BY DAVID OVER.
PHESIDEXTS MESS4UF.
READ IX U. S. SENATE, TUESDA7,DECEM
BER 27T11, 1859.
Feliow citizens of the Houss of Rtprt
st.'.iaticts :
Our deep and bearUelt gratitude is due to that
Almighty Power which has bestowed upon us such
varijd and nuic reus blessings throughout the past
ve.ir. Tli general health of the country has been
• xeeliont; our harvests have been uuusualij plenti
ful, hi. Ip. 'sperity widles throughout tiieltnd. In
deed, ootw'thstui, liag or demerits we have much
reason to bell e i rotu the past eventr in our history
that we iia\o eujoved the protection of Divine Pro
vidence fc ver siuco oar oritrin as a nation. We have
hecu exposed, to many threatening and alarming
difficulties in'our progress; but uu each successive
occasion the impending cloud has b.-> n dissipated
at tiie aiomcii-: it appeared ready to buret upon our
be .d, and the danger to oar institutions has passed
#way. May we ever bo under the Divine guidance
and protection.
Whilst it is the duly of the Presideut -'from time
io time to give to Congress information of the state
of tiic Union," I snail not iofer in detail to the re
cent sad and bloody occurrences at Harper's Ferry.
Still, it is proper to observe that these events,
however bad and cruel in themselves, derive their
chief importance from the apprehension that they
are bat symptoms of an incuraolo disease in the
public mind, which may break out in still more
dangerous outrages, and U muriate at last in an op u
w ir by the North to abolish slavery in the South.—
Whilst for myself I entertain no such apprehension,
they ought to afford a solemn warning to us all to
beware of the approach of dauger.- (Jar Union is
a slake of such inestimable value as to demand our
constant and watchful vigilance for its presesvation.
In this view, let roc implore my countrymen, North
and South, to cultivate tho ancient feelings of mu
tual forbearance and good-will towards each other,
and strive to alhv Mio demon spirit of sectional
hatred and strife now ah ye in the 1 >nd. This ad
vice proceeds from the heart of an old pubiic func
tionary whose service commenced in the last gener
ation, amen, the wise and conservative statesmen
of that day, now uearly all pissed away, ar.d whose
first and dearest earthly wish is to leave his country
traE-juil; prosperous, united and powerful.
jk IV e ought to reflect that in tuis age, and especially
in this country, there is an incessant flux and reflux
of pubiic opinion. Questions which in their day
assumed a most threatening aspect, have now near
ly gone from the memory of men. They are "vol
canoes burnt out, and on tbe la-, a and ashes and
squalid ecoriae ol old eruption* grow the peaceful J
olive, tho cheering vine, and the sustaining corn." i
Such, in my opinion, will prove to bo the tare of'-
the present sectional excitement, should those who j
wisely see!; 10 apply the remedy, continue always to !
C ji.fiae tlieir effort* within the pale of the Constitu- '
tioii. it litis < oi:r. hs p;iisued, the existing -gita-'
tfori on the subject of domestic slavery, like every
thing h-roan, *v : si 1 nve its day and give pi ice to
other and less threatening controversies. Public !
opinion in this country is all powerful, an i when it
reaches i dangerous excess upon any question, the
good sense of ttie people will furnish the corrective
and bring it hack within sate limits. Stin, to hasten
ihis suspicious result, at the present crisi-, we ought ;
to remember tnat every rational creatur a must he j
presumed to intend the natural cousequeuaes of
his owa teachings. Those who announce absti xet t
doetno'-s subversive of the ConstifUiou and 'lie
Union, must uot be surprise i should their heated j
partisans advance oue step further," and attempt by ;
v.uiencc to carry these doctrines into practical elf ct. .
1.1 this view ol tne subject it ought never to be for
gotti n that, however great may have !>een the '
political advantages resulting frui the Union to
every portion of our common country, these would :
. i! prove to be as nothing should the rime ever ar- j
rive when they canuo'. Le enjoyed without si r:jits
danger to the personal safety of the people of fif- i
t in members o! thecoulederacy. It tile peace.f
the domestic tireside throughout these States should
over be invaded—il the mothers of families within :
itii extensive region should not be able to ret to to
rest at night without suffering dreadful apprehen
tionn of what may be their own '.ate and that ef
their shiidrtn beioruthe morning—it would bo vain
to recount to such a people the politic d benefits'
whici result to them from tho Union. Sell-preser
vation is the first instinct of nature ; and therefore
my siaie. of society in which the sword is a;l the
time suspended uvn the binds of the people, must
at *st become intolerable, but 1 indulge in no
such gloomy forebodings. On the contrary I firmly ■
believe that the events at iluiper's Feiry, by caus
ing the people to j iu.*o aud re-tLet upon the possible
peril to their cheri-.hed iustitutions. will be the
means, under providence, of allaying the
exeiteai..-nt and preventing future outbreak* ti 4 ,
similar character. They wili tesf'lve that the Con- j
siituliou and the Union shall not he enuaugcrcd by !
rash counsels, knowing that, si.ould the '-silver ;
cord be loosed or tl.e golden bowl be broken * *
t the fountain," human power could never reunite j
the scattered aud hostile fragments.
I cordialiy cougritulatc you upon the final settle- j
men by the supreme Cm.: t of the Unite i ijtates of j
i. c question of slavery in the Territories, which I
bad presented aa xopcct so truly formidable at the j
commencement of toy administration. The right j
iu.s been established of every citizen to take his j
property of any kind, including slaves, into the |
common Territories belonging equally to all States j
of tbe Confederacy, and to iiaveit protected tberc I
Mi lcr the Federal Constitution. Neither Congress |
nor a territorial legislature nor any human power!
has any authority to annul or impair tills vested j
The supreme judicial tribute-.', of the couu- j
ty, which is a co-ordinate bench of the Govern- !
aent, lis.- sanctioned end aliirmed these principles j
o: < ucstitutiuoul loW, so manifestly just in thorn-j
s.-iv.-s, ; mi „o well calculated to produce peace and
harmony among the States. It is a striking proof
of the sense of justice which is inherent in our peo
ple, that ibe jToperty in slaves has never been un
iHTbCd, to hiy knowledge, In .ant of the Territories.
F.veu throughout tbe late troubles iu Kansas there
has not been any attempt, as I am ere libly Inform
ed, to interfere, in a single instance, with the right
of the master. 11*4 *y suaJi attempt been made,
the judiciary wouid doubtless have afforded an j
-dequate remedy, should they fail to do this
ben-after, it will'thcn us time enough to strengthen
their hands by further legislation. Had it been de
tded that either Congress or the territorial iogisla
l.ture possus the power to annul or impair the
right to property in slaves, the evil would be intol
erable. In the latter event, there would be a strug
n'c tor a majority of the numbers oi the legislature :
at each successive election, and the sacred rights !
f pia'perty held under toe Federal Constitution
wuj,d depend for the time being on tbe result. —
Th .'agitation would thus be rendered incessant
whilst the territories condition remained, and iU
tar tfuj influence would keep alive a dangerous ex
citement among tbo people ol the several States.
Thus has the status at a Territory, during the in
le.-Mbdh'tc period from its first settlement until it
shall become b State, been irrevocably fixed by the
final decision ot tne Supreme Court. Fortunate'
has this bets for tbe prosperity ol the Territories, :
a'' wcii us iia, tranquility of the States Now, J
■ir.,grants fr-m the Noitii and the South, tbe East:
the VY,t, will fi'coti.i tbo Territories on a com •
men pi .tfarm, 1) ivir.g brought with them mat j
■>• ies of ptoji..... cc-r- adapted, in tha,r own
opinion t.. u-ot. il.cir woitare. From n.iluial
couscsfhe .'a-. • question will in each case scoti '
virtually >vi c i:.en; and before the Territory is j
prop.Vuo p,r ri. n as a State into ti„ Union '
A Woc'aly Paper, Devoted to Literature, Politics, the Arts, Sciences, Agriculture, &c., &c—Terras: One Dollar and Fifty Cents in Advance.
this decision, one way or the other, will have been
a foregone conclusion. Meanwhile the settlement
of the new Territory will proceed without serious
interruption, and its progress and prosperity will
not be endangered or retarded by violent political
struggles.
When in the progress of events the inhabitants of
any Territory shall have reached tho number re
quired to form a State, they will then proceed, in a
regular manner, ami in tho exercise of the rights of
thu popular sovereignty, to form a constitution
preparatory to admission into the Union. After
this lias been done, to employ the language of the
Kansas and Nebraska act, they "shall be received
into the Union with or without slavery, as th.-ir
constitution may prescribe at the time of their ad
mission." This sound principle lias happily been
recognised, in some form or other, by an almost
unanimous vote of both Houses of the last Con
gress.
All lawful means at my command have been em
ployed, and shall continue to be employed, to exe
cute the laws against the African slave trade .Af
ter a most careful and rigorous examination of our
coasts and a thorough investigation of the subject,,
we have not lteen able to discover that any slaves
have bi-en imported into the United States except
the cargo by the Wanderer, immtiering between
three and four hundred. Those engaged in this
unlawful enterprise have been rigorously prosecu
ted ; but not with as mush success as their crimes
have deserved. A number of theni are still under
prosecution.
Our history proves that the Fathers of the Re
public, in advance of all others nations, condemned
tho African slave trade. It w is, notwithstanding,
deemed expedient by the Cramers of the Constitu
tution to deprive Congress of the power to prohib
it '-the migration or importation of such persons
as any of the States now existing shall think piop
er to admit" "prior to the year ouo thousand
eight hundred and eight."
Ii will be s en that this restriction on tha power
of Congress was confined to such States only as
might think propel to admit the importation of
stares. It did not extend to other States or to
the trade carried oa abroad. Accordingly, wo Had
that so early as the 22 J March, 1791, Congress pas
sed an act imposing severe penalties and punish
meats upon citizens and residents of the United
States who should engig) in this trade between
foreign uatious. The provisions of this act were
extended and culorced by the act of 10th May,
1800.
Again: The States themselves had a clear right
to waive the constitutional privilege intended for
their benefit, and to prohibit, by their own laws,
this trade at any time they thought proper previous
to 1808. Several of tuenj exercised rhis right be
fore '.hat period, and among them some couiaiuing
the greatest number of slaves. This gave to Con
gress the immediate power to act in regard to ail
such Swvtes, because they themselves had removed
tbe constitutions! barrier- Congress accordingly
passed an act on fibth February, 1808, '-to prevent
'he importation of certain persons into certain
States where, by the laws thereof, their admission
is prohibited." Jn this manner the importation ol
African slaves into the United States was, to a
great i stent, prohibited some years in advance of
ibos.
As the year !80S appro iched, Congress doter
uiiuc l not to buffer tb:s trade to exist even tor a
single day after they had the power to abolish it-
On tbe fi lof March, I*o7, they passed aa act to
take, eftlct "from and after the Ist day of January,
1808," prohibiting the importation nf African
slaves into the Uni'e.f States. 'This was followed
by subsequent acts of a similar character, to which
I need not specially r-ter. Such wore the princi
ples an 1 such the practice of our ancestors, more
than fifty years ago i in regard to the African slave
trade.
It did not occur to the revered patriots who had
been delegates to the Convention, and afterwards
became tin rubers of Cot gross, that iu passing these
laws they had violated the Constitution which they
had framed with so much care aud deliberation.—
They supposed that to prohibit Congress, in •x
--press terms, from exercising a rpecifie power be
fore an appointed day, necessarily involved tho
right to exercise this power after that day hid ar
rived.
It this were not the cue, the Trainers oi the Con
stitution Lad expended much labor iu vain. Had
they imagined that Congress would possess no pow
er to prohibit tne trade either before or after 1808,
they would not have taken so much earo to protect
the States against the exercise of this power before
that period. N-ay, more, they wouid not have at
tached such vast importance to this provision as to
have excluded it from the possibility of future re
peal or amendment, to which other p >rtions of the
Cousti utioa were exposed. It wouli, then, have
been wholly unnecessary to engraft on the fifth ar
ticle of the Constitution, prescribing the mode ot
its own future amendment, the proviso, "that, no
no amendment which may he made prior to the
year otic thousand eight hundred aud eight £hall in
any manner affect" the provision in the Conslitu
tiou securing to tho States the right to admit the
importation of African Slaves previous to that pe
riod.
According to the adverse co istrxctjcn, the
clause itself, on which so much care and discussion
ha.l bc.n employed oy tho members of the Conven
tion, was an absolute necessity from the beginning,
and ail that has since been done under it a mere
usurp it ion.
It was well and wise to confer this power on
Congress; because, bad it been left to the States,
its efficient exercise wou.d have been impossible.—
In that any one State could have effectually con
tinued the trade tret only for itself but foi all the
Other slave States, though nev*r so much against
their Will. And why/ Because African slaves
wiiun once brought within the limits of any one
State, in accordance with its laws, cannot practical
ly be excluded from any other State where slavery
exists. And even if all tho States had separately
passed laws prohibiting the importation of slaves,
these iaws would have tailed of effect lor wr.nt ot a
naVal force to capture tne slavers and to guard the
coasts. Such a force no State can employ in time
of peace without the consent ol Congress.
These acts >f Congress, it is oeiieved, have,
with very rare and muignificaut exceptions, ac
complished toeir purpose. For a period of more
than half a century there baa been uo perceptible
addition to the number oi our domestic slaves. —
During this period their advancement ia civiliza
tion has far surpassed that of any other portion ol
the African race. The light and the blessings of
Christianity have been extended-to them, and Uotn
their moral and physical condition has been greatly
improved.
licopen the trade, and it would bo difficult to de
termine whether the effect would be more deleteri
ous on tbe interests of the master or on those of
tne native born clave. Of the evils to the m ister,
the one most to be dreaded would be the introduc
tion of wild, heathen and ignorant barbarians aoiuiig
the sober, orderly and quiet slaves, whose ances
tors have been on the soil for several generations.
This might tend to tairbarize, demoralize, and exas
perate the whole mass, and produce most deplora
hlu consequences.
The elio-i u[Kn tho existing sldVo wouid, tf pos
sible, be still more deplorable. At present nc is
treated with kindness aud humanity. He is well
fed, well clothed, and not overworked. ii;i cor.-
oition is incomparably better than thai of the cool
ies, which modern nations ot high civilization ha'.',
employed ns a substitute for African slaves. Both
the phiiantlirophy and the self interest ot the mas
ter have combined to produce this bnutano rcsul— -
BEDFORD, PA.. FRIDAY, JANUARY C, 1860
[ Bullet thistrado bsreopened,and what will be the |
effect? The same, to a considerable extent, 6* on j
a neighboring island—the ouly spot now on earth
where the African slave trade is openly tolerated;
and this in defiance of solemn treaties with a power
abundantly abundantly able at auy moment to en
force their execution. Theie the master, intent j
upon present gain, extorts from the slave as much |
labor as his physical powers are capable ol" enduring !
—knowing that, Whoa death comes to his relit f,
his place can bo supplied at a price reduced to the '
lowest point by the competition of rival African j
slivc traders. Should this ever be the case in our
country—which I do not deem possible—the pres
ent useful character of the domestic institution,
wherein those too old and too youug to work are
provided for with c.ire ami humanity, and those ca
pable of 1 tbor are not overtasked, would undergo
•an unfortunate change. The feeling of reciprocal
dependence and attachment which now exist be
tween master and slave, would be converted into
mutuu! distrust and hostility.
Hut we ate obliged, as a Christian and mor
al nation, to consider what would be the effect i
upon unhappy Africa itself, if we bhouU re
open the slave trade. This would give the
trade ao impulse and extension, which it has
never had even in its palmiest days. The nu
merous viciims required to supply it would
convert the whole slnvo coast into a perfect
Pdndeiuomium, for which this couutry would
be held responsible in the eyes _of both God
and man. Its petty tribes would then be con
stantly engaged in predatory wars against each
other for the purpose of seizing slaves to sap
ply the American market. All hopes of Afri
cou civilization would thus be ended.
Ori the other baud, when a market for Af
rican slaves shall no louger bo furnished in
Cuba, and thus all tbe World be closed against
this trade, we may then indulge a reasonable
hope for the gradual improvement of Africa.
Tuo chief motive of war among the, tribes
will cease wbeccver there is no longer any de
mand for slaves. The resources of that fer
tile but miserable QbUfl'ry might then be de
veloped by the haud of industry and afford
subjects for legitimate forei'u ami domestic
commerce, lu this manner Uhristi-nity ami
civilization may gradually penetrate the ex*
Istiug gIiKIU
TUs wisdom of the course pursued bj this
Government towards China has benu vindicated
by the event. Whilst wo sustained a neutral
position iu the war waged by Great Britain and
France against the Chinese empire, our late
minister, tu obedience to Ins instructions, ju
diciously co-operated with the ministers ot
tLo e powois iu all peaceful uitusures to se
cure by treaty the just concessions demanded
by the interests oi foreign commerce. The
re-suit is that satiifastory treaties have been
coueluded with Cbiua oy the respective minis
ters of the United tiiatos, Gteat Britain,
France and Russia. Our '-treaty, or general
convention of peace, amity, and commerce,"
with that empire was uouciuucd at Tieutriu ou
tbe 13th .Juue, 1308, and was ratified by the
President, by and with the advice and conseut
of the Senate, ou tne2it Deo®mber following.
On the loth Decernuoi, 1853, John K Ward,
distinguished citiz n of Georgia, Was duty
commissioned iia Envoy Extraordinary and
Minister Pleuipoteiiitaty to GLtoa. lie left
rbe United States for the place of his destina
tion on the sth of February, 1859, bearing
wiih liiui ibc ratified copy ot this treaty, and
arrived at Shanghai ou the '2Bth May. ifiom
thence ho proceeded to Peking on the it>th
June, hut tiid not arrive in that city uuti! the
27ib July. According to the terms of the
ticary the ratifications were to be exchanged
on or before the 18th Juue, 1859. This was
reudered impossible by reasons aud events be
yond his control, not necessary to detail; but
still it is due to the Chiueso autuormes at
Shanghai to staio that tney always assured
hiui that no advantage should be ot the
delay, and this pledge has been faithfully re
deemed.
MB the arrival of Mr. Ward at Poking, he
icqucstcd an au.iieueo of the Emperor, to pre
seut his letter of credence. This he did no:
ohiain, in cousc-queuoc of his very proper ro
fusal lb submit t.i she bumilutiug cereuiQuie?
required by the etiquette of this straugc peo
ple iu approaching ihcir sovereign. Novo. the
less, the interviews on this question wero con
ducted in tbe most Irieudly spirit, ana with all
due regard to Lis personal feelings and the
honor of his country. When a presentation to
his Majesty was found to be impossible, the
letter of credence from the President was re
ceived with p irtieular houjrs by Kwciiia.ig,
'•the Emperor's Prime Minister, and the second
than iu tue Empire to the Emperor himself."
The ratifications of the treaty were afterwards,
ou the 16th of August, exchanged in proper
form atPei-isang. As the exchange tiid not
taae place until .net the day prescribed by
the treaty, it is deemed proper, before its pub
lication, again to submit it to tue Beuate.
It is but simple justice to the Chinese au
thorities to observe, U>at throughout the whole
transactinn, they appear to hve acted in good
faith, and iu a friendly spirit towards the Uni
ted States. It is true this has been done after
their own peeuliar fashion; but ws ought l
regard with a leuicu* eye the ancient customs
of &u empire dating oack for thousauds ot
years, so far as (his uny bo cousisteut with ou
own national borer. Tnc conduct of our uiii
ister ou tl. occasion has received my entue
approbation.
It order to carry out the spirit of this tieaiy
and to give it full etfict, it became ueoessafy
to couclu-io two supplemental conventions —
the one for tho adjustment <wd satisfaction of
tiro olaiurs of our citizens, aud tho other to fix
1 the tariff oh imports and exports, and to reg
uloto the transit duties and trade of our mer
chant* with China. This duty was satisfacto
rily pertoruied by our late minister. These
eouveulions brer date at ivhaDgbat on the Bth
November, 1858. iia- ing bocu cuusiuonu iu
tnc light of binding agr■cnicnts subsidiary to
aha principal treaty, and to be OJiiiei inn ex
• ecution without delay, they do not provide for
1 any formal ratification or exchange of rttttica-
i rions by the contracting parties. This was not
| deemed neoessary by the tJhioese, who are al
; ready proceeding in good faith to eaiisfy the
I claims cf our oitizeus, and, it is hoped, to car
ry out tho otbei provisions of the Conventions.
Still I thought it wis proper to submit them to
the i-eusto, by which iboy were ratified on tho
31 of March, 1859. The racitied copies, how
ever, did Dot reach Shanghai until after the de
parture of our Minister to Pekin, and these
Conventions could not, therefore, be exchang
ed at the saiuc time with tuo principal treaty,
itfo doubt is entertained that they will be rati
fied and exchanged by the Chineso Government,
should this bo thought advisable; hut, under
the circumstances presented, 1 shall cousider
them binding engagements trom their date on
both parties, aud cause them to be published
as such (or tho information and guidance of
our merchants trading with tho Chinese Em
pire,
It affords mo much satisfaction to iuform you
that all difficulties with the Republic of Paia
guay have been satisfactorily adjusted. It
happily did not become necessary to employ
tho force for this purpose which Congress had
placed at my command under their joint reso
lution of 2d June, 1858. On the contrary,
the President, of that Republic, in a ft'tendiy
spirit, acceded promptly to tho just and reasun
ablo demauds of tho Government of the U.
States Oar Commissioner arrived at Assump
tion, the capita! of the Republic, on the 25th
of January, 1859, anJ left it on ib j 17th of
February, having in three weeks ably and suo
sessfuliy acouipushcd all the objects of his
mission. Tho treaties which he ba concluded
will be immediately submitted to the Senate.
in the vie* that the employment of otuer
lhau peaceful means might become necessary
to obtain '-just satisfaction" frutu Paraguay, a
strong uaval force was concentrated iu tbo wa
ters of the Li Plata to await ooutingouoes,
whilst our oootumsiQaei - aaccudcd tbc river to
Assumption. The Navy Department is.ntitled
to great credit for tho promptness, etficieucy,
and ecooury with which this cspeJitiuo was
fitt'-d out and conducted. It consisted of
uincteea armed vessels, great an i small, carry
ing 200 guns and 2,500 urea, all under the
conynaiid ot the veteran and gallant ttuubrick.
fsc entire expenses of the expedition have
been defrayed out of the ordinary appropria- j
(tons for the uaval service, exeept the sum of I
§289,000, applied to the purchase of seveu of
the stauters, constituting a part of it, under '
the authority of the naval appropriation act of j
the 3d March iast. It is believed that these i
stcaiums are worth more ibau their cost, and I
they are all now usefully and actively employed j
iu Ute naval service.
The appear-mce of so large a force, fitted out
in such a prompt manner, iu the far distant wa
ters of the La Pia.a, ami the admirable eou
duet of the officers ami men employed in it,
Lave had a happy effect in favor of our coun
try throughout ail that remote portiou of the
world.
Out relations with the great empires of if ranee
aud Russia, as weil as with all other govern
ments on the oontineucof Europe, uuless we
may ex<ept that of dpaiu, happily continue to
he of the most friendly character.
In my last annual message J presented a state
ment of the unsatisfactory oondiuou of our re
lations with Spain; and 1 regret to say that this
hs not materially improved. Without special
refercuco to other claims, oven the "Cuban
claims," the payment of which Las been ally
urged by our monsters aud iu which more than
a hundred of our citizens arc directly interest
ed, remain uusatisficd, notwithstanding both
ihek justice aud th' ir amount (§128,635 ;>*)
had been recoguiz-jd and ascertained by the
Spaniih government itself.
i agaiu recommend that an appropria'ion be
made "to he paid to the Spanish government
for the purposo of distiibutiou among the cfai
lUlO'S in the Awistad case.*' In commou with
two Oi' my pfoueoossors, I eutertain no doubt
(hit this is required by our treaty with Spaiu
of the 27th October, 1790. Tbv failure to
discharge this obligation has been employ ed by
t!;a Cabinet of Madrid as a reason against the
settlement of our claims.
1 ueed not repeat the arguments which I
urged in ny last auuuai message in favor of
tho acquisition of Cuba by fair purchase. My
opinions of that measure remain unohaugod.
1, therefore, agaiu iuvitc the serous attention
of Congress to this important subject. With
out a recognition of this policy on their part,
it will be almost impossible to institute negoti
ations with any reasonable prospect of suc
cess.
Until-H recent period there was good reason
to belicvo that I should be able to announce to
you on the present occasion that our difficulties
with Great Britain, arising out of the Clayton
and iiuiwer treaty, had been fiually adjusted in
a manner alike honorable and satisfactory to
both parties. From causes, however, whiok the
British Government had not anticipated, they
have not yet completed treaty arrangements with
the republics of liouduras and Nicaragua, in
pursuance of the understanding between the two
governments. It is, nevertheless, coufidently
expected that this guod work will ere long be
accomplished.
Whilst indulging the hope that no other sub
ject remained which could disturb the good un
derstanding between too twocountries, the ques
tion arisiug out of the adverse cuiui-t ot the j ar
tier' to tho Island of San Juan, under the <>e
gou treaty of the 15ih of JODO, 1846, sudden
ly assumed a threatening prominence. In or
der 10 prevent uuforcuuaie collision on that re
mote frontier, tho late Secretary of State, on
the 17r!i July, 1855, addiessed a note to Mr.
Orampton, then British minister at Washington,
communicating to him a oopy of the instr notions
übich he [Mr. Maroy] bad given, on the 14th
July ; to Gov. Stevcna, of Washington Tcr.i
to.y, having a spe.-iul reference to an ",rpre
tended QooHicr betwoen car oititcoa and the
British subjects on tlio island of San Juan."—
To prevent this, tbe Governor was instructed
"that the officers of tbe Territory should ab
stain from all acts on the disputed grounds
which are calculated to provoke cy conflicts,
so far as it can be dooe without implying the
concession to tho authorities of Great Britain
of an oxolussve right over the premises. The
title ought to be settled beforo either party
should attempt to exclude the other by force,
or exercise complete and exclusive sovereign
rights within tbe fairly disputed limits."
In acknowledging the recoipt on the next day
of Mr. Marcy's note, the British Minister ex
pressed his eutire concurrence 'Mn the proprie
ty of the course recommended to the Governor
of Washington Territory by your (Mr. Marcy's)
instructions to tbat officer," and stating that he
had Host no time in transmitting a copy of that
document to the Governer General of British
North America," and had "earnestly recom
meuded to bis Excellency to take such measures
as to hitu may appear beat calculated to Secure, j
on the part of the British local authorities and
tho inhabitants of the neighborhood of the line I
in question, the exercise of the same spirit of
forbearance which is inculcated by you (Mr.
Marcy) ou the authorities and citizens of the
United States."
Thos matters remained upon ll*e fau' u of th; 3
urrnngauieut until the nth July last, when Gen.
Harney paid a visit to tbe Island. He found
upon it twenty-five American residents with
their families, and also an establishment of the
Hudson's Hay Company for the purposeot rais
ing sheep. A short uu>e before bis arrival one
of these residents had shot an annua! belong
ing to the company, wbi.st trespassing upon his
premises, for which, however, be ordered to pay
twice its value; but that was refuted. Soon
alter the "chief factor of the company at Victo
ria, Mr. Hajlcs, son-ia-law cf Gov. Douglas,
came to the Island in the Hri'.ish aloop-of-war
Satellite, and threatened to take -'this Ameri
can ,Mr. Cutler) by foro3 to Victoria, !o answer
for the trespass he had committed. The Amer
ican seized Lis lifle and told >lr. Dalles if any
►uob attempt was marie he would kii! him ou
'he spot. The affair theu ended."
Under these circumstances, the American
settlers presented * petition to. tha General,
' through the United States Inspector of Cus
toms, Mr. iiuobs, to place a force upon the is-*
laud to protect mem trow the Indians as well
as the oppressive interference of the authorities
of tho Hudson Hay Company at Victoria with
their rights as Auiericau citizens." The Gen
eral immediately responded to ibis petition, and
ordered Capt. George E. Pickett, Ninth Infan
try, "to establish his company ou Hellevue or
San Juau Island, on some suitable position near
tins harbor, at the southeastern extremity."
This order was promptly obeyed, and a military
post was established at tbe place designated.
The force was afterwards increased so that by
the fast return the whole number of troops then
on the island amounted, in tbe aggregate, to
691 men.
Whilst 1 do not deem :t proper on the pres
ent occasion to go further into the subject, aud
discuss the weight which ought to be attached
to the statements of the British colonial au
thorities, coutestiug the accuracy of the infor
mal ion on whicli the gallant General acted it
was due to him that 1 should thus present his
own reasons for issuing The order to Capt. Pick
ett. From these it is quite clear his object w.s
to prevent the Briiish authorities on Vancouver's
island from exercising jurisdiction over Amer
ican residents on the Island of San Juan, as
well as to protect them against the incursions of
the Indians.
Much excitement provailoJ for some timo
throughout that region, and serious danger of
collision betweeu the parties Wat apprehended.
The British bad a Inrgo naval force iu the vi
cinity; and it is but au act of simple justice to
the Admiral on that station to state that he
wisely aud discreetly forbore to commit any hos
tile act, but determined to refer the whole af
fair to his Government aud await their instrus
r iOQ3.
This aspect of the matter, iu toy opinion, de
manded serious attention. It would have been
a great calamity for both nations had they been
precipitated into ac's of hostility uot on the
question of title to the island, bat merely con
cerning what should be its erudition during the
intervening period whilst the two governmenis
might be employed iu settling the question to
which of them it beloags. For this reason Lieu
tenant Gcueral Scott was despatched on the 17tb
September last to Washington Territory to tako
immediate command of the U. St ates forces on
the Pacific coast should he deem this necessary.
Tbo main object of his mission was to carry out
the spirit of the precautionary arrangement be
tween the la'o Secretary of State and tho Brit
ish ministers, and thus to preserve the peace
snd prevent collision betweeo the British and
American authorities pending the negotiations
between the two governments. Entertui; i guo
doubt of the validity of our title, 1 need scarce
ly add that, in any event, American citizens
were to be placed on a footing at least as favor
able as that of British subjects, it being under
stood that Capt. Pickett's company should re
main OD the Island. It is proper to observe
tuat, considering the distance from the scene
of action, and :n ignorance of what might have
transpired on the spot before tbo General's ar
rival, it was uecesaiy tc leave muoh to bis dis
cretion, and I am happy to state the event has
proven that this discretion could not have been
intrusted lo more competent hands. Geu. Scott
has recently returned from bis missioo, baring
successfully accomplished its objects, aud thcro
is no longer any good reason to apprehend a
collision betweeu the forces of the two coun
tries during the pendency of tbcoxistiag nego
tiations.
1 regret to inform you t'ust there Las br<c no
improvement in the affrirs of iMexico since my
last annual message, and 1 am again obliged to
VOL. 33. NO. 2.
ask the earnest attention of Congress to tie un
happy condition of that Republic.
The constituent Congress of Mexico, which
adjourned en the 17'-h of February, 1857 adopt
ed a Constitution aod provided for a popular
election. This took place in the following July
(1857,) and Gen. Coinonfort was chosen Presi
dent, almost without opposition. At the same
election a uew Congress was chosen whose first
session commenced cn the 16th of September,
(1857 ) By the Constitution of 1857 the pres
idential term was to begin on the first of Do
cembcr, (1857,) and continue for four years.
Ou that day Gen. Coinonfort appeared before
the assembled Congress in the city of Mexico,
tock the oath to support the new Constitution,
aod was duly inaugurated as President. With
in a month afterwards he had been driven from
(be Capitol, aud a military rebellion bad as
signed the supreme power of tho Republic to
Gen. Zuloaga. The Constitution provided t* it
in the absence ot the Presideut his office should
| devolve upon the Chief Justico of the Supremo
| Court,and. Gen. Conicnfort having lefuhecoun-
I try this functionary, Gen. Juarez, proceed to
i form at Guanajuato, a constitutional govern
i merit. Before this was officially known, how
! over, at the capitoi, tho government of Zuloaga
i bad been reroguizod by the entire diplomatic
| corps, including the minister of the U. States,
as the dt facto government of Mexico. The
Pie.sident, nevertheless, main
tained his position with firmness, and was soon
; established with his cabinet at Vera Crut.—
| Meanwhile, the government of Zuloaga was
I earnestly resisted in many parts of the repub
l lie, and even iu tie capital, a portion of tho
army having pronounced against it, its functions
i were declared terminated, and BQ assembly of
I citizens was iimted for tho choice of a new
I President. This assembly elected Geo. Mira
| mon, but that officer repudiated the plan under
which he was chosen, and Zuloaga was thus ro
j stored to uis previous position. He assumed it,
however, only to withdraw from it, and Mira
mon, having become, by Lis appointment, ♦Pres
ident Substitute,' oontinues, with that title, at
the head of the insurgent party.
in my last annua! message I communicated
to Congress tho circumstances uudcr which tho
late Minister of the United States suspended
his official relations with the ccntrai govern
ment, and withdrew from the country. It wax
iuipo.-sible to maintain friendly intercourse with
a government like that at tho capiat, under
whose usurped authority wrongs were eouatantly
committed, but never redressed. Had this
beeu au established government, with its power
extending, by the consent ot tne people, over
the whole of Mexico, a resort to hostilities
against it would have bceu quite justifiable,
aod indeed nccasary. But the country was a
prey to cival war ; and it was hoped that the
success of the constitutional President migbt
lead to a condition of things less injurious to
the Uuitoi States. This success became so
probable that, in Junitary last, i employed a
reliable sgent to visit Mexico, and report to
me the actual condition and prospects of the
contending parties. In consequence of bis re
port, and from information which reached me
from other sourocs, favorable to the prospect*
of the constitutional cause, 1 felt justified ID
appointing a new minister to Mexico, who
might embrace the earliest suitable opportunity
of restoring our diplomatic relations with that
republic. For this purpose a distinguished
citizen of Maryland was selected, who pro
ceeded on his mission ou the Btb cf March
last, with discretionary authority to recognize
the government of President Juarez, if on hie
arrival iu Mexico he should fiud it entitled to
such recognition, according to the established
practice of tbe United States. OD the 7th of
April following, Mr. McLane presented bis
credentials to President Juarez, having no
hesitation 4t in pronouncing tbe government of
Juarez to be the oDly existing government of
the Republic." He was cordially received by
the authorities at Vera Cruz, and they h*ve
ever s.nee mauifestvd tbv most friendly dispo
"iUQtt rOWards the United States. Unhappily,
however, the constitutional government has not
beeu able to establish its power over the whole'
repubiio. It is supported by a large majority
of the people and the States, but tberc are
important parts of the country where it can
enforce no obedience. Geuctal Miramon main
tains himself at tbe ospital, and in some of
tbe distant proviuces there are military gover
nors, who pay little respect to decrees of eith
er government. In the mean time tbe excesses
which always attend upon civil war in Mexico
are constantly recurring. Outrages of the
worst description are committed both upon per
sons and property. There is scarcely any form
of injury wbiob has not been suffered t>y our
citizens iu Mexico during the last few year*'
We have been nominally at peaco with that re
public, but '♦so far as the interests of our com
merce or of cur oitizeoe who hare visited the
country as merchants, sbiptu isters, or in other
capacities, are concerned, we migbt os well
have beeu at w>r. ' Life has bceu insecure,
property unprotected, and trade impossible, ex
cept at a risk of loss which prudent men oau
not be expected to incur. Important contract*,
involving largo expenditures, entered into by
the central government, have been set at de
fiance by the local governments. Peaceful
America., residents, occupying their rightful
possession?, have beeu suddenly expelled tho
country ia defianeo of treaties, ana by the more
force of arbitrary power. Even the course of
justice has not Lf'ii safe from comrul, and a
recent degteo of Miratuon pertui's the intervtn
tion <>l Government in all suits where either
party is a foreigner. Vessels of iLe United
States have been seized without law, and aeon*
auUr officers who protested agautxt saofi seizure
baa been Sued and imprisoned for disrespot to
the authorities. Military contribution* have
been levied in violation of every principle of
right, and the American wbo resisted tbe law
less demand uau hd bis property forcibly tbfcot