Tho explanatory amendment may b
confined to tho final settlement of tho tru
construction of tho Constitution ou three
special points.
1. All expenses recognition of tho right
o f property in slavcsiiu tho States whero
it now exists or may hereafter exist.
2. '1 ho duty Of protecting tins right to
nil tho common Territories throughout their
lorritorial cxrstance. and until thon sli al 1
bo admitted ns States into tho Union, with
,r without slaves as their Constitution may
i i- senbo.
') A liko recognition of tho r'mht of
purpsd, together' with a declaration that
1 ' -vft...w ... ...-..,.. ...,
all State laws impairing or defeating this
right are violations of tno Constitution,aud
ture consinuently null and void.
It hiay bo objected that this construe
tion'of tho Constitution has already been
settled by tho Supremo Court of tho Uni
ted Slates, and what more ought to be
rcnuired I Tho answer is, that a very
largo portion of tho pooplo of tho United
States still contest tho correctness of this
decision, and never will ccaso from agita
tion and admit its binding forco uutil clear
ly established by the pooplo of tho scvoral
States In their sovereign character. Such
au explanatory amendment would, it is
bolicvcd, forever terminate tho existing
discusions and rcstoro peace and harmony
among the States.
It ought not to bo doubted that such an
appeal to tho arbitrament established by
tho Constitution itself would bo received
with favor by all tho States of tho Confed
eracy, lu any event it ought to bo tried
in a spirit of conciliation beforo any of
thoso States shall scporato themselves from
tho Union.
When I entered upon tho duties of tho
Presidential offioo, tho aspect neither of
our foreign nor domestic affairs was at all
...,..?.. 1l' - i....l .Inn.
&U UlllUI ! llViW .. uuw
jrcrous complications witu several nations,
and two of our Territories were, in a state
,of revolution agaiust tho Government. A
restoration of. tho African slavo trado had
.numerous and powerful advocates. Un
lawful military expeditions were counte
nanced by many of our citizens, and were
suffered, in defiance of the efforts of the
Government, to cscapo from our shores,
for tho purposo of making war upon tho
unoffending people of neighboring repub
lics with whom we wero at peace. In ad
dition to-theso and other difficulties, we
experienced a revulsion in monetary af
fairs, soon after my advent to power, of
unexampled severity and of ruinous con
sequences to all tho great interests of the
country. When wo take a retrospect of
what was then our condition and contrast
this with its material prosperity at the time
of the lato Presidential election, we have
abundant reason to return our grateful
thanks to that merciful Providence which
has never forsaken us as a nation in all
our past trials.
OUll FOREIGN RELATIONS.
GREAT BRITAIN.
Our relations with Great Britain are of
tho most friendly character. Since tho
commencement of my administration, the
two dangerous questions arising from tho
Clayton and Bulwcr treaty and from tho
right of search claimed by tho British Gov
ernment, havo been amicably and honora
bly ndjuskd.
Tho discordant constructions of tho
Clayton and Bulwcr treaty between tho
two governments, which, at different peri
ods of the discussion, bore a threatening
aspect, havo resulted in a final settlement
entirely satisfactory to this Government.
In my last annual messago I informed
Congress that the British government had
not then "completed treaty arrangements
with tho republics of Honduras and Nic
aragua, in pursuanco of the understanding
between tho two governments. It is never
theless confidently expected that this good
work will ere long bo accomplished." This
confident expectation has since been ful
filled. Her Britanio Majosty concluded a
treaty with Honduras on tho 28th Nov
ember, 1850, and with Nicaragua on the
23th August, 1800, relinquishing the Mos
quito protectorate. Besides, by the for
mer, tbo Bay Islands aro recognized as a
nart of tho renublie of Honduras. It
may bo observed that tho stipulations of
tbeso treaties conform in every important
particular to the amendments adopted by
tho Senate of tho United States to the
treaty concluded at London ou the 17th
October, 1600, between tho two govern
ments. It will bo recollected that this
treaty was rejected by tho British Govern
ment becauso of its objection to the just
and important amendment or the Sonate
to tho article relating to Ruatan and the
other islands in tho Bay of Honduras.
It must bo a source of sincere satisfac
tion to all classes of our fellow citizens,
and especially to those engaged in foreign
commerce that the claim, on tho part of
Great Britain, forcibly to visit and search
American merchant vessels on tho high
seas in time of peaco, has been abandoned.
This was by far tho most dangerous ques
tion to tho pcaco of the two countries
which has existed sitco the war of 1812.
Whilst it remained opon, they might at
any moment havo been precipitated into a
war. This wa3 rendered manifest by the
exasperated stato of publio feeling through
out our cntiro country, produced by the
forcible search of American vessels by
Biititli cruisers on tho coast of Cuba, in
tho spring of 1858. Tho American peo
ple hailed with general acclaim the orders
of the Secretary of tho Navy to our naval
force in tho Gulf of Mexico, "to protect
all vessels of tho United States on thoi
high seas from search or detention by tho
vessels-of.war of any other nation." Thcso
orders might havo produced an immediate
collision between tho naval forces of tho I
two countries. This was most fortunately I
prevented by on appeal to tho justice of I
.n.Lr ..ii. . i. ..- 1
ureal iiricaiii- uuu ru wiu law ui uuuous
as expounded tv her own most eminent i
jurists.
The only question of any importance
vhich still remains open is the disputed
titlo between tho two eovcmacnts to tho
me innsicr to uuvu ms siavo, who escapes can servo in the armies ot -franco unless vessels nt the ports of t
l- . - C. .-. . 1 I 'I 1 . tl , ... ... t ,-.. I . . 1 ...
ir.nu quo otaio 10 unoiuer, resiureu uuu no do a rrcncu citizen, l no law of f ranco ana f ucliauj ana it
"delivered up" to him, and of tho validity recognizing tho natural right of expatriation.! this amount shall bo in
nT 'llin I, i ititivfi Vl-ivn Into rMiti-.,,l tnp tlna tf In nv. na n
inland of San Juan, m tho vicinity of remaining continental powers of Europe,
Washington Territory. As this question including that as tho Sultan, our relations
is still under negotiations it is not deemed continue to be of tho most friendly char
advisable at the present moment to-mako- actcr.
any other- allusion to tho subject. china.
Tho roenfc visit of tho Princo of Wales. Tho friendh and peaceful policy pursued
in a nrlvato character, to the peoplo of this
oountry, lias proved to bo a most auspici- towards tlto'cmpiro of China,has produced"1 had tho Mexican authorities becomo of
ous event, lu its consequences, it cannot the most satisfactory results. Tlio- treaty I our patient enduranrio, that they univor
nil to inc.a tho kindred and kindly of Tientsin, cf tho 18th of Juue, 1859, has sally believed they wight eomaiit these
feelings which I trust may over netuato tho
government nnd pooplo of both countries
in their political and social intercourse with
each olhcr.
FRANCE,
With Franco, our ancient and powerful
ally, our relations coutinuo to bo of the,
most friendly character. A decision has
recently been mado by a French judicial
trihiniiil. with tlm nnnrnlinlinn .r .!.. T... '
penal Government, which cannot fail to 1
foster tho sentiments of mutual regard that,
havo so long existed between tho two coun-
tries. Uuder the French law no nersnu
la Frenchman, by the fact of having be-
(M .vu.,. wa . m,iUMtj vuuawmuutu uulb
couio a citizen of tho United States, has
.changed his allegianco and baj lost his na
tive character. Ho cannot, therefore,,
bo compelled to servo in tho French armies
in case ho should return to his nativo '
country. These principles wero announced '
in 1852 by tho French Minister of "War, I
and in two lata cases havo been confirmed!
by tho 1' rench judiciary. In these, two I havo been adjusted by tho board of commis
natives of Franco havo been discharged i Bioncrs appointed for that purposo under
irom mo -urencu army uecauso tuny had
become American citizens. To employ
tho languago of our present Minister to
France, who has rendered good servico on
this occasion. "I do not think our French
naturalized fellow-citizons will hereafter
oxpcricuco much annoyanco on this sub
ject." I venturo to predict that tho time
is not far distant whon tho other conti
nental powers will adopt tho samo wise
and just policy which has dono so much
honor to tho enlightened government of,
tho Emperor. In any ovent, our Govern-'
i i . .1 . . . i t .
mem. is uuuuu'iv prutuwd iuu nguis oi our
naturaiizcu citizens everywuero to the
samo extent as though they had drawn
their first breath in tins country. Wo can
recognizo no distinction between our nativo
and naturalized citizens.
RUSSIA.
Between tho groat empire of Russia and
tno unitcu states tno mutual friendship
and regard which ha, so long existed still
continues to prevail, and, if possible, to in-
.. T .1 . . 1 . i ,i
-ruusu. l-ureu our reiauous witu mat
Empiro are all that wo could desire.
SPAIN.
- .... ..in .
uur .relations witn opain arc now of a
moro complicated though less dangerous I proved fully equal to tho delicate, trying
character than they hare been for many 1 and responsible positions in which they
years. Our citizens havo long held, and jhavo on different occasions been placed,
continuo to hold, numerous claims against JArAN.
tho Spanisli government. Those had been Tho ratifications of tho treaty with Ja
ably urged for a series of years by our , pan concluded at Yedo on tho 2i)th July,
successive diplomatio representatives at 1858, wore exchanged at Washintgon on
Madrid, but without obtaining redress. .the 22d May last, and tho treaty itself
Tho Spauish governmpnt finally agreed to was proclaimed on tho succeeding day.
instituto a joint commission for the adjust-1 Thero is good reason to expect thai, un
ment of these claims, and on tho 5th day dor its protection and influence, our trado
of March, 1800, concluded a convention 'and intercourse with that di.tant and iuter
for this purposo with our present Minister estiug people will rapidly increase,
at Madrid. Under this convention, what I Tho ratifications of the treaty wero
Uave been denominated 'tho Cuban claims,' I
anipuuting to 8128,635 nnd 54 cents, in , this purposo tho Tycoon had aeorcditcd 1 deemed it my duty to recommend to
which moro than ono hundred of our fel-1 three of his most distinguished subjects as Congress, in my last annual message, the
low-citizens aro intcrcstcd.wero recognized envoys extraordinary and ministers pleni-' omployment of a sufficient military forco
and tho Spanish government agreed to pay potentiary, who were received and treated to penetrate into tho interior, whero tho
8100,000 of this amount "within threo with marked distinction and kindness both government of Miramon was to be found,
months following the exchango of ratifica-by tho Government and pooplo of tho iwitb or, if need bo, without tho consout of
tions." Tho payment of tho remaining U. States. There is ev.iry reason to tho Juarez government, though it was not
S26,G35 51 was to wait the decision of tho bcliovo that they havo returned to their doubted that this consent could bo ob tain
commissioners for or against "tho Amistad native land entirely satisfied with their e4 Never havo I had a clearer couvio
claim i"but in any event tho balanco was I visit, and inspired by tho most friendly tion on any subject than of tho justice as
to bo paid to tho claimants either by Spain feelings for our country. Let us ardently well as wisdom of such a policy. No
or the United States. These terms, I havo hopo, in the languago of tho treaty itself, other alternative was left, except tho en
overy reason to know, aro highly satisfac- that "there shall henceforward be perpetual tire abandonment of our follow-citizens
tory to tho holders of the Cuban claims. ' peace and friendship between tho United who had gono to Mexico, uuder the faith
Indeed , thoy have mado a formal offer States of Amorica and his JIajosty tho f treaties, to tho systemitio injustice,
authorising tho State Department to settlo Tycoon of Japan and his successors." .cruelty, and oppression of Miramon's
thcso claims, and to deduct tho amount of luazii.. ' government. Besides, it is almost certain
tho Amistad claim from tho sums whieh With the wise, conservative, and liberal that the simplo authority to employ this
they aro entitled to rcccivo from Spain. government of tho empiro of Brazil our frco would of itself hava accomplished all
This offer, of course, eannot bo accepted, (relations coutinuo to be of tho most ami- ur objects without striking a single blow.
AU otber claims of citizens of tho United
States against Spain, or of subjects of tho
Queen of Spain against the United States,
including the "Amistad claim." were by
l,v .
!.:.... : !., i . J
iui3 tuuitiiuuu luiurreu io a noaru ol com- urauaua, signeu at asuington on tho uo U3 justice.
missionors in the usual form. Ncithcrtho 10th of September, 1857, has been long! In addition and I deem this a most
validity of tho Amistad clahn nor of any delayed from accidental causes, for which important consideration European gov
other claim against cither party, with tho ; neither party is censurable. Those rati- . erumcnts would have been deprived of all
o t r... w ... v.UUMM Planus, i.as
recognized by tho convention. Indeed, I
tno opanisii government dm not insist that
tho validity of tho Amistad claim shonl.!
bo thus recognized, notwithstanding its
payment had been recommended to "Con
gress by two of my predecessors as well
as myself, and an appropriation for that
purposo had passed tho Senate of tho Uni
ted States. They wero content that it
should be submitted to tho board for ex
amination and decision, liko the other
claims. Both governments wero bound
respectively to pay tho amounts awarded
to tho several claimants, at such times and,
places as may bo fixed by and according
to tho tenor of said awards."
I transmitted this convention to tho Sen
ato for their constitutional action on the
3d May, 1800, and on tho 27th of the
succeeding Juno they determined thatthey
would "not advise and consent" to its rat
ification. Thcso proceedings plaeo our relations
with Spain in an awkward and cmbrrass
ing position. It is more than probable
that tho final adjustment of thcso claims
will devolve upon my successor.
I reiterate tho recommendation contain
ed in my Annual Messago of December,
1858, and repeated in that of 1850, in fa-
vor oi iuu acquisition oi uuoa irom Hnnin
by futr purchase. X firmly believo that
such an acquisition would contribute cssen
tially to tho wcll.bcmg anl prosperity of
ootu countries in an luture time, as well
as provo tho certain means of immediately
l.-l'l- ., t! , .... .''
auuiisnii.iruiu ivirican nuvu traue turou"h-
out tho world. I would not repeat this
recommendation upon tho present occasion,
if I believed that tho transfer of Cuba to
the United States upon conditions highly
favorablo to Spain, could justly tarnish tho
national honor of tbo ancient Spanish
Monarchy. Surely no person ever attrib
uted to tho first Napoleon a disregard of
.i i! it tf i
uv uuiivuui uuuui ui rmuuu, iur iransicr
ring Louisiana to mo unncu atatcs tor a
fair equivalent both in inonoy and com
mercial auvantages.
Ausrni.i, ETC.
I With tho Emperor of Austria, and tho
by the Government of tho United States
been faithfully observed by tlio Chincso
authorities, Tbo Convention of tliu 8th
Novcmbor, 1808j supplimcntary to this
troaty, for tlio adjustment and satisfaction
of tbo claims of our citizens on China, re
ferred to in ruy last Annual Message t lias
been already oarricd into effect, so far aa
this was practicable
Under this convention tho s urn of 000,-
nnn -,!, n.i,.l i. .!.. o-nii mm .. n.
stipulated to bo paid in satisfaction of
tho claims of Amoiiean citizens, out of
tho ono-Gfth of tho receipts for touuago
imnort. nnd exnorfc duties on Amr.i
JitDton, bhanghae,
was "agreed that
i full liquidation of
. -Ilk louim? VI -t&lllV-llu.lll 111ICU Uv 1110
various ports to tb'n date." Dcbcnturos
for this amount to wit s 300,000 taols
for Canton, 100,000 for Shauchad. and
100,000 for Fuchau wero delivered
according to tho terms of tho convention
by tho respectivo Chincso collectors of tho
customs of thcso ports to tho agent selected
by our minister to rcccivo tho same.
Sineo that time tho claims of our citizens
tho act of March U, 185!). and their
awards, which proved satisfactory to the
claimants, uavo c-ccn approvca by our
Minister. In tho aggregate they amount
to the sum of 8103,00-V 78. Tho claim
ants have already received a largo propor
tion of tho sums awarded to them out of
tho fund provided, and it is confidently
expected that the remainder will ero long
be entirely paid. After tho awards shall
liavo been satisfied, thero will remain
surplus of moro than 8200,000 at tho dis-
position of Congress. As this will in equity
i i . i. I- 1 .-
iciung iu iuo uiuuesa government, woulu
not justieo requiro its appropriation to
somo benovoleut object in which the
Chincso may bo specially interested I
Uur minister to (Jmnii, in obed cneo to
his instructions, has remained perfectly
neutral iti tho war between Great Britain
and iranco and tho Chinese empiro:
although, in conjunction with tho Russian
minister, ho was ever ready and willing,
had tho opportunity offered, to employ
1 1 rv . ' -
"is coou omccs in rcHOriUL' noaco bctwonn
the parties. It is but an act of simnlo
justice, both to our present minister and
bis proclccessor, to state, that thev havo
exchanged with unusual solemnity. For
eablo character. i
HEW aitE.s'AD.v.
Tho exchange of tho ratifications of tho '
convention with tho Ronublio nf
n i - i . ... . . .
wo uij tAuiuiigcu in mis city
on the 5th of November last. Thus has a
controversy been amicably terminated
which had becomo so serious at tho period
of my inauguration, as to requiro mo, on
ruqunu iuu, on
tup 17 tli of April, 1857, to direct our
juiiusicr iu uuiuiiuu ms passporis anu rc- boring republic ot portions of her territo
tum to tho United States. , ry ; a duty from whieh wo could not
Under this convention the government shrink without abandoning tho traditional
ot jncw UrauaUa has spcoially acknowled-
ged itself to bo responsible to our citizens
"for damages which were caused by tho
nut at x auuiiia on mo latii April, itiiM."
I hejc claims, together with other claims
.p .::.... .....!. t...i i ,.
of our citizens which had been lone urced
in vain, aro rclcrred for adjustment to a ,
lloara ot Ijomnussioners. I submit a co-'
py ot tno Convention to Congress, and
recommend the legislation necessary to
carry it into effect. 1
COSTA RICA AND NICARAGUA.
Pcrsovering efforts havo been inado for
the adjustment of tho claims of Amorican
citizens against tho government of Costa
idea, and 1 am happy to inform you that tho Senate for ratification. As tbeso havo
those havo finally prevailed. A conven- j not yet received tho final action of that
tion was signed at tho city of San Joso,on I body, it would be improper for mo to pro
tho 2d of July last, be'wcen tho minister ! sent a detailed statement of their provis
resident of the United States in Costa ions. Still I may bo permitted to express
Rica and tho plcnipoteniaries of that re-; tho opinion in advanco that they aro cal
publio, referring these claims to a board eulated to nromotntho nwimiltnral. tn.imi.
of commissioners, and providing for tho
payment of their awards. This conven-1
uw" Hiu uu duuiuil iuu uiiiiicuiutciy 10 lUO
Senate for tho rccoustitutional action.
Tho claims of our citizens upon tbo re
public of Nicaraugua havo not yet been
provided for by treaty, although diligent
efforts for this purposo have been mado by
our minister resident to that republic.
Thcso are still continued, with a fair
prospoet of success.
MEXICO.
Our relations with Moxico remain in a
most unsatisfactory condition. In my last
two annual messages I discussed exten
sively tho subject of theso relations, and
do not now proposo to repeat at length
tho facts and arguments then presented.
They proved conclusively that our citizens
residing in Mexico and our merchants
trading thereto had suffered a series of
wrongs and outrages such as wo havo nev
er patiently borne from aiy other nation.
For theso our successive ininistcrs, invo
king tho faith of treaties, Had in tho namo
of their country, persistently demanded
redress and indemnification, but without
tho slightest effeett Indeed, do confident
outrages upon Amorican citizcns.with ab
solute impunity.. J. bus wrote our minister
in 1850, aiid expressed tho opinion that
"uothiug but a manifestation of tho power
of tlio government, ana ot its purposo to
punish thcso wrongs, will avail."
Afterwards, in 1857, camo tho adoption
of a now coustitutiou for Mexico, tho elec
tion ot a Jt'rcsmcht and Congress under
its provisions, and tho inauguration of the
President. Within ono short mouth.
howorcr, this President was expelled from
tho capital by a rebellion in tho army,and
tho supreme power of tho republic was
assigned to General Zuloaga. This usur
per was, in his turn, soon compelled to re
tiro and givo plaeo to General Miramon.
Under tho constitution which had thus
been adopted. Senor Juarez, as Chief
Justice ot tno Ouprcmo Uourt, becamo tlio
lawful President of tho Republic ; and it
was for tho maintenance of lha constitu
tion, and his authority derived from it,
that tho civil war commenced, and still
continues to be prosecuted.
Throughout tho year 1858 tho conti
tutional party grew stronger and stronger.
In tho previous history of SIcxico a suc
cessful military revolution at tho capital
had almost universally been the signal lor
submission throughout tho republic. Not
so on the present occasion. A majority
of tho citizen persislently sustained tho
constitutional government. When this
was recognized in April, J 850, by the
Government of tho United States, its au
thority extended over a large majority of
tho Mexican States and people, including
Vera Cruz and all othor important sea
ports of tho republic. From that period
our commerco with Mexico began to ro
vive, and tho constitutional government
has afforded it all the protection in their
power.
Meanwhilo, tho government of Miramon
still held sway at tho capital .and over the
surrounding country, and continued ita
outrages against the fow American citi
zens who still had the eouraqo to remain
within its power. To cap tho climax :
After tho battlo of Tacubaya, in April,
1850, (Jen. Marquez ordered three citi
zens of tho United States, two of them
physicans, to be seized in the hospital ut
that place, taken out and shot, without
crimo and without trial. This was done,
notwithstanding our unfortutiato country
man wero at tho moment engaged in tho
holy cause of affording rolief to the sol
diers of both parties who had been woun
ded in tho battlo, without making any
distinction between thorn.
Tho timo had arrived, in my opinion,
when this Government was bound to ex
ert its power to aveugo and redress tho
wrongs of our citizens and to afford them
protection in Mexico. Tho interposing
obstacle was that tho portion of the coun
try under tho sway of Miramon could not
I be reached without passing over territory
' under tho jurisdiction of tlio constitutional
government.
Under these circuuistannn...
Tho constitutional government would then
ere this have been cstablMied at the city
f Mexico, and would havo been ready
and willins. to tho extent of its abilitv. to
i .
jnuii&b iiuuriurcu in tno territorial ana
domestic concerns of Mexico. Wo should
thus havo been relieved from tho oblijia
tion of resisting, even by force, should
tins uccoiuu necessary, any attempt uy
this becomo
these governments to dcpnvo our neigh-
and established policy of tho American
people. I am happy to obscrvo, that,
firmly relying upon tho justieo and good
faith ot tbeso Governments, thero is no
present danger that such a contingency
.., a j
will happen.
Having discovered that my recommon
datious would not be sustained by Con-
cress, tho next alternative was to aecom
plish, in some degree, if possible, tho samo
objects by treaty stipulations with the
Constitutional Government. Such treaties
wero accordingly concluded by our lato
ablo an excellent minister to JHcxico, and
on tho 4th January last wero submitted to
facturing, and commercial iutorost! of tho
country, and to sccuro our just influence
with an adjoining rcpublio as to whoso
fortunes and into wo can never feel indiff
erent ; whilst at the same time they pro
vide for tho payment of a considerable
amount towards tho satisfaction of tho
claims of our injured fellow citizens,
KANSAS AND UTAH.
At the period of my inauguration I was
confronted in Kansas by a revolutionary
Government, existing under what is called
the Topeka Constitution. Its avowod ob
ject was to subdue the Territorial Govern
ment by force, and to inaugurate what was
c.Uled the Topeka Government in its ste.id.
To accomplish this object an extensive mil
itary organization was formed, and its com
mand entrusted to tho most violent revolu
tionary leaders. Under these circumstances
it becamo my imperative duty to exon the
whole constitutional power of the Executive
to prevent the flames of civil war from ngnin
ragiag in Kansas, which, in the excited
state of tho public mind, both North uud
South, might have extended into the neigh
boring States.
The h8tile parties in Kansas had been
inflamed against each othor by cmissnrios
both from tho Nurth and the South, to add
urce of malignity without paruloll in our
history. To prevent actual collision, and to
assist the civil magistrates in enforeing the
lawr, a stroo; detachment of th army was
sUtlonod lu tho Territory, ready to aid the
marshal and his doputics, when lawfully
callod upon, ns n posse eomilalii In tho exe
cution of civil and criminal jfrocoss.
Still, tlio troubles could nit havo been
permanently setllod without an election by
tho pooplc. Tho ballot-box is tho surcit ar
biter of disputes among frcemon. Under
this conviction, every propor"crort was em
ployed to induce tho hostila parties to voto
at the election of delegates to' framo u
State Constitution, and nffrrwards at tlio
election to decido whether Kunsas should bo
a slavo or a free Stato. Tho insurgent par
ty refused to voto nt cither, lest this might
bo considered a rtcognition ou their part of
the Territorial Oovcrnmont established by
Congoss. A bettor spirit, howovcr, seemed
toon after to provail, and tho two parties
met faco to face at tho third election, held
on ths'first Monday of January, 1858, for
members of tho Legislature nnd Stato offi
cers under tho Lceompton Coustltution.
Tlio result was tho triumph of the anti-slavery
party nt tho polls. This decision of
tho ballot-box proved elenrly that this party
wero in the majority, nnd removed tho dan
cer of civil war. From that time wo havo
heard little or nothing of tho Topeka Gov
ernment, and all serious danger of revolu
tionary troubles in Kansas at an end.
Tho Lccompton Constitution, which had
been thus recognised at this State olcctlon
by tho votes of both political partios in Kan
sas, was transmitted to mo with tho lequost
that I should present it to Congress. This
I could not havo refined to do without io
luting my clearest and strongest convictions
of duty. The Constitution, nnd nil tho' pro
ceedings whioh preceded nnd followed its
formation, wero fair nnd regular on their
face. I then believed, and experience has
proved, that the interosts of tho people of
Kansas would have been best consulted by
its admission as a State into tho Union, es
pecially as the majority, within u brief pe
riod, could have amended the Constitution
according to their will and pleasure. If
fraud existed in all or any , of these proceed
ings, it was not for the President, but lor
Congress, to investigate and determine the
question of lraud, and whnt ought to bo its
consequences. If, nt the first two elections,
the majority refused to vote, it cannot bo
pretended that this refusal to exercise tho
elective franchise could invalidate au elec
tion fairly held under lawful authority, even
if they had not subsequently voted at the
third election. It is true that the wholo
Constitution had notbecu submitted to tho
people, as I nlways desired ; but tho prece
dents are numerous of the admission of
States into tho Union without submission.
It would not comport witli my presant
purpose to review the proceedings of Con
gress upon the Locompton Constitution. It
Is sufficient to observe that their fluul no
tion has removed all vestigo of serious revo
lutionary troubles. The desporate.band re
cently nssembled, under a notorious outlaw
in the Southern portion of the Territory, to
resist the execution of tho laws and to plun
der poaueful citizens, will, I doubt not, bo
speedily subdued and brought to justice.
Had I treated the Lecompton Constitu
tion as a nullity nnd refused to transmit it to
Congress, it is not difficult to imag'tno, whilst
recalling tho position of the oountry nt that
moment, what would have been the disas
trous consequences, both in und out of tho
Territory, from such n dereliction of duty
on tho part of the Executive
Peace has also been restored within
tho territory of Utah, which, ut tho com
mencement of my Administration, was in a
state of open rebellion. This was the more
dangerous, as tho pcoplo, animated by a fa
natical spirit, nnd entrenched within their
distant mountain fastnessos, might have
mado a loog and formidable resistance. Coit
what it might, it was nooe.sary to bring
them into subjection to the Constitution and
the laws. Sound policy, therefore, as well
ns humanity, required that thisohject sho'd,
if possible, bo accomplished without tho
effusion of blood. This could only bo effect
ed by sending a military furco into tho Ter
aitory sufficiently strong to oonvineo tlio
pooplo that resistance would bo hopeless,
nud at the samo timo to offer them a pardon
for past offences or. condition of immcdiato
submission to the Government. This policy
was pursued with eminent success ; nud the
only causo for regret is the heavy oxpondi
ture required to march a long dotachmont of
tho army to that rouioto region, and to fur
nish it subsistence. Utah is now compara
tively peaceful and quiet, and tho military
force has been withdrawn, except that por
tion of it necessary to keep the Indians in
check, and to protect tho emigrant trains
on their way to our Pacific possessions.
riNlNCES.
In my first annual message, I promised to
employ my Lest exertions, in co-operation
with Congress, to reduce the expenditures
of the government within the limits of wise
and judicious economy. An overflowing
treasury had produced tho habits of prodig
ality and extravaganco which could only bo
gradually corrected. Tho work required
both time nnd patience. I npnped myself
diligently to this task from the begining.and
was aided by the able nnd encrgrtie efforts
of the heads of the different Kxccutive De
partments. Tho result of our labors in this
good cause did not appear in tho snm total
of our expenditures for the first two years,
mainly in consequence of tho extraordinary
expenditnre necessarily incurred in the
Utah expodition, and tho very largo amount
of the contingent expenses of Congress dur
ing this period. Tbcse.greatly exceed tho pay
and mileage of the members. For the year
ending 30th June, 1S5S, whilst tho pay and
mileage amounted to S1,490,214, the contin
gent expenses rose to $2,09 ,3 (JO 70, and for
tho year ending 30th Juno, 1859, whilst the
pay and mileage amounted to $859,093 CO,
the contingent expenses amounted to $1,431
505 78. 1 am happy, howovor, to bo ablo to
inform you that during the last fiscal year,
endiug on the 30th June 18G0, tho total ex
penditures of the government in all its
branches legislative, execut'vo, and judi
cial exclusi.e of tho nublio debt, wore re
duced to tho sum of $55,402,459 40. This
conclusively appears from tlio books of tlio
Treasury. In the year ending on tho 30th
Juno, 1858, the total expenditure, exclusive
of the publio debt, amounted to f.71,901.-
129 70, and that for the year ending 30th of
June, usay, to ?oo,.40,u 13. Whilst the
books of tho Treasury show an actual ex
penditure of 859,818,474 72 lor the year
ending on the 30th June, 18G0, ineluHini
81.040.GG7 71 for the contingent expenses of
Congress, there must bo deduceed from this
amount tho sum of 84,290,009 20, with the
interest upon it of 8150,000, appropriated
by tho act of 15th February, 1800, "for tho
purpose of supplying the defieicnoy in tho
revenue, and defraying the oxnenso of the
Post Office Department for tho year onding
thirtieth of Juuc, one thousaud oight hun
dred and fifty nine." This sunv thorcforo,
justly chargeable to the year 1859, must bo
deducted from tho sam of 859,848,474 72,
in order to ascertain tho expeuituro for the
year ending on the 30th Juno, 18G0, whieli
! leaves a balanco for the expoudituro of that
j year of S55,402,404 40. The interest on tho
' publio debt, including Treasury notes for
the samo fiscal year ending on' tho 30th
I June, 1860, amounted to $3,177 314 02,
i which, added to the above sum nf $55,402,
4G5 40, makes tho aggregate of $58,570,780
( 08.
It ought in justice to be observed that sev
I ercl of the estimates from tho department
1 for the year ending 30th June, 1800, were
i reduced by Congress below what was und
still is deemed cumpatiblo with the publio
, interest, Allowing a liberal margin of ?2,
. 000,000 for this reduction, und for other
, causes, it moy bo safely asserted that tho
,um of JCI.000,000, or, at the most, 562,-
000,000 Is amply sufficient to ndmlnistor the
Government and to pay tho Interoston the
fmblie dobt, unless contiiigont events should
lOfcniter reitder'extrnordinary expenditures
necessary. ( I 1 .
This rtsult has bceq attnincd in n consid
erable digroo by the caro' exercised by tho
appropriate departments In entering into
public contracts. I bavo myself never in
terfered with the award of any snch con
tract, except in a singla enso with the Col
ojlnatlon Society, deeming It ndvisablo to
cast the wholo responsibility in each caso
on tho proper head of tho department, with
-the gsneral Instruction that thcso contracts
should always bo given to tho lowest and
best bidder. It has ovor been my opinion
that publio contracts are not a legitimate
eourco nf patronage to be conferred upon
personal or political favorites : but that In
all such cases a public officer is bound to act
for tho Government ns a prudont individual
would act for himself.
ArnltiAX SLAVE TRADE, AC.
It is with great satisfaction I communi
cnto tho fact that, since tho data of my last
annual message, not a singlo slave has been
imported into tho United States In violation
of tho laws prohibiting tho African slavo
trado. This statement is founded upon n
thorough examination nnd investigation of
tho flubject. Indeed, tho spirit which pro
ovailed somo time among n portion of our fellow-citizens
in favor of this trade seems to
havo entirely subsided.
I also congratulate you upon the public
sentiment whioh exists ngaint tho crime if
setting on foot military expeditions within
the limits of tlio United Statos, to proceed
from thence and make war upon tho peoplo
of unoffending States, with whom wo are at
Eoace. In this respect a happy chango has
oen effected sineo tho commencement of my
Administration. It surely ought to bo tho
prayor of erery Christian and patriot that
such expeditions may never ugain rcccivo
countenance in our country or depart from
our shores.
It would bo a usoless repetition to do
moro than refer, with earnest commendation
to my former recommendations In favor of a
Paciflio railroad of tho grant of, power to
ths President to employ tho naval, foreo in
tho vicinity, for tho protection of tho lives
and property of our follow citizens passing
in transit ovor tho different Central Amoric
an mutes, against suddon nnd lawless out
breaks and depredations ; nnd also t pro
tect American merchant vessels, their crews
and cargoes against violent nnd unlawful
sclzuro and eonfiscation in tlio ports of Met
ico nnd tho South Amorioin Uepiiblies.wlion
these may bo in a disturbed nnd rovotutlou
nry condition. It is my sottlo I conviction,
that without such a power wo do not nffjrd
that protection to thoso engaged in the com
merce of the country which thoy havo a
right to demaud.
ELECTION OF MEMnnRS OV CONfiRF.sS.
I ngain rconmmnnd to Congress tho pas
sage of a law in pursuanco nf the provisions
of the Constitution, appointing a day cer
tain, previous to the 4th nf March, in each
year of on odd number, for tho election of
Representatives throughout all the States.
A similar power has already been exercised
with general approbation, in tho appoint
ment of the namrdav throughout the Uniun
for holding tlio eleetinn of electors for Pres
ident nnd Vice Presidont of tho United
States. My attention was earnestly direct
ed to this siibjoct from the fact that the
Thirty-fifth Congress terminated on the 3d
of March, 1859. without miking tho neces
sary appropriation for tlio service of tho
Post Office Department. I was then forced
to consider the host remedy for this omission,
and an immediate call of the prosont Con
gress was tho natural rr-sort. Upon inquiry,
liownver, I ascertained tint fifteen out of
the thirty-three States nompising tho Con
federacy were without Itepresentativos, and
that, consequently, theso fifteen States wo'd
ho disfranohisod by such a call. Those (if
toen States will bo in the samo condition on
tho 4th of March next. TciLnf them cannot
elect Representatives, according to existing
Stato laws, until different periods, extending
from the beginning of August next until
tho months of October and JCovomhor.
In my last message I gave warning that,
in a timo of sudden and alarming danger,
tho salvation of our institutions might de
pend upon tho power of the President im
mediately to assemble a full Congress, to
meet tho emergency.
TAi-.trr.
It is now quite evident that the financial
necessities of the Government will requiro
a modification ot tlietaritl Uunngyonr pro
sent session, for tho purpose nf innro.ising
tho revenue. In this aspect, I de.siro to re
itcrato the recommendation contnined in my
last two annual messages, in favor of impo
sing specific instead of ml caforent duties ou
alt imported nrticles to which theso can be
properly applied. From long observation
and experience I am convinced that specific
duties aro necessary, both to protect the
revenue nnd to secure tn nur manufacturing
interest that amount of incidental encour
agement which unavoidably results from n
rovenuo tariff.
As an abstract proposition jt may ho ad
mitted that ad calorein duties would, in the
ory, lo the most just and equal. Hut if the
experience of this and of nil other commer
cial nations lias demonstrated that such du
ties cannot bo assessed and collected with
out great frauds upon tho revenue, then it
is tho part of wisdom to resort to specific
duties. Indeed, from tlio very nature of un
ad valorem duty this must bo tho result.
Under it the inevitable consequence is, that
foreign goods will be entered at less than
their true value. The treasury will, there
fore, lose the dnty on the difference botweon
their real and fictitious value, and to this
extent wo nredofrauded.
Tho temptations which advalurem duties
presort to a dishonest importer are irresisti
ble. His object is to pass his goods through
tho custom-house nt the very lowest valua
tion necessary to savo them from confisca
tion. In this he too often succeeds in spito
of tho vigilanco of tho revenue officers.
Hence the resort to false invoices, one fur
tho purchase and another for tho custom
house, nud to other expedients to defraud
the government. Tho honost importer pro
duces his invoice to tho collector, stating
tho actual price at which ha purchased tlio
tirticlo abroad. Not so the dishonest import
er and tho agent of tho foreign manufactu
rer. And bore it may Ik observed that n
very large proportion of tho inonnfuctures
inipuricu iruin uuroau uro uuuiueu lur suit;
to commission merchauts who are mere
agents employed by tho manufacturers. In
such caso no actual sale has been made to
fix their value. Tho foreign manufacturer,
if ha be dishonest, prepares an invoice of
the goods, not at their actual value, but at
tho very lowest rato necessary to escape de
tection. In this manner tho dishonest im
porter nnd the foreign manufacturer enjoy a
decided advantage over tho honest merchant.
'They aro thus enabled to undersell tho fair
trader, nnd drive him from tho market. In
fact, tho operation of this system has alrea
dy driven from the pursuits of honorable
commerco many of that class of regular
nnd conscientious merchants, whose charac
ter, throughout tho world, is tho prido of
our country.
The remedy for theso evils is to bo found
in specific duties, so far as this is practica
ble. They dispense with any inquiry at the
custom-houso iuto the actual cost or value
of the artUle.and it pay s the precise amount
nf duty previously fixed by law. They pre
sent no temptations to the appraisers of for
eign goods, who receive but small salaries,
nnd might by undervaluation In a few cases
render themselves independent. -
Desides specilio duties best conform to tho
requisition iu the Constitution that "no prcf-
oronoo shall bo given by any regulation of
commerco or rovonuo to tho ports of ouo
ojntq oyer uioso oi lynoinor. under our
ad Vatoran nyslfm sucji preferences are to
somo oxtentjinavitnble, nnd complaints limo
often becii'mndo that'tho spirit of this pro
vision' has ben violated by n lower appraise,
mcnt'nf the. samo articles ntinc port than
at another.
An Impression 6lrnngely enough provailj
to some oxtent that specilio duties aro nec
essarily proteciivo dntios. Nothing can to
moro fallacious. Great Britain glories in
frco trade, and yet her wholo revenue from
Imports is nt tho present motueut collects
umlor n system of specific duties. It ia
striking fact iu this connection that, in tlio
commercial treaty of 23d January, 180O, b9.
tween Franco nnd Dnglaud, ono of tho nrti
cles provides (hat. tho ad valorem dutiet
which it imposes shall bo converted Intj
specific duties within six months from in
date, nnd theso aro to bo ascertained by
by.niaking'an avorngo of the prices for six
months previous to'that time. The reverjj
of tho prqpositlon would bo nearer to tU
truth, because n much larger amount of ret.
cntio would bo collected by morely coVivert
ing the ad,vahreih duties of a taritl iiijj
equivalent speciflo duties. To this extent
the revenuo would be Increased, und 'in th9
samo proportion,tho spcelfiij"dtf might lo
diminished.
Specific duties would secure to tho Amer
ican manufacturer tho incidental protsctiou
to which ho is fairly ontitlcd under a rar
enuo tariff, and tu this surely no person
would object. Tho framcrs of tho existing
tariff havs gono further, and in n liberal
spirit havo discriminated in favor of lrn
and useful branches of our manufacture,
not by raising the rate of duty upon tho im.
portntiouof Mmilar articles from nbroad.but
what is'tho samo In effect, ly admitting ar
ticles ftcoof duty which enter iuto tlio com.
position of their fabrics.
Under tho present system, it has been
ofton truly romnrkod that this 'incidental
protection decreases when tho lnhunfioiurer
needs it most, and increases when ho nee ii
it least and constitutes a -liding Vale which
always operatos aguinsthim. The rev .nuet
of tlio country are subject to similar lluetu
ntions Instoad of .approaching a steady
standard, ns would bo tho case under a sys.
teili of specific duties, they sink and rijs
with tlio Kinking and ris'mg'prices of nrti
clns in foreign countries. It would hot bs
difficult for Oongrchs to arrange n system of
specific duties which would afford additional
stability both tu nur revenue and nur manu
factures, and without Injury or iojoitice tu
any interest nf tho country Tills might bs
accomplished by ascertaining tho averagi
value of any given article for a soriei of
years at the placo of importation, and by
simply convorting tho rato of ad valvnin
duty upon it which might'bo deeuio l rieeoi
sary for revenuo purposes into tho form uf
a specific duty. Such an arrungomont co'd
not injure tho oinHiimcr. If ho should psy
a greater amijut of duty one jear, tliit
would bo counterbalanced by a lesser
nmouut tho next, und in tho eud the aggre
gate would bo the tamo.
I desire to call your immediato attention
to tho present condition of the Treasury,
ablv nud clearly presontod by the Secreury
iu his report to Congrens ; nnd to rooani
mend that measures bo promptly adopted,
to unable it to discharge us pros ing obla
tions. Tbo other recommend itious of tin
report aro well worthy uf your fuvortibli)
consideration.
I herewith transmit to Congress tlio re
ports of tho Secretaries of Vr, of the Na
vy, of tho Interior, and of tho Postmaster
General. Tho recommendations nn 1 sug
gestions which thoy contain aro highly val
uable, and dot-crvo your careful attention.
Tho report of the Pustmimtor (ioneral do
tails the rirconisUucc. under which Ooruu
lius Viindcrliilt, on my reqiict, ogrcud, in
tho month of .luly last, tooariy the oconn
mails between our Atlantic ami Pa-ifli
coasts. Had he not thus acted, this impor
tant intercommunication must havo boon
suspended, at leat for a i-u.isnn. The Post
master General had uo power tu make hint
any other compensation than tlio poitam
on the mail mutter which ho might carry.
It was known at tho time that these ponta
ges would fall far short of un adequate com
pensation, as well as of tho um whieh tbi
same service had previously cost the Gnv
crniueut. .Mr. V.inJcrliilt, iu a commenda
ble spirit, was willing to relv unon tho iu-
tieeof Congress to niako Hp tho doficionoy ;
and 1, therefore, recommend that an appro
priation may bo granted for this purpose.
1 should do great injustice to tho Attorney
Genoral, were I to omit tlio mention of his
distinguished services in the measures adop
ted and prosecuted by him for tho defence
ol the Government against numerous and
unfounded claims to land in California, pur
porting to have b ;n made by tho Jloncan
Government provious to tlio treaty of ces
sion. The successful opposition to theo
claims has saved to tlio United States publio
property worth many millions of dollars,
ami tn individuals holding titlo under them
to at least an equal nmount.
It has been represented tn nis, from sour
ces which 1 deem reliable, that the inhabi
tants in several portions of Kansas have
been reduced nearly to a state of starvation,
on account of the almost total failuroof their
crops, whilst the harveNts in overy other por
tion of tho country havo been nbundnnt.
Tlio prospect before them for tho approach
ing winter is well calculated to enlist the
sympathies uf every heart. Tho destitution
appears tu bo so general that it eannot be
relieved by privato contributions, and thsy
n ro in such indigent circumstances as to be
unable to purchase the necessaries nf life for
themselves. I refer tho subject to Congross.
If nny constitutional measure for their ro
lief can be devised I would recommend its
adoption.
I cordially recommend to your favorablo
regard tho interests of the peoplo of this
District. They aro eminently entitled to
your consideration, especially since, unliko
the people of tho States, they can nppeul to
no Government except that of tho Union.
JAMKS llUOIIANAN.
Wasuinqtox Cnv, 3d Decembor, 1800.
Sknt to -iiie 1'e.nitextiauv. Six.
negroes who wero in the Wido Awako
parade at Uristol, on the 2d of Novem
ber lat, were sent to tho Penitentiary for
fifteen months, for assault and battery ou.
William Asmond, on that evening.
Four of them were sentenced to one year
additional for breaking into, and com
mencing to pull down tho house of Joseph.
Downing, on tho samo night. Sarah.
JIoDcrinot and John Dunn, wero sen
tenced to ono year, for stealing ducks r
John llciff, ono year for stealing a blaok
cloth coat and other articles ; John Orris,
ouo year and six mouths for ttcaliug a
set of harness, kcDoylcsloitm Standard
MAItRI A.GJ3S.
At tho residenco of tho lirido's Father,
inSugarloaf, Nov. 22d, by W. D. Fetcr
man J. 1'. Mr. Geo. V. Mastem.eRi to
Miss. Annie Minnie Forxis, all of Co
lumbia county.
Ou December Ut. in Dloomsburg, by
tho ltev. D. J. Wnller.Jlr. Lewis Scituv
leu, to Mis laiiiz.viiETii Jane I'.u'ieh-
son both ot Greenwood twp,, (Jol. Co.
DEATHS
In Locust twp., on tho 0th imt., Mr. D-.
D. K03-re.NBADEtt, agod about 23 years-