Where it was deemed expedient particular rights of the States were

expressly guaranteed by the Constitution, but in all things besides these

rights were guarded by the limitation of the powers granted and by express

reservation of all powers not granted in the compact of union. Thus the

great power of taxation was limited to purposes of common defense and

general welfare, excluding objects appertaining to the local legislation of

the several States; and those purposes of general welfare and common

defense were afterwards defined by specific enumeration as being matters

only of co-relation between the States themselves or between them and

foreign governments, which, because of their common and general nature,

could not be left to the separate control of each State.

Of the circumstances of local condition, interest, and rights in which a

portion of the States, constituting one great section of the Union,

differed from the rest and from another section, the most important was the

peculiarity of a larger relative colored population in the Southern than in

the Northern States.

A population of this class, held in subjection, existed in nearly all the

States, but was more numerous and of more serious concernment in the South

than in the North on account of natural differences of climate and

production; and it was foreseen that, for the same reasons, while this

population would diminish and sooner or later cease to exist in some

States, it might increase in others. The peculiar character and magnitude

of this question of local rights, not in material relations only, but still

more in social ones, caused it to enter into the special stipulations of

the Constitution.

Hence, while the General Government, as well by the enumerated powers

granted to it as by those not enumerated, and therefore refused to it, was

forbidden to touch this matter in the sense of attack or offense, it was

placed under the general safeguard of the Union in the sense of defense

against either invasion or domestic violence, like all other local

interests of the several States. Each State expressly stipulated, as well

for itself as for each and all of its citizens, and every citizen of each

State became solemnly bound by his allegiance to the Constitution that any

person held to service or labor in one State, escaping into another, should

not, in consequence of any law or regulation thereof, be discharged from

such service or labor, but should be delivered up on claim of the party to

whom such service or labor might be due by the laws of his State.

Thus and thus only, by the reciprocal guaranty of all the rights of every

State against interference on the part of another, was the present form of

government established by our fathers and transmitted to us, and by no

other means is it possible for it to exist. If one State ceases to respect

the rights of another and obtrusively intermeddles with its local

interests; if a portion of the States assume to impose their institutions

on the others or refuse to fulfill their obligations to them, we are no

longer united, friendly States, but distracted, hostile ones, with little

capacity left of common advantage, but abundant means of reciprocal injury

and mischief. Practically it is immaterial whether aggressive interference

between the States or deliberate refusal on the part of any one of them to

comply with constitutional obligations arise from erroneous conviction or

blind prejudice, whether it be perpetrated by direction or indirection. In

either case it is full of threat and of danger to the durability of the

Union.

Placed in the office of Chief Magistrate as the executive agent of the

whole country, bound to take care that the laws be faithfully executed, and

specially enjoined by the Constitution to give information to Congress on

the state of the Union, it would be palpable neglect of duty on my part to

pass over a subject like this, which beyond all things at the present time

vitally concerns individual and public security.

It has been matter of painful regret to see States conspicuous for their

services in rounding this Republic and equally sharing its advantages

disregard their constitutional obligations to it. Although conscious of

their inability to heal admitted and palpable social evils of their own,

and which are completely within their jurisdiction, they engage in the

offensive and hopeless undertaking of reforming the domestic institutions

of other States, wholly beyond their control and authority. In the vain

pursuit of ends by them entirely unattainable, and which they may not

legally attempt to compass, they peril the very existence of the

Constitution and all the countless benefits which it has conferred. While

the people of the Southern States confine their attention to their own

affairs, not presuming officiously to intermeddle with the social

institutions of the Northern States, too many of the inhabitants of the

latter are permanently organized in associations to inflict injury on the

former by wrongful acts, which would be cause of war as between foreign

powers and only fail to be such in our system because perpetrated under

cover of the Union.

Is it possible to present this subject as truth and the occasion require

without noticing the reiterated but groundless allegation that the South

has persistently asserted claims and obtained advantages in the practical

administration of the General Government to the prejudice of the North, and

in which the latter has acquiesced? That is, the States which either

promote or tolerate attacks on the rights of persons and of property in

other States, to disguise their own injustice, pretend or imagine, and

constantly aver, that they, whose constitutional rights are thus

systematically assailed, are themselves the aggressors. At the present time

this imputed aggression, resting, as it does, only in the vague declamatory

charges of political agitators, resolves itself into misapprehension, or

misinterpretation, of the principles and facts of the political

organization of the new Territories of the United States.

What is the voice of history? When the ordinance which provided for the

government of the territory northwest of the river Ohio and for its

eventual subdivision into new States was adopted in the Congress of the

Confederation, it is not to be supposed that the question of future

relative power as between the States which retained and those which did not

retain a numerous colored population escaped notice or failed to be

considered. And yet the concession of that vast territory to the interests

and opinions of the Northern States, a territory now the seat of five among

the largest members of the Union, was in great measure the act of the State

of Virginia and of the South.

When Louisiana was acquired by the United States, it was an acquisition not

less to the North than to the South; for while it was important to the

country at the mouth of the river Mississippi to become the emporium of the

country above it, so also it was even more important to the whole Union to

have that emporium; and although the new province, by reason of its

imperfect settlement, was mainly regarded as on the Gulf of Mexico, yet in

fact it extended to the opposite boundaries of the United States, with far

greater breadth above than below, and was in territory, as in everything

else, equally at least an accession to the Northern States. It is mere

delusion and prejudice, therefore, to speak of Louisiana as acquisition in

the special interest of the South.

The patriotic and just men who participated in the act were influenced by

motives far above all sectional jealousies. It was in truth the great event

which, by completing for us the possession of the Valley of the

Mississippi, with commercial access to the Gulf of Mexico, imparted unity

and strength to the whole Confederation and attached together by

indissoluble ties the East and the West, as well as the North and the

South.

As to Florida, that was but the transfer by Spain to the United States of

territory on the east side of the river Mississippi in exchange for large

territory which the United States transferred to Spain on the west side of

that river, as the entire diplomatic history of the transaction serves to

demonstrate. Moreover, it was an acquisition demanded by the commercial

interests and the security of the whole Union. In the meantime the people

of the United States had grown up to a proper consciousness of their

strength, and in a brief contest with France and in a second serious war

with Great Britain they had shaken off all which remained of undue

reverence for Europe, and emerged from the atmosphere of those

transatlantic influences which surrounded the infant Republic, and had

begun to turn their attention to the full and systematic development of the

internal resources of the Union.

Among the evanescent controversies of that period the most conspicuous was

the question of regulation by Congress of the social condition of the

future States to be rounded in the territory of Louisiana.

The ordinance for the government of the territory northwest of the river

Ohio had contained a provision which prohibited the use of servile labor

therein, subject to the condition of the extraditions of fugitives from

service due in any other part of the United States. Subsequently to the

adoption of the Constitution this provision ceased to remain as a law, for

its operation as such was absolutely superseded by the Constitution. But

the recollection of the fact excited the zeal of social propagandism in

some sections of the Confederation, and when a second State, that of

Missouri, came to be formed in the territory of Louisiana proposition was

made to extend to the latter territory the restriction originally applied

to the country situated between the rivers Ohio and Mississippi.

Most questionable as was this proposition in all its constitutional

relations, nevertheless it received the sanction of Congress, with some

slight modifications of line, to save the existing rights of the intended

new State. It was reluctantly acquiesced in by Southern States as a

sacrifice to the cause of peace and of the Union, not only of the rights

stipulated by the treaty of Louisiana, but of the principle of equality

among the States guaranteed by the Constitution. It was received by the

Northern States with angry and resentful condemnation and complaint,

because it did not concede all which they had exactingly demanded. Having

passed through the forms of legislation, it took its place in the statute

book, standing open to repeal, like any other act of doubtful

constitutionality, subject to be pronounced null and void by the courts of

law, and possessing no possible efficacy to control the rights of the

States which might thereafter be organized out of any part of the original

territory of Louisiana.

In all this, if any aggression there were, any innovation upon preexisting

rights, to which portion of the Union are they justly chargeable? This

controversy passed away with the occasion, nothing surviving it save the

dormant letter of the statute.

But long afterwards, when by the proposed accession of the Republic of

Texas the United States were to take their next step in territorial

greatness, a similar contingency occurred and became the occasion for

systematized attempts to intervene in the domestic affairs of one section

of the Union, in defiance of their rights as States and of the stipulations

of the Constitution. These attempts assumed a practical direction in the

shape of persevering endeavors by some of the Representatives in both

Houses of Congress to deprive the Southern States of the supposed benefit

of the provisions of the act authorizing the organization of the State of

Missouri.

But the good sense of the people and the vital force of the Constitution

triumphed over sectional prejudice and the political errors of the day, and

the State of Texas returned to the Union as she was, with social

institutions which her people had chosen for themselves and with express

agreement by the reannexing act that she should be susceptible of

subdivision into a plurality of States.

Whatever advantage the interests of the Southern States, as such, gained by

this were far inferior in results, as they unfolded in the progress of

time, to those which sprang from previous concessions made by the South.

To every thoughtful friend of the Union, to the true lovers of their

country, to all who longed and labored for the full success of this great

experiment of republican institutions, it was cause of gratulation that

such an opportunity had occurred to illustrate our advancing power on this

continent and to furnish to the world additional assurance of the strength

and stability of the Constitution. Who would wish to see Florida still a

European colony? Who would rejoice to hail Texas as a lone star instead of

one in the galaxy of States? Who does not appreciate the incalculable

benefits of the acquisition of Louisiana? And yet narrow views and

sectional purposes would inevitably have excluded them all from the Union.

But another struggle on the same point ensued when our victorious armies

returned from Mexico and it devolved on Congress to provide for the

territories acquired by the treaty of Guadalupe Hidalgo. The great

relations of the subject had now become distinct and clear to the

perception of the public mind, which appreciated the evils of sectional

controversy upon the question of the admission of new States. In that

crisis intense solicitude pervaded the nation. But the patriotic impulses

of the popular heart, guided by the admonitory advice of the Father of his

Country, rose superior to all the difficulties of the incorporation of a

new empire into the Union. In the counsels of Congress there was manifested

extreme antagonism of opinion and action between some Representatives, who

sought by the abusive and unconstitutional employment of the legislative

powers of the Government to interfere in the condition of the inchoate

States and to impose their own social theories upon the latter, and other

Representatives, who repelled the interposition of the General Government

in this respect and maintained the self-constituting rights of the States.

In truth, the thing attempted was in form alone action of the General

Government, while in reality it was the endeavor, by abuse of legislative

power, to force the ideas of internal policy entertained in particular

States upon allied independent States. Once more the Constitution and the

Union triumphed signally. The new territories were organized without

restrictions on the disputed point, and were thus left to judge in that

particular for themselves; and the sense of constitutional faith proved

vigorous enough in Congress not only to accomplish this primary object, but

also the incidental and hardly less important one of so amending the

provisions of the statute for the extradition of fugitives from service as

to place that public duty under the safeguard of the General Government,

and thus relieve it from obstacles raised up by the legislation of some of

the States.

Vain declamation regarding the provisions of law for the extradition of

fugitives from service, with occasional episodes of frantic effort to

obstruct their execution by riot and murder, continued for a brief time to

agitate certain localities. But the true principle of leaving each State

and Territory to regulate its own laws of labor according to its own sense

of right and expediency had acquired fast hold of the public judgment, to

such a degree that by common consent it was observed in the organization of

the Territory of Washington. When, more recently, it became requisite to

organize the Territories of Nebraska and Kansas, it was the natural and

legitimate, if not the inevitable, consequence of previous events and

legislation that the same great and sound principle which had already been

applied to Utah and New Mexico should be applied to them--that they should

stand exempt from the restrictions proposed in the act relative to the

State of Missouri.

These restrictions were, in the estimation of many thoughtful men, null

from the beginning, unauthorized by the Constitution, contrary to the

treaty stipulations for the cession of Louisiana, and inconsistent with the

equality of these States.

They had been stripped of all moral authority by persistent efforts to

procure their indirect repeal through contradictory enactments. They had

been practically abrogated by the legislation attending the organization of

Utah, New Mexico, and Washington. If any vitality remained in them it would

have been taken away, in effect, by the new Territorial acts in the form

originally proposed to the Senate at the first session of the last

Congress. It was manly and ingenuous, as well as patriotic and just, to do

this directly and plainly, and thus relieve the statute book of an act

which might be of possible future injury, but of no possible future

benefit; and the measure of its repeal was the final consummation and

complete recognition of the principle that no portion of the United States

shall undertake through assumption of the powers of the General Government

to dictate the social institutions of any other portion.

The scope and effect of the language of repeal were not left in doubt. It

was declared in terms to be "the true intent and meaning of this act not to

legislate slavery into any Territory or State, nor to exclude it therefrom,

but to leave the people thereof perfectly free to form and regulate their

domestic institutions in their own way, subject only to the Constitution of

the United States."

The measure could not be withstood upon its merits alone. It was attacked

with violence on the false or delusive pretext that it constituted a breach

of faith. Never was objection more utterly destitute of substantial

justification. When before was it imagined by sensible men that a

regulative or declarative statute, whether enacted ten or forty years ago,

is irrepealable; that an act of Congress is above the Constitution? If,

indeed, there were in the facts any cause to impute bad faith, it would

attach to those only who have never ceased, from the time of the enactment

of the restrictive provision to the present day, to denounce and condemn

it; who have constantly refused to complete it by needful supplementary

legislation; who have spared no exertion to deprive it of moral force; who

have themselves again and again attempted its repeal by the enactment of

incompatible provisions, and who, by the inevitable reactionary effect of

their own violence on the subject, awakened the country to perception of

the true constitutional principle of leaving the matter involved to the

discretion of the people of the respective existing or incipient States.

It is not pretended that this principle or any other precludes the

possibility of evils in practice, disturbed, as political action is liable

to be, by human passions. No form of government is exempt from

inconveniences; but in this case they are the result of the abuse, and not

of the legitimate exercise, of the powers reserved or conferred in the

organization of a Territory. They are not to be charged to the great

principle of popular sovereignty. On the contrary, they disappear before

the intelligence and patriotism of the people, exerting through the ballot

box their peaceful and silent but irresistible power.

If the friends of the Constitution are to have another struggle, its

enemies could not present a more acceptable issue than that of a State

whose constitution clearly embraces "a republican form of government" being

excluded from the Union because its domestic institutions may not in all

respects comport with the ideas of what is wise and expedient entertained

in some other State. Fresh from groundless imputations of breach of faith

against others, men will commence the agitation of this new question with

indubitable violation of an express compact between the independent

sovereign powers of the United States and of the Republic of Texas, as well

as of the older and equally solemn compacts which assure the equality of

all the States.

But deplorable as would be such a violation of compact in itself and in all

its direct consequences, that is the very least of the evils involved. When

sectional agitators shall have succeeded in forcing on this issue, can

their pretensions fail to be met by counter pretensions? Will not different

States be compelled, respectively, to meet extremes with extremes? And if

either extreme carry its point, what is that so far forth but dissolution

of the Union? If a new State, formed from the territory of the United

States, be absolutely excluded from admission therein, that fact of itself

constitutes the disruption of union between it and the other States. But

the process of dissolution could not stop there. Would not a sectional

decision producing such result by a majority of votes, either Northern or

Southern, of necessity drive out the oppressed and aggrieved minority and

place in presence of each other two irreconcilably hostile confederations?

It is necessary to speak thus plainly of projects the offspring of that

sectional agitation now prevailing in some of the States, which are as

impracticable as they are unconstitutional, and which if persevered in must

and will end calamitously. It is either disunion and civil war or it is

mere angry, idle, aimless disturbance of public peace and tranquillity.

Disunion for what? If the passionate rage of fanaticism and partisan spirit

did not force the fact upon our attention, it would be difficult to believe

that any considerable portion of the people of this enlightened country

could have so surrendered themselves to a fanatical devotion to the

supposed interests of the relatively few Africans in the United States as

totally to abandon and disregard the interests of the 25,000,000 Americans;

to trample under foot the injunctions of moral and constitutional

obligation, and to engage in plans of vindictive hostility against those

who are associated with them in the enjoyment of the common heritage of our

national institutions.

Nor is it hostility against their fellow-citizens of one section of the

Union alone. The interests, the honor, the duty, the peace, and the

prosperity of the people of all sections are equally involved and imperiled

in this question. And are patriotic men in any part of the Union prepared

on such issue thus madly to invite all the consequences of the forfeiture

of their constitutional engagements? It is impossible. The storm of frenzy

and faction must inevitably dash itself in vain against the unshaken rock

of the Constitution. I shall never doubt it. I know that the Union is

stronger a thousand times than all the wild and chimerical schemes of

social change which are generated one after another in the unstable minds

of visionary sophists and interested agitators. I rely confidently on the

patriotism of the people, on the dignity and self-respect of the States, on

the wisdom of Congress, and, above all, on the continued gracious favor of

Almighty God to maintain against all enemies, whether at home or abroad,

the sanctity of the Constitution and the integrity of the Union.

***

State of the Union Address

Franklin Pierce

December 2, 1856

Fellow-Citizens of the Senate and of the House of Representatives:

The Constitution requires that the President shall from time to time not

only recommend to the consideration of Congress such measures as he may

judge necessary and expedient, but also that he shall give information to

them of the state of the Union. To do this fully involves exposition of all

matters in the actual condition of the country, domestic or foreign, which

essentially concern the general welfare. While performing his

constitutional duty in this respect, the President does not speak merely to

express personal convictions, but as the executive minister of the

Government, enabled by his position and called upon by his official

obligations to scan with an impartial eye the interests of the whole and of

every part of the United States.

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