American volunteer. (Carlisle [Pa.]) 1814-1909, January 10, 1856, Image 1

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" ; , Bratton.
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PRESIDENT'S MESSAGE.
ftllom'Cllizerii of ' tht‘ Senate and Home of
Ripf**erilat\vih
tfho donatllutlon of tho United States
nrotidps Congress shall assemble an
mia\l/9 D hfStMomloy of December,
and it has usual fur the President to
make no communications of n public char
actcr. to,tho Senate and House of Rcpreseti
taiivo* noill advised of tbu|r readiness to
pepeive it.' I hare delurred to thin usage
until llu) close of the first month of the sca
llop but,my convictions of duty will not
tipnnH mo longer,postpone the discharge
bribe obligation Enjoined by Hw Constltu
lleit upon, Hie; President “ to give to the
6 ingress, Information of tho state of the
Union,, and, recommend to their considera
tion such measures ns he shall judgu neces
sary ant) expedient,”
U Is.matter: of. congratulation that the
Republic is tranquilly advancing in a ca
reer of prosperity nnd pence.
JrO.tEtas" RELATIONS —CENTRAL AMERICA,
'whilst relations of amity continue to ex-
Ist'betweon' the United Status in all foreign
ppwbrsj with some of them grave questions
are depending, wh|oh may require the con
sidondlun oFOongreas.
, Ofatich questions, tho most important is
that which has arisen out of the negotia
tions with Gfcut-Britain in reference (o
Central America;: - -
By tho conVehtiona concluded between
the two governments.on the HUh of April,
1650,.both,parties covenanted that “neither
alil| ever” “dcdnpy, or fortify, or colonize,
or or exercise any dominion over
Nicaragua, Costa Rica, tiie Mosquito coast,
orany.part ofCenlral America.”
':;iVwai (hb ; undoubted understanding of
the United States, in making this.treaty,
that all Hip present Stales of the former re
jiabllc.bfGontral America. and the entire
territory of each, would iicnccloi th enjoy
complete ' Independence ; and Hint both
contracting parties, engaged equally, and to
tHb ianjj extent, for the present nnd lor Ihe
future, that it either ot them had any claim
to - right in Central America, such claim,
and all occupation or authority under it,
were unreservedly relinquished by the slip
ujitlonsof the convention ; nnd that no do
minion was thereafter to be exercised or
assumed in any part of Central America, by
Great pfitain or the United St iles.
’ This Government consented to reslric
tlbhs In .regard to a region of country,
wherein wo had specific and peculiar inter
cits, only upon the conviction that the like
restrictions wore in tho same blmisu obligu-
Son Grmt Britain. But lor thlw under
ling jof the force and effect of the Con
vention, It would never have been conclud
ed by (id.
So clear was (hit understanding on (ho
part of Hip United States, that in correspon
rfihcd ’contemporaneous with the ratification
oftlie convention, it was distinctly express
ed, that the mutual covenants of non occu-
« rt were not intended to apply to the
ill establishment at tho Belize. Tills
tpial'iQcation is to bo ascribed to tbe fact
that, in virtue of successive treaties with
riihiVlotis sovereigns of the country, Great
Britain bad obtained a concession of tbe
right to cut mahogany or dye-woods at (ho
l)Ut with positive exclusion of all
domain'or sovcreigiity } and thus it con
flrms thu natural construction and under
i stood import ot the treaty us to all tho rest
I oTthc region to which tho stipulations ap
i‘ plied.
ft, however, becamo appirent, nt an cur-
I ly d i>“ afior entering upon the discharge of
my present functions, Mut Great Britain
•till continued In the exercise or assertion
orfiirge authority In nil that purl ol Cen
tral America cbniinotily called the Mosqui
tn Coast, and Covering tile entire length of
Nicaragua, and a pint of Costa
Rica; thnl Sht regarded tbe Bullze m» her
absolute domain, and was grade illy exten
ding Ms limits »t tbe expense of tbe Slate
of Honduras; and that she lud loitnully
culoniied a considerable insnlm group.
. imowu as Ihcßiy Islands, and belonging of
right to that Stuta.
All these fuels or pretensions o( Great
Britain, being contnuy to the tights <>l the
fifties of Central America, and In tbe man
fptt tenor of her stipulations with the Uni
ted States, os understood by ibis gm em
inent, have been made the subject of nego
.tUlfon through the American Minister in
London. I transmit herewith tbe instruc
tions tu him on Ihe subject and tbe corres
pondence lielweeii him and llic Bril iah Sec
r (ary on Foreign Affairs, by which you
will perceive that the (wo governments dif
fer widely and IrroconcUoahly as to the
, c instruction of the convention, and Its ef
fect ot) tliolr respective relations lu Central
America,
Great Britain so construes (bo conven
tion, as to maintain oil her previous pre
tensions unchanged over the Mosunito
coast and In different parts of Central A
*nterlca. These pretensions, ns to tho Mos
quito coast, are founded on (lie assumption
of political relations between Great Britain
and the remnant of a tribe of Indians on
that coast, entered Into nt a time when tho
country was a colonial possession of Spain.
ItCaiifiot be successfully controverted that
by the nubile law ol Europe and America,
no possible act of such Indians or thuir pre
decessors could confer on Great Britain any
political rights, . ,
Orest Britain dotis not allege the assent
of Spain hi tho origin ol her claims on the
Mosquito coast. She has, on the contrary,
1»y repeated and expressive treaties renoun
ced and relinquished utl pretensions of her
own, and recognized the full and sovereign
rlghts of Spain in. (bo most unequivocal
terms. Yet these pretensions, so without
solid foundation In the beginning, nnd thus
fojieaiedly allured, were, at a recent period
revived by Great Britain against tho Cen
tral American States, (he legitimate succes
sors (o all tho ancient jurisdiction of Spain
id that region. They were first applied on
ly to a defined part of the coast of Nicara
gua, they are now reasserted to this extent
notwithstanding engagements to the United
Ftatpl.' I ! ; .
On. (ho eastern coast of Nicaragua and
Uosta Rica, tho interference of Greslt Brit
ain, though offered ot one-time In tho form
of military occupation of tho. . Port of .San
■Juan del Norte, then in the peaceful pos
session of. (bo appropriate authorities of the
Central American States, It now presontpd
by her as Ihe rlghtftil ox*rclso of a 'protec
torship over thu Mosquito tribe of Indians.
Buttbeostablishmunt ol the Bailee, now
reaching far beyond Its treaty limits Into
the State of Honduras, and that of (he Bay
Islands, appertaining of right to the same
•late, sro os distinctly colonial governments
as that of Jamaica or Canftdq, and therefore
contrary to tho very letter, as well as to the
•plrlt of tho convention with tho United
tiU(oa,as U .wgsat the time of ratification,
and now is understood by this government.
The Interpretation which tho British gov
crnmqnt', thus - In assertion and act, persists
m ascribing to the convention, entirely
changes its diameter. While It holds usto
our obligations. It In a great nanpura ‘re
leases' Great Britain.from those which con
•tllutod (ha,consideration of this govern
ment fbr ehtoflng.into the convention. It
1* i n il ,o * B iblo, in my Judgment, for the Uni
•*d Slutes to acquiesce ,In such a construc
tion of the respective relations of the two
•°vormnen(B to Central America.
i
Ilmmratt W9O lirnim.
BY JOHN B. BRATTON.
VOL 42.
To a renewed call by tills government up
on Great Britain, to abide by, and carry in
to effect (ho stipulations of tho convention,
according lo its obvious import, by with
drawing from the possession or coloniza
tion of portions of tiio Central American
States of Honduras, Nicaragua and Costa
Rica, the British government Ims ut length
replied, affirming that the operation of the
treaty is prospective only, and did not re
quire Great Britain to abandon or contract
any possessions held by her In Central A
tnerica, at the date of its conclusion.
Tills reply substitutes a partial issue, in
the place of the general one presented by
the United States. Tho British govern
ment passes over the question of thu r gilts
of Great Britain, real or snpposed, in Cen
tral America, and assumes that she bud
such rights at (be dale of the treaty, nnd
that those rights comprehended tbe protec
torship of the Mosquito Indians, tho exten
ded Jurisdiction and limits of thu Balize,
and the colony of tho Bay Islands, and
thereupon proceeds by implication to Infer,
that, if the stipulations of the treaty be
merely future In effbet, Great Britain may
still continue to hold the contested portions
ol Central America. Tbe United Stales
cannot admit cither the inference or tbe
premises. We steadily deny, that, at tbe
dale of the treaty, Great Britain had any
possessions (here, other than tiie limited
and peculiar establishment at the Dniizc,
and maintain that, it she bad any, they
were surrendered by the Convention.
Tiie government recognizing (tie obliga
tions of the treaty, has desired to see it ex
ecuted in both parties, nnd in the discus
sion, therefore, has not looked to rights,
which we might assert, independently of
tiie treaty, in consideration ot our geo
graphical position nnd of other circumstan
ces, which create (or ns relations to the
Central American Slates, ddE-runt from
those of any government of Europe.
Tiie British government, in its Inst coni
mnnißiitfoii, iilthongh well knowing tho
views of the United States, still declares
that it sues no reason why a conciliatory
spirit may not enable the two governments
to overcome all obstacles to a satisfactory
adjustment oftlie subject.
Assured of the correctness of the enn
striioiloii of the treaty constantly adhered
to by this government, nnd resolved to in
sist on tin* lights ot the United Slates, yet
actnnt d also by tiie same desire which is
avowed by the British government, to re
move all causes ol loisuudurslaiiditig be
tween two nations associated by so many
ties of Interest and kindred, it lias appeared
to me proper not to consider an amicable
Solution hopeless.
There Is, however, reason to apprehend
tint, with Great Britain in (lie actual occu
pation ol the disputed territories and tiie
treaty therefore, practically null, so fur as
regards our rights, tills International diffi
culty cannot long remain undetermined,
wiihnnt involving in serious danger tho
friendly relations, which it Is the interest
as well ns tiie doty of both countries to
cherish and preserve. It will nflotd mo
sincere gratification, if future efihrls shall
result in the success, anticipated heretofore
w ith more confidence than tiie aspect of tho
cose permits mu now to entertain.
RECRUITMENT.
' Ono other subject of discussion between
(bo United States and Great Britain has
grown out of tho attempt, which tho exigen
cies of tho war hi which she Isongogerl with
Russia induced Iter to moke, to draw re
cruits tiom the Uniu-d States.
It is (lie traditional and settled policy of
tiie United States to maintain impartial neu
trality during tiie wars which hom time to
time, occur among (hn great powers of the
world. Performing ullilie duties of neu
trality towards tho respective beligerent
States, ne may reasonably expect them not
to interfere with our lawful enjoyment ol its
bunedtH. Notwithstanding (lie existence of
such hostilities, our citizens retain the in
(ihidnal right to continue all their accus
tomed pm-Aiiiis. by laud or by sen. at liutno
or abroad subject indy to such restrictions
in tins relation us the li.ws of war. Ihe usage
<>( nations or special treaties may Impose;
and it in our am *• reign rigid that onr terri
tory ami jurisdiction mIihII not be invaded
by either ol (lie beligerent parlies, for tiie
Irm.mi of their arniieH. Ihe o|KT.>tions ol
their fleets, the levy ot troops tor I heir ser
vice, the tilling out of ernisei* by oragainst
either, or any other act <>r incident ot war.
And these undeniable rights ol neutrality,
individual and national, (ho United Slates
will, under no circumstances, surrender.
l ii pursuance <>f this policy, tlie laws of
tlic Untied SlntcH do nut lorhid tlieircili
tuiiB to sell to either of ihe ludligeifiit pow
ers articles, contraband of war. or to lake
munitions of war or soldier* on hoard their
private ships for transportation, and al
though, In so doing, (he individual citir.cn
exposes his property or portion to aonie of
the Imznids of wur. his nets do not involve
any breach id national neutrality, nor of
thenmd ve» implicate tile government. Tims,
during the progress of the present war in
Europif, our citizens have, without national
responsibility therefore, sold gunpowder and
arms to all buyers, regardless of the desti
nation of (hose articles. Onr merchant
men have been, and still continue to he
largely employed by Grunt Britain and
France, in liansporting hoops, provisions,
mid munitions of war to (lie principal sent
of military operations, and in bringing home
(heir sick and wounded soldiers, hut such
usu of our mercantile murine is not Inter
dicted either by the international, or by our
municipal law, and therefore does not com
proinil our ticiilral relations with Hussia.
But our municipal law, in accordance w ilh
the law ol nnllons. peremptorily forbids, md
only foreigners, but our own citizens, to (it
out, within the limits of the United Stales,
a vessel to commit hostilities against any
State with which thu United Slates are ut
pcucu, or lo increase (lie force of any for
eign armed vessel intended fur such hostili
ties against a friendly Statu.
Whatever concern may have been felt by
cither ofllio belligerent powers lest private
armed cruisers, or other vessels, in the ser
vice of one, might be fitted out In the ports
of this country to depredate on thu properly
of thu other, all such fears have proved to
bo utterly groundless. Out citizens have
been withheld from any such act or purpose
by good faith, and,by re«P?«l f° r *l»o
While the laws pi Urn Union jiro thus per
emptory in their prohibition of the cqulp
munl or armament of belligerent cruisers in
our ports, tboj* provide not less absolutely
that t.o person shall, within the territory or
Jurisdiction of the United Stales, enlist or
enter himself, or to go beyond the limits nr
Jurisdiction of the United Status with Intent
to !>o enlisted or entered, In the service of
sny foreign state, either as a soldier, or ssa
marine or seaman on board of any vessel of
war, letter of marque, or privateer. And
these enactments are also in strict conform
ity with the law of nations, which deolar* s,
that no state has the right to raise troops
tor land or soa service In anothurstatu with
out its consent, and that, whether forbidden
by the municipal Iqw or not, thu very at
tempt to do it, without, such consent, Is an
attack on the national sovereignty,
Such being (ho public rights and the mu
nicipal law of the United States, no solici
tude on the subject was entertained by this
government, when, a year since, the British
Parliament passed an act to provide for tho
enlistment of foreigners in the military sor
“OUR COUNTRY—MAT IT ALWAYS BE RtOHT —BUT Riant OR WRONG, OUR COUNTRY.”
vice of Great Britain. Nothing on the face [
oftlionct, or in its public Idstoiy, indica
ted that the British government proposed to
attempt recruitment in the United Stales;
nor did it ever give Intimation of such In
tention to tills government. It was matter
of surprise, therefore, to find, subsequently,
llmt the engagement of persons within (lie
United States to prececal to Halifax, in the
British province ol Nova Scotia, nnd there
enlist In Hie service of Great Britain, was
going on extensively, with little or no dis
guise. Ordinary legal steps were imme
diately taken to arrest and punish parties
concerned, and so put an end to acts Infring
ing tiie municipal law nnd derogatory to
our sovereignty. Meanwhile suitable rep
resentations on tiie subject were addressed
to the British Government.
Thereupon It became known, by the ad
mission of the British government itself,
that the attempt to draw recruits from this
country originated with it, or at least had
its approval nnd sanction; but it also ap
peared that the public agents engaged in it
bod “ stringent Instructions” not to violate
Lite municipal law of Ihe United States.
It is difficult to understand bow it should
have been supposed that troops could bo
raised here by Great Britain, without viola
tion of tiie municipal law. The unmistaka
ble object of tbe law whs to pro unt every
such act, which, if performed, must be eith
er in violation ot the law, or in studied eva
sion ot it; and in either alternative, the net
done would bo alike injurious to tiio sov
ereignty of the United Staten.
In (lie meantime, the matter acquired ad
ditional importance, by their recruitments
in the United Statcsnotbeingdlscontinucd,
and tiio disclosure of tiie fact Unit (bey were
prosecuted upon n systematic plan devised
by official authority ; that recruiting rendez
vous had been opened in onr principal ci
ties, and depots tor tiie reception of recruits
established on our frontier; and the "hole
business conducted under the supervision
and by tbe regular co-operation of British
officers, civil and military, some in the
North American provinces, and some in tiie
United Stales. Tiie complicity of those of
ficers in an undertaking, which could only
be accomplished by defying our laws, throw
ing suspicion over onr attitude of neutrali
ty, and disregarding onr territorial rights,
is conclusively proved by Iho evidence o
lici(ed on the trial of such of their agents as
have been apprehended and convicted.—
Some oftlie officers thus implicated are of
high officiil position and many of them be
yond onr jurisdiction, so that legal proceed
ings could not reach tiie source of (lie mis
chief.
These considerations, and the fact that
the cause of comp! tint was not a mere cas
ual occurrence, but ft deliberate design, en
tered upon with full knowledge of our laws
and national policy, and conducted hy re
sponsible public ftmrliotuirioM. impelled mu
to present tiio case to the Biitlnh govern
ment, in order to secure not only u cessa
tion ol the wrong but its reparation. Tbe
subject is still tinder discussion, tbe result
of which will bo communicated to you in
due timo.
DRITISn AMERICAN RFIXATIONS.
I repeat tho recommendation submitted
to tho lust Congress, that provision bo made
for thu appointment ofa commissioner, ip
connection with Great Britain, to fctirvuy
and establish the boundary line which di
vides Washington Territory from tho con
tiguous British possessions. By reason of
tiie extent and importance of the country in
dispute, there has been imminent d mgei of
collision between tho subjects of Great Bri
tain and tho citizens of (lit* United Slates,
including (heir respective authorities in that
quarter. Tile prospect of a speedy arrange
ment has contributed hitherto to induce on
both sides forbearance to assert by force
wind each claims as a rigid. Continuance
of delay on (lie part of tiie two governments
to act in the matter will increase tin* dan
gers and difficulties ol the controversy.
Misuudeistanding exist as to the extent,
character and v.dne ol I he p. .saesson rights
of the Hudson'» Hat Company and tie- prop
erty ol ihe Puget's S' Agnct.hur.il
Company, reserved in our in-sl) with Or. ut
Britain relative to the Terrilot\ ol
I have reason to believe that a session ol
the rights of both companies lo the United
Slates, which would lie (lie readiest me ms
ot teimmatlng all questions can lie obtain
ed on reasonable terms, nnd with a view to
tin* end. 1 present the subject to the atten
tion ol Congress.
Tiie colony of Newfoundland, having en
acted the laws required by tbe treaty ot the
6lh of Juno, 18>4. is now placed on thu
same fooling. In respect In commercial in
tercourse with tiie United Slates, as the oth
er British North American provinces.
Tho commission, which that treaty con
templated, (or determining the rights of
fishery in rivers and mouths of rivers on thu
coast of the United States and (he British
North American provinces, lias been organ
ized and has commenced its labors ; to com
plete which there is needed further appro
priations for tiie service of another season.
In pursuance of the authority, conferred by
a resolution of the Senate ot tiie United
Slates.’passed on the fid ol March lust, no
tice was given to Denmark, on ihe 141 h day
of April, of thu intention ol this govern
ment to avail itself of the stipulation of the
subsisting convention of friendship, com
merce, and navigation between that King
dom and the United Stales, whereby either
parly might, a Her tun years, terminate tiio
same til tiio expiration o( one year (rum tiie
dale of notice tor Hist purpose.
Tiie considerations w lilch led mo to call
tiio attention ol Congress tu that conven
tion, and induced the Senate tu adopt thu
resolution referred to, still continue in fnl)
force. The convention contains an article,
which, although it does not directly engiae
thu United Stales to submit to the Imposi
tion ot tolls on the veasuls and cargoes of
AmerlcHim passing into or from (he Baltic
sea, during the continuance of the treaty,
yet may, by pusBib{Uty,'bu construed as Im
plying such submission. Tbe exaction of
(hose tolls not being Justified l>y any prin
ciple of international law. It becamo the
right and thu duty of thu United States to
relievo themselves froth (ho implication of
engagement on the subject, eo as lo bo per
fectly free to act in the premises in such
way as their public interests and honor
shall demand.
I remain of tiio opinion that (lie United
States ought not to submit to the payment
el the Sound dues, not so much because of
their amount, which Is a secondary matter,
but because it is In effect the recognition of
the right of Denmark lo treat one of the
great maritime high ways of nations ns a
close sea, and (lie navigation of it as a priv
ilege fur which tribute may bo Imposed
upon (hose who have occasion to use It.
This government, 4 ,0 n • former occasion
not unlike the present, signalized its deter
mination to maintain the freedom oftho
scan, and ol tho grout natural channels of
navigation. The Birbary Suites had, for a
long time, coerced tho payment of tribute
from all nations whoso ships frequented tho
Mediterranean. To Iho last demand of
such payment made by them, Dm United
States, although suffering less by their dep
redations than many other nations, return
ed the explicit answer, that we preferred
war to tribute, and thus opened tho way to
the relief of tho commerce of tiio world
from so ignomincus tsr, to long submitted
CARLISLE, PA,, THURSDAY, JANUARY 10,1856,
to by tho more powerful nations of Europe.
If tiio manner of payment df, the Sound
dues differ from that of the tribute former
ly concedrd-to tho Barbary States, still
their exaction hy Denmark has no belter
foundation in right. Each wss in its origin
nothing but a tax on a common.nfttnr.il right,
extorted by those, who were at that time
able to obstruct tiio free and secure enjoy
ment of it, but who no longer possess that
power. .
Denmark, while resisting our assertion of
tiio freedom of the Bailie Sound and Beits,
has indicated a readiness to make some
new arrangement on (ho, subject, and has
invited tiio governments interested, includ
ing the United States, to bo represented In
a convention to assemble iof itho purpose
of receiving and considering ff proposition,
which she intends to submlt r 4ier the cap
italization oftlie Sonnd dues, and this dis
tribution of the sum to bo paid os commuta
tion among tiie governments.,according to
tiie respective proportions of (heir maritime
commerce tu and from I have
declined in behalf of Ihe-flHlff States to
accept tills invitation, cogent
reasons. One is, (bat Denmark does not
offer to submit to the conventipn tiie ques
tion of hut* right to levy tho Sqand dues.—
A sejond Is. that, if tho convention were
allowed to take cognizance of (hat particu
lar question, still it would not lie compe
tent to deal with tiio 'great international
principle involved, which Rflects the right
in oilier erases of navigitlon and commercial
freedom, as well as that ’of access to tho
Baltic. Above all by the express terms of
tiie proposition. It is contemplated that tiio
consideration of tho Sound dues shall ho
commingled with, and made subordinate to.
a mutter wholly extraneous! the balance of
power qnmng tho governments of Europe.
While, however, rejecting this proposi
tion, and insisting on tiio free trans
it into and from tho Baltic, I have express
ed In Denmark a willingness, on the part of
the United Slates, to share liberally with
other powers in compensating her tor any
advantages which commerce shall hereafter
derive from expenditures made by her for
tho improvement and safety ol the naviga
tion of the Sound or Belts.
I lay before you, herewith, sundry docu
ments on the subject, in which my views
are more fully disclosed. Should no sat
isfactory arrangement he soon concluded,
1 shall again call your attenfioh to tiie sub
ject, with recommendation of such meas
ures as may- appear to bo requind in order
to assert and secure the rightsdftlie United
States, so far ns they are affected by the
pretensions of Denmark-
veanoe.
.lannounco with much gratifitatwo, (bit,
■ since the adjournment of the last Congress,
tiie question, then existing between tills go
vernment and that of France, respecting tho
French consul nt San Francisco, baa been
satisfactorily determined, nnd that tho rela
‘tioiiH of (lie two governments coniinuuto be
of the most friendly nature.
orekob. :
A question, also, which Ims been ponding
for several years between tiie United Staten
and the Kingdom ol Greece, graving outof
the sequestration, by thu puidis authorities
bf that country, of propcrlyfrpelonglng lo
the present American Consul atAthutis, and
UliTcffhad been the subject flfyi'Hf earnest
discussion heretofore, has recently been Mb
(ted to (he sitlsfiction oftho party Interest
ed and of both governments.
With Spain, peaceful relations are still
mai'itiiioeil. and s<>nit* pr-igr -as lias been
made in s. curing (lie reilia sv of wrongs com
plained I'Ctiv this government. Spain lias
not (inl\ disavowed and di.Hippmved Out
conduct of the officers who 111 eg illy seized
and detained (lie stunner Blick Warrior at
Hav-ani. Ittit lus also paid (lie sum claimed
as inil niinity lor the loss thereby inflicted
on cin/ens ol llie United Slates.
In consequence ol » destructive hurricane
which visited Ouli.l in 18(4. the supreme
nnthorilv of ihat island issued a decree,
p-rmitting (lie importation, for (be peiiod
olnlv months, of certain building mated.ils
ami provisions, liee ol doty, lull revoked it
when halt tin- period only bad elapsed, to
the injure of citizens ol the U. Slates, "bo
bid proceeded to >el on (tie I’tilh ot Ihat
decree. Tiie Sp tni-h government refused
irnletnniticalKMi to the parties aggrieved un
til recently, "lien it w.is assented to. pay
ment being premised lu be made so soon us
(he amount due can lie ascertained.
Satisfaction claimed tor tho arrest nnd
search of the steamer El Dorado has notTet
linen accorded, hut there is reason to be
lieve Hint it will be, and that case,-with ol ti
ers. continues to lie urged on thu attention
of (he Spanish government. Ido not aban
don the bop* of concluding with Spain sonic
general arrangement, which, if it do not
wholly prevent the recurrence of difficulties
in Cn ba u ill render I tie in less frequent, nnd
whenever they shall occur facilitate their
more B|>ocdy settlement.
The interposition of this government has
been invoked hy ninny ot ils citizens, on ac
count of injuries dune to their persons and
properly, for which tho Mexican Republic
is responsible. The unhappy situation of
that country, for some time past, has not
allowed its go renunent to give duo consid
eration to claims of private reparation, and
has appeared to call for and Justify some
forbearance in such matters on tho psrt of
Oils government. But, if the revolutionory
movements which Imvo lately occurred in
that Republic, end in thu organization of a
stable government, urgent appeals to its
justice will then lie made, and, it may be
hoped, wilii success, toi tho redress of all
complaints ol onr citizens.
CENTRAL AMERICA.
In regard to tiio American republics,
which, from*thuir proximity, ami other con
siderations. Imvo peculiar relations to tills
government, while It lus boon my constant
aim strictly to observe all tiio obllgotlons of
iMilitlotl friendship and of good neighbor
hood, obstacles to this huvo uriaon In some
ot them from tliolr own Insufficient power
to chock lawless irruptions, which In effect
throws much oftlie tusk on tho U. Stales.
Thus it is Hint tho distracted internal con
dition of tho State of Nicaragua lias roado
it Incumbent on mo to npponl to thu good
faith,of our citizens to abstain from unlaw
ful intervention la its ofiairs, and to adopt
preventive measures to tiio samoond,which,
on a similar occasion, had the beat results
in reassuring thu peace of tiio Mexican
States of Sonora and Lower California,
TREATIES.
Since tiie last session ol Congress, a trea
ty of amity, commerce and navigation, and
for the surrender of fugitive criminals, with
the kingdom of tho Two Sicilies i a treaty
of friendship, commerce and navigation with
Ntoiragua; and a convention of commer
cial reciprocity with the Hawaiian kingdom
have boon negotiated. Tho latter kingdom
and tho State of Nicaragua have also ao
cooded to, a declaration, recognizing ns in
ternational rights (lie principles contained
In the convention between the United
States and,Russia, of (lie 2isd of July*
Those truiuios’nnd conventions will bo laid
before th.o tyr ratification.
. TniAit’aT.
Tiio statement made In my last annual
message, respecting tho anticipated receipts
and oxpondunroa of tiio Treasury, have
boon substantially verified.
It appears from the report of the Soorsla-
ry of the Treasury, that tho receipts during
tho lust fiscal year, ending June BU, 1865,
from all sources, were sixty-five millions
three IhoiiHaud nine hundred and thirty dol
lars ; and that the public expenditures for
the same period, exclusive of payments on
account of tho public debt, amounted to
fifty-six million three hundred and sixty
five thousand three hundred and ninety
three dollars. During (he same period, (lie
payments made In redemption of Hie public
dobt, Including interest and premium,
amounted lo nine million eight hundred ami
forty-four thousand five hundred and twen
ty-eight dollars.
Tho balance in the Treasury at the be
ginning ol the present fiscal year, July 1,
1056, was eighteen million nine hundred
and thirty-one thousand nine hundred and
soventy-six dollars; the receipts tor the
first quarter and the estimated receipts tor
tiie remaining three quarters, amount to
gether, to sixty-seven million nine hundred
and eighteen thousand seven hundred and
thirty four dollars; thus affording in all, as
thu available resources of the current fiscal
year, tho sum of eiglity-six million eight
hundred and fifty-six thousand seven hun
dred and ten dollars.
If, to tiio actual expenditures of the cur
rent fiscal year, bo added Ihe probable ex
penditures fur tiie remaining three quar
ters, as estimated by the Secretary of the
Treasury, the sum total will be seventy-one
million two hundred and twenty six thou
sand eight hundred and forty-six dollars,
thereby leaving an estimated balance in tho
Treasury on July 1, 1850. of fifteen million
six hundred and twenty-tiiree thousand
eight hundred nnd bixty-lbreo dollars and
forty-one cents.
In Hie above estimated expenditures of
(he present lineal year are included three
million dollai* to meet the last instalments
of the ten millions provided fur in (lie late
treaty with Mexico, and seven millions sov
en hundred and fifty thousand dollars ap
propriated on account of the debt due to
Texas, which two suras make an aggregate
amount of ten million seven hundred and
fifty thousand dollars, and reduce the ex
penditures, actual or estimated for ordina
ry objects oftlie year, to tiie sum of sixty
million four hundred and seventy-six thou
sand dollure.
The amount of the public debt, at Hie
commencement of tbe present fiscal year
was forty million five hundred and eighiy
threu thousand six hundred and thirty.one
dollars, and, deduction being made o! sub
sequent payments. Hie whole public debt of
tiie federal government remaining at this
lime is less thin forty million dollars.
Tho remnant of certain oilier government
stocks, amounting to two hundred and forty
three thousand dolliirs referred to in my Inst
message as outstanding, lias since been
paid.
I am fully persuaded Hint it would bo dif
ficult to devise a system superior to that,
by which thu fiscal business of Hie govern
ment is now conducted. Notwithstanding
Hie great numborof agents of collection and
disbursement, it is belelved that tiie checks
and guards provided, including thu require
ment of monthly returns, render it scarcely
possible for any considerable fraud on thu
,D,irt of those agents, or neglect involving
Tiosßard'or soriomt public loss,' to escape
detection. I renew, however! (ho rocoro- -
ihondiiflon, heretofore, made hy mo, of (ho
enactment of a law declaring It felony on
t lie pirt of public officers to insert fiisc on-
Iriui in (heir books of record or account,
or to make false returns, and also requiring
them on the termination of their service lo
deliver to their successors nil books, rec
ords. and other oljecls ol ft public nature
in their custody.
Derived as our public re'cnuo is. in chief
p.Mt, from duties on imports, its magnitude
atbuds gratif) mg evidence ol the prosperi
ty, not ouly of our commerce, but qj Hie
other gieat interests upon which that de
|..n.lj.
Thif principle that all moneys not requir
ed lor the current expenses of the govern
ment should rein,un for active employment
In the hamls«ot Hie people, and Hie cm
acious tact Hi it the annual revenue from all
sources exceeds, by mmy millions of dol
lars, the amount needed for a prudent and
economical adiuioislr.ilion ol public atiuirs,
cannot fail to suggest the propriety of un
early revision and reduction of the tanfl of
duties on imports ll is now so generally
conceded Hi it Ihe purpose of revenue atone
cm justify the imposition ol duties on mi
ports, I but, in readjusting tiie impost table
and schedules, which unquestionably re
quire esHcnli U modifications, a departure
from the present tariff Is not anticipated.
Tho army, during the past year, has born
actively engaged in defending Hi* Indian
frontier. Hie state oftlie service permitting
but few and smalt garrisons in onr perma
nent fortlfloati'.iis. The additional regi
ments authorized at (bo last session ol
Congress have been recruited anti organiz
ed, and a large portion ot Hie troops have
already been sent lo the field. All the du
ties which devolve on Hie military estab
lishment have been satisfactorily performed
aud tbe dangers and prh ations incident to
tbo character ol the service requited of our
troops, have fnniished additional evidence
ol their courage, zeal and capacity to meet
any requisition which Hiolr country may
make upon them. For Ihe details ol Hie
military operations, the distribution of (bo
troops, ami additional provisions required
torlhe military service, I retor to tiie re
port of the Secretary of War and Hie accom
panying documents.
Experience, gathered from events which
have transpired since nfy last annual mes
sage, has tint served to confirm Hie opinion
tlion expressed of the propriety of making
provision, hy a retired list, fbr disabled offi
cers, and for Increased compensation fbr tho
officers retained on the list for active ser
vice. All the reasons which existed, whefr
these measures were recommended on for
mer occasions, continue nithoilt modifica
tion, except so fur as circumstances have
given to some of (hem additional force.
Tiio recommendations, heretofore mode
for ft partial reorganization of the army,
are also renewed. The thorough elemen
tary education given to those officers who
commence their service with the grade of
cadet, qualifies them, too considerable ex
tent, to perform Hie duties ot every arm of
tho service but to give the highest effica
cy to artillery, requires Hie practice and
special study of many years; and it Is not,
Ihurcforo, believed lo be advisable to main
tain, in time of peace, a larger force of Hint
arm Hum can bo usually employed ‘" Hie
duties appertaining to the service of field
and siege artillery.
Tiio duties of Hie stall - In all Its various
branches belong to the movements of troops
and tho efficiency of an army in the field
would materially depend upon the ftbllKy
with which those duties are discharged, ll
is not, ns In Che case oftlie artillery, a spe
ciality, but requires, also, on intimate
knowledge of tho duties of an officer of tho
lino, and It is not doubted that, to complete
the education of on officer lor olflicr tho
line or tho General stall, it Is desirable (h it
lie shall have served In both. With this
view, it was recommended on ft former oc
casion that tho duties of tho staff should bo
mainly performed by details from tho lino ;
and. with convlcllrtn ol tho advantages
which would result from such s change, It
AT 52,00 PER ANNUM,
NO. 31
is again presented for the consideration of
Congress.
The report of the Secretary of the Navy,
herewith submitted exhibits in lull the na
val operations of the past year, together
with the present condition of Hie service,
and it makes suggestions of further legisla
tion, to which your attention is invited.
The construction of the nix steam frig
ates, for which appropriations wore made
by the last Congress, has proceeded in the
most satisfactory manner, and with such ex
pedition, as to warrant the belief that they
will bo ready for service early in the com
ing spring. Important as (his Addition to
our naval force is, it still remains inade
quate to the contingent exigencies of (ho
protection of (he extensive sea coast anil
vast commercial interests of the United
Stales. In view of this fact, and of the ac
knowledged wisdom of the policy ol a grad
ual and systematic increase of the navy, an
appropriation is recommended for the con
struction of six steam sloops of-war.
In regard to (he sti-ps taken in execution
ol the act of Congress to promote the efll
ciency of (he navy, it is unto cessary lor
roe to say more than to express entire con
currence in the observations on tb it subject
presented by the Secretary in his report.
Il will be perceived I*3* the report of the
Post-nuster Gener.il, (li.it (lie gruas expend
iture of the department f>>r the list fisc 1 1
year ivm nine million nine hundred and
sixty-eight thou sand lluee hundred and
forty-two dollars, and the gross receipts
seven million three hundred and forty-two
thousand one hundred and thirty-sis dol
liirs. making an excess of expenditure over
receipts ol tun million six hundred and
twenty six thousand two hundred and six
dollars; and that the cost of mail transporta
tion dnring that year was six hundred and
seventy-four thousand nine hundred and
fifty-two dollars grenlei than the previous
year. Much of the hem y expenditures to
which (he Treasury is thus subjected, is to
be ascribed to the large quantity of print
ed matter conveyed by the mills, either
franked, or liable to no postage by law, or
to very low rates of postage compired with
that charged on letters ; ami to the great
cast of mail service on railroads and by
ocean steamers. The suggestions of the
Postmaster General on the subject deserve
the consideration of Congress.
iim.nion.
Tlic* report of the Secretary of tlie Tnlo
rior will engage your attention, us well for
the useful suggestions it cnt.ims, ns furtho
interest and importance of the su'-jecU to
which they refer.
The aggregate amount of pnb’ic Isnj^W
during the List fiscal year, loomed
itary scrip or land warrants, t ikcu-up under
grants for roads, and selected rot swamp
lands by States, is twenty four million five
hundred and fifty-seven (lions uul four hun
dred and nine acres; of which the portion
sold was fifteen million seven hundred and
twenty-nine thousand five hundred and
twenty-four acres, yielding >" receipts the
sum of eleven million lour hundred and
eighty-five thousand three hundred and
eighty dollars. In the name period of lime,
eight million seven hundred and twenty
three thousand eight hundred and fifty-four
acres have burn surveyed i hut, In consider
ation oniio quantity nlrontty •object to en
try. no additional tracts have been brought
info market.
The peculiar relation o I the general gov
ernment to tin* Dmrici o 1 Columbia renders
It proper Io commend to jour cure not only
its material, but blho its moiul interests,
including educttion. more especially in
those pirtsol th.< district outside of tit®
Cities ot Washington and Greorgolovvti.
The commissioners appointed to revise
and codify the laws of the District have
made sue It progress in the performance of
their task, as to insure its completion in
the lime prescribed by the act ot congress.
Information has recently been received,
that the jicace of the settlements in the Ter
ritories of Oregon an 1 Washington is dis
turbed by hostilities on the part of the In
dians, with indications of extensive combi
nations ol n hostile character among the
tribes In that quarter, the more serious in
their possible effect by reason of the unde
termined foreign interests existing in those
Territories, to which your attention his al
ready been especially invited. Kllicienl
measures ha\e been taken, winch, it is be
lieved. will restore quiet, and alloid piutec
tion lo our citizens.
In tiie Territory of Kansas, llioro hive
been hets prejudicial to good order, but as
jet none hove occurred under circumstan
ces to justify the interposition of the feder
al Executive. Tint could only be in case
of obstruction fo federal taw, or ul oigan
ired resistance to territorial law, assuming
tin l rhinrlcr of insurrection, which, H it
should occur, it would be my dull prompt
ly to ovtncome and suppress Irbemli the
hope, however, that the occurrence of any
such untoward event will b« prevented by
the sound sense ol the people ol tbo Terri
tory. w ho. by its organic law. possessing lbe
rigid lo dt'lvi mine their own domestic insti
tutions, aiu entitbd. while dopmting them
selves peaeelnll), to the lice uxejclse ol
that right, and must be protected in (he en
joyment of it, without Interference on the
part ol the citizens ol any ol the Slates.
Tire southern boundary lino of the Tetri
tnrv lias never been surveyed and estab
lished The rapidly extending settlements
in that region, and the tact that the main
route between Independence, in the State
of Missouri, and New Mexico, is contigu
ous to this line, suggest the prohihililv that
am ha missing questions ot Jurisdiction may
consequently arise. For these and other
considerations, t commend the subject to
j our early attention.
CONSTITt'TION At. Til EOli T Of TIIF OOVEfI SH E!»T.
I have thus passed In review the general
stale of the Union, Including Mich particu
lar concerns of llio federal gov eminent,
whether of domestic or foreign relation, us
it appeared to mo desirable arid useful lo
bring In (he special notice of Congress
Unlike the great Slates of Europe and Asia,
and many of those of America, these Uni
ted States arc vvasling theirslrength neither
in foreign war nor domestic strifb. What
ever of discontent or public dissatisfaction
exists, ia attributable to (ho imperfections
of human nature, or ia incident to all gov
ernments, howover perfeetj which human
wisdom can devise. Such subjects of po
litical agitation, as occupy (ho public mind,
consist to a great extent of exaggeration of
Inevitable evils, or over Real l» social Im
provement, or mere imagination of griev
ances, having lint remote connection with
any oftlic constitutional ructions or duties
of the lederal government. To whatever
extent these questions exhibit a tendency
menacing to the stability of the Constitu
tion or the Integrity of the Union, and no
farther, thoy demand the consideration of
the Executive, and require to ho presented
bj him to Congress.
Before the Thirteen Colonics became ft
confederation of Independent Slates, they
wore associated only by community of trans*
atlnulio origin, by geographical position,
and by the mutual tie of common dcj»en
donco on Great Britain. When that no
was sundered, they severally assumed the
powers and rights of. absolute self I?°'°™'
ment. The municipal and social Institu
tin'* of each. Its laws of and of
personal relation, oven Its political organl*
cation, wore such only as each one chose ta
establish, wholly without interference from
any other. In tho language of the Deeli*
ration of Independence, each State, bad
“ full power to lory war, conclude peace,
contract alliances, establish commerce, and 1
to do all other acts, and things which lode* *
pendent States may of right do.” Tho serf
oral colonics differed In climate, in soil, ld. '
natural productions, in religion, in syste&Lfu
of education, In legislation, and iotheibrmfe,
of political administration; and they con>:
tinned to dlßor In these respects when they,
voluntarily allied themselves as States tt)
carry on the war of tho revolution*
Tho object of that war was to disenthral
the United Colonies from foreign rule r Whlebi
had proved to bo oppressive, and to SBpO*
rate them permanently from the inothefr
country; tho political result was the fonh*
dotion of afedorat republic of tho tree white
men of the colonies, constituted, as they
were, in distinct, and reciprocally indepen* ■?
dent State'Governments. As fbr the inte
jeet races, whether Indian or African, (be
wise and hrnvo statesmen of that dsy, be*
ing engaged in no oxtravogont' echcino of
social change, left them os they wore,-and
thus preserved themselves and their poster*
Itv from the nnnrchy, and tho ever-fcctir**
ring civil wars, which hate prevailed in oth
er revolutionized European colonies of A-
m erica.
When (be confederated States fonnd Ifc
convenient to modify tbecondilions of their
association, by giving to the general gov*
eminent direct access. In some respects,’ to
the people of tho States, instead of-confin
ing It to action on the States as such, they
proceeded to frame tho existing constitu-
tion. adhering steadily to one guiding
thought, which wna, to delegate only snefi
power ns was necessary and proper to tha
execution ot specific purpose?, or, in other
words, to retain ns much as possible, con
sistently with those 1 purposes, of the inde
pendent powers of the Individual States.—
For objects of common defence and seenri
ly. (hey intrusted to the general govern
ment certain carefully defined functions,
leoMiig nil oth-TB as the undclegated right*
of the separate independent Sovereignties.
Such is the constitutional thfeoty of our
government, the practical observance of
wliirh has carried us, and us alone, among
modem republics, through nearly three gen-
orations of time, without the cost of one
drop of Mood shed in civil war.
dnni and concert of action. It has enabled
us to contend .successfully on the battle-field
against foreign foes, has elevated thefeebl*
colonies Into powerful States, and has
nised onr industrial productions, and our
commerce which transports them, to (h*
level of the richest and the greatest nations
of Europe. And the admirable adaptation
of onr political institutions to their objects,
combining local self-government with ag
gregate strength, has established the prac
ticahiliiy of n government like onrs tocover
a continent with confederate States.
The Congress of the United States is. in e 1
fed. that congress of sovereignties, which good -•
nun m the Old World have fought
could never nttaiu. and wl|jch imparls to A
im-rica an exemption from leagues
fur cmmnnn tforJrlrs, the mutual
invaN’ons, nnd-^htgue'’ inspirations after the
balance of power, which convulse from time to
Mine the governments of Europe. Our co-op
erative in the conditions of
nepi confederation prescril>cd by the constlth
tion Onr balance ol power is in the separate
reserved rights of the States, and their equal
representation in the Senate. That independ
ent .sovereignty in every one of the States, with
ns reserved rights of local self-government as
sured to each by their co-equal power in the
Senate, was the fundamental condition of the
constitution. Without ’li the Union would
never have existed. However desirous the lar
ger Stales might be to re-organize the govern
ment so as to give to their popnlalion ita pro
portionate weight in the common counßols.tbey
Knew it was impossible, unless they conceded
io the smaller ones authority “to exercise at
least a negative influence on all the measures of
the government, whether legislative or execu
tive. through their roual representation in tbd
Senate. Indeed, the larger. States themselves
could not have failed to perceive, that the same
power was equally necessary to them, for the
security of their own domestic interests against
the aggregate force of the general government
In a word, the original States went into this
permanent league on the agreed promises, of 1
exerting their common strength for the defence
of the whole, and of all its parts ; but of ut
terly excluding all capability of reciprocal ag
gression Each solemnly bound itself to all
the others, neither to undertake, nor permit,
am encroachment upon, or intermeddling with,
another's reserved rights.
When* it was deemed expedient, particular
rights of the States were expressly guaranteed
by the constiuiiion : but. in all things beside,
these rights were guarded by the limitation of
the powers granted, and by express reservation
of all powers not granted, in the compact of
union. Thus, the great power of taxation was
limited to pm poses of common defence and
general welfare, excluding objects appertain
ing to the local legislation of the several States:
ond those purposes of general welfare Sod com
mon difence weie afterwards deQncd by speci
fic enumeration, as being matters only of core*
lation Ivtivcvn the Stales themselves, or be- 1
tween them and foreign governments, which,
U-cnusc of then common and general nature,
could not be left to the separate control of each
Slate
Of the nrrmnstaneca of local condition, in
lere-t. ami right* in which a portion of the
Slates cniMiinting one great section of the
Union diflered from the rest, and from another
section the most important was the peculiarity
of a laiger relative colored population in the
southern than in the northern States.
A population of ihis cl*- - * held In subjection;
existed in nearly all tlie Stales, but was more
nnnieimiH ami of more serious concernment in
tiie South than in the North, on account of na
tural ilillirencv* of cliniaicand prodhctiOh; And
it wn* foreseen I)mt. for (he same reasons,
while tin* population would dimmish, and;
-ooncr or later, coa.se to exist in some States,
it might met caw m others. The (icculiar char
n.-ier and magnitude of this question of loefti
right' not in material relations omy. but still
more in social ones caused it to enter into the
,|ms-uil Hiipiilatmns of the constitution.
Hence, while the general government, as well
liv the enumerated powers granted to it. as by
those not enumerated and therefore refused to
it. was forbidden lo touch this matter, in the
sense of attack or oflence it was placed under
the general safeguard uf the Union, in the sens*
of defence against either invasion or domestic
violence like nil other local interests of Ihe
several States. Each State expressly Stipula
ted ns well for itself as for each and all of its
citizens and every citizen of etch SthtO, be
came solemnly bound by Ids allegiance to thd
constitution, that any person, held to Bcryicooir
labor in one State, escaping into another .should
not, in consequence of any law or regulation
thereof, be discharged from such service or la
bor, but should be delivered Up pn cUhn of lh«
party lo whom such service or labor tnighv bo
due l>y the laws of his State.
thus, and thus only, oy the reciprocal guar
anty of all the rights of every State against id
tcrurenco on the part of another, teas the pre
sent form of government established by'our
fathers, and transmitted lo us; and by nootb
cr means is it possible for it to exist. If 006
Stale ceases to respect the rights of another,
and obtrusively intermeddles with its loci! ih*
tcrest r—if a portion of tiro States assume 10 Ito*
pose their insiitotiv/ns On the others, or refuse
to fulfill their obligations to tbvro—** • r ® *J®
longer united friendly States, but detracted,
hostile ones with little capacity left of Com
mon advantage, bill abundant means Of recip
rocal injury and mischief.
Practically, it is Immaterial whether
slvo interference between the otates. or deliber
ate refusal on the part of any one of them to
comply with constitutional obligations, ariso
from erroneous conviction or blipd prejudice,
whether it be perpe rated by direction or rridfof
rcctiou. In either case, it is fufl of tbfcatjM
(Concluded oa Fourth Pug**)
With free*