(lb.t •3417( - itt/c:. £ n i c e. VOL. LIX. PRESIDENT'S MESSAGE Fellow. Citizens of the Senate and House of Representatives : When we compare the condition of the country at the present day with what it was one year ago, at the meeting of Congress, we have much reason for gratitude to that Al mighty Providence which has never failed to interpose for our relief, at the most critical periods of our history. One year ago, the sec tional strife between the north and the south, on the dangerous subject of slavery, had again become so intense as to threaten the peace and perpetuity of the confederacy. The ap plication for the admission of Kansas as a State into the Union, fostered this unhappy agitation, and brought the whole subject once more before Congress. It was the desire of every patriot that such measures of legislation might be adopted as would remove the ex citement from the States, and confine it to the territory where it legitimately belonged.— Much has been done I am happy to say, to wards the accomplishment of this object, du ring the last session of Congress. The Supreme Court of the United States had previously decided that all American citizens have au equal right to take into the territories whatever is held as property under the laws of any of the States, and to hold such property there under the guardianship of the federal constitution so long as the territorial condition shall remain. This is now a well established position, and the proeeediugs of the last session were alone wanting to give it practical effect. The prin ciple has been recognized, in some form or other by an al nose. 111JELIIiMOIIS vote of both houses of Congress, that a territory has a right to come into the Union either as a free or a slave State, according to the will of a majority of its people. The jitst equality of all the States has thus been vunlicated, and a fruitful source of dangerous dissension arming them has been removed. Whilst such has been the beneficial tenden cy of your legislative proceedings outside of Kansas, their influence has nowhere been so happy as within that territory itself. Lett to manage amt control its own affairs in its own way, without the pressure of external influence, the revolutionary Topeka organization and all resistance to the territorial government estab lished by Congress, have been finally abau doned. As a natural consequence, that fine territory now appears to be tranquil and pros perous, and is attracting increasing thousands of immigrants to make it their happy home. The past unfortunate experience of Kansas has enforced the lesson so often already taught, that resistance to lawful authority, under our form of Government, cannot fail in the end to prove disastrous to its -authors. Had the peo pie of the territory yielded obedience to the laws enacted by their legislature, it would at the present moment have contained a large additional population of industrious and enter prising citizens, who have been deterred from entering its borders by the existence of civil strife and organized rebellion. It was resistance to rightful authority and the persevering attempt to establish revolu tionary government under the Topeka consti tution, which caused the people of Kansas to commit the grave error of refusing to vote for delegates to the run vent ion to frame a consti tution, under a law not denied to be fair and just io its provisions. This refusal to vote has been the prolific source of all the evils which have followed. In their hostility to the terri torial government, they disregarded the princi ple, absolutely essential to the working of our form of government, that a majority of those who vote—not the majority who may remain at home, from whatever cause—must decide the result of an election. For this reason, seeking to take advantage of their own error, they denied the authority of the convention thus elected to frame a constitution. The convention, notwithstanding, proceeded to adopt a constitution unexceptionable in its general features, and providing for the sub mission of the slavery question to a -vote of the people, which, iu my opinion, they were bound to do, under the Kansas and Nebraska act. This was the all-important question which had alone convulsed the. territory ; and yet the opponents of the lawful government, persisting in their first error, retrained from exercising their right to vote, and preferred that Slavery should continue, rather than sur render their revolutionary Topeka organiza tion. A wiser and better spirit seemed to prevail before the first Monday of January last, when an election was held under the constitution.— • A majority of the people then voted for a Gov ernor and other State officers, for a member of Congress, and members of the State legisla ture. This election was warmly contested by the two political parties in Kansas, Lind a greater vote was polled than at any previous election. A large majority of the members of the legislature elect belonged to that party which had previously refused to vote. The antislavery party were thus placed iu the as cendant; and the political power of the State was in their own hands. Had Congress admit ted Kansas into the Union under the Lecomp ton constitution, the legislature might, at its very first session, have submitted the question to a vote of the people, whether they would or would not have a convention to amend the constitution, either on the slavery or any oth er question, and have adopted all necessary means for giving speedy effect to the will of the majority. Thus the Kansas question would have been immediately and finally settled. Under these circumstances, I submitted to Congress the constitution thus framed, with all the officers already elected necessary to put the State Government into operation, accom panied by a strong recommendation in favor of the admission of Kansas as a State. In the course of my long public life I have never per formed any official act which, iu the retrospect, has afforded me more heartfelt satisfaction. Its admission could have inflicted no possible injury on any human being, whilst it would, within a brief period, have restored peace to Kansas and harmony to, the Union. In that event, the slavery question would ere this have been finally settled, according to the legally expressed will of a majority of the voters, and popular sovereignty would thus have been vindicated in a constitutional man ner. With my deep convictions of duty, I could have pursued no other course. It is true that, as an individual, I had expressed an opinion, both before and during the session of the con vention, in favor of submitting the remaining clauses of the constitution, as well as that con cerning slavery, to the people. But, acting in an official character, neither myself nor any human authority had the power to rejudge the proceedings of the convention, and declare the constitution which it had framed to be a nul ity. To have done this, would have been a violation of the Kansas and Nebraska act, which left the people of the territory " perfect ly free to form and regulate their domestic institutiorf, in their own way, subject only to the constitution of the United Stales." It would equally have violated the great principle of popular sovereignty, at the foundation of our institutions, to deprive the people of the power, if they thought proper to exercise it, of confiding to delegates elected by themselves the trust of framing a constitution, without requiring them to subject their constituents to the trouble, expense and delay of a second election. It would have been in opposition to many precedents in our history, commencing in the very best age of the republic, of the ad mission of territories as States into the Union, without a previous vote of the people approv ing their constitution. It is to be lamented that a question so in significant when viewed in its practical effects on the people of Kansas, whether decided one way or the other, should have kindled such a flame of excitement throughout the country. -This reflection may prove to be a lesson of wisdom and of warning for our future guid ance. Practically considered, the question is simply whether the people of that territory should first come into the Union and then change any provision in their constitution not agreeable to themselves, or accomplish the very same object by remaining out of the Union, and framing another constitution in accordance with their will? In either case the result would be precisely the same. The only difference in point of fact is, that the object would have been much sooner attained, and the pacification of Kansas more speedily effected had it been admitted as a State during the last session of Congress. My recommendations however, for the im mediate admission of Kansas, failed to meet the approbation of Congress. They deemed it wiser to adopt a different measure for the set tlement of the question. For my own part, I should have been willing to yield my assent to almost any constitutional measure, to accom plish this object. I, therefore, cordially acqui esced in what has been called the English Compromise, and approved the "act for the admission of the State of Kansas into the Union," upon the terms therein prescribed. Under the ordinance which accompanied the Lecompton constitution, the people of Kansas had .tlaimed double the quantity of public lands for the support of common schools, which had ever been previously granted to any State upon e ntering the Union ; and also the alter nate sections of laud for twelve miles on each side of two railroads, proposed to be construct ed from the northern to the southern bounda ry, and from the eastern to the western boun dary of the State. Congress, deeming these claims unreasonable, provided, by the act of May 4, 1858, to which I have just referred, for the admission of the State on an equal footing with;thei:Triginal States, but " upon the fun damental condition precedent" that a majority of the people thereof, at an election to be held for that purpose, should, in place of the very large grants of public lands which they had demanded under the ordinance, accept such grants as had been made to Minnesota and other new States. Under this act, should a majority reject the proposition offered them, " it shall be deemed and held that the people of Kansas do not desire admission into the Union with said constitution under the condi tions set forth iu said proposition." In that event, the act authorizes the people of the ter ritory to elect delegates to form a constitution and State government for themselves, " when ever, and not before, it is ascertained by a census duly and legally taken, that the popu lotion of said territory equals or exceeds the ratio of representation required for a member of the House of Representatives of the Con gress of the United States." The delegates thus assembled "shall first determine by a vote whether it is the wish of the people of the proposed State to be admitted into the Union at that time, and, if so, shall proceed to form a constitution, and take all necessary steps for the establishment of a State government in conformity with the federal constitution." Af . ter this constitution shall have been formed, Congress, carrying out the principles of pop ular sovereignty and non-intervention, have left "the mode and manlier of its approval or ratification by the people of the proposed State" to be " prescribed by law," and they " shall then he admitted in the Union as a State under such constitution thus fairly and legally wade, with or without slavery, as said constitution may prescribe.'' An election was held throughout Kansas, in pursuance of the provisiotts of this act, on the second day of August last, and it resulted in the rejection, by a large majority, of the propo sition submitted to the, people by Congress.— This being the case, they are now authorized to form another constitution, preparatory to admission into the'Union, but not until their number as ascertained by a census, shall equal I or exceed the ratio required to elect a member to the House of Representatives. It is not probable, iu the present state of tl: case, that a third constitution can be lawfully framed and presented to Congress by Kansas, before the population shall have reached the designated number. Nor is it to be presumed that, after their sad experience iu resisting the territorial laws, they will attempt to adopt a constitution in express violation of the provis ions of an act of Congress. During the session of 1856, much of the time of Congress was occupied ou the question of admitting Kansas under the Topeka Constitution. Again, near ly the whole of the last session was devoted to the question of its admission under the Le compton constitution. Surely it is not unrea. sonable to require the people of Kansas to wai• , before making a third attempt, until the num ber of their inhabitants shall amount to nine ty:three thousand four hundred and twenty. During this brief period, the harmony of the States, as well as the great business interests of the country, demand that the people of the Union shall not, for a third time, he convulsed by another agitation on the Kansas question. By waiting for a short time and acting in obe dience to law, Kansas will glide into the Union without the slightest impediment. This excellent provision, which Congress' have applied to Kansas, ought to be extended and rendered applicable to all territories which may hereafter seek admission into the Union. Whilst Congress possesses the undoubted power of admitting a new State into the Union, however small may be the number of its in habitants, yet this power ought not, in my opinion, to be exercised before the population shall amount to the ratio required by the act for the admission of Kansas. Had this been previously the rule the country would have escaped all the evils and misfortunes to which it has been exposed by the Kansas question. Of course it would be unjust to give this rule a retrospective application, and exclude a State which, acting upon the past practice of the government,has already formed its,consti tution, elected its legislature and other officers, and is now prepared to enter the Union. The rule ought to be adopted, whether we consider its bearing on the people of the ter ritories or upon the people of the existing States. Many of the serious dissections which have prevailed in Congress and throughout the country, would have been avoided, had this rule been established at an earlier period of the government. Immediately upon the formation of a terri tory, people from different States and from for eign countries rush into it, for the laudable purpose of improving their condition. Their first duty to themselves is to open and culti vate farms, to construct roads, to establish schools, to erect places of religious worship, and to devote their energies generally to 7.. - -claim the wilderness and to lay the foundations of a flourishing aud prosperous commonwealth. If, in this incipient condition, with a popula tion of a few thousand, they should prema turely enter the Union, they are oppressed by the burden of State taxation, and the means necessary for the improvement of the territory and the advancement of their own interests, are thus diverted to very different purposes. The federal government has ever been a liberal parent to the territories, and a generous contributor to the useful enterprise of the ear -1 ly settlers. It has paid the expenses of their government and legislative assemblies out of the common treasury, and thus relieved them from a heavy charge. Under these circum stances, nothing can be better calculated to re tard their material progress, than to divert them from their useful employments, by pre maturely exciting angry political contest among themselves, for the benitit of aspiring leaders. It is surely no hardship for embryo governors, senators and members of Congress, to wait until the number of inhabitants shall equal those of a single congressional district. They surely ought not to be permitted to rush in to the Union, with a population less than one half of several of the large counties in the i nte rior of some of the states. This was the coudi tion of Kansas when it made application to be admitted under the Topeka constitution. Be sides, it requires some time to render the mass of a population collected in a new territory, at all homogeneous, and to unite them on anything like a fixed policy. Establish the rule and all will look forward to it and govern , themselves accordingly. But justice to the people of the several States requires that this rule should be estab lished by Congress. Each State is entitled to two senators and at least one representative in Congress. Should the people of the States fail to elect a Vice President, the power de volves upon the Senate to select this officer from the two highest candidates on the list.— In the case of the death of the President, the Vice President, thus elected by the Senate, becomes President of the United States. On all questions of legislation, the Senators from the smallest States of the Union have an equal vote with those from the largest. The same may be said in regard to the ratification of treaties, and of the Executive appointments.— All thin has worked admirably in practice, " THAT COUNTRY IB THE MOST PROSPEROUS WHERE LABOR 001dMANDS THZ GREATEST REWARD." LANCASTER CITY, PA., TUESDAY MORNING, DECEMBER 14, 1858. whilst it conforms in principle with the char aster of a government instituted by sovereign 'States. I presume no American citizen would desire the slightest change in the arrangement. Still, is it not unjust and unequal to the exis ting States to invest some forty or fifty thou sand people, collected in a territory, with the attributes of sovereignty, and place them on an equal footing with Virginia and New York in the Senate of the United States. For these reasons I earnestly recommend the passage of a general act, which shall pro vide that, upon the application of a territorial legislature, declaring their belief that the ter ritory contains a number of inhabitants which, if in a State, would entitle them to elect a member of Congress, it shall be the duty of the President to cause a census of the inhabi tants to be taken, and if found sufficient, then by the terms of this act, to authorize them to proceed in their own way" to frame a State constitution, preparatory to admission into the Union. I also recommend that an apropria lion may be made, to enable the President to take a census of the people of Kansas. The present condition of the territory of Utah, when contrasted with what it was one year ago, is a subject for congratulation. It was then in a state of open rebellion, and cost what it might, the character of the government required that this rebellion should be suppres sed, and, the Mormons compelled to yield obe dience to the constitution and the laws. In order to accomplish this object, as I informed you in my last message, I appointed a new governor instead of Brigham Young, and other federal officers to take the place of those who, consulting their personal safety, had found it necessary to withdraw from the territory. To protect these civil officers, and to aid them, as a posse cumitalas, in the execution of the laws in case of need, I ordered a detachment of the army to accompany them to Utah. The neces sity of adopting these measures is now demon strated. On the 15th September, 1857, Governor Young issued his proclamation, in the styled! an independent sovereign, announcing his purpose to resist by force of arms the entry of the United States troops into our own ter ritory of Utah. By this he required all the forces in the territory to " bold themselves in readiness to march at a moment's notice to repel any and all such invasion," and estab lish martial law from its date throughout the territory. These proved to be no idle threats, Forts Bridger and Supply were vacated and burnt down by the Mormons, to deprive our troops of a shelter after their long and fatigu ing march. Orders were issued by Daniel H. Wells, styling himself "Lieutenant General, Nauvon Legion," to stampede the animals of the United State' troops on their march, to set fire to their trains, to burn the grass and the whole country before them and ou their flanks, to keep them from sleeping by night surprises, and to blockade the road by felling trees, and destroying the fords of rivers. &c., &c., These orders were promptly and effectually obeyed. On the 4th October, 1857, the Mar mons captured and burned, on Green river, three of our supply trains, consisting of seven ty-five wagons, loaded with provisions and tents for the army, and carried away several hundred animals. This diminished the snp - ply of provisions so rnateri.dly that General Johnston was obliged to reduce the ration, and even with this precaution, there was only sufficient lea to subsist the troops until the first of June. Our little army behaved admirably, in their encampment at Fort Bridger, under these try ing privations. In the midst of the moun tains—in a dreary, unsettled, and inhospita ble region, more than a thousand miles from home—they passed the severe and inclement winter without a murmur. They looked for ward with cduffilence for relief front their country in due season, and in this they were not dissapointed. The Secretary of War employed all his en ergies to forward them the necessary supplies, and to muster and send such a military force to Utah as would render resistance on the part of the Mormons hopeless, and thus ter urinate the war without the effusion of blood. In his efforts he was efficiently sustained by Congress. They granted appropriations suf ficient to coverthe deficiency thus necessarily created, and also provided for raising two regiments of volunteers, "for the purpose of quelling dirsturbances in the Territory of Utah for the protection of supply and emigrant trains, and the suppression of Indian hostili ties on the frontiers." Happily, there was no occasion to call these regiments into ser vice. If there had been I should have felt serious embarrassment in selecting them, so grew was the .number of our brave and patri otic citizens anxious to serve their country in this distant and apparently dangerous expe dition. Thus it has ever been, anti thus may it ever be The wi , dont and economy of .•; , mling suffi cient reinforcements to Utah are established not only by the event, but in the opinion of those who, from their position and opportu nities, are the most capable of forming a cor rect judgment. General Johnston, the com mander of the forces, in addressing the Secre tary of War, from Fort Bridger, under date of October, 1857, expresses the opinion that "unless a large force is sent here, from the nature of the country, a protracted war on their [the Mormons] part is inevitable." This he considered necessary, to terminal the war " speldily and more economical than if attempted by insufficient means." In the meantime, it was my anxious desire that the Mormons should yield obedience to the constitution and the laws, without ren dering it necessary to resort to military force. To aid is accomplishing this object, I deemed it advisvble, in April last, to dispatch two distinguished citizens of the United States, Messrs. Powell and McCulloch, to Utah. They bore with them a proclamation, addressed by myself to the inhabitants of Utah, dated on the sixth day of that month, warning them of their condition, and how hopeless it was on their part to persist in rebellion against the United States, and offering all those who should submit to the laws a full pardon for their past seditious and treasons. At the same time, I assured those who should per sist in rebellion against the United States, that they must expect no further lenity, but look to be rigorously dealt with according to their deserts. The instructions to these agents, as well as a copy of the proclamation, and their reports, are herewith submitted.— It will be seen by their report of the 3d of July last, that they have fully confirmed the opinion expressed by General Johnston in the previous October, as to the necessity of send ing reinforcements to Utah. In this they state that they "are firmly impressed with the he lief that the presence of the army here, and the large additional force that had been or dered to this territory, were the chief induce ments that caused the Mormons to abandon the idea of resisting the authority of the United States." A less decisive policy would probably have resulted in a long, bloody and expensive war. These gentlemen conducted themselves to my entire satisfaction, and rendered useful services in executing the humane intentions of the government. It also affords me great satisfaction to state that Governor Cumming has performed his duty in an able and conciliatory manner, and with the happiest effect. I i!anuot, in this connexion, refrain from mentioning the valuable services of Col. Thomas L Kane, who, from motives of pure benevolence, and without any official character or pecuniary Compensation, visited Utah during the last inclement winter, for the purpose of contrib uting to the pacification of the territory. 1 am happy to inform you that the G , veraor and other civil officers of Utah are now per. forming their appropriate functions without resistance. The authority of the constitution and the laws has been fully restored and peace prevails throughout the territory. A portion of the troops sent to Utah are now encamped in Ci.dar Valley, flirty four miles south west of Salt Lake City : and the re• It - minder have been orde!ed to Oregon to sup press Indian humtiiities. The march of the army to Salt Lake City, through the Indian territory, has had a pow erful effect in restraining the hostile feeiirtp against the United States which existed among the Indians In that region, and in securing emigrants to the Far West against their dep- redations. This will also be the means'of es , ahlishing military posts andrpromoting settle. ments along the route. I recommend that the benefits of our land laws and preemption system be extended to the people of Utah, by the establishment of a land offiee in that territory. I have occasion, also, to congratulate you on the resat of our negotiations with China. You were informed in my last annual message that our minister had heen instructed to occupy a neutral position in the hostilities, conducted by Great Britain and France against Canton. He was, however, at the same time, directed t) co operate cordially with the British and French ministers, in all peaceful measures, to secure by treaty those just concessions to for eign commerce. which the nations of the world had a right to demand. It was impossible for me to proceed farther than this on my own authority, without usurping the war malting power, which under the constitution, belongs exclusively to Congress. Besides, after a careful examination of the nature and extent of our grievances, I did not believe th y were of such a pressing and ag gravated character as would have justified Con gress in declaring war against the Chinese em pire, without first making another earnest attempt to adjust them by peaceful negotiation. I way the more inclined to this opinion, because of the severe chastisement whiCh had then but recently been inflicted upon the Chinese by our squadron, is the capture and destruction of the Barrier forts, to avenge an alleged in sult to our flae. The event has proved the wisdom of our neu trality. Our minister has executed his instruc ti•ms with eminent skill and ability. In ccu junction with the Russian plenipotentiary he has peacefully Litt effectually co operated with the English awl French plenipotentiaries; and each of the tour powers has concluded a sepa rate treaty with China, of a highly satisfactory character. The treaty concluded by our own plenipotentiary will immediately be submitted to the Senate. I am happy to announce that, through the energetic yet conciliatory efforts of our consul general in Japan, a new treaty has been con chided with that empire, which may he expect ed materially to augment our trade and inter course in that quarter, and remove from our countrymen the disabilities which have hereto fore been imposed upon the exercise of their religion. The treat‘ shall be submitted to the Senate for approval without delay. It is my earnest desire that every misunder standing with the governmeht of Great Bri - ain should be amicably and speedily adjusted. It has been the misfortune of bets countries, al most ever since the'period of the revolution, to have been annoyed by rtsuccession of irritating and dangerous questions, threatening their friendly relations. This has partially prevent ed the• full development of those feelings of mutual friendship between the people of the two countries, so natural in themselves and so conducive to their common interest Any se rious interrui tion in the commerce between , he !7ciit, , ,l States and Great Britain wl/11111 be equally ;njurions to high. In •fact, no two na tions have ever existed on the face of the earth, which could do each other so much good or so much harm. Entertaining these sentiments, 1 am grati tied to inform you that the long pending con trover,y between the two governments, in re lation to the question of visitation and search. ha- been amicali.y ieljusteil. The claim on tilt' part If Great Britain, forcibly to visit And ri eau vessel on the high st a, in time or peso. could hot he >u-mined under the law of nations, and it had been overruled by her own eminent jurists. This question was recently brought to an isiie. by the repeated :wt. , of British crui stirs, in boarding and searching our merchant Ve•Sel , in the (lair of Mexico and the adjacent seas These acts were the more injurious and annoying. as these waters are traversed by a large portion of the commerce and navigati, n of the Bitted States, and their free and unre- stricted use is essential to the security of the coastwise node between different States of the Uni o n. Such vexatious interruptions could not fail to excite the feelings of •he counnry, and to require the interpo,ition of the govern moat. Remonstrances were addressed to the British government against these violations of our rights of sovereignty, and a naval force was nit the same time ordered to the Cubau waters, with directions -no protect all vessels of tine United States on the high seas, front search or detention by the vessels-of-war of any other na tion.- These nu,a , ures received the unquali• tied and even enthusiastic approbation of the American people. Most fortunately however. no collision took place, and the British govern ment promptly avowed its recognition of the principles of international law upon this sub ject, :is laid down by the government of the United States, in the note of the Secretary of State, to the British Minister at Washington, of April 10, 1838, which secure the vessels of the United States ntpon the high sees from v's dation or search in time of peace, under any circumstances whatever. The claun has been abandoned in a turumer reflecting honor on the British government. and evincing a just regard for the law of nations, and cannot fail to strengthen the amicable relation between the two countries. The British government, at the same time, proposed to the United States that some mode should be adopted by mutual arrangement be tween the two countries, of a character which may be found effective, without being offensive, for Tel rynig the nationadty of vessels suspect ed, On good grounds, of carrying false colors. They have also invited the United States to take the initiative, and propose measures for this purpose. Whilst declining to assume so grave a responsibility, the Secretary of State has informed the British government that we are ready to receive any proposals which they !nay feel disposed to offer, having this object in view, and to consider them in an amicable spirit. A strong opinion is. however. express ed, that the occasional abuse of the flag of ally nation is an evi. far less to be deprecated, than would be the establishment of any regulations which might he incompatible with the freedom of the seas. This government has yet received no communication specifying the manner in which the British government would propose to carry out their suggestion: and I am in clined to believe that nu plan which can be de vised, will be free front grave embarrassments. Still, I shali form no decided o;dnion on the subject, until I shall have carefully and in the best spirit examined an:: proposals which they may think proper to make. 1 tun truly sorry I cannot also inform you that the complications between Great Britain and the United States, arising out of the Clay ton and Bulwer treaty of April, 1850, have been finally adjusted. At the commencement of your last ses , ion, I had reason to hope that, emancipating them selves from further unavailing discussion-, the two governments would proceed to settle the Central American questions in a practical man ner, alike honorable and satisfactory - to both; and this hope I have not yet abandoned. In my last annual message, .1 stated that overtut es had been movie by the British government for this purpose, in a friendly spirit, which I cor dially reciprocated. Their proposal was to withdraw these questions from direct negotia tion between the two governments; but to ac complish the same object by a negotiation be tween the British government and each of the Central American republics whose territorial intereds are immediateiy invulved The settle ni,ot was to be made in accordance with the gen rid tenor of the interpretation pia ed upon the Clayton and Bulwer treaty by the United States, with certain modifications. A- nego Mations are still pending upon this basis, it would not he proper for me now to communi cate their present condition. A final settlement of these questions is greatly to he desired, as this would wipe out the last remaining subje t of dispute between the two countries. Our relations with the great empires of France and Russia, as well as with all the othir gov ernments on the continent of Europe, except Spain, continue to be of the most friendly char acter. With Spain our relations remain in an unsat isfactory condition. , In my message of Docem her lust, I informed you that our envoy extra ordinary and minister plenipotentiary to Mad rid had asked for his recall ; and it was toy pur pose to send out a new minister to that court, with special instructions on all questions pen ding between the two governments, and with a determination to have them speedily and am• -BUCELA.NAI'i icably adjusted, if that were possible. This purpose has been hitherto defeated by causes which I need not enumerate The mision to Spain has been entrusted to a distinvni , heri citizen of Kentncky, who will pro ceed to Madrid without delay, and make anoth er and final attempt to obtain justice from that government. Spanish officials. under the direct control of the Captain General of Cuba, have insulted our national flag. tn repeated instances have, from time to tints. inflicted injuries on the persons and property ..f our itizens These have given birth to numerous claims against the Spanish government, the merits of which have been ably discussed for a series of years, by our succeessiva diplomatic representatives. Notwithstanding this, we have not arrived at a practical result in any single instance, unless we may except the case of the Black Warrior. under the late administration; and that pre• sented an outrage of such a character as would have justified an immediate resort to W. 1 1 .. All our attempts to obtain redress ave been baf fled and defeated. The frequent and oft re curring changes in the Spanish ministry have been employed as reasons for delay We have been compelled to wait, again and again, until the new minister shall have time to investigate the justice of our demands. Even what have been denominated " the Cuban claims," in which more than a hundred of our citizens are directly interested, have furnished no excepti ,n. These claims were for the refunding of duties unjustly exacted front American vessels at different custom houses in Cuba, so long ago as the year 1844. The principles upon which they rest are so manifestly equitable and just, that after a pe riod of nearly ten years. in 1854, :they were recognized by the Spani-h government. Pro ceedings were afterwards instituted to ascer tain their amount, and this was finally fixed according to their own statemebt (with which we were satisfied) at the sum of one hundred and twenty-eight thousand, six hundred and thirty-five dollars and fifty-four cents. Just at the moment after a delay of fourteen years. when we had rea=rm to expert - that this sum would be repaid with interest, we have receiv ed a proposal offering to refund one-third of that tonount, (forty-two thousand eight hun dred and seventy-eight dollars and forty one cents,) without interest, if we would accept this in full satisfaction. The offer is also ;lc companied by a declaration that this indemni fication is not founded on any reason of strict justice, hut is made as a special favor. One alleged cause for procrastination in the examination and adjustment or our claims, :wise- front an obstacle which it is the duty of the Spanish government to remove. Whilst the Captain General or Cuba, is d•vd,terl with general despotic authority in the -zovernment of . that island, the power is Ilvithloild from him to examine and redre, wrongs' committed Lv officials under his contra , on citizen- of the United States. Instead of makinz our corn plaint , : directly ro hint at Havana, we are obliged to present them through our mini-der at Madrid. These are often referred back to the captain general I'm- information ; and much time is thu consumed in preliminary investi gations rind grrrespondence between Madrid and Cuba. and before the Sprnish government will consent to proceed to negotiation. Many of the difficulties hetween the two governiterita would he obviated, :Ind a long train of nog() tiation avoided. if the captain general were inve-r tsi Ilth”rity to -etlle of ,01,11j,q1 ini tii.. , r/tti, N , "11 , 11 ail t!, ar e fresh, and eould be pr•or tly tool satis factorily a , certained. ,Ve have hitherto iu vain urged up o n ;lie Spanish government to confer this power upon the captain general, and our minister to Spain will again he in structed to urge dds ruttiest tut their notice. In this re,pect, we occupy a different po , ition from the powers of Europe. Cuba is almost within right of our shores; our commerce with it is fin• greaten• than that of any other nation, including Spain itself, and our citizens - are in habits of daily and extended personal inter course with every part of the Island. It is therefore, a groat grievance that, when any difficulty occurs, no matter how unimporant, which might be readily settled at the moment. we should be obliged to Matlrid, es pecially when the very first step to be taken there is to refer it back to Cuba. The truth is that Cuba, in its existing colo nial condition, is a constant source of injury and annoyance to theAti erican people. It is the only spot in the civilized world where the African shave-trade is tolerated; and we are bound by treaty with Great Britain, to nolin rain a naval force on the coast ~r Afrie, nt much expense both of life ;mil treasure. solely for the purpose of arresting slaver , bound to that island The late serious difficulties be tween the United State, am! Great Britain. re specting the right of search, now MO happily terminated, coul I never have arisen if Cuba had not afforded a market for slaves. As long as this market ;Shall remain open, there can be no hope for the civilization of benighted Atri ca. Whilst the demand for slaver continues in Cuba, wars will he waged among the petty and barbarous chiefs in Africa, for the purpose of seizing subjects to supply this trade. In such a condition of affairs it is impossible that the light of civilization and religion can ever pene trate these dark abodes. It has been made known to the world by my predecessors, that the United States have on several occasions. endeavored to acquire Cuba from Spain by honorable negotiation. If thi were accomplished, the last relic of the African slave trade would instantly disappear. We would not, if we could, acquire Cubd in any other manner. This is due to our tuitional character. All the territory which we have acquired since the origin of the governuent, has been by fair purchase from France. Spain and Mexico, or by the free and voluntary act cf the independent State of Texas. in blending her destinies with our owa. This course we shall ever rursue, unless circumstances should occur, which we do not now anticipate, render ing a departure from it clearly justifiable, un der the imperative and overruling law of self preservation. The Island of Cuba. trout its geographical position. commands the mouth of the Mirris sippi, and the immense and annualiy increasing trade, foreign and coastwise, from the valley of that noble river. now embracing half the rover eign States of the Cniou. With that Island un der the dominion of a distant foreign power, this trade, of vital importance to there States is exposed to the danger of being destroyed in time of war. :UPI it has hitherto been suLjected to perpetual injury and ;mil .yance in time of peace. Our relations with Spain. which ought to be of the most friendly character. must al ways he placed in jeopardy while the existing colonial government over the Ir!and shall re main in its present condition Whilst the possession of the Island would be of vast importance to the United States, its value to Spain is, comparatively, unimportant. Such was the relative situation of the parties when the great Napoleon transferred Louisiana to the United States. Jealous, as he ever was of the national honor and interests of France, no person throughout the world has imputed blame to him for accepting a pecuniary equiv alent for this cession. The publicity which has been given to our former negotiations upon this subject, and the large appropriation which may be required to effect the purpose, render it expedient, before making another attempt to renew the negotia tion, that I should lay t . e whole subject be fore Congress. This is especially necessary, as it may become indispensable to success that I should be entrus , ed with the means of mak ing an advance to the Spanish Government im mediately after the signing of the treaty,with out awaiting the ratification of it by the Senate. I am encouraged to make this suggestion by the example of Mr Jefferson. previous to the purchase of Louisana from France, and by that, of Mr. Polk, in view of the acquisition of terri tory from Mexico. I refer the whole subject to Congress, and commend it to their careful consideration. I repeat the recommendation made in my message of December last, in favor of an ap propriation "to be paid to the Spanish govern ment for the purpose of distribution among the claimants, in the Amistead case." Presi dent Polk first made a similar recommendation in December, 1647, and it was repeated by my immediate predecessor in December, 1653. I entertain no doubt that indemnity is fairly due to these claimants under our treaty with Spain, of the 27th October, 1795 ; and whilst demanding justice we ought to do justice. An appropriation, promptly made, for this purpose could not fail to exert a favorable influence on our negotiations with Spain. Our position in relation to the independent States south of us on this continent, and es pecially those within the limits of North America, is of a peculiar cnaracter. The north ern boundary of Mexico is coincident with our own southern boundary from ocean to ocean ; and we must necessarily feel a deep interest in all that concerns the well-being and the fate of so near a neighbor. We have always cher ished the kindest wishes for the success of that Republic, and have indulged the hope that it might at last, after all its trials, enjoy peace and prosperity under a free and stable government. We have never hitherto inter fered, direptly or indirectly, with its internal affairs, and it is a duty which we owe to our selves to protect the integrity of its territory, against the hostile interference of any other power. Our geographical position, our direct interest in all that concerns Mexico, and our well-settled policy in regard to the North American continent, render this an indispensa ble duty. Mexico had been in a state of Constant rev olution almost ever since it achieved its inde lendence. Gne military leader after another has usurped the government in rapid succes sion, and the various constitutions from time to time adopted have been set at naught al most as soon as they were proclaimed. The successive governments have afforded uo ade quate protection, either to Mexican citizens or foreign residents, against lawless vio!ence.— Heretofore a seizure of the capital by a milita ry chieftain has been generally followed by at least the nominal submission of the country- to his rule for a brief period, but 'not so at the present crisis of Mexican affairs. evil war has been raging for some time throughout the republic, between the central government at the city of Mexico, which has endeavored to subvert the constitution last framed, by mili tary power, and those who maintain the au thority of that constitution. The antagonist parties each hold possession of different States of the republic, and the fortunes of the war are constantly changing. Meanwhile, the most reprehensible means have been employed by both parties, to extort mousy from foreigners, as well as natives, to carry on this ruinous contest. The truth is that this fine country, blessed with a prodcctive soil and a benign climate, has been reduced, by civil dissention, to a condition of almost hopeless anarchy and imbecility. It would be vain for this govern ment to attempt to enforce payment in money of the claims of American citizens, now amoun ting to more than ten millions of dollars against Mexico, because she is destitute of all pecuniary means to satisfy these demands. Our late minister was furnished with ample powers and instructions for the adjustment of all pending questions with the central, govern ment of Mexico, and he performed his duty with zeal and ability. The claims of our citi zens, some of them arising out of the violation of an express provision of the treaty of Gua dalupe Hidalgo, and others from gross injuries to persons as well as property, have remained unredressed and even unnoticed. Remonstran ces against these grievances have been address ed, without effect, to that government.-- Meantime, in various parts of the republic, instances have been numerous of the murder, imprisonment and plunder of our citizens, by, different parties claiming and exercising a lo cal jurisdiction; but the central government, although repeatedly urged thereto, have made no effort either to punish the authors of these outrages or to prevent their recurrence. No American citizen can now visit Mexico on lawful business; without imminent danger to his person and property. There is no adequate protection to either; and in this respect our treaty with that republic is almost a dead letter. This state of affairs was brought to a crisis in May last, by the promulgation of a decree levying a contribution pro rata upon all the capital in the Republic, between certain ,speci tied amounts, whether held by Mexicans or foreigners. Mr. Forsyth, regarding this de cree in the light of a " forced loan," formally protested against its application to his country men, and advised them not to pay the contri bution, but to suffer it to be forcibly exacted. Acting upon this advice, an American citizen refused to pay the contribution, and his prop erty was seized by armed men to satisfy the amount. Not content with this, the govern ment proceeded still further, and issued a decree banishing him from the country. Our minister immediately notified them that, if this decree should be carried into execution, he would feel it to be his duty to adopt " the most decided measures that belong to the pow ers and obligations of the representative office." Notwithstanding this warning, the banishment was enforced, and Mr. Forsyth promptly an nounced to the government the suspension of the political relations of his legation with them, until the pleasure of his own government should be ascertained. This government did not regard the contri bution imposed by the decree of the 15th of May last, to be in strictness a "forced loan," and, as such, prohibited, by the tenth article of the treaty of 1826, between Great Britain and Mexico, to the benefits of which American citizens are entitled lay treaty ; yet the impo sition of the contribut e on upon foreigners was considered an unjust and oppressive measures. Besides, internal factions in other parts of the republic, were at the same time levying simi lar exactions upon the property of our citizens, and interrupting their commerce. There had been an entire failure, on the part of our min ister, to secure redress for the wrongs which our citizens had endured, notwithstanding his persevering efforts. And from the temper manifested by the Mexican government, he had repeatedly as sured us that uo favorable change could be expected, until the United States should give "striking evidence of their will and power to protect their citizens," and that "severe chas tening is the only earthly remedy for our grie vance " From this statement of facts it would be worse than idle to direct Mr. Forsyth to re trace his steps and resume diplomatic rela tions with that government; and it was there fore deemed proper to sanction his withdrawal of the legation from the city of Mexico. Abundant cause now undoubtedly exists, for a resort to hostilities against the government still holding possession of the capital. Should they succeed in subduing the constitutional forces, all reasonable hope will then have ex pired of a peaceful settlement of our difficulties. On the other hand should the constitutional party prevail, and their authority be estab lished over the lepublic, there is reason to hope that they will be animated by a less un friendly spirit, and may grant that redress to American citizens which justice requires, so far as they may possess the means. But for this expectation, I should at once have recommen ded to Congress to grant the necessary power to the President to take possession of a suffi cient portion of the remote and unsettled ter ritory of Mexico, to be held in pledge until our injuries shall be redressed, and our just demands be satisfied. We have already ex hausted every milder means of obtaining jus tice. In such a case, this remedy of reprisal is recognized by the law of nations, not only as just iu itself, but as a means of preventing actual war. But there is another view of our relations with Mexico, arising from the unhappy condi tion of affairs along our southwestern frontier, which demands immediate action. In that remote region, where there are but few white inhahitants, large bands of hostile and preda tory Indians roam promiscuously over the Mexican States of Chihuahua and Sonora,and our adjoining territories. The local govern ments of these States are perfectly helpless, and are kept in a state of constant alarm by the Indians. They have not the power, if they possessed the will, even to restrain lawless Mexicans from passing the border and commit ting depredations on the remote settlers. A state of anarchy and violence prevails through out that distant frontier. The laws are a dead letter, and life and property are wholly ilia!: cure. For this reason the settlement of Ari zona is arrested, whilst it is of great impor tance that a chain of inhabitants should extend all along its southein border, sufficient for their own protection and that of the United States mail passing to and from California.— Well-founded apprehensions are now enter tained, that the Indians, and wandering Mezi- cans, equally lawless, may break up the impor tant stage and postal communioatiOn recently established between our Atlantio and Pacific possessions. This passes very near to the Mexican boundry throughout the whole length of Arizona. I can imagine no possible reSiedy for these evils, and no mode of restoring law and order on that remote and unsettled fron tier but for the government of the United States to assume a temporary protectorate over the northern portions of Chihuahua and Sonora, and to establish military posts within the same—and this I earnestly recommend to Congress. This protection may be withdrawn as soon as local government shall be establish ed in these Mexican States capable of perform ing their duties to the United States, restrain ing the lawless and preserving peace along the border. I do not doubt that this measure will be viewed in a friendly spirit by the governments and people of Chihuahua and Sonora, as it will prove equally effectual for the protection of their citizens on that remote and lawless frontier, as for citizens of the United States. And in this connection, permit me to recall your attention to the condition of Arizona. The population of that territory, numbering, as it is alleged, more than ten thousand souls, are pratically without a government, without laws, and without any regular administration of justice Murder and other crimes are com mitted with impunity. This state of things call loudly for sredress ; and I therefore repeat my recommendation for the establishment of territorial government over Arizona. The political condition of the narrow isthmus of Central America, through which transit routes pass between the Atlantic and Pacific oceans, presents a subject of deep interest to all commercial nations. It is over these tran sits that a large portion of the trade and travel between the European and Asiatic continents is destined to pass. To the United States these routes are of incalculable importance, as a means of communication between their Atlan tic and Pacific possessions. The latter now ex , tend throughout seventeen degrees of latitude on the Pacific coast, embracing the important State of California and the flourishing territories of Oregon and Washington. All commercial nations, therefore, have a deep and direct inter est, that these communications shall be ren dered secure from interruption. If an arm of the sea, connecting the two oceans, penetrated through Nicaragua and Costa Rica, it would not be pretended that these States would have the right to arrest or retard its navigation, to the injury of other nations. The transit by laZd over this narrow isthmus occupies nearly the same position. It is a highway in which they themselves have little interest, when compared with the vast interests of the rest of the world. Whilst their rights of sovereignty ought to be respected, it is the duty of other nations to require that this important passage shall not be interrupted by the civil wars and revolu tionary outbreaks which have so frequently occurred in that region. The stake is too im portant to be left at the mercy of rival com panies, claiming to hold conflicting contracts with Nicaragua. The commerce of other na tions is not to stand still and await the adjust ment of such petty controversies. The gov ernment of the United States expect no more than this, and they will not be satisfied with less. They -would not, if they could, derive any advantage from the Nicaragua transit, not common to the relt of the world Its neutral ity and protection for the common use of all nations, is their only object. They have no objection that Nicaragua shall demand and receive a fair compensation from the companies and individuals who may traverse the route; but they insist that it shall never hereafter be closed by an arbitrary decree of that govern ment. If disputes arise between it and those with whom they have entered into contracts, these must be adjusted by some fair tribunal provided for the purpose, and the route must not be closed pending the controversy. This is our whole policy, and it cannot fail to be ac ceptable to other nations. All these difficulties might be avoided, if, consistently with the good faith of Nicaragua, the use of this transit could be tit, own open to general competition; providing at the same time for the payment of a reasonable rate to the Nicaraguan government, on passengers and freight. In August, 1852, the Accessory Trinsit Company made its first interoceanic trip over the Nicaragua route, and continued in success ful operation, with' great advantage to the pub lic, until the 18th February, 1856, when it was closed, and the grant to this company, as well as its charter, were summarily and arbitrarily revoked by the government of President Rivas. Previous to this date, however, in 1854, serious disputes concerning the settlement of their accounts had arisen between the compony and the government, threatening the interruption of the route at any moment. These the United States in vain endeavored to compose. It would be useless to narrate the various pro ceedings which took place between the parties, up to the time when the transit was discontin ued. Suffice it to say that, since February, 1856, it has remained closed greatly to the pre judice of citzens of the United States. Since that time, the competition has ceased between the rival routes of Panama and Nicargua, and, in consequence thereof, an unjust and unreas onable amount has been exacted from our citi zens for their passage to and from California. A treaty was signed on the 16th day of No vember, 1857, by the Secretary of State and Minister of Nicaragua, under the stipulations of which the use and protection of ,the transit would have been secured, not only to the U. States, but equally to all other nations. How and on what pretexts this treaty has failed to receive the ratification of the Nicaraguan gov ernment will appear by the papers herewith communicated from the State Department.— The principal objection seems to have been to the provision authorizing the United States to employ force to keep the route open, in case Nicaragua should fail to perform her duty in this respect. From the feebleness of that republic, its fre quent changes of government, and its constant internal dissensions, this had become a most important stipulation, and one essentially ne cessary not only for the security of the route, but for the safety of American citizens passing and repassing to and from our Pacifie posses sions. Were such a stipulation embraced in a treaty between the United States and Nicaragua, the knowledge of this fact would of itself most probably prevent hostile parties from committing aggressions on the route, and render our actual interference for its pro tection unnecessary. lie executive government of this country, in its intercourse with foreign nations, is limi ted to the employment of diplomacy alone.— When this fails it can proceed no further. It cannot legitimately resort to force, without the direct authority of Congress, except in resist ing and repelling hostile attacks. It would have no authority to enter the territories of Nicaragua, everito prevent the destruction of the transit, and protect the lives and property of our own citizens on their passage. It is true, that on a sudden emergency of this char acter, the President would direct any armed force in the vicinity to march to their relief ; but in doing this he would act upon his own responsibility. Under these circumstances, I earnestly re commend to Congress, the passage of an act authorizing the President under such restric tions as they may deem proper, to employ the land and naval forces of the United States in preventing the transit from being obstructed or' closed by lawless violence, and in protecting the lives and property of American citizens traveling thereupon, requiring at the same time that these forces shall be withdrawn the moment the danger shall have passed away.— Without such a provision, our citizens will be constantly exposed to interruption in their progress, and to lawless violence. A similar necessity exists for the passage of an act, for the protection of the Panama and Tehuantepec routes. In reference to the Panama route, the Uni ted States by their existing treaty with New Grenada, expressly guarantee the neutrality of the Isthmus, " with the view that the free transit from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists." In regard to the Tehuantepec route, which has been recently opened under the most favorable auspices, our treaty with Mexico of [CONTERIISD 025 FOUTS PAOLI NO 48
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