equal its expenditure only by means of the legislation of Congress. In
applying any remedy care should be taken that the people shall not be
deprived of the advantages which they are fairly entitled to enjoy from the
Post-Office Department. The principal remedies recommended to the
consideration of Congress by the Postmaster-General are to restore the
former rate of postage upon single letters to 5 cents; to substitute for
the franking privilege the delivery to those now entitled to enjoy it of
post-office stamps for their correspondence, and to direct the Department
in making contracts for the transportation of the mail to confine itself to
the payment of the sum necessary for this single purpose, without requiring
it to be transported in post coaches or carriages of any particular
description. Under the present system the expense to the Government is
greatly increased by requiring that the mail shall be carried in such
vehicles as will accommodate passengers. This will be done, without pay
from the Department, over all roads where the travel will remunerate the
contractors.
These recommendations deserve the grave consideration of Congress. I would
again call your attention to the construction of a Pacific railroad. Time
and reflection have but served to confirm me in the truth and justice of
the observations which I made on this subject in my last annual message, to
which I beg leave respectfully to refer.
It is freely admitted that it would be inexpedient for this Government to
exercise the power of constructing the Pacific railroad by its own
immediate agents. Such a policy would increase the patronage of the
Executive to a dangerous extent, and introduce a system of jobbing and
corruption which no vigilance on the part of Federal officials could either
prevent or detect. This can only be done by the keen eye and active and
careful supervision of individual and private interest. The construction of
this road ought therefore to be committed to companies incorporated by the
States or other agencies whose pecuniary interests would be directly
involved. Congress might then assist them in the work by grants of land or
of money, or both, under such conditions and restrictions as would secure
the transportation of troops and munitions of war free from any charge and
that of the United States mail at a fair and reasonable price.
The progress of events since the commencement of your last session has
shown how soon difficulties disappear before a firm and determined
resolution. At that time such a road was deemed by wise and patriotic men
to be a visionary project. The great distance to be overcome and the
intervening mountains and deserts in the way were obstacles which, in the
opinion of many, could not be surmounted. Now, after the lapse of but a
single year, these obstacles, it has been discovered, are far less
formidable than they were supposed to be, and mail stages with passengers
now pass and repass regularly twice in each week, by a common wagon road,
between San Francisco and St. Louis and Memphis in less than twenty-five
days. The service has been as regularly performed as it was in former years
between New York and this city.
Whilst disclaiming all authority to appropriate money for the construction
of this road, except that derived from the war-making power of the
Constitution, there are important collateral considerations urging us to
undertake the work as speedily as possible. The first and most momentous of
these is that such a road would be a powerful bond of union between the
States east and west of the Rocky Mountains. This is so self-evident as to
require no illustration.
But again, in a commercial point of view, I consider this the great
question of the day. With the eastern front of our Republic stretching
along the Atlantic and its western front along the Pacific, if all the
parts should be united by a safe, easy, and rapid intercommunication we
must necessarily command a very large proportion of the trade both of
Europe and Asia. Our recent treaties with China and Japan will open these
rich and populous Empires to our commerce; and the history of the world
proves that the nation which has gained possession of the trade with
eastern Asia has always become wealthy and powerful. The peculiar
geographical position of California and our Pacific possessions invites
American capital and enterprise into this fruitful field. To reap the rich
harvest, however, it is an indispensable prerequisite that we shall first
have a railroad to convey and circulate its products throughout every
portion of the Union. Besides, such a railroad through our temperate
latitude, which would not be impeded by the frosts and snows of winter nor
by the tropical heats of summer, would attract to itself much of the travel
and the trade of all nations passing between Europe and Asia.
On the 21st of August last Lieutenant J. N. Maffit, of the United States
brig Dolphin, captured the slaver Echo (formerly the Putnam, of New
Orleans) near Kay Verde, on the coast of Cuba, with more than 300 African
negroes on board. The prize, under the command of Lieutenant Bradford, of
the United States Navy, arrived at Charleston on the 27th August, when the
negroes, 306 in number, were delivered into the custody of the United
States marshal for the district of South Carolina. They were first placed
in Castle Pinckney, and afterwards in Fort Sumter, for safe-keeping, and
were detained there until the 19th September, when the survivors, 271 in
number, were delivered on board the United States steamer Niagara to be
transported to the coast of Africa under the charge of the agent of the
United States, pursuant to the provisions of the act of the 3d March, 1819,
"in addition to the acts prohibiting the slave trade." Under the second
section of this act the President is "authorized to make such regulations
and arrangements as he may deem expedient for the safe-keeping, support,
and removal beyond the limits of the United States of all such negroes,
mulattoes, or persons of color" captured by vessels of the United States as
may be delivered to the marshal of the district into which they are
brought, "and to appoint a proper person or persons residing upon the coast
of Africa as agent or agents for receiving the negroes, mulattoes, or
persons of color delivered from on board vessels seized in the prosecution
of the slave trade by commanders of United States armed vessels."
A doubt immediately arose as to the true construction of this act. It is
quite clear from its terms that the President was authorized to provide
"for the safe-keeping, support, and removal" of these negroes up till the
time of their delivery to the agent on the coast of Africa, but no express
provision was made for their protection and support after they had reached
the place of their destination. Still, an agent was to be 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 receive 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
question 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 consider 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 citizens 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, clothing, 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 just and reasonable. This can not be
fixed until we shall ascertain the actual number which may become a charge
to the society. It was also distinctly agreed that under no circumstances
shall this Government be called upon for any additional expenses. The
agents of the society manifested a laudable desire to conform to the wishes
of the Government throughout the transaction. They assured me that after a
careful calculation they would be required to expend the sum of $150 on
each individual in complying with the agreement, and they would have
nothing left to remunerate them for their care, trouble, and
responsibility. At all events, I could make no better arrangement, and
there was no other alternative. During the period when the Government
itself, through its own agents, undertook the task of providing for
captured negroes in Africa the cost per head was very much greater.
There having been no outstanding appropriation applicable to this purpose,
I could not advance any money on the agreement. I therefore recommend that
an appropriation may be made of the amount necessary to carry it into
effect.
Other captures of a similar character may, and probably will, be made by
our naval forces, and I earnestly recommend that Congress may amend the
second section of the act of March 3, 1819, so as to free its construction
from the ambiguity which has so long existed and render the duty of the
President plain in executing its provisions.
I recommend to your favorable regard the local interests of the District of
Columbia. As the residence of Congress and the Executive Departments of the
Government, we can not fail to feel a deep concern in its welfare. This is
heightened by the high character and the peaceful and orderly conduct of
its resident inhabitants.
I can not conclude without performing the agreeable duty of expressing my
gratification that Congress so kindly responded to the recommendation of my
last annual message by affording me sufficient time before the close of
their late session for the examination of all the bills presented to me for
approval. This change in the practice of Congress has proved to be a
wholesome reform. It exerted a beneficial influence on the transaction of
legislative business and elicited the general approbation of the country.
It enabled Congress to adjourn with that dignity and deliberation so
becoming to the representatives of this great Republic, without having
crowded into general appropriation bills provisions foreign to their nature
and of doubtful constitutionality and expediency. Let me warmly and
strongly commend this precedent established by themselves as a guide to
their proceedings during the present session.
***
State of the Union Address
James Buchanan
December 19, 1859
Fellow-Citizens of the Senate and House of Representatives:
Our deep and heartfelt gratitude is due to that Almighty Power which has
bestowed upon us such varied and numerous blessings throughout the past
year. The general health of the country has been excellent, our harvests
have been unusually plentiful, and prosperity smiles throughout the land.
Indeed, notwithstanding our demerits, we have much 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 difficulties 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
themselves, derive their chief importance from the apprehension that they
are but symptoms 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 conservative 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 existing agitation on the
subject of domestic slavery, like everything human, will have its day and
give place to other and less threatening controversies. Public opinion in
this country is all-powerful, and when it reaches a dangerous excess upon
any 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 abstract doctrines subversive of the Constitution and
the Union must not be surprised should their heated partisans advance one
step further and attempt by violence to carry these doctrines into
practical effect. In this view of the subject, it ought never to be
forgotten that however great may have been the political advantages
resulting from the Union to every portion of our common country, these
would all prove to be as nothing should the time ever arrive when they can
not be enjoyed without serious danger to the personal safety of the people
of fifteen members of the Confederacy. If the peace of the domestic
fireside throughout these States should ever be invaded, if the mothers of
families within this extensive region should not be able to retire to rest
at night without suffering dreadful apprehensions of what may be their own
fate and that of their children before the morning, it would be vain to
recount to such a people the political benefits which result to them from
the Union. Self-preservation is the first instinct of nature, and therefore
any state of society in which the sword is all the time suspended over the
heads of the people must at last become intolerable. But I indulge in no
such gloomy forebodings. On the contrary, I firmly believe that the events
at Harpers Ferry, by causing the people to pause and reflect upon the
possible peril to their cherished institutions, will be the means under
Providence of allaying the existing excitement and preventing further
outbreaks of a similar character. They will resolve that the Constitution
and the Union shall not be endangered by rash counsels, knowing that should
"the silver cord be loosed or the golden bowl be broken at the fountain"
human power could never reunite the scattered and hostile fragments.
I cordially congratulate you upon the final settlement by the Supreme Court
of the United States of the question of slavery in the Territories, which
had presented an aspect so truly formidable at the commencement of my
Administration. The right has been established of every citizen to take his
property of any kind, including slaves, into the common Territories
belonging equally to all the States of the Confederacy, and to have it
protected there under the Federal Constitution. Neither Congress nor a
Territorial legislature nor any human power has any authority to annul or
impair this vested right. The supreme judicial tribunal of the country,
which is a coordinate branch of the Government, has sanctioned and affirmed
these principles of constitutional law, so manifestly just in themselves
and so well calculated to promote peace and harmony among the States. It is
a striking proof of the sense of justice which is inherent in our people
that the property in slaves has never been disturbed, to my knowledge, in
any of the Territories. Even throughout the late troubles in Kansas there
has not been any attempt, as I am credibly informed, to interfere in a
single instance with the right of the master. Had any such attempt been
made, the judiciary would doubtless have afforded an adequate remedy.
Should they fail to do this hereafter, it will then be time enough to
strengthen their hands by further legislation. Had it been decided that
either Congress or the Territorial legislature possess the power to annul
or impair the right to property in slaves, the evil would be intolerable.
In the latter event there would be a struggle for a majority of the members
of the legislature at each successive election, and the sacred rights of
property held under the Federal Constitution would depend for the time
being on the result. The agitation would thus be rendered incessant whilst
the Territorial condition remained, and its baneful influence would keep
alive a dangerous excitement among the people of the several States.
Thus has the status of a Territory during the intermediate period from its
first settlement until it shall become a State been irrevocably fixed by
the final decision of the Supreme Court. Fortunate has this been for the
prosperity of the Territories, as well as the tranquillity of the States.
Now emigrants from the North and the South, the East and the West, will
meet in the Territories on a common platform, having brought with them that
species of property best adapted, in their own opinion, to promote their
welfare. From natural causes the slavery question will in each case soon
virtually settle itself, and before the Territory is prepared for admission
as a State into the Union this decision, one way or the other, will have
been a foregone conclusion. Meanwhile the settlement of the new Territory
will proceed without serious interruption, and its progress and prosperity
will not be endangered or retarded by violent political struggles.
When in the progress of events the inhabitants of any Territory shall have
reached the number required to form a State, they will then proceed in a
regular manner and in the exercise of the rights of popular sovereignty to
form a constitution preparatory to admission into the Union. After this has
been done, to employ the language of the Kansas and Nebraska act, they
"shall be received into the Union with or without slavery, as their
constitution may prescribe at the time of their admission." This sound
principle has happily been recognized in some form or other by an almost
unanimous vote of both Houses of the last Congress.
All lawful means at my command have been employed, and shall continue to be
employed, to execute the laws against the African slave trade. After a most
careful and rigorous examination of our coasts and a thorough investigation
of the subject, we have not been able to discover that any slaves have been
imported into the United States except the cargo by the Wanderer, numbering
between three and four hundred. Those engaged in this unlawful enterprise
have been rigorously prosecuted, but not with as much success as their
crimes have deserved. A number of them are still under prosecution.
Our history proves that the fathers of the Republic, in advance of all
other nations, condemned the African slave trade. It was, notwithstanding,
deemed expedient by the framers of the Constitution to deprive Congress of
the power to prohibit "the migration or importation of such 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 10th May, 1800.
Again, the States themselves had a clear right to waive the constitutional
privilege intended for their benefit, and to prohibit by their own laws
this trade at any time they thought proper previous to 1808. Several 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 accordingly
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.