Part 57

WASHINGTON, January 24, 1861.

To the Senate of the United States:

In compliance with the resolution of the Senate of the 19th instant, requesting a copy of correspondence between the Department of State and ministers of foreign powers at Washington in regard to foreign vessels in Charleston, I transmit a report from the Secretary of State and the documents by which it was accompanied.

JAMES BUCHANAN.

WASHINGTON CITY, January 28, 1861.

To the Senate and House of Representatives of the United States:

I deem it my duty to submit to Congress a series of resolutions adopted by the legislature of Virginia on the 19th instant, having in view a peaceful settlement of the exciting questions which now threaten the Union. They were delivered to me on Thursday, the 24th instant, by ex-President Tyler, who has left his dignified and honored retirement in the hope that he may render service to his country in this its hour of peril. These resolutions, it will be perceived, extend an invitation "to all such States, whether slaveholding or nonslaveholding, as are willing to unite with Virginia in an earnest effort to adjust the present unhappy controversies in the spirit in which the Constitution was originally formed, and consistently with its principles, so as to afford to the people of the slaveholding States adequate guaranties for the securities of their rights, to appoint commissioners to meet, on the 4th day of February next, in the city of Washington, similar commissioners appointed by Virginia, to consider and, if practicable, agree upon some suitable adjustment."

I confess I hail this movement on the part of Virginia with great satisfaction. From the past history of this ancient and renowned Commonwealth we have the fullest assurance that what she has undertaken she will accomplish if it can be done by able, enlightened, and persevering efforts. It is highly gratifying to know that other patriotic States have appointed and are appointing commissioners to meet those of Virginia in council. When assembled, they will constitute a body entitled in an eminent degree to the confidence of the country.

The general assembly of Virginia have also resolved--

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.

JAMES BUCHANAN.

WASHINGTON, January 30, 1861.

To the Senate of the United States:

I have received the resolution of the Senate of the 24th instant, requesting the return to that body of the convention between the United States and the Republic of Venezuela on the subject of the Aves Island. That instrument is consequently herewith returned. It was approved by the Senate on the 24th June last with the following amendment:

Article III: Strike out this article, in the following words:

In consideration of the above agreement and indemnification, the Government of the United States and the individuals in whose behalf they have been made agree to desist from all further reclamation respecting the island of Aves, abandoning to the Republic of Venezuela whatever rights might pertain to them.

The amendment does not seem necessary to secure any right either of the United States or of any American citizen claiming under them. Neither the Government nor the citizens in whose behalf the convention has been concluded have any further claims upon the island of Aves. Nor is it known or believed that there are any claims against the Government of Venezuela having any connection with that island other than those provided for in this convention. I therefore recommend the reconsideration of the subject.

No steps have yet been taken toward making known to the Venezuelan Government the conditional approval of the convention by the Senate. This might have been necessary if the instrument had stipulated for a ratification in the usual form and it had been ratified accordingly. Inasmuch, however, as the convention contains no such stipulation, and as some of the installments had been paid according to its terms, it has been deemed preferable to suspend further proceedings in regard to it, especially as it was not deemed improbable that the Senate might request it to be returned. This anticipation has been realized.

JAMES BUCHANAN.

WASHINGTON, February 5, 1861.

To the Senate and House of Representatives:

I have received from the governor of Kentucky certain resolutions adopted by the general assembly of that Commonwealth, containing an application to Congress for the call of a convention for proposing amendments to the Constitution of the United States, with a request that I should immediately place the same before that body. It affords me great satisfaction to perform this duty, and I feel quite confident that Congress will bestow upon these resolutions the careful consideration to which they are eminently entitled on account of the distinguished and patriotic source from which they proceed, as well as the great importance of the subject which they involve.

JAMES BUCHANAN.

WASHINGTON, February 8, 1861.

To the Senate and House of Representatives: