BY DAY ID OYER.
PRSSIBB'm MBSSIGB. j
Fclloto Citizens of tA:
Senate end House of Representatives.
When ire compare the condition of the coun
try at the present J.iy with wbd it was one year
•go, at the meeting of Congress, we have much
reason Cor gratitude to that Almighty Providence
which has never Cmied to interpose for our re
lief, at the uiott critical periods of our history.
One year ago, the sectional strife between the 1
l.orih and eouth, on the dangerous subject •.<[
eLvery, had agaiu become so intense as to
tbrcaiCD the peaco an 1 perpetuity of the con
federacy. The application for the Jans-don of
Kansas as a State into the Union, fostered 'his
unhappy agitation, and brought 'ue whole sub
ject once more before (Congress. It was tin
desire of every patriot th it such measures of
legislation might ha adopted as would remove
the excitement from the States, a-i 1 confine it
t) li lerii'oiy wnrre it legiriinjieiv belonged.
Much h- i-ec.i ioue, lam .ppy to siv, vow-tds
the iCComn.isiuaeut of this ol>jce, during she
fait se.-si-'Q nt thing' ess.
The "supreme Court o; the United States had
previously decide i that ..31 American citizens
have an -qu.il right tu take into the territories
whatcV' r is held a, property under the laws of
ny of '-be .States, and to hold such property
ilt ere under tins guardianship of the fedora!
cuu-titutioD, *" ! i.g us :he territorial condition
thai! rem h.
: Lis is no., a re! c-t .hiisbcJ position, and
the proceedings i f the last session were ukue
wanting to g;v • : i.'act,s .1 effect. The prin
ciple bus oeeij r.eugutz ■i l .u some form or oth
er, by an aim >*t unanimous vote of both houses
i f Congress, ih,; a territ.-ry L< a right to come
into the Union either us a free or a slave State,
according to the Wiil ot a majority of its pro
plc. The just equality of all the States litis
thus I een viuJic.itei, and • fruitful s urea of
dangerous dtssens: u am' tig them Uus : ru re
move J.
Whilst such Las t ecu the beneficial tendency
ot your legislative proceedings outside of Kl
--*e, their it flueu.ee Las row here been so happy
as within that territory ii.-etf. L-.-ft to manage
and control i's own fcff.irs in jr.s ovru way, with
out ifie ci• -sure o • xt-rtol influence, the rtv-
I'lutiomry l op ka r rgantziiion end all resist
ance to the territorial government established
ny Congress, have been finally abandoned. Ao
•t natural consequence, that fine territory now
appears to bo tranquil and prosperous, and i"
attracting increasing thousands . , car.gru t: s to
make it their happy home.
The past unfortunate txpcriei.ee of K i.-as
nas enforced the lesson s( > often already taught
that resistance to lawful autoriM, under our
form of t'ovemincut, cannot fail in ice end to
prove disastrous to it., authors. Ha i the peo
ple of the territory yielded obedience to the
laws enacted by then* legislature it would at
'he present moment have contained a large ad
ditional population if industrious and entor.
pri-iug cuiztms, who have tuiuii deterred from
euteriug its border, by the existence of civil
strife and organiz d rebellion.
It was the resUtaucc- to rigb'fu! aatbc-rity
and the persevering attempts to establish a rev
olutionary government under the Topeka con
stitution, which Caused the people of Kansas to
commit the grave error of refusing to vote for
delegates to the convention to frame a consti
tution, uuuer a law not denied to be fair and
just in its provisions. This refusal to vote has
Lecu the prolific source of all the evils which
have followed. In their hostility to the terri
torial government, they disregarded the pnnci
pie, absolutely essential to the working of our
torui of governmeut, that - majority of those
who vote —not the majority who mav reman at
Louie, from whatever cause—must decide the
result of an election. For this reason, seeking
to take advantage of their own error, they de
nied the authority of the couveu'ion thus electr
id to frame a constitution.
' Tbe convention, notwithstanding, proceeded
to adopt a constitution unexceptionable in its
general leaiutcs. and providing for the eubinis
tiou of the slavery question to a vote of the
people, which, in my opinion, ;b y were bound
to do, under the Kansas ana .Nebraska aei.—
This was the ail-important question which had
Mono convulsed tho territory, und yet the op
ponents ot the lawful government, persisting
in their first error, refhiiuetl from exercising
their right to vote, and preferred that slavery
should continue, ratucr tiiau surrender their
revolutionary Topeka organizuiion.
A wiser and better spirit seemed to prevail
tefore the first Monday of January last when
aa election was held under the constitution.—
A majority of the people then voted for a gov
ernor and other State officers, for a member of
Uougress, and members of tiio State legislature.
This elcctiou was warmly contested by tbe two
political parties in Kansas, and a greater vote
was ptilied than at any previous election. A
large majority of the members of the legisla
ture elect belonged to that party which had
1 riviously refused to vote. Tho anti-slavery
party were thus placed in tbo ascendant; and
the political power of the State was in their
own hand*, llud Congress admitted Kuusas
into the Union under the Lecomptou constitu
tion, the legislature might, at its very first ses
st*s, have submitted the question to a vote of
tLe people, whether tbey would or would not
have a convention to amend the constitution,
either on the slavery or uuy other question, and
have adopted ail necessary moans for giving
•peedy effect to tire will of lire majority. Thus
the Kaunas question would have been iortnadi
ateiy and fiually nettled.
Uuuer these circumstances, I submitted to
1 ongrcss the constitution thus framed, with all
Uie officers ulready elected necessary to put the
government into operation, accoiupauied
by a strong recommendation in tavor of the ad
mission ol Kansas as a JSute. lu the course
of my long punt to life I have never performed
A Weekly Paper, Devoted to Literature, Politics, the Arts, Scieaees, Agriculture, &e., &c—Terras: One Dollar and Fifty Cents in Advance.
any official act which, in the resro-pect, has uf
forded tua more heartfelt satisfaction. It? ad
mission could have inflicted no possible injury
on any human being, whilst it would, within a
brief period, have restored peace to Kansas
and harmony to the Union. Io tlmtevonr, the
slavery question would era this hare been fin
ally settled; according to the legally expressed
will of a majority of the voters, and popular
sovereignty would thus have been vindicated in
a constitutional manner.
With mv drop convictions of duty, I could
have pursued uo other course. It is true that,
as aci iudividud, I had expressed an opinion,
both before and daring the session of the con
vention, in favor of submitting the remaining
clauses of the constitution, as well as (hat con
cerning slavery, to the people, But, acting in
an official character, neither myself mw any
human authority had the power to rcjudgo the
proceedings of the convention, and declare the
constitution which it had framed to be a nullity.
To have done this, wpnld have been a violation
of the Kansas and Nebraska act, which left the
people of the territory "perfectly free to form
•nd regulate their domestic- institutions in their
own way, subject eniy 'o the constitution of
the Uuiti l Scales.'' It would equally have
violated the great principle of popular s.iver
eigijty, at the foundation of ocr iosMtut'ons, to
deprive the people of the power, if tliey thought
proper to exercise it, cf confiding to delegates
elected by themselves the tru.-t of framing a
constitution, without requiring tliem to subject
their constituents t" tho trouble, expen.-o and
d-lay of a scc. nd election. It wool 1 have hc-ti
iu opposition to many j.recedeuts in our history,
commencing in the very best age of the repub
lic, of the a-.mission of teriitorics as States into
li e Union, without a previous vote of the peo
ple approving (Leir constitution.
It is to L-e lamented ihat a question so insig
nificant when viewed io its practical effects on
D.e people of Kansas, whether decided one way
cr tiio other, should iiave kindled such a flame
cf .x.'itemont throughout the country. This
icfl'.'Otion in.y prove to bo a lessou of wisdom
and of warning f-r our future guidance. Ih .'c
iiealiy considered, the question is simply w' eth
•■r the people >.[ that territory should first come
into the Union uad then change any provision
in their constitution uot agrecahie to themselves
or ac-oiii-ii-di the very s.'uo object by re
lualuing t-ut of t!-e Ut.iori and framing another
constitution in accordance with their will? .n
I'itliur case the result would be precisely the
souic. The only d.ff.'ience in pr-iat of fact is,
that the ebjeoi w* old hiyc hoeti mue'i sooner
nttaiucd, and -he pariSealion of Kinsvs more
-pC-'di'iy effected, had it been admitted as ;t State
during the last cession of Congress.
My i ecomiuendaii.. ii, however, for the hum-.-
iliate admissi ;i of K'naa3, iViltd to meet, th"
approLatiou of Congress. They deemed it wiser
to adopt a different measure for the settlement
of the question. For tny own part, I should
have been willing to yield my assent to aiuiost
any cons'itutional measure to aceampiish this
ohjeet. I, therefore, cordially acquiesced iu
what has been called the English Compromise,
and approved t he "act for the admission of the
State of Kui-as iuto the Union," upon the
terras tl. 'ieiu prescribed.
Under the rtdiiiance which accompanied the
Eeeempt.-u constitution, the people of Kansas
had claimed louhie the quantity of public lauds
fcr the .support of common schools, which had
over been previously granted to any State upon
entering lite Union; ami also the alternate sec
t os of land for twelve miles on eaeii side ot
two rail roads, proposed to he constructed from
the northern to the southern boundary, and from
the . astern to the western boundary of the
State. Congress, deeming these claims unrea
sonable, pro\ ided, by the act of May 4, 18;3,
to which I have just referred, for the admission
of the State on an equal footing wiih the origi
nal States, but ''upon the fundamental ennui
tion precedent" that a majority of the people
thereof, at au election to be held Ur that pur
pose, sh' uld, iu place of the very large grants
of public lands witieh they had demanded under
the ordinance, accept such grauts as had been
made to Minnesota and other new Stafe.s. Un
der this act, stiould u m juity reject the pro
position offered tbcui, "it sliall be deemed and
held that the people of Kansas do not desire
admission into the Union with said constitution
under the conditions set ,orth in said proposi
tion." 1_ that event, the act authorizes the
people of tl.c territory to elect delegates to
forui a constitution and State government tor
themselves, "whenever, and not before, it is as
certained by a census, duly and ieguiiy taken,
that the population of said territory equals or
exceeds (he ratio of representation required tor
a member of the House ot .Representatives of
the Congress of the United States." The dele
gates thus assembled "shait first determine by
a vote whether it is 'he wish ot the people ot
tbo proposed State to bo admitted iuto the
Uuion at that time, and, it so, shall proceed to
form a constitution, and lake all uecessary steps
for tiio establishment of a State governuicut in
conformity with the tedctal constitution. Al
ter this constitution sluil have beou toriued,
Congress, carrying out the principles of popu
lar sovereignty aud non-intervention, have lefi
"the mode ar.d manner ot its approval or rati
fication by tho people of the proposed
t. be ''prescribed by law," aud th"}' "shall
then be uduiitted into tho Union as a At .te un
der such cousfitutiou thus fairly and legally
made with or without slavery, as said coiHUtu
tion may prescribe."
Au election was held throughout Kansas, iu
pursuance of the provisions of this act, on the
second day of August last, and it re-uiteu in
the rejection, by a large majority, of the pro-
P"iition submitted to the people by Oougress.—
I'll is being tbe case, they arc now authorized to
form another constitution, preparatory to ad
mission into th J Uuion. but not until their num
ber, as ascertained iy 4 r- nsu", shall equal or
BEDFORD, PA., FRIDAY. DECEMBER 17, 1858.
I exceed the ratio required to elect a member 'o
the House of Representatives.
It is not' probable, in fho present state of
. the ease, that a third constitution can be law
fully framed and presented to Congress by
j Kansas, before its population shall have reach
ed the designated number. Nor is it to be
presumed (hat, after their Sid experience in re
sisting tbe territorial laws, they will attempt to
adopt a constitution iu express violation of the
provisions of an act of Cingress. During the
session of 185G, much of the time of Con
gress \Vu9 occupied ou ihe question of admit
-1 ting Kansas uudor the Topeka constitution.—
; Again, nearly the whole of the last session was
devoted to tire question of its admission under
i the Lecouqton constitution. Surely, it is uot
| unreasonable to requite the people of Kansas
I to wait, before making a thud attempt, until
; tbe number of tbc.r inhabitants shall amount
to uiucty-tbreo thousand four hundred and
twenty. During this brief period, the harmo
ny of the States, as well as the great business
interests of lhe country, demand that the peo
ple of the Uuion shall uoi, for a third time, be
convulsed by another agitation on the Kansas
! question. By waiting for a short time, aud
. acting iu obedience to law, Kansas will glide
' into the Union without the slightest iuipedi
| tuent.
This excellent provision, which Congress
; have applied to Kansas, ought to he ex'euded
and rendered applicable t'o all territories which
i may hereafter seek admission iuto the Uuion.
\\ hilst Congress possess the undoubted pow
er of admitting a uew State into tbe Union,
however ftiuxil may be the number of its inhabi
tants, yet this power ought uot, in my opinion,
; to be exercised before tbe population shah
•mount to the ra'io require 1 b% the act for the
• admisd.in of Kansas, li .d ibisheet. previously
i the ruie the country would have escaped sii the
evil? and misfortunes to which it has been ts
! posed by the Ivan "as question.
Of ccufso it would be unjust to give this tula
a retrospective application, and exclude a State
which, ac'iug upon tbe pa-t practice of Ihe
governiucn*, baa a!ready formed il.s constitution,
ei oted its UJ-io'r.ie atti ather officer*, and is
nu-.v prepared to enter the Uuion.
Vhe rr.'e ought to be ad >p?ed, wln-ther we
consider its bearing on tLe people of the terri
tories or npou the people ui tbe existing Siates.
i Mauy of me serious uisseutioos which L ive
! prevailed iti Congress and throughout ths coun
try, v.iuld have been avoided, had this rule
> fit an earlier period of 'be gov
ernment.
i Immediately upon tue fo. m v iou ot a terri
tory, people from diffefcut States aud irom
foreigu eouu vies rush into ii, for the laudable
; purpose of improving th ir condition. Their
| first duty to themselves is to open and cultivate
. tarui", to cons'r .jt ro. is, to establish school?,
to erect places of religious worship, and to de
| vote their energies generally to reclaim the
; Wiidct'tocij and to lay the foundations cf a
flourishing and prosperous commonwealth. If,
in this incipient condition, with a population of
' a few thuusaud, they should prematurely enter
the Union, they are oppressed by the burdeu of
; State taxation, and the means necessary for the
, improvement of (lie territory and the aUvance
j incut of their own iutcresis, are thus diverted
; to very difiereut purpose'.
Tiie federal govoiuaient lias ever been a
liberal parent to the territories, and a generous
contributor to the useful enterprises of the
early outliers, it has paid the expenses of their
governments aud legislative assemblies out of
. rtie common treasury, and ihus relieved theiu
Irom a heavy charge. Under these circuiti
stauces, noiuing can he better calculated to
retard their material progress, than to divert
them from their uselut employ rncnts, by prema
turely exciting angry political contests mut'iig
themselves, tor ihe benefit of aspiring leaders,
i It is su.tdy no hardship tor embryo governors,
senators, and membursot Congiesv, to wait un
til the number ot inhabitants shall equal tuose
[of a siugio eoogre.-sioiirii district. Tucy surely
ought not to be permitted to rush into the
( Union, with a population less than oue-half of
several of the large counties in the interim of
some oi ihe bute?. i iri-s was the condition of
; Katisas when it tuade application to he admitted
j uudcr tho topeka constitution. Resiues, it
requires some time to render tne Uij-s of a
! population collected iu a new territory, at all
homogeneous, and to uuiie th in ou au> thing
lIAC U fixed poiiey. Establish the rule, and mi
wtiJ look. ioi'tVaru to ii „ijd govern theuiseivss
; accordingly.
j Rut jusitce to the people of the several States
requires that this rule stiouid bo established by
i Congress. Each State is '.ntitled to two stua
: tvirs and at least one representative iu Congress,
i Should tue people of the Stales fail to elect a
\ ice Fresiuout, the power devolves upou the
! Senate to select tins officer from the two high
■ est cauuidalcs cb liis list. In case of the death
jof the Ficsiueut the Vice President, thus
| elected by ihe Senate, becomes President of
. ihe United Stales. Ou ad questions ot iegis
laiiou the senators irom lao smallest Stales of
i the Union have au equal vote with those from
tne largest, lue same may be said in regard
i io the ratification ot treaties, and of Executive
appointments. All this Las worked admirably
' iu practice, whilst it conforms iu priuciple with
the ciisiacier ot a government instituted by
| sovereign States. I presume no Auicricau
j citizens would desire the slightest change iu
the arrangement. Still, is it not unjust and
uuequai to the existing States to invest some
forty oi fifty thousand people, collected iu a
territory, with the attributes of sovereignty,
and place them on an equal footiug with Vir
ginia aud New York in the Senate of tbe United
i States ?
For these reasons 1 earnestly recommend the
! passage of a general act, which shut! provide
| that upon the application of a territorial legis
! inline, declaring their belief that tire territory
' contains a number of inhabitants which, if m a
State, would entitle them to elect a member of
Congress, it shall ba the duty of the President
to cause a census of (he inhabitants to be ta
ken, t i if fcuud sufficient, then, by the terms
of this act, to authorit them to proceed "in
way" to frame a State constitution,
preparatory to admission iut> the Union. I
also recommend that an appropriation may be
ma<w, to enable the President to take a census
of iheqjeople of Kansas.
The present condition of the territory of
Utah, when contrasted with what it was one
year sjJA, is a subject for congratulation, li
was then iu a state of open rebellion, aud c.;st
what it might, the character of the govern
ment required that this rebclion should be sup
pressed, and, the Mormons compelled to yield
obedience to ttic constitution and the laws.—
In Ofdcr to accomplish this o ; jet, as I tut lin
ed you in my last annua! message, I appointed i
a new governor instead of Brigham Young, !
aud other federal officers to take the place ot :
those who, consulting their personal sefeiy, had j
found it necessary to withdraw from the terri
tory. To protect those civil officers, and to aid
them, as a posse comitatus , in the execution of
the laws in ease of ueed,l ordered a deiaeb
meiit of the army to accompany them to Utah.
The necessity of adopting these measures is
now demonstrated.
On, the lath September, 1557, Governor
Young iasued his proclamation, in the style of
an independent sovereign, announcing his pur- [
pone to resist Ly force of arms the entry of the I
United States troops into our own tcuitury of
Utah. By this he required ail the forces iu
the territory to "hold themselves in redmess to <
march at a moment's notice to repel any and ail 1
sueti v.\ssiou,'" and establish martial law from i
its d fie throughout the territory. These pro
ved to be no idle threats. Forts Bridger and
Supply were vacated and burnt down by the
Mormons, to deprive our troops cf a shelter |
aft- r their long and fatiguiug iuireb. Orders ;
were issued by Daniel H. Wei's, styling himself j
"L'eutenaut General, Nauvoo Legion," io 1
6tampcde the animals of the United States !
troops nu their march, to set fir-, to their trains,
to hero the grass and the whole eouutry beforc
tbeia un their flanks, to keep them from j
sleeping by night surprises, and to blockade j
the road by felling trees, and destroying the ,
fords of rivers, &0., &c., & \
Thcsj orders were promptly anu effectually
ub .jed. On the 4:h Oiioncr, 1857, the Mur
uions captured and bunted, ou Greer, river,
three ot our supply trains, consisting of serer.ty
fire wagons, loaded with pre visions and teats
for tbe army, aud carried away several buttered
anim ils. This diminished the supply of pro
visions so materially that General Johnson was
obliged to reduee ration, and, even with this
precaution, ih' re was only sufficient kit to sub
sist the troops until the first cf June.
Our lit*; -.;.jy beL tv.fi a Jmirahiy, ii, their
etica'n: too it a' Fort Bring-i, under these try
ing privations. Iu the mtvist of the mountains
—iu a ureary Uiib.ttleJ, and inhospitable re
gion, more thin a thousand miles from home
they passed the severe and inclement winter
without a murmur. They looked forward with
confidence for relief from their country in due
se>son, ujivi in this they were not disappoint
ed.
Tbe Secretary of War employed all his en
ergies to forward them the necessary supplies,
■■Old to mu9ter and send such -a military force to [
Utah as would render resistance ou the part of
the Mormons hopeless, and thus teriniuate the
war without the effusion ot blood, jtj his ef
forts lie was efficiently susUtnod by Congress.
They granted appropriations sufficient to cover
the deficiency thus necessarily created, und
also provided for raising two regiments of vol
unteers, "for the purpose of queiiiug distur
bances m the territory of Utah, for the pro- .
teoti! u of supply and emigrant Hams, aud the*
suppression ot Indian hostilities ou the Iron
tiers. Happily, there was no occasion to call
these regiments iuto service. If there had
been, I should have felt serious embarrassment
iu selecting them so great was '.lie number of
our brave and patriotic citizens anxious to s.ive j
their country in this di.-t;.nt aud dangerous ex- j
peditioti. Thus it has ever been,and thus unj i: j
ever tie !
Tne wisdom mid economy of semimg sutueieut
reinforcements to Utah are established uot only [
by the event, hut in the opinion of those who, |
from their position and opportunities, are the j
most capable of formiug a correct judgment, j
General Johnston, (hecommander of the forces, |
iti addressing the Secretary ot \\ ar, from Fort j
Bridger, under date of October, 1357, ex- ,
presses the opiuion that "uukss a Urge toroe i
is sent here, from the nature of the country, a j
protracted war on their (the Mormons) part is j
inevitable." This lie considered necessary, to ]
terminate the war "speedily aud more economi
cally than if attempted by insufficient means."
lu the meantime, it was my auxiou9 desire
that tbe Mormons should yield obediance to the
constitution aud the laws, without renJcriug it
necessary to resort to military toroe. Io aid
in accompiisuiug this ohjeet, 1 deemed it ud~
visabie, iu April Usf, to uisputch two dis
tinguished citizens of the United fetato*, Messrs.
Powell and MoCullocb, to Utah, lliey bore
with the in a proclamation, addressed by myself
to the iuhabttauts of Utali, dated on the sixth
day of that month, warning thorn ot their true
ooudition, aud how hopeless it was ou thtb
pait to persist in rebellion against the United
States, and offering all those who should sub
mit to the laws a full pardou for their past
seditions and treasons At the sauia lime, I
assured those who should persist iu rebeiliou
against the United States, that they must ex
pect no further lenity, but look to be rigorous
ly dealt with according to thtir deserts. Ihe
instructions to these agents, as well as a copy
of tho proclamation, and their reports, are
herewith submitted. It will bo seen by their
report of the dd of July last, that they have
fully confirmed the opinion expressed by Gen-
[ eral Johnson in tbe previous October, as to the
! necessity of sendiug reinforcements to Utah.
: In this they state, that they "are firmly iui
; pressed with the belief that the presence of
i the army here and the large additional farce
i that had been ordered to this territory, where
the chief inducements that caused the Mormons
to abandon the idea of resisting the authority
of the United States. A k.s decisive polky
| would probably have resulted iu a long, bloody,
and expensive war.
These gentlemen conducted themseivee to
my eutire satisfaction, and rendered useful ser
vices in executing tbe humane intentions of the
government.
It also affords ir.e great satisfaction to state
that Governor (Juuiiu;ug has preformed his duty
in an able and conciliatory manner, aud with
the happiest effect. 1 cannot, in ilfis con-j
iiexion, retrain tr-un men tinning the valuable:
services of Coi. Thomas L. ivt'ne, who, from
motive? of pure benevolence, and without any
official character or pecuniary compensation,
visited Utah during tlie last inclement winter,
for the purpose of eon'rihutiug to iho pacifi
cation of the territory.
I am happy to inform you that the governor
and other civil officers of Uth are uow per
formiug their appropriate fuuciious without re
sistance. The authority of the constitution
and the laws has been fully restored, and peace
prevails throughout the territory.
A portico of the troops sent to Utah are now
encamped in Cedar V.!iey, forty-four tuiles
southwest of Salt Eake City; and the remain
der have been ordered to Oregon to suppie->s
Indian hostilities.
The march of the aimy to Sab Lake City, j
rurough the Indian territory, has bad u power- j
ful effect in restraining the* Loitile feelings j
against the United States which existed among j
ihe Indians iu that region, and in securing em
igrants to the far west against their depreda
tions. This will also be the means of estab
lisLiug military posts and promoting settle
ments alcng the route.
I recommend that the benefits of our land
laws and pre-emption system ba extended to
the people of Utah, by the establishment of a j
land office in that territory.
I have occasion, a'so, to congratulate you on j
the result cf rur negotiations with China.
You wore informed in my m-t annual mes
sage that our minister had he; instructed to
occupy a neutral position ia tbe hostilities Con
ducted by Great Britain ami France against
Canton. Re was, bo'.vevU, a' the -.me tint",
directed to co-operate cordially who the Bur
is a and French ministers in oil peaceful iners
urc.-i to secure by treaty those just concessions
to foreign commerce which the nations ot' the
world had a right to demaui. It wr.v impossi
ble for tne to proceed further then this on my
own authority, without usurping the war-ma
king power, which, under the constitution, be
longs exclusively to Oo.ngr ss.
Besides, after a careful examination of the
nature and extent of or.r grievances, I did no:
believe they were of such a pressing and ag
gravated cbaracted as would have justified
Congress iti declaring war against the Guicese
empire, without first uiakiog another earnest
attempt to adjust thctu by peaceful negotiation.
I was the more inclined to this opinion, be
cause of the severe chastisement which had
then but recently been inflicted upon the Obi
tiese by our squadron, in the capture and de
struction of the Barrier forts, io avenge an al
leged insult to our flrg.
Tiio event has proved the wisdom of our
neutrality. Our minister has executed his in
structions with eminent skill and ability. In
conjunction with tbe Russian plenipotentiary,
he has peacefully but effectually co-operated
with tbe English aud French plenipotentiaries,
aud each of the lour powers has concluded a
separate treaty with China, of a highly satis
factory character. Ihe treaty coueiuded by
our own plenipotentiary will immediately
be submitted to the Feimte.
I am happy to announce that, tLtough the
energetic, yet conciliatory efforts of our eonsui
geueral in Japan, a new treaty has been con
cluded with that empire, wtiieb may be expect
ed materially to augment our trade and iuer- 1
course m T.at quaiter, and remove from our
countrymen the uisupilities which have hereto- [
fore boon imposed upon the exercise of their
religion. Tue tieaty shall be submitted to the
Senate, for approval, without delay.
1; is my earnest desire that every misunder
standing with tho government of Great Britain
should be amicably and speedily adjusted. It
has been the misfortune of both countries, al
most ever since the period of the revolution, to
have been annoyed by a succession of irrita
ting aud dangerous questious, threatening their
friendly relations. This has partially prevent
ed the full development of those feelings of
mutual friendship between tha people of the
two countries, so uatural in themselves, and so
conducive to their common interest. Any se
rious luterrupliou iu the commerce betweeu tho
United Suites aud Great Britain, would be
equally injurious to both, iu fact, no two na
tious have evci existed on the face of the earth,
which could do each other so much good or so
much harm.
EuterUiuiag these sentiments, I am gratified
to inform you that the long pending controver
sy betweeu the two governments, iu relation to
tne question of visitation and search, has been
amicably adjusted. Tho claim ou the part of
Grea'i liritatu, forcibly to visit American ves
sel" on the high seas iu time of peace, could
uot be sustained under the law of nations, aud
it has been overruled by her most euiiueut ju
rist?. This question was recently brought to
au issue, by (ho repeated acts of British cruis
ers, iu boardiug and searching our meioh-mt
vessels in the Gulf of Mexico and tbe atija
ceut seas. These acts were the more injurious
and annoying, as these waters are traversed by
a large portiou of the commerce and naviga
tion of the United States, and ibeir free and
VOL. 31, NO.
I unrestricted ue is csftoiiti.il to the security of
I the coastwise trade between different States of
I the Union. Such vexatious iuterrnptions could
| uot fail to excite tiic feelings of the country,
and to rfquire the interposition of the govern
ment. Remonstrances were addressed to the
British government against these violations of
our rights of sovereignty, and a naval force
was at the smic time ordeicd to the Cuban wa
ters, with directions "to pio'ect all vessels of
the United .States on the high seas, from search
e>i detention by the vessels of vrar uf ary oth
er Lai ion." These measures received the un
qualified snd even enthusiastic approbation of
the American people. Most foitunatcly, how
ever, no collision took place, and the British
government promptly avowed its recognition of
tiic principles of international iaw upon this
subject, as laid down Ly the government of tho
United States, in the note of lbs Secretary of
3:ate to the British Minister at Washington,
of Aptii 10, 1858, which secure the vessels of
the Uuited Slates upon the high seas fioin vis
itation or search in time of peace, under any
circumstances whatever. The claim baa been
abandoned iu a manner rcfiecting honor on the
British government, aud evincing a just regard
for the law of nations, and cuuuoi faii to
strengthen the amicable relations between the
two countries.
The British government, at tho same time,
proposed to the United States that some mode
nhculi bs adopted by mutual arrangement be
tween the two countries, of a character which
may be found effective, without being offensive,
for verifying ihe nationality of vessels sus
pected, on good grounds, of catryiog false col
ors. They have also invited the United State*
to take the initiative, and propose measures for
this purpose. Whilst declining to assume so
grave a responsibility, the Secretary of State
has informed the British government that we
are ready to receive any proposals which thoy
may feel disposed to offer, having tbis object in
view, and to cousider them ia an amicable spir
i'. A strong opinion is, however, expressed,
that the occasional abuse of the flag of any
nu'.iou is an evil far leas to be deprecated, than
would be tbe establishment of any regulations
which might be incompatible with the freedom
o." the sea 3. This government has yet receiv
ed no communication specifying the manner iu
which the British government would propose to
ca.ry out their suggestion, and lam iuciiued
to believe that no plan which can be devised,
wiii be free from grave embarrassments. Still
I shall form no decided opiuion on the subject,
uo ii I si.aii have earefu'Jy and iu ihs best
spirit examined any proposal which they may
tuiak pioper to uiakc.
lam ttuly sorry I cannot also inform you
ihat the complications between Great Britain
and the Jutted States, arising out of the Clay
ton at. 1 Buhvcr tre-i'v of April, 1850, have
been f; idly adjusted.
At the commencement cf your last session,
I Lad reason to hope that, emancipating them
selves trom further unavailing disoussions, the
two governments Wcuib proceed to settle the
Central American question in a practical man
ner, alike honorable and satisfactory to both;
and this Lope 1 have not yet abandoned, la
my List annual message, 1 stated that overtures
had beeu made Ly toe British government for
this purpose, in a friendly spirit, which 1 cor
uiaiiy reciprocated. Their proposal was to
withdraw these questions from direct negotia
tion between tbe two governments; but to ac
( couipiish the same object by a negotiation be
tween the British government and each of the
Central American republics whose territorial
interests aro immediately involved. The set
tlement \yas to be mMe in accordance with the
geueral tenor of lite interpretation put upou
the Clayton and Buiwer treaty by the Uuited
Btates, with certain modifications. As nego
tiations are stiii pending upou tbis basi-q it
would not be proper for me now to communi
cate their present condition. A final settle
ment ot these questions is greatly to be desi
red, as this would wipe out the last remaining
subject between the two countries.
Our relation with the great empires of France
and Russia, as wcli us with all other govern
ments on the continent of Europe, txeept
th!t of Spain, continue t<? be of the luest
friendly character.
With Spain our relations temain in an un
satisfactory condition. Jti my message of I)e
--cembei last, I iuforuicu you that our envoy ex
traordinary and iniiiistei plenipotentiary to
Madrid bad ssked for bis iccall; and it was my
purpose to send out a new minister to that
court, with special instructions on all ques
tions pending, between the two governments,
and with a determination to have them speedily
and amicably adjusted, if that were possible.
This purpose has been hitherto defeated by
causes which 1 need not enumerate.
The mission to Spaiu bus been intrusted to a
distinguished citizen of Kentucky, who will
proceed to Madrid without delay, and niaka
another and a final attempt to obtain justice
from that government.
Spanish officials, under the wired control of
the Captain General of Cuba, have insulted
our national flag, and, in repeated instauces,
have, from time to time,iufiietod injuries on the
persons and property of our citizens. These
have given birth to uumerous ciaiuu> against
the Spanish government, the merits of which
have been ably discussed for a series of years,
by our successive diplomatic representatives.—
Xotwitbstanding tbis, we have not arrived at a
result in any siugie instance, unless
wo may except the case of tbe Black Warrior,
under the lato administration; and that pre
sented an outrage of such aeharaotcr as would
have justified an immediate resort to war. All
our attempts to obtain redress have been baf
fled and defeated. Tbe frequent ami oft-re
curring changes iu tho Spanish ministry have
been employed as reasons lor doiwy. We have
been compelled to wait again and again, until