VOLUME 53.
NEW SERIES.
THE BEDFORD GAZETTE
is PUBLISHED EVERY FRIDAY MORNING
BY .MEYERS & BENFORD,
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[jyXo Mi'Jscription taken for less Than six months.
QgrNo paper discontinued until all arrearages are
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:>een decided by the United States Courts, tha' the
stoppage of a newspaper without the payment ' ar
rearages, is prima facie evidence ot fraud and .s a
criminal oflence.
CCF*The com ts have derided that persons are ac
countable for the subscription price of newspapers,
if they take them from the post office, whethertbe y
subscribe for them, or not.
FtUotr Citizens of the -Senate ami House of Repre
sentatives:
When we compare the condition of the coun
try at the present day with what it was on>-
vear ago, at the meeting of Congress, we have
much reason for gratitude to that Almighty
Providence, which has never failed to inter
pose for our relief, at the most critical periods
of our history One year ago, the sectional
strife bet ween the North and the South on the
dangerous subject of slavery, had again become
so intense as to threaten the peace and perpetu
ity of the confederacy. The application for the
admission of Kansas as a State into the Union,
fostered this unhappy agitation, and brought
the whole subject once more oefore Congress,
ii was the desire of every patriot that such
measures of legislation might be adopted, as
would remove the excitement from the States,
and confine it to the Territory where it legiti
mately b> longed. Much has been done, fam
happy to say, towards the accomplishment of
this object during the last session of Congress.
The Supreme Court of the United Stales had
previously decided, that all American citizens
have ari equal right to take into the Territories,
whatever is held as pioperty under the laws of
any ol the States, and to hold such property
there under the guardianship of the federal con
stitution, so long as the territorial constitution
shall remain.
This is now a well-established position, and
the proceedings of the last session were alone
wanting to give it practical effect. The prin
ciple has been recognised, in some form or other,
by an almost unanimous vote of both houses of
Congress, that a Territory has aright to come
into the Union either as a free or slave State,
according to the will of a majority of its peo
ple. The just equality of ail the States has thus
been vindicated, and a truitful source of dan
gerous dissension aironn them ha
red.
Whilst such has been the beneficial tendency
of your legislative proceedings outside of Kan-.
sas, their influence has nowhere been so happy
as within that Territory itself. Left to manage
and control its own affairs in its own way, with
out the pressure of external influence, the revo
lutionary Topeka organization and all resistance
to the territorial government established by
Congiess, have been finally abandoned. As a
natural consequence, that fine Territory now
appears to be tranquil and prosperous, and is
attracting increased thousands of immigrants to
make it their happy home.
The past unfortunate experience of Kansas,
has enforced the lesson so often already taught,
that resistance to lawful authority, under our
form of government, cannot fail in "the end to
prove disastrous to its authors. Had the peo
ple of that Territory yielded obedience to the
laws enacted by their legislature, it would at
the piesent moment have contained a large ad
ditional population of industrious and enterpri
sing citizens, who have been deterred from en
tering its borders by the existence of civil strife
and organized rebellion.
It was the resistance to rightful authority and
the persevering attempts to establish a revolu
tionary government under the Topeka constitu
tion, which caused the people of Kansas to
commit the grave error ol refusing to vote for
delegates to the convention to frame a constitu
tion, under a law not denied to he fair and just
in its provisions. This refusal to vote has been
the prolific source of all the evils which have
followed. In their hostility to the territorial
government, they disregarded the principle, ab
solutely essentia! to the working of our form of
government, that a majority of those who vote
not the majority vvho may remain at home.
from whatever cause—must decide the result of
an election. For this reason, seeking to take
advantage of their own error, they denied the
authority of the convention thus elected to frame
a constitution.
The convention, notwithstanding, proceeded
to adopt a constitution unexceptiouable in its
general features, and providing for tfie submis
sion of the slavery question to a voteot the peo
ple, which, in my opinion, they were bound to
do, under the Kansas and Nebraska act. This
was the all-imj>ortant question which had alone
convulsed the Territory; and yet the opponents
of the lavful government, persisting in their
first error, refrained from exercising their right
to vote, and preferred that slavery should con
tinue, rather than surrender their revolutionary
Topeka organization.
A wiser and better spirit seemed to prevail
before the first Monday of January last, when
an election was held under the constitution. A
majority of the people then voted for a gover
nor and other State officers, for a member of
Congress, and members of the State legislature.
This election was warmly contested by the two
political parties in Kansas, and a greater vote
was polled than at any previous election. A
large majority of the members of the legislature
elect belonged to that party which had previ
ously refused to vote. The anti-slavery party
were thus placed in the ascendant, and the po
litical power of the State was in their own
hands. Had Congress admitted Kansas into
the Union under the Lecompton constitution,
the legislature might, at its very first session,
With my deep convictions of duty, I could
have pursued no other course. It is true, that,
as an individual, I had expressed an opinion,
both before and during the session of the con
vention, in favor of submitting the remaining
clauses of the constitution, as well as that con
cerning slavery, to the p-ople. But, acting in
an official character, neither myself nor any
human authority had the power to rejndge tile
proceedings of the convention, and declare the
constitution which it had framed to be a nullity.
To have done this would have been a violation
of the Kansas and Nebraska act, which left the
people of the Territory "perfectly free to form
and regulate their domestic institutions in their
own wav, subject only to the constitution ofthe
United States." It would equally have viola
ted the great piinciple of popular sovereignty,
at the foundation of our institutions, to depiive
the people ofthe power, if they thought proper
to exercise it, of confiding to delegates elected
by themselves the trust of framing the constitu
tion, without requiring them to subject their
constitution to the trouble, expense, and delay
of a second election. It would have been in
opposition to many precedents in our history,
commencing in the v ry best age of the repub
lic, of the admission ol Territories as States in
to the Union, without a previous vote of the
people approving their constitution.
It is to be lamented that a question so insig
nificant when viewed in its practical effects on
the people of Kansas, whether decided one way
or the other, should have kindled such a flame
o/ .-.tieinent throughout the r.uintrv .
reflection may prove to Be a lesson ot wisdom
and of warning for our future guidance. I'rac
tically consideied, the question is simply
whether the people ol that Territory should
first come into the Union and then change any
provision in their constitution not agreeable to
themselves, or accomplish the very same object
!>v remaining out of the Union and framing an
other constitution in accoidance with their
will 1 In either case, the result would be pre
cisely the same. The only difference in point
ot fact is, that the object would have been
much sooner attained, and the pacification of
Kansas more speedily effected, had it been ad
mitted as a State during the last session of Con
gress.
My recommendation, however, for the im
mediate admission of Kansas, failed to meet the
approbation ol Congress. They deemed it wi
ser to adopt a different measure for the set'.le-
have submitted the question to a vote of the
people, whether they would or would not have
a convention to amend their constitution either
on the slavery or any other question, and have
adopted all necessary means tor giving speedy
e(]'ect to the will of the majority. Thus the
Kansas question would have been immediately
and finally settled.
Under these circumstances, I submitted to
Congress the constitution thus framed, with all
the officers already elected necessary to pui the
State government into operation, accompanied
by a strong recommendation in lavor ol the ad
mission of Kansas as a State. In the course of
my long public life I have never performed any
official act which, in the retrospect, has aflor
ded me more heart-felt satisfaction. Its admis
sion could have inflicted no possible injury on
any human being, whilst it would, within a
bri"f period, have restored peace to Kansis an.l
harmony to the Union. In that event, the .sla
very question would ere this have been finally
settled, according to the legally-expressed will!
of a majority of the voters, and popular sover- :
eignty would thus have been vindicated in a
constitutional manner.
ment of the question. For my own part, I
should have been willing to yield my assent to j
almost any constitutional measure to accom- ;
plish this object. I, therefore, cordially acqui
esced in what has been called the English Com- |
promise, and approved the "Act for the adinis- |
sion of the State of Kansas into the Union" up- j
on the terms therein prescribed.
Under the ordinance which accompanied the j
Lecompton constitution, the people of Kansas
had claimed double the quantity of public lands '
for the support of common schools, which had :
ever been previously granted to any State upon
entering into the Union; and also the alternate ;
sections of land for twelve miles on each side;
of two railroads, proposed to he constructed from
the northern to the southern boundary, and j
from the eastern to the western boundary ol the 1
State. Congress, deeming these claims univa- I
'• nable, provided, by the act of May 4, lbhS,
to which 1 have just referred, for the admission
of the State on an equal looting with the origi- i
nal States, but "upon the fundamental condi
tion precedent" that a majority of the people j
thereof, at an election to be held for that pur
pose, should, in place of the very large grants j
of public lands which they had demanded un
der the ordinance, accept such grants as had
been made to Minnesota and other new States.
Under this act, should a majority reject the pro
position oflered them, "it shall be deemed and j
held that the people of Kansas do not desire ad- ;
mission into the Union with said constitution !
under the conditions set forth in said proposi- :
tion." In that event, the act authorizes the!
people of the Territory to elect delegates to .
form a constitution and State government for
themselves, "whenever, and not before, it is
ascertained by a census, duly and legally taken,
that the population of said Territory equals cr
exceeds the ratio ot representation required for
a member of the House of Representatives of
the Congress ot the United Stafps." The dele- ,
gates thus assembled "shall first determine by a
vote whether it is the wish of the people ol the
proposed State to be admitted into the Union
at that time and, if so, shall proceed to form a
constitution, and take all necessary steps for
the establishment of a Stale government in con
formity with the federal -institution." After
this const it utiuft shall hav'e been formed, Con
gress, can ving out the principles of popular
sovereignty and non-intervention, have left
"the mode and manner of its approval or rati
fication by the people of the proposed State" ha
BEDFORD, PA., FRIDAY MORNING, DECEMBER 17,1858.
be "prescribed by law," and they "shall then
be admitted into the Union a a State under
such constitution thus fairly and legally made,
with or without slavery, as said constitution
: may prescribe."
An election was held throughout Kansas, in
pursuance of the provisions of this act, on the
j second day ol August last, and it resulted in the
! iejection, by a large majority, of the proposition
submitted to the people by Congress. This be
ing case, they are now authorized to form
! another constitution, preparatory to admission
' into the Union, but not until their number, as
j ascertained by a census, shall equal or exceed
I the ratio required to elect a member to the
| House of Representatives.
It is not probable, in the present state o' the
: case, that a third constitution can be lawfully
! framed and presented to Congress by Kansas,
be/ore its population shall have reached the
designated number. .Nor is it to be presumed
that, after their sad experience in resisting the
territorial laws, they will attempt to adopt a
constitution in express violation of the provis
ions of an act of Congress. During the session
of 1856, much of the tim- of Congivs was oc
cupied on the question of admitting Kansas un
der the Topeka constitution. Again, nearly
the whole-of the last session was devoted to
the question of its admission under the Le
compton constitution. Surely it is not untea- !
sonable to require the people of Kansas to wait,
before making a tbiid attempt, until the num
ber ol their inhabitants shall amount to ninety
three thousand four hundred and twenty. Du
ring this brie! period the harmony of the State,,
as well as tile great business interests of the
countrv, demand that the people of the Union
shall not for a third time be convulsed by an
other agitation on the Kansas question. By
waiting for a short time, and acting in obedi
ence to law, Kansas will glide into the Union
without the slightest impediment.
This excellent provision, which Congress
has apjdied to Kansas, ought to be extended
and rendered applicable to all Territories which
may hereafter seek admission into the Union.
Whilst Congress possesses the undott ted
power of admitting a new State into the Union,
however small may be the number of its inhabi
tants, yet this power ought not, in my opinion,
to be exercised before the population shall a
mount to tlie ratio required by tbe act for the
admission of Kansas. Had this been previously
the rule, the country would have escaped all
the evils and misfortunes to which it has been
exposed by the Kansas question.
Of course, it would be unjust to give this
rule a retrospective application,and exclude a
State which, acting upon tbe past practice of the
tion, elected its legislature and other officers,
and is now prepared to enter the Union.
The rule ought to be adopted, whether we
consider its bearing on '.lie peo[*j-uf the Territo
ries oi upon the people of the existing States.
Many of the serious dissensions which have
prevailed in Congress and throughout the coun
try, would have been avoided, had this rule
been established at an eailser period of the
govern ment.
Immediately upon the formation of a now
Territory, people trom different States and from
foreign countries rush into it, for the laudable
purpose of improving their condition. Their
first duly to themselves is to open and < uitivate
farms, to construct roads, to establish schools,
to erect places of religious worship, and to de
vote their energies generally to reclaim the
wilderness and to lay the foundations of a
flourishing and prosperous commonwealth. If,
in this inripent condition, with a population of
a few thousand, they should premiturely enter
the Union, they are oppressed hv the burden
of State taxation, and the means necessary lor
the improvement of the Tenitory and the ad
vancement of Iheir own interests, are thus di
verted to very different purposes.
The fedeial government has ever been a
liberal parent to tiie Territories, arid a generous
contributor to the useful enterprises of (he early j
settlers. It has paid Ihe expenses of their
governments and legislative assemblies out of
lhe common treasury, and thus relieved them :
from a heavy charge. Under thesecircumstan- \
ces, nothing can be better calculated to retard
their material progress, than to divert them
from their useful employments *by prematurely
exciting angry po 1 iti cal contests among them
selves, for the benefit of aspiring leaders. It is
surely no hardship for embryo governors, sena- j
tors, and nembers of Congress, to wait until t he
number of inhabitants shall equal those of a
single congressional district. They surely
ought not b • permitted to rush into the Union,
with a population less than one-half of seveia!
of the large counties in the interior of some of
the States. This was the condition of Kansas;
when it made application to he admitted under ;
the Topeka constitution. Besides, it requires
some time to render the mass of a population j
collected in a new Territory, at all homogerie- 1
ous. and to unite them on anything like a fixed
policy. Esiahlish the rule, and tall will look
forward to it and govern themselves accordingly.
But justice to the people of the several States
requires that this rule should be established by
j Congress. Each State is entitled to two sena
tors and at least one repi esentative in Congress. ,
Should the people of the States fail to elect a I
Vice President, the power devolves upon the
Senate to select this officer from the two high
est candidates on the list. In case of the death
of the President, the Vice President thus eltc
i ted by the Seriate, becomes President of the
j United States. On all questions of legislation,
■ the senators from the smalleet States of the
; Union have an equal vote with those from the
| largest. The same may be said in regard to
l the ratification of treaties, and of Executive
appointments. All this has worked admirably
! in practice, and whilst it conforms in principle
with the character of a government instituted
!by sovereign States, I presume no American
! citizen would desire the slightest change in the
; arrangement. Still, is jt not unjust and une-
Freedom of Thought and Opinion.
qtial to the existing States to invest some forty
or fifty thousand people collected in a Territory
with the attributes of sovereignty, aud place
them on an equal footing with Virginia and
New York in the senate of the United States'?
FoC these reasons, I earnestly recommend
the passage of a general act, which shall pro
vide that upon the application of a territorial
legislature, declaring their belief that the
Territory contains a number of inhabitants
which, if in a Statp, would entitle them to elect
a member of Congress, it shall be the duty of
the President to cause a census ol the inhabi
tants to be taken, and if found sufficient, then
by thy terms of this act to authorize them to
proceed "in their own way" to frame a State
constitution preparatory to admission into the
Union. I also recommend that an appropria
tion may be made, to enable the President to
take a census of the people of Kansas.
The present condition ol the Territory of
Utah, when contrasted with what it was one
year ago, is a subject for congratulation. It
was then in a state of open rebellion, and cost
what it might, the character of the government
required, that this rebellion should be suppressed
and the Mormons compelled to yield obedience
to tin constitution and the laws. In order to
accomplish this object, as I informed you in
rnv last annual message, I aopoin-ed a new
governor instead of Brighatn Young, and other
federal officers to take the place of those who,
consulting their personal salety, had found it
necessary to withdraw from the Territory. To
protect these civil officers, and to aid them, as
passe comi/iitus , in the execution of the laws
in thecase of'need, I ordered a detachment of
the army toaccompanv them to Utah. The
necessity for adopting these measures is now
demonstrated.
On tli" 15th of September, IS">7, Governor
Young issued tils proclamation, in the style of
an in Op*n lent sovereign, announcing his pur
pose to resist by force of arms the entry of the
United States troops in our own Territory, to
"hold themselves in readiness to march at a
moment's notice to repel any and all such inva
i >ns, and established martial law from its date
throughout the Territory. These proved to he
no idle threats. Forts Bridger and Supply
were vacated and burnt down by the Mormons,
to deprive our troops of a shelter after
their long fatiguing march. Orders were issued
by Daniel H. HMD, styling himself "Lieuten
ant General. Xauvoo Legion," to stampede the
animals of the United States troops on their
march, to set fire to their trains, to burn the
grass and the whole country before them anil
on their (links, to keep them from sleeping bv
l l ' 4t - l .'L KUr l ri^-, -- n d! fords of rivers,
&.C., &.C., &c.
These orders were promptly and effectually
obeyed. On the 4th October, 1807, the Mor
mons captured and burned on Green River,
three of our supply trains, consisting of seventy
five wagons loaded with provisions and tents
for thearmv. and carried away several hundred
animals. This diminshed the supply of provis
ions so mateisally that General Johnston was
obliged to ieduce the ration, and even with this
precaution, there was only sufficient left to sub
sist the troops until the first of June.
Our little army behaved admirably in their
encampment at Fort Bridger, under these try
ing privations. In the midst of the mountains,
in a dreary, unsettled, and inhospitable region,
more than a thousand miles from home, they
passed the severe and inclement winter v\ it fl
out a murmur. They looked forward with con
fidence for relief from their country in due sea
son, arid in this they were not disappointed.
The Secretary of War employed all bis ener
gi-s to forward them the necessary supplies, and
in muster anil send such a military force to
Utah vs would render resistance on the part
of the Mormons hopeless, arid thus terminate
the war without the effusion of blood. In his
efforts he was etfii iently sustained by Congiess.
They granted appropriations sufficient to cover
the deficiency thus necessarily created, and also
provided for raiding two regiments of volunteers,
"for the purpose of quelling disturbances in the
Territory of Utah, for the protection] of supply
and emigrant trains, and the suppression of Indi
an hostilities on the frontiers." Happily,
there was no occasion to call these regiments
into service. If there had been, I shonld have
felt serious embairassment in selecting them,
so great was the number of our brave and patri
otic citizen* anxious to serve their country in
tins distant and apparently dangerous expedition.
Thus it has ever been, and thus may it ever
be !
The wisdom and economy of sending suffi
cient reinforcements to Utah are established
not only by the event, but in the opinion of
those who, from their position and opportuni
ties, are the most capable of forming a correct
judgment. General Johnston, the comman
der of the forces, in addressing the Secretary of
War from Fort Bridger, under date of October
17, lSf>7, expresses the opinion that "unless a
large force is sent here, from the nature of the
country, a protracted war on their [lhe Mor
mon*'] part is inevitable." This he considered
necessary, to terminate the war "speedily 3nd
more economically than if attempted by iusutii
cient means."
In the mean time, it was my anxious desire
that the Mormons should yield obedience to the
constitution and the laws, without rendering
it necessary to resort to military force. lo
aid in accomplishing this object, I deemed it
advisable in April last, to despatch two distin
guished citizens of the United States, Messrs.
Powell and McCulloch, to Utah. They bore
with them a proclamation addressed by myself
to the inhabitants of Ulah, dated on the sixth
day of that month, warning them of their true
condition, and how hopeless it was on their
part to persist in rebellion against the United
Slates, and offering all those who should sub
mit to the laws a lull pardon for their past sedi
tions acd treasons. At the same time, I assu
red those who should persist iu rebellion against
the United States, that they must expect no
further lenity, but look to be rigorously dealt
with according to their deserts. The instruc
tions to these agents, as well as a copy ol the
proclamation, and their reports, are herewith
submitted. Tt will lie seen hv their report, of
the 3d of July last, that they have fully confir
med the opinion expressed by General John
ton in the previous October, as to the necessity
of sending reinforcements to Utah. In this
they state, (hat they "are firmly impressed with
the belief (hat the presence of the army here
and the large additional force that hal been
ordered to this Territory, were the chief induce
ments that caused the Mormons to abandon the
id-a of resisting the authoiity of the United
States. A less decisive policy would probably
have resulted in a long, bloody, and expensive
war."
These gentlemen conducted themselves to my
entire salisfaction, and rendered useful services
in executing the humane intentions of the
government.
It also affords me satisfaction to stale, that
Governor Cummin? has performed his duty in
an able and conciliatory manner, {and with the
happiest effect. I cannot, in this connexion,
refrain from mentioning the valuable services
of Col. Thomas L. Kane, who. from motives
of pure benevolence, and without any official
character or pecuniary compensation, visited
Utah during the last inclement winter, for the
purpose of contributing to the pacification of
of the Territory.
I am happy to inform you, that the governor
and other civil officers of Utah, are now perfor
ming their appropriate funcl ions without resis
tance. The authority of the constitution
an.l the laws has been fully restored, and peace
prevails throughout the Territory.
A port ion of the troops sent to Utah are now
encamped in Cedar valley, forty-four miles
southwest of Salt Lake City : and the remainder
have been ordered to Oregon to suppress Indi
an hostilities.
The march of the army to Salt Lake City,
through the Indian Territory, has had a power
ful effect in restraining the hostile feelings a
gainst tlie United States, which existed among
the Indians in that region, and securing emi
grants to the Far West against their depreda
tions. This will aiso be the means of establish
ing military posts anil promoting settlements a
long the route.
I recommend that the benefits of our land
laws and pre-emption system be extended to
the people of Utah, by the establishment of a
land office in that Territory.
I have nrracion lr\ tuxnit ralj)AW.ji—
You were informed by tbe last annual mes
sage, that our minister had been instructed to
occupy a neutral position in the hostilities con
ducted by Great Britain and France against
Canton. He was, however, at the same time,
directed to co-operate cordially with the British
and French ministers, in all peaceful measuies
to secure by treaty those just concessions to
foreign commerce, which the nations of the
world had a right to demand. It was impossi
ble for me to proceed further than this, on my
own authority, without usurping the war-ma
king power, which, under the constitution, be
longs exclusively to Congress.
Besides, alter a careful examination ot the
nature and extent of our grievances, I did not
believe they were of such a pressing and
aggravated character, as would have justified
Congress in declaring war against the Chinese
empire, without first making another earnest at
tempt to adjust them by peaceful negotiations.
I was the more inclined to this opinion, because
of the severe chastisement which ha 1 then but
recently been inflicted upon the Chinese by our
squadron, in the capture and destruction ot the
Barrier forts, to avenge an alleged insult to our
flag.
The event has proved the wisdom of our neu
trality. Our minister lias executed his instruc
tions with eminent skill and ability. In con
junction with the Russian plenipotentiary, he
has peacefully, but effectually, co-operated
with the English and French plenipotentiaries;
and each of the four powers has concluded a
separate treaty with China, of a highly satis
factory character. The treaty concluded by
our own plenipotentiary will immediately be
submitted to the Senate.
I am happv to announce that, through the en- ;
eigetic yet conciliatory efforts of our consul
general in Japan, a new treaty has been con- j
eluded, with that empire, which may he ex- J
p-cted materially to augment our trade and in- j
terconrse in that quarter, ami remove from our j
countrvmen the disabilities which have hereto- j
lore been imposed upon the exercise of their
religion. The treaty shall be submitted to the
Senate for approval without delay.
It is my earnest desire that every misunder
standing with the governmeat of Great Britain,
should be amicably and speedily adjusted. It
has been the misfortune of both countries,almost
ever since the period ef the revolution to have j
been annoyed bv a succession of irritating and j
dangerous questions, threatening their friendly
relaTions. This has partially prevented the
full development of those feelings of mutual
friendship between the people of the two coun
tries, so natural in themselves and so con
ducive to their common interest. Any serious ,
interruption of lhe commerce between lhe \ ai
led States an 1 Great Britain would be equally
injurious to both. In fact, no two nations have
ever existed on the face of the earth which
could do each other so much or so much
harm.
Entertaining these sentiments I am gratified
to inform you, that the long-pending controver
sy between the two governments, in relation
to the question of visitation and search, has been
amicably adjusted. The claim on the part of
Great Britain forcibly to visit American vessels
on the high seas m the time of peace, could not
be sustained under the law ol nations, and
it has been overruled by Iter own most eminent
jurists. The question was recently brought to
WHOLK \ruili:il 2838.
an issue, by the repeated acts of tlie British
ciuisers, in boarding and searching our mer
chant vessels on the Gulf of Mexico an 1 adjacent
seas. These acts were the more injurious and
annoying, a* these waters are traversed by a
large portion of the commerce and navigation
of the United States, and their Iree and unre
stricted use is essentia! to the security of
the coast wise trade between different States of
the Union. Such vexatious interruptions could
nt tail 11 excite the feelings of the country,
and to require the interposition of the govern
ment. Remonstrances were addressed to the
British government against these violations of
our rights and sovereignty, and a naval force
was at the same tune ordered to the Cuban wa
ters, with directions "to protect all vessels of
the United States on the high seas, from search
or detention by the vessels-of-war of any ether
nation." These measures received the unqual
ified and even enthusiastic approbation of the
American people. Most fortunately, however,
no collision took place, and the Biitish govern
ment promptly avowed its recognition of the
, principles ot international law upon this sub
ject, as laid down by the government of the U
nited Slates, in the note of the Secretary of
State to the British minister at Washington, of
Api il 10, ISfiF, which secure the vessels ol the
United States upon the high seas from visita
tion or search in time of peace, under any cir
cumstances u hatever. The claim has been a
bandoned in a manner reflecting honor on the
British government, and evincing a just regard
for the law of nations, and cannot fail to
strenghten the amicable relations between the
two countries.
The British governm*nt at the same time
proposed to the United States that some mode
j should be adopted, by mutual arrangement be
tween the two countries, of a character which
may be effective without being offensive, for ver
ifying the nationality of the vessels suspected on
good grounds of carrying false colors. Thev
have also invited the United States to take the
initiative and propose measures for this pur
pose. Whilst declining to assume so grave a
responsibility, the Secretary of State has infor
med the British government that we are ready
fo receive any proposals which-lhey may feel
disposed to offer, having this object in view, and
to consider them in an amicable spirit. A strong
opinion is, howewr, expressed that the occa
sional abuse of the flag of any nation, is an e
vil far less to deprecated than would be the
establishment of any regulations which might
be incompatible with the freedom of the seas.
This government has yet received no comomni-
AT' ir\- - pnV-jiisf to cairy out tneir sugges
tion and I am inclined to belipve, that no plan
which can be devised, will be free irom grave
embarrassments. Still, I shall form no decided
opinion on the subject uniill I shall have care
fully and in the best spirit examined any pro
posals which they may think proper to make.
J am truly sorry I cannot also inform you
that the complications between Great Britain
and the United States, arising out of the Clay
ton and Bnlvver treaty of April, 1830, have been
finally adjusted.
At the commencement of your last session,
1 had reason to hope that, emancipating them
selves from further unavailing discussions, the
two governments would proceed to settle the
Central American qnestionsin a practical man
ner alike honorable and satisfactory
this hope I have not yet abandoned. In my
last annual message I stated that overtures had
been made by the Britisli government for this
purpose, in a fiiendly spirit, which I cordial
ly reciprocated. Their proposal was to with
draw these questions from direct negotiation be
tween the two governments : but to accomplish
the same object, by a negotiation between the
British government and each of the Central A
merican republics whose territorial interests are
immediately involved. The settlement was to
he made in accordance with the general tenor
of the interpretation placed upon the Clavton
and Buiwer treaty by the United States, with
certain modifications. As negotiations are still
pending upon this ba<is it would not be proper for
me now to communicate their present condition.
A final settlement of these questions is greatly
to be desired, as this would wipe out the last re
maining subject of dispute betweea the two
countries.
Willi Spain our relations remain in an unsat
isfactory condition. In my message ol Decem
ber last, I informed you that our envoy extraor
dinary and minister plenipotentiary to Madrid
had asked lor his recall , and it was my pur
pose to send a new minister to that couit, with
special instructions on all questions pending be
tween the two governments, and with a deter
mination to have them speedily and amicably
adjusted, if that were possible. This purpose has
been hitherto defeated by causes which 1 need
not enumerate.
Spanish officials, under the direct control of
the captain-general of Cuba have insulted our na
ional Hag an i in repeated instances have from
time to time inflicted injuries on the persons and
property of our citizens. These have given
birth to numerous claims against the Spanish
government the merits of which have been ably
discussed for a series of years by our succesive
diplomatic representatives. Notwithstanding',
this we have not arrived at a practical result in
any single instance, unless we may except the
case ofthe Black Warrior under the late admin
istration, and thai presented an outrage of such a
character as would have justified an immediate
resort to war. All our attempts to obtain re
dress have been baffled and defeated. The fre
quent and oft-recurring changes in the Spanish
ministry have been employed as reasons for de
lay. We have been compelled to wait again
; and again, until the new minister shall have
j had time to investigate the justice of our de
| mands.
Even what have been denominated "the Cu
i ban claims," in which more than a hundred of
our citizens are directly interested have fur
i nished no exception. These claims were lor
VOL 2, NO. 20.