heir 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
|