VOL. 18.
PRESIDENT'S MESSAGE.
10 ANNUAL MESSAGE OF PRESI..
DENT PIERCE.
- Read in the two Douses of. Congress, Dec. O.
Fellow•rit hens of the Senate and house qf Re-
presentativcs
The interest with which the people of the
Republic anticipate the assembling of Congress,
and the fulfilment, on that occasion, of the du-
Iles imposed upon a new President, is one of
the best evidences of their capacity to realize
'the hopes of the feeders of a political system,
lit once complex and symmetrical. While the
different branches of the government are, to a
-certain extent, independent of each other, the
'duties of all, alike, have direct reference to
the source of power. Fortunately, under this
system, no man is so high, and none so humble
in the scale of public station, as to escape from
the scrutiny, or to be exempt from the respou
siibility, which nil official functions imply.
Upon the justice and intelligence of the nine
meson n government thus organized, is the
sole reliance of the confederacy, and the only
security for honest and earnest devotion to its
interests, against the usurpations and encroach
ments of power on the one hand, and the as
saults of personal ambition on the other.
The interest, of which I have spoken, is in
separable Trout an inquiring, self-governing
community, but stimulated, doubtless, at the
present time, by the unsettled condition of our
relations with several foreign powers: by the
new obligations resulting from a sudden exten
sion of the field of enterprise; by the spirit with
which that field has been entered, and the
miming energy with which its resources for
meeting the demandspf humanity have been
developed.
Although disense, assuming at one time the
characteristics of a wide-spread and devasta
ting pestilence, has left its sad traces upon
some portions of our country, we have still the
most abundant cause for reverent thankfulness
to God for an accumulation of signal mercies
showered upon ns as a nation. It is well that
consciousness of rapid advancement and in
creasing strength he habitually associated with
an abiding sense of dependence upon Him who
holds in his hands the destiny of men and of
nations.
Recognizing the wisdom of the broad princi
ple of absolute religious toleration proclaimed
in our fundamental law, and rejoicing in the be
nign influence which it has exerted upon our so
cial and political condition, I should shrink front
a clear duty, did 1 fail to express my deepest
conviction, that we can place no secure reliance
upon any apparent progress, if it be not sustain
ed by national integrity, resting upon the great
ffi
truths armed and 'illustrated by divine revela
tion. In the midst of our sorrow for the af
flicted and suffering, it has been consoling to
see how promptly disaster made true neighbors
of districts and cities separated widely from
each other, and cheering to watch the strength
of that common bond of brotherhood, which
unites all hearts, in all parts of the Union,
when danger threatens from abroad, or calam
ity impends over us at home.
Our diplomatic relations with foreign powers
have undergone no essential change since the
ndjournment of the last Congress. With some
of them, restions of a disturbing character are
still pending, but there are good reasons to be
lieve, that these nay all he amicably adjusted.
For sonic years past, 'Great Britain has so
construed the first article of the convention of
tr. 20th of April, 1018, in regard to the fisher
ies on the northeastern coast, as to exclude our
citizens from some of the fishing grounds, to
which they freely resorted for nearly a quarter
of a century subsequent to the date of that
treaty. The United States have never acqui
esced in this construction, but have always
.claimed for their fishermen all the rights which
they had so long enjoyed without molestation.
'With a view to remove all difficulties on the
'subject, to extend the rights of our fishermen
beyond the limits fixed by the convention of
1818, and to regulate the trnde between the
United States and British North American
(provinces, a negotiation has been opened, with
fair prospect of n favorable result. 'fii pro
tect our fishermen in the enjoyment of their
•rights, and prevent collision between them and
British fishermen, I deemed it expedient to
station a naval force in that quarter during the
fishing season.
Embarrassing questions have also arisen be
tween the two governments in regard to Cen
tral America. Great Britain has proposed to
settle them by on amicable arrangement, and
our Minister at London is instructed to en
ter into negotiations on that subject.
A commission for adjusting the claims of
our citizens against Great Britain, and those
of British subjects against the United States;
organized under the convention of the Bth of
Fe Drum?. last, is now sitting in London for the
transaction of business.
It is in many respects desirable that the
boundary line between the United States and
the British provinces in the northwest, as des
ignated in the convention of the 15 of June,
1819, and especially that part, which separates
the Territory of Washington from the British
possessions on the north, should be traced and
marked. I therefore present the subject to
your notice.
With Francs bur relations continue on the
most friendly footing. The extensive com
merce between the United States and that
country might, it is conceived, be released from
some unnecessary restrictions, to the mutual
advantage of both parties. With a view to
phis object, some progress has been made in
'negotiating n. treaty of commerce and naviga
tion.
Independently of our valuable trade with
;Spain, we have important political relations
With her, growing Out of our neighborhood to
'the Islands of Cuba'and Poi:ftS Bier). I ani
Imppy to announce, that since the lust Con
gress no attempts have been made,hy unauthor
ized expeditions within the United States,
against either of those colonies. Should any
movement tie manifested within our limits, all
the means 'at my command will be vigorously
'exerted to repress it:, Severn' annoying
.ocenr
retires have taken rce at Havana, or in the
vicinity of the iSlanc of Cuba, bet Ween our eit-.
!mins and the Spanish authorities. Consider
ing the proximity of that island to our shores,
no it does, in E e track of trade be.
Weep some of our principle ideles,—and the
suspielons vigilance with which foreign inter
course, iiarticularly that with the United States,
is there gharded, a repetition of suph occurren
ces may well be apprehended: Ad no sEplo
matie intereourse is allowed between our Con
sul at Havana and the Captain-General of Cu
ba, ready explanations cannot be made, or
prompt redress afforded, where injury has re
sulted. All complaint on the part of our sill
semi, under the present arrangement, must be
in the first place, presented to this govorntnent
and then referred to Spain: Spmn.ngnhn refers
it to her local authorities in Cuba for investiga
tion, and postpones an answer till she has
heard &inn those anthorities. To avoid these
irritating and vexatious &lays, a proposition
has been !mule to provide a. direct
timitthiess twain rapiain-CMteral by our rem
mil, in °Vent: ittjer6.l 11.1Ittw
the governilsou!
it' T tt 7j,..tilltilt :0011 .0111r1,1t1L
" LABE NO STAR ABOVE THE HORIZON, PROMISING LIGHT TO CHIME US, RUT THE INTELLIGENT, PATRIOTIC, UNITED WHIG PARTY OE THE UNITED STATES."-[WEBSTEII
to enter into any such arrangement. This
course on her part is deeply regretted; for, with
out'some arrangement of this kind, the good
understanding between the two countries may
be exposed to occasional interruption. Our
minister at Madrid is instructed to renew the
proposition, and to press it again upon the con
sideration of her Catholic majesty's govern
ment. . .
Eor several soars Spain has been calling the
attention of this government to n claim for loss.
es, by some of heesuldects, in the case of the
Schooner Amistad. This claim is believed to
rest on the obligations imposed by our existing
traty with that country, Its j
in ustice was admit
ted. our diplomatic correspondence with the
Spanish government, as early as March, 1847;
and one of my predecessors, m his annual mes
sage of that year, 'recommended that provision
should be made fir its payment. In January
last, it was again submitted to Congress by the
Executive. It has received a favorable con
sideration by committees of both branches, but
ns yet there has been no final action upon
I conceive that good faith requires its prompt
adjustment, and I present it to your early and
favorable consideration.
Martin Kosztn, a Hungarian by birth, came
to this country in ISM, and declared his intro
tion, is due form of law, to become a citizen
of ;he United States. After remaining here
nearly two years. he visited Turkey. While at
Smyrna, he was forcibly seized, taken on board
an Austrian brig of war, then lying in the har
bor of that place, and there confined in irons,
with the avowed design to take him into the
dominions of Austria. Our consul at Smyr
na and legation at Constantinople interposed
for his release, but their efforts were ineffectu
al. While thus imprisoned, Commander In
graham, with the United States ship of war St.
Louis,. arrived at Smyrna, and, after inquiring
into the circumstances of the case, came to the
conclusion that Koszta was entitled to the pro
tection of this government, and took energetic
and prompt measures for his release. Under
an arrangement between the agents of the Uni
ted States and of Austria, he was transferred
to the custody of the French consul-general, at
Smyrna, there to remain until lie should lie dis
posed of by the mutual agreement of the con
suls of the respective governments nt that place.
Pursuant to that agreement he has been re
leased and is now on his way to the United
States. The Emperor of Austria has made the
conduct of our officers who took part in this
transaction a subjCet of grave complaint. Re
garding Koszta as still his subject, and claim
ing a right to seize him within the limits of
the Turkish empire, he has demanded of this
government its consent to the surrender of the
prisoner, a disavowel of the acts of its agents,
and satisthetion thr the alleged outrage. Af
ter a careful consideration of the case, I came
to the conclusion that Koszta was seized with
out legal. authority at Smyrna; that lie was
wrongfully detained on board of the Austrian
brig of war; that, at the time of his seizure, lie
was clothed with the nationality of the United
States; and that the acts of our officers, under
the circumstances of the case; were justifiable,
and their conduct has been fully approved by
me, and a compliance with the several de
mands of the Emperor of Austria has been de
clined.
For a more full account of this transaction
and my views in regard to it, I refer to the cor
respondence between the charge d'affiiires of
Austria and the Secietary of State, which is
herewith transmitted. The principles and pol
icy, therein maintained on the part of the Uni
ted States, will, whenever a proper occasion
occurs, be applied and enforced.
The condition of Cities, at this time, renders
it propable that some important changes will
occur in that vast empire, which will lead to a
more unrestricted intercourse with it. The
commissioner to that country, who has been
recently appointed, is instructed to avail him
self of all occasions to open and extend our
commercial relations, not only with the empire
of Chinn, but with other Asiatic nations,
In 1852, an expedition was sent to Japan,
under the command of Commodore Perry, for
the purpose of opening commercial intercourse
with that island. Intelligence has been receiv
ed of his arrival there, and of his having made
known to the Emperor of Japan the object of
his visit; but it is not yet ascertained how far
the Emperor will be disposed to abandon his
restrictive policy, and open that populous coun
try to a commercial interconse with the V. S.
It has been any earnest desire to maintain
friendly intercourse with the governments upon
this continent, and to aid them in preserving
good understanding among themselves. With
Mexico a dispute has arisen as to the true boun
dory line between our territory of New Mexico
and the Mexican State of Chihuahua. A for
mer Commissioner of the United States, em
ployed in running that line persuant to time trea
ty of Guadalupe Hidalgo, Made n serious mis
take in determining the initial point on the
Rio Grande; but, inasmuch as his decision
was clearly a departure from the directions for
tracing the boundary contained in that treaty,
and was not concurred in by the surveyor ap
pointed on the part of the United States, whose
concurrence was necessary to give validity to
that decision, this government is not conclu
ded thereby, int that of Mexico takes a differ
ent view of the subject.
There are also other questions of considera
ble magnitude pending between the two repub
lics. Our Minister in Mexico has ample in
structions to adjust them. Negotiations have
bean opened, but sufficient progress has not
been made therein to enable me to speak of
the probable result. Impressed with the im
portance of maintaining amicable relations
with that republic, and of yielding with liberal
ity to all her just claims, it is reasonable to ex
pect that an arrangement mutually satisfacto
ry to both countries may be concluded, and n
lasting friendship between them confirmed and
perpetuated.
Congress having provided for a full mission
to the States of Central America, a minister
was sent thither in July last. As yet he has
had time to visit only one of these states, (Nie.
enigma) where he was received in the most
friendly manner. It is hoped that his presence
and good offices will have a benign effect in
composing the dissentious which prevail among
them, and in establishing still mom intimate
and friendly relations between them respective
ly, mid between each of them and the United
States.
Considering the vast regions of this contiu
neat, and the number of States which would be
made accessible by the free navigation of the
river Amazon, particular attention has been
given to this subject. Brazil, through whose
territories it passes into the ocean, has hitherto
persisted in a policy so restrictive, in regard to
the use of this river, as to obstruct, and nearly
exclude, foreign commercial intercourse with
the States which lie upon its tributaries and
. upper branches. Our Minister to that coun
try is instructed to obtain a relaxation of that
)
po te, and to use hise .
fforts to induce the lir
• 1 . •
zilion government to open in common use, on
' der proper safe-gaunls, this grout natural' high
way fur haernational trade. Several of the
South American States an, deeply interested
in this attempt to secure the tree navigation or
the Amazon, and it is reasonable to expect
their co:oilernlitin in the measure. As the ad
vantagei erfree colon...rein' intercourse among
unlit., arc better uttic,ttioil, inert liberal
HUNTINGDON, PA., WEDNESDAY, DECEMBER 21, 1853.
views are generally entertained as to the com
mon rights elan to the free use of those means
which nature has provided for international
communication. h n theie inure liberal and
enlightened views, it is hoped that Brazil. will
conform her policy, 'and remote all unnecessa
ry restrictions upon the free use of a riVer,
which traverses so many States and so large a
part of the continent. I nni happy to inform
you that the Republic of Paraguay and the
Argentine Confederation have. yielded to the
liberal policy still resisted by Brazil, in regard
to the navigable rivers within their respective
td}ritories. Treaties embracing this subject
among others have been negotiated with these
governments, which will he submitted to the
Senate nt the present session.
A new branch of commerce, important to
the agricultural interests of the United Stales,
has within a few years past, been opened with
Peru. Notwithstanding the inexhaustible de
posits of guano upon the islands of that coun
try, considerable difficulties are experienced in
obtaining the requisite supply. Measures have
been taken to remove these difficulties, and to
secure a more .abundant importation of the ar
ticle. Unfortunately, there has been a serious
collision between Our citizens, who have resor
ted to the Chincha Islands for it, and the Peru
vian authorities stationed there. Redress for
the outrages, committed by the latter, was
promptly demanded by our in in ister at Lima.
This subject is now under consideration, and
there is reason to believe that Peru is disposed
to offer adequate indemnity to the aggrieved
parties. .. -
We are thus not only at peace with all for
eign countries, but, in regard to the political
affairs, arc exempt from any cause of serious
disquietude in our domestic relations.
The controversies, which have agitated the
country heretofore are passing away with the
causes which produced them and the passions
which they had awakened, or, if any trace of
them remains, it may be reasonably hoped
that it will only be perceived in the zealous ri
valry of all good citizens to testifiy their res
pect for the rights of the States, their devotion
to the Union, and their common determina
tion that each one of the States, its institu
tions, its welfare, and its peace *shall be held
alike secure under the sacred togis of the Con
stitution.
This new league of amity and of mutual con
fidence and support, into which the people of
the Republic have entered, happily affords in
ducement and opportunity for the adoption of
n more comprehensive and unembarrassed line
of policy and action, as to the great material
interests of the country, whether regarded in
themselves or in connexion with the powers of
the civilized Wald.
The United States have continued gradually
and steadily to expand, through acquisitions
of territory, which, how much mover seine of
them may have been questioned, are now uni
versally seen and admitted to have been wise
in policy, just in character, and a great de
ment in the advancement dour country, and,
with it, of the human race, in freedom, in pros
perity and in happiness. The thirteen States
have grown to be thirty-one, with relations
reaching to Europe on the one side, and on
the other to the distant realms of Asia.
I am deeply sensible of the immense respon
sibility which the present magnitude of the
Republic, and the diversity and multiplicity of
its interests, devolves upon me; the alleviation
of which, on far as it relates to the immediate
conduct of the public business is, first, in my
reliance on the wisdom andpatriotism of the
two Houses of Congress; and, secondly, in the
directions afforded me by the principles of
public policy, affirmed by our fathers of the
epoch of 1798, sanctioned by long experience,
and consecrated anew by the overwhelming
voice of the people of the United States.
Recurring to these principles, which consti
tute the organic basis of union, we perceive
that vast as are the functions and duties of the
Federal Government, vest**, or entrusted
to, its three great departraeliK the legislative,
executive and judicial, yet the substantive
power, the popular force, and the large capa
cities tau social and material developement,
exist in the respective States, which, all being
of themselves well constituted republics, as
they preceded, so they alone are capable of
maintaining and perpetuating the American
Union. The Federal Government has its ap
propriate line of action in the specific and lim
ited powers conferred on it by the Constitution,
chiefly as to those things in which the States
have a common interest in their relations to
one another, and to foreign governments; while
the greet mass of interests which belong to
cultivated men, the ordinary business of life,
the springs of industry, all the diverted person
al and domestic affairs of society, rest securely
upon the general reserved powers of the peo
ple of the several States. There is tho defec
tive democracy of the nation, and there the vi
tal essence of its being and its greatness.
Of the practical consequences which flow
from the nature of the Federal Government,
the primary one is the duty of administering
with integrity and fidelity the high trust repo
sed in it by the Constitution, especially in the
application of the public funds, as drawn by
taxation from the people, and approprinted to
specific objects by Congress. Happily I have
no occasion to suggest any radical changes in
the financial policy of the government. Ours
is almost, if not absolutely, the solitary power
of Christendom having a surplus revenue,
drawn immediately from imposts on commerce,
and therefore measured by the spontaneous en
terprise and national prosperity of the country,
with such indirect relation to agriculture, inan
ufactures and the products of the .earth and
sea, as to violate no Constitutional doctrine,
and yet vigorously promote the general wet
fare. Neither ns to the sources of the public
treasure, nor as to the manner of keeping and
managing it, does any grave controversy now
prevail, there being n general acquiescence in
the wisdom of the present system.
report of the Secretary of the Tronsury,
will exhibit, in detail, the state of the public
linnnees, anti the condition of the various
branches of the public service administered by
that department of the government.
The revenue of the country, levied almost
insensibly to the tax-payer, goes on from year
to year increasing beyond either the interests
or the prospective wants of the government.
At the close of the fiscal year ending June
30, 1802, there remained in the treasury a bal.
ante 0f514,632,136. The public revenue for
(be fiscal year ending June 30, 1853, amount
ed to *58,931,865 from customs, and to two
million four hundred and five thousand seven
hundred and eight dollars from public lands
and miscellaneous sources, amounting together
to sixty-one million three hundred and thirty
seven thousand five hundred and seventy-four
dollars; while the public expenditure for the
same period, exclusive of payments on neeount
ol' the public debt, amounted to forty-three
million five hundred and fifty-four thousand
two hundred and sixty-two dollars; Tenving
balance of thirty-two million four hundred and
twenty-five thousand four hundred and forty
seven &liars of receipts 'shove expenditures.
This fact, of inerensing surplus in the treas
ury, became the subject of anxious considera
tion at a very early period of my administration,
and the path °flinty in regard lo i!sretned to
Inc obvious and clear, namely: first, to apply
the ,ttrplun rcreutte to the discharge of the
public debt, so far as it could judiciously be
done;.and, secondly, to devise • means for the
gradual reduction of the revenue to the stand.
ard of the public exigencies.
Of these objects, the first has been in the
course of accomplishment, in is manner and to
a-degree highly satisfactory. The amount of
the public debt, of all classes, was, on the .Ith
of March, 1853, sixty-nine million one hundred
and ninety thousand and thirtpseveu dollars;
payments on account of which have been made,
sauce that period,-to the amount of twelve mil
lion seven hundred end three thousand three
hundred and twenty-nine dollars, leaving un
paid and in the continuous course of liquida.
tion, the sum of fifty-six million' four hundred
and eighty-six thousand seven hundred and
eight dollars. These payments, althotigh made
nt the market price of the respective' classes of
stocks, have been effected rendily, and to the
general advantage of the treasury, and have at
the same time proved of signal utility? in the
relief they have incidentally afforded to the
money market and to the industrial 'and com
mercial pursuits of the country.
The second of the above mentioned objects,
that of the reduction of the tariff, is of great
importance, and the plan suggested by the Sec
retary of the Treasury, while is to reduce the
duties on certain articles, and to add to the
free list -many articles now foxed, and especial.
ly such as enter into manufactures, and aro not
largely, or at all, produced in the country, is
commended to your candid and careful eonsid.
eration.
You will and in the report - of the Secretary
of the Treasury, also, abundant proof of the en.
tire adequacy of the present fiscal system to
meet all the requirements of the public service,
and that, while properly administered, it oper
ates to the advantage of the community in or
dinary business relations.
rnspeetfully ask your attention to sundry
suggestions of improvements in the settlement
of accounts, especially ns regards the large
sums of outstanding arrears due to the govern
ment, and of other reforms in the administrn
live action of his department; which are indica
ted by the Secretary; as else to the progress
made in the construction of marine hospitnls,
custom-houses and of n new mint in California;
and assay office in the city of New York, here
tofore provided fur by Congress; and also to
the eminently successful progress of the Coast
Survey, and of the Light-house Beard.
Among the objects meriting your attention
will be important recommendations from the
Secretaries of War and Navy. lam fully
satisfied that the Navy of the U. S. is not in a
condition of strength and efficiency commen
surate with the magnitude of our commercial
and other interests; and commend to your spe
cial attention the suggestions on this subject,
made by the Secretary of the Navy. I respect
fully submit that the army, which, under our
system, must always be regarded, with the
highest interest, as a nucleus around which the
volunteer forces of the nation gather in the
hour of danger, requires augmentation or me
dificatim to adapt it to the present extended
limits and frontier relations of the country,
and the condition of the Indian tribes in the
interior of the continent; the necessity of which
will appear in the communications of • the Se
cretaries of War and the Interior.
In the administration of , the Post Office
Department for the fiscal veer ending June 30,
1853, the gross expenditure was seven million
nine hundred and eighty-two thousand seven
hundred and fifty-six dollars; and the gross re
ceipts, during the same period, five million nine
hundred and forty two thousand seven hundred
and thirty-four dollars; showing that the cur
rent revenue failed to meet the current expen
ses of the department by the sum of two mil
lion forty-two thotisand r•“ 1 thirty-two dollars.
The causes which, under the present postal
system :Ind laws, led inevitably to this result,
are fully explained by the report of the Post
mustergeneral; one great cause being the
enormous rates the department have been com
pelled to pay for mail service rendered by rail
road companies.
The exhibit in the report of the Postmaster
General of the income nail expenditures by
mail steamers will be found peculiarly interest
ing, and of a character to demand the immedi
ate suction of Congiess.
Numerous and flagrant frauds upon the Pen
}lion Bureau have been brought to light within
the last year, and, in some instances, merited
punishments inflicted; put, unfortunately, in
others, guilty parties have escaped, not through
the want of sufficient evidence to warrant a
conviction, but in consequence of the provisions
of limitation in the existing laws.
From the nature of those claims, the remote
ness of the tribunals to pass upon them, and
the mode is which the proof is, of necessity,
furnished, temptations to crime have been
greatly stimulated by the obvious difficulties of
detection. The defects in the law upon this
subject nro . so apparent, and so fatal to the
ends of justice, that your early action relating
to it is most desirable,
During the last fiscal yearoine million
eight hundred and nineteen thousand four hun
dred and eleven acres of the public lands have
been surveyed, and ten million three • hundred
and sixty-three thousand eight hundred and
ninety-one acres brought into market. Within
the same period, the sales by public purchase
and private entry amounted to one million
eighty-three thousand four hundred and ninety.
five acres; located under military bounty land
warrants, six million one hundred and forty
two thousand three hundred and sixty acres;
located under other certificates, nine thousand
four hundred and twenty-seven acres; ceded to
the States as swamp lands, sixteen million six
hundred and eighty-four thousand two hundred
and fifty-three acres; selected for railroad and
other objects, under the Act of Congress, one
million four hundred and twenty-seven thou
sand four hundred and fifty-scven acres.
The total amount of land disposed of within
the fiscal year, twenty-five million three hun
dred and forty-six thousand nine hundred and
ninetv-two acres; which is an increase in quan
tity sdd, and located under land warrants and
grants, of twelve million two hundred and thir
ty-one thousand eight hundred and eighteen
acres over the fiscal ytar immediate precede
ing, The quantity of laud sold during the sec
ond and third quarters of 1857,' were three
hundred and thirty-four thousand four hundred'
and fifty-one acres. The amount received
therefor, was six hundred and twenty-three
thousand' six hundred and eighty-seven dollars.
The quantity sold the second and third guar
tern of thoyenr 1853, was one million six him
tired and nine thousand nine hundred and
nineteen acres; and the amount received there
for, two million two hundred and twenty-six
thousand eight hundred and seventy-six dol
lars.
The whole number of land warrants issued
under existing laws, prior to the 30th of Sep
tember last, was two hundred and sixty-spx•
thousand and forty-two; of which them' were
outstanding at that date, sixty-six thousand.
nine hundred and forty-seven; The quantity
of land required to satisfy these outstanding
warrants, is four million seven hundred anti
seventy-eight thousand one hundred and twen
ty aeres. •
• \Variants have been issued to nnit, of Sep
tember last under the net of lith February.
18.17; calling fur twelve million eight hundred
and seventy-nine thowand two hundred atni
eighty acres; under acts of September 28,1830,
and March 22, 1852, calling for twelve million
five hundred and five thousand three hundred
and sixty acres; making a total of twenty.five
million three hundred end eighty.fonr thousand
six hundred and forty acres.
It is believed that experience has verified the
wisdom and justice of the present system, with
regard to the public domain, in most essential
particulars. •
'You will pereeive,Trem the report of the See
rotary of the Interior, that opinions, which have
often been expressed in relation to the opera.
tion of the land system, no not being a source
of revenue to the federal treasury, were errone
ous. The net profits from the sale of the pub
lic lands to June .30, 1853, .amounted to the
sum of :fifty-three million two hundred and
eighty-nine thousand four hundred and sixty
five dollars.
I recommend the extension of the land sys
tem over the Territories of Utah and New
Mexico, with such modifications as their pects
liarities may require.
Regarding the public domain as chiefly vat
noble to Provide homes for the industrious and
enterprising, I am not prepared to recommend
any essential change in the land system, except
by modifications in favor of the actual settler,
and no extension of the pre-emption principle
in certain eases, for reasons, and on grounds
which will be fully developed in the reports to
be laid down before you.
Congress, representing the preprietors of the
territorial domain, and charger: especially with
power to dispose of territory belonging, to the
United States, has, fur a long course of years,
beginning with the administration of Mr. Jef
ferson, exercised the power tOtonstruct roads
within the territories,nnd there are so many and
obvious distinctions between tlik exercise of
power and that of snaking roe within the
States, that the former has never been consid.
ered subject to such objections as apply to the
later, and such may now be considered the set
tled construction of the power of the the feder
al government upon the subject.
Numerous applications have been and no
doubt' will continue to be made fur grants of
land in aid of the construction of railways. It
is not believed to lie within the intent and
meaning of the Constitution, that the power to
dispose of the public domain should be used
otherwise than might be expected from a pru
dent proprietor, and therefore, that grants of
land to aid in the construction of rends should
be restricted, to eases where it would lie for the
interest of the proprietor, under like eircum
stnuces, thus to contribute to the construction
of these works.
For the practical operation of such grants
thus fitr, in advancing the interests of the
States in which the works are located, and at
the name time the subiitantial interests of all
the other States, by enhancing the value and
promoting the rapid sale of the public domain,
T refer you to the report of the Secretary of the
Interior. A careful examination, however, will
show that this experience is the result ofa jnst
discrimination, and will be far from affording
encouragement to a reckless or indiscriminate
examination of the principle.
The erection of an asylum for the insane of
-the District 'of Columbia, and of the army and
nary of the tnited Stales, has•been somewhat
retarded. by the great demand for material and
labor during the past summer; but full prepar-
ations for the reception of patients, heroic the
return of another winter, is anticipated; and
there is the best reason to believe, from the •
plan and contemplated arrangements which
have been devised, with the large experience
furnished within the last few years in relation
to the nature and treatment of the disease, that
it will prove an asylum indeed to this most
helpless and afflicted clam of sufferers, and
stand its a noble monument of wisdom and
mercy. .
I Commend to pour ihvorable consideration
the men of genius of our country, who, by their
inventions mid discoveries in science and art,
have contributed largely to the improvements
of the age, without, in ninny instances, occur
ing fir themselves anything like an adequate
reward. For ninny inter.•:<tiu g details upon
this subject I refer you to the appropriate re
ports, mot especially dirge upon your early at
tention the apparently slight, but really impor
tant modifications of existing laws therein sug
gested.
The liberal spirit which has so long marked
the action of Congress in relation to the Dis
trict of Columbia will, I have no doubt, con
tinue to be manifested.
Under the nets of Congress of August 21,
1852, and of Morel,. 3, 1853, designed to se
cure the cities of Washington and Georgetown
an &minima supply of good and wholesome
water. it became my duty to examine the report
and plans of the eng ineer who had charge of
the surveys under the net first namcd. The
best, if not the only plan, calculated to serum
permanently the object sough, was that which
contemplates taking the water from the Great.
Falls of thu Potomac, and, consequently, I
gave it my approval.
For the progress and present. condition of
this important work, and for its demands, so
far as appropriations are concerned, I refer you
to the report of the Secretary of War.
The present judicial system of the toned
States has now been in operation for so long a
period of time, and has, in its general theory
and much of its details, heroine so fluniliar to
the country, and acquired so entirely the pub
lie confidence, that if modified in any respect,
it should only be in those particulars which
may adapt it to the increased extent, popula
tion, and legal business of the United States.
In this relation, the organization of the courts
is now confessedly inadequate to the duties to
be performed by them; in consequence of
which, the States of Florida. Wisconsin, lowa,
Tex. mid California, and districts of other
States, are in effect excluded from the full
benefits of the general system, by the func
tions of the Circuit Court being devolved on the
district judges in all those States, or parts of
States.
The spirit of the constitution and n Inc re
gard to justice, require thnt nil the States of
the Union should be placed on the same foot
ing in regard to the judicial tribunals. I there
fore commend to your consideration thin jollier.
taut nutjecf, *MA in my judgment, demands
the speedy tittion of Congress. I will present
to you, if deemed desirable, a plan whirls I em
prepared to recommend, for the enlargement
and modification of the present judicial system.
The net of Congrss e;tablishing the Snaithso.
nian Institution provided that the President of
the United States, and other persons therein,
designated, should constitne no 'establishment',
by thnt name, and that the members should
hold stated and special meetings for the super
vision of the +Allays of the Institution. The
organization not having taken place, it seemed
to me proper that it should be effected without
delay-. This has been done; and. an occasion,
was thereby presented for inspecting the comb
tion or the InstitatinVand appreciating its sue
cessful progress thns far. and its high promise
of great and general usefulness.
_ .
I have omitted to ask your favorablo consid
eration for the estimates of works of A local
character in twenty-seven of the thirty-ono
States amounting to one million seven hun
dred and fifty-four thousand five hundred dol
lars, because, independently of the grounds
which have to often been urged agninst the ap.
plication of the federal revenue for works of
this character; inequality with consequent in
justice is inherent in the nature of the proposi
lion, and because the plan has proved entirely
inadequate to the accomplishment of the ob
jects sought.
The subject of internal improvetnents, claim
ing alike the interest and good-will of all, has,
nevertheless, been the basis of much political
diseussion, and has stood as a deep graven line
of division between statesmen of eminent abil
ity and patriotism. The rule of strict construc
tion of all powers delegated by the States to the
• general government has arrayed itself, from
time to time, against the rapid progress of et
penditures from the national treasury on Works
of a local character within the States. Memor
able as an epoch in, the history of this subject
is the message of President jackson, of the
27th of May, 1830, which met the system of in
ternal improvements in its comparative infancy;
but so rapid had been its growth, that the pro•
jetted appropriations in that year for works of
this character had risen to the alarmiog amount
of mom than one hundred millions of - dollatn,
In thot message the President admitted the
difficulty of bringing back the operations of the
government to the construction of the constitu
tion set up in 1798, and mnrked it as an ad
monitory proof of the necessity of guarding
that instrument with sleepless vigilance against
the authority of precedents, which had not the
sanction of its most plainly defined powers.
Our government exists under a written com
pact between sovereign States, uniting for spe.
cific objects, and with specific grants to their
general agent. If, then, in the progress of its
administration there have been departures from
the terms and intent of the compact, it is, and
will ever be, proper to refer back to the fixed
standard which our fathers left us, and to make
a stern effort to conform our action to it. It
would seem thnt the fort of a principle having
been resisted from the first by many of the wi
sest and most patriotic men of the republic,
and a policy having provoked constant strife,
without arriving at a conclusion which can be
regarded as satisfactory to its most earliest ad.
vocates, shoold suggest the inquiry whether
there may not be n plan likely to be crowned
by happier results.
Without perceiving any sound distinction,
or intending to assert any principle ns opposed
to improvements needed for the protection of
internal commerce, which does not equally ap
ply to improvements upon the seaboard for the
protection of foreign commerce. I submit to
you, whether it may not be safely anticipated
that, if the policy were once settled against ap-.
propriations by the General Government for
local improvements for the benefitof commerce,
localities requiring expenditures would not, by
modes and means clearly legitimate and pro
' per, raise the fund necessary for such construe•
lions as the safety or other interests of their
commerce might require.
If that can be regarded as a system, which,
in the experience of more than thirty years,
has at no time so commanded the public judg
ment as to give it the character of n settled
policy,—which, though it has produced some
works of conceded itnportance, has been at
tended with an expenditure quite dispropor.
tionate to their value—and has resulted in
squandering large sums upon objects %Odell
have answered no valuable purpose,—the im
terests of all the States require it to lie alum
! doped, unless hopes may he indulged for the
future which find no warrant in the past.
With an anxious desire for the completion of
the works which are . regarded by all good citi
zens with sincere interest. I have deemed it my
duty to ask at your hands a deliberate re-con
sideration of the question, with a hope that,
animated by a desire to promote the permanent
and substantial interests of the country, your
wisdom may prove equal to the task of devising
and maturing a plan, which, applied to this
subject, may promise something better than
constant strife, the suspension of the powers of
local enterprise, the exciting of vain hopes, and
the disappointment of cherished expectations.
In expending the appropriations made by
the lost Congress, several. canes linen arisen in
relation to works for the improvement of har
bors, which involve questions as to the right of
soil and jurisdiction, and have threatened con
flict between the authority of the State and
g,enerid goverments. The right to construct a
break-water, jetty, or dam, would seem, neees
sarily, to carry with it the power to protect and
preserve such constructions. This can only be
effectually done by having jurisdiction over the
soil.
But no clause of the Constitution is found,
on which to rest the claim of the United States
to exercise jurisdiction over the soil ofu State,
except' that conferred by the eighth section of
the first article of the Constitution. It is, then,
submitted, whether, in all eases where con
structions ore to he erected by the general
government, the right of soil should not first
be obtained, and legislative provisioujm Made
to cover all such cases.
For the progress thade in the construction
of roads within the territories, as provided for
in the appropriations of the last Congress, I re
fer you to the report of the Secretary of War.
There is one subject of a domestic nature,
which, from its intrinsic importance, and the
many interesting questions of future policy
which it involves, cannot fail to receive your
early attention. I allude to the means of com
munication, by which differentparts of the wide
expanse of our country aro to be praced in clo
ser connection for purposes both of defence anti
commercial intercourse, and more especially
such as appertain to the coot of
those great . divisions of the Union which lie on
the opposite sides of the Rocky Mountains.
That the government has not been unmind•
ful of this, heretofore, is apparent front the aid
it has afforded, through appropriations for mail
facilities and other purposes. But the general
subject will now present itteit ender aspects
more imposing and more purely national, by
reason of the surveys ordered by Congress, and
now in the process of completion, for commu
nication by railway across the continent, And
wholly within the limits of the United Stites.
Thu power to declare war, to raise and snp
pen armies, to provide and maintnin n Navy,
and to call forth the militia to execute the laws,
suppress insurrections, and repel invasions,
was conferred upon Congress, Us means to pro.
vein for the common defence, and to protect a
territory and a population now widespread and
vastly multiplied. As incidental to and indis
pensable for the exercise of this power, it must
sometimes be necessary to tronstruet military
roads and protect harbors of refuge. to am
propriations by Congress for such objects, no
sound objection can be raised.
Happily for our country, its peaceful policy
and rapidly increasing population impose upon
us no urgent necessity fin• preparation, and
leave bite few trackless deserts bet‘Von
able prink man pntriotic people ever ready
and generally able) to protect then,. These ne
cessary links, the enterprise and energy pf our
people, are steadily and boldly strugghng to
surely. All experience allirms that, wherever
private enterprise will avail, it is most wise for
the general government to leave to that and
individual watchfulness the location and exe
enaon elan means' of comnitinicatien.
The surveys before alluded to were designed
to ascertain the most practicable and oeoimm
ieal route ibr a railroad from the river Missis
sippi to the Pacific ocean. Pada, a re tow in
NO: 51.
the field making explorations, where previous
examinations had not supplied sufficient dent
and where there was the best reason to hope
the object sought might be found.
The means and time being both limited, it
is not to be expected that all the accurate
knowledge desired wfif be °lnning& Lin it is
hoped that much and important information
will ho added to the stock p reviously P ossessed,
• and that partial, if not ful l . reports of the our
veils ordered will be received, in time fur trans
mission to the two houses or Congress, on or
before the first Monday in February neit, as
required by the net of appropriation.
The magnitude of the enterprise contempla
ted has aroused, and will. doubtless continue to
excite a toy general interest throughout the
counter. In its political, its commercial and
its military bearings, it has varied, great, and
increasing claims to consideration. The heavy
expense, the great delay, and, at times, fatality
attending travel by either of the isthmus routes,
have demonstrated the advantage which wontd
result from inteMerritorial comninniention by
each safe and rapid means as a railroad would:
supply.
These diffieulties, which have been encoun
tered in n period of peace, would be magnified
and still further increased in time of war. Mit
whilst the embarrassments already encountered.
and others under new contingencies to be an
ticipated, cony serve strikingly to exhibit the
importance•of such n work, neither these, nor
all considerations combined, can have an ap•
preciable value, when weighed against the
obligation strictly to adhere to the constitution,
and faithfully to execute the powers it confers.
Within this limit and to the extent of the in
terest of the government involved, it would .
seem both expedient and proper, if an ecenom •
{cal and practicable route shall tie found to aid,
by all constitutional means, in the construction
of a rend, which will unite, by speedy transit,
the populations of the Pacific and Atlantic
States.
To gtund against misconception ; it should
be remarked that,
.although the power to coo-,
struct, or -aid in the construction of, a road
within the limits of a territory is not embarass
ed by that question of jurisdiction which would
arise within the limits of rState, it is neverthe
less hell to be of doubtful power, and more'
than doubtful propriety, even within the limits
of a territory, fur the General. Government to
undertake to administer the affairs of a railroad.
a canal, or other similar construction, and
therefore that its connection With a work of
this Character should he incidental rather than
primary:
I will only add, at present, that, fully appre•
elating the magnitude of the subject, and soli•
eitous that the Atlantic and Pacific shores of
the republic may be bound together by insep
arable ties of common interest, ns well as of
common fealty and attachment to the 17nion,
I Shall be-disposed, so far no my own action is
concerned, to tidlow the lights of the constitu
tion as expounded end illustrated by these
whose opinions and expositions constant, the
standard of my political faith in regard to the
powers of the federal government.
It is, I trust, not necessary to say, that no
grandeur of enterprise, and nopresent urgent
inducement promising popular favor, will lend
me to disregard those lights, or to depart from
that path, which experience has proved to be .
safe, and.which is now radiant with the glow of
prosperity and legitimate constitutional pro
gress. We can atlbrd to wait, but We cannot.
afford to overlook the ark of our security.
It is no part of my purpose to give promi
nence to any subject, which mar properly be
regarded no set at rest by the delibernte judg
ment of the people. But while the present is
bright with promise, and the future full of de
mand and inducement for the exercise of active
intelligence, the past can never be Without Use
ful lessons of admonition and instruction. If
its dangers serve not as beacons, they will evi
dently fail to fulfil the object of a wise design.
When the grave shall 'have closed over all
who are now endeavoring to meet the obliga
tions of duty, the year 1850 will be recurred to'
no rt period titled with anxious apprehension.
A successful war had just terminated. Peace
brought with it a vast augmentation of, terra();
rv. Disturbing questions arose, bearing upon
the domestic institutions of one portion of the
confederacy, and intofdrig• the constitutional
rights of the States.
But, notwithstanding ditTerenees of opinion
and sentiment which then existed in relation
to details and specific provisions, the acquies•
mace of distingnedied citizens, whose devotion
to the Union can never he doubted. has given
renewed vigor to our institutions, and restored
a sense of repose and security to the public
mind throughout the confederacy.
That this repose is to aunt no shock during
my official term, if I have power to avert it,
those Who placed me here may he assured.—
The wisdom of men who knew what itidepen•
deuce cost—who had put all at stake upon the
issue of the Revolutionary struggle—disposed
of the subject to which 1 refer, in the only War
consistent with the union of the States, and
with the martli.of power and prosperity which
has made us what see are.
It is a significant face that, finns the ad‘p
tion olthe Constitution mill( the officers and
soldiers of the Revolution had passed to their
graves, or, through the infirmities of age . and
wounds, had ceased to participate actively ih
public affisirs, there was not merely a quiet ac
quiescence in, but a prompt vindication of du,
constitutional rights of the States. The reser
ved powers were scrupulously respected. No'
statesman put forth the narrow views of casu
ists I justify interference .and agitation, but
the spirit of the compact was regarded as sa
cred us the eye of honor. and indispensible ro r
the great experiment of civil liberty, which;.
environed by inherent difficulties, was yet.
borne forward in apparent weakness by a poW
er superior to ail obstaelei. There is no con
demnation the voice of freedom would not pro
nounce upon us, shout l We prove faithless to
this great trust. While men inhabiting differ
ent parts of this vast continent can no more lie
expected to hold the same opinions, or enter
tain the sense sentiments, than every variety pc
climate or soil can be expected to furnish the
name agricultural products, they can unite in
a common object, and sustain common princi
ples essential to the reeintainance of that ob
,.
met. The gallant men of the South and the
'North could stand together during the strug
gle of the Revolution; the) , could stand togeth
er in the more trying period which succeeded
the clamor of arms. As their united valor was
adequate to all the trials of the camp and don
gem of the field, so their united wisdom prov
ed equal to the grater task of founding, upon'
a sleep and broad basis; institutions, which it
has been our privilege to' enjoy, and will ever
be our snort sacred duty to sustain. It is but the
feeble expression of a faith strong and univew
sal, to say that their sons, whose blood ming
led so often upon the same field, during the
war of 1812, and who have mote recently borne
in triumph the flag of the country upon a for ,
eigu soil, will never permit alienation of feeling
to weaken the power of their' united efforts,
nor inMrnal dimensions to paralyze the great.
arm of freedom, uplifted' for the vindication of
self•goverument.
I have thus briefly presented such tinges. ,
lions as seem to me especially worthy ot, your
consideration. In providing for the present,.
( Con , troied on
.I:oirth page.)