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PRESIDENT'S MESSAGE Fellow- Citizens of the Senate and House of Representatives : Our deep and heart-felt gratitude is due to that Almighty Power which has bestowed upon us such varied and numerous blessings throughout the past year. The general health of the country has been excellent ; our har vests have been unusually plentiful, and pros perity smiles throughout the land. Indeed, notwithstanding our demerits, we have much reason to believe from the past events in our history, that we have enjoyed too special pro tection of Divine Providence ever since our origin as a nation. We have been exposed to many threatening and alarming difficulties in our progress; but on each successive occa sion the impending cloud has been dissipated at the moment it appeared ready to burst up on our head, and the danger to our institu tions has passed away. May we ever be un der the divine guidance and protection !- Whilst it is the duty of the President "from time to time to give to Congress information of the state of the Union," I shall not refer in detail to the recent sad and bloody occur rences at Harper's Ferry. Still, it is proper to observe that these events, however bad and cruel in themselves, derive their chief impor tance from the apprehension that they are but symptoms of an incurable disease in the public mind, which may break out in still more dangerous outrages and terminate at last in an open war 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 ap proach of danger. Our Union is a stake of such inestimable value as to demand our con stant and watchful vigilance for its preserva tion. In this view, let me implore my coun trymen, North and South, to cultivate the ancient feelings of mutual forbearance and good-will towards each other, and strive to allay the demon spirit of sectional hatred and strife now alive in the land. This advice proceeds from the heart of' an old public func tionary whose service commenced in the last generation, among the wise and conservative statesmen of that day, now nearly all passed away, and whose first and dearest earthly wish is to leave his country tranquil, prosperous, united, and powerful. We ought to reflect that in this age, and especially in this country, there is an inces sant flux and reflux of public opinion. Ques tions which in their day assumed a most threatening aspect, have now nearly gone from the memory of men. They are " volca nos burnt out, and on the lava and squalid scoria?. of old eruptions grow the peaceful olive. the cheering vine and the sustaining corn." Such in my opinion, will prove to be the fate of the present sectional excitement, should those who wisely seek to apply the remedy, continue always to confine their efforts with in the pale of the Constitution. If this course be pursued, the existing agitation on the sub ject of domestic slavery, like everything hu man, will have its day and give place to other and less threatening controversies. Public opinion in this country is all-powerful, and when it reaches a dangerous excess upon any question, the good sense of the people will furnish the corrective and bring it back with in safe limits. Still, to hasten this auspici ous result, at the present crisis, we ought to remember that every rational creature must be presumed to intend the natural consequen ces of his own teachings. Those who an nounce abstract doctrines subversive of the Constitution and the Union, must not be sur prised should their heated partisans advance one step further, and attempt by violence to carry these doctrines into practical effect.— In this view of the subject it ought never to be forgotten that, however great may have been the political advantages resulting from the Union to every portion of our common country, these would all prove to be as noth ing should the time ever arrive when they cannot be enjoyed without serious danger to the personal safety of the people of fifteen members of the confederacy. If the peace of the domestic fireside throughout these States should ever be invaded—if the mothers of families within this extensive region should not be able to retire to rest at night without suffering dreadful apprehensions of what may be their own fate and that of their children i before the morning—it would be vain to re count to such a people the political benefits ' which result to them from the Union. Self preservation is the first instinct of nature ; and therefore any state of society in which the sword is all the time suspended over the beads of the people, must at last become in tolerable. But I indulge in no such gloomy forebodings. On the contrary, I firmly be lieve that the events at Harper's Ferry, by causing the people to pause and reflect upon the possible peril to their cherished institu tions, will be the means, under Providence, of allaying the existing excitement and pre venting future outbreaks of a similar charac ter. They will resolve that the Constitution and the Union shall not be endangered by rash counsels, knowing that, should " the silver cord be loosed or the golden bowl be broken * k at the fountain," human power could never reunite the scattered and hostile fragments. I cordially congratulate you upon the final settlement by the Supreme Court of the Uni ted States of the question of slavery in the Territories, which had presented an aspect so truly formidable at the commencement of my administration. The right has been es tablished of every citizen to take his proper ty of any kind, including slaves, into the common Territories belonging equally to all the States of the Confederacy, and to have it protected there under the Federal Constitu tion. Neither Congress nor a territorial leg islature nor any human power has any au thority to annul or impair this vested right. The supreme judicial tribunal of the country, which is a co-ordinate branch of the Govern ment, has sanctioned and affirmed these prin ciples of constitutional law, so manifestly just in themselves, and so well ,calculated to promote peace and harmony among the States. It is a striking proof of the sense of $1 50 75 50 WILLIAM LEWIS, VOL XV. justice which is inherent in our people, that the property in slaves has never disturbed to my knowledge, in any of the Territories.— Even throughout the late troubles in Kansas there has not been any attempt, as I am cred itably informed, to interfere, in a single instance, with the right of the master. Had any such attempt been made, the judiciary would doubtless have afforded an adequate remedy. Should they fail to do this hereafter, it will then be time enough to strengthen their hands by further legislation. Had it been decided that either Congress or the territoritorial legislature possess the pow er to annul or impair the right to property in slaves, the evil would be intolerable. In the latter event, there would be a struggle for a majority of the members of the legislature at each successive election, and the sacred rights of property held under the Federal Constitu tion would depend for the time being on the result. The agitation would thus be render ed incessant whilst the territorial condition remained, and its baneful influence would keep alive a dangerous excitement among the people of the several States. Thus has the status of a Territory, during the intermediate period from its first settle ment, until it shall become a State, been ir revocably fixed by the final decision of the Supreme Court. Fortunate has this been for the prosperity of the Territories, as well as for the tranquility of the States. Now, emi grants from the North and the South, the East and the West, will meet in the Territo ries on a common platform, having brought with them that species of property best adap ted, in their own opinion, to promote their welfare. From natural causes the slavery question will in each case soon virtually set tle itself; and before the Territory is prepared for admission as a State into the Union, this decision, one way or the other, will have been a foregone conclusion. Meanwhile the set tlemeut of the new Territory wilt proceed without serious interruption, and its progress and prosperity will not be endangered or re tarded by violent political struggles. When in the progress of events time inhabi tants of any Territory shall have reazhed the number required to form a State, they will then proceed, in a regular manner, and in' the exercise of the rights of popular sover eignty, to form a constitution preparatory to admission into the Union. After this has been done, to employ the language of the Kansas and Nebraska act, they "shall be re ceived into the Union with or without slavery, as their constitution may prescribe at_ the time of their admission." This sound prin ciple has happily been recognized, in some form or other, by an almost unanimous vote of both houses of the late Congress. All lawful means at my command have been employed, and shall continue to be em ployed, to execute the laws against the Afri can slave-trade. After a most careful and rigorous examination of our coasts, and a thorough investigation of the subject, we have not been able to discover that any slaves have been imported into the United States ex cept the cargo by the Wanderer, numbering between three and four hundred. Those en gaged in this unlawful enterprise have been rigorously prosecuted ; but not with as much success as their crimes have deserved. A number of them are still under prosecution. Our history proves that the Fathers of the Republic, in advance of all other nations, condemned the African slave trade. It was, notwithstanding, deemed expedient by the framers of the Constitution to deprive Con gress of the power to prohibit " the migra tion or importation of such persons as any of the States now existing shall think proper to admit," "prior to the year one thousand eight hundred and eight." It will be seen that this restriction on the power of Congress was confined to such States only as might think proper to admit the im portation of slaves. It did not extend to the other States or to the trade carried on abroad. Accordingly, we find that so early as the 22d March, 1794, Congress passed an act impo sing severe penalties and punishments upon citizens and residents of the United States who should engage in this trade between for eign nations. The provisions of this act were extended and enforced by the act of 10th of May, 1800. Again: The States themselves had a clear right to waive the constitutional privilege in tended for their benefit, and to prohibit, by their own laws, this trade at any time they thought proper previous to 1808. Several of them exercised this right before that period, and among them some containing the greatest number of slaves. This gave to Congress the immediate power to act in regard to all such States, because they themselves had removed the constitutional barrier. Congress accord ingly passed an act on 28th February, 1803, " to prevent the importation of certain per sons into certain States where, by the laws thereof, their admission is prohibited." In this manner the importation of African slaves into the United States was, to a great extent, prohibited some years in advance of 1808. As the year 1808 approached, Congress de termined not to suffer this trade to exist even for a day after they had the power to abolish it. On the 2.d. of March, 1807, they passed an act to take effect "from and after the Ist of January, 1808," prohibiting the importa tion of African slaves into the United States. This was followed by subsequent acts of a similar character, to which I need not spe cially refer. Such were the principles and such the practice of our ancestors more than fifty years ago in regard to the African slave trade. It did not occur to the revered patriots who had been delegates to the convention, and af terwards became members of Congress, that in passing these laws they had violated the Constitution which they had framed with so much care and deliberation. They supposed that to prohibit Congress, in express terms, from exercising a specified power before an appointed day, necessarily involved the right to exercise this power after that day had ar rived. If this were not the case, the framers of the Constitution had expended much labor in vain. Had they imagined that Congress 1 '..d1P P :.17 I 6;• 5?,;,. -,,-. - '• 4t , t ,*,.. , would possess no power to prohibit the trade either before or after 1808, they would not have taken so much care to protect the States against the exercise of this power be fore that period. Nay more, they would not have attached such vast importance to this provision as to have excluded it from the pos sibility of future repeal or amendment, to which other portions of the Constitution were exposed. It would then have been wholly unnecessary to engraft on the fifth article of the Constitution, prescribing the mode of its own future amendment, the proviso, " that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner effect" the pro vision in the Constitution, securing to the States the right to admit the importation of African slaves previous to that period. According to the adverse construction, the clause itself, on which so much care and discussion had been employed by the mem bers of the convention, was an absolute nullity from the beginning, and all that has since been done under it a mere usurpa tion. It was well and wise to confer this power on Congress, because, bad it been left to the States, its efficient exercise would have been impossible. In that event any one State could have effectually continued the trade not only for itself but for all the other slave States, though never so much against their will. And why? Because African slaves, when once brought within the limits of any one State, in accordance with its laws, can not practically be excluded from any other State where slavery exists. And even if all the States had separately passed laws pro hibiting the importation of slaves, these laws would have failed of effect for want of a na val force to capture the slavers and to guard the coasts. Such a force no State can em ploy in time of peace without the consent of Congress. These acts of Congress, it is believed, have with very rare and insignificant exceptions, accomplished their purpose. For a period of more than half a century there has been no perceptible addition to the number of our do mestic slaves. During this period their ad vancement in civilization has far surpassed that of any other portion of the African race. The light and the blessings of Christianity have been extended to them, and both their moral and physical condition has been great ly improved. Re-open the trade, and it would be difficult to determine whether the effect would be more deleterious on the interests of the mas ter or on those native-born slaves. Of the evils to the master, the one most to be dread ed, would be the introduction of wild, heath en, and ignorant barbarians among the so ber, orderly, and quiet slaves, whose ances tors have been on the soil for generations.— This might tend to barbarize, demoralize, and exasperate the whole mass, and produce most deplorable consequences. - The effect upon the existing slave would, if possible, be still more deplorable. At present be is treated with kindness and hu manity. Re is well fed, well clothed, and not over-worked. His condition is incompa rably better than that of the coolies which modern nation of high civilization have em ployed as a substitute for African slaves.— Both the philanthropy and self-interest of the master, have combined to produce this humane result. But let this trade be re opened, and what will be the effect? The same, to a considerable extent, as on a neigh boring island—the only spot now on earth where the African slave trade is openly tol crated ; and this in defiance of solemn trea ties with a power abundantly able at any mo ment to enforce their execution. There the master, intent upon present gain, extorts from the slaves as much labor as his physical powers are capable of enduring—knowing that, when death comes to his relief, his place can be supplied at a price reduced to the lowest point by the competition of rival African slave-traders. Should this ever be the case in our country—which I do not deem possible—the present useful character of the domestic instiutions, wherein those too old and too young to work, are provided for with care and humanity, and those capable of la bor are not over-tasked, would undergo an unfortunate change. The feeling of recip rocal dependence and attachment, which now exists between master and slave would be converted into mutual distrust and hos tility. But we are obliged as a Christian and mor al nation, to consider what would be the ef fect upon unhappy Africa itself, if we should re-open the slave trade. This would give the trade au impulse and extension which it has never bad even in its palmiest days. The numerous victims required to supply it, would convert the whole slave coast into a private Pandemonium, for which thiscountry would be held responsible in the eyes of both God and man. Its petty tribes would then be constantly engaged in predatory wars against each other, for the purpose of seizing slaves to supply the American market. All hopes of African civilization would thus be ended. On the other hand, when a market for Af rican slaves shall no longer he furnished in Cuba, and thus all the world be closed against this trade, we may then indulge a reasonable hope for the gradual improvement of Africa. The chief motive of war among the tribes will cease whenever there is no longer any demand for slaves. The resources of that fertile but miserable country might then be developed by the hand of industry, and af ford subjects for legitimate foreign and. do mestic commerce. In this manner Christi anity and civilization may gradually pene trate the existing gloom. The wisdom of the course pursued by this Government towards China has been vindi cated by the event. Whilst we sustained a neutral position in the war waged by Great Britain and France against the Chinese em pire, our late minister, in obedience to his in structions, judiciously co-operated with the ministers of these powers in all peaceful measures to secure by treaty the just conces sions demanded by the interests of foreign commerce.. The result is that satisfactory , fi .4% 0 ;_,•:0 :40 0. Pr 3g. 44,4: • HUNTINGDON, PA., JANUARY 4, 1860. -PERSEVERE.- treaties have been concluded with China by the respective ministers of the United States, Great Britain, France and Russia. Our " treaty, or general convention of peace, am ity, and commerce," with that empire was concluded at Tientsin on the 18th June, 1858, and was ratified by the President,, by and with the advice and consent of the Senate, on the 21st December following. On the 15th December, 1858, John E. Ward, a distinguished citizen of Georgia, was duly commissioned as Envoy Extraordi nary and Minister Plenipotentiary to China. He left the United States for the place of his destination on the sth of February, 1859, bearing with him the ratified copy of this treaty, and arrived at Shanghai on the 28th May. From thence he proceeded•to Peking on the 16th June, but did not arrive in that city until the 27th July. According to the terms of the treaty the ratifications were to be exchanged on or before the 18th June, 1859. This was rendered impossible by rea sons and events beyond his control, not neces sary to detail ; but still it is due to the Chi nese authorities at Shanghai to state that they always assured him no advantage should be taken of the delay, and this pledge has been faithfully redeemed. On the arrival of Mr. Ward at Peking lie requested an audience of the Emperor to pre sent his letter of credence. This he did not obtain, in consequence of his very proper re fusal to the humiliating ceremonies required by the etiquette of this strange people in ap proachine, their sovereign. Nevertheless the interviews on this question were conducted in the most friendly spirit and with all due regard to his personal feelings and the honor of his country. When a presentation to his Majesty was found impossible, the letter of credence from the President was received with peculiar honors by Kweiliang, "the Em peror's prime minister and the second man in the empire to the Emperor himself." The ratifications of the treaty were afterwards, on the 16th of August, exchanged in proper form at Pei-tsang. As the exchange did not take place until after the day prescribed by the treaty, it is deemed proper, before its publication, again to submit it to the Senate. It is but simple justice to the Chinese au thorities to observe, that throughout the whole transaction, they appear to have acted in good faith and in a friendly spirit towards the United States. It is true this has been done in their own peculiar fashion ; but we ought to regard with a lenient eye the an ck-nt customs of an empire dating back for thousands of years, so far as may be consis tent with our national honor. The conduct of our minister on the occasion has received my entire approbation. In order to carry out the spirit of this treaty, and to give it full effect, it became necessary to conclude two supplemental con ventions—the one for the adjustment and satisfaction of the claims of our citizens, and the other to fix the tariff on imports and ex ports, and to regulate the transit duties and trade of our merchants with China. This duty was satisfactorily performed by our late minister. These conventions bear date at Shanghai on the Bth November, 1858. Having been considered in the light of bind ing agreements subsidiary to the principal treaty, and to be carried into execution with out delay, they do not provide for any for mal ratification or exchange of ratifications by the 'contracting parties. This was not deemed necessary by the Chinese, who are already proceeding in good faith to satisfy the claims of our citizens, and, it is hoped, to carry out the provisions of the conventions. Still, I thought it was proper to submit them to the Senate, by 'which they were ratified on the 3d March, 1859. The ratified copies, however did not reach Shanghai until after the departure of our minister to Peking, and these conventions could not; therefore, be ex changed at the same time with the principal treaty. No doubt is entertained that they will be ratified and exchanged by the Chi nese government, should this be thought ad visable : but, under the circumstances pre sented, I shall consider them binding en gagements from their date on both parties, and cause them to be published as such for the information and guidance of our mer chants trading with the Chinese empire. It affords me much satisfaction to inform you that all our difficulties with the republic of Paraguay have been satisfactorily adjust ed. It happily did not become necessary to employ the force which Congress had placed at my command, under the joint resolution of 2d June, 1858. On the contrary, the Pres ident of that republic, in a friendly spirit, acceded promptly to the just and reasonable demands of the Government of the United States. Our commissioner arrived at As sumption, the capitol of the republic, on the 25th of January, 1859, and left on the 17th of February, having in three weeksably and successfully accomplished all the objects of his mission. The treaties which he has con cluded will be immediately submitted to the Senate. In the view that the employment of other than peaceful means might become necessa ry to obtain "just satisfaction" from Para guay, a strong naval force was concentrated in the waters of the La Plata to await con tingencies, whilst our commissioner ascend ed the rivers to Assumption. The Naval De partment is entitled to great credit for the promptness, efficiency, and economy with which this expedition was fitted out and con ducted. It consisted of nineteen armed ves sels, great and small, carrying 200 guns and 2,500 men, all under the command of the veteran and gallant Shnbrick. The entire expenses of the expedition have been defrayed out of the ordinary appropriations for the na val service, except the sum of $289,000, ap plied to the purchase of seven of the steam ers, constituting a part of it, under the au thority of the naval appropriation act of the 3d March last. It is believed that these steamers are worth more than their cost, and they are now actively and usefully employed in the naval service. The appearance of so large a force, fitted 'oat in such a prompt manner, in the far dis taut maters of the La Plata and the admires= ble conduct of the officers and men employed Editor and Proprietor. in it, have had a happy effect in favor of our country throughout all that remote portion of the world. Our relations with the great empires of France and Russia, as well as with all other governments on the continent of Europe, un less we may except that of Spain, happily continue to be of the most friendly character. In my last annual message I presented a statement of the unsatisfactory condition of our relations with Spain; and I regret to say that this is not materially improved. With out special reference to other claims, even the "Cuban claims," the payment of which has been ably urged by our ministers, and in which more than a hundred of our citizens are directly interested, remain unsatisfied, notwithstanding both their justice and their amount ($128,635 54) has been recognized and ascertained by the Spanish government itself. I again recommend that an appropriation be made "to be paid to the Spanish govern ment for the purpose of distribution among the claimants in the Amistad case." In common with two of my predecessors, I en tertain no doubt that this is required by our treaty with Spain of the 27th of October, 1795. The failure to discharge this obliga tion has been employed by the the cabinet of Madrid as a reason against the settlement of our claims. I need not repeat the arguments which I urged in my last annual message in favor of the aquisition of Cuba by fair purchase.— My opinions on that measure remain un changed. I, therefore, again call the serious attention of Congressto this important subject. Without a recognition of this policy on their part, it will be almost impossible to institute negotiations with any reasonable prospect of success. Until a recent period there was good rea son to believe that I should be able to an nounce of you on the present occasion that our difficulties with Great Britian, arriving out of the Clayton and Bulwer treaty, had been finally adjusted in a manner alike hon orable and satisfacory to both parties. From causes however, which the British govern ment had not anticipated, they have - not yet completed treaty arrangements with the re publics of Honduras and Nicaragua, in pur suance of the understanding between the two governments. It is, nevertheless, con fidently expected that this good work will ere long be accomplished. Whilst indulging the hope that no other subject remained which could disturb the good understanding between the two coun tries, the question arising out of the adverse claims of the parties to the Island of San Juan, under the Oregon treaty of the 15th of June, 1846, suddenly assumed a threat ening prominence. In order to prevent un fortunate collisions on that remote frontier, the late Secretary of State on the 17th of July 1855, addressed a note to Mr. Cramp ton, then British minister at Washington, communicating to him a copy of the instruc tions which he (Mr. Marcy) had givon, on the 14th of July, to Gov. Stevens, of Wash ington Territory, having a special reference to an "apprehended conflict between our cit izens and the British subjects on the Island of San Juan." To prevent this, the Gov ernor was instructed "that the officers of the Territory should abstain from all acts on the disputed grounds which are calculated to provoke any conflicts, so far as it can be done without implying the concession to the au thorities of Great Britain of an exclusive right over the premises. The title ought to be settled before either party should attempt to exclude the other by force, or exercise complete and exclusive sovereign rights with in the fairly disputed limits." In acknowledging the receipt on the next day of Mr. Marcy's note, the British minister expressed his entire concurrence "in the pro priety of the course recommended to the gov ernor of Washington Territory by your [Mr. Marcy's] instructions to that officer," stating that he had " lost no time in transmitting a copy of that document to the governor-gener al of British North America," and had "earn estly recommended to his Excellency to take such measures as to him may appear- best cal culated to secure, on the part of the British local authorities and inhabitants of the neigh borhood of the line in question, the exercise of the same spirit of forbearance which is in culcated by you [Mr. Marcy] on the authori ties and citizens of the United States." Thusmatters remained upon the faith of this arrangement until the oth of July last, when Gen. Harney paid a visit to the Island. Ile found upon it twenty-five American residents with their families, and also an establish ment of the Hudson's Bay Company for the purpose of raising sheep. A short time be fore his arrival one of these residents bad shot an animal belonging to the company, whilst trespassing upon his premises, for which however, he offered to pay twice its value ; but that was refused. Soon after "the chief factor of the company at Victoria, Mr. Dallas, son-in-law of Governor Douglas, came to the Island in the British sloop-of-war Sat ellite, and threatened to take " this Ameri can (Mr. Cutler) by force to Victoria, to an swer for the trespass he had committed."— The American seized his rifle and told Mr. Dallas if any such attempt was made he would kill him on the spot. The affair then ended." Under these circumstances, the American settlers presented a petition to the General, "through the United States inspector of cus toms, Mr. Hobbs, to place a force upon the island to protect them from the Indians as well as the oppressive interference of the au thorities of the Hudson Bay Company at Vic toria with their rights as American citizens." The General immediately responded to this petition, and ordered Captain George E. Pick ett, 9th infantry, " to establish his company on Bellevae, on San Juan Island, on some suitable position" near the harbor at the south eastern extremity. This order was prompt ly obeyed, and a military post was estab lished at the place designated. The force was afterwards increased, so that by the last return the whole number of troops then on the Island amounted in the aggregate to 691 men. Whilst I do not deem it, proper on the pres ent occasion to go further into the •subject, and discuss the weight which ought to be at tached to the statements' of the Brithili nial authorities, contesting the accuracy of the information on which the gallant Gener al acted, it was due to him that I should thus present his own reasons for issuing the" or der to Captain Pickett. From these it is quite clear his object was to prevent the British authorities on Vancouver's island from exercising jurisdiction over American residents on the Island of San Juan, as well as to protect them against the incursions of the Indians. Much excitement prevailed for some time throughout that region, and serious danger of collision between the parties was appre hended. The British had a large naval force in the vicinity ; and it is but an act of simple justice to the admiral on that station to state' that he wisely and discreetly forbore to com-: mit any hostile act but determined to refer the whole affair to his government and await their instructions. NO, 28. This aspect of the matter, in my opinion, demanded serious attention. It would have been a great calamity for both nations had they been precipitated into acts of hostility not on the question of title to the island, but merely concerning what should be its condi tion during the intervining period whilst the two governments might be employed in. set tling the question to which of them it belongs- For this reason Lieutenant General Scott was dispatched on the 17th September last to Washington Territory to take immediate command of the United States forces on the Pacific coast should he deem this necessary. The main object of his mission was to carry out the spirit of the precautionary arrange ment between the late Secretary of State and the British minister, and thus to preserve the peace and prevent collision between the Brit ish and American authorities pending the ne gotiations between the two governments.- - Entertainino- ° no doubt of the validity of our title, I need scarcely add that, in any event„ American citizens were to be placed on a footing at least as favorable as that of British subjects, it being understood that Captain Pickett's company should remain on the Island. It is proper to observe that, consid ering the distance from the scene of action, and in ignorance of what have transpired on the spot before the General's arrival, it was necessary to leave much to his discretion, and I am happy to state the event has proven that this discretion could not have been entrusted to more competent hands. General Scott has recently returned from his mission, having successfully accomplished its objects, and there is no longer any good reason to appre hend a collision between the forces of the two countries during the pendency of the existing negotiations. I regret to inform you that there has been no improvement in the affairs of Mexico since my last annual message, and I am again obliged to ask the earnest attention of Con gress to the unhappy condition of that re- The constituent Congress of Mexico, which adjourned on the 17th of February, 1857,. adopted a Constitution and provided for a popular election. This took place in the fol lowing July, 1857, and General Comonfort was chosen President, almost without oppo sition, at the same election a new Congress was chosen, whose first session commenced on the 16th of September. 1857. By the Constitution of 1857, the Presidential terns was to begin on the Ist of December, 1857;, and continue for four years. On that day General Comonfort appeared before the as sembled Congress in the city of Mexico, took the oath to support the new Constitution, and was duly inaugurated President. Within a month afterwards he had been driven from the capital, and a military rebellion had as signed the supreme power of the republic to General Zuloaga. The Constitution provi ded that in the absence of the President his office should devolve upon the Chief Justice of the Supreme Court, and, Gen. Cuinonfort having left the country, this functionary, General Juarez, proceeded to form, at Gusts aivatit, a constitutional government. Before• this was officially known, however, at the capital, the government of Zuloaga had been recognized by the entire diplomatic corps, icchning the minister of the United States, as the de facto government of Mexico. The constitutional President, nevertheless, main tained his position with firmness, and was soon established with his cabinet at Vera Cruz. Meanwhile the government of Zuloa ga was earnestly resisted in many parts of the Republic, and even in the capital, a por tion of the army having pronounced against it, its functions were declared terminated, and an assembly of citizens was invited for the choice of a new President. This' assem bly elected General Miramon, but that officer repudiated the plan under which he was cho sen, and Zuloago was thus restored to his position. He assumed it however, only to withdraw from it, and Miramon, having be come, by his appointment, " President Sub stitute," continues, with that title; at the bead of the insurgent party- In niy last annual message I communioa ted to Congress the circumstances tinder which the lace Minister of the United States suspended his official relations with the Cen tral Government, and withdrew from the country. It was impossible to ' maintain friendly intercourse with a ,government, like that at the' Capital, under whose Usaified au thority wrongs were constantly committed,. but never redressed. Had this been an es tablished Government, with its power exten ding, by the consent of the people, over the whole of Mexico,a resort to hostilities against it would have been quite justifiable, and in deed necessary. But the country was a prey to civil war; and it was hoped that the suc cess of the constitutional President might lead to a condition of things loss injurious to the United States. This succes became so probable that, in January last, I employed a reliable agen't to visit Mexico, and report to me the actual condition and prospect of the contending parties. In consequence of his report, and from information which reached me from other sources, favorable to the pros pects of the constitutional cause, I felt justi fied in appointing a new Minister to Mexico, who might embrace the earliest suitable op portunity of restoring our diplomatic - rely. Lions with that Republic. For this purpose a distinguished citizen of Maryland was selected, who proceeded on his mission on the Bth of March last, with dis cretionary authority to recognize the govern-. ment of President Juarez, if on his arrival in Mexico lie should find it entitled to such rec ognition, according to the established practice of the United States. On the 7th of April following, Mr. McLane presented his creden tials to President Juarez, having no hesita tion "in pronouncing the government of Jua rez to be the only existtng government of the• Republic." Ile was cordially received by the authorities at Vera Cruz, and they have ever since manifested the most friendly disposition towards the United States. Unhappily, how ever, the Constitutional Government has not been able to establish its power over the; A
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