IT* AMERICAN VOLUNTEER PUBLISHED EVERT THURSDAY MORNING BV jobit B. Bratton. \ TERMS. , SupsOßiPnoN Ono Dollar and Fifty Cents, Uid'in advance j Two Dollars if paid within the rear- and Two Dollars'and Fifty Cents, if not naid'within the year. These terms will bo rig idly adhered to in every instance. No sub scription discontinued until all arrearages are raid unless at the option of the Editor. - i * by the cask, I on j n ot exceeding one square, will be inserted ! three times for Ono Dollar, and twenty-five cents tor each additional insertion; Those of a great ier lengtii in proportion. Job-Printing— Such as Hand-bills, Posting bill’s, Pamphlets, Blanks, Labels, &c., &c., exe cuted with accuracy and at the shortest notice. President’s Message, Fellow-citizens of the Senate and House oj Representatives When we compare the condition of the coun try at the present day with what it was one year ago,.at the meeting of Congress, we have much reason for gratitude to that Almighty Providence, .which has never failed to. interpose for our relief, at the most critical periods of 'our history. One year ago, the sectional strife between the North and the South on the dan genius subject of slavery, had again become so intense as to threaten the peace and perpetuity [of the confederacy. The application for the Admission of Kansas as a State into the Union, festered this unhappy agitation, and brought Uib 'frlrOlc subject once more before Congress. It was the desire of every patriot that such measures of legislation might be adopted, as Would remove the excitement from the States, and confine it to the Territory where it legiti ihatcly belonged.; Much has been done, I am happy to say, towards the accomplishment of this object, during the last session of Congress. . The supreme Court of the United States had previously decided, that all American, citizens have an equal right to take into the Territories, whatever is held as property under the laws of any of the States, and to hold such property there under the guardianship of the federal con stitution, so long as the territorial condition shall remain. ■ . This is now a welt-establiahed position, and the proceedings of the last session were alone wanting to give it practical effect. The princi ple has been recognized, jn some form or other, by an almost unanimous vote of both ..houses of Congress, that a Territory has a right to come into tlie Union either as a free or a slave State, according to the will of a majority of its people, ¥be just equality of all the Slates has thus been vindicated, and a fruitful source of dangerous dissension among them has been removed. Whilst such has beta the, beneficial tendency of your legislative proceedings outside of Kan sas, their influence has nowhere been so. happy ■as within that Territory itself; Lift, toman- | age and control, its own affairs in its own way, 1 without the pressure of external influence, the revolutionary Topeka organization and .all re sisfence to the territorial government establish ed by Congress, have been ■ finally abandoned. As a ijatural consequence, that Bne Territory now appears to be tranquil and prosperous,and is attracting increasing thousands of irami grants to make it their happy home. The past unfortunate experience of Kansas Jas enforced the lesson so often already taught, o . that rcsislence to lawful authority, under our' form of government, cannot fail in the end to improve disastrous to its authors. Had the peo fc pie of the Territory yielded obedience to the ft laws enacted by their legislature, it would at §-;the present moment have conlained.a large ad ■feiditionhl population of industrious and enter-, lljprising citizens, who have been deterred from g entering its borders by the existence of civil K.eti‘ifraud organized reUellixSHV, i.. Bi,. ft was’ the resistence to rightful authority Hand the persevering attempts to establish a Bkevolnlinnary government under the Topeka which caused the people of Kan |Kas to commit the grave error in refusing.to vote delegates to tlie convention to frame a oon- Hstitution, under a law not denied to be fair and Kjust in its provisions This refusal to.yote has SMrecn the prolific source of all the evils which Khave followed. .In their hostility to the terri- Btorial government, they diaregarded’fche princi ■ pie, absolutely essential to the working of our Kform of government, that a majority of those Ewho vote—pot the majority who remain at Shoiqe, from whatever cause—must decide the iiresult of an election. For this reason, seeking if to take advantage of their own error, they de ll nied the authority of the convention thus clem i ted to frame a constitution. Si I The convention, notwithstanding, proceeded to adopt a constitution unexceptionable in its general features, and providing* fOr the submis sion of the slavery question to a vote of the people, which, in' my opinion, they were bound to do, under the Kansas arid Nebraska act. This was the all-important question which had alone convulsed the Territory ; and jet the' op ponents of the lawful-government, persisting in itheir first error, refrained from exercising their bright to vote, and preferred that slavery should continue, rather than surrender their revolu tionary Topeka organization. \A wiser and hotter spirit seemed to prevail \fore the first Monday of January last, when election was held under the constitution* A ;ity of the people then voted for a Qoyer md other State officers, for a member of •ess, and members of the State Legisla- This election was warmly contested by wo political parties of Kansas, and a grea- Ue was palled than at any previous eleo ■ A large majority of the members of the iaturc elect belonged to - that party which previously refused to vote. The anti-sla party were thus placed in the ascendant, the political power of the State was in iheir rands. Had Congress admitted Kansas :iie Union under the Loeompton conslitu- tiori.the Legislature might, at its very first question -to-a-sote-: I of'the people, whether they would or would not Bre a convention to amend their constitution her on the slavery or any other question, and ve adoptcd all necessary means for giving .Jcdy effect to The will of the majority. Thus Kansas question would have been imuiedi |iMely and finally settled. these circumstances, I submitted to SflSoflgress the eonstitnlion thus framed, with all S’ the officers already elected necessary to put the |gBtate government into operation, accompanied .v'hy a strong recommendation in favor of the e in of Kansas as a State. It the course mg public life I have never performed lial act which, in the retrospect, has af te more heartfelt satisfaction. Its ad could have infliettd no possible injury luman being, whilst it would, within a riod, have restored peace to Kansas and ty to the Union. In that event, the sla testion would ere this have been finally according to the legally expressed will jority of (he voters, and popular sover tVould thus have been vindicated in a ttjonal manner. mydcep convictions pf duty, I could irsued no other course. It is true, that, idividual, I had expressed an opinion, efore and during the session of the con in favor of submitting the remaining ’ of the constitution, as well as that con slavery, to the people. But, acting in icial character, neither myself nor any authority had the power to rejudge the lings of the convention, and declare the lution which it had framed to bea nulli have done this would have been a via: ‘he Kansas and Nebraska act, which Jeffi the people of the Territory “perfectly free , -Idfunn and regulate their domcstic'institutions inlth'eir own way. subject only to the conslitu of the IJnited States.” It would equally violated the great principle of popular eigniy, at the foundation of our insti hs. to deprive the people of the power, if thought proper to exercise it, of confiding legates elected by themselves the trust of a constitution, without requiring them iUnmniH BY JOHN B. BRATTON, VOL. 45. to subject their constituents to the trouble, ex icnse, and delay of a second election. It would lave been in opposition to many precedents in our history, commencing in the very best age of the republic, of the admission of Territories as States into the Union, without a previous vote of the people approving their constitution. It is to be lamented that a question so insig nificant when viewed in its effects on the people of Kansas, whether decided one way or the other, should have kindled such a flame of excitement throughout the country. This reflection may prove to be a lesson of wis dom and of warning for our future guidance. Practically considered,-the question is whether the people of that Territory should first come into the Union and then change any provision in their constitution not agreeable to themselves, or accomplish the very same object by remain ing out of the Union and framing another con stitution in accordance with their will ? In either case, the result would be precisely the same. The only difference in point of fact is, that the object would have been much sooner attained, and the pacification of Kansas more spced.ily effected, had it been admitted as a State during the last session of Congress. My recommendation, however, for-the imme diate admission of Kansas, faffed to meet the approbation of Congress. They deemed it wi ser to adopt a different measure for the settle ment of the question. For my own part, I should have been willing to yield my assent to almost any constitutional measure to accom plish this object.. I, therefore, cordially acqui esced in what has been called the English Com promise. and approved the “Act for the admis- sion of the State of Kansas into the Union,” upon the terms therein prescribed. Under the ordinance which accompanied the Lecomptoh constitution, the people of Kansas had claimed double the quantity of public lands for the support ofcomraon ecliools. which had ever been previously granted-to any State upon entering tlie Union; and alsothe alter nate sections of land for twelve miles oii.cach .side of two railroads, proposed to be construc ted from the northern to the Southern bounda- ry, and iront the eastern to the western boiinda ry, of the Slate. Congress, deeming these claims unreasonable, provided, by the act of Slay 4, 1858, to which I have just referred, for the admission of the State on an equal footing with the original Slates, but “ upon the funda mental condition precedent” that a majority of the people thereof, at an election to be held for that purpose, should, in place of the very large grants of public.lands which they had deman ded under the ordinance, accept suoit grams as had been made to Minnesota and other new Slates. Under this act. should a majority,re ject the proposition offered them, “ it shall be deemed and held that tlie people of Kansas do not desire admission info the Union with said constitution under the conditions set forth in contains a number of inhabitants which, if in said proposition.” In that event, the act au a State, would entitle them to elect a member thorizes the people of the Territory to elect del- of Congress, it shall be the duty, of the Presi egatcs to form a constitution and State govern- dent to cause a census of the inhabitants to be mint for themselves, “ and not be- taken, and if found .sufficient, then by the fore, it is ascertained by a census, duly and le- terms of this afct to authorize them to proceed gaily taken, that the population of said Tcrriio- “in their own way” to frame, a State constitu lory equals or exceeds the ratio of reprcsenta- tion preparatory to admission into, the Union, lion required for_a.Hiemb'eieof-tho Hoots) of Evap_. JLalso.rociimiatiridaliflijui. o, muoinnay-6o resentalives of the Congress. of the United made, to enable the. President to take a census States.” The delegates thus assembled •• shall of the people of Kansas- ■ first detennine by a vote wbethe. it is the wish T,ho, present condition of the Territory of of the people of the proposed State to be admit- Utah, when contrasted with wha ib was ono . , ; . „ nr i if „„ year ago, is asubjectforoougratulation. Itwas ted into the Union at tha ant .if . J £ a ’ state ol J open rebellion, and, cost what shall proceed to for'*« 11 it might, the charactcrof the government re all necessary steps for the establishment.ofa • . „ mt , hjs rebellion should be suppressed State government in conformity with the feder- Mormons compeMwl to yie id obedience, al constitution, After this constitution shall t 0 the constitution and the laws. In older to have been formed. Congress, carrying out the ac conipliah this object, as I.informed you in my principles of popular sovereignty and non-mier- j a st annual message, I appointed anew governor ventkm, have left “ the mode and manner of its iQßtead of Brigham Young; and other fedora! approval or ratification by the people of the pro • officers to take the place of (hose who, consult posed State* 1 to be “ proscribed by law.* 1 and ing their personal safety, had found it necessary ihey 4 ‘ Shall then be admitted into the Union as (p withdraw from the Territory, To protect a State under such constitution thus fairly and these civil officers, and to aid, as a posse, comi legally made, with or without slavery, as said tains , in' the execution ot tho laws in case of constitution may prescribe.* 1 need, I ordered a detachment of the army to ac- An election was held throughout Kansas, in company them to Utah. The necessity for pursuance of the provisions of this act. on the adopting .these “rea m now. den.onst.a ed the rejection, b} a large i j y» p * P pendent sovereign, announcing his purpose to osilion submitted to ihe people by C g resist by force of arms tho entry of tho United , This being the case, they are • now authorize states troops into our own Territory of Utah. — to form another constitution, preparatory toad* Bjr t j iis re q n i ie d all thc.forcos in the Terri mission into the Union, but not until their toiy, to “hold themselves in readiness to march number, as ascertained by a census, shall equal at a moment’s notice to repel any and all such or exceed the ratio required to* elect a member invasion,” and established martial law from its to the House of Representatives. date throughout tho Territory. These proved It is not probable, ip the present state of the to be no idle threats. Forts Bridget and Sup case, that a third constitution can be lawfully ply wore vacated and burnt down by too Mor surras “hSnr Issst designMed-numbo, 1 . Nor is itlo be_presumed that, after their sad experience in 8 J (ho an i ma i s of the United States troops on their territorial laws, they will attempt to marc , set flre , 0 their trains, to burn the constitution m express violation of the piovia grags a > nd t|)e wholo co(intry .before them and on ions of an act of Congress. During the session flnnks to kecp them from sleeping by niglit of 1850, much of the time of Congress was oc- gurp[isoS) an(J t o 'bldokade tho road by foiling copied on the question of admitting Kansas un treeSj and destroying tho fords of rivers, &o. dor tho Topeka constitution. Again, .nearly These orders were promptly and effectually the whole of the last session was devoted to the o b e yad. On tho 4th October, 1857, the Mor. question of its admission under the Leoompton mons captured and burned on Green River, constitution. Surely it is not unreasonable to throe of our supply trains, consisting of seventy require the people of Kansas to wait, before ma- fjvo wagons loaded with provisions and tents for king a ihird attempt, until the number of their the army, and drove away several hundred ani jiihabitanis.sba!] amount to_ninety_-threo thou- mals. This diminished the supply of provisions sand four hundred and twenty. During this so materially that General Johnston was obliged brief period, the harmony of the States, as well to reduce the ration, and even with this prccau as the great business interests of the country, tion, there was only sufficient loft to subsist tho demand that tho people of tho Union shall not troops until tho first ot Juno, for a third time be convulsed by another agita- Our little army short time, and acting mobcd.encqtolaw. Kan- in fc a P drearyi utlse ,ti o( j, an(i inhospitable region, sas will glide into the Lmon without the si g - moro jjj an a tho. uaa nd miles from homo, they test impediment. , . ; passed the severe and inclement winter without This excellent provision, which Congress raurmur< They looked forward with confl.’ have applied to Kansas, ought to be extended donee for relief from their country in duo sed and rendered applicable to all Territories which aon> and j n this they were not disappointed., I may hereafter seek adinision inio the Union.- The Secretary ol War employed all his enel Whilst Congress possess the undoubted pow- gj o B to forward them the necessary stipplicS, or of admitting a new State into the Union, to muster and send amllltafy fofee to Vjg however small may be the number of its inhab* as would render aWnstanco on the parf of tj Hants, yet this power ought not, in my opin- Mormons hopaloqnand thus termlnalo their ion, to be exercised before ihe population shall without the blood. In his amount to the ratio required by the act for the was efficiently sustained by Congress. JR' admission of Kansas. Had this been previous* granted appropriations sufficient to Cov«« Iv the rule, the country would have escapedall deficiency thus necessarily created,and alfr* the evils and misfortunes to which it has. been vidod for raising two regiments of voluffr exposed by the Kansas question. .‘‘(or tho purpose of quelhng disturbance# I ujr •r.rt.tivi uniiici tn. . thia Remtory of Utah, for the protection o®pr Of course, it wo J g , and emigrant trains, and tho suppression rule a retrospective application, and exclude a dian hoalUitiea on the frontiers.” HapJlh' Slate which, acting upon the past practice of waj n 0 occas i on ( 0 ca n these regimjß I 1 I the government, has already formed its consu- ao pvico. If tliei'o had boon, I shotildJr o ' I tution, elected its legislative and other officers, serious embarrassment in solectingJFm, and is now prepared to enter the Union. groat was the number of our brave The rule ought to be adopted, whether we citizens anxious to servo their cou# in consider its bearing on the people of the Terri, distant and apparently dangerous cif dio lories or upon the people of the existing States. Thus it has ever boon, and thus mafwer Many of the serious dissensions which have Tho wisdom and economy of sendpmoi prevailed in Congress and ihroughout theconn-. reinforcements to Utah are cstabjif not try would have been avoided, had this rule , by the event, but in the opinion <#oso been established at an earlier period of the gov j j™. »^^‘lgmont.- lmmediately upon the formation of a new Territory, people from different Slates and from g r | d „ 01 . u „do r date of Oetohesfi 1857, ox. foreign countries rush into it. for the laudiblc pfoS3e3 the opinion that “unlosfitrgo lurco is purpose of improving their condition. Their sen t h or o from tho uaturo of t®tiutry, apro flrst duty to themselves is to open and cultivate , rac t e d war on their [tho MoflPs] I ,ar ‘ is. m farms, to construct roads, to establish schools. ov itable.” This ho conaidenpocessary, to to erect places of religious worship, and to de- terminate tho war ‘‘speedily JP oro econo un vote their energies generally to ruolaim the wil- cally than if attempted by in®‘ ent meana derncss and 10 lav the foinidaiioiis of ft flourish- In tho moan time, it was Jh n * l 0 “““ ® log and prosperous commonwealth. If, in this thal tho Mormons should yim ® .incipient condition, with a population of a few j constitution and tho laws, \jp u , S thousand, they should prematurely enter the Union, they are oppressed by the burden of State taxation, and the means necessary for the improvement of the Territory and the advance ment of their.own interests, are thus diverted 10 very different purposes. The federal government has ever been a lib eral parent to the Territories, and a generous contributor to the useful enterprises of the ear ly settlers. It has paid the expenses of their governments and legislative assemblies out of the common treasury, and thus relieved them from a heavy charge. Under these circum stances, nothing can be better calculated to re tard their material progress, than to divert them from their useful employments, by prematurely exciting angry poltical contests among them, selves, for the benfll of aspiring leaders. It is surely no hardship for embryo governors, sena tors, and members ol Congress, to wait until the number of inhabitants shall equal those of a single congressional district. They surely ought not to be permitted to rush intolhe Un ion, with a population less than one-half of sev oral of the large counties in the interior of some of the States. This was the condition of Kan sas when it made application to be admitted under the Topeka constitution. Besides, it re quires some time' to render the mass of a popu lation collected in a new Territory, at all homo geneous, and to unite them on anything like a .fixed policy. Establish the rule,"and all will look forward to it and govern themselves accor dingly. But justice to the people of the several Stales requires that this rule should be'established by Congress. Each State is entitled to two sen- ■ ators and at least one representative in Con gress. Should the people of the States fail to elect a Vice President, the power devolves upon the Senate to select this officer frotn the iwo highest candidates on the list. Incase of the death of the President, the,Vine President thus elected by the Senate, becomes President of the United Slates. On all questions df legislation; the Senators from the smallest Slates of the Union.haveian equal vote with those of the lar gest' The same may be said in regard to the ratification of treaties, anti of Executive ap pointments. All this lias worked admirably in practice, whilst it conforms in principle wiih the character of a. government instituted by sovereign States. I presume no American citi zen would,desire the slightest change in.the ar rangement. Still, is it not unjust and unequal to the existing States to invest some forty or fifty thousand people collected in a Territory with the attributes of sovereignty, and jrlaoe .them on an equal footing witii Virginia and New York in the Senate of the United States? For these reasons, I earnestly recommend the passage of a general act, which shall provide that upon the application Of a territorial legis lature, declaring their belief that the Territory “OUR QOUNTIir —MAT IT ALWAYS BK "RIGHT-—BUT RIGHT OR WRONG, OUR COUNTRY.” CARLISLE, PA., THURSDAY, bECEMBER 16, 1858. necessary to resort to military force. To aid in accomplishing this object, I deemed it advisable in April last, to despatch two distinguished citi zena of the United States, Messrs, Powell and McCulloch, to Utah.. They boro with them a ■proclamation addressed by myself to the inhabi tants of Utah, dated on the Oth day of that month, warning them of their true condition, and how hopeless it was on their part to persist in rebellion against the United States, and ot tering all those who shouldsubmit to the laws a full pardon tor their past seditions and treasons. At the'same time, 1 assured those who should persist in rebellion against;tho United States, that they must expect no further lenity, but look to bo rigorously dealt withtaccording to their deserts. The instructions to these agents, as well ns a copy of the proclamation, and their reports, fire herewith submitted, it will bo seen by their report of, the 8d ot;,July last, thnjl they have fully confirmed the opinion expressed by General Johnston in the previous October, as to the necessity of sending reinforcements to Utah. In this they state, that they T‘arc firmly impres sed with the belief that the presence of the army heroand the largo addiiionaldorce that had been ordered to this Territory, wore the chief induce, ments that caused the Mormons to abandon the idea ■ of resisting the authority of the United States. A less decisive policy would probably have resulted in a long, bloody, and expensive war.” ■{? • ■ , These gentlemen conducted themselves to my entire satisfaction, arid rendered useful services in executing the humane intentions of the gov ernment. ’ . It also a (lords mo great sajjsfaction to state, that Gov. Gumming has performed his duty in dn able and conciliatory rnarijier, and with the happiest effect. Iconnot; in fills connection, refrain from mentioning theivaluablo services of Col. Thomas L. Kano, who, from motives of pine benevolence, arid without any ollicial char acter or pecuniary compensation, visited Utah during the last inclement'winter, for the pur pose of contributing to the pacification of the Territory. ■ t . I am happy to inform you, that the Governor and other civil officers of Utph, are now per forming their appropriate functions without re sistance. The authority of the constitution and the laws has been hilly restored, and peace pre vails throughout the Territory). A portion of the troops sent to Utah are now encamped in Cedar valley, 44’ miles southwest of Salt Lake City; and the remainder have been ordered to Oregon to suppressihdian hostilities.- The inarch ot the . army tot Salt Lake Oily, through the Indian had a power ful. effect in restraining they hostile feelings against the United States, whl£ii. existed among the Indians in that region, and in securing emi grants to the far west against thhir depredations. This will also be the means of.establishing mili tary posts and proinotirig settlements along the route. I recommend that the benefits of our hind laws and‘pre-emption system! be extended to tho people of Utah, by the establishment of a laud office in that Territory:. V I have occasion, also, to ciferatulate you on tho result of our negotiations wth Chinn. You were informed by my lasVipminl message, that our minister had been instftetod to occupy a neutral position in the hostijfes,-conducted ■by Great Britain mu! I--'.-- I '-— ~ Ho was, iiowleyor, at the samejime, directed to “ctr-opcraTe cordially with tliaßtitish and French ministers, in all'peaceful mtfyiiires to secure by treaty those, just concessions to foreign, com. nicjce, - .which the' nations oufhe world had'al fight to demand. It was iiiijpssiblo forme to I proceed further than this, on fy own authority, without usurping the war-makhg power, which, under tho constitution, bolorip exclusively ,to Congress. s ' . J Besides, after a careful elimination pf the nature and extent of our grietinces,! did not believe they were of such a pifesing and aggra vated character, as would hast, justified Con gress in declaring war againstthe Chinese em pire, without first making anther earnest at. tempt to adjust them by peace}!,negotiation.- I was tho more inclined to thisijiinion, because of the severe chastisement wljsh had then but recently been inflicted upon thjChincse by our squadron, in tho capture and djtrnction of the Barrier forts, to avenge an allted insult to our II g. f Tho event has proved the of our neu trality. Our minister has exerited his instruc tions With eminent skill andjoility. In con junction with the Russian plpipotentiary, ho has peacefully, but effbctuailySo-operatod with the English and French plenioientiaries; and each of the four powers has included a sepa rate treaty with China, of a lAh.lv satisfactory character. The treaty conclued by our own plenipotentiary will iimnediatpi bo submitted to tho Senate. li I am happy to announce tl|, through the energetic yet of our consul general in Japan, a now treaty fs been conclu ded with that empire, which ay bo expected materially to augment our IradJfud intercourse in that, quarter, and remove fijn our country men the disabilities which ha> heretofore been imposed upon the exercise otheir religion.— The treaty shall be submittedothe Senate for approval without delay. It is ray earnest desire tha every misnndor. standing with the govrirnmonof Great Britain, shouldjbe amicably and spolily adjusted. It has bjin tho misfortune of oth countries, al. most jver since the period othe revolution, to IWivojioen annoyed by a suecssion of irritating and/dangcrous questions, ihreatening tlicir frioflly relations. This liaaiarllally prevented thofHl development of Ihpsileelingsof riautual IVieidsliip between the poop) of tho two coun tr/«, so natural in thcmselvs and so conducive tdlieir common interest. 4ny serious intor tStion of the commerce btwoon tho United Sites and Great Britain, wuld be equally in. Jrious to both. In fact, o two nations have JJ-er existed on the face -f the earth, which f onld do each other so muli good or so much larm. . ■ Entertaining these sentinents, I am gratified ;o inform you, that the long-iending controversy I between the two gbvernmens, in relation to the question of visitation and sarclqlias been ami cably adjusted. The claiinon tho part of Groat Britain, forcibly to visit .American vessels on tho high seas in time of jeaco, could not bo sustained under the law of nations, and It had li? been overruled b}* her own nost eminent jurists. F This question was rocontlv brought to an (ssuo, e by tho repeated acts of British ,cruisers, in ! - boarding and searching ou‘ merchant vessels in rs i the Gulf ot Mexico and fbe adjacent seas.— Im These acts were the more injurious and annoy ny ing, as' these waters are iravorsed by a largo n- portion of tho commerce and navigation of the ,r 0 United States, and their free and unrestricted to use is essential to the seenfity of the coastwise f°tt trade between different Slates of the Union— Such vexatious interruptions could not fail to otic excite tho feelings of tho country, and to ro this quire the inteiposition of the government. Ro monstrances wore addressed to tho British gov be! ernment against these violations of our rights lent of sovereignty, and a naval force was at tho same only time ordered to tho Cuban waters, with diroo who, tiolis “to protect all vessels of the United States •e the on the high sons, from search or detention by tlie vessels-of-war of any other nation.'’ .These measures received the unqualified and oven en thusiastic approbation of the American people. Most fortunately, however, no collision took place, and (lie British government promptly avowed its recognition of tho of in ternational law upon this subject, ns laid down by the government of the United States, in the note of tho Secretary of State to thq British minister at Washington, of April 10,1858, which secure tho vessels of tho United States upon tho high seas from visitation or search in time of p'oacoj under any circumstances whatever. The 1 0 Imitffr. claim baa been abandoned in a manner reflect ing honor on tbo Britiali government, and evin cing a just regard for tbo law of nations, and cannot fail to strengthen the amicable relations between the two countries. Tbo British government, at the same time, proposed to tbo United Stales that some mode should bo adopted, by mutual arrangement be tween the two countries, of a character which may be found effective without being offensive, for verifying tbo nationality tf vessels suspect. ed on good grounds of carrying false colors They have also invited tbo United States to take the Initiative, and proppse measures for this purpose. Whilst declining to assume so grave a responsibility, the Shcrotary of State has informed the British government that wo are ready to'receive any proposals which they may feel disposed to offer, having this object in view, and to consider them in an amicable spirit. A strong opinion is, however, expressed, that the occasional abuse of the flag of any nation, is an evil far less to ho deprecated, than would bo the establishment of any regulations which might bo incompatible with the freedom of the seas.— This government has yet received no communi cation specifying the manner in which the Brit, ish government would propose to carry out their suggestions; and 1 am inclined to believe, that no plan which can be devised, will bo free from , grave embarrassments. Still, I shall form no decided opinion on the subject, until I shall have carefully and iii the best spirit examined tiny proposals which they may think proper to make. , I nni truly sorry I cannot also inform you that the complications between Great Britain and the United States, arising out ol the Clayton and Bnlwor treaty of April, 1850, have been finally adjusted. At the commencement of, your last session, I had reason to hope that, emancipating them selves from further unavailing discussions, the two governments would proceed to settle the Central American questions in a practical man ner, alike honorable and satisfactory to both ; and this hope l have not yet abandoned. In my last annual message, I stated that overtures had been made, by the British government for this purpose, in a friendly spirit, which X' cor dially reciprocated. „ Their proposal Was, to withdraw these questions from direct negotia tion between the two governments; bid to ac complish the same object, by a negotiation be tween the British government and each of the Central American republics whoso territorial interests are immediately involved. The set tlement was to be made in accordance with the general tenor of the interpretation placed upon the Clayton and Bnlwer treaty by the United States;'with certain modifications. As nego. tiafiqn&intq; still pending upon this basis,, it would not bo proper for me now to communicate their, present condition. A final settlement of these .questions is greatly to ho desired, as this would wipe out the last remaining subject of dispute between the two countries. |our relations with the great empires of France anti Russia, ns well ns with nil oilier governments on the continent of Europe, except that of Spain, continue to be of the most friend ly character. \Vith Spain our relations remain in an unsat isfactory condition. In my message of Decem ber last. I b. Torni Von HiuCOUIV envoy L.V ri'T; plenipotentiary to Madrid had asked for hts-recnll.-Bnd -ft - wnsr-my pur pose to send out a new minister to that court with special instructions on all questionspen ding between the two governments, and with a determination to have them speedily and ami cably adjusicd, if that were possible. This purpose lit'.a been hitherto defeated by causes which I need not enumerate. The mission lo Spam has been inlrusted to a distinguished citizens of Kentucky, who will proceed to Madrid without delay, and make another and a final attempt to obtain justice from thai government. Spanish officials, under the direct control of the captain general of Cuba, have insulted our national flag, and, in repeated instances, have from time to time inflicted injuries on the per sons and property of oilr citizens. These have given birth to numerous claims against the Spanish government, the merits of which have been ably discussed for a series of years, by our successive diplomatiarcpresentatives. Not withstanding, this, we have not arrived at a practical result in any single instance,'unless we may except the case of the Black Warrior under the late administration : and that pre- Scntcd an outrage of such a character as would have justified an immediate resort to war. All our attempts to obtain redress have been baf fled and defeated. The frequent and oft-recur ring changes in the Spanish ministry,, have been employed as reasons for delay. We have been compelled to wait, again and again, until the pew minister shall have had time to investi gate the justice of our demands. Even what have been denominated “the Cu ban claims,” in which more than a hundred of our citizens are directly interested, have fur nished no exception! These claims were for the, refunding of duties unjustly exacted from American vessels at different custom-houses in Cuba, so long ago as the year 1844. Theprin- ciples upon which they rest are so manifestly equitable atid just, that after a period of nearly ten years, in 1854. they were recognised by the Spanish government. Proceedings were after-? wards instituted to ascertain their amount, and this was finally fixed according to their own statement;-(witlrwhiclrwe were satisfied) atthe sum of one hundred and twenty-eight thousand six hundred and thirty-five dollars and fifty four cents. Just at fho moment, after a delay of fourteen years, when we had reason to expect that this sum would bo repaid with interest, we have received a proposal offering to refund one-third of that amount, (forty-two thousand eight hundred and. seventy-eight dollars and j but without interest, if we would accept this in full satisfaction. The of fer is, also, accompanied by a declaration that this indemnification is not founded on any rea son of strict justice ; but is made as a special favor. One alleged cause for procrastination in the examination and adjustment of our claims, arises from an obstacle which it is the duty of the Spanish government to remove. Whilst the captain-general of Cuba is invested with general despotic authority in the government of that island, the power is withheld from him to examine and redress wrongs committed by offi cials under his control, on citizens ofthe United States. Instead of making our complaints di rectly to him at Havana, we are obliged to pre- sent them through our minister at Madrid. These are then referred back to the captain- general for information ; and much time is thus consumed in preliminary investigations and correspondence between Madrid and Cuba, be fore tho Spanish government will consent to proceed to negotiation. Many of tho difficulties between the two governments would be obvia- ted, and along train of negotiation avoided, if the captain-general were invested with authority to settle questions of easy solution on the spot, where all the facts are fresh, and could be promptly and satisfactorily ascertained. We have hitherto jn vain urged upon tho Spanish government, to confer this power. Open the cap tain-general; arid onr minister to Spain will Again be instructed to urge this subject on their notice. In this respect, we occupy a dif ferent' position from the powers of Europe. Cuba is almost wi thin sight of our shores; our commerce with it'is far greater .than that of any other nation, including Spain itself, and AT §2,00 PER ANNUM. our citizens are in habits of daily and extended personal intercourse with every part of the is land. It is, therefore, a great grievance that, when any difficulty occurs, no matter how un important, which might be readily settled at the moment, we should be obliged to resort to Madrid, especially when the very first step to be taken there is to refer it back to Cuba. The truth is that Cuba, in its existing coloni al condition, is a constant source of injury and annoyance to the American people. It is the only spot in the civilized world where the Af rican slave-trade is tolerated; and we are bound by treaty with Great Britain, to maintain a naval force on the coast of Africa, at much ex pense both of life and treasure, solely for the purpose of arresting slaves bound to that Is land. The late serious difficulties between the United States and Great Britain respecting the right of search, now so happily terminated, could never have arisen if Cuba had not afford ed a.market for slaves. As long as .this mar ket shall remain open, there can be no hope for the civilization of benighted .Africa. ‘Whilst the demand for slaves continue in Cuba, wars will be waged among the petty and barbarous chiefs in, Africa, for the purpose of seizing sub jects to supply this trade.- In such a condi tion of affairs, it is impossible that the light of civilization and religion can ever penetrate these dark abodes. It has been made known to the world by my predecessors, that the United Slates have, on several occasions, endeavored to acquire Cuba from Spain by honorable negotiation. If this were accomplished, the last relic of the African slave-trade would instantly disappear. We would not, if we could, acquire Cuba in any Other manner. This is due to our national, character. All the territory which wo have acquired since the origin of the government, has been by fair purchase from FrancOj Spain and Mexico, or by the free and voluntary act of the independent State of Texas, In blending her destinies with our own; This course wo shall ever pursue, unless circumstances should occur, which we do not now anticipate, render ing a departure from it clearly justifiable, un: dec the imperative and overruling law of self preservation. The Island of Cuba, from its geographical position, commands the mouth of the Mississi ppi, and the immense and annually-increasing trade, foreign and coastwise, from the valley of that noble river, now embracing half the sover eign Stales of. the Union. With that Island under the dominion of a distant foreign power, this trade, of vital importance to these States, is exposed to the danger of being destroyed in time of war, and it has hitherto been subjected to perpetual injury and annoyance in time of peace. Oiir.relatibns with Spain, which ought to be of the most friendly character, must al ways be placed in jeopardy, whilst the exis ting colonial government over the Island shall remain in its present condition. Whilst the possession, of the Island would be of vast importance to the United States, its value to Spain is, comparatively , unimportant. Such ujtio situation of the parties, - -o-hen the great N i eu- Louisiana: to, the United States. Jealous, ns ho ever was, ■ of the national-honor and. interests of Franco, no person throughout the world, has imputed blame to him; for accepting a pecuniary cqtiiva- j lent for this cession. . • The publicity which has been given to our former negotiations upon “this subject, and the large appropriations which may be required to effect the purpose, render it expedient, before making another attempt to rtfiew the negotia tion, that I should lay the whole subject before Congress. This is especially necessary, ns it may become indispensable to success, that I should be entrusted with the means of making an advance tp the Spanish government immedi ately after the signing of the treaty, without awaiting the ratification of it by the Senate. I am encouraged to make this suggestion, by the example of Mr. Jefferson previous to the pur chase of Louisiana from France, and by that of! Mr. Polk, in view of the acquisition of territo ry from Mexico. I refer the whole subject to Congress, and commend it to their careful con sideration. I repeat the recommendation made in my message of December Inst, in fayor of an appro priation “ to be paid to the Spani.-h govern ment for the purpose of distribution among the claimants, in theAmistad case.'* President Polk first made a - similar recommendation in December, 1847, and it was repeated by my immediate predecessor in December, 1853. I [ entertain no doubt that indemnity is fairly due to these claimants under our treaty with Spain of the 27th October, 1705 ; and whilst deman ding justice we ought to do justice. An appro pn'auon promptly made for this purpose could not fail to exert a favorable influence on bur negotiations with Spain. - Our postion in relation to the independent States south of us on this continent, and espec ially those within the limits of North America, is of a peculiar character. ‘ The norihern boun dary of Alexico is coincident with our own southern boundary from ocean to ocean ; and we must necessarily feel a deep interest in all i that concerns the-well being and the fate of so •near a neighbor. Wo have always cherished the kindest wishes for the success of that re pnblic, and haVe indulgcd Ihe hoyic that iiinight at last, after all its trials, enjoy peace and pros perity under a free and stable government.— We have never -hitherto interfered, directly or indirectly, with its internal affairs, and it is a duty which we owe to ourselves, to protect the integrity of it.- territory against the hostile in terference of any other power. Our geographi cal position, our direct interest in all that, con cerns Alexico. and our well-settled policy in re gard to the North American continent, render this an indispensable duty. Mexico has been in a state of constant revo lution, almost ever since it achieved its indc pendcnce. One military leader after another has usurped the government, in rapid success ion ; and the various constitutions from time to time adopted, have been set-at naught almost’ ns soon as they were proclaimed. The succcs-. ive governments have afforded no adequate pro tection either to Mexican citizens or foreign residents, against lawless violence. Heretofore, n seizure of the capital by a military chieftan, has been generally followed by at least the nom inal submission of the country to his rule for a brief period, but not so at the present crisis of Alexiean affairs. A civil war has been raging for some lime throughout the republic, between the central government at the city of Mexico, which has endeavored to subvert the constitu tion last framed, by military power, and those who maintain the authority of that constitu tion. The antagonist parlies each hold posses sion of different States of the republic, and the fortunes of the war are constantly changing.— Meanwhile, the trioSt reprehensible means have been employed by both parties to extort money from foreigners, as well ns natives, to carry on this.ruinous contest. The truth is, that this fine country, blessed with a productive soil, andia "-benign climate, has been reduced by civ il dissension to a condition of almost hopeless anarchy and imbecility, ftrVould be vain for this government to attempt to enforce payment in money of the claims of American citizens, now amounting to more than ten million dol lars, against Mexico, because she is destitute of all pecuniary means’to satisfy these demands. Our late minister was furnished, with simple powers and instructions for the adjustment of all pending questions with the central govern ment of Mexico, and ho performed his duty 'with zeal andnbility. The claims of our citi zens, some of them arising out of the; violation of an express provision of the treaty of Qatida* lupe Hidalgo, and others from gross injuries to persons ns well as property, hare remained un redressed and even unnoticed. Remonstrances against these grievances, have been addressed without effect to that government. Meantime I in variouiTparts of the Republic, instances have been numerous of the murder, imprisonment, and plunder of our citizens, by different parties claiming and exercising a local jurisdiction; bill the central government, although'repeated-' ly urged thereto, have made no effort either to punish the authors of these outrages, or to pre vent their recurrence. No American citizen can now visit Mexico on lawful business, with out imminent danger to his person and proper ly. There is no adequate protection to cither ; and in this respect our treaty iVith that repub lic is almost a dead letter. This state ol affairs was brought to a crisis in May last, by the promulgation of a decree levy, ing a contribution pro rata upon all the Capital in the republic, between certain specified a mounts, whether held by Mexicans or foreigners. Mr. Forsyth, regarding this decree in the light of a <• forced loan,” formally protested against its application to.his. ooniitbyrifoii, atid advised them not to pay the contribution, but to suffer it to ho forcibly exacted. Acting upon this ad vice, an American citizen refused to pay the contribution, and his property was. seized by armed men to satisfy the anioiliit. Not content with this; the government proceeded still furth. nr, and issued a decree banishing him from the country. Our minister immediately notified them that if this decree should bo carried into execution ho would leel it to bo ids duty to adopt “the most decided measures Hint belong to the powers and obligations ol the represen tative office.”, Notwithstanding this’warning, the banishment was enforced,.and Mr. Forsyth promptly announced to the government thesust> pension of the political relations of his Icgnubh with them, until the pleasure of his own govern ment should bo ascertained. . This government did not regard the confribn tion imposed by the decreed the 15th of May last to bo in strictness a “ foi'ccd loan,” and ns such prohibited by the 10th article of the treaty of 1820 between Groat Britain and Mexico, to ’ tho benefits of ivliicb American Citizens are en titled by treaty ; yet tho imposition of the con tribution upon foreigners whs considered an Un T just and oppressive measure. Besides, internal factions in other parts of tho republic were at tho same time levying similar exactions upon the property of our citizens, and interrupting, their commerce. There bad been gn entire fail ure on the part of our minister, to secure re dress lor tlio wrongs which our citizens had en dured, notwithstanding his persevering eft'ortsi • And from tlie temper manifested by the McSl -0 in government, ho had repeatedly assured us that ho favorable change could Unexpected,un til the United States should “ give striking ovi donee ol their will and power to protect their ■* citizens,” and that “ severe chastening is the only earthly remedy for our grievances.” "From this statement of tacts, if would have been wortb ■ than idle, to direct Mr. Forsytli to retrace his stops and resume diploriiatio relations with that government; and it was, therefore, deemed pro per to sanction his withdrawal of the legation from tho city of Mexico. Abundant cause how undoubtedly exists, for a resort to hostilities against the government ■ still holding possession of the capital. Should . they- succeed in subduing the constitutional forces, all reasonable hope will then have expir ed of a peaceful settlement of our difficulties. On tlio other hand, should tho constitutional party prevail, and their authority be established over .the republic, there is reason to hope that they will ho animated by a less junfriondlyspirit, and may grant that redress to American citizens which justice requires, so far as they may post boss tlio means. But for this expectation, I should at once have recommended to Congroai to grant tho necessary power to the President, to lake possession of a sufficient portion ol tile ■riuncdiuuwl-anecTtleil'teirrUory of Mexico, to ho held in pledge, until onr injuries shall ho roa dressed and our just demands be satisfied. Wti . have already exhausted .every infidel- means of bbtainipgjnstioo. In snob a case, this remedy of reprisals is recognised by the law of nations* not only ns just in itself, but as a means.of prev venting actual war. , But there is another view of otirtelatlohswlfh Mexico, arising from the unhappy condition of affairs along" our southwestern frontier, wbicU demands immediate action. In that remote re. gion, whore there are but few white inhabitants, largo hands of hostile and predatory. Indians roam promiscuously, over the Mexican States of •' Chihuahua and’Sonora, and our adjoining Ter ritories. The local govcrniiiedls of these States are perfectly helpless; and are liepl.ln a state of constant alarimby.tho Indians. They have not . tho power, if ttiey possessed "the will, even 1 to restrain lawless Mexicans from passing tho her. der and committing depredations on our remote settlers. A state of anarchy and Violence pro. vails throughout that distant frontier. TholatvS are a dead letter, and life and property nrb wholly insecure. For this reason the settlement' of Arizona is arrested, whilst it is of great im portance that a chain of inhabitants should ex tend all along its southern border, sufficient lor their own protection and that bi the United States mail passing to and from California. Weil- founded apprehensions iire now entertain ed, that the Indians, and wandering Mexicans equally lawless, may break up the important stage and postal communication recently esta blished between onr Atlantic and Pacific pos sessions. This passes very near to tho Mexican boundary, throughout tho whoio.longth of Ari zona. l ean imagine po possible remedy for these evils, and ho mode 6t restoring law and ’ order bn that remote and unsettled frontieryhut for tho government of the United States to as sume a temporary protectorate over the north orn.portions ofChilinahtlaaDd Sonora, and to establish military posts.within tho same—and this I earnestly recommend to Congress.. This protection may bo withdrawn, ns soon‘as local . governments shall be established in these Mex ican States, capable of performing their duties to the United States,-restraining tho lawless and preserving peace along tlio hordin'. 1 do not doubt that this measure will ho view ed in a friendly spirit by tho governments and people of Chihnahna'and" Spnofa,' as it will prove equally effectual lor thtf protection of their citizens on that remote and lawless iron- ' tier, as for Citizens of tho United States. NO. S 7. And in this connexion, permit me to recall your Attention to the condition of Arizona. The population of that territory, numbering, as is alleged* more than ten thousand* souls, are practically without a government, without laws, and without any regular'administration of jus tice. Murder and other crimes are committed with impunity. This,state of things colli loudly for redress; and I, therefore, repeat my recommendation for the establishment of a territorial government over Arizona. The political condition of the narrow isth mus of Central .America, through which trans it routes pass, between the Atlantic and Pacific , oceans, presents a subject of deep interest to all commercial nations. It is over these trans its, that a targe proportion of the trade and travel between the European and Asiatic con tinents, is destined to pass. To the United States these routes aro of incalculable Impor tance, as a means of communication between their Atlantic and Pacific possessions. The i latter now extend throughout seventeen do. !* grpes .of latitude on, the Pacific coast, embra ; cing the important State of California and -the i -flourishing territories of Oregon and Washing , ton. All commercial nations, therefore, havo a dcop and direct interest, that these. 1 fcommu f nicptlons shall bo rendered secure from Inter-, ruption. If ah arm of the sea, cpnnectlng.two oceans, penetrated through. .Nicaragua and Costa Kica, It could not be prptehded that these States would have tho.rig)it to arrest or retard its navigation, to tho injury of other na (fob's. Tho transit by land over this narrow Isthmus, occupies nearly tho same’position. It is a highway in which they themselves havo tie interest when compared frith tho vast Inter estsof the rest of the frorld. Whilst their righti'of sovereignty Ought to be respected, it is tho duty of other nations, to require, that this important passage should not bo interrup ted, by tho civil wars and revolutionary, out breaks, which havo so frequently occurred in (hat region. Tho stake is too important, to bo loft at tho mercy of rival companies, claiming (ConcZudid on fd fdje.) *
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