinctTon, December 23, 1858. To the Senate of the United States: I transmit for the consideration of the Senate a convention with New Granada, signed on the roth day of September, 1857, and a translation of the decree of the President of that Republic ratifying and confirming the same with certain modifications and explanations. JAMES BUCHANAN.
JOHN BROWN’S RAID ON HARPER’S FERRY The full account of this occurrence is given in the article entitled “Brown’s Insurrection,” in the Encyclopedic Index. The eyes, not only of the United States, but also of the entire civilized world, were upon the court-room where the trial of John Brown took place. The upper panel on the preceding page reproduces a careful draw- ing made by an eye-witness of the scene. All the world knows the fate which was meted out to Brown; and it is his appearance as he went to meet that fate which is reproduced in the lower panel. President Buchanan discusses the event on page 3084.
3075 Messages and Papers of the Presidents “to provide, within five years at least, not less than one college, or the grant to said State shall cease.’’ In that event the ‘‘said State shall be bound to pay the United States the amount received of any lands previ- ously sold, and that the title to purchasers under the State shall be valid.”’ The grant in land itself is confined to such States as have public lands within their limits worth $1.25 per acre in the opinion of the governor, For the remaining States the Secretary of the Interior is directed to issue ‘land scrip to the amount of their distributive shares in acres under the provisions of this act, said scrip to be sold by said States, and the pro- ceeds thereof applied to the uses and purposes prescribed in this act, and for no other use or purpose whatsoever.’’ The lands are granted and the scrip is to be issued ‘‘in sections or subdivisions of sections of not less than one-quarter of a section.’’ According to an estimate from the Interior Department, the number of acres which will probably be accepted by States having public lands within their own limits will not exceed 580,000 acres (and it may be much less), leaving a balance of 5,480,000 acres to be provided for by scrip. These grants of land and land scrip to each of the thirty-three States are made upon certain conditions, the principal of which is that if the fund shall be lost or diminished on account of unfortunate invest- ments or otherwise the deficiency shall be replaced and made good by the respective States. I shall now proceed to state my objections to this bill. I deem it to be both inexpedient and unconstitutional. 1. This bill has been passed at a period when we can with great diffi- culty raise sufficient revenue to sustain the expenses of the Government. Should it become a law the Treasury will be deprived of the whole, or nearly the whole, of our income from the sale of public lands, which for the next fiscal year has been estimated at $5,000, 000. A bare statement of the case will make this evident. The minimum price at which we dispose of our lands is $1.25 per acre. At the present moment, however, the price has been reduced to those who purchase the bounty-land warrants of the old soldiers to 85 cents per acre, and of these warrants there are still outstanding and unlocated, as appears by a report (February 12, 1859) from the General Land Office, the amount of 11,990,391 acres, ‘This has already greatly reduced the current sales by the Government and diminished the revenue from this source. If in addition thirty-three States shall enter the market with their land scrip, the price must be greatly reduced below even 85 cents per acre, as much to the prejudice of the old soldiers who have not already parted with their land warrants as to Government. It is easy to perceive that with this glut of the market Government can sell little or no lands at $1.25 per acre, when the price of bounty-land warrants and scrip shall be reduced to half thissum. This source *f revenue will be almost entirely dried up. Under the bill the States mz* sell their land scrip at any price
James Buchanan 3076 it may bring. There is no limitation whatever in this respect. Indeed, they must sell for what the scrip will bring, for without this fund they can not proceed to establish their colleges within the five years to which they are limited. It is manifest, therefore, that to the extent to which this bill will prevent the sale of public lands at $1.25 per acre, to that amount it will have precisely the same effect upon the Treasury as if we should impose a tax to create a loan to endow these State colleges. Surely the present is the most unpropitious moment which could have been selected for the passage of this bill. 2. Waiving for the present the question of constitutional power, what effect will this bill have on the relations established between the Fed- eral and State Governments? The Constitution is a grant to Congress of a few enumerated but most important powers, relating chiefly to war, peace, foreign and domestic commerce, negotiation, and other sub- jects which can be best or alone exercised beneficially by the common Government. All other powers are reserved to the States and to the people. For the efficient and harmonious working of both, it is nec- essary that their several spheres of action should be kept distinct from each other. This alone can prevent conflict and mutual injury. Should the time ever arrive when the State governments shall look to the Fed- eral Treasury for the means of supporting themselves and maintaining their systems of education and internal policy, the character of both Gov- ernments will be greatly deteriorated. The representatives of the States and of the people, feeling a more immediate interest in obtaining money to lighten the burdens of their constituents than for the promotion of the more distant objects intrusted to the Federal Government, will natu- rally incline to obtain means from the Federal Government for State purposes. Ifa question shall arise between an appropriation of land or money to carry into effect the objects of the Federal Government and those of the States, their feelings will be enlisted in favor of the latter, This is human nature; and hence the necessity of keeping the two Gov- ernments entirely distinct. ‘The preponderance of this home feeling has been manifested by the passage of the present bill. The establishment of these colleges has prevailed over the pressing wants of the common Treasury. No nation ever had such an inheritance as we possess in the public lands. These ought to be managed with the utmost care, but at the same time with a liberal spirit toward actual settlers. In the first year of a war with a powerful naval nation the reve- nue from customs must in a great degree cease, A resort to loans will then become necessary, and these can always be obtained, as our fathers obtained them, on advantageous terms by pledging the public lands as security. In this view of the subject it would be wiser to grant money to the States for domestic purposes than to squander away the public lands and transfer them in large bodies into the hands of speculators. A successful struggle on the part of the State governments with the
3079 Messages and Papers of the Presidents from their sale are not subject to the limitations of the Constitution, but may be appropriated or given away by Congress, at its own discretion, to States, corporations, or individuals for any purpose they may deem ient. The advocates of this bill attempt to sustain their position upon the language of the second clause of the third section of the fourth article of the Constitution, which declares that ‘‘the Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States."’ They con- tend that by a fair interpretation of the words ‘‘dispose of’’ in this. clause Congress possesses the power to make this gift of public lands te the States for purposes of education. It wculd require clear and strong evidence to induce the belief that the framers of the Constitution, after having limited the powers of Congress to certain precise and specific objects, intended by employing the words ‘‘dispose of’’ to give that body unlimited power over the vast public domain. It would be a strange anomaly, indeed, to have created two funds—the one by taxation, confined to the execution of the enumerated powers delegated to Congress, and the other from the public lands, ap- plicable to all subjects, foreign and domestic, which Congress might designate; that this fund should be ‘‘ disposed of,’’ not to pay the debts of the United States, nor ‘‘to raise and support armies,’’ nor ‘‘to pro- vide and maintain a navy,’’ nor to accomplish any one of the other great objects enumerated in the Constitution, but be diverted from them to pay the debts of the States, to educate their people, and to carry into effect any other measure of their domestic policy, This would be tocon- fer upon Congress a vast and irresponsible authority, utterly at war with the well-known jealousy of Federal power which prevailed at the forma- tion of the Constitution. The natural intendment would be that as the Constitution confined Congress to well-defined specific powers, the funds placed at their command, whether in land or money, should be appro- priated to the performance of the duties corresponding with these powers. If not, a Government has been created with all its other powers carefully limited, but without any limitation in respect to the public lands, But I can not so read the words ‘‘ dispose of’’ as to make them em- brace the idea of ‘‘ giving away.’’ ‘The true meaning of words is always to be ascertained by the subject to which they are applied and the known general intent of the lawgiver. Congress is a trustee under the Consti- tution for the people of the United States to ‘‘dispose of’’ their public lands, and I think I may venture to assert with confidence that no case can be found in which a trustee in the position of Congress has been authorized to ‘‘ dispose of" property by its owner where it has been held that these words authorized such trustee to give away the fund intrusted to his care. No trustee, when called upon to account for the disposi- tion of the property placed under his management before any judicial
James Buchanan 3080 tribuual, would venture to present such a plea in hisdefense. The true meaning of these words is clearly stated by Chief Justice Taney in deliv- ering the opinion of the court (19 Howard, p. 436). He says in refer- ence to this clause of the Constitution: It begins its enumeration of powers by that of disposing; in other words, making sale of the lands or raising money from them, which, as we have already said, was the main object of the cession (from the States), and which is the first thing pro- vided for in the article. It is unnecessary to refer to the history of the times to establish the known fact that this statement of the Chief Justice is perfectly well founded. That it never was intended by the framers of the Constitution that these lands should be given away by Congress is manifest from the concluding portion of the same clause. By it Congress has power not only ‘‘to dispose of’’ the territory, but of the ‘‘other property of the United S' .’’ In the language of the Chief Justice (p. 437): And the same power of making needful rules respecting the territory is in pre- cisely the same language applied to the other property of the United States, asso- ciating the power over the territory in this respect with the power over movable or personal property; that is, the ships, arms, or munitions of war which then belonged in common to the State sovereignties. The question is still clearer in regard to the public lands in the States and Territories within the Louisiana and Florida purchases. These lands were paid for out of the public Treasury from money raised by taxation. Now if Congress had no power to appropriate the money with which these lands were purchased, is it not clear that the power over the lands is equally limited? The mere conversion of this money into land could not confer upon Congress new power over the disposition of land which they had not possessed over money. If it could, then a trustee, by changing the character of the fund intrusted to his care for special ob- jects from money into land, might give the land away or devote it to any purpose he thought proper, however foreign from the trust. The inference is irresistible that this land partakes of the very same character with the money paid for it, and can be devoted to no objects different from those to which the money could have been devoted. If this were not the case, then by the purchase of a new territory from a foreign government out of the public Treasury Congress could enlarge their own powers and appropriate the proceeds of the sales of the land thus purchased, at their own discretion, to other and far different objects from what they could have applied the purchase money which had been raised — by taxation. 7 It has been asserted truly that Congress in numerous instances have granted lands for the purposes of education. These grants have been chiefly, if not exclusively, made to the new States as they successively entered the Union, and consisted at the first of one section and after- wards of two sections of the public land in each township for the use of
James Buchanan 3084 reason to believe from the past events in our history that we have enjoyed the special protection of Divine Providence ever since our origin as a nation. We have been exposed to many threatening and alarming diffi- culties in our progress, but on each successive occasion the impending cloud has been dissipated at the moment it appeared ready to burst upon our head, and the danger to our institutions has passed away. May we ever be under the divine guidance and protection. Whilst it is the duty of the President ‘‘from time to time to give to Congress information of the state of the Union,’’ I shall not refer in detail to the recent sad and bloody occurrences at Harpers Ferry. Still, it is proper to observe that these events, however bad and cruel in them- selves, derive their chief importance from the apprehension that they are but symptomis of an incurable disease in the public mind, which may break out in still more dangerous outrages and terminate at last in an open war by the North to abolish slavery in the South. Whilst for myself I entertain no such apprehension, they ought to afford a solemn warning to us all to beware of the approach of danger. Our Union is a stake of such inestimable value as to demand our constant and watchful vigilance for its preservation. In this view, let me implore my countrymen, North and South, to cultivate the ancient feelings of mutual forbearance and good will toward each other and strive to allay the demon spirit of sectional hatred and strife now alive in the land. This advice proceeds from the heart of an old public functionary whose service commenced in the last generation, among the wise and conserva- tive statesmen of that day, now nearly all passed away, and whose first and dearest earthly wish is to leave his country tranquil, prosperous, united, and powerful. We ought to reflect that in this age, and especially in this country, there is an incessant flux and reflux of public opinion. Questions which in their day assumed a most threatening aspect have now nearly gone from the memory of men. ‘They are ‘‘volcanoes burnt out, and on the lava and ashes and squalid scoria of old eruptions grow the peaceful olive, the cheering vine, and the sustaining corn.’’ Such, in my opinion, will prove to be the fate of the present sectional excitement should those who wisely seek to apply the remedy continue always to confine their efforts within the pale of the Constitution. If this course be pursued, the exist- ing agitation on the subject of domestic slavery, like everything human, will have its day and give place to other and less threatening contro- versies. Public opinion in this country is all-powerful, and when it reaches a dangerous excess upon atly question the good sense of the people will furnish the corrective and bring it back within safe limits. Still, to hasten this auspicious result at the present crisis we ought to remember that every rational creature must be presumed to intend the natural consequences of his own teachings. ‘Those who announce ab- stract doctrines subversive of the Constitution and the Union must not |
3087 Messages and Papers of the Presidents persons as any of the States now existing shall think proper to admit” ‘*prior to the year 1808.'’ It will be seen that this restriction on the power of Congress was confined to such States only as might think proper to admit the importation of slaves. It did not extend to other States or to the trade carried on abroad. Accordingly, we find that so early as the 22d March, 1794, Congress passed an act imposing severe penalties and punishments upon citizens and residents of the United States who should engage in this trade between foreign nations. The provisions of this act were extended and enforced by the act of roth May, 1800. Again, the States themselves had a clear right to waive the constitu- tional privilege intended for their benefit, and to prohibit by their own laws this trade at any time they thought proper previous to 1808. Sey- eral of them exercised this right before that period, and among them some containing the greatest number of slaves. This gave to Congress the immediate power to act in regard to all such States, because they themselves had removed the constitutional barrier. Congress accord- ingly passed an act on 28th February, 1803, ‘‘to prevent the importation of certain persons into certain States where by the laws thereof their admission is prohibited.’’ In this manner the importation of African slaves into the United States was to a great extent prohibited some years in advance of 1808. As the year 1808 approached Congress determined not to suffer this trade to exist even for a single day after they had the power to abolish it. On the 2d of March, 1807, they passed an act, to take effect '‘from and after the 1st day of January, 1808,’ prohibiting the importation of African slaves into the United States. This was followed by subsequent acts of a similar character, to which I need not specially refer, Such were the principles and such the practice of our ancestors more than fifty years ago in regard to the African slave trade. It did not occur to the revered patriots who had been delegates to the Convention, and after- wards became members of Congress, that in passing these laws they had violated the Constitution which they had framed with so much care and deliberation, They supposed that to prohibit Congress in express terms from exercising a specified power before an appointed day necessarily involved the right to exercise this power after that day had arrived. If this were not the case, the framers of the Constitution had expended much labor in vain, Had they imagined that Congress would possess no power to prohibit the trade either before or after 1808, they would not have taken so much care to protect the States against the exercise of this power before that period. Nay, more, they would not have attached such vast importance to this provision as to have excluded it from the possibility of future repeal or amendment, to which other portions of the Constitution were exposed. It would, then, have been wholly unneces- sary to ingraft on the fifth article of the Constitution, prescribing the
3001 Messages and Papers of the Presidents 3d of March, 1859. ‘The ratified copies, however, did not reach Shang- ventions could not, therefore, be exchanged at the same time with the principal treaty. No doubt is entertained that they will be ratified and exchanged by the Chinese Government should this be thought advisable; but under the circumstances presented I shall consider them binding engagements from their date on both parties, and cause them to be pub- lished as such for the information and guidance of our merchants trading It affords me much satisfaction to inform you that all our difficulties with the Republic of Paraguay have been satisfactorily adjusted. It happily did not become necessary to employ the force for this purpose which Congress had placed at my command under the joint resolution of 2d June, 1858. On the contrary, the President of that Republic, in a friendly spirit, acceded promptly to the just and reasonable demands of the Government of the United States. Our commissioner arrived at Assumption, the capital of the Republic, on the 25th of January, 1859, and left it on the 17th of February, having in three weeks ably and successfully accomplished all the objects of his mission. The treaties which he has concluded will be immediately submitted to the Senate. In the view that the employment of other than peaceful means might become necessary to obtain ‘‘just satisfaction’’ from Paraguay, a strong naval force was concentrated in the waters of the La Plata to await con- tingencies whilst our commissioner ascended the rivers to Assumption. The Navy Department is entitled to great credit for the promptness, effi- ciency, and economy with which this expedition was fitted out and con- ducted. It consisted of 19 armed vessels, great and small, carrying 200 guns and 2,500 men, all under the command of the veteran and gallant Shubrick. The entire expenses of the expedition have been defrayed out of the ordinary appropriations for the naval service, except the sum of $289,000, applied to the purchase of seven of the steamers constitut- ing a part of it, under the authority of the naval appropriation act of the 3d March last. It is believed that these steamers are worth more than their cost, and they are all now usefully and actively employed in the naval service. The appearance of so large a force, fitted out in such a prompt manner, in the far-distant’ waters of the La Plata, and the admirable conduct of the officers and men employed in it, have had a happy effect in favor of our country throughout aJl that remote portion of the world. Our relations with the great Empires of France and Russia, as well as with all other governments on the continent of Europe, unless we may except that of Spain, happily continue to be of the most friendly character. In my last annual message I presented a statement of the unsatisfac- tory condition of our relations with Spain, and I regret to say that this has not materially improved.
James Buchanan 3092 Without special reference to other claims, even the ‘Cuban claims,"’ the payment of which has been ably urged by our ministers, and in which more than a hundred of our citizens are directly interested, remain unsat- isfied, notwithstanding: both their justice and their amount ($128,635.54) had been recognized and ascertained by the Spanish Government itself. I again recommend that an appropriation be made ‘‘to be paid to the Spanish Government for the purpose of distribution among the claim- ants in the Amistad case.’’ In common with two of my predecessors, I entertain no doubt that this is required by our treaty with Spain of the 27th October, 1795. The failure to discharge this obligation has been employed by the cabinet of Madrid as a reason against the settlement of our claims. I need not repeat the arguments which I urged in my last annual message in favor of the acquisition of Cuba by fair purchase. My opin- ions on that measure remain unchanged. I therefore again invite the serious attention of Congress to this important subject, Without a recognition of this policy on their part it will be almost impossible to institute negotiations with any reasonable prospect of success. Until a recent périod there was good reason to believe that I should be able to announce to you on the present occasion that our difficul- ties with Great Britain arising out of the Clayton and Bulwer treaty had been finally adjusted in a manner alike honorable and satisfactory to both parties. From causes, however, which the British Government had not anticipated, they have not yet completed treaty arrangements with the Republics of Honduras and Nicaragua, in pursuance of the understanding between the two Governments. It is, nevertheless, confi- dently expected that this good work will ere long be accomplished. Whilst indulging the hope that no other subject remained which could disturb the good understanding between the two countries, the question arising out of the adverse claims of the parties to the island of San Juan, under the Oregon treaty of the 15th June, 1846, suddenly assumed a threatening prominence. In order to prevent unfortunate collisions on that remote frontier, the late Secretary of State, on the 17th July, 1855, addressed a note to Mr. Crampton, then British minister at Washington, communicating to him a copy of the instructions which he (Mr. Marcy) had given on the 14th July to Governor Stevens, of Washington Terri- tory, having a special reference to an ‘‘apprehended conflict between our citizens and the British subjects on the island of San Juan."’ To pre- vent this the governor was instructed ‘‘that the officers of the Territory should abstain from all acts on the disputed grounds which are calculated to provoke any conflicts, so far as it can be done without implying the concession to the authorities of Great Britain of an exclusive right over the premises. The title ought to be settled before either party should attempt to exclude the other by force or exercise complete and exclu- Sive sovereign rights within the fairly disputed limits.’
3005 Messages and Papers of the Presidents been driven from the capital and a military rebellion had assigned the supreme power of the Republic to General Zuloaga. The constitution provided that in the absence of the President his office should devolve upon the chief justice of the supreme court; and General Comonfort having left the country, this functionary, General Juarez, proceeded to form at Guanajuato a constitutional Government. Before this was offi- cially known, however, at the capital the Government of Zuloaga had been recognized by the entire diplomatic corps, including the minister of the United States, as the de facto Government of Mexico. The constitu- tional President, nevertheless, maintained his position with firmness, and was soon established, with his cabinet, at Vera Cruz. Meanwhile the Goy- ernment of Zuloaga was earnestly resisted in many parts of the Republic, and even in the capital, a portion of the army having pronounced against it, its functions were declared terminated, and an assembly of citizens was invited for the choice of a new President. This assembly elected General Miramon, but that officer repudiated the plan under which he was chosen, and Zuloaga was thus restored to his previous position. He assumed it, however, only to withdraw from it; and Miramon, having be- come by his appointment ‘‘ President substitute,'’ continues with that title at the head of the insurgent party. In my last annual message I communicated to Congress the circum- stances under which the late minister of the United States suspended his official relations with the central Government and withdrew from the country. It was impossible to maintain friendly intercourse with a gov- ernment like that at the capital, under whose usurped authority wrongs were constantly committed, but never redressed. Had this been an estab- lished government, with its power extending by the consent of the people over the whole of Mexico, a resort to hostilities against it would have been quite justifiable, and, indeed, necessary. But the country was a prey to civil war, and it was hoped that the success of the constitutional President might lead to a condition of things less injurious to the United States, This success became so probable that in January last I employed a reli- able agent to visit Mexico and report to me the actual condition and prospects of the contending parties. In consequence of his report and from information which reached me from other sources favorable to the prospects of the constitutional cause, I felt justified in appointing a new minister to Mexico, who might embrace the earliest suitable opportunity of restoring our diplomatic relations with that Republic. For this purpose a distinguished citizen of Maryland was selected, who proceeded on his mission on the 8th of March last, with discretionary authority to recog- nize the Government of President Juarez if on his arrival in Mexico he should find it entitled to such recognition according to the established practice of the United States. On the 7th of April following Mr. McLane presented his credentials to President Juarez, having no hesitation ‘‘ in pronouncing the Government
James Buchanan 3096 of Juarez to be the only existing government of the Republic.’’ He was cordially received by the authorities at Vera Cruz, and they have ever since manifested the most friendly disposition toward the United States, Unhappily, however, the constitutional Government has not been able to establish its power over the whole Republic. ; It is supported by a large majority of the people and the States, but there are important parts of the country where it can enforce no obedience. General Miramon maintains himself at the capital, and in some of the distant Provinces there are military governors who pay little respect to the decrees of either Government, In the meantime the excesses which always attend upon civil war, especially in Mexico, are constantly recur- ring. Outrages of the worst description are committed both upon persons and property. There is scarcely any form of injury which has not been suffered by our citizens in Mexico during the last few years, We have been nominally at peace with that Republic, but ‘‘so far as the interests of our commerce, or of our citizens who have visited the country as mer- chants, shipmasters, or in other capacities, are concerned, we might as well have been at war.’’ Life has been insecure, property unprotected, and trade impossible except at a risk of loss which prudent men can not be expected toincur. Important contracts, involving large expenditures, entered into by the central Government, have been set at defiance by the local governments, Peaceful American residents, occupying their right- ful possessions, have been suddenly expelled the country, in defiance of treaties and by the mere force of arbitrary power. Even the course of justice has not been safe from control, and a recent decree of Miramon permits the intervention of Government in all suits where either party is a foreigner. Vessels of the United States have been seized without law, and a consular officer who protested against such seizure has been fined and imprisoned for disrespect to the authorities. Military contributions have been levied in violation of every principle of right, and the Ameri- can who resisted the lawless demand has had his property forcibly taken away and has been himself banished. From a conflict of authority in different parts of the country tariff duties which have been paid in one place have been exacted over again in another place. Large numbers of our citizens have been arrested and imprisoned without any form of exam- ination or any opportunity for a hearing, and even when released have only obtained their liberty after much suffering and injury, and without any hope of redress. The wholesale massacre of Crabbe and his asso- ciates without trial in Sonora, as well as the seizure and murder of four sick Americans who had taken shelter in the house of an American upon the soil of the United States, was communicated to Congress at its last session. Murders of a still more atrocious character have been committed in the very heart of Mexico, under the authority of Miramon’s Govern- ment, during the present year. Some of these were only worthy of a bar- barous age, and if they had not been clearly proven would have seemed
30909 Messages and Papers of the Presidents conditions as they may deem expedient, to employ a sufficient military force to enter Mexico for the purpose of obtaining indemnity for the past and security for the future. I purposely refrain from any suggestion as to whether this force shall consist of regular troops or volunteers, or both. This question may be most appropriately left to the decision of Congress. I would merely observe that should volunteers be selected such a force could be easily raised in this country among those who sym- pathize with the sufferings of our unfortunate fellow-citizens in Mexico and with the unhappy condition of that Republic. Such an accession to the forces of the constitutional Government would enable it soon to reach the City of Mexico and extend its power over the whole Republic. In that event there is no reason to doubt that the just claims of our citi- zens would be satisfied and adequate redress obtained for the injuries inflicted upon them. The constitutional Government have ever evinced a strong desire to do justice, and this might be secured in advance by a preliminary treaty. It may be said that these measures will, at least indirectly, be incon- sistent with our wise and settled policy not to interfere in the domestic concerns of foreign nations. But does not the present case fairly con- stitute an exception? An adjoining Republic is in a state of anarchy and confusion from which she has proved wholly unable to extricate herself. She is entirely destitute of the power to maintain peace upon her borders or to prevent the incursions of banditti into our territory. In her fate and in her fortune, in her power to establish and maintain a settled government, we have a far deeper interest, socially, commercially, and politically, than any other nation. She is now a wreck upon the ocean, drifting about as she is impelled by different factions. Asa good neigh- bor, shall we not extend to her a helping hand to save her? If we do not, it would not be surprising should some other nation undertake the task, and thus force us to interfere at last, under circumstances of in- creased difficulty, for the maintenance of our established policy. I repeat the recommendation contained in my last annual message that authority may be given to the President to establish one or more tem- porary military posts across the Mexican line in Sonora and Chihuahua, where these may be necessary to protect the lives and property of Amer- ican and Mexican citizens against the incursions and depredations of the Indians, as well as of lawless rovers, on that remote region. The estab- lishnent of one such post at a point called Arispe, in Sonora, in a country now almost depopulated by the hostile inroads of the Indians from our side of the line, would, it is believed, have prevented much injury and many cruelties during the past season, A state of lawlessness and violence prevails on that distant frontier. Life and property are there wholly inse- cure. The population of Arizona, now numbering more than 10,000 souls, are practically destitute of government, of laws, or of any regular admin- istration of justice. Murder, rapine, and other crimes are committed
3103 Messages and Papers of the Presidents December last. In the meantime the contractors themselves, under these trying circumstances, have behaved in a manner worthy of all com- mendation. ‘They had one resource in the midst of their embarrassments. After the amount due to each of them had been ascertained and anally settled according to law, this became a specific debt of record against the United States, which enabled them to borrow money on this unquestion- able security. Still, they were obliged to pay interest in cc the default of Congress, and on every principle of justice ought to receive interest from the Government. This interest should commence from the date when a warrant would have issued for the payment of the principal had an appropriation been made for this purpose. Calculated up to the rst December, it will not exceed $96,660—a sum not to be taken into account when contrasted with the great difficulties and embarrassments of a pub- lic and private character, both to the people and the States, which would have resulted from convening and holding a special session of Congress. For these reasons I recommend the passage of a bill at as early a day as may be practicable to provide for the payment of the amount, with interest, due to these last-mentioned contractors, as well as to make the necessary appropriations for the service of the Post-Office Department for the current fiscal year. The failure to pass the Post-Office bill necessarily gives birth to seri- ous reflections. Congress, by refusing to pass the general appropriation bills necessary to carry on the Government, may not only arrest its ac- tion, but might even destroy its existence. The Army, the Navy, the judiciary, in short, every department of the Government, can no longer perform their functions if Congress refuse the money necessary for their support. If this failure should teach the country the necessity of electing a full Congress in sufficient time to enable the President to convene them in any emergency, even immediately after the old Congress has expired, it will have been productive of great good. In a time of sudden and alarming danger, foreign or domestic, which all nations must expect to encounter in their progress, the very salvation of our institutions may be staked upon the assembling of Congress without delay, If under such circumstances the President should find himself in the condition in which he was placed at the close of the last Congress, with nearly half the States of the Union destitute of representatives, the consequences might be disastrous. I therefore recommend to Congress to carry into effect the provisions of the Constitution on this subject, and to pass a law appointing some day previous to the 4th March in each year of odd num- ber for the election of Representatives throughout all the States. They have already appointed a day for the election of electors for President and Vice-President, and this measure has been approved by the country. I would again express a most decided opinion in favor of the construc- tion of a Pacific railroad, for the reasons stated in my two last annual messages. When I reflect upon what would be the defenseless condition of our States and Territories west of the Rocky Mountains in case of a
“hy ay) fy. nee with th peje ty . . . . , Var a the v THe /. , adil ad e U, ’ th OL v4 A be, o. Mhiae a the oo Pie fl ail. nee Oe ind iA h, A / the a i . /. nM /h adi cul Cher mesdeded fren diel A if 1 eae 4 AED of - rt Monnens . ‘ of /* “4 / cM diy. 7 a on 4. A fi ie “ sua An he in 4 Incl Z c’, //.. { Yb. ts tale “ y : ; db: ‘Leet DH. Ae Add oa hic . th Walt h, PRESIDENT BUCHANAN'S NOTE TO SENATE RELATING TQ UTAH MASSACRES.
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3157 Messages and Papers of the Presidents June instant, at 12 o’clock at noon of that day, of which all who shall then be entitled to act as members of that body are hereby required to take notice. Given under my hand and the seal of the United States, at Washing- ton, this 25th day of June, A. D. 1860, and of the Independ- ence of the United States the eighty-fourth. JAMES BUCHANAN. [sEAL.] By the President: Lewis Cass, Secretary of State. FOURTH ANNUAL MESSAGE. WASHINGTON City, December 3, 1860. Fellow-Citizens of the Senate and House of Representatives: Throughout the year since our last meeting the country has been eminently prosperous in all its material interests. The general health has been excellent, our harvests have been abundant, and plenty smiles throughout the land. Our commerce and manufactures have been pros- ecuted with energy and industry, and have yielded fair and ample returns. In short, no nation in the tide of time has ever presented a spectacle of greater material prosperity than we have done until within a very recent period. Why is it, then, that discontent now so extensively prevails, and the Union of the States, which is the source of all these blessings, is threat- ened with destruction? The long-continued and intemperate interference of the Northern peo- ple with the question of slavery in the Southern States has at length produced its natural effects. The different sections of the Union are now arrayed against each other, and the time has arrived, so much dreaded by the Father of his Country, when hostile geographical parties have been formed. I have long foreseen and often forewarned my countrymen of the now impending danger. ‘This does not proceed solely from the claim on the part of Congress or the Territorial legislatures to exclude slavery from the Territories, nor from the efforts of different States to defeat the exe- ction of the fugitive-slave law. All or any of these evils might have been endured by the South without danger to the Union (as others have been) in the hope that time and reflection might apply the remedy. The immediate peril arises not so much from these causes as from the fact that the incessant and violent agitation of the slavery question throughout the North for the last quarter of a century has at length produced its malign influence on the slaves and inspired them with
James Buchanan 3162 parties. If this beso, the Confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as many petty, jarring, and hostile republics, each one retiring from the Union without responsibility whenever any sudden excitement might impel them to such a course. By this process a Union might be entirely broken into fragments in a few weeks which cost our forefathers many years of toil, privation, and blood to establish. Such a principle is wholly inconsistent with the history as well as the character of the Federal Constitution. After it was framed with the greatest deliberation and care it was submitted to conventions of the peo- ple 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 Govern- ment dangerous to the rights of the States, whilst its advocates main- tained that under a fair construction of the instrument there was no foundation for such apprehensions. In that mighty struggle between the first intellects of this or any other country it never occurred to any individual, either among its opponents or advocates, to assert or even to intimate that their efforts were all vain labor, because the moment that any State felt herself aggrieved she might secede from the Union. What a crushing argument would this have proved against those who dreaded that the rights of the States would be endangered by the Con- - stitution! The truth is that it was not until many years after the origin of the Federal Government that such a proposition was first advanced. It was then met and refuted by the conclusive arguments of General Jackson, who in his message of the 16th of January, 1833, transmitting the nullifying ordinance of South Carolina to Congress, employs the fol- lowing language: The right of the people of a single State to absolve themselves at will and without the consent of the other States from their most solemn obligations, and hazard the lib- erties and happiness of the millions composing this Union, can not be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted and to the objects which it is expressly formed to attain. It is not pretended that any clause in the Constitution gives counte- nance to such a theory. It is altogether founded upon inference; not from any language contained in the instrument itself, but from the sov- ereign character of the several States by which it was ratified. But is it beyond the power of a State, like an individual, to yield a portion of its sovereign rights to secure the remainder? In the language of Mr. Madison, who has been called the father of the Constitution— It was formed by the States; that is, by the people in each of the States acting in their highest sovereign capacity, and formed, consequently, by the same authority which formed the State constitutions. * * * Nor is the Government of the United States, created by the Constitution, less a government, in the strict sense
3163 Messages and Papers of the Presidents of the term, within the sphere of its powers than the governments created by the constitutions of the States are within their several spheres. It is, like them, organ- ized into legislative, executive, and judiciary departments. It operates, like them. directly on persons and things, and, like them, it has at command a physical force for executing the powers committed to it. It was intended to be perpetual, and not to be annulled at the pleasure of any one of the contracting parties. The old Articles of Confederation were entitled ‘‘Articles of Confederation and Perpetual Union between the States,’’ and by the thirteenth article it is expressly declared that ‘‘the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual.’’ The preamble to the Consti- tution of the United States, having express reference to the Articles of Confederation, recites that it was established ‘‘in order to form a more perfect union.’’ And yet it is contended that this ‘‘more perfect union”’ . does not include the essential attribute of perpetuity. But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the Constitution on the Federal Government. ‘These powers embrace the very highest attributes of national sovereignty. They place both the sword and the purse under its control. Congress has power to make war and to make peace, to raise and support armies and navies, and to conclude treaties with foreign governments. It is invested with the power to coin money and to regulate the value thereof, and to regulate commerce with foreign nations and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Gov- ernment. 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 pro- hibitory language expressly declared that— No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. Moreover— No State shall without the consent of the Congress lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in- spection 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.
James Buchanan - 3178 parties to vote at the election of delegates to frame a State constitution, and afterwards at the election to decide whether Kansas should be a slave or free State. The insurgent party refused to vote at either, lest this might be considered a recognition on their part of the Territorial government established by Congress. A better spirit, however, seemed soon after to prevail, and the two parties met face to face at the third election, held on the first Monday of January, 1858, for members of the legislature and State officers under the Lecompton constitution. The result was the triumph of the antislavery party at the polls. This decision of the bal- lot box proved clearly that this party were in the majority, and removed the danger of civil war. From that time we have heard little or noth- ing of the Topeka government, and all serious danger of revolutionary troubles in Kansas was then at an end. The Lecompton constitution, which had been thus recognized at this State election by the votes of both political parties in Kansas, was trans- mitted 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 strong- est convictions of duty. The constitution and all the proceedings which preceded and followed its formation were fair and regular on their face. I then believed, and experience has proved, that the interests of the peo- ple of Kansas would have been best consulted by its admission as a State into the Union, especially as the majority within a brief period could have amended the constitution according to their will and pleasure. If fraud existed in all cr any of these proceedings, it was not for the Presi- dent but for Congress to investigate and determine the question of fraud and what ought to be its consequences. If at the first two elections the majority refused to vote, it can not be pretended that this refusal to exercise the elective franchise could invalidate an election fairly held under lawful authority, even if they had not subsequently voted at the third election. It is true that the whole constitution had not been sub- mitted to the people, as I always desired; but the precedents are numer- ous of the admission of States into the Union without such submission. It would not comport with my present purpose to review the proceedings of Congress upon the Lecompton constitution. It is sufficient to observe that their final action has removed the last vestige of serious revolu- tionary troubles. The desperate band recently assembled under a noto- rious outlaw in the southern portion of the Territory toresist the execution of the laws and to plunder peaceful citizens will, I doubt not, be speedily subdued and brought to justice. Had I treated the Lecompton constitution as a nullity and refused to transmit it to Congress, it is not difficult to imagine, whilst recalling the position of the country at that moment, what would have been the dis- astrous consequences, both in and out of the Territory, from such a dere- liction of duty on the part of the Executive.
THE FORMATION OF THE SOUTHERN CONFEDERACY The reasons put forward by Southerners for their secession are considered by Lincoln in his first inaugural address and the following messages. Jefferson Davis was a representative of the Southern aristocracy as Lincoln was of the Northern working classes. Many writers quote Milton’s description of the fallen angel, Lucifer, in describing Jefferson Davis’s mental powers. His face in the photograph seems eloquent of pride, decision and commanding intellect. Robert E. Lee’s character has been the subject of so much eulogy that no comment is necessary. The Encyclopedic Index articles, “‘ Civil War” and ‘ Confederate States,” give a brief narrative of events. Lincoln’s messages form the greatest Exposition of the Northern Cause ever written; for profundity of thought, for accuracy of analysis, and for clear- ness and beauty of language they have remained, and will always remain, unrivalled.
James Buchanan 3184 Congress, and to recommend that measures be promptly adopted to enable it to discharge its pressing obligations. The other recommendations of the report are well worthy of your favorable consideration. I herewith transmit to Congress the reports of the Secretaries of War, of the Navy, of the Interior, and of the Postmaster-General. The recom- mendations and suggestions which they contain are highly valuable and deserve your careful attention. The report of the Postmaster-General details the circumstances under which Cornelius Vanderbilt, on my request, agreed in the month of July last to carry the ocean mails between our Atlantic and Pacific coasts. Had he not thus acted this important intercommunication must have been suspended, at least for a season. The Postmaster-General had no power to make him any other compensation than the postages on the mail matter which he mightcarry. It was known at the time that these postages would fall far short of an adequate compensation, as well as of the sum which the same service had previously cost the Government. Mr. Vanderbilt, in a commendable spirit, was willing to rely upon the justice of Congress to make up the deficiency, and I therefore recom- mend that an appropriation may be granted for this purpose. I should do great injustice to the Attorney-General were I to omit the mention of his distinguished services in the measures adopted and prose- cuted by him for the defense of the Government against numerous and unfounded claims to land in California purporting to have been made by the Mexican Government previous to the treaty of cession. The suc- cessful opposition to these claims has saved the United States public property worth many millions of dollars and to individuals holding title under them to at least an equal amount. It has been represented to me from sources which I deem reliable that the inhabitants in several portions of Kansas have been reduced nearly to a state of starvation on account of the almost total failure of their crops, whilst the harvests in every other portion of the country have been abundant. The prospect before them for the approaching winter is well calculated to enlist the sympathies of every heart. The destitution appears to be so general that it can not be relieved by pri- vate contributions, and they are in such indigent circumstances as to be unable to purchase the necessaries of life for themselves. I refer the subject to Congress. If any constitutional measure for their relief can be devised, I would recommend its adoption. I cordially commend to your favorable regard the interests of the people of this District. ‘They are eminently entitled to your considera- tion, especially since, unlike the people of the States, they can appeal to no government except that of the Union. JAMES BUCHANAN.
3185 Messages and Papers of the Presidents SPECIAL MESSAGES. WasHINGTON, December 5, 1860. To the Senate of the United States: I transmit, for the consideration of the Senate with a view to ratifica- tion, a convention for the adjustment of claims of citizens of the United States against the Government of the Republic of Costa Rica, signed by the plenipotentiaries of the contracting parties at San Jose on the 2d day of July last. JAMES BUCHANAN. WASHINGTON, December 5, 1860. To the House of Representatives: In answer to the resolution of the House of Representatives of the 9th of April last, requesting information concerning the African slave trade, I transmit a report from the Secretary of State and the documents by which it was accompanied. JAMES BUCHANAN. WASHINGTON, January 2, r86r. To the Senate of the United States: ; I transmit to the Senate, for its consideration with a view to ratifica- tion, a treaty of amity, commerce, and navigation, and for the surrender of fugitive criminals, between the United States and the Republic of Vene- zuela, signed at Caracas on the 27th of August last. A similar treaty was concluded on the 10th July, 1856, was submitted to the Senate, and was by a resolution of that body approved, with an amend- ment, on the 10th March, 1857. Before this amendment could be laid before the Government of Venezuela for acceptance a new minister of the United States was accredited to that Government. Meantime the attention of this Government had been drawn to the disadvantage which would result to our citizens residing in Venezuela if the second article of the treaty of 1856 were permitted to go into effect, the ‘‘ pecuniary equivalent’’ for exemption from military duty being an arbitrary and generally an excessive sum. In view of this fact it was deemed prefer- able to instruct our new minister to negotiate a new treaty which should omit the objectionable second article and also the few words of the twenty- eighth article which had been stricken out by the Senate. With these changes, and with the addition of the last clause to the twenty-seventh article, the treaty is the same as that already approved by the Senate. JAMES BUCHANAN.
James Buchanan 3186 WASHINGTON Crty, January 8, 1861. Zo the Senate and House of Representatives: At the opening of your present session I called your attention to the dangers which threatened the existence of the Union. I expressed my opinion freely concerning the original causes of those dangers, and rec- ommended such measures as I believed would have the effect of tran- quilizing the country and saving it from the peril in which it had been needlessly and most unfortunately involved. Those opinions and rec- ommendations I do not propose now to repeat. My own convictions upon the whole subject remain unchanged. The fact that a great calamity was impending over the nation was even at that time acknowledged by every intelligent citizen. It had already made itself felt throughcut the length and breadth of the land. The nec- essary consequences of the alarm thus produced were most deplorable. The imports fell off with a rapidity never known before, except in time of war, in the history of our foreign commerce; the Treasury was unex- pectedly left without the means which it had reasonably counted upon to meet the public engagements; trade was paralyzed; manufactures were stopped; the best public securities suddenly sunk in the market; every species of property depreciated more or less, and thousands of poor men who depended upon their daily labor for their daily bread were turned out of employment. I deeply regret that I am not able to give you any information upon the state of the Union which is more satisfactory than what I was then obliged to communicate. On the contrary, matters are still worse at present than they then were. When Congress met, a stronge hope per- vaded the whole public mind that some amicable adjustment of the sub- ject would speedily be made by the representatives of the States and of the people which might restore peace between the conflicting sections of the country. That hope has been diminished by every hour of delay, and as the prospect of a bloodless settlement fades away the public dis- tress becomes more and more aggravated. As evidence of this it is only necessary to say that the Treasury notes authorized by the act of 17th of December last were advertised according to the law and that no respon- sible bidder offered to take any considerable sum at par at a lower rate of interest than 12 per cent. From these facts it appears that in a govern- ment organized like ours domestic strife, or even a well-grounded fear of civil hostilities, is more destructive to our public and private interests than the most formidable foreign war. In my annual message I expressed the conviction, which I have long deliberately held, and which recent refleation has only tended to deepen and confirm, that no State has a right by its own act to secede from the Union or throw off its federal obligations at pleasure. I also declared my opinion to be that even if that right existed and should be exercised by any Stateofthe Confederacy theexecutive department of this Government
—" James Buchanan 3188 result from its destruction, The calamity would be severe in every por- tion of the Union and would be quite as great, to say the least, in the Southern as in the Northern States. The greatest aggravation of the evil, and that which would place us in the most unfavorable light both before the world and posterity, is, as I am firmly convinced, that the secession ‘movement has been chiefly based upon a misapprehension at the South of the sentiments of the majority in several of the Northern States. Let the question be transferred from political assemblies to the ballot box, which the South have suffered. But, in Heaven’s name, let the trial be made before we plunge into armed conflict upon the mere assumption that there is no other alternative. Time is a great conservative power. Let us pause at this momentous point and afford the people, both North and South, an opportunity for reflection. Would that South Carolina had been convinced of this truth before her precipitate action! I there- fore appeal through you to the people of the country to declare in their might that the Union must and shall be preserved by all constitutional means, I most earnestly recommend that you devote yourselves exclu- sively to the question how this can be accomplished in peace. Allother questions, when compared to this, sink into insignificance. The present is no time for palliations. Action, prompt action, is required. A delay in Congress to prescribe or to recommend a distinct and practical propo- sition for conciliation may drive us to a point from which it will be almost impossible to recede. Acommon ground on which conciliation and harmony can be produced is surely not unattainable. The proposition to compromise by letting the North have exclusive control of the territory above a certain line and to give Southern institutions protection below that line ought to receive universal approbation. In itself, indeed, it may not be entirely satisfactory, but when the alternative is between a reasonable concession on both sides and a destruction of the Union it is an imputation upon the patriotism of Congress to assert that its members will hesitate for a moment. Even now the danger is upon us. In several of the States which have not yet seceded the forts, arsenals, and magazines of the United States have been seized. This is by far the most serious step which has been taken since the commencement of the troubles. This public property has long been left without garrisons and troops for its protection, because no person doubted its security under the flag of the country in any State of the Union. Besides, our small Army has scarcely been sufficient to guard our remote frontiers against Indian incursions. The seizure of this property, from all appearances, has been purely aggressive, and not in resistance to any attempt to coerce a State or States to remain in the Union. At the beginning of these unhappy troubles I determined that no act _
3189 Messages and Papers of the Presidents of mine should increase the excitement in either section of the country. If the political conflict were to end in a civil war, it was my determined purpose not to commence it nor even to furnish an excuse for it by any act of this Government. My opinion remains unchanged that justice as well as sound policy requires us still to seek a peaceful solution of the questions at issue between the North and the South. Entertaining this conviction, I refrained even from sending reenforcements to Major Ander- son, who commanded the forts in Charleston Harbor, until an absolute necessity for doing so should make itself apparent, lest it might unjustly be regarded as a menace of military coercion, and thus furnish, if not a provocation, at least a pretext for an outbreak on the part of South Caro- lina. No necessity for these reenforcements seemed to exist. I was assured by distinguished and upright gentlemen of South Carolina that no attack upon Major Anderson was intended, but that, on the contrary, it was the desire of the State authorities as much as it was my own to avoid the fatal consequences which must eventually follow a military collision. And here I deem it proper to submit for your information copies of a communication, dated December 28, 1860, addressed to me by R. W. Barnwell, J. H. Adams, and James L,. Orr, ‘‘commissioners’’ from South Carolina, with the accompanying documents, and copies of my answer thereto, dated December 31. In further explanation of Major Anderson’s removal from Fort Moul- trie to Fort Sumter, it is proper to state that after my answer to the South Carolina ‘‘commissioners’’ the War Department received a letter from that gallant officer, dated on the 27th of December, 1860, the day after this movement, from which the following is an extract: I will add as my opinion that many things convinced me that the authorities of the State designed to proceed to a hostile act. Evidently referring to the orders, dated December 11, of the late Sec- retary of War. Under this impression I could not hesitate that it was my solemn duty to move my command from a fort which we could not probably have held longer than forty- eight or sixty hours to this one, where my power of resistance is increased to a very great degree. It will be recollected that the concluding part of these orders was in the following terms: The smallness of your force will not permit you, perhaps, to occupy more than one of the three forts, but an attack on or attempt to take possession of either one of them will be regarded as an act of hostility, and you may then put your command into either of them which you may deem most proper to increase its power of resistance. You are also authorized to take similar defensive steps whenever you have tangible evidence of a design to proceed to a hostile act. It is said that serious apprehensions are to some extent entertained (in which I do not share) that the peace of this District may be disturbed
James Buchanan 3190 before the 4th of March next. In any event, it will be my duty to pre- serve it, and this duty shall be performed. In conclusion it may be permitted to me to remark that I have often warmed my countrymen of the dangers which now surround us. ‘This may be the last time I shall refer to the subject officially. I feel that my duty has been faithfully, though it may be imperfectly, performed, and, whatever the result may be, I shall carry to my grave the consciousness that I at least meant well for my country. JAMES BUCHANAN. WASHINGTON, January 15, 1861. To the Senate of the United States: In compliance with the resolution of the Senate passed on the roth instant, requesting me to inform that body, if not incompatible with the public interest, ‘‘ whether John B. Floyd, whose appointment as Secre- tary of War was confirmed by the Senate on the 6th of March, 1857, still continues to hold said office, and, if not, when and how said office became vacant; and, further, to inform the Senate how and by whom the duties of said office are now discharged, and, if an appointment of an acting or provisional Secretary of War has been made, how, when, and by what authority it was so made, and why the fact of said appointment has not been communicated to the Senate,’’ I have to inform the Senate that John B. Floyd, the late Secretary of the War Department, resigned that office on the 29th day of December last, and that on the 1st day of Janu- ary instant Joseph Holt was authorized by me to perform the duties of the said office until a successor should be appointed or the vacancy filled. Under this authority the duties of the War Department have been per- formed by Mr. Holt from the day last mentioned to the present time. The power to carry on the business of the Government by means of a provisional appointment when a vacancy occurs is expressly given by the act of February 13, 1795, which enacts— That in case of vacancy in the office of Secretary of State, Secretary of the Treas- ury, or of the Secretary of the Department of War, or of any officer of either of the said Departments whose appointment is not in the head thereof, whereby they can not perform the duties of their respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons, at his discretion, to perform the duties of the said respective offices until a successor be appointed or such vacancy be filled: Provided, That no one vacancy shall be supplied in manner aforesaid for a longer period than six months, It is manifest that if the power which this law gives had been with- held the public interest would frequently suffer very serious detriment. Vacancies may occur at any time in the most important offices which can not be immediately and permanently filled in a manner satisfactory to the appointing power. It was wise to make a provision which would enable the President to avoid a total suspension of business in the interval,
James Buchanan 3192 resolution makes the additional inquiry ‘‘ why the fact of said appoint- ment has not been communicated to the Senate.’’ I take it for granted that the Senate did not mean to call for the rea- sons upon which I acted in performing an Executive duty nor to demand an account of the motives which governed me in an act which the law and the Constitution left to my own discretion. It is sufficient, therefore, for that part of the resolution to say that a provisional or temporary appointment like that in question is not required by law to be communi- cated to the Senate, and that there is no instance on record where such communication ever has been made. JAMES BUCHANAN. WASHINGTON, January 22, 1861. To the House of Representatives: I herewith transmit to the House of Representatives a communica- tion from the Secretary of the Navy, with accompanying reports, of the persons who were sent to the Isthmus of Chiriqui to make the examina- tions required by the fifth section of the act making appropriations for the naval service, approved June 22, 1860. JAMES BUCHANAN. WaAsHINGTON, January 24, 1861. To the Senate of the United States: In compliance with the resolution of the Senate of the roth instant, requesting a copy of correspondence between the Department of State and ministers of foreign powers at Washington in regard to foreign ves- sels in Charleston, I transmit a report from the Secretary of State and the documents by which it was accompanied. JAMES BUCHANAN. WASHINGTON City, January 28, 1861. To the Senate and House of Representatives of the United States: I deem it my duty to submit to Congress a series of resolutions adopted by the legislature of Virginia on the 19th instant, having in view a peace- ful settlement of the exciting questions which now threaten the Union. They were delivered to me on Thursday, the 24th instant, by ex-Presi- dent Tyler, who has left his dignified and honored retirement in the hope that he imay render service to his country in this its hour of peril. These resolutions, it will be perceived, extend an invitation ‘to all such States, whether slaveholding or nonslaveholding, as are willing to unite with Virginia in an earnest effort to adjust the present unhappy controversies in the spirit in which the Constitution was originally formed, and con- sistently with its principles, so as to afford to the people of the slavehold- ing States adequate guaranties for the securities of their rights, to appoint
James Buchanan 3194 orable for all sections of the country. I trust that the mediation of Virginia may be the destined means, under Providence, of accomplish- ing this inestimable benefit. Glorious as are the memories of her past history, such an achievement, both in relation to her own fame and the welfare of the whole country, would surpass them all. JAMES BUCHANAN. WASHINGTON, January 30, 186. To the Senate of the United States: I have received the resolution of the Senate of the 24th instant, re- questing the return to that body of the convention between the United States and the Republic of Venezuela on the subject of the Aves Island. That instrument is consequently herewith returned. It was approved by the Senate on the 24th June last with the following amendment: Article III: Strike out this article, in the following words: In consideration of the above agreement and indemnification, the Government of the United States and the individuals in whose behalf they have been made agree to desist from all further reclamation respecting the island of Aves, abandoning to the Republic of Venezuela whatever rights might pertain to them. The amendment does not seem necessary to secure any right either of the United States or of any American citizen claiming under them. Neither the Government nor the citizens in whose behalf the conven- tion has been concluded have any further claims upon the island of Aves. Nor is it known or believed that there are any claims against the Gov- ernment of Venezuela having any connection with that island other than those provided for in this convention. I therefore recommend the recon- sideration of the subject. No steps have yet been taken toward making known to the Venezuelan Government the conditional approval of the convention by the Senate. This might have been necessary if the instrument had stipulated for a ratification in the usual form and it had been ratified accordingly. Inas- much, however, as the convention contains no such stipulation, and as some of the installments had been paid according to its terms, it has been deemed preferable to suspend further proceedings in regard to it, espe- cially as it was not deemed improbable that the Senate might request it to be returned. This anticipation has been realized. JAMES RUCHANAN. WASHINGTON, February 5, 1861. To the Senate and House of Representatives: I have received from the governor of Kentucky certain resolutions adopted by the general assembly of that Commonwealth, containing an application to Congress for the call of a convention for proposing amend- ments to the Constitution of the United States, with a request that I shouldimmediately place the same before that body. It affords me great
James Buchanan 3198 ary between the territories of Her Britannic Majesty and those of the United States from the point on the forty-ninth parallel of north lati- tude up to which it had already been ascertained should be continued westward along the said parallel ‘‘to the middle of the channel which separates the continent from Vancouvers Island, and thence southerly through the middle of said channel and of Fucas Straits to the Pacific Ocean.’’ When the commissioners appointed by the two Governments to mark the boundary line came to that point of it which is required to run southerly through the channel which divides the continent from Van- couvers Island, they differed entirely in their opinions, not only concern- ing the true point of deflection from the forty-ninth parallel, but also as to the channel intended to be designated in the treaty. After a long- continued and very able discussion of the subject, which produced no result, they reported their disagreement to their respective Governments, Since that time the two Governments, through their ministers here and at London, have had a voluminous correspondence on the point in con- troversy, each sustaining the view of its own commissioner and neither yielding in any degree to the claims of the other. In the meantime the unsettled condition of this affair has produced some serious local disturbances, and on one occasion at least has threatened to destroy the harmonious relations existing between Great Britain and the United States. The island of San Juan will fall to the United States if our con- struction of the treaty be right, while if the British interpretation be adopted it will be on their side of the line. That island is an important possession to this country, and valuable for agricultural as well as mili- tary purposes. I am convinced that it is ours by the treaty fairly and impartially construed. But argument has been exhausted on both sides without increasing the probability of final adjustment. On the contrary, each party seems now to be more convinced than at first of the justice of itsown demands. There is but one mode left of settling the dispute, and that is by submitting it to the arbitration of some friendly and impartial power. Unless this be done, the two countries are exposed to the con- stant danger of a collision which may end in war. It is under these circumstances that the British Government, through its minister here, has proposed the reference of the matter in controversy to the King of Sweden and Norway, the King of the Netherlands, or to the Republic of the Swiss Confederation. Before accepting this propo- sition I have thought it right to take the advice of the Senate. The precise questions which I submit are these: Will the Senate approve a treaty referring to either of the sovereign powers above named the dis- pute now existing between the Governments of the United States and Great Britain concerning the boundary line between Vancouvers Island and the American continent? In case the referee shall find himself unable to decide where the line is by the description of it in the treaty of 15th June, 1846, shall he be authorized to establish a line according to
3199 Messages and Papers of the Presidents the treaty as nearly as possible? Which of the three powers named by Great Britain as an arbiter shall be chosen by the United States ? All important papers bearing on the questions are herewith commu- nicated in the originals. Their return to the Department of State is requested when the Senate shall have disposed of the subject. JAMES BUCHANAN. WASHINGTON, February 23, 186l. To the Senate cf the United States: In compliance with the resolutions of the Senate of the 17th and 18th February, 1858, requesting information upon the subject of the Aves Island, I transmit a report from the Secretary of State and the documents which accompanied it. JAMES BUCHANAN. WASHINGTON, February 23, 1861. Hon. Joun C. BRECKINRIDGE, President of the Senate. S1r: Herewith I inclose, for constitutional action of the Senate thereon should it approve the same, supplemental articles of agreement made and concluded with the authorities of the Delaware Indians on the 21st July last, with a view to the abrogation of the sixth article of the treaty of May 30, 1860. JAMES BUCHANAN. WASHINGTON, February 23, 1861. To the House of Representatives of the United States: In answer to a resolution of the House of Representatives adopted on the 11th instant, respecting the seizure of the mint at New Orleans, with a large amount of money therein, by the authorities of the State of Louisiana, the refusal of the branch mint to pay drafts of the United States, etc., I have to state that all the information within my posses- sion or power on these subjects was communicated to the House by the Secretary of the Treasury on the 21st instant, and was prepared under the resolution above referred to and a resolution of the same date ad- dressed to himself. JAMES BUCHANAN. WasuHincton, *ebruary 26, 1861. To the Senate of the United States: In answer to the resolution of the Senate of the 25th instant, request- ing information relative to the extradition of one Anderson, a man of color, charged with the commission of murder in the State of Missouri,
James Buchanan 3200 I transmit a report from the Secretary of State and the documents by which it was accompanied. The dispatch of Mr. Dallas being in the original, its return to the Department of State is requested. JAMES BUCHANAN. WasuHincton, March 1, 1861, To the House of Representatives: In answer to their resolution of the 11th instant [ultimo], ‘‘that the President of the United States furnish to the House, if not incompatible with the public service, the reasons that have induced him to assemble so large a number of troops in this city, and why they are kept here; and whether he has any information of a conspiracy upon the part of any portion of the citizens of this country to. seize upon the capital and prevent the inauguration of the President elect,’’ the President submits that the number of troops assembled in this city is not large, as the reso- lution presupposes, its total amount being 653 men exclusive of the ma- rines, who are, of course, at the navy-yard as their appropriate station. ‘These troops were ordered here to act as a posse comitatus, in strict sub- ordination to the civil authority, for the purpose of preserving peace and order in the city of Washington should this be necessary before or at the period of the inauguration of the President elect. Since the date of the resolution Hon. Mr. Howard, from the select committee, has made a report to the House on this subject. It was thoroughly investigated by the committee, and although they have ex- pressed the opinion that the evidence before them does not prove the existence of a secret organization here or elsewhere hostile to the Gov- ernment that has for its object, upon its own responsibility, an attack upon the capital or any of the public property here, or an interruption of any of the functions of the Government, yet the House laid upon the table by a very large majority a resolution expressing the opinion ‘that the regular troops now in this city ought to be forthwith removed therefrom.'’ This of itself was a sufficient reason for not withdrawing the troops. But what was the duty of the President at the time the troops were ordered to this city? Ought he to have waited before this precautionary measure was adopted until he could obtain proof that a secret organization existed to seize the capital? In the language of the select committee, this was ‘‘in a time of high excitement consequent upon revolutionary events transpiring all around us, the very air filled with rumors and individuals indulging in the most extravagant expressions of fears and threats.’’ Under these and other circumstances, which I need not detail, but which appear in the testimony before the select committee, I was convinced that I ought to act. The safety of the immense amount of public property in this city and that of the archives of the Government, 103
failed to become a law. ‘The increase of the sum appropriated in the present bill over that in the bill of the last session, being within a fraction and I find that the bill involves an important principle, which if estab- lished by Congress may take large sums out of the Treasury. It appears that on the 1st day of April, 1858, John M. Hockaday entered into a contract with the Postmaster-General for transporting the mail on route No. 8911, from St. Joseph, Mo., by Fort Kearney, Nebraska Territory, and Fort Leavenworth, to Salt Lake City, for the sum of $190,000 per annum for a weekly service. The service was to commence on the 1st day of May, 1858, and to terminate on the 3oth November, 1860. By this contract the Postmaster-General reserved to himself the right ‘‘to reduce the service to semimonthly whenever the necessities of the public and the condition of affairs in the Territory of Utah may not require it more frequently.’’ And again: That the Postmaster-General may discontinue or curtail the service, in whole or in part, in order to place on the route a greater degree of service, or whenever the public interests require such discontinuance for any other cause, he allowing one month's extra pay on the amount of service dispensed with. On the 11th April, 1859, the Postmaster-General curtailed the service, which he had a clear right to do under the contract, to semimonthly, with an annual deduction of $65,000, leaving the compensation $125,000 for twenty-four trips per year instead of $190,000 for fifty-two trips. This curtailment was not to take effect till the 1st of July, 1859. At the time the contract was made it was expected that the army in Utah might be engaged in active operations, and hence the necessity of frequent communications between the War Department and that Terri- tory. The reservation of the power to curtail the service to semimonthly trips itself proves that the parties had in view the contingency of such curtailment ‘‘whenever the necessities of the public and the condition of affairs in the Territory of Utah may not require it more frequently."’ Before the Postmaster-General ordered this curtailment he had an interview with the Secretary of War upon the subject, in the course of which the Secretary agreed that a weekly mail to St. Joseph and Salt Lake City was no longer needed for the purposes of the Government— this, evidently, because the trouble in Utah had ended. Mr. Hockaday faithfully complied with his contract, and the full com- pensation was paid, at the rate of $190,000 per annum, up to the rst July, 1859, and ‘‘one month’s extra pay on the amount of service dis- pensed with,’’ according to the contract. Previous to that date, as has been already stated, on the 14th of April, 1859, the Postmaster-General curtailed the service to twice per month, and on the 11th May, 1859, Messrs. Hockaday & Co. assigned the con- tract to Jones, Russell & Co. for a bonus of $50,000. Their property
3203 Messages and Papers of the Presidents connected with the route was to be appraised, which was effected, and they received on this account about $94,000, making the whole amount about $144,000. There is no doubt that the contractors have sustained considerable loss in the whole transaction. ‘The amount I shall not pretend to decide, whether $40,000 or $59,576, or any other sum. It will be for Congress to consider whether the precedent established by this bill will not in effect annul all restrictions contained in the mail contracts enabling the Postmaster-General to reduce or curtail the postal service according to the public exigencies as they may arise. I have no other solicitude upon the subject. I am informed that there are many cases in the Fout-Ciflice Departisent depetiding pes! s> eee JAMES BUCHANAN, PROCLAMATION. By THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION, Whereas objects of interest to the United States require that the Sen- ate should be convened at 12 o’clock on the 4th of March next to receive and act upon such communications as may be made to it on the part of the Executive: Now, therefore, I, James Buchanan, President of the United States, have considered it to be my duty to issue this my proclamation, declar- ing that an extraordinary occasion requires the Senate of the United States to convene for the transaction of business at the Capitol, in the city of Washington, on the 4th day of March next, at 12 o'clock at noon on that day, of which all who shall at that time be entitled to act as members of that body are hereby required to take notice. Given under my hand and the seal of the United States, at Washing- ton, the r1th day of February, A. D, 1861, and of the Inde- pendence of the United States the eighty-fifth. JAMES BUCHANAN. [SRAL. ] By the President: J. S. Buack, Secretary of State. °
3203-A QUESTIONS. What were the provisions of the Clayton-Bulwer Treaty? Page 3170. What two directly opposite constructions were placed on the Clayton-Bulwer Treaty by its signatories? Page 2973. What precautionary measure did Buchanan suggest to pre- vent financial panics? Page 2972. When did a President recommend the passage of United States troops through a friendly neutral country, either with or without its consent, to reach an enemy beyond? Pages 3098, 3176. What constitutional amendment did Buchanan propose in order to avert the Civil War? Page 3169. When was the first Homestead Law passed? Page 3139. What were Buchanan’s reasons for vetoing the Agricultural College Land Bill? Page 3074. What did Mr. Forsyth declare were the only means by which American citizens might secure justice in Mexico? Page 3044. How does the Bank of England secure deposits and circu- lating medium? Page 2969.
SUGGESTIONS. Buchanan’s administration was embarrassed by a panic, follow- ing the inflation of currency. Page 2967. (See also Panics, Encyclopedic Index.) The preliminary rumblings of slavery troubles reached alarm- ing proportions. Pages 2962, 2981, 3028, 3084, 3157, 3186. John Brown’s raid took place. Opposite page 3071, and page 3072. (See Brown’s Insurrection, Encyclopedic Index.) See Dred Scott Case, Encyclopedic Index, and references. Read Buchanan’s discussion of secession. Pages 3159, 3186. Read Buchanan’s Foreign Policy. Pages 2966, 2998, 3037, 3041, 3066, 3089, 3092, 3173, 3177. NOTE. ‘For further suggestions on Buchanan’s administration, see Buchanan, James, Encyclopedic Index. By reading the Foreign Policy of each President, and by scan- ning the messages as to the state of the nation, a thorough knowl- edge of the history of the United States will be acquired from the most authentic sources; because, as has been said, “Each Presi- dent reviews the past, depicts the present and forecasts the future of the nation.” 8203-B
Abraham Lincoln March 4, 1861, to April 15, 1868 SEE ENCYCLOPEDIC INDEX. The Encyclopedic Index is not only an index to the other volumes, not only a key that unlocks the treasures of the entire publication, but it is in itself an alphabetically brief history or story of the great controlling events constituting the History of the United tates. Under its proper alphabetical classification the story is told of every great subject referred to by any of the Presidents in their official Messages, and at the end of each article the official utterances of the Presidents themselves are cited upon the subject, so that you may readily turn to the page in the body of the work itself for this original information. Next tot the possession of knowledge is the ability to turn at will to where knowledge is to be found.
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LINCOLN Tested by the standard of many other great men, Lincoln was not great, but tested by the only true standard of his own achievements, he may justly appear in history as one of the greatest American statesmen. Indeed, in some most essential attributes of greatness I doubt whether any of our public men ever equalled him. If there are yet any intelli- gent Americans who believe that Lincoln was an innocent, rural, un- sophisticated character, it is time that they should be undeceived. I venture the assertion, without fear of successful contradiction, that Abraham Lincoln was the most sagacious of all the public men of his day in either political party. He was, therefore, the master-politician of his time. He was not a politician as the term is now commonly applied and understood; he knew nothing about the countless methods which are employed in the details of political effort; but no man knew better, indeed, I think no man knew so well as he did, how to summon and dispose of political ability to attain great political results; and this work he performed with unfailing wisdom and discretion in every con- test for himself and for the country. _ Lincoln’s intellectual organization has been portrayed by many writers, but so widely at variance as to greatly confuse the general reader. Indeed, he was the most difficult of all men to analyze. He sought in- formation from every attainable source. He sought it persistently, weighed it earnestly, and in the end reached his own conclusions. When he had once reached a conclusion as to a public duty, there was no human power equal to the task of changing his purpose. He was self- reliant to an uncommon degree, and yet as entirely free from arrogance of opinion as any public man I have ever known. Unlike all Presidents who had preceded him, he came into office with- out a fixed and accepted policy. Civil war plunged the Government into new and most perplexing duties. But Lincoln waited patiently— waited until in the fullness of time the judgment of the people was ripened for action, and then, and then only, did Lincoln act. Had he done otherwise, he would have involved the country in fearful peril both at home and abroad, and it was his constant study of, and obedi- ence to, the honest judgment of the people of the Nation that saved the Republic and that enshrined him in history as the greatest of modern rulers. While Lincoln had little appreciation of himself as candidate for President as late as 1859, the dream of reaching the Presidency evidently took possession of him in the early part of 1860, and his efforts to advance himself as a candidate were singularly awkward and infelicitous. 3203-C
He had then no experience whatever as a leader of leaders, and it was not until he had made several discreditable blunders that he learned how much he must depend upon others if he would make himself President. There were no political movements of National importance during Lincoln’s Administration in which he did not actively, although often hiddenly, participate. It was Lincoln who finally, after the most con- clusive efforts to get Missouri into line with the Administration, effected a reconciliation of disputing parties which brought Brown and Hender- son into the Senate, and it was Lincoln who in 1863 took a leading part in attaining the declination of Curtin as a gubernatorial candidate that year. Abraham Lincoln was not a sentimental Abolitionist. Indeed, he was not a sentimentalist on any subject. He was a man of earnest convic- tion and of sublime devotion to his faith. In many of his public letters and state papers he was as poetic as he was epigrammatic, and he was singularly felicitous in the pathos that was so often interwoven with his irresistible logic. But he never contemplated the abolition of slavery until the events of the war not only made it clearly possible, but made it an imperious necessity. As the sworn Executive of the Nation, it was his duty to obey the Constitution in all its provisions, and he accepted that duty without reservation. He knew that slavery was the immediate cause of the political disturbance that culminated in civil war, and I know that he believed from the beginning that if war should be persisted in, it could end only in the severance of the Union or the destruction of slavery. His supreme desire was peace, alike before the war, during the war, and in closing the war. He exhausted every means within his power to teach the Southern people that slavery could not be disturbed by his Administration as long as they themselves obeyed the Constitution and laws which protected slavery, and he never uttered a word or did an act to justify, or even excuse, the South in assuming that he meant to make any warfare upon the institution of slavery be- yond protecting the free territories from its desolating tread. It was not until the war had been in progress for nearly two years that Lincoln decided to proclaim the policy of Emancipation, and then he was careful to assume the power as warranted under the Constitution only by the supreme necessities of war. There was no time from the inauguration of Lincoln until the 1st of January, 1863, that the South could not have returned to the Union with slavery intact in every State. MUR 3203-D
Mary Topp, born in Lexington, Ky., had from girlhood a supreme desire to become mistress of the White House, which, however, did not seem probable when she married Abraham Lincoln in 1842. She was short, attractive in appearance, inclined to stoutness, self possessed in manner, and would have enjoyed her high position had not the troublous events of the Rebellion pre- vented all festivities and converted the White House into a public institution. The death of her second son preyed sorely upon her, but when in 1865 her husband was assassinated, the shock was too great, and that, added to the blow of her youngest boy’s death soon after his father’s, partly unsettled her reason. Although she trav- eled much abroad, she never recovered, mentally or physically. She died of paralysis in her sis- ter’s home at Springfield, Ill, in 1882, and was interred in the Lincoln Monument vault with her hushand and children.
Abraham Lincoln ABRAHAM LINCOLN was born in Hardin County, Ky., February 12, 1809. His earliest ancestor in America was Samuel Lincoln, of Norwich, England, who settled in Hingham, Mass., where he died, leaving a son, Mordecai, whose son of the same name removed to Monmouth, N. J., and thence to Berks County, Pa., where he died in 1735. One of his sons, John, removed to Rockingham County, Va., and died there, leaving five sons, one of whom, named Abraham, emigrated to Kentucky about 1780. About 1784 he was killed by Indians, leaving three sons, Morde- cai, Josiah, and Thomas, and two daughters. ‘Their mother then located in Washington County, Ky., and there brought up her family. The youngest son, Thomas, learned the trade of a carpenter, and in 1806 mar- ried Nancy Hanks, a niece of the man with whom he learned his trade. They had three children, the second being Abraham, the future President of the United States. In 1816 Thomas Lincoln removed to Indiana, and settled on Little Pigeon Creek, not far distant from the Ohio River, where Abraham grew to manhood. He made the best use of his limited oppor- tunities to acquire an education and at the same time prepare himself for business. At the age of 19 years he was intrusted with a cargo of farm products, which he took to New Orleans and sold. In 1830 his father again emigrated, and located in Macon County, Ill. Abraham by this time had attained the unusual stature of 6 feet 4 inches, and was of great muscular strength; joined with his father in’ building his cabin, clearing the field, and splitting the rails for fencing the farm. It was not long, however, before his father again changed his bome, locating this time in Coles County, where he died in 1851 at the age of 73 years. Abraham left his father as soon as his farm was fenced and cleared and hired himself to a man named Denton Offutt, in Sangamon County, whom he assisted to build a flatboat; accompanied him to New Orleans on a trading voyage and returned with him to New Salem, Menard County, where Offutt opened a store for the sale of general merchandise. Mr. Lincoln remained with him for a time, during which he employed his leisure in constant reading and study. Learned the elements of English 3204
3205 Messages and Papers of the Presidents grammar and made a beginning in the study of surveying and the prin- ciples of law. But the next year an Indian war began, and Lincoln vyol- unteered in a company raised in Sangamon County and was immediately elected captain. His company was organized at Richland April 21, 1832; but his service in command of it was brief, for it was mustered out on May 27. Mr. Lincoln immediately reenlisted as a private and served for sev- eral weeks, being finally mustered out on June 16, 1832, by Lieutenant Robert Anderson, who afterwards commanded Fort Sumter at the begin- ning of the civil war. He returned to his home and made a brief but active canvass for the legislature, but was defeated. At this time he thought seriously of learning the blacksmith’s trade, but an opportunity was offered him to buy a store, which he did, giving his notes for the purchase money. He was unfortunate in his selection of a partner, and the business soon went to wreck, leaving him burdened with a heavy debt, which he finally paid in full. He then applied himself earnestly to the study of the law. Was appointed postmaster of New Salem in 1833, and filled the office for three years. At the same time was appointed deputy county surveyor. In 1834 was elected to the legislature, and was reelected in 1836, 1838, and 1840, after which he declined further election. In his last two terms he was the candidate of his party for the speakership of the house of representatives. In 1837 removed to Springfield, where he entered into partnership with John T. Stuart and began the practice of the law. November 4, 1842, married Miss Mary Todd, daughter of Robert S. Todd, of Kentucky. In 1846 was elected to Congress over Rev. Peter Cartwright. Served only one term, and was not a candidate for reelection. While a member he advocated the abolition of slavery in the District of Columbia. Was an unsuccessful applicant for Commis- sioner of the General Land Office under President Taylor; was tendered the office of governor of Oregon Territory, which he declined. Was an able and influential exponent of the principles of the Whig party in Illinois, and did active campaign work. Was voted for by the Whig minority in the State legislature for United States Senator in 1855. As soon as the Republican party was fully organized throughout the coun- try he became its leader in Illinois, In 1858 he was chosen by his party to oppose Stephen A. Douglas for the Senate, and challenged him to a joint debate. The challenge was accepted, and a most exciting de- bate followed, which attracted national attention. The legislature chosen was favorable to Mr. Douglas, and he was elected. In May, 1860, when the Republican convention met in Chicago, Mr. Lincoln was nominated for the Presidency, on the third ballot, over William H. Seward, who was his principal competitor. Was elected on November 6, receiving 180 electoral votes to 72 for John C. Breckinridge, 39 for John Bell, and 12 for Stephen A. Douglas. Was inaugurated March 4, 1861. On June 8, 1864, was unanimously renominated for the Presidency by the Repub- lican convention at Baltimore, and at the election in November received |
Abraham Lincoln 3206 212 electoral votes to 21 for General McClellan. Was inaugurated for his second term March 4, 1865. Was shot by John Wilkes Booth at Ford’s Theater, in Washington, April 14, 1865, and died the next day. Was buried at Oak Ridge, near Springfield, Ill. FIRST INAUGURAL ADDRESS. Fellow-Citizens of the United States: In compliance with a custom as old as the Government itself, I appear before you to address you briefly and to take in your presence the oath prescribed by the Constitution of the United States to be taken by the President ‘‘ before he enters on the execution of his office.”’ I do not consider it necessary at present for me to discuss those matters of administration about which there is no special anxiety or excitement. Apprehension seems to exist among the people of the Southern States that by the accession of a Republican Administration their property and their peace and personal security are to be endangered. ‘There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. Ido but quote from one of those speeches when I declare that— I haye no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so,and I have no inclination to do so. Those who nominated and elected me did so with full knowledge that I had made this and many similar declarations and had never recanted them; and more than this, they placed in the platform for my acceptance, and as a law to themselves and to me, the clear and emphatic resolution which I now read: Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes. I now reiterate these sentiments, and in doing so I only press upon the public attention the most conclusive evidence of which the case is sus- ceptible that the property, peace, and security of no section are to be in any wise endangered by the now incoming Administration. I add, too, that all the protection which, consistently with the Constitution and the
Ses Pape biker geet sek gocilians abies: i deeb die Federal Union, heretofore oniy menaced, is now formidably attempted. I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not ex- pressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provi- sions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in Again: If the United States be not a government proper, but an asso- ciation of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it? Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was ma- tured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Con- federation in 1778. And finally, in 1787, one of the declared objects for ” ordaining and establishing the Constitution was ‘‘/o form a more perfect Union. But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is /ess perfect than before the Constitu- tion, having lost the vital element of perpetuity. It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolu- tionary, according to circumstances. I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part, and I shall perform it so far as practi- cable unless my rightful masters, the American people, shall withhold the requisite means or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it w// constitutionally defend and maintain itself. In doing this there needs to be no bloodshed or violence, and there shall be none unless it be forced upon the national authority. The 4
3209 Messages and Papers of the Presidents power confided to me will be used to hold, occupy, and possess the prop- erty and places belonging to the Government and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people any- where. Where hostility to the United States in any interior locality shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict | may exist in the Government to enforce the exercise of tele OSHRaEE attempt to do so would be so irritating and so nearly impracticable withal that I deem it better to forego for the time the uses of such offices, The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible the people everywhere shall have that sense of perfect security which is most favorable to calm thought and teflection. The course here indicated will be followed unless current events and experience shall show a modification or change to be proper, and in every case and exigency my best discretion will be exercised, according to circumstances actually existing and with a view and a hope of a peaceful solution of the national troubles and the restoration of fraternal sympathies and affections. That there are persons in one section or another who seek to destroy the Union at all events and are glad of any pretext to do it I will neither affirm nor deny; but if there be such, I need address no word to them, To those, however, who really love the Union may I not speak? Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step while there is any possibility that any portion of the ills you fly from have no real existence? Will you, while the certain ills you fly to are greater than all the real ones you fly from, will you risk the commission of so fearful a mistake? All profess to be content in the Union if all constitutional rights can be maintained. Is it true, then, that any right plainly written in the Constitution has been denied? Ithink not. Happily, the human mind is so constituted that no party can reach to the audacity of doing this, Think, if you can, of a single instance in which a plainly written provi- sion of the Constitution has ever been denied. If by the mere force of numbers a majority should deprive a minority of any clearly written con- stitutional right, it might in a moral point of view justify revolution; certainly would if such right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties and prohibitions, in the Constitution that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No fore-
Abraham Lincoln 3210 sight can anticipate nor any document of reasonable length contain ex- press provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say, ay Congress prohibit slavery in the Territories? The Constitution does not expressly say. ust Congress protect slavery in the Territories? The Constitution does not expressly say. From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the Government must cease. There is no other alternative, for continuing the Government is acquies- cence on one side or the other. If a minority in such case will secede rather than acquiesce, they make a precedent which in turn will divide and ruin them, for a minority of their own will secede from them when- ever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy a year or two hence arbi- trarily secede again, precisely as portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this. Is there such perfect identity of interests among the States to compose a new union as to produce harmony only and prevent renewed secession ? Plainly the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of afree people. Whoever rejects it does of necessity fly to anarchy or to despotism. Unanimity is impos- sible. The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despo- tism in some form is all that is left. I do not forget the position assumed by some that constitutional ques- tions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Gov- ernment. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own tulers, having to that extent practically resigned their Government into the handsof that eminent tribunal. Nor istherein this view any assault upon the court or the judges. It is a duty from which they may not
Abraham Lincoln ; 3212 that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I havesaid, I depart from my purpose not to speak of particular amendments so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable. The Chief Magistrate derives all his authority from the people, and they have conferred none upon him to fix terms for the separation of the States. The people themselves can do this also if they choose, but the Executive as such has nothing to do with it. His duty is to administer the present Government as it came to his hands and to trans- Why should there not be a patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world? In our present differences, is either party without faith of being in the right? If the Almighty Ruler of Nations, with His eternal truth and justice, be on your side of the North, or on yours of the South, that truth and that justice will surely prevail by the judgment of this great tribunal of the American people. By the frame of the Government under which we live this same peo- ple have wisely given their public servants but little power for mischief, and have with equal wisdom provided for the return of that little to their own hands at very short intervals. While the people retain their vir- tue and vigilance no Administration by any extreme of wickedness or folly can very seriously injure the Government in the short space of four years. My countrymen, one and all, think calmly and well upon this whole subject. Nothing valuable can be lost by taking time. If there be an object to Aurry any of you in hot haste to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it. Such of you as are now dissatisfied still have the old Constitution unimpaired, and, on the sensitive point, the laws of your own framing under it; while the new Administration will have no immediate power, if it would, to change either. If it were admitted that you who are dissatisfied hold the right side in the dispute, there still is no single good reason for precipitate action, Intelligence, patriotism, Christianity, and a firm reliance on Him who has never yet forsaken this favored land are still competent to adjust in the best way all our present difficulty. In your hands, my dissatisfied fellow-countrymen, and not in mne, is the momentous issue of civil war. The Government will not assail you. You can have noconflict without being yourselves the aggressors, You have no oath registered in heaven to destroy the Government, while 7 shall have the most solemn one to ‘‘preserve, protect, and defend it.’’ Iam loath to close. We are not enemies, but friends. We must not
BOMBARDMENT OF FORT SUMTER. The story of the bombardment and fall of Fort Sumter is best told by Abraham Lincoln (page 3221). In fact, his messages form the most remark- able treatise ever written on the moral aspect of the great conflict. “Judged by the loss of life, no battle could be more insignificant,” says Rhodes. “Not a man on either side was killed. Judged by the train of events which ensued, few contests in our history have been more momentous.” “The people of the North,” he continues, “to the last praying and hoping that actual hostilities might be averted, were profoundly moved. . *. oo. With excitement and with sorrow they followed the course of the bombardment; with stern determination their minds accepted the policy which this grave event portended, and when on Monday, April 15, 1861, they read of the President’s ,call for 75,000 militia . . . they gave with one voice their approval of the policy foreshadowed, and rose almost as one man to the support of their chief magistrate.” No commencement of hostilities could have better suited Lincoln. He had avoided striking the first blow; so had Davis; but Davis’s subordinates blundered and “at the darkest moment in the history of the republic,” said Emerson, “when it looked as if the Nation would be dismembered, pulverized into its original elements, the attack on Fort Sumter crystallized the North into a unit, and the hope of mankind was saved.” See the article entitled “Fort Sumter (S. C.), Fired on,” in the Encyclopedic Index. During all the bombardment, the flag was not hit, and remained flying exultantly and defiantly above the smoke of battle.
Abraham Lincoln 3214 On examining the correspondence thus called for I have, with the highest respect for the Senate, come to the conclusion that at the present moment the publication of it would be inexpedient. ABRAHAM LINCOLN. PROCLAMATIONS. By THE PRESIDENT OF tHE UNITED STATES. A PROCLAMATION. Whereas the laws of the United States have been for some time past — and now are opposed and the execution thereof obstructed in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas by combinations too powerful to be suppressed by the ordi- nary course of judicial proceedings or by the powers vested in the mar- shals by law: Now, therefore, I, Abraham Lincoln, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union to the aggregate number of 75,000, in order to suppress said combinations and to cause the laws to be duly executed. The details for this object will be immediately communicated to the State authorities through the War Department. I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union and the perpetuity of popular government and to redress wrongs already long enough endured. I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of or interference with prop- erty, or any disturbance of peaceful citizens in any part of the country. And I hereby command the persons composing the combinations afore- said to disperse and retire peaceably to their respective abodes within twenty days from this date. Deeming that the present condition of public affairs presents an ex- traordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress. Senators and Representatives are therefore summoned to assemble at their respective chambers at 12 o'clock noon on Thursday, the 4th day of July next, then and there to consider and determine such measures as, in their wis- dom, the public safety and interest may seem to demand.
Abraham Lincoln 3216 And I hereby proclaim and declare that if any person, under the pre- tended authority of the said States or under any other pretense, shall molest a vessel of the United States or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. [sma] Done at the city of Washington, this 19th day of April, A. D, 1861, and of the Independence of the United States the mepllesese ABRAHAM LINCOLN. By the President: Wuuiam H. Sewarp, Secretary of State. By THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas, for the reasons assigned in my proclamation of the roth instant, a blockade of the ports of the States of South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, and Texas was ordered to be established; and Whereas since that date public property of the United States has been seized, the collection of the revenue obstructed, and duly commissioned officers of the United States, while engaged in executing the orders of their superiors, have been arrested and held in custody as prisoners or have been impeded in the discharge of their official duties, without due legal process, by persons claiming to act under authorities of the States of Virginia and North Carolina, an efficient blockade of the ports of those States will also be established. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. [sear] Done at the city of Washington, this 27th day of April, A. D. 1861, and of the Independence of the United States the eighty-fifth. ABRAHAM LINCOLN. By the President: Wim H, Sewarp, Secretary of State, By THE PRESIDENT OF THE Unrrep STATES. A PROCLAMATION. Whereas existing exigencies demand immediate and adequate measures for the protection of the National Constitution and the preservation of the National Union by the suppression of the insurrectionary combinations now existing in several States for opposing the laws of the Union and
3217 Messages and Papers of the Presidents obstructing the execution thereof, to which end a military force in ad- dition to that called forth by my proclamation of the 15th day of April in the present year appears to be indispensably necessary : Now, therefore, I, Abraham Lincoln, President of the United States and Commander in Chief of the Army and Navy thereof and of the militia of the several States when called into actual service, do hereby call into the service of the United States 42,034 volunteers to serve for the period of three years, unless sooner discharged, and to be mustered into service as infantry and cavalry. ‘The proportions of each arm and the details of enrollment and organization will be made known through the Department of War. And I also direct that the Regular Army of the United States be in- creased by the addition of eight regiments of infantry, one regiment of cavalry, and one regiment of artillery, making altogether a maximum aggregate increase of 22,714 officers and enlisted men, the details of which increase will also be made known through the Department of War. And I further direct the enlistment for not less than one or more than three years of 18,000 seamen, in addition to the present force, for the naval service of the United States. The details of the enlistment and organization will be made known through the Department of the Navy. The call for volunteers hereby made and the direction for the increase of the Regular Army and for the enlistment of seamen hereby given, together with the plan of organization adopted for the volunteer and for the regular forces hereby authorized, will be submitted to Congress as ~ soon as assembled. In the meantime I earnestly invoke the cooperation of all good citi- zens in the measures hereby adopted for the effectual suppression of unlawful violence, for the impartial enforcement of constitutional laws, and for the speediest possible restoration of peace and order, and with these of happiness and prosperity, throughout our country, In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this 3d day of May, A. D. 1861, and of the Independence of the United States the eighty- fifth. ABRAHAM LINCOLN. By the President: Wii11aM H. Sewarp, Secretary of State, [seat..] By THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION, Whereas an insurrection exists in the State of Florida by which the lives, liberty, and property of loyal citizens of the United States are endangered; and Whereas it is deemed proper that all needful measures should be taken
Abraham Lincoln 3218 for the protection of such citizens and all officers of the United States in the discharge of their public duties in the State aforesaid: Now, therefore, be it known that I, Abraham Lincoln, President of the United States, do hereby direct the commander of the forces of the United States on the Florida coast to permit no person to exercise any office or authority upon the islands of Key West, the Tortugas, and Santa Rosa which may be inconsistent with the laws and Constitution of the United States, authorizing him at the same time, if he shall find it necessary, to suspend there the writ of habeas corpus and to remove from the vicinity of the United States fortresses all dangerous or sus- pected persons. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this roth day of May, A. D. 1861, and of the Independence of the United States the eighty- fifth. ABRAHAM LINCOLN. [szau.] By the President: Wiiuiam H. Sewarp, Secretary of State. EXECUTIVE ORDERS. Lieutenant-General Scorr. WASHINGTON, April 25, 1861. My Deas Sr: The’ Maryland legislature assembles to-morrow at: Annapolis, and not improbably will take action to arm the people of that State against the United States. The question has been submitted to and considered by me whether it would not be justifiable, upon the ground of necessary defense, for you, as General in Chief of the United States Army, to arrest or disperse the members of that body. I think it would not be justifiable nor efficient for the desired object. First. They have a clearly legal right to assemble, and we can not know in advance that their action will not be lawful and peaceful, and if we wait until they shall have acted their arrest or dispersion will not lessen the effect of their action. Secondly. We can not permanently prevent their action. If we arrest them, we can not long hold them as prisoners, and when liberated they will immediately’ reassemble and take their action; and precisely the same if we simply disperse them—they will immediately reassemble in some other I therefore conclude that it is only left to the Commanding General to watch and await their action, which, if it shall be to arm their people
3219 Messages and Papers of the Presidents . against the United States, he is to adopt the most prompt and efficient means to counteract, even, if necessary, to the bombardment of their cities and, in the extremest necessity, the suspension of the writ of habeas corpus. Your obedient servant, ABRAHAM LINCOLN. The CoMMANDING GENERAL OF THE ARMY OF THE UNITED STATES: You are engaged in suppressing an insurrection against the laws of the United States. If at any point on or in the vicinity of any military line which is now or which shall be used between the. city of Philadelphia and the city of Washington you find resistance which renders it neces- sary to suspend the writ of Aadeas corpus for the public safety, you per- sonally, or through the officer in command at the point where resistance occurs, are authorized -to suspend that writ. Given under my hand and the seal of the United States, at the city [sear] of Washington, this 27th day of April, 1861, and of the Inde- pendence of the United States the eighty-fifth. ABRAHAM LINCOLN. By the President of the United States: Wu.1aM H. SEWARD, Secretary of State. General Orpers, No. 13. War DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, Washington, April 30, 1861. The President directs that all officers of the Army, except those who have entered the service since the 1st instant, take and subscribe anew the oath of allegiance to the United States of America, as set forth in the tenth article of war. Commanding officers will see to the prompt execution of this order, and report accordingly. By order: L. THOMAS, Adjutant-General, To all who shall see these presents, greeting: Know ye that, reposing special trust and confidence in the patriotism, valor, fidelity, and ability of Colonel Robert Anderson, United States Army, I have empowered him, and do hereby empower him, to receive into the Army of the United States as many regiments of volunteer troops from the State of Kentucky and from the western part of the State of Virginia as shall be willing to engage in the service of the United States
Abraham Lincoln 3220 for the term of three years upon the terms and according to the plan proposed by the proclamation of May 3, 1861, and General Orders, No. 15, from the War Department, of May 4, 1861. The troops whom he receives shall be on the same footing in every respect as those of the like kind called for in the proclamation above cited, except that the officers shall be commissioned by the United States. He is therefore carefully and diligently to discharge the duty hereby devolved upon him by doing and performing all manner of things there- tnto belonging. Given under my hand, at the city of Washington, this 7th day of May, A. D. 1861, and in the eighty-fifth year of the Independence of the United States. ABRAHAM LINCOLN. By the President: SIMON CAMERON, Secretary of War. STATE DEPARTMENT, June 20, 186F. The LIzUTENANT-GENERAL COMMANDING THE ARMIES OF THE UNITED STATES: You or any officer you may designate will, in your discretion, suspend the writ of habeas corpus so far as may relate to. Major Chase, lately of the Engineer Corps of the Army of the United States, now alleged to be guilty of treasonable practices against this Government. ABRAHAM LINCOLN. By the President: Wii11am H. SEWARD. ‘The ComMMANDING GENERAL, ARMY OF THE UNITED STATES: You are engaged in suppressing an insurrection against the laws of the United States. If at any point on or in the vicinity of any military line which is now or which shall be used between the city of New York and the city of Washington you find resistance which renders it neces- sary to suspend the writ of Aadeas corpus for the public safety, you per- sonally, or through the officer in command at the point where resistance occurs, are authorized to suspend that writ. Given under my hand and the seal of the United States, at the city of Washington, this 2d day of July, A. D. 1861, and of the Independence of the United States the eighty-fifth. ABRAHAM LINCOLN. [SEAL ] By the President: Wii11am H. SEWARD, Secretary of State.
3221 Messages and Papers of the Presidents SPECIAL SESSION MESSAGE. Juty 4, 1861. Fellow-Citizens of the Senate and House of Representatives: Having been convened on an extraordinary occasion, as authorized by the Constitution, your attention is not called to any ordinary subject of legislation. At the beginning of the present Presidential term, four months ago, the functions of the Federal Government were found to be generally sus- pended within the several States of South Carolina, Georgia, Alabama, Within these States all the forts, arsenals, dockyards, custom-houses, and the like, including the movable and stationary property in and about them, had been seized and were held in open hostility to this Govern- ment, excepting only Forts Pickens, Taylor, and Jefferson, on and near the Florida coast, and Fort Sumter, in Charleston Harbor, South Caro- lina. ‘The forts thus seized had been put in improved condition, new ones had been built, and armed forces had been organized and were organ- izing, all avowedly with the same hostile purpose. The forts remaining in the possession of the Federal Government in and near these States were either besieged or menaced by warlike prep- arations, and especially Fort Sumter was nearly surrounded by well-pro- tected hostile batteries, with guns equal in quality to the best of its own and outnumbering the latter as perhaps ten to one. A disproportionate share of the Federal muskets and rifles had somehow found their way into these States, and had been seized to be used against the Government. Accumulations of the public revenue lying within them had been seized for the same object. The Navy was scattered in distant seas, leaving but a very small part of it within the immediate reach of the Govern- ment. Officers of the Federal Army and Navy had resigned in great numbers, and of those resigning a large proportion had taken up arms against the Government. Simultaneously and in connection with all this the purpose to sever the Federal Union was openly avowed. In accord- ance with this purpose, an ordinance had been adopted in each of these States declaring the States respectively to be separated from the National Union. A formula for instituting a combined government of these States had been promulgated, and this illegal organization, in the character of Confederate States, was already invoking recognition, aid, and interven- tion from foreign powers. Finding this condition of things and believing it to be an imperative duty upon the incoming Executive to prevent, if possible, the consumma- tion of such attempt to destroy the Federal Union, a choice of means to
Abraham Lincoln 3222 that end becameindispensable. This choice was made, and was declared in the inaugural address. The policy chosen looked to the exhaustion of all peaceful measures before a resort to any stronger ones. It sought only to hold the public places and property not already wrested from the Government and to collect the revenue, relying for the rest on time, discussion, and the ballot box. It promised a continuance of the mails at Government expense to the very people who were resisting the Gov- ernment, and it gave repeated pledges against any disturbance to any of the people or any of their rights. Ofall that which a President might con- stitutionally and justifiably do in such a case, everything was forborne without which it was believed possible to keep the Government on foot. On the 5th of March, the present incumbent’s first full day in office, a letter of Major Anderson, commanding at Fort Sumter, written on the 28th of February and received at the War Department on the 4th of March, was by that Department placed in his hands. This letter ex- pressed the professional opinion of the writer that reenforcements could not be thrown into that fort within the time for his relief rendered nec- essary by the limited supply of provisions, and with a view of holding possession of the same, with a force of less than 20,000 good and well- disciplined men. This opinion was concurred in by all the officers of his command, and their memoranda on the subject were made inclosures of Major Anderson’s letter, The whole was immediately laid before Lieu- tenant-General Scott, who at once concurred with Major Anderson in opinion, On reflection, however, he took full time, consulting with other officers, both of the Army and the Navy, and at the end of four days came reluctantly, but decidedly, to the same conclusion as before. He also stated at the same time that no such sufficient force was then at the con- trol of the Government or could be raised and brought to the ground within the time when the provisions in the fort would be exhausted. In a purely military point of view this reduced the duty of the Administra- tion in the case to the mere matter of getting the garrison safely out of the fort. It was believed, however, that to so abandon that position under the circumstances would be utterly ruinous; that the mecessity under which it was to be done would not be fully understood; that by many it would be construed as a part of a voluntary policy; that at home it would dis- courage the friends of the Union, embolden its adversaries, and go far to insure to the latter a recognition abroad; that, in fact, it would be our national destruction consummated. ‘This could not be allowed. Star- vation was not yet upon the garrison, and ere it would be reached Fort Pickens might be reenforced. This last would be a clear indication of policy, and would better enable the country to accept the evacuation of Fort Sumter as a military necessity. An order was at once directed to be sent for the landing of the troops from the steamship Brooklyn into Fort Pickens. This order could not go by land but must take the longer and
ready to give that protection in whatever was lawful. In this act, dis- carding all else, they have forced upon the country the distinct issue, ‘*Immediate dissolution or blood.’’ And this issue embraces more than the fate of these United States, It presents to the whole family of man the question whether a constitu- tional republic, or democracy—a government of the people by the same people—can or can not maintain its territorial integrity against its own domestic foes. It presents the question whether discontented individuals, too few in numbers to control administration according to organic law in any case, can always, upon the pretenses made in this case, or on any other pretenses, or arbitrarily without any pretense, break up their gov- ernment, and thus practically put an end to free government upon the earth. It forces us to ask, Is there in all republics this inherent and fatal weakness? Must a government of necessity be too s¢rong for the liberties of its own people, or too weak to maintain its own existence? So viewing the issue, no choice was left but to call out the war power pee Corparauntet ais8 at STs BC SGI IAL BO OR ere force for its preservation. ‘The call was made, sd: Geen ol Can eect ala oT ing, surpassing in unanimity and spirit the most sanguine expectation. Yet none of the States commonly called slave States, except Delaware, gave a regiment through regular State organization. A few regiments enterprise and received into the Government service. Of course the seceded States, so called (and to which Texas had been joined about the time of the inauguration), gave no troops to the cause of the Union. The border States, so called, were not uniform in their action, some of them being almost for the Union, while in others, as Virginia, North Car- olina, Tennessee, and Arkansas, the Union sentiment was nearly repressed and silenced. The course taken in Virginia was the most remarkable, perhaps the most important. A convention elected by the people of that State to consider this very question of disrupting the Federal Union was in session at the capital of Virginia when Fort Sumter fell. To this body the people had chosen a large majority of Arofessed Union men. Almost immediately after the fall of Sumter many members of that major- ity went over to the original disunion minority, and with them adopted an ordinance for withdrawing the State from the Union. Whether this change was wrought by their great approval of the assault upon Sumter or their great resentment at the Government’s resistance to that assault is not definitely known. Although they submitted the ordinance for rat- ification to a vote of the pesple, to be taken on a day then somewhat more than a month distant, the convention, and the legislature (which was also in session at the same time and place), with leading men of the State not members of either, immediately commenced acting as if the State were already out ofthe Union. ‘They pushed military preparations
3225 Messages and Papers of the Presidents vigorously forward all over the State. They seized the United States armory at Harpers Ferry and the navy-yard at Gosport, near Norfolk. They received—perhaps invited—into their State large bodies of troops, with their warlike appointments, from the so-called seceded States. They formally entered into a treaty of temporary alliance and cooperation with the so-called ‘‘ Confederate States,’’ and sent members to their congress at Montgomery; and, finally, they permitted the insurrectionary govern- ment to be transferred to their capital at Richmond. The people of Virginia have thus allowed this giant insurrection to make its nest within her borders, and this Government has no choice left but to deal with it where it finds it; and it has the less regret, as the loyal citizens have in due form claimed its protection. Those loyal citizens this Government is bound to recognize and protect, as being Virginia. In the border States, so called—in fact, the Middle States—there are those who favor a policy which they call ‘‘armed neutrality;’’ that is, an arming of those States to prevent the Union forces passing one way or the disunion the other over their soil. This would be disunion com- pleted. Figuratively speaking, it would be the building of an impassable wall along the line of separation, and yet not quite an impassable one, for, under the guise of neutrality, it would tie the hands of the Union men and freely pass supplies from among them to the insurrectionists, which it could not do as an open enemy, At a stroke it would take all the trouble off the hands of secession, except only what proceeds from the external blockade. It would do for the disunionists that which of all things they most desire—feed them well and give them disunion without a struggle of their own. It recognizes no fidelity to the Constitution, no obligation to maintain the Union; and while very many who have favored it are doubtless loyal citizens, it is, nevertheless, very injurious in effect. Recurring to the action of the Government, it may be stated that at first a call was made for 75,000 militia, and rapidly following this a proc- lamation was issued for closing the ports of the insurrectionary districts by proceedings in the nature of blockade. So far all was believed to be strictly legal. At this point the insurrectionists announced their purpose to enter upon the practice of privateering. Other calls were made for volunteers to serve three years unless sooner discharged, and also for large additions to the Regular Army and Navy. ‘These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity, trusting then, as now, that Congress would readily ratify them. It is believed that nothing has been done beyond the constitutional competency of Congress. Soon after the first call for militia it was considered a duty to authorize the Commanding General in proper cases, according to his discretion, to
_ Abraham Lincoln 3226 suspend the privilege of the writ of Aabeas corpus, or, in other words, to arrest and detain without resort to the ordinary processes and forms of law such individuals as he might deem dangerous to the public safety. This authority has purposely been exercised but very sparingly. Never- theless, the legality and propriety of what has been done under it are questioned, and the attention of the country has been called to the prop- osition that one who is sworn to ‘ take care that the laws be faithfully executed’’ should not himself violate them. Of course some considera- tion was given to the questions of power and propriety before this matter was acted upon. The whole of the laws which were required to be faith- fully executed were being resisted and failing of execution in nearly one- third of the States. Must they be allowed to finally fail of execution, even had it been perfectly clear that by the use of the means necessary to their execution some single law, made in such extreme tenderness of the citizen’s liberty that practically it relieves more of the guilty than of the innocent, should to a very limited extent be violated? ‘To state the question more directly, Are all the laws du¢ one to go unexecuted, and the Government itself go to pieces lest that one be violated? Even in such a case, would not the official oath be broken if the Government should be overthrown when it was believed that disregarding the single law would tend to preserve it? But it was not believed that this ques- tion was presented. It was not believed that any law was violated. The provision of the Constitution that ‘‘the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it’’ is equivalent to a provision—is a provi- sion—that such privilege may be suspended when, in cases of rebellion or invasion, the public safety does require it. It was decided that we have a case of rebellion and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made. Now it is insisted that Congress, and not the Executive, is vested with this power; but the Constitution itself is silent as to which or who is to exercise the power; and as the provision was plainly made for a dan- gerous emergency, it can not be believed the framers of the instrument intended that in every case the danger should run its course until Con- gress could be called together, the very assembling of which might be prevented, as was intended in this case, by the rebellion. No more extended argument is now offered, as an opinion at some length will probably be presented by the Attorney-General. Whether there shall be any legislation upon the subject, and, if any, what, is sub- mitted entirely to the better judgment of Congress. The forbearance of this Government had been so extraordinary and so long continued as to lead some foreign nations to shape their action as if they supposed the early destruction of our National Union was proba- ble. While this on discovery gave the Executive some concern, he is now happy to say that the sovereignty and rights of the United States
SEE 7 — Abraham Lincoln 3228 only for just cause, themselves to be the sole judge of its justice, is too thin to merit any notice. With rebellion thus sugar coated they have been drugging the public mind of their section for more than thirty years, and until at length they have brought many good men to a willingness to take up arms against the Government the day after some assemblage of men have enacted the farcical pretense of taking their State out of the Union who could have been brought to no such thing the day defore. This sophism derives much, perhaps the whole, of its currency from the assumption that there is some omnipotent and sacred supremacy pertaining to a Sfate—to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution, no one of them ever having been a State oud of the Union. The original ones passed into the Union even defore they cast off their British colonial dependence, and the new ones each came into the Union directly from a condition of dependence, excepting Texas; and even Texas, in its temporary independence, was never designated a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. ‘Therein the ‘‘ United Colonies’’ were declared to be ‘‘ free and independent States ;’’ but even then the object plainly was not to declare their independence of one another or of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterwards abundantly show. ‘The express plighting of faith by each and all of the original thirteen in the Articles of Confederation, two years later, that the Union shall be perpetual is most conclusive. Having never been States, either in substance or in name, outside of the Union, whence this magical omnipotence of ‘‘State rights,’’ asserting a claim of power to lawfully destroy the Union itself? Much is said about the ‘‘ sovereignty ’’ of the States, but the word even is not in the National Constitution, nor, as is believed, in any of the State constitutions. What isa ‘‘ sovereignty’’ in the political sense of the term? Would it be far wrong to define it ‘‘a political community with- out a political superior”? Tested by this, no one of our States, except Texas, ever was a sovereignty; and even Texas gave up the character on coming into the Union, by which act she acknowledged the Constitution of the United States and the laws and treaties of the United States made in pursuance of the Constitution to be for her the supreme law of the land. ‘The States have their status in the Union, and they have no other legal status, If they break from this, they can only do so against law and by revolution. The Union, and not themselves separately, procured their independence and their liberty. By conquest or purchase the Union gave each of them whatever of independence and liberty it has, The Union is older than any of the States, and, in fact, it created them as States. Originally some dependent colonies made the Union, and in
3229 Messages and Papers of the Presidents turn the Union threw off their old dependence for them and made them States, such asthey are. Not one of them ever had a State constitution independent of the Union. Of course it is not forgotten that all the new States framed their constitutions before they entered the Union, never- theless dependent upon and preparatory to coming into the Union. Unquestionably the States have the powers and rights reserved to them in and by the National Constitution; but among these surely are not included all conceivable powers, however mischievous or destructive, but at most such only as were known in the world at the time as govern- mental powers; and certainly a power to destroy the Government itself had never been known as a governmental—as a merely administrative power. ‘This relative matter of national power and State rights, as a principle, is no other than the principle of generality and locality. What- ever concerns the whole should be confided to the whole—to the General Government—while whatever concerns only the State should be left exclusively to the State. This is all there is of original principle about it. Whether the National Constitution in defining boundaries between the two has applied the principle with exact accuracy is not to be ques- tioned. We are all bound by that defining without question. What is now combated is the position that secession is consistent with the Constitution—is /aw/fu/ and peaceful. It is not contended that there is any express law for it, and nothing should ever be implied as law which leads to unjust or absurd consequences. The nation purchased with money the countries out of which several of these States were formed. Is it just that they shall go off without leave and without refunding? ‘The nation paid very large sums (in the aggregate, I believe, nearly a hundred millions) to relieve Florida of the aboriginal tribes. Is it just that she shall now be off without consent or without making anyreturn? ‘The nation is now in debt for money applied to the benefit of these so-called seceding States in common with the rest. Is it just either that creditors shall go unpaid or the remaining States pay the whole? A part of the present national debt was contracted to pay the old debts of Texas. Is it just that she shall leave and pay no part of this herself? Again: If one State may secede, so may another; and when all shall have seceded none is léft to pay the debts. Is this quite just to cred- itors? Did we notify them of this sage view of ours when we borrowed their money? If we now recognize this doctrine by allowing the seceders to go in peace, it is difficult to see what we can do if others choose to go or to extort terms upon which they will promise to remain. The seceders insist that our Constitution admits of secession. They have assumed to make a national constitution of their own, in which of necessity they have either discarded or retained the right of secession, as they insist it exists in ours. If they have discarded it, they thereby admit that on principle it ought not to bein ours. If they have retained
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