expeditions were fitted out from abroad against acy portion of our own country, to burn down our cities, murder and plunder our people, and usurp our government, wo should call any power on esnh to the strictest accouut lor not preventing such enormities. Ever since the administration of General Washington, acts of Congress have beeu ia force to pumsh severely the crime of setting oa foot a military expedition within tbe limits of the United States, lo proceed troni thence agaiust a nation or State with whom we are at peace. The present neutrality act of April tidth, 1818, is but little more thau a collection of pre-ex istiug laws. Under this act the President is empowered to employ the land and uaval forces auu the militia "for the purpose of preventing the carrying on of any such expedition or eatcr ptise from the territories and jurisdiction of the Uuited States," and the collectors of customs are authorized and required to detaiu any vessel in port when there is reason to believe she is about to take part tu such lawless enterprises. When it was first rendered probable that au attempt would be nude to get up another uu- Uvful expedition against Nicaragua, the Secretary of State issued to tbe marshals and district attorneys, which were directed by the Secretaries of War and the Navy to the appropriate army and navy officers, requiring thein to be vigilant, and to use their best exertions iu carrying into effect the pro visions of the act of 1818. Notwithstanding these precautions, the expedition has escaped from oar shores. Such entei prises can do no possible good to the country, but have already inflicted much injury both ou its luterests aud its character. They have prevented peaceful -eniirrrstion from the United States to the States of Central America, which coulJ not fail to prove highly beneficial to all the parties con cerned. Iu a pecuniary point of view alone, our citizens have sustained heavy losses from the seizure and closing of the transit route by the San Juan between the two oceans. The leader of the recent expedition was ar rested at New Orleans, but was discharged on giving bail for his appearance in the insufficient sutn of two thousand dollars. I commend the whole subject to the serious attention of Congress, believing that onr duty nd our interest, as well as our national char acter, require that we should rdopt such measures as will be effectual in restraining our citizens from committing such outrages. I regret to inform you tl*at the President of Paraguay has refused to ratify the treaty be tween the United States and that State as amended by the Senate, the signature of which was mentioned in the message of my predeces sor to Congress at the opening of its session in December, 1853. The reasons assigned for this refusal will appear in the correspondence herewith submitted. It being dcsirat-le to ascertain the fitness of tbe river La Plata aud its tributaries for navigation by steam, the United States steamer Water Witch was scut thither for that purpose in 1353. This enterprise was successfully carried on until February, 1855, when, whilst in the peaceful prosecution of her voyage up P** Panwu"- Jia steamer was fired upon by a Paraguayan tort, rue are was returfiea but as the Water Witch was of small force, and not designed for offensive operations, she retired from the cotfliet. The pretext upon which the attack was made was a dectee of the President o! Paraguay of October, lt>s4, pro hibiting foieign vcsstls-cf-war from navigating the rivers of that. State. As Paraguay, how ever, was the ov.cer of tut one btnk cf the river of that name, the other belonging to Corrieutcs, a State of the Argentine Confed eration, the rignt of its government to expect that such a dectee would be obeyed cannot be acknowledged. But the Water Witch was cot, properly spoukiug, a vessel-of- war. She was a small steamer engaged in a scientific enter prise intended for the advantage of commercial States generally. Under thpso circumstances, lam constrained to consider the attack upon her as unjustifiable, and as calling for satislac tion from the Paraguayan government. Citizens of the United States, also, who were cstab.ishcd in business in Paraguay, have had their propei ly seized and taken from tbem, and have otherwise been treated by the authorities in an iusulting and arbitrary manner, which requires redress. A demand for those purposes will be made iu a firm but conciliatory spirit. This will the more probably be granted if the Executive shall have authority to use other means in the event of a refusal. This is accordingly recommend ed. It is unnecessary to stats in detail the alarming condition of the Territory of Kansas at the tiuie of my inauguration. The opposing parties then stood in hostile array agaiust each other, and auy accident might have relighted the flames of civil war. Kesidcs, at this critical moment, Kansas was left without a governor by the resignation of Gov. Geary. On the 10.h of February previous, the territorial legislature had passed a law providing for the election of delegates on the third Monday of June to a convention to meet on the firs: Monday of September, for the purpose of framing a constitution preparatory to admission into the Union. 'This law was in the main fair and just; and it :s to be regretted that all the qualified electors had not registered them selves and voted under its provisions. At the time of the election for delegates, an extensive organization existed in the Territory, whose avowed object it was, if need be, to put down the lawful government by force, and to establish a government of their own under the si-called Top<_La constitution. The persons attached to this revolutionary organization abstained from taking any part in the election. The act of the territorial legislature had omitted to provide for submitting to the people the Cu..siitution which might be framed by the convention; and in the excited state of public feeling tLioughout Kansas an apprehension ex tensively prevailed that a design existed to force upon them a constitution in relation to slavery against their will. In this emergency it beccme my duty, as it was my tmqe?ionab,u right, having in view cLe union of sti citizens in support of the territorial laws, to express an opinion on tho true construction of the provisions concerning slavery contained it; the organic t- J Congress of the 30th May, 1854. Congress declared it to bo "the true intent and uieamng of this act not *'j legislate slavery into any Territory or State, nor to ex clude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic iustitadous in their own way." Under it Kansas, "when admitted as a State," was to "be received.into the Union, with r ' without slavery, as their constitution may pre scribe at the tiino of their admission.'* l>iil Congress mean by this language that the delegates elected to frame a constitution should have authority finally to decide the question of slavery, or u i they intend by leaving if to the people tuat the people of Kansas themselves should decide this question by a direct vote?— On this subject 1 confess I had never entertain ed a serious doubt, and therefore, in my in structions to Governor Walker of the 28th Mareb last, I merely said that when con stitution shall be submitted to the people of the Territory, tbry must be protected in the exereise of their right of voting for or against that instrument, and the fair expression of the popular will must not be interrupted by fraud or violence." In expressing this opinion it was far from uiy intention to interfere with the decision of ths pcoplo of Kansas, either for or against slavery. From this 1 have always cirefully abstained. Intrusted with the duty ot taking "care that the laws he faithfully executed," my only desire was that the people cf Kansas should furnish to Congress the evidence required by the organic aet, whether for or against slavery, and in this manner meoth their passage into the Union. In emerging from the con dition of territorial dependence into that of a sovereign State, it was then duly, in my opinion, to make known their will by the votes of the majority, on the direct question whether this important domestic institutiou should oi should uot coutinue to exist. Indeed, this was the only possible mode in which their will could be authentically ascertained. The election of delegates to a convention must necessarily take place in seperate dis tricts. From this cause it may readily happen 'as has often becu the ease, that a majority of the people of a State or Territory are on oue side of a question, whilst a majority of the representatives from the several districts into which it is divided may be upon the other side. This arises from the fact that in some districts delegates may be elected by small majorities, whilst in others those of different sentiments may receive majorities sufficiently great not only to overcome the voles given for the former, but to leave a large majority of tbe whole people iu direct opposition to a majority of the delegates. Besides, our history proves that influences may be brought to bear on the representative sufficiently powerful to induce him to disregard the will f bis constituents.— The truth is, that no other authentic and sat isfactory mode exists of ascertaining the will of a majority of ths people of any State or Terri tory on an important and exeiting question like thai of slavery in Kansas, except by leaving it to a direct vote. How wise, then, was it for CoDgress to pass over all subordinate and in termediate agencies, and proceed directly to the source of all legitimate power ucder our institutions Hew vain would any other principle prcve in practice.' This may be illustrated by the ease of Kansas. Should she he admitted into the Union, with a constitution either maintaining or abolishing slavery, against the sentiment of the people, this could have no other effeet. th in ro continue and to exasperate the existing agitation during the brief period required to nv.t.e ihc constitution conform to the irresistible will c f the majority. The friends and supporifcrs of the Nebraska and Kansas act, when struggling on a recent occasion to sunt : n its wise provisions before the great tribunal of the American people, nev er differed about its true meaning on this sub ject. Everywhere throughout the Union they publicly pledged their faith and their honor, that they would cheerfully submit the questiou of slavery to the decision of the bona fide peo ple of Kansas, without any restriction or qual ification whatever. All were eordially united o ; 'i i, rhe great doctrine of popular sovereignty, which ;a the vital principle ot our free institu tions. Hal it tbea been insinuated from any quarter that it would be a sufficient compliance with the requisitions of the organic law for the members Of a convention, thereafter to be elect ed, to withhold the question of slavery from the people, and to substitute their own will for that of a legally-ascertained imjoril/ of all their constituents, this won id have been instant ly rejected. Everywhere they remained true to the resolution adopted on a celebrated occa sion recognising "the right of the people of all the Territories—including Kansas and Nebras ka—acting throngh the legally and fairly-ex pressed will of a majority of actual residents, and whenever ihe number of their inhabitants justifies it, to form a constitution, with or with out slavery, and bo admitted into the Union upon terms of perfect equality with the other States." The eonvenfton to frame a constitution for Kansas met on the first Monday of September last. They were called together by virtue of an act, of the territorial legislature, wbese law ful existence had been recoguised by Congress in different forms and by different enactments. A large propertiou of the citizens of Kansas did not taink proper to register their tames and to vote at the election for delegates : but an op portunity to uo this having been fairly afforded their refusal to avail themselves of their right could in no manner affect the legality of the convention. This convention proceeded to frame a consti tution for Kansas, and finally adjourned on the 7tp day of November. Bat little difficulty oc curred iu the convention, except on the sub ject of slavery. The truth is that the general provisions of our recent State constitutions are so similar—and, 1 may add, so excelleut—that the difference between them is not essential.— Under the earlier praclice of the government, no constitution framed by the convention of a Territory preparatory to its admission into the Union, had been submitted to the people. 1 trust however, the example set by the last Congress, requiring that the cer.stitution of Min nesota ''should be subject to the approval and ratification of the peoplo of the proposed State " may he followed on future occasions. I took it for grauted that the convention of Kansas would act in accordance with this example, founded, as it is, on correct principles; and hence my instructions to Governor Walker, in favor of submitting the constitution to the peo ple, were expressed in general and unqualified terms. In the Kansas-Nebraska act, however this re quirement, as applicable to the constitution had nor been inserted, aDd the convention not bound by its terms to siihuiii, any other portion of the instrument to an election, exc.pt that which rt-oites to the institution' of slavery. This wil* be rendered clear Ly a simple reference to its language. It was "not to legislate slavery into any Territory or Sure BIBFOR© IM&UIEEIt nor to exclude it therefrom, but to leave tho people thereof perfectly frcb to form and regu late their domestic institutions iu their own way." According to the plain construction of the sentence, the words "domestic institutions" have a direct as they have u appropriate refer ence to slavery. "Domestic institutions" are limited to the family. The relation between master and slave and a few others are "domes tic institutions," and are entirely distiuct from institutions of a political character. Besides, there was no question then before Congress,nor iudecd has there since been any serious question before the people of Kansas or tho oouutry, ex cept that which relates to the "domestic insti tution" of slavery. The convention, after an angry and excited debate finally determined, by a majority el only two, to submit tho question cf slavery to the people, though at the last forty-three of tho fifty delegates piescut affixed their siguattres to the constitution. A large majority of the convention were in favor of establishing slavery in Kansas. They aocordiugiy inserted an article in the consitn tion for this purpose similar iu form to those which had been adopted by oiher territorial conventions. In the schedule, however, pro viding for the transition from a territorial to a State government, tho question baa been fairly and explicitly referred to the people, whether they will have a constitution "with or without slavery." It declares, that before the constitu tion adopted by the convention "shall be seut to Congress for admissiou into the Union as a State," an election shall be held to decide this question, at which all the white male inhabitants of the Territory above the age of '2l are enti tled to vote. They arc to vote by ballot; and "the ballots cast at said election sball be en dorsed 'constitution with slavery,' and 'consti tution with slavery.'" If there be a majority iu favor of the "constitution with slavery," then it is to be transmitted to Cougress by the Pres ident of the Convention in its original fortu.— If, ou the contrary, there shall be a majority iu favor of the "constitution with no slavery," "then tho article providing for slavery shall be stricken from the constitution by the president of this convention;" aud it i* expressly declar ed tuat "no slavery shall exist iu the Slate of Kansas, except that the right of property iu slaves now in the Territory shall iu uo manner be interfered with;" sod iu that event it is made his duty to have the coustitutiou thus ratified transmitted to the Congress of the United States for the admission of the State into the Union. At this election every citizen will have an opportunity of expressing his opinion by his vote "whether Kansas shall he received into tho Union with or without slavery," and thus this exciting question may be peacefully settled in tlie very mode required by the organic law. The election will he bcld under legitimate au thority, aud if any portion of the inhabitants shall refuse to vole, a fair oppoitutity to do so having been presented, this will be their own voluntary act, aud they alone will be responsi ble for the consequences. Whether Kansas shall be a free or a slave State must eventually, under some authority,be decided by an election; and the question can ucvet ut- more ciearlv or distiucily presumed to the people than it is at the present moment. — Should tins opportunity be rejected, she may be involved tor years in domestic discord, and possibly in civil war, before she can again make up the issue now so fortunately tendered, and again reach the point she has already attained. Kausas has tor some years occupied too much of tho public attention, it i< high time this should be directed to far more important ob jects. \V lieu once admitted into the Uuion, whether with or without slavery, the exeitemeut beyond her own limits will speediiy pass away and she will then for the first time be left, as she ought to have been long since, to manage her own affairs in her own way. If her consti tution on the subject of slavery, or on any oth er suDjuct, be displeasing to a majority of tue people, no human power cuu prevent thciu ftoiu changing it within a brief period. Under these circumstances, it may well be questioned wheth er the peace aud quiet of the whole country are i uot ot greater importance than the mere tem porary triumph of either of the political parties ' in K nsas. Should the constitution without slavery be adopted by the votes of the majority, the rights of property in slaves now in the Territory are reserved. The number of these is very small; ; but it it were greater the provision wotld be i equally just and reasonable. These slaves were brought into the Territory under the constitu tion of the United Mtatcs, and arc now the pro perty of their masters. This point has at length j been finally decided by tho highest judicial tri buual of the country —aud this upou the plain j principle that when a confederacy of sovereign States acquire a new territory at their joint ex pense, loth equality and justice decani that the citizens of one and all of them °bali have the right to take into it whatsoever is recog nised as property by the common constitution. To have summarily confiscated tho property in slaves already in the Territory, would have been an act of gross injustice, and contrary to • the practice of the older Spates of the Union which have abolished slavery. A territorial government was established for ; Utah by act of Congress approved the 9th Sep- | tember, 1850, and the constitution aud laws of the United States were thereby cxteuded I over it "so far as the same, or any provisions thereof, may be applicable." This act provi ded for the appoiutmcut by the the President, by aud with lire advice and consent of the Sen ate, of a governor, who was to be ex-ofticio superintendent cf Indian affairs, a seerctay, J three judges of the supreme court, a marshal, j and a district attorney. Subsequent acts pro vided for the appointment ot the officers neces sary to extend our laud aud our Indian system over the Territory. Brighaiu Young was ap pointed the C..-1 governor on the 20th Septem ber, 1850, and has held tbo office cveraiuce.— Whilst Governor Young has been both govern or aud superintendent of Indian affairs through- ! out this period, he bis been at tho same time j the bead of the church culied the Latter-Day j Saints, and professes to govern its members and i dispose of their property by direct iecpiration ' and authority from the Almighty. His power j has been, therefore, absolute over both church i and Slate. The people of Utah, almost exclusively, belong to this ,huc"h, and btlijving with a lanatieal spirit that he is governor of tli J Territory by divine ap pointment, tiipv obey bis comraatnL is if these wi re direct revelations Jrom Heaven. If, therefore, he e-ioOMa that his govt:Etuo.it shall come Into c->lli rion with thegQTcrtfncEt of ' • Fi.it.r? States, tue members of the M. "h; >1 church win yield implicit ooeilieuce to his will. UnfortunJcly, existing tacts leave but little doubt that suel is bis determi- , nation. Without entering upon a minute hirtory of occurrences, it is sutticicut to say that, cii *ha offi cers ot the United States, judicial and executive, with the single exception of too Indian scents, have found it necessary for their own personal safe ty to withdraw front the Territory, and there no longer remains any government in Utah but the despotism of Brigham Young. This bt.iig the con dition of ail'-irs in the Territory, I could not mis take the path of duty As Chief Executive Jlag ist-ate, I vvas bound to restore the supremacy of t;. j constitution and laws within its limits. In or der toei'ec. this purpose. 1 appointed a new gover nor and other federal officers for Utah, and sent with them a military force fortheir protection, and to aid as a pout comitaius, in ease of need, in the execution of the laws. With the religious opinions of the Mormons, as loug as they remained mere opiuior.s, bow ever deplorable iu themselves and revolting to the moral and religious sentiments ot all Chri' tendom, I had no right to iutcrferc. Ac lions ulone, when in violation of the constitu tion and laws of the United State*, become the legitimate subjects for the jurisdiction of h3 civil magistrate. My instructions to Gov. Gumming bave therefore been framed in strict accordance with theso principles. At their date a hope was indulged that no necessity might exist for employing the military in re storing and maintaining the authority of the law; but this hope bus now vanished. Gov. Young hs, by proclamation, declared his de termination to maintain his power by force, and has already committed acts of hostility against the United States. Unless he should retrace his steps, the Territory of Utah will be in a state of open rebellion. lie has com mitted these acts of hostility no;withstanding Major Van Vliet, an officer of the army, sent to Utah by the commanding general to purchase provisions for the troops, had given hitu the strongest assurances of the peaceful intentions of the government, and that the troops would ouly be employed as a posse comitatus when called on by the civil authority to aid in the execution of the laws. There is reason to believe that Gov. Young has long contemplated this result. He knows that the continuance of his despotic power de pends upon the exclusion of all settlers from the Territory, except those who will acknow ledge his diviue mission, aud implicitly obey his will; aud that an enlightened public opin ion there would soon prostrate institutions at war with 'be laws both of God and man. He has therefore for several years, iu order to maintain his independence, been industriously employed in collecting aud fabricating arms ami munitions C war, aud in disciplining the Mormons for mißury se r vice. As superinten dent of lndiuu affair he has had au opportuni ty of tamperiug with the Indian tribes, and ex citing their hostile leeiiiigs agaiust the Untied States. This, according to our information, he has accomplished in regard to some of these tribes, while others have reiuaiued true to their allegiauce, and bave communicated bis iu trigues to our Indian ageuts. l] has laid in a store of provision- for three years, which in case of necessity, as he informed Major Vau Vliet, he will uouceal, "and theu take to the mountains, aud bid ueiiauce to all the powers of the government." A great part of all this may be idle boasting; but yet uo wise government will lightly esti mate the efforts which may be insptted by such phrensied fanaticism as existed autoug tbc .Mot mons iu Utah This is the first rebellion which has existed iu our Territories; aud hu manity itself requires that we should put it down in such a manner that it shall he the last. To trifle with it would be to encourage it and to render it formidable. We ought, to go there with such an imposing force as to convince these deluded people that resistance would be in vaiD, and thus spare tho etiusiou of blood. We can in this manner best convince them that we ana their fraeuds, uot their enemies. In or der to accomplish this object it will be neces sary, accordiug to the etimate of the War De partment, to raise four additional regiments; and this 1 earnestly recommend to Cougress. At trie present moment of depressiou in the reveuues of the country I am sorry to be obli ged to iceouiuieud such a measure; but 1 feel confluent of the support of Congress, cost what it may. iu suppressing the iusurrectiou and in restoring and maintaining the sovereignty of the coustitutiou and laws over the Territory of Utah. I recommend to Congress the establishment of a t-writorial government over Arizona, in corporating with it such pert ions of New Mexi co as they may deem expedient. I need scare ly adduce arguments iu support of this recom mendation. We arc bound to protect the lives aud the property of our citizens inhabiting Ar izona, and these are now without any efficient protection. Their present number is already considerable, and is rapidly iucreasiug, not withstanding the disadvantages under which they labor. Besides the proposed Territory is believed to be rich in mineral and agricultural resources, especially in silver and copper. The mails of the United States to California are now carried over it throughout its whole ex tent, and this route is kuowu to be the nearest, and believed to be the best to the Pacific. Long experience has deeply convinced me ; that a strict construction of the powers granted to Congress is the only true, as well as the ou !ly safe, theory of the constitution. Whilst | this principle shall guide tny public conduct, 1 consider it clear that under tho war-making power Congress may appropriate money for the construction of a uiilitrry road through the Territories of the United States, when this is absolutely necessary for the defence of auy of the States against foreign invasion. The con stitution has conferred upon Congress power "to declare war," "to raise and support ar mies," "to provide and maintain a navy," and to call forth the militia to "reprl invasions."— These high sovereign powers necessarily in volve important and responsible public duties, and among thorn there is none so sacred and so imperative as that of preserving our soil from the invasion of a foreign enemy. The Consti tution ha, therefore, left nothing on this point to construction, but expressly requires that "the United States shall protect each of tbein [the States) against invasion." Now, if a mil itary road over our own Territories bo indis pensably necessary to enable us to meet and re pel the invader, it follows as a necessary con sequence not only that we possess the oowcr, but it is our imperative duty to ono t ru*t hujh a road. It would be an ab"-dity i. nvest a government with the uniimite-. i"> ?er to make and conduct war, and i.t 'lie same time deny to it the ODly means of reaching and defeating the enemy at the iron tier. Without such a roui it i 3 qmto <;?< i*j)t we cannot "protect" California nnd our I'*cisc possessions "ugaiust inv&atou. ' We cannot by auy other means ' transport men and munitions of war from the At lan lie States in sufficient time successfully to defend these remote ami distant portions of the repuljic. Experience has proved that the routes across the isthtuus of (Vutral America are at best but a verjr*uncertain and unreliable mode of coui inuuication. But even if tbi were not the case, they would at once be closed against us ia the event of war with a naval power HO much stronger than our own as to enable it to block ade the ports at either end of tlje.se routes. — Alter all, therefore, we can only rely upon a military road through our own territories r.nd ever since the origin Of the government Con gress has been in the practice of appropriating tunaey from the public treasury for the con struction of such roads. The difficulties and theexpeuse of construct* ing a military railroad to couuect our Atlantic and Pacific States have boeo greatly exaggera ted. The distance on the Arizona route near the 32or tauce is far greater as furnishing homes for a Lardy and independent race of honest and in dustrious citizens, who desire to subdue aud cultivate the soil. They ought to he admin istered mainly with a view of promoting this wise ">out; and we tuiy indulge the agreeable anticipation that at no very distant day they will be incorporated '■