(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