Bedford inquirer. (Bedford, Pa.) 1857-1884, December 18, 1857, Image 2

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    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 32<i parallel of north latitude, between the
western boundary of Texas on the Bin Grande
and the eastern boundary of California on the
Colorado, from the best explorations uow with
in our knowledge, does not exceed four hun
dred and seventy miles, and the face of the
country is, in the main, favorable. For'Ohvi*
ous teasons the government ought not to under
take wcrrk itself by means of its own agents. —
This ought to be committed to other agencies,
which Congress might assist etthcr by graut*
of laud or money, or by both, apou such terms
and conditions as they may deem most benefi
ce! for the country. Provision might thus bo
made not only for the safe, rapid, and econom
ical transportation of troops aud munitions of
war, but also of the public mails. The com
mercial interests of the whole country, both
East end West, would be greatly promoted by
such a road; and above all, it would be a pow
erful additional bond of union. And although
advantages of this kind, whether postal, com- j
uiercial or political, cannot confer constitution- ;
al power, yet they may furnish auxiliary argu
ments in favor of expediting a work which, in j
my judgmeut, is dearly embraced wiihiu the i
war-making power.
For these reasons 1 commend to the friendly ;
consideration of Congress the subject of the j
Pacific railroad, without fiaally committing .
aiyseif to any particular route.
The report of the Secretary of the Treasury
will furnish a detailed statement of the condi
tion of the public finances and of the respective
branches of the public service devolved upor.
that department of the government. By this
report it appears that the amount of revenue
received from all sources into the treasury du
ring the fiscal year eliding the the 30th June,
1857, was sixty-eight million six hundred and
thirty oue thousand five huuJred and thirteen
dollars and sixty-seven cents, (§68,631,513
68,) which amount, with the balance of niue
tceu million nine hundred and one thousand
three hundred and twenty-five dollars and for
iy-five ceuts, (§19,901,325 45,) remaining iu
the treasury at the commencement of the year,
made an. aggregate for the service of the year
of eighty-ei-ht million five hundred and thirty
two thousand eight hundred aud thirty-nine
dollars and twelve cents, ($88,532,839 12 )
The public expenditures for the fiscal year
ending 30tlx June, 1807, amounted to seventy
million eight hundred and twenty-two thous
and seven hundred ami twenty-four dollars
and eighty-five cents, ($70,822,724 85,) of
which five million nine hundred and forty-three
thousand eight hundred and ninety-six dollars
and ninety-one cents ($5,913,896 91) were
applied to the redemption of the public debt,
including interest and premium, leaviug in ttte
treasury at the commencement of the present
fiscal year ori the Ist July, 1857, seventeen
million seven hundred and ten thousand one
hundred and fourteen dollars and twenty-seven
cents, ($17,710,114 27.)
The receipts into the treasury for the first
quarter of th<= preseut fiscal yeai, commencing
Ist July, 1857, were twenty million nine hua
died and tweuty-nioe thousand eight hundred
and uineteen dollars and eighty-one cents,
($20,929,819 81,) and the estimated receipts
of the remaining three quarters to the 30tb
.Juue, 1858, are thirty-six million seven hun
dred and fifty tbousaud dollars, ($36,750,000)
making with *he balance before stated au ag
gregate of seventy-five million three hundred
and eighty-nine thousand nine hundred and
thirty-four dollars and eight cunts, ($75,389,-
934 08,) for the service of the present fiscal
year.
The actual expenditures during the first
quarter of the present fiscal year were twenty
three million seven hundred and fourteen
thousand five hundred and twenty-eight dol
lars and and thirty-seven cents, (23,714,523
37,) of which three million eight hundred and
ninety five thousand two hundred and thirty
two dollars and thirty-nine cents ($3,595,232
39) were applied to the redemption of the pub
lic debt, including interest and premium. The
probable expenditures of the remaining three
quarters, to 30th June* 1858, are fifty-one
million two huudrcd and forty-eight thousand
five hundred and thirty dollars and four cens
(§51,248,530 04,) including interest ou the
public debt, tnakiug an aggregato of seventy
four million uine hnudred and sixty-three
thousand fifty-eight dollars and tortyoue cents
($74,963,058 41,) leaving an estimated bal
ance in the treasury at the close of' the present
fiscal year of four hundred and twenty-six
thousand eight hundred and seventy-five dol
lars and sixty-seven cents, ($426,875 67.)
The amount of ihe public debt at the com
mencement of the present fiscal year was twenty
nine millions sixty thousand three hundred and
eighty-six dollars and ninety cents (§29,060,-
386 90.)
The amount redeemed since the last of July
was three million eight hundred and ninety
five thousand two hundred aud thirty-two dollars
and thirty-nine cents ($3,595,232 39) —leaving
a balance unredeemed at the time of twenty
five million one hundred and sixty-five thousaod
one hundred and fifty-four dollars and fifty
one cents § 1 25, 105, 154 51.)
The amount of estimated expenditures for
the remaining thrco quarters of the present
fiscal year will, in all probability, be increased
from the causes set forth in the report of the
Secretary. His suggestion, therefore, that
authority should he given to supply any
temporary deficiency by the issue cfa limited
amouut of treasury notes, is approved and I ac
cordingly recommend the passage of such a
law.
As stated in the report of the Secretary, the
tariff of M.irob 3, 1857, has been in operation
for so short a period of time; and under uireuin
stauces so unfavorable to a just development of
its results as a reveauo measure, that 1 should
! regard it as inexpedient, a t le .st for the preset
i to undertake it? revision.
I I transmit herewith the rejujrt? made to me
j bv tl c Secretaries of War ami of the Navv, of
j the Interior aud of the Postmaster Goner*!
; They all contniu valuable and important in
i formation and tuggeasions which 1 commend to
the favorable consideration of Congress.
1 have already recommended the raising of
four additional regiments, an 1 the report u f
the Secretary of War present* strong reasons
! proving tI.U increase of the airny, under ex
isting circumstances, to be hidispeusable.
I would call the special attsulioß of Congress
to the recommendation of fhe Secretary of the
Navy ia favor of the construct; ui of ten suiml
war steamers o? light draught. For some
years the government has beeri obliged on uiauy
| occasions to hire such steamers (rom individuals
ito supply if? pressing wants. At the prefect
jmo moat we uavc uo armed vessel ?n the navy
I which can penetrate the rivers of Cbiui. V.'c
i l ave but few which can enter any of the har
bors south of Norfolk, although many miliums
of foreign and domestic commerce annually pass
in aud out of these harbors. Some of our aio.,t
valuable interests and most vuiuer.aldu poi, ts
i arc thus left exposed. This class of vessel's of
j light draught, great pcetl and heavy guns
j would be formidable in coast defence. Tbe
j cost of their construction will not be great, and
j they will requite but a comparatively small cx
! penditure to keep them iu commission, iu time
i of peace they will prove a? effective is much
! larger vessels, and often more Uoefui. On iof
them should bo at every station where we
maintain a squadron, and three or four should
be constantly employed on our Atlantic and
Pacific coast?. Economy,utility, aud efficiency
combine to recommend them as almost indis
pensable. Ten of these small vessels would be
of incalculable advantage to the naval service,
and the whole cost of their construction would
not exceed two million three hundred thousand
dollars, or §230,000 each.
Tbe report of the Secretary of the Intei ior
is worthy of grave consideration. It treats of
the numerous, important, aud diversified
branches of domestic administration intrusted
to him by law. Among thee the most promi
nent are the public lauds and our relations
with the Indians.
Our system for the disposal of the public,
lands, originating with the fathers of the re
public, La.- been improved as experience pointed
tbe way, and gradually adapted to the growth
and settlement of our western States and
Territories. It has worked well in practice.
Already thirteeu States and seven Territories
have been carved out of these lauds, and still
more than a thousand miliums of acres remain
unsold. W hat a boundless prospect this
presents to on* count;) of future prosperity and
power!
We Lave heretofore disposed of 363,862,-
43-1 acres of the public laud.
Whilst the public lands as a source of
revenue are of great importance, their iuij>or
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 "><t benevolout potioy. til uppropiiatlag
them for any other purpose, wo ought to use
even greater economy than if they had been
converted iuto money and me piroeeeds were
already iu the public treasury. To s<{ lander
away this richest and nobles: inheritance which
any people have ever enjoyed upon objects of
doubtful constitutionality or expediency, would
be to violate cue of t.ie nios; important trusts
over committed to any people. Whilst 1 do
not deny to Congress the power, when acting
bona fide as a proprietor, to give away portions
of tlieiu tor tbe purpose of increasing the valu
of the remainder, yet, considering the great
temptation to abuse this power, we caunut be
too cautious tn its exercise.
Actual settlers under existing laws are pro
tected against other purchasers at the publio
silas, in their risht of preemption, to the extent
of a qurrcr-secdon, or 160 acres of laud.—
Toe reuiuiuder may then be disposed of at pub
lie or entered at private silo in unlimited
quantities.
Speculation has of late years prevailed to a
great extent iu the public lands. The °n
sequence has been that large portions them
have become the property of indi~*duals and
companies, and thus the price greatly en
hanced to those who desir 10 purchase for
actual settlement. In ardor to limit tbe area
o? speculation as ui' , eh as possible, the ex
tinction of the Indian title and the extension
of the publio srvevs ought only to keep
with the tid of emigration.
It Congress shoull hereafter graut alttrnatc"
sections to States or companies, as they have
done heretofore, I recommend that the intcr
niediaie sections retained by the gevcrnnicnt
should be subject to pre-emption by actual
sellers.
It ought ever to be our cardinal policy to
reserve tbe public tands as much as may Le
for actual settlers, and this at moderate prices.
We shall thus uot ouly best promote the pros
perity of tbe new States and Territories, and
the power of the Uuiou, but shall secure boaies
for our posterity for rnauy generations.
The extension of our limits has brought
within out jurisdiction many additional and
populous tribes of Indians, a large proportion
of which are wild, untractable, aud difficult to
control. Predatory and warlike in their dis
position aud habits, it is impossible altogether
to restrain them from committing aggressions
on each other, as well as upon our frontier cit
izens and those emigrating to our distant
States and Territories, llence expensive mil
itary expeditions arc frequently necessary to
overawe and chastise the more lawless and
hostile.
The present system of malting them valua
ble presents to iufluencc them to remain at
peace has proved ineffectual. It is believed to
be the better policy to colouize them iu suita
ble localities, whore they can receive the rudi
ments of education and le gradually induced
to adopt habits cf industry So far as tbe ex
periment has been tried it has Worked well iu
practice, and it will doubtless prove 1" be leas
expensive than ?h present system.
Tho whole number cf Indians wi'hin our
territorial limits is "believed to be, from the
best data in the lutcilor department, about
823,u00.
The tribes of CUcrokeos, Choc taws, Chic**'
saws and Creeks, settled ia the territory
apart for thein west of Arkansas, ar*'' T r J
advancing in education and ia ail the * l,i
civilization and self-<e.vera>out; and we tuiy
indulge the agreeable anticipation that at no
very distant day they will be incorporated '■