VOL. I.X. PRESIDENT'S MESSAGE Fellow Citizens of the Senate and House of Representatives : Our deep and heart-felt gratitude is due to that Almighty Power which has bestowed up on us such varied and numerous blessings throughout the past year. The general health of the country has been excellent; our har vests have been unusually-plentiful, and pros perity smiles throughout the land. Indeed, notwithstanding our demerits, we have much reason to believe from the past events in oar history, that we have enjoyed the special pro tection of Divine Providence ever since our origin as a nation. We have been exposed to many threatenieg and alarming difficulties iu our progress ; but on each successive occasion the impending cloud has been dissipated at the moment it appeared ready to burst upon oar head, and the danger to our institutions has passed away. May we ever be under the divine guidance and protection ! Whilst it is the duty of the President "from time to time to give to Congress information of the state of the Union," I shall not refer in detail to the recent sad and bloody occurrences at Harper's Ferry. Still, it is proper to observe that these eveuts, however, bad and cruel in themselves, derive their chief importance from the apprehension that they are but symptoms of an incurable disease of the public mind, which may break out in sill more dangerous outrages and terminate at last in an open war by the North to abolish slavery iu the South. Whilst, for myself, I entertain no such appre hension, they ought to afford a solemn warn ing to is all to beware of the approach of dan ger. Our Union is a stake of such inestima ble value as to demand our constant and watchful vigilance for its preservation. In thiA view, let me implore my countrymen, North and South, to cultivate the ancient feel ings of mutual forbetirauce and good will to wards each other, and strive to allay the de mon spirit of sectional hatred and strive now alive in the land This advice proceeds from the heart of an old public fnncsionary whose service commenced in the last generation, among the wise and conservative statesmen of that day, now nearly all passed away, and whose first and dearest earthly wish is to leave his country tranquil, prosperous, united, and powerful. We ought to reflect that in this age, and especially in this country, there is an inces- - cant flux and reflux of public opinion. Ques tions which in their day , assumed a most threatening aspect, have now nearly gone from the memory of men; Tde.y are "volcanoes burnt out, and on the lava and ashes and squalid scoriae of old eroptiousgrow the peace ful olive, the cheering vine, and the sustain ing corn." Such, in my opinion, will prove to be the fate of the preseut sectional excitement, should those who wisely seek to apply the remedy, continue always to confine their efforts within the pale of the Constitution. If this course be pursued, the existing agitation on the subject of domestic slavery, like every thing human, will have its day and give place to other and less threatening controversies Public opinion in this country is all-powerful, and when it reachas a dangerous excess upon any question,. the good sense of the people will ttirnisli the collective and bring it back within safe limits. Still, to hasten this an picious result, at the present crisis, we ought to remember that every rational creature must be presumed to intend the natural consequen ces of his own teachings. . Those who an nounce abstract doctrines snhversive of the Constitution and the Union, must not be sur prised should their heated partisans advance one step farther, and attempt by violence to carry these doctrines into practical effect. In this view of the subject, it ought never to be forgotten that, however great may have been the political advantages resulting from the Union to every portion of our common country, these would all prove to be as nothing, should the time ever arrive when they cannot be en joyed without serious danger to the personal safety of the people of fifteen members of the confederacy. If the peace of the domestic fireside throughout these States should ever be invaded—if the mothers of families within this extensive region should not be able to re tire to rest f.t night without suffering dreadful apprehensions of what may be their own fate and that of their children before the morning —it would be vain to recount to such a people the political benefits which result to them from the Union. Self-preservation is the first in stinct of nature; and therefore any state of society in which the sword is all the time sus pended over the heads of the people, must at last become intolerable. But I indulge in no such gloomy forebodings. On the contrary, I firmly believe that the events at Harper's Ferry by causing the people to pause and reflect upon the possible' peril to their cherished in stitutions, will be the means, under Providence, of allaying the existing excitement and pre venting future outbreaks of a similar charac ter. They will resolve that the Constitution and the Union shall not be endangered by rash counsels, knowing that, should " the silver cord be loosed or the golden bowl be broken at the fountain," human power couldnev er reunite the scattered and hostile frag ments. I cordially congratulate yon upon the final settlement by the Supreme Court of the United States of the question of slavery in the Territories. which had presented an aspect so truly formidable at the commencement of my administration. The right has been estab lished of every citizen to take his property of any kind, including slaves, into the common Territories belonging equally to all the States of the Confederacy, and to have it protected there under the Federal Constitution. Neither Congress nor a territorial legishtture nor any human power has any authority to annul or impair this vested right. The supreme judi cial tribunal of the country, which is a co-or dinate branch of the Government has sanction ed and affirmed these principles of constitu tional law, so manifestly just in themselves, and so well calculated to promote peace and harmony among the States. It is a striking proof of the sense of justice which is inherent in our people, that the property in slaves has never been disturbed, to my knowledge in any of the Territories. Even throughout the late troublss in Kansas there has not been any attempt, as I am credibly informed, to inter fere, in a single instance, with the right of the master. Had any such attempt been made, the judiciary would doubtless have afforded an adequate remedy. Should they fail to do this hereafter, it will then be time enough to strengthen their hands by further legislation. Had it been decided that either Congress or the territorial legislature possess the power to annul or impair the right to prei. - in slaves, the evil would be intolerable. In the latter event, there would be a struggle for a major ity of the members of the legislature at each successive election, and the sacred rights of property-held under the Federal Constitution would depend for the time being on the result. The agitation would thus be rendered inceg sant whilst the territorial condition remained, and its baneful influence would keep alive a dangerous excitement among the people of the several States. Thus has the status of a territory, during the intermediate period from its first settle ment until it shall become a state, been irre vocably fixed by the final decision of the Supreme Court. Fortunate has this ;been for the prosperity of the Territories, as well as the tranquility of the States. Now, emigrants from the North and the South, the East and the West, will meet in the Territories on a . common platform, having brought with them that, specie of property best adapted, in their own opinion, to promote their welfare. From natural causes the slavery question will ineach case soon virtually settle itself ; and before the Territory is prepared for admission as a State into the Union thist•decision, one way or theother, will have been a foregone conclusion. Meanwhile the settlement of theinew Territor ies 'will proceed without serious interruption, and its progress and prosperity will not be en dangered or retarded by violent political strug gles. When in the progress of events the inhab itants of any Territory shall have reached the - number required to form a State, they will then proceed, in a regular manner,' and from a Constitution preparatory to admission into this Union. After this has been done,-to em ploy the language of the Kansas and N ebras ka act, they " shalLbe received into the Union with or without slavery, as their constitution may prescribe at the time of their admission.' This sound principle has happily been recog nised, in some form or other, by an almost unanimous vote of both houses of the last Congress All lawful means at my command have been employed, and shall continue to be employed, to execute the laws against the African slave trade. After the most careful and rigorous examination of our coasts and a thorough in vestigation of the subject, we have not been able to discover that any slaves have been imported into the United States except the cargo by the Wanderer, numbering between three and four hundred. Those engaged in this unlawful enterprise have been rigorously prosecuted,; but not with as mach success as their crimes have deserved. A number of them are still under prosecution. Our history proves that the Fathers of the Republic, in advance of all other nations, con demned the African slave-trade. It was, not withstanding, deemed expedient by the fra mers of the Constitution to deprive Congress of the power to prohibit " the migration or importation of such persons as any of the States now existing shall think proper to ad mit " "prior to the year one thousand eight hundred and eight." It will be seen that this restriction on the power of Congress was confined to such States only as might think proper to admit the im portation of slaves. It did not extend to oth er States or to the trade carried on abroad.— Accordingly, we find that so early as the 22nd March, 1794, Congress passed an act imposing severe penalties and punishments upon citi zens and residents of the United States who should engage in this trade between foreign nations. The provisions of this act were ex truded and enforced by the act of 10th May, 1600. Again : The States themselves had a clear right to waive the constitutional privilege in truded for their benefit, and to prohibit, by their own laws, this trade at any time they thought proper previous to 1808. Several of them exercised this right before that period, and among them some containing the greatest number of slaves. This gave to Congress the immediate power to act in regard to all such States, because they themselves had removed the constitutional barrier. Congress accord ingly passed au act on 28th February, 1503, "to prevent the importation ut,certain persons into certain States where, by the laws thereof, their admission is prohibited." In this man ner the importation of African slaves into the United States was, to a great extent, prohibi ted some years in advance of 1808. As the year 1808 approached, Congress de termined not to suffer this trade to exist even for a single day after they had the power to abolish it. Ou the 2d of March, 1807, they passed au act to take effect "from and after the Ist day of January, 1808," prohibiting the importation of African slaves into the United States. This was followed by subsequent acts of a similar charactea, to which I need not specially refer. Such were the principles and such the practice of our ancestors more than fifty years ago in regard to the African slave-trade. It did not occur to the revered patriots who had been delegates to the convention, and af terwards became members of Congress, that in passing these laws they had violated the Constitution which they had framed with so much care and deliberation. They supposed that to prohibit Congress in express terms, from exercising a specified power before an appointed day, necessarily involved the right to exercise this power after that day had ar rived. If this were not the case, the framers of the Constitution had expended much labor in vain. Had they imagined that Congress would possess no power to prohibit the trade either before or after 1808, they would not have taken so much care to protect the States against the exercise of this power before that period. Nay more, they would not have attached such vast importance to this provision as to have excluded it from the pos sibility of future repeal or amendment, to which other portions of the Constitution were exposed. It wouldl 1 t .tort h ave been wholly un necessary to engraft on the fifth article of the constitution, prescribing the mode of its own future amendment, the proviso, " that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect" the provision in the Constitution securing to the States the right to admit the importation of African slaves previous to that period. According to the adverse construction, the clause itself, on which so much care and dis cussion had been employed by the members of the convention, was an absolute nullity front the beginning, and all that has since been done under it a mere usurpation. It was well and wise to confer this power on Congress, because, had it been left to the States, its efficient exercise would have been impossible. In that event any one State could have effectually continued the trade not only for itself but for all the other slave States, though never so much against their will. Atid wltyl Because African slaves, when once brought within the limits of any one State, in accordance with its laws, cannot practically be excluded from any other State where slavery exists. And even if all the States had sepa rately passed laws prohibiting the importation of slaves, these laws would have failed of ef fect for want of a naval force to capture the slavers and to guard the coasts. Such a force no State can employ in time of peace without the consent of Congress. These acts of Congress, it is believed, have, with very rare and insignificant exceptions, accomplished their purpose. For a period of more titan half a century there has been no perceptible addition to the number of our domestic slaves. During this period their advancement in civilization has far surpassed that of any other portion of the African race. The light and blessings of Christianity have been extended to them, and both their moral and physical condition has been greatly im proved. Reopen the trade, and it would l be difficult to determine whether the effect would be more deleterious on the interests of the master or on those of the native-born slave. Of the evils of the master, the one most to be dread ed would be the introduction of wild, heathen, and ignorant barbarians among the sober,. orderly, and quiet slaves, whose ancestors have been on the soil for several generations. This might tend to barbarize, demoralize, and exasperate the whole mass, and produce most deplorable consequences. The effect upon the existing slave would if possible, be still more deplorable. At pre sent he is treated with kindness and human ity. He is well fed, well clothed, and not overworked. His condition is incomparably better than that of the coolies which modern nations of high civilization have employed as a substitute for African slaves. Both the philanthropy and the - self-interest of the mas ter have combined to produce this humane result. But let this trade be re-opened, and what will be the effect? The same, to a con siderable extent, as on a neighboring island— the only spot on earth where the African slave-trade is openly tolerated; and this in defiance Of solemn treaties with a power abun dantly able at any moment to enforce their execution. There the master, intent upon present gain, extorts from the slave as much labor as his physical powers are capable of enduring—knowing that, when death comes to his relief, his place can be supplied at a price reduced tolthe lowest point by the com petition of rival African slave-traders.— Should this ever' be the case in our country —which I do not pm possible—the present useful character of the domestic institution, wherein those too old and too young to work are provided for with care and humanity, and those capable of labor are not overtasked, would undergo an unfortunate change. The feeling of reciprocal dependance & attachment which now exists between master and slave would be converted into distrust and hostility. But we are obliged as a Christian and moral nation to consider what would be the effect upon unhappy Africa itself if we should re open the slave-trade. This would give the trade an impulse and extension which it, has never had even in its palmiest days. The numerous victims required to supply it would convert liewhole slave coast into a perfect " THAT COUNTRY IS THY MOST PROSPNROUS WHERE LABOR COMMANDS THE GREATEST REWARD." LANCASTER CITY, PA., TUESDAY MORNING, JANUARY 3, 1860. Pandemonium, for which this country would be held responsible in the eyes both of God and man. Its petty tribes would then be con: scantly engaged in predatory wars against each other for the purpose of seizing slaves to supply the American market. All hopes of African civilzation would thus be ended. On the other hand, when a market for Af rican slaves shall no longer be furnished in Cuba, and thus all the world be closed against this trade, we may then indulge a reasonable hope for the gradual improvement of Africa. The chief motive of war among the tribes will cease whenever there is no longer any demand for slaves. The resources of that fertile but miserable country might then, be developed by the hand of industry and afford subjects for legitimate foreign and domestic commerce.— In this manner Christianity and civilization may gradually penetrate the existing gloom. The wisdom of the course pursued by this Government towards China has been vindica ted by the event. Whilst we sustained a neu tral position in the war waged by Great Britain and France against the Chinese empire, our late minister, in obedience to his instructions, judiciously co-operated with the ministers of these powers in all peaceful measures to se• cure by treaty the just concessions demanded by the interests of foreign commerce. The result is that satisfactory treaties have been' concluded with China by, the respecctive min isters of the United States, Great Britain, France and. Russia. OM• " treaty, or general convention of peace, aniity and commerce," with that empire was concluded at Tientsin, on the 18th June, 1858, and was ratified by the President, by and with the advice and consent of the Senate, on the 21st December following. On the 15th of December, 1858, John E. Ward, a distinguished citizen of Georgia, was duly commissioned as envoy extraordinary •md minister plenipotentiary to China. He left the United States for the place of his des tination on the sth of February, 1859, bearing with him the ratified copy of this treaty, and araived at Shanghai on the 28th May. From thence be proceeded to Peking on the 16th June, but did not arrive in that city until the 27th July. According to the terms of the treaty the ratifications were to be exchanged on or before the 18th Juue, 1859. , This was rendered impossible by reasons and events beyond his control, not necessary to detail: but still it is due to the Chinese authorities at Shanghai to state that they always assured him no advantage should be taken of the de lay and this pledge has been faithfully per formed. On the arrival of Mr. Ward at Pekin he re quested an audience of the Emperor to present his letter of credence. This he did not obtain in consequence of his very proper refusal to submit to the humiliating ceremonies requir ed by the etiquette of this strange people in approaching their sovereign. Nevertheless the interviews on this question were conduct ed in the most friendly spirit and with all due regard to his personal feelings and the honor of his country. When a presentation to his Majesty was found to be impossible, the letter of credence from the President was received with peculiar honors by Kweiliang, " the Em peror's prime minister and the second man in the empire to the Emperor himself." The ratifications of the treaty were afterwards, on the 16th of August, exchanged in proper form at Pei-tsang. As the exchange did not take place until after the day prescribed by the treaty, it is deemed proper, before its publi cation, again to submit it to the Senate. It is but simple justice to the Chinese au thorities to observe that, throughout the whole transaction, they appear to have acted in good faith and in a friendly spirit towards the United States. It is true this has been done after their own peculiar fashion ; but we ought to regard with a lenient eye the ancient customs of an empire dated back for thousands of years, so far as this may be con sistent with our own national honor. The conduct of our minister on the 'occasion has received my entire approbation. In order to carry out the spirit of this trea ty, and to give it full effect, it became neces sary to conclude two supplemental conventions —the one for the AiljniazacuL and satisfaction of the claims of our citizens, and the other to fix the tariff on imports and exports, and to regulate the transit duties and trade of our merchants with China. This duty was satis factorily performed by our late minister.— These conventions bear date at Shanghai on the Bth November 1858. Having been consid ered in the light 01 binding agreements subsid iary to the principal treaty, and to be carried into execution without delay, they do not pro vide for any formal ratification or exchange of ratifications by the contracting parties. This was not deemed necessary by the Chinese, who are already proceeding in good faith to satisfy the claims of our citizens, and, it is hoped, to carry out the other provisons of the conventions. Still I thought it was proper to submit them to the Senate, by which they were ratified on the 3d March, 1859. The rati fied copies, however, did not reach Shanghai until after the departure of our minister to Peking, and these conventions could not, therefore, be exchanged at the same time with the principal t;•eaty. No doubt is entertained that they will be ratified and exchanged by the Chinese government,should this be thought advisable ; but, under the circumstances pre sented, I shall consider them binding engage ments from their date on both parties, and cause them to be published as such for the in formation and guidance of our merchants tra ding with the Chinese empire. It affords me much satisfaction to inform you that all our difficulties with the republic of Paraguay have been satisfactorily adjust- It happily did not become necessary to employ the force for this purpose which Con gress had placed at my command, under their joint resolution of 2d June, 1858. On the contrary, the President of that republic, in a friendly spirit, acceded promptly to the just and reasonable demands of the Government of the United States. Our commissioner arrived at Assumption, the capital of the re public, on the 25th of January 1850, and left it on the 17th of February-, having in three weeks ably and successfully accomplished all the objects of his mission. The treaties which he has concluded will be immediately submitted to the Senate. In the view that the employment of other than peaceful means might become necessary to obtain "just satisfaction " from Paraguay, a strong naval force was concentrated in the waters. of the-La Plata to await contingencies, whilst our commissioner ascended the rivers' to Assumption. The Navy Department is en titled to great credit for the promptness, effici ency, and economy with which this expedition was fitted out and conducted. It consisted of nineteen armed vessels, great and small, car rying 200 guns And 2,500 men, alhunder the command of the veteran and gallant Shubrick. The entire expenses of the expedition have been defrayed out of the ordinary appropria tions for the naval service, except the sum of $289,000, applied to the purchase of seven of, the steamers, constituting a part of it, under the authority of the naval appropriation act of the 3d March last. It is believed that these steamers are worth more than their cost, and they are all now usefully and actively em ployed in the naval service. The appearance of so large a force, fitted out in such a prompt manner. in the , far distant waters of the La Plata, and the admirable con duct of the officers and men employed in it, have had a happy effecrin favor of our !coun try throughout all that remote portion of the world. • Oar relations with the great empires of France and Russia, as well as with all other governments of the continents of Europe, un less we may except that of Spain, happily continue to be of the most friendly character. In my last annual message I presented a statement of the unsatisfactory condition of our relations with Spain ; and I regret to say that this has not materially improved. With out special reference to other claims, even the " Cuban claims," the payment of which, has been ably urged by our ministers, and in which more than a hundred of our citizens are directly interested, remain unsatisfied, notwithstanding both their justice and their amount ($428, 635, 54)had been •recognised and ascertained by the Spanish government itself. I again recommend that an appropriation be made "to be paid to the Spanish govern- went for the purpose of distribution among the claimants in the Amistad case." In com mon with two of my predecessors, I entertain no doubt that this is required by our treaty with Spain of the 27th of October, 1795. The failtfre to discharge this obligation has been employed by the cabinet of Madrid 'as a reason against the settlement of our claims. I need not repeat the argument which I urged in my last annual message in favor of the acquisition of Cuba by fair purchase. My opinions on that measure remain unchanged. I, therefore,'again invite the serious attention of Congress to this important subject. With out a recogiition of this policy on their part, it will be almost impossible to institute nego tiations with any reasonable prospect of suc cess. Until a recent period there was good reason to believe that I should be able to announce to you on the present occasion that oar difficulties with Great Britain arising out of the Clayton and Bulwnr treaty, had been finally adjusted in a manner alike honorable and satisfactory to both parties. From causes however, which the British government had not anticipated, they have not yet completed treaty arrangements with the republics of Honduras and Nicaragua, in pursuance of the understanding between the two govern ments. It is, nevertheless, confidently ex pected that this good work will ere long be accomplished. Whilst indulging the Lope that no other subject remained which could disturb the good understanding between the two coun tries, the question arising oat of the ad ierse claims of the parties to - the Island of San Juan, under the Oregon treaty of the 15th of Jane, 1846, suddenly assumed a threatening prominence. In order to prevent unfortunate collisions ou that remote fron tier, the late Secretary of State, on the 17th of July, 1855, addressed a note to Mr. Cramp ton, then British Minister at Washington, communicating to him a copy of the instruc tions which he [Mr. Marcy] had given, on the 14th-duly, to Gov. Stevens, of Washing ton Territory, having a special reference to an "apprehended confliotbetween our citizens and the British subjects on the Island of San Juan." To prevent this, the Governor was instructed " that the officers of the Territory should abstain from all acts on the disputed grounds which are calculated to provoke any conflicts, so far as it can be done without im plying the concession to the authorities of Great Britain of an exclusive right over the premises. The title ought to be settled be fore either party should attempt to exclude the other by force, or exercise complete and exclusive sovereign rights within the fairly disputed limits." In acknowledging the receipt on the next flay of Mr. Marcy's note, the British minister expressed his entire concurrence "in the propriety of the course recommended to the governor of Washington Territory, by your [Mr. Marcy's] instructions to that officer." and stateing that he had " lost no time in transmuting a copy of that document to the governor-general of British North America," and had " earnestly recommended to his Excellency to take such measures as to him may appear best calculated to secure, on the part of the British local authorities and the inhabitants of the neighborhood of the line in question, the exercise of the same spirit of forbearance which is inculcated by you [Mr. Marcy] on the authorities and citizens of the United States." Thus matters remained upon the faith of this arrangement until the 9th July last, when Gen. Harney paid a visit to the Island. He found upop.it twenty-five American residents with their tcamilies, and alsO an establishment of thit Hudson's Bay Company for the purpose of raising sheep. A short time before his ar rival one oi„ these residents had shot an ani mal belonging to the company, whilst tres passing upon his premises, for which, how ever, he offered to pay twice its value ; but that was refused. Soon after "the chief fac tor of the company at Victoria, Mr. Dallas, son-in-law of Governor Douglas, came to the Island in the British sloop-of-war Satontto, and threatened to tote this American (Mr. Cutler) by force to Victoria, to answer for the trespass he had committed. The American seized his rifle and told Mr. Dales if any - such attempt was made he would kill him on the spot. The affair then ended." Under these circumstances, the American settlers presented a petition to the General, "through the United States inspector of,cus toms, Mr. Hubbs, to place a force upon the island to protect them from the Indians as well as the oppressive interference of the au thorities of the Hudson Bay Company at Vic toria with their rights as American citizens." The General immediately responded to this petition, and ordered Captain George E. Pick ett, 9th infantry, " to establish his company on Bellevue, or Stan Juan island, on some suitable position near the harbor at the south • eastern extremity." This order was prompt ly obeyed, and a military post was establish ed at the place designated. The force was afterwards increased, so that by the last re turn the whole number of troops then on the island amounted in the aggregate to 691 men. Whilst I do not deem it proper on the pres ent occasion to go further into the subj.ct, and discuss the weight which ought to be at tached to the statements of the British colon ial authorities, contesting the accuracy of the information on which the gallant General acted, it was due to him that I should thus present his own reasons for issuing the order to Captain Pickett. From these it is quite clear his object was to prevent the British authorities on Vancouver's island from ex ercising jurisdiction over the American resi dents on the island of San. Juan, as well as to protect them against the incursions of the Indians. Much excitement prevailed for some time throughout that region, and serious danger of collision between the parties are appre hended. The British had a large naval force in the vioiuity ; and it is but an act of simple justice to the admiral on that station to state that he wisely and discreetly forbore to com mit any hostile alit, but determined to refer the whole affair to his government and awai, their instructions. This aspect of the matter, in my opinion demanded serious attention. It would have been a great calamity for both nations had they been precipitated into acts of hostility not on the question of title to the island, but merely concerning what should be its condi tion during the intervening period whilst the two governments might be employed in set tling the question to which of them it be longs. For this reason Lieutenant General Scott was despatched on the 17th St,ptember last to Washington Territory to take im mediate command of the United States forces on the Pacific coast should he deem this necessary. The main object of his mission was to carry out the spirit of the precau tionary arrangement between the late Secre tary of State and the British minister, and thus to preserve the peace and prevent col lision between the British and American au thorities pending the negotiation between the two governments. Entertaining no doubt of the validity of our title. I need scarcely add that, in any event, American citizens were to be placed on a footing at least as favorable as that of British subjects, it being understood that CaptainPiokett's company should remain on the island. It is proper to observe that, considering the distance from the scene of ac tion, and in ignorance of what might have transpired on the spot, before the General's ar rival, it was necessary to leave much to his dis cretion, and I am happy to state the event has proven that this discretion could not hive been intrusted to more competent hands-- General Scott has recently returned from his mission, having successfully accomplished its objects, and there is no longer any good rea son to apprehend a collision between the forces of the two countries during the pen dency of the existing negotiations. I regret to inform you that there has been no improvement in the affairs of-Mexico since my last annual message, and I am again obliged to ask the earnest attention of Con gress to the unhappy condition of that re public. The Constituent Congress of Mexico, which adjourned. oil the 17th of February, 1857, adopted a constitution and provided for a pop ular election. This took place in the follow ing July, [18570 and General Comonfort was -litiOHANAN. chosen Presidhnt, almoit without opposition. At the same election: a new Congress was chosen, whose first session commenced on the 16th of September, [1857.] By the constitu tion 0f1857 the presidential term was to be gin on the let of December, [1857,] and con. tinne for four years. On that day General Comonfort appeared before the assembled . Congress in the City of Mexico, took the oath to support the new Cordtitation, and was duly inaugurated as Presideid. Within a month afterwards he had been-driven from the capi tal, and a military rebellion had assigned the supreme power of the republic to Zuloaga.— The constitution provided that in the absence of the President his office should devolve upon the Chief Justice of the Supreme Court, and, Cen. Comonfort having left the country, this fauctionary, General Juarez, proceeded to form, ,at Ganajnato, a constitutional govern ment. Before this was officially known, however, at the capital, the government of Zuloaga had been recognized by the entire diplomatic corps, including the minister of the United States, as the de path" government of Mexico. The con stitutional President, nevertheless, maintained his position with firmness, and was soon es tablished with his cabinet at Vera Cruz. Meanwhile, the government of Zuloaga was earnestly resisted in many parts of the repnb lie, and even in the capital, a portion of the army having pronounced against it, its func tions were declared terminated, and an as sembly of citizens was invited for the choice of a new President. This assembly elected Gen eral Miramou, but that officer repudiated the plan under which be was choaen, and Zulo aga was thus restored to his previous position. He assumed it, however,, only to withdraw from it, and Miramon, having become by his appointment, " President Sul stitute," con tinues, with that title, at the head of the in surgent party. In my last annual message I communicated to Congress the circumstances under which the late minister of the United States suspen ded his official relations with the central gov ernment, and withdrew from the country. It was impossible to maintain friendly intercourse with .a government, like that at the capital, under whose usurped authority wrongs were constantly committed but never redressed. Had this been an old established government, with its power extending, by the consent of the people, over the whole of Mexico, a resort to hostilities against it would have been quite justifiable, and indeed necessary. But the country was a prey to civil war ; and it was hoped that the success of the constitutional President might lead to a condition of things less injurious to the United States. This suc cess became so probable that, in January last, I employed a reliable saint to visit Mexico, and report to me the actual condition and prospects of the contending parties. In cones quence of his report, and from information which reached me from other sources, favorable to the prospects of the constitutional cause I felt justified in appointing a new minister to Mexico, who might embrace the earliest suit able opportunity of restoring oar diplomatic relations with that republic. For this purpose a distinguished citizen of Maryland was select ed, who proceeded on ,his mission on the Bth of March last, with discretionary authority to recognize the government of President Jnarez,. if or. his arrival in Mexico he should find it entitled to such recognition, according to the established practice of the United States. On the 7th of April following, Mr. McLane presen ted his credentials to President Juarez, having no hesitation "in pronouncing the government of Juarez to be the only existing government iof the Republic."— He was cordially received by the author ities at Vera Cruz, and they have ever since manifested the most friendly dispo sition towards the United States. Unhappily, however, the constitutional government has not been able to establish its power over the whole republic. It is supported by a large majority of the people and the States, but there are important parts of the country where maw.. uo Ulltalelleb• Oyu,. of Miwarnnn maintains himself at the capitol ; and in some of the distant provinces there are military governors who pay little respect to the decrees of either government. In the mean time the excesses which always attend upon civil war, especially in Mexico, are constantly recurring. Outrages of the worst description are com mitted both upon persons and property. There is scarcely any form of injury which has not been suffered by our citizens in Mexico during the last few years. We have been nominally at peace with that republic, but " so far as the interests of our commerce or of our citizens who have visited the country as merchants, shipmasters, or in other capacitW, are con cerned, we might as well have be4en at war." Life has been insecure, property unprotected, and trade impossible except at a :risk of loss which prudent men cannot Le expected to incur. Important oontraco, involving large expenditures, entered into by the central government, have been ;set at defi ance by the local governments. Peace ful American residents, occutying their rightful possessions, have been tnddenly ex polled, the country, iu defiance, : nif treaties, and by the mere force .of arbitrakr power.— Even the course of justice has not'been safe from control, and a recent decree: of Miramon permits the intervention of goillernment in all suits where either Party is a foreigner.—, Vessels of the United States have been seized without law, and a consular officer who pro tested against such seizure has been fined and imprisoned for disrespect to the authori ties. Military contributions have been levied in violation of every principle -of right, and the American who resisted the lawless de mand has had his property forcibly taken away, and has been himself banished. From a conflict of authority in different parts of the country, tariff &dies which have been paid in one place have been- exacted over again in another place. Large numbers of our citizens have been arrested and impris oned without any form of examination or any opportunity for a bearing, and even when released have only obtained their liberty after much suffering and injury and without any hope of redress. The wholesale mas sacre of Crane • and his associates without trial in Sonora, as well as the seizure and murder of four sick Americans who had. taken shelter in the house of an American, upon the soil of ihe United States was communicated to Congress at its last session. Murders of a still more atrocious character have been committed in the very heart of Mexico, under the authority of Mira mon's government, during the present year. Some of these were only worthy of a barbar ous age, and, if they had not been clearly proven, would haVe seemed impossible iu a country which claims to be civilized. Of this description was the brutal massacre in April last, by order of Gen. Marquez, of three American physicians, who were seized in the hospital at Tipnbaya j while attending upon the sick and the dying of both parties, and without trial; as without crime, were hurried away to speedy execution. Little less shook ing was the recent fate of Ormond, Chase., who was shot in Tepic on the 7th of August by order of the same Mexican general, nut only without:a trial hut without any conjec ture by his friends of !the cause of his arrest. He'is 'represented as a young man 'of good character and intelligence, who had made ' numerous friends in 'Tepic by the courage and humanity which . he bad displayed. on several trying occasions, and his death was as unexpected as if was shocking to the . whole community. 'Other outrages might- be enumerated, but these are sufficient to illus trate the wretched state-of the country and the unprotected condition of the persons and property of oaf citizens in Mexico. i ' In all, these cases Our ministers have been . constant and faithfali in their demands for redress, but both they and this Government, which they have snocessively represented., have been wholly powerless to make their de mands effective. Thidr testimony in this re spect, and in referenda to the only remedy which, in their j migenlients,worild meet the ex igency, has been both uniform and emphatic. "Nothing biet a manifestation of the power of the Government of the United States (wrote our late minister in 1856) and of its purpose to penish these wrongs will avaiL I assure you that the unive sal belief here. is that. there is nothing to b apprehended from the. Government of the nited States, and that. local Mexican officials can commit these out rages upon American citizens with abSolute impunity." "I hope the President" wrote our present minister in August last) "will feel authorized to ask from Congress thepow er to enter Mexico with the military forces of the United States, at the call of the constitu tional authorities, in order to protect the cit izens and.the treaty rights of the United States. Unless such a power is conferred - upon him, neither the one nor the other will be respect ed in the existin' state of anarchy and disor der, and the outrages already perpetrated will never be chastised ; and, as I assured you in my No. 23, all these evils must in crease until every vestige of order and goy ernment disappears from the country." I have been reluctantly led to the same opinion, and in justiee to my countrymen who have suffered wrongs from Mexico, and who may still suffer them, I fell bound to announce this conclusion to Congress. The case presented, however, is not merely a ease of individual claims, although our just claims against Mexico have reached a very large amount. Nor is it merely the case of protection to the lives and property of the few Americans who may still remain in Mexico, although the life and property of every Ameri can citizen ought to be sacredly protected in every quarter of the world. But it is a ques tion which relates to the future as well as to the present and the past, and which involves, indirectly at least, the whole subject of our duty to Mexico as a neighboring State. The exercise of the power of the United States in that country to redress tho wrongs and pro tect the rights of our own citizens is none the less to be desired, because efficient and neces sary aid may thus be r,ndered at the same trite to restore peace ar.l order to Mexico it self. In the accomplihment of this result the people of the Un;'.ed States must neces sarily feel a deep and earnest interest. Mex ico ought. to .be a rich and prosperous and powerful republic. She possesses an exten sive territory, a fertile soil, and an incalcula ble store of mineral wealth. She occupies an important position between the Gulf and the ocean for transit route , and for commerce. is it possible that such a country as this can be given up to anarchy and ruin without an ef fort• from any quarter fur its rescue and its safety? Will the commercial nations of the world, which have so many interests connected with it, remain wholly indifferent to such a result? Can the United States, especially, which ought to share most largely in its com mercial intercourse, allow their immediate neighbor thus to destroy itself and injure them ? Yet, without suppbrt from some quar ter, it is impossible to - perceive how Mexico can resume her position among nations and enter upon a career which promises any good results. The aid which she requires, and which the interests of all commercial countries require that she should have, it belongs to this Gov ernment to render, not only by virtue of our neighborhood to Mexico, along whose territo ry we have a continuous frontier of nearly a thousand miles, but. by virtue, also, of our es -tablished policy, which is inconsistent with the intervention of any European power in the domestic concerns of that republic. The wrongs which we have suffered from Mexico are before the world, and mint deeply irnpres severy American citizen. A government which is either unable or unwilling to redress such wrongs is derelict to its highest duties. The difficulty consists in selecting and enfor cing the remedy. We may in vain apply to the constitutional government at Vera Cruz, although it is well disposed to do MI justice, for adequate redress. Whilst its authority is acknowledged in all the important ports and throughout the sea-coasts of the republic, its power does not extend to the city of Mexico and the States in its vicinity, where nearly all the recent outrages have been committed on American citizens. We must penetrate into the interior before we can reach the offenders, and this can only be done by pass. ing through the territory in the occupation of the constitutional government. The most acceptable and least difficult mode of accoui koto.ii.s n6o obioot sill bo to sot in concert with that , government. Their consent and their aid might, I believe, be obtained; but if not, our obligation to protect our own citizens in their just rights, secured by treaty, would not be the less imperative. For these rea sons, I recommend to Congress to pass a 'law authorizing the President, under such condi tions as they may deem expedient, to employ a sufficient military force to enter Mexico for the purpose of obtaining "indemnity for the past and security for the future. I purposely refrain from any suggestion as to whether this force shall consist of regular troops or votun teers, or both. This question may be most appropriately left to the decision of Congress I would merely observe that, should volun teers be selected, such a force could be easily raised in this country among those who sympathize with the sufferings of our unfortunate fellow citizens in Mexico, and With the unhappy ceudition of that republic. Such an accession to the forces of the con stitutional government would enable it soon to reach the city of Mexico and extend its' .power over the whole republic. that event there is no reason to doubt that the just claims of our citizens would be satisfied and adequate redress obtained for the inju ries inflicted upon them. The constitutional government have ever evinced a strong de sire to do us justice, and this might be secured in advance by a preliminary treaty. It may be said that these measures will, at, least indirectly, he inconsistent with our wise and settled policy not to interfere in the do mestic concerns of foreign nations. But does not the present case fairly' constitute an ex ception ? An adjoining republic is in a. state of anarchy and confusion from which she has proved wholly unable to extricate herself.— She is entirely destitute of the power to main tain peace upon her borders, or to prevent the incursions of banditti into our territory. In her fate and in her fortune—in her power to establish and maintain a settled govern ment—we have a far deeper interest, socially, commercially and politically than any other nation. She is now a wreck upon the ocean, drifting about as she .is impelled by different factions. As a good neighbor, shall we not extend to her a helping hand to save her ? If we do not, it would not be surprising should some other nation undertake the task, and thus force us to interfere at lust, under cir cumstances of increased .difficulty, for the maintenance of our established policy. I repeat the recommendation contained in my last annual'meesage that authority may be given to the President to establish one or more temporary military posts across the Mexican line in Sonora and Chihuahna,where these may be necessary to protect the lives and property of American and Mexican citi zens against the incursions and depredations of the Indians, as well as of lawless rovers on that remote region. The eStablishment of one such post at a point called Arispe, in So nora, in a country now almost depopulated by the hostile inroads of the Indians from our side of the line, would, it is believed, liave prevented much injury and many cruelties during the past season. A state of lawlessness and violence prevails on that distant. frontier. Life and property are there wholly insecure. The population of Arizona, now 'numbering more than ten thousand souls, are practically destitute of government, of laws, or of any regular administration of justice. Murder, rapine, and other crimes are committed with impunity. I, therefore, again call the atten tion of Congress ; to the neUessity for establish ing a territorial governmedt over Arizona. The treaty with Nicaragua of the 16th. Feb ruary, 1857, to - which 1 referred in my last annual message, failed to receive the ratifica tion of the government of tharrepublic, for reasons which I need not enumerate. A sim ilar treaty has been since concluded between the parties bearing date on Gib 16th March, 1859, which has already been ratified by the Nicaraguan Congress. This pill be imme diately submitted to, the Senatk for their rat ification. Its provisions MDR' t, 1 think, fail to be acceptable to the peopld of both coun tries. Our claims against the governments of Cos ta Rica and Nicaragua remain =redressed, though they are pressed in an earnest man ner, and not without hope of success. I deem it to be my duty once more earnest ly to recommend to Congress the passage of a law authorizing the President to employ the naval force at his command for the purpose of protecting the lives and properti , of Amer- ican citizens passing in transit across the Pan- ama, Nicaragua, and Tehuardepeo routes, against sudden and lawful outbreaks and dep redations. I shall not repeat the arguments employed ill former messages in support' of this measure. Suffice it to say that the lives of many of our people,,nnd the security of vast amounts of treasure passing and repas sing over one or more of these routes between the Atlantic and Pacific, may be deeply in volved in the action of Congress on this sub- I would also, again recommend to Congress that authority be given to the President to employ the naval force to protect American merchant vessels, their crews and cargoes, against violent and, lawless seizure ..and con fiscation in the ports of Mexico and the Span- ish American States when these countries may be in a disturbed and revolutionary con dition. The mere knowledge that . such an authority had been conferred, as I have al- ready stated, would of itself, in a great de gree, prevent the evil. Neither, would . , this require any additional appropriation , for the naval service The chief objectiin urged against the grant of this authority is, that Congress, by confer- ring it, would violate the constitution—that it would be a transfer of the war-niaking, or strictly speaking, the war-declaring power to the Executive. If this were well, founded, it would, of course, be conclusive. A very. brief examination, howevei, will plaee this objection at rest. Congress possess the sole and exclusiv,k) power, under the Constitution, "to declare war." They alone can "raise and support armies," and " provide and maintain a navy." But after Congress shall have declared war and provided the foreo necessary to carry it. on, - the President, as Commander-in-Chief of the Army and Navy, can alone employ this force in making war against the enemy.— This is the plain language, and history proves hat is was the well-known intention of the framers of the Constitution It will not be denied that the general "pow er to declare war" is without limitation; and embraces within itself not only what writers on the law of nations term a public or per fect war, but also an imperfect war—and, in short, every species of hostility, however confined or limited. Without the authority of Congress the President cannot fire a hos tile gun in any case, except to repel the at tacks of an enemy. It will not be doubted that under this power Congress could, if they thought proper, authorize the President to employ the force at his command to seize a vessel belonging to an American citizen which had been illegally and unjustly captured in a foreign port and restore it to its owner.— But can Congress only act after the fact—af ter the mischief has been done ? Have they no power to confer upon the President the au thority in advance to frunish instant redress should such a case afterwards occur ? Must they wait until the mischief has been done, and can they apply the remedy only when it is too late ? To confer this authority to meet future cases under circumstances strictly specified, is as clearly within the war-declar , ing power as such an authority conferred up on the President by act of Congress after the deed had been done. In the progress of a great nation many exigencies must ariseim peratively requiring that Congress should au thorize the President to act promptly on cer tain conditions which may or may not after wards arise. Our history has already pre sented a number of such cases. I shall refer only to the latest. Under the resolution of June 2d, 1858, "for the adjustment of difficulties with the republic of Par agua," the President is " authorized to adopt such measures and use such force as in his judgment may be necessary and advisable in the event of a refusal of just satisfaction by the government of Paragua." "Just satisfaction" 'for what? For " the attack on the United States steamer Water Witch," and "other matters referred, to in the an nual message of the President." Here the power is expressly granted upon the condition that the government of Paragua shall refuse to render this "just satisfaction." In this and other similar cases Congress have conferred upon the President power iu advance to employ the army and navy upon the happening of contingent future events; and this most certainly is embraced within the power to declare war. Now, if this conditional and contingent power could be constitutionally conferred upon the Presi dent to the ease of Paraguay, why may it not be conferred for the purpose of protecting the live§ and property. of American citizens in the event that they may be violently and unlawfully attacked in passing over the transit routes to and from Cali fornia, or assailed by the seizure of their vessels in a foreign port? To deny this power is to render the navy in a great degree useless for the protec tion of the lives and property of American citizens in countries where neither protection nor redress can be otherwise obtained. The thirty-fifth Congress terminated on the 3d of March, 1859, without having passed he "act mak ing appropriations for the service of the Post Office Department during the fiscal year ending the 30th June, 1800." This act also contained an appro priation "to supply deficiencies in tho revenue of the Post Office Department for the year ending the 10th of June, 1850." I believe this is the first in stance since the origin of the Federal Government, now more than seventy years ago, when any Con gress went out of existence without having passed all the general appropriation bills necessary to car ry on the government until the regular period for the meeting of a new Congress. This event im posed on the Executive a grave responsibility. It presented a choice of evils. Had this omission of duty occurred at the first session of the last Congress the remedy would have been plain. I might then have instantly recalled them to complete their work—and this without ex pense to the Government. But on the 4th of March last ; there wore fifteen of the thirty-three States which had net elected any representatives to the present Congress. Had Congress been called to gether immediately, these States wduld have been virtually disfranchised. If at. intermediate period had been selected, several of the States would have been compelled to hold, extra sessions of their legislatures, at great incouveuleace and dxpense, to provide for elections at an earlier day than that previously fixed by law. In the regular- coarse, ten of these States would not elect until after thO beginning of August, and five of these ten not un til October and November. On the other band, when I came to examine carefully the condition of the Post Office De `a' partment, I did not meet as many or as great difficulties as I had apprehended Had the bill which failed been confined to appropriations for the fiscal year ending on the 30th June next, there would have been no reason of pressing importance for the call of an extra session. Nothing would become due on con tracts (those with railroad companies only ex cepted) for carrying the mail for the first quar ter of the present fiscal year commencing on the lst of -July, until the Ist of December-- less than one week before the meeting. of the present Congress. The :reason is that the mail contractors for this the car rent year did not complete their first quarter's service until the 30th September last; and by the terms of their contracts sixty days more are allowed for the settlement of their accounts before the Department could be called upon for pay ment. The great difficulty and the great hardships consisted in the failure to provide for the pay ment of the'deficiency in the fiscal year ending the 30th June, 1859. The Department had entered into contracts, in obedience to existing laws, for the service of that fiscal year, and the contractors were fairly entitled to their-com pensation as it became due. The cleficiency as stated in the bill amountedito $8,888,728, bat, after a careful settlement of all these accounts it has been ascertained that it amountst $4,296,009: With the scanty means et his command the Postmaster General has managed to pay that portion , of this deficiency which occurred in the first two quarters. of the p .st fiscal year, ending on. the 31st December last. In the mean time the contractors themselves, under these trying circumstances, 'have hayed in a manner worthy of all commendation. They had one resource in the midst of their embarrassments. After the amount due to each of them had been ascertained sod finally settled according to law, this becarniA specific debt of record against the United. States which enabled them to borrow money on this nuquen.v tionable security. Still they were. :obliged.te. pay interest in ionsequence of the default of. Congress; and on every principle • ofjustiee ought to receive interest from the Citivernmente This interest should commence from *4402 when a warrant would have iseuca or payment of the principal had iiifipyrdpriiiidon [Conclusion • onibuithlgto:l NO. M.
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