VOL. 46.
AME 111 CAN VOJ.LXTKKIt.
OUBLIBDKD EVEnY THUnSDAY MOUNIXG BY
' ; JOIIX B. BRATTON.
TERMS
SOTSOirxiON.-r-pno,Dollar and Fifty. Cents,: paid
iadvance; Two Dollars if paid within thoyoar;
md Two DoUlirs'und Fifty Cents, if not piiidwiniin
10 Toar.: oTiteßV.terms bo rigidly adhered- to in
,b/t instance. 'No subscription discontinued until
ill arrearages Arc paid Unload dt the option of tbo
'^Advnurrsitukstb— Accompanied by the cash, and
exceeding onor'aquhro, will .be. inserted throe
mes for One Dollar, and Twenty-five cents for each.
Iditional insertion. Those of a.grcator length in
'Joa-PmsTiva— Sach as Hand-hills, Posting-hills,
unplilots", Blanks,,Labels, &o. Ac., executed with
tcuiracy and ivt tho shortest notice.
PRESIDENT’S MESSAGE.
fftow-ciikens of the Senate and 'House of Hep-
yesentdiities : A , ...
Our, deep and heartfelt gratitude is due to
liV Almighty Power which, has bestowed up-
AiuS such varied and numerous blessings
Itorighbut the past year. The general health
country V s been excellent; our harp
ists have been unusually plentiful, and pros-.
>rity smiles throughout the land. Indeed,-
our demerits, we have much
ason to believe, from the past events in our
story, that wo have enjoyed the special pro
ction of Divine Providence ever since our or
tin as a nation. We have been .ckposcd to
laay threatening and alarming difficulties in
tr progress; but on each successive occasion
io impending cloud has. been dissipated at
(10 moment it appeared, ready to burst upon
nr bead, and the danger to our institutions
ias passed away. May wo ever be under the
[Divine guidance and protection 1 -
Whilst it is the duty ofthe President "from
ime to time to give to Congress information 1
f the'state, of the Union," I shall hot refer in
stall to the recent sad and bloody pecurren
nat Harper’s Perry. Still,-', it is proper to
mows that these events, ■ however had and
ruel iu themselves, derive their chief: impor
mco from the apprehension that they are out
j-mptoms of an incurable disease in.the pub
ic mind; which may break out in still more'
angcrous outrages, and terminate, at last, in.
a Open war by the North to: ab(4ish slavery,
i the Soutlu Whilst, for myself, I entertain
o such apprehension, they ought to afford a
ilemn . warning to us all to beware of the np
roaohbf danger. Our Union is a stake of
ich inestimable value as to demand bur con- ■
:ant and. rfatchful vigilance for its preserva-1
ln this view, let mo implore my oouu-'
hymen,-,North and South,', to cultivate'the aii,-
fiont.feelings of mutual forbearance and;gbb,cli
(rill towards" each Other, arid; strive tbvaU&W
iiow'ulivc t’n tlio land. This advice proceeds'
ifoiii the heart of an old public functionary,
jfhose service commenced in the last goncni
iion, among the wise and conservative afates
raen of that day, now nearly all passed avyay,
and whose first and dearest earthly wish is h>
leave his country tranquil, prosperous, united,
and powerful.
, 'We ought to.reflect in this-age; and espe :
oially in "this country, there is an incessant
flux and reflux of public opinion. . Questions
which lii their day assumed a. most tlireaton
ng aspect, Have now nearly-gone from the
nemory of in oil; They are “ volcanoes burn t
ut, and on the liiva arid ashes andsaualm
corim of old eruptions grow the poaoetul Gi
ve,. the cheering vine, and the sustaining
orn.” Such, in my opinion, will proyo. to be
he fate of the 'present sectional excitement,
hould 'tbbsß who ",wisely seek to apply the
Wnedy, continue always to their, (st
arts within,'the pale of the : Constitution, .If
!hia course be, pursued, the existing, agitatum
on tho subject of domestic slavery, like oveiy-;.
tiling human; will have-its day and give place
lb other and loss threatening controversies.—
Public opinion in this country is all-powerful,
and'when it reaches a dangoroub excess upon
any question, the good sense of the people will
furnish the corrective and bring it back with
ib Safe limits, Still, to hasten this auspicious
result, at the present crisis, we ought to re
meinbor.fliafi every rational creature must be
presumed to intend, tlio .natural consequences
of his own teachings. Those who announce
abstract doctrines subversive of tlio Constitu
£ioii and the Union, must not be surprised
should their heated -partisans advance’ one
further, and attempt by violence to carry
those doctrines into practical affect, In tins
iviow of the subject it ought never to ho : for-
Igotten that, however great may have been the,
IpoJiiWl advantages resulting from the Union:
r.fb every oiir common .country, these
Uvould all prove to ho as nothing should the
ijtimo evcr arrive when they cannot ho enjoyed
Ihvithout serious danger to the personal safety
Kof the people of fifteen members of the Con
federacy, If the peace of the domestic fire
side throughout these States should ever he
tfNaded-r4f the mothCrg of families within this
Extensive region should .not he able to retire to
rest ,at night without suffering dreadful appre
hensions of what may bo their own fate and
that of their children before the morning—it
would be vain to recount to such a people the
political , hoheflts which to them from
thb.Uriibn. Self-preservation is the first in
stinct of nature; and therefore any state of
loqicty in which the sword is nil the time sus
oenae’d oypr the heads of the people must at
ijast become intolerable, But X indulge in no
each gloomy forebodings. On the contrary, I
Iririly helibve that the events at Harper’s Fcr-
Susjng the people to pause and reflect
possible peril to their cherished in
1, will bo .the moans, under Proyi
allaying the existing excitement, and
ig future outbreaks of a similar ohor
.’hey will resolve that the Constitu
the Union shall not he endangered
counsels, knowing that, should “ the
..jJ'ho loosed or the, golden howl he
'* * at the fountain,” hnroan pow
nevor reunite the scattered and hos
■ments. 1 , , . t . . -.
ially congratulate you upon the final
mthy the Supremo Court of the Uni
is of the question of . slavery ,in the
ios which had presented ari aspect ,so
■midahlo at thecommencement' of my
rtratiori. The right, has ; been estab
" every citizen to take his property of
f including slaves, into, the’common
ies belonging ooually to all the States,
orifedcraoy, ana to nave it protected
idor the Federal Constitution. Neith
•oss nor a Territorial Legislature, nor
mn power, has'any authority to an
irnpair this vested right. The supremo,
tribunal of the country, which is a oo
branoh of tlio Gbvernrriont, has sanc
id affirmed these principles of constitu
w,so manifestly. jußfinthomselvas,and
calculated to promote peace and bar
pong the States. It is a striking proof
hiso of justice which is inherent in our
that the 1 property in slaves has never
lurried to my any of the.
Territories. Evon ! throughout the' Tate trou
bles in ■ .Kansas There has hot been any at
tempt,-As;! nnxoxpdibfyinformed, to,interfere,
in a singlo 'instance, with the right of the
muster.' Tlad'niiy sixch attempt been made,
thojudiciary would doubtless have.affordod an
adequate remedy.' Should theyfail to do this
hereafter,, it will then bo time' enough to
strengthen their hands by further legislation.
Had-'it been decided that either Congress or
the Territorial Legislature possesses the pow
er to annul or impair the right to property in
slaves, the, evil would bo intolerable. In the
latter event, there .would be a struggle for a
majority of the members of the Legislature at
each successive election, and the sacred rights,
of property held under the Federal Constitu
tion would depend for the time being on the
result. The agitation would thus bo rendered
incessant whilst'the Territorial condition re
mained, and its baneful influence would keep
alive-a dangerous, excitement among the peo
ple of the several States. . . ■
Thus has the status of, a Territory, during
the intermediate period from its first settle
ment until it shall become a State, been irre
vocably fixed by the final decision of the Su
preme Court. Fortunate hr, 3 this been fonjhe,
prosperity'of the Territories, as well as the
tritliquility of the States., Now, emigrants
from the North and the South, the East iihd
the West, will' meet in the Territories on a
common platform, having brought with them
that'species of property .best adapted, in their
own opinion, to promote their welfare. From
natural causes the slavery question will, in
each case, soon virtually settle, itself ; and
before the Territory is prepared for admission
as a State into the Union, this decision, one
way or the other, will have been a foregone
conclusion. ■, Meanwhile, the ‘settlement 0. the
how Territory will proceed without serious in
terruption, and its progress, and prosperity
will not be endangered or retarded by violent
political' struggles.
When in the progress Of events the. inhabi
tants of any Territory shall have reached the
nujnber required to form a State, they will
then proceed, in a, regular manner, andm the
exorcise of the fights of popular sovereignty,
to-form a Constitution preparatory'tO admis
sion into the Union, After this has been done,
tq employ the language pf the. Kanaas-Ne
braska act, they “shall be, received into the;
Union with or without slavery, as their Con
stitution may prescribe at the. time of.theirl
admission.”" This,sound principle has hap-:
pily boon recognized, in soibe‘form or other,:
by an almost unanimous vote of both houses;
of the last Congress. ■.
' All lawful means at my command have been
employed, hr execute tho laws against the Af
rican slave trade. After a' most careful and:
rigorous, examination, of our coasts, and a
thorough investigation of the suliject,; we have
not been able tniliffeover that any slaves have
boon imported into the United Stated except
• Si;Tn, this unlawful enterprise have been ngr;
■■ 'orbiisly 'prosecuted;,"but not with ns union
success as 1 their crimes have deserved. ■ A
number of them arc still under prosecution;'-
Our history proves that the fathers of tlld
Republic, in advance of all other nations,
condemned the African slave trade. It was;
notwithstanding, deemed expedient by; the
framers .of the Constitution to deprive CoU
, gress of the power to prohibit “the migration
or importation of such persons as any of the
States how existing shall think. proper to ad
mit” “ prior' to the year one thousand eight
hundred and eight;” 1 . . .
It-will'bo seen that this: restriction on the
power of Congress was confined to suchJ3tates
only as might think proper to admit the im
portation Of slaves. It did not extend to other
States or to tho .trade carried on abroad, Ao
cordinglyv wo find that so- early as the'22dof
March, 1794,Uongress passed an act imposing
' severe penalties' and punishments upon citi
zens and residents Of tho United States who
; should engage in thistrade between foreign,
i notions. The provisions of this act wore ox
• tended and enforced by tho act of 10th May,
1800. ; '■ ... _ ...
■ / Again ; The States themselves had a clear
right to waive the constitutional privilege in
tended for their benefit, and to prohibit, by
their own, laws, this trade at any time they
thought proper previous to 1808. Several.o
them exercised this right before that period,
and’among them some containing the greatest
number. of slaves. This gave to Congress the
immediate power to act in regard to all such
States, because they themselves -had.removed
the constitutional barrier. Congress accord
ingly passed an act on 28th February, 1803,
“to prevent the importation of certain persons
into certain States whore, by the laws thereof,
their admission is prohibited.” In this man-,
nor the importation of, African slaves into the
United States was, tea groat extent, prohibit
ed some years in advance of 1808.
. As the year 1808 approached, Congress de
termined not to suffer this trade to exist even
for a single day..after they had; the power to
abolish it. On ! the 2d of March, 1807, they
passed an act to take effect “ from and after
the Ist day of January, 1808,” prohibiting
the importation of African slaves into the
United States; This was followed 1 by subse
quent acts of a similar character, to which I
need not specially refer. Such wero'tho prin
ciples n.hd such the practice of our ancestors
more than - fifty years ago in regard to the
African slave trade 1 . 1 . ’, _ ;
It did.not occur to the revered'patriots who
had been delegates to the Convention, and af.
forwards became members of Congress, that
in passing those laws they had, violated the'
Constitution which they had framed with so
much care and, deliberation. They supposed
that to prohibit Congress, in- express terms,’
from exercising a .specified power before on
appointed day, necessarily involved the right
to exercise, this power after that pay had ar;
rived; ’ '~ ' : ' ’ . ■’
■ If this were not tho case, the 'framers of th e
Constitution had expanded much labor in vain.
Had they imagined that Congress would pos
sess no power to prohibit the trade either be
fore or biter 1808, they would not have taken:
so much care to protect the States against the
exorcise of this power before that
Nay, more, they would not have attached such
vast importance to this provision as to have*
excluded it from the possibility of re
peal or amendment, to which other portions*
;of the Constitution were exposed. It would,
then, have been wholly unnecessary to engraft
!on the fifth article of the Constitution, pro
scribing the mode of its own future amende
ment, the proviso, “ that ho amendment which
may be mode priorto the year. one thousand
eight hundred, and eight shall in any manner
aiftot the provision in the Constitution secu
ring to the States the right to .admit the iirt
portation of African slaves "previous to that
period, o ' . ■ .
According to the adverse construction, the
clause itself, on which so much core and dis
cussion' hod been employed by the members
o.g the Convention, was ah absolute nullity
from the beginning, and all that has since
been done under it a'mero usurpation.
It was well and wise to confer'this power on
Congress, because; hod* it been loft to the
“ OUR COUNTRY—MAYAT ALWAYS OK WRONG, QTJR COUNTRY.”
States; its - efficient exercise would Kaye been
impossible. In that event any one State could
have effectually continued,the trade, not only
for itself, but for all the other slaye States,,
though over so much against their will. ’ Auji
why? Because African slaves,' when once
brought within the limits of anyone State, in
accordance with its laws,, cannot, practically
bo excluded from any other State where, sla
very exists.- . Arid even if all the States had
separately passed laws prohibiting the impor
tation of slaves, these , laws would, have failed
of effect for want of a naval force to; capture
the slavers and to guard.the coasts.'. Such a
force no State can employ in time of peace
without the.consent of Congress. - -
: These acts it is believed, have,
with very rare and insignificant exceptions,
accomplished their purpose. Bor a period of
more than half a century there' has been no
perceptible addition to the number rif our do-,
mestic slaves. During this period their ad
vancement in civilization has far surpassed
that of any other portion of tho African race.
The light rind the blessings of Christianity
have been extended to them, and both their
moral and physical conditiori has been greatly
imprhved. , . '■
"Reopen the trade, and }t would be difficult
to determine whether the effect would be more
deleterious on the interests of the, master or
on those of the native-born slave. Of the
evils to. the master, the one most to be dread
ed would be the introduction of wild, heathen
arid ignorant barbarians among the sober, or
derly, and quiet slaves, whose ancestors have
been on the soil for several generations. This
might tend to barbarize, demoralize,, and ex
asperate the whole mass, and produce most
deplorable consequences.
The effect upon the existing slave would, if
possible, bo still more deplorable. At present
he is treated with kindness and humanity.—
Ho is well fed, well clothed, and not over
worked. ' His condition is incoriiparably bet
ter than that of the coolies which modern na
tions of high civilization have employed as a
substitute. for African slaves. Both the phi
lanthrophy and the self-interest-of the master
have combined to produce, this humane result.
But let this trade be reopened, and what will
bo the effect? The same, to a considerable,
extent, as on a neighboring island--tbe only
spot now. on earth whore the African slave
trade is opbnly tolerated: and this in defiance
of solemn treaties with a power
able at-any moment to enforce their execution;.
There the.master, intent, upon present}gain', 1 '
extorts from the slave as much labor as his
physical ’ powers are capable of enduring—
krio'wing that, when death comes to his rcljef,
his place can he supplied at a price reduced
to the lowest point by the competipn of'rival
African slave traders. Should this over bo
the case in our country—which I do not .doom
possible —the present useful character of the,
domestic institution, wherein those.toobld arid
riot overtasked, would undergo an unfortunate
chaiige. The feeling of reciprocal-dependence
and-attaohmorit which now exist botweerimas
ter and slave would bo converted into jnutrial
distrust and.hostility, '
But wo arc obliged as a Christian and irior
al riation to consider, what would be the effect
upon unha'. py Africa itself if wo should reop
en the slave trade. Ths would give the trade
an impulse and extehtion which it has; never
had even in its palmiest days. The numerous
’victiiris required to supply it would convert
the whole slave coast into a perfect Pandemo
nium, for which this country would be hold
responsible in the eyes both of God and; maw..
Its petty tribes would then be constantly eu
gaged in predatory wars .against each other
for the purpose of seizing slaves to' supply
the American market. All hopes of African
- civilization would thus bo ended. , , „ -
i On the other hand, when a market for Af
irican slaves shall no longer be .furnished in-
Cuba, and thus all the world bo closed against'
this trade, we may then indulge a reasonable
hope for the gradual improvement of Africa.,
The chief motive of -war among the tribes will
. cease whenever thei’O is no longer any demand ,
for slaves. 1; The resources of that fertile but |
;miserable country might thori be. developed by |
the hand of industry and’afford.subjects for,
-legitimate foreign and domestic commerce.—
•Iw this manner' Christianity and civilization
may gradually penetrate the existing gloom.
! ;Thp,trisdom-Ofrthe comae pursued by tins'
Hovernmont'-towards /China has been vindica
ted by the event.';' Whilst we Bustainpd.aimu-.
:tnil'' position in the war waged by Great Bri
tain arid France against the Chinese Empire,-
our late minister, in obedience to his instruc
tions, judiciously co-operated with the minis
ters of .those Powers in all peaceful measures
•to secure by treaty the'just concessions de
manded by the interests of foreign commerce.
The result is that satisfactory treaties have
been concluded with China by the respective
minhtors of the United States, Great Britain,
France, and Russia. Our “ treaty, or general
convention of peace, airiity, and commerce,
with that empire was concluded at Tien-tsm
on the 18th Juno, 1858; and was ratified by
•the President, by and with the advice and con
sent of tho Senate, on the 21st December fol.
On the isth December, 1858, JolmE. Ward,
a distinguished citizen of Georgia, was duly
commissioned as envoy extraordinary and
minister plenipotentiary to China. Ho lett
the United States : or. the {dace of his do tmo
tion- on the Ltb of February, 1859, hearing
with him,the :: tifiod copy of this'treaty, and
, arrived at Shanghao on the 28th of May
■ From thence’ ho proceeded to Peking on the
Ifith Juno, but did, not arrive’ in that city un
til the 27th July.- According to tho toms ot,
- the treaty the ratifications we’re t°. be ex
ohangod ori ’or before the 18th Juno, 1859,—•
■ This was rendered impossible by reasons and
events beyond his control, not necessary to
(detail,; but still it is due,to the Chinese au
i thoritios at Sharighao to state that they al
ways assrired him ho advantage should bo ta
ken of tho delay and this pledge has,boon
faithfully redeemed. , . ■ , ~
On the arrival of Mr. Ward at Peking ho
'requested, an audience of the Emperor to pre
sent his letter of credence. This ho did not
obtain; in consequence of his very proper re
fusal to submit to the huniiliating^cereinonies
required by .the etiquette Of this strange peo-.
pie in approaching their sovereign, .Never
theless, the. interviews oh this question wore
conducted in* the most friendly spirit and with
all duo regard to his personal feelings and the
honor ofrnisbountry. When a presentation
to his Majesty was found to be iuipoasiblo, the
letter of credence from the President was re
ceived' with peculiar* honors by Kwolliarig,
“the Emperor’s prime minister and the sec
ond map in the empire to the Emperor him-.
self. 1 ’ ' The ratifications of the treaty wore af
terwards, on the 16th of August, exchanged
in proper form at Pei-tsang. As the exchange
did hot take * place until after the day’ pro
scribed by the treaty, it! is deemed proper, be
fore its publication, again* to* submit it to tho
Senate.* ..* . •
• It is but simple'justice’to' the' Chinese au
thorities to observe, that, throughout the whole
transaction, they appear to have noted in good
A.,. THURSIUiV JANt'ARt 5. 1«.
Carlisle,
faith and, in a friendly spu-jt towards the Uni
ted States. It is trno been done af
ter their own peculiar fashion j hut wo ought
to regard with alcnicnt evo -tho , ancient cus
toms of an empire riatihg Wick for Uionßands
of years; so far ns this inay ho. consistent with
bur. own national honor.' ■ The conduct Of our
minister on the, occasion .has received my en
tire approbation. , 'VaU
In order to,carry Out the Spirit of this trea
ty, and-to give it'i'uli ef'cct,.,.it became neces
sary to; coriolude two > supplemental 1 conven
tions—the one for the adjustment and satis
faction of the claims of ourtcltizons, and
other to fix the tariff on-imports and exports,"
and to regulate the. transit duties andtrridcof
our merchants with Gbluer This duty was
satisfactorily performed hy'our. late minister.
These conventions hear , date,at-Shanghao on
the Bth November, 1858. Having been con
sidered .in the light iof binding agreements
subsidiary to, the principal treaty, and to: be
carried into execution, without delay, they do
not provide for-any formal ratification Or ex-,
change of ratifications by,the contracting-par
ties. This was riot deemed necessary by the
Chinese, who are already proceeding in good
faith to satisfy the' claims of pur citizens, and,
it is hoped, to carry out tha othor provisions
of-the conventions; ,Still J.thought it:was
proper to submit them to the Senate, by which
they were- ratified ■on the ■ Bcr March, 1859. •
The ratified copiesy however, did riot reach
Shanghae until after they departure of-our
ininister to Pekirig,..and..these conventions
could riot, therefore, bo exchanged at the same
time with the principal treaty.. No doubt is
entertained that they will bo ratified arid ex
changed by the Chinese Govcrment, should
this be thought advisable ; ,but, under the cir
crimstancos ■ presented, I shall ;them
binding, engagements from tlioir date ori, both
parties, and cause them to-be published as
such for the iiifijrhiatiou'and guidririco.bf our.
merchants trading with the Chinese. Empire.
It affords mo 'much satisfaction to inform
you that all our.difficulties with the. Republic
of Paraguay have been satisfactorily adjusted.
It happily did riot- becohiO.' necessary to em
ploy the force for this purpose which Congress
had placed at my command, under their joint
resolution of 2d'June,-18587' On the contra
ry, the .President of that KepiibUc, in a friend-■
ly. spirit, .acceded promptly .to the just ‘and,
reasonable demands of tne Government of the.
United States. Ourriommissionor arrived at
■Assumption, tho capital ofHhe' Republic, on
the-25th of January, 1859,rand left it ori tho
17th of February, having in three weeks ably
and successfully accbmpii B he.d all, the objects
of his iriission. The treaties which he has
concluded will, be immediately submitted to
the .Senate. V'- ‘ ,■" -v;., ■•-V,, _ y.y '■' '
In the view that the employment of .other
than peaceful moans might become necessary
to Obtain -satisfaction”,from,
,whilst our commissioner ascibmlccr tho Tiyors
to , Tlie Navyljopartn'ibritis eri.-,
titled to .great .creJit.fbr the promptness, eflic
ionoy, and economy.with -which this expedi
tion was fitted-out.and conducted, :It Obrisisr
tod of nineteen armed vessels; gi’eat arid saiall;
cai'i'ying.2oo guns arid 2,500-riion, all-under
the command of the, veteran and, gallant &hn
liriok; The entire expenses of the expedition
have been, defrayed.-out of tho ordinary ap
propriations for tho naval service, : except tho
sum of §289,000, applied , to. the purchase of
seven of,the atcamers;, constituting a part of
it, under the authority of the naval appropr
atiori' act of the 3d March Inst. If is believed
that'thoSo steamers are worth more than r their
cost, and they aro;now all usefully rind active
ly oiriployed in the naval service. - .
The apparaneb of so large offeree, fitted out
in such a prompt manner, in, the far distant
waters of the La Plata, and the riduiifnhle
conduct of the officers and men employed in
it, have had a happy effect in favor of our
couritry'throughout all that remote portion of
the world. , .-j •
Qur relations, with the great Empires of
France and Russia, as wMI as with all other
Governmerits oh the continent of Europe,'uri
less wo'may except that of Spain; happily con
tinue to ,be :one of the most friendly- charac
ter. . v:-' .■-
In my last .annual messagfejl presented a
•statement of the uhsatisfaetorr condition of
our relations with Spain ; and ! regret to say
that this has not materially improved. With
out special reference to other claims; even the
Cuban claims,” the payment of which has
been ably urged by our ministers/ arid in
whipß more Biari'a- hundred of - our citizens
are directly, interested; rprimin'unsatisfied,
notwithstanding both their justice and their
amount ,(§128,635 54) had been recognised and
ascertained by the Spanish; Govcnmont itself.
I again recommend that an appropriation be
made “ to bo paid to the Spariish Government
for the purpose of distribution among the clai
marits in. {ho Amistad oaße.” In common
with two,of any predecessors) I ientertriin no
doubt that this is required by our troatywith
Spain of tho. 27th October, 179,5. The failure
to discharge this obligation has been employ
ed. by.'the. Cabinet' of Madrid' as a reSsori
against the settlement of our claims. -
I need not repeat the-arguments .which' I
urged in my last annual , message in favor of
the acquisition of Cuba by fair purchase. My
opinion on that measure remain unchanged.
I, .therefore, again invite, the serious attention
of Congress to this important subject.; With
out a recognition of this policy (on their part,
it will bo almost impossibloto institute uogtf-
Rations with any reasonable prospect of suc
cess;.,■ ,- :
Until a record period- there was good , rea
son to believe' that J should ho' aide to an
nounce to .you 'on tfo present occasion that
our difficulties with Or6at Britain, arising out
of the Clayton and Buiwor.'treaty, had been,
finally adjusted- in a manner alike honorable
and'satisfactory to both-parties. From; cau
ses,.however, which the'British Government
had not anticipated, they have not yet com
pleted treaty arrangements with the Eopub-'
lies of Honduras and Nicaragua, in pursuance
of the understanding between the two Govern
ments. .‘lt is, nevertheless, confidently expec
ted that this good .work will ora. long bo ac
complished. .
' ' Whilst indulging in the 1 hope that no other
subject remained which could disturb tile good
understanding, bo tween the two qountries,'tho
question arising out of, the. adverse claims of
the . parties to the Island of San Juan, under
the Oregon treaty of Xsth' Juno,'lB46, sudden
ly assumed a threatening prominence, - -In
order to prevent unfortunate collision’s on that
remote frontier, the, late Secretary of State, on,
tlio X7th duly, 1855, addressod n note to Mr,.
Oramptoni then British minister at Washing-,
ton,- ’communioating td him a'copy of the
structions which ha {Mr, Maroy);had given;
On the 14th July,, to Governor • Stevens, of
Washington Territory,, haying, a. spooiU : refer
rdneo to an 1 “apprehended Conflict, between our
citizens and the British subjects on the Island
of; San' Juan/’ : To-provont. this.-theGovernpr,
was,instructed " that the-officera f
shouldabstain from all acta on, the diej
puted grounds which ave oaloultitea. ' (
voko any confliotsy Bo,far fts
without implying the .concessions to the an- i
thqrities of Great Britain of nn exclusive right ■
over tho premises. The title ought to be set- 1
tied before either party should attempt to ox- ;
elude the other.by force, or exercise complete :
and exclusive sovereign rights within the fair- ,
ly-disputcd limits,"
In acknowledging the receipt, on tho next
day, of Mr. Marcy’s note, the British ministo
expressed his entire concurrence ‘fin the pro
pruity of tho course recommended to ,the Go
vernor of Washington territory by your (Mr.
Marcy’s) instructions to that officer,” and sta
ting that he liad “ lost no time in transmitting
a copy of that document to tho Governor Ge
neral of British 'North, America,” and, had
“ earnestly recommended to his Excellency to
take such measures as, to him, may appear
best calculated to secure, on the part of, the
British local authorities and the inhabitants
of the neighborhood of the line in question,
tho exercise of the saipe spirit of forbearance
which is inculcated by you (Mr. Marcy) on
the authorities and citizens of the United
States.” _ ■ '
Thus matters roriiaincd upon the faith ot
this.arraugemont until the 9th July last, when
Geri. llarney paid a visit to the Island. He
found'upon it twenty-five American residents
with their families, and also an establishment
of the Hudson’s Bay Company for the pur
pose of raising sheep. A short time before
his arrival One of these residents, had shot an
animal belonging to the company, whilst tres
passing upon his premises, for which, howev
er, he offered to pay twice its value; but that
was refused. Soon after, ‘‘ the chief factor of
the company at Victoria, Mr. Dalles, son-in
law of Governor Douglas, came to tho Island
in the British sloop-of-war Satellite, and threat
ened to take this American (Mr.. Cutler) by
force to Victoria, to ariswer for the trespass ho
had committed. The American seized his
rifle and told Mr. Dalles if any such attempt
was, made he would kill him oil the spot. The
affair then orided.”
: Under these circumstances, the. American
settlors presented.a petition to the General,
“through the United States inspector of cus
toms, Mr.’ Hubbs, to place a force upon the
islarid to protect them frorri the Indians as
well ns the oppressive interference of - tho au
; thorities Of the Hudson Bay , Company atVic
’ toria with their rights as American citizens.”
i The General immediately responded to this
, petition, and ordered Captain George E, Pick
ett, Ninth infantry; “to establish his company
i on Bellevue, or San Juan Island, onsome. sui
table position near . the ; harbor at tho south
. eastern extremity.” This order was promptly
i obeyed, and a military post Was established at
i the place designated. The force was after
ivards increased, so . that by the last return
• the whole number of troops, then on the is
land amounted in the aggregate to six hun-
dred arid niuety-ono,men, ....
;-wWWiUtj;dmrid£.to
'out; occasion to go further into the subject;.
and discuss the weight which ought to bo ate
taelied to tho statements, of the British coloni
al authorities, contesting the accuracy of the
information on which the gallant General act
ed, it was due to him that I should thus present
liis own reasons for issuing the order to Cap
tain Pickett. (Prom those it is quite clear his
objebt was to prevent the British authorities
on Vancouver's island from exorcising jurist
diction over American residents on the Island
of Sari Juan, as, -well as to protect them
against the incursions of tho Inmans.. ,
• Much excitement prevailed for some' time,
throughout that regiort, and serious danger of
collision between the parties was apprehend
ed. . Thb British had a large naval force in
the vicinityand it is but an act of simple
justice to the admiral on that station to state
that ho wisely and discreetly forbore to com
mit any hostile act, but determined to refer
the whole affair to this Government and await
their instructions.
•This aspect Of the matter, in my opinion,
demanded serious attention. It would hat'
been a great calamity for. both nations ha :
they been precipitated into acts of hostility,
not ori the question.of title to tho island, bo'
riierely concerningwhat be its_ CO;
tion during the intervening period whilst tho,'
two Governments might bo employed in. set
tling the question to which of them it belongs.
For this reason Lieutenant General Scott was
despatched on the 17th of September last to
Washington Territory to take immediate com
mand of the United States forces'on the Paci
fic coast should ho deem this necessary. The
main obioct of his mission was to carry out
the'spirit of the Precautionary arrangement
between the late. secretary of State and the
British minister, and thus to preserve the
peace and prevent collision between the Bri
ish arid Americ: n authorities’ponding tie
negotiations between the two Government - .
Entertaining no doubt of the validity of our ,
title, I need scarcely add .that, in any event,
American citizens were to be placed on a
footing at least' as favorable as that of
subjects, it 1 being understood that Captairi
Pickett’s company should remain bn the Is
land. It is proper to observe that, consider
ing the distance from the scone of potion, and
in ignorance of what might have transpired
on the spot before the .General’s_prrival, it
was necessary to leave much to his discretion,
and I aih happy to state the event has proven
that this discretion could not have been in
trusted to move competent bauds. General
Scott has recently returned from his mission,
having successfully accomplished its objects,
and there is ho longer any good: reason to ap
prehend ft collision between the forces of the
two countries during the pendancy of the ex
isting negoeifttious,
I regret to inform you that there has boon
no improvement in tno affairs of Mexico since
my last annual message, and, I am again
obliged, to’ask the earnest attention of Con
gress to the unhappy condition of that Repub
lic. ’ . ■ ■ :
The constituent Congress of Mexico, which
adjourned bn the 17tn of February, 1857,
adopted ft Constitution; ftnd provided for a
popular election. ' This took place-in the fol
lowing July, J1857,] and General Comonfort
was chosen President, almost without oppo
sition, At the same election a now Congress
was chosen, whose first session commenced on
the 10th' of September;’[lBs7.] By the Con
stitution of 1857 the Presidential terra 1 was to
begin on the Ist of December, [1857,] and
’■’riiio for feu l- 1 On that da -- Gener-
j, . facto go
ormnoiit of Mexico. The constitutional Pres-
ident, nevertheless, maintained his' position
with firmness, and was soon established with
his Cabinet at Vera Cruz. Meanwhile, the
government of Zuloaga was earnestly resisted
fn many parts of the Republic, and even,in
the capital, a portion of the army having pro
nounced against it, its functions were declared
terminated, and an, assembly of citizens was
invited for the choice of-a now President:
This-assembly elected General: Miramon,' but
that officer repudiated the plan under which,
ho' was chosen, and Zuloaga was thus restored
to his previous position, lie assumed.it, .how
ever, only to withdraw from it, and Miramon,
having become, by his appointment, “Presi
dent Substitute,” continues, with that title, at
the head of the insurgent party. ;
In my last annual-message I communicated i
to Congress the circumstances under which!
the late minister of the United Stales suspen
ded his official relations with the Central
Government, and withdrew from the country.
It was impassible to maintain friendly inter
course with a government, like that at the
capital, under whose usurped authority wrongs
were constantly committed, but never redres
sed. Ilad this been 'an established govern
ment, with its power of extending, by the
consent of .the people; over the whole of Mexi
co; a resort to hostilities against it would have
been quite justifiable, and necessary.
But the country was a prey to civil war; and
it was hoped that the success of the constitu
tional President might lead to. a condition of
things less injurious to the United States.
This success became so probable that, in Jan
uary last, I employed a reliable agent to visift
Mexico, and report to mo the actual condition
and prospects of the contending parties. In
consequence of his report, and from informa
tion which reached mo from other sources,
favorable to the prospects of tho.constitutioual
cause, I felt justified mappointing a now min
ister to Mexico, who might embrace-the earli
est suitable opportunity of restoring our dip
lomatic relations with that Republic. Bol
tins purpose ,a distinguished citizen of Mary
land was selected, who proceeded on his mis-,
sion' on the Bth of -March last, with discre
tionary authority to recognize the Government
of Presldest Jaurcz, if on his arrival in Mexi
co he should find it entitled to such recognb
tion, according to the established practice of
the United States.. On- the 7th of April fol
lowing, Mr. MeLane presented his credentials
to President Jaurcz, having no hesitation “in
pronouncing the Government of Jaurcz’to bo
the only'existing Government of the Re-,
public.” Ho was cordially, received by the
authorities at Yera Cruz, and they have ever
since manifettsd the most friendly disposition
towards the United States; Unhappily, how
ever, the constitutional Government has
not been able to', establish its power .over
the whole Republic, It is supported by a
large majority of. the States,-,
but there arc imp'ortnnt'pavts>of .‘the:Country'
: rm : wiAw‘^v--vw'-Votc«'mo''.oV)oatcnecH --GcTteval
. Miramon- maintains himself at the capital,
and, in some of the distant provinces there are
military governors, who pay little respect to
the decrees of either Government.' In the
, meantime, the excesses which always attend.
Upon civil war, especially in Mexico, are con
'stantly recurring. . Outrngcs.of the'worst de
scription are committed both upon persons
- and property. There is scarcely any form of
injury which has not been suffered by our
citizens hi Mexico during the last few years.
Wo have been nominally at peace with that
. Republic; but “so far as the interests of our
Commerce, or of our citizens who have visited
the country as merchants, shipmasters, of in
other capacities, are concerned, wo might as
well have been at war.” Rife has been inse
cure, property, unprotected, and trade impos
sible except at,a risk of. loss which prudent
men cannot bo expected to incur. Important
contracts, involving largo expenditures, en
tered into by the Central Government, have
been set at defiance by the local Governments.
Peaceful American residents, occupying their
rightful possessions, haye been suddenly ex
pelled the country, in defiance of treaties, and
;by the mere force of arbitrary power. Even
the coursd of justice has not been safe from
control, and a'recent decree of Miramon per
mits the intervention of Government in all
suits whore either party is a foreigner. Ves
sels of tho United States have been seized
without law, and a consular officer who pro-,
tested against such seizure has been fined and
imprisoned.for disrespect to tho authorities.
Military contributions have been levied in
violation of every principle of right, and the
American who resisted tho lawless demand
has had his property forcibly taken away, and
lias been himself “banished ; - Rrom a conflict
of authority in differed- ■ parts of tho country,
tariff duties which have been paid in one
place have- been exacted over again in another
| place. Large numbers of our citizens have
! boon arrested and imprisoned without any
form of examination or any opportunity for a
hearing, and even when released have only
obtained their liberty after much suffering
and injury, and without any hope of redress.
The wholesale massacre of Crabbo and his
associates without trial in Son6fa;_ a« well as
the seizure and murder of four sick Ameri
cans who had taken shelter in the house of an
American, upon the soil of the United States,
was communicated to Congress at its last ses
sion, Murders of a still more atrocious char
acter have been committed in the very heart
of Mexico, under the authority of Miramon’s
Government, during the present year. Some
of these were only worthy of a barbarous age,
and, if they had not been clearly proven,
j would have seemed impossible in a country
I which'claims to bo civilized. Of this descrip
tion was tho brutal massacre, in April last,
| by order of Gbn. Marquez, of three American
I physicians, who wore seized in tho hospital at
Taoubaya, while attending the sick and the
I dying of both parties, and without trial, as
I without crime, wore hurried away to speedy
oxemtion. . Little loss shocking vyas the fate
of Ormond Chase, who was shot ip Topic on
the 7th of August, by order of the same Alex
ioan general, not only without a trial, but
I without any conjecture by his friends ot tno
'.cause of his arrest. He is represented as a
young man of good character and intelligence,
S fad made numerous friends in Tome by
the courage and humanity which he had dis
played on several trying occasions, pudj^j* l
death was as unexpected as
tp the. whole community. -^|^qffi oi out
the country
i ;of the persona,
in .Mexico;: }, v,-.-.-.,,
istera have- been;
demands for re
ps - Government;;
ily : represented,
:o make their de-:
uouy in tiiia ro
ho only, remedy
.would, meet,the
mm and omphat
ifestation 1 ot .the
he United States,
.850,) and of; its
. -gs, will avail.- I
...are yon that tho universal belief here is,
that there is nothing to be apprehended from-
the Government of tho United States, and that
local Mexican •officials pan commit these out
rages upon American* citizens- with. absolute
impunity." “I hope the President’*’ (wrote
our present minister in * August last,) “ 'will
fool authorized to ask from Congress the pow
er to enter Mexico with the military forces" of
the United States', nt the call of the constitu
tional authorities,’, in order.to'pfotept the b|ti
zeris and the ; treaty, ;.rights of;"thh United
States. Uiiless'such h power is
on.hiin, neither tho one nor the other, will bo
respected in the existing state of anarchy and
disorder, and tho outrages already perpetrated
will never bo chastised; and as I assured you
in my No. 23, all these evils must increase
until every vestige of order and government ■
disappears from the, country.” I have been *
reluctantly led to the same opinion; and, in
justice to my countrymen who. have suffered
wrongs from Mexico, and who may still suffer
them, I feel bound to announce this conclu
sion to Congress. ."■*,
' The case presented, however, is not merely
a case of individual claims* although our just
claims against Mexico have reached a, very,
large amount. Nor is it merely the case of
protection to tho lives and property of the few
Americans who may still remain in Mexico,
although the life and propertyof every Amerj
ican citizen ought to bo sacredly protected in ~
every quarter of the world; but it is* a ques
tion which relates to the future ns well as to
the present and the past, and which involves,,
indirectly at least, the whole; subject of our
duty to Mexico as a neighboring State, The
exerciso.of the power of the United States ht
that country to redress tho wrongs and protect
tho rights of our own citizens is none the less ,
to be desired, because efficient • and necessary
aid may thus be rendered at the same time to’
restore peace and order to, Mexico itself ■ln
the accomplishment of this result, the, people ■
of the United Stales must necessarily feel a,
deep and earnest interest. Mexico ought to
bo a rich and prosperous and powerful repub
lic. She possesses an extensive territory, a
fertile soil, and an incalculable store of min
eral wealth, She occupies an important po
sition between tho Gulf and the ocean for
transit routes and for commerce. Is. it possi
ble that such a country as this oan bo given
up to anarchy aiid ruin without an effort from,
any quarter for its rescue and its safety?
"Will tho commercial nations of the world,
which have so many’interpsts,connected with
it,.remain wholly iuditfereht to such a result?
Can the United States, especially, which plight.
to share most largely in its commercial inters:
course, hljo.w their* immediate neighbor thus
to destroy itself and injure y*Yot,.-with
out support from sonic quarter, it is.impossi
ble to perceive how Mexico can resume hot
position among nations, and enter upon a ca
reer which promises any good results. The
aid Svhich sue requires, .and’ whlcl; tho inter
terests of . all commercial’ countries require
that-ntie'-shDuld'havo, it belongs; lo tliis/Gov-f
eminent to, render, nbt only by virtue of our
neighborhood to Mexico, along whose,territo
ry we have a continuous frontier of nearly a
thousand riiilcs, put by virtue, also, ofpur* os-:
tabliahed policy, Which* is inconsistent with
tho intervention of any European Power, in
the domestic concerns of that ropuhlio. . : .
' The wrongs wliichwo have suffered from Mexico
arc before tbo world, and must deeply impress eve
ry American citizen. A Goyonquent whieh is eitli r .’
or unable or unwilling - to-Vi'ctfrcss such'wrongs, is ■
derelict to its highest • The difficulty.consists’
in selecting nnd'Cnforcihg the remedy; we may id
vain apply, to tbo constitutional Govorumoutat Vera ’
Cruz, although it is well disposed to do us jus
tied, for adequate redress.; ’ Whilst its authority is ac
knowledged in all the important parts and through*
out the sea coasts of the Republic, its power-does
not extend to'the city of Mexico' and the States;,in’,
its vicinity,, where ‘nearly all the recent outrages,
have beeu committed on American'citizens.
must penetrate into the interior before wb can reach;
the offenders, and this can only.be done,bypassing, ’
through the territory' in the occupation-of the Con
stitutional-Government. Thic most acceptable and;
lejist difficult mode of accomplishing the object, will'
.be to apt in concert with-that Government., Theircon-',
sent and their aid might, -I believe, ho obtained; blit
if not, our obligation to protect our own citizens id , •
their just rights, 'secured by treaty, would not bo tho.
leas imperative. For these reasons; I recommend to*
Congress to 1 pass a law ' authorizing, the'President;
under such conditions as they may deem expedient,” •
to employ a sufficient military force to enter Mexi
co for the purpose of obtaining indemnity for the
past and security- for tho future. • I purposely , .
train from any suggestion as to whether this force';
shall consist of regular troops or volunteers, or both:-
This question may bo most appropriately left .to the
decision of Congress. I would merely observe that,-,
should volunteers bo soleotody.sueh a force could, be
easily raised in this country among those who syui--
pathizo with the sufferings, of our unfortunate Tel-’
.low-citizens in Mexico, and with Hie unhappy con-'
dition-of:that-Ilcpublic.—Sueh-an.-apeesaion.,tO-..-thfi-.
forces of the'constitutional .Government would ©mi,-'
ble it soon to reach the city bf Mexico, and extend;
its power over the whole Republic.. In, that event/
thoro is no reason to doubt that tho. just claims of
our citizens, would bo satisfied,' and 'adequate-rc- !
dress obtained for the injuries inflicted upon them;.
Tho constitutional Government have ever evinced tv
strong desire to dq.ua justice, and this might bo,so-'
cured in advance by a preliminary ' treaty.’
It may bo said that thcao measures will, at least.
indirectly, bo inconsistent with our wise and settled,
policy not to interfere in the domestic concerns of,,
foreign nations; Hut docs not, the present case fdir
ly constitute an exception ? An adjoining Repub
lic ,is in a state,of anarchy and confusion from wuibli.
sho bus proved wholly unable to.ostricate herself.—'
She is entirely destitute of tho power to. maintain *
peace upon her borders, or to prevent tho incursions
of baudittiinto our territory. In her fate and in.
hcr fortunc-h-in her power to establish and maintain
a settled Government —-wo have a far deeper inter
est, socially, commercially, and politically, than any
other nation. She is npw a wreck upon the ocean,.
drifting about as she is impelled.by,different-fao
-tions. As a good neighbor, shall wo not extend, tq
her a helping hand to save her ? If Wb .do .pbV, JJ
would not bo surprising should some other nation.:
undertake tho task, and thus force us to jhtor|oro at .
last, under circumstances of increased difficulty, for,
the maintenance of onj* established policy, ;
I repeat the recommendation contained, iiuimyr
last annual message that authority may
tho Fresidontto establish one.or
military posts across, tho .Mexican
and Chahunbua, whcro, the s or.m0 r .m aybo- - nqe
protect the lives and property
ican citizens against’ the
tlous of tho IndiauB,,as woU
that remote region; ;
post at a point
try now almost',
of.the
boliq^o^
—.
, () , dtt>. Boiioj-ftf ,in-&. cQun-> '
M1W ,. 1 . #^,oyvtlie;
«Tpm .oi*r aife,of: it i$
prevented., inoct : piud many*
„ ,8 J^'r.sgasbiuv : --Av-state^fJ*w*r
C Provaila on Jx’wi^
XjUe undjpropoyty are,there .wholly insecure;
population of ( ArizQnii, np\r- numbering. morn •
.Wtf'tan-thousand.souls, ore dbVUtuto of, *
or of any! regular udmjnistra
jjiaticQ,' „ Murder,, rapine, orimoa r ,
aro committed with'.ibipuaity; '.I, therefore/Again.
{Call the atteptionpf/Congroas ti> the, necessity,. far'
lestablisblng a Territorial Gpv'cVnujbnt ovorArlzona.
; ‘ The treaty »vitU Nicaragua of the 16th of Fobru-‘ :
ary/ 1867, to-which! referred in. niy last annual.
message, failed to receive the ratification of tho'
’GoVorumeat of that Jtopublio, for. reasons whiolrt
mcOd|u\>L oiUihterdto,’ A similar treaty
since coucliulcdbc tween .the ;purtio's bearing'
on the 10th March, 1851), wbioh Uas.already. bepti
ratified by the Nioimigua-Congress. ThiswUibo ;
iratnedlately submitted to the Scaatoior
oation. ItS provisions cannot,‘'l think, fail to W ‘
acceptable to the peoplo'of both couhtrieaV : .: c-,. V 7 '-* -
Our olaims against the Government of Cosfa-Kioa..
and Nicaragua-remain unrudressed, though’ they,
arc pressed iu au earnest manner, and not without
hope of success.
1 doom It to bb my duty onee moro enrnestlv to
.1
I
a
f£V
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