That ex-President John Tyler is hereby appointed, by the concurrent
vote of each branch of the general assembly, a commissioner to the
President of the United States, and Judge John Robertson is hereby
appointed, by a like vote, a commissioner to the State of South
Carolina and the other States that have seceded or shall secede, with
instructions respectfully to request the President of the United States
and the authorities of such States to agree to abstain, pending the
proceedings contemplated by the action of this general assembly, from
any and all acts calculated to produce a collision of arms between the
States and the Government of the United States.
However strong may be my desire to enter into such an agreement, I am
convinced that I do not possess the power. Congress, and Congress alone,
under the war-making power, can exercise the discretion of agreeing to
abstain "from any and all acts calculated to produce a collision of
arms" between this and any other government. It would therefore be a
usurpation for the Executive to attempt to restrain their hands by an
agreement in regard to matters over which he has no constitutional
control. If he were thus to act, they might pass laws which he should be
bound to obey, though in conflict with his agreement.
Under existing circumstances, my present actual power is confined within
narrow limits. It is my duty at all times to defend and protect the
public property within the seceding States so far as this may be
practicable, and especially to employ all constitutional means to
protect the property of the United States and to preserve the public
peace at this the seat of the Federal Government. If the seceding States
abstain "from any and all acts calculated to produce a collision of
arms," then the danger so much to be deprecated will no longer exist.
Defense, and not aggression, has been the policy of the Administration
from the beginning.
But whilst I can enter into no engagement such as that proposed, I
cordially commend to Congress, with much confidence that it will meet
their approbation, to abstain from passing any law calculated to produce
a collision of arms pending the proceedings contemplated by the action
of the general assembly of Virginia. I am one of those who will never
despair of the Republic. I yet cherish the belief that the American
people will perpetuate the Union of the States on some terms just and
honorable for all sections of the country. I trust that the mediation of
Virginia may be the destined means, under Providence, of accomplishing
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.