President's Message.
Fellow-Citizens of the Senate and House of
Representatives.
When we compare the condition of the
Country at the present day with what it was
one year ago, at the meeting of Congress, we
have much reason for gratitude to that Al
mighty Providence, which has never failed
to interpose for our relief, at the most critical
periods of our history. One year ago, the
sectional strife between the North and the
South on the dangerous subject of slavery,
had again become so intense as to threaten
the peace and perpetuity of the confederacy.
The application for the admission of Kansas
tva a State into the Union, fostered this un
happy agitation, and brought the whole sub
ject once more before Congress: It was the
desire of every patriot that such measures of
legislation might be adopted, as would re
tnove the excitement from the States, and
tontine it to the Territory where it legiti
inately belonged. Much has been done, lam
happy to say, towards the accomplishment of
this object, during the last session of Con
gress.
The Supreme Court of the United States
had previously decided, that all American
citizens have an equal right to take into the
territories, whatever is held as property un
der the laws of any of the States, and to hold
such property there under the guardianship
'of the federal constitution, so long as the ter
ritorial condition shall remain.
This is now a well-established position, and
the proceedings of the last session were alone
wanting to give it practical effect. The prin
biple has been recognised, in some form or
other, by an almost unanimous vote of both
houses of Congress, that a Territory has a
right to come into the Union either as a free
or a slave State, according to the will of a
majority of its people. The just equality of
all the States has thus been vindicated, and
a fruitful source of dangerous dissension
among them has been removed.
Whilst such has been the beneficial ten
dency of your legislative proceedings outside
of Kansas, their influence has nowhere been
so happy as within that Territory itself.
Left to manage and control its own affairs in
its own way, without the pressure of exter
nal influence, the revolutionary Topeka or
ganization and all resistance to the territori
al government established by Congress, have
been finally abandoned. As a natural con
sequence, that fine Territory now appears to
be tranquil and prosperous, and is attracting
increasing thousands of immigrants to make
it their happy home.
The past unfortunate experience of Kan
sas has enforced the lesson so often already
taught, that resistance to lawful authority,
under our form of government, cannot fail in
the end to prove disastrous to its authors.
Had the people of -the Territory yielded obe
dience to the laws enacted by their legisla
ture, it would at the present moment have
contained a large additional population of
industrious and enterprising citizens, who
have been deterred from entering its borders
by the existence of civil strife and organized
rebellion.
It was the resistance to rightful authority
and the persevering attempts to establish a
revolutionary government under the Topeka
constitution, which caused the people of Kan
sas to commit the grave error of refusing to
vote for delegates to the convention to frame
a constitution, under a law not denied to be
fair and just in its provisions. This refusal
to vote has been the prolific source of all the
evils which have followed. In their hostility
to the territorial government, they disregar
ded the principle, absolutely essential to the
working of our form of government, that a
majority of those who vote—not the majori
ty who may remain at home, from whatever
cause—must decide the result of an election.
For this reason, seeking to take advantage of
their own error, they denied the authority of
the convention thus elected to frame a consti
tution.
The convention, notwithstanding, proceeded
to adopt a constitution unexceptionable in its
general features, and providing for the sub
mission of the slavery question to a vote of
the people, which, in my opinion, they were
bound to do, under the Kansas and Nebraska
act. This was the all-important question
which had alone convulsed the Territory;
and yet the opponents of the lawful govern
ment, persisting in their first error, refrained
from exercising their right to vote and pre
ferred that slavery . should continue, rather
than surrender their revolutionary Topeka
organization.
A wiser and better spirit seemed to prevail
before the first Monday of -January last,
when an election was held under the consti
tution. A majority of the people then voted
for a governor and other State officers, for a
member of Congress, and members of the
State legislature. This election was warmly
contested by the two political parties in Kan
sas, and a greater vote was pulled than at any
previous election. A large majority of the
members of the legislature elect belonged to
that party which had previously refused to
vote. The anti-slavery party were thus
placed in the ascendant, and the political
power of the State was in their own hands.
Had Congress admitted Kansas into the Union
under the Lecompton constitution, the legis
lature might, at its very first session, have
submitted the question to a vote of the peo
ple, whether they would or would not have a
convention to amend their constitution either
on the slavery or any other question, and have
adopted all necessary means for giving spee
dy effect to the will of the majority. Thus
the Kansas question would have been imme
diately and finally :settled.
Under these circumstances, I submitted to
Congress the constitution thus framed, with
all the officers already elected necessary to
put the State government into operation, ac
companied by a strong recommendation in
favor of the admission of Kansas as a State.
In the course of my long public life I have
.never performed any official act which, in the
:retrospect, has afforded me more heartfelt
-satisfaction. Its admission could have inflic
ted no possible injury on any human being,
whilst it would, within a brief period, have
restored peace to Kansas and harmony to the
Union. In that event, the slavery question
would ere this have been finally settled, ac
cording to the legally-expressed will of a ma
jority of the voters, and popular sovereignty
would thus have been vindicated in a consti
tutional manner.
With my deep convictions of duty, I could
have pursued no other course. It is true,
that, as an individual, I had expressed an
opinion, both before and during the session
•of the convention, in favor of submitting the
remaining clauses of the constitution, as well
:as that concerning slavery, to the people.—
But, acting in an official character, neither
myself nor any human authority had the
power to rejudge the proceedings of the
convention, and declare the constitution
which it had framed to be a nullity. To
have done this would have been a violation of
:the Kansas and Nebraska act, which left the
WILLIAM LEWIS,
VOL. XI V.
people of the Territory " perfectly free to
form and regulate their domestic institutions
in their own way, subject only to the consti
tution of the United States." It would equal
ly have violated the great principle of popu
lar sovereignty, at the foundation of our in
stitutions, to deprive the people of the power,
if they thought proper to exercise it, of con
fiding to delegates elected by themselves the
trust of framing a constitution, without re
quiring them to subject their constituents to
the trouble, expense, and delay of a second
election. It would have been in opposition
to many precedents in our history, commen
cing in the very best age of the republic, of
the admission of Territories as States into
the Union, without a previous vote of the peo
ple approving their constitution.
It is to be lamented that a question so in
significant when viewed in its practical ef
fects on the people of Kansas, whether deci
ded one way or the other, should have kin
dled such a flame of excitement throughout
the country. This reflection may prove to
be a lesson of wisdom and of warning for
our future guidance. Practically considered,
the question is simply whether the people of
that Territory should first come into the
Union and then change any provision in their
constitution not agreeable to themselves, or
accomplish the very same object by remain
ing out of the Union and framing another
constitution in accordance with their will ?
In either case, the result would be precisely
the same. The only difference in point of
fact is, that the object would have been much
sooner attained, and the pacification of Kan
sas more speedily effected, had it been admit
ted as a State during the last session of Con
gress.
My recommendation, however, for the im
mediate admission of Kansas, failed to meet
the approbation of Congress. They deemed
it wiser to adopt a different measure for the
settlement of the question. For my own
part, I should have been willing to yield my
assent to almost any constitutional measure
to accomplish this object. I, therefore, cor
dially acquiesced in what has been called the
English Compromise, and approved the "Act
for the admission of the State of Kansas into
the Union" upon the terms therein 'pre
scribed.
Under the ordinance which accompanied
the Lecompton consitution, the people of
Kansas had claimed double the quantity of
public lands for the support of common
schools, which had ever been previously gran
ted to any -State upon entering the Union;
and also the alternate sections of land for
twelves miles on each side of two railroads,
proposed to be constructed from the northern
to the southern boundary, and from the east
ern to the western boundary of the State.—
Congress, deeming these claims unreasona
ble, provided, by the act of May 4, 1858, to
which I have just referred, for the admission
of the State on an equal footing with the
original States, but "upon the fundamental
condition precedent" that a majority of the
people thereof, at an election to be held for
that purpose, should, in place of the very
large grants of public lands which they had
demanded under the ordinance, accept such
grants as had been made to Minnesota, and
other new States. Under this act, should a
majority reject the proposition offered them,
"it shall be deemed and held that the people
of Kansas do not desire admission into the
Union with said constitution under the con
ditions set forth in said proposition." In
that event the act authorizes the people of
the Territory to elect delegates to form a
constitution and State government for them
selves, "whenever, and not before, it is ascer
tained by a census, duly and legally taken,
that the population of said Territory equals
or exceeds the ratio of representation re
quired for a membet, the House of Repre
sentatives of the t.,ongmss of the United
States." The delegates - thus assembled "shall
first determine by a vote whether it is the
wish of the people of the proposed State to
be admitted into the Union at that time, and
if so, shall proceed to form a constitution,
and take all necessary steps for the estab
lishment of a State government in conformi
ty with the federal constitution." After this
constitution shall have been formed, Con
gress, carrying out the principles of popu
lar sovereignty and non-intervention, have
left " the mode and manner of its approval
or ratification by the people of the proposed
State," to be "prescribed by law," and they
"shall then be admitted into the Union as a
State under such consitution thus fairly and
legally made, or without slavery, as said
constitution may prescribe."
An election was held throughout Kansas,
in pursuance of the provisions of this act, on
the second day of August last, and it resulted
in the rejection, by a large majority, of the
proposition submitted to the people by Con
gress. This being the case, they are now
authorized to form another constitution, pre
paratory to admission into the Union, but
not until their number, as ascertained by a
census, shall equal or exceed the ratio re
quired to elect a member to the House of
Representatives.
It is not probable, in the present state of
the case, that a third constitution can be law
fully framed and presented to Congress by
Kansas, before its population shall have
reached the designated number. Nor is it to
be presumed that, after their sad experience in
resisting the territorial laws, they will at
tempt to adopt a constitution in express vio
lation of the provisions of an act of Congress.
'During the session of 185 G, much the
time of Congress was occupied on the ques
tion of admitting Kansas under the Topeka
constitution. Again, nearly the whole of
the last session was devoted to the question
of its admission under the Lecompton con
stitution. Surely it is not unreasonable to
require the people of Kansas to wait, before
making a third attempt, until the number of
their inhabitants shall amount to ninety
ty-three thousand four hundred and twenty.
During this brief period the harmony of the
States, as well as the great business interests
of the country, demand that the people of
the Union shall not for a third time be con
vulsed by another agitation on the , Kansas
question. By waiting for a short titut, and
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acting in obedience to law, Kansas will glide
into the Union without the slightest impe
diment.
This excellent provision, which Congress
have applied to Kansas, ought to be exten
ded and rendered applicable to all Territo
ries which may hereafter seek admission into
the Union.
Whilst Congress possess the undoubted
power of admitting a new State into the
Union, however small may be the number of
its inhabitants, yet this power ought not, in
my opinion, to be exercised before the popu
lation shall amount to the ratio required by
the act for the admission of Kansas. Had
this been previously the rule, the country
would have escaped all the evils and misfor
tunes to which it has been exposed by the
Kansas question.
Of course, it would be unjust to give this
rule a retrospective application, and exclude
a State which, acting upon the past practice
of the government, has already formed its
constitution, elected its legislature and other
officers, and is now prepared to enter the
Union.
The rule ought to be adopted, whether we
consider its bearing on the people of the
Territories or upon the people of the existing
States. Many of the serious dissensions
which have prevailed in Congress and
throughout the country, would have been
avoided, had this rule been established at an
earlier period of the government.
Immediately upon the formation of a new
Territory, people from different States and
from foreign countries rush into it, for the
laudable purpose of improving their condi
tion. Their first duty to themselves is to
open and cultivate farms, to construct roads,
to establish schools, to erect places of reli
gious worship, and to devote their energies
generally to reclaim the wilderness and to
lay the foundations of a flourishing and pros
perous commonwealth. If, in this incipient
condition, with a population of a few thou
sand, they should prematurely enter the
Union, they are oppressed by the burden of
State taxation, and the means necessary for
the improvement of the Territory and the
advancement of their own interests, are thus
diverted to very different purposes.
The federal government has ever been a
liberal parent to the Territories, and a gen
erous contributor to the useful enterprises of
the early settlers. It has paid the expenses
of their governments and legislative assem
blies, out of the common treasury, and thus
relieved them from a heavy charge. Under
these circumstances, nothing can be better
calculated to retard their material progress,
than to divert them from their useful employ
ments, by prematurely exciting angry politi
cal contests among themselves, for the bene
fit of aspiring leaders. It is surely no hard
ship for embryo governors, senators, and
members of Congress, to wait until the num
ber of inhabitants shall equal those of a sin
gle congressional district. They surely ought
not to b permitted to rush into the Union,
with a population less than one-half of sev
eral of the large counties in the interior of
some of the States. This was the condition
of Kansas when it made application to be
admitted under the Topeka constitution.—
Besides, it requires some time to render the
mass of a population collected in a new Ter
ritory, at all homogeneous, and to unite them
on anything like a fixed policy. Establish
the rule, and all will look forward to it and
govern themselves accordingly.
But justice to the people of the several
States requires that this rule should be es
tablished by Congress. Each State is enti
tled to two senators and at least one repre
sentative in Congress. Should the people of
the States fail to elect a Vice President, the
power devolves upon the Senate to select
this officer from the two highest candidates
on the list. In case of the death of the Presi
dent, the Vice President thus elected by the
Senate, becomes President of the United
States. On all questions of legislation, the
senators from the smallest States of the
Union have an equal vote with those from
the largest. The same may be said in re
gard to the ratification of treaties, and of
Executive appointments. All this has work
ed admirably in practice, whilst it conforms
in principle with the character of a govern
ment instituted by sovereign States. I pre
sume no American citizen would desire the
slightest change in the arrangement. Still,
is it not unjust and unequal to the existing
States, to invest some forty or fifty thousand
people collected in a Territory, with the at
tributes of sovereignty, and place them on
an equal footing with Virginia and New
York in the Senate of the United States ?
For these reasons, I earnestly recommend
the passage of a general act, which shall
provide that upon the application of a terri
torial legislature, declaring their belief that
the Territory contains a number of inhabi
tants which, if in a State, would entitle them
to elect a member of Congress, it shall be
the duty of the President to cause a census
of the inhabitants to be taken, and if found
sufficient, then by the terms of this act to
authorize them to proceed "in their own
way" to frame a State constitution prepara
tory to admission into the Union. I also re
commend that an appropriation may be
made, to enable the President to take a cen
sus of the people of Kansas.
The present condition of the Territory of
Utah, when contrasted with what it was ono
year ago, is a subject for congratulation.—
It was then in a state of open rebellion, and,
cost what it might, the character of the gov
ernment required, that this rebellion should
be suppressed and the Mormons compelled
to yield obedience to the constitution and the
laws. In order to accomplish this object, as
I informed you in my last annual message,
I appointed a new governor instead of Brig
ham Young, and other federal officers to take
the place of those who, consulting their per
sonal safety, had found it necessary to with
draw from the Territory. To protect these
civil officers, and to aid them, as a posse co
initatus, in the execution of the laws in case
of need, I ordered a detachment of the army
to accompany them to Utah. The necessity
for adopting these measures is now demon
strated.
HUNTINGDON, PA., DECEMBER 15, 1858.
-PERSEVERE.--
On the 15th September, 1857, Governor
Young issued his proclamation, in the style
of an independent sovereign, announcing his
purpose to resist by force of arms, the entry
of the United States troops into our own Ter
ritory of Utah. By this he required all the
forces in the Territory, "to hold themselves
in readiness to march at a moment's notice
to repel any and all such invasion," and es
tablished martial law from its date through
out the Territory. These proved to be no
idle threats. Forts Bridger and Supply were
vacated and burnt down by the Mormons, to
deprive our troops of a shelter after their
long and fatiguing march. Orders were is
sued by Daniel H. Wells, styling himself
"Lieutenant General, Nauvoo Legion," to
stampede the animals of the United States
troops on their march, to set fire to their
trains, to burn the grass and the whole coun
try before them and on their flanks, to keep
them from sleeping by night surprises, and
to blockade the road by felling trees, and de
stroying the fords of rivers, &c., &e., &c.
These orders were promptly and effectu
ally obeyed. On the 4th October, 1857, the
Mormons captured and burned on Green
River, three of our supply trains, consisting
of seventy-five wagons loaded with provisions
and tents for the army, and drove away sev
eral hundred animals. This diminished the
supply of provisions so materially, that Gen
eral Johnston was obliged to reduce the ra
tion, and even with this precaution there was
only sufficient left to subsist the troops until
the first of June.
Our little army behaved admirably in their
encampment at Fort Bridger, under these
trying privations. In the midst of the moun
tains, in a dreary, unsettled, and inhospita
ble region, more than a thousand miles from
home, they passed the severe and inclement
winter without a murmur. They looked for
ward with confidence for relief from their
country in due season, and in this they were
not disappointed.
The Secretary of War employed all his en
ergies to forward them the necessary sup
plies, and to muster and send such a military
force to Utah as would render resistance on
the nart of the Mormons hopeless, and thus
terminate the war without the effusion of
blood. In his efforts he was efficiently sus
tained by Congress. They granted appro
priations sufficient to cover the deficiency thus
necessarily created, and also provided for
raising two regiments of volunteers, " for the
purpose of quelling disturbances in the Ter
ritory of Utah, for the protection of supply
and emigrant trains, and the suppression of
Indian hostilities on the frontiers." Happi
ly, there was no occasion to call these regi
ments into service. If there had been, I
should have felt serious embarrassment in
selecting them, so great was the number of
our brave and patriotic citizens anxious to
serve their country in this distant and appa
rently dangerous expedition. Thus it has
ever been, and thus may it ever be
The wisdom and economy of sending suf
ficient reinforcements to Utah are established
not only by the event, but in the opinion of
those who, from their position and opportu
nities, are the most capable of forming a cor
rect judgment. General Johnston, the com
mander of the forces, in addressing the Sec
retary of War from Fort Bridger, under date
of October 18, 1857, expresses the opinion
that " unless a large force is sent here, from
the nature of the country, a protracted war
on their [the Mormons] part is inevitable."
This he considered necessary, to terminate
the war "speedily and more economically
than if attempted by insufficient means."
In the mean time, it was my anxious de
sire that the Mormons should yield obedience
to the constitution and the laws, without ren
dering it necessary to resort to military force.
To aid in accomplishing this object, I deemed
it advisable in April last, to despatch two I
distinguished citizens of the United States,
Messrs. Powell and McCulloch, to Utah.
They bore with them a proclamation addres
sed by myself to the inhabitants of Utah,
dated on the sixth day of that month, warn
ing them of their true condition, and how
hopeless it was on their part to persist in re
bellion against the United States, and offer
ing all those who should submit to the laws
a full pardon for their past seditions and
treasons. At the same time, I assured those
who should persist in rebellion against the
United States, that they must expect no fur
ther lenity, but look to be rigorously dealt
with according to their deserts. The instruc
tions to these agents, as well as a copy of the
proclamation, and their reports, are herewith
submitted. It will be seen by their report
of the 3d of July last, that they have fully
confirmed the opinion expressed by General
Johnston in the previous October, as to the
necessity of sending reinforcements to Utah.
In this they state, that they "are firmly im
pressed with the belief that the presence of
the army here and the large additional force
that had been ordered to this Territory, were
the chief inducements that caused the Mor
mons to abandon the idea of resisting the au
thority of the United States. A less decisive
policy would probably have resulted in a long,
bloody, and expensive war."
These gentlemen conducted themselves to
my entire satisfaction, and rendered useful
services in executing the humane intentions
of the government.
It also affords me great satisfaction to state,
that Governor Cumming has performed his
duty in an able and conciliatory manner, and
with the happiest effect. I cannot, in this
connexion, refrain from mentioning the val
uable services of Col. Thomas L. Kane, who,
from motives of pure benevolence, and with
out any official character or pecuniary com
pensation, visited Utah during the last in
clement winter, for the purpose of contribu
ting to the pacification of the Territory.
I am happy to inform you, that the gover
nor and other civil officers of Utah, are now
performing their appropriate functions with
out resistance. The authority of the consti
tution and the laws has been fully restored,
and peace prevails throughout the Territory.
A portion of the troops sent to Utah are
now encamped in Cedar valley, forty-four
miles southwest of Salt Lake City; and the
remainder have been ordered to Oregon to sup-
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press Indian hostilities.
The march of the army to Salt Lake City,
through the Indian Territory, has had a pow
erful effect in restraining the hostile feelings
against the United States, which existed
among the Indians in that region, and in se
curing emigrants to the Far West against
their depredations. This will also be the
means of establishing military posts and pro
moting settlements along the route.
I recommend that the benefits of our land
laws and pre-emption system be extended to
the people of Utah, by the establishment of a
land office in that Territory.
I have occasion also, to congratulate you on
the result of our negotiations with China.
You were informed by my last annual mes
sage, that our minister had been instructed to
occupy a neutral position in the hostilities
conducted by Great Britain and France
against Canton. He was, however, at the
same time, directed to co-operate cordially
with the British and French ministers, in all
peaceful measures to secure by treaty those
just concessions to foreign commerce, which
the nations of the world had a right to de
mand. It was impossible for me to proceed
further than this, on my own authority, with
out usurping the war-making power, which,
under the constitution, belongs exclusively to
Congress.
Besides, after a careful examination of the
nature and extent of our grievances, I did not
believe they were of such a pressing and ag
gravated character, as would have justified
Congress in declaring war against the Chi
nese empire, without first making another
earnest attempt to adjust them by peaceful
negotiation. I was the more inclined to this ,
opinion, because of the severe chastisement
which had then but recently been inflicted
upon the Chinese by our squadron, in the
capture and destruction of the Barrier forts,
to avenge an alleged insult to our flag.
The event has proved the wisdom of our
neutrality. Our minister has executed his
instructions with eminent skill and ability.
In conjunction with the Russian plenipoten
tiary, he has peacefully, but effectually, co
operated with the English and French pleni
potentiaries ; and each of the four powers
has concluded a separate treaty with China,
of a highly satisfactory character. The
treaty concluded by our own plenipotentia
ry will immediately be submitted to the
Senate.
I am happy to announce that, through the
energetic yet concilitory efforts of our consul
general in Japan, a new treaty has been con
cluded with that empire, which may be ex
pected materially to augment our trade and
intercourse in that quarter, and remove from
our countrymen the disabilities which have
heretofore been imposed upon the exercise of
their religion. The treaty shall be submit
ted to the Senate for approval without delay.
It is my earnest desire that every misun
derstanding with the government of Great
Britain, should be amicably and speedily ad
justed. It has been the misfortune of both
countries, almost ever since the period of
the revolution, to have been annoyed by a
succession of irritating and dangerous ques
tions, threatening their friendly relations.—
This has partially prevented the full devel
opment of those feelings of mutual friend
ship between the people of the two countries,
so natural in themselves and so conducive to
their common interest. Any serious inter
ruption of the commerce between the United
States and Great Britian, would be equally
injurious to both. In fact no two nations
have ever existed on the face of the earth,
which could do each other so much good or
so much harm.
Entertaining these sentiments, I am grati
fied to inform you, that the long-pending con
troversy between the two governments, in
relation to the question of visitation and
search, has been amicably adjusted. The
claim on the part of Great Britain, forcibly
to visit American vessels on the high seas in
time of peace, could not be sustained under
the law of nations, and it had been over
ruled by her own most eminent jurists.—
This question was recently brought to an is
sue, by the repeated acts of British cruisers,
in boarding and searching our merchant ves
sels in the Gulf of Mexico and the adjacent
seas. These acts were the most injurious
and annoying, as these waters are traversed
by a large portion of the commerce and nav
igation of the United States, and their free
and unrestricted use is essential to the secur
ity of the coast-wise trade between different
States of the Union. Such vexatious inter
ruptions could not fail to excite the feelings
of the country, and to require the interposi
tion of the government. Remonstrances
were addressed to the British government
against these violations of our rights of sov
ereignty, and a naval force was at the same
time ordered to the Cuban waters, with di
rections "to protect all vessels of the United
States on the high seas, from search or deten
tion by the vessels-of-war of any other na
tion." These measures received the unqual
ified and even enthusiastic approbation of
the American people. Most fortunately,
however, no collision took place, and the
British government promptly avowed its re
cognition of the principles of international
law upon this subject, as laid down by the
government of the United States, in the note
of the Secretary of State to the British min
ister at Washington, of April 10, 1858,
which secure the vessels of the United States
upon the high seas from visitation or search
in time of peace, under any circumstances
whatever. The claim has been abandoned
in a manner reflecting honor on the British
govenment, and evincing a just regard for
the law of nations, and cannot fail to strength
en the amicable relations between the two
countries.
The British government at the same time,
proposed to the United States that some mode
should be adopted, by mutual arrangement
between the two countries, of a character
which may be found effective without being
offensive, for verrifying the nationality of
vessels suspected on good grounds of carrying
false colors. They have also invited the
United States to take the initiative, and pro
pose measures for this purpose. Whilst de
clining to assume p . grave a responsibility,
Editor and Proprietor.
NO, 25.
the Secretary of State has informed the Brit
ish Government that we are ready to receive
any proposals which they may feel disposed
to offer, having . this object in view, and to
consider them in an amicably spirit. A.
strong opinion is, however, expressed, that
the occasional abuse of the flag of any nation,
is an evil far less to be deprecated, than
would be the establishment of any regulations
which might be incompatible with the free
dom of seas. This government has yet re
ceived no communication specifying the man. ,
ner in which the British government would
propose to carry out their suggestions ; and I
am inclined to believe, that no plan which
can be devised, will be free from grave em
barrassments. Still, I shall form no decided
opinion on the subject, until I shall have
carefully and in the best spirit examined any
proposals which they may think proper to
make.
I am truly sorry I cannot also inform you
that the complications between Great Britain'
and the United States, arising out of the
Clayton and Buiwer treaty of April, 1850,
have been finally adjusted.
At the commencement of your last session,
I had reason to hope that, emancipating
themselves from further unavailing discus
sions, the two governments would proceed to
settle the Central American questions in a
practical manner, alike honorable and satis
factory to both ; and this hope I have not yet
abandoned. In my last annual message, I
stated that overtures had been made by the
British government for this purpose, in a
friendly spirit, which I cordially reciprocated.-
Their proposal was, to withdraw these ques
tions from direct negotiation between the
two governments; but to accomplish the
same object, by a negotiation between the
British government an each of the Central-
American republics whose territorial inter
ests are immediately involved. The settle
ment was to be made in accordance with the
general tenor of the interpretation placed
upon the Clayton and Buleter treaty by to
United States, with certain modifications.-- ,
As negotiations are still pending upon this
basis, it would not be proper for me now toe
communicate their present condition. A
final settlement of these questions is greatly
to be desired, as this would wipe out the last'
remaining subject of dispute between the'
two countries.
Our relations with the great empires of .
France and Russia, as well as with all other'
governments on the continent of Europe, ex
cept that of Spain, continue to be of the'
most friendly character.
With Spain, our relations remain in an
unsatisfactory condition. In my message of
December last, I informed you that our en
voy extraordinary and minister plenipoten
tiary to Madrid had asked for his recall ; ;-
and it was my purpose to send out a new
minister to that court, with special instruc
tions on all questions 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 I
need not enumerate.
The mission to Spain has been intrusted
to a distinguished citizen of Kentucky, who.
will proceed to Madrid without delay, and
make another and final attempt to obtain jus
tice from that goverment.
Spanish officials, under the direct control
ef the captain general of Cuba, have inselt ,
ed our national flag, and, in repeated in
stances, have from time to time inflicted in
juries on the persons and property of our
citizens. These have given birth to namer>
ous claims against the Spanish government„
the merits of which have been ably discussed
for a series of years, by our successive diplo
matic representatives. Notwithstanding this„
we have not arrived at a practical result in
any single instance, unless we may except
the case of the Black Warrior under the late
administration ; and that presented an out
rage of such a character as would have jus
tified an immediate resort to ware All our
attempts to obtain redress have been baffled
and defeated. The frequent and oft-recur
ring changes in the Spanish ministry, have
been employed as reasons for delay. We
have been compelled to wait, again and
again, until the new minister shall have had
time to investigate the justice of our de
mands.
Even what have been denominated " the
Cuban claims," in which more than a hurt=
dred of our citizens are directly interested ;
have furnished no exception. These claim's
were for the refunding of duties unjustly ex
acted from American vessels at different cuS-=
torn-houses in Cuba, so long ago as the sreat
1844. The principles upon which they rest
are so manifestly equitable and just ; that
after a period of nearly ten years, in 1854 ;
they were recognised by the Spanish govern=
ment. Proceedings were afterwards install=
ted to ascertain their amount, and this was
finally fixed according to their own statement
(with which we were satisfied) at the sum of
one hundred and twenty-eight thousand six
hundred and thirty-five dollars and fifty-four
cents. Just at the moment, after a delay of
fourteen years, when we had reason to expect
that this sum would be repaid with interest,
we have received a proposal offering to refund
one-third of that amount, (forty-two thousand
eight hundred and seventy-eight dollars and
forty-one cents,) but without interest, if ite
would accept this in full satisfaction. The
offer is, also, accompanied by a declaration
that this indemnification is not founded on
any reason of strict justice ; but is made as
a special favor.
One alleged cause for procrastination in
the examination and adjustment of our
claims, arises from an obstacle which it is
the duty of the Spanish government to re- .
move. Whilst the captain-general of Cuba.
is invested with general despotic authority'
in the government of that island, the potver
is withheld from him to examine and redress
wrongs committed by officials under his con-
trol, on citizens of the United States: In
stead of making our complaints directly to•
him at Havana, we are obliged to present
them through our minister at Madrid.
These are then referred back to the captain;-
general for information ; much time is thus
consumed in preliminary investigations and
correspondence between Madrid and Cuba,
before the Spanish government will consent
to proceed to negotiation. Many of the dif.
ficulties between the two governments would
be obviated, and a long train of negotiation.
avoided, if the captain-general were invested.
with authority to settle questions of easy sn..
lution on the spot, where all the facts are
fresh, and could be promptly and satisfacto
rily ascertained. We have hitherto in vain
urged upon the Spanish government, to con.;.
fer this power upon the captain-general, and
our minister to Spain will again be instructed
to urge this subject on their notice. In this.
respect, we occupy a different position from
the powers of Europe. Cuba is almost within
sight of our shores; our commerce with it is
fur greater than that of any other nation, in
cluding Spain itself, and our citizens are in
habit of daily and extended personal inter
course with every part of the island. It is,