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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;•
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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
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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