State legislatures. These were mainly foun- j
ded upon the protest of the Virginia legislature ;
against the "Alien and Sedition Ac?-, as p3l
- and alarming infractions ol the Constitu-,
tion." In pointing out the peaceful and con-j
stitutional remedies, and he referred to none olb
er, to which the Slates were authorized to resort j
on such occasions, he concludes by saying, "that ;
'.he legislatures of the States might have made ■
a direct representation lo Congress with a view j
to obtain the rescinding ot the two offensive •
acts, or they might have represented lo their j
respective senators in Congress lln-ir wih that j
two-thirds thereof would propose an explana
tory amendment to the Constitution, 01 tu
thirds of themselves, if such had been their op
tion, might, by an applicaiion to Co igre-?, nave
obtained a convention tor the same object.
This is the very course which I earnestly rec
ommend in order to obtain an "explanatory a
mendrnent" of the Constitution on tne 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 con
fined to the final settlement of the true con-
of the Constitution on three special
points. . . . , .
1. An express recognition of the right ot
property in slaves in the .States where it now
exists or may hereafter exist. ...
2. The duty of protecting tins right in all
the common Territories throughout their t-rri
..vKOnrr. and until they shall be admitted
very, as their constitutions iii... .<-iihout s!a
3. A like recognition of the right of the mas
ter to have his slave, who lias escaped from one
State to another, restored and "delivered up"
to him, and of th<> validity ol the fugitive-slave
law enacted for this purpose, together with a
declaration that all State laws impairing or de
feating this right are the Constitu
tion, and are consequentiy null and void.
It inay be objected that this construction of |
the Constitution has already been settled by the j
Supreme Court of the United States, and what i
more ought to be required I The answer is, j
that a very large proportion of the people of;
the United Statess still contest the coriectness
of this decision, and never will cease from agi
tation and admit its binding force until clearly
established by the people of the several States
in their sovereign character. Such an explan
atory 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 Constitu
tion itself would be received with favor by all
the States of the Confederacy. In any event it
ought to be tried in a spirit jol conciliation be- j
fore anvof these Staves shall separate themselves
from the Union.
When I entered upon the duties of the presi
dential office the aspect neither of our foreign
r.or 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 tne Government.
A restoration ot the African slave trade had
numerous and powerful advocates. Unlawful
military expeditions were countenanced by ma
ny of our citizens, and were suffered, in defi
ance ol the efforts of the Government, to escape
from our shores, for the purpose of making war
upon the offending people of neighboring repub- j
lies with whom we were et peace. In addition i
to these and other difficulties, we experienced a j
- j
vent to power, of unexampled severity and of!
ruinous consequences to all the great interests!
of the country. When we takf a retrospect of j
what was then cur condition and contrast this 5
with its material prosperity at the time of the j
late presidential election, we have abundant 1
reason to return our grateful thanks to that j
merciful Providence which ha? never forsaken i
us as a nation in all out past trials.
OUR FOREIGN RELATIONS.
GRRAT BRITAIN.
Our relations with Great Britain are of the t
most friendly character. Since the commence- j
ment of my administration, the two dangerous
questions, arising from the Clayton and Bulwer 1
treaty and from the right of search claimed by j
the British government, have be>n arr.ibably and t
honorably adjusted.
The discordant constructions of the Clayton j
and Bulwer treaty between the two govern
ments, which, at different periods of the discus- j
sion,bore a threatning aspect, have resulted in 1
a final settlement entirely satisfactory to this'
Government. In my last annual message 1 1
informed Congress that the Brittish government j
had not then "completed treaty arrangements !
with the republics of Honduras and Nicaragua,'
in pursnance of the understanding between the :
two governments. It is nevertheless confident-J
ly expected that this good work will ere long i
be accomplished." This confident expectation i
has since been fulfilled. Her Britanic Majesty '
concluded a treaty with Honduras on the 28th 1
November, 1859. and with Nicaragua on the
28th August, 1860, relinquishing the Mosquito
protection. Besides, by the former, the Bay
Ishnds are recognized as a part of the Republic
ot Honduras. It may be observed that the stip
ulations of these treaties conform in every im
portant particular to the amendments adopted
by the Senate of the United Sratr* trr*H*-*iraty
vuuuludt-u nt London on the 17th October 1856,
between the two governments, li will be rec
ollected lhat thie trenl y t*'*- r-jecfed bv tile 1
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 j
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 Americau merchant vessels on
the high seas in time of peace, has been aban
doned. This was by far the most dangerous
question fo the peace of the two countries which
has existed since the war of ISI2. Whilst it
remained open, they might at any moment have
been precipitated into a war. This was rendered
manifest by the exisperated state of public feel
ing throughout our entire country, pioduced
by the forcible search of American merchant
vessels by British cruisers on the coast uf Cuba
in the spring ot 1858. The American people
hailed with general acclaim th- orders ot the
Secretary of the Navy to our naval force in the
Gulf of Mexico, "to protect all vessels oi the
United Slates on the high seas from searcfi or
detention by the vergels-of- war of any other I
nation." These orders might have produced i
an immediate collision between the navai forces t
of the two countries. This was most fortunate- i
ly prevented by an appeal to the justice of i
Great Britain and to the law of nations as ex- i
pounded by her own most eminent jurists.
The only question of any importance which r
still remains open is the disputed title between J
the two governments to the island ot 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 ihe su' ject.
The recent visit of the Prince of Wales, in a
private ch'rac.tcr, to the people of this country
has proved to be a most auspicious event. In
its consequences, it cannot fail to increase the ,
ii'in tred and kindly feelings which I trust may
ever actuate the government and people ot both
countries in their political and social-intercourse
with eacli other.
FRANCE.
With France our ancient and powerful ally,
! our relations continue to be ot the most friend-
Is cha-acter. A decision has recently been
made by a French judicial tribunal, with the
Imperial Government, which cannot fail to fos
ter 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 cit
izen. The law of France recognising the nat
ural right of expatriation, it follows as a neces
sary consequence that a E renchman, bv the
fact of having become a citizen of the United
States, has changed his allegiance and lost his
native character. He cannot, 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
Frmcb Minister of War, >nd in two late cases
have bee" l of France nave been Mfi
chaiged 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 lellow-cit
izen3 will hereafter experience much annoyance
on th ; 3 subject." I venture to predict that the
time is not far distant when the other continen
tal powers will adopt the same wise and just
policy whicii has done so'much honor to tiie
enlightened government of the Emperor. In
any event, our Government is bound,to protect
the rights of our naturalized citizens every
where to the same extent as though they had
drawn their first breath in this country. We
C3n recognise no distinction between our native
and naturalized citizens.
SPAIN.
Our relations with Spain are now of a more
complicated though less dangerous character
than I hey have been for many years. Our cit
izens have long held, and continue to hold, nu
merous 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 J
claims, and on the sth of March,concludeda con
vention for this purpose with our present min- j
ister at Madrid. Under this convention, what j
have been denominated "(he Cuban claims," ;
amounting to $128,635 and 54- cents, in which
more than one hundred „of our fellow-citizens
are interested, were recognised, and the Span
ish government agreed to pay §IOO,OOO ol this
amount "within three months following the
exchange ot ratifications." The payment ot the
remaining $28,635 5F was to await the decis
ion of the commissioners for or against "the
Amistad claim but in any event the balance
was to be paid to the claimants eiiher by Spain
or the United St=t°c. These terms I hk-re ev- I
ery reason to know are highly satisfactory to j
the holders of (he Cuban Claims. Indeed, they
have made a formal offer authorizing the State
Depar' ment to settle these claims, and to deduct
the amount ot the Amistad claim from the sums
which they are entitled to receive (rorn Spain.
This offer, of course, cannot be accepted.
Ail the other claims of citizens of the United
States, against Spain, or of subjects of the :
Queen of Spain against the United States, in- !
eluding the "Amistad claim," were bv this j
convention referred to a board of commission- i
ers in the usual form. Neither the validity ol j
the Amistad claim nor o! any other claim a- j
gainst either party, with the single exception' l
of the Cuban claims, was recognised by the j
convention. Indeed, the Spanish government I
did not insist that the validity of the Amistad i
claim should be thus recognised, notwithstan- !
ding its payment had been recommended to :
Congress by two of my predecessors as well as j
by myself, and an appropriation for that pur-j
pose 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 awar
ded to the several claimants "at such time.?
and places as may be fixed by and according to
the tenor of said awards.'*
J transmitted this contention to the Senate
for their constitutional action on the 3J May, j
1860, and on the 27th of the succeeding June ;
they determined that they would "not advise j
and consent" to its ratification.
These proceedings place our relations with j
Spain in an awkward and embarrassing posi
tion. It is mor< than probable that the final
adjustment of these claims will devolve upon
my successor.
J reiteia'e the recommendation contained in
i my Annua! Message of December, 185?, am!
j repeated in that of December, 1859. ' n *aoi
lof itie umjuisiikjii t n x.ru\ia nom Spain by fair
: purchase. 1 firmly believe that such an ac
quisition would contribute essentially to the
well-being and prosperity ol 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 pres
ent occasion, if I believed that the transfer of
Guoa to the Ghited States, upon conditions
highly favorable to Spain, could justly tarnish
the national honor oi the proud and ancient
Spanish Monarchy. Surely no person ever
attributed to the first Napoleon a disregard of
: the national honor of France, for translerring
| Louisiana to the United Stat-s for a fair equiva
lent both in money and commercial advanta
ges.
Ai'&rntA, Stc.
With fh Emperor of Austria, and the re
maining continental power of Europe, inclu
ding that of the Sultan, oi.r relations continue
to be ol the most friendly character.
CHINA.
The friendly and peaceful policy pursued by
the Government ot the United Slates towards
the empire of China has produced the most
satisfactory results. The treaty of Tientsin of
the 18th of June, 1858, has been faithfully
observed by the Chinese authorities. The con
vention of the Bth November, 1858, supple
mentary to this treaty, for the adjustment and
•atisfaction of the claims of our citizens on Chi
na, referred to in my last Annual Message, b*
been already cairied intoeflfect, so tar as this ,
was practicable. j
Under this convention the sum of 500,000 j
taels, equal to about $700,000, was stipulated j
to be paid in sa'.istaction ol the claims of j
American citizens, out of the one-fifth ol the
receipts for tonnage import, and export duties
ion American vessels at the ports ot Canton,
I Shanghae, and Fuchau ; and it was "agreed
i that This amount shall be in lull liquidation ot
all claims ef Anglican citizens at the various
ports to this date." Debentures for this amout
—to wit : 300,000 taels for Canton, 100,000
for Shanghae, and 100,000 for Fuchau—were
delivered according to the terms ol the conven
tion by the respective Chinese collectors of the
customs of these parts 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 commission
ers appointed lor thai purpose under the act of
March 3, 1559, and their awards, which pro
ved satisfactory '.o the claimants, have been
approved by our minister. In the aggregate
they amount to the sumol $198,694 78. The
claimants have already received a large propor
tion of the sum awaiderf 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 satisfi
ed, 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
approprQjion to soiqe Jjene yolent o'ject in
Our minister to China, in obedience'
instructions, has remained perfectly neutral in
the wai between Great Britain and France and
Chinese empire ; although, in conjunction with
the Russian minister, he was ever ready and
wiliing, had the opportunity offered, lo em
ploy his good offices in restoring peace between
the parties. It is but an act of simple justice,
both to our present minister and his predecess
or ,to state, that they have proved fully equal
to the delicate, trying, and responsible posi-
I tions in which they have on different occasions
j been placed.
JAPAN.
i The ratifications of the treat) with Japan
! concluded at Yedo on the '29 th July, 1858,
| were exchanged at Washington on the 22d
i May last, and the treaty itself was proclaimed
;on the succeeding day. There is good reason
j lo expect that, undei its protection and influ
! ence, our trade and intercourse with that dis
i tant and interesting people will rapidly in-
I crease.
The ratifications of the treaty were exchan
; ged with unusual solemnity. For this purpose
j the Tycoon had accredited three of his most
| distinguished subjects as envoys extraordinary
and ministers plenipotentiary, who were recei
ved and treated with marked distinction and
kindness both by the Government and people
of thejUnited 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 lor our
country. Let us ardently hope, in the lan
guage of the treaty itself,that "there shall hence
forward be perpetual peace and friendship be
tween the United States of America and his
Majesty the Tycoon of Japan and ins success
ors."
MEXICO.
O jr I e-1 .l tuili ill* MfAitu Iviu*t(i in a
unsatisfactory condition. In iny last annual
message I discussed extensively the subject of
these relations, and do not now propose to re
peat at length the facts and arguments then pre
sented. 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 othei nation. For these our
successive ministers, invoking the faith of trea
ties, had, in the name of their country, persis
tently demanded redress arid indemnification,
but without tfie sligfite.it effect. Indeed, so 1
confident had the Mexican authorities become 1
ot our patient endurance, that they universally !
believed they might commit these outrages up- i
on American citizens with absolute impunity.!
Thus wrote our miniiter in 1856, and expressed
the opinion that "nothing but a manifestation;
ot the power of the Government, and of its pur- j
pose lo punish these wrongs, will avail."
Afterwards, in 1857, came the adoption of a
i new constitution for Mexico, the election of a
President and Congress under its provisions, and
the inauguration ot the President. Within one
short month, however, this President was ex
pelled f;om the capital by a rebellion in the ar
my, 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
j adopted, Senor Juarez, as chief justice of the
I Supreme Court, became the lawlui President of
! the Republic ; and it was lor the maintenance
|of the constitution and his authority derived
! from it that the civil war commenced, and still
| continues to be prosecuted.
Throughout the year 1858 the constitutional
J party grew stronger and stronger. In the pre
vious history of Mexico a successful military
i revolution at the capital had almost universally
j been the signal lor submission throughout the
| republic. Not so on th„ present occasion. A
majority of the citizens persistently sustained
the constitutional government. When this was
recognized in April, 1859, by the Government
of tne United Stales, its authority extended over
a laige majority of the Mexican States and peo
ple including Vera Cruz and all the other im
portant sea ports of ih° republic. From that
period our commerce with Mexico began to re
vive, and the constitutional government has af
forded it all the protection in their power.
Meanwhile, the government of Miramon still
held sway at the capital and over the surroun
ding country, and continued its outrages against
the few American citizens who still ha<? Pie
courage to remain within its power. To cap
the climax : Alter the battle of Tacubaya, in
April, 1859, Gen. Marquez ordered the citizens
of the United States, two of them physicians,
to be seized in the tiospita! at that place, taken
out and shot, without crime and without trial.
This was done, notwithstanding our unfortunate
countrymen were at the moment engaged in the
holy cause of affording reliet to the soldiers ot
both parties who had b'-en wounded in the bat
tle, without making any distinction between
them.
Ihe lime had arrived, in iny opinion, when
this Government was bound to exnt its power
to avenge and redress the wrongs of our citizens
and to afford them protection in Mexico. The
interposing obstacle was that the portion of the
country under the sway of Miramon could not
be reached without passing over territory under
tbsjurifdic'.ioa of the constitutional government,
Under these circumstances, I deemed it rny du- j
ty to recommend to Congress, in my last annual
message, the employment of a sulficient milita
ry force lo penetrate into the interior, where
the government of Miramon was lo be found, j
, with, or, if need be, without the consent ot the ,
Juaraezgovernment, though it was not doubted
I that this consent could be obtained. Never
have I had a clearer conviction on any subject
than of the justice as well as wisdom of such a
policy. No other alternative was left, except !
the entire abandonment of our fellow-citizens '
who had gone to Mexico, under the faith of
treaties, to the systematic injustice, cruelty, and I
oppression of Miramon's government. Besides,
it is almost certain that the simple authority to j
empioy this force would of itsel! have accom
plished all our objects without striking a single
blow. The constitutional government would .
then ere this have been established at the city
of Mexico, and would have been ready and I
willing, to the extent of its ability, lo do us
justice.
In addition—and I deem this a most impor- \
tant consideration European governments
XVould have been deprived of all pretext to in
terfere in the territorial and domestic concerns i
ot Mexico. We should, thus have been reliev
ed from the obligation of resisting, even bv
force, should tiiis become necessary, any attempt
by these governments to deprive our neighbor
ing repuolic of portions of her territory ; a du- '
ty from which we could not shrink without a
bandoning the traditional and established poli- j
cy of the American people. I am happy to I
jibserve. that .firmly reiving upon the justice
e 1 crood faith of these gnvei .L.„ , Miners j
no preseti. i.,ger that such a contingency wiii j
happen.
| Having discovered that tny recommendations !
would not be sustained oy Congress, the next i
alternative was to accomplish, in some degree, j
il possible, the same objects by treaty stipula
tions with the constitutional government.— 1
Such treat IPs were accordingly concluded by
our late able and excellent minister to Mexico, J
and on the 4th ot January last were submitted j
to the Senate for ratification. As these have '
not yet received the final action of that body, it
| would be improper for me to present a detailed
statement ol their provisions. Still I may b- ;
j permitted lo express the opinion in advance thai
j they are calculated to promote the agricultural, '
j manufacturing and commercial interests of the i
tountry, and to secure our just influence with
| an adjoining republic as to whose fortunes and i
j fate we can never leel indifferent ; whilst at the i
same time they provide for the payment of a
considerable amount towards the satisfaction o! i
}he claims of our injured fellow-citizens.
KANSAS AND UTAII.
At the period of my inauguration I was cnn- ;
fionted in Kansas by a revolutionary govern
ment, existing under what is called the Topeka |
I constitution. Its avowed object was to subdue
j the territorial govornment by force, and to in-I
! augurate what was called the Topeka govern
j ment in its stead To accomplish this object an
; extensive military organization was formed and
! lis command entrusted to the most violent rev- ,
j olutionary leaders. Under these circumstances ;
jit became my imperative duty to exert the!
j whole constitutional power ot the Executive to :
I prevent the flames of civil war from again ra
j ging in Kansas, which, in the excited stale of
J the public inind, both North and Smith, might
i have extended into the neighboring States.
I Tiie hostile parties in Kansas had been infla
' hied Hgalmu eacti oilier by emissaries botft fiom
the Norih aud from the South, to a degree of
malignity without parallel in our history. To ;
prevent actual collision, and to assist the civil
magistrates in enforcing the laws, a strong de- j
tachment of the army was stationed in IheTer- i
| ritory, ready to aid the marshal and his depu- !
( lies, when lawfully calKd upon, as a posf '
; comiftitus in the execution ol ciul and criminal ;
| process.
j Still, the troubles in Kansas could not have
! been permanently settled without an election
Iby the people. The ballot-box is the surest ar
; biter of disputes among freemen. Under this
i conviction, every proper effort was employed
| to induce the hostile patties to vote at theelec
i tion of delegates to frame a State constitution,
1 and afterwards at the election to decide wheth
er Kansas should be a slave or a free State.—
; The insurgent party refused to vote at either,
I lest this might be considered a recognition on
j their part ot the territorial government estab
: lisht-d by Congress. A better spirit, however,
; seemed soon after to prevail, anci the two par
i ties met lace to face at the third election, held
i on the first Monday of January, 1858, for mem
! bers of the legislature and State officers under
| the Lecomptou constitution. The result was
j tbe triumph of the anti-slavery party at the
i polls. This decision ol the ballot-box proved
clearly that this parly were in the majority,
and removed the danger ol Jcit ii war. From
that time we have heard little or nothing of the
Topeka government ; and all serious danger ol
revolutionary troubles in Kansas was then at an
end.
The Lecompton constitution, which had been
thus recogn.s-d at this Slate election by the
votes of both political parties in Kansas, was
transmitted to me with the request that I should
present it to Congress. This I could not have
refused to do without violating my cbarest and
strongest convictions of duty. The constitution
ami all the proceedings which proceeded and
followed its formation, were fair and regu
lar un their face. I then believed, and expe
rience has proved, that the interests of the peo
ple of Kansas would have been best consulted
by its admission as a Slate into the Union, espe-!
cially as the majority, within a brief period,
could have amended the constitution aocoidmg
to their will and pleasure. Jf fraud exi-ted in
all or any of these proceedings, it was not for i
the President, but for Congiess, to investigate j
and determine the question of li3ud, and what I
ought to be its consequences. If, at the two;
first elections, the majority refused to vote, it i
cannot be pretended that this refusal to exer- |
cise the elective franchise could invalidate an
election fairly held under lawful authority, even '
it they had not subsequently voted at the third j
election. It ts true that the whole constitution ;
had not been submitted to the people, as I al
ways desired ; but the precedents are numerbus
ot the admission ol Slates into the Union with
out such submission.
It would not comport with my present pur
pose to review the proceedings ot Congress u
pon the Lecompton constitution. It is sufficient
to observe that their final action ha 3 remot ed
the last vestiege of seiious revolutionary trou
bles. The desperate band recently assembled,
under a notorious outlaw, in the southern por
tion of the territory, to resist the execution of
the laws and to plunder peaceful citizens, will,
I doubt not, be speedily subdued and brought '
to justice.
Had I treated '.he Lecompton constitution as
a nullity and refused to transmit it to Oongre-, 1
it is n>t difficult to imagine, whilst recalling
the position of the country, at that moment,
what would have been the disastrous conse
quences, both m and out of the territory, from
such a dereliction ol duty on '.tie pait ol the
i Executive.
Peace lias also been restored within the ter
! riioiy o! Utah, which, at the commencement
I of my Administration, was in a slate ot open
! rebellion. This W3s the more dangerous, as
' the people, animated by a fanatical spirit and
' entrenched within their distant mountain fast
nesses, might have male a l ing ar.d formidable
j resistance. Cost what tt might, it war necessa
' ry to bring them into subjection to the Con
, slitution and the laws. Sound policy, therefore,
as well as humanity, required lhat Ibis object
should if possible, be accomplished without the
; eflusion oi blood. Tins could only be effected
by sending a military force into the Territory
I sufficiently strong to convince the people that
' resistance would be hopeless, arid at I lie same
| time to offer them a pardon for past offences on
i condition ol immediate submission to the G >v
; eminent. This policy was pursued with emi-
I nent success ; and the onlv cause for regret is
i the heavy expenditure required to march a
j large detachment of the army to that remote
region and to furnish it subsistence. Utah is
now comparatively peaceful and quiet, and the
military force has been withdrawn, except that
! portion of it riec-ssary to keep the Indians in
check and to protect tfie emigrant trains cn
I their way to our Pacific possessions.
FIN A."WW
i i _ ~- r ant annual message T promised to
employ my-two t c-r-iit ins, 111 co-op*ril ion Willi
| Congress, lo reduce the expenditures of the
i Government within the limits o! a wise and
j judicious economy. An overflowing treasury
! had produced l a jits of prodigality and extrava
j gance which could only be gradually corrected,
j The work required both time and patience. I
! applied mvseil diligent!) to this task from the
j beginning, and was aided by the able and en
! ergetic eflorts of the Heads of the diileient
| Executive Departments. The result of our la
; bors in this good cause did not appear in the
sum total of ;>UT expenditures fbr the first two
j years, mamty .n consequence ol the extraordina
j ry expenditures necrs-aiily incurred in the
j Utah expedition, and the v* ry large amount of
the contingent expenses ot Congress duiing
' this period. These greatly exceeded the pav
and mileage of the members. For the year
' ending 30th June, ISSS, whilst the pay and
• mileage amounted to $1,490.21 f, the coniin
j gent expenses rose to $2,093,309 79, and for
j the year endm 30th tJune, 1859, whilst the
; pay and mileage amounted to $859,093 66,
I the contingent expenses amounted to $J,43!,-
: 565 78. lam happy, however, to be able to
inform you that during the last fiscal year en
, ding on the 30th June 1860, the total expendi
tures of the Government in all its branches
| legislative, executive, and judicial—exclusive
of the public debt, were reduced to the sum of
$55,402,465 -16. This conclusively appears
from the books of the Treasury. In the year
j ending on the 30th June, 1858, the total ex
\ pendilure, exclusive of the public debt, amoun
ted to s7l, 901,129 77, and that for the year
: ending 30th June, 1856, to $66,34/5,226 13.
j Whilst the books of the treasury show an actu
al expenditure of $59,848,474 72 for the year
ending on the 30tb June 1860, including sl,-
01-0,667 71 for the contingent expenses of
Congress there must be deducted from this a
mount liie sum ol 290,009 20, Wltti the in
terest upon®it of §150,000, appiopriated by the
j act of 15th February, 1860, "for the purpose
I of supplying the deficiency in the revenues and
j defraying the expenses of the Bust Office Dr
i partment fir the year ending the 30th ot Jun",
! sine thousand right hundred and fifty-nine."—
! This sum, therefore, justly chargeable to the
j year 1859, must be deduct'd from the sum ot
• $59,848,474 72, io order to ascertain the ex-
j penditure for the year ending on the 30th June,
1860, which leaves a balance for the expendi
tures of that year of $55,402,465 4-6. The
interest on the public debt, including Treasury
i notes fot tiie same fiscal year ending on the
30th June, 1860, amounted to §3,177,314- G2,
i which, added to the above sum of $55,402,-
i 465 46, makes the aggieeale of §58,579,780-
I 08.
It ought in justice to be observed that several
j of the estimates ftom tile departments for the
y*ar ending 3Jth June, 1860, were reduced t.
Congress below what was and still is deemed
j compatible with the public interest. Allow
ing a libeial margin 0f52,500,000 far this re-
I duction, and for other causes, it may be saf. lv
■ asserted that the sum of $61,000,000, or at the
| mo.,t $62,000,000, is amply sufficient to ad
-1 minister the Government and to pav the in
terest on the pu lie debt, unless contingent t
vents should herealt-r render extraordinary ex
penditures necessary.
This lesult has been attained in a considera
ble degree by the care exrrci e l by the ap
propriate departments in entering into public
contracts. 1 have myself never interfered with
i the award ot any such contract except in a
! single case with the Unionization Society, dee
ming it advisable to cast the whole responsibili
ty in each case on the proper head ol the de
partment, with the gen-ral instruction that
these contracts should always be given to the
lowest and best -bidder. It has ever been my
opinion that public contracts are not a legiti
mate source of patronage to be conferred upon
personal 6r political hvontes : but that in all
such cases a public officer is bound to act for the
Government as a prudent individual would act
■ for himself.
AFRICAN SLAVE TRAITF., &C.
It is with great satisfaction 1 communicate
the fact, that, since (tie date of my last Annual
Message, not a single slave has been imported
into the United States in violation of the laws
prohibiting the African slave trade. This state
ment is founded upon a thorough examination
and investigation of the subject. Indeed, the
spirit which prevailed some time s.nce among a
pott ion of our fellow-citizens .n favor of this
trade seems to have entirely subsided.
ELECTION OT MEMBERS OF CONGRESS.
I again reccommend to Congress the passage
of a law in pursuance of the provisions of the
Constitution,appointing a day certain, previous
to the 4-th March, in each year of an odd num
ber, for the election of representatives through
out all the States. A similar power has already
been exercised, wrh general approbation, in
the appointment ol the same throughout the
Union lor holding the election of electors for
President and Vice President of (he United
States. My attention was earnestly directed
to this subject from the fact, that the 35th Con
gress terminated on the 3d March, 1859, with
out making the necessary appropriation for
the service of the Post Office Department. 1
was then fotced to consider the best remedy
for this omission, and an immediate call of the 1
present Congress was the natural resort. Upon
enquiry, however, 1 ascertained that fifteen out
of trie 33 States composing the Confederacy,
were without representatives, and that, con
j sequently, tt.ese tifteen States would be dis
i fianclused by such a call. These fi|,,. en States
j w 'II ,n " lc * sauir- condition on ttte 4ih Alaich
next. Ten of them cannot elect rrpreseriia
; tjves, according to exiting Slat.- | a3 , until
j oitlriyiit p. nods, extending from the b. ginning
! of August next until the month of October and
| November.
In my la-t message 1 gave warning that, in
■ a time ot suddm and alarming danger the
salvation of our institutions migbt depend ujon
tbe power ot the I'resi lent immediately to
assemble a lull Congress, to meet the erner.ea
! cy.
TARIFF.
It is now quite evident that the financial r.e
j cessitie* of the Government will require a mod
| ificalion of the land during your pr.-sent session
I tor the purpose of increasing the revenue. ] n
| this aspect, I desire to reiterate the recommen
'da'ion contained in my last two annual mej
j -ages, in favor of imposing specific instead of
i ait valorem duties on all imported articUs j (J
which these can be properly applied. From
long observation and experience 1 3m cocvin
i ced that specific duties 'are necessary both to
protect tbe revenue and to secure to our inanu
-1 lucturing interests that amount of incidental er.-
j couragemeut which unavoidably results (rum d
revenue tariff.
As an abstract proposition it may be admti
o.i ti.. n,{ valorem duties would, in theory, be
•he lHusl J l i. l at.ti . <|uat fill! d lilt- eapcrivOCf
of this and of all other tuminrrcial nations has
i demonstrated that such duties cannot be asses*
; sed and collected without great frauds upon the
revenue, then it is the part of wisdom to resort
;to specific duties. Indeed, from the very na
ture of an ad valorem duty, this must bethere
: suit. Under it the inevitable cansequence i,
that foreign goods will be entered at Jess than
their true value. The treasury will, therefore,
: lose the duty on the difference between their
real and fictitious value, and to this extent we
; are defrauded.
| The temptations which ad valorem duties
...
I present to aaisnon-st importer are irresistible.
His o'ject is to pass his goods through the cus
tom house at the very lowest valuation neces
, sary to save them from confiscation. In this he
| too olten succeeds in spite of the vigilance of
| l lie revenue officers. Hence the resort to false
j invoices, one for the purchaser and another for
j the custom-house, and to other expedients to
j oelrau 1 tfieGovernrnent. The honest importer
produces his invoice to the collector, stating
j the actual price at which he purchased the ar
ticles abroad. Not so the dishonest importer
and (he ag-nt of the foreign manufacturer.—
And here it may be observed that a very large
! proportion ot the manufactures imported
from abroad are consigned for sale to commis
sion merchants who are mere agents employed
by the manufacturers. In such cases no actual
: sale has been made to fix their value. The for
eign manufacturer, it he be dishonest, .prepares
an invoice of the goods, not at their actual val
ue, but at the very lowest rate necessary to es
cape detection. In this manner the dishonest
importer and the foreign manufacturer enj >y a
; decided advantage over the honest merchant.—
They are thus enabled to undersell the fair tra
der, and drive him Irorn the market. In fact,
the operation of this system has already driven -
' from (tie pursuits ot honorable commerce many
, of that class of regular and conscientious mer
j chants, whose character, throughout the world,
is the pride of our country,
i The remedy flu these evil* i3to be found in
i specific duties, so far as this may be practicable,
fh-y dispense with any inquiry at the custom
boos- into the actual cost or value of the article
| and it pays the precise amount of dutv previ
; ouslv fixed by law. They present no tempta
tions to the appraisers of foreign goods, who re
-1 ceive but small salaries, and might, by under
' valuation in a few cases, render themselves in
, dependent.
Besides, specific duties best conform to the
requisition in the Constitution that'"no prt-fer
j ence shall be given by any regulation of com
! rnerce or revenue to the ports of one State over
I those of another." Under our ad valorem svs-
I 'em such preferences are to some extent inevi
table, and complaints have often been made that
'lie spirit of this provision has been violated bv
a lower appraisement of the same articles at one
; port than at another.
An impression strangely enough prevails to
! some extent that specific duties are necessarily
j protective duties. Nothing can be more falla
cious. Great Britain glories in free trade, and
| yet her whole revenue from imports is at the
| present moment collected under a system of
: specific duties. It is a striking fact in this con
i uection that, in tbe commercial treaty of 23d
January, 1860, between France and England,
j on of fhe articles provides that the ad valorem
j duties which it imposes shall be converted into
-pecific duties within six months from its date
and these are to he asceitained by making an
average of the prices for six months previous
to that time. The reverse of the proposition
would be nearer to the truth, because a much
larger amount of revenue would be coll. cted bv
merely converting the aJ valorem du'ws of a
; tariff into equivalent specific duties. To this
extent the revenue would be increased, and in
the same proportion '.he specific duty might be
diminished.
Specific duties would secure to the American
manufacture the incidental protecti >n to which
he is fairly entitled under a revenue tari/f, and
to this surely no person would o'ject. The
learners ol the exiting tari-Thave gone further
I and in a liberal spirit have discriminated in
! favor ofla r ge and useful branches of our man
| ufactures, not by raising tho rate of duty upon
Ihe importation of similar articles from abroad,
but what is the same in effect, by admitting ar
ticles free of duty which enter into the compc
sji >n of their fabrics.
v Under the present system it has been often
truly lemarked that this incidental protection
<l. creases when the manufacturer needs it most
and increases when he needs it least, and con
stitutes a sliding scale which always operates
against him. The revenues of the country are
subject to similar fluctuation. Instead oi ap
proaching a steady standard, as would be the
case under a system of specific duties, thev
sink and rise with the sinking and rising pri
ces ol articles in foreign countries. It would
not be difficult for Congress to arrange a svstem
of specific dut es which would aflToid adJition
al stability both to our revenue and our mana
faciures, and without injury or injustice to any
intersts of the country. This might be accorr.-
plisned by ascertaining the average value of any
given article for a series of vears at the place
of exportation, and by simply converting the
iate of ad valorem duty upon it which mijhf
be de med necessary for revenue purposes, into