the world would be destroyed, and a long night of leaden despotism would
enshroud the nations. Our example for more than eighty years would not only
be lost, but it would be quoted as a conclusive proof that man is unfit for
self-government.
It is not every wrong--nay, it is not every grievous wrong--which can
justify a resort to such a fearful alternative. This ought to be the last
desperate remedy of a despairing people, after every other constitutional
means of conciliation had been exhausted. We should reflect that under this
free Government there is an incessant ebb and flow in public opinion. The
slavery question, like everything human, will have its day. I firmly
believe that it has reached and passed the culminating point. But if in the
midst of the existing excitement the Union shall perish, the evil may then
become irreparable.
Congress can contribute much to avert it by proposing and recommending to
the legislatures of the several States the remedy for existing evils which
the Constitution has itself provided for its own preservation. This has
been tried at different critical periods of our history, and always with
eminent success. It is to be found in the fifth article, providing for its
own amendment. Under this article amendments have been proposed by
two-thirds of both Houses of Congress, and have been "ratified by the
legislatures of three-fourths of the several States," and have consequently
become parts of the Constitution. To this process the country is indebted
for the clause prohibiting Congress from passing any law respecting an
establishment of religion or abridging the freedom of speech or of the
press or of the right of petition. To this we are also indebted for the
bill of rights which secures the people against any abuse of power by the
Federal Government. Such were the apprehensions justly entertained by the
friends of State rights at that period as to have rendered it extremely
doubtful whether the Constitution could have long survived without those
amendments.
Again the Constitution was amended by the same process, after the election
of President Jefferson by the House of Representatives, in February, 1803.
This amendment was rendered necessary to prevent a recurrence of the
dangers which had seriously threatened the existence of the Government
during the pendency of that election. The article for its own amendment was
intended to secure the amicable adjustment of conflicting constitutional
questions like the present which might arise between the governments of the
States and that of the United States. This appears from contemporaneous
history. In this connection I shall merely call attention to a few
sentences in Mr. Madison's justly celebrated report, in 1799, to the
legislature of Virginia. In this he ably and conclusively defended the
resolutions of the preceding legislature against the strictures of several
other State legislatures. These were mainly rounded upon the protest of the
Virginia legislature against the "alien and sedition acts," as "palpable
and alarming infractions of the Constitution." In pointing out the peaceful
and constitutional remedies--and he referred to none other--to which the
States were authorized to resort on such occasions, he concludes by saying
that--
The legislatures of the States might have made a direct representation to
Congress with a view to obtain a rescinding of the two offensive acts, or
they might have represented to their respective Senators in Congress their
wish that two-thirds thereof would propose an explanatory amendment to the
Constitution; or two-thirds of themselves, if such had been their option,
might by an application to Congress have obtained a convention for the same
object.
This is the very course which I earnestly recommend in order to obtain an
"explanatory amendment" of the Constitution on the subject of slavery. This
might originate with Congress or the State legislatures, as may be deemed
most advisable to attain the object. The explanatory amendment might be
confined to the final settlement of the true construction of the
Constitution on three special points:
1. An express recognition of the right of property in slaves in the States
where it now exists or may hereafter exist.
2. The duty of protecting this right in all the common Territories
throughout their Territorial existence, and until they shall be admitted as
States into the Union, with or without slavery, as their constitutions may
prescribe.
3. A like recognition of the right of the master to have his slave who has
escaped from one State to another restored and "delivered up" to him, and
of the validity of the fugitive-slave law enacted for this purpose,
together with a declaration that all State laws impairing or defeating this
right are violations of the Constitution, and are consequently null and
void. It may be objected that this construction of the Constitution has
already been settled by the Supreme Court of the United States, and what
more ought to be required? The answer is that a very large proportion of
the people of the United States still contest the correctness of this
decision, and never will cease from agitation and admit its binding force
until clearly established by the people of the several States in their
sovereign character. Such an explanatory amendment would, it is believed,
forever terminate the existing dissensions, and restore peace and harmony
among the States.
It ought not to be doubted that such an appeal to the arbitrament
established by the Constitution itself would be received with favor by all
the States of the Confederacy. In any event, it ought to be tried in a
spirit of conciliation before any of these States shall separate themselves
from the Union.
When I entered upon the duties of the Presidential office, the aspect
neither of our foreign nor domestic affairs was at all satisfactory. We
were involved in dangerous complications with several nations, and two of
our Territories were in a state of revolution against the Government. A
restoration of the African slave trade had numerous and powerful advocates.
Unlawful military expeditions were countenanced by many of our citizens,
and were suffered, in defiance of the efforts of the Government, to escape
from our shores for the purpose of making war upon the offending people of
neighboring republics with whom we were at peace. In addition to these and
other difficulties, we experienced a revulsion in monetary affairs soon
after my advent to power of unexampled severity and of ruinous consequences
to all the great interests of the country. When we take a retrospect of
what was then our condition and contrast this with its material prosperity
at the time of the late Presidential election, we have abundant reason to
return our grateful thanks to that merciful Providence which has never
forsaken us as a nation in all our past trials.
Our relations with Great Britain are of the most friendly character. Since
the commencement of my Administration the two dangerous questions arising
from the Clayton and Bulwer treaty and from the right of search claimed by
the British Government have been amicably and honorably adjusted.
The discordant constructions of the Clayton and Bulwer treaty between the
two Governments, which at different periods of the discussion bore a
threatening aspect, have resulted in a final settlement entirely
satisfactory to this Government. In my last annual message I informed
Congress that the British Government had not then "completed treaty
arrangements with the Republics of Honduras and Nicaragua in pursuance of
the understanding between the two Governments. It is, nevertheless,
confidently expected that this good work will ere long be accomplished."
This confident expectation has since been fulfilled. Her Britannic Majesty
concluded a treaty with Honduras on the 28th November, 1859, and with
Nicaragua on the 28th August, 1860, relinquishing the Mosquito
protectorate. Besides, by the former the Bay Islands are recognized as a
part of the Republic of Honduras. It may be observed that the stipulations
of these treaties conform in every important particular to the amendments
adopted by the Senate of the United States to the treaty concluded at
London on the 17th October, 1856, between the two Governments. It will be
recollected that this treaty was rejected by the British Government because
of its objection to the just and important amendment of the Senate to the
article relating to Ruatan and the other islands in the Bay of Honduras.
It must be a source of sincere satisfaction to all classes of our
fellow-citizens, and especially to those engaged in foreign commerce, that
the claim on the part of Great Britain forcibly to visit and search
American merchant vessels on the high seas in time of peace has been
abandoned. This was by far the most dangerous question to the peace of the
two countries which has existed since the War of 1812. Whilst it remained
open they might at any moment have been precipitated into a war. This was
rendered manifest by the exasperated state of public feeling throughout our
entire country produced by the forcible search of American merchant vessels
by British cruisers on the coast of Cuba in the spring of 1858. The
American people hailed with general acclaim the orders of the Secretary of
the Navy to our naval force in the Gulf of Mexico "to 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 between the naval forces of the two countries. This was
most fortunately prevented by an appeal to the justice of Great Britain and
to the law of nations as expounded by her own most eminent jurists.
The only question of any importance which still remains open is the
disputed title between the two Governments to the island of San Juan, in
the vicinity of Washington Territory. As this question is still under
negotiation, it is not deemed advisable at the present moment to make any
other allusion to the subject.
The recent visit of the Prince of Wales, in a private character, to the
people of this country has proved to be a most auspicious event. In its
consequences it can not fail to increase the kindred and kindly feelings
which I trust may ever actuate the Government and people of both countries
in their political and social intercourse with each other.
With France, our ancient and powerful ally, our relations continue to be of
the most friendly character. A decision has recently been made by a French
judicial tribunal, with the approbation of the Imperial Government, which
can not fail to foster the sentiments of mutual regard that have so long
existed between the two countries. Under the French law no person can serve
in the armies of France unless he be a French citizen. The law of France
recognizing the natural right of expatriation, it follows as a necessary
consequence that a Frenchman by the fact of having become a citizen of the
United States has changed his allegiance and has lost his native character.
He can not therefore be compelled to serve in the French armies in case he
should return to his native country. These principles were announced in
1852 by the French minister of war and in two late cases have been
confirmed by the French judiciary. In these, two natives of France have
been discharged from the French army because they had become American
citizens. To employ the language of our present minister to France, who has
rendered good service on this occasion. "I do not think our French
naturalized fellow-citizens will hereafter experience much annoyance on
this subject."
I venture to predict that the time is not far distant when the other
continental powers will adopt the same wise and just policy which has done
so much honor to the enlightened Government of the Emperor. In any event,
our Government is bound to protect the rights of our naturalized citizens
everywhere to the same extent as though they had drawn their first breath
in this country. We can recognize no distinction between our native and
naturalized citizens.
Between the great Empire of Russia and the United States the mutual
friendship and regard which has so long existed still continues to prevail,
and if possible to increase. Indeed, our relations with that Empire are all
that we could desire. Our relations with Spain are now of a more
complicated, though less dangerous, character than they have been for many
years. Our citizens have long held and continue to hold numerous claims
against the Spanish Government. These had been ably urged for a series of
years by our successive diplomatic representatives at Madrid, but without
obtaining redress. The Spanish Government finally agreed to institute a
joint commission for the adjustment of these claims, and on the 5th day of
March, 1860, concluded a convention for this purpose with our present
minister at Madrid.
Under this convention what have been denominated the "Cuban claims,"
amounting to $128,635.54, in which more than 100 of our fellow-citizens are
interested, were recognized, and the Spanish Government agreed to pay
$100,000 of this amount "within three months following the exchange of
ratifications." The payment of the remaining $28,635.54 was to await the
decision of the commissioners for or against the Amistad claim; but in any
event the balance was to be paid to the claimants either by Spain or the
United States. These terms, I have every reason to know, are highly
satisfactory to the holders of the Cuban claims. Indeed, they have made a
formal offer authorizing the State Department to settle these claims and to
deduct the amount of the Amistad claim from the sums which they are
entitled to receive from Spain. This offer, of course, can not be accepted.
All other claims of citizens of the United States against Spain, or the
subjects of the Queen of Spain against the United States, including the
Amistad claim, were by this convention referred to a board of commissioners
in the usual form. Neither the validity of the Amistad claim nor of any
other claim against either party, with the single exception of the Cuban
claims, was recognized by the convention. Indeed, the Spanish Government
did not insist that the validity of the Amistad claim should be thus
recognized, notwithstanding its payment had been recommended to Congress by
two of my predecessors, as well as by myself, and an appropriation for that
purpose had passed the Senate of the United States.
They were content that it should be submitted to the board for examination
and decision like the other claims. Both Governments were bound
respectively to pay the amounts awarded to the several claimants "at such
times and places as may be fixed by and according to the tenor of said
awards."
I transmitted this convention to the Senate for their constitutional action
on the 3d of May, 1860, and on the 27th of the succeeding June they
determined that they would "not advise and consent" to its ratification.
These proceedings place our relations with Spain in an awkward and
embarrassing position. It is more than probable that the final adjustment
of these claims will devolve upon my successor.
I reiterate the recommendation contained in my annual message of December,
1858, and repeated in that of December, 1859, in favor of the acquisition
of Cuba from Spain by fair purchase. I firmly believe that such an
acquisition would contribute essentially to the well-being and prosperity
of both countries in all future time, as well as prove the certain means of
immediately abolishing the African slave trade throughout the world. I
would not repeat this recommendation upon the present occasion if I
believed that the transfer of Cuba to the United States upon conditions
highly favorable to Spain could justly tarnish the national honor of the
proud and ancient Spanish monarchy. Surely no person ever attributed to the
first Napoleon a disregard of the national honor of France for transferring
Louisiana to the United States for a fair equivalent, both in money and
commercial advantages.
With the Emperor of Austria and the remaining continental powers of Europe,
including that of the Sultan, our relations continue to be of the most
friendly character.
The friendly and peaceful policy pursued by the Government of the United
States toward the Empire of China has produced the most satisfactory
results. The treaty of Tien-tsin of the 18th June, 1858, has been
faithfully observed by the Chinese authorities. The convention of the 8th
November, 1858, supplementary to this treaty, for the adjustment and
satisfaction of the claims of our citizens on China referred to in my last
annual message, has been already carried into effect so far as this was
practicable. Under this convention the sum of 500,000 taels, equal to about
$700,000, was stipulated to be paid in satisfaction of the claims of
American citizens out of the one-fifth of the receipts for tonnage, import,
and export duties on American vessels at the ports of Canton, Shanghai, and
Fuchau, and it was "agreed that this amount shall be in full liquidation of
all claims of American citizens at the various ports to this date."
Debentures for this amount, to wit, 300,000 taels for Canton, 100,000 for
Shanghai, and 100,000 for Fuchau, were delivered, according to the terms of
the convention, by the respective Chinese collectors of the customs of
these ports to the agent selected by our minister to receive the same.
Since that time the claims of our citizens have been adjusted by the board
of commissioners appointed for that purpose under the act of March 3, 1859,
and their awards, which proved satisfactory to the claimants, have been
approved by our minister. In the aggregate they amount to the sum of
$498,694.78. The claimants have already received a large proportion of the
sums awarded to them out of the fund provided, and it is confidently
expected that the remainder will ere long be entirely paid. After the
awards shall have been satisfied there will remain a surplus of more than
$200,000 at the disposition of Congress. As this will, in equity, belong to
the Chinese Government, would not justice require its appropriation to some
benevolent object in which the Chinese may be specially interested?
Our minister to China, in obedience to his instructions, has remained
perfectly neutral in the war between Great Britain and France and the
Chinese Empire, although, in conjunction with the Russian minister, he was
ever ready and willing, had the opportunity offered, to employ his good
offices in restoring peace between the parties. It is but an act of simple
justice, both to our present minister and his predecessor, to state that
they have proved fully equal to the delicate, trying, and responsible
positions in which they have on different occasions been placed.
The ratifications of the treaty with Japan concluded at Yeddo on the 29th
July, 1858, were exchanged at Washington on the 22d May last, and the
treaty itself was proclaimed on the succeeding day. There is good reason to
expect that under its protection and influence our trade and intercourse
with that distant and interesting people will rapidly increase.
The ratifications of the treaty were exchanged with unusual solemnity. For
this purpose the Tycoon had accredited three of his most distinguished
subjects as envoys extraordinary and ministers plenipotentiary, who were
received and treated with marked distinction and kindness, both by the
Government and people of the United States. There is every reason to
believe that they have returned to their native land entirely satisfied
with their visit and inspired by the most friendly feelings for our
country. Let us ardently hope, in the language of the treaty itself, that
"there shall henceforward be perpetual peace and friendship between the
United States of America and His Majesty the Tycoon of Japan and his
successors."
With the wise, conservative, and liberal Government of the Empire of Brazil
our relations continue to be of the most amicable character.
The exchange of the ratifications of the convention with the Republic of
New Granada signed at Washington on the 10th of September, 1857, has been
long delayed from accidental causes for which neither party is censurable.
These ratifications were duly exchanged in this city on the 5th of November
last. Thus has a controversy been amicably terminated which had become so
serious at the period of my inauguration as to require me, on the 17th of
April, 1857, to direct our minister to demand his passports and return to
the United States.
Under this convention the Government of New Granada has specially
acknowledged itself to be responsible to our citizens "for damages which
were caused by the riot at Panama on the 15th April, 1856." These claims,
together with other claims of our citizens which had been long urged in
vain, are referred for adjustment to a board of commissioners. I submit a
copy of the convention to Congress, and recommend the legislation necessary
to carry it into effect.
Persevering efforts have been made for the adjustment of the claims of
American citizens against the Government of Costa Rica, and I am happy to
inform you that these have finally prevailed. A convention was signed at
the city of San Jose on the 2d July last, between the minister resident of
the United States in Costa Rica and the plenipotentiaries of that Republic,
referring these claims to a board of commissioners and providing for the
payment of their awards. This convention will be submitted immediately to
the Senate for their constitutional action.
The claims of our citizens upon the Republic of Nicaragua have not yet been
provided for by treaty, although diligent efforts for this purpose have
been made by our minister resident to that Republic. These are still
continued, with a fair prospect of success.
Our relations with Mexico remain in a most unsatisfactory condition. In my
last two annual messages I discussed extensively the subject of these
relations, and do not now propose to repeat at length the facts and
arguments then presented. They proved conclusively that our citizens
residing in Mexico and our merchants trading thereto had suffered a series
of wrongs and outrages such as we have never patiently borne from any other
nation. For these our successive ministers, invoking the faith of treaties,
had in the name of their country persistently demanded redress and
indemnification, but without the slightest effect. Indeed, so confident had
the Mexican authorities become of our patient endurance that they
universally believed they might commit these outrages upon American
citizens with absolute impunity. Thus wrote our minister in 1856, and
expressed the opinion that "nothing but a manifestation of the power of the
Government and of its purpose to punish these wrongs will avail."
Afterwards, in 1857, came the adoption of a new constitution for Mexico,
the election of a President and Congress under its provisions, and the
inauguration of the President. Within one short month, however, this
President was expelled from the capital by a rebellion in the army, and the
supreme power of the Republic was assigned to General Zuloaga. This usurper
was in his turn soon compelled to retire and give place to General
Miramon.
Under the constitution which had thus been adopted Senor Juarez, as chief
justice of the supreme court, became the lawful President of the Republic,
and it was for the maintenance of the constitution and his authority
derived from it that the civil war commenced and still continues to be
prosecuted.