The star of the north., December 15, 1858, Image 1

THE STAR OF THE NORTH.
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PRESIDE.NT'S MESSAGE.
Fellow Citizens of the Senate and House of Rep ■ \
resentatives
When we compare the condition of the
country at the present day with what it was
one year ago, at the meeting of Congress,
we have much reason for gratitude to that
Almighty Providence, which has never tail
ed to interpose for our relief, at the most
critical periods of our history. One year ago,
the sectional strife between the North and
the South on the dangerous subject of sla
very, had again become so intense as to
threaten the peace and perpetuity of the con
federacy. The application for the admission
of Kansas a3 a State into the Union, fostered
this unhappy agitation, and brought the
whole subject once more before Congress
It was the desire of every patriot that such
measures of legislation might De adopted, as
would remove the excitement from the States,
and confine it to the Territory where it legit
imately belonged Much has boen done,
1 am happy to say, towards the accomplish
ment of this Object, during the last sesssion
of Congress.
The Supreme Court of the United States
had previously decided, that all American
citizens have an equal right to take into the
Territories, whatever is held as property un
der the laws of any of the Stales, and to hold
such property there under the guardianship
of the federal constitution, so long as the
territorial condition shall remain.
This is now a well-established position,
and the proceedings of the last session were
alone wanting to give it practical effect.—
The principle has been recognized, in some
form or other, by an almost unanimous vote
of both houses of Congress, that a Territory
has a right to come into the Union either as
a free or a slave State,according to the will of
a majority of its people. The just equality
of alt the States has thus been vindicated,
and a fruitful source of dangerous dissen
sion among them has been removed.
Whilst such has been the beneficial ten
dency of your legislative proceedings out
side of Kansas, their influence has nowhere
been so happy as within that Territory itself.
Lell to manage and control its own affairs in
its own way, without the pressure of ex
ternal influence, the revolutionary Topeka
organization and all resistance to the terri
torial government established by Congress,
have been finally abandoned As a natural
consequence, that fine Territory now ap
pears to be tranquil and prosperous, and is
attracting increasing thousands of immi
grants to make it their happy home.
Tbe past unfortunate experience of Kan
sas has enforced the lesson so often already
taught, that resistance to lawful authority,
under our form of government, cannot tail in
the end to prove disastrous to its authors.—
Had the people of the Territory yielded Obe
dience to the laws enacted by their legisla
ture, it would at the present moment have
contained a large additional population of
industrious and enterprising citizens, who
have been deterred from entering its borders
by the existance of civil Btrife and organized
rebellion.
It was resistance to rightful authority and
the persevering attempts to establish a rev
olutionary government under the Topeka
constitution, which caused the people of
Kansas to -commit the grave error ot refusing
to vote for delegates to the convention to
frame a constitution, under a law not denied
to be fair and just in its provisions. This
refusal to vote has been the prolific source
of all the evils which have followed. In their
hostility to the territorial government, they
disregared the prinqiple, absolutely essen
tial to the working of our form of govern
ment, that a majority of those who vote—
not the majority who may remain at home,
from whatever cause—must decide the result
of an election. For this reason, seeking
so take advantage of their own error, they
denied the aathority of the convention thus
elected to frame a constitution.
The convention, notwithstanding, pro
ceed to adopt a constitution unexceptionable
in its general features, and providing lor the
submission of the slavery question toavoteof
the people, which, in my opinion, they were
bound to do, under the Kansas and Nebraska
act. This was the all-important question
which had alone convulsed the Territory;
and yet the opponents ol the lawful govern
ment, persisting in their first error, refrained
from exercising their right to vote, and pre
ferred that slavery should continue, rather
than surrender their revolutionary Topeka
organization.
A wiser and better spirit seemed to pre
vail before the first Monday of January fast,
when an election was held under the consti
tution. A majority of tho people then voted
for a governor and other State officers, for a
member of Congress, and members of the
State legislature. This election was warm
ly contested by the two political parties in
Kansas, and a greater vole was polled than
at any previous election. A large majority
of the members of the legislature elect be
longed to that party which had previously
refused to vote. Tlie anti-slavery party were
thus placed in the ascendant, and the politi
cal power of the Stale was in their own
hands. Had Congress admitted Kansas into
the Union under the Lecompton constitution,
the legislature might, at its very first session,
have submitted the question to a vote of the
people, whether they would or woukUnot
nave a convention to ameqd their constitu
tion, eitherffithe slavery orany other ques
tion, and have~W}optod alt necessary means
for giving speedy effect to the will of the
majority. Thus thq Kansas question would
have been immediately and finally settled.
Under these circumstances, I submitted to
Congress the constitution thus framed, with
all the officers already eleettd "Accessary to
put the State government into operation, ac
companied by a strong recommendation in
favor of the admission of Kansk* as a State.
In the course of my long publis life I have
never performed any official act' in
the retrospect, has afforded me more heart
felt satisfaction. Its admission could hate
inflicted no possible injury on any human
being, whilst it would, within a brief
have restored peace to Kansas and harmony
to the Union. In that event, the slavery ques
tion would ere this have been finally settled,
according to the legally-expressed will of
BLOOMSBURG, COLUMBIA COUNTY, PA., WEDNESDAY, DECEMBER 15, 1858.
a majority of the voters, and popular sover
eignty would thus have been vindicated in
a constitutional manner.
With my other convictions of duty, I could
havepersued no othercourse. It istrue, that,
as an individual, I had expressed an opinion,
both before and during the session of the
convention, in favor of submitting the re
maining clauses of the constitution, as well
as that concerning slavery, to the people.—
But, aciing in an official character, neither
myself nor any human authority had the
power to rejudge the proceedings of the con
vention, and declare the constitution which
it had framed to be a nullity. To have done
this would have been a violation of the Kan
sas and Nebraska act, which left the people
of the Territory "perfectly free to form and
regulate their domestic institutions in their
own way, subject only to the constitution of
the United States." It would equally have
violated the great principle of popular sov
ereignty, at the foundation of our institutions,
to deprive the people of the power, if they
thought proper to exercise it, of confiding
to delegates elected by themselves the trust
of framing a constitution, without requiring
them to subject their constituents to the trou
ble, expense, and delay of a second election.
It would have been in opposition to many
precedents in our history, commencing in
the very best age of the republic, of the ad
mission of Territories as State." into the Uni
on, without a previous vote of the people
approving their constitution.
It is to be lamented that a question so in
significant when viewed in its practical ef
fects on the people of Kansas, whether deci
dedone way or the other,should have kindled
such a flame of excitement throughout the
country. This reflection may prove to be a
lesson of wisdom and ol warning for our future
guidance. Practically considered, the ques
tion is simply whether the people of that
Territory should first come into the Union
and then change any provision in their ccrt
, stitutiou not agreeable to themselves, or ac
complish the very same object by remaining
out of the Union and framing another con
stitution in accordance with their will ? In
either case, the result would be precisely the
same. The only diflerence in point of fact is,
that the object would have been much sooner
attained,and the pacification of Kansas more
speedily effected, had it been admitted as
a State during the last session ot Congress.
My recommendation, however, forthe im
mediate admission of Kansas, failed to meet
the approbation of Congress. They deem
ed it wiser to adopt a different measure lor
the settlement of the question. For my own
part, 1 should have been willing to yield my
assent to almost any constitutional measure
to accomplish this object. I, therefore, cor
dially acquiesced in what has been called
the English Compromise and approved the
"Act for the admission of the State of Kan
sas into the Uniou" upon the terms therein
prescribed.
Under the ordinance which accompanied
theLecompton constitution,the people ol Kan
sas had claimed double the quantity of public
lands for the support of the common schools
which had ever been previously granted to
any State upon entering the Union ; and al
so the alternate sections of land for twelve
miles on each side of two railroads, propos
ed to be constructed from the northern to the
southern boundary,and from theeastern to the
western boundary of Congress
deeming these claims unreasonable, provid
ed, by the act of May 4, 1858, to which I
have just referred, for the admission of the
State on an equal footing with the original
States, but "upon the fundamental condition
precedent" that a majority of the people
thereof, atari election to be held fir that pur
pose, should, in place of the very large
grants of public lands which they had de
manded under the ordinance, accept such
grants as had been made to Minnesota and
other new States. Under this act, should a
majority reject the proposition offered them,
"it shall be deemed and held that the people
of Kansas do not desire admission into the
Union with said constitution under the con
ditions set forth in said proposition." In
that event, the act authorizes the people of
the Territory to elect delegates to form a
I constitution and State goverment for them
selves, "whenever, and not before, it is as
certained by a census, duly and legally tak
en, that the population of said Territory
equals or exceeds the ratio representation
required for a member of the House of Rep
sentaiives of the Congress ol the United
Stales." The delegates thus assembled
" shall first determine by a vote whether it
is the wish of the people of the proposed
State be admitted into the Union at that time,
and, if so,shallproceed to form a constitution
and takeall necessary steps for the establish
ment of a State government in conformity
with the federal constitution." After this
constitution shall have been formed, Con
gress, carrying out the principles ot popular
sovereignty and non-intervention, have left
"the mode and manner of its approval or
ratification by the people of the propo-ed
Stale" to be "prescribed by law," and they
"shall then be admitted into the Union as a
State under such constitution thus lairly and
legally made, with or without slavery, as
said constitution may prescribe."
An election was held throughout Kansas,
in pursuance ol the provisions of this act,
on the second day of August last, and it re
sulted in the rejection, by a large majority,
of the proposition submitted to the people by
Congress., This being the case, they are now
authorized to form another constitution, pre
paratory to admission into the Union, but
not until their number, ascertained by a cen
sus, shall equal or exceed the ratio required
to elect a member to the House ol Repre
sentatives.
It is not probable, in the present state of
the case, that a third constitution can be
lawfully framed and presented to Congress
by Kansas, before its population shall nave
reached the designated number. Nor is it
to be presumed that, after their sad experi
ence in resisting the territorial laws, they
will attempt to adopt a constitution in ex
press violation of the provisions of an act of
Congress. Daring the session of 1856, much
of the time of Congress was occupied on
the question of admitting Kansas under the
Topeka constitution. Again, nearly the
whole of the last session was devoted to the
question of its admission under the Lecomp
ton constitution. Surely it is not unreason
able to require the people of Kansas to wait,
before making a third attempt, until the
number of their inhabitants shall amount to
ninety-three thousand four hundred and
twenty. During this brief period the har
mony of the States, as well as the great busi
ness interests of the country, demand that
the people of the Union shall not (or a third
time be convulsed by another agitation on
the Kansas question. By waiting for a short
time, and acting in obedience to law, Kansas
will glide into the Union without the slight
est impediment.
Thia excellent provision, which Congress
liaVtKapplied to Kansas, ought to be extend-
Ed and rendered applicable ip all Territories
which may hereafter seek admission into
the Union.
Whilst Congress possess the undoubted
power of admitting a new State in to the Union,
however small may be ihe number of its in
habitants, yet this power ought not, in my
opinion, to be exercised before the popula
tion shall amount to the ratio required by
the act for the admission of Kansas. Had
this been previously the rule, the country
would have escaped all the evils and misfor
tunes to which it has been exposed by the
Kansas question.
Of course, it would be unjust to give this
rule a retrospective application, and exclude
a State which, acting upon the past practice
of the government, has already formed its
constitution, elected its legislature and other
officers, and is now prepared to enter the
Union.
The rule ought to be adopted, whether we
consider its bearing on the people of the
Territories or upon the people of the existing
States. Many of the serious dissensions
which have prevailed in Congress and
throughout the country would have avoided,
had this rule been established at an earlier
period of the government.
Immediately upon the formation of anew
Territory, people from different Slates and
from foreign countries rush into it, for the
laudable purpose of improving their condi
tion. Their first duty to themselves is to
open and cultivate farms, to construct roads,
to establish schools, to erect places of relig
ious worship, and to devote their energies
generally to reclaim the wilderness and to
lay the foundations of a flourishing and
prosperous commonwealth. If, in this in
cipient condition, with a population of a
few thousand, they should prematurely enter
the Union, they are oppressed by the burden
of State taxation, and the means necessaty
for the improvement of the Territory and the
advancement of their own interests, are thus
diverted to very different purposes.
The federal government has over been a
liberal parent to the Territories, and a gen
erous contributor to the useful enterprises of
the.early settlers It has paid the expenses
of their governments and legislative assem
blies out of the common treasury, and thus
relieved them from a heavy charge. Under
these circumstances, nothing can be better
calculated to retard their material progress,
than to divert them from their useful employ
ments prematurely exciting angry political
contests among themselves for the benefit of
aspiring leaders. It is surely no hardship for
embryo governors,senators, and members of
Congress, to wait until the number of inhabi
tants shall equal those of a single congres
sional district. They surely ought not to be
permitted to rush into the Union, with a pop
ulation less than one-half of several ot the
large counties in ihe interior of some of the
States. This was the condition of Kansas
when it made application to be admitted
under the Topeka constitution. Besides, it
requires some time to render the mass of a
population collected in a new Territory, at
all hemogenous, and to unite them on any
thing like a fixed policy. Establish the rule,
and all will look forward to it and govern
themselves accordingly.
But justice to the people of the several
States requires that this rule should be es
tablished by Congress. Each State is entitl
ed to iwo senators arid at least one represen
tative in Congress. Should thepeople of the
Slates fail to elect a Vice President, the pow
et devolves upon the Senate to select this
officer from the two highest candidates on
the list. In case of the death of the Presi
dent the Vice President thus elected by the
Senate, becomes President of the United
States. On all questions of legislation, the
senators from the smallest Stales in the Union
have an equal vote with those from the larg
est. The same may be said in regard to the
ratification of treaties, and of Executive ap
pointments. All this has worked admirably
tn practice, whilst it conforms in principle
with the character of a government institut
ed by sovereign States. I presume no Amer
ican citizen would desire the slightest change
in the arrangement. Still, it is not unjust
and unequal to the existing Stales to invest
some 40 ur 50 thousand people collected in a
Territory with the attributes of sovereignty
and place them on an equal footing with
Virginia and New York in the Senate of the
United Slates 7
For these reasons, I earnestly recommend
the passage of a general act, which shall
provide that upon the application of a terri
torial legislature, declaring their belief that
the Territory contains a number of inhabi
tants which, if in a Smte, would entitle them
to elect a member of Congress, it shall be
the duty of the President to cause a census
of the inhabitants to be taken, and if loiiud
sufficient, then by the terms of this act au
thorize them to proceed "in their own way"
to frame a Slate cousiitution preparatory to
admission into the Union. 1 also recom
mend thnt an appropriation may be made, to
enable the President to take a census ol the
people of Kansas.
The present condition of the Territory of
Utah, when contrasted with what it was one
year ago, is a subject for congraiuiation. It
was then in a state of open rebellion, and.
cost what it might, the character of the gov
ernment required, that this rebellion should
be suppressed and the Mormons compelled
to yield obedience to the constitution and
the laws. In order to accomplish this ob
ject, hs I informed you in my last annual
message, 1 appointed a new governor in
stead of Brigham Young, and other federal
officers to take the place of those who, con
sulting their personal safety, had found it
necessary to withdraw from the Territory.
To protect these civil officers, and to aid
them, as a posse comitatus, in the execu
tion of the laws in case of need, I ordered
a detachment of the army to accompany
them to Utah. The necessity for adopting
these measures is now demonstrated.
On the IStii ol September, 1857, Govern
or Young issued his proclamation, in the
style of an independent sovereign, announ
cing his purpose to resist by force of arms
the entry of the United States troops into
our own Territory of Utah. By this he re
quired all the forces in the Territory, to
"hold themselves in readiness to march at
a moment's notice to repel any and all such
invasion," and established martial law from
its date throughout the Terriiory. These
proved to be no idle threats. Forts Bridger
and Supply were vacated and burnt down
by the Mormons, to deprive our troops of a
shelter alter their long and fatiguing march.
Orders were issued by Daniel H. Wells,
styling himselt "Lieutenant General. Nau
voo Legion," to stampede the animals of
the United States troops on their march, to
set fire to their trains, to burn the grass and
the whole country before them and on their
flanks, to keep them from sleeping by night
surprise, and to blockade the road by tell
ing trees, and destroying the fords of riv
ers, &c., Sic.
These orders were promptly end effeciu-
Truth and Right Clod and onr Country^
ally obeyed. On the 4th October, 1857, the
Mormons captured and burned on Green
River, three of our supply trains, consisting
of seventy-five wagons loaded with provis
ions and tents for the army, and carried
away several hundred animals. This di
minished the supply of provisions so mate
rially that General Johnston was obliged to
reduco the ration, and even with this pre
caution, there was only sufficient Jelt to
subsist the troops until the first of June.
Our little army behaved admirably in
their encampment at Fort Bridger, under
tl/ese trying privations. In the midst of the
mountains, in a- dreary, unsettled, and in
hospitable region, more than a thousand
miles from home, they passed the severe
and inclement winter without a murmer.—
They looked forward with confidence for
relief from their country in due season, and
in this they were not disappointed.
The Secretary of War employed all his
energies to forward them the necessary sup
plies, and to musier and send such a mili
tary force to Utah as would render resist
ance on the part of the Mormons hopleloss,
and thus terminate the war without the
effusion ot blood. In his efforts he was
efficiently sustained by Congress. They
granted appropriations sufficient to cover
the deficiency thus necessarily created, and
also provided for raising two regiments of
volunteers, "for the purpose of quelling dis
turbances in the Territory of Utah, for the
protection of supply and emigrant trans,
and the suppression of Indian histilities on
the frontiers." Happily, there was no oc
casion to call these regiments into service.
If there had been, I should have felt serious
embarrassment in selecting them, so great
was the number of our brave and patriotic
citizens anxious to serve their country in
this distant and apparently dangerous ex
pedition. Thus it has ever been, and thus
may it ever be I
The wisdom and economy of sending
sufficient reinforcements to Utah are estab
lished tior only by the event, but in the
opinion of those who, from''their posi
tion and opportunities, are the most capa
ble ol forming a correct judgment. General
Johnston, the commander of the forces, in
addressing the Secretary of War from Fort
Bridger, under date of October 18, 1857,
expresses the opinion that "unless a large
force is sent here, from the nature of the
country, a protracted war on their [the
Mormons] part is inevitable." This he con
sidered necessary, to terminate the war
speedily and more economically than if at
tempted by insufficient means."
In the mean time, it was my anxious de
sire that the Mormons should yield obedi
ence to the constitution and the laws, with
out rendering it necessary to resort to mili
tary force. To aids.in accomplishing this
object, 1 deemed it advisable in April last,
to dispatch two distinguished citizens ol the
United States, Messrs. Powell and McCul
loch, to Utah. They bore with them a proc
lamation addressed by myself to the inhab
itants of Utah, dalod on llie |li> -lay of that
month, warning them of their true condi
tion, and how hopeless it was on their part
to persist in rebellion against the United
Slates, and offering all those who should
submit to the laws a full pardon for their
past seditions and treasons. At the same
time. I assured those who should persist in
rebellion against the United States, that
they must expect no further lenity, but
look to be rigorously dealt with according
to their deserts. The instructions to these
agents, as well as a copy of the proclama
tion, and their reports, are herewith submit
ted. It will be seen by theit'report of the
3d of July last, that they have fully con
firmed the opinion expressed by General
Johnston in the previous October, as to the
necessity or sending reinforcements to Utah.
In this they state, thai they "are firmly im
pressed with the belief that the presence
of the army here and the large additional
force that had heeu ordered to this Territory,
were the chief inducements that caused the
Mormons to abandon the idea >f resisting
the authority of the United States. A less
decisive policy would ptobably have re
sulted in a long, bloody, and expensive
war"
These gentlemen conducted themselves
to my entire satisfaction, and rendered use
lul services in executing the humane inten
tions of the government.
It also affords me great satisfaction to
state, that Governor Cumming has perform
ed his duty in an able and conciliatory
manner, and with the happiest effect. I
cannot, in this connection, refrain from
mentioning the valuable services of C'ol
Thomas L. Kane, who, from motives of
pure benevolence, and without any official
character or pecuniary compensation, visit
ed Utah during the lust inclement winter,
for the purpose of contributing to the paci
fication of the Territory.
I am happy to inform you, that the gov
ernor and other civil officers of Utah, are
now performing their appropriate functions
without resistance. The authority of the
constitution and the laws has been fully
restored, and peace prevails throughout the
Territroy.
A portion of the troops sent to Utah are
now encamped in Cedar valley, 44 miles
southwest of Salt Lake City ; and the re
mainder have been ordered to Oregon to
suppress Indian hostilities.
J he march of the army to Salt Lake City, I
through the ludian Territory, has had a
powerful effect in restraining the hostile
teelings against the United States, which
existed among the Indians in that region,
and in securing emigrants to the Far West
against their depredations. This will also
be the means ol establishing military posts
and promoting settlements along the route.
I recommend that the benefits of our land
laws and preemtion system be extended to
the people of Utah, by the establishment of
a land office in that Territory.
I have occasion, also, to congratulate you
on the esult of our negotiations with China.
You were inlormed by my last annual
message, that our minister had been instruct
ed to occupy a uuetral position in ihe hostili
ties conducted by Great Britiau and France
against Canton. He was, however, at the
Mine time, directed to co operate cordially
with the British and FrenbU ministers, in all
peaceful measures to secure by treaty those
just concessions to foreign commerce, which
the nations of the world had a right to de
mand. It was impossible for me to proceed
further than this, on my own authority,
without usurping the war making power,
which, under the constitution, belongs ex
clusively to Congress.
Besides, after a careful examination of
the nature and exjent of our grievances, I
did not believe they were of such a press
ing and aggravated character, as would have
justified Congress in declaring war against
the Chinese empire, without first making
another earnest attempt to adjust them by
peaceful negotiation. I was the more in
clined to this opinion, because of the
severe chastisement which had then but re
cently been inflicted upon the Chinese by
our Squadron, in the capture and destruction
of the Barrier forts, to avenge an alleged in
sult to our flag.
The event has proved the wisdom of our
neutrality. Our minister has executed his
instructions with eminent skill and ability.
In conjunction with the Russian plenipoten
tiary, he has peacefully, but effectually, co
operated with the English and French plen
ipotentiaries ; and each of the four powers
has concluded a separate treaty with China,
ot a highlyfsatisfactory character. The
treaty concluded by our own plenipotenitary
will immediately be submitted to tlie Senate
I am happy to announce that, through the
energetic yet conciliatory efforts of our con
sul general in Japan, a new treaty has been
concluded with that empire, which may be
expected materially to augment our trade
and intercourse in that quarter, and remove
from our countrymen the disabilities which
have heretofore been imposed upon the
exercise of their religion. The treaty shall
be submitted to the Senate for approval
without delay.
It is my earnest desire that every misun
derstanding with the government of Great
Britian, should be amicably and speedily
adjusted. It has been the misfortune of both
countries, almost ever since the period of
the revolution ; to have beer, annoyed by a
succession of irritating and dangerous ques
tions, threatening their friendly relations.—
This has partially prevented the full devel
opment ot those feelings of mqtual friendship
between the people of the two countries, so
natural in themselves and so conducive to
their common interest. Any serious inter
ruption of the commerce between the United
Stales and Great Britian, would be equally
injurious to both, lu fact, no two nations
have ever existed on the face of the earth,
which could do each other so much good
or so much harm.
Entertaining these sentiments,l am gratified
to inform you, that the long-pending contro
versy between the two governments, in rela
tion of the question of visitation and search,
has been amicably adjusted The claim on
the part of Great Britian. forcibly to visit
Ameriian vessels on the high seas in time
of peace, could not be sustained under the
law of nations, and it had been overruled by
her own most eminent jurists. This ques
tion was recently brought to an issue, by the
repeated acts of British cruisers, in boarding
and searching our merchant vessels in the
Gulf of Mexico and the adjacent seas. These
acts were the more injurious and annoying
as these waters are traversed by a large por
tion of the commerce and navigation of the
United States, and their free and unrestricted
use is essential to the security of the coast
wise trade between different Slates of the
Union. Such vexatious interruptions could
not fail to excite the feelings of the country,
and to require the interposition of the gov
ernment. Remonstrances were addressed
to the British government against these
violations of our rights of sovereignly, anil
a naval force was at the same time ordered
to the Cuban waters, with directions "to
protect all vessels of the United States on
the high seas, from search or detention by
the vessels ot-war of any other nation "
These measures received the unqualified
and even enthusiastic approbation of the
American people. Most fortunately, how
ever, no collision took place, and the British
government promptly avowed its recognition
of the principles of international law upon
this subject, as laid dowt: by the government
of the United States, in the aole of the Sec
retary of State to the British minister at
Washington, of April 10, 1858, which secure
the vessels ot the United States upon the
high seas from visitation or search in time
of peace, under any circumstances whatever.
TMMtffehas been abandoned in a manner
on the British government,
regard for the law of
nations, fail to strengthen the
amicable rtlaifdns between the two coun
tries.
The British government, at the same time,
proposed to the United Slates that some
mode should be adopied, by mutual arrange
ments between the two countries, of a char
acter which may be found effective without
being offensive,for verifying the nationaiitycif
vessels suspected on good grounds of car
rying false colors. They have also invited
the United States to take the initiative, anil
propose measures for this purpose. Whilst
declining to assume so grave a responsibil
ity, the Secretary of State has informed the
British government that we are ready to
receive any proposals which they may feel
disposed to offer, having this object in view
and to consider them in an amicable spirit.
A strong opinion i, however, expressed,
that the occasional abuse of the flag of any
nation,is an evil far less to be deprecated than
would be the establishment of any regula
tions which might be incompatible with the
freedom of the seas. This government has
yet received no communication specifying
the manner in which the British govern
ment would propose to carry out their sug
gestion; and I am inclined to believe, that
no plan which can be devised, will be free
from grave embarrassments. Still, 1 shall
form no decided opinion on the subject, un
til I shall have carefully and in the best
spirit examined any proposals which they
may think proper to make. |
I am truly sorry 1 cannot also inform you
that the complication between Great Britain
and the United States, arising out of the
Clayton and Bulwer treaty of April, 1850, I
have been finally adjusted.
At the commencement of your last sess- j
ion, I had reason to hope that, emancipating
themselves from further unavailing discuss- i
ions, the two governments would proceed to 1
settle the Central American auestions in a 1
practical manner, alike honorable and satis
factory to both ; and this hope 1 have not
ret abandoned. In my last annual message,
stated that overtures had been made by
the British government for this purpose, in
a friendly spirit, which I cordially recipro
cated. Their proposal was, to withdraw
these questions from direct negotiation be
tween the two governments; but to accom
plish the same object, by the negotiation
between the British government and each of
the Central American republics whose ter
ritorial interests are immediately involved.
The settlement was to be made in accor
dance with the general tenor of the interpre
tation placed upon the Clayton and Bulwer
treatjlbjr the United States, with certain
modifications. As negotiations are still pen
ding upon this basis, it would not be proper
for me now to communicate their present
condition. A final settlement of these ques
tions is greatly to be desired, as this would
wipe out the last remaining subject of dis
pute between the two oountries.
Our relations with the gteat empires of
France and Russia, as well as with all other
governments on the continent of Europe,
except that of Spain, continue to be of the ]
most friendly character.
With Spain our relations remain in an un
satisfactory condition. In my message of
December last, I informed you that our en
voy extraordinary and minister plenipotenti
ary to Madrid had asked for his recall ; and
it was my purpose to send out a new minis
ter to thai court, with special instructions on
all questions pending between the two
governments, and with a determination to
have them speedily and amicably adjusted,
if that were possible. This purpose has
been hitherto defeated by causes which I
need not enumerate.
The mission to Spain has been intrusted
to a distinguished citizen of Kentucky, who
will proceed to Madrid without delay, and
make another and a final attempt to obtain
justice from that government.
Spanish officials, under the direct control
of the captain-general of Cuba, have iiißiil
led our national flag, and, in repeated
instances liavd Ironi time to time inflicted
injuries on the persons and property of our
citizens. These have given birth to numer
ous claims against the Spanish government,
the merits of which have been ably discus
sed for a series of years, by our successive
diplomatic representatives. Notwithstand
iug this, we have not arrived at a practical
result in any single instance, unless we may
expect the case of the Black Warrior under
the laie administration ; ainfNhat presented
an outrage of such a character as would
have justified an immediate resort tn war.
All our attempts to obtain redress have|becn
baffled and defeated. The frequent and oft
recurring changes in the Spanish ministry,
have been-employed as reasons for delay.
We have been compelled ti> wait, again and
again, until the new ministershall have had
time to investigate the justice of our de
mands.
Even what have been denominated "the
Cuban claims," in which more than a hun
dred of our citizens are directly interested,
have furnished no exception. These claims
were for the refunding of duties unjustly
exacted from American vessels at different
custom-houses in Cuba, so long ago as the
year 1844. The principles upon which they
rest are so manifestly equitable and just,
that after a period of nearly ten years, in
1854, they were recognised by the Spanish
government. Proceedings were afterwards
instituted to ascertain their amount, and
this was finally fixed according to their own
statement (with which we were satisfied)
at the sum of one hundred and twenty eight
thousand six hundred and thirly-five dollars
and fifty four cents. Just at the moment,
after a delay of fourteen years, when we
had reason to expect that this sum would
be repaid with interest, we have received a
proposal offering to refund one-third of
that amount, (forty-two thousand eight hun
dred and seventy eight dollars and forty one
cents,) but without interest, if we would
accept this in full satisfaction. The offer is,
also, accompanied by a declaration that this
indemnification is not founded on any reason
of strict justice ; but is made as a special
favor.
One alleged cause for procrastination in
the examination and adjustment of our
claims, arises from an obstacle which it is
the doty of the Spanish Government to
remove. Whilst the captain-general of
Cuba is invested with general despotic au
thorityin the government of that island,
the power is withheld from him to examine
and redress wrongs committed by officials
under his control, on citizens of the Untied
Slates. Instead of making our complaints
directly to him at Havana, we are obl'ged to
present them through oar minister at Mad
rid. These are then referred back to the
captain general for information; and much
time is thus consumed in preliminary inves
tigations and correspondence between Mad
rid and Cuba, before the Spanish govern
ment will consent to proceed to negotiation.
Many of the difficulties between tho two
governments would be obviated, and a long
train of negotiation avoided, if the captain"
general were invested with authority to set
tle questions of easy solution on the spot,
where all the facts are fresh, and could be
promptly and satisfactorily ascertained. We
have hitherto in vain urged upon the Span
ish government, to confer this power upon
the captain-general, and our minister to
Spain will again bo instructed to urge this
subject on their notice. In this respect, we
occupy a different position from the powers
of Europe Cuba is almost within sight of
our shores; our commerce with it is far
greater than that of any other nation, inclu
ding Spain itself, and our citizens are in
habits of daily and extended personal inter
course with every part of the island. It is,
therefore, a great grievance that, when any
difficulty occurs, no matter how unimport
ant, which might be readily settled at the
moment, we should be obliged to resort to
Madrid,especially when the very first step to
be taken there is to refer it back to Cuba.
The truth is that Cuba, in its existing col
onial condition, is a constant source of in
nand annoyance to the American people,
the only spot in the civilized world
where the African slave trade is tolerated ;
and we are bound by treaty with Great
Britain, to maintain a naval force on the
coast of Africa, at much expense both of
life and treasure, solely for the purpose of
arresting slavers bound for that island. The
late serious difficulties between the United
Slates and Great Britain respecting the right
of search, now so happily termina'ed, could
never tiave arisen if Cuba had not afforded
a market for slaves. As long s this market
shall remain open, there can be no hope lor
the civilization of benighted Africa. Whilst
the demand for shaves continues in Cuba,
wars will be waged among the petty and
barbarous chiefs in Africa, for the purpose
of seizing subjects to supply tiiis irade. In
such a condition of aflairs, it is impossible
that the light of civilization and religion
can ever penetrate these dark abodes.
It has been made known to the world by
my predecessors, that the United States
have, on several occasions, endeavored to
acquire Cuba from Spain by honorable ne
gotiation. If this were accomplished, the
last relic of the Alrican slave-trade would
instantly disappear We would not, if we
could, acquire Cuba in any other manner.
This is due to our national charac'.er. All
tho torrilory which we have acquired since
the origin of the government, has been by
fair purchase from France, Spain and Mex
ico, or by the free and voluntary act of the
independent Slate of Texas, in blending her
destinies with her own. This course wo
shall ever pursue, unless circumstances
should occur, which we do not now antici
pate, rendering a departure from it clearly
justifiable, under the imperative and over
ruling law of self-preservation.
Tbe Island of Cuba, trom its geographi-1
cal position, commands the mouth of the
Mississippi, and the immense and annually
increasing trade, foreign and coastwise,
from the valley of that noble river, now
embracing half the sovereign Stales of the
Union. With that Island uodei the domin-
[Two Dollars per Auuiim.
NUMBER 49.
ion of a distant foreign power, this trade,
of vital importance to these States, is ex
posed to the danger of being destroyed in
time of war. and it has hitherto been sub
jected to perpetual injury and annoyance in
time of peace. Our relations with Spain,
which ought to be of the most friendly
character, must always be placed in jeop
ardy, whilst the existing colonial govern
ment over the Island shall remain in its
present condition.
V\ hilat the possession of the Island would
be of a vast importance to.lhe U. States, its
value to Spain is, comparative 1 ) 1 , unimpor
tant. Such was the relative situation ot the
parlies, when the great Napoleon transfer
red Louisiana to the United States JcaloU9
as he ever was, of the national honor anil
interests of France, no person throughout
the world, has imputed blame to him" for
accepting a pecuniary equivalent ior this
cession
The publicity which has been given to
our former negotiations upon this subject,
aid the large appropriation which may be
required to effect the purpose, render it
expedient, before making another attempt
to renew the negotiation, that 1 should lay
the whole subject before Congress. This is
especially necessary, as it may become
indispensable to success, that I should bo
intrusted with the means ot making ail
advance to the Spanish government imme
diately alter the signing of the treaty, with'
out awaiting the ratification of it by the
Senate I am encouraged to make thia
suggestion, by the example of Air. Jefferson
previous to the purchase of Louisiana Irom
France, and by that of Mr Polk in view of
the acquisition of territory from Mexico.—
I refer the whole subject to Congress, and
commend it to their careful consideration
I repeat the recommendation made in my
message of December last, in favor of an
appropriation "to he paid to the Spanish
government for the purpose of distribution
among the elaimnnts in the Amistad case "
President Pollc first made a similar recom
mendation iu December, 1847, and it was
repeated by my immediate predecessor in
December, 1853. J entertain no doubt that
indemnity is fairly due to these claimants
under our treaty with Spain of the 27th of
October, 1795; and whilst demanding justice
we ought to do justice. An appropriation
promptly made for this purpose, could not
tail to exert a favorable influence on our
negotiations with Spain.
Our position in relation to the independent
States south ol us on this continent, and
especially those within the limits of North
America, is of a peculiar character. The
northern boundary of Alexico is coincident
with our own southern boundary from ocean
to ocean ; and we must necessarily feel a
deep interest in all that concerns the well
being and the fate of so near a neighbor
YUe have always cherished the "kindest
wishes for the success of that republic, and
have indulged the hope that it might at last
after all its trials, enjoy peace and prosperity
under a free and s uh'e government. We have
never hilherto inlerlered, directly or indi
rectly, with its internal affairs, and it is a
duty which we owe lo ourselves to protect
the integrity of its territory, against the hos
tile interlerence of any other power. Our
geographical posiiion, our direct interest in
all that concerns Mexico, and our well
settled policy in regard to the North Ameri
can continent, render this an indispensable
duty.
Mexico lias been in a slate of constant
revolution, almost ever since it achieved its
independence. One military leader after
another has usurped the government in rap
id succession ; and the various constitutions
from time to time adopted, have been set at
naught almost as soon as they were pro
claimed. The successive governments have
afforded no adequate protection, either to
Mexican citizens or foreign residents against
lawless violence. Heretofore, a seizure of
the capital by a military chieftain, has been
generally tollowed by at least the nominal
submission of the country to his rule, for a
brief period, but not so at the present crisis
ol Mexican affairs. A civil war has been
raging for some timethroughout the republic,
between the central government at the city
of Mexico, which has endeavored to subvert
the constitution last framed by military pow
er, and those who maintain tho authority of
that constitution. Jhe antagonistic parti 's
each hold possession of different States of
the republic, and the fortunes of the war
are conslantly changing. Meanwhile, tha
most reprehensible means have been em
ployed by both parlies to extort money from
foreigners, as well as natives, to carry on
this ruinous contest. The truth is, that this
hue country, blessed with a productive soil
and a benign climate, has been reduced by
civil dimension to acondition of almost hope
less anarchy and imbecility. It would be
vain for thisgovernmentto attempt to enforce
payment in money of the claims of Arneri
can citizens, now amounting to more than
ten millions dollars, against Mexico bo
cause she is destitute of all pecuniary means
to satisfy these demands.
Our late minister was furnished with am
ple powers and instructions lor tin* adjust
ment of all pending questions with the cen
tral government of Mexico, and he perform
ed his duly with zeal and ability. The
claims of our citizens, some of them arising
out of the violation or an express provision
of the treaty of (iuadalupe Hidalgo, and oth
ers from gross injuries to persons as well as
property, have remained unredressed and
even unoticeii. liemonstraitces against these
grievances, have been addressed without
eireel to that government. Meantime, in
various parts of the republic, instances have
been numerous of tho murder, imprison
ment, mid plunder of our citizens, by differ
ent parties claiming and exercising a local
jurisdiction ; but the central government, al
though repeatedly urged ttierelo, have made
110 effort either to punish the authors of these
outrages or to prevent their recurrence. No
American citizen can now visit Mexico on
lawful business, without imminent danger
to his person and property. There is no ad
equate protection in either; and in this re
spect our treaty with that republic is almost
a dead letter.
This slate of affairs was brought to a crisis
in May last, hy the promulgation ol a decree
levy ing a cotiltibu ion pro rata upon all the
republic between certain specified amounts,
whether held by Mexicans or foreigners
Mr. Forsyth, regarding this decree iu the
light of a ''forced loan," formally protested
against its application to his countrymen,
and advised them not to pay the contribution,
but to suffer it to he forcibly exacted. Act
ing upon this advice, an American citizen
refused to pay the contribution, and his
properly was seized by armed men to satisfy
the amount. Not content with this, the
government proceeded still further, and is
sued a decree banishing him from the coun
try. Our minister immediately notified that
if this decree should be carried into execu
tion he would feel it to be his duty to adopt