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=ME
VOL. LIV.
PRESIDENT'S
MESSAGE.
To the Senate and
House of Representatives:
Fnuow-crrlzENS:—The interest with which
the people of the Republic anticipate the as-
sembling of Congress, and the fulfilment on
that occasion, of the duty imposed upon a new
President, is one of the best evidences of their
capacity to realize the hopes of the founders
of a political system at once complex and
symmetrical. 'While the different branches of
the government are, to a certain extent, inde
pendent of each other, the duties of all, alike,
have direct reference to the source of,power..
Fortunately under this system, no man is so
high A i and none so hilmble, in the scale of pub
lic station, as to escape from the scrutiny, or to
be exempt from the responsibility which - all
official functions imply.
Upon the justice and intelligence of the
masses, in a government thus organized, is the
Sole reliance of the confederacy - , and the only
security for honest and earnest devotion to its
interests, against the usurpations and-encroach
ments of power ou the one hand; and the as
saults. of personal ambition on the other.
The intetest, of which I have spoken, is
inseparable from an inquiring, - self-governing
community, but stimulated, doubtless, at the
present time, by the unsettled condition of our
relations with several foreign powers; by the
new obligations resulting from a sudden ex
telision of the field of enterprize ; by the spirit
with which that field has been entered, and the
amazing energy with which its resources for
Meeting the demands of humanity have been
developed.
. Although disease, -assuming at one time the
characteristics of a wide spread and devasta
ting pestilence, haS left its sad traces upon seine
portions of our country, we have still the most
abundant cause for reverent thankfulness to
God for an accumulation of signal mercies
showered upon us as a nation. It is well that
a conciousness of rapid advancement and in
creasing strength he habitually associated with
an abiding sense of dependence upon Him who
holds in his hands the destiny of men and of
nations.
Recognising the wisdom of the broad princi
ple of absolute religious toleration proclaimed
in our fundamental law, and rejoicing in the
benign influence which it has exerted upon our
social and political condition, I should shrink
from a clear duty, didifail to express my deep
est conviction, that we can place no reliance
upon any apparent progress, if it be not sus
tained by national integrity, resting upon the
great truths affirmed and illustrated by divine
revelation. In the midst of our sorrow for the
afflicted and suffering, it has been consoling to
see how promptly disaster made true neighbors
of districts and cities separated widely from
each other, and cheering to watch the strength
of that common bend of brotherhood, which
unites all hearts, in a ll parts of this Union,
when danger threatens from abroad, or calamity
impends over us at home.
Uur diplomatic relations with foreign powers
have ' undergone no essential change since the
adjournment of last Congress. With some of
them, questions of a disturbing character are
still pending, but there are good reasons to be
lief° that these may all be amicably adjusted.
For some years past, Great Britain has so
construed the first article of the convention
of the 20th of April, 1818, in regard to the
fisheries on the northeastern coast, as to ex
clude our citizens from some of the fishing
grounds, to which they freely resorted for near
ly, a quarter of a century subsequent to the
,date of that treaty. The United States have
acquiesced in this construction, but have al
ways claimed for their fishermen all the rights
Which they had so long enjoyed without moles
tation.
With "a view to remove all difficulties on the
subject, to extend the rights of our fishermen
beyond the limits fixed by the convention of
1818, and to regulate trade between the Unit
ed States and British North American prov
inces, a negotiation has been opened, with a
fair prospect of a favorable result. -To pro
tect our fishermen in the enjoyment of their
rights, and prevent collision between them and
British fishermen, I deemed it expedient to sta
tion a naval force in that quarter ditring the
fishing season.
Embarrasing questions have also arisen be- -
tween the two governments in regard to Cen
tral America. Great Brittain has proposed to
settle them by an amicable arrangement, and
our minister at London is instructed to enter
into negotiations on that subject.
A commission for adjusting the claims of
our citizens'against Great Brtain,i and thoSe
of British subjectsagainst the United States,
organized under the convention of the Bth of
Febuary last is now sitting in London for the
transaction of business.
It is in many respects desireable that the
boundary line between the United States and
the British provinces in the Northwest, as de
signated in the convention of the 15th ofJune,
1846, and especially that part which seperates
the Territory of Washington from the British
possesions on the north, should be traced acid
marked. I therefore present the subject to
your notice.
With France our relations continue on the
most friendly footing. The extensive com
merce between the eStates and that country
might, it is conceived, be released from some
unnecessary restrictions, to the mutal advan
tage of both panties. With a view to this ob
ject, some progress has been made in negoti
ating a treaty of commerce and navigation.
Independently of our valuable trade with
Spain, we have important political relations
with her, growing out of our neighborhood to
the islands of Cuba and Porto Rico, I am hap
py to state that since the last Congress no at
tempts have been made by unauthorised expe
ditions within the U. States, against either of
those colonies. 8 7hould any movement be man
ifested within our limits , all the means at my
-command will be vigorously used to repress it.
Several annoying circumstances have taken
place at Havanna - . or in the vicinity of the Is.
laud of Cuba, between our citizenssund the
Spanish authorities. Considering the proxim
ity of that island to our shores—lying, as it
does, in. the track of trade between some of
our principal cities—and - the suspicious vigi
ilance with which foreign intercourse, partic
ularly that with the United States, is there
guarded, a repetition of such occurrences may
well be apprehended. As no diplomatic inter
ference is allowed between our Consul at Ha
vana and the Captain General of Cuba, ready'
explanations cannot be made, or prompt re
dress afforded, where injury has resulted, All
complaint on the part of our citizens, under
the present arrangement, must be, in the first
place, presented to-this government, and then
referred to Spain. Spain again refers it to
her local authorities in Cuba for investigation,
and postpones an answer till she has heard
from thoseau horities.
To avoid thes irritating and vexatious delays,
a proposition as been made to provide for a
direct appeal or redress to the Captain-General
by our Con , in behalf of our injured .fellow
citizens. hitherto, the government of Spain,
has declined to enter into •any such arrange
ment. This course on her part is deeply re
gretted ; for, without some arrangement of this
kind, the good understanding between the two
countries may be exposed to occasional inter
ruption. Our minister at Madrid is instructed
to renew the proposition, and to press it again
on her Catholic Majesty's government. - -
For several 'years Spain has been calling the
attention of this government to a, claim for los
ses, by some of her Subjects, in the case of the
schooner Amistad. This claim is 'believed to
rest on the obligations imposed by our existing
treaty with that country. Its justice was ad
. mitted,in our diplomotic correspondence with
'
the. Spanish government, as early as March,
1847 ; and one of my predecessors, in his annu
al message of that year, recommended that
provision should be made for its payment. In
January last it was again submitted to Con
gress by the Executive. It has received a fa
vorable consideration by committees of both
branches; but as yet there has been no final ac
tion upon it. I conceive that good faith re
quires its prompt adjustment, and I present it
to your early and favorable consideration.
Martin Koazta,s Hungarian by birth, came to
this country-in 1850, and declared his intention,
in due form of law, to become a citizen of the
United. States. After remaining here nearly
two years, he visited Turkey. While at Smyrna
be was forcibly seized, taken on board an Aus
trian brig of war, then lying In the harbor at
that place, and there confined in irons with the
avowed design to take him into the dominions of
Austria. Our Consul at Smyrna and legation
at Constantinople interposed for his release, but
their efforts wore ineffectual. While thus tm
prisoned ; Commander Ingraham, with the Un
ited States ship St. Louis, arrived at Smyrna,
and after inquiring into the circumstances of the
case, came to the conclusion that Koszta was
entitled to the protection of this government,
and took energetic and prompt measures for his
release. Under an arrangement between the
agents of the United States and of Austria, he
was transferred to the custody of the French
consul.general of Smyrna, there to remain until
be should be disposed of by the mutual agree
ment-of the consuls of the respective govern
ments at that place.
Pursuant to that agreement he has been re
leased, and is now on his way to the U. States.
The Emperdr of Austria has made fhe conduct
of our officers who, took part in this transaction
a subject of giave complaint. Regarding Kusiza
as still his' subject, and claiming a right to seize
him within the limits of the Turkish empire, he
has demanded of this government its consent to
the surrender of the prisoner, a disavowal of the
sets of its agents, and satisfaction for the alleged
outrage. After a careful consideration of the
case, I came to the conclusion that Kostza was
seized withoht legal authority at Symrna: that
he was wrongfully detained on board of the A us•
trian brig olOvar; that at the flume of his seizure
he was ChOLIWI with the nationality of the Uni
ted States; and that the acts of our officers, un•
der the circuthifutuces of the ease, were justifia
ble, and their'eunduct has been fully approved
by me, and a cainpliance with the several de
mands of the Emperor of Austria has been de
clined.
For a more hill account of this transaction and
my views in regard to it, I refer to the corres
pcnidenc • between the charge d'affaires of Aus
tria and,the Secretary of State, which is here•
with transmitted. The principles and policy,
therein maintained on the part of the United
States, will, whenever a proper occasion occurs
be-applied and enforced.
The condition 91 China, at this time, renders
it probable that some important changes will oc
cur in that vast empire, which will lead to a
more unrestricted 'intercourse with it. The
commissioner to that country, who has been re
cently„appointed, is instructed to avail himself
of all occasions to open and extend our commer
cial relations, not only with the empire of Chi
na, but with other Asiatic'natioas.
In 1852 an expedition was sent to Japan, un
der the command of Commodore Perry, for the
purpose of opening commercial intercourse with
that island. Intelligence has been received of
his arrival there, and of his having made known
to the Emperor of Japan the object of his
visit ; but it is not yet ascertained how far the
Emperor will be disposed to abandon his re
strictive policy, and open that populous Country
to a commercial intercourse with the United
States.
It has been my earnest desire to maintain
friendly intercourse with the governments upon
this continent, and to aid them in preserving
good understanding among themselves. With
Mexico, a dispute has arisen as to the true boun
dary line between otir territory of New Mexico
and the Mexican State of Chihuahua. A for- .
mer commissioner of the United States, employ•
ed in running that line pursuant to the treaty of
Guadalupe Hidalgo, made a serious mistake in
determining the initial point on the Rio
Grande; but, inasmueh as his decision was
clearly a departure from the directions for tra
cing the boundary contained in that treaty, and
was not concurred in by the surveyor appoint
ed on tbe part of the U. States, whose concur
rence was necessary to give validity to that de
cision, this government is not concluded there
by ; but that of Mexico takes a different view of
the subject.
There are also other questions of considerable
magnitude pending between the two republics.
Our Minister in Mexico has ample instructions
to adjust them. Negotiations have been opeued
but sufficient progress has not been made there
in to enable me to speak of the probable result.
Impressed with the importance of maintaining
amicable relations with that republic, and of
yielding with liberality to all her just elaims, it
is reasonable to expect that an arrangement mu
tually satisfactory to both countries may be con
eluded, and a lasting friendship between them
confirmed and perpetuated.
Congress having provided for a Lull mission to
the States of Central America, a minister was
sent thither in July last. As yet lie has had time
to visit 'only one of these states, `Nicaragua,)
where he was received in the most friendly
manner. It is hoped that his presence and good
offices will have a benign effect in composins
the discussions which prevail among them, and
in establishing still more intimate and friendly
relations between them respectively, and be
ween each of them and the United States.
i Considering the vast regions of this continent,
and the number of states which would be
made by the free navigation of the Amazon,
particular attention has been given to this
subject. Brazil, through whose territories if
passes into the ocean, has hitherto persisted in
a policy so restrictive, in regard to the use of
this river, as to obstruct, and nearly ex•
ciude,• foreign intercourse, with the states
which lie upon its tributaries and upper bran
ches.
Our minister to that country is instructed to
obtain a relaxation of that policy, and o use
his efforts to induce the. Brazilian government
to open to common use, under proper safeguards
this great natural highway for international
trade. Several of the South American Statea
are deeply interested in this attempt to secure
the free navigation of 'the Amazon, and it is
reasonable to expect their co-operation in the
measure. As the advantages of free commer
cial intercourse among nations is better under
stood, more liberal views are generally enter
tained as to the common rights of all to the free
use of these means which nature has provided
for international coMmunication. To these
more liberal and 'enlightened views, it is hop
ed that Brazil will conform her policy, and re
move all unnecessary restrictions upon the free
use of a river, which traverses so many States
and so large a part of the continent. I am hap
py to, inform you that the republic of Para
guay and the Argentine Confedoration have
yielded to the liberal policy still resisted by
Brazil, in regard to the navigable rivers with
in their respective territories. Treaties em
bracing this subject among others have been
negotiated with these governments, which will
be submitted to the Senate at the present oc
casion. '
A new branch of commerce, important to
the agricultural interests of the United States,
has, within a few years past been opened with
Peru. Notwithstanding the inexhaustible de
posits of guano upon the islands of that coun•
try, considerable difficulties are experienced
in obtaining the requisite supply. Measures
have been taken to remove these difficulties,
and to secure a more abundant importation of
the article. Unfortunately, there has been a
serious collision between oar citizens who
have resorted to the Chinoha Islands for it,
and the Peruvian authorities stationed there.
Redresses for the outrages committed by the
latter was promptly demanded by our minister
at Lima. This subject is now under consider
ation, and there is reason to believe that Peru
is disposed to offer adequate indemnity to the
aggrieved parties .
We are thus not only at peace with all for
eign countries, but, in regard to political 111'-
1 fairs, are exempt from any cause of serious
disquietude in our domestic relations.
The controversies, which have agitated the
country heretofore, are passing away with the
causes which produced them and the p.,,,i.ni
which they had awakened ;. or, if any truce et
them remains, it may be reasonably hoped that
it will only be perceived* the zealous rival
ry of all good citizens to testify their respect
for the rights of the. States, their devotion to
the Union, and their common determination
that each one ,of the States, its institutions, its
welfare, and its domestic peace shall be heli.
alike secure under the sacred aegis of the con-.
stitution. 1
This new league of amity and mutual confi
dence and support, into which the people of
the republic have entered, happily affords in
"1. Rol. R. k .111 ' ' l l ' 1:11 1, " liL fn. 1' gi „1„1,11r: THE GRAMM' BEWARD."—Buttuuma.
f
CITY OF LANCASTER, TUESDAY MORNING, DECEMBER 13, 1853.
ducemeut and opportunity for the adoption of
a more comprehensive and unembarrassed line
of policy and action, as to the great
. material
interests of the country, whether regarded in
themselves or in connection with the powera of
the civilized world.
The United Stites have continued gradually
and continually to expand through acquisitions
of territory which, how much soever some of
them may have been questioned, are now uni
versally seen and admitted to have been wise
in policy, j us t in character and a great element
in the advancement pf our country, and with
it, of the human rad, in freedom, in prosperi
ty, and in happiness. The thirteen states have
grown to be thirty-one, with relations reaching
co Europe on the one side, and on the other to
the distant realms of Asia.
1. am deeply sensible of the immense respon-,
sibility which the present magnitude of the re
public, and the diversity and multiplicity of
its interests, devolves upon me : the allevia.
Lion of which, so far as relates to the immedi
ate conduct of the public business, is first, in
my reliance on the wisdom and patriotism of
the two Houses of Congress: and secondly, in
the directions afforded me by the principles of
public pulicy,affirmed by our tattlers of the e
poch. of 1198. sanctioned by long experience,
and consecrated anew by the overwhelming
voice 01 the people of the United States
lietturi tug to these principlesoThich constifutetner
organ ie basis of Union, we perceive that, Vast as
ale the luta:toms and the dial, ill the letteral gov
ernment, vested in, or entrusted to, us three great
departments, the legitlattYtt, e;eeuu ve,and
yet the substantive powei, the s polar It.ine. and
the large capacities far social Mai material ileVel
oi•eivielit, exists to the it:Sin:Mire :A.irteS, which, all
being of theniseives well constituted republics, an
the:, preceeded; so they alone iris eapable 0r per
pe Aim:newt I 'aunt.
Elie federal govertitnetiL has its appropriate line of
acuou ill the epecilie and hunted powers coot:arm"
on it by the constitution, chiefly as to those things
in which tire Mates hero a COillali/11 interest to their
relations to title another, anti to foreign govern
ments; while the great mass of interest which be
long to educated men, the ordinary. busiiiei.s of lip
'ho springs of industry, all the personal
and doutestie affairs of society, rest securely upon
the ' oetieral reserved powers of thepeople of the sev
eralZ'Aittes. There is the effective dewLeracy of the
11S/11011, and there the vital essence Cl its being and
its greatness
Of the practical consequences which flow
from the nature of the federal government, the
primary one is the duty of administertng with
integrity and fidelity the high trust reposed to it
by the Constitution, especially In the applica
tion of the public funds, as drawn by taxation
from the people, and appropriated to specific ob
jects by Congress. Happily I have no occasion
to suggest any radical changes in the financial
policy at the government. Ours is almost, If
not absolutely, the solitary power of Christen
dom having a surplus revenue, drawn immedi•
ately from unposts on commerce, and therefore
measured by the spontaneous e nterprise and
national prosperity of this country, with such In
direct relation to agric ulture, manulectures and
the products of the earth and sea, a s to violate
no constitutional doctrine, and yet . vigorously
promote the general welfare. Neither as to
the sources of the public treasure, n or unto the
manner of keeping and managing it; dues any
grave controversy now prevail, there being a
general acquiescence in the wisdom of the pres
ent system.
The report of the Secretary of the Treasury
will exhibit, in detail, the state of the public
finances, and the condition of the various
branches of the public service administered by
that department of the government..
The revenue of the country, levied almost in
sensibly io the taxpayer, goes on from year to
year increasing beyond either the interests or
the prospective wants of the government.
At the close of the fiscal year ending June
80, 1852, there remained in the Treasury a
balance of $14,632,135. The public revenue
for the fiscal year ending June 30, 1853, amount
ed to $58,931,d0 from customs, and to $2,-
405,708 from public lands and other miscella
neous sources, amounting together to $61,337,-
574 ; while t he public expenditures for the
same period, exclusive of payments on ac
count of the public debt, amounted to $43,-
554,262; leaving a balance of $32,425,447 of
receipts above o expendi tures.
The fact, of increasing surplus in the Trea
sury, became the subject of anxious considera
tion at a very early period of, my administra
tion, and the path of duty in regard to it
seemed to me obvious and clear, namely : first,
to apply the surplus revenue to the discharge
of the public debt, so far as it could judiciously
be done; and, secondly, to devise means for
the gradual reduction of the revenue to the
standard of the public exigencies:
Of these objects the first has been in the
course of accomplishment, in a manner and in
a degree highly satisfactory. The amount of
the public debt, of all classes, was on the 4th
Of March, 1553,-eixtynine millions, one hund
red and ninety thousand and thirty-seven dol•
late; payments on account of which have been
made, since that period, to the amount of
twelve millions seven hundred and three thou
sand three hundred and twenty-nine dollars,
leaving unpaid, and in the continuous course of
liquidation, the sum of fifyty•eix millions four
hundred and eighty-six thousand seven hund
dred and eight dollars. These payments, al
though made at the market price of the res
tective classes of stocks, have been effected rea
dily, and to the great advantage of the treasu
ry, and have at the same time proved of signal
utility in the relief they have incidentally af
forded to the money market and to the indus
trial and commercial pursuits of the country.
The second of the above mentioned objects,
that of the reduction of the tariff, is of great
importance, and the plan suggested by the Sec
retary of the Treadury, which is to reduce the
duties on certain articles now taxed, and espe
cially such as enter into manufactures, and are
not largely, or at all, produced in the country,
is commended to your candid and careful con
sideration.
You will find in the repott of the Secretary of
the Treasury, also, abundant proof of the en
tire adequacy of the present fiscal system to
meet all the requirements of the public service,
and that, while properly administered, it oper
ates to the advantage of the community in or
dinary business relations.
I respectfully ask your attention to sundry
suggestions of improvements in the settlement
of accounts, especially as regards the large
sums of outstanding arrears due to the govern
ment and of other reforms in the administrative
action of his department, which are indicated
by the Secretary; as also to the progress made
in the construction of marine hospitals, custom
houses, and of a new mint in California and
assay office in the city of New York, heretofore
provided for by Congress; and also to the emi
nently successful progress of the Coast Survey,
and of the Light house Board.
Among the objects meriting your attention
will be important recommendations from the
Secretaries of War and Navy. lam fully sat
isfied Wilt the navy of the United States is not
in a condition of strength and efficiency com
mensurate with the magnitude of our commer
cial interests; and commend to your especial
attention the suggestions on this subject, made
by the Secretary of the Navy. I respectfully
submit that the army, which, under our system)
must always be regarded, with the highest in-
erect, as a naclethi around which the volunteer
forces of the nation gather in the hour of dan
ger, requires augmentation, or modification, to
adapt it to the present extended limits and fron-.
tier relations of the country, and the condition
of the Indian tribes in the interior of the con
tinent ; the necessity of which will appear in
the communications of the Secretaries of War
and the Interior.
In the administration of the Post-Office De
partment for the fiscal year ending June 30,
1853, the gross expenditure was seven million
nine hundred and fifty-six dollars ; and the eross
receipts, during tge same period, five Million
nine hundred and forty-two thousand seven
hundred and thirty-fourdollars , showing that
the current revenue failed to meet the current
expenses of the department by the sum of two
million torty-two thousand and thirty-two dol
lars. The causes which, under the present aye,
tem and laws, led inevitably to this result, are
fully explained by the report of the Postmaster-
General; one great cause being the enormous
rates the department has been compelled to pay
for mail service tendered by tailroad companies.
The exhibit in the. reporrof the Postmtuner
- • •
General of the income and expenditures by mail
steamers will be found peculiarly interesting,
and of .a character to demand- the immediate
action of Congress - .
Numerous and flagrant frauds upon the Pen
sion' flureau have beep brought iojight , within
the last year, and in some instances, merited
punishments inflicted; but t . unfortunately, in nth.
era, guilty parties have escaped, not through the
want of sufficient evidence to warrant 'a convic,
tiun, but in consequence of the provision 'of lim
itation in the existing laws. -.-
From the nature oithese claims, the remote
ness of the tribunals to pass upon them, and the
mode in which the proof is, of necessity, furnish
ed, temptations to crime have been greatlystim
elated by the obviouth difficulties of detection.—
The detects in the law upon ibis subject are so
apparent,•and so fatal to the ends ofjustice, that
your early action relating to it is most desirable.
During the last fiscal year, 9,819,411 acres of
the public lands have been surveyed, and 10,363.
891 acres brought into market. Within the earns
period, the sales by public purchase and 'private
entry amounted to 1,083,495 acres; located un
der military bounty land warrants, 6,142,360
acres; located under other certificates, 9,427 acre's
ceded to the states as swamp lands, 16,648,253
acres; selected for railroad and other objects, un
der acts of Congress, 1,427,457 acres.
Total amount of lands disposed of within the
fiscal year, 25,346,992 acres, which is an increase
in quantity sold, and located under land warrants
and grants, of 12,231,818 acres over the fiscal
fear immediately preceding, l'he quantity of
mild sold during the second and third quarters of
1852, was 334,451 acres. The amount received
therefor, was 623,687 dollars. The quantity sold
the second and third quarters of the year 185 S,
was 1,609 919 acres; and the amount received
therefor, 2,226,876 dollars.
The witple number of land warrants issued en
der existing laws, prior to the 30th of September
last, was two hundred and sixty•six thousand-and
forty•two; of which there were outstanding, at
that date, sixty-six thousand nine hundred and
forty•seven. The quantity of land required to
satisfy these outstanding warrants, is lour mil
liop, seven hundred and seventy-eight
,thous
and, one hundred and twenty acres,
Warrants have been issued to 30th of Sep
tember last, under the act of 11th February,
1847, calling for twelve millions eight hundred
and seventy-nine thousand two hundred and
eighty acres; under acts of September 18, 1850,
and March 25, 1852, calling for twelve million
five hundred and fivo thousand three hundred
acres; making a total of twenty-five million
three hundred and eighty-four thousand six hun
dred and forty acres.
It is believed that experience has verified the
wisdom and justice of the present system, with
•egard to the public domain, in most essential
particulars.
You will perceive, front the report of the Sec ,
retary of die Interior, that opinions, which have
often been expressed in relation to the operation
of the land system, as not being a source of rev
enue to the federal treasury, were erroneous.—
The nett profits front the sale of the publi
lands to June 30, 1853, amounted to the sum of
fifty-three million two hundred and eighty-ninec
thousand four hundred and sixty-five dollars.
I recommend the extension ut the land system
over the Territories of Utah and Now Mexico,
with ouch modifications as their peculiarities
may require.
Regarding our public domain as chiefly value
ble;to provide homes for the industrious and en
terprising, I am not prepared to recommend any
essential change in the land system. except by
modifications 111 favor of the actual settler, and
an extension of the pre-emption principle in
certain cases, for reasons, and on grounds, which
will be fully developed in the reports to be laid
before you.
Congress, representing the proprietors of the
territorial domain, and charged especially with
power to dispose of territory belonging to the
United States, has, for a lung course of years
beginning with the administration of Mr. Jet,
fersun, exercised the power to construct roads
within life territories; and there are so many
and ovious distinctions between this exercise of
power and that of making roads within the
States, that the former hae never been con
sidered subject to such objections ail apply to
the latter, and such may now be considered the
settled construction of the power of the federal
government upon the subject.
Numerous applications have been made, and
no doubt will continue to be, made fee grants
of land in aid of the constitution of railways,
It is not believed to be within the intent and
meaning of the constitution, that tffe power to
dispose of the public domain, should be used
other wise than might be expected from a pru
dent proprietor, and therefore, that grants of
land to aid in the construction of roaus should
be restricted to cases, where it would be for
the interest of a proprieto'r, under like circum
stances, thus to contribute to the oonstruction
of these works. For the practical operations
of such grants thus far, in advancing the in
terests of the States in which the winks are
located, and at the same time the substantial
interests of all the other States, by enhancing
the value and promoting the rapid sale of the
public domain, I refer you to the report of the
Secretary of the Interior. A careful examina
tion, however, will show that this experience
is the result of a just discrimination, uni will
be far from affording encouragement to a reck
less or indiscriminate extension of the prin
ciple.
I commend to your, favorable consideration
the men of genius of our country, who, by
their inventions and discoveries in science and
art, have contributed largely to the Improve
ments of the age, without in many alStUlleed,
securing for themselves any adequate reward.
For many interesting details upon this subject
1. refer you to the appropriate reports, and es
pecially urge upon early attention the appar
ently slight, but really important, modifications
of existing laws therein suggested.
The liberal spirit which has so long marked
the action of Congress
,in relation to the Dis
trict of Columbia will, I have no doubt, contin
ue to be manifested.
The erection of au asylum for the insane of
the District of Columbia, and of the .army and
navy of the United States, has been somewhat
retarded by the great demand for materials
and labor during the past summer; .but full
preparation for the reception of patients, be
fore the return of another winter, is anticipat
ed; and there is the best reason to believe,
from the plan and contemplated arrangements
which have been devised, with the large ex pe
rience furnished within the last few years in
relation to the nature and treatment of the die-
ease, that it will prove an asylum indeed to
this most helpless and afflicted class of Suffer
ers, and stand as a noble monument of wisdom
and mercy.
Under the act of Congress of August 31,
1852, and of March 3,1863, designed to secure
for the cities of Washington and Georgetown
an abundant supply of good and wholesome
water, it became my duty to examine the re
port and plans of the engineer who had charge
of the surveys under the act first named. The
best, if not the only plan, calculated to secure
permanently the object sought, was that which
contemplates taking the water from the Great
Falls of the Potomac, and consequently, I gave
it my approval.
For the progress and present condition of
this important work, and for its demands, so -
far • as appropriations
.are concerned, I refer
you to the report of the Secretary of War.
The present judicial system of the United
' States has now been in operation for so long a
period of time ; and has, in its general theory
and much of its details, become so familiar to
the country, and acquired so entirely the pub
lic confidence,, that if modified in any respect,
it should only be in those particulars which
may adapt it:to the increased extent, popula
tiOn, and legal business of the United States.
In this relation, the Organization of the courts
, is now confessedly inadequate to . the dudes. to
I be performed by them ; inConsequence of
I which, the States
.of Florida, Wisconsin,.Towa,
Texas, and California, and districts_of other
States, are . in, - effect excluded from . the full
benefits of_ the general system, by the functions
of the.circuit court being devolved r on the dis
trict judges in all those States, or parts of
States.
fan spirit-of theoonstitution and vAue'regard to •
justice require that all the States of the Union
should be placeden the MUM-Muting in regard, to.
the judicial tribunals. I..thereforo commend .to
your consideration this important subjset, which.
in my judgment, demands the speedy . action of Con
gress. I will preseitf . to - yew; if deemed desirable, a
. _.... . . ....,
plan, which Fam - ptepared to recommend, for - the
enlargement and modification of the present judi
cial system.
The act of Congress establishing the Smithsoni
an Institution, provided that the President of the
United States, and otherepersons therein designat
ed, shouldconstituto an —establishment" by that
same, and that the members should hold statedand
special meetings fur the supervision of the affairs of
the Institution. The organisation not having ta
ken place, it seemed to me proper that it should be
effected without delay. This has been done.; and
an occasion was thereby presented for inspecting
the condition of the Institution, and appreciating
its successful progress thus far, and its high prom
ise or great and general usefulness. '
I have omitted to ask your favorable consid
eration for the estimates of works of a local
character in 27 of the 31 States, amounting to
1,764,600 dollars, because, independently of the
grounds which have so`often been urged against
the application of the federal revenue for works
of this character, inequality with consequent
injustice is inherent in the nature of the prop
osition, and because theSplan has ptoved en
tirely inadequate to the accomplishment of the
objects sought.
The rule of strict construction of all powers
delegated by the States to the general govern
ment has arrayed itself, from time to time,
against the rapid progress of expenditures from
the national tredsury onworks of a local char
acter within the States Memorable as an
epoch in the history of this subject is the mes
sage of President Jackson, of the 27th of May,
1839 . , which met the, system of internal improve
ments in its comparative infancy; but so rapid
had-been its growth, that the projected appro
priations in that year for works of this charac
tea had risen to the alarming amount of more
than one hundred millions of dollars. ,
In that message the President admitted the
difficulty of bringing back the operations of
the government to the construction of the con
stitution set up in 1798, and marked it as an
admonitory proof of the necessity of "guarding.
that instrument with sleepless vigilance against
the authority of precedents, which had not the
sanction of its most plainly defined powers.
Our government exists under a written com
pact between sovereign States, uniting for
specific objects, and with specific grants to
their general agent. If, then, in the progress
of its administration, there have been depar
tures from the terms and intent of the compact,
it is and will ever be, proper to refer back to
the fixed standard which our fathers left us,
and to.make a stern effort to conform our ac
tion to it.
ft 'would seem that the fact of a principle hav
ing been resisted from the first by many of the
wisest and most, patriotic .men of the republic,
and a policy having provoked constant strife,
without arriving at a conclusion which can be
regarded as satisfactory to its most earnest advo
cates, should suggest the injury whether there
may not be a plan likely to be crowded by hap
pier results. Without perceiving any sound dis
tinction, or intending to assert any principles op
posed to improvements needed for the protection
of internal commerce, which does not equally
apply to improvements upon the seaboard for the
protection of foreign commerce, I submit to you,
whether it may not be safely anticipated that,
if the policy were once settled against appropri
ations by the general government for local im
provements for the benefit of commerce, locali
ties requiring expenditures, would not, by modes
and moans clearly legitimate and proper,raise the
fund necessary for such constructions as the
safety or other interests of their commerce might
require.
If that can be regarded as a system, which, in
the experience of more than thirty years, has at
no time so commanded the public judgment as to
give it the character of a settled policy,—which,
though it has produced seine works of conceded
importance, has been attended with an expendi
ture quite disproportionate to their value,—and
has resulted in squandering large sums upon ob
jects which have answered no valuable purpose,
—the interests of all the States require it to be
abandoned, unless hopes may be indulged for
the future which find no warrant in the past.
With an anxious desire for the completion of
the works which are regarded by all good citizens
with sincere interest, I have deemed it my duty
to ask at your hands a deliberate reconsideration
of the question, with a hope that, animated by a
desire to promote the permanent and substantial
interests of the country, your wisdom may prove
equal to the task of devising and maturing a plan,
which, applied to this subject, may promise some
thing better than constant strife, the suspension
of the powers of local enterprise, the exciting of
vain hopes, and
,the disappointment of cherished
expectations.
In expending the appropriations made by the
last Congress, several cases have arisen in rela
tion to works for the improvement of harbors•
which involve questions as to the right of soil
and jurisdiction, and have threatened Conflict be,
tweet' the authority of the State and general gov
ernments. The right to construct a breakwater.
jetty or dam would seem, necessarily, to carry
I with it the power to protect and preserve such
constructions. This can only be effectually done
by having jurisdiction over the soil. But no
clause of the constitution is found on which to
rest the claim of the United States to exercise
jurisdiction over the soil of a State, except that
conferred by the eighth section of the first article
of the constitution. It is, then, submitted, wheth
er, in all cases where constructions are to be
erected by the general gevernment, the right of
soil should not first be obtained, and legislative
provision be made to cover all such cases.
For the progress made in the construction of
roads within the territories, as provided for in the
appropriations of the last Congress, I refer you
to the report of the Secretary of War.
There is one subject of a domestic nature
which, from its intrinsic importance,and the many
interesting questions fo frtture policy which it in
volves, cannot fail to receive your early attention.
I allude to the means of communication by which
different parts of the wide expanse of our coun
try are to be placed in closer connection for pur
poses both of defence and commercial intercourse,
and more especially etch as appertain to the
communication of those great divisions of the
Union which lie on the opposite side of the
RockS , Mountains.
That the government has not been unmindful
of this heretofore, is apparent from the aidit has
afforded, through appropriations for mail facili
ties and' other purposes. But the general subject
will now present itself under aspects more im
posing and more purely national, by reason of
the surveys ordered by Congress, and now in the
progress of completion, for communication by
railway across the continent, and wholly within
the limits of the United States.
The power, to declare war, to raise and support
armies, to provide and maintain a navy, and to
call forth the militia to execute' the laws, sup
press insurrections, and repel invasions, was con
ferred upon Congress, as means to provide for
the common defence, and to protect a• territory
and population now widespread andvastly multi-
plied. " As incidental to and indispensable for the
exercise of this power, it must sometimes be ne
cessary to construct military roads and protect
harbors of refuge. To appropriations by Con
gress for such objects, no sound objection can-be
raised.
Happily for our country, its peaceful policy
and'rapidly•increasing, population impose upon
us no urgent necessity for preparation, and leave
but few trackless deserts between assailable points
and a. patriotic people ever ready and generally
able to protect them. These necessary links, the
enterprise and energy of our people are steadily
and boldly struggling to supply.- All experience
affirms that, wherever private enterprise will
avail, it is most wise for the general government
to leave to that and individual watchfulness the
locilion and execution drill means o I communi
cation.
The survey& before alluded to were designed
to ascertain the most practicable and economical
route for a railroad from the river Mississippi to
the Pacific Ocean. Parties are now in the field
making explorations, where previous examine
tions had not supplies sufficient data, and where
there was the best reason to hope the' object
sought : might be found. The means and time
being both limited, it is not to be expected that
all the accurate knowledge desired will be obtain
ed, but it is-hoped that Cinch and important in.
formation will be added to the stock previously
possessed, and that parfial,if not full reports of
the surveys ordered will be received, in tithe for
transmission to the two houses of Congress, on
or before the first Monday in February, next, as
required by the act of appropriation.
The magnitude of the enterprise contemplated
nas aroused, and will doubtless continue to ex-,
cite, a very general interest throughout the coun
try. In its political, its commerciql, and its
military bearings, it has varied, great, and in
creasing claims to consideration. The heavy
expense, the great delay, and, at times, fatality
attending travel by either of the isthmus routes,
have deinonstrated the advantage which would
result from interterritorial communication by
such safe and rapid means as a railroad would
supply. '
These difficulties, which have been encoun
tered in a period of peace, would be magnified
and still further increased in time of war. But
whilst the embarrassments already. encountered,
and others under new contingencies to be antici
pated, may 'serve strikingly to exhibit the impor
tance of such a work, neither these, nor all con
siderations combined, can have an. appreciable
value, when weighed against the obligation
strictly to adhere to the constitution, and faith
fully-to execute the powers it confers. Within
this limit and to the extent of the interest of the
gOvernment involved, it would seem both expe
dient and proper, if an economical and practice
ble route shall be found, to aid, by all constitu
tional means, in the construction of a road,
which will unite, by speedy transit, the popula
tions of the Pacific and Atlantic States.
To guard against misconception, it should be
remarked that, although the power to construct,
or aid in the construction of, a road within the
limits of a territory is not embarassed by that ques
tion of jurisdictien which would arise within the
limits of a State, it is nevertheless held to be of
doubtful power, and more than doubtful propriety
even within the limits of a territory, for the gen
eral government to underatke to administer the
affairs of a railroad, a canal, or other similar
construction, and therefore that the connexion
with a work of this character would be incidental
rather than primary. I will only add, at present,
that, fully appreciating the magnitude of the
subject, and solicitous that the Atlantic and Pa
cific shores of the republic may be bound together
by inseparable ties of common interest, as well
as of common fealty and attachment to the Union
I shall be so disposed, so far as my own action is,
concerned, to follow the lights of the constitution,
as expounded and illustrated by those, whose
opinions and expositions constitute the standard
of my political faith in regard to the powers of
the federal government. It is, I trust, not ne
cessary to say, that no grandeur of entsrprize,
and no present urgont inducement promising po
pular favor, will lead me to disregard those lights
or to depart from that path, which experience
has proved to be safe, and which is now radiant
wjth the glow of prosperity and legitimate consti
tutional progress. We can afford to wait, but
we cannot afford to overlook the ark of our secu
rity.
It is no part of my purpose to give prominence
to any subject which may 'properly be regarded
as set at rest by the deliberate judgment of the
people. But while the present is bright with
promise, and the future full of demand and in
ducement for the exercise of active intelligence,
the past can never be without useful lessons of
admonition and instruction. If its dangers serve
not as beacons, they will evidently fail to fulfil
the object of a wise tlesign. Whets the grave
shall have closed over all, who are now endeav
oring to meet the obligations of • duty, the year
1850 will be recurred.to as a period filled with anx
ious apprehension. A successful war had just
terminated. Peace brought with it a vast aug
mentation of territory. Disturbing questions
arose, bearing upon, , the domestic institutions
of one portion of the confederacy, and in
volving the constitutional rights of the States.
But, notwithstanding differencees of opinion and
sentiment which then existed in relation to de
tails and specific provisions, the acquiescence of
distinguished citizens, whose devotion to the
Union can never be doubted, has given renewed
vigor to our institutions, and restored a sense
of repose and security to the public mind
throughout the confederacy. That this repose
ia to suffer no shock during my official term, if I
have power to avert it, those who placed me
here 'may be assumed. The wisdom of men,
who knew what independence cost—who had
put all stake upon the issue of the revolutionary
struggle—disposed of the subject to which I re
fer, in the only way consistent with the union
of these States, and with the march of power
and prosperity which has made us what we are.
It is a significant fact that from the adoption of the
constitution until the officers and soldiers of the
revolution had passed to their graves, or . through
the infirmities of age and wounds, had ceased to
to participate actively in public afficirs, there was
notjnerely a quiet acquiescence in, but a prompt
vindication of the constitutional rights of the
states-
The reserved powers were scrupulously re
spiicted. No statesman put forth the narrow
views of casuists to justify interference and agita
tion, but the spirit of the compact was regarded
as srzreil in the eyes of honor, and indispensable
for the great experiment of civil liberty, which,
environed by inherent difficulties, was yet borne
forward in apparent weakness by a power supe
rior to all obstacles, There is no condemnation,
which the voice of freedom will not pronounce
upon us, should_ we prove faithless to this great
trust. While men inhabiting - different parts of
thIS vast continent can no more be expected to
hold the same opinions, or entertain the same
sentiments, than every variety of climate or soil
can be expected to furnish the same agricultural
products, they can unife•in a common object and
sustain common principles essential to the main
tenance of that object.
The gallant. men of the Soltth and the North
could stand together during the struggle of the
uevolution ; they could stand together In the
more trying period which succeeded the clangor
of arms. As their united valor was adequate to
all the trials of the camp and dangers of the field,
BO their united wisdom proved equal to the great
er task of founding, upon.h' deep and broad basis,
institutions, which' it has been our privilege to
enjoy, and will ever be our most sacred duty to
sustain. It is but the feebl e expression of a faith
strong and universal, to say that their sons,
whose blood mingled so often upon the same
field, during the war of 1812, and who have
more recently borne in triumph the flag of the
country upon a foreign soil, will never permit
alienation of feeling to weaken the power of
their united efforts, nor internal dissensions to
paralyze the great arm of freedom, uplifted for
the vindication of self-government.
I have thus briefly presented such suggestions
as seem to me especially worthy of your con
sideration. In providing for the present, you
can hardly fail to avail yourselves of the light,
which the experience of the past casts upon the
future.
The growth of our population has now brought
us, in the destined career of our national history,
to a point at which it behooves us to expand our
vision over the vast prospective.
The successive decimal returns of the census,
since the adoption of the constitution have
revealed a law of steady progressive develop-
ment, which may be stated, in general terms, as
a duplication every quarter of a century. Car.
vied forward, from the point already reached, for
only a short period of time as applicable to the
existence of a nation, this law of progress, if un
checked, will bring us to almost incredible re
' sults. A large allowance.for a diminished pro
portional effect of emigration .would not very
materially reduce the estimate, while the in
creased average duration of human life, known
to have already resulted - from the scientific and
hygienic improvements of the past fifty years,
tend to keep up through tho next fifty,.or
pe haps hundred, the same ratio of growth,
whrich has been thus re,vealed in our past pro.
grew; and to the influenced these causes may
be added the influx of -laboring masses from
eastern Ksia to the Pacific aide of our passel
sions, together - with 'the probable accessions of
the populations already eitsiing in other parts of
our hemisphere, which, within the period in ques
tion, will feel, with yearly increasing forced the
natural attraction of so vast,:powerful, and pros ,
perous a confederation of self-governing republics
and will seek the privilege of being admitted
within its safe and happy bosom '
transferring
with themselves, by a peaceful and healthy pro
cess of incorporation, spacious regions of virgin
and exuberant soil, which are destined to swarm
With the fast-growing and fast-spreading millions
of our race. .
These considerations seem fully to justify the
presumption, that the law of population above .
stated will continue to actwith undiminished el%
fact, through at least the next half century ; and
that thousands . ' of persons who have already ar
rived at maturity, and are now exercising the
rights of freemen, will close their eyes on the
spectacle of more than one himdred millions of
population, embraced within the majestic propor
tions of the American Union. It is not merely
as an interesting topic of speculation, that I pre
sent these views for your consideration. They
have important practical bearings upon all the
political duties we are called upon to perform.—
Heretofore our system of government has worked
on what may, be termed a miniature scale, in
comparison with the development, which, it must
thus assume, within a future so near at hand, as
scarcely to be beyond the present sf the existing
generation.
It is evident that a confederation so vast and
so varied, both in numbers and in territorial ex
tent, in-habits and in interest, could only be kept
in national cohesion by the strictest fidelity to
the principles of the constitution; as understood
by those who have adhered to the most restricted
construction of the powers granted by the people
and the States. Interpreted and applied accord
ing to those principles, the great compact adapts
itself with healthy ease and freedom to an unli
mited extension of that benign system of federa
tive self-government, of which it is nur glorious,
and, I trust, immortal chalacter. Let us, then,
with redoubled vigilance, be on our guard against
yielding to the temptation 'of the exercise of
doubtful powers, even under the pressure of the
motives of conceded temporary advantage and
apparent temporary expediency.
The minimum of federal government, compat
ible with the maintenance of national unity and
efficient action in our relations with the rest of
, the world, should afford the rule and measure of
construction of our powers under the genera
clauses of the constitution. A spirit of strict de
ference to the sovereign rights and dignity of
every, State, rather than a disposition to subordi
nate States into a provincial'relation to the cent
tral authority, should characterize all our exercise
of the respective powers temporarily vested in us
as a sacred trust from the generous confidence of
our constituents.
In like manner, as a manifestly indispensable
condition of the perpetuation of the Union, and
of the realization of that magnificent national fu
ture adverted to, does the duty become yearly
stronger and clearer upon us,
as citizens of the
several States, to cultivate a fraternal and affec•
tionate spirit, language, and conduct, in regard
to other Staves, and in relation to the varied in
terests, institutions, and habits of sentiment and
opinion, which may 'respectively characterize
them. Mutual forbearance, respect, and non-in
terference in our personal action as citizens, and
an enlarged exercise of the most liberal princi
ples of enmity in the public dealings of State
with State, whether in legislation or in the exe
cation of laws, are the means to perpetuate that
confidence and fraternity, the decay of which a
mere political union on so vast a scale, could
not long survive.
In still another point of view, is an import.
ant practical duty suggested by this considera
tion of the magnitude of dimensions, to Which
political system, with its corresponding ma•
chinery of government, is so rapidly expand
ing. With increased vigilance does it require
us to cultivate the cardinal virtue of public
frugality, and official integrity and purity--
Public affairs ought to be so conducted that a
settled conviction shall pervade the entire Vll
ion, that nothing short of the highest tone and
standard of public morality marks every part
of the administi and legislation of the
general government. Thus will the federal
system, whatever expansion time and prog
ress may give it, continue more and more
deeply rooted in the love and confidence of the
people
That wise economy, which is as far removed from
parsimony as from corrupting extravagance,- that
single regard for the public good, which will frown up
on all attempts to approach the treasury with insid
ious projects of private Interest cloaked under the
public pretexts.—that sound fiscal administration,.
which, in' the legislative department, guards against
the dangerous temptation incident to overflowing
revenue and. in the executive, maintains an,unaleep
ing watchfulness against the tendency of all national
expenditure to extravagance.—while they are admit
ted elementary political duties, may, I trust. be deem
ed as properly eldverted to and urged, in view of the
more impressive sense of that necessity, which is di
rec..y suggested by the considerations now presented.
Since the adjournment of Congress,The Vice presi
dent of the United States has paused from the scenes
of earth. without having entered upon the duties of
the station, to which he had been called by the voice
of his countrymen, flaying occupied almost:continu
ously. for more than thirty years, a seat in one or the
other of the two Houses of Congress, and having, by
his singular purity and wisdom, secured unbounded
confidence and universal respect. his failing health was
watched by the nation with painful solicitude. Ills
loss to the country, under all the circumstances; has
has beenjustly regarded as irreparable.
In compliance with the act of Congress, of March
3.1053. the oath of office was administered to him on
the 24th of the month, at Araidna estate, near Mantan
zas, on the bland of Cuba, but his strength gradually
accused, and was hardly sufficient to enable him to
return to his home in Alabama. where, on the eigh
teenth day or April, in the most calm and peaceful
way, his long and eminently useful career was termi
nated.
Entertaining unlimited confidence iu your intelli
gent and patriotic devotion to the public Interest, and
being eenscious no motives on my part which are not
inseparable from the honor and advancement of my
country, I hope it may be my privilege to deserve and
secure, not only your cordial co-operations In great
public measures, but also those relations of mutual
confidence and regard. which Is always so desirable to
cultivate between members of co-ordinate branches of
government. FRANKLIN PIERCE.
Wa9IIINGTON, D. C., December 5, 1853.
Hensler Confectionary, Fruit
Al. and Toy Store.—The subscriber respectfully
informs the public, that he is now prepared to fur
nish all orders in his line of business; he has now
ready for
. sale Candies of all kind, both common
and fancy. Fruit of every description, such as
Oranges, Lemons, Raisins, Figs, Prunes, Dates,
&c.; also nuts of every kind, such as Almonds;
Fulberf;, Creamnute, Grenoble Walnuts, Peanqts,
&c. lie has fitted up a room for the purpose/of
showing one of the largest and most splendid as
sortment of Toys ever exhibited in this city. Also
sugar toys of all patterns with tLemon figures.—
Ros. Cakes, Burnt Almonds, French Secrets, Mot
toe Lozenges (a new article) Cough Lozenges, &c.
Particular attention paid to Cake Baking; small
cakes of all kinds baked to order at the shortest
notice, and warranted gOod. Large cakes, such
as Pound, Fruit, Sponge, Lady, Dover, Delicate,
Almond,, &c., &c., iced and ornamented in a style
which he defies competition, and on the most rea
sonable terms. Also Balls, arties & Private Fam
iles furnished with all kind of •refreshments and
warranted to get the worth of their money. All
arders from the country promptly attended to.
SAMUEL HENSLER,
No. 6 East King street
nov 8 tf-42)
krew London Acadimy.—New Lon
1' don Chester county, Pa., The Winter Session
or this Institution will commence on the first Mon
day of November, and continue five months.
Terms.—Boarding and Tuition in• Sciences.
Mathematics and ancient Languages, $65.
The extras are Music German, French and
Phonography which are taught at the usual charges.
'lli:Academy is situated in a beautiful village,
distinguished for tho inte,ligence and morality of
its citizens add vicinity; and offers rare induce
ments to those looking for a retired and favorable
place for study. Such are invited to inquire into its
advantages botore going elsewhere. A Catalogue
can be seen at the /Ace of the tancarder Intelli
gencer, or by addressing •
JAS. McDOW ELL,
Principal.
act 18 tr-291
W anted.— woo ibs. allow for railt
Ylf will be paid at the sign of tho Last:
• M. EL LOCIIF.R,
oat It tf-381 No. 171. West King street,.