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 prosecuted

with energy and industry, and have yielded fair and ample returns. In

short, no nation in the tide of time has ever presented a spectacle of

greater material prosperity than we have done until within a very recent

period.

Why is it, then, that discontent now so extensively prevails, and the

Union of the States, which is the source of all these blessings, is

threatened with destruction?

The long-continued and intemperate interference of the Northern people

with the question of slavery in the Southern States has at length

produced its natural effects. The different sections of the Union are

now arrayed against each other, and the time has arrived, so much

dreaded by the Father of his Country, when hostile geographical parties

have been formed.

I have long foreseen and 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

execution of the fugitive-slave law. All or any of these evils might

have been endured by the South without danger to the Union (as others

have been) in the hope that time and reflection might apply the remedy.

The immediate peril arises not so much from these causes as from the

fact that the incessant and violent agitation of the slavery question

throughout the North for the last quarter of a century has at length

produced its malign influence on the slaves and inspired them with vague

notions of freedom. Hence a sense of security no longer exists around

the family altar. This feeling of peace at home has given place to

apprehensions of servile insurrections. Many a matron throughout the

South retires at night in dread of what may befall herself and children

before the morning. Should this apprehension of domestic danger, whether

real or imaginary, extend and intensify itself until it shall pervade

the masses of the Southern people, then disunion will become inevitable.

Self-preservation is the first law of nature, and has been implanted in

the heart of man by his Creator for the wisest purpose; and no political

union, however fraught with blessings and benefits in all other

respects, can long continue if the necessary consequence be to render

the homes and the firesides of nearly half the parties to it habitually

and hopelessly insecure. Sooner or later the bonds of such a union must

be severed. It is my conviction that this fatal period has not yet

arrived, and my prayer to God is that He would preserve the Constitution

and the Union throughout all generations.

But let us take warning in time and remove the cause of danger. It can

not be denied that for five and twenty years the agitation at the North

against slavery has been incessant. In 1835 pictorial handbills and

inflammatory appeals were circulated extensively throughout the South of

a character to excite the passions of the slaves, and, in the language

of General Jackson, "to stimulate them to insurrection and produce all

the horrors of a servile war." This agitation has ever since been

continued by the public press, by the proceedings of State and county

conventions and by abolition sermons and lectures. The time of Congress

has been occupied in violent speeches on this never-ending subject, and

appeals, in pamphlet and other forms, indorsed by distinguished names,

have been sent forth from this central point and spread broadcast over

the Union.

How easy would it be for the American people to settle the slavery

question forever and to restore peace and harmony to this distracted

country! They, and they alone, can do it. All that is necessary to

accomplish the object, and all for which the slave States have ever

contended, is to be let alone and permitted to manage their domestic

institutions in their own way. As sovereign States, they, and they

alone, are responsible before God and the world for the slavery existing

among them. For this the people of the North are not more responsible

and have no more right to interfere than with similar institutions in

Russia or in Brazil.

Upon their good sense and patriotic forbearance I confess I still

greatly rely. Without their aid it is beyond the power of any President,

no matter what may be his own political proclivities, to restore peace

and harmony among the States. Wisely limited and restrained as is his

power under our Constitution and laws, he alone can accomplish but

little for good or for evil on such a momentous question.

And this brings me to observe that the election of any one of our

fellow-citizens to the office of President does not of itself afford

just cause for dissolving the Union. This is more especially true if

his election has been effected by a mere plurality, and not a majority

of the people, and has resulted from transient and temporary causes,

which may probably never again occur. In order to justify a resort to

revolutionary resistance, the Federal Government must be guilty of "a

deliberate, palpable, and dangerous exercise" of powers not granted by

the Constitution. The late Presidential election, however, has been held

in strict conformity with its express provisions. How, then, can the

result justify a revolution to destroy this very Constitution? Reason,

justice, a regard for the Constitution, all require that we shall wait

for some overt and dangerous act on the part of the President elect

before resorting to such a remedy. It is said, however, that the

antecedents of the President elect have been sufficient to justify the

fears of the South that he will attempt to invade their constitutional

rights. But are such apprehensions of contingent danger in the future

sufficient to justify the immediate destruction of the noblest system of

government ever devised by mortals? From the very nature of his office

and its high responsibilities he must necessarily be conservative. The

stern duty of administering the vast and complicated concerns of this

Government affords in itself a guaranty that he will not attempt any

violation of a clear constitutional right.

After all, he is no more than the chief executive officer of the

Government. His province is not to make but to execute the laws.

And it is a remarkable fact in our history that, notwithstanding

the repeated efforts of the antislavery party, no single act has ever

passed Congress, unless we may possibly except the Missouri compromise,

impairing in the slightest degree the rights of the South to their

property in slaves; and it may also be observed, judging from present

indications, that no probability exists of the passage of such an act by

a majority of both Houses, either in the present or the next Congress.

Surely under these circumstances we ought to be restrained from present

action by the precept of Him who spake as man never spoke, that

"sufficient unto the day is the evil thereof," The day of evil may never

come unless we shall rashly bring it upon ourselves.

It is alleged as one cause for immediate secession that the Southern

States are denied equal rights with the other States in the common

Territories. But by what authority are these denied? Not by Congress,

which has never passed, and I believe never will pass, any act to

exclude slavery from these Territories; and certainly not by the Supreme

Court, which has solemnly decided that slaves are property, and, like

all other property, their owners have a right to take them into the

common Territories and hold them there under the protection of the

Constitution.

So far then, as Congress is concerned, the objection is not to anything

they have already done, but to what they may do hereafter. It will

surely be admitted that this apprehension of future danger is no good

reason for an immediate dissolution of the Union. It is true that the

Territorial legislature of Kansas, on the 23d February, 1860, passed in

great haste an act over the veto of the governor declaring that slavery

"is and shall be forever prohibited in this Territory." Such an act,

however, plainly violating the rights of property secured by the

Constitution, will surely be declared void by the judiciary whenever

it shall be presented in a legal form.

Only three days after my inauguration the Supreme Court of the United

States solemnly adjudged that this power did not exist in a Territorial

legislature. Yet such has been the factious temper of the times that the

correctness of this decision has been extensively impugned before the

people, and the question has given rise to angry political conflicts

throughout the country. Those who have appealed from this judgment of

our highest constitutional tribunal to popular assemblies would, if they

could, invest a Territorial legislature with power to annul the sacred

rights of property. This power Congress is expressly forbidden by the

Federal Constitution to exercise. Every State legislature in the Union

is forbidden by its own constitution to exercise it. It can not be

exercised in any State except by the people in their highest sovereign

capacity, when framing or amending their State constitution. In like

manner it can only be exercised by the people of a Territory represented

in a convention of delegates for the purpose of framing a constitution

preparatory to admission as a State into the Union. Then, and not until

then, are they invested with power to decide the question whether

slavery shall or shall not exist within their limits. This is an act of

sovereign authority, and not of subordinate Territorial legislation.

Were it otherwise, then indeed would the equality of the States in the

Territories be destroyed, and the rights of property in slaves would

depend not upon the guaranties of the Constitution, but upon the

shifting majorities of an irresponsible Territorial legislature. Such

a doctrine, from its intrinsic unsoundness, can not long influence any

considerable portion of our people, much less can it afford a good

reason for a dissolution of the Union.

The most palpable violations of constitutional duty which have yet been

committed consist in the acts of different State legislatures to defeat

the execution of the fugitive-slave law. It ought to be remembered,

however, that for these acts neither Congress nor any President can

justly be held responsible. Having been passed in violation of the

Federal Constitution, they are therefore null and void. All the courts,

both State and national, before whom the question has arisen have from

the beginning declared the fugitive-slave law to be constitutional. The

single exception is that of a State court in Wisconsin, and this has not

only been reversed by the proper appellate tribunal, but has met with

such universal reprobation that there can be no danger from it as a

precedent. The validity of this law has been established over and over

again by the Supreme Court of the United States with perfect unanimity.

It is founded upon an express provision of the Constitution, requiring

that fugitive slaves who escape from service in one State to another

shall be "delivered up" to their masters. Without this provision it is a

well-known historical fact that the Constitution itself could never have

been adopted by the Convention. In one form or other, under the acts of

1793 and 1850, both being substantially the same, the fugitive-slave

law has been the law of the land from the days of Washington until the

present moment. Here, then, a clear case is presented in which it will

be the duty of the next President, as it has been my own, to act with

vigor in executing this supreme law against the conflicting enactments

of State legislatures. Should he fail in the performance of this high

duty, he will then have manifested a disregard of the Constitution and

laws, to the great injury of the people of nearly one-half of the States

of the Union. But are we to presume in advance that he will thus violate

his duty? This would be at war with every principle of justice and of

Christian charity. Let us wait for the overt act. The fugitive-slave

law has been carried into execution in every contested case since the

commencement of the present Administration, though often, it is to

be regretted, with great loss and inconvenience to the master and

with considerable expense to the Government. Let us trust that the

State legislatures will repeal their unconstitutional and obnoxious

enactments. Unless this shall be done without unnecessary delay, it

is impossible for any human power to save the Union.

The Southern States, standing on the basis of the Constitution, have a

right to demand this act of justice from the States of the North. Should

it be refused, then the Constitution, to which all the States are

parties, will have been willfully violated by one portion of them in

a provision essential to the domestic security and happiness of the

remainder. In that event the injured States, after having first used all

peaceful and constitutional means to obtain redress, would be justified

in revolutionary resistance to the Government of the Union.

I have purposely confined my remarks to revolutionary resistance,

because it has been claimed within the last few years that any State,

whenever this shall be its sovereign will and pleasure, may secede from

the Union in accordance with the Constitution and without any violation

of the constitutional rights of the other members of the Confederacy;

that as each became parties to the Union by the vote of its own people

assembled in convention, so any one of them may retire from the Union

in a similar manner by the vote of such a convention.

In order to justify secession as a constitutional remedy, it must

be on the principle that the Federal Government is a mere voluntary

association of States, to be dissolved at pleasure by any one of the

contracting parties. If this be so, the Confederacy is a rope of sand,

to be penetrated and dissolved by the first adverse wave of public

opinion in any of the States. In this manner our thirty-three States

may, resolve themselves into as many petty, jarring, and hostile

republics, each one retiring from the Union without responsibility

whenever any sudden excitement might impel them to such a course.

By this process a Union might be entirely broken into fragments in

a few weeks which cost our forefathers many years of toil, privation,

and blood to establish.

Such a principle is wholly inconsistent with the history as well as the

character of the Federal Constitution. After it was framed with the

greatest deliberation and care it was submitted to conventions of the

people of the several States for ratification. Its provisions were

discussed at length in these bodies, composed of the first men of the

country. Its opponents contended that it conferred powers upon the

Federal Government dangerous to the rights of the States, whilst its

advocates maintained that under a fair construction of the instrument

there was no foundation for such apprehensions. In that mighty struggle

between the first intellects of this or any other country it never

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 Constitution! The truth is that it was not until many

years after the origin of the Federal Government that such a proposition

was first advanced. It was then met and refuted by the conclusive

arguments of General Jackson, who in his message of the 16th of January,

1833, transmitting the nullifying ordinance of South Carolina to

Congress, employs the following language:

The right of the people of a single State to absolve themselves at will

and without the consent of the other States from their most solemn

obligations, and hazard the liberties 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

countenance to such a theory. It is altogether founded upon inference;

not from any language contained in the instrument itself, but from the

sovereign character of the several States by which it was ratified.

But is it beyond the power of a State, like an individual, to yield a

portion of its sovereign rights to secure the remainder? In the language

of Mr. Madison, who has been called the father of the Constitution--

It was formed by the States; that is, by the people in each of

the States acting in their highest sovereign capacity, and formed,

consequently, by the same authority which formed the State

constitutions. ... Nor is the Government of the United States,

created by the Constitution, less a government, in the strict sense

of the term, within the sphere of its powers than the governments

created by the constitutions of the States are within their several

spheres. It is, like them, organized into legislative, executive,

and judiciary departments. It operates, like them, directly on

persons and things, and, like them, it has at command a 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

Constitution 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

Government. In order to carry the enumerated powers into effect,

Congress possesses the exclusive right to lay and collect duties on

imports, and, in common with the States, to lay and collect all other

taxes.

But the Constitution has not only conferred these high powers upon

Congress, but it has adopted effectual means to restrain the States

from interfering with their exercise. For that purpose it has in

strong prohibitory language expressly declared that--

No State shall enter into any treaty, alliance, or confederation;

grant letters of marque and reprisal; coin money; emit bills of

credit; make 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.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan · 第 220 / 249 题