The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-05

quteuOu, ike everything HuHldn, Will nave tt
day. firmly believe that il has alread,
reached and passed the eliminating point
But IT, In the midst Of the existing ex
element, the Unin shall perish, the evil may ther
become irreparab.e Congress can contr,but,
much to avert il by proposing and recommending
TO the Legislatures OF The severaiStates the remedy
for existing evils, viii ch the constitution has tsei
provided for its own preservation This has beer
tired at different critical pe RODS OF our history ant
always with eminent success. L. Is TO ne found il
the nth article providing for its own amendment
Under this article ndn.e ats have Seen proposed
py two-thirds OF both houses OF Congress and have
peen ratified ny the Legislatures OF taree-fourths
Of the several States" aud have consequently be
come parts OF the constturioH. To thu process
the country Is inaebted for the clause prohibiting
Congress f-om passing any law respecting an es.
tabl'shment Of religion or abfidgias the freedom OF
speech or OF the press, or OF the rsxht Of petition
To this also indebted for tas Bill OF Rights
which secures the people against any abuse o,
power by the federal government. 3nch were the
apprehensions justly entertained by the friends
OF state rights at that period az to huve rendered
Mexuemely doubtful whether the consultation could
have long survived without these amendments.
Again, the constitution was amended by th:
sane process after the election of President Jeffer
son by the House OF Represen tahves, in February
1908. This amendment was rendered necessary TO
prevent q recurrence OF the dangers which had
seriously threatened the existence OF the govern
ment during the pendency of that electica. The
article for It's own amenoment was intended to Sc
cure the amicabe adjustment of conflicting :onsti-
tutional questions like the present, which might
arise between the governments of the Statan and
that OF the United States. This appears froE, con
temporane0us history. In this ccnnecti shall
merely call attention TO a few sentences in Mr..
Madisens justly celebrated report in l7y9, o.the
Legislature OF Virginia. In tiiis he ably and con-
clusively defenoed the resolutions of the pre-
cediDg Legislature against the structures Of
several other State Legislatures. These were
mainly founded upon the protest Of tAe
Virginia Legislature against the "Alien and sed-
ton acts," as ..palpable and alarming infra ,t'ons
OF the constitution" lp pointing out the peace ial
and constitutional RENE edes--and he referred to
none other-to which the States authorized
to resort on such occasions, he coacudes by say.
ing that the Legislatures of the States might
have made direct representation 10 Congress
with view to obtain a resembling of the two Of
fensive acts. or they might have reprssen ted TO
their respective Senators in Congress their wish
that two'thirds thereof would propose an expana
tory amendment 10 the constitution, or two. thirds
Of themselves, if such had been their option,
might. by an application to Congress, have oh
tanned convention for the same Object
This Is the very course which earnestly recon-.
mend in order TO obtain an explanatory amend.
ment OF the constitution the subject OF slavery.
This might originate with Congress or the State
Legislatures. as may be deemed most advisable to
attain the object.
This explanatory amendment might be confined
TO the final settlement Of the true construction OF
the consuti alton on three special points
l. An express recognition OF the right OF proper
ty in slaves in the States where IL now exists or
may here after exist.
2. The duty OF protecting this righ; in all the
common Territories throughout their territorial ex
istence, ard VI III they shall be admitted sates
into the Union, with or without slavery, as their
constitutions may prescribe.
3. A like reco gnition Of the righ, OF the master
to have hs slave, who has escaped r. ON one State
to another, restored ard delivered up 10 him,
and OF the validity Of the Fugitive slave law enact
ed for this purpose, together with a declaration
t.v- ,tf.hf
are violations Of The constitution aud are conse-
quenty null and void.
II may be objected that this construction OF the
constitution has already been settled by the Su
preme Court OF the United States, and what more
ought 10 be required, The answer j., that very
large proportion Of the people Of the United States
sull contest the correctness OF this decision and
never viii cease fro agitation and admit lis bad
ing force until clearly established by the people of
the several ates IN their sovereign character.
such an explanatory amendment would. 1, Is be-
lieyed, forever tersinate the existing disseDsons
and restore peace and harmony among the States.
IL ought not TO he doubted that such an appeal
10 the arb'rsment established by the constitution
itself would be received with favor by all the
States OF the c0nfederacy. In any event Il ought
10 be tried IN a spirit Of Cancellation before any Of
these States shall separate themselves from the
ULicn.
QUA roEEreS RkL ATOMS.
Gssu B.uns
Our relations with great Britain are OF the most
friendly character. Siuce The commencement OF
my administration the two dangerous questions
arising from the Clayton and BuI~er treaty, and
from the right of search claimed by the British go
vernment, have been amicaby and honorably ad-
jUsted.
The di.cordant constructions Of the Clayton and
Bulwer treaty between the tao governments,
which, at diflereDt penois Of TIE discussion, bore
a tlrestening aspect, have resu ted In n dna set
,lenen, entirely satisfactory 10 this government.
In my last annual Message ! informed Congress
that the British government had no. then "com.
pleted treaty arrangements with the republics oil
Honduras aad Nicaragua In pursuance of the M.
derstaIdipg between the two governments. II u
nevertheless confidently expected that this good
work viii ere long be accomplished This conf
dent xrcctation has since beenfulled. Yer Britain
mic Majesty concluded treaty with Honduras
OF the 18th November. 1859, aud with Nicsragua
on the 2Sth August, 1850, relinquishny the Mos
| quito protectorsie. Besides. by IN. former, TN
Bay Islands are recognized a. part Of he repub
| he Of Honduras. IL may tc observed that th'
sipustiops Of these treaties conform in every i'm
porfant particular TO the amendments adopted b.
the Senate OF the United States TO the treaty con
cuds at London on the l7th October, 1856, be
tween the Two gov srnmenr. II will be rccollcctcd
that this treaty was rejected by the British govern
ment because Of its objection 10 the just aud i'm
portsnt amendment Of the Senate to the article re
iafng TO Ruatzn and the other islands IN the Bay o
Honduras.
II must be q source Of sincere satisfaction 10 all
classes OF our fellow citizens, and especially u
these engaged In foreign commerce, that the claim
On Hhlt VI oftat iVfNiDty w Nts4t Aul
search American merchant vessels the high
seas 10 time Of peace, has been abandoned. This
was by lar the most dangerous question 20 the peace
Of the two countries which has existed since the wal
OF 1872 Whilst IL remained open, they might 81
any moment have been precpiated into war
This was rendered manifest by the cxasperated
state Of public feeling throughout our entire con-
try. produced by the forcibe search Of American
merchant vessels oy British cruisers on the coast o
Cuba, In the spring OF ls5s. The American people
hailed with general acclaim the orders Of the sc.
cretsry OF the Navy our naval force n the Gulf OF
Mexico Ito protect all vessels OF the United states
on the high seas from search or detention by the
vessels Of war Of any other nation" These orders
might have produced an immediate collision he
tween the naval forces OF the two countries. This
was most fortunately prevented oy an appeal tc
the ius'ice of Great Britain anc 70 the law OF ma
tons as expounded by her own eminent jurists.
The only question Of any importance which still
remains open Is the disputed title between the two
governments 20 the island Of ran Juan, 10 ths
vicinity of Washington Territory. As this ques
ton II SIN under negotiation, II "a not deemed nd
yisable AZ the present moment 10 make any othei
alIrsion 20 the subject.
The recent visit Of the Prince OF Wales, in pri
vaie character, TO the people Of this country hal
proved 10 be a most auspcious event. In " con
sequences Il cannot fail 10 increase the kirdre'