A compilation of the messages and papers of the presidents, 1789-1897

THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

Digitized by the Internet Archive

in 2007 with funding from

IVIicrosoft Corporation

http://www.archive.org/details/compilationofmes05unitiala

THE P.AT^MT OFT'ICE:

A COMPILATION

MESSAGES AND PAPERS

PRESIDENTS

I 789 -1897

PUBLISHED BY AUTHORITY OF CONGRESS

JAMES D. RICHARDSON

A Rkpreskntativk. krom thk Statb ok Tknnbssbr

VOLUME V

WASHINGTON

GOVERNMENT PRINTING OFFICE

i8g7

Copyright, 1897, by James D. Richardson.

College
Librar/

J '

SI

^%

Prefatory Note

This volume, the fifth of the series, comprises a period of twelve years.
It includes the four years' term of the Taylor-Fillmore Administration
and the full terms of Presidents Pierce and Buchanan. This brings the
history down to March 4, 1861, the beginning of the late war between
the States. These twelve years form an important and eventful epoch
in the affairs of our countrj', as they immediately precede the war and
cover the official utterances of the Executives during this period. Some
of the more important events and incidents of these twelve years are the
Bulwer-Clayton treaty with Great Britain for a joint occupancy of the
proposed ship canal through Central America; the compromise measures
of 1850; the admission of California, Minnesota, Oregon, and Kansas as
States; the Gadsden purchase, b}' which the United States acquired
45)535 square miles of territory', being portions of Arizona and New Mex-
ico; the Kansas- Nebraska legislation; the famous Dred Scott decision;
the John Brown insurrection, and the disruption of the Democratic party
in the national campaign of i860.

This volume contains several veto messages which are interesting.
By President Pierce, vetoes of "An act making a grant of public lands
to the several States for the benefit of indigent insane persons;" of six
acts relating to internal improvements; of an act for a subsidy for ocean
mails, and of an act for the ascertainment and allowance of French spo-
liation claims. By President Buchanan, vetoes of an act granting lands
for agricultural purposes; of two acts relating to internal improvements,
and of a homestead act.

Interesting reading is furnished in the protests of President Buchanan
against the action of the House of Representatives in ordering the ap-
pointment of a committee to investigate the conduct of the President.

The careful reader will find in this volume errors which the conii>iler

could not correct. For instance, on page 410 certain figures are given

III

87(Kil()

IV Messages and Papers of the Presidents

from a report of the Postmaster-General, which when added do not pro-
duce the total given. The error may arise from the failure to make the
proper addition, or it may be that the total is correct and that the fig-
ures first given are incorrect. The original message contains the same
error. Similar errors occur elsewhere in the compilation. These matters
are, however, trivial, and perhaps need not have been mentioned.

JAMES D. RICHARDSON.
July 4, 1897.

Contents of Volume V

Page.

Prefatory Note iii-iv

ZACHARY TAYLOR, MARCH 5, 184Q, TO JULY 9, 1850

Portrait 2

BioGRAPHiCAi. Sketch 3-4

Inaugural Address 4-6

Special Messages 6-7

Proclamation 7-8

Executive Order 8-9

First Annual Message 9-24

Special Messages 24-49

Proclamations 50

Death of President Taylor 51-60

MILLARD FILLMORE, July 10, 1850, to March 4, 1853

Portrait 62

Biographical Sketch 63-64

Special Messages 64-76

Proclamation 76-77

First Annual Message 77-94

Special Messag?:s 94-107

Proclamations 107-1 10

Special Messages i lo-i 1 1

Proclamations n i-i 12

Second Annual Message 1 13-139

Special Messages 139-161

Executive Orders 161-163

Third Annttal Message 163-1.S2

Special Messages 1S2-191

Proclamation 191

FRAXKLIX PIERCE. 1853-1^57

Portrait 194

Biographical Sketch 195-196

Inaugural Address 197-203

Special Messages . 203-204

Executive Orders . 204-206

V

VI Messages and Papers of the Presidents

Page.

First Annual Message 207-226

Special Messages 226-247

Veto Messages 247-27 1

Proclamations 271-273

Second Annual Message 273-293

Special Messages 293-307

Veto Messages 307-325

Proclamations 325-327

Third Annual Message 327-350

Special Messages 350-385

Veto Messages 386-388

Proclamations 388-394

Special Session Message 394-396

Special Message 396

Fourth Annual Message 397-4^7

Special Messages 418-425

Proclamation 426

JAMES BUCHANAN, 1857-1861

Portrait 428

Biographical Sketch 429-430

Inaugural Address 430-436

First Annual Message 436-463

Special Messages 463-490

Proclamations 490-497

Second Annual Message 497-529

Special Messages 530-542

Veto Messages 542-550

Proclamation 550-55 1

Special Message 551

Executive Orders 551-552

Third Annual Message 552-576

Special Messages 576-599

Veto Messages 599-614

Protests 614-625

Proclamation 625-626

Fourth Annual Message 626-653

Special Messages 654-670

Veto Message 670-672

Proclamation 672

Illustrations

Page.

Interior Department Building Frontispiece.

Zachary Taylor 2

Millard Fillmore 62

Franklin Pierce 194

James Buchanam 428

Zacliary Taylor

March 6, 1849, to July 9, 1880

Zachary Taylor

Zachary Tayl,or was born in Orange County, Va., November 24,
1784. He was the third son of Richard Taylor, a colonel in the War
of the Revolution, who was conspicuous for his zeal and courage. In
1785 his father removed to Kentucky, then a sparsely occupied county of
Virginia, and made his home near the present city of Louisville, where
he died. Zachary had but little opportunity for attending school in
this new settlement, but was surrounded during all the years of his child-
hood and early manhood by conditions and circumstances well adapted
to form the character illustrated by his eventful career. In 1808 he was
appointed a lieutenant in the Sev^enth Infantry, and in 18 10 was pro-
moted to the grade of captain in the same regiment. The .same year
was married to Miss Margaret Smith, of Maryland. For meritorious
conduct in defending Fort Harrison, on the Wabash River, against the
Indians received the brev^et of major. In 18 14 conunanded in a campaign
against hostile Indians and their Briti.sh allies on Rock River. Was
made lieutenant-colonel of the Fjr.st Infantry in 1819, and in 1832 be-
came full ccjlonel of that regiment, with headquarters at Fort Crawford,
Prairie du Chien. Was occupied with his regiment fighting the In-
dians in the Black Hawk and other campaigns until 1836, when he was
transferred to Florida for .service in the Seminole War. F'or gallant con-
duct there the next year received the brevet of brigadier-general, and
in 1838 was appointed to the chief command in Florida. In 1840 was
a.ssigned to conunand the .southern division of the western department of
the Army. Alxsut this time he made his family home at Baton Rouge,
La. In 1845 was ordered to the defense of Texas, which had been
annexed to the United States. He went to Corpus Chri.sti, and on March
8, 1846, advanced, and after .some fighting, in which he routed and drove
the enemy across the Rio (irande, on May 18 (occupied Matamoras. He
remained there for a short jieriod, obtaining reenforcements. In vSep-
temlxir fought the enemy at Monterey and cai)tured that town. The
following February fought and won the battle of Buena Vi.sta. In the
meantime, besides engagements less important, he had won the victories
of Palo Alto and Resiica de la Palma, which created great enthusiasm

S

4 Messages and Papers of the Presidents

throughout the Union. The terms of capitulation granted by him to
the enemy at Monterey were not approved by the Government at Wash-
ington. Soon after the battles of Palo Alto and Resaca de la Palma he
received the rank of brevet major-general, and on June 27, 1846, was
appointed major-general and was commander in chief of all the American
forces in Mexico until Major-General Scott was ordered there in 1846.
The latter part of November returned to his home in Louisiana. Upon
his return to the United States he was received wherever he went with
popular demonstrations. Was nominated for President by the national
convention of the Whig party at Philadelphia on June 7, 1848, on the
fourth ballot, defeating General Scott, Mr. Clay, and Mr. W^ebster. At
the election on November 7 the Whig ticket (Taylor and Fillmore) was
successful, receiving 163 electoral votes, while the Democratic candidates
(Cass and Butler) each received 127 votes. He was inaugurated March
5, 1849, and died in Washington City July 9, 1850. Was buried in Cave
Hill Cemetery, Louisville, Ky,

INAUGURAL ADDRESS.

Blected by the American people to the highest office known to our laws,
I appear here to take the oath prescribed by the Constitution, and, in
compliance with a time-honored custom, to address those who are now
assembled.

The confidence and respect shown by my countrymen in calling me to
be the Chief Magistrate of a Republic holding a high rank among the
nations of the earth have inspired me with feelings of the most profound
gratitude; but when I reflect that the acceptance of the office which their
partiality has bestowed imposes the discharge of the most arduous duties
and involves the weightiest obligations, I am conscious that the position
which I have been called to fill, though sufficient to satisfy the loftiest
ambition, is surrounded by fearful responsibilities. Happily, however,
in the performance of my new duties I shall not be without able coop-
eration. The legislative and judicial branches of the Government pre-
sent prominent examples of distinguished civil attainments and matured
experience, and it shall be my endeavor to call to my assistance in the
Executive Departments individuals whose talents, integrity, and purity
of character will furnish ample guaranties for the faithful and honorable
performance of the trusts to be committed to their charge. With such
aids and an honest purpose to do whatever is right, I hope to execute dili-
gently, impartially, and for the best interests of the country the manifold
duties devolved upon me.

In the discharge of these duties my guide will be the Constitution,

Zachary Taylor 5

which I this day swear to "preserve, protect, and defend." For the
interpretation of that instrument I shall look to the decisions of the judi-
cial tribunals established by its authority and to the practice of the Gov-
ernment under the earlier Presidents, who had so large a share in its
formation. To the example of those illustrious patriots I shall always
defer with reverence, and especially to his example who was by so many
titles "the Father of his Country."

To command the Army and Navy of the United States; with the advice
and consent of the Senate, to make treaties and to appoint ambassadors
and other officers; to give to Congress information of the state of the
Union and recommend such measures as he shall judge to be necessary;
and to take care that the laws shall be faithfully executed — these are the
most important functions intrusted to the President by the Constitution,
and it may be expected that I shall briefly indicate the principles which
will control me in their execution.

Chosen by the body of the people under the assurance that my Admin-
istration would be devoted to the welfare of the whole country, and not
to the support of any particular section or merely local interest, I this
day renew the declarations I have heretofore made and proclaim my fixed
determination to maintain to the extent of my ability the Government in
its original purity and to adopt as the basis of my public policy those
great republican doctrines which constitute the strength of our national
existence.

In reference to the Army and Navy, lately employed with so much
distinction on active .service, care shall be taken to insure the highest
condition of efficiency, and in furtherance of that object the military and
naval schools, sustained by the liberality of Congress, shall receive the
special attention of the Executive.

As American freemen we can not but sj-mpathize in all efforts to
extend the blessings of civil and political liberty, but at the same time
we are warned by the admonitions of history and the \oice of our own
beloved Washington to abstain from entangling alliances with foreign
nations. In all disputes between conflicting governments it is our inter-
est not less than our duty to remain strictly neutral, while our geograph-
ical position, the genius of our institutions and our peo])k", the advancing
spirit of civ^ilization, and, above all, the dictates of religion direct us to
the cultivation of peaceful and friendly relations with all other ]x)wers.
It is to Ixi hojx^d that no international (juestion can now arise which a
government confident in its own strength and resolved to i>rotcH:t its o\\ n
just rights may not settle by wise negotiation; and it eminently iKconit's a
government like our own, founded on the morality and intelligence of its
citizens and upheld by their affections, to exhaiLst every resort of honor-
able diplomacy before appealing to arms. In the conduct of our foreign
relations I shall conform to these views, as I l)elieve them essential to
the best interests and the true honor of the country.

6 Messages and Papers of the Presidents

The appointing power vested in the President imposes delicate and
onerous duties. So far as it is possible to be informed, I shall make
honesty, capacity, and fidelity indispensable prerequisites to the bestowal
of office, and the absence of either of these qualities shall be deemed suf-
ficient cause for removal.

It shall be ni)^ study to recommend such constitutional measures to
Congress as may be necessary and proper to secure encouragement and
protection to the great interests of agriculture, commerce, and manufac-
tures, to improve our rivers and harbors, to provide for the speed}' extin-
guishment of the public debt, to enforce a strict accountability on the
part of all officers of the Government and the utmost economy in all pub-
lic expenditures; but it is for the wisdom of Congress itself, in which
all legislative powers are vested by the Constitution, to regulate these and
other matters of domestic policy. I shall look with confidence to the
enlightened patriotism of that bod}' to adopt such measures of concilia-
tion as ma}' harmonize conflicting interests and tend to perpetuate that
Union which should be the paramount object of our hopes and affections.
In any action calculated to promote an object so near the heart of everj--
one who trul)^ loves his country I will zealously unite with the coordinate
branches of the Government.

In conclusion I congratulate you, vay fellow-citizens, upon the high
state of prosperity to which the goodness of Divine Providence has con-
ducted our common country. Let us invoke a continuance of the same
protecting care which has led us from small beginnings to the eminence
we this day occupy, and let us seek to deserve that continuance by pru-
dence and moderation in our councils, by well-directed attempts to assuage
the bitterness which too often marks unavoidable differences of opinion,
by the promulgation and practice of just and liberal principles, and b}' an
enlarged patriotism , which shall acknowledge no limits but those of our
own widespread Republic.

March 5, 1849.

SPECIAL AIESSAGES.

Washington, March ij, 18^9.
To the Se7iate of the United States:

I herewith communicate to the Senate, in confidence, a report and
accompanying papers* from the Secretary of State, in answer to its res-
olution of the 12th instant, rj n^AVTOT?

♦Instructions to United States minister at London relative to further extension of reciprocity
and equality in the laws of navigation, and contemplating the opening of the coasting trade of the
Uuited states to the vessels of other nations.

Zachary Taylor 7

Washington, March 20, 1849.
To the Senate of the United States:

In answer to the resolution of the Senate of yesterday, passed in exec-
utive session, requesting a communication of certain papers relative to
the amendments made by the Senate to the treaty of Guadalupe Hidalgo,
I transmit a report from the Secretar>' of State and the documents by
which it was accompanied. It is desirable that the latter should be
returned to the Department of State. y TAVT OR

Washington, March 22, 184.9.
To the Senate of the United States:

In compliance with the request contained in the resolution of the Sen-
ate yesterday, adopted in executive session, calling for certain papers in
relation to the amendments made by the Senate in the treaty of Guada-
lupe Hidalgo, I transmit a report from the Secretary of State and the
documents by which it was accompanied. j TAVT OR

PROCLAMATION.

By the President of the United States.

a proclamation.

There is reason to believe that an armed expedition is alx)ut to be fitted
out in the United States with an intention to invade the island of Cuba
or some of the Provinces of Mexico. The l^est information which the
Executive has l:)een able to obtain points to the island of Cuba as the ob-
ject of this expedition. It is the duty of this Government to ob.ser\-e the
faith of treaties and to prevent any aggression by our citizens U|X)n the
territories of friendly nations. I have therefore thought it necessary and
proper to issue this my proclamation to warn all citizens of the United
States who shall connect themselves with an enterprise so grossly in
violation of our laws and our treaty obligations that they will thercl)y
subject themselves to the heavy i:)enalties denoiniced against thcni by
our acts of Congress and will forfeit their claim to the j^rotection of their
coiHitry. No such |)ersons must expect the interference of this (^lovern-
ment in any form on their Ixjhalf, no matter to what extremities they
may be reduced in consequence of their conduct. An enterprise to in-
vade the territories of a friendly nation, set on foot and prosecuted within
the limits of the United States, is in the highest degree criminal, as tend-
ing to endanger the peace and compromit the honor of this nation; and
therefore I exhort all good citizens, as they regard our national reputa-
tion, as they re.sixjct their own laws and the laws of nations, as they

8 Messages and Papers of the Presidents

value the blessings of peace and the welfare of their country, to discoun-
tenance and prevent by all lawful means any such enterprise; and I
call upon every officer of this Government, civil or military, to use all
efforts in his power to arrest for trial and punishment every such offender
against the laws providing for the performance of our sacred obligations
to friendl}' powers.

Given under my hand the nth day of August, A. D. 1849, and the
seventy-fourth of the Independence of the United States.

By the President:

J. M. Clayton,

Secretary of State.

EXECUTIVE ORDER.

General Orders, No. 34.

War Department,
Adjutant-General's Office,

Washington^ fujie ip, 184.9.

I. The following orders of the President of the United States and Sec-
retary of War communicate to the Army the death of the late ex-President,
James K. Polk:

Washington, /««^ ig, 1849.

The President with deep regret announces to the American people
the death of James K. Polk, late President of the United States, which
occurred at Nashville on the i5tli instant.

A nation is suddenly called upon to mourn the loss of one the recollec-
tion of whose long services in its councils will be forever preserved on
the tablets of history.

As a mark of respect to the memory of a citizen who has been distin-
guished by the highest honors which his countrj- could bestow, it is ordered
that the Executive Mansion and the several Departments at Washington
be immediatel)- placed in mourning and all business be suspended during
to-morrow.

It is further ordered that the War and Navy Departments cause suit-
able military and naval honors to be paid on this occasion to the memory
of the illustrious dead. „ TA YT OTJ

War Department, fune tq, iS^q.
The President of the United States with deep regret announces to tiie
Army the death of James K. Polk, our distinguished and honored fellow-
citizen.

Zachary Taylor ^

He died at Nashville the i5tli instant, having but recently left the
theater of his high public duties at this capital and retired to his home
amid the congratulations of his fellow-citizens. He died in the prime of
life, after having received and enjoyed the highest honors of the Republic.

His Administration was eventful. No branch of the Government will
be more intimately associated with it in histor>' than the Army and its
glorious achievements. Accordingly, the President orders that appro-
priate military honors shall be paid to his memory by the Army of the
United States.

The Adjutant- General will give the necessary instructions for carrying
into effect the foregoing orders. ^ ^ CRAWFORD

Secretaiy of War.

II. On the day succeeding the arrival of this general order at each mili-
tary- post the troops will be paraded at lo o'clock a. m. and the order read
to them, after which all labors for the day will cease.

The national flag will be displayed at half-staff.

At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and
at the close of the day a national salute of thirty guns.

The officers of the Army will wear crape on the left arm and on their
swords and the colors of the several regiments will be put in mourning
for the period of six months.

By order: j^ JONES, Adjutant- General.

FIRST ANNUAL MESSAGE.

Washington, December /, iS^g.
Felloiv- Citizens of the Senate and /louse of Representatives:

Sixty years have elapsed since the establishment of this Government,
and the Congress of the United States again assembles to legislate for an
empire of freemen. The predictions of evil prophets, who formerly ])re-
tended to foretell the downfall of our institutions, are now renicnilxrcd
only to be derided, and the United States of America at this moment jirc-
sent to the world the most .stable and ]K^rniancnt Government on earth.

Such is the result of the lalM)rs of those who have gone l>ef()re us.
Upon Congress will eminently depend the future maintenance of our
system of free government and the transmission of it unimpaireil to
posterity.

We are at peace with all the other nations of the world, and seek to
maintain our cheri.shed relations of amity with them. During the jxist
year we have Ijeen ble.s.sed by a kind Providence with an al)un(hince of

lo Messages and Papers of the Presidents

the fruits of the earth, and although the destroying angel for a time vis-
ited extensive portions of our territory with the ravages of a dreadful
pestilence, yet the Almighty has at length deigned to stay his hand and
to restore the inestimable blessing of general health to a people who have
acknowledged His power, deprecated His wrath, and implored His mer-
ciful protection.

While enjoying the benefits of amicable intercourse with foreign na-
tions, we have not been insensible to the distractions and wars which
have prevailed in other quarters of the world. It is a proper theme of
thanksgiving to Him who rules the destinies of nations that we have
been able to maintain amidst all these contests an independent and neu-
tral position toward all belligerent powers.

Our relations with Great Britain are of the most friendly character. In
consequence of the recent alteration of the British navigation acts, Brit-
ish vessels, from British and other foreign ports, will under our exist-
ing laws, after the ist day of January next, be admitted to entrj' in our
ports with cargoes of the growth, manufacture, or production of any part
of the world on the same terms as to duties, imposts, and charges as ves-
sels of the United vStates with their cargoes, and our vessels will be
admitted to the .same advantages in British ports, entering therein on the
same terms as British vessels. Should no order in council disturb this
legislative arrangement, the late act of the British Parliament, by which
Great Britain is brought within the terms proposed by the act of Con-
gress of the ist of March, 1817, it is hoped will be productive of benefit
to both countries.

A slight interruption of diplomatic intercourse which occurred between
this Government and France, I am happy to say, has been terminated,
and our minister there has been received. It is therefore unnecessary to
refer now to the circumstances which led to that interruption. I need
not express to you the sincere satisfaction with which we .shall welcome
the arrival of another envoy extraordinary^ and minister plenipotentiary
from a sister Republic to which we have so long been, and still remain,
bound by the strongest ties of amity.

Shortly after I had entered upon the discharge of the Executive duties
I was apprised that a war steamer belonging to the German Empire was
being fitted out in the harbor of New York with the aid of some of our
naval officers, rendered under the permission of the late Secretary of the
Navy. This permission was granted during an armistice between that
Empire and the Kingdom of Denmark, which had been engaged in the
Schleswig-Holstein war. Apprehensive that this act of intervention on
our part might be viewed as a violation of our neutral obligations incurred
by the treaty with Denmark and of the provisions of the act of Congress
of the 20th of April, 18 18, I directed that no further aid should be ren-
dered by any agent or officer of the Navy; and I instructed the Secretary
of State to apprise the minister of the German Empire accredited to this

Zachary Taylor li

Government of my determination to execute the law of the United States
and to maintain the faith of treaties with all nations. The correspond-
ence which ensued between the Department of State and the minister
of the German Empire is herewith laid before you. The execution of
the law and the observance of the treaty were deemed by me to be due
to the honor of the country, as well as to the sacred obligations of the Con-
stitution. I shall not fail to pursue the same course should a similar
case arise with any other nation. Having avowed the opinion on tak-
ing the oath of office that in disputes between conflicting foreign govern-
ments it is our interest not less than our duty to remain strictly neutral,
I shall not abandon it. You will perceive from the correspondence sub-
mitted to you in connection with this subject that the course adopted in
this case has been properly regarded by the belligerent powers interested
in the matter.

Although a minister of the United States to the German Empire was
appointed by my predecessor in August, 1848, and has for a long time
been in attendance at Frankfort-on- the- Main, and although a minister
appointed to represent that Empire was received and accredited here, yet
no such government as that of the German Empire has been definitively
constituted. Mr. Donelson, our representative at Frankfort, remained
there several months in the expectation that a union of the German
States under one constitution or form of government might at length be
organized. It is believed by those well acquainted with the existing
relations between Prussia and the States of Germany that no such union
can be permanently established without her cooperation. In the event
of the formation of such a union and the organization of a central power
in Germany of which she should form a part, it would become neces-
sary to withdraw our minister at Berlin; Init while Prussia exists as an
independent kingdom and diplomatic relations are maintained with her
there can be no neces,sity for the continuance of the mission to Frank-
fort. I have therefore recalled Mr. Donelson and directed the archives
of the legation at Frankfort to l)e transferred to the American legation
at Berlin.

Having l)een apprised that a consideral)le numl>er of adventurt-rs were
engaged in fitting out a military expedition within the United States
against a foreign country-, and l^elieving from the Ixrst infornuition I
could obtain that it was destined to invade the island of Cu])a. I deemed
it due to the friendly relations existing Ixitween the ITnited vStatcs and
Spain, to the treat)' l)etween the two nations, to the laws <>f the Unite<l
States, and, above all, to the American honor to exert tlie lawful author-
ity of this Government in .suppressing the ex|)editi()n and jmcvi iiting
the inva.sion. To this end I issued a pr(x:lamation enjoining it ui><)u the
officers of the United States, civil and militan.-, to use all lawful means
within their power. A copy of that proclamation is herewith submitted.
The expedition has been suppressed. So long as the act t>f Congress of

12 Messages and Papers of the Presidents

the 2oth of April, 1818, which owes its existence to the law of nations
and to the policy of Washington himself, shall remain on our statute
books, I hold it to be the duty of the Executive faithfully to obey its
injunctions.

While this expedition was in progress I was informed that a foreigner
who claimed our protection had been clandestinely and, as was supposed,
forcibly carried off in a vessel from New Orleans to the island of Cuba.
I immediately caused such steps to be taken as I thought necessary, in
case the information I had received should prove correct, to vindicate
the honor of the countr)^ and the right of every person seeking an asylum
on our soil to the protection of our laws. The person alleged to have
been abducted was promptly restored, and the circumstances of the case
are now about to undergo investigation before a judicial tribunal. I
would respectfully suggest that although the crime charged to have
been committed in this case is held odious, as being in conflict with our
opinions on the subject of national sovereignty and personal freedom,
there is no prohibition of it or punishment for it provided in any act of
Congress. The expediencj^ of supplying this defect in our criminal code
is therefore recommended to 5' our consideration.

I have scrupulously avoided any interference in the wars and conten-
tions which have recently distracted Europe. During the late conflict
between Austria and Hungary there seemed to be a prospect that the
latter might become an independent nation. However faint that pros-
pect at the time appeared, I thought it my duty, in accordance with the
general sentiment of the American people, who deeply sympathized with
the Mag3^ar patriots, to stand prepared, upon the contingency^ of the
establishment by her of a permanent government, to be the first to wel-
come independent Hungary- into the family of nations. For this purpose
I invested an agent then in Europe with power to declare our willing-
ness promptly to recognize her independence in the event of her ability
to sustain it. The powerful intervention of Russia in the contest extin-
guished the hopes of the struggling Magj^ars. The United States did
not at any time interfere in the contest, but the feelings of the nation
were strongly enlisted in the cause, and by the sufferings of a brave
people, who had made a gallant, though unsuccessful, effort to be free.

Our claims upon Portugal have been during the past year prosecuted
with renewed vigor, and it has been my object to employ every effort
of honorable diplomacy to procure their adjustment. Our late charge
d'affaires at Lisbon, the Hon. George W. Hopkins, made able and ener-
getic, but unsuccessful, efforts to settle these unpleasant matters of contro-
versy and to obtain indemnity for the wrongs which were the subjects of
complaint. Our present charge d'affaires at that Court will also bring to
the prosecution of these claims ability and zeal. The revolutionary' and
distracted condition of Portugal in past times has been represented as one
of the leading causes of her delay in indemnifying our suffering citizens.

Zachary Taylor 13

But I must now say it is matter of profound regret that these claims have
not yet been settled. The omission of Portugal to do justice to the Ameri-
can claimants has now assumed a character so grave and serious that I
shall shortly make it the subject of a special message to Congress, with a
view to such ultimate action as its wisdom and patriotism may suggest.

With Russia, Austria, Prussia, Sweden, Denmark, Belgium, the Neth-
erlands, and the Italian States we still maintain our accustomed amicable
relations.

During the recent revolutions in the Papal States our charge d'affaires
at Rome has been unable to present his letter of credence, which, indeed,
he was directed by my predecessor to withhold until he should receive
further orders. Such was the unsettled condition of things in those
States that it was not deemed expedient to give him any instructions on
the subject of presenting his credential letter different from those with
which he had been furnished by the late Administration until the 25th
of June last, when, in consequence of the want of accurate information of
the exact state of things at that distance from us, he was instructed to
exercise his own discretion in presenting himself to the then existing Gov-
ernment if in his judgment sufficiently stable, or, if not, to await further
events. Since that period Rome has undergone another revolution, and
he abides the establishment of a government sufficiently permanent to
justify him in opening diplomatic intercourse with it.

With the Republic of Mexico it is our true policy to cultivate the most
friendly relations. Since the ratification of the treaty of Guadalupe
Hidalgo nothing has occurred of a serious character to disturb them. A
faithful observance of the treaty and a sincere respect for her rights can
not fail to secure the lasting confidence and friendship of that Repub-
lic. The message of my predecessor to the House of Representatives of
the 8th of Februar>^ last, communicating, in compliance with a resolution
of that body, a copy of a paper called a protocol, signed at Queretaro on
the 30th of May, 1848, by the commissioners of the ITnited States and
the minister of foreign affairs of the Mexican Govennnent, having l^een
a subject of correspondence between the Department of State and the
envoy extraordinary and minister plenipotentiary of that Republic accred-
ited to this Government, a transcript of that correspondence is hercwitli
submitted.

The commissioner on the part of the United States for marking the
boundary between the two Republics, though delayed in reaching San
Diego by unforeseen obstacles, arrived at that place within a short iK'riod
after the time required by the treaty, and was there joined by the com-
missioner on the part of Mexico. They entered ujx)n their duties, and at
the date of the latest intelligence from that (juarter some progress had be>.-n
made in the survey. The expenses incident to the organization of tlie
commission and to its conveyance to the ])oint where its operations were
to begin have so nuicli reduced the fund appropriated by Congress that

14 Messages and Papers of the Presidents

a further sum, to cover the charges which must be incurred during the
present fiscal )■ ear, will l)e necessary. The great length of frontier along
which the boundary' extends, the nature of the adjacent territory, and the
difficulty of obtaining supplies except at or near the extremes of the hns
render it also indispensable that a lil^eral provision should be made to
meet the necessary charges during the fiscal year ending on the 30th of
June, 1 85 1. I accordingly recommend this subject to your attention.

In the adjustment of the claims of American citizens on Mexico, pro-
vided for by the late treaty, the emplojanent of counsel on the part of the
Government may become important for the purpose of assisting the com-
missioners in protecting the interests of the United States. I recommend
this subject to the earl)' and favorable consideration of Congress.

Complaints have l^een made in regard to the inefficiency of the means
provided by the Government of New Granada for transporting the United
States mail across the Isthmus of Panama, pursuant to our postal conven-
tion with that Republic of the 6tli of March, 1844. Our charge d'affaires
at Bogota has been directed to make such representations to the Govern-
ment of New Granada as will, it is hoped, lead to a prompt removal of
this cause of complaint.

The sanguinary civil war with which the Republic of Venezuela has for
some time past been ravaged has been brought to a close. In its prog-
ress the rights of some of our citizens resident or trading there have
been violated. The restoration of order will afford the Venezuelan Gov-
ernment an opportunity to examine and redress these grievances and
others of longer standing which our representatives at Caracas have
hitherto ineffectually urged upon the attention of that Government.

The extension of the coast of the United States on the Pacific and the
unexampled rapidity with which the inhabitants of California especially
are increasing in numbers have imparted new consequence to our rela-
tions with the other countries whose territories border upon that ocean.
It is probable that the intercourse between those countries and our pos-
sessions in that quarter, particularly with the Republic of Chili, will
become extensive and mutually advantageous in proportion as California
and Oregon shall increase in population and wealth. It is desirable,
therefore, that this Government should do everything in its power to fos-
ter and strengthen its relations with those States, and that the spirit of
amity between us should be mutual and cordial.

I recommend the observance of the same course toward all other Amer-
ican States. The United States stand as the great American power, to
which, as their natural ally and friend, they will always be disposed first
to look for mediation and assistance in the event of any collision between
them and any European nation. As such we may often kindly mediate
in their behalf without entangling ourselves in foreign wars or unneces-
sary controversies. Whenever the faith of our treaties with any of them
shall require our interference, we must necessarily interpose.

Zachary Taylor 15

A convention has been negotiated with Brazil providing for the satis-
faction of American claims on that Government, and it will be submitted
to the Senate. Since the last session of Congress we have received an
envoy extraordinary and minister plenipotentiary from that Empire, and
our relations with it are founded upon the most amicable understanding.

Your attention is earnestly invited to an amendment of our existing
laws relating to the African slave trade with a view to the effectual sup-
pression of that barbarous trafiSc. It is not to be denied that this trade
is still in part carried on by means of vessels built in the United States
and owned or navigated by some of our citizens. The correspondence
between the Department of State and the minister and consul of the
United States at Rio de Janeiro, which has from time to time been laid
before Congress, represents that it is a customary device to evade the
penalties of our laws by means of sea letters. Vessels sold in Brazil,
when provided with such papers by the consul, instead of returning to
the United States for a new register proceed at once to the coast of
Africa for the purpose of obtaining cargoes of slaves. Much additional
information of the same character has recently been transmitted to the
Department of State. It has not been considered the policy- of our laws
to subject an American citizen who in a foreign country purchases a
vessel built in the United States to the inconvenience of sending her
home for a new register before permitting her to proceed on a voyage.
Any alteration of the laws which might have a tendency to impede the
free transfer of property in vessels between our citizens, or the free navi-
gation of those vessels between different parts of the world when em-
ployed in lawful commerce, should be well and cautiously considered;
but I trust that your wisdom will devise a method by whicli our general
policy in this re.spect may be preserv^ed, and at the same time the abuse
of our flag by means of sea letters, in the manner indicated, may be
prevented.

Having a.scertained that there is no prospect of the reunion of the five
States of Central America which formerly compo.sed the Republic of
that name, we have separately negotiated with some of them treaties
of amity and commerce, which will be laid lx;fore the Senate.

A contract having l)een concluded with the »State of Nicaragua by a
company composed of American citizens for the purpose of constructing
a ship canal through the territory of that State to connect the Atlantic
and Pacific oceans, I have directed the negotiation of a treaty with Nica-
ragua pledging ])oth Governments to protect those who shall engage in
and perfect the work. All other nations are invited by the State of
Nicaragua to enter into the same treaty .stipulations with her; and the
benefit to be derived by each from such an arrangement will be the pro-
tection of this great interoceanic connniniication against any ]x)wer which
might .seek to obstruct it or to monojxilize its advantages. All States
entering into such a treaty will enjoy the right of pas.sage through the

i6 Messages and Papers of the Presidents

canal on payment of the same tolls. The work, if constructed under
these guaranties, will become a bond of peace instead of a subject of
contention and strife between the nations of the earth. Should the
great maritime States of Europe consent to this arrangement (and we
have no reason to suppose that a proposition so fair and honorable will
be opposed b}- any), the energies of their people and ours will cooperate
in promoting the success of the enterprise. I do not recommend any
appropriation from the National Treasury for this purpose, nor do I
believe that such an appropriation is necessary. Private enterprise, if
properly protected, will complete the work should it prove to be feasi-
ble. The parties who have procured the charter from Nicaragua for its
construction desire no assistance from this Government beyond its pro-
tection; and they profess that, having examined the proposed line of
communication, they will be ready to commence the undertaking when-
ever that protection shall be extended to them. Should there appear to
be reason, on examining the whole evidence, to entertain a serious doubt
of the practicability of constructing such a canal, that doubt could be
speedily solved by an actual exploration of the route.

Should such a work be constructed under the common protection of
all nations, for equal benefits to all, it would be neither just nor expedi-
ent that any great maritime state should command the communication.
The territory through which the canal may be opened ought to l^e freed
from the claims of any foreign power. No such power should occupy a
position that would enable it hereafter to exercise so controlling an influ-
ence over the commerce of the world or to obstruct a highway which
ought to be dedicated to the common uses of mankind.

The routes across the Isthmus at Tehuantepec and Panama are also
worthy of our serious consideration. They did not fail to engage the
attention of my predecessor. The negotiator of the treaty of Guadalupe
Hidalgo was instructed to offer a very large sum of money for the right
of transit across the Isthmus of Tehuantepec. The Mexican Govern-
ment did not accede to the proposition for the purchase of the right of
way, probably because it had already contracted with private individuals
for the construction of a passage from the Guasacualco River to Tehuan-
tepec. I shall not renew any proposition to purchase for money a right
which ought to be equally secured to all nations on payment of a rea-
sonable toll to the owners of the improvement, who would doubtless be
well contented with that compensation and the guaranties of the mari-
time states of the world in separate treaties negotiated with Mexico,
binding her and them to protect those who should construct the work.
Such guaranties would do more to secure the completion of the commu-
nication through the territory of Mexico than any other reasonable con-
sideration that could be offered; and as Mexico herself would be the
greatest gainer by the opening of this communication between the Gulf
and the Pacific Ocean, it is presumed that she would not hesitate to jield

Zachary Taylor 17

her aid in the manner proposed to accomplish an improvement so impor-
tant to her own best interests.

We have reason to hope that the proposed railroad across the Isthmus
at Panama will be successfully constructed under the protection of the
late treaty with New Granada, ratified and exchanged by my predecessor
on the loth day of June, 1848, which guarantees the perfect neutrality
of the Isthmus and the rights of sovereignty and property of New Gra-
nada over that territory-, "with a view that the free transit from ocean
to ocean may not be interrupted or embarrassed" during the existence
of the treaty. It is our policy to encourage every practicable route across
the isthmus which connects North and South America, either by railroad
or canal, which the energy and enterprise of our citizens may induce them
to complete, and I consider it obligatory upon me to adopt that policy,
especially in consequence of the absolute necessity of facilitating inter-
course with our possessions on the Pacific.

The position of the Sandwich Islands with reference to the territory
of the United States on the Pacific, the success of our persevering and
benevolent citizens who have repaired to that remote quarter in Chris-
tianizing the natives and inducing them to adopt a system of government
and laws suited to their capacity and wants, and the use made by our
numerous whale ships of the harbors of the islands as places of resort for
obtaining refreshments and repairs all combine to render their destiny
peculiarly interesting to us. It is our duty to encourage the authorities
of those islands in their efforts to improve and elevate the moral and
political condition of the inhabitants; and we should make reasonable
allowances for the difficulties inseparable from this task. We desire that
the islands may maintain their independence and that other nations
should concur with us in this sentiment. We could in no event be in-
different to their passing under the dominion of any other power. The
principal conunercial states have in this a common interest, and it is to
be hoped that no one of them will attempt to interix)se obstacles to the
entire independence of the islands.

The receipts into the Treasury for the fi.scal year ending on the 30th of
Jiuie last were, in ca.sh, $48,830,097.50, and in Treasury notes funded
$10,833,000, making an aggregate of $59,663,097.50; and the expendi-
tures for the same time were, in cash, $46,798,667.82, and in Treasury
notes funded $10,833,000, making an aggregate of $57,631,667.82.

The accounts and estimates which will be submitted to Congress in the
rejKirt of the Secretary of the Treasury .show that there will probably I Hi
a deficit occasioned by the expenses of the Mexican War and treaty on
the i.st day of July next of $5,828,121.66, and on the ist day of July,
1851, of $10,547,092.73, making in the whole a probable deficit to be pro-
vided for of $16,375,214.39. The extraordinary ex])enses of the war
with Mexico and the purchase of California and New Mexico exceed
in amount this deficit, together with the loans herelot'ore made for those
M P— vol, v — 2

i8 Messages and Papers of the Presidents

objects. I therefore recommend that authority be given to borrow what-
ever sum may be necessary to cover that deficit. I recommend the observ-
ance of strict economy in the appropriation and expenditure of pubhc
money.

I recommend a revision of the existing tariff and its adjustment on a
basis which may augment the revenue. I do not doubt the right or duty
of Congress to encourage domestic industry, which is the great source of
national as well as individual wealth and prosperity. I look to the wis-
dom and patriotism of Congress for the adoption of a system which may
place home labor at last on a sure and permanent footing and by due
encouragement of manufactures give a new and increased stimulus to
agriculture and promote the development of our vast resources and the
extension of our commerce. Believing that to the attainment of these
ends, as well as the necessary augmentation of the revenue and the pre-
vention of frauds, a system of specific duties is best adapted, I strongly
recommend to Congress the adoption of that system, fixing the duties at
rates high enough to afford substantial and sufficient encouragement to
our own industry and at the same time so adjusted as to insure stability.

The question of the continuance of the subtreasury system is respect-
fully submitted to the wisdom of Congress. If continued, important
modifications of it appear to be indispensable.

For further details and views on the above and other matters connected
with commerce, the finances, and revenue I refer to the report of the
Secretar>' of the Treasury.

No direct aid has been given b5' the General Government to the im-
provement of agriculture except by the expenditure of small sums for
the collection and publication of agricultural statistics and for some
chemical analyses, which have been thus far paid for out of the patent
fund. This aid is, in vay opinion, wholly inadequate. To give to this
leading branch of American industry the encouragement which it merits,
I respectfully recommend the estabUshment of an agricultural bureau,
to be connected with the Department of the Interior. To elevate the
social condition of the agriculturist, to increase his prosperity, and to
extend his means of usefulness to his country, by multiplying his sources
of information, should be the study of every statesman and a primary
object with every legislator.

No civil government having been provided b3' Congress for California,
the people of that Territory-, impelled by the necessities of their polit-
ical condition, recently met in convention for the purpose of fonning
a constitution and State government, which the latest advices give me
reason to suppose has been accomplished; and it is believed they will
shortly apply for the admission of California into the Union as a sover-
eign State. Should such be the case, and should their constitution be
conformable to the requisitions of the Constitution of the United States,
I recommend their application to the favorable consideration of Congress.

Zachary Taylor 19

The people of New Mexico will also, it is believed, at no vety distant
period present themselves for admission into the Union. Preparator>' to
the admission of California and New Mexico the people of each will have
instituted for themselves a republican form of government, "laying its
foundation in such principles and organizing its powers in such form
as to them shall seem most likely to effect their safety and happiness. ' '
By awaiting their action all causes of uneasiness may be avoided and
confidence and kind feeling preserved. With a view of maintaining
the harmony and tranquillity so dear to all, we should abstain from the
introduction of those exciting topics of a sectional character which
have liitherto produced painful apprehensions in the public mind; and I
repeat the solemn warning of the first and most illustrious of my pred-
ecessors against furnishing ' ' any ground for characterizing parties by
geographical discriminations. ' '

A collector has been appointed at San Francisco under the act of Con-
gress extending the revenue laws over California, and measures have
been taken to organize the custom-houses at that and the other ports
mentioned in that act at the earliest period practicable. The collector
proceeded overland, and advices have not yet been received of his arrival
at San Francisco. Meanwhile, it is understood that the customs have
continued to be collected there by ofiicers acting under the military
authority, as they were during the Administration of my predecessor.
It will, I think, Ijc expedient to confirm the collections thus made, and
direct the avails (after such allowances as Congress may think fit to
authorize) to be expended within the Territory or to be paid into the
Treasury for the purpose of meeting appropriations for the improvement
of its rivers and harbors.

A party engaged on the coast survey was dispatched to Oregon in Jan-
uary last. According to the latest advices, they had not left California;
and directions have been given to them, as .soon as they .shall have fixed
on the sites of the two light-hou.ses and the buoys authorized to be con-
structed and placed in Oregon, to proceed without dekiN- to make recou-
noissances of the most important jx^ints on the coast of California, and
especially to examine and determine on sites for light-houses on that
coast, the .sj:)eedy erection of which is urgently demanded b>- our rapidly
increasing connnerce.

I have transferred the Indian agencies from upper Missouri and Council
Bluffs to Santa Fe and Salt Lake, and have caused to be apjxjinted sub-
agents in the valleys of the Gila, the Sacramento, and the San Joaquin
rivers. Still further legal provisions will be necessary for the effective
and successful extension of our system of Indian intercourse over the
new territories.

I reccmimend the establishment of a branch mint in California, as it
will, in my opinion, afford important facilities to those engaged in min-
ing, as well as to the Government in the di.sposition of the mineral lands.

20 Messages and Papers of the Presidents

I also recommend that commissions be organized by Congress to ex-
amine and decide upon the validity of the present subsisting land titles
in California and New Mexico, and that provision be made for the estab-
lishment of offices of surveyor-general in New Mexico, California, and
Oregon and for the surveying and bringing into market the public lands
in those Territories. Those lands, remote in position and difficult of
access, ought to be disposed of on terms liberal to all, but especially
favorable to the early emigrants.

In order that the situation and character of the principal mineral de-
posits in California may be ascertained, I recommend that a geological
and mineralogical exploration be connected with the linear surveys, and
that the mineral lands be divided into small lots suitable for mining and
be disposed of by sale or lease, so as to give our citizens an opportunity
of procuring a permanent right of property in the soil. This would seem
to be as important to the success of mining as of agricultural pursuits.

The great mineral wealth of California and the advantages which its
ports and harbors and those of Oregon afford to commerce, especially with
the islands of the Pacific and Indian oceans and the populous regions of
eastern Asia, make it certain that there will arise in a few years large and
prosperous communities on our western coast. It therefore becomes im-
portant that a line of communication, the best and most expeditious which
the nature of the country will admit, should be opened within the terri-
tory of the United States from the navigable waters of the Atlantic or the
Gulf of Mexico to the Pacific. Opinion, as elicited and expressed by two
large and respectable conventions lately assembled at St. Louis and Mem-
phis, points to a railroad as that which, if practicable, will best meet the
wishes and wants of the country. But while this, if in successful opera-
tion, would be a work of great national importance and of a value to the
country which it would be difficult to estimate, it ought also to be regarded
as an undertaking of vast magnitude and expense, and one which must,
if it be indeed practicable, encounter many difficulties in its construction
and use. Therefore, to avoid failure and disappointment; to enable Con-
gress to judge whether in the condition of the country through which it
must pass the work be feasible, and, if it be found so, whether it should
be undertaken as a national improvement or left to individual enterprise,
and in the latter alternative what aid, if any, ought to be extended to it by
the Government, I recommend as a preliminary measure a careful recon-
noissance of the several proposed routes by a scientific corps and a report
as to the practicability of making such a road, with an estimate of the
cost of its construction and support.

For further views on these and other matters connected with the duties
of the home department I refer you to the report of the Secretary of the
Interior.

I recommend early appropriations for continuing the river and harbor
improvements which have been already begun, and also for the construe-

Zachary Taylor 2i

tion of those for which estimates have been made, as well as for exami-
nations and estimates preparatorj^ to the commencement of such others
as the wants of the country, and especially the advance of our popula-
tion over new districts and the extension of commerce, may render neces-
sary. An estimate of the amount which can be advantageously expended
within the next fiscal year under the direction of the Bureau of Topo-
graphical Engineers accompanies the report of the Secretary of War, to
which I respectfully invite the attention of Congress.

The cession of territory made by the late treaty with Mexico has
greatly extended our exposed frontier and rendered its defense more
difiicult. That treaty has also brought us under obligations to Mexico,
to comply with which a military force is requisite. But our military
establishment is not materially changed as to its efficiency from the con-
dition in which it stood before the commencement of the Mexican War.
Some addition to it will therefore be necessary, and I recommend to the
favorable consideration of Congress an increase of the several corps of
the Army at our distant Western posts, as proposed in the accompany-
ing report of the Secretary of War.

Great embarrassment has resulted from the effect upon rank in the
Army heretofore given to brevet and staff commissions. The views of
the Secretary of War on this subject are deemed important, and if carried
into effect will, it is l^elieved, promote the harmony of the ser\nce. The
plan proposed for retiring disabled officers and providing an asylum for
such of the rank and file as from age, wounds, and other infirmities occa-
sioned by service have l)ecome unfit to perform their respective duties
is recommended as a means of increasing the efficiency of the Army and
as an act of justice due from a grateful country to the faithful soldier.

The accompanying report of the Secretary of the Navy presents a full
and satisfactory account of the condition and operations of the naval
service during the past year. Our citizens engaged in the legitimate
pursuits of conmierce have enjoyed its benefits. Wherever our national
vessels have gone they have been received with respect, our officers have
been treated with kindness and courtesy, and they have on all occasions
pursued a cour.se of .strict neutrality, in accordance with the jxilicy of our
Government.

The naval force at present in commission is as large as is admissible
with the numl)er of men authoriz.cd by Congress to Ix? enii)loyed.

I invite your attention to the reconnnendation of the Secretary of the
Navy on the subject of a reorganization of the Navy in its various grades
of officers, and the establishing of a retired list for such of the officers as
are disqualified for active and effective ser\'ice. Should Congress a<U)]>t
some .such mea.sure as is reconnnended, it will greatly increase the effi-
ciency of the Navy and reduce its expenditures.

I also ask your attention to the views expres.se(l by him in reference to
the employment of war steamers and in regard to the contracts for the

22 Messages and Papers of the Presidents

transportation of the United States mails and the operation of the s^-stem
upon the prosperity of the Navy.

By an act of Congress passed August 14, 1848, provision was made for
extending post-office and mail accommodations to California and Oregon.
Exertions have been made to execute that law, l^ut the limited provi-
sions of the act, the inadequacy of the means it authorizes, the ill adap-
tation of our post-oflfice laws to the situation of that country, and the
measure of compensation for services allowed by those laws, compared
with the prices of labor and rents in California, render those exertions
in a great degree ineffectual. More particular and efficient provision by
law is required on this subject.

The act of 1845 reducing postage has now, by its operation during
four years, produced results fully showing that the income from such
reduced postage is sufficient to sustain the whole expense of the service
of the Post-Office Department, not including the cost of transportation in
mail steamers on the lines from New York to Chagres and from Panama
to Astoria, which have not been considered by Congress as properl}' be-
longing to the mail ser\dce.

It is submitted to the wisdom of Congress whether a further reduction
of postage should not now be made, more particularly on the letter cor-
respondence. This should be relieved from the unjust burden of trans-
porting and delivering the franked matter of Congress, for which public
servace provision should be made from the Treasury. I confidentl}^
believe that a change maj' safely be made reducing all single-letter
postage to the uniform rate of 5 cents, regardless of distance, without
thereby imposing any greater tax on the Treasury than would constitute
a very moderate compensation for this public service; and I therefore
respectfully recommend such a reduction. Should Congress prefer to
abolish the franking privilege entirelj^ it seems probable that no demand
on the Treasury would result from the proposed reduction of postage.
Whether any further diminution should now l^e made, or the result of
the reduction to 5 cents, which I have recommended, should be first
tested, is submitted to your decision.

Since the commencement of the last session of Congress a postal treat}'
with Great Britain has been received and ratified, and such relations have
been formed by the post-oflSce departments of the two countries in pur-
suance of that treaty as to carry its provisions into full operation. The
attempt to extend this same arrangement through England to France
has not been equally successful, but the purpose has not been abandoned.

For a particular statement of the condition of the Post-Office Depart-
ment and other matters connected with that branch of the public servnce
I refer you to the report of the Postmaster-General.

By the act of the 3d of March, 1849, a board was constituted to make
arrangements for taking the Seventh Census, composed of the Secretary
of State, the Attorney-General, and the Postmaster- General; and it was

Zachary Taylor 23

made the duty of this board ' ' to prepare and cause to be printed such
forms and schedules as might be necessary for the full enumeration of
the inhabitants of the United States, and also proper fonns and sched-
ules for collecting in statistical tables, under proper heads, such infor-
mation as to mines, agriculture, commerce, manufactures, education, and
other topics as would exhibit a full view of the pursuits, industry, edu-
cation, and resources of the country." The duties enjoined upon the
census board thus established having been performed, it now rests with
Congress to enact a law for carrying into effect the provision of the Con-
stitution which requires an actual enumeration of the people of the United
States within the ensuing year.

Among the duties assigned by the Constitution to the General Gov-
ernment is one of local and limited application, but not on that account
the less obligatory. I allude to the trust committed to Congress as the
exclusive legislator and sole guardian of the interests of the District of
Columbia. I beg to commend these interests to your kind attention.
As the national metropolis the city of Washington mu.st be an object of
general interest; and founded, as it was, under the auspices of him whose
immortal name it bears, its claims to the fostering care of Congress pre-
sent themselves with additional strength. Whatever can contribute to
its prosperity must enlist the feelings of its constitutional guardians and
command their favorable consideration.

Our Government is one of limited powers, and its successful adminis-
tration eminently depends on the confinement of each of its coordinate
branches within its own appropriate sphere. The first section of the
Constitution ordains that —

All legislative powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of Representatives.

The Executive has authority to recommend (not to dictate) measures
to Congress. Having |Xirformed that duty, the executive department of
the Government can not rightfully control the decision of Congress on
any subject of legislation luitil that decision shall have been officially
submitted to the President for approval. The check provided by the
Constitution in the clause conferring the qualified veto will never l)e
exercised !)y me except in the cases contemplated by the fathers of the
Republic. I view it as an extreme mea.sure, to ho. resorted to only in
extraordinary cases, as where it may Ixicome necessary to defend the ex-
ecutive against the encroachments of the legislative power or to prevent
ha.sty and inconsiderate or iniconstitutional legislation. By cautiously
confining tliis remedy within the sphere prescril)ed to it in the cotenipo-
raneous expositions of the franiers of the Constitution, the will of the
people, legitimately expressed on all subjects of legislation through their
constitutional organs, the Senators and Representatives of the United
States, will have its full effect. As indispensable to the preservation

24 Messages and Papers of the Presidents

of our system of self-government, the independence of the representa-
tives of the States and the people is guaranteed by the Constitution,
and they owe no responsibility to any human power but their constitu-
ents. B}' holding the representative responsible only to the people, and
exempting him from all other influences, we elevate the character of the
constituent and quicken his sense of responsibility to his country. It
is under these circumstances only that the elector can feel that in the
choice of the lawmaker he is himself truly a component part of the sov-
ereign power of the nation. With equal care we should study to defend
the rights of the executive and judicial departments. Our Government
can only be preserved in its purity by the suppression and entire elimina-
tion of every claim or tendency of one coordinate branch to encroach-
ment upon another. With the strict observance of this rule and the
other injunctions of the Constitution, with a sedulous inculcation of that
respect and love for the Union of the States which our fathers cherished
and enjoined upon their children, and with the aid of that overruling
Providence which has so long and so kindly guarded our liberties and
institutions, we may reasonably expect to transmit them, with their innu-
merable blessings, to the remotest posterity.

But attachment to the Union of the States should be habitually fos-
tered in every American heart. For more than half a centur>^, during
which kingdoms and empires have fallen, this Union has stood unshaken.
The patriots who formed it have long since descended to the grave; yet
still it remains, the proudest monument to their memory and the object
of affection and admiration with ever3"one worth}' to bear the American
name. In my judgment its dissolution would be the greatest of calami-
ties, and to avert that should be the study of every American. Upon
its presentation must depend our own happiness and that of countless
generations to come. Whatever dangers may threaten it, I shall stand
by it and maintain it in its integrity to the full extent of the obligations
imposed and the powers conferred upon me by the Constitution.

Z. TAYI^OR.

SPECIAL MKSSAGEvS.

WAvShington, December ij, 184.^.
To the Sejiate of the United States:

I transmit to the Senate, for its consideration with a view to ratification,
a convention between the United States and His Majesty the Emperor of
Brazil, signed at Rio de Janeiro on the 27th of January last, providing for
the adjustment of claims of citizens of the United States on the Brazilian
Government. A copy of a dispatch from Mr. Tod, the United States
minister at Rio de Janeiro, relative to the convention is also herewith

Zachary Taylor 25

communicated. As it is understood that the Emperor's ratification is
ready to be exchanged for that of the United States, and as the period
limited for the exchange will expire on the 27th of next month, it is desir-
able that the decision of the Senate in regard to the instrument should be
known as soon as may be convenient. „ ^ a VT OR

Washington, December 21, i8^g.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, a treaty between the United States and His Majesty the King
of the Hawaiian Islands, yesterday concluded and signed in this city on
the part of the respective Governments by the Secretary of State of the
United States and by James Jackson Jarves, His Hawaiian Majesty's
special commissioner. „ TAVTOR

Washington, December 2y, 184.9.
To the Senate and House of Representatives. •

In consequence of the unexpected delay in proceeding to business, I
deem it necessary to invite the immediate attention of Congress to so
much of the report of the Secretary of the Treasur>^ as relates to the
appropriations required for the expenses of collecting the revenue for
the second half of the current fiscal year. „ T 4 VT OR

Washington, fanuary /, iS§o.
To the Senate and House of Represetitatives of the United States:

I herewith submit to you copies of a correspondence with the lady of
Sir John Franklin, relative to the well-known expedition under his com-
mand to the arctic regions for the discovery of a northwest passage. On
the receipt of her first letter imploring the aid of the American Govern-
ment in a search for the missing ships engaged in an enterprise which
interested all civilized nations, I anxiously sought the means of affording
that a.ssi.stance, but was prevented from accomplishing the object I had
in view in conseciuence of the want of vessels suitable to encounter the
perils of a proper exploration, the lateness of the season, and the want of
an appropriation l)y Congress to enable me to furnish and etiuiji an effi-
cient Sfjuadron for that object. All that I could do in compliance with a
request which I was deeply anxious to gratify was to cause the adver-
tisements of reward pronnilged by the Hritish Government and the best
information I could obtain as to the means of finding the vessels under
the command of Sir John PVanklin to l)e widely circulated among our
whalers and .seafaring men whose .spirit of eiUerjirise might lead them to
the inhospitable regions where that heroic officer and his brave followers,

26 Messages and Papers of the Presidents

who periled their Hves in the cause of science and for the benefit of the
world, were supposed to 1>e imprisoned among the icebergs or wrecked
upon a desert shore.

Congress being now in se.ssion, the propriety and expediency of an
appropriation for fitting out an expedition to proceed in search of the
missing ships, with their officers and crews, is respectfully submitted to
your consideration. 2 TAYLOR

Executive Office, yizwz^arj/ 14., iS^o.
The President of the Senate of the United States.

Sir: I transmit herewith, to be laid before the Senate for its consti-
tutional action thereon, a treaty concluded with the half-breeds of the
Dacotah or Sioux Indians for lands reserved for them in the treaty of July
15, 1830, with the Sioux and other Indians, with accompanying papers.

Z. TAYLOR.

Washington, /i!zw?^«;7 14, 1850.
To the Senate of the United States:

I herewith transmit reports from the Secretary of State and the Secre-
tary of the Navy, containing the information called for by the resolution
of the Senate of the 7th instant, in relation to the abduction* of Rey,
alias Garcia, from New Orleans. y TAYT OR

Washington, y<2W7/fl!rj/ /^, 18^0. '
To the Senate of the United States:

I transmit to the Senate, for their consideration, a copy of a correspond
ence between the Department of State and the charge d'affaires of Austria
near this Government, on the subject of the convention for the extension
of certain stipulations contained in the treaty of commerce and naviga-
tion of August 27, 1829, between the United vStates and Austria, con-
cluded and signed on the 8th of May, 1848, and submitted to the Senate
on the same day by my predecessor. „ TAYT OR

Washington, ya«?<arj' 2j, 1850.
To the Senate of the United States:

I transmit to the Senate, in answer to a resolution of that body passed
on the 17th instant, the accompanying reports of heads of Departments,
which contain all the official information in the possession of the Execu-
tive asked for by the resolution,

* By the Spanish consul at New Orleans.

Zachary Taylor 27

On coming into office I found the military commandant of the Depart-
ment of Cahfornia exercising the functions of civil governor in that Ter-
ritory', and left, as I was, to act under the treaty of Guadalupe Hidalgo,
without the aid of any legislative provision establishing a government in
that Territor)^ I thought it l)est not to disturb that arrangement, made
under my predecessor, until Congress should take some action on that
subject. I therefore did not interfere with the powers of the military
commandant, who continued to exercise the functions of civil governor
as before; but I made no such appointment, conferred no such authority,
and have allowed no increased compensation to the commandant for his
services.

With a view to the faithful execution of the treaty so far as lay in the
power of the Executive, and to enable Congress to act at the present ses-
sion with as full knowledge and as little difficulty as jxjssible on all mat-
ters of interest in these Territories, I sent the Hon. Thomas Butler King
as bearer of dispatches to California, and certain officers to California and
New Mexico, whose duties are particularly defined in the accompanying
letters of instruction addressed to them severally by the proper Depart-
ments.

I did not hesitate to express to the people of those Territories my desire
that each Territory should, if prepared to comply with the requisitions of
the Constitution of the United States, form a plan of a State constitution
and submit the same to Congress with a prayer for admission into the
Union as a State, but I did not anticipate, suggest, or authorize the estab-
lishment of any such government without the assent of Congress, nor did
I authorize any Government agent or officer to interfere with or exercise
any influence or control over the election of delegates or over any con-
vention in making or modifying their domestic institutions or any of the
provisions of their proposed constitution. On the contrary, the instruc-
tions given by my orders were that all measures of d(^mestic ix:)licy adojited
by the people of California nuist originate solely with themselves; that
while the Executive of the United States was desirous to protect them in
the formation of any government repu1)lican in its character, to l)e at the
proper time .submitted to Congress, yet it was to be distinctly understood
that the plan of such a government must at the same time be the result
of their own delil)erate choice and originate with themselves, without the
interference of the I'^xecutive.

I am unable to give any information as to laws passed by any sup]">osed
government in California or of any census taken in either of the Ter-
ritories mentioned in the resolution, as I have no information on those
subjects.

As already stated, I have not disturl)cd the arrangemcTits which I
found had existed under my predeces.sor.

In advising an early application by the people of these Territories for
admission as States I was actuated principally by an earnest desire to

28 Messages and Papers of the Presidents

afford to the wisdom and patriotism of Congress the opportunity of avoid-
ing occasions of bitter and angry dissensions among the people of the
United States.

Under the Constitution every State has the right of estabhshing and
from time to time altering its municipal laws and domestic institutions
independently of every other State and of the General Government, sub-
ject only to the prohibitions and guaranties expressly set forth in the
Constitution of the United States. The subjects thus left exclusively to
the respective States were not designed or expected to become topics of
national agitation. Still, as under the Constitution Congress has power
to make all needful rules and regulations respecting the Territories of
the United States, every new acquisition of territory has led to discus-
sions on the question whether the system of involuntary servitude which
prevails in many of the States should or should not be prohibited in that
territor>\ The periods of excitement from this cause which have here-
tofore occurred have been safely passed, but during the interval, of what-
ever length, which may elapse before the admission of the Territories
ceded by Mexico as States it appears probable that similar excitement
will prevail to an undue extent.

Under these circumstances I thought, and .still think, that it was my
duty to endeavor to put it in the power of Congress, by the admission of
California and New Mexico as States, to remove all occasion for the un-
neces.sary agitation of the public mind.

It is understood that the people of the western part of California have
formed a plan of a State constitution and will soon submit the same to
the judgment of Congress and apply for admission as a State. This
course on their part, though in accordance with, was not adopted exclu-
sively in consequence of, any expression of m^^ wishes, inasmuch as meas-
ures tending to this end had been promoted by the officers .sent there by
my predecessor, and were already in active progress of execution before
any communication from me reached California. If the proposed con-
stitution shall, when .submitted to Congress, be found to be in compliance
with the requisitions of the Constitution of the United States, I earnestly
recommend that it may receive the sanction of Congress.

The part of California not included in the proposed State of that name
is believed to be uninhabited, except in a settlement of our countrymen
in the vicinity of Salt Lake.

A claim has been advanced by the State of Texas to a very large por-
tion of the mo.st populous district of the Territory commonly designated
by the name of New Mexico. If the people of New Mexico had formed
a plan of a State government for that Territory as ceded by the treaty
of Guadalupe Hidalgo, and had been admitted by Congress as a State,
our Constitution would have afforded the means of obtaining an adjust-
ment of the question of boundary with Texas by a judicial decision. At
present, however, no judicial tribunal has the power of deciding that

Zachary Taylor 29

question, and it remains for Congress to devise some mode for its adjust-
ment. Meanwhile I submit to Congress the question whether it would
be expedient before such adjustment to establish a Territorial govern-
ment, which by including the district so claimed would practically decide
the question adversely to the State of Texas, or by excluding it would
decide it in her favor. In my opinion such a course would not be expedi-
ent, especially as the people of this Territory still enjoy the benefit and pro-
tection of their municipal laws originally derived from Mexico and have
a military force stationed there to protect them against the Indians. It
is undoubtedl}' true that the property, lives, liberties, and religion of the
people of New Mexico are better protected than they ever were before
the treaty of cession.

Should Congress, when California shall present herself for incorpora-
tion into the Union, annex a condition to her admission as a State affect-
ing her domestic institutions contrary to the wishes of her people, and
even compel her temporarily to comply with it, yet the State could change
her constitution at any time after admission when to her it should seem
expedient. Any attempt to denj- to the people of the State the right of
self-government in a matter which peculiarly affects themselves will in-
fallibly be regarded by them as an invasion of their rights, and, upon the
principles laid down in our own Declaration of Independence, they will
certainly be sustained by the great mass of the American })eople. To
assert that they are a conquered people and must as a State submit to the
will of their conquerors in this regard will meet with no cordial response
among American freemen. Great numbers of them are native citizens
of the United States, not inferior to the rest of our countrymen in intelli-
gence and patriotism, and no language of menace to restrain them in the
exercise of an undoubted right, substantially guaranteed to them by the
treaty of ces.sion itself, shall ever Ixi uttered by me or encouraged and
sustained by persons acting under my authority. It is to be expected
that in the residue of the territory ceded to us by Mexico the jMjople
residing there will at the time of their incorporation into the Union as a
State settle all questions of domestic policy to suit themselves.

No material inconvenience will result from the want for a short period
of a government established Ijy Congress over that part of the territory
which lies eastward of the new State of California; and the reasons for
my opinion that New Mexico will at no very distant jK^riod ask for admis-
sion into the Union are founded on uiu)fficial information wliich, I sup-
pose, is common to all who have cared to make inquiries on that sul)ject.

Seeing, then, that the question whicli now excites such jiainful sensa-
tions in the country will in the end certainly Ik? settled l)y the silent
effect of causes independent of the action of Congress, I again submit to
your wisdom the policy reconnnended in my annual mess;igc of awaiting
the salutary operation of those causes, l)clicving that we sliall thus avoid
the creation of geographical parties and secure the harmony of feeling so

30 Messages and Papers of the Presidents

necessary to the beneficial action of our political system. Connected, as
the Union is, with the remembrance of past happiness, the sense of pres-
ent blessings, and the hope of future peace and prosperity, every dictate
of wisdom, every feeling of duty, and every emotion of patriotism tend
to inspire fidelity and devotion to it and admonish us cautiously to avoid
any unnecessary controversy which can either endanger it or impair its
strength, the chief element of which is to be found in the regard and
affection of the people for each other. „ TA VT OR

[A similar message, dated January 21, 1850, was sent to the House of
Representatives, in answer to a resolution of that body.]

Washington, ya7^^^ar)/ 2j, 1850.
To the Scfiaic of the United States:

I transmit to the Senate a copy of the convention between the United
States and His Majesty the Emperor of Brazil, providing for the satisfac-
tion of claims of citizens of the United States against the Brazilian Gov-
ernment, signed at Rio de Janeiro on the 27th of January last, and the
ratifications of which were exchanged in this city on the i8th instant. It
is desirable that Congress should prescribe the mode in which the claims
referred to are to be adjusted and the money stipulated to be paid by
Brazil shall be distributed amongst the claimants. Extracts from dis-
patches of the minister of the United States at Rio de Janeiro and a copy
of a letter from an agent of claimants there are also herewith commu-
nicated, to which 3'our attention is invited. I have authorized our min-
ister to demand, receive, and give acquittances for the amount payable
by Brazil, and have caused him to be instructed to remit the same to
the Treasury of the United States. ^ T-WT OR

[The same message was sent to the House of Representatives.]

Washington, faymary jo, 1850.
To the Senate of the United States:

In reply to the resolution of the Senate of the 7th instant, requesting
of me all the official correspondence since the 4th of March last between
this Government and its military authorities at Santa Fe or with the
authorities of the State of Texas relating to the boundary or occupation
of Texas, and the reasons why the judicial authority of Texas has not
been recognized by the military authority at Santa Fe, I herewith submit
the accompanying reports, which contain the information called for by the
resolution,

I have not been informed of any acts of interference by the military
forces stationed at Santa Fe with the judicial authority of Texas estab-
lished or sought to be established there. I have received no communi-

Za chary Taylor 31

cation from the governor of Texas on any of the matters referred to in
the resolution. And I concur in the opinion expressed by my predeces-
sor in the letter addressed by the late Secretary of State to the governor
of Texas on the 12th day of February, 1847, that the boundary between
the State of Texas and the Territory of New Mexico " is a subject which
more properly belongs to the legislative than to the executive branch
of the Government. ' ' 2 TAYLOR

Washington, February 6, iSjo.
To the Senate of the United States:

In reply to the resolution of the Senate of the 28th ultimo, I have
to state that the resolution of the Senate of the 2d of March, 1849, re-
specting James W. Schaumburg, was in April of that year submitted for
the opinion of the Attorney- General upon questions arising in the case.
No opinion had been given by him when it became necessary, prior to
the meeting of the Senate, to prepare the nominations for promotions
in the Army. The nomination of Lieutenant Ewell was then decided
upon, after due consideration was given to the resolution of the Senate
of the 2d of March, 1849.

I herewith submit a report from the Secretary of War, showing the
grounds upon which the decision above referred to was made.

Z. TAYLOR.

Washington, February ij, iS^o.
To the Seriate of the United States:

I have received a resolution of the Senate of the 28th ultimo, request-
ing the President of the United States ' ' to cause to Ije laid before the
Senate, in open session if in his opinion consistent with the public interest,
otherwise in executiv^e session, copies of all instructions and communica-
tions of the late Secretary of State to our late charge d'affaires to Guate-
mala and all dispatches and communications from said charge d'affaires
to the Department of vState, including any conventions or treaties he may
have concluded with either of the States com]x>sing the late Repul)lic of
Central America; and also all correspondence between our said charge
d'affaires and the Govenunent or representatives of either of said vStates;
and also all instructions and conununications from the present Secretary
of vState to our late charg6 d'affaires or our present charge d'affaires
to either of .said States and all dispatches or comnnniications from our
charge d'affaires to the Department of State, including any conventions
or treaties he may have concluded witli either of .said States; and also
all correspondence l)etween the Department of State and eitlier of .said
charges d'affaires touching the so-called Kingdom of the Moscjuitosand the
right of way from the Atlantic to the Pacific through Lake Nicaragua."

33 Messages and Papers of the Presidents

The information called for by this resolution will be cheerfully com-
municated to the Senate as soon as it shall be found to be compatible
with the public interest. 2 TAYLOR

Washington, Febr^iary ij, iS^o.
To the House of Representatives of the United States:

I have received a resolution of the House of Representatives of the 24th
ultimo, requesting the President of the United States "to communicate
to that body (provided the publication thereof be not prejudicial to the
public interest) all such information as may be within the knowledge of
the executive department relative to the alleged extraordinary proceed-
ings of the English Government in the forcible seizure and occupation of
the island of Tigre, in the State of Nicaragua, Central America; also
all facts, circumstances, or communications within the knowledge of the
Executive relative to any seizure, occupation, or attempted seizure or
occupation, by the English Government of any port, river, town, territory,
or island belonging to or claimed by any of the States of Central America;
also that he be requested to communicate to this House, if not incompat-
ible with the public interest, all treaties not heretofore published which
may have been negotiated with any of the States of Central America by
any person acting by authority from the late Administration or under
the auspices of the present Executive. ' ' The information called for by
this resolution will be cheerfully communicated to the House as soon
as it shall be found compatible with the public interest.

Z. TAYLOR.

Washington, February ij, 1850.
To the Hojise of Representatives of the United States:

I transmit herewith to the House of Representatives, for the informa-
tion of that body, an authenticated copy of the constitution of the State
of California, received by me from General Riley.

Z. TAYLOR.

Washington, February ij, 1850.
To the Senate of the United States:

I transmit herewith to the Senate, for the information of that body, an
authenticated copy of the constitution of California, received by me from
the Hon. William M. Gwyn. „ yavtot^

Washington, March i, 18^0.
To the Senate of the United States:

In reply to the resolution of the Senate of the 12th ultimo, requesting
the President of the United States ' ' to inform the Senate of the amount

Zachary Taylor 33

of prize money paid into the Treasury in conformity with the eighteenth
section of the act of March 3, 1849," etc., I transmit herewith a report
from the Secretary of the Navy, with accompanying documents.

Z. TAYLOR.

Washington, March 4, 1850.
To the Senate and House of Represetitatives of the United States:

I herewith transmit to Congress copies of a recent correspondence
between the Department of State and the British minister at Washing-
ton, relating to subjects* which seem to require the consideration of the
legislative rather than the executive branch of the Government.

Z. TAYLOR.

Washington, March 6, 1850.
To the Senate of the United States:

In answer to the inquiries contained in the resolution of the Senate
of the 4th instant, in relation to the appointment of po.stmasters by the
Postmaster- General, I send to the Senate herewith the letter of the Post-
master-General furnishing the desired information.

Z. TAYLOR.

To the Senate of the United States: ■" > 5 •

The Postmaster- General has this day communicated to me the letter
herewith transmitted, in addition to his communication by me sent to
the Senate on the 6th instant, in relation to the inquiries contained in the
resolution of the Senate as to the appointment of postmasters.

Z. TAYLOR.

Washington, March /^, r8^o.
To the Senate of the United States:

I transmit herewith, for the consideration and ct)nstitutional action of
the Senate, a communication from the Secretary of the Interior, covering
two treaties with Indians of New Mexico, one negotiated with the Navajo
tribe on the 9th of September last by Colonel John Washington, of tlic
Army, and J. S. Calhoun, United States Indian agent at vSaiita Fe, and
the other with the Utah tribe, negotiated by J. S. Calhoun on tlic 13II1
of December last. y m^a yj op

WASHiX(;Tf)N', March /<j. rS^^o.
To the Senate of the I'nitcd States:

I herewith tran.smit to the Senate, for tlieir advice in regard to its rati-
fication, "a general treaty of amity, navigation, and connncrcc" between

• Navigation laws ami tariff on Jtrili>li incxluclioiis,

M P — vol, V— 3

34 Messages and Papers of the Presidents

the United States of America and the State of Nicaragua, concluded at
Ivcon by E. George Squier, charge d'affaires of the United States, on
their part, and Seiior Zepeda, on the part of the Repubhc of Nicaragua.

I also transmit, for the advice of the Senate in regard, to its ratifica-
tion, "a general treaty of amity, navigation, and commerce" negotiated
by Mr. Squier with the Republic of San Salvador.

I also transmit to the Senate a copy of the instructions to and corre-
spondence with the said charge d'affaires relating to those treaties.

I also transmit, for the advice of the Senate in regard to its ratification,
" a general treaty of peace, amity, commerce, and navigation" negotiated
by Elijah Hise, our late charge d'affaires, with the State of Guatemala.

I also transmit, for the information of the Senate, a copy of a treaty
negotiated by Mr. Hise with the Government of Nicaragua on the 21st
of June last, accompanied by copies of his instructions from and corre-
spondence with the Department of State.

On the 12th day of November, 1847, Seiior Buetrago, secretarj^ of state
and of the affairs of war and foreign relations and domestic administra-
tion of the Supreme Government of the State of Nicaragua, addressed a
letter from the Government House at Leon to Mr. Buchanan, then Sec-
retary of State of the United States, asking the friendly offices of this
Government to prevent an attack upon the town of San Juan de Nica-
ragua, then contemplated hy the British authorities as the allies of the
Mosquito King. That letter, a translation of which is herewith sent,
distinctly charges that —

The object of the British in taking this key of the continent is not to protect the
small tribe of the Mosquitos, but to establish their own empire over the Atlantic
extremity of the line, by which a canal connecting the two oceans is most practicable,
insuring to them the preponderance on the American continent, as well as their direct
relations with Asia, the East Indies, and other important countries in the world.

No answer appears to have been returned to this letter.

A communication was received by my predecessor from Don Jose Guer-
rero, President and Supreme Director of the State of Nicaragua, dated the
15th day of December, 1847, expressing his desire to establish relations
of amity and commerce with the United States, a translation of which is
herewith inclosed. In this the President of Nicaragua says:

My desire was carried to the utmost on seeing in your message at the opening of
the Twenty-ninth Congress of A-our Republic a sincere profession of political faith in
all respects conformable with the principles professed by these States, determined,
as they are, to sustain with firmness the continental cause, the rights of Americans in
general, and the noninterference of European powers in their concerns.

This letter announces the critical situation in which Nicaragua was
placed and charges upon the Court of St. James a ' ' well-known design to
establish colonies on the coast of Nicaragua and to render itself master of
the interoceanic canal, for which so many facilities are presented by the
isthmus in that State, ' ' No reply was made to this letter.

Zachary Taylor 35

The British ships of war Alarm and Vixen arrived at San Juan de
Nicaragua on the 8th day of Februar)^ 1848, and on the 12th of that
month the British forces, consisting of 260 officers and men, attacked and
captured the post of Serapaqui, garrisoned, according to the British state-
ments, by about 200 soldiers, after a sharp action of one hour and forty
minutes.

On the 7th day of March, 1848, articles of agreement were concluded
by Captain Locke, on the part of Great Britain, with the commissioners
of the State of Nicaragua in the island of Cuba, in the Lake of Nicaragua,
a copy of which will be found in the correspondence relating to the Mos-
quito Territor>' presented to and published by the House of Commons of
Great Britain on the 3d day of Juh', 1848, herewith submitted. A copy
of the same document will also be found accompanying the note of the
minister for foreign affairs of Nicaragua to the Secretar>- of vState of
the United States under date the 17th March, 1848.

By the third article of the agreement it is provided that Nicaragua
"shall not disturb the inhabitants of San Juan, imderstanding that any
such act will be considered b}' Great Britain as a declaration of open hostil-
ities. ' ' By the sixth article it is provided that these articles of agreement
will not ' ' hinder Nicaragua from soliciting by means of a commissioner
to Her Britannic Majesty a final arrangement of these affairs. ' '

The communication from Seiior Sebastian Salinas, the secretary of for-
eign affairs of the State of Nicaragua, to Mr. Buchanan, the Secretary' of
State of the United States, dated 17th March, 1848, a translation of which
is herewith submitted, recites the aggressions of Great Britain and the
seizure of a part of the Nicaraguan territory in the name of the Mosquito
King. No answer appears to have been given to this letter.

On the 28tli day of October, 1847, Joseph W. Livingston was appointed
by this Govenmient consul of the United States for the port of San Juan
de Nicaragua. On the i6th day of December, 1847, after having received
his exequatur from the Nicaraguan Government, he addressed a letter to
Mr. Buchanan, Secretary of State, acopy of which is herewith submitted,
representing that he had been informed that the Knglisli Government
would take possession of San Juan de Nicaragua in January, 1S48.

In another letter, dated the 8th of April, 1S48, Mr. Livingston states
that ' ' at the request of the minister for foreign affairs of Nicaragua he
transmits a package of papers containing the correspondence relative to
the occupation of the port of San Juan by British forces in the name of the
Moscjuito nation."

On the 3d day of June, 184S, Elijah llise, l)eing appointed charge
d'affaires of the Ignited States to Guatemala, received his instructi(»ns. a
copy of wliich is herewith submitted. Iti these instructions the f(.llo\v-
ing passages occur:

The independence as well as the interests of the nations on this i-ontiiuiit riquin-
that they should maintain the American system of iH)licy entirely distinct from that

36 Messages and Papers of the Presidents

which prevails in Europe. To suffer any interference on the part of the European Gov-
ernments with the domestic concerns of the American Republics and to permit them
to establish new colonies upon this continent would be to jeopard their independence
and to ruin their interests. These truths ought everywhere throughout this conti-
nent to be impressed on the public mind. But what can the United States do to
resist such European interference whilst the Spanish American Republics continue
to weaken themselves by division and civil war and deprive themselves of the ability
of doing anything for their own protection?

This last significant inquiry seems plainly to intimate that the United
States could do nothing to arrest British aggression while the Spanish
American Republics continue to weaken themselves by division and civil
war and deprive themselves of the ability of doing anything for their
protection.

These instructions, which also state the dissolution of the Central
American Republic, formerly composed of the five States of Nicaragua,
Costa Rica, Honduras, San Salvador, and Guatemala, and their continued
separation, authorize Mr. Hise to conclude treaties of commerce with the
Repubhcs of Guatemala and San Salvador, but conclude with saying that
it was not deemed advisable to empower Mr. Hise to conclude a treaty
with either Nicaragua, Honduras, or Costa Rica until more full and sta-
tistical information should have been communicated by him to the Depart-
ment in regard to those States than that which it possesses.

The States of Nicaragua, Costa Rica, and Honduras are the only Cen-
tral American States whose consent or cooperation would in any event be
necessary for the construction of the ship canal contemplated between the
Pacific and Atlantic oceans by the way of Lake Nicaragua.

In pursuance of the sixth article of the agreement of the 7th of March,
1 848 , between the forces of Great Britain and the authorities of Nicaragua,
Sefior Francisco Castillon was appointed commissioner from Nicaragua to
Great Britain, and on the 5th day of November, 1848, while at Washing-
ton on his way to London, addressed a letter to the Secretarj- of State, a
translation of which is herewith submitted, asking this Government to
instruct its minister plenipotentiary residing in. London to sustain the
right of Nicaragua to her territory claimed by Mosquito, and especially to
the port of San Juan, expressing the hope of Nicaragua " that the Gov-
ernment of the Union, firmly adhering to its principle of resisting all for-
eign inter\'ention in America, would not hesitate to order such steps to be
taken as might be effective before things reached a point in which the
intervention of the United States would prove of no avail. ' '

To this letter alsq no answer appears to have been returned, and no
instructions were given to our minister in London in pursuance of the
request contained in it.

On the 3d day of March, 1847, Christopher Hempstead was appointed
consul at Belize, and an application was then made for his exequatur
through our minister in London, Mr. Bancroft. Lord Palmerston referred
Mr. Bancroft's application for an exequatur for Mr. Hempstead to the

Zachary Taylor 37

colonial office. The exequatur was granted, and Mr. Hempstead, in a let-
ter to the Department of State bearing date the 12th day of February,
1848, a copy of which is herewith submitted, acknowledged the receipt
of his exequatur from Her Britannic Majesty, by virtue of which he has
discharged his consular functions. Thus far this Government has recog-
nized the existence of a British colony at Belize, within the territory of
Honduras. I have recalled the consul, and have appointed no one to
supply his place.

On the 26th day of May, 1848, Mr. Hempstead represented in a let-
ter to the Department of State that the Indians had ' ' applied to Her
Majesty's superintendent at Belize for protection, and had desired him
to take possession of the territory which they occupied and take them
under his protection as British subjects;" and he added that in the
event of the success of their application ' ' the British Government would
then have possession of the entire coast from Cape Conte to San Juan
de Nicaragua." In another letter, dated the 29th day of July, 1848, he
wrote:

I have not a doubt but the designs of Her Majesty's officers here and on the Mos-
quito shore are to obtain territory' on this continent.

The receipt of this letter was regularly acknowledged on the 29th day
of August, 1848.

When I came into office I found the British Government in possession
of the port of San Juan, which it had taken by force of arms after we had
taken possession of California and while we were engaged in the negotia-
tion of a treaty for the cession of it , and that no official remonstrance had
been made by this Government against the aggression, nor any attempt
to resist it. Efforts were then being made by certain private citizens of
the United States to procure from the State of Nicaragua by contract the
right to cut the proposed ship canal by the way of the river San Juan
and the lakes of Nicaragua and Managua to Realejo, on the Pacific Ocean.
A company of American citizens entered into such a contract with the
State of Nicaragua. Viewing the canal as a matter of great importance
to the people of the United States, I resolved to adopt the policy of pro-
tecting the work and binding the Government of Nicaragua, through
whose territory it would pass, also to protect it. The instructions to Iv.
George Squier, appointed by me charge d'affaires to Guatemala on the 2d
day of April, 1849, are herewith submitted, as fully indicating the views
which governed me in directing a treaty to be made with Nicaragua. I
considered the interference of the British Govenmient on this continent
in seizing the port of San Juan, which conunanded the route ]>elieved to
be the most eligible for the canal across the Isthmus, and occupying it at
the ver>' moment when it was known, as I ])elieve, to Great Britain that
we were engaged in the negotiation for the purchase of California, as an
unfortunate coincidence, and one calculated to lead to the inference that

38 Messages and Papers of the Presidents

she entertained designs by no means in harmony with the interests of the
United States.

Seeing that Mr. Hise had been positively instructed to make no treaty,
not even a treaty of commerce, with Nicaragua, Costa Rica, or Hon-
duras, I had no suspicion that he would attempt to act in opposition to
his instructions, and in September last I was for the first time informed
that he had actually negotiated two treaties with the State of Nicaragua,
the one a treaty of commerce, the other a treaty for the construction
of the proposed ship canal, which treaties he brought with him on his
return home. He also negotiated a treaty of commerce with Honduras;
and in each of these treaties it is recited that he had full powers for the
purpose. He had no such powers, and the whole proceeding on his part
with reference to those States was not only unauthorized by instructions,
but in opposition to those he had received from my predecessor and after
the date of his letter of recall and the appointment of his successor. But
I have no evidence that Mr. Hise, whose letter of recall (a copy of which
is herewith submitted) bears date the 2d day of May, 1849, had received
that letter on the 21st day of June, when he negotiated the treaty with
Nicaragua. The difficulty of communicating with him was so great that
I have reason to believe he had not received it. He did not acknowl-
edge it.

The twelfth article of the treaty negotiated by Mr. Hise in effect guar-
antees the perfect independence of the State of Nicaragua and her sov-
ereignty over her alleged limits from the Caribbean Sea to the Pacific
Ocean, pledging the naval and military power of the United States to
support it. This treaty authorizes the chartering of a corporation by
this Government to cut a canal outside of the limits of the United States,
and gives to us the exclusive right to fortify and command it. I have
not approved it, nor have I now submitted it for ratification; not merely
because of the facts already mentioned, but because on the 31st day
of December last Sefior Edwardo Carcache, on being accredited to
this Government as charge d'affaires from the vState of Nicaragua,
in a note to the Secretary of State, a translation of which is herewith
sent, declared that he was "only empowered to exchange ratifica-
tions of the treaty concluded with Mr. Squier, and that the special
convention concluded at Guatemala by Mr. Hise, the charge d'affaires
of the United States, and Seiior Selva, the commissioner of Nicaragua,
had been, as was publicly and universally known, disapproved by his
Government. ' '

We have no precedent in our history to justify such a treaty as that
negotiated by Mr. Hise since the guaranties we gave to France of her
American possessions. The treaty negotiated with New Granada on the
12th day of December, 1846, did not guarantee the sovereignty of New
Granada on the whole of her territory, but only over ' ' the single Prov-
ince of the Isthmus of Panama," immediately adjoining the line of the

Zachary Taylor 39

railroad, the neutrality of which was deemed necessary by the President
and Senate to the construction and security of the work.

The thirty-fifth article of the treaty with Nicaragua, negotiated by Mr.
Squier, which is submitted for your advice in regard to its ratification,
distinctly recognizes the rights of sovereignty and property which the
State of Nicaragua possesses in and over the line of the canal therein
provided for. If the Senate doubt on that subject, it will be clearly
wrong to involve us in a controversy with England by adopting the treaty ;
but after the best consideration which I have been able to give to the
subject my own judgment is convinced that the claims of Nicaragua are
just, and that as our commerce and intercourse with the Pacific require
the opening of this communication from ocean to ocean it is our duty to
ourselves to assert their justice.

This treaty is not intended to secure to the United States any monopoly
or exclusive advantage in the use of the canal. Its object is to guarantee
protection to American citizens and others who shall construct the canal,
and to defend it when completed against unjust confiscations or obstruc-
tions, and to deny the advantages of navigation through it to those na-
tions only which shall refuse to enter into the same guaranties. A copy
of the contract of the canal company is herewith transmitted, from which,
as well as from the treaty, it will be perceived that the same benefits are
offered to all nations in the same terms.

The message of my predecessor to the Senate of the loth February,
1847, transmitting for ratification the treaty with New Granada, contains
in general the principles by which I have been actuated in directing the
negotiation with Nicaragua. The only difference between the two cases
consists in this: In that of Nicaragua the British Government has seized
upon part of her territory and was in possession of it when we negotiated
the treaty with her. But that pos.session was taken after our occupation
of California, when the effect of it was to obstruct or control the most
eligible route for a ship communication to the territories acquired by us
on the Pacific. In the case of New Granada, her possession was undis-
turbed at the time of the treaty, though the British pos.session in the riglit
of the Mosquito King was then extended into the territories claimed by
New Granada as far as Boca del Toro. The professed objects of lx)th
the treaties are to open connnunicatiotis across the Isthnuis to all nations
and to invite their guaranties on the same terms. Neither of thetn pro-
lX)ses to guarantee territory to a foreign nation in which the United States
will not have a common interest with that nation. Neither of them con-
.stitutes an alliance for any ^xjlitical object, bnt for a purely connnercial
purpose, in which all the navigating nations of the world have a conunon
interest. Nicaragua, like New Graiuula, is a {xmer which will not excite
the jealou.sy of any nation.

As there is nothing narrow, selfish, illiberal, or exclusive in the views
of the United States as .set forth in this treaty, as it is indisix;nsablc to

40 Messages and Papers of the Presidents

the successful completion of the contemplated canal to secure protection
to it from the local authorities and this Government, and as I have no
doubt that the British pretension to the port of San Juan in right of the
Mosquito King is without just foundation in any public law ev-er before
recognized in any other instance by Americans or Englishmen as appli-
cable to Indian titles on this continent, I shall ratif}^ this treat}' in case
the Senate shall advise that course. Its principal defect is taken from
the treaty wdth New Granada, the negotiator having made it liable to be
abrogated on notice after twenty years. Both treaties should have been
perpetual or limited only by the duration of the improvements they were
intended to protect. The instructions to our charge d'affaires, it will be
seen, prescribe no limitation for the continuance of the treaty with Nica-
ragua. Should the Senate approve of principle of the treaty, an amend-
ment in this respect is deemed advisable; and it will be well to invite by
another amendment the protection of other nations, by expresslj^ offering
them in the treaty what is now offered by implication only — the same
advantages which we propose for ourselves on the same conditions upon
which we shall have acquired them. The policy of this treaty is not
novel, nor does it originate from any suggestion either of my immediate
predecessor or myself. On the 3d day of March, 1835, the following res-
olution, referred to by the late President in his message to the Senate
relative to the treaty with New Granada, was adopted in executive ses-
sion by the Senate without division:

Resolved, That the President of the United States be respectfully requested to
consider the expediency of opening negotiations wnth the Governments of Central
America and New Granada for the purpose of effectually protecting, by suitable
treaty stipulations with them, such individuals or companies as may undertake to
open a communication between the Atlantic and Pacific oceans by the construction
of a ship canal across the isthmus which connects North and South America, and of
securing forever by such stipulations the free and equal rights of navigating such a
canal to all such nations on the payment of such reasonable tolls as may be estab-
lished to compensate the capitalists who may engage in such undertaking and com-
plete the work.

President Jackson accorded wdtli the policy suggested in this resolution,
and in pursuance of it sent Charles Biddle as agent to negotiate with the
Governments of Central America and New Granada. The result is fully
set forth in the report of a select committee of the House of Representa-
tives of the 20th of February, 1849, upon a joint resolution of Congress
to authorize the survey of certain routes for a canal or railroad between
the Atlantic and Pacific oceans. The policy indicated in the resolution
of the 3d March, 1835, then adopted by the President and Senate, is that
now proposed for the consideration and sanction of the Senate. So far
as my knowledge extends, such has ever been the liberal policy of the
leading statesmen of this country, and by no one has it been more ear-
nestly recommended than by my lamented predecessor.

Z. TAYI^OR.

Zachary Taylor 41

Washington, March 26, 1850.
To the Hotcse of Representatives of the United States:

I herewith transmit, for the information of Congress, a copy of the
report* of Thomas Butler King, esq., appointed bearer of dispatches and
special agent to California, made in pursuance of instructions issued from
the Department of State on the 3d day of April last.

Z. TAYLOR.

Washington, March 28, 1850.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 2 2d instant, re-
questing the President of the United States to communicate to that body
a copy of the instructions given to the agent of the United States who was
employed to visit Hungarj- during the recent war between that country
and Austria, and of the correspondence by and with such agent, so far as
the publication of the same may be consistent with the public interest, I
herewith transmit to the Senate a copy of the instructions to A. Dudley
Mann, esq. , relating to Hungary, he having been appointed by me special
agent to that country on the i8th daj^ of June last, together with a copy of
the correspondence with our late charge d'affaires to Austria referred to in
those instructions and of other papers disclosing the policy of this Govern-
ment in reference to Hungary and her people. I also transmit, in compli-
ance with the resolution of the Senate, but in a separate packet, a copy of
the correspondence of Mr. Mann with the Department of State. The lat-
ter I have caused to be marked ''executive'' — the information contained
in it being such as will be found on examination most appropriately to
belong to the Senate in the exercise of its executive functions. The pub-
lication of this correspondence of the agent sent by me to Hungary is a
matter referred entirely to the judgment and discretion of the Senate.

It will be seen by the documents now transmitted that no minister or
agent was accredited by the Government of Hungary to this Government
at any period since I came into office, nor was any communication ever
received by this Government from the minister of foreign affairs of Hun-
gary or any other executiv^e officer authorized to act in her ])ehalf.

My purpose, as freely avowed in this correspondence, was to have
acknowledged the independence of Hungary had .she succeeded in es-
tablishing a government dc facto on a ba.sis sufficientl>- ]>erniatient in its
character to have ju.stified me in doing so according to the usages ami
settled principles of this Government; and although she is now fallen
and many of her gallant patriots are in exile or in chains, 1 am free still
to declare that had she been successful in the niaintenancf of such a
government as we could have recognized we should liave been the first
to welcome her into the family of nations. ,. ,^ . yj ,^j.

*On California affairs.

42 Messages and Papers of the Presidents

Washington, April j, 1850.
To the Senate and House of Representatives of the United States:

I transmit a translation of a note, under date the 2otli of last month,
addressed to the Secretary of State by the minister of the Mexican
Republic accredited to this Government, expressing the views of that
Government with reference to the control of the wild Indians of the
United States on the frontier of Mexico, as stipulated for in the eleventh
article of the treaty of Guadalupe Hidalgo. rj n^ a yt or

Washington, April 22, 1850.
To the Senate of the United States:

I herewith transmit to the Senate, for their advice with regard to its
ratification, a convention between the United States and Great Britain,
concluded at Washington on the igtli instant by John M. Clayton, Sec-
retary of State, on the part of the United States, and by the Right Hon.
Sir Henry lyytton Bulwer, on the part of Great Britain.

This treaty has been negotiated in accordance with the general views
expressed in my message to Congress in December last. Its object is to
establish a commercial alliance with all great maritime states for the pro-
tection of a contemplated ship canal through the territory of Nicaragua
to connect the Atlantic and Pacific oceans, and at the same time to in-
sure the same protection to the contemplated railways or canals by the
Tehuantepec and Panama routes, as well as to every other inter oceanic
communication which may be adopted to shorten the transit to or from
our territories on the Pacific.

It will be seen that this treaty does not propose to take money from
the public Treasury to effect any object contemplated by it. It yields
protection to the capitalists who may undertake to construct any canal or
railway across the Isthmus, commencing in the southern part of Mexico
and terminating in the territory of New Granada. It gives no preference
to any one route over another, but proposes the same measure of protec-
tion for all which ingenuity and enterprise can construct. Should this
treaty be ratified, it will secure in future the liberation of all Central
America from any kind of foreign aggression.

At the time negotiations were opened with Nicaragua for the construc-
tion of a canal through her territory I found Great Britain in possession
of nearly half of Central America, as the ally and protector of the Mos-
quito King. It has been my object in negotiating this treaty not only
to secure the passage across the Isthmus to the Government and citizens
of the United States by the construction of a great highway dedicated to
the use of all nations on equal terms, but to maintain the independence
and sovereignty of all the Central American Republics. The Senate will
judge how far these objects have been effected.

If there be any who would desire to seize and annex any portion of

Zachary Taylor 43

the territories of these weak sister republics to the American Union, or
to extend our dominion over them, I do not concur in their polic}-; and
I wish it to be understood in reference to that subject that I adopt the
views entertained, so far as I know, by all my predecessors.

The principles by which I have been regulated in the negotiation of
this treaty are in accordance with the sentiments well expressed by m3^
immediate predecessor on the loth of February, 1847, when he commu-
nicated to the Senate the treaty with New Granada for the protection of
the railroad at Panama. It is in accordance with the whole spirit of the
resolution of the Senate of the 3d of March, 1835, referred to by Presi-
dent Polk, and with the policy adopted by President Jackson immedi-
ately after the passage of that resolution, who dispatched an agent to
Central America and New Granada "to open negotiations with those
Governments for the purpose of effectually protecting, by suitable treaty
stipulations with them, such individuals or companies as might under-
take to open a communication between the Atlantic and Pacific oceans
by the construction of a ship canal across the isthmus which connects
North and South America, and of securing forever by such stipulations
the free and equal right of navigating such canal to all such nations on
the payment of such reasonable tolls as might be established to compen-
sate the capitalists who should engage in such undertaking and complete
the work. ' '

I also communicate herewith a copy of the correspondence between the
American Secretar>' of State and the British plenipotentiary at the time
of concluding the treaty. Whatever honor may be due to the party first
proposing such a treaty justly belongs to the United States. My prede-
cessor, in his message of the loth of February, 1847, referring to the
treaty with New Granada for the protection of the Panama Railroad,
observes that —

Should the proposition thus tendered be rejected we may deprive the I'nited States
of the just influence which its acceptance might secure to them, and confer the glory
and benefits of being the first among the nations in concluding such an arrangement
upon the Government either of Great Britain or France. That either of these Gov-
ernments would embrace the offer can not be doubted, l^ecause there does not appear
to be any other effectual means of securing to all nations the advantages of this
important passage but the guaranty of great commercial powers that the Isthmus
shall be neutral territory. The interests of the world at stake are so imixjrtant that
the security of this passage l>etween the two oceans can not be suffered to deiH.nd
upon the wars and revolutions which njay arise among different nations.

Should the Senate in its wisdom see fit to confirm this treaty, and tlic
treaty heretofore submitted by me U^x their advice in regard to its ratifi-
cation, negotiated with the vState of Nicaragua on the 3d day of vSeptem-
ber la.st, it will \ye. necessary to amend one or \^o\.\\ of them, so that both
treaties may stand in conformity with each other in their spirit and inten-
tion. The Senate will discover by examining them both that this is a
task of no great difficulty.

44 Messages and Papers of the Presidents

I have good reason to believe that France and Russia stand ready to
accede to this treaty, and that no other great maritime state will refuse
its accession to an arrangement so well calculated to diffuse the blessings
of peace, commerce, and civilization, and so honorable to all nations
which may enter into the engagement. ^ TAVT 0"R

Washington, May 6, 1850.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a consular convention between the United States and the Republic
of New Granada, signed in this city on the 4th of this month by the Sec-
retary of State on the part of the United States, and by Senor Don Rafael
Rivas, charge d'affaires of New Granada, on the part of that Republic.

Z. TAYLOR.

Washington, May 7, 1850.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives copies of a corre-
spondence between the Department of State and the British legation in
this city, relative to the reciprocal admission of the natural products of
the United States and Canada free of duty into the territories of both
countries. It will be seen by the accompanying documents that the late
Secretary of the Treasury recommended, in his correspondence with the
Committee on Commerce in the House of Representatives, reciprocal free
trade in the natural products of the United States and Canada; that in
March and June, 1849, a correspondence was opened between the British
charge d'affaires then residing in Washington and the Secretary of State
upon the subject of a commercial convention or treaty to carry out the
views of Her Majesty's Government in relation thereto, and that the prop-
osition for such a convention or treaty was declined on the part of the
American Government for reasons which are fully set forth in the note
of the Secretary of State to Mr. Crampton of the 26th of June last. Dur-
ing the negotiations connected with this correspondence, not considering
the markets of Canada as an equivalent for those of the United States, I
directed the Secretary of State to inquire what other benefits of trade and
commerce would be yielded by the British authorities in connection with
such a measure, and particularly whether the free navigation of the St.
Lawrence would be conceded to us. That subject has accordingly been
presented to the British Government, and the result was communicated by
Her Majesty's minister in Washington on the 27th of March last in reply
to a note from the Secretary of State of the 26th of that month. From
these papers it will be perceived that the navigation of the St. Lawrence
and of the canals connecting it with the Western lakes will be opened

Zachary Taylor 45

to the citizens of the United States in the event that the bill referred to
in the correspondence, providing for the admission of their natural prod-
ucts, should become a law. The whole subject is now submitted to the
consideration of Congress, and especially whether the concession pro-
posed by Great Britain is an equivalent for the reciprocit}^ desired by her.

Z. TAYLOR.

Washington, May 8, 1850.
To the Senate of the United States:

With reference to the convention between the United States and Her
Britannic Majesty relative to interoceanic communication by the way of
Nicaragua, recently submitted to the Senate, I transmit a copy of a note,
under date the 29th ultimo, addressed to the Secretary' of State by Sir
Henry L. Bulwer, Her Britannic Majesty's minister here, and of Mr.
Clayton's reply, under date the 30th ultimo. Intelligence received from
the charge d'affaires of the United States in Central America and from
other quarters having led to an apprehension that Mr. Chatfield, Her
Britannic Majesty's minister in that country, had concluded a treaty with
the Government of Costa Rica placing that State under the protection
of the British Government, I deemed it my duty to cause inquiries upon
the subject to be addressed to Her Majesty's Government through Sir
Henry L. Bulwer. The note of that functionary' communicates the an-
swer to those inquiries, and may be deemed satisfactory', both from the
denial of the fact that any such treat}' has been concluded and from its
positive disavowal on behalf of the British Government of the policy
intended to be subserved by such treaties. ^ TAVT OR

Washington, May 18, /8jo.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives a reix)rt of the
Secretar>' of State, with accompanying papers,* in answer to its resolu-
tion of the 28th of March last. y ^pv yT qti

Washington, ^fay 20, /'S'".
To the Senate of the ('nited States:

I transmit herewith reports from the Secretary of the Interior and
Secretary of War, in reply to the resolution of the vScnate of the 30th
ultimo, calling for information in relation to the hostilities and outrages
committed during the past year by the Seminole Indians in Morida. the
.steps taken for their removal west of the Mississipjii, the area now (kci:-
pied by them , etc . y .^ .^ \\^oK.

•Conitnunic.Ttion.s from tin- I'liilcd Suites consul at \iciiua.

46 Messages; and Papers of the Presidents

Washington, May 22, 1850.
To the Senate of the United States:

I herewith transmit to the Senate reports of the several heads of
Departments, to whom were referred the resolutions of the Senate of the
9th instant, "requesting the President of the United States to furnish
to the Senate copies of all correspondence between any of the Executive
Departments and General Persifor F. Smith and Brigadier- General B.
Riley, or either of them, relative to affairs in California, which had not
been communicated to the Senate; and also all information existing in
any of the Executive Departments respecting the transactions of the
convention in California by which the project of a State government
was prepared, and particularly a copy of the journals of said convention
and of such of the ordinances adopted by it as may in any way have been
communicated to any of the said Departments; and likewise to inform
the Senate if the surrender of General Riley to the jurisdiction and civil
authority of the government made by the aforesaid convention was by
order of the Executive of the United States, and, if not, whether the
proclamation of General Riley recognizing the said State government
and submitting to its jurisdiction has received the sanction of the Exec-
utive; and also that he furnish to the Senate whatever intelligence may
have been received in the executive department respecting the condition
of civil affairs in the Oregon Territory. ' '

The reports, with the official correspondence accompanying them, it is
believed, embrace all the information in the Departments called for by
the resolutions. 2 TAYT OR

Washington, May 24., 1850.
To the Senate of the United States:

In the month of January last I nominated Thomas Sewall to be con-
sul of the United States for the port of Santiago de Cuba, to which office
he had been appointed by me during the recess of the Senate. The
Spanish Government having refused to recognize Mr. Sewall as consul
for that port, I now withdraw that nomination and nominate William N.
Adams to fill the vacancy thus occasioned. ^ TA VT OR

Washington, May 29, 1850.
To the Senate of the United States:

I transmit to the Senate a copy of a dispatch from the minister of the
United States at London, together with the memorial and other docu-
ments addressed to the Senate and House of Representatives of the
United States by Count de Bronno Bronski which accompanied it, rela-
tive to an improved breed of silkworms which he desires to have intro-
duced into this country. „ TAYLOR

Zachary Taylor 47

Washington, /?/«^ J, /<?5'o.
To the Senate of the United States:

I transmit to the Senate herewith reports from the several heads of
Departments, which contain all the information in possession of the Exec-
utive relative to the subject of the resolution of the 23d instant [ultimo] .

No information has been received establishing the existence of any
revolutionary movement in the island of Cuba among the inhabitants
of that island. The correspondence submitted discloses, however, the
fact that repeated attempts have l^een made under the direction of for-
eigners enjoying the hospitality of this country to get up armed expe-
ditions in the United States for the purpose of invading Cuba. It will
be seen by that correspondence that this Government has been faithful in
the discharge of its treaty obligations with Spain and in the execution
of the acts of Congress which have for their object the maintenance in
this regard of the peace and honor of this country.

Z. TAYLOR.

WAvSHIngton, June 10, 1850.
To the Senate of the United States:

I submit herewith, in reply to a resolution of the Senate of the 3d
instant, calling for "copies of the instructions given and orders issued
in relation to the assemblage of persons on Round Island, coast of Mis-
sissippi, during the summer of 1849, and of the correspondence between
the President or heads of Departments and the governor of Mississippi
and the officers, naval or military, of the United States in reference to
the observation, investment, and dispersion of said assemblage upon said
island," a report from the Secretary of the Navy and accompanying
documents, which contain all the information on the subject not hereto-
fore communicated to the Senate. y f a yr OR

Washington, /«;/r /?, rSj^o.
To the House of Representatives of the United States:

I transmit to the House of Representatives a copy of a dispatch ad-
dressed by the minister of the United vStates at Paris to the vSecretary of
State, with a translation of the documents which accompanied it, rela-
tive to the memorial of Pierre Piron, a citi/.cn of the French Republic,
who. it will lie perceived, presents a just claim to pecuniary rcnuuiera-
tion from this Government on account of services rendered to citizens of
the United States. y ivvyjoj^

Washington, /z/";/^- r~. /S-;o.
To the Senate of the United States:

I have received a copy of the resolution of the Senate of the i itli June
instant, requesting me "to inform the Senate whether any orders liave

48 Messages a?id Papers of the Presidents

been issued to any military ofl&cer or ofl&cers at Santa Fe to hold posses-
sion against the authority of Texas, or in any way to embarrass or pre-
vent the exercise of her jurisdiction over that country, and to furnish the
Senate with copies of any correspondence which may have taken place
between the War Department and the military stationed at Santa Fe since
the date of my last communication to the Senate on that subject."

In reply to that resolution I state that no such orders have been given.

I herewith present to the Senate copies of all the correspondence referred
to in the resolution. All the other orders relating to the subject-matter
of the resolution have been heretofore communicated to the Senate.

I have already, in a former message, referred to the fact that the bound-
ary between Texas and New Mexico is disputed. I have now to state
that information has been recently received that a certain Robert S.
Neighbors, styling himself commissioner of the State of Texas, has pro-
ceeded to Santa Fe with a view of organizing counties in that district
under the authority of Texas. While I have no power to decide the
question of boundary, and no desire to interfere with it, as a question of
title, I have to observe that the possession of the territory into which it
appears that Mr. Neighbors has thus gone was actually acquired by the
United States from Mexico, and has since been held by the United States,
and, in my opinion, ought so to remain until the question of boundary
shall have been determined by some competent authority. Meanwhile, I
think there is no reason for seriously apprehending that Texas will prac-
tically interfere with the possession of the United States.

Z. TAYLOR.

Washington, June 26, 1850.
To the House of Representatives of the United States:

I herewith transmit a report of the Secretary of War, communicating
the information, as far as it can be furnished, required by the resolution
of the House of Representatives of the 17th instant, respecting the amount
of money collected from customs in California from the conclusion of the
war until the collector appointed under the act of March 3, 1849, entered
upon his duties, the objects for which said money has been expended,
and the authority under which the collections and disbursements were

°^^^^- Z. TAYLOR.

Washington, June ^7, 1850.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 3d instant,
requesting information in regard to the indemnity stipulated to be paid
by the Government of Peru to the Government of the United States pur-
suant to the modified convention of the 17th of March, 1841, I transmit

Zachary Taylor 49

a report from the Secretary of State and the documents by which it was
accompanied. The sums paid by that Government under the convention
are mentioned in the letters of Messrs. E. McCall & Co., of Lima, who
were appointed by my predecessor the agents to receive the installments
as they might fall due. ^ f \YLOR

Washington, July i, jS^o.
To the House of Representatives of the United States:

In reply to the resolution of the House of Representatives of the 17th
ultimo, in regard to the number of vessels, guns, and men constituting
the African squadron, the annual expenses of that squadron, etc., I
submit herewith a report from the Secretary of the Nav}', with accom-
panying documents. ^ TAYLOR

Washington, July /, 1850.
To the Senate of the United States:

I herewith transmit a report from the Secretarj- of War, prepared in
answer to a resolution of the Senate of the 27tli ultimo, requesting in-
formation of the proceedings of the Executive in regard to the appoint-
ment of the officer now commanding in New Mexico, the orders and
instructions given to and correspondence with him, and upon other sub-
jects mentioned in the resolution. ^ TAYT OR

Washington, July .?. 18=^0.
To the Seriate of the United States:

In the month of March last I nominated William McNeir to be a jus-
tice of the peace in and for the county of Washington, in the District of
Columbia, and on the 24th day of June the Senate advised and consented
to the nomination. Since then I have learned from the late mayor of
thecity of Washington, upon whose recommendation the nomination was
made, that the person whom he intended to reconunend for that office
was George McNeir, whom I now nominate to l>e a justice of the peace
in and for the county of Washington, in the District of Columbia.

In the month of February last I nominated Benjamin Riddells as con-
.sul of the United States for Chihuahua, and on the loth day of June last
the Senate advi.sed and con.sented to that nomination. I have since
learned that the persons recommending the apiK)iiitment of Mr. Riddells
by the pnenomen of Benjamin intended to reconunend Bennct Riddells.
whom I now nominate to be consul of the United States for Chihuahua
in order to correct the mistake thus inadvertently made.

Z. TAYLOR.
M P — voi« V — />.

50 Messages and Papers of the Presidents

PROCLAMATIONS.

Zachary Taylor, President of the United States of America.
To all whom it may concern:

An exequatur having been granted to Senor Carlos de Espana, bear-
ing date the 29th October, 1846, recognizing him as the consul of Her
Catholic Majesty at the port of New Orleans and declaring him free to
exercise and enjoy such functions, powers, and privileges as are allowed
to the consuls of the most favored nations in the United States:

These are now to declare that I do no longer recognize the said Carlos
de Espaiia as consul of Her Catholic Majesty in any part of the United
States, nor permit him to exercise and enjo}' anj- of the functions, powers,
or privileges allowed to the consuls of Spain; and I do hereb}" wholly
revoke and annul the said exequatur heretofore given, and do declare
the same to be absolutely null and void from this day forward.

In testimony whereof I have caused these letters to be made patent and

the seal of the United States of America to be hereunto afhxed.

[seal.] Given under m}^ hand this 4th day of January, A. D. 1850, and

of the Independence of the United States the seventy-fourth.

By the President:

John M. Clayton, Secretary of State.

By the President of the United States,
a proclamation.

Whereas by an act of the Congress of the United States of the 14th of
August, 1848, entitled "An act to establish the Territorial government
of Oregon," the President of the United States is authorized to establish
such ports of delivery in the collection district created by that act, not
exceeding two in number (one of which shall be located on Pugets
Sound), as he ma}- deem proper:

Now, therefore, I, Zachary Taylor, President of the United States of
America, do hereby declare and proclaim the ports of Nesqually (on
Pugets Sound) and Portland, in the collection district of Oregon, in the
Territory of Oregon, to be constituted ports of delivery, with all the priv-
ileges authorized by law to such ports.

In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.

Done at the city of Washington, this loth da}^ of January,
'- ■-' A. D. 1850, and of the Independence of the United States the

seventy-fourth. 2. TAYI^OR,

By the President:

J. M. Clayton, Secretary of State,

Zachary Taylor 51

DEATH OF PRESIDENT TAYLOR.

ANNOUNCEMENT TO ]\IR. FILLMORE.

[From oflScial records in the State Department.]

Department of State,
Millard Fillmore, Washington, J idy p, 1850.

President of the United States.
Sir: The melancholy and most painful duty devolves on us to announce
to you that Zachary Taylor, late President of the United States, is no
more. He died at the President's mansion this evening at half -past 10
o'clock.

We have the honor to be, etc.,

JOHN M. CLAYTON, GEO. W. CRAWFORD,

Secret a?y of State. Secretary of War.

W. M. MEREDITH, WM. BALLARD PRESTON,

Secretary of the Treasury. Secrctaty of the Navy.

T. EWING, J. COLLAMER,

Secretary of the Interior. Postmaster-General.

[The announcement as published in the Daily National Intelligencer of
July 1 1, 1850, contains also the signature of Reverdy Johnson, Attorney-
General.]

REPLY OF MR. ITLLMORE.

[From official records in the State Dcpartmcnl.]

Washixc.ton, filly p, 18^0.
To the Hons. John M. Clayton, Secretary of State; W. M. Mekkdith,
Secretary of the Treasury; T. Ewing, Secretary of the Interior;
Geo. W. Crawford, vSecretary of War; W>r. Bai.lakd Preston,
Secretary of the Navy; J. Coll.vmer, Postmaster-General; Reverdv
Johnson, Attorney-General.
Gentlemen: I have just received your note conveying the melancholy
and painful intelligence of tlie decease of Zachary Taylor, late President
of the United States. I have no language to ex])ress Ihc emotions of my
heart. The shock is so sudden and unexpected that I am overwhelmed
with grief.

I .shall avail myself of the earliest moment to comnnuiicate this sad
intelligence to Congress, and shall a])]K)iiit a time and ])lace for taking
the oath of office ])re.scril)ed to the President of the United States. Von
are requested to l)e present and witness the ceremony.

I am, gentlemen, etc., MILLARD FILLMORl-.

52 Messages aiid Papers of the Presidents

COMMUNICATION TO THE SENATE FROM MR. FILLMORE.
[From Senate Journal, Thirty-first Congress, first session, p. 443.]

Washington, Jtily lo, 1S50.
To the Senate of the United States:

In consequence of the lamented death of Zachan^ Taj'lor, late President
of the United States, I shall no longer occupy the chair of the Senate,
and I have thought that a formal communication to the Senate to that
effect, through j^our Secretary, might enable you the more promptly to
proceed to the choice of a presiding officer.

MILLARD FILLMORE.

ANNOUNCEMENT TO CONGRESS.
[From Senate Journal, Thirty-first Congress, first session, p. 443.]

WAvShington, July lo, 18^0.
Fellow-Citizens of the Senate and House of Representatives:

I have to perform the melancholy duty of announcing to you that it
has pleased Almighty God to remove from this life Zacharj- Taylor, late
President of the United States. He deceased last evening at the hour of
half-past 10 o'clock, in the midst of his famih* and surrounded by affec-
tionate friends, calmly and in the full possession of all his faculties.
Among his last words were these, which he uttered with emphatic dis-
tinctness:

I have always done my duty. I am ready to die. My only regret is for the friends
I leave behind me.

Having announced to 3'ou, fellow-citizens, this most afflicting bereave-
ment, and assuring you that it has penetrated no heart with deeper grief
than mine, it remains for me to sa.y that I propose this day at 12 o'clock,
in the Hall of the House of Representatives, in the presence of both
Houses of Congress, to take the oath prescribed by the Constitution, to
enable me to enter on the execution of the office which this event has
devolved on me. MILLARD FILLMORE.

ANNOUNCEMENT TO REPRESENTATIVES OF THE UNITED STATES

ABROAD.

[From ofiicial records in the State Department.]

Circular.

Department of State, Washington^ fidy 10, 1850.
Sir: It has become my most painful duty to announce to you the
decease of Zachary Taylor, late President of the United States.

Zachary Taylor tx

This afflicting event took place on the 9th instant at the Executive
Mansion in thi§ city, at thirty minutes after 10 o'clock in the evening.
I am, sir, respectfully, your obedient ser\'ant,

JOHN M. CLAYTON.

ANNOUNCEMENT TO REPRESENTATIVES OF FOREIGN GOVERN-
MENTS IN THE UNITED STATES.

[From official records in the State Department.]

Circular.

Department of State, Washington , July 10, 18^0.

Sir: It is my great misfortune to be obliged to inform you of an event
not less afflicting to the people of the United States than distressing to
my own feelings and the feelings of all those connected with the Gov-
ernment.

The President, Zachary Taylor, departed this life yesterday at half-past
10 o'clock in the evening.

You are respectfully invited to attend the funeral ceremonies, which
will take place on Saturday next, and with the particular arrangements
for which you will be made acquainted in due time.

Not doubting your sympathy and condolence with the Government and
people of the country on this bereavement, I have the honor to be, sir,
with high consideration, your obedient servant,

JOHN M. CLAYTON.

ANNOUNCEMENT TO THE ARMY.
[From official records in the War Department.]

General Orders, No. 21.

War Department, Adjutant-General's Office,

Washington, July 11, rS^^o,

I. The following order of the President of the United States announces
to the Army the lamented death of the illustrious General Zachary Tay-
lor, late President of the United States:

\V.\K I)ep.\ktmknt, July II, iS^o.

The President of the T'nited vStates willi profound sorrow announces to
the Army, the Navy, and Marine Corps the death of Zachary Taylor, late
President of the United States. He died at the Ivxecutive Man.Mon on
the night of the 9th instant at half-past 10 o'clock.

His last public appearance was in participating in the ceremoni(.'S of our
national anniversary at the base of the nionunieiit now rearing to tlie
memory of Washington. His last official act was to affi.K his signature

54 Messages and Papers of the Presidents

to the convention recently concluded between the United States and Great
Britain.

The vigor of a constitution strong by nature and confirmed by active
and temperate habits had in later years become impaired by the arduous
toils and exposures of his military life.

Solely engrossed in maintaining the honor and advancing the glory
of his country, in a career of forty years in the Army of the United
States he rendered himself signal and illustrious. An unbroken current
of success and victory, terminated by an achievement unsurpassed in
our annals, left nothing to be accomplished for his military fame.

His conduct and courage gave him this career of unexampled fortune,
and with the crowning virtues of moderation and humanity under all cir-
cumstances, and especially in the moment of victory, revealed to his
countrymen those great and good qualities which induced them unso-
licited to call him from his high military command to the highest civil
office of honor and trust in the Republic; not that he desired to be first,
but that he was felt to be worthiest.

The simplicity of his character, the singleness of his purpose, the ele-
vation and patriotism of his principles, his moral courage, his justice,
magnanimity and benevolence, his wisdom, moderation, and power of
command, while they have endeared him to the heart of the nation, add
to the deep sense of the national calamity in the loss of a Chief Magis-
trate whom death itself could not appall in the consciousness of ' ' having
always done his duty. ' '

The officers of the Army, of the Navy, and Marine Corps will, as a
manifestation of their respect for the exalted character and eminent pub-
lic services of the illustrious dead, and of their sense of the calamity the
country has sustained b)^ this afflicting dispensation of Providence, wear
crape on the left arm and upon the hilt of the sword for six months.

It is further directed that funeral honors be paid at each of the mili-
tary posts according to general regulations, and at navy-yards and on
board all public vessels in commission, by firing thirty minute guns, com-
mencing at meridian, on the day after the receipt of this order, and by
wearing their flags at half-mast.

By order of the President: GEORGE W. CRAWFORD,

Secretary of War.

II. The day after the receipt of this general order at each military post
the troops will be paraded at lo o'clock a. m. and the order read to them,
after which all labors for the day will cease.

The national flag will be displayed at half-staff.

At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and at
the close of the day a national salute of thirty guns.

The officers of the Army will wear the badge of mourning on the left

Zachary Taylor 55

arm and on their swords and the colors of the several regiments will be
put in mourning for the period of six months.

^y °^^^^^ R. JONES,

Adjutayit- General.

[The Secretary of the Navy made the same announcement to the Navy
as that portion of the above signed by the Secretary of War.}

ORDER OF THE PRESIDENT.

[From the Daily National Intelligencer, July 12, 1S50.]

Washington, July to, 1850.
In consequence of the death of the President of the United States,
I direct that the several Executive Departments be closed until after
the funeral of the illustrious deceased, and that the>-, as well as the Exec-
utive Mansion, be placed in mourning, and that the several officers of the
Government wear the usual badge of mourning for the term of six

"^^"^^^- MILLARD FILEMORE.

ACTION OF CONGRESS.

[From Senate Journal, Thirty-first Congress, first session, p. 445.]
RKSOIATION OF THK SKNATK.

Whereas it has pleased Divine Providence to remove from this life
Zachary Taylor, late President of the United States, the Senate, sharing
in the general sorrow which this melancholy event must produce, is desir-
ous of manifesting its sensibility on this occasion: Therefore

Resolved, That a committee consisting of Messrs. Webster, Cass, and
King be appointed on the part of the Senate to meet such committee as
may be appointed on the part of the House of Representati\'es to con-
sider and report what measures it may be deemed j)roper to adopt to .show
the respect and affection of Congress for the memory of the illustrious
deceased and to make the necessary arrangements for his funeral.

[From House Journal, Thirty-first Congress, first session, ]). i\2\.\

RRsoLiTioN ()!•■ THK iioisic oi' K i;rK i:si:nt.\tivi;s.

Whereas it has pleased Divine Providence to remove from this life
Zachary Taylor, late President of the United vStates, the Hou.se of Rep-
resentatives, .sharing in the general sorrow which tliis melancholy event
must produce, is desirous of manifesting its sensibility on the occasion:
Therefore

Resolved, That a committee consisting of thirteen members be ai»]>ointL<l
on the part of this House to meet such committee as may l)e appointed on the
part of the Senate to consider and reix)rt what measures it may be deemed
proper to adopt in order to show the re.sixict and affection of Congress for

56 Messages and Papers of the Presidents

the memor}' of the illustrious deceased and to make the necessary arrange-
ments for his funeral.

[The committee consisted of Messrs. Conrad, of I^ouisiana; McDowell,
of Virginia; Winthrop, of Massachusetts; Bissell, of Illinois; Duer, of New
York; Orr, of South Carolina; Breck, of Kentucky; Strong, of Pennsyl-
vania; Vinton, of Ohio; Cabell, of Florida; Kerr, of Maryland; Stanly, of
North Carolina; Littlefield, of Maine.]

OFFICIAL ARRANGEMENTS FOR THE FUNERAL.

[From the Daily National Intelligencer, July 13, 1850.]

Washington, July ii, 1850.

The Committee of Arrangements of the two Houses of Congress, hav-
ing consulted with the family of the deceased, have concluded that the
funeral of the late President be solemnized on Saturday, the 13th of July,
at 12 o'clock; the religious services to be performed by the Rev. Dr.
Pyne at the Executive Mansion, according to the usage of the Episcopal
Church, in which church the deceased most usually worshiped; the body
to be afterwards taken from the President's house to the Congress Bury-
ing Ground, accompanied by a military escort and civic procession, and
deposited in the receiving tomb.

The military arrangements to be under the direction of Major- General
Scott, the General Commanding in Chief of the Army of the United States,
and Major- General Walter Jones, of the militia of the District of Columbia.

Commodore Warrington, the senior naval officer now in the city, to
have the direction of the naval arrangements.

The marshal of the District of Columbia to have the direction of the
civic procession.

All the members of the diplomatic corps, all officers of Government,
the clergy of the District and elsewhere, all associations and fraternities,
and citizens generally are invited to attend.

And it is respectfully recommended to the officers of the Government
that they wear the usual badge of mourning.

Order ok the Procession.

funerai, escort.

(In column of march. )

Composed of such corps of the Army and the militia as may be ordered or as may

report themselves for duty on the occasion.

CIVIC PROCESSION.

The United States marshal of the District of Columbia and his aids.

The mayors of Washington and Georgetown.

The Committee of Arrangements of the two Houses of Congress.

The chaplains of the two Houses of Congress and the officiating clergyman of

the occasion.
Attending physicians to the late President.

Zachary Taylor 57

Pallbearers. — Hon. Henry Clay, Hon. T. H. Benton, Hon. Lewis Cass, Hon. Daniel
Webster, Hon. J. M. Berrien, Hon. Truman Smith, Hon. R. C. Winthrop, Hon.
Linn Boyd, Hon. James McDowell, Hon. S. F. Vinton, Hon. Hugh White,
Hon. Lsaac E. Holmes, G. W. P. Custis, esq., Hon. R. J. Walker, Chief Justice
Cranch, Joseph Gales, esq., Major-General Jesup, Major-General Gibson, Com-
modore Bailard, Brigadier-General Henderson.

The horse used by General Taylor in the late war.

Family and relatives of the late President.

The President of the United States and the heads of Departments.

The Sergeant-at-Anns of the Senate.

The Senate of the United States, preceded by the President pro letnpore

and Secretary.

The Sergeant-at-Arms of the House of Representatives.

The House of Representatives, preceded b}' their Speaker and Clerk.

The Chief Justice and associate justices of the Supreme Court of the I'nited States

and its officers.
The diplomatic corps.
Governors of States and Territories.
Ex-members of Congress.
Members of State legislatures.
District judges of the United States.
Judges of the circuit and criminal courts of the District of Columbia, with the
members of the bar and officers of the courts.
The judges of the several States.
The Comptroller of the Treasun,-, Auditors, Treasurer, Register, Solicitor, and Com-
missioners of Land Office, Pensions, Indian Affairs, Patents, and Public Buildings.
The clerks, etc., of the several Departments, preceded by their respective chief clerks,
and all other civil officers of the Government.
Clergy of the District of Columbia and elsewhere.
Officers and soldiers of the Revolution.
Corporate authorities of Washington.
Corporate authorities of Georgetown.
Officers and soldiers who ser\ed in the War of 1S12 and in the late war.
Presidents, professors, and students of the colleges of the District of Columbia.
Such .societies and fraternities as may wish to join the procession, to report to the
marshal of the District, who will assign them their respective ix)sitions.
Citizens and .strangers.

The proces.sion will move from the President's house at i o'clock pre-
cisely, or on the conclu.sion of the religions .services.

DAXIia. WKBSTlvR.
Chairman of I he Covnni/fee 0)i the part 0/ the Senate.
CHAS. M. CONRAD.
Chairman of the Committee on the part of the House of Representatives.

[I-"roni official n-conls in tin- \\:w I)i-]>.utnuiit.)

Gkmckai. C)Ki)i:ks, No. 22.

War Dki'Artmk.nt. Adjitant-C.hnkk.vi.'s Oi rici:.

W'ashinjt^ton, fniv rr, rS^(K

The joint committees of tlie Congress of the U^nited vStatcs having
designated the General in Chief, Major-General Scott, to take charge

58 Messages and Papers of the Presidents

of the military arrangements for the funeral ceremonies of the late Presi-
dent of the United States, the Secretary of War directs that the Com-
manding General of the Army give the necessary orders and instructions
accordingly. The military arrangements will conform to the directions
found in the reports of the special committees of the Senate and House
of Representatives.

By order of the Secretary of War:

R. JONES, Adjutant-General.

Generai, Orders.

Headquarters of the Army,

Adjutant- General's Office,

Washington, July 12, 18^0.

The Major-General Commanding the Army of the United States, hav-
ing been charged by the joint committees of Congress with the military
preparations for the funeral honors to be paid to the illustrious states-
man, soldier, and citizen, Zachary Taylor, late President of the United
States, directs the following order of arrangement:

Order oi'' the; Miijtary Procession.

FUNERAiy escort.

(In column of march. )

Infantry. — Maryland volunteers; volunteer troop.s from other States; battalion of

volunteers from the District of Columbia.
Firing party (to be commanded by an officer of the Army). — Two companies of
volunteers from Washington; two companies of volunteers from Baltimore; bat-
talion of United States marines; battalion of United States artillery, as infantry;
troop of United States light artillery.
Dismounted officers of volunteers, Marine Corps, Navy, and Army, in the order named.
Mounted officers of volunteers, Marine Corps, Navy, and Army, in the order named.
Major-General Walter Jones, commanding the militia; aids-de-camp.
Major-General Winfield Scott, commanding the Army; aids-de-camp.

The troops will be formed in line in the Avenue, north of the Presi-
dent's mansion, precisely at 11 o'clock a. m., Saturday, the 13th instant,
with the right (Brevet Major Sedgwick's troop of light artillery) resting
opposite the War Department.

The procession will move at i o'clock p. m., when minute guns will be
fired by detachments of artillery stationed near vSt. John's church, the
City Hall, and the Capitol, respectively.

On arriving on the north front of the Congressional Burial Ground
the escort will be formed in two lines, the first consisting of the firing
party, facing the cemetery and 30 paces from it; the second composed of
the rest of the infantry, 20 paces in rear; the battery of artillery to take
position on the rising ground 100 paces in rear of the second line.

At sunrise to-morrow (the 13th instant) a Federal salute will be fired

Zachary Taylor 59

from the militaty stations in the vicinity of Washington, minute guns
between the hours of i and 3, and a national sakite at the setting of
the sun.

The usual badge of mourning will be worn on the left arm and on the
hilt of the sword.

The Adjutant- General of the Army is charged with the details of the
military arrangements of the day, aided by the Assistant Adjutants- Gen-
eral on duty at Washington, by Brevet Lieutenant-Colonel Swords, of the
staff, and Lieutenant W. T. Sherman, Third Artillery.

The United States marshal of the District of Columbia havdng been
charged with the direction of the civic procession, the military will co-
operate in the general order of arrangements.

By command of Major-General Scott:

R. JONES,

Adjidant- General.

[From the Daily National Intelligencer, July 12, 1850.]

Generai, Order.

The major-general, zealous to execute the honorable commission in
which the joint committees of Congress have associated him with the
General in Chief of the Army, deems it proper and conducive to the end
in view to make the best preparation in his ix)wer for carrj'ing into effect
the field arrangements of the military movements in the procession of the
funeral of the late President, arrangements which must necessarily await
the arrival of the General in Chief. For that purpose he thinks it expe-
dient to appoint a general rendezvous where all the corps and companies
of militia, including all who may march from any of the States with those
of this District, may assemble at an early hour in the morning of Satur-
day, the 13th instant, and there receive final orders for being formed and
posted. They are therefore requested to take notice that such rendezvous
is in front of the City Hall. The corps and companies from the vStates
are requested to repair to this general rendezvous immediately on arrival;
those of the District not later than 9 o'clock a. m. The commandants
of corps and companies are expected to report, immediately on arriving
at the rendezvous, to the major-general or such stall officer as may be
detailed for the purpose, the strength of their respective commands.

All officers not on duty in their respective corps or companies arc
requested to appear in full uniform and mounted. The post intended
for them is in the personal .suite of the (^icneral in Chief. The major-
general knows of no more honorable or more interesting jxjst that he
could a.s.sign them in time of peace than that of following the lead of the
renowned Scott in the proce.s.sion of the funeral of the renowned Taylor.

WALTlvR JOXICS.
Major-Cencral Mililia Districl of Columbia.

6o Messages afid Papers of the Presidents

RESOLUTION OF CONDOLENCE BY CONGRESS.

[From original in the State Department.]

A RESOLUTION expressing the condolence of Congress for Mrs. Margaret S. Taj-lor.

Resolved by the Senate and House of Representatives of the United States
of America in Co7igress asse?nbled, That the President of the United States
be requested to transmit a copy of the proceedings of the two Houses on
the loth instant in relation to the death of the late President of the United
States to Mrs. Margaret S. Taylor, and to assure her of the profound re-
spect of the two Houses of Congress for her penson and character and of
their sincere condolence on the late afflicting dispensation of Providence.

Millard Fillmore

July 10, 1850, to March 4, 1853

6'

Millard Fillmore

Millard Fillmore was born February 7, 1800, in the township of
Loeke (now Sunimerhill), Cayuga County, N. Y. He was the second son
of Nathaniel Filhnore and Phcebe Millard. His ancestors served with
distinction in the French and Revolutionary wars. He attended the
primitive schools in the neighborhood three months in the year, devoting
the other nine to working on his father's farm. His father, having formed
a distaste for farming, was desirous that his sons should follow other oc-
cupations. Accordingly, Millard, after serving an apprenticeship for a
few months, began in 18 15 the business of carding and dressing cloth.
Was afterwards a school-teacher. In 18 19 decided to become a lawyer,
and in 1823, although he had not completed the usual course required,
was admitted as an attorney by the court of common pleas of Erie County.
February 5, 1826, was married to Miss Abigail Powers, daughter of a
clergyman. In 1827 was admitted as an attorney and two years later
as counselor l^efore the supreme court. In 1830 removed to Buffalo and
became a successful lawyer. His political career began and ended with
the birth and extinction of the Whig party. Was elected to the legisla-
ture of his State in 1828, and served three terms; while there he was dis-
tinguished by his advocacy of the act to abolish imprisonment for debt,
which passed in 1831. In 1832 was elected to Congress, and after serv-
ing one term retired till 1836, when he was reelected, and again returned
in 1838 and 1840, declining a renomination in 1842. Was the autlior of
the tariff of 1842. He retired from Congress in 1843. Was an unsuc-
cessful candidate for \'ice-President ])efore the Whig convention at lialti-
more in 1844. Was nominated by acclamation for governor of New York
in the following vSeptember, but was defeated l)y vSilas Wriglit. In 1S47
was elected comptroller of the State. In 1848 was nominated by the
Whigs for Vice-President on the ticket with General Taylor and was
elected in the following November. He ]>rcsided as \'ice- President with
strict impartiality during exciting debates in the Senate. By the death
of President Taylor l>ecanie President July 10, 1S50. Was a cancHdate
for President at the Whig convention in 1852, l)Ut General vScott received
the nomination. Three weeks after the close of liis Achninistration his
wife died. Afterwards married Caroline C. Mcintosh, who survived him.
In 1856, while in Rome, he was nominated for the Presidency by the

63

64 Messages and Papers of the Presidents

American (Whig) party, but was defeated by Mr. Buchanan. After
his retirement from office he resided in Buffalo the remainder of his
Hfe. He established the Buffalo Historical Society. Was called upon to
welcome distinguished visitors to his city, and frequently presided over
conventions and other public meetings, but held no office after retiring
from the Presidency. He again visited Europe in 1866. Died at Buf-
falo, N. Y., March 8, 1874, and was buried in that city in Forest Lawn
Cemetery.

SPECIAL MESSAGES.

Washington, July m, 1850.
Fello'iV- Citizens of the Senate and House of Representatives. ■

A great man has fallen among us, and a whole countrj' is called to an
occasion of unexpected, deep, and general mourning.

I recommend to the two Houses of Congress to adopt such measures as
in their discretion may seem proper to perform with due solemnities the
funeral obsequies of Zachary Taylor, late President of the United States,
and thereby to signify the great and affectionate regard of the American
people for the memory of one whose life has been devoted to the public
service, whose career in arms has not been surpassed in usefulness or
brilliancy, who has been so recently raised by the unsolicited voice of the
people to the highest civil authority in the Government, which he admin-
istered with so much honor and advantage to his country, and by whose
sudden death so many hopes of future usefulness have been blighted
forever.

To you, Senators and Representatives of a nation in tears, I can say
nothing which can alleviate the sorrow with which you are oppressed. I
appeal to you to aid me, under the trying circumstances which surround
me, in the discharge of the duties from which, however much I may be
oppressed by them, I dare not shrink; and I rely upon Him who holds
in His hands the destinies of nations to endow me with the requisite
strength for the task and to avert from our country the evils apprehended
from the heavy calamity which has befallen us.

I shall most readily concur in whatever measures the wisdom of the two
Houses may suggest as befitting this deeply melancholy occasion.

MILLARD FILLMORE.

Washington, fdy 75-, 18^0.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty between the United States and the Republic of Peru, signed
in this city on the 1 3th instant by the plenipotentiaries of the parties.

Millard Fillmore 65

A report from the Secretary of State relative to the treaty, and the
documents therein referred to, are also herewith transmitted.

MIIvIvARD FILLMORE.

Washington, Jtdy ly, 1850.
To the Senate of the United States:

In further answer to a resolution of the Senate of the 27th ultimo, in
reference to a proclamation issued by the military officer commanding
in New Mexico and other matters, I herewith transmit a report from the
Secretary of War, communicating information not received at the Depart-
ment until after the date of his report of the ist instant on this subject.

MILLARD FILLMORE.

Washington, Jidy ij, 1S50.
To the Senate of the United States:

In answer to a resolution of the Senate of the ist instant, requesting
the President to furnish the Senate with ' ' the report and map of Lieu-
tenant J. D. Webster, Corps of Topographical Engineers, of a survey of
the Gulf coast at the mouth of the Rio Grande and its vicinity," and in
compliance therewith, I transmit herewith a report from the Secretary of
War, accompanied by the report and map above referred to.

MILLARD FILLMORE.

Washington, fidy 18, 1830.
To tlie House of Representatives of the United States:

I herewith transmit to the House of Representatives, in compliance
with the request contained in their resolution of the 24tli day of January
last, the information asked for by that resolution, relating to certain pro-
ceedings of the Briti.sh Government in the forcible sei/.ure and occupation
of the island of Tigre; also all the "facts, circumstances, and communi-
cations within the knowledge of the Executive relative to any seizure or
occupation, or attempted seizure or occupation, by the British Govern-
ment of any port, river, town, territory, or island belonging to or claimed
by any of the vStates of Central America. ' '

The resolution of the Hou.se speaks of the island of Tigre, in the vStale
of Nicaragua. I am not aware of the exi.stence of any such island in that
State, and presume that the resolution refers to the island of the same
name in the Gulf of Fonseca, in the State of Honduras.

The concluding part of the resolution, requesting the President to com-
municate to the House all treaties not heretofore ]niblished wliich may
have been negotiated with any of the States of Central America "by
any person acting by authority of the late Administration or under the
M r — voi< V — 5

66 Messages and Papers of the Presidents

auspices of the present Administration," so far as it has reference to
treaties negotiated with any of those States by instructions from this
Government, can not be compHed with, inasmuch as those treaties have
not been acted upon by the Senate of the United States, and are now
in the possession of that body, to whom by the Constitution the)^ are
directed to be transmitted for advnce in regard to their ratification.

But as its communication is not hable to the .same objection, I transmit
for the information of the House a copy of a treat}' in regard to a ship
canal across the Isthmus, negotiated by EHjah Hise, our late charge
d'affaires in Guatemala, with the Government of Nicaragua on the 21st
day of June, 1849, accompanied by copies of his instructions from and
correspondence with the Department of State.

I shall cheerfully comply with the request of the House of Represent-
atives to lay before them the treaties negotiated with the States of Cen-
tral America, now before the Senate, whenever it shall be compatible with
the public interest to make the communication. For the present I com-
municate herewith a copy of the treaty with Great Britain and of the
correspondence between the American Secretary of State and the Brit-
ish plenipotentiary at the time it was concluded. The ratifications of it
were exchanged at Washington on the 4th day of July instant.

I also transmit the report of the Secretary of State, to whom the resolu-
tion of the House was referred, and who conducted the negotiations rela-
tive to Central America, under the direction of my lamented predecessor.

MILLARD FILLMORE.

Washington, July 20, 1850.
To the Senate of the United States:

I herewith transmit to the Senate, with a view to its ratification, a con-
vention between the United States and the Mexican Republic for the
extradition of fugitives from justice. This convention was negotiated
under the directions of my predecessor, and was signed this day by John
M. Clayton, Secretary of State, on the part of the United States, and by
Seiior Don Luis de la Rosa, envo}^ extraordinar}' and minister plenipo-
tentiary of Mexico, on the part of that Republic. The length of the
boundary line between the two countries, extending, as it does, from
the Pacific to the Gulf, renders such a convention indispensable to the
maintenance of good order and the amicable relations now so happily
subsisting between the sister Republics.

MILLARD FILLMORE.

Washington, /7//r ^j, 1850.
To the Senate of the United States:

I lay before the Senate, for their consideration and advice as to its rati-
fication, a treaty concluded in the city of Washington on the ist day of

Millard Fillmore Gy

April, 1850, by and between Ardavan S. Lougher>', commissioner on the
part of the United States, and delegates of the Wyandott tribe of Indians.
I also lay before the Senate a letter from the Secretary of the Interior
and the papers therein referred to. MII.LARD FII.LMORE.

Washington, July jo, 1830.
To the Senate of the United States:

I herewith transmit to the Senate, in answer to its resolution of the
5th instant, requesting the President to communicate to that body "any
information, if any has been received by the Government, showing that an
American vessel has been recently stopped upon the high seas and searched
by a British ship of war, ' ' the accompanying copies of papers. The Gov-
ernment has no knowledge of any alleged stopping or searching on the
high seas of American vessels b}^ British ships of war except in the cases
therein mentioned. The circumstances of these cases will appear by the
inclosed correspondence, taken from the files of the Navy Department.
No remonstrance or complaint by the owners of these vessels has been
presented to the Government of the United States.

MILLARD FILLMORE.

Washington, August 2, 1850.
To the Senate of the United States:

I have the honor to transmit herewith a report of the Secretary of War,
in answer to a resolution of the Senate passed on the 8th of July last, call-
ing for information in relation to the removal of Fort Polk, etc. The
documents accompanying the report contain all the infonnation required
by the resolution. MILLARD FILLMORE.

Washington. AuQ;ust 6, /8^o.
To the Senate and House of Representatives:

I herewith transmit to the two Houses of Congress a letter from liis
excellency the governor of Texas, dated on the r4th day of June last,
addres.sed to the late President of the United States, which, not having
been an.swered by him, came to my hands on his death; and I also trans-
mit a copy of the answer which I have felt it to l)e my duty to cause to
be made to that conununication.

Congress will jK-rccive that the governor of Texas officially states that
by authority of the legislature of that vState he dispatched a siKvial com-
missioner with full jx)wer and instructions to extend the civil jurisdiction
of the State over the iniorgani/.cd counties of 1^1 Paso, Worth, Presidio,
and Santa Fe, situated on its northwestern limits.

He proceeds to .say that the connnissioner had reported to him in an

68 Messages and Papers of the Presidents

official form that the military officers employed in the service of the
United States stationed at Santa Fe interposed adversely with the inhab-
itants to the fulfillnient of his object in favor of the establishment of a
separate State government east of the Rio Grande, and within the right-
ful limits of the State of Texas. These four counties, which Texas thus
proposes to establish and organize as being within her own jurisdiction,
extend over the whole of the territory east of the Rio Grande, which has
heretofore been regarded as an essential and integral part of the depart-
ment of New Mexico, and actually governed and possessed by her people
until conquered and severed from the Republic of Mexico by the Ameri-
can arms.

The legislature of Texas has been called together by her governor for
the purpose, as is understood, of maintaining her claim to the territory
east of the Rio Grande and of establishing over it her own jurisdiction
and her own laws by force.

These proceedings of Texas may well arrest the attention of all branches
of the Government of the United States, and I rejoice that they occur
while the Congress is yet in session. It is, I fear, far from being impos-
sible that, in consequence of these proceedings of Texas, a crisis may be
brought on which shall summon the two Houses of Congress, and still
more emphatically the executive government, to an immediate readiness
for the performance of their respective duties.

B}^ the Constitution of the United States the President is constituted
Commander in Chief of the Army and Navy, and of the militia of the
several States when called into the actual service of the United States.
The Constitution declares also that he shall take care that the laws be
faithfully executed and that he shall from time to time give to the Con-
gress information of the state of the Union.

Congress has power by the Constitution to provide for calling forth
the militia to execute the laws of the Union, and suitable and appropriate
acts of Congress have been passed as well for providing for calling forth
the militia as for placing other suitable and efficient means in the hands
of the President to enable him to discharge the constitutional functions of
his office.

The second section of the act of the 28th of February, 1795, declares
that whenever the laws of the United States shall be opposed or their
execution obstructed in any State by combinations too powerful to be
suppressed by the ordinary course of judicial proceedings or the power
vested in the marshals, the President may call forth the militia, as far as
may be necessary, to suppress such combinations and to cause the laws
to be duly executed.

By the act of March 3, 1807, it is provided that in all cases of obstruc-
tion to the laws either of the United States or any individual State or
Territory, w^liere it is lawful for the President to call forth the militia for
the purpose of causing the laws to be duly executed, it shall be lawful

Millard Fillmore 69

for him to employ for the same purposes such part of the land or naval
force of the United States as shall be judged necessary.

These several enactments are now in full force, so that if the laws of the
United States are opposed or obstructed in any State or Territorj- by com-
binations too powerful to be suppressed by the judicial or civil authorities
it becomes a case in which it is the duty of the President either to call
out the militia or to employ the military and naval force of the United
States, or to do both if in his judgment the exigency of the occasion
shall so require, for the purpose of suppressing such combinations. The
constitutional duty of the President is plain and peremptory' and the
authority vested in him by law for its performance clear and ample.

Texas is a State, authorized to maintain her own laws so far as they
are not repugnant to the Constitution, laws, and treaties of the United
States; to suppress insurrections against her authorit}-, and to punish those
who maj^ commit treason against the State according to the forms pro-
vided by her own constitution and her own laws.

But all this power is local and confined entirely within the limits of
Texas herself. She can possibly confer no authority which can be law-
fully exercised beyond her own boundaries.

All this is plain, and hardly needs argument or elucidation. If Texas
militia, therefore, march into any one of the other States or into any Ter-
ritory of the United States, there to execute or enforce any law of Texas,
they become at that moment trespas.sers; they are no longer under the
protection of any lawful authority, and are to be regarded merely as in-
truders; and if within such State or Territory they obstruct any law of
the United States, either by power of arms or mere power of numbers,
constituting such a combination as is too powerful to be suppressed by
the civil authority, the President of the United vStates has no option left
to him, but is bound to obey the solemn injunction of the Constitution
and exercise the high powers vested in him by that instrument and by
the acts of Congre.ss.

Or if any civil po.s.se, armed or unarmed, enter into anj- Territory of the
United States, under the protection of the laws thereof, with intent to seize
individuals, to l^e carried elsewhere for trial for alleged offenses, and this
posse l>e too powerful to be resisted by the local civil authorities, such
seizure or attempt to seize is to be prevented or resisted by the authority
of the United States.

The grave and imjxjrtant question now arises whether there l^e in the
Territory of New Mexico any existing law of the United States op]>osi-
tion to which or the obstruction of which would constitute a case calling
for the inter]X).sition of the authority vested in the President.

The Constitution of the United States declares that —

Tliis Constitution, and the laws of tlie rnitcd vSlatcs wliirh sli.ill 1m- iiiadf in jjiirsu-
ance thereof, ami all treaties made, or which shall he made, under tlu authority <>f
the United States, shall be the supreme law of the land.

JO Messages and Papers of the Presidents

If, therefore, New Mexico be a Territory of the United States, and if
any treaty stipulation be in force therein, such treaty stipulation is the
supreme law of the land, and is to be maintained and upheld accordingly.

In the letter to the governor of Texas my reasons are given for be-
lieving that New Mexico is now a Territory of the United States, with
the same extent and the same boundaries which belonged to it while
in the actual possession of the Republic of Mexico, and before the late
war. In the early part of that war both California and New Mexico
were conquered by the arms of the United States, and were in the mili-
tary possession of the United States at the date of the treaty of peace.

By that treaty the title by conquest was confirmed and these territo-
ries, provinces, or departments separated from Mexico forever, and by
the same treaty certain important rights and securities were solemnly
guaranteed to the inhabitants residing therein.

By the fifth article of the treaty it is declared that —

The boundary line between the two Republics shall commence in the Gulf of
Mexico 3 leagues from land, opposite the mouth of the Rio Grande, otherwise called
Rio Bravo del Norte, or opposite the mouth of its deepest branch if it should have
more than one branch emptying directly into the sea; from thence up the middle of
that river, following the deepest channel where it has more than one, to the point
where it strikes the southern boundary of New Mexico; thence westwardly, along
the whole southern boundary of New Mexico ( which runs north of the town called
Paso) to its western termination; thence northward along the western line of New
Mexico until it intersects the first branch of the river Gila (or, if it should not inter-
sect any branch of that river, then to the point on the said line nearest to such
branch, and thence in a direct line to the same); thence down the middle of the
said branch and of the said river until it empties into the Rio Colorado; thence across
the Rio Colorado, following the division line between Upper and Lower California,
to the Pacific Ocean.

The eighth article of the treaty is in the following terms:

Mexicans now established in territories previously belonging to Mexico, and
which remain for the future within the limits of the United States as defined by the
present treaty, shall be free to continue where they now reside or to remove at any
time to the Mexican Republic, retaining the property which they possess in the said
territories, or disposing thereof and removing the proceeds wherever they please
without their being subjected on this account to any contribution, tax, or charge
whatever.

Those who shall prefer to remain in the said territories may either retain the title
and rights of Mexican citizens or acquire those of citizens of the United States; but
they shall be under the obligation to make their election within one year from the
date of the exchange of ratifications of this treaty; and those who shall remain in
the said territories after the expiration of that year without having declared their
intention to retain the character of Mexicans shall be considered to have elected to
become citizens of the United States.

In the said territories property of every kind now belonging to Mexicans not estab-
lished there shall be inviolably respected. The present owners, the heirs of these,
and all Mexicans who may hereafter acquire said property by contract shall enjoy
with respect to it guaranties equally ample as if the same belonged to citizens of the
United States.

Millard Fillmore *ji

The ninth article of the treaty is in these words:

The Mexicans who, in the territories aforesaid, shall not preserve the character of
citizens of the Mexican Republic, conformably with what is stipulated in the pre-
ceding article, shall be incorporated into the Union of the United States and be
admitted at the proper time (to be judged of by the Congress of the United States) to
the enjoyment of all the rights of citizens of the United States according to the prin-
ciples of the Constitution, and in the meantime shall be maintained and protected
in the free enjoyment of their liberty and property and secured in the free exercise
of their religion without restriction.

It is plain, therefore, on the face of these treaty stipulations that all
Mexicans established in territories north or east of the line of demarca-
tion already mentioned come within the protection of the ninth article,
and that the treaty, being a part of the supreme law of the land, does
extend over all such Mexicans, and assures to them perfect security in
the free enjoyment of their liberty and property, as well as in the free
exercise of their religion; and this supreme law of the land, being thus
in actual force over this territory, is to be maintained until it shall be
displaced or superseded by other legal provisions; and if it be obstructed
or resisted by combinations too powerful to be suppressed by the civil
authority the case is one which comes within the provisions of law and
which obUges the President to enforce those provisions. Neither the
Constitution nor the laws nor my duty nor my oath of ofl&ce leave me
any alternative or any choice in my mode of action.

The executive government of the United States has no power or author-
ity to determine what was the true line of boundary between Mexico and
the United States before the treaty of Guadalupe Hidalgo, nor has it any
such power now, since the question has become a question between the
State of Texas and the United States. So far as this boundary is doubt-
ful, that doubt can only be removed by some act of Congress, to which
the assent of the State of Texas may be necessary, or by some appropri-
ate mode of legal adjudication; but in the meantime, if disturbances
or collisions arise or should be threatened, it is absolutely incumbent on
the executive government, however painful the duty, to take care that the
laws be faithfully maintained; and he can regard only the actual state of
things as it existed at the date of the treaty, and is bound to protect all
inhabitants who were then established and who now remain north and
east of the line of demarcation in the full enjoyment of their lil^erty
and property, according to the provisions of the ninth article of the
treaty. In other words, all must be now regarded as New Mexico which
was possessed and occupied as New Mexico by citizens of Mexico at the
date of the treaty until a definite line of boundary shall be established
by competent authority.

This assertion of duty to protect the people of New Mexico from
threatened violence, or from seizure to be carried into Texas for trial for
alleged offenses against Texan laws, does not at all include any claim
of power on the part of the Executive to estabUsh any civil or military

72 Messages and Papers of the Presidents

government within that Territory. That power belongs exchisively to
the legislative department, and Congress is the sole judge of the time
and manner of creating or authorizing any such government.

The duty of the Executive extends only to the execution of laws and
the maintenance of treaties already in force and the protection of all the
people of the United States in the enjoyment of the rights which those
treaties and laws guarantee.

It is exceedingly desirable that no occasion should arise for the exer-
cise of the powers thus vested in the President by the Constitution and
the laws. With whatever mildness those powers might be executed,
or however clear the case of necessity, yet consequences might, neverthe-
less, follow of which no human sagacity can foresee either the evils or the
end.

Having thus laid before Congress the communication of his excellency
the governor of Texas and the answer thereto, and having made such
observations as I have thought the occasion called for respecting consti-
tutional obligations which may arise in the further progress of things and
may devolve on me to be performed, I hope I shall not be regarded as
stepping aside from the line of my duty, notwithstanding that I am aware
that the subject is now before both Houses, if I express my deep and ear-
nest conviction of the importance of an immediate decision or arrange-
ment or settlement of the question of boundar)^ between Texas and the
Territory of New Mexico. All considerations of justice, general expedi-
ency, and domestic tranquillity call for this. It seems to be in its char-
acter and by position the first, or one of the first, of the questions growing
out of the acquisition of California and New Mexico, and now requiring
decision.

No government can be established for New Mexico, either State or
Territorial, until it shall be first ascertained what New Mexico is, and
what are her limits and boundaries. These can not be fixed or known
till the line of division between her and Texas shall be ascertained and
established; and numerous and weighty reasons conspire, in my judg-
ment, to show that this divisional line should be established by Congress
with the assent of the government of Texas. In the first place, this seems
by far the most prompt mode of proceeding by which the end can be
accomplished. If judicial proceedings were resorted to, such proceedings
would necessarily be slow, and years would pass by, in all probability,
before the controversy could be ended. So great a delay in this case is
to be avoided if possible. Such delay would be every way inconvenient,
and might be the occasion of disturbances and collisions. For the same
reason I would, with the utmost deference to the wisdom of Congress,
express a doubt of the expediency of the appointment of commissioners,
and of an examination, estimate, and an award of indemnity to be made
by them. This would be but a species of arbitration, which might last
as long as a suit at law.

Millard Fillmore 73

So far as I am able to comprehend the case, the general facts are now
all known, and Congress is as capable of deciding on it justly and prop-
erly now as it probably would be after the report of the commissioners.
If the claim of title on the part of Texas appears to Congress to be well
founded in whole or in part, it is in the competency of Congress to offer
her an indemnity for the surrender of that claim. In a case like this,
surrounded, as it is, by many cogent considerations, all calling for amica-
ble adjustment and immediate settlement, the Government of the United
States would be justified, in my opinion, in allowing an indemnity to
Texas, not unreasonable or extravagant, but fair, liberal, and awarded in
a just spirit of accommodation.

I think no event would be hailed with more gratification by the people
of the United States than the amicable adjustment of questions of diffi-
culty which have now for a long time agitated the country and occupied,
to the exclusion of other subjects, the time and attention of Congress.

Having thus freely communicated the results of my own reflections on
the most advisable mode of adjusting the boundary question, I shall nev-
ertheless cheerfully acquiesce in any other mode which the wisdom of
Congress may devise. And in conclusion I repeat my conviction that
every consideration of the public interest manifests the necessity of a
provision by Congress for the settlement of this boundary question be-
fore the present session be brought to a close. The settlement of other
questions connected with the same sul^ject within the same period is
greatly to ho. desired, but the adjustment of this appears to me to be in
the highest degree important. In the train of such an adjustment we
may well hope that there will follow a return of harmony and good will,
an increased attachment to the Union, and the general satisfaction of the

^°""^^y- MILLARD FILIvMORR.

Washington, Ait(rust S, iSjo.
To the Senale and House of Representatives:

It has been suggested that the language in the first paragraph of my
message to the two Houses of Congress of the 6tli instant may convey
the idea that Governor Bell's letter to my predecessor was recei\-ed by
him Ix'fore his death. It was addressed to him, but appears, in ]x)int of
fact, to have been .sent to me from the post-office after his death.

I make this connnunication to accompany the me.s.sage and prevent
misapprehension. MILLARD FILLMORIv.

Washington, AuQ;iist 10, iS^^o.
To the Senate of the ITnited States:

I transmit herewith a comnuinication from the Dei)artinent of the In-
terior and the papers which accompanied it, being the first part of the

74 Messages and Papers of the Presidents

results of investigations by Henry R. Schoolcraft, esq., under the provi-
sions of an act of Congress approved March 3, 1847, requiring the Secre-
tary of War ' ' to collect and digest such statistics and materials as may
illustrate the history, the present condition, and future prospects of the
Indian tribes of the United States."

MILI.ARD FILLMORE.

Washington, August 2^, 1S50.
To the Senate of the Ufiited States:

I have the honor to transmit herewith a report submitted by the Sec-
retary of the Treasury, to whom was referred the resolution of the Senate
of the 31st July last, requesting to be furnished with certain information
in relation to the commerce, etc., of the district of Brazos Santiago, in

'^^^^®- MILLARD FILLMORE.

Washington, Angtist 26, 1850.
To the Senate of the United States:

I have the honor to inclose herewith a letter just received from the Sec-
retary of War, transmitting a communication from the Colonel of the
Corps of Topographical Engineers, with accompanying papers, which he
requests may be taken as a supplement to the ' ' report and map of Lieu-
tenant J. D. Webster, Corps of Topographical Engineers, of a sui-vey of
the Gulf coast at the mouth of the Rio Grande and its vicinity," called
for by a resolution of the Senate of the ist of July last.

MILLARD FILLMORE.

Washington, September 2, 1850.
To the Senate of the United States:

I have the honor herewith to transmit to your honorable body a report
from the Secretary of the Navy, accompanied by copies of the correspond-
ence relating to the resignation of Edward C. Anderson, a lieutenant in
the Navy, in answer to a resolution of the Senate of August 28, 1850,
adopted in executive session. MILLARD FILLMORE.

Washington, September p, 1850.
To the Senate of the United States:

In answer to a resolution of the Senate of the 5th instant, I have the
honor herewith to transmit to the Senate a letter from the Secretary of
State, accompanied by a copy of the report of the commissioner to China
made in pursuance of the provisions of the act to carry into effect certain
provisions of the treaties between the United States and China and the
Ottoman Porte, giving certain judicial powers, etc.

MILLARD FILLMORE.

Millard Fillmore 75

Washington, September p, 1850.
To the Senate of the United States:

In compliance with the requCvSt of the Hon. Manuel Alvarez, acting
governor, etc., I have the honor to transmit to the Senate herewith a
copy of the constitution recently adopted by the inhabitants of New
Mexico, together with a digest of the votes for and against it.

Congress having just passed a bill providing a Territorial government
for New Mexico, I do not deem it advisable to submit any recommenda-
tion on the subject of a State government.

MILLARD FILLMORE.

Washington, September 12, 1850.
The Speaker of the House of Representatives.

Sir: In answer to a resolution of the House of Representatives adopted
September 2, 1850, calling upon me to communicate the full and exact
cost of each of the lines of mail steamers now in service, etc., I have the
honor to transmit herewith reports from the Secretary of the Navy and
Postmaster- General, containing the desired information.

MILLARD FILLMORE.

Washington, September 16, 1850.
To the Senate of the United States:

In answer to a resolution of the Senate of the 9th instant, adopted in
executive session, asking information in reference to the nomination of
John Howard Payne as consul to Tunis, I have the honor to transmit a
report from the Secretary of State, giving the desired information.

MILLARD FILLMORE.

Washington, September 2j, 1850.
To the Senate and Hotise of Representatives:

Having been informed that it is the wish of the family and relatives of
the late lamented President of the United States that his remains should
be removed to the State of Kentucky, and being desirous of manifesting
the most sincere and profound respect for the character of the deceased,
in which I doubt not Congress will fully concur, I have felt it to be my
duty to make known to you the wishes of the family, that you might pre-
vious to your adjournment adopt such proceedings and take such order
on the subject as in your wisdom may .seem meet and projx^r on the

°^^^'^^°"- MILLARD FILLMORE.

[The remains of the late President of the United States were removed
from Washington to Louisville, Ky., October 25, 1850.]

76 Messages aiid Papers of the Presidents

Washington, September ^7, 1850.
To the Senate of the United States:

I herewith transmit to the Senate, in answer to their resolution of the
23d instant, a report from the Secretary of State, with the papers* therein
referred to. MILLARD FILLMORE.

Washington, September 28, 1850.
To the Senate of the United States:

In answer to your resolution of the 24tli instant, expressing an opin-
ion adverse to the alleged resignation of Lieutenant Anderson, of the
Navy, I have the honor herewith to transmit a report from the Secre-
tary of the Navy, accompanied by the correspondence in reference to
such resignation.

Regarding the opinion of the Senate in this matter with the most pro-
found respect, I have given to the subject the most anxious considera-
tion, and submitted the question to the deliberation of my Cabinet, and
after a careful examination of the whole correspondence they are unani-
mously of opinion that Lieutenant Anderson tendered his resignation,
which was duly accepted, and that he was therefore rightfully dropped
from the Register. I concur fully in this opinion. With these convic-
tions I feel compelled to adhere to the decision of my lamented predeces-
sor, and can only regret that I have the misfortune in this instance to
differ from those for whom, individually and collectively, I entertain the
highest respect. MILLARD FILLMORE.

PROCLAMATION.

By the; President of the United States of America.

A proclamation.

Whereas hy an act of the Congress of the United States of the 24th
of May, 1828, entitled "An act in addition to an act entitled 'An act
concerning discriminating duties of tonnage and impost ' and to equalize
the duties on Prussian vessels and their cargoes," it is provided that
upon satisfactory^ evidence being given to the President of the United
States by the government of any foreign nation that no discriminating
duties of tonnage or impost are imposed or levied in the ports of the said
nation upon vessels wholly 1)elonging to citizens of the United vStates, or
upon the produce, manufactures, or merchandise imported in the same
from the United States or from an}^ foreign country, the President is
thereby authorized to issue his proclamation declaring that the foreign
discriminating duties of tonnage and impost within the United States

♦Communications from the United States minister to Turkey relative to the Hungarian exiles.

Millard Fillmore 77

are and shall be suspended and discontinued so far as respects the vessels
of the said foreign nation and the produce, manufactures, or merchan-
dise imported into the United States in the same from the said foreign
nation or from any other foreign country, the said suspension to take
effect from the time of such notification being given to the President of
the United States and to continue so long as the reciprocal exemption
of vessels belonging to citizens of the United States and their cargoes, as
aforesaid, shall be continued, and no longer; and

Whereas satisfactory evidence has lately been received by me from
the Government of the Republic of Chile, through an official communi-
cation of Seiior Don Manuel Carvallo, accredited to this Gov^ernment as
envoy extraordinary and minister plenipotentiary of that Republic, under
date of the 31st of October, 1850, that no other or higher duties of ton-
nage and impost are imposed or levied in the ports of Chile upon vessels
wholly belonging to citizens of the United States and upon the produce,
manufactures, or merchandise imported in the same from the United
States and from any foreign country whatever than are levied on Chilean
ships and their cargoes in the same ports and under like circumstances:

Now, therefore, I, Millard Fillmore, President of the United States of
America, do hereby declare and proclaim that so much of the several acts
imposing discriminating duties of tonnage and impost within the United
States are and shall be suspended and discontinued so far as respects
the vessels of Chile and the produce, manufactures, and merchandise
imported into the United States in the same from Chile and from any
other foreign country whatever, the said suspension to take effect from
the day above mentioned and to continue thenceforward so long as the
reciprocal exemption of the vessels of the United States and the prod-
uce, manufactures, and merchandise imported into Cliile in the same,
as aforesaid, shall be continued on the part of the Government of Chile.

Giv^en under my hand, at the city of Washington, this ist day of No-
vember, A. D. 1850, and the seventy-fifth of the Independence of the
United States. MILLARD FILLMORK.

By the President:

W. S. DiCRKiCK, Acting Secretary of State.

FIRST ANNUAL AIESSAGE.

Washington, nccoiilnr 2, /A'j^j.
Fellow-Citizens of the Senate and of the House of Representatives:

Being suddenly called in the midst of the last session of Congress by
a painful dispensation of Divine Providence to the resp()iisil)k- station
which I now hold, I contented myself with such communications to the
Legislature as the exigency of the moment seemed to require. The

yS Messages and Papers of the Presidents

country was shrouded in mourning for the loss of its venerable Chief
Magistrate and all hearts were penetrated with grief. Neither the
time nor the occasion appeared to require or to justify on my part any
general expression of political opinions or any announcement of the
principles which would govern me in the discharge of the duties to the
performance of which I had been so unexpectedly called. I trust, there-
fore, that it may not be deemed inappropriate if I avail myself of this
opportunity of the reassembling of Congress to make known my senti-
ments in a general manner in regard to the policy which ought to be
pursued by the Government both in its intercourse with foreign nations
and its management and administration of internal affairs.

Nations, like individuals in a state of nature, are equal and independ-
ent, possessing certain rights and owing certain duties to each other,
arising from their necessary and unavoidable relations; which rights
and duties there is no common human authority to protect and enforce.
Still, they are rights and duties, binding in morals, in conscience, and
in honor, although there is no tribunal to which an injured party can
appeal but the disinterested judgment of mankind, and ultimately the
arbitrament of the sword.

Among the acknowledged rights of nations is that which each possesses
of establishing that form of government which it may deem most condu-
cive to the happiness and prosperity of its own citizens, of changing that
form as circumstances may require, and of managing its internal affairs
according to its own will. The people of the United States claim this
right for themselves, and they readily concede it to others. Hence it
becomes an imperative duty not to interfere in the government or inter-
nal policy of other nations; and although we may sympathize with the
unfortunate or the oppressed everywhere in their struggles for freedom,
our principles forbid us from taking any part in such foreign contests.
We make no wars to promote or to prevent successions to thrones, to
maintain any theory of a balance of power, or to suppress the actual gov-
ernment which any country chooses to establish for itself. We instigate
no revolutions, nor suffer any hostile military expeditions to be fitted out
in the United States to invade the territory or provinces of a friendly
nation. The great law of morality ought to have a national as well as a
personal and individual application. We should act toward other nations
as we wish them to act toward us, and justice and conscience should form
the rule of conduct between governments, instead of mere power, self-
interest, or the desire of aggrandizement. To maintain a strict neutrality
in foreign wars, to cultivate friendly relations, to reciprocate every noble
and generous act, and to perform punctually and scrupulously every treaty
obligation — these are the duties which we owe to other states, and by the
performance of which we best entitle ourselves to like treatment from
them; or, if that, in any case, be refused, we can enforce our own rights
with justice and a clear conscience.

Millard Fillmore 79

In our domestic policy the Constitution will be my guide, and in ques-
tions of doubt I shall look for its interpretation to the judicial decisions
of that tribunal which was established to expound it and to the usage of
the Government, sanctioned by the acquiescence of the country. I regard
all its provisions as equally binding. In all its parts it is the will of the
people expressed in the most solemn form, and the constituted authori-
ties are but agents to carry that will into effect. Every power which
it has granted is to be exercised for the public good; but no pretense of
utility, no honest conviction, even, of what might be expedient, can jus-
tify the assumption of any power not granted. The powers conferred
upon the Government and their distribution to the several departments
are as clearlj^ expressed in that sacred instrument as the imperfection of
human language will allow, and I deem it my first duty not to question
its wisdom, add to its provisions, evade its requirements, or nullify its
commands.

Upon you, fellow-citizens, as the representatives of the States and the
people, is wisely devolved the legislative power. I shall comply with
my duty in laying before you from time to time any information calcu-
lated to enable you to discharge your high and responsible trust for the
benefit of our common constituents.

My opinions will be frankly expressed upon the leading subjects of
legislation; and if — which I do not anticipate — any act should pass the
two Houses of Congress which should appear to me unconstitutional, or
an encroachment on the just powers of other departments, or with pro-
visions hastily adopted and likely to produce consequences injurious and
unforeseen, I should not shrink from the duty of returning it to you, with
my reasons, for your further consideration. Beyond the due perform-
ance of these constitutional obligations, both my respect for the Legis-
lature and my sense of propriety will restrain me from any attempt to
control or influence j-our proceedings. With you is the power, the honor,
and the responsibility of the legislation of the country.

The Government of the United States is a limited Government. It is
confined to the exercise of powers expressly granted and such others as
may be necessary for carrying those powers into eff'ect; and it is at all
times an especial duty to guard against any infringement on the just
rights of the States. Over the objects and subjects intrusted to Con-
gress its legislative authority is supreme. But here that authority ceases,
and every citizen who truly loves the Con.stitution and desires the con-
tinuance of its existence and its blessings will resolutely and firmly resist
any interference in those domestic affairs which the Constitution has
clearly and unequivocally left to the exclusive authority of the vStatcs.
And every such citizen will al.so deprecate useless irritation among the
several members of the Union and all reproach and crimination tending to
alienate one portion of the country from another. The l)eauty of onr sys-
tem of government consists, and its safety and durability nuist consist,

8o Messages and Papers of the Presidents

in avoiding mutual collisions and encroachments and in the regular sepa-
rate action of all, while each is revolving in its own distinct orbit.

The Constitution has made it the duty of the President to take care that
the laws be faithfully executed. In a government like ours, in which all
laws are passed by a majority of the representatives of the people, and
these representatives are chosen for such short periods that any injurious
or obnoxious law can very soon be repealed , it would appear unlikely that
any great numbers should be found ready to resist the execution of the
laws. But it must be borne in mind that the country is extensive; that
there may be local interests or prejudices rendering a law odious in one
part which is not so in another, and that the thoughtless and inconsid-
erate, misled by their passions or their imaginations, may be induced
madly to resist such laws as they disapprove. Such persons should recol-
lect that without law there can be no real practical liberty; that when
law is trampled under foot tyranny rules, whether it appears in the form
of a military despotism or of popular violence. The law is the only sure
protection of the weak and the only efficient restraint upon the strong.
When impartially and faithfully administered, none is beneath its protec-
tion and none above its control. You, gentlemen, and the country may
be assured that to the utmost of my ability and to the extent of the power
vested in me I shall at all times and in all places take care that the laws
be faithfully executed. In the discharge of this duty, solemnly imposed
upon me by the Constitution and by my oath of ofhce, I shall shrink from
no responsibility, and shall endeavor to meet events as they may arise
with firmness, as well as with prudence and discretion.

The appointing power is one of the most delicate with which the Ex-
ecutive is invested. I regard it as a sacred trust, to be exercised with
the sole view of advancing the prosperity and happiness of the people.
It shall be my effort to elevate the standard of official employment by
selecting for places of importance individuals fitted for the posts to
which they are assigned by their known integrity, talents, and virtues.
In so extensive a country, with so great a population, and where few
persons appointed to office can be known to the appointing power, mis-
takes will sometimes unavoidably happen and unfortunate appointments
be made notwithstanding the greatest care. In such cases the power of
removal may be properly exercised; and neglect of duty or malfeasance
in office will be no more tolerated in individuals appointed by myself than
in those appointed by others.

I am happy in being able to say that no unfavorable change in our
foreign relations has taken place since the message at the opening of the
last session of Congress. We are at peace with all nations and we enjoy
in an eminent degree the blessings of that peace in a prosperous and
growing commerce and in all the forms of amicable national intercourse.
The unexampled growth of the country, the present amount of its popu-
lation, and its ample means of self-protection assure for it the respect of

Millard Fillmore 8i

all nations, while it is trusted that its character for justice and a regard
to the rights of other States will cause that respect to be readily and
cheerfully paid.

A convention was negotiated between the United States and Great
Britain in April last for facilitating and protecting the construction of
a ship canal between the Atlantic and Pacific oceans and for other pur-
poses. The instrument has since been ratified by the contracting parties,
the exchange of ratifications has been effected, and proclamation thereof
has been duly made.

In addition to the stipulations contained in this convention, two other
objects remain to be accomplished between the contracting powers:

First. The designation and establishment of a free port at each end of
the canal.

Second. An agreement fixing the distance from the shore within which
belligerent maritime operations shall not be carried on.

On these points there is little doubt that the two Governments will
come to an understanding.

The company of citizens of the United States who have acquired from
the State of Nicaragua the privilege of constructing a ship canal between
the two oceans through the territory of that State have made progress
in their preliminary arrangements. The treaty between the United States
and Great Britain of the 19th of April last, above referred to, being now
in operation, it is to be hoped that the guaranties which it offers will be
sufficient to secure the completion of the work with all practicable expe-
dition. It is obvious that this result would be indefinitely postponed
if any other than peaceful measures for the purpose of harmonizing con-
flicting claims to territory in that quarter should be adopted. It will
consequently be my endeavor to cause any further negotiations on the
part of this Government which may be requisite for this purpose to be
so conducted as to bring them to a speedy and successful close.

Some unavoidable delay has occurred, arising from distance and the
difficulty of intercour.se between this Government and that of Nicaragua,
but as intelligence has just teen received of the apjx)intment of an envoy
extraordinary and mini.ster plenipotentiary of that Government to reside
at Washington, whose arrival may soon be expected, it is hoped that
no further impediments will be experienced in the prompt transaction
of business lietween the two Governments.

Citizens of the United States have undertaken the connection of the
two oceans by means of a railroad across the Istlnnus of Tehuantepec,
under grants of the Mexican Government to a citizen of that Republic.
It is understood that a thorough .survey of the course of the connnunica-
tion is in preparation, and there is every reason to cx|K'ct that it will l)e
pro.secuted with characteristic energy, especially when that (^ovennnent
shall have con.sented to such stipulations with the Government of the
United States as may be necessary to impart a feeling of security to those
M P— vol, v— 6

82 Messages and Papers of the Presidents

who may embark their property in the enterprise. Negotiations are
pending for the accompHshment of that object, and a hope is confidently
entertained that when the Government of Mexico shall become duly sen-
sible of the advantages which that country can not fail to derive from
the work, and learn that the Government of the United States desires
that the right of sovereignty of Mexico in the Isthmus shall remain
unimpaired, the stipulations referred to will be agreed to with alacrity.

By the last advices from Mexico it would appear, however, that that
Government entertains strong objections to some of the stipulations which
the parties concerned in the project of the railroad deem necessary for
their protection and security. Further consideration, it is to be hoped,
or some modification of terms, may yet reconcile the differences existing
between the two Governments in this respect.

Fresh instructions have recently been given to the minister of the
United States in Mexico, who is prosecuting the subject with prompti-
tude and ability.

Although the negotiations with Portugal for the payment of claims
of citizens of the United States against that Government have not yet
resulted in a formal treaty, yet a proposition, made by the Government
of Portugal for the final adjustment and payment of those claims, has
recently been accepted on the part of the United States. It gives me
pleasure to say that Mr. Clay, to whom the negotiation on the part of
the United States had been intrusted, discharged the duties of his appoint-
ment with ability and discretion, acting always within the instructions
of his Government.

It is expected that a regular convention will be immediately negotiated
for carrying the agreement between the two Governments into effect.

The commissioner appointed under the act of Congress for carrying into
effect the convention with Brazil of the 27th of January, 1849, has entered
upon the performance of the duties imposed upon him by that act. It is
hoped that those duties may be completed within the time which it pre-
scribes. The documents, however, which the Imperial Government, by
the third article of the convention, stipulates to furnish to the Government
of the United States have not 5'et been received. As it is presumed that
those documents will be essential for the correct disposition of the claims,
it may become necessary for Congress to extend the period limited for
the duration of the commission. The sum stipulated by the fourth arti-
cle of the convention to be paid to this Government has been received.

The collection in the ports of the United States of discriminating duties
upon the vessels of Chili and their cargoes has been suspended, pursuant
to the provisions of the act of Congress of the 24th of May, 1828. It is to
be hoped that this measure will impart a fresh impulse to the commerce
between the two countries, which of late, and especially since our acqui-
sition of California, has, to the mutual advantage of the parties, been
much augmented.

Millard Fillmore 83

Peruvian guano has become so desirable an article to the agricultural
interest of the United States that it is the duty of the Government to
employ all the means properly in its power for the purpose of causing
that article to be imported into the country at a reasonable price. Noth-
ing will be omitted on my part toward accomplishing this desirable end.
I am persuaded that in removing any restraints on this traffic the Peru-
vian Government will promote its own best interests, while it will afford
a proof of a friendly disposition toward this country, which will be duly
appreciated.

The treaty between the United States and His Majesty the King of
the Hawaiian Islands, which has recently been made public, will, it is
believed, have a beneficial effect upon the relations between the two
countries.

The relations between those parts of the island of St. Domingo which
were formerly colonies of Spain and France, respectively, are still in an
unsettled condition. The proximity of that island to the United States
and the delicate questions involved in the existing controversy there
render it desirable that it should be permanently and speedily adjusted.
The interests of humanity and of general commerce also demand this;
and as intimations of the same sentiment have been received from other
governments, it is hoped that some plan may soon be devised to effect the
object in a manner likely to give general satisfaction. The Government
of the United States will not fail, by the exercise of all proper friendly
offices, to do all in its power to put an end to the destructive war which
has raged between the different parts of the island and to secure to them
both the benefits of peace and commerce.

I refer you to the report of the Secretary of the Treasury for a detailed
statement of the finances.

The total receipts into the Treasury for the year ending 30th of June
last were $47,421,748.90.

The total expenditures during the same period were $43,002,168.90.

The public debt has been reduced since the last annual report from the
Treasury Department $495,276.79.

By the nineteenth section of the act of 28th January, 1847, the pro-
ceeds of the sales of the public lands were pledged for the interest and
principal of the public debt. The great amount of those lands subse-
quently granted by Congress for military bounties will, it is believed,
very nearly supply the public demand for several years to come, ami but
little reliance can, therefore, \:xt placed on that hitherto fruitful source of
revenue. Aside from the permanent annual expenditures, which have
necessarily largely increa.sed, a |X)rtion of the public debt, amounting t<i
$8,075,986.59, mu.st Ixi provided for within the next two fiscal > ears. It
is most desirable that these accruing demands should Ix? met without
resorting to new loans.

All experience has demonstrated the wisdom and policy of raising a

84 Messages and Papers of the Presidents

large portion of revenue for the support of Government from duties on
goods imported. The power to lay these duties is unquestionable, and
its chief object, of course, is to replenish the Treasur)-. But if in doing
this an incidental advantage may be gained by encouraging the industry
of our own citizens, it is our duty to avail ourselves of that advantage.

A duty laid upon an article which can not be produced in this coun-
try, such as tea or coffee, adds to the cost of the article, and is chiefly
or wholly paid by the consumer. But a duty laid upon an article which
may be produced here stimulates the skill and industry of our own coun-
try to produce the same article, which is brought into the market in com-
petition with the foreign article, and the importer is thtis compelled to
reduce his price to that at which the domestic article can be sold, thereby
throwing a part of the duty upon the producer of the foreign article. The
continuance of this process creates the skill and invites the capital which
finally enable us to produce the article much cheaper than it could have
been procured from abroad, thereby benefiting both the producer and
the consumer at home. The consequence of this is that the artisan
and the agriculturist are brought together, each affords a ready market
for the produce of the other, the whole country becomes prosperous, and
the ability to produce every necessary of life renders us independent in
war as well as in peace.

A high tariff can never be permanent. It will cause dissatisfaction,
and will be changed. It excludes competition, and thereby invites the
investment of capital in manufactures to vSucli excess that when changed
it brings distress, bankruptc3% and ruin upon all who have been misled
by its faithless protection. What the manufacturer wants is uniformity
and permanency, that he may feel a confidence that he is not to be ruined
by sudden changes. But to make a tariff uniform and permanent it is
not only necessary that the laws should not be altered, but that the duty
should not fluctuate. To effect this all duties should be specific wher-
ever the nature of the article is such as to admit of it. Ad valorcfn duties
fluctuate with the price and offer strong temptations to fraud and per-
jury. Specific duties, on the contrary, are equal and uniform in all ports
and at all times, and offer a strong inducement to the importer to bring
the best article, as he paj'S no more duty upon that than upon one of
inferior quality. I therefore strongly recommend a modification of the
present tariff, which has prostrated some of our most important and nec-
essary manufactures, and that specific duties be imposed sufficient to raise
the requisite revenue, making such discriminations in favor of the in-
dustrial pursuits of our own country as to encourage home production
without excluding foreign competition. It is also important that an
unfortunate provision in the present tariff, which imposes a much higher
duty upon the raw material that enters into our manufactures than upon
the manufactured article, should be remedied.

The papers accompanying the report of the Secretary of the Treasury

Millard Fillmore 85

will disclose frauds attempted upon the revenue, in variety and amount
so great as to justify the conclusion that it is impossible under any sys-
tem of ad valorem duties levied upon the foreign cost or value of the
article to secure an honest observance and an effectual administration of
the laws. The fraudulent devices to evade the law which have been
detected by the vigilance of the appraisers leave no room to doubt that
similar impositions not discovered, to a large amount, have been success-
fully practiced since the enactment of the law now in force. This state
of things has already had a prejudicial influence upon those engaged in
foreign commerce. It has a tendency to drive the honest trader from the
business of importing and to throw that important branch of emplo^-nient
into the hands of unscrupulous and dishonest men, who are alike regard-
less of law and the obligations of an oath. By these means the plain
intentions of Congress, as expressed in the law, are daily defeated. Every
motive of policy and duty, therefore, impels me to ask the earnest atten-
tion of Congress to this subject. If Congress should deem it unwise to
attempt any important changes in the system of levying duties at this
session, it will become indispensable to the protection of the revenue that
such remedies as in the judgment of Congress may mitigate the evils
complained of should be at once applied.

As before stated, specific duties would, in my opinion, afford the most
perfect remedy for this evil; but if you should not concur in this view,
then, as a partial remedy, I beg leave respectfully to recommend that
instead of taking the invoice of the article abroad as a means of deter-
mining its value here, the correctness of which invoice it is in many cases
impossible to verify, the law be so changed as to require a home valua-
tion or appraisal, to be regulated in such manner as to give, as far as
practicable, uniformity in the several ports.

There l^eing no mint in California, I am informed that the laborers in
the mines are compelled to dispose of their gold dust at a large discount.
This appears to me to be a heavy and unjust tax upon the labor of those
employed in extracting this precious metal, and I doubt not you will l)e
di.sposed at the earliest period possible to relieve them from it by the
establi.shment of a mint. In the meantime, as an assayer's office is estab-
lished there, I would respectfully submit for your consideration the j^ro-
priety of authorizing gold bullion which has been assayed and .stamped
to be received in payment of Government dues. I can not conceive that
the Treasury would suffer any lo.ss by .such a provision, which will at
once raise bullion to its par value, and thereby save (if I am rigluly
informed) many millions of dollars to the lalxjrers which arc now ])aid in
brokerage to convert this precious metal into available funds. This dis-
count upon their hard earnings is a heavy tax, and every effort .should be
made by the Government to relieve them from so great a l)urden.

More than three-fourths of our population are engaged in the cul-
tivation of the soil. The commercial, matuifacturing, and navigating

86 Messages and Papers of the Presidents

interests are all to a great extent dependent on the agricultural. It is
therefore the most important interest of the nation, and has a just claim
to the fostering care and protection of the Government so far as they
can be extended consistently with the provisions of the Constitution. As
this can not be done by the ordinary modes of legislation, I respectfully
recommend the establishment of an agricultural bureau, to be charged
with the duty of giving to this leading branch of American industry the
encouragement which it so well deserves. In view of the immense min-
eral resources of our country, provision should also be made for the
employment of a competent mineralogist and chemist, who should be
required, under the direction of the head of the bureau, to collect speci-
mens of the various minerals of our country and to ascertain by careful
anal^'sis their respective elements and properties and their adaptation to
useful purposes. He should also be required to examine and report upon
the qualities of different soils and the manures best calculated to improve
their productiveness. By publishing the results of such experiments,
with suitable explanations, and by the collection and distribution of rare
seeds and plants, with instructions as to the best system of cultivation,
much may be done to promote this great national interest.

In compliance with the act of Congress passed on the 23d of May,
1850, providing, among other things, for taking the Seventh Census, a
superintendent was appointed and all other measures adopted which
were deemed necessary to insure the prompt and faithful performance
of that duty. The appropriation already made will, it is believed, be
suihcient to defray the whole expense of the work, but further legisla-
tion may be necessary in regard to the compensation of some of the
marshals of the Territories. It will also be proper to make provision by
law at an early day for the publication of such abstracts of the returns
as the public interests may require.

The unprecedented growth of our territories on the Pacific in wealth
and population and the consequent increase of their social and commer-
cial relations with the Atlantic States seem to render it the duty of the
Government to use all its constitutional power to improve the means of
intercourse with them. The importance of opening "a line of communi-
cation, the best and most expeditious of which the nature of the country
will admit," between the Valley of the Mississippi and the Pacific was
brought to your notice by my predecessor in his annual message; and as
the reasons which he presented in favor of the measure still exist in full
force, I beg leave to call your attention to them and to repeat the recom-
mendations then made by him.

The uncertainty which exists in regard to the validity of land titles in
California is a subject which demands your early consideration. . Large
bodies of land in that State are claimed under grants said to have been
made by authority of the Spanish and Mexican Governments. Many of
these have not been perfected, others have been revoked, and some are

Millard Fillmore 87

believed to be fraudulent. But until they shall have been judicially in-
vestigated they will continue to retard the settlement and improvement
of the country'. I therefore respectfully recommend that provision be
made by law for the appointment of commissioners to examine all such
claims with a view to their final adjustment.

I also beg leave to call your attention to the propriety of extending at
an early day our system of land laws, with such modifications as may
be necessar>^, over the State of California and the Territories of Utah
and New Mexico. The mineral lands of California wull, of course, form
an exception to any general system which may be adopted. Various
methods of disposing of them have been suggested. I was at first in-
clined to favor the system of leasing, as it seemed to promise the largest
revenue to the Government and to afford the best security against mo-
nopolies; but further reflection and our experience in leasing the lead
mines and selling lands upon credit have brought my mind to the con-
clusion that there would be great difficulty in collecting the rents, and
that the relation of debtor and creditor between the citizens and the
Government would be attended with many mischievous consequences.
I therefore recommend that instead of retaining the mineral lands under
the permanent control of the Government they be divided into small
parcels and sold, under such restrictions as to quantity and time as will
insure the best price and guard most effectually against combinations of
capitalists to obtain monopolies.

The annexation of Texas and the acquisition of California and New
Mexico have given increased importance to our Indian relations. The
various tribes brought under our jurisdiction by these enlargements of
our boundaries are estimated to embrace a population of 124,000.

Texas and New Mexico are surrounded by powerful tribes of Indians,
who are a source of constant terror and annoyance to the inhabitants.
Separating into small predatory bands, and always mounted, they over-
run the country, devastating fanns, destro^-ing crops, driving off whole
herds of cattle, and occasionally murdering the inhabitants or carrying
them into captivity. The great roads leading into the country are in-
fested with them, whereby traveling is rendered extremel}' dangerous
and immigration is almost entirely arrested. The Mexican frontier,
which by the eleventh article of the treaty of Guadalupe Hidalgo we
are Ixjund to protect against the Indians within our border, is exposed to
these incunsions equally with our own. The military force .stationed in
that country, although forming a large proportion of the Army, is repre-
sented as entirely inadequate to our own protection and the fulfillment
of our treaty stipulations with Mexico. The principal deficiency is in
cavalry, and I reconnncnd that Congress should, at as early a jK'riod as
practicable, provide for the raising of one or more regiments of mounted
men.

For further suggestions ou this subject and others connected with our

88 Messages and Papers of the Presidents

domestic interests and the defense of our frontier, I refer yoxi to the
reports of the Secretary of the Interior and of the Secretary of War.

I commend also to your favorable consideration the suggestion con-
tained in the last-mentioned report and in the letter of the General in
Chief relative to the establishment of an asylum for the relief of dis-
abled and destitute soldiers. This subject appeals so strongly to your
sympathies that it would be superfluous in me to say anything more
than barely to express my cordial approbation of the proposed object.

The Navy continues to give protection to our commerce and other
national interests in the different quarters of the globe, and, with the
exception of a single steamer on the Northern lakes, the vessels in com-
mission are distributed in six different squadrons.

The report of the head of that Department will exhibit the services
of these squadrons and of the several vessels employed in each during
the past year. It is a source of gratification that, while they have been
constantly prepared for any hostile emergency, they have everywhere
met with the respect and courtesy due as well to the dignity as to the
peaceful dispositions and just purposes of the nation.

The two brigantines accepted by the Government from a generous
citizen of New York and placed under the command of an officer of the
Navy to proceed to the Arctic Seas in quest of the British commander
Sir John Franklin and his companions, in compliance with the act of
Congress approved in May last, had when last heard from penetrated
into a high northern latitude; but the success of this noble and humane
enterprise is yet uncertain.

I invite your attention to the view of our present naval establishment
and resources presented in the report of the Secretary of the Navy, and
the suggestions therein made for its improvement, together with the
naval policy recommended for the security of our Pacific Coast and the
protection and extension of our commerce with eastern Asia. Our
facilities for a larger participation in the trade of the East, by means of
our recent settlements on the shores of the Pacific, are too obvious to
be overlooked or disregarded.

The questions in relation to rank in the Army and Navy and relative
rank between officers of the two branches of the service, presented to the
Executive by certain resolutions of the House of Representatives at the
last session of Congress, have been submitted to a board of officers in each
branch of the service, and their report may be expected at an earl}' day.

I also earnestly recommend the enactment of a law authorizing officers
of the Army and Navy to be retired from the service when incompetent
for its vigorous and active duties, taking care to make suitable provi-
sion for those who have faithfully served their country' and awarding
distinctions by retaining in appropriate commands those who have been
particularly conspicuous for gallantry and good conduct. While the
obligation of the country to maintain and honor those who, to the exclu-

Millard Filbnore 89

sion of other pursuits, have devoted themselves to its arduous servdce is
acknowledged, this obligation should not be permitted to interfere with
the efificiency of the service itself.

I am gratified in being able to state that the estimates of expenditure
for the Navy in the ensuing year are less by more than $1,000,000 than
those of the present, excepting the appropriation which may become nec-
essary for the construction of a dock on the coast of the Pacific, proposi-
tions for which are now being considered and on which a special report
may be expected early in your present session.

There is an evident justness in the suggestion of the same report that
appropriations for the naval service proper should be separated from
those for fixed and permanent objects, such as building docks and navy-
yards and the fixtures attached, and from the extraordinary objects
under the care of the Department which, however important, are not
essentially naval.

A revision of the code for the government of the Navy seems to require
the immediate consideration of Congress. Its system of crimes and pun-
ishments had undergone no change for half a century until the last ses-
sion, though its defects have been often and ably pointed out; and the
abolition of a particular species of corporal punishment, which then took
place, without providing any substitute, has left the service in a state of
defectiveness which calls for prompt correction. I therefore reconnnend
that the whole subject be revised without delay and such a system estab-
lished for the enforcement of discipline as shall l)e at once humane and
effectual.

The accompanying report of the Postmaster- General presents a satis-
factory view of the operations and condition of that Department.

At the close of the last fiscal year the length of the inland mail routes
in the United States (not embracing the service in Oregon and Califor-
nia) was 178,672 miles, the annual transportation thereon 46,541,423
miles, and the annual cost of such transportation $2,724,426.

The increase of the annual transportation over that of the precedinr
year was 3,997,354 miles and the increase in cost was $342,440.

The number of post-offices in the United States on the ist day of Jul>
last was 18,417, being an increase of 1,670 during the ])receding year.

The gross revenues of the Department for the fiscal year ending June
30, 1850, amounted to $5,552,971.48, including the annual api^rojiriation
of $200,000 for the franked matter of the Departments and exchuling
the foreign postages collected for and payable to the British (lOVL-nniient.

The expenditures for the .same ])eriod were $5,212,953.43, leaving a
balance of revetnie over expenditures of $340,018.05.

I am happy to find that the fiscal condition of the Dejxirtincnt is sucli
as to justify the Postmaster-General in reconunending the reduction of
our inland letter postage to 3 cents tlie single letter when jjrcjiaid and 5
cents when not prepaid. He also recommends that the prepaid rate shall

go Messages and Papers of the Presidents

be reduced to 2 cents whenever the revenues of the Department, after the
reduction, shall exceed its expenditures by more than 5 per cent for two
consecutive years; that the postage upon California and other letters sent
by our ocean steamers shall be much reduced, and that the rates of post-
age on newspapers, pamphlets, periodicals, and other printed matter shall
be modified and some reduction thereon made.

It can not be doubted that the proposed reductions will for the pres-
ent diminish the revenues of the Department. It is believed that the
deficiency, after the surplus already accumulated shall be exhausted, may
be almost wholly met either by abolishing the existing privileges of send-
ing free matter through the mails or by paying out of the Treasur}^ to
the Post-Office Department a sum equivalent to the postage of which it
is deprived by such privileges. The last is supposed to be the preferable
mode, and will, if not entirely, so nearly supply that deficiency as to make
any further appropriation that may be found necessary so inconsiderable
as to form no obstacle to the proposed reductions.

I entertain no doubt of the authority of Congress to make appropria-
tions for leading objects in that class of public works comprising what
are usually called works of internal improvement. This authority I sup-
pose to be derived chiefly from the power of regulating commerce with
foreign nations and among the States and the power of laying and col-
lecting imposts. Where commerce is to be carried on and imposts
collected there must be ports and harbors as well as wharves and cus-
tom-houses. If .ships laden with valuable cargoes approach the shore
or sail along the coast, light-houses are necessary at suitable points for
the protection of life and property. Other facilities and securities for
commerce and navigation are hardly less important; and those clauses of
the Constitution, therefore, to which I have referred have received from
the origin of the Government a liberal and beneficial construction. Not
only have light-houses, buoj'S, and beacons been established and float-
ing lights maintained, but harbors have been cleared and improved, piers
constructed, and even breakwaters for the safety of shipping and .sea
walls to protect harbors from being filled up and rendered useless by the
action of the ocean, have been erected at very great expense. And this
construction of the Constitution appears the more reasonable from the
consideration that if these works, of such evident importance and utility,
are not to be accomplished by Congress they can not be accomplished at
all. By the adoption of the Constitution the several States voluntarily
parted with the power of collecting duties of imposts in their own ports,
and it is not to be expected that they should raise money b}' internal
taxation, direct or indirect, for the benefit of that commerce the rev-
enues derived from which do not, either in whole or in part, go into their
own treasuries. Nor do I perceive any difference between the power of
Congress to make appropriations for objects of this kind on the ocean
and the power to make appropriations for similar objects on lakes and

Millard Fillmore 91

rivers, wherever they are large enough to bear on their waters an exten-
sive traflSc. The magnificent Mississippi and its tributaries and the vast
lakes of the North and Northwest appear to me to fall within the ex-
ercise of the power as justly and as clearly as the ocean and the Gulf
of Mexico. It is a mistake to regard expenditures judiciously made
for these objects as expenditures for local purposes. The position or
sight of the work is necessarily local, but its utility is general. A ship
canal around the Falls of St. Mary of less than a mile in length, though
local in its construction, would yet be national in its purpose and its
benefits, as it would remove the only obstruction to a navigation of more
than 1,000 miles, affecting several States, as well as our commercial rela-
tions with Canada. So, too, the breakwater at the mouth of the Dela-
ware is erected, not for the exclusive benefit of the States bordering on
the bay and river of that name, but for that of the whole coastwise navi-
gation of the United States and, to a considerable extent, also of foreign
commerce. If a ship be lost on the bar at the entrance of a Southern
port for want of sufiicient depth of water, it is very likely to be a North-
ern ship; and if a steamboat be sunk in any part of the Mississippi on
account of its channel not having been properly cleared of obstructions,
it may be a boat belonging to either of eight or ten States. I may add,
as somewhat remarkable, that among all the thirty-one States there is
none that is not to a greater or less extent bounded on the ocean, or the
Gulf of Mexico, or one of the Great Lakes, or some navigable river.

In fulfilling our constitutional duties, fellow-citizens, on this subject,
as in carrying into effect all other powers conferred by the Constitution,
we should consider ourselves as deliberating and acting for one and the
same country, and bear constantly in mind that our regard and our duty
are due not to a particular part onl}^ but to the whole.

I therefore recommend that appropriations be made for completing
such works as have been already begun and for commencing such others
as may seem to the wi.sdom of Congress to be of public and general im-
portance.

The difficulties and delays incident to the settlement of private claims
by Congress amount in many cases to a denial of ju.stice. Tliere is
reason to apprehend that many unfortunate creditors of the Government
have thereby been unavoidably ruined. Congress lias so nuich business
of a public character that it is impossible it should give nutch attention
to mere private claims, and their accumulation is now so great that many
claimants mu.st despair of ever l:)eing able to obtain a hearing. It may
well l)e doubted whether Congress, from the nature of its organi/atioii,
is properly con.stituted to decide U|X)n .such ca.ses. It is imix)ssible that
each member should examine the merits of every claim on whicli he is
compelled to vote, and it is preposterous to a.sk a judge to decide a ca.se
which he has never heard. Such decisions may, and frecinently imist,
do injustice either to the claimant or the Government, and I i)erceivc

92 Messages and Papers of the Presidents

no better remedy for this growing evil than the estabhshment of some
tribunal to adjudicate upon such claims. I beg leave, therefore, most
respectfully to recommend that provision be made by law for the ap-
pointment of a commission to settle all private claims against the United
States; and as an ex parte hearing must in all contested cases be very
unsatisfactory, I also recommend the appointment of a solicitor, whose
duty it shall be to represent the Government before such commission
and protect it against all illegal, fraudulent, or unjust claims which may
be presented for their adjudication.

This District, which has neither voice nor vote in your deliberations,
looks to you for protection and aid, and I commend all its wants to your
favorable consideration, with a full confidence that you will meet them
not only with justice, but with liberality. It should be borne in mind
that in this city, laid out by Washington and consecrated by his name, is
located the Capitol of our nation, the emblem of our Union and the
symbol of our greatness. Here also are situated all the public buildings
necessary for the use of the Government, and all these are exempt from
taxation. It should be the pride of Americans to render this place
attractive to the people of the whole Republic and convenient and safe
for the transaction of the public business and the preservation of the
public records. The Government should therefore bear a liberal pro-
portion of the burdens of all necessary and useful improvements. And
as nothing could contribute more to the health, comfort, and safety of
the city and the security of the public buildings and records than an
abundant supply of pure water, I respectfully recommend that you make
such provisions for obtaining the same as in your wisdom you may deem
proper.

The act, passed at your last session, making certain propositions to
Texas for settling the disputed boundary between that State and the Ter-
ritory of New Mexico was, immediately on its passage, transmitted by
express to the governor of Texas, to be laid by him before the general
assembly for its agreement thereto. Its receipt was duly acknowledged,
but no official information has yet been received of the action of the
general assembly thereon. It may, however, be very soon expected, as,
by the terms of the propositions submitted they were to have been acted
upon on or before the first day of the present month.

It was hardly to have been expected that the series of measures passed
at your last session with the view of healing the sectional differences
which had sprung from the slavery and territorial questions should at
once have realized their beneficent purpose. All mutual concession in
the nature of a compromise must necessarily be unwelcome to men of
extreme opinions. And though without such concessions our Constitu-
tion could not have been formed, and can not be permanently sustained,
yet we have seen them made the subject of bitter controversy in both
sections of the Republic. It required many months of discussion and

Millard Fillmore

93

deliberation to secure the concurrence of a majority of Congress in their
favor. It would be strange if they had been received with immediate
approbation by people and States prejudiced and heated by the exciting
controversies of their representatives. I believe those measures to have
been required by the circumstances and condition of the country. I be-
lieve they were necessary to allay asperities and animosities that were
rapidly alienating one section of the country from another and destroy-
ing those fraternal sentiments which are the strongest supports of the
Constitution. They were adopted in the spirit of conciliation and for
the purpose of conciliation. I believe that a great majority of our fellow-
citizens sympathize in that spirit and that purpose, and in the main ap-
prove and are prepared in all respects to sustain these enactments. I
can not doubt that the American people, bound together by kindred blood
and common traditions, still cherish a paramount regard for the Union of
their fathers, and that they are ready to rebuke any attempt to violate
its integrity, to disturb the compromises on which it is based, or to resist
the laws which have been enacted under its authority.

The series of measures to which I have alluded are regarded by me as
a settlement in principle and substance — a final settlement of the danger-
ous and exciting subjects which they embraced. Most of these subjects,
indeed, are beyond your reach, as the legislation which disposed of them
was in its character final and irrevocable. It may be presumed from the
opposition which they all encountered that none of those measures was
free from imperfections, but in their mutual dependence and connection
they formed a system of compromise the most conciliatory and best for
the entire country that could be obtained from conflicting sectional inter-
ests and opinions.

For this reason I recommend j-our adherence to the adjustment estab-
lished by those measures until time and experience .shall demonstrate
the necessity of further legi.slation to guard against evasion or abuse.

By that adjustment we have been rescued from the wide and bound-
less agitation that surrounded us, and have a firm, distinct, and legal
ground to rest upon. And the occasion, I tru.st, will justify me in ex-
horting my countrymen to rally upon and maintain that ground as the
best, if not the only, means of restoring peace and quiet to the country
and maintaining inviolate the integrity of the Union.

And now, fellow-citizens, I can not bring this communication to a close
without invoking you to join me in humble and devout thanks to the
Great Ruler of Nations for the nuiltiplied l)lessings which He has gra-
ciously l^estowed upon us. His hand, so often visil)le in our preserva-
tion, has stayed the pestilence, .saved us from foreign wars and domestic
disturbances, and .scattered plenty throughout the land.

Our liberties, religious and civil, have been maintained, the fountains
of knowledge have all been kept open, and means of happiness widely
spread and generally enjoyed greater than have fallen to the lot of any

94 Messages and Papers of the Presidents

other nation. And while deeply penetrated with gratitude for the past,
let us hope that His all- wise providence will so guide our counsels as that
they shall result in giving satisfaction to our constituents, securing the
peace of the country, and adding new strength to the united Government
under which we live. MII.I.ARD FII.I.MORE.

SPECIAL MESSAGES.

Washington, December p, 18^0.
To the House of Representatives:

I communicate to the House of Representatives a translation of a note
of the 5th instant addressed to the Secretary of State by the minister of
the Mexican Republic accredited to this Government, relative to a sub-
ject * to which the attention of Congress was invited in my message at
the opening of the present session. MII.I.ARD FII.I.MORE.

[The same message was sent to the Senate.]

Washington, December 12, 1850.
To the Senate of the United States:

I herewith transmit a report of the Secretary of State, with accom-
panying documents, relating to the African slave trade, in answer to the
resolution of the Senate of the 28th of August last.

MILLARD FILLMORE.

Washington, December ij, 1850.
To the Senate and House of Representatives:

I have the pleasure of announcing to Congress the agreement on the
part of Texas to the propositions offered to that State by the act of
Congress approved on the 9th day of September last, entitled "An act
proposing to the State of Texas the establishment of her northern and
western boundaries, the relinquishment by the said State of all territory
claimed by her exterior to said boundaries and of all her claims upon
the United States, and to establish a Territorial government for New
Mexico. ' '

By the terms of that act it was required that the agreement of Texas
to the propositions contained in it should be given on or before the ist
day of December, 1850. An authenticated transcript of a law passed

♦Incursions of Indians of the United States upon the jropulation of the Mexican frontier.

Millard Fillmore 95

by the legislature of Texas on the 25th day of November, agreeing to
and accepting the propositions contained in the act of Congress, has been
received. This law, after reciting the provisions of the act of Congress,
proceeds to enact and declare as follows, viz:

Therefore, first. Be it enacted by the legislature of the State of Texas, That the
State of Texas hereby agrees to and accepts said propositions; and it is hereby
declared that the said State shall be bound by the terms thereof according to their
true import and meaning.

Second. That the governor of this State be, and is hereby, requested to cause a
copy of this act, authenticated under the seal of the State, to be furnished to the
President of the United States by mail as early as practicable, and also a copy
thereof, certified in like manner, to be transmitted to each of the Senators and Rep-
resentatives of Texas in Congress. And that this act take effect from and after its
passage.

C. G. KEENAN,
Speaker of the House of Representatives.
JOHN A. GREER,

President of the Senate.
Approved, November 25, 1850. p „ -o^i i

From the common sources of public information it would appear that
a very remarkable degree of unanimity prevailed, not only in the legisla-
ture, but among the people of Texas, in respect to the agreement of the
State to that which had been proposed by Congress.

I can not refrain from congratulating Congress and the country on the
success of this great and leading measure of conciliation and peace. The
difficulties felt and the dangers apprehended from the vast acquisitions
of territory under the late treaty with Mexico .seem now happily over-
come by the wisdom of Congress. Within that territory there already
exists one State, respectable for the amount of her population, distin-
guished for singular activity and enterprise, and remarkable in many
respects from her condition and history. This new State has come into
the Union with manifestations not to be mistaken of her attachment to
that Constitution and that Government which now embrace her and her
interests within their protecting and beneficent control.

Over the residue of the acquired territories regular Territorial govern-
ments are now establi.shed in the manner which has been most usual in
the hi.story of this Government. Various other acts of Congress may
undoubtedly lie requisite for the Ijenefit as well as for the proper govern-
ment of these .so distant parts of the country. But the same legislative
wisdom which has triumphed over the principal difficulties and accom-
pli.shed the main end may .safely be relied on for whatever measures may
yet be found nece.s.sary to perfect its work, .so that the acquisition of these
vast regions to the United States may rather strengthen than weaken
the Con.stitution, which is over us all, and the Union, which affords such
ample daily proofs of its inestimable value.

MILLARD FILLMORIC.

96 Messages and Papers of the Presidents

Washington, December ly, 1850.
To the Senate of the United States:

I herewith transmit a letter from the Secretary of War, communicat-
ing a report of a board of officers to which, in pursuance of a resohition
of the Senate passed on the 30th of September last, were submitted the
questions proposed therein, relative to the expediency and necessity of
creating additional grades of connnissioned officers in the Army and
of enacting provisions authorizing officers of the Army to exercise civil
functions in emergencies to be enumerated and restraining them from
usurping the powers of civil functionaries.

MIIvI.ARD FII.I,MORK.

Washington, December jo, 1850.
To the Senate of the United States:

I herewith transmit to the Senate, in reply to their resolution of the
26th instant, a report from the Secretary of State, with accompanying

P^P^^^-* MII.I.ARD FII.LMORE.

Washington, fanuary j, 1851.
To the House of Representatives:

By a resolution passed by the House of Representatives on the 24th
day of July, 1850, the President was requested to cause to be prepared
and communicated to the House certain opinions of the Attorneys-Gen-
eral therein specified. On inquiry I learned that the force employed in
the Attorney-General's Office was not sufficient to perform this work;
consequently, I employed Benjamin F. Hall, esq., a counselor at law, on
the 9tli day of September last, to execute it, and requested him to com-
mence it immediately. I informed him that I was not authorized to give
any other assurances as to compensation than that it rested wdth Con-
gress to provide and fix it. I believe Mr. Hall to be in all respects com-
petent and well fitted for the task which he has undertaken, and diligent
in the performance of it; and it appears to me that the most just mode
of compensation will be to make a per diem allowance of $8 per day for
the time actually employed, to be paid on the certificate of the Attorney-
General.

I also transmit herewith a portion of the manuscript prepared in pur-
suance of said resolution, with a letter from Mr. Hall to me indicating
the mode in which he thinks the work should be prepared and printed,
which appears to me worthy of consideration and adoption by the House.

MII^IvARD FII.I.MORB.

♦Correspondence with the Austrian charge d'affaires respecting the appointment or proceed-
ings of the agent sent to examine and report upon the condition and prospects of the Hungarian
people during their struggle for independence.

Millard Fillmore 97

Washington, January 10, iS^i.
To the Senate of the United States:

I have the honor herewith to transmit to the Senate a communication
from the Secretary of the Navy on the subject of the disciphne of the
Navy, suggesting such amendments of the law as may be necessary in
consequence of the recent act abolishing flogging; to which I respectfully
invite the immediate attention of Congress.

MII,I,ARD FII^LMORB.

Washington, /awM^rj/ 14, iS^i.
To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives
adopted July 18, 1850, requesting the President to communicate his views
on sundry questions of rank, precedence, and command among officers of
the Army and officers of the Navy, respectively, and of relative rank
between officers of the Army and Navy when brought into cooperation,
I caused to be convened a board of intelligent and experienced officers in
each branch of the service to consider the matters involved in said reso-
lutions and to report their opinion for my advice and information.

Their reports have been made, and I have the honor herewith to sub-
mit copies of them, together with bills drafted substantially in accord-
ance therewith, on the subject of rank in each branch of the service.

The subject is one of great interest, and it is highly important that it
should be settled by legislative authority and with as httle delay as pos-
sible consistently with its proper examination.

The points on which it will be perceived that the two boards disagree
in regard to relative rank between officers of the Army and Navy are
not esteemed of very great practical importance, and the adoption of the
rule proposed by either would be acceptable to the Executive.

But even if a decision on these shall be suspended, it is hoped that the
bills which are designed to regulate rank, precedence, and command in
the Army and Navy as separate branches of .service may receive the sanc-
tion of Congress, with such amendments as may Ijc deemed appropriate,

in the course of the present session.

MILIvARI) FILLMORE.

W.VSHINGTON, February j, iSj^r.
To the Seyiatc of the United States:

I transmit to the Senate a report from tlie Secretary of State, with
accompanying papers,* in answer to their re.solution of the 30th ultimo.

MILLARD I'lLLMORlC.

♦CorresjjoiulcMice rclntivc to the jjossissory riKlils of llii- Ilritish Iludsoiis Hay Company in Ori-Kon.
M I'— vol, V— 7

98 Messages and Papers of the Presidents

Washington, February 12, 1851.
To the Senate of the United States:

I transmit herewith a report from the Secretary of State, with accom-
panying documents,* in answer to the Senate's resolution of the ist
instant. MII.I.ARD FII.I.MORE.

Washington, February /j, 18^1.
To the Senate of the United States:

I herewith connnunicate to the Senate, for its consideration, a general
convention between the United States and the Swiss Confederation, con-
cluded and signed at Berne on the 25th day of November last by Mr. A.
Dudley Mann on the part of the United States and by Messrs. Druey
and Frey-Herosee on the part of the Swiss Confederation. I communi-
cate at the same time a copy of the instructions under which Mr. Mann
acted and his dispatch of the 30th November last, explanatory of the arti-
cles of the convention.

In submitting this convention to the consideration of the Senate I feel
it my duty to invite its special attention to the first and fifth articles.
These articles appear to contain provisions quite objectionable, if, indeed,
they can be considered as properly embraced in the treaty-making power.

The second clause of the first article is in these words:

In the United States of America citizens of vSwitzerland shall be received and treated
in each State upon the same footing and upon the same conditions as citizens of the
United States born in or belonging to other States of the Union.

It is well known that according to the Constitution of the United States
a citizen of one State may hold lands in any other State; and States have,
sometimes by general, sometimes by .special, laws, removed the disabilities
attaching to foreigners not naturalized in regard to the holding of land.
But this is not supposed to be a power properly to be exercised by the
President and Senate in concluding and ratifying a treaty with a foreign
state. The authority naturally belongs to the State within whose limits
the land may lie. The naturalization of foreigners is provided for by the
laws of the United States, in pursuance of the provision of the Constitu-
tion; but when, under the operation of these laws, foreigners become cit-
izens of the United States, all would seem to be done which it is in the
power of this Government to do to enable foreigners to hold land. The
clause referred to, therefore, appears to me inadmissible.

The fourth clause of the .same article provides, among other things,
that citizens of Switzerland may, within the United States, acquire, pos-
sess, and alienate personal and real estate, and the fifth article grants
them the power of disposing of their real estate, which, perhaps, would

♦Correspondence with Spain relative to the claim of the owners of the schooner Amistad for
compensation on account of the liberation of negroes on board said vessel.

Millard Fillmore 99

be no otherwise objectionable, if it stood by itself, than as it would seem
to imply a power to hold that of which they are permitted to dispose.

These objections, perhaps, may be removed by striking out the second
clause of the first article and the words ' ' and real ' ' in the fourth clause.
An amendment similar to the last here suggested was made by the Sen-
ate in the convention between the United States and the King of Bavaria,
the ratification of which, as amended, the Senate advised and consented
to on the 15th day of March, 1845.

But there is another and a decisive objection, arising from the last
clause in the first article. That clause is in these words :

On account of the tenor of the federal constitution of Switzerland, Christians alone
are entitled to the enjoyment of the privileges guaranteed by the present article in
the Swiss Cantons. But said Cantons are not prohibited from extending the same
privileges to citizens of the United States of other religious persuasions.

It appears from this that Christians alone are, in some of the Swiss
Cantons, entitled to the enjoyment of privileges guaranteed by the first
article, although the Cantons themselves are not prohibited from extend-
ing the same privileges to citizens of the United States of other religious
persuasions.

It is quite certain that neither by law, nor by treaty, nor by any other
official proceeding is it competent for the Government of the United
States to establish any distinction between its citizens founded on differ-
ences in religious beliefs. Any benefit or pri\alege conferred by law or
treaty on one must be common to all, and we are not at liberty, on a
question of such vital interest and plain constitutional duty, to consider
whether the particular case is one in which substantial inconvenience
or injustice might ensue. It is enough that an inequality would be
sanctioned hostile to the institutions of the United States and incon-
sistent with the Constitution and the laws.

Nor can the Government of the United States rely on the individual
Cantons of Switzerland for extending the .same privileges to other citi-
zens of the United States as this article extends to Christians. It is in-
di.spen.sable not only that every privilege granted to any of the citizens of
the United States should be granted to all, but also that the grant of such
privilege should stand ujx)n the .same stipulation and assurance by the
whole Swi.ss Confederation as those of other articles of the convention.

There have been in.stances, especially .some of recent occurrence, in
which the Executive has transmitted treaties to the Senate with sug-
gestions of amendment, and I have therefore thought it not iniproj>er
to send the present convention to the Senate, inviting its attention to
such amendments as appeared to me to be important, although I liave
entertained considerable doubt whether it would not be hotter to send
back the convention for correction in the objectional)le particulars l)clorc
laying it before the Senate for ratification.

MIIvIvARD FILLMORK.

lOO Messages and Papers of the Presidents

Washington, February ij, 1851.
To the Senate of the United States:

In answer to the resolution of the Senate of the loth instant, calHng
for information relative to a contract alleged to have been made by Mr.
I. D. Marks with the Mexican Government, I transmit a report from the
Secretary of State and the documents* which accompanied it.

MILI.ARD FILI^MORE.

Washington, February /j, 1851.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 28th of January,
1 85 1, 1 have the honor to transmit herewith reports from the Secretary
of State and Secretary of the Treasury, giving the required correspond-
ence in the case of the British ship Albio7i, seized in Oregon for an alleged
violation of the revenue laws. MII.I.ARD FILLMORE.

Washington, February 75, 18^1.
To the Senate of the United States:

In addition to the information heretofore communicated, I now trans-
mit to the Senate a report from the Secretary of State, with accompany-
ing papers, t iu answer to their resolution of the 28th ultimo.

MILLARD FILLMORE.

Washington, February 15, 1851.
To the Senate of the United States:

I herewith transmit to the Senate a report + from the Secretary of
State, in answer to their resolution of the loth instant.

MILLARD FILLMORE.

Washington, February 18, 1831.
The President of the Senate:

In addition to the papers already transmitted to the Senate in com-
pliance with its resolution of the 28th ultimo, I have the honor herewith
to transmit an additional report § from the Secretary of the Treasury.

MILLARD FILLMORE.

* Relating to drafts upon the Treasury of the United States by Mexico on account of indemnity
due that Government in pursuance of the treaty of Guadalupe Hidalgo.

t Additional correspondence relative to the seizure of the British ship Albion.

t Relating to taxation by New Granada on United States citizens when in transitu across the
Isthmus of Panama, and to the United States mail service at said Isthmus.

g Relating to the seizure of the British ship Albion.

Millard Fillmore lOi

Executive Department, February ig, 1851.
To the Senate of the United States:

I have received the resolution of the Senate of the i8th instant, request-
ing me to lay before that body, if not incompatible with the public inter-
est, any information I may possess in regard to an alleged recent case of
a forcible resistance to the execution of the laws of the United States in
the city of Boston, and to communicate to the Senate, under the above
conditions, what means I have adopted to meet the occurrence, and
whether in my opinion any additional legislation is necessary to meet
the exigency of the case and to more vigorously execute existing laws.

The public newspapers contain an affidavit of Patrick Riley, a deputy
marshal for the district of Massachusetts, setting forth the circumstances
of the case, a copy of which affidavit is herewith communicated. Private
and unofficial communications concur in establishing the main facts of
this account, but no satisfactory official information has as yet been re-
ceived; and in some important respects the accuracy of the account has
been denied by persons whom it implicates. Nothing could be more
unexpected than that such a gross violation of law, such a high-handed
contempt of the authority of the United States, should be perpetrated by
a band of lawless confederates at noonday in the city of Boston, and in
the very temple of justice. I regard this flagitious proceeding as being
a surprise not unattended by some degree of negligence; nor do I doubt
that if any such act of \nolence had been apprehended thousands of the
good citizens of Boston would have presented themselves voluntarily and
promptly to prevent it. But the danger does not seem to have been
timely made known or duly appreciated by those who were concerned in
the execution of the process. In a community distinguished for its love
of order and respect for the laws, among a people whose sentiment is
liberty and law, and not liberty without law nor alx)ve the law, such an
outrage could only be the result of sudden violence, unhappily too nuich
unprepared for to be successfully resisted. It would be melancholy in-
deed if we were obliged to regard this outbreak against the constitutional
and legal authority of the Government as proceeding from the general
feeling of the people in a spot which is proverbially called ' ' the Cradle of
American Liberty." Such, undoubtedly, is not the fact. It violates
without question the general sentiment of the people of Boston and of a
vast majority of the whole people of Massachu.setts, as much as it vio-
lates the law, defies the authority of the Govennnent, and disgraces those
concerned in it, their aiders and al^ettors.

It is, nevertheless, my duty to lay before the Senate, in answer to its
resolution, some important facts and considerations coiuicctcd with the
subject.

A resolution of Congress of Septemljer 23, 1789, declared:

That it be recomnieiuled to the le^slatiires of the several .States to pass laws tiiak-
ing it expressly the duty of the kee|)ers of their jails to receive ami siife keep therein

I02 Messages and Papers of the Presidents

all prisoners cotiimittcd under the authority of the United States until they shall he
discharged bv the course of the laws thereof, under the like penalties as in the case
of prisoners connnitted under the authority of such vStates respectively; the United
States to pay for the use and keepinjj of such jails at the rate of 50 cents per month
for each jjrisoner that shall, under their authority, be committed thereto during the
time such prisoner shall be therein confined, and also to support such of said prison-
ers as shall l)e committed for offenses.

A further resolution of Congress, of the 3d of March, 1791, provides
that—

Wliereas Congress did, by a resolution of the 23d day of September, 1789, recom-
mend to the several States to pass laws making it expressly the duty of the keepers
of their jails to receive and safe keep therein all prisoners committed under the
authority of the United States: In order, therefore, to insure the administration of
justice —

Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled. That in case any State shall not have complied
with the said recommendation the marshal in such State, under the direction of the
judge of the district, be authorized to hire a convenient place to serve as a temporary
jail, and to make the necessary provision for the safe-keeping of prisoners com-
mitted under the authority of the United States until permanent provision shall be
made by law for that purpose; and the said marshal shall be allowed his reasonable
expenses incurred for the above purposes, to be paid out of the Treasury of the United
States.

And a resolution of Congress of March 3, 182 1, provides that —

Wliere anj' State or States, having complied with the recommendation of Congress
in the resolution of the 23d day of September, 1789, shall have withdrawn, or shall
hereafter withdraw, either in whole or in part, the use of their jails for prisoners
committed under the authority of the United States, the marshal in such State or
States, under the direction of the judge of the district, shall be, and hereby is, author-
ized and required to hire a convenient place to serve as a temporary jail, and to make
the necessary provision for the safe-keeping of prisoners committed under the author-
itj' of the United States until permanent provision shall be made by law for that pur-
pose; and the said marshal shall be allowed his reasonable expenses incurred for the
alxjve purposes, to be paid out of the Treasury of the United States.

These various provi.sions of the law remain unrepealed.

B3' the law of Massachusetts, as that law stood before the act of the
legislature of that State of the 24th of March, 1843, the common jails in
the respective counties were to be used for the detention of any persons
detained or committed by the authority of the courts of the United States,
as well as by the courts and magistrates of the State. But these provi-
sions were abrogated and repealed by the act of the legislature of Massa-
chusetts of the 24th of March, 1843.

That act declares that —

No judge of any court of record of this Commonwealth and no justice of the peace
shall hereafter take cognizance or grant a certificate in cases that may arise under the
third section of an act of Congress passed February 12, 1793, and entitled "An act
respecting fugitives from justice and persons escaping from the service of their mas-
ters," to any person who claims any other person as a fugitive slave within the juris-
diction of the Commonwealth.

Millard Filbnore 103

And it further declares that —

No sheriff, deputy sheriff, coroner, constable, jailer, or other officer of this Com-
monwealth shall hereafter arrest or detain, or aid in the arrest or detention or im-
prisonment, in an}- jail or other building belonging to this Commonwealth, or to any
county, city, or town thereof, of any person for the reason that he is claimed as a
fugitive slave.

And it further declares that —

Any justice of the peace, sheriff, deputy sheriff, coroner, constable, or jailer who
shall offend against the provisions of this law by in any way acting, directly or indi-
rectly, under the power conferred by the third section of the act of Congress afore-
mentioned shall forfeit a sum not exceeding f 1,000 for every such offense to the
use of the county where said offense is committed, or shall be subject to imprison-
ment not exceeding one year in the county jail.

This law, it is obvious, had two objects. The first was to make it a
penal offense in all officers and magistrates of the Commonwealth to
exercise the powers conferred on them by the act of Congress of the 1 2tli
of February, 1793, entitled "An act respecting fugitives from justice and
persons escaping from the service of their masters, ' ' and which powers
they were fully competent to perform up to the time of this inhibition
and penal enactment; second, to refuse the use of the jails of the State
for the detention of any person claimed as a fugitive slave.

It is deeply to be lamented that the purpose of these enactments is
quite apparent. It was to prevent, as far as the legislature of the State
could prevent, the laws of Congress passed for the purpose of carrying
into effect that article of the Constitution of the United States which
declares that " no person held to service or labor in one State, under the
laws thereof, escaping into another, shall in consequence of any law or
regulation therein be discharged from such service or labor, but shall be
delivered up on claim of the part}' to whom such service or lalxjr may be
due" from being carried into effect. But these acts of State legislation,
although they may cause embarrassment and create expense, can not dero-
gate either from the duty or the authority of Congress to carry out fully
and fairly the plain and imperative constitutional provision for the deliv-
ery of persons lx)und to lalx)r in one State and escaping into another to
the part)' to whom such labor may be due. It is quite clear that by the
resolution of Congress of March 3, 182 1, the marshal of the United States
in any State in which the use of the jails of the State has l^een with-
drawn, in whole or in part, from the purpose of the detention of per-
sons conmiitted under the authority of the United States is not only
empowered, but expressly required, under the direction of the judge of
the district, to hire a convenient place for the .safe-keeping of prisoners
committed under authority of the United vStatcs. It will be seen from
papers accompanying this connnunication that the attention ot the mar-
shal of Massachusetts was distinctly called to this provision of the law by
a letter from the Secretary of the Navy of the date of ()ctol)cr .^S last.

104 Mrssaqrs and Papers of the Presidents

There is no official information that the marshal has provided any such
place for the confinement of his prisoners. If he has not, it is to be re-
gretted that this power was not exercised by the marshal under the direc-
tion of the district judge inunediately on the passage of the act of the
legislature of Massachusetts of the 24th of March, 1843, and especially
that it was not exercised on the passage of the fugitive-slave law of the
last session, or when the attention of the marshal was afterwards particu-
larly drawn to it.

It is true that the escape from the deputy marshals in this case was
not owing to the want of a prison or place of confinement, but still it is
not easy to see how the prisoner could have been safely and conveniently
detained during an adjournment of the hearing for some days without
such place of confinement. If it shall appear that no such place has been
obtained, directions to the marshal will be given to lose no time in the
discharge of this duty.

I transmit to the Senate the copy of a proclamation issued by me on the
1 8th instant in relation to these unexpected and deplorable occurrences
in Boston, together wath copies of instructions from the Departments of
War and Navy relative to the general subject. And I communicate
also copies of telegraphic dispatches transmitted from the Department of
.State to the district attorney and marshal of the United States for the
district of Massachusetts and their answers thereto.

In regard to the last branch of the inquiry made by the resolution of
the Senate, I have to observe that the Constitution declares that "the
President .shall take care that the laws be faithfully executed," and that
' ' he shall be Commander in Chief of the Army and Navy of the United
States, and of the militia of the several States when called into the ac-
tual service of the United States, ' ' and that ' ' Congress shall have power
to provide for calling forth the militia to execute the laws of the Union,
suppress insurrections, and repel invasions." From which it appears
that the Army and Navy are by the Constitution placed under the con-
trol of the Executive; and probably no legislation of Congress could add
to or diminish the power thus given but by increasing or diminishing or
abohshing altogether the Army and Navy. But not so with the militia.
The President can not call the militia into service, even to execute the
laws or repel invasions, but by the authority of acts of Congress passed
for that purpo.se. But when the militia are called into service in the
manner prescribed by law, then the Constitution itself gives the com-
mand to the President. Acting on this principle, Congress, by the act of
February 28, 1795, authorized the President to call forth the militia to
repel invasion and ' ' suppress insurrections against a State government,
and to suppress combinations against the laws of the United States, and
cause the laws to be faithfully executed. ' ' But the act proceeds to de-
clare that whenever it may be necessary, in the judgment of the Presi-
dent, to use the military force thereby directed to be called forth, the

Millard Fillmore

105

President shall forthwith, b}- proclamation, command such insurgents to
disperse and retire peaceably to their respective abodes within a limited
time. These words are broad enough to require a proclamation in all
cases where militia are called out under that act, whether to repel inva-
sion or suppress an insurrection or to aid in executing the laws. This
section has consequently created some doubt whether the militia could
be called forth to aid in executing the laws without a previous procla-
mation. But yet the proclamation seems to be in words directed only
against insurgents, and to require them to disperse, thereby implying
not only an insurrection, but an organized, or at least an embodied, force.
Such a proclamation in aid of the civil authority would often defeat the
whole object by giving such notice to persons intended to be arrested
that they would be enabled to fly or secrete themselves. The force may
be wanted sometimes to make the arrest, and also sometimes to protect
the officer after it is made, and to prevent a rescue. I would therefore
suggest that this section be modified by declaring that nothing therein
contained shall be construed to require any previous proclamation when
the militia are called forth, either to repel invasion, to execute the laws,
or suppress combinations against them, and that the President may make
such call and place such militia under the control of any civil officer of
the United States to aid him in executing the laws or suppressing such
combinations; and while so employed they shall be paid by and subsisted
at the expense of the United States.

Congress, not probably adverting to the difference between the militia
and the Regular Army, by the act of March 3, 1807, authorized the Pres-
ident to use the land and naval forces of the United States for the same
purposes for which he might call forth the militia, and subject to the
same proclamation. But the power of the President under the Constitu-
tion, as Commander of the Army and Navy, is general, and his duty to see
the laws faithfully executed is general and positive; and the act of 1807
ought not to be construed as evincing any disposition in Congress to limit
or restrain this constitutional authority. For greater certainty, however,
it may lie well that Congress should modify or explain this act in regard
to its provisions for the employment of the Army and Navy of the United
States, as well as that in regard to calling forth the militia. It is sup-
posed not to 1^ doubtful that all citizens, whether enrolled in the militia
or not, may ho. .sununoned as members of the posse comitatus, either b\-
the marshal or a commis.sioner according to law, and that it is their duty
to ol)ey .such summons. But perhaps it may be doubted whether the
marshal or a commissioner can summon as the posse coivitatus an organ-
ized militia force, acting under its own approjiriate officers, without the
consent of such officers. This jx)int may deserve the con.sideration of
Congress.

I u.se this occasion to repeat the assurance that so far as dc'iKMuls on me
the laws shall be faithfully executed and all forcible opix)sition to them

io6 Messages and Papers of the Presidents

suppressed; and to this end I am prepared to exercise, whenever it may
become necessary', the power constitutionally vested in me to the fullest
extent. I am fully persuaded that the great majority of the people of this
country are warmly and strongly attached to the Constitution, the pres-
er\'ation of the Union, the just support of the Government, and the main-
tenance of the authority of law. I am persuaded that their earnest w^ishes
and the line of my constitutional duty entirely concur, and I doubt not
firmness, moderation, and prudence, strengthened and animated by the
general opinion of the people, will prevent the repetition of occurrences
disturbing the public peace and reprobated by all good men.

MII.LARD FlIvIyMORE.

Washington, Febmary 2^, T851.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification,
a convention between the United States and the Mexican Republic for
the protection of a transit way across the Isthmus of Tehuantepec, signed
in the City of Mexico on the 25th ultimo.

Accompanying the treaty is a letter from Mr. P. A. Hargous, the pres-
ent proprietor and holder of the privileges granted by Mexico, signify-
ing his assent to and acceptance of the terms of its provisions. There
is also an abstract of title to him from the original grantee and copies
of the several powers and conveyances by which that title is derived to
him. It may be well that these papers should be returned to be depos-
ited among the archives of the Department of State.

The additional article of the treaty makes an unnecessary reference
to the eleventh, twelfth, and thirteenth articles of the treaty of the 2 2d
of June la.st, because the eleventh, twelfth, and thirteenth articles of
the present treat}^ contain exactly the same provisions as those contained
in the .same articles of that treaty, as will appear from the copy of the
treaty of the 22d of June last, herewith communicated.

MII.I.ARD FILLMORE.

Washington, February 26, 185 1.
To the Seriate of the United States:

I herewith communicate to the Senate, for its consideration, a conven-
tion for the adjustment of certain claims of citizens of the United States
again.st Her Most Faithful Majesty's Government,* concluded and signed
this day in the city of Washington by the respective plenipotentiaries.

MILLARD FILLMORE.

* PortURal.

Millard Fillmore T07

Washington, February ^7, t8^i.
To the Senate of the United States:

I transmit herewith a report of the Secretary of State, with accom-
panying documents,* in compHance with the resohition of the Senate of
the 17th ultimo. MILLARD FILLMORE.

Washington, February 28, 1851.
To the Senate of the United States:

In answer to the resolution of the Senate of the i6th ultimo, request-
ing information touching the difficulties between the British authorities
and San Salvador, I transmit a report from the Secretary of State and
the documents which accompanied it.

MILLARD FILLMORE.

Hon. HowKLL Cobb, Washington, March r, 1831.

Speaker of the House of Representatives:
I have the honor herewith to transmit to the House of Representatives
manuscript No. 2 of the opinions of the Attorneys-General, prepared in
pursuance of its resolution. MILLARD FILLMORE.

Washington, March j, 1851.
To the Senate of the Uyiited States:

In answer to the resolution of the Senate of the 26th ultimo, calling for
information respecting a forcible alxluction of any citizen of the United
States from the Territory of New Mexico and his conveyance within the
limits of the Mexican Republic, I transmit a report from the Secretary of
State and the documents which accompanied it.

MILLARD FILLMORE.

PROCLAMATIONS.
By tub Prksidknt of thk Unitkd vStatks ok Amkkica.

A rROCLAMATION.

Whereas by an act of the Congress of the United States of the Qtli of
vScptember, 1850, entitled "An act proposing to the vStatc of Texas tlie
establishment of her northern and western l)oundaries, tlic rclin([uish-
ment by the said State of all territory claimed l)y her exterior to said
l)Oundaries and of all her claims ujx)!! the United vStates, and to estah
li.sh a Territorial government for New Mexico," it was jjrovidrd that tlu'

♦Corrcspomlcticc relative to priwiners captured by Spanish a\itlinrities at or near tlu- inland uf
Coiitoy, niitl to projected exiwditions to CiiK-i.

io8 Messages and Papers of the Presidents

following propositions should be, and the same were thereby, offered to
the State of Texas, which, when agreed to by the said State in an act
passed by the general assembly, should be binding and obligatory upon
the United States and upon the said State of Texas, provided the said
agreement by the said general assembly should be given on or before the
I St day of December, 1850, namely:

' ' First. The State of Texas will agree that her boundary on the north
shall conunence at the point at which the meridian of 100° west from
Greenwich is intersected by the parallel of 36° 30' north latitude, and
shall run from said point due west to the meridian of 103° west from
Greenwich; thence her boundary shall run due south to the thirty-second
degree of north latitude; thence on the said parallel of 32° of north lati-
tude to the Rio Bravo del Norte, and thence wnth the channel of said
river to the Gulf of Mexico.

"Second. The State of Texas cedes to the United States all her claim
to territory exterior to the limits and boundaries which she agrees to
establish by the first article of this agreement.

' ' Third. The State of Texas relinquishes all claim upon the United
States for liability of the debts of Texas and for compensation or indem-
nity for the surrender to the United States of her ships, forts, arsenals,
custom-houses, custom-house revenue, arms and munitions of war, and
public buildings with their sites, which became the property of the United
States at the time of the annexation.

" Fourth. The United States, in consideration of said establishment of
boundaries, cession of claim to territory, and relinquishment of claims,
will pay to the State of Texas the sum of $10,000,000 in a stock bear-
ing 5 per cent interest, and redeemable at the end of fourteen years, the
interest payable half-yearly at the Treasury of the United States.

' ' Fifth. Immediately after the President of the United States shall
have been furnished with an authentic copy of the act of the general
a.s.sembly of Texas accepting these propositions, he shall cause the stock
to be issued in favor of the State of Texas, as provided for in the fourth
article of this agreement: Provided also , That no more than $5,000,000 of
said stock shall be issued until the creditors of the State holding bonds
and other certificates of stock of Texas for which duties on imports were
specially pledged shall first file at the Treasury of the United States
releases of all claim against the United States for or on account of said
bonds or certificates in such form as shall be prescribed by the Secretary
of the Treasury and approved by the President of the United States:
Provided, That nothing herein contained shall be construed to impair or
qualify anything contained in the third article of the second section of
the ' Joint resolution for annexing Texas to the United States, ' approved
March i, 1845, either as regards the number of States that may hereafter
be formed out of the State of Texas or otherwise;" and

Whereas it was further provided by the eighteenth section of the same

Millard Fillmore 109

act of Congress "that the provisions of this act be, and they are hereby,
suspended until the boundary between the United States and the State
of Texas shall be adjusted, and when such adjustment shall have been
effected the President of the United States shall issue his proclamation
declaring this act to be in full force and operation; " and

Whereas the legislature of the State of Texas, by an act approved the
25th of November last, entitled "An act accepting the propositions made
by the United States to the State of Texas in an act of the Congress of
the United States approved the 9th day of September, A. D. 1850, and
entitled 'An act proposing to the State of Texas the establishment of her
northern and western boundaries, the relinquishment by the said State
of all territory claimed by her exterior to said boundaries and of all her
claims upon the United States, and to estabhsh a Territorial government
for New Mexico,' " of which act a copy, authenticated under the seal of
the State, has been furnished to the President, enacts " that the State
of Texas hereby agrees to and accepts said propositions, and it is hereby
declared that the said State shall be bound by the terms thereof, accord-
ing to their true import and meaning: "

Now, therefore, I, Millard Fillmore, President of the United States of
America, do hereby declare and proclaim that the said act of the Con-
gress of the United States of the 9th of September last is in full force
and operation.

Given under my hand, at the city of Washington, this i3tli day of
P -1 December, A. D. 1850, and the seventy-fifth of the Independ-

ence of these United States.

MILLARD FILLMORE.

By the President:

Dani,. Webster,

Secretary of State.

By the President of the United States,
a proclamation.

Whereas information has been received that sundry lawless persons,
principally persons of color, combined and confederated together for the
purpose of opposing by force the execution of the laws of the United
States, did, at Boston, in Massachusetts, on the i5tli of this month, make
a violent assault on the marshal or deputy marshals of the United States
for the district of Massachusetts, in the court-house, and did overcome
the said oflBcers, and did by force rescue from their custody a person
arrested as a fugitive slave, and then and there a prisoner lawfully holden
by the said marshal or deputy marshals of the United States, and other
scandalous outrages did commit in violation of law:

Now, therefore, to the end that the authority of the laws may be main-
tained and those concerned in violating them brought to immediate and

no Messages and Papers of the Presidents

condign punishment, I have issued this my proclamation, caUing on all
well-disposed citizens to rally to the support of the laws of their country,
and requiring and commanding all officers, civil and militarj^ and all
other persons, civil or military, who shall be found within the vicinity
of this outrage, to l)e aiding and assisting by all means in their power in
quelling this and other such combinations and assisting the marshal and
his deputies in recapturing the above-mentioned prisoner; and I do es-
pecially direct that prosecutions be commenced against all persons who
shall have made themselves aiders or abettors in or to this flagitious
offense; and I do further connnand that the district attorney of the United
States and all other persons concerned in the administration or execu-
tion of the laws of the United States cause the foregoing offenders and
all such as aided, abetted, or assisted them or shall be found to have
harlxjred or concealed such fugitive contrary to law to be immediately
arrested and proceeded with according to law.

Given under my hand and the seal of the United States this i8th day
of February, 1851.

[seal.] MILLARD FILLMORE.

Danl. Wkbstkr,

Secretary of State.

[From Executive Journal of the Senate, Vol. VIII, p. 299.]

Washington, March j, iS^i.
To the Senators of the United States, respectively.

Sir: Whereas divers and weighty causes connected with executive
business necessary to be transacted create an extraordinary occasion
lequiring that the Senate be convened, you are therefore requested, as
a member of that body, to attend a meeting thereof to be holden at the
Capitol, in the city of Washington, on the 4th day of March instant.

MILLARD FILLMORE.

SPECIAL MESSAGES.

Washington, March /, 18^ t.
To the Seriate of the United States:

Sundry nominations having been made during the last session of the
Senate which were not finally disposed of, I hereby nominate anew each
person so nominated at the last session whose nomination was not finally
acted on before the termination of that session to the same office for
which he was nominated as aforesaid.

MILLARD FILLMORE.

Millard Fillmore iii

Washington, March lo, i8^i.
To the Senate of the United States:

I transmit herewith a report of the Secretary' of State, with the accom-
panying documents,* in compHance with the resolution of the Senate of
the 8th instant. MII.I.ARD FII.I.MORE.

■ PROCLAMATIONS.

By thk President of the United States,
a proclamation.

Whereas there is reason to beheve that a miUtary expedition is about
to \y^ fitted out in the United States with intention to invade i'!ie island
of Cuba, a colony of Spain, with which this country is at peace; and

Whereas it is believed that this expedition is instigated and set on
foot chiefly by foreigners who dare to make our shores the scene of their
guilty and hostile preparations against a friendly power and seek by
falsehood and misrepresentation to seduce our own citizens, especially
the joung and inconsiderate, into their wicked schemes — an ungrateful
return for the benefits conferred upon them by this people in permitting
them to make our country an asylum from oppression and in flagrant
abuse of the hospitality thus extended to them; and

Whereas such expeditions can only be regarded as adventures for
plunder and robber}^ and must meet the condemnation of the civilized
world, whilst they are derogatory to the character of our country, in vio-
lation of the laws of nations, and expressly prohibited by our own. Our
statutes declare "that if any person shall, within the territory or juris-
diction of the United States, begin or set on foot or provide or prepare
the means for any military expedition or enterprise to ho. carried on from
thence against the territory or dominions of any foreign prince or state
or of any colony, district, or people with whom the United States are
at peace, ever>' person so offending shall be deemed guilty of a high mis-
demeanor and .shall be fined not exceeding $3,000 and imprisoned not
more than three years: "

Now, therefore, I have issued this my proclamation, warning all pcr-
.sons who shall connect themselves with any such enterj^rise or exiKnlition
in violation of our laws and national obligations that they will thereby
subject themselves to the heavy penalties denounced against such olTenscs
and will forfeit their claim to the protection of this Government or aii\-
interference on their behalf, no matter to what extremities they may be
reduced in con.sequence of their illegal conduct. And therefore I uxliort
all good citizens, as they regard our national reputation, as they respect

•Correspondence with the United States minister at Constantinople respecting the lilwralion of
Kossuth and his companions.

112 Messages and Papers of the Presidents

their own laws and the laws of nations, as they value the blessings of
i:>eace and the welfare of their country, to discountenance and by all law-
ful means prevent any such enterprise; and I call upon every officer of
this Government, civil or military, to use all efforts in his power to
arrest for trial and punishment every such offender against the laws of
the country.

Given under my hand the 25th day of April, A. D. 1851, and the
seventy-fifth of the Independence of the United States.

[seal.] MILLARD FILLMORE.

By the President:

W. S. Derrick,

Acting Secretary of State.

By the President of the United States.

A PROCLAMATION.

Whereas there is reason to believe that a military expedition is about
to be fitted out in the United States for the purpose of invading the Mex-
ican Republic, with which this country is at peace; and

Whereas there is reason to apprehend that a portion of the people of
this countrj^ regardless of their duties as good citizens, are concerned in
or may be seduced to take part in the same; and

Whereas such enterprises tend to degrade the character of the United
States in the opinion of the ci\'ilized world and are expressly prohibited
by law:

Now, therefore, I have issued this my proclamation, warning all per-
sons who shall connect themselves with any such enterprise in violation
of the laws and national obligations of the United States that they will
thereby subject themselves to the hea\'y penalties denounced against
such offenses; that if they should be captured within the jurisdiction of
the Mexican authorities they must expect to be tried and punished ac-
cording to the laws of Mexico and will have no right to claim the inter-
position of this Government in their behalf.

I therefore exhort all well-disposed citizens who have at heart the
reputation of their country and are animated with a just regard for its
laws, its peace, and its welfare to discountenance and by all lawful means
prevent any such enterprise; and I call upon every officer of this Gov-
.emment, civil or military, to be vigilant in arresting for trial and pun-
ishment every such offender.

Given under my hand the 22d day of October, A. D. 1851, and the
seventy-sixth of the Independence of the United States.

By the President: MILLARD FILLMORE),

J. J. Crittenden,

Acting Secretary of State.

Millard Fillmore 113

SECOND ANNUAL MESSAGE.

Washington, Deceinbcr 2, 1831.
Fellow- Citizens of the Senate and of the House of Representatives:

I congratulate you and our common constituency upon the favorable
auspices under which you meet for j^our first session. Our country is
at peace with all the world. The agitation which for a time threatened
to disturb the fraternal relations which make us one people is fast subsid-
ing, and a year of general prosperity and health has crowned the nation
with unusual blessings. None can look back to the dangers which are
passed or forward to the bright prospect before us without feeling a
thrill of gratification, at the same time that he must be impressed with
a grateful sense of our profound obligations to a beneficent Providence,
whose paternal care is so manifest in the happiness of this highly favored
land.

Since the close of the last Congress certain Cubans and other for-
eigners resident in the United States, who were more or less concerned
in the previous invasion of Cuba, instead of being discouraged by its
failure have again abused the hospitality of this country by making it
the scene of the equipment of another military expedition against that
possession of Her Catholic Majesty, in which they were countenanced,
aided, and joined by citizens of the United States. On receiving intelli-
gence that such designs were entertained, I lost no time in issuing such
instructions to the proper officers of the United States as seemed to be
called for by the occasion. By the proclamation a copy of which is
herewith submitted I also warned those who might be in danger of
being inveigled into this scheme of its unlawful character and of the
penalties which they would incur. For some time there was reason to
hope that these measures had sufficed to prevent an}- such attempt. This
hoixi, however, proved to be delusive. Very earl}^ in the morning of the
3d of August a steamer called the Pampero departed from New Orleans
for Cuba, having on board upward of 400 armed men with evident inten-
tions to make war uix)n the authorities of the island. This expecHtion
was set on foot in palpable violation of the laws of the United States.
Its leader was a Spaniard, and .several of the chief officers and some others
engaged in it were foreigners. The per.sons composing it, however, were
mo.stly citizens of the United States.

Before the expedition .set out, and probably l)efore it was organized, a
slight insurrectionary movement, which appears to have l)een soon sup-
pressed, had taken place in the eastern quarter of Cuba. Tlu- impor-
tance of this movement was, unfortunately, so nuich exaggerated in the
accounts of it imbhshed in this country tliat these adventurers seem to
have been led to believe that the Creole population of the island not
M P— vol. V— 8

114 Messages and Papers of the Presidents

only desired to throw off the authority of the mother country, l)ut had
resolved upon that step and had begun a well-concerted enterprise for
effecting it. The persons engaged in the expedition were generally young
and ill informed. The steamer in which they embarked left New Orleans
stealthily and without a clearance. After touching at Key West, she
proceeded to the coast of Cuba, and on the night between the nth and
1 2th of August landed the persons on board at Playtas, within about 20
leagues of Havana.

The main body of them proceeded to and took possession of an inland
village 6 leagues distant, leaving others to follow in charge of the bag-
gage as soon as the means of transportation could be obtained. The
latter, having taken up their line of march to connect themselves with
the main body, and having proceeded about 4 leagues into the country,
were attacked on the morning of the 13th by a body of Spanish troops,
and a bloody conflict ensued, after which they retreated to the place of
disembarkation, where about 50 of them obtained boats and reembarked
therein. They were, however, intercepted among the keys near the
shore by a Spanish steamer cruising on the coast, captured and carried
to Havana, and after being examined before a military court were sen-
tenced to be publicly executed, and the sentence was carried into effect
on the 1 6th of August.

On receiving information of what had occurred Commodore Foxhall A.
Parker was instructed to proceed in the steam frigate Saranac to Havana
and inquire into the charges against the persons executed, the circum-
stances under which they were taken, and whatsoever referred to their
trial and sentence. Copies of the instructions from the Department of
State to him and of his letters to that Department are herewith sub-
mitted.

According to the record of the examination, the prisoners all admitted
the offenses charged against them, of being hostile invaders of the island.
At the time of their trial and execution the main body of the invaders
was still in the field making war upon the Spanish authorities and
Spanish subjects. After the lapse of some days, being overcome by
the Spanish troops, they dispersed on the 24th of August. Lopez, their
leader, was captured some days after, and executed on the ist of Septem-
ber. Many of his remaining followers were killed or died of hunger and
fatigue, and the rest were made prisoners. Of these none appear to have
been tried or executed. Several of them were pardoned upon applica-
tion of their friends and others, and the rest, about 160 in number, were
sent to Spain. Of the final disposition made of these we have no official
information.

Such is the melancholy result of this illegal and ill-fated expedition.
Thus thoughtless young men have been induced by false and fraudulent
representations to violate the law of their country through rash and un-
founded expectations of assisting to accomplish political revolutions in

Millard Fillmore

115

other states, and have lost their Hves in the undertaking. Too severe a
judgment can hardly be passed by the indignant sense of the community
upon those who, being better informed themselves, have yet led away
the ardor of youth and an ill-directed love of political liberty. The cor-
respondence between this Government and that of Spain relating to this
transaction is herewith communicated.

Although these offenders against the laws have forfeited the protec-
tion of their country, yet the Government may, so far as consistent with
its obligations to other countries and its fixed purpose to maintain
and enforce the laws, entertain sympathy for their unoflFending families
and friends, as well as a feeling of compassion for themselves. Accord-
ingly, no proper effort has been spared and none will be spared to pro-
cure the release of such citizens of the United States engaged in this
unlawful enterprise as are now in confinement in Spain; but it is to be
hoped that such interposition with the Government of that country may
not be considered as affording any ground of expectation that the Gov-
ernment of the United States will hereafter feel itself under any obliga-
tion of duty to intercede for the liberation or pardon of such persons as
are flagrant offenders against the law of nations and the laws of the
United States, These laws must be executed. If we desire to maintain
our respectability among the nations of the earth, it behooves us to
enforce steadily and sternly the neutrality acts passed by Congress and
to follow as far as may be the violation of those acts with condign
punishment.

But what gives a peculiar criminality to this invasion of Cuba is that,
under the lead of Spanish subjects and with the aid of citizens of the
United States, it had its origin with many in motives of cupidity. Money
was advanced by individuals, probably in considerable amounts, to pur-
chase Cuban bonds, as they have l)een called, issued by Lopez, sold,
doubtless, at a very large discount, and for the payment of which the
public lands and public property of Cuba, of whatever kind, and the fiscal
resources of the people and government of that island, from whatever
source to l)e derived, were pledged, as well as the good faith of the gov-
erimient expected to be established. All these means of ])ayment, it is
evident, were only to l)e obtained by a process of bloodshed, war, antl
revolution. None will deny that those who .set on foot military exjK'di-
tions again.st foreign states by means like these are far more culpal)le
than the ignorant and the necessitous whom they induce to go fortli as
the ostensible parties in the proceeding. The.se originators of the inva-
sion of Cuba seem to have determined witli coohiess and system ui><)n
an undertaking which should di.sgrace tlieir country, violate its laws,
and put to hazard the lives of ill-infonned and deluded men. Yon will
con.sider whether further legislation be necessary to j)revent the i>eri)e-
tration of such offen.ses in future.

No individuals have a right to hazard the jx^ace of the- country or to

ii6 Messages and Papers of the Presidents

violate its laws upon vague notions of altering or reforming govern-
ments in other states. This principle is not only reasonable in itself
and in accordance with public law, but is ingrafted into the codes of
other nations as well as our own. But while such are the sentiments
of this Government, it may be added that every independent nation
must be presumed to be able to defend its possessions against unau-
thorized individuals banded together to attack them. The Government
of the United States at all times since its establishment has abstained
and has sought to restrain the citizens of the country from entering into
controversies between other powers, and to observe all the duties of
neutrality. At an early period of the Government, in the Administra-
tion of Washington, several laws were passed for this purpose. The
main provisions of these laws were reenacted by the act of April, 1818,
by which, amongst other things, it was declared that —

If any person shall, within the territory or jurisdiction of the United States, begin,
or set on foot, or provide or prepare the means for, any military expedition or enter-
prise to be carried on from thence against the territory or dominions of any foreign
prince or state, or of any colony, district, or people, with whom the United States
are at peace, every person so offending shall be deemed guilty of a high misdemeanor,
and shall be fined not exceeding J53,ooo and imprisoned not more than three years.

And this law has been executed and enforced to the full extent of the
power of the Government from that day to this.

In proclaiming and adhering to the doctrine of neutrality and nonin-
tervention, the United States have not followed the lead of other civilized
nations; they have taken the lead themselves and have been followed by
others. This was admitted by one of the most eminent of modern British
statesmen, who said in Parliament, while a minister of the Crown, ' ' that if
he wished for a guide in a system of neutrality he should take that laid
down by America in the days of Washington and the secretaryship of
Jefferson;" and we see, in fact, that the act of Congress of 18 18 was fol-
lowed the succeeding year by an act of the Parliament of England sub-
stantially the same in its general provisions. Up to that time there had
been no similar law in Bngland, except certain highly penal statutes
passed in the reign of George II, prohibiting English subjects from enlist-
ing in foreign service, the avowed object of which statutes was that
foreign armies, raised for the purpose of restoring the house of Stuart to
the throne, should not be strengthened by recruits from England herself.

All must see that difficulties may arise in carrying the laws referred
to into execution in a country now having 3,000 or 4,000 miles of sea-
coast, with an infinite number of ports and harbors and small inlets, from
some of which unlawful expeditions may suddenly set forth, without the
knowledge of Government, against the possessions of foreign states.

" Friendly relations with all, but entangling alliances with none," has
long been a maxim with us. Our true mission is not to propagate our
opinions or impose upon other countries our form of government by arti-

Millard Fillmore

117

fice or force, but to teach by example and show by our success, moder-
ation, and justice the blessings of self-government and the advantages of
free institutions. Let every people choose for itself and make and alter
its political institutions to suit its own condition and convenience. But
while we avow and maintain this neutral policy ourselves, we are anxious
to see the same forbearance on the part of other nations whose forms of
government are different from our own. The deep interest which we feel
in the spread of liberal principles and the establishment of free govern-
ments and the sympathy with which we witness everj' struggle against
oppression forbid that we should be indifferent to a case in which the
strong arm of a foreign power is invoked to stifle public sentiment and
repress the spirit of freedom in any country.

The Governments of Great Britain and France have issued orders to
their naval commanders on the West India station to prevent, by force
if necessary, the landing of adventurers from any nation on the island of
Cuba with hostile intent. The copy of a memorandum of a conversation
on this subject between the charge d'affaires of Her Britannic Majesty
and the Acting Secretary of State and of a subsequent note of the former
to the Department of State are herewith submitted, together with a copy
of a note of the Acting Secretary of State to the minister of the French
Republic and of the reply of the latter on the same subject. These papers
will acquaint you with the grounds of this interposition of two leading
commercial powers of Europe, and with the apprehensions, which this
Government could not fail to entertain, that such interposition, if carried
into effect, might lead to abuses in derogation of the maritime rights of
the United States. The maritime rights of the United States are founded
on a firm, secure, and well-defined basis; they stand upon the ground of
national independence and public law, and will l)e maintained in all their
full and just extent. The principle which this Government has hereto-
fore .solemnly announced it still adheres to, and will maintaiTi under all
circumstances and at all hazards. That principle is that in every regu-
larly documented merchant vessel the crew who navigate it and those on
lx)ard of it will find their protection in the flag which is over them. No
American .ship can l)e allowed to be visited or .searched for the purpose
of a.scertaining the character of individuals on board, nor can there l)e
allowed any watch by the vessels of any foreign nation over American
vessels on the coa.st of the United States or the seas adjacent thereto. It
will h^ seen by the last communication from the British charge d'affaires
to the Department of State that he is authorized to assure the Secretary
of State that every care will be taken that in executing the preventive
mea.sures against the expeditions which the United vStates Govertuncnt
itself has denounced as not Ix^ing entitled to the protection of any gov-
emment no interference .shall take place with the lawful conunerce of
any nation.

In addition to the correspondence on this subject herewith submitted.

ii8 Messages and Papers of the Presidents

official information has been received at the Department of State of assur-
ances by the French Government that in the orders given to the French
naval forces they were expressly instructed, in any operations they might
engage in, to respect the flag of the United States wherever it might ap-
pear, and to commit no act of hostility upon any vessel or armament under
its protection.

Ministers and consuls of foreign nations are the means and agents of
communication between us and those nations, and it is of the utmost
importance that while residing in the country they should feel a perfect
security so long as they faithfully discharge their respective duties and
are guilty of no violation of our laws. This is the admitted law of nations
and no country has a deeper interest in maintaining it than the United
States. Our commerce spreads over every sea and visits ever>' clime, and
our ministers and consuls are appointed to protect the interests of that
commerce as well as to guard the peace of the country and maintain the
honor of its flag. But how can they discharge these duties unless they
be themselves protected? And if protected it must be by the laws of the
country in which they reside. And what is due to our own public func-
tionaries residing in foreign nations is exactly the measure of what is
due to the functionaries of other governments residing here. As in war
the bearers of flags of truce are sacred, or else wars would be intermi-
nable, so in peace ambassadors, public ministers, and consuls, charged
with friendly national intercourse, are objects of especial respect and pro-
tection, each according to the rights belonging to his rank and station.
In view of these important principles, it is with deep mortification and
regret I announce to you that during the excitement growing out of the
executions at Havana the office of Her Catholic Majesty's consul at New
Orleans was assailed by a mob, his property destroyed, the Spanish flag
found in the office carried off and torn in pieces, and he himself induced
to flee for his personal safety, which he supposed to be in danger. On
receiving intelligence of these events I forthwith directed the attorney
of the United States residing at New Orleans to inquire into the facts
and the extent of the pecuniary loss su.stained by the consul, with the
intention of laying them before you, that you might make provision for
such indemnity to him as a just regard for the honor of the nation and
the respect which is due to a friendly power might, in your judgment,
seem to require. The correspondence upon this subject between the
Secretary of State and Her Catholic Majesty's minister plenipotentiary
is herewith transmitted.

The occurrence at New Orleans has led me to give my attention to the
state of our laws in regard to foreign ambassadors, ministers, and con-
suls. I think the legislation of the country is deficient in not providing
sufficiently either for the protection or the punishment of consuls. I
therefore recommend the subject to the consideration of Congress.

Your attention is again invited to the question of reciprocal trade

Millard Fillmore

119

between the United States and Canada and other British possessions near
our frontier. Overtures for a convention upon this subject have been
received from Her Britannic Majesty's minister plenipotentiary, but it
seems to be in many respects preferable that the matter should be regu-
lated by reciprocal legislation. Documents are laid before you showing
the terms which the British Government is willing to offer and the meas-
ures which it may adopt if some arrangement upon this subject shall not
be made.

From the accompanying copy of a note from the British legation at
Washington and the reply of the Department of State thereto it will
appear that Her Britannic Majesty's Government is desirous that a part
of the boundary line between Oregon and the British possessions should
be authoritatively marked out, and that an intention was expressed to
apply to Congress for an appropriation to defray the expense thereof on
the part of the United States. Your attention to this subject is accord-
ingly invited and a proper appropriation recommended.

A convention for the adjustment of claims of citizens of the United
States against Portugal has been concluded and the ratifications have
been exchanged. The first installment of the amount to be paid by
Portugal fell due on the 30th of September last and has been paid.

The President of the French Republic, according to the provisions of
the convention, has been selected as arbiter in the case of the General
Armstrong , and has signified that he accepts the trust and the high satis-
faction he feels in acting as the common friend of two nations with which
France is united by sentiments of sincere and lasting amity.

The Turkish Government has expressed its thanks for the kind recep-
tion ^iven to the Sultan's agent, Amin Bey, on the occasion of his recent
visit to the United States. On the 28th of February last a dispatch was
addressed by the Secretary' of State to Mr. Marsh, the American minister
at Constantinople, instructing him to ask of the Turkish Govecjnnent
permi.ssion for the Hungarians then imprisoned within the dominions of
the Sublime Porte to remove to this country-. On the 3d of March last
both Houses of Congress passed a resolution requesting the President to
authorize the employment of a public vessel to convey to this country
Louis Kossuth and his associates in captivity.

The instruction above referred to was complied with, and the Turk-
ish Government having released Governor Kossuth and his companions
from prison, on the loth of Septcml>er last they embarked on board of
the United States steam frigate Mississippi, which was .selected to carry
into effect the resolution of Congress. Governor Ko.ssuth left the Missis-
sippi 7\X Gibraltar for the purpose of making a visit to Kngland, and may
shortly be expected in New York. By commuincations to the Depart-
ment of State he has expressed his grateful acknowledgments for the
interjwsition of this Government in behalf of himself and his associates.
This country has l>een justly regarded as a .safe asylum for those whom

I20 Messages and Papers cfthe Presidents

political events have exiled from their own homes in Europe, and it is
recommended to Congress to consider in what manner Governor Kossuth
and his companions, brought hither by its authority, shall be received
and treated.

It is eamestlj' to be hoped that the differences which have for some
time past been pending between the Government of the French Republic
and that of the Sandwich Islands niaj^be peaceably and durablj' adjusted
so as to secure the independence of those islands. lyong before the events
which have of late imparted so much importance to the possessions of
the United States on the Pacific we acknowledged the independence
of the Hawaiian Government. This Government was first in taking that
step, and several of the leading powers of Europe immediately followed.
We were influenced in this measure by the existing and prospective
importance of the islands as a place of refuge and refreshment for our
vessels engaged in the whale fisher>% and by the consideration that they
lie in the course of the great trade which must at no distant day be car-
ried on between the western coast of North America and eastern Asia.

We were also influenced by a desire that thOvSe islands .should not pass
under the control of any other great maritime state, but should remain
in an independent condition, and so be accessible and useful to the
commerce of all nations. I need not say that the importance of these
considerations has been greatly enhanced by the sudden and vast devel-
opment which the interests of the United States have attained in Cali-
fornia and Oregon, and the policy heretofore adopted in regard to those
islands will be steadily pursued.

It is gratifying, not only to those who consider the commercial inter-
ests of nations, but also to all who favor the progress of knowledge and
the diffusion of religion, to see a community emerge from a savage state
and attain such a degree of civilization in those distant seas.

It is much to be deplored that the internal tranquillity of the Mexican
Republic should again be seriously disturbed, for since the peace between
that Republic and the United States it had enjoyed such comparative
repose that the most favorable anticipations for the future might with
a degree of confidence have been indulged. These, however, have been
thwarted by the recent outbreak in the State of Tamaulipas, on the right
bank of the Rio Bravo. Having received information that persons from
the United States had taken part in the insurrection, and apprehend-
ing that their example might be followed by others, I caused orders to
be issued for the purpose of preventing any ho.stile expeditions against
Mexico from being set on foot in violation of the laws of the United
States. I likewise issued a proclamation upon the subject, a cop}* of
which is herewith laid before you. This appeared to be rendered im-
perative by the obligations of treaties and the general duties of good
neighborhood.

In my last annual message I informed Congress that citizens of the

Millard Fillmore i2t

United States had undertaken the connection of the two oceans by means
of a railroad across the Isthmus of Tehuantepec, under a grant of the
Mexican Government to a citizen of that RepubHc, and that this enter-
prise would probably be prosecuted with energy whenever Mexico should
consent to such stipulations with the Government of the United States
as should impart a feeling of security to those who should invest their
property in the enterprise.

A convention between the two Governments for the accomplishment
of that end has been ratified b}- this Government, and only awaits the
decision of the Congress and the Executive of that Republic.

Some unexpected difficulties and delay's have arisen in the ratification
of that convention b}^ Mexico, but it is to be presumed that her decision
will be governed by just and enlightened views, as well of the general
importance of the object as of her own interests and obligations.

In negotiating upon this important subject this Government has had
in view one, and only one, object. That object has been, and is, the con-
struction or attainment of a passage from ocean to ocean, the shortest
and the best for travelers and merchandise, and equally open to all the
world. It has sought to obtain no territorial acquisition, nor any advan-
tages peculiar to itself; and it would see with the greatest regret that
Mexico should oppose any obstacle to the accomplishment of an enter-
prise which promises so much convenience to the whole commercial world
and such eminent advantages to Mexico herself. Impressed with these
sentiments and these convictions, the Government will continue to exert
all proper efforts to bring alx)Ut the necessary' arrangement with the Re-
public of Mexico for the speedy completion of the work.

For some months past the Republic of Nicaragua has been the theater
of one of those civil convulsions from which the cause of free institutions
and the general prosperity and social progress of the States of Central
America have so often and so severely suffered. Until quiet shall have
been restored and a government apparently stable shall have been organ-
ized, no advance can prudently be made in disjx)sing of the questions
pending l)etween the two countries.

I am happy to announce that an interoceanic communication from the
mouth of the St. John to the Pacific has l)een so far accomplished as that
passengers have actually traversed it and merchandise has lieen trans-
ported over it, and when the canal shall have been completed according
to the original plan the means of conununication will be further improved.
It is undcrstofKl that a considcral)le part of the railroad acro.ss the Isth-
mus of Panama has l>een completed, and that the mail and pa.ssengers
will in future l)e conveyed thereon.

Whichever of the several routes between the two oceans may ulti-
mately prove most eligible for travelers to and from the different vStates
on the Atlantic and Gulf of Mexico and our coast on the Pacific, there
is little reason to doubt that all of them will be u.seful to the public, and

122 Messages and Papers of the Presidents

will liberally reward that individual enterprise by which alone they have
been or are expected to be carried into effect.

Peace has been concluded between the contending parties in the island
of St. Domingo, and, it is hoped, upon a durable basis. Such is the ex-
tent of our commercial relations with that island that the United States
can not fail to feel a strong interest in its tranquillity.

The office of commissioner to China remains unfilled. Several persons
have been appointed, and the place has been offered to others, all of whom
have declined its acceptance on the ground of the inadequacy of the
compensation. The annual allowance by law is $6,000, and there is no
provision for any outfit. I earnestly recommend the consideration of this
subject to Congress. Our commerce with China is highly important,
and is becoming more and more so in consequence of the increasing inter-
course between our ports on the Pacific Coast and eastern Asia. China
is understood to be a country in which living is very expensive, and I
know of no rea.son why the American commissioner sent thither should
not be placed, in regard to compensation, on an equal footing with min-
isters who represent this country at the Courts of Europe.

By reference to the report of the Secretary of the Treasury it will
be seen that the aggregate receipts for the last fiscal year amounted to
$52,312,979.87, which, with the balance in the Treasurj^ on the ist July,
1850, gave as the available means for the year the sum of $58,917,-
524.36.

The total expenditures for the same period were $48,005,878.68. The
total imports for the year ending June 30, 1851, were $215,725,995,
of which there were in specie $4,967,901. The exports for the same
period were $217,517,130, of which there were of domestic products
$178,546,555; foreign goods reexported, $9,738,695; specie, $29,231,880.

Since the ist of December last the payments in cash on account of the
public debt, exclusive of interest, have amounted to $7,501 ,456.56, which,
however, includes the sum of $3,242,400, paid under the twelfth article
of the treaty with Mexico, and the further sum of $2,591,213.45, being
the amount of awards to American citizens under the late treaty with
Mexico, for which the issue of stock was authorized, but which was paid
in cash from the Treasur)-.

The public debt on the 20th ultimo, exclusive of the stock authorized
to be issued to Texas by the act of 9th September, 1850, was $62,560,-
395-26.

The receipts for the next fiscal year are estimated at $51,800,000,
which, with the probable unappropriated balance in the Treasury on
the 30th June next, will give as the probable available means for that
year the sum of $63,258,743.09.

It has been deemed proper, in view of the large expenditures conse-
quent upon the acquisition of territory from Mexico, that the estimates
for the next fiscal year should be laid before Congress in such manner as

Millard Filbnore

123

to distinguish the expenditures so required from the otherwise ordinary
demands upon the Treasury.

The total expenditures for the next fiscal year are estimated at $42,-
892,299.19, of which there is required for the ordinary purposes of the
Government, other than those consequent upon the acquisition of our new
territories, and deducting the payments on account of the public debt,
the sum of $33,343,198.08, and for the purposes connected, directly or
indirectly, with those territories and in the fulfillment of the obligations
of the Government contracted in consequence of their acquisition the
sum of $9,549,101.11.

If the views of the Secretary of the Treasury in reference to the
expenditures required for these territories shall be met by correspond-
ing action on the part of Congress, and appropriations made in accord-
ance therewith, there will be an estimated unappropriated balance in the
Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to meet
that portion of the public debt due on the ist of July following, amount-
ing to $6,237,931.35, as well as any appropriations which may be made
beyond the estimates.

In thus referring to the estimated expenditures on account of our
newly acquired territories, I may express the hope that Congress will
concur with me in the desire that a liberal course of ix)licy may be pur-
sued toward them, and that ever>' obligation, express or implied, entered
into in consequence of their acquisition shall be fulfilled b}- the most lib-
eral appropriations for that pur|X)se.

The values of our domestic exports for the last fiscal year, as compared
with those of the previous year, exhibit an increase of $43,646,322. At
first view this condition of our trade with foreign nations would seem to
present the most flattering hopes of its future prosperity. An examina-
tion of the details of our exports, however, will show that the increased
value of our exports for the last fiscal year is to be found in the high
price of cotton which prevailed during the first half of that year, which
price has since declined alx)ut one-half.

The value of our exports of breadstuffs and provisions, which it was
supposed the incentive of a low tariff and large imi"Kirtations from abn^ad
would have greatly augmented, has fallen from ^^8,701,921 in 1S47 to
$26,051,373 in 1850 and to $21,948,653 in 185 1, with a strong jirobabil-
ity, amounting almo.st to a certainty, of a .still further reduction in the
current year.

The aggregate values of rice exjwrted during the last fiscal yenr. as
compared with the previous year, also exhibit a decrease, amounting to
$460,917, which, with a decline in the values of tlic exports of tob.-ici^o
for the same perio<l, make an aggregate decrease in these two articles ot
$1,156,751.

The policy which dictated a low rate of fhities on foreign niertliandise.
it was thought by those who i)romote(l and established it, would tend to

124 Messages a^id Papers of the Presidents

benefit the farming population of this country by increasing the demand
and raising the price of agricultural products in foreign markets.

The foregoing facts, however, seem to show incontestably that no such
result has followed the adoption of this polic}'. On the contrary, not-
withstanding the repeal of the restrictive corn laws in England, the
foreign demand for the products of the American farmer has steadily
declined, since the short crops and consequent famine in a portion
of Europe have been happily replaced by full crops and comparative
abundance of food.

It will be seen b}' recurring to the commercial statistics for the past
year that the value of our domestic exports has been increased in the
single item of raw cotton by $40,000,000 over the value of that export
for the year preceding. This is not due to any increased general demand
for that article, but to the short crop of the preceding 3'ear, which cre-
ated an increased demand and an augmented price for the crop of last
year. Should the cotton crop now going forw^ard to market be only
equal in quantity to that of the year preceding and be sold at the pres-
ent prices, then there would be a falling off in the value of our exports
for the present fiscal year of at least $40,000,000 compared with the
amount exported for the 3'ear ending 30th June, 1851.

The production of gold in California for the past year seems to promise
a large supply of that metal from that quarter for some time to come.
This large annual increase of the currency of the world must be attended
with its usual results. These have been already partially disclosed in
the enhancement of prices and a rising spirit of speculation and adven-
ture, tending to overtrading, as well at home as abroad. Unless some
salutary check shall be given to these tendencies it is to be feared that
importations of foreign goods beyond a healthy demand in this country
will lead to a sudden drain of the precious metals from us, bringing with
it, as it has done in former times, the most disastrous consequences to
the business and capital of the American people.

The exports of specie to liquidate our foreign debt during the past
fiscal 3'ear have been $24,263,979 over the amount of specie imported.
The exports of specie during the first quarter of the present fiscal year
have been $14,651,827. Should specie continue to be exported at this
rate for the remaining three quarters of this year, it will drain from our
metallic currency during the year ending 30th June, 1852, the enormous
amount of $58,607,308.

In the present prosperous condition of the national finances it will be-
come the duty of Congress to consider the best mode of paying off the
public debt. If the present and anticipated surplus in the Treasury
should not be absorbed hy appropriations of an extraordinary character,
this surplus should be employed in such way and under such restric-
tions as Congress may enact in extinguishing the outstanding debt of
the nation.

Millard Filbnore

125

By reference to the act of Congress approved 9th September, 1850, it
will be seen that, in consideration of certain concessions by the State of
Texas, it is provided that —

The United States shall pay to the State of Texas the sum of |io,ooo,ooo in a stock
bearing 5 per cent interest and redeemable at the end of fourteen years, the interest
payable half-yearly at the Treasiuy of the United States.

In the same section of the law it is further provided —

That no more than five millions of said stock shall be issued until the creditors of
the State holding bonds and other certificates of stock of Texas, yb/' which duties on
imports were specially pledged, shall first file at the Treasury- of the United States
releases of all claims against the United States for or on account of said bonds or cer-
tificates, in such form as shall be prescribed by the Secretary of the Treasiury and
approved by the President of the United States.

The form of release thus provided for has been prescribed by the Sec-
retary of the Treasury and approved. It has been published in all the
leading newspapers in the commercial cities of the United States, and
all persons holding claims of the kind specified in the foregoing proviso
were required to file their releases (in the form thus prescribed) in the
Treasury of the United States on or before the ist day of October,
1 85 1. Although this publication has been continued from the 25th day
of March, 185 1, yet up to the ist of October last comparatively few
releases had been filed by the creditors of Texas.

The authorities of the State of Texas, at the request of the Secretary of
the Treasury, have furnished a schedule of the public debt of that State
created prior to her admission into the Union, with a copy of the laws
under which each class was contracted.

I have, from the documents furnished by the State of Texas, determined
the classes of claims which in my judgment fall within the provisions of the
act of Congress of the 9th of September, 1850.

On being officially informed of the acceptance by Texas of the proix)-
sitions contained in the act referred to I cau.sed the stock to be prepared ,
and the five millions which are to be issued unconditionally, bearing an
interest of 5 per cent from the ist day of January, 1851, have been for
some time ready to be delivered to the State of Texas. The authorities
of Texas up to the present time have not authorized anyone to receive
this stock, and it remains in the Treasury Department subject to the
order of Texas.

The releases required by law to be deposited in the Treasury not luu-
ing Ijeen filed there, the remaining five millions have not been is.suecl.
This last amount of the .stock will be withheld from Texas until the con-
ditions upon which it is to l)e delivered .shall Ix? complied with by the
creditors of that State, unless Congress shall otherwise direct by a nuxli-
fication of the law.

In my last annual message, to which I resixictfully refer. I stated
briefly the reasons which induced me to recommend a modification of

126 Messages and Papers of the Presidents

the present tariff by converting the ad valorem into a specific duty wher-
ever the article imported was of such a character as to permit it, and that
such a discrimination should be made in favor of the industrial pursuits
of our own country as to encourage home production without excluding
foreign competition.

The numerous frauds which continue to be practiced upon the revenue
by false invoices and undervaluations constitute an unanswerable rea-
son for adopting specific instead of ad valorem duties in all cases where
the nature of the commodity does not forbid it. A striking illustration
of these frauds will be exhibited in the report of the Secretary of the
Treasury, showing the custom-house valuation of articles imported under
a former law, subject to specific duties, when there was no inducement to
undervaluation, and the custom-house valuations of the same articles
under the present system of ad valorem duties, so greatly reduced as to
leave no doubt of the existence of the most flagrant abuses under the
existing laws. This practical evasion of the present law, combined with
the languishing condition of some of the great interests of the country,
caused by over importations and consequent depressed prices, and with
the failure in obtaining a foreign market for our increasing surplus of
breadstuffs and provisions, has induced me again to recommend a modifi-
cation of the existing tariff.

The report of the Secretary of the Interior, which accompanies this
communication, will present a condensed statement of the operations of
that important Department of the Government.

It will be seen that the cash sales of the public lands exceed those of
the preceding year, and that there is reason to anticipate a still further
increase, notwithstanding the large donations which have been made to
many of the States and the liberal grants to individuals as a reward for
militar}^ services. This fact furnishes very gratifying evidence of the
growing wealth and prosperity of our countr3^

Suitable measures have been adopted for commencing the surv^ey of the
public lands in California and Oregon. Surveying parties have been organ-
ized and some progress has been made in establishing the principal base
and meridian lines. But further legislation and additional appropriations
wall be necessary before the proper subdivisions can be made and the
general land system extended over those remote parts of our territory.

On the 3d of March last an act was passed providing for the appoint-
ment of three commissioners to .settle private land claims in California.
Three persons were immediately appointed, all of whom, however, de-
clined accepting the office in consequence of the inadequacy of the com-
pensation. Others were promptly selected, who for the same reason
also declined, and it was not until late in the season that the ser\-ices of
suitable persons could be secured. A majority of the commissioners con-
vened in this city on the loth of September last, when detailed instruc-
tions were given to them in regard to their duties. Their first meeting

Millard Fillmore 127

for the transaction of business will be held in San Francisco on the 8th
day of the present month.

I have thought it proper to refer to these facts, not only to explain the
causes of the delay in filling the commission, but to call your attention
to the propriety of increasing the compensation of the commissioners.
The office is one of great labor and responsibility, and the compensation
should be such as to command men of a high order of talents and the
most unquestionable integrity.

The proper disposal of the mineral lands of California is a subject sur-
rounded by great difficulties. In my last annual message I recommended
the survey and sale of them in small parcels under such restrictions as
would effectually guard against monopoly and speculation; but upon
further information, and in deference to the opinions of persons familiar
with the subject, I am inclined to change that recommendation and to
advise that they be permitted to remain as at present, a connnon field,
open to the enterprise and industry of all our citizens, until further expe-
rience shall have developed the best policy to be ultimately adopted in
regard to them. It is safer to suffer the inconveniences that now exist
for a short period than by premature legislation to fasten on the country
a system founded in error, which may place the whole subject beyond the
future control of Congress.

The agricultural lands should, however, Ije surveyed and brought into
market with as little delay as possible, that the titles may become settled
and the inhabitants stimulated to make permanent improvements and
enter on the ordinary pursuits of life. To effect these objects it is desir-
able that the necessary provision be made by law for the establishment of
land offices in California and Oregon and for the efficient prosecution
of the surveys at an early day.

Some difficulties have occurred in organizing the Territorial govern-
ments of New Mexico and Utah, and when more accurate information
shall \y^ obtained of the causes a further communication will Ix.' made on
that subject.

In my last annual communication to Congress I reconunended the es-
tablishment of an agricultural bureau, and I take this occasion again to
invoke your favorable con.sideration of the subject.

Agriculture may justly l>e regarded as the great interest of our jK'ople.
Four-fifths of our active population are employed in tlie cultivation of
the soil, and the rapid expansion of our settlements over new territory is
daily adding to the number of those engaged in that vocation. Justice
and sound ix)licy, therefore, alike require that the Ciovernment sliould
use all the means authorized l)y the Constitution to ])roin<)te the interests
and welfare of that important class of our fellow-citizens. And yet it is
a singular fact that whilst the manufacturing and commercial interests
have engaged the attention of Congress during a large ]>ortion of every
session and our .statutes abound in provi.sions for their ])rotection and

128 Messages and Papers of the Presidents

encouragement, little has yet been done directly for the advancement of
agriculture. It is time that this reproach to our legislation should be
removed, and I sincerely hope that the present Congress will not close
their labors without adopting efficient means to supply the omissions of
those who have preceded them.

An agricultural bureau, charged with the duty of collecting and dis-
seminating correct information as to the best modes of cultivation and of
the most effectual means of preserving and restoring the fertility of the
soil and of procuring and distributing seeds and plants and other vege-
table productions, with instructions in regard to the soil, climate, and
treatment best adapted to their growth, could not fail to be, in the lan-
guage of Washington in his last annual message to Congress, a "very
cheap instrument of immense national benefit."

Regarding the act of Congress approved 28th September, 1850, grant-
ing bounty lands to persons who had been engaged in the military serv-
ice of the country, as a great measure of national justice and munificence,
an anxious desire has been felt by the officers intrusted with its imme-
diate execution to give prompt eifect to its provisions. All the means
within their control were therefore brought into requisition to expedite
the adjudication of claims, and I am gratified to be able to state that
near 100,000 applications have been considered and about 70,000 war-
rants issued within the short space of nine months. If adequate pro-
vision be made by law to carry into effect the recommendations of the
Department, it is confidently expected that before the close of the next
fiscal year all who are entitled to the benefits of the act will have
received their warrants.

The Secretary of the Interior has suggested in his report various amend-
ments of the laws relating to pensions and bounty lands for the purpose
of more effectually guarding against abuses and frauds on the Govern-
ment, to all of which I invite your particular attention.

The large accessions to our Indian population consequent upon the
acquisition of New Mexico and California and the extension of our
settlements into Utah and Oregon have given increased interest and
importance to our relations with the aboriginal race.

No material change has taken place within the last year in the condi-
tion and prospects of the Indian tribes who reside in the Northwestern
Territory and west of the Mississippi River. We are at peace with all
of them, and it will be a source of pleasure 10 you to learn that they are
gradually advancing in civilization and the pursuits of social life.

Along the Mexican frontier and in California and Oregon there have
been occasional manifestations of unfriendly feeling and some depreda-
tions committed. I am satisfied, however, that they resulted more from
the destitute and starving condition of the Indians than from any settled
hostility toward the whites. As the settlements of our citizens progress
toward them, the game, upon which they mainly rely for subsistence, is

Millard Fillmore

129

driven off or destroyed, and the only alternative left to them is starva-
tion or plunder. It becomes us to consider, in view of this condition of
things, whether justice and humanit}-, as well as an enlightened economy,
do not require that instead of seeking to punish them for offenses which
are the result of our own policy toward them we should not provide for
their immediate wants and encourage them to engage in agriculture and
to rely on their labor instead of the chase for the means of support.

Various important treaties have been negotiated with different tribes
during the year, by which their title to large and valuable tracts of coun-
try has been extinguished, all of which will at the proper time be sub-
mitted to the Senate for ratification.

The joint commission under the treaty of Guadalupe Hidalgo has been
actively engaged in running and marking the boundary line between
the United States and Mexico. It was stated in the last annual report
of the Secretary of the Interior that the initial point on the Pacific and
the point of junction of the Gila with the Colorado River had been de-
termined and the intervening line, about 150 miles in length, run and
marked by temporary monuments. Since that time a monument of
marble has been erected at the initial point, and permanent landmarks
of iron have l^een placed at suitable distances along the line.

The initial point on the Rio Grande has also been fixed by the conuiiis-
sioners, at latitude 32° 22', and at the date of the last communication the
survey of the line had been made thence westward about 150 miles to
the neighborhood of the copper mines.

The commission on our part was at first organized on a scale which
experience proved to be unwieldy and attended with unnecessary ex-
pense. Orders have therefore been issued for the reduction of the num-
ber of persons employed within the smallest limits consistent with the
safety of those engaged in the service and the prompt and efficient execu-
tion of their important duties.

Returns have l)een received from all the officers engaged in taking the
census in the States and Territories except Cahfornia. The superintend-
ent employed to make the enumeration in that State has not yet made
his full report, from causes, as he alleges, beyond his control. This
failure is much to lie regretted, as it has prevented the Secretary of the
ItUerior from making the decennial apportionment of Representatives
among the States, as required by the act approved May 23, 1S50. It is
hoped, however, that the returns will .scmju be received, and no time will
then Ix? lost in making the necessary apportiomnent and in transmitting
the certificates required by law.

The Superintendent of the Seventh Census is diligently eniiiloyed,
under the direction of the ^Secretary of the Interior, in classifying and
arranging in tabular form all the statistical information derived from the
returns of the marshals, and it is l)elieved that when the work sliall he
completed it will exhibit a more jxjrfect view of the pojiulation, wealtli,
M P— vol, v — 9

130 Messages and Papers of the Presidents

CKCUpations, and social condition of a great country than has ever been
presented to the world. The value of such a work as the basis of enlight-
ened legislation can hardly be overestimated, and I earnestly hope that
Congress will lose no time in making the appropriations necessary to
complete the classifications and to publish the results in a style worthy
of the subject and of our national character.

The want of a uniform fee bill, prescribing the compensation to be
allowed district attorneys, clerks, marshals, and commissioners in civil
and criminal cases, is the cause of much vexation, injustice, and com-
plaint. I would recommend a thorough revision of the laws on the
whole subject and the adoption of a tariff of fees which, as far as prac-
ticable, should be uniform, and prescribe a specific compensation for every
service which the officer may be required to perform. This subject will
be fully presented in the report of the Secretary of the Interior.

In my last annual message I gave briefly my reasons for believing that
you possessed the constitutional power to improve the harbors of our
Great I^akes and seacoast and the navigation of our principal rivers, and
recommended that appropriations should be made for completing such
works as had already been conmienced and for commencing such others
as might seem to the wisdom of Congress to be of public and general
importance. Without repeating the reasons then urged, I deem it my
duty again to call your attention to this important subject. The works
on many of the harbors were left in an unfinished state, and conse-
quently exposed to the action of the elements, which is fast destroying
them. Great numbers of lives and vast amounts of property are annually
lost for want of safe and convenient harbors on the Lakes. None but
those who have been exposed to that dangerous navigation can fully
appreciate the importance of this subject. The whole Northwest appeals
to 3'ou for relief, and I trust their appeal will receive due consideration
at your hands.

The same is in a measure true in regard to some of the harbors and
inlets on the seacoast.

The unobstructed navigation of our large rivers is of equal impor-
tance. Our settlements are now extending to the sources of the great
rivers which empty into and form a part of the Mi.ssissippi, and the value
of the public lands in those regions would be greatly enhanced by freeing
the navigation of those waters from obstructions. In view, therefore,
of this great interest, I deem it my duty again to urge upon Congress
to make such appropriations for these improvements as they may deem
necessary.

The surveys of the Delta of the Mississippi, with a view to the preven-
tion of the overflows that have proved so disastrous to that region of
country, have been nearly completed, and the reports thereof are now in
course of preparation and will shortly be laid before you.

The protection of our southwestern frontier and of the adjacent Mex-

Millard Fillmore 131

ican States against the Indian tribes within our border has claimed
my earnest and constant attention. Congress having failed at the last
session to adopt my recommendation that an additional regiment of
mounted men specially adapted to that service should be raised, all that
remained to be done was to make the best use of the means at my dis-
posal. Accordingly, all the troops adapted to that service that could
properly be spared from other quarters have been concentrated on that
frontier and officers of high reputation selected to command them. A
new arrangement of the military posts has also been made, whereby the
troops are brought nearer to the Mexican frontier and to the tribes they
are intended to overawe.

Sufficient time has not yet elapsed to realize all the benefits that are
expected to result from these arrangements, but I have every reason to
hope that they will effectually check their marauding expeditions. The
nature of the country, which furnishes little for the support of an army
and abounds in places of refuge and concealment, is remarkably well
adapted to this predator>' warfare, and we can scarcely hope that any mili-
tary force, combined with the greatest vigilance, can entirely suppress it.

By the treaty of Guadalupe Hidalgo we are bound to protect the ter-
ritory of Mexico against the incursions of the savage tribes within our
border ' ' with equal diligence and energy " as if the same were made
within our territory or against our citizens. I have endeavored to com-
ply as far as possible with this provision of the treaty. Orders have
been given to the officers commanding on that frontier to con.sider the
Mexican territory and its inhabitants as equally with our own entitled
to their protection, and to make all their plans and arrangements with
a view to the attainment of this object. Instructions have also lieen
given to the Indian commissioners and agents among these tribes in
all treaties to make the clauses designed for the protection of our own
citizens apply also to tho.se of Mexico. I have no reason to doubt that
these instructions have been fully carried into effect; nevertheless, it is
probable that in .spite of all our efforts some of the neighboring States
of Mexico may have suffered, as our own have, from depredations by the
Indians.

To the difficulties of defending our own territory, as alxivc mentioned,
are .superadded, in defending that of Mexico, those that arise from its
remoteness, from the fact that we have no right to station our troops
within her limits and that there is.no efficient military force on the Mexi-
can .side to cooj>erate with our own. So long as this shall contiiuie to l)e
the case the numl^er and activity of our troops will rather iiicrea.sc than
dimini.sh the evil, as the Indians will naturally turn toward that country
where they encounter the least resistance. Vet these tr(K)])s are neces-
.sary to subdue them and to compel them to make and <)l)servc' treaties.
Until this shall have been done neither country will enjoy any .security
from their attacks.

132 Messages and Papers of the Presidents

The Indians in California, who had previously appeared of a peaceable
character and disposed to cultivate the friendship of the whites, have
recently committed several acts of hostility. As a large portion of the
reenforcements sent to the Mexican frontier were drawn from the Pacific,
the military force now stationed there is considered entirely inadequate
to its defense. It can not be increased, however, without an increase of
the Army, and I again recommend that measure as indispensable to the
protection of the frontier.

I invite your attention to the suggestions on this subject and on
others connected with his Department in the report of the Secretary of
War.

The appropriations for the support of the Army during the current
fiscal year ending 30th June next were reduced far below the estimate
submitted by the Department. The consequence of this reduction is a
considerable deficiency, to which I invite your early attention.

The expenditures of that Department for the year ending 30th June
last were $9,060,268.58. The estimates for the year commencing ist
July next and ending June 30, 1853, are $7,898,775.83, showing a reduc-
tion of $1,161,492.75.

The board of commissioners to whom the management of the affairs
of the military asylum created by the act of 3d March last was intrusted
have selected a site for the establishment of an asylum in the vicinity
of this city, which has been approved by me subject to the production of
a satisfactory title.

The report of the Secretary of the Navy will exhibit the condition of
the public serv-ice under the supervision of that Department. Our naval
force afloat during the present year has been actively and usefully em-
ployed in giving. protection to our widel}' extended and increasing com-
merce and interests in the various quarters of the globe, and our flag has
everywhere afforded the security and received the respect inspired by the
justice and liberality of our intercour.se and the dignity and power of
the nation.

The expedition commanded by I^ieutenant De Haven, dispatched in
search of the British commander Sir John Franklin and his companions
in the Arctic Seas, returned to New York in the month of October, after
having undergone great peril and suffering from an unknown and dan-
gerous navigation and the rigors of a northern climate, without anj'-
satisfactory information of the objects of their search, but with new con-
tributions to science and navigation from the unfrequented polar regions.
The officers and men of the expedition having been all volunteers for
this service and having .so conducted it as to meet the entire approbation
of the Government, it is suggested, as an act of grace and generosity,
that the .same allowance of extra pay and emoluments be extended to
them that were made to the officers and men of like rating in the late
exploring expedition to the South Seas.

Millard Fillmore 133

I earnestly recommend to your attention the necessity of reorganizing
the naval establishment, apportioning and fixing the number of officers
in each grade, providing some mode of promotion to the higher grades
of the Navy having reference to merit and capacity rather than seniority
or date of entry into the service, and for retiring from the effective list
upon reduced pay those who may be incompetent to the performance of
active duty. As a measure of economy, as well as of efficiency, in this
arm of the service, the provision last mentioned is eminently worthy of
your consideration.

The determination of the questions of relative rank between the sea
officers and civil officers of the Navy, and between officers of the Army
and Navy, in the various grades of each, will also merit your attention.
The failure to provide any substitute when corporal punishment was
abolished for offenses in the Navy has occasioned the convening of nu-
merous courts-martial upon the arrival of vessels in port, and is believed
to have had an injurious effect upon the discipline and efficiency of the
service. To moderate punishment from one grade to another is among
the humane reforms of the age, but to abolish one of severity, which
applied so generally to offenses on shipboard, and provide nothing in its
stead is to suppose a progress of improvement in every individual among
seamen which is not assumed by the lyCgislature in respect to any other
class of men. It is hoped that Congress, in the ample opportunity af-
forded by the present session, will thoroughly investigate this important
subject, and establish such modes of determining guilt and such grada-
tions of punishment as are consistent with humanity and the personal
rights of individuals, and at the same time shall insure the most ener-
getic and efficient performance of duty and the suppression of crime in
our ships of war.

The stone dock in the navy-yard at New York, which was ten ^-ears in
process of construction, has been so far finished as to l)e surrendered up
to the authorities of the yard. The dry dock at Philadelphia is re]x)rted
as completed, and is expected soon to be tested and delivered over to the
agents of the Government. That at Portsmouth, N. H., is also nearly
ready for delivery; and a contract has been concluded, agreeably to the
act of Congress at its last session, for a floating .sectional dock on tlie Hay
of San Francisco. I invite your attention to the recommendation of the
Department touching the e.stabli.shment of a navy-yard in conjunction
with this dock on the Pacific. Such a station is highly necessary to the
convenience and effectiveness of our fleet in that ocean, which nuist he
expected to increase with the growth of conunerce and the rapid exten-
sion of our whale fisheries over its waters.

The Naval Academy at Annapolis, under a revised and improved sys-
tem of regulations, now affords opportimities of education and in.stniction
to the pupils quite equal, it is believed, for profes.sional improvement, to
those enjoyed by the cadets in the Military Academy. A large class of

134 Messages and Papers of the Presidents

acting midshipmen was received at the commencement of the last aca-
demic term, and a practice ship has been attached to the institution to
afford the amplest means for regular instruction in seamanship, as well
as for cruises during the vacations of three or four months in each year.

The advantages of science in nautical affairs have rarely been more
strikingly illustrated than in the fact, stated in the report of the Navy
Department, that by means of the wind and current charts projected and
prepared by L,ieutenant Maury, the Superintendent of the Naval Observ-
atory, the passage from the Atlantic to the Pacific ports of our country
has been shortened by about forty da3's.

The estimates for the support of the Navy and Marine Corps the ensu-
ing fiscal year will be found to be $5,856,472.19, the estimates for the
current 3'ear being $5,900,621.

The estimates for special objects under the control of this Department
amount to $2,684,220.89, against $2,210,980 for the present year, the
increase being occasioned by the additional mail service on the Pacific
Coast and the construction of the dock in California, authorized at the
last session of Congress, and some slight additions under the head of
improvements and repairs in na^^^-^-ards, buildings, and machinery.

I deem it of much importance to a just economy and a correct under-
standing of naval expenditures that there should be an entire separation
of the appropriations for the support of the naval ser\nce proper from
those for permanent improvements at navy-yards and stations and from
ocean steam mail service and other special objects assigned to the super-
vision of this Department.

The report of the Postmaster- General, herewith communicated, pre-
sents an interesting view of the progress, operations, and condition of his
Department.

At the close of the last fiscal year the length of mail routes within the
United States was 196,290 miles, the annual transportation thereon 53,-
272,252 miles, and the annual cost of such transportation $3,421,754.

The length of the foreign mail routes is estimated at 18,349 miles and
the annual transportation thereon at 615,206 miles. The annual cost of
this service is $1,472,187, of which $448,937 are paid by the Post-Office
Department and $1,023,250 are paid through the Navy Department.

The annual transportation within the United States, excluding the
service in California and Oregon, which is now for the first time reported
and embraced in the tabular statements of the Department, exceeds that
of the preceding year 6,162,855 miles, at an increased cost of $547,110.

The whole number of post-offices in the United States on the 30th day
of June last was 19,796. There were 1,698 post-offices established and
256 discontinued during the year.

The gross revenues of the Department for the fiscal year, including
the appropriations for the franked matter of Congress, of the Depart-
ments, and ofl&cers of Government, and excluding the foreign postages

Millard Fillmore

135

collected for and payable to the British post-office, amounted to $6,727,-
866.78.

The expenditures for the same period, excluding $20,599.49, paid
under an award of the Auditor, in pursuance of a resolution of the last
Congress, for mail service on the Ohio and Mississippi rivers in 1832 and
1833, and the amount paid to the British post-office for foreign post-
ages collected for and payable to that office, amounted to $6,024,566.79,
leaving a balance of revenue over the proper expenditures of the year of
$703,299.99.

The receipts for postages during the year, excluding the foreign post-
ages collected for and payable to the British post-office, amounted to
$6,345,747.21, being an increase of $997,610.79, or 18.65 percent, over
the like receipts for the preceding year.

The reduction of postage under the act of March last did not take
effect until the commencement of the present fiscal \'ear. The accounts
for the first quarter under the operation of the reduced rates will not be
settled before January next, and no reliable estimate of the receipts for
the present year can j'et be made. It is believed, however, that they
will fall far short of those of the la.st year. The surplus of the revenues
now on hand is, however, so large that no further appropriation from the
Treasury' in aid of the revenues of the Department is required for the
current fiscal year, but an additional appropriation for the year ending
June 30, 1853, will probably be found necessary when the receipts of the
first two quarters of the fiscal year are fully a.scertained.

In his last annual report the Postmaster-General recommended a reduc-
tion of postage to rates which he deemed as low as could be prudently
adopted unless Congress was prepared to appropriate from the Treasury
for the support of the Department a sum more than ec[uivalent to the
mail .services performed by it for the Government. The recommenda-
tions of the Postmaster- General in respect to letter postage, except on
letters from and to California and Oregon, were substantially adoi)ted l)y
the last Congress. He now recommends adherence to the present letter
rates and advises again.st a further reduction until justified by the reve-
nue of the Department.

He also recommends that the rates of ]X)stage on printed matter l)e so
revised as to render them more simple and more uniform in their ()])era-
tion upon all classes of printed matter. I sul^mit the recoinniendations
of the report to your favorable consideration.

The public statutes of the United vStates have now iK'en accunnilating
for more than sixty years, and, interspersed with private acts, are scat-
tered through numerous volumes, and. from the cost of the whole. ha\ e
l)ecoine almost inaccessil)le to the great mass of tiie communil> . They
also exhibit nnich of the incongruity and imiK-r faction of hasty legisla-
tion. As it seems to l)e generally conceded that there is no 'idnunon
law" of the United States to .supply the defects of their legislation, it

136 Messages and Papers of the Presidents

is most important that that legislation should be as perfect as possible,
defining every power intended to be conferred, e\'ery crime intended to
be made punishable, and prescribing the punishment to be inflicted. In
addition to some particular cases spoken of more at length, the whole
criminal code is now lamentably defective. Some offenses are imperfectly
described and others are entirely omitted, so that flagrant crimes may be
committed with impunity. The scale of punishment is not in all cases
graduated according to the degree and nature of the offense, and is often
rendered more unequal by the different modes of imprisonment or peni-
tentiary confinement in the different States.

Man}- laws of a permanent character have been introduced into appro-
priation bills, and it is often difficult to determine whether the particular
clause expires with the temporary act of which it is a part or continues
in force. It has also frequently happened that enactments and provisions
of law have been introduced into bills with the title or general subject of
which they have little or no connection or relation. In this mode of
legislation so many enactments ha^'e been heaped upon each other, and
often with but little consideration, that in many instances it is difficult
to search out and determine what is the law.

The Government of the United States is emphatically a government
of written laws. The statutes should therefore, as far as practicable,
not onl)' be made accessible to all, but be expressed in language so plain
and simple as to be understood by all and arranged in such method as
to give perspicuity to every subject. Many of the States have revised
their public acts with great and manifest benefit, and I recommend that
provision be made b}' law for the appointment of a commission to revise
the public statutes of the United States, arranging them in order, supply-
ing deficiencies, correcting incongruities, simplifying their language, and
reporting them to Congress for its action.

An act of Congress approved 30th September, 1850, contained a provi-
sion for the extension of the Capitol according to such plan as might be
approved b)^ the President, and appropriated $100,000 to be expended
under his direction by such architect as he should appoint to execute the
same. On examining the various plans which had been submitted by
different architects in pursuance of an advertisement by a committee of
the Senate no one was found to be entirely satisfactory, and it was there-
fore deemed advisable to combine and adopt the advantages of several.

The great object to be accomplished was to make such an addition as
would afford ample and convenient halls for the deliberations of the two
Houses of Congress, with sufficient accommodations for spectators and
suitable apartments for the committees and officers of the two branches
of the Legislature. It was also desirable not to mar the harmony and
beauty of the present structure, which, as a specimen of architecture, is
so universally admired. Keeping these objects in view, I concluded to
make the addition by wings, detached from the present building, yet

Millard Fillmore

137

connected with it by corridors. This mode of enlargement will leave the
present Capitol uninjured and afford great advantages for ventilation
and the admission of light, and will enable the work to progress without
interrupting the deliberations of Congress. To cdxxy this plan into effect
I have appointed an experienced and competent architect. The corner
stone was laid on the 4th day of July last with suitable ceremonies, since
which time the work has advanced with commendable rapidity-, and the
foundations of both wings are now nearly complete.

I again commend to your favorable regard the interests of the District
of Columbia, and deem it only necessar}' to remind you that although its
inhabitants have no voice in the choice of Representatives in Congress,
they are not the less entitled to a just and liberal consideration in your
legislation. My opinions on this subject were more fully expressed in
my last annual communication.

Other subjects were brought to the attention of Congress in my last
annual message, to which I would respectfulh' refer. But there was
one of more than ordinary interest, to which I again invite your special
attention. I allude to the recommendation for the appointment of a
commission to settle private claims against the United States. Justice
to individuals, as well as to the Government, imperatively demands that
some more convenient and expeditious mode than an appeal to Congress
should be adopted.

It is deeph' to be regretted that in several instances officers of the
Gov^ernment, in attempting to execute the law for the return of fugi-
tives from labor, have been openly resisted and their efforts fru.strated
and defeated by lawless and violent mobs; that in one case such resist-
ance resulted in the death of an estimable citizen, and in others seri-
ous injury ensued to those officers and to individuals who were using
their endeavors to sustain the laws. Prosecutions have been instituted
against the alleged offenders so far as they could be identified, and are
still pending. I have regarded it as my duty in these cases to give all
aid legally in my power to the enforcement of the laws, and I shall con-
tinue to do so wherever and whenever their execution may be resisted.

The act of Congress for the return of fugitives from labor is one
required and demanded by the express words of the Constituti(jn.

The Constitution declares that —

No per.son held to service or lal>or in one State, under tlie laws thereof, escajjin;^
into another, shall, in consequence of any law or rej^ulation therein, he discharj^'ed
from such .service or lahor, but shall he delivered uj) on claim of the jjarty to uiiom
such service or lalxjr may he <lue.

This constitutional provision is e(iually obligatory \\\M^\\ the legisla-
tive, the executive, and judicial departments of the C>()vernmciit, aiul
upon every citizen of the United States.

Congress, however, must from necessity first act upon the subject by
prescribing the proceedings necessary to ascertain that the per.son is a

138 Messages and Papers of the Presidents

fugitive and the means to be used for his restoration to the claimant.
This was done by an act passed during the first term of President Wash-
ington, which was amended by that enacted by the last Congress, and it
now remains for the executive and judicial departments to take care that
these laws be faithfully executed. This injunction of the Con.stitution
is as peremptory' and as binding as any other; it stands exactly on the
same foundation as that clause which provides for the return of fugitives
from justice, or that which declares that no bill of attainder or ex post
facto law shall l^e passed, or that which provides for an equality of taxa-
tion according to the census, or the clause declaring that all duties shall
be uniform throughout the United States, or the important provision
that the trial of all crimes .shall be by jury. These several articles and
clauses of the Con.stitution, all resting on the same authority, must stand
or fall together. Some objections have been urged against the details of
the act for the return of fugitives from labor, but it is worthy of remark
that the main opposition is aimed against the Constitution itself, and pro-
ceeds from persons and classes of persons many of whom declare their
wish to see that Constitution overturned. They avow their hostility to
any law which shall give full and practical effect to this requirement of
the Constitution. Fortunately, the number of these persons is compara-
tivel)' small, and is believed to be daily diminishing; but the issue which
they present is one which involves the supremacy and even the existence
of the Constitution.

Cases have heretofore arisen in which individuals have denied the bind-
ing authority of acts of Congress, and even States have proposed to nul-
lify such acts upon the ground that the Constitution was the supreme
law of the land, and that those acts of Congress were repugnant to that
instrument; but nullification is now aimed not .so much against par-
ticular laws as being inconsistent with the Constitution as against the
Constitution itself, and it is not to be disguised that a .spirit exists, and
has been actively at work, to rend asunder this Union, which is our cher-
i.shed inheritance from our Revolutionary fathers.

In my last annual message I stated that I considered the .series of meas-
ures which had been adopted at the previous .session in reference to the
agitation growing out of the Territorial and slavery questions as a final
settlement in principle and substance of the dangerous and exciting sub-
jects which they embraced, and I recommended adherence to the adjust-
ment established by those measures until time and experience should
demonstrate the necessity of further legi.slation to guard again.st evasion
or abuse. I was not induced to make this recommendation because I
thought those mea.sures perfect, for no human legislation can be perfect.
Wide differences and jarring opinions can only be reconciled by yielding
something on all sides, and this result had been reached after an angry
conflict of many months, in which one part of the country was arrayed
against another, and violent convulsion seemed to be imminent. I^ooking

Millard Fillmore

1 39

at the interests of the whole country', I feh it to be my dut}' to seize upon
this compromise as the best that could be obtained amid conflicting inter-
ests and to insist upon it as a final settlement, to be adhered to by all who
value the peace and welfare of the country. A year has now elapsed
since that recommendation was made. To that recommendation I still
adhere, and I congratulate you and the country upon the general acquies-
cence in these measures of peace which has been exhibited in all parts of
the Republic. And not only is there this general acquiescence in these
measures, but the spirit of conciliation which has been manifested in re-
gard to them in all parts of the country' has removed doubts and uncer-
tainties in the minds of thousands of good men concerning the durability
of our popular institutions and given renewed assurance that our liberty
and our Union may subsist together for the benefit of this and all sue-
ceeding generations. MILLARD FILLMORE.

SPECIAL MESSAGES.

W.\sniNf;TON, Deceynber t2^ 1851,
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, a treaty of friendship, commerce, and navigation between the
United States and the Republic of Costa Rica, signed in this city on
the loth day of July last. MILLARD FILLMORE.

WAvShingtox, Deeemher 75, iS=;i.
To the Seriate 0/ the United States:

I tran.smit to the Senate a report* of the Secretary of State, in answer
to their resolution of the 8th of March last.

MILLARD FILLMORE.

Washington, December /f, /.S'f/.
To the Senate of the United States:

I have received a resolution of the vSenate, adopted on the 12th instant,
in the following terms:

Resolved, That llu- rresident of the XTnited States l)c requested to cotniminicaU- to
the Senate, if not inconsistent with the j)uhlic interest, any information the Ivxeeu-
tive may have received resj)ectinj^ the firinj^ into and seizure of thi- American steam-
.shij) Pnnmi/ieus by a Hritish vessel of war in November hist near (ireytown. on
the Mustjuito Coast, and also what measures have In-en taken by the I-Ixecutive to
ascertain the state of the facts and to vindicate the honor of the country.

♦Relating to the free navigation of the St. Lawrence, St. John, uml other larnc rivers, ami to the
free enjoyment of the British North .■\tuerican fisheries by Vnited States citizens.

140 Messages and Papefs of the Presidents

In answer to this request I submit to the Senate the accompanying
extracts from a communication addressed to the Department of State
by Mr. Joseph L. White, as counsel of the American, Atlantic and Pacific
Ship Canal Company, dated 2d instant.

This communication is the principal source of the information received
by the Executive in relation to the subject alluded to, and is presumed
to be essentially correct in its statement of the facts. Upon receiving
this communication instructions such as the occasion seemed to demand
were immediately dispatched to the minister of the United States in Lon-
don. Sufficient time has not elapsed for the return of any answer to this
dispatch from him, and in my judgment it would at the present moment
be inconsistent with the public interest to communicate those instructions.
A communication, however, of all the correspondence will be made to
the Senate at the earliest moment at which a proper regard to the public
interest will permit.

At the same time instructions were given to Commodore Parker, com-
manding the Home Squadron, a copy of which, so far as they relate to
the case of the Prometheus, is herewith transmitted to the Senate.

MIIvLARD FlLIvMORK.

Washington, December 16, 1851.
To the Senate of the Uiiited States:

In answer to the resolution of the Senate of the 9th instant, request-
ing information in regard to the imprisonment of John S. Thrasher at
Havana, I transmit a report from the Secretary of State and the docu-
ments which accompanied it. MII.I.ARD FII.I.MORE.

Washington, December 16, 1831.
To the Seyiate of the United States:

In answer to the resolution of the Senate of the 8th instant, request-
ing the communication of a dispatch* addressed to the Department of
State by Mr. Niles, late charge d'affaires of the United States at Turin,
I transmit a report from the Secretary of State, which is accompanied by
a copy of the dispatch. MILLARD FILLMORE.

Washington, December 2j, 185 t.
To the House of Representatives:

I transmit to the House of Representatives a report from the Secretary
of State, in answer to the first partf of a resolution of the 15th Decem-

*On the subject of a ship canal between the Atlantic and Pacific oceans.

t Relating to the conclusion of a treaty between Spain, France, and Great Britain in respect to
the island of Cuba.

Millard Fillmore

141

ber, 1 85 1, and also a report from the Secretary of the Navy, in answer to
the remaining part * of the same resolution,

MII^LARD FILLMORE.

"Washington, December 2^, 185 1.
To the House of Representatives:

In answer to a resolution of the House of Representatives of the 15 th
instant, requesting information in regard to the imprisonment, trial, and
sentence of John S. Thrasher in the island of Cuba, I transmit a report
from the Secretary of State and the documents which accompanied it.

MILLARD FILLMORE.

Washington, December sg, 1851.
To the Senate and House of Represe?itatives:

I transmit herewith a copy of a letter of the 26th instant, addressed
to the Secretary of State by the contractors for paying the next install-
ment due to Mexico pursuant to the treaty of Guadalupe Hidalgo, repre-
senting the necessity of an immediate appropriation by Congress of the
money necessary for that purpose. MILLARD FILLMORE.

Washington, famiary 2, 1852.
To the House of Representatives :

As a further answer to the resolution of the House of Representatives
of the 15th ultimo, calling for information respecting the imprisonment,
trial, and sentence of John S. Thrasher in the island of Cuba, I transmit
another report from the Secretary of State.

MILLARD FILLMORE.

Washington, fanuary 2, 18^2.
To the House of Representatives of the United States:

I transmit to the House of Representatives a copy of the resolution
adopted by the Legislative Council of Canada, together with the copy of
the note by which the resolution was communicated to this CiovernineiU,
expressing the satisfaction of that Council at receiving iiUelligencc of
certain donations in aid of the reconstruction of llie library of the Caiia-
dian Parliament. MILLARD FILLMORIv

[The .same mes.sage, dated January 6, 1.S52, was sent to the v'^eiiatc. J

♦rert.Tinilig to the relative streiiKlli n( (lie Ilritisli. P'rencli, and rnited Stales sc|iiaili"iis in the
West India seas, an<l whether additiuiial appropriations are nefe.s.s.-ir>' to increase the fnited Slates
force on that station.

142 Messages and Papers of the Presidents

Washington!, /a futary j, 1852.
To the Seriate of the United States:

I nominate Elisha Whittlesey and Elias S. Terry to be commissioners
under the seventeenth article of the treaty concluded with the Cherokee
tribe of Indians at New Echota on the 29th day of December, 1835, to
adjudicate the claim of David Taylor for 640 acres of land, which has
been duly appraised in accordance with the terms of the ninth article of
said treaty, but not paid for. The facts of the case will more fully appear
in the accompanying papers from the Department of the Interior.

MIIvEARD FII.EMORE.

Washington, faniiary 5, 1852.
To the House of Represeyitatives:

I transmit to the House of Representatives a report of the Secretary
of State, relative to the pensons belonging to the expedition of Lopez
who were taken prisoners in Cuba and afterwards sent to Spain, and who
have now been pardoned and released by Her Catholic Majesty. The
appropriation the expediency of which is suggested in the report I cor-
dially commend to the consideration of Congress, with the single addi-
tional suggestion that to be available it should be prompth' made.

MILEARD FIEEMORE.

[The same message was sent to the Senate.]

Washington, fanuary p, 18^2.
To the House of Representatives:

In answer to a resolution of the House of Representatives of the 15th
ultimo, requesting information in regard to the Territory of Utah, I
transmit a report from the Secretary of State, to whom the resolution
was referred. MIEEARD FIEEMORE.

Washington, famiary 12, 1852.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the
5th instant, I herewith transmit to it a report and accompanying papers*
from the Secretary of State. MIEEARD FIEEMORE.

Washington, fajiuafy 16, 18^2.
To the House of Representatives:

I transmit a copy of a letter which has been addressed to me by the
secretary of the Territory of Utah since ni}^ recent message to the House

♦Relating to a circular issued by the secretary of state for the British colonial department relative
to the employment in the British West India colonies of free blacks and liberated slaves from the
United States.

Millard Fillmore 143

of Representatives in answer to its resolution requesting information in
regard to the affairs of that Territory.

MILLARD FILLMORE.

Washington, Jamiary /p, 18^2.
To the Senate and House of Representatives of the United States:

I transmit to Congress a report from the Secretary of State, accompa-
nied by a letter to him from the contractors for paying the installment
of Mexican indemnity due on the 31st May next, and respectfully invite
attention to the subject. MILLARD FILLMORE.

Washington, yaw/zizri' 20^ 1852.
To the Senate a fid House of Representatives of the United States:

I communicate to both Houses of Congress a report from the Depart-
ment of State, containing copies of the correspondence which has taken
place between that Department and the minister of the United States
in Paris respecting the political occurrences which have recently taken
place in France. MILLARD FILLMORE.

Washington, fanuary 22, 1832.
To tlic Senate of the United States:

In compliance with a resolution of the Senate passed March 13, 1851,
I herewith transmit a report of the Secretary of War, containing informa-
tion in regard to the claims of citizens of California for services rendered
and for money and for property furnished in 1846 and 1847 "^ the con-
que.st of that country. MILLARD FILLMORE.

Washington, /rt;/?^fl'n' 2j, 1832.
To the House of Representatives:

I transmit a report from the Secretary of State and the d<x:umcnts
which accompanied it, upon the subject of a resolution of the House of
Representatives of yesterday, relative to the Mexican indemnity.

MILLARD FILLMORlv.

Washington, fanuary 28, 18-^2.
To the House of Representatives:

In answer to the re.solution of the House of Representatives of the 15th
ultimo, requesting information respecting the seizure and confiscation of
the bark Georj^iana, of Maine, and brig Susan /.oud, of Massachusetts, '•
I transmit a report from the Secretary of State and the dtK-uments whicli
accompanied it. MILLARD FILLMORIC

♦ By the Sjwnish or CiiK-iii authorities.

144 Messages and Papers of the Presidents

Washington, Ja7iuary 28, 1852.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the
7th August, 1850, and the 17th December, 1851, requesting information
touching the claims of citizens of the United States on the Government
of Portugal , I transmit a report from the Secretary of State and the doc-
uments which accompanied the same.

MII.I.ARD FILLMORE.

Washington, February p, 1852.
To the Se7iate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of friendship, commerce, and navigation between the United
States and the Republic of Peru, concluded and signed at Lima on the
26th day of July last.

A copy of a dispatch of Mr. J. R. Clay, the charge d'affaires of the
United States at Lima, to the Secretary of State, bearing date the 6th
December last, is also transmitted for the information of the Senate.

MILLARD FILLMORE.

Washington, February 10, 1832.
To the Senate a7id House of Representatives:

I transmit to Congress a copy of the instruction dispatched from the
Department of State to the minister of the United States at London
respecting the attack on the United States steamer Prometheus in the
harbor of vSan Juan de Nicaragua by the British brig of war Express,
and also a copy of the dispatches of Mr. Lawrence to that Department
and of his correspondence with Her Britannic Majesty's principal secre-
tary of state for foreign affairs on the same subject.

MILLARD FILLMORE.

Executive Chamber,
Washington City, February 10, 1852.

To the Senate and House of Representatives of the ihiifed States:

I transmit herewith a report from the Secretary of the Interior, con-
taining a report from Thomas U. Walter, architect for the extension of
the Capitol. MILLARD FILLMORE.

Washington, February 12, 1852.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the
26tb of December last, requesting information in regard to the seizure

Millard Fill})wre

145

of the brig Arve'^ at Jeremie, in the island of St. Domingo, I transmit a
report from the Secretary of State and the documents by which it was
accompanied. MILLARD FILLMORE.

Washington, February 12, 1852.
To the Senate of the United States:

In compHance with the resokition of the Senate of the 26th ultimo,
requesting information upon the subject of the mission of Mr. Balistier,
late consul at Singapore, to eastern Asia, I transmit a report from the
Secretary of State and the documents which accompanied it.

MILLARD FILLMORE.

Washington, February ij, 1832.
To the Senate of the United States:

I transmit herewith, for the constitutional action of the Senate, trea-
ties recently concluded with certain Indian tribes at Traverse des Sioux,
Mendota, Pembina, and Fort Laramie, together with communications
from the Department of the Interior and other documents connected
therewith. MILLARD FILLMORE.

Washington, February //, 18^2.
To the House of Representatives:

I communicate to the House of Representatives herewith a report to
me, dated the 13th instant, from the Secretary of the Interior, respecting
the delay and difficulty in making the apportionment among the several
States of the Representatives in the Thirty-third Congress, as required
by the act of 23d May, 1850, in consequence of the want of full returns
of the population of the State of California, and suggesting the necessity
for remedial legislation.

The subject is one of much importance, and I earnestly commend it to
the early consideration of Congress. MILLARD FILLMORIv.

[The same message was sent to the vSenate.]

Washington. February i^. 1852.
To the Senate and House of Representatives of the ( 'nited States:

I transmit to Congress a letter addressed to the Secretary of .State by
the commi.ssioner of the United States under the convention with Brazil,
setting forth the ob.stacles which have impeded tlie conchision ot the
business of that conunission.

M P— vol, v-

MILLAKI) FILLMORl-:.

' Hy Uayticn .'intlioritics.

146 Messages and Papers of the Presidents

Washington, February r6, T852.
To the Senate of the United States:

I herewith communicate to the Senate, for its consideration with a view
to ratification, a treaty of commerce and navigation conchided by the
minister resident of the United States at Constantinople with the charge
d'affaires of the Shah of Persia at the same place. The treaty is in the
Persian and French languages, but is accompanied h\ an English trans-
lation. A copy of the correspondence between the Department of State
and the legation of the United States at Constantinople on the subject is
also herewith communicated. MILLARD FILLMORE.

Washington, February 18, iSj^z.
To the House of Representatives:

In answer to the resolution of the House of Representatives request-
ing the official correspondence respecting an alleged misunderstanding
between Captain Long, of the Navy of the United States, and Louis Kos-
suth, I transmit reports from the Secretaries of State and of the Navy
and the papers which accompanied them.

MILLARD FILLMORE.

Washington, March /, 18^2.
To the Seriate and House of Representatives of the United States:

In compliance with the provisions of the act of Congress of the iith
August, 1848, I transmit to that bod}' the copy of a dispatch from the
commissioner ad i7iterim of the United States at Canton, together with
the copy of certain rules and regulations for masters, officers, and vSeamen
of vessels of the United States of America at the free ports of China,
which accompanied said dispatch, and which are submitted for the revi-
sion of Congress. MILLARD FILLMORE.

Washington, March 4, 1852.
To tJie House of Representatives of the United States:

In compliance with the resolution of the House of Representatives of
the lytli ultimo, I transmit herewith a report from the Secretary' of the
Navy and a report from the Solicitor of the Treasury Department in
relation to the accounts of Prosper M. Wetmore, late navy agent in the
city of New York. MILLARD FILLMORE.

WAvSHINgton, March 4., 1832.
To tlie Senate and House of Representatives of t lie U7iited States:

I transmit to Congress a letter addressed to me by the governor of the
Territor>' of Minnesota, with the statements to which it refers, of the dis-

Millard Fillmore

147

bursements up to the ist of Januaty last of the money appropriated by
the act approved June 11, 1850, for the erection of pubHc buildings in
that Territory. MILLARD FILLMORE.

Washington, March /. 1852.
To the Senate and House of Representatives of the I 'nited States:

I tran.smit to Congress a dispatch addressed to the Secretary of State
I)}- the minister of the United States at Mexico, and the papers therein
referred to, relative to the cemetery which has been constructed in the
neighborhood of that city as a place of sepulture for the remains of the
officers and soldiers of the United States who died or were killed in that
vicinity during the late war, and for such citizens of the United States as
may hereafter die there. A copy of the report of the agent who was sent
for the purpose of superintending the work is also herewith transmitted.
It will be seen that a sum of $2,500 or $3,000, in addition to the amount
appropriated b}' the act of Congress approved September 28, 1850, is rep-
resented to be necessary to carry the objects of that appropriation into
full effect. I accordingly recommend that provision therefor may be

"^^^^- MILLARD FILLMORK.

Washington, March 25, 1852.
To the House of Representatives:

As a further answer to the resolution of the House of Representatives
of the 5th of January last, requesting information in regard to a circular of
Her Britannic Majesty's secretar\' of state for colonial affairs in respect to
the encouragement of the emigration of colored laborers from the United
States to the British West India i.slands. I transmit another dispatch ad-
dressed to the Department of State by the minister of the United States
at London. MILLARD FILLMORK.

Washington, .^fatch 26. 18^2.
To the Senate and House of Representatives of the I 'nitcd States:

At the clo.se of the connnis.sion to adjudicate upon tlie claims of citizens
of the United States under the treaty of Guadalupe Hidalgo I directed a
list to Ix.' made of paj^rs which had ])een presented to that commission,
and, ])ursuant to the act of Congress approved 3d March, 1849, the pa]>ers
them.selves to l)e carefully arranged and de]X)sited for safe-keeping in the
Department of State. I deemed all this necessary as well for the interest
of the claimants as to secure the Government against fraudulent claims
which might lie preferred hereafter. \ few days since I was suri)nst.(l to
learn that some of these papers had Ijeen fraudulently abstracted by one

148 Messages and Papers of the Presidents

of the claimants, and upon the case being made known to me by the Sec-
retary of State I referred it to the Attorney-General for the purpose of
ascertaining what punishment could be inflicted upon the person who had
been guilty of this offense.

I now conmiunicate to you his opinion and that of the attorney of the
United States for this District, by which you will perceive that it is
doubtful whether there be any law for punishing the very grave offense
of fraudulently abstracting or mutilating the papers and public docu-
ments in the several Departments of this Government. It appears to
me that the protection of the public records and papers requires that
such acts should be made penal and a suitable punishment inflicted upon
the offender, and I therefore bring the subject to your consideration, to
enable you to act upon it should you concur with me in this opinion.

MILLARD FILLMORE.

Washington, March 26, 1852.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 1 8th instant, I transmit a copy of the correspondence with John P.
Gaines, governor of the Territory of Oregon, relative to the seat of gov-
ernment of said Territory. MILLARD FILLMORE.

Washington, March 2g, 18^2.
To the Senate of the Uyiited States:

In compliance with the resolution of the Senate of the 24tli instant,
relating to the extension of the Capitol, I have the honor to submit here-
with a report from the Secretary of the Interior, which furnishes, it is
believed, the required information.

MILLARD FILLMORE.

Washington City, March 2g, 18^2.
To the Setiate of the United States:

I have the resolution of your honorable body adopted in executive
session March 24, 1852, by which I am requested to return to the Senate
the resolution advising and consenting to the appointment of George C.
Laurason as collector of the customs for the district of New Orleans,
provided a commission had not been issued to him, and in reph- thereto
I would respectfully state that prior to the receipt of said resolution I
had signed the commission to Mr. Laurason and transmitted it to the
Secretary of the Treasury, to whom your resolution was immediately
referred; and I have the honor now to transmit his reply, by which it will
be seen that the commission, after having been duh- executed, was sent
to the First Comptroller, where it still remains. I suppose, according to

Millard Fillmore 149

the doctrine laid down in the case of Marbury r. Madison ( i Cranch R.,
137), the appointment must be deemed complete, and nothing short of
the removal of Mr. Laurason can enable me again to submit his nomina-
tion to the consideration of the Senate; but as the commission has not been
technically issued to Mr. Laurason, I deem it most respectful to comply
with your request by returning the copy of the resolution which notified
me that the Senate advised and consented to his appointment.

MILLARD FILLMORE.

Washington City, April 6, /Sj2.
To the House of Representatives:

In compliance with the resolution of the House of the 31st ultimo, I
have the honor herewith to transmit a report from the Secretary of War,
accompanied by the original manuscript report of Captain Thomas J.
Crane, dated February 3, 1844, on the best mode of improving the navi-
gation of the Ohio River at the Falls of Louisville, together with the
original maps accompanying the same.

MILLARD FILLMORE.

W^ASHiNGTox, April S, 18^2.
To the Senate of the l-nited States:

I herewith transmit to the Senate, in reply to their resolution of the
4th ultimo, a report from the Secretary of State, with accompanying

P^P^'"'^'^ MILLARD FILLMORE.

Washington, April /y, 18^2.
To the Senate and House of Representatives of the I iiited States:

I invite the attention of Congress to the state of affairs in the Territor\-
of Oregon, growing out of a conflict of opinion among the authorities of
that Territory in regard to a proper construction of the acts of Congress
approved the 14th August, 1848, and iith June, 1850, the former enti-
tled "An act to establish a Territorial government of Oregon," and the
latter entitled "An act to make further appropriations for jniblic build-
ings in the Territories of Minnesota and Oregon." In order to enable
Congress to inuler.stand the controversy and apply such remedy with a
view to adjust it as may Ije deemed expedient, I tran.smit —

1. An act of the legi.slative assembly of that Territory, passed hebru
ary i. 1851, entitled "An act to provide for the .selection <jf ])lace.s for the
location and erection of public buildings of the Territory of Oregon."

2. Governor Gaines's message to the legislative assembly of the :^A
February, 1851.

3. The opinion of the Attorney-General of the United States of .:3d

•Relating to the rrlatioiiK hftwpcn the I'nilcU States ami Jai>un.

150 Messages and Papers of the Presidents

April, in regard lo the act of the legislative assenibl>- of the 1st Febru-
ary, 1 85 1.

4. The opinion of the supreme court of Oregon, pronounced on the 9th
December, 1851.

5. A letter of Judge Pratt of the 15th December, 1851, dissenting from
that opinion.

6. Governor Gaines's letter to the President of the ist Januarj', 1852.

7. Report of the Attorney-General of the United States on that letter,
dated 22d March, 1852.

If it should be the sense of Congress that the seat of government of
Oregon has not already been established by the local authorities pursuant
to the law of the United States for the organization of that Territory, or,
if so established, should be deemed objectionable, in order to appease the
strife upon the subject which seems to have arisen in that Territory I
recommend that the seat of government be either permanently or tem-
poraril}' ordained by act of Congress, and that that body should in the
same manner express its approval or disapproval of such laws as may
have been enacted in the Territory at the place alleged to be its seat of
government, and which may be so enacted until intelligence of the deci-
sion of Congress shall reach there. . MILLARD FILLMORE.

WASHiNfiTON, May 1 , 1852.
To the Senate of the United States:

I transmit to the Senate, for their consideration and advice with
regard to its ratification, a convention between the United States and
the Free and Hanseatic Republics of Hamburg, Bremen, and Lubeck,
signed in this city by their respective plenipotentiaries on the 30th da)-
of April, A. D. 1852, for the mutual extension of the jurisdiction of con-
suls. A copy of a note from the special plenipotentiary of Hamburg,
Bremen, and Lubeck accompanies the convention.

MILLARD FILLMORE.

Washington, May 5, 1832.
To tlie Senate of the United States:

On the 3d of March, 1849, a general convention of peace, amity, com-
merce, and navigation between the United States and the Republic of
Guatemala, by Elijah Hise, the charge d'affaires of the United States to
that Republic, on the part of this Government, and by Sefior Don Jose
Mariano Rodriguez, minister for foreign affairs, on the part of the Gov-
ernment of Guatemala. This convention was approved by the Senate
on the 24th of September, 1850, and by a resolution of the 27th of that
month that body authorized the ratification of this Government to be
exchanged for the ratification of the Government of Guatemala at any

Millard Fill more 15T

time prior to the ist of April, 1S51. I accordinj^ly ratified the conven-
tion on the 14th of November, 1850, but there was then no person in this
country authorized to effect the exchange of ratifications on the part of
the Guatemalan Government, and the United States had no diplomatic
representative there. When, however, in the summer of 185 1 , Mr. J. Boz-
nian Kerr proceeded to Nicaragua as the charge d'affaires of the United
States, he was empowered and instructed, when he should have concluded
the business, which it was presumed would not have detained him long,
in Nicaragua, to repair to Guatemala and effect the exchange on the part
of this Government. Circumstances, however, have hitherto prevented
him from accomplishing this object. Meanwhile Sefior Don Felipe Mo-
lina has been received as charge d'affaires of Guatemala here, and has
been empowered to effect the exchange on the part of that Government.
I accordingly recommend that the Senate authorize a further exten-
sion of the period for exchanging the ratifications, in order that the
convention may go into operation. It is presumed that if this recom-
mendation should be adopted a few weeks from the date of the decision
of the Senate upon the subject would be necessary to complete the prepa-
rations for carrying it into effect. MILLARD FILLMORE.

Washington, May 2g, 1852.
To the Setiaie of the United States:

The resolution of the Senate of the 6th instant, requesting the ' ' papers
and proofs on file in any of the Executive Departments touching the claim
of Samuel A. Belden & Co., of Brown.sville, Tex., against the Mexican
Government for injuries inflicted upon said Belden & Co., as alleged b\-
them in violation of the treaty of Guadalupe Hidalgo," was referred to
the heads of those Departments, and the documents herewith transmitted
have been reported to me from the Department of State as comprising
all on the files of that Department called for by the resolution, with the
exception of those of a diplomatic character. As the claim referred to is
a subject of negotiation with the Mexican Government, it is not deemed
expedient at this juncture to make pul)lic the documents which have
Vx^en reserved. According to the reports of the Secretary of the Treas-
ury, of the Secretary of the Interior, of the Secretary of War, of the Sec-
retarx-^ of the Navy, and of the Postma.ster-General, there are no ])apers in
their respective Departments relative to the claim of Messrs. Belden ^: Co.

MILLARD FILLMORE.

Washington, /««<• /, 1S52.
To the Senate of t/ie United States:

I couununicate to the Senate herewith, for its constitutii)nal action
thereon, eighteen treaties negotiated with Indian tribes in California, as

152 Messages and Papers of tJie Presidents

described in the acconipanyiiif; letter of the vSecretar\ of the Interior,
dated the 22d uUimo, with a copy of the report of the superintendent of
Indian affairs for the State of California and other correspondence in
relation thereto. MII.I.ARD FILLMORE.

Washington, //(-w^ //, i8^^2.
To the Senate of the United States:

I transmit to the .Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and the Sultan of Borneo,
signed at Bruni on the 23d of June, 1850. A copy of two dispatches to
this department from Mr. Balestier, who concluded the convention on
the part of this Government, one dated the 22d of April and the other the
24th June, 1851, is also transmitted for the information of the Senate.
As the period limited for the exchange of the ratifications, which is to be
effected at Bruni, will expire on the 23d instant, I recommend that if the
Senate should approve the convention authorit)' may be given to perform
that ceremony within a year from that date. The instrument would have
been submitted to the Senate in season for the ratification to be exchanged
within the stipulated time had not Mr. Balestier' s arrival with it in the
United States been unavoidably delayed.

MILLARD FILLMORE.

Washington, y/^«<' //, i8_52.
To tite Senate and House of Representatives:

I transmit to Congress a report from the Secretary of State, on the sub-
ject of the disorders on the Rio Grande frontier, and recommend the
legislation which it suggests, in order that the duties and obligations of
thi^ Government occasioned thereby may be more effectually discharged
and the peace and securjty of the inhabitants of the United States in that
quarter more efficiently maintained.

MILLARD FILLMORE.

Washington, /««<' 14, i8f;2.
To the Senate and House of Representatives:

I transmit herewith, for your con.si deration, a report from the Secretary
of State, accompanied by a communication from His Excellency Seiior
Don A. Calderon de la Barca, envoy extraordinary and minister plenipo-
tentiary of Her Catholic Majesty, claiming indemnity for those Spanish
subjects in New Orleans who su.stained injury from the unlawful violence
of the mob in that city consequent upon hearing the news of the execu-
tion of those persons who unlawfully invaded Cuba in August, 185 1 . My
own views of the national liability upon this subject were expressed in
the note of the Secretary of State to Mr. Calderon of tlie 13th November,
185 1, and I do not understand that Her Catholic Majesty's minister con-

Millard Fillmore

^':^-h

troverts the correctness of the j-K^sition there taken. He, however, insists
that the thirteenth article of the treat\- of 1795 promises indemnity for
such injuries sustained within one year after the commencement of war
between the two nations, and although he admits this is not within the
letter of the treaty, yet he conceives that, as between two friendly nations,
it is within the spirit of it.

This view of the case is at his request submitted for your consideration,
but whether you may deem it correct or not, there is, perhaps, one ground
upon which this indemnity, which can not be large in amount, ma)- be
granted without establishing a dangerous precedent, and the granting of
which would commend itself to the generous feelings of the entire coun-
trj-, and that is this: The Queen of Spain, with a magnanimity worthy of
all commendation, in a case where we had no legal right to solicit the
favor, granted a free pardon to all the persons who had .so unjustifiably
invaded her dominions and murdered her subjects in Cuba, in violation
of her own laws as well as those of the United States and the public
law of nations. Such an act of mercy, which restored many misguided
and unfortunate youth of this country to their parents and friends, seems
to me to merit some corresponding act of magnanimity and generosity on
the part of the Government of this country, and I think that there can
Ije none more appropriate than to grant an indenniity to tho.se Spanish
subjects who were resident among us and who suffered by the violence
of the mob, not on account of any fault which they themselves had com-
mitted, but because they were the subjects of the Queen of Spain. Such
an act would tend to confirm that friendship which has so long existe^l
between the two nations and to perpetuate it as a blessing to both , and I
therefore recommend it to your favorable consideration.

MII.LARD FILLMORK.

WAvSHIXGTON, y?/«^' 22, 1852.

To the Senate of the United States:

I transmit herewith a report from the vSecretary of State, with the
accompanying documents,* in compliance with the vSenate's resolution
of the 29th of April last. MILLARD FILLMORlv.

Washinc.Ton, //^;/<' 22. iSj2.
To the Senate of the I ^nited States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention for the mutual delivery of criminals fugitives from
justice in certain ca.ses l)etween the United States on the one ])art and
Prussia and other States of the Germanic Confederation on the otlier
I)art, signed in this city on the i6th instant.

MILLARD FILLMORIv

• Corrcspondeuce of the American charg^ at Vienna on the subject of the apprehension ami
iniprisunuient by the Anstriaa authorities of Kcv. Charles I,. Hruce, an .American «.iti/eu

154 Messages and Papers of the Presidents

Washingtox, /««<:' 23, 1852.
To the Senate of the U^iited States:

I transmit herewith a report from the Secretary of State, with the
accompanying documents,* in comphance with the Senate's resolution
of the 3d instant. MII.LARD FILLMORE.

Washington, /z^wi" 26, 1852.
To the Senate of the Ujiited States:

I transmit and commend to the consideration of the Senate a report
from the Secretary of State, touching the convention between the United
States and the Mexican Republic for the mutual extradition of fugitives
from justice in certain cases, which convention I submitted to the Senate
soon after I entered upon the office of President of the United States.

MILLARD FILLMORE.

Dep.^rtment of State,
The PRESIDENT OF THE UNITED STATES: IVasfiiugtou June 26, 1852.

It was understood that at the close of the Administration of your predecessor an
extradition treaty was concluded in this city between the United States and the
Mexican Republic, which, however, was submitted to the Senate by yourself, but
before I entered upon my present office.

It is presumed that as the treaty has not been returned to this Department the
Senate has made no decision in regard to it.

The necessity for a compact upon that subject between the two Governments,
whose territories, being conterminous, afford great facilities for wrongdoers in the
one to screen themselves from punishment by seeking refuge in the other, would
at all times be obvious, but at the present juncture may be considered as urgent.

I would consequently suggest that the attention of the Senate be respectfully invited
to the matter, in order that if the treaty before them should be deemed objectionable
another, embodying such amendments as may be supposed to l)e necessarj', may be
proposed to the Mexican Government.

Respectfully submitted. ^^^^^ WEBSTER.

Washington, //^//^ 26, i8j^2.
To the Senate of the United States:

I have received and taken into respectful consideration the resolution
of the Senate of yesterday, adopted in executive session, requesting infor-
mation in regard to supposed negotiations between the United States and
Great Britain and between the United States and the Republics of Nica-
ragua and Costa Rica, respectively. Any information which may be in
the possession of the Executive on these subjects shall in due time be
laid before the Senate, but it is apprehended that it would not comport
with the public interests to communicate it under existing circumstances.

MILLARD FILLMORE.

* Correspondence relative to the withdrawal of Mr. Hiilseinann, charg^ d'affaires from Austria to
the United Slates.

Millard Fillmore 155

Washington. /;<«<• 26. 18^2.
To the Senate of the United States:

I have received the resolution of the Senate of the nth instant, passed
in executive session, making inquiry respecting supposed propositions of
the King of the Sandwich Islands to convey the sovereignty of those
islands to the United States and requesting all official information in my
possession touching the subject.

This request has been taken into the most respectful consideration,
but the conclusion at which I have arrived is that the public interest
would not be promoted, but, on the contrary, might under circumstances
of p>ossible occurrence, be seriously endangered if it were now to be com-
plied with. MII.LARD FILLMORE.

Washington City,/«/i' /, 18^2.
7b the Senate of the United States:

On the 26th ultimo I received a resolution of the Senate, pas.sed in
executive session, in the following words:

Resolved, That the President of the United States be requested to inform the
Senate, if not in his opinion incompatible with the public interest, whether any con-
vention or compact has been entered into on the part of the United States and the
Oovernment of Great Britain whereby the two Governments jointly recommend or
advise the Republics of Costa Rica and Nicaragua, or either of those Republics, and
the ilosquito Indians, inhabiting the Mosquito Coast, in Central America, on matters
affecting their several and respective lx)undaries, or whereby any recommendation or
advice is given to either of said Republics or said Indians respecting the territorial
rights thereafter to l)e enjoyed or observed by them respectively, or in any other
manner affecting or regulating the relations hereafter to be maintained between said
Repul)lics themselves, or either of them, and the said Indians concerning their terri-
torial boundaries or other matters thereto appertaining. And if there be any such
convention or compact, then that the President be requested to conununicate the
same, or a copy thereof, to the Senate, and to inform the Senate whether the :uuue
was made at the request or invitation of either of said Republics or of said Itidians,
or with their privity, approbation, or consent. And that the President be further
requested to conununicate to the Senate copies of all correspondence between the
I'^xecutive and (ireat Britain, or with either of said Republics of Central America,
touching .siiid convention, and of all documents connected therewith. And if sucli
convention or compact has been made, that the President Ik- further retjuested to
inform the Senate whether the same has been formally couununicated to the respec-
tive Governments of Nicaragua and Costa Rica and the Mosquito Indians on the i)arl
of the Governments of Great Britain and the United States, and in what form such
comnmnications have l)een made to them, and that he lay l)efore the Senate copies of
any in.structions that have l)een given to the rejjresentatives or agents of the United
States at Nicaragua and Costa Rica touching such convention anil the matters therein
coutained, with copies of like in.structions to any naval officer of the United States
relating to or in any manner concerning the said convention or its counnunication t<)
said Republics or said Indians.

On the same day I returned the following answer to that resolution:
I have receive<l and taken into resj)cctful consideration the resolution of tlie Siii-
ate of yesterday, adopted in executive session, requesting information in reyiatd to

156 Messages and Papers of the Presidents

.su])po5e<l negotiations between the Ignited States and Great Britain and between the
United States and the Republics of Nicaragua and Costa Rica, resjiectively. Any
infonnation which may be in the possession of the Executive on these subjects shall
in due time be laid before the Senate, but it is apprehended that it would not com-
port with the public interests to conmiunicate it under existing circumstances.

Great was my surprise to observe this morning in one of the pubhc
journals a statement of what ptirports to be a proposition, jointh' signed
by Her Britannic Majesty's minister here and the Secretary of State, for
the adjustment of certain claims to territory between Nicaragua, Costa
Rica, and the Mosquito Indians. I have caused immediate inquiry to be
made into the origin of this highly improper publication, and shall omit
no proper or legal means for bringing it to light. Whether it shall turn
otit to have been caused by unfaithfulness or breach of dut}' in any officer
of this Government, high or low, or by a violation of diplomatic confi-
dence, the appropriate remedy will be immediatelj" applied, as being due
not only to this Government, but to other governments. And I hold this
communication to be especially proper to be made immediately b}' me to
the Senate, after what has transpired on this stibject, that the Senate may
be perfectly assured that no information asked b)- it has been withheld
and at the same time permitted to be published to the world.

This publication can not be considered otherwise than as a breach of
official dtity by some officer of the Government or a gross violation of the
confidence necessary always to be reposed in the representatives of other
nations. An occurrence of this kind can not but weaken the faith so
desirable to be preserved between different governments and to injure the
negotiations now pending, and it merits the severest reprobation.

MIIvI^ARD FILLMORE.

Washington City, July 2, 1852.
To the Senate of the United States:

I herewith transmit, for the advice and consent of the Senate, a treaty
recently negotiated with the Chickasaw Nation of Indians.

The nature and objects of the treaty are fully explained by the report
of Mr. Harper, who negotiated it in behalf of the United States.

MILLARD FILLMORE.

Washington, fn/y 2, 1852.
To the Se7iate and Hoiise of Representatives:

By an act of Congre.ss approved on the loth day of February, 1852, an
appropriation of $6,000 was made for the relief of American citizens then
lately imprisoned and pardoned by the Queen of Spain, intended to pro-
vide for the return of such of the Cuban prisoners as were citizens of the
United vStates who had been transported to Spain and there pardoned
by the Spanish Government. It will be observed that no provision was

Millard Fillmore

157

made for such foreigners or aliens as were engaged in the Cuban expedi-
tion, and who had shared the fate of American citizens, for whose rehef
the said act was intended to provide. I now transmit a report from the
First Comptroller, with accompanying papers, from which it will be per-
ceived that fifteen foreigners were connected with that expedition, who
were also pardoned by the Queen of Spain, and have l^een transported to
the United States under a contract made with our consul, at an expense
of $1,013.34, fo'' the payment of which no proxnsion has been made by
law. The consul having evidently acted with good intentions, the claim
is submitted for the consideration of Congress.

MILLARD FILLMORE.

Washington, July ij, 1852.
To the House of Representatives:

In answer to the resolution of the House of Representatives requesting
information relative to the policy of the Government in regard to the
island of Cuba, I transmit a report from the Department of State and
the documents by which it was accompanied.

MILLARD FILLMORE.

Executive Mansion,
Washington City, July 26, 18^2.
To the Senate of the United States:

In obedience to your resolution adopted in executive session June 1 1 ,
1S52. I have the honor herewith to communicate a report* from the
Secretary of the Interior, containing the information called for by that
resolution. MILLARD FILLMORE.

Washington, fuly 27, 1852.
To the Senate of the United States:

In answer to the resolution of the Senate of the 19th instant, request-
ing the correspondence between the Govenunent of the Ignited States
and that of the Mexican Republic respecting a right of way across the
Isthmus of Tehuantepec, I transmit a report from the Department of
State and the documents by which it was accompanied.

MILLARD FILLMORE.

Washington, fuly 2g. ^8^2.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 27tli itistatit, I
transmit the copy of the notes t of Mr. Luis de la Rosa and Mr. J. M.
Gonzales de la Vega, which it requests.

MILLARD FILLMORE.

• Rclalinn to the lK>iMiilary lim- l>«.-t\vciii tin- I'liiliil Stalo .tiul Mcvio
t Upon the subject of the .■\incrican ami Mexican Ixjuntlary coiuiuisNion.

158 Alcssages and Papers of the Presidenis

Washington, July ji, 1852.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, nineteen treaties negotiated by commissioners on the part of the
United States with various tribes of Indians in the Territory of Oregon,
accompanied by a letter to me from the Secretary of the Interior and
certain documents having reference thereto.

MILIvARD FILI^MORE.

Washington, August 2, 1852.
To the Senate of the United States:

In answer to the resolution of the Senate of the 23d ultimo, request-
ing information in regard to the fisheries on the coasts of the British pos-
sessions in North America, I transmit a report from the Acting Secretary
of State and the documents by which it was accompanied. Commodore
M. C. Perry, with the United States steam frigate Mississippi under his
command, has been dispatched to that quarter for the purpose of pro-
tecting the rights of American fishermen under the convention of 18 18.

MIIvI^ARD FILLMORE.

Washington, August p, 1852.
To the House of Representatives of the United States:

I transmit a report from the Acting Secretary of State and the docu-
ments by which it was accompanied, in answer to a resolution of the
House of Representatives of the 22d ultimo, on the subject of the fisher-
ies, and state for the information of that House that the United States
steam frigate Mississippi has been dispatched to the fishing grounds on
the coasts of the British possessions in North America for the purpose
of protecting the rights of American fishermen under the convention
between the United States and Great Britain of the 20th of October,

^^^^- MILLARD FILLMORE.

Washington, August 10, 1852.
To the Seriate of the Utiited States:

I transmit a copy of the certificate of the exchange of the ratifications
of the general convention of peace, amit}', commerce, and navigation
between the United Stat-es and the Republic of San Salvador, signed
at Leon, in Nicaragua, on the 2d of January, 1850. It w\\\ be seen that
the exchange was not effected until the 2d of June last, but that it was
stipulated that the convention w^as not to be binding upon either of the
parties thereto until the Senate of the United States should have duly
sanctioned the exchange.

Millard Fillmore 159

The Senate by its resolution of the 27th of September, 1850, authorized
the exchange to take place at any time prior to the ist of April, 185 1.

Mr. Kerr, the charge d'affaires of the United States to Nicaragua,
however, who was authorized to make the exchange on the part of this
Government, was unavoidably detained in that Republic, in consequence
of which the exchange could not be effected within the period referred to.

The expedienc}^ of sanctioning the exchange which has been made b>'
Mr. Kerr, and of authorizing the convention to go into effect, is accord-
ingly submitted to the consideration of the Senate.

MILLARD FILLMORE.

Washington, August 12, 1852.
To the Seriate of the United States:

In an.swer to the resolution of the Senate dated the 20th ultimo,
requesting information in regard to controversies between the consul of
the United States at Acapulco and the Mexican authorities, I transmit
a report from the Secretary of State and the documents by which it was
accompanied. MILLARD FILLMORE.

Washington. August rj, r8^2.
To the Senate of the United States:

I transmit a report from the Secretary of State upon the subject of the
relations between the United States and the Republics of Nicaragua and
Costa Rica, in Central America, which has been delayed longer than I
desired in consequence of the ill health of the Secretary of State.

MILLARD FILLMORE.

Washington, August //, 1852.
To the Seriate of the United States:

I have received a resolution from your honorable bod}' of the 6th
instant, appearing to have been adopted in open legi.slative session,
requesting me "to inform the Senate, if not incompatible with the
public interests, whether any propositions have l)een made by the King
of tlie vSandwich Islands to transfer the sovereignty of tliesc islands to
the United vStates, and to connnunicate to tlie vSeiiate all the official
information on that subject in my possession; " in re]>ly to which I
have to state that on or about the 12th day of Jiuie last I received a
.similar resolution from the Senate adopted in executive or secret session.
to which I returned an answer stating that in my o])inion a conniuniica-
tion of the information requested at that jinicture would nf)t comjiort
with the public interest. Nothing has since transpired to change ni\-
views on that .subject, and I therefore feel constrained again to decline
giving the information a.sked. MILLARD FILLMORIC.

i6o Messages and Papers of the Presidents

Washington, August 21 , 1852.
To the Seriate of the United States:

In answer to the resolution of the Senate of the 9th instant, request-
ing information touching the Lobos Islands, I transmit a report from
the Secretary of State and the documents by which it was accompanied.
The instructions to the squadron of the United States called for by the
resolution will be communicated on an early future occasion.

MILLARD FILLMORE.

Washington, August 2y, 1852.
To the Senate of the United States:

In answer to the resolution of the Senate of the 14th ultimo, requesting
a copy of the correspondence of Mr. R. M. Walsh while he was employed
as a special agent of this Government in the island of St. Domingo, I trans-
mit a report from the Secretary of State and the documents by which it
was accompanied. MILLARD FILLMORE.

Washington, August .?/, 1852.
To the Seriate of the United States:

I transmit a further report from the Secretary of State relative to the
Lobos Islands. This report is accompanied by a copy of the orders of
the Navy Department to Commodore McCauley, requested by the reso-
lution of the Senate of the 9th instant.

MILLARD FILLMORE.

Washington, August 2y, 1852.
To the Senate of the United States:

As it is not deemed advisable that the instruction to Mr. R. M. Walsh,*
a copy of which is herewith transmitted, should be published at this time,
I communicate it confidentially to the Senate in executive session.

MILLARD FILLMORE.

Washington, August 2y, 1852.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a supplementary convention relative to commerce and navigation
between the United States and the Netherlands, signed in this city on
the 26th instant. MILLARD FILLMORE.

♦Special agent of the United States in the island of St. Domingo.

Millard Fillmore i6i

Washington, August 2y, 1852.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and Belgium for regulating
the right of inheriting and acquiring property, signed in this city on the
25thmstant. MILLARD FILLMORE.

Washington, August j/, 18^2.
To the Seriate of the United States:

In answer to the resolution of the Senate of the 21st instant, request-
ing information in respect to foreign postal arrangements, and especially
cheap ocean postage, I transmit a report of the Secretary of State and
the documents by which it was accompanied.

MILLARD FILLMORE.

EXECUTIVE ORDERS.

Washington City,

May 77, 1852.
The Secretary of War.

My Dear Sir: I have just issued an authority to Hugh Maxwell,
collector at New York, under the eighth section of the act of April 20,
18 1 8, to arrest any unlawful expedition that may be attempted to Ijc
fitted out within his district, and I have given him ]x)wer to call ujx)n
any military and naval officers that may be there to aid him in the exe-
cution of this duty; and I will thank you to issue the necessary instruc-
tions to the proper military officer in that district.

I am, your obedient ser^'ant, MILLARD FILLMORIC .

Washington City,
Tuesday, fune 2g, 1852 — i2._^o o'clock p. tn.

Sir:* The tolling l^ells announce the death of the Hon. Henry Clay.
Though this event has Ix^en long anticipated, yet the painful bereave-
ment could never l)e fully realized. I am sure all hearts are t(K) sad at
this moment to attend to business, and I therefore respectfully suggest
that your Department be closed for the remainder of the day.
I have the honor to l)e. your obedient servant,

MILLARD FILLMORIC.

•.Addressed to the heads of the several l-lxccutivc Dei).Trtiueiits.

M P — vol, V — II

i62 Messages and Papers of the Presidents

Washington, Septernber ij, 18^2.
General Jos. G. Totten.

Sir: I have to acknowledge the receipt of your favor of the nth instant
and to say that I shall be pleased if 3^ou will cause the necessary surveys,
projects, and estimates for determining the best means of affording the
cities of Washington and Georgetown an unfailing and abundant sup-
ply of good and wholesome water to be made as soon as possible.
I am, very respectfully, your obedient servant,

MILLARD FILLMORE.

[From the Daily National Intelligencer, October 26, 1852.]

Executive Mansion,
Washington, Monday Morning, October 25, 1852.

The Acting Secretary of State and the Secretaries of the
Treasury, Interior, War, Navy, the Attorney-General and
Postmaster-General.

Gentlemen: The painful intelligence received yesterday enforces
upon me the sad dut}- of announcing to the Executive Departments the
death of the Secretary of State. Daniel Webster died at Marshfield, in
Massachusetts, on Sunday, the 24th of October, between 2 and 3 o'clock
in the morning.

Whilst this irreparable loss brings its natural sorrow to every Ameri-
can heart and will be heard far beyond our lx)rders with mournful re-
spect wherever civilization has nurtured men who find in transcendent
intellect and faithful, patriotic service a theme for praise, it will visit with
still more poignant emotion his colleagues in the Administration, with
whom his relations have been so intimate and so cordial.

The fame of our illustrious statesman belongs to his country, the admi-
ration of it to the world. The record of his wisdom will inform future
generations not less than its utterance has enlightened the present. He
has bequeathed to posterity the richest fruits of the experience and judg-
ment of a great mind conversant with the greatest national concerns. In
these his memory will endure as long as our country shall continue to be
the home and guardian of freemen.

The people will share with the Executive Departments in the common
grief which bewails his departure from amongst us.

In the expression of individual regret at this afflicting event the Exec-
utive Departments of the Government will be careful to manifest every
observance of honor which custom has established as appropriate to the
memory of one so eminent as a public functionary and so distinguished
as a citizen.

The Acting Secretary of State will communicate this .sad intelligence
to the diplomatic corps near this Government and, through our ministers
abroad, to foreign governments.

Millard Fillmore 163

The members of the Cabinet are requested, as a further testimony of

respect for the deceased, to wear the usual badges of mourning for thirty

days.

I am, gentlemen, your obedient servant,

MILLARD FILLMORE.

THIRD ANNUAL MESSAGE.

Washington, December 6, 1852.
Fellow-Citizens of the Senate aiid of the House of Representatives:

The brief space which has elapsed since the close of your last session
has been marked by no extraordinary political event. The quadrennial
election of Chief Magistrate has passed off with less than the usual ex-
citement. However individuals and parties may have been disappointed
in the result, it is, nevertheless, a subject of national congratulation that
the choice has been effected hy the independent suffrages of a free people,
undisturbed by those influences which in other countries have too often
affected the purity of popular elections.

Our grateful thanks are due to an all-merciful Providence, not only
for staying the pestilence which in different forms has desolated some of
our cities, but for crowning the labors of the husbandman with an abun-
dant harvest and the nation generally with the blessings of peace and
prosperit3\

Within a few weeks the public mind has been deeply affected by the
death of Daniel Webster, filling at his decease the office of Secretary of
vState. His as.sociates in the executive gov^ernment have sincerely sym-
pathized with his family and the public generally on this mournful oc-
casion. His commanding talents, his great political and professional
eminence, his well-tried patriotism, and his long and faithful .services in
the most important public trusts laave caused his death to be lamented
throughout the country and have earned for him a lasting place in our
history.

In the course of the la.st .summer considerable anxiety was caused for a
.short time by an official intimation from the Govennnent of Great Britain
that orders had l)een given for the protection of the fisheries U]>on the
coasts of the British Provinces in North America again.st the alleged en-
croachments of the fi.sliing ves.sels of the United vStates and France. The
shortness of this notice and the season of tlie year .seemed to make it a
matter of urgent importance. It was at first apprehended that an in-
crea.sed naval force had l>een ordered to the fishing grounds to carry into
effect the Briti.sh inter]>retation of those jirovisions in the convention of
1818 in reference to the true intent of which the two Go\ennnents (Hffer.
It was soon discovered that such was not the design of Great Britain,

164 Messages and Papers of the Presidents

and satisfactory explanations of the real objects of the measure have been
given both here and in London.

The unadjusted difference, however, between the two Governments as
to the interpretation of the first article of the convention of 18 18 is still
a matter of importance. American fishing vessels, within nine or ten
years, have been excluded from waters to which they had free access
for twenty-five years after the negotiation of the treaty. In 1845 this
exclusion was relaxed so far as concerns the Bay of Fundy, but the just
and liberal intention of the home Government, in compliance with what
we think the true construction of the convention, to open all the other
outer bays to our fishermen was abandoned in consequence of the oppo-
sition of the colonies. Notwithstanding this, the United States have,
since the Bay of Fundy was reopened to our fishermen in 1845, pursued
the most liberal course toward the colonial fishing interests. By the
revenue law of 1846 the duties on colonial fish entering our ports were
very greatly reduced, and by the warehousing act it is allowed to be
entered in bond without payment of duty. In this way colonial fish has
acquired the monopoly of the export trade in our market and is entering
to some extent into the home consumption. These facts were among
those which increased the sensibility of our fishing interest at the move-
ment in question.

These circumstances and the incidents above alluded to have led me
to think the moment favorable for a reconsideration of the entire subject
of the fisheries on the coasts of the British Provinces, with a view to
place them upon a more liberal footing of reciprocal privilege. A will-
ingness to meet us in some arrangement of this kind is understood to
exist on the part of Great Britain, with a desire on her part to include
in one comprehensive settlement as well this subject as the commercial
intercourse between the United States and the British Provinces. I
have thought that, whatever arrangements may be made on these two
subjects, it is expedient that they should be embraced in separate con-
ventions. The illness and death of the late Secretary of State prevented
the commencement of the contemplated negotiation. Pains have been
taken to collect the information required for the details of such an
arrangement. The subject is attended with considerable difficulty. If it
is found practicable to come to an agreement mutually acceptable to the
two parties, conventions may be concluded in the course of the present
winter. The control of Congress over all the provisions of such an
arrangement affecting the revenue will of course be reserved.

The affairs of Cuba formed a prominent topic in my last annual mes-
sage. They remain in an uneasy condition, and a feeling of alarm and
irritation on the part of the Cuban authorities appears to exist. This
feeling has interfered with the regular commercial intercourse between
the United States and the island and led to some acts of which we have
a right to complain. But the Captain- General of Cuba is clothed with

Millard Fillmore 165

no power to treat with foreign governments, nor is he in any degree
under the control of the Spanish minister at Washington. Any commu-
nication which he may hold with an agent of a foreign power is informal
and matter of courtesy. Anxious to put an end to the existing incon-
veniences (which seemed to rest on a misconception) , I directed the newly
appointed minister to Mexico to visit Havana on his way to Vera Cruz.
He was respectfully received by the Captain- General, who conferred with
him freely on the recent occurrences, but no permanent arrangement was
effected.

In the meantime the refusal of the Captain- General to allow passengers
and the mail to be landed in certain cases, for a reason which does not
furnish, in the opinion of this Government, even a good presumptive
ground for such prohibition, has been made the subject of a serious
remonstrance at Madrid, and I have no reason to doubt that due respect
will be paid by the Government of Her Catholic Majesty to the repre-
sentations which our minister has been instructed to make on the subject.

It is but justice to the Captain-General to add that his conduct toward
the steamers employed to carry the mails of the United States to Havana
has, with the exceptions above alluded to, been marked with kindness
and liberality, and indicates no general purpose of interfering with the
commercial correspondence and intercourse between the island and this
country.

Early in the present year ofl&cial notes were received from the ministers
of France and England inviting the Government of the United States to
become a party with Great Britain and France to a tripartite convention,
in virtue of which the three powers should severally and collectively
disclaim now and for the future all intention to obtain possession of the
island of Cuba, and should bind themselves to discountenance all attempts
to that effect on the part of any power or individual whatever. This
invitation has been respectfully declined, for reasons which it would
occupy too much space in this comnumication to state in detail, but
which led me to think that the proposed measure would be of doubtful
constitutionality, impolitic, and unavailing. I have, however, in com-
mon with several of my predecessors, directed the ministers of France
and England to be assured that the United States entertain no designs
against Cuba, but that, on the contrary, I should regard its incor]>oration
into the Union at the present time as fraught with serious peril.

Were this island comparatively destitute of inhabitants or cxrcupied by
a kindred race, I should regard it, if voluntarily ceded by vSpain, as a
most desirable acqui.sition. But under existing circunistanct-s I .sliould
look upon its incorporation into our Union as a very hazardous measure.
It would bring into the Confederacy a pojnilation of a difTt-rcnt national
stock, speaking a different language, and not likely to liarinoni/.e with
the other members. It would probably affect in a ])reju(licial manner
the industrial interests of the South, and it might revive those conflicts

1 66 Messages and Papers of the Presidents

of opinion between the different sections of the country- which lately shook
the Union to its center, and which have been so happily compromised.

The rejection by the Mexican Congress of the convention which had
been concluded between that Republic and the United States for the pro-
tection of a transit way across the Isthmus of Tehuantepec and of the
interests of those citizens of the United States who had become proprie-
tors of the rights which Mexico had conferred on one of her own citi-
zens in regard to that transit has thrown a serious obstacle in the way
of the attainment of a very desirable national object. I am still willing
to hope that the differences on the subject which exist, or may hereafter
arise, between the Governments will be amicably adjusted. This sub-
ject, however, has already engaged the attention of the Senate of the
United States, and requires no further comment in this communication.

The settlement of the question respecting the port of San Juan de
Nicaragua and of the controversy between the Republics of Costa Rica
and Nicaragua in regard to their boundaries was considered indispen-
sable to the commencement of the ship canal between the two oceans,
which was the subject of the convention between the United States and
Great Britain of the 19th of April, 1850. Accordingly, a proposition for
the same purposes, addressed to the two Governments in that quarter
and to the Mosquito Indians, was agreed to in April last by the Secretary
of State and the minister of Her Britannic Majesty. Besides the wish to
aid in reconciling the dijfferences of the two Republics, I engaged in the
negotiation from a desire to place the great work of a ship canal between
the two oceans under one jurisdiction and to establish the important
port of San Juan de Nicaragua under the government of a civilized
power. The proposition in question was assented to by Costa Rica and
the Mosquito Indians. It has not proved equally acceptable to Nica-
ragua, but it is to be hoped that the further negotiations on the subject
which are in train will be carried on in that spirit of conciliation and com-
promise which ought alwaj^s to prevail on such occasions, and that they
will lead to a satisfactory result.

I have the satisfaction to inform j'-ou that the executive government of
Venezuela has acknowledged some claims of citizens of the United States
which have for many 3-ears past been urged by our charge d'affaires at
Caracas. It is hoped that the same sense of justice will actuate the Con-
gress of that Republic in providing the means for their payment.

The recent revolution in Buenos Ayres and the Confederated States
having opened the prospect of an improved state of things in that quar-
ter, the Governments of Great Britain and France determined to nego-
tiate with the chief of the new confederacy for the free access of their
commerce to the extensive countries watered by the tributaries of the I^a
Plata; and they gave a friendly notice of this purpose to the United
States, that we might, if we thought proper, pursue the same course. In
compUance with this invitation, our minister at Rio Janeiro and our

Millard Fillmore t6'J

charge d'affaires at Bueuos Ay res have been fully authorized to conclude
treaties with the newly organized confederation or the States composing
it. The delays which have taken place in the formation of the new gov-
ernment have as yet prevented the execution of those instructions, but
there is every reason to hope that these vast countries will be eventually
opened to our commerce.

A treaty of commerce has been concluded betw^een the United States
and the Oriental Republic of Uruguay, which will be laid before the
Senate. Should this convention go into operation, it will open to the com-
mercial enterprise of our citizens a country of great extent and unsur-
passed in natural resources, but from which foreign nations have hitherto
been almost wholly excluded.

The correspondence of the late Secretary of State with the Peruvian
charge d'affaires relative to the Lobos Islands was communicated to Con-
gress toward the close of the last session. Since that time, on further
investigation of the subject, the doubts which had been entertained of
the title of Peru to those islands have been removed, and I have deemed
it just that the temporary wrong wdiich had been unintentionally done
her from want of information should be repaired by an unreserved ac-
knowledgment of her sovereignty.

I have the satisfaction to inform you that the course pursued by Peru
has been creditable to the liberality of her Government. Before it was
known by her that her title would be acknowledged at Washington, her
minister of foreign affairs had authorized our charge d'affaires at Lima
to announce to the American vessels which had gone to the Lobos for
guano that the Peruvian Government was willing to freight them on its
own account. This intention has been carried into effect by the Peru-
vian minister here by an arrangement which is believed to be advanta-
geous to the parties in interest.

Our settlements on the shores of the Pacific have already given a great
extension, and in some respects a new direction, to our commerce in
that ocean. A direct and rapidly increasing intercourse has sprung up
with ea.stern Asia. The waters of the Northern Pacific, even into the
Arctic Sea, have of late years been frequented by our whalemen. The
application of .steam to the general purposes of navigation is becoming
daily more common, and makes it desirable to obtain fuel and other
neces.sary supplies at convenient points on the route iK'tween Asia and
our Pacific shores. Our unfortunate countrymen who from time to time
suffer .shipwreck on the coa.sts of the ea.stern seas are entitled to protec-
tion. Besides these .specific objects, the general prosperity of our States
on the Pacific requires that an attempt should l)e made to ()])eu the opjx)-
site regions of Asia to a nuitually l)eneficial intercourse. It is oln-ious
that this attempt could Ix.' made l)y no ]M)wer to s<j great advantage as
by the United States, whose constitutional system cxchules every idea of
distant colonial dei)eudencies. I have accordingly been led to order an

1 68 Messages and Papers of the Presidents

appropriate naval force to Japan, under the command of a discreet and
intelligent officer of the highest rank known to our service. He is in-
structed to endeavor to obtain from the Government of that country some
relaxation of the inhospitable and antisocial system which it has pursued
for about two centuries. He has been directed particularly to remon-
strate in the strongest language against the cruel treatment to which our
shipwrecked mariners have often been subjected and to insist that they
shall be treated with humanity. He is instructed, however, at the same
time, to give that Government the amplest assurances that the objects of
the United States are such, and such only, as I have indicated, and that
the expedition is friendly and peaceful. Notwithstanding the jealousy
with which the Governments of eastern Asia regard all overtures from
foreigners, I am not without hopes of a beneficial result of the expedi-
tion. Should it be crowned with success, the advantages will not be
confined to the United States, but, as in the case of China, will be equally
enjoyed by all the other maritime powers. I have much satisfaction in
stating that in all the steps preparatory to this expedition the Govern-
ment of the United States has been materially aided by the good offices
of the King of the Netherlands, the only European power having any
commercial relations with Japan.

In passing from this survey of our foreign relations, I invite the atten-
tion of Congress to the condition of that Department of the Government
to which this branch of the public business is intrusted. Our intercoiu'se
with foreign powers has of late years greatly increased, both in conse-
quence of our own growth and the introduction of many new states into
the family of nations. In this way the Department of State has become
overburdened. It has by the recent establishment of the Department of
the Interior been relieved of some portion of the domestic business. If
the residue of the business of that kind — such as the distribution of Con-
gressional documents, the keeping, publishing, and distribution of the
laws of the United States, the execution of the copyright law, the sub-
ject of reprieves and pardons, and some other subjects relating to interior
administration — should be transferred from the Department of State, it
would unquestionably be for the benefit of the public ser^dce. I would
also suggest that the building appropriated to the State Department is
not fireproof; that there is reason to think there are defects in its con-
struction, and that the archives of the Government in charge of the
Department, with the precious collections of the manuscript papers of
Washington, Jefferson, Hamilton, Madison, and Monroe, are exposed to
destruction by fire. A similar remark may be made of the buildings
appropriated to the War and Navy Departments.

The condition of the Treasury is exhibited in the annual report from
that Department.

The cash receipts into the Treasury for the fiscal year ending the 30th
June last, exclusive of trust funds, were $49,728,386.89, and the expend-

Millard Fillmore 169

itures for the same period, likewise exclusive of trust funds, were
007,896.20, of which $9,455,815.83 was on account of the principal and
interest of the public debt, including the last installment of the indemnity
to Mexico under the treaty of Guadalupe Hidalgo, leaving a balance of
$14,632,136.37 in the Treasury' on the ist day of July last. Since this
latter period further purchases of the principal of the public debt have
been made to the extent of $2,456,547.49, and the surplus in the Treas-
ur\' will continue to be applied to that object whenever the stock can be
procured within the limits as to price authorized by law.

The value of foreign merchandise imported during the last fiscal j'ear
was $207,240,101, and the value of domestic productions exported was
$149,861,91 1, besides $17,204,026 of foreign merchandise exported, mak-
ing the aggregate of the entire exports $167,065,937. Exclusive of the
above, there was exported $42,507,285 in specie, and imported from for-
eign ports $5,262,643.

In my first annual message to Congress I called your attention to what
seemed to me some defects in the present tariff, and recommended such
modifications as in my judgment were best adapted to remedy its evils
and promote the prosperity of the countr>\ Nothing has since occurred
to change my views on this important question.

Without repeating the arguments contained in my former message in
fa\-or of discriminating protective duties, I deem it my duty to call j^our
attention to one or two other considerations affecting this subject. The
first is the effect of large importations of foreign goods upon our cur-
rency. Most of the gold of California, as fast as it is coined, finds its
way directly to Europe in payment for goods purchased. In the second
place, as our manufacturing establishments are broken down hy compe-
tition with foreigners, the capital invested in them is lost, thousands of
honest and industrious citizens are thrown out of employment, and the
farmer, to that extent, is deprived of a home market for the sale of his
.surplus produce. In the third place, the destruction of our manufactures
leaves the foreigner without competition in our market, and he conse-
quently raises the price of the article sent here for sale, as is now .seen in
the increased cost of iron imjxjrted from England. The prosperity and
wealth of every nation nmst dejjend upon its productive industry. The
farmer is .stimulated to exertion by finding a ready market for his sur-
plus products, and benefited by lx;ing able to exchange them without
loss of time or expense of transportation for the maiuifactures which his
comfort or convenience requires. This is always done to the lx?.st advan-
tage where a portion of the community in which he lives is engaged iti
other pursuits. But most manufactures require an amount of capital and
a practical skill which can not l)e commanded unless the>- be ]>rotectcd for
a time from ruinous comi:)etition from abroad. Hence the necessity of
laying those duties upon imported goods which the Constitution author-
izes for revenue in such a manner as to protect and encourage the labor

lyo Messages and Papers of the Presidents

of our own citizens. Duties, however, should not be fixed at a rate so
high as to exclude the foreign article, but should be so graduated as
to enable the domestic manufacturer fairly to compete with the foreigner
in our own markets, and by this competition to reduce the price of the
manufactured article to the consumer to the lowest rate at which it can
be produced. This policy would place the mechanic by the side of the
farmer, create a mutual interchange of their respective commodities, and
thus stimulate the industry of the whole country and render us independ-
ent of foreign nations for the supplies required by the habits or necessi-
ties of the people.

Another question, wholly independent of protection, presents itself, and
that is, whether the duties levied should be upon the value of the article
at the place of shipment, or, where it is practicable, a specific duty, grad-
uated according to quantity, as ascertained by weight or measure. All
our duties are at present ad valorem. A certain percentage is levied on
the price of the goods at the port of shipment in a foreign country. Most
commercial nations have found it indispensable, for the purpose of pre-
venting fraud and perjury, to make the duties specific whenever the
article is of such a uniform value in weight or measure as to justify such
a duty. Legislation should never encourage dishonesty or crime. It
is impossible that the revenue ofiicers at the port where the goods are
entered and the duties paid should know with certainty what they cost
in the foreign country. Yet the law requires that they should levy the
duty according to such cost. They are therefore compelled to resort to
very unsatisfactory evidence to ascertain what that cost was. They take
the invoice of the importer, attested bj^ his oath, as the best evidence of
which the nature of the case admits. But everyone must see that the
invoice may be fabricated and the oath by which it is supported false,
by reason of which the dishonest importer pays a part only of the duties
which are paid by the honest one, and thus indirectly receives from the
Treasury of the United States a reward for his fraud and perjur}\ Tlie
reports of the Secretary of the Treasury heretofore made on this subject
show conclusively that these frauds have been practiced to a great extent.
The tendency is to destroy that high moral character for which our mer-
chants have long been distinguished, to defraud the Government of its
revenue, to break down the honest importer b}' a dishonest competition,
and, finally, to transfer the business of importation to foreign and irre-
sponsible agents, to the great detriment of our own citizens. I therefore
again most earnestly recommend the adoption of specific duties wher-
ever it is practicable, or a home valuation, to prevent these frauds.

I would also again call your attention to the fact that the present
tariff in some cases imposes a higher duty upon the raw material im-
ported than upon the article manufactured from it, the consequence of
which is that the duty operates to the encouragement of the foreigner
and the discouragement of our own citizens.

Millard Fillmore 171

For full and detailed information in regard to the general condition of
our Indian affairs, I respectfully refer you to the report of the Secretary
of the Interior and the accompanying documents.

The Senate not having thought proper to ratify the treaties which have
been negotiated with the tribes of Indians in California and Oregon, our
relations with them have been left in a very unsatisfactory condition.

In other parts of our territorj^ particular districts of country have been
set apart for the exclusive occupation of the Indians, and their right to
the lands within those limits has been acknowledged and respected. But
in California and Oregon there has been no recognition by the Govern-
ment of the exclusive right of the Indians to any part of the country.
They are therefore mere tenants at sufferance, and liable to be driven
from place to place at the pleasure of the whites.

The treaties which have been rejected proposed to remedy this evil by
allotting to the diiferent tribes districts of country suitable to their habits
of life and sufficient for their support. This provision, more than any
other, it is believed, led to their rejection; and as no substitute for it has
been adopted by Congress, it has not been deemed advisable to attempt
to enter into new treaties of a permanent character, although no effort
has been spared by temporary arrangements to preserve friendly rela-
tions with them.

If it be the desire of Congress to remove them from the country- alto-
gether, or to assign to them particular districts more remote from the
settlements of the whites, it will be proper to set apart by law the terri-
tory which they are to occupy and to provide the means necessary for
removing them to it. Justice alike to our own citizens and to the Indians
requires the prompt action of Congress on this subject.

The amendments proposed b}- the Senate to the treaties which were
negotiated with the Sioux Indians of Minnesota have been submitted to
the tribes who were parties to them, and have received their assent. A
large tract of valuable territory has thus Ix^en opened for settlement and
cultivation, and all danger of collision with these powerful and warlike
bands has Ix^en happily removed.

The removal of the remnant of the trilje of Seminole Indians frc^n
Florida has long been a cherished object of the Government, and it is one
to which my attention has been steadily directed. Admonished by past
ex|)erience of the difficulty and cost of the attem])t to remove them by
military force, re.sort has been had to conciliatory measures. By the
invitation of the Connni.s.sioner oi Indian AiTairs, several of the principal
chiefs recently visited Washington, and whilst here acknowledged in writ-
ing the obligation of their trilx.- to remove with the least possible delay.
Late advices from the special agent of the (Government rei)resent that
they adhere to their proini.se, and tliat a council of their peo])le has been
called to make their preliminary arrangements. A general emigration
may therefore be confidently exj)ected at an early day.

172 ^ Messages and Papers of the Presidents

The report from the General Land Office shows increased activity in its
operations. The survey of the northern boundary of Iowa has been com-
pleted with unexampled dispatch. Within the last year 9,522,953 acres of
public land have been surveyed and 8,032,463 acres brought into market.

Acres.

In the last fiscal year there were sold i, 553, 071

Located with bounty-land warrants 3, 201, 314

IvOcated with other certificates 115, 682

Making a total of 4, 870, 067

In addition there were —

Reported under swamp-land grants 5, 219, 188

For internal improvements, railroads, etc 3, 025, 920

Making an aggregate of i3i 1 15> i75

Being an increase of the amount sold and located under land warrants
of 569,220 acres over the previous year.

The whole amount thus sold, located under land warrants, reported
under swamp-land grants, and selected for internal improvements ex-
ceeds that of the previous year by 3,342,372 acres; and the sales would
without doubt have been much larger but for the extensive reservations
for railroads in Missouri, Mississippi, and Alabama.

Acres.

For the quarter ending 30th September, 1852, there were sold 243, 255

Located with bounty-land warrants i, 387, n6

Located with other certificates :5, 649

Reported under swampx-land grants 2, 485, 233

Making an aggregate for the quarter of 4, 131, 253

Much the larger portion of the labor of arranging and classifying the
returns of the last census has been finished, and it will now devolve upon
Congre.ss to make the necessary provision for the publication of the
results in such form as shall be deemed best. The apportionment of
representation on the basis of the new census has been made by the
Secretary of the Interior in conformity with the provisions of law relat-
ing to that subject, and the recent elections have been made in accord-
ance with it.

I commend to your favorable regard the suggestion contained in the
report of the Secretarj^ of the Interior that provision be made by law
for the publication and distribution, periodically, of an analytical digest
of all the patents which have been or may hereafter be granted for
useful inventions and discoveries, with such descriptions and illustrations
as may be necessary to present an intelligible view of their nature and
operation. The cost of such publication could easily be defrayed out of
the patent fund, and I am persuaded that it could be applied to no object
more acceptable to inventors and beneficial to the public at large.

An appropriation of $100,000 having been made at the last session for
the purchase of a suitable site and for the erection, furnishing, and fit-
ting up of an asylum for the insane of the District of Columbia and of
the Army and Navy of the United States, the proper measures have been
adopted to carry this beneficent purpose into effect.

Millard Fillmore 173

By the latest advices from the Mexican boundary commission it
appears that the survey of the river Gila from its confluence with the
Colorado to its supposed intersection with the western line of New
Mexico has been completed. The survey of the Rio Grande has also
been finished from the point agreed on by the commissioners as ' ' the
point where it strikes the southern boundary of New Mexico " to a point
135 miles below Eagle Pass, which is about two-thirds of the distance
along the course of the river to its mouth.

The appropriation which was made at the last session of Congress for
the continuation of the survey is subject to the following proviso:

Provided^ That no part of this appropriation shall be used or expended until it
shall be made satisfactorily to appear to the President of the United States that the
southern boundary of New Mexico is not established by the commissioner and sur-
veyor of the United States farther north of the town called "Paso" than the same is
laid down in Disturnell's map, which is added to the treaty.

My attention was drawn to this subject by a report from the Depart-
ment of the Interior, which reviewed all the facts of the case and
submitted for my decision the question whether under existing cir-
cimi-stances any part of the appropriation could be lawfully used or
expended for the further prosecution of the work. After a careful con-
sideration of the subject I came to the conclusion that it could not, and
so informed the head of that Department. Orders w'ere immediately
issued by him to the commissioner and surveyor to make no further
requisitions on the Department, as they could not be paid, and to discon-
tinue all operations on the southern line of New Mexico. But as the
Departmetit had no exact information as to the amount of provisions and
money which remained unexpended in the hands of the connnissioner
and surveyor, it was left discretionary with them to continue the survey
down the Rio Grande as far as the means at their disposal would enable
them or at once to disband the commission. A special messenger has
.since arrived from the officer in charge of the survey on the river with
information that the funds subject to his control were exhausted and
that the officers and others employed in the service were destitute aHke
of the means of prosecuting the work and of returning to their homes.

The object of the proviso was doubtless to arrest the .sur^'^ey of the
southern and western lines of New Mexico, in regard to which different
opinions have ])een expressed; for it is hardly to Ix' suppo.sed that there
could l)e any objection to that part of the line which extends along the
chatuiel of the Rio Grande. But the terms of the law are so l)roa(l as to
forbid the use of any part of the money for the prosecution of the work,
or even for the payment to the officers and agents of the arrearages of
pay which are justly due to them.

I earnestly invite your ])ronipt attention to this snbject, and rec(Mn-
mend a modification of the terms of the proviso, so as to enable tlie
Department to use as much of the appropriation as will Ix.' necessjiry to

174 Messages and Papers of the Presidents

discharge the existing obHgations of the Government and to complete
the survey of the Rio Grande to its mouth.

It will also be proper to make further provision by law for the fulfill-
ment of our treaty with Mexico for running and marking the residue of
the boundary line between the two countries.

Permit me to invite your particular attention to the interests of the
District of Columbia, which are confided by the Constitution to your
peculiar care.

Among the measures which seem to me of the greatest importance to
its prosperity are the introduction of a copious supply of water into the
city of Washington and the construction of suitable bridges across
the Potomac to replace those which were destroyed by high water in the
early part of the present j^ear.

At the last session of Congress an appropriation was made to defray
the cost of the surveys necessary for determining the best means of
affording an unfailing supply of good and wholesome water. Some prog-
ress has been made in the survey, and as soon as it is completed the
result will be laid before you.

Further appropriations will also be necessary for grading and pav-
ing the streets and avenues and inclosing and embellishing the public
grounds within the city of Washington.

I commend all these objects, together with the charitable institutions
of the District, to your favorable regard.

Every effort has been made to protect our frontier and that of the
adjoining Mexican States from the incursions of the Indian tribes. Of
about 1 1, GOO men of which the Army is composed, nearly 8,000 are em-
ployed in the defense of the newly acquired territory (including Texas)
and of emigrants proceeding thereto. I am gratified to say that these
efforts have l^een unusually successful. With the exception of some par-
tial outbreaks in California and Oregon and occasional depredations on a
portion of the Rio Grande, owing, it is believed, to the disturbed state
of that border region, the inroads of the Indians have been effectually
restrained.

Experience has shown, however, that whenever the two races are
brought into contact collisions will inevitably occur. To prevent these
collisions the United States have generally set apart portions of their ter-
ritory for the exclusive occupation of the Indian tribes. A difficulty
occurs, however, in the application of this policy to Texas. By the
terms of the compact by which that State was admitted into the Union
she retained the ownership of all the vacant lands within her limits.
The government of that State, it is understood, has assigned no portion
of her territory to the Indians, but as fast as her settlements advance
lays it off into counties and proceeds to survey and sell it. This policy
manifestly' tends not only to alarm and irritate the Indians, but to com-
pel them to resort to plunder for subsistence. It also deprives this

Millard Fillmore 175

Government of that influence and control over them without which no
durable peace can ever exist between them and the whites. I trust,
therefore, that a due regard for her own interests, apart from considera-
tions of humanit}' and justice, will induce that State to assign a small
portion of her vast domain for the provnsional occupancy of the small
remnants of tribes within her borders, subject, of course, to her owner-
ship and eventual jurisdiction. If she should fail to do this, the fulfill-
ment of our treaty .stipulations with Mexico and our duty to the Indians
themselves will, it is feared, become a subject of serious embarrassment
to the Government. It is hoped, however, that a timely and just pro-
vision by Texas may avert this evil.

No appropriations for fortifications were made at the two last sessions
of Congress. The cause of this omi.ssion is probably to be found in a
growing belief that the system of fortifications adopted in 18 16, and here-
tofore acted on, requires revision.

The subject certainly deser\'es full and careful inve.stigation, but it
should not be delayed longer than can be avoided. In the meantime
there are certain works which have been commenced, some of them
nearly completed, designed to protect our principal seaports from Boston
to New Orleans and a few other important points. In regard to the
necessity for these works, it is believed that little difference of opinion
exists among military men. I therefore recommend that the appropria-
tions necessary to prosecute them be made.

I invite your attention to the remarks on this .subject and on others
connected with his Department contained in the accompanying report of
the Secretary- of War.

Measures have been taken to carry into effect the law of the last .ses-
.sion making provision for the improvement of certain rivers and harbors,
and it is believed that the arrangements made for that purpose will com-
bine efficiency with economy. Owing chiefly to the advanced .sea.son
when the act was pa.s.sed, little has yet l^een done in regard to many of
the works l)eyond making the necessary preparations. With respect to
a few of the improvements, the sums already appropriated will suffice
to complete them; but most of them will require additional appropria-
tions. I trust that the.se appropriations will l^e made, and that this wise
and l^eneficent policy, so auspiciou.sly resumed, will be continued. Great
care .should 1x2 taken, however, to commence no work which is not of
sufficient imptjrtance to the commerce of the country- to be \ic\vcd as
tiational in its character. But works which have been commenced should
not be di.scontiinied until completed, as otherwise the sums expended
will in most ca.ses ])e lost.

Tlie re{x)rt from the Navy Departmetit will inform you of the ])ros-
perous condition of the branch of the public .service committed to its
charge. It pre.sents to your consideration many topics and su,i;.i,^estions
of which I ask your approval. It exhibits an unusual degree of acti\ it>

176 Messages and Papers of the Presidents

in the operations of the Department during the past year. The prepa-
rations for the Japan expedition, to which I have already alluded; the
arrangements made for the exploration and survey of the China Seas,
the Northern Pacific, and Behrings Straits; the incipient measures taken
toward a reconnoissance of the continent of Africa eastward of Liberia;
the preparation for an early examination of the tributaries of the river
La Plata, which a recent decree of the provisional chief of the Argentine
Confederation has opened to navigation — all these enterprises and the
means by which they are proposed to be accomplished have commanded
my full approbation, and I have no doubt will be productive of most use-
ful results.

Two officers of the Navy were heretofore instructed to explore the
whole extent of the Amazon River from the confines of Peru to its
mouth. The return of one of them has placed in the possession of the
Government an interesting and valuable account of the character and
resources of a country abounding in the materials of commerce, and
which if opened to the industry of the world will prove an inexhausti-
ble fund of wealth. The report of this exploration will be communicated
to you as soon as it is completed.

Among other subjects offered to your notice by the Secretary of the
Navy, I select for special commendation, in view of its connection with
the interests of the Navy, the plan submitted by him for the establish-
ment of a permanent corps of seamen and the suggestions he has pre-
sented for the reorganization of the Naval Academy.

In reference to the first of these, I take occasion to say that I think it
will greatly improve the efficiency of the service, and that I regard it as
still more entitled to favor for the salutary influence it must exert upon
the naval discipline, now greatly disturbed by the increasing spirit of
insubordination resulting from our present system. The plan proposed
for the organization of the seamen furnishes a judicious substitute for the
law of September, 1850, abolishing corporal punishment, and satisfacto-
rily sustains the policy of that act under conditions well adapted to main-
tain the authority of command and the order and security of our ships.
It is believed that any change which proposes permanently to dispense
with this mode of punishment should be preceded by a sj'stem of enlist-
ment which shall supply the Navy with seamen of the most meritorious
class, whose good deportment and pride of character may preclude all
occasion for a resort to penalties of a harsh or degrading nature. The
safety of a ship and her crew is often dependent upon immediate obedi-
ence to a command, and the authority to enforce it must be equally
ready. The arrest of a refractory seaman in such moments not only
deprives the ship of indispensable aid, but imposes a necessity for double
service on others, whose fidelity to their duties may be relied upon in such
an emergency. The exposure to this increased and arduous labor since
the passage of the act of 1850 has already had, to a most observable and

Millard Fillmore 177

injurious extent, the effect of preventing the enhstment of the best sea-
men in the Navy. The plan now suggested is designed to promote a
condition of service in which this objection will no longer exist. The
details of this plan may be established in great part, if not altogether, by
the Executive under the authorit}^ of existing laws, but I have thought
it proper, in accordance with the suggestion of the Secretary of the Navy,
to submit it to 5' our approval.

The establishment of a corps of apprentices for the Navy, or boys to
be enlisted until the5' become of age, and to be emploj'ed under such
regulations as the Navy Department may devise, as proposed in the
report, I cordially approve and commend to your consideration; and I
also concur in the suggestion that this system for the early training of
seamen may be most usefully ingrafted upon the service of our merchant
marine.

The other proposition of the report to which I have referred — the
reorganization of the Naval Academy — I recommend to your attention
as a project worthy of your encouragement and support. The valuable
services already rendered by this institution entitle it to the continuance
of your fostering care.

Your attention is respectfully called to the report of the Postmaster-
General for the detailed operation of his Department during the last
fiscal year, from which it will be seen that the receipts from postages for
that time were less by $1,431,696 than for the preceding fiscal year,
being a decrease of about 23 per cent.

This diminution is attributable to the reduction in the rates of postage
made by the act of March 3, 1851, which reduction took effect at the
commencement of the last fiscal year.

Although in its operation during the last year the act referred to has
not fulfilled the predictions of its friends by increasing the correspond-
ence of the country in proportion to the reduction of postage, I should,
nevertheless, question the policy of returning to higher rates. Experi-
ence warrants the expectation that as the comnuniity becomes accus-
tomed to cheap postage correspondence will increase. It is Ixjlieved that
from this cause and from the rapid growth of the country in population
and business the receipts of the Department nuist ultimately exceed its
expenses, and that the country may safely rely upon the contiiuiance of
the present cheap rate of postage.

In former messages I have, among other things, respectfully recom-
mended to the consideration of Congress the propriety and necessity of
further legislation for the protection and puni.shment of foreign consuls
residing in the United States; to revi\e, witli certain modifications, tlie
act of loth March, 1S38, to restrain unlawful military exjxMlitions against
the inhabitants of conterminous states or territories; for the preserva-
tion and protection from mutilation or theft of the papers, records, and
archives of the nation; for authorizing the surplus revenue to be applied
M P— VOL v — 12

178 Messages and Papers of the Presidents

to the payment of the public debt in advance of the time when it will
become due; for the establishment of land offices for the sale of the pub-
lic lands in California and the Territory of Oregon; for the construction
of a road from the Mississippi Valley to the Pacific Ocean ; for the estab-
lishment of a bureau of agriculture for the promotion of that interest,
perhaps the most important in the country; for the prevention of frauds
upon the Government in applications for pensions and bounty lands: for
the establishment of a uniform fee bill, prescribing a specific compensa-
tion for every service required of clerks, district attorneys, and marshals;
for authorizing an additional regiment of mounted men for the defense
of our frontiers against the Indians and for fulfilling our treaty stipula-
tions with Mexico to defend her citizens against the Indians ' ' with equal
diligence and energ}- as our own;" for determining the relative rank
between the naval and ci\'il officers in our public ships and between the
officers of the Army and Navy in the various grades of each; for reor-
ganizing the naval establishment by fixing the number of officers in each
grade, and providing for a retired list upon reduced pay of those unfit for
active duty; for prescribing and regulating punishments in the Navy;
for the appointment of a commission to revise the public statutes of the
United States hx arranging them in order, supplying deficiencies, cor-
recting incongruities, simplifying their language, and reporting them to
Congress for its final action; and for the establishment of a commission
to adjudicate and settle private claims against the United States. I am
not aware, however, that any of these subjects have been finally acted
upon by Congress. Without repeating the reasons for legislation on
these subjects which have been assigned in former messages, I respect-
full\' recommend them again to 3'our favorable consideration.

I think it due to the several Executive Departments of this Govern-
ment to bear testimonj^ to the efficiency and integrity with which they
are conducted. With all the careful superintendence which it is possible
for the heads of those Departments to exercise, still the due administra-
tion and guardianship of the public money must ver}- much depend on
the vigilance, intelligence, and fidelity of the subordinate officers and
clerks, and especially on those intrusted with the settlement and adjust-
ment of claims and accounts. I am gratified to believe that they have
generally performed their duties faithfulh' and well. They are appointed
to guard the approaches to the public Treasury, and the}- occup)- positions
that expose them to all the temptations and seductions which the cupid-
ity of peculators and fraudulent claimants can prompt them to employ.
It will be but a wise precaution to protect the Government against that
source of mischief and corruption, as far as it can be done, b}' the enact-
ment of all proper legal penalties. The laws in this respect are supposed
to be defective, and I therefore deem it my duty to call your attention to
the subject and to recommend that provision be made by law for the
punishment not only of those who shall accept bribes, but also of those

Millard Fillmore 179

who shall either promise, give, or offer to give to any of those ofi&cers or
clerks a bribe or reward touching or relating to any matter of their offi-
cial action or duty.

It has been the uniform policy of this Government, from its foundation
to the present day, to abstain from all interference in the domestic affairs
of other nations. The consequence has been that while the nations of
Europe have been engaged in desolating wars our country' has pursued
its peaceful course to unexampled prosperity and happiness. The wars
in which we have been compelled to engage in defense of the rights and
honor of the country have been, fortunatel}', of short duration. During
the terrific contest of nation against nation which succeeded the French
Revolution we were enabled by the wisdom and firmness of President
Washington to maintain our neutrality. While other nations were
drawn into this wide-sweeping whirlpool, we sat quiet and unmoved
upon our own shores. While the flower of their numerous armies was
wasted by disease or perished by hundreds of thousands upon the battle-
field, the youth of this favored land were permitted to enjoy the bless-
ings of peace beneath the paternal roof. While the States of Europe
incurred enormous debts, under the burden of which their subjects still
groan, and which must absorb no small part of the product of the honest
industry of those countries for generations to come, the United States
have once been enabled to exhibit the proud spectacle of a nation free
from public debt, and if permitted to pursue our prosperous way for a
few years longer in peace we may do the same again.

But it is now said by some that this policy must be changed. Europe
is no longer separated from us by a voyage of months, but steam navi-
gation has brought her within a few days' sail of our shores. We see
more of her movements and take a deeper interest in her controversies.
Although no one proposes that we should join the fraternity of potentates
who have for ages lavished the blood and treasure of their subjects in
maintaining ' * the balance of power, ' ' yet it is said that we ought to inter-
fere between contending sovereigns and their subjects for the purpose of
overthrowing the monarchies of Europe and establishing in their place
republican in.stitutions. It is alleged that we have heretofore pursued a
different course from a sense of our weakness, but that now our conscious
strength dictates a change of policy, and that it is consequently our duty
to mingle in these contests and aid those who are struggling for liberty.

This is a most seductive but dangerous appeal to the generous sym-
pathies of freemen. Enjoying, as we do, the blessings of a free Govern-
ment, there is no man who has an American heart that would not rejoice
to see these blessings extended to all other nations. We can not witness
the struggle between the oppressed and his oppre.«isor anywhere without
the deepe.st sympathy for the former and the most anxious desire for his
triumph. Nevertheless, is it prudent or is it wise to involve ourselves in
these foreign wars? Is it indeed true that we have heretofore refrained

i8o Messages and Papers of the Presidents

from doing so merely from the degrading motive of a conscious weakness?
For the honor of the patriots who have gone before us, I can not admit
it. Men of the Revolution, who drew the sword against the oppressions
of the mother country and pledged to Heaven "their lives, their fortunes,
and their sacred honor" to maintain their freedom, could never have
been actuated by so unworthy a motive. They knew no weakness or fear
where right or duty pointed the way, and it is a libel upon their fair fame
for us, while we enjoy the blessings for which they so nobly fought and
bled, to insinuate it. The truth is that the course which they pursued
was dictated by a stem sense of international justice, by a statesmanlike
prudence and a far-seeing wisdom, looking not merely to the present
necessities but to the permanent safety and interest of the country. They
knew that the world is gov'erned less by sympathy than b)^ reason and
force; that it was not possible for this nation to become a "propagan-
dist ' ' of free principles without arraying against it the combined powers
of Europe, and that the result was more likely to be the ov^erthrow of
republican liberty here than its establishment there. History has been
written in vain for those who can doubt this. France had no sooner estab-
lished a republican form of government than she manifested a desire to
force its blessings on all the world. Her own historian informs us that,
hearing of some petty acts of tyranny- in a neighboring principality,
"the National Convention declared that she would afford succor and
fraternity to all nations who wished to recover their liberty, and she gave
it in charge to the executive power to give orders to the generals of the
French armies to aid all citizens who might have been or should be
oppressed in the cause of liberty." Here was the false step which led
to her subsequent misfortunes. She soon found herself involved in war
with all the rest of Europe. In less than ten years her Government was
changed from a republic to an empire, and finally, after shedding rivers of
blood, foreign powers restored her exiled dynasty and exhausted Europe
sought peace and repose in the unquestioned ascendency of monarchical
principles. Let us learn wisdom from her example. Let us remember
that revolutions do not always establish freedom. Our own free institu-
tions were not the offspring of our Revolution. They existed before.
They were planted in the free charters of self-government under which
the English colonies grew up, and our Revolution only freed us from the
dominion of a foreign power whose government was at variance with
those institutions. But European nations have had no such training for
self-government, and every effort to establish it by bloody revolutions
has been, and must without that preparation continue to be, a failure.
Liberty unregulated by law degenerates into anarchy, which soon becomes
the most horrid of all despotisms. Our policy is wisely to govern our-
selves, and thereby to set such an example of national justice, prosperit}'^,
and true glory as shall teach to all nations the blessings of self-govern-
ment and the unparalleled enterprise and success of a free people.

Millard Fillmore i8i

We live in an age of progress, and ours is emphatically a country- of
progress. Within the last half century the number of States in this
Union has nearly doubled, the population has almost quadrupled, and
our boundaries have been extended from the Mississippi to the Pacific.
Our territory is checkered over with railroads and furrowed with canals.
The inv-entive talent of our countr}' is excited to the highest pitch,
and the numerous applications for patents for valuable improvements
distinguish this age and this people from all others. The genius of one
American has enabled our commerce to move against wind and tide and
that of another has annihilated distance in the transmission of intelli-
gence. The whole country is full of enterprise. Our common schools
are diffusing intelligence among the people and our industry is fast accu-
mulating the comforts and luxuries of life. This is in part owing to our
peculiar position, to our fertile soil and comparatively sparse population;
but much of it is also owing to the popular institutions under which we
live, to the freedom which every man feels to engage in any useful pur-
suit according to his taste or inclination, and to the entire confidence that
his person and property will be protected by the laws. But whatever may
be the cause of this unparalleled growth in population, intelligence, and
wealth, one thing is clear^ — that the Government must keep pace with
the progress of the people. It must participate in their spirit of enter-
prise, and while it exacts obedience to the laws and restrains all unau-
thorized invasions of the rights of neighboring states, it should foster
and protect home industr>' and lend its powerful strength to the improve-
ment of such means of intercommunication as are necessary to promote
our internal commerce and strengthen the ties which bind us together as
a people.

It is not strange, however much it may be regretted, that such an ex-
uberance of enterprise should cause some individuals to mistake change
for progress and the invasion of the rights of others for national prowess
and glory. The former are constantly agitating for some change in the
organic law, or urging new and untried theories of human rights. The
latter are ever ready to engage in any wild crusade against a neighbor-
ing people, regardless of the justice of the enterprise and without looking
at the fatal consequences to ourselves and to the cause of popular gov-
ernment. Such expeditions, however, are often stinuilated by mercenary
individuals, who expect to share the plunder or profit of the enterprise
without exposing themselves to danger, and are led on by some irre.six^n-
sible foreigner, who abuses the hospitality of our own (government by
seducing the young and ignorant to join in his .scheme of i)ersonal ambi-
tion or revenge under the false and delusive preten.se of extending the
area of freedom. These reprehensible aggressions but retard the true
progress of our nation and tarnish its fair fame. They should therefore
receive the indignant frowns of every good citizen who sincerely loves
his country and takes a pride in its prosperity and honor.

1 82 Messages and Papers of the Presidents

Our Constitution, though not perfect, is doubtless the best that ever
was formed. Therefore let every proposition to change it be well weighed
and, if found beneficial, cautiously adopted. Every patriot will rejoice
to see its authority so exerted as to advance the prosperity and honor of
the nation, whilst he will watch with jealousy any attempt to mutilate
this charter of our liberties or pervert its powers to acts of aggression or
injustice. Thus shall conservatism and progress blend their harmonious
action in preserving the form and spirit of the Constitution and at the
same time carry forward the great improvements of the country with a
rapidity and energy which freemen only can display.

In closing this my last annual communication, permit me, fellow-citi-
zens, to congratulate you on the prosperous condition of our beloved coun-
try. Abroad its relations with all foreign powers are friendly, its rights
are respected, and its high place in the family of nations cheerfully recog-
nized. At home we enjoy an amount of happiness, public and private,
which has probably never fallen to the lot of any other people. Besides
affording to our own citizens a degree of prosperity of which on so large
a scale I know of no other instance, our country is annually affording a
refuge and a home to multitudes, altogether without example, from the
Old World.

We owe these blessings, under Heaven, to the happy Constitution and
Government which were bequeathed to us by our fathers, and which it is
our sacred duty to transmit in all their integrity to our children. We
must all consider it a great distinction and privilege to have been chosen
by the people to bear a part in the administration of such a Government.
Called by an unexpected dispensation to its highest trust at a season of
embarrassment and alarm, I entered upon its ardyous duties with ex-
treme difl&dence. I claim only to have discharged them to the best of
an humble ability, with a single eye to the public good, and it is with
devout gratitude in retiring from office that I leave the country in a state
of peace and prosperity. MII.I.ARD FILI.MORE.

SPECIAL MESSAGES.

Washington, December 7, 1852.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, a treaty of friendship, commerce, and navigation, between the
United States and the Oriental Republic of Uruguay, signed at Monte-
video on the 28th of August last.

MIIvIyARD FII,I,MORE.

Millard Fillmore 183

Washington, December 8, 1852.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, an additional article, signed in this city on the i6th ultimo, to the
convention for the mutual delivery of criminals fugitives from justice
in certain cases between the United States on the one part and Prussia
and other States of the Germanic Confederation on the other part, con-
eluded on the 15th of June. 1852. MII.I.ARD FILLMORE.

Washington, /awwary 4, 1833.
To the Senate of the United States:

In answer to the resolution Of the Senate of the 30th ultimo, request-
ing information in regard to the establishment of a new British colony
in Central America, I transmit a report from the Secretary of State and
the documents by which it was accompanied.

MILLARD FILLMORE.

Washington, fanuary /, 1853.
To the Senate of the United States:

In answer to the Senate's resolution of the 3d instant, calling for
information relative to a proposed tripartite convention on the subject
of the island of Cuba, I transmit to the Senate a report from the Secre-
tary of State and the papers which accompanied it.

MILLARD FILLMORE.

Washington, yaw //ar)' 12, 1853.
To the Senate of the United States:

In pursuance of the eleventh article of the treaty with the Chickasaw
Indians signed on the 20th day of October, 1832, I herewith transmit
a recommendation from the Secretary of the Treasury for the invest-
ment of a portion of the funds belonging to said nation, for the purpose
of obtaining the advice and consent of the Senate to make the invest-
ment as therein recommended. MILLARD FILLMORE.

Washington, /rt;/«an' 12, iS^j.
To the Senate of the United States:

In reply to the resolution of your honorable body of the 5th instant, I
herewith communicate a report of the vSecretary of the Interior giving
the information* required. MILLARD FILLMORE.

*Relatiug to the Mexican 1>outulary cuiiuuissiou.

184 Messages and Papers of the Presidents

To the Senate of the United States:

In answer to the resolution of the Senate dated the 13th ultimo,
requesting further information in regard to the imprisonment of the
United States consul and of other American citizens in the castle at
Acapulco, I transmit a report from the Secretary of State and the doc-
uments by which it is accompanied.

MII^I^ARD FILLMORE.
January 17, 1853. ^^

Washington, /awMarj/ 77, i8_5j.
To the Senate and House of Representatives:

I transmit herewith a communication lately received at the Depart-
ment of State from the minister of Her Most Catholic Majesty, accom-
panied by a letter of instructions from the Spanish Government relative
to the case of the Amistad. In Mr. Calderon's communication reference
is had to former letters addressed by him to the Department of State on
the same subject, copies of which are herewith transmitted, and an ear-
nest wish is expressed that a final settlement of this long-pending claim
should be made. The tone of the letter of instructions from Mr. Manuel
Bertran de Lis is somewhat more peremptory than could be wished, but
this circumstance will not, probably, prevent Congress from giving his
suggestions the attention to which they may be entitled.

The claim of the Spanish Government on behalf of its subjects inter-
ested in the Amistad was the subject of discussion during the Admin-
istration of President Tyler between the Spanish minister and Mr.
Webster, then Secretary of State. In an elaborate letter of the latter,
addressed to the Chevalier d'Argais on the ist of September, 1841,
the opinion is confidently maintained that the claim is unfounded. The
Administration of President Polk took a different view of the matter.
The justice of the claim was recognized in a letter from the Department
of State to the Spanish minister of the igtli of March, 1847, and in his
annual message of the same year the President recommended its payment.

Under these circumstances the attention of Congress is again invited
to the subject. Respect to the Spanish Government demands that its
urgent representation should be candidly and impartially weighed. If
Congress should be of opinion that the claim is just, every consideration
points to the propriety of its prompt recognition and payment, and if the
two Houses should come to the opposite conclusion it is equally desirable
that the result should be announced without unnecessary delay.

MILLARD FILLMORE.

Washington, fanuary 18, iS^j.
To the Seriate and House of Representatives of the United States:

I have the honor herewith to transmit a report from the Secretary of
the Interior, from which it appears that the efforts of that Department

Millard Fillmore 185

to induce the Indians remaining in Florida to migrate to the country
assigned to their tribe west of the Mississippi have been entirely unsuc-
cessful. The only alternative that now remains is either to compel them
by force to comply with the treaty made with the tribe in May, 1832, by
which they agreed to migrate within three years from that date, or allow
the arrangement made with them in 1842, referred to in the Secretary's
report, by which they were permitted to remain in the temporary occu-
pancy of a portion of the peninsula until the Government should see fit
to remove them, to continue.

It can not be denied that the withholding so large a portion of her ter-
ritory from settlement is a source of injury to the State of Florida; and
although, ever since the arrangement above referred to, the Indians have
manifested a desire to remain at peace with the whites, the presence of a
people who may at any time and upon anj- real or fancied provocation
be driven to acts of hostility is a source of constant anxiety and alarm to
the inhabitants on that border.

There can be no doubt, also, that the welfare of the Indians would be
promoted by their remo\'al from a territorj^ where frequent collisions
between them and their more powerful neighbors are daily becoming more
inevitable.

On the other hand, there is every reason to believe that any manifes-
tation of a design to remove them by force or to take possession of the
territory allotted to them would be immediately retaliated by acts of
cruelty on the defenseless inhabitants.

The number of Indians now remaining in the State is, it is true, very
inconsiderable (not exceeding, it is believed, 500), but owing to the ex-
tent of the country occupied by them and its adaptation to their peculiar
mode of warfare, a force ver^' disproportioned to their ninnbers would be
necessary to capture them, or even to protect the white settlements from
their incursions. The military force now stationed in that State would
be inadequate to these objects, and if it should be determined to enforce
their removal or to survey the territory allotted to them some addition
to it would be necessary-, as the Government has but a small force avail-
able for that service. Additional appropriations for the .supjx)rt of the
Army would al.so, in that event, be necessary.

For these reasons I have deemed it proper to submit the whole matter
to Congress, for such action as they may deem best.

MILLARD FILLMORE.

Washington, /<;/;/ //an' 79, iS=jj.
To the House of Representatives:

In answer to the resolution of the Hou.se of Representatives of the 27th
ultimo, requesting information relative to the claims on Spain in the cases

i86 Messages and Papers of the Presidents

of the bark Georgia^ia and the brig Susan Loud, I transmit a report from
the Secretary of State, to whom the resolution was referred.

MILLARD FIIvIvMORE.

Washington, January 21, 1853.
To the Senate of the United States:

In compliance with the resolution of the Senate of the loth instant,
requesting certain correspondence relative to Central America, I trans-
mit a report from the Secretary of State and the documents by which
it was accompanied. MILLARD FILLMORE.

Washington, January 24., 1853.
To the House of Representatives of the United States:

In obedience to a resolution of your honorable body of December 27,
1852, in reference to claims of custom-house officers for additional pay,
I have the honor herewith to transmit a report from the Secretary of
the Treasury giving the desired information; and in answer to the sev-
enth interrogatory, asking "whether in mj^ opinion further legislation
is necessary or advisable either to protect the Treasury from unjust
claims or to secure to the claimants their just rights," I would state
that in my opinion no further legislation is necessary to effect either
object. My views on this subject will be more fully seen on reference
to an opinion given b}^ me to the Secretary of the Treasury, a copy of
which is annexed to his report. MILLARD FILLMORE.

Washington, /awz^arj/ 24, 1833.
To the Senate of the United States:

In answer to the resolution of the Senate of the 14th instant, relative to
the award of the Emperor Louis Napoleon, of France, in the case of the
brig Geyieral Armstrong, I transmit a report from the Secretary of State
and the documents by which it was accompanied.

MILLARD FILLMORE.

Washington, January ^7, 1853.
To the Senate of the United States:

In answer to the resolution of the Senate of the 13th instant, request-
ing a copy of correspondence and other documents relative to Nicaragua,
Costa Rica, and the territory claimed b}- the Mosquito Indians, I transmit
a report of the Secretary of State, to whom the resolution was referred.

MILLARD FILLMORE.

Millard Fillmore 187

Washington, January ^7, 185^.
To the House of Representatives:

Since my last message to your honorable body, communicating a re-
port from the Treasury Department, in answer to your resolution of the
3d instant [27th ultimo?] , in reference to the compensation of weighers
and gangers, further communications on that subject have been received
from New Orleans, which have just been reported to me by the Secretary
of the Treasury and which I deem it my duty to communicate to the

^°"^- MILLARD FILLMORE.

Washington, February j, iSsj.
To the Senate of the United States:

I transmit herewith to the Senate in a new draft the convention with
the Swiss Confederation, originally negotiated at Berne and concluded in
that city on the 25th of November, 1850. On the 7th of March, 185 1, it
was considered by the Senate of the United States, whose assent was
given to it with certain amendments, as will appear from the Journal of
the Senate of that day. The convention was sent back to Switzerland
with these alterations, which were taken into consideration by the Gov-
ernment of that Confederation, whose action in the premises will be
learned by a letter from its President of the 5th of July, 1852.

The modifications which the Government of the Swiss Confederation
are desirous of mtroducing into the amendments made by the Senate of
the United States and the articles affected by them are not inconsistent
with the object and spirit of those amendments, and appear to me to pro-
ceed upon a reasonable principle of compromise.

I have thought it expedient, in submitting them to the Senate with
a view to their advice and consent to the ratification of the treaty in its
present form, to have the entire instrument taken into a continuous draft,
as well the portions — by far the greater part — already assented to by the
Senate as the modifications proposed by the Government of the Swiss
Confederation in reference to these amendments. In preparing the new
draft a few slight alterations have been made in the modifications pro-
posed by the Swiss Government.

Should the convention receive the approbation of the Senate in its
present form, it will Ixi innnediately transmitted to Switzerland for rati-
fication by the Swiss Confederation.

The delays which have taken place in the negotiation of this treaty
have been principally caused by the want of a resident diplomatic agent
of the United States at Berne, and are among the reasons for whicli an
appropriation for a charge d'affaires to that Governniciit has recently, by
my direction, been recommended in a letter from the I)ei)artmL'nt of .State
to the chairman of the Committee on Foreign Relations of the vScnate.

MILLARD FILLMORE.

i88 Messages and Papers of the Presidents

Washington, February j, 1853.
To the Senate of the United States:

In compliance with the resolution of the Senate of the nth ultimo,
asking for information with regard to the execution of the postal con-
vention between the United States and Great Britain, I transmit a report
from the Secretary of State and the documents which accompanied it.

MIIvIvARD FII.I.MORE.

Washington, February 7, 1853.
To the Senate and Hotise of Representatives :

Having in my message to Congress at the opening of the session ad-
verted to the pending negotiations between this Government and that of
Great Britain relative to the fisheries and commercial reciprocity with the
British American Provinces, I transmit for the information of Congress
the accompanying report from the Department of State on the present
state of the negotiations, and I respectfully invite the attention of the
two Houses to the suggestion in the latter part of the report.

MILIvARD FII,I,MORE.

Washington, February p, 18^3.
To the Senate and House of Representatives:

I herewith transmit a commimication from the Secretary of the Navy,
accompanied by the first part of Lieutenant Herndon's report of the ex-
ploration of the valley of the Amazon and its tributaries, made by him
in connection with lyieuteuant Gardner Gibbon, under instructions from
the Navy Department. MILLARD FILLMORE.

Washington, February //, 1833.
To the Senate of the United States:

I herewith communicate to the Senate, for its consideration with a view
to ratification, a convention on the subject of the extradition of fugitives
from justice between the United States and Belgium, concluded and
signed in this city on the nth instant by the respective plenipotentiaries.

MILLARD FILLMORE.

Washington, February 18, 1853.
To the Senate and House of Representatives:

I transmit a report from the Secretary of State, embodying the sub-
stance of recent communications made by the minister of Her Britannic
Majesty to the Department of State on the subject of the interoceanic

Millard Fillmore 189

canal by the Nicaragua route, which formed the chief object of the treaty
between the United States and Great Britain of the 19th April, 1850, and
the relations of Great Britain to the protectorate of Mosquito, which she
expresses herself desirous of relinquishing on terms consistent with her
honorable engagements to the Indians of that name.

In consequence of these communications and other considerations
stated in the report, it is deemed advisable by the Department that our
diplomatic relations with the States of Central America should be placed
on a higher and more efficient footing, and this measure meets my appro-
bation. The whole subject is one of so much delicacy and importance
that I should have preferred, so near the close of my Administration, not
to make it the subject of an Executive communication. But inasmuch
as the measure proposed can not, even if deemed expedient by my suc-
cessor, take effect for near a twelvemonth unless an appropriation is made
by this Congress, I have thought it my duty to submit the report of the
Department to the two Houses. The importance of the measure seemed
to require an exposition somewhat in detail of the grounds on which it is
recommended. MILLARD FILLMORE.

Washington, February 18, 1853.
To the Senate of the United States:

I transmit to the Senate, with the view to its ratification, a convention
which was yesterday concluded between the United States and Great
Britain for the establishment of international copyright.

MILLARD FILLMORE.

Washington, February ig>, 1853.
To the Senate of the United States:

In answer to the resolution of the Senate of the 14th instant, relative
to the fisheries on the coasts of Florida, I transmit herewith a report
from the Secretary of State and the documents which accompanied it.

MILLARD FILLMORE.

W.\SlllXGTON, February 21, /cS'5?.
To the Senate of the United States:

In compliance with your resolution of the 19th of February instant, I
herewith communicate a re]X)rt from the Secretary of War, containing the
report of Lieutenant Meigs, of the Ivngineer Corps, on the surveys, proj-
ects, and estimates for suppl>ing the cities of Washington and George-
town with an unfailing and abundant supply of water.

MILLARD FILLMORE.

190 Messages and Papers of the Presidents

Washington, February 21, 1853.
To the Senate of the United States:

I have the honor to transmit herewith a report from the Secretary of
the Treasury of the 21st instant, in reference to the reinvestment of cer-
tain monej's belonging to the Chickasaw Nation of Indians which will
come into the Treasurj^ during the succeeding vacation of the Senate, and
I respectfully concur in the recommendation made by the Secretary.

MII.LARD FIIvLMORE.

Washington, February 2j, 1853.
To the Senate of the United States:

I transmit to the Senate, for advice and consent with a view to ratifica-
tion, a convention between the United States and Her Britannic Majesty
for the adjustment of certain claims of citizens of the United States on
the British Government and of British subjects on the Government of the
United States, signed in London on the 8th instant. Although it is stip-
ulated by the terms of the first article of the convention that the com-
missioner on the part of this Government shall be appointed by the
President of the United States, it is not understood that this stipulation
was intended to dispense with the concurrence of the Senate in such
appointment. MILLARD FILLMORE.

Washington, February 25, 18^ j.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, a consular convention concluded in this city on the 23d instant
between the United States and His Majesty the Emperor of the French.

MILLARD FILLMORE.

Washington, February 26, 1853.
To the Senate of the United States:

I transmit a copy of a proclamation of yesterday, which I deemed it

advisable to issue, relative to an extraordinary session of the Senate on

the 4th of March next. MILLARD FILLMORE.

Washington, February 28, 1853.
To the Senate of the United States:

In answer to the resolution of the Senate of the 17th January last,
requesting information in regard to the fisheries on the coasts of the
British North American Provinces, I transmit a report from the Secretary
of State and the documents which accompanied it.

MILLARD FILLMORE.

Millard Fillmore 191

Washington, February 28, 1853.
To the Senate of the United States:

I herewith transmit, for the consideration and advice of the Senate, a
treaty recently entered into with the Apache Indians in New Mexico by
Colonel Sumner and Mr. Greiner, acting on behalf of the United States,
together with the letter of Colonel Sumner on the subject of the treaty
and reports thereon from the Commissioner of Indian Affairs and the
Secretary of the Interior. MILLARD FILLMORE.

PROCLAMATION.

By the President of the United States of America,
a proclamation.

The attention of the President having been called to the proceedings
of Congress at the close of its session on the 4th of March, 185 1, from
which it appears that the constitutional term of that body was held not
to have expired until 12 o'clock at noon of that day, and a notice hav-
ing been issued, agreeably to former usage, to convene the Senate at 1 1
o'clock a. m. on the 4th of March next, it is apparent that such call is
in conflict with the decision aforesaid:

Now, therefore, as well for the purpose of removing all doubt as to
the legality of such call as of establishing a precedent of what is deemed
a proper mode of convening the Senate, I, Millard Fillmore, President of
the United States, have considered it to be my duty to issue this my
proclamation, revoking said call and hereby declaring that an extraor-
dinary occasion requires the Senate of the United vStates to convene for
the transaction of business at the Capitol, in the city of Washington, on
Friday, the 4th day of March next, at 12 o'clock at noon of that day, of
which all who shall at that time l^e entitled to act as meml^ers of that
body are hereby required to take notice.

Given under my hand and the seal of the United States, at Washing-
ton, this 25th day of February, A. I). 1853, and of the Inde-
'-' ■-' pendence of the United States the sevent>'-seventh.

MILLARD FILLMORE.
By the President:

Edward Everett,

Secretary of State.

Franklin Pierce

March 4, 18B3, to March 4, 1857

M P— VOL V— 13 193

Franklin Pierce

Franklin Pierce was bom in Hillsboro, N. H., November 23, 1804.
Was the fourth son of Benjamin and Anna Pierce. His father was a
citizen of Massachusetts; was a soldier in the War of the Revolution, at-
taining the rank of captain and brevet major. After peace was declared
he removed from Massachusetts to New Hampshire and located near
what is now Hillsboro. His first wife was Elizabeth Andrews, who died
at an early age. His second wife, the mother of Franklin Pierce, was
Anna Kendrick, of Amherst, N. H. He was sheriff of his county, a
member of the State legislature and of the governor's council, and was
twice chosen governor of his State (as a Democrat), first in 1827 and again
in 1829. For many years he was declared to be "the most influential
man in New Hampshire." He died in 1839. Franklin was given an
academic education in well-known institutions at Hancock, Francestown,
and Exeter, and in 1820 was sent to Bowdoin College. His college mates
there were John P. Hale, his future political rival; Profes.sor Calvin E.
Stowe; Sergeant S. Prentiss, the distinguished orator; Henry W. Long-
fellow, and Nathaniel Hawthorne, his future biographer and lifelong
friend. He graduated in 1824, being third in his class. After taking his
degree he began the study of law at Port.smouth in the office of Levi
Woodbury, where he remained about a year. Afterwards sj^nt two
years in the law school at Northampton, Mass., and in the office of Judge
Edmund Parker, at Amherst, N. H. In 1827 was admitted to the bar
and began practice in his nativ^e town. Espoused the cau.se of Andrew
Jack.son with ardor, and in 1829 was elected to represent his native town
in the legislature, where by three subsequent elections he ser\'ed four
years, the last two as speaker. In 1833 was elected to represent his
native district in the lower House of Congress, where he remained four
years; .served on the Judiciary and other imjxjrtant connnittecs. His
first important speech in the Hou.se was delivered in i<S34 uix)n the ne-
cessity of economy and of watchfulness against frauds in the payment
of Revolutionary claims. In 1834 married Mi.ss Jane Means Ajipleton,
daughter of Rev. Jesse Appleton, president of Bowdoin College. In 1837
was elected to the United States Senate. On account of ill health of his

195

196 Messages and Papers of the Presidents

wife, deeming it best for her to return to New Hampshire, on June 28,
1842, resigned his seat, and returning to his home resumed the practice
of the law. In 1838 he changed his residence from Hillsboro to Concord.
In 1845 dechned an appointment to the United States Senate to fill a
vacancy. Also declined the nomination for governor, tendered by the
Democratic State convention, and in 1845 an appointment to the office of
Attorney- General of the United States, tendered by President Polk. In
1846, when the war with Mexico began, he enlisted as a private in a
volunteer company organized at Concord; was soon afterwards commis-
sioned colonel of the Ninth Regiment of Infantry; March 3, 1847, was
commissioned brigadier-general in the Volunteer Army, and on March
27 embarked for Mexico, arriving at Vera Cruz June 28. August 6, 1847,
joined General Scott with his brigade at Puebla, and soon set out for the
capture of the City of Mexico. Took part in the battle of Contreras
September 19, 1847, in which engagement he was severely injured by
being thrown from his horse. The next day, not having recovered, he
undertook to accompany his brigade in action against the enemy, when
he fainted. He persisted in remaining on duty in the subsequent opera-
tions of the Arm3\ His conduct and services were spoken of in high
terms by his superior officers. Generals Scott, Worth, and Pillow. Be-
fore the battle of Molino del Rey was appointed one of the American
commissioners in the effort for peace, a truce being declared for that
purpose. The effort failed and the fighting was renewed. Participated
in the battle of Molino del Rey and continued on duty till peace was
declared. Resigned his commission in March, 1848, and returned to his
home. The same month the legislature of his State voted him a sword
of honor in appreciation of his services in the war. Resumed his law
practice and was highly successful. In 1850 was a member of the con-
stitutional convention which met at Concord to amend the constitution of
New Hampshire, and was chosen to preside over its deliberations; he
favored the removal of the religious- test clause in the old constitution, by
which Roman Catholics were disqualified from holding office in the State,
and also the abolition of any "property qualification;" he carried these
amendments through the convention, but the people defeated them at
the election. In January, 1852, the Democratic State convention of New
Hampshire declared for him for President, but in a letter January 12 he
positively refused to permit the delegation to present his name. The
national convention of the party met at Baltimore June i, 1852. On
the fourth da}- he was nominated for President, and was elected in No-
vember, receiving 254 electoral votes, while his opponent, General Scott,
received only 42. Was inaugurated March 4, 1853. In 1856 was voted
for by his friends in the national Democratic convention for renomina-
tion, but was unsuccessful. Upon the expiration of his term as President
he retired to his home at Concord, where he resided the remainder of his
life. Died October 8, 1869, and was buried at Concord.

Franklin Pierce 197

INAUGURAL ADDRESS.

My Countrymen: It is a relief to feel that no heart but my own can
know the personal regret and bitter sorrow over which I have been borne
to a position so suitable for others rather than desirable for myself.

The circumstances under which I have been called for a limited period
to preside over the destinies of the Republic fill me with a profound
sense of responsibility, but with nothing like shrinking apprehension.
I repair to the post assigned me not as to one sought, but in obedience
to the unsolicited expression of your will, answerable only for a fearless,
faithful, and diligent exercise of my best powers. I ought to be, and
am, truly grateful for the rare manifestation of the nation's confidence;
but this, so far from lightening my obligations, only adds to their weight.
You have summoned me in my weakness; you must sustain me by your
strength. When looking for the fulfillment of reasonable requirements,
you will not be unmindful of the great changes which have occurred,
even within the last quarter of a century, and the consequent augmen-
tation and complexity of duties imposed in the administration both of
your home and foreign affairs.

Whether the elements of inherent force in the Republic have kept pace
with its unparalleled progression in territory, population, and wealth has
been the subject of earnest thought and discussion on both sides of the
ocean. Less than sixty-four years ago the Father of his Country made
"the" then "recent accession of the important State of North Carolina to
the Constitution of the United States ' ' one of the subjects of his special
congratulation. At that moment, however, when the agitation conse-
quent upon the Revolutionary struggle had hardly subsided, when we were
just emerging from the weakness and embarrassments of the Confedera-
tion, there was an evident consciousness of vigor equal to the great mission
so wisely and bravely fulfilled by our fathers. It was not a presumptuous
assurance, but a calm faith, springing from a clear view of the sources of
power in a govenunent constituted like ours. It is no paradox to .say
that although comparatively weak the new-born nation was intrinsically
strong. Inconsiderable in population and apparent resources, it was
upheld by a broad and intelligent comprehension of rights and an all-
per\'ading purpose to maintain them, stronger than armaments. It came
from the furnace of the Revolution, tempered to the neces.sities of the times.
The thoughts of the men of that day were as practical as their .sentiments
were patriotic. They wa.sted no portion of their energies \\\tow idle and
delu.sive .speculations, but with a firm and fearless .step advanced 1)eyond
the governmental landmarks which had hitherto circumscribed the limits
of human freedom and j^lanted their standard, where it has stood against
dangers which have threatened from abroad, and internal agitation, which

198 Messages and Papers of the Presidents

has at times fearfully menaced at home. They proved themselves equal
to the solution of the great problem, to understand which their minds had
been illuminated by the dawning lights of the Revolution. The object
sought was not a thing dreamed of; it was a thing realized. They had
exhibited not only the power to achieve, but, what all history affirms to be
so much more unusual, the capacity to maintain. The oppressed through-
out the world from that day to the present have turned their eyes hith-
er ward, not to find those lights extinguished or to fear lest they should
wane, but to be constantly cheered by their steady and increasing radiance.

In this our country has, in my judgment, thus far fulfilled its highest
duty to suffering humanity. It has spoken and will continue to speak,
not only by its words, but by its acts, the language of sympathy, encour-
agement, and hope to those who earnestly listen to tones which pronounce
for the largest rational liberty. But after all, the most animating encour-
agement and potent appeal for freedom will be its own history — its trials
and its triumphs. Preeminently, the power of our advocacy reposes in
our example; but no example, be it remembered, can be powerful for last-
ing good, whatever apparent advantages may be gained, which is not based
upon eternal principles of right and justice. Our fathers decided for
themselves, both upon the hour to declare and the hour to strike. They
were their own judges of the circumstances under which it became them
to pledge to each other "their lives, their fortunes, and their sacred
honor" for the acquisition of the priceless inheritance transmitted to
us. The energy with which that great conflict was opened and, under
the guidance of a manifest and beneficent Providence, the uncomplaining
endurance with which it was prosecuted to its consummation were only
surpassed by the wisdom and patriotic spirit of concession which charac-
terized all the counsels of the early fathers.

One of the most impressive evidences of that wisdom is to be found in the
fact that the actual working of our system has dispelled a degree of solici-
tude which at the outset disturbed bold hearts and far-reaching intellects.
The apprehension of dangers from extended territory, multiplied States,
accumulated wealth, and augmented population has proved to be un-
founded. The stars upon your banner have become nearly threefold their
original number; your densely populated possessions skirt the shores of
the two great oceans; and yet this vast increase of people and territory has
not only shown itself compatible with the harmonious action of the States
and Federal Government in their respective constitutional spheres, but
has afforded an additional guaranty of the strength and integrity of both.

With an experience thus suggestive and cheering, the policy of my
Administration will not be controlled by any timid forebodings of evil
from expansion. Indeed, it is not to be disguised that our attitude as
a nation and our position on the globe render the acquisition of certain
possessions not within our jurisdiction eminently important for our pro-
tection, if not in the future essential for the preservation of the rights of

Franklin Pierce 199

commerce and the peace of the world. Should they be obtained, it will
be through no grasping spirit, but with a view to obvious national inter-
est and security, and in a manner entirely consistent with the strictest
observance of national faith. We have nothing in our history or position
to invite aggression; we have everything to beckon us to the cultivation
of relations of peace and amity with all nations. Purposes, therefore, at
once just and pacific will be significantly marked in the conduct of our
foreign affairs. I intend that my Administration shall leave no blot upon
our fair record, and trust I may safely give the assurance that no act
within the legitimate scope of my constitutional control will be tolerated
on the part of any portion of our citizens which can not challenge a ready
justification before the tribunal of the civilized world. An Administra-
tion would be unworthy of confidence at home or respect abroad should
it cease to be influenced by the conviction that no apparent advantage
can be purchased at a price so dear as that of national wrong or dishonor.
It is not your privilege as a nation to speak of a distant past. The strik-
ing incidents of your histor>', replete with instruction and furnishing
abundant grounds for hopeful confidence, are comprised in a period com-
paratively brief. But if your past is limited, your future is boundless.
Its obligations throng the unexplored pathway of advancement, and will
be limitless as duration. Hence a sound and comprehensive policy should
embrace not less the distant future than the urgent present.

The great objects of our pursuit as a people are best to be attained
by peace, and are entirely consistent with the tranquillity and interests
of the rest of mankind. With the neighboring nations upon our conti-
nent we should cultivate kindly and fraternal relations. We can desire
nothing in regard to them so much as to see them consolidate their
strength and pursue the paths of prosperity and happiness. If in the
course of their growth we should open new channels of trade and create
additional facilities for friendly intercourse, the benefits realized will be
equal and mutual. Of the complicated European systems of national
polity we have heretofore been independent. From their wars, their
tumults, and anxieties we have Ijeen, happily, almost entirely exempt.
Whilst these are confined to the nations which gave them existence, and
within their legitimate jurisdiction, they can not affect us except as they
appeal to our sympathies in the cause of human freedom and universal
advancement. But the vast interests of commerce are common to all
mankind, and the advantages of trade and international intercourse nuist
always present a noble field for the moral influence of a great jx^ople.

With these views firmly and honestly carried out, we have a right to
expect, and shall under all circumstances recjuire, pronijit recii>r()city.
The rights which belong to us as a nation are not alone to l)e regarded,
but tho.se which pertain to every citizen in his individual capacity, at
home and abroad, must l)e .sacredly maintained. So long as he can di.s-
cem every star in its place upon that ensign, without wealth to purchase

200 Messages and Papers of the Presidents

for him preferment or title to secure for him place, it will be his priv-
ilege, and must be his acknowledged right, to stand unabashed even
in the presence of princes, with a proud consciousness that he is him-
self one of a nation of sovereigns and that he can not in legitimate
pursuit wander so far from home that the agent whom he shall leave
behind in the place which I now occupy will not see that no rude hand of
power or tyrannical passion is laid upon him with impunity. He must
realize that upon every sea and on every soil where our enterprise may
rightfully seek the protection of our flag American citizenship is an invio-
lable panoply for the security of American rights. And in this connection
it can hardly be necessary to reaffirm a principle which should now be re-
garded as fundamental. The rights, security, and repose of this Confeder-
acy reject the idea of interference or colonization on this side of the ocean
by any foreign power beyond present jurisdiction as utterly inadmissible.

The opportunities of observation furnished by my brief experience as
a soldier confirmed in my own mind the opinion, entertained and acted
upon by others from the formation of the Government, that the mainte-
nance of large standing armies in our country would be not only danger-
ous, but unnecessary. They also illustrated the importance — I might
well say the absolute necessitj- — of the military science and practical
skill furnished in such an eminent degree by the institution w^hich has
made your Army what it is, under the discipline and instruction of offi-
cers not more distinguished for their solid attainments, gallantry, and
devotion to the public service than for unobtrusive bearing and high
moral tone. The Army as organized must be the nucleus around which
in every time of need the strength of your military power, the sure bul-
wark of your defense — a national militia — may be readily formed into a
well-disciplined and efficient organization. And the skill and self-dev^o-
tion of the Navy assure you that you may take the performance of the
past as a pledge for the future, and may confidently expect that the flag
which has waved its untarnished folds over every sea will still float in
undiminished honor. But these, like many other subjects, will be appro-
priately brought at a future time to the attention of the coordinate
branches of the Government, to which I shall always look with pro-
found respect and with trustful confidence that they will accord to me
the aid and support which I shall so much need and which their expe-
rience and wisdom \\'ill readily suggest.

In the administration of domestic affairs you expect a devoted integ-
rity in the public service and an observance of rigid economy in all
departments, so marked as never justly to be questioned. If this reason-
able expectation be not realized, I frankly confess that one of your lead-
ing hopes is doomed to disappointment, and that my efforts in a very
important particular must result in a humiliating failure. Offices can
be properly regarded only in the light of aids for the accomplishment of
these objects, and as occupancy can confer no prerogative nor importu-

Franklin Pierce 201

nate desire for preferment any claim, the public interest imperatively
demands that they be considered with sole reference to the duties to be
performed. Good citizens may well claim the protection of good laws
and the benign influence of good government, but a claim for office is
what the people of a republic should never recognize. No reasonable
man of any party will expect the Administration to be so regardless of its
responsibility and of the obvious elements of success as to retain persons
known to be under the influence of political hostility and partisan prej-
udice in positions which will require not only severe labor, but cordial
cooperation. Having no implied engagements to ratify, no rewards to
bestow, no resentments to remember, and no personal wishes to consult
in selections for official station, I shall fulfill this difficult and delicate
trust, admitting no motive as worthy either of my character or position
which does not contemplate an efficient discharge of duty and the best
interests of my country. I acknowledge my obligations to the masses
of my countrymen, and to them alone. Higher objects than personal
aggrandizement gave direction and energy to their exertions in the late
canvass, and they shall not be disappointed. They require at my hands
diligence, integrity, and capacity wherever there are duties to be per-
formed. Without these qualities in their public servants, more stringent
laws for the prevention or punishment of fraud, negligence, and pecula-
tion will be vain. With them they will be unnecessary.

But these are not the only points to which you look for vigilant
watchfulness. The dangers of a concentration of all power in the gen-
eral government of a confederacy so vast as ours are too obvious to be
disregarded. You have a right, therefore, to expect your agents in every
department to regard strictlj^ the limits imposed upon them by the Con-
stitution of the United States. The great scheme of our constitutional
liberty rests upon a proper distribution of power between the State and
Federal authorities, and experience has shown that the harmony and
happiness of our people must depend upon a just discrimination between
the separate rights and responsibilities of the States and your common
rights and obligations under the General Government; and here, in my
opinion, are the considerations which should form the true basis of future
concord in regard to the questions which have most seriously disturbed
public tranquillity. If the Federal Government will confine itself to
the exercise of powers clearly granted by the Constitution, it can hardly
happen that its action upon any question should endanger the institu-
tions of the States or interfere with their right to manage matters strictly
domestic according to the will of their own people.

In expressing briefly my views upon an important subject which lias
recently agitated the nation to almost a fearful degree, I am moved by
no other impulse than a most earnest desire for the perj)etuation of that
Union which has made us what we are, showering upon us blessings and
conferring a power and influence which our fathers could hardly have

2o2 Messages and Papers of the Presidents

anticipated, even with their most sanguine hopes directed to a far-off
future. The sentiments I now announce were not unknown before the
expression of the voice which called me here. My own position upon
this subject was clear and unequivocal, upon the record of my words
and my acts, and it is only recurred to at this time because silence might
perhaps be misconstrued. With the Union my best and dearest earthly
hopes are entwined. Without it what are we individually or collectively?
What becomes of the noblest field ever opened for the advancement of
our race in religion, in government, in the arts, and in all that dignifies
and adorns mankind? From that radiant constellation wdaich both illu-
mines our own way and points out to struggling nations their course, let
but a single star be lost, and, if there be not utter darkness, the luster
of the whole is dimmed. Do my countrymen need an}' assurance that
such a catastrophe is not to overtake them while I possess the power to
stay it? It is with me an earnest and vital belief that as the Union has
been the source, under Providence, of our prosperity to this time, so it is
the surest pledge of a continuance of the blessings we have enjoyed, and
which we are sacredly bound to transmit undiminished to our children.
The field of calm and free discussion in our country is open, and will
always be so, but never has been and never can be traversed for good in
a spirit of sectionalism and un charitableness. The founders of the Re-
public dealt with things as they were presented to them, in a spirit of
self-sacrificing patriotism, and, as time has proved, with a comprehensive
wisdom which it will always be safe for us to consult. Every measure
tending to strengthen the fraternal feelings of all the members of our
Union has had my heartfelt approbation. To every theory of society
or government, w^hether the offspring of feverish ambition or of morbid
enthusiasm, calculated to dissolve the bonds of law and affection which
unite us, I shall interpose a ready and stern resistance. I believe that
involuntary servitude, as it exists in different States of this Confederacy,
is recognized by the Constitution. I believe that it stands like any other
admitted right, and that the States where it exists are entitled to efficient
remedies to enforce the constitutional provisions. I hold that the laws
of 1850, commonly called the " compromise measures," are strictly con-
stitutional and to be unhesitatingly carried into effect. I believe that the
constituted authorities of this Republic are bound to regard the rights
of the South in this respect as they would view any other legal and con-
stitutional right, and that the laws to enforce them should be respected
and obeyed, not with a reluctance encouraged by abstract opinions as to
their propriety in a different state of society, but cheerfully and accord-
ing to the decisions of the tribunal to which their exposition belongs.
Such have been, and are, my convictions, and upon them I shall act. I
ferv^ently hope that the question is at rest, and that no sectional or am-
bitious or fanatical excitement may again threaten the durability of our
institutions or obscure the light of our prosperity.

Pranklin Pierce 203

But let not the foundation of our hope rest upon man's wisdom. It
will not be sufficient that sectional prejudices find no place in the public
deliberations. It will not be sufficient that the rash counsels of human
passion are rejected. It must be felt that there is no national security
but in the nation's humble, acknowledged dependence upon God and His
overruling providence.

We have been carried in safety through a perilous crisis. Wise coun-
sels, like those which gave us the Constitution, prevailed to uphold it.
Let the period be remembered as an admonition, and not as an encourage-
ment, in any section of the Union, to make experiments where experi-
ments are fraught with such fearful hazard. Let it be impressed upon all
hearts that, beautiful as our fabric is, no earthly power or wisdom could
ever reunite its broken fragments. Standing, as I do, almost within
view of the green slopes of Monticello, and, as it were, within reach of
the tomb of Washington, with all the cherished memories of the past
gathering around me like so many eloquent voices of exhortation from
heaven, I can express no better hope for my country than that the kind
Providence which smiled upon our fathers may enable their children to
preserve the blessings they have inherited.

March 4, 1853.

SPECIAL MESSAGES.

Washington, March 21, 1853.
To the Senate of the United States:

In answer to the resolution of the Senate of the 17th instant, respecting
certain propositions to Nicaragua and Costa Rica relative to the settlement
of the territorial controversies between the States and Governments bor-
dering on the river San Juan, I transmit a report from the Secretary' of
State and the documents by which it was accompanied,

FRANKLIN PIERCE.

To the Senate: Washington, March 21^ 1S53.

The eleventh article of the treaty with the Chickasaw Indians of the
20th Octol:)er, 1832, provides that certain moneys arising from the sales
of the lands ceded by that treaty shall be laid out under the direction of
the President of the United States, by and with the advice and consent
of the Senate, in such .safe and valuable stock as he may approve of, for
the benefit of the Chickasaw Nation.

The report of the Secretary of the Treasury of the 15th instant, here-
with transmitted, .shows that the sum of ^^58,100 .s i>er cent sUx'k, cre-
ated under the act of 3d March, 1843, now .stands on the lM)oks of the

204 Messages and Papers of the Presidents

Treasury in the name of the Secretary of the Treasury, as trustee for
the Chickasaw national fund. This stock, by the terms of its issue, is
redeemable on the ist July next, when interest thereon will cease. It
therefore becomes my duty to lay before the Senate the subject of rein-
vesting this amount under the same trust.

The second section of the act of nth September, 1841 (the first section
of which repeals the provisions of the act of 7th July, 1838, directing the
investment of the Sniithsonian fund in the stocks of the States), enacts
that ' ' all other funds held in trust by the United States, and the annual
interest accruing thereon, when not otherwise required by treaty, shall
in like manner be invested in stocks of the United States bearing a like
rate of interest. ' '

I submit to the Senate whether it will advise and consent that the
Secretary of the Treasury be authorized, under my direction, to rein-
vest the above-mentioned sum of $58,100 in stocks of the United States
under the same trust. FRANKI.IN PIERCE.

Washington, March 21, j8^j.
To the Senate of the United States:

In answer to the resolution of the Senate of the i8th of January last,
calling for further correspondence touching the revolution in France of
December, 1851, I transmit a report from the Secretary of State and the
documents by which it was accompanied.

FRANKLIN PIERCE.

Executive Chamber, March ^5, 1853.
To the Senate of the United States:

I nominate Mrs. Mary Berard to be deputy postmaster at "West
Point," N. Y. , the commissions for said office having exceeded $1,000
for the year ending the 30th June, 1852. Mrs. B. has held said office
since the 12th of May, 1848, under an appointment of the Post-Office
Department. FRANKI.IN PIERCE.

EXECUTIVE ORDERS.

Executive Office, March 2j, 1853.
Believing that the public interests involved in the erection of the
wings of the United States Capitol will be promoted by the exercise of a
general supervision and control of the whole work by a skillful and com-
petent officer of the Corps of Engineers or of the Topographical Corps,

Franklin Pierce 205

and as the ofi&cers of those corps are more immediately amenable to the
Secretary of War, I hereby direct that the jurisdiction heretofore exer-
cised over the said work by the Department of the Interior be trans-
ferred to the War Department, and request that the Secretary of War
will designate to the President a suitable officer to take charge of the

^^^^- FRANKLIN PIERCE.

BY THE PRESIDENT OF THE UNITED STATES.

Washington, April 20, 1853.

The President has, with deep sorrow, received information that the
Vice-President of the United States, William R. King, died on the i8th
instant at his residence in Alabama.

In testimony of respect for eminent station, exalted character, and,
higher and above all station, for a career of public service and devotion
to this Union which for duration and usefulness is almost without a par-
allel in the history of the Republic, the labors of the various Departments
will be suspended.

The Secretaries of War and Navy will issue orders that appropriate
military and naval honors be rendered to the memory of one to whom
such a tribute will not be formal, but heartfelt from a people the deceased
has so faithfully served.

The public offices will be closed to-morrow and badges of mourning be
placed on the Executive Mansion and all the Executive Departments at
Washington. FRANKLIN PIERCE.

General Orders, No. ii.

War Department,
Adjutant-General's Office,

Washingtoji, April 20, iS^j.

I. The following order announces to the Army the death of William
Rufus King, late Vice-President of the United States:

War Dep.\rtment,
Washifigton , April 20, /Sjj.
With deep sorrow the President announces to the Army the death
of William Rufus King, Vice-President of the United States, who died
on the evening of Monday, the i8th instant, at his residence in Dallas
County, Ala.

Called into the serv'ice of his country at a period in life when but few-
are prepared to enter upon its realities, his long career of public use-
fulness at home and abroad has always been honored by the jniblic

2o6 Messages and Papers of the Presidents

confidence, and was closed in the second office within the gift of the
people.

From sympathy with his relatives and the American people for their
loss and from respect for his distinguished public services, the President
directs that appropriate honors to his memory be paid by the Army.

JEFFERSON DAVIS,

Secretary of War.

II. On the day next succeeding the receipt of this order at each mili-
tary post the troops will be paraded at lo o'clock a. m. and this order
read to them.

The national flag will be displayed at half-staff.

At dawn of day thirteen guns will be fired. Commencing at 12 o'clock
m. seventeen minute guns will be fired and at the close of the day the
national salute of thirty-one guns.

The usual badge of mourning will be worn by officers of the Army and
the colors of the several regiments will be put in mourning for the period
of three months.

^y °^^^^^ S. COOPER,

A djutant- General.

[From the Daily National Intelligencer, April 21, 1853.]

Generai. Order.

Navy Department,

April 20, 1853.

With deep sorrow the President announces to the officers of the Navy
and Marine Corps the death of William Rufus King, Vice-President of
the United States, who died on the evening of Monday, the i8th instant,
at his residence in Alabama.

Called into the service of his country at a period of life when but few
are prepared to enter upon its realities, his long career of public useful-
ness at home and abroad has always been honored by the public con-
fidence, and was closed in the second office within the gift of the people.

From sympathy with his relatives and the American people for their
loss and from respect for his distinguished public services, the President
directs that appropriate honors be paid to his m^emory at each of the navy-
yards and naval stations and on board all the public vessels in commis-
sion on the day after this order is received by firing at dawn of day thir-
teen guns, at 12 o'clock m. seventeen minute guns, and at the close of
the day the national salute, by carrying their flags at half-mast one day,
and by the officers wearing crape on the left arm for three months.

J. C. DOBBIN,

Secretary of the Navy.

Franklin Pierce 207

FIRST ANNUAL MESSAGE.

Washington, D. C, December 5, 1853.
Fellow- Citizens of the Senate and of the Hoicse of Representatives:

The interest with which the people of the Repubhc anticipate the as-
sembhng of Congress and the fulfillment on that occasion of the duty
imposed upon a new President is one of the best evidences of their ca-
pacity to realize the hopes of the founders of a political system at once
complex and symmetrical. While the different branches of the Govern-
ment 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 respon-
sibility which all official functions imply.

Upon the justice and intelligence of the masses, in a 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 encroachments of power on the one hand and the assaults of per-
sonal ambition on the other.

The interest of which I have spoken is inseparable from 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 resul'ting from a sudden extension of the field of
enterprise, by the spirit with which that field has been entered and the
amazing energy with which its resources for meeting the demands of
humanity have been developed.

Although disease, assuming at one time the characteristics of a wide-
spread and devastating pestilence, has left its sad traces upon some jwr-
tions of our country, we have still the most abundant cause for reverent
thankfulness to God for an accumulation of signal mercies showered \\\yo\\
us as a nation. It is well that a consciousness of rapid advancement and
increasing strength be 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 principle of absolute religious
toleration proclaimed in our fundamental law, and rejoicing in the benign
influence which it has exerted upon our social and political condition, I
should .shrink from a clear duty did I fail to express my deepest convic-
tion that we can place no secure reliance upon any apparent progress if
it be not sustained by national integrity, resting upon the great truths
affirmed and illustrated by divine revelation. In the niid.st of our .sorrow
for the afflicted and suffering, it has been consoling to see how i)roinptly

2o8 Messages and Papers of the Presidents

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 this Union, when dan-
ger threatens from abroad or calamity impends over us at home.

Our diplomatic relations with foreign powers have undergone no essen-
tial change since the adjournment of the last Congress. With some of
them questions of a disturbing character are still pending, but there are
good reasons to believe that these may all be amicably adjusted.

For some years past Great Britain has so construed the first article of
the convention of the 20th of April, 18 18, in regard to the fisheries 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 ac-
quiesced 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 18 18, and to regu-
late trade between the United States and the British North American
Provinces, a negotiation has been opened with a fair prospect of a favor-
able result. To protect our fishermen in the enjoyment of their rights
and prevent collision between them and British fishermen, I deemed it ex-
pedient to station a naval force in that quarter during the fishing season.

Embarrassing questions have also arisen between the two Govern-
ments in regard to Central America. Great Britain has proposed to
settle them by an amicable arrangement, and our minister at London
is instructed to enter 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 8th of February last, is now sitting in Lon-
don 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 designated
in the convention of the 15th of June, 1846, and especially that part
which separates the Territory of Washington from the British posses-
sions on the north, should be traced and marked. I therefore present
the subject to your notice.

With France our relations continue on the most friendly footing. The
extensive commerce between the United States and that country might,
it is conceived, be released from some unnecessary restrictions to the mu-
tual advantage of both parties. With a view to this object, some prog-
ress has been made in negotiating a treaty of commerce and navigation.

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 Porto Rico. I am happy to announce that since
the last Congress no attempts have been made by unauthorized expedi-

Franklin Pierce 209

tions within the United States against either of those colonies. Should
any movement be manifested within our limits, all the means at my com-
mand will be vigorously exerted to repress it. Several annoying occur-
rences have taken place at Havana, or in the vicinity of the island of
Cuba, between our citizens and the Spanish authorities. Considering
the proximity of that island to our shores, lying, as it does, in the track
of trade between some of our principal cities, and the suspicious vigi-
lance with which foreign intercourse, particularly that with the United
States, is there guarded, a repetition of such occurrences may well be
apprehended.

As no diplomatic intercourse is allowed between our consul at Havana
and the Captain- General of Cuba, ready explanations can not be made or
prompt redress afforded where injury has resulted. All complaint on
the part of our citizens under the present arrangement must be, in the
first place, presented to this Government and then referred to Spain.
Spain again refers it to her local authorities in Cuba for investigation,
and postpones an answer till she has heard from those authorities. To
avoid these irritating and vexatious delays, a proposition has been made
to provide for a direct appeal for redress to the Captain- General by our
consul in behalf of our injured fellow-citizens. Hitherto the Govern-
ment of Spain has declined to enter into any such arrangement. This
course on her part is deeply regretted, for without some arrangement of
this kind the good understanding between the two countries may l)e
exposed to occasional interruption. Our minister at Madrid is instructed
to renew the proposition and to press it again upon the consideration of
Her Catholic Majesty's Government.

For several years Spain has been calling the attention of this Gov-
ernment to a claim for lo.sses by some of her subjects in the case of
the schooner Amistad. This claim is believed to rest on the obligations
impo.sed by our existing treaty with that country. Its justice was ad-
mitted in our diplomatic correspondence with the Spanish Govennnent
as early as March, 1847, and one of my predecessors, in his amnial mes-
sage of that year, recommended that provision should be made for its
payment. In January last it was again submitted to Congress by the
Executive. It has received a favorable consideration by committees of
both branches, but as yet there has been no final action upon it. I con-
ceive that good faith requires its prompt adjustment, and I present it to
your early and favorable consideration.

Martin Koszta, a Hungarian by birth, came to this country in 1.H50,
and declared his intention in due form of law to become a citizen of the
United States. After remaining here nearly two years he visited Tur-
key. While at vSniyrna he was forcibly seized, taken on lK)ar(l an .\uslrian
brig of war then lying in the harlxjr of that place, and tliere confined in
irons, with the avowed design to take him into the dominions of Austria.
Our consul at Smyrna and legation at Constantinople interix)sed for his
M P — VOL V— 14

2IO Messages and Papers of the Presidents

release, but their efforts were ineffectual. While thus in prison Com-
mander Ingraham, 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 protection of this
Government, and took energetic and prompt measures for his release.
Under an arrangement between the agents of the United States and of
Austria, he was transferred to the custody of the French consul-general
at Smyrna, there to remain until he should be disposed of by the mutual
agreement of the consuls of the respective Governments at that place.
Pursuant to that agreement, he has been released, and is now in the United
States. The Emperor of Austria has made the conduct of our officers
who took part in this transaction a subject of grave complaint. Regard-
ing Koszta as still his subject, and claiming 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 disavowal of the acts of its
agents, and satisfaction for the alleged outrage. After a careful consid-
eration of the case I came to the conclusion that Koszta was seized
without legal authority at Smyrna; that he was wrongfully detained on
board of the Austrian brig of war; that at the time of his seizure he
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 demands of the Emperor of Austria has been declined.

For a more full account of this transaction and my views in regard to
it I refer to the correspondence between the charge d'affaires of Austria
and the Secretary of State, which is herewith transmitted. The prin-
ciples and policy therein maintained on the part of the United States
will, whenever a proper occasion occurs, be applied and enforced.

The condition of China at this time renders it probable that some im-
portant 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 himself of all occasions
to open and extend our commercial relations, not only with the Empire
of China, but with other Asiatic nations.

In 1852 an expedition was sent to Japan, under the command of Com-
modore Perry, for the purpose of opening commercial intercourse with
that Empire. Intelligence has been received 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 country to a com-
mercial intercourse with the United States.

It has been my 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 boundary line between our Territory of New Mexico and the

Franklin Pierce 2ii

Mexican State of Chihuahua. A former commissioner of the United
States, employed in running that Hne pursuant to the treaty of Guada-
lupe Hidalgo, made a serious mistake 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 appointed on the part of the
United States, whose concurrence was necessary to give validit}' to that
decision, this Government is not concluded thereby; but that of Mexico
takes a different view of the subject.

There are also other questions of considerable magnitude pending be-
tween the two Republics. Our minister in Mexico has ample instruc-
tions to adjust them. Negotiations have been opened, but sufficient
progress has not been made therein to enable rne to speak of the prob-
able result. Impressed with the importance of maintaining amicable
relations with that Republic and of yielding with liberality to all her
just claims, it is reasonable to expect that an arrangement mutually sat-
isfactor>' to both countries may be concluded and a 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 (Nicaragua), 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 dissensions which prevail among
them, and in establishing still more intimate and friendly relations be-
tween them respectively and between each of them and the United States.

Con.sidering the vast regions of this continent and the luimber 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 restricted 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 mini.ster to that coun-
try is instructed to obtain a relaxation of that policy and to use his
efforts to induce the Brazilian Government to open to common use, under
proper safeguards, this great natural highway for international trade.
Several of the South American States are deeply interested in this at-
tempt to .secure the free navigation of the Amazon, and it is rea.sonable
to expect their cooperation in the measure. As the advantages of free
commercial intercourse among nations are better understood, more liljeral
views are generally entertained as to the connnon rights of all to the free
use of those means which nature has provided for international cotnnui-
nication. To these more liberal and enlightened views it is ho^jed that
Brazil will conform her policy and remove all unnecessary rcstrictitms
upon the free use of a river which traverses so many states and so large
a part of the continent. I am happy to inform you that the Republic of

212 Messages and Papers of the Presidents

Paraguay and the Argentine Confederation have yielded to the Hberal
policy still resisted by Brazil in regard to the navigable rivers within
their respective territories. Treaties embracing this subject, among
others, have been negotiated with these Governments, which will be sub-
mitted to the Senate at the present session.

A new branch of commerce, important to the agricultural interests of
the United States, has within a few years past been opened with Peru.
Notwithstanding the inexhaustible deposits of guano upon the islands
of that country', 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 article. Unfortunately^
there has been a serious collision between our citizens who have resorted
to the Chincha Islands for it and the Peruvian authorities stationed there.
Redress for the outrages committed by the latter was promptly demanded
by our minister at lyima. This subject is now under consideration, and
there is reason to believe that Peru is disposed to offer adequate indem-
nity to the aggrieved parties.

We are thus not only at peace with all foreign countries, but, in regard
to political affairs, are exempt from any cause of serious disquietude in
our domestic relations.

The controversies which have agitated the country heretofore are pass-
ing away with the causes which produced them and the passions which
they had awakened; or, if any trace of them remains, it may be reason-
ably hoped that it will only be perceived in the zealous rivalry of all good
citizens to testify their respect for the rights of the States, their devotion
to the Union, and their common determination that each one of the States,
its institutions, its welfare, and its domestic peace, shall be held alike
secure under the sacred aegis of the Constitution.

This new league of amity and of mutual confidence and support into
which the people of the Republic have entered happily affords induce-
ment and opportunit)' for the adoption of a more comprehensive and
unembarrassed line of policy and action as to the great material interests
of the country, whether regarded in themselves or in connection with the
powers of the civilized world.

The United States have continued gradually and steadily to expand
through acquisitions of territory, which, how much soever some of them
may have been questioned, are now universally seen and admitted to
have been wise in policy, just in character, and a great element in the
advancement of our country, and with it of the human race, in freedom,
in prosperity, 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 responsibility which the present
magnitude of the Republic and the diversity and multiplicity of its inter-
ests devolves upon me, the alleviation of which, so far as relates to the

Franklin Pierce 213

immediate conduct of the public business, is, first, in my reliance on the
wisdom and patriotism of the two Houses of Congress, and, secondly, in
the directions afforded me by the principles of public polity affirmed by
our fathers of the epoch of 1798, sanctioned by long experience, and con-
secrated anew by the overwhelming voice of the people of the United
States.

Recurring to these principles, which constitute the organic basis of
union, we perceive that vast as are the functions and the duties of the
Federal Government, vested in or intrusted to its three great depart-
ments— the legislative, executive, and judicial — yet the substantive
power, the popular force, and the large capacities for social and material
development 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 Gov-
ernment has its appropriate line of action in the specific and limited
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 great mass of interests
which belong to cultivated men — the ordinary business of life, the springs
of industry, all the diversified personal and domestic affairs of society —
rest securely upon the general reserv^ed powers of the people of the sev-
eral States. There is the effective democracy of the nation, and there
the vital essence of its being and its greatness.

Of the practical consequences which flow from the nature of the Fed-
eral Government, the primary one is the duty of administering with
integrity and fidelity the high trust reposed in it by the Constitution,
especially in the application of the public funds as drawn by taxation from
the people and appropriated to specific objects by Congress.

Happily, I have no occasion to suggest any radical changes in the finan-
cial policy of the Government. Ours is almost, if not absolutely, the
solitary power of Christendom having a surplus revenue drawn immedi-
ately from imposts on commerce, and therefore measured by the spon-
taneous enterprise and national prosperity of the country, with such
indirect relation to agriculture, manufactures, and the products of the
earth and sea as to violate no constitutional doctrine and yet vigorously
promote the general welfare. Neither as to the sources of the public
trea.sure nor as to the manner of keeping and managing it does any
grave controversy now prevail, there l^eing a general acquiescence in the
wi.sdom of the present .system.

The report of the Secretary of the Treasury will exhibit in detail the
state of the public finances and the condition of the various branches of
the public service admini.stered by that Department of the (Government.

The revenue of the coinitry, levied almost insen.sibly to the taxjKiycr.
goes on from year to year, increa.sing beyond either the interests or the
prospective wants of the Government.

214 Messages and Papers of the Presidents

At the close of the fiscal year ending June 30, 1852, there remained in
the Treasury a balance of $14,632,136. The public revenue for the fis-
cal year ending June 30, 1853, amounted to $58,931,865 from customs
and to $2,405,708 from public lands and other miscellaneous sources,
amounting together to $61,337,574, while the public expenditures for
the same period, exclusive of payments on account of the public debt,
amounted to $43,554,262, leaving a balance of $32,425,447 of receipts
above expenditures.

This fact of increasing surplus in the Treasury became the subject
of anxious consideration at a very early period of my Administration,
and the path of duty in regard to it seemed to me obvious and clear,
namely: First, to apply the surplus revenue to the discharge of the pub-
lic debt so far as it could judiciously be done, and, secondly, to devise
means for the gradual reduction of the revenue to the standard of the
public exigencies.

Of these objects the first has been in the course of accomplishment in
a manner and to a degree highly satisfactory. The amount of the public
debt of all classes was on the 4th of March, 1853, $69,190,037, payments
on account of which have been made since that period to the amount of
$12,703,329, leaving unpaid and in continuous course of liquidation the
sum of $56,486, 708. These payments, although made at the market price
of the respective classes of stocks, have been effected readily 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 commercial 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 Secretary
of the Treasury, which is to reduce the duties on certain articles and to
add to the free list many articles now taxed, and especially such as enter
into manufactures and are not largely, or at all, produced in the country,
is commended to yoMX candid and careful consideration.

You will find in the report of the Secretary of the Treasury, also, abun-
dant proof of the entire adequacy of the present fiscal system to meet all
the requirements of the public service, and that, while properly admin-
istered, it operates to the advantage of the community in ordinary busi-
ness relations.

I respectfully ask your attention to sundry suggestions of improve-
ments in the settlement of accounts, especially as regards the large sums
of outstanding arrears due to the Government, and of other reforms in
the administrative action of his Department which are indicated by the
Secretary; as also to the progress made in the construction of marine
hospitals, custom-houses, and of a new mint in California and assay ofiice
in the city of New York, heretofore provided for by Congress, and also to
the eminently successful progress of the Coast Survey and of the lyight-
House Board.

Franklin Pierce 215

Among the objects meriting your attention will be important recom-
mendations from the Secretaries of War and Navy. I am fully satisfied
that the Navy of the United States is not in a condition of strength and
efficiency commensurate with the magnitude of our commercial and other
interests, and commend to your especial attention the suggestions on this
subject made by the Secretary of the Navy, I respectfully 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 modifica-
tion, 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 con-
tinent, the necessity of which will appear in the communications of the
Secretaries of War and the Interior.

In the administration of the Post-Office Department for the fiscal year
ending June 30, 1853, the gross expenditure was $7,982,756, and the
gross receipts during the same period $5,942,734, showing that the cur-
rent revenue failed to meet the current expenses of the Department by
the sum of $2,042,032. The causes which, under the present postal sys-
tem and laws, led inevitably to this result are fully explained by the
report of the Postmaster- General, one great cause being the enormous
rates the Department has been compelled to pay for mail service ren-
dered b)' railroad companies.

The exhibit in the report of the Postmaster- General of the income and
expenditures by mail steamers will be found peculiarly interesting and of
a character to demand the immediate action of Congress,

Numerous and flagrant frauds upon the Pension Bureau have been
brought to light within the last year, and in some instances merited
punishments inflicted; but, unfortunately, in others guilty parties have
escaped, not through the want of sufficient evidence to warrant a convic-
tion, but in consequence of the provisions of limitation in the existing
laws.

From the nature of these claims, the remoteness of the tribunals to
pass upon them, and the mode in which the proof is of necessity fur-
nished, temptations to crime have been greatly stimulated by the obvious
difficulties of detection. The defects in the law upon this subject are so
apparent and so fatal to the ends of justice that your early action relat-
ing to it is most desirable.

During the last fiscal year 9,819,41 1 acres of the public lands have been
surveyed and 10,363,891 acres brought into market. Within the same
period the sales by public purchase and private entry amounted to 1,083,-
495 acres; located under military bounty-land warrants, 6, 142,360 acres;
located under other certificates, 9,427 acres; ceded to the States as swamp
lands, 16,684,253 acres; selected for railroad and other objects under acts
of Congress, 1,427,457 acres; total amount of lands dis]X)sed of within
the fiscal year, 25,346,992 acres, which is an increase in quantity sold and

2i6 Messages and Papers of the Presidents

located under land warrants and grants of 12,231,818 acres over the fiscal
year immediately preceding. The quantity of land sold during the sec-
ond and third quarters of 1852 was 334,451 acres; the amount received
therefor was $623,687. The quantity sold the second and third quarters
of the year 1853 was 1,609,919 acres, and the amount received therefor
$2,226,876.

The whole number of land warrants issued under existing laws prior
to the 30th of September last was 266,042, of which there were outstand-
ing at that date 66,947. 1*1^^ quantity of land required to satisfy these
outstanding warrants is 4,778, 120 acres.

Warrants have been issued to 30th of September last under the act of
nth February, 1847, calling for 12,879,280 acres, under acts of Septem-
ber 28, 1850, and March 22, 1852, calling for 12,505,360 acres, making a
total of 25,384,640 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 perceive from the report of the Secretary of the Interior that
opinions which have often been expressed in relation to the operation of
the land system as not being a source of revenue to the Federal Treasury
were erroneous. The net profits from the sale of the public lands to June
30, 1853, amounted to the sum of $53,289,465.

I recommend the extension of the land system over the Territories of
Utah and New Mexico, with such modifications as their peculiarities may
require.

Regarding our public domain as chiefly valuable 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 an extension of the preemption principle in certain
cases, for reasons and on grounds which will be fully developed in the
reports to be laid before you.

Congress, representing the proprietors of the territorial domain and
charged especially with power to dispose of territorj^ belonging to the
United States, has for a long course of years, beginning with the Admin-
istration of Mr. Jefferson, exercised the power to construct roads within
the Territories, and there are so many and obvious distinctions between
this exercise of power and that of making roads within the States that
the former has never been considered subject to such objections as apply
to the latter; and such may now be considered the settled construction of
the power of the Federal Government upon the subject.

Numerous applications have been and no doubt will continue to be
made for grants of land in aid of the construction of railways. It is not
believed to be 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 prudent proprietor, and therefore that grants

Franklin Pierce 217

of land to aid in the construction of roads should be restricted to cases
where it would be for the interest of a proprietor under like circum-
stances thus to contribute to the construction of these works. For the
practical operation of such grants thus far in advancing the interests
of the States in which the works are located, and at the same time the
substantial interests of all the other States, by enhancing the value and
promoting the rapid sale of the public domain, I refer yoxx to the report
of the Secretary of the Interior. A careful examination, however, will
show that this experience is the result of a just discrimination and will be
far from affording encouragement to a reckless or indiscriminate exten-
sion of the principle.

I commend to your favorable consideration the men of genius of our
countr>' who by their inventions and discoveries in .science and arts have
contributed largely to the improvements of the age without, in many
instances, securing for themselves anything like an adequate reward.
For many interesting details upon this subject I refer yow to the appro-
priate reports, and especially urge upon j'our early attention the appar-
ently slight, but really important, modifications of existing laws therein
suggested.

The liberal spirit which has so long marked the action of Congress in
relation to the District of Columbia will, I have no doubt, continue to be
manifested.

The erection of an asylum for the insane of the District of Columbia
and of the Army and Navy of the United States has been .somewhat
retarded by the great demand for materials and labor during the past
summer, but full preparation for the reception of patients before 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 furni.shed within the last few 5" ears in
relation to the nature and treatment of the disea.se, that it will prove
an asylum indeed to this most helpless and afflicted class of suflferers
and stand as a noble monument of wisdom and mercy.

Under the acts of Congress of August 31, 1852, and of March 3, 1853,
designed to secure for the cities of Washington and Georgetown an abun-
dant supply of good and wholesome water, it became my duty to examine
the report and plans of the engineer who had charge of the surveys
under the act first named. The test, if not the only, plan calculated to
secure permanently the object sought was that which contemplates tak-
ing the water from the Great Falls of the Potomac, and consequently I
gave to it my approval.

For the progress and pre-sent condition of this important work and for
its demands so far as appropriations are concerned I refer you to the
report of the Secretar>' of War.

The present judicial sy.stem of the United vStatcs has now l)een in
operation for so long a jxiriod of time and has in its general theory and

2i8 Messages and Papers of the Presidents

much of its details become so familiar to the country and acquired so
entirely the public confidence that if modified in any respect it should
only be in those particulars which may adapt it to the increased extent,
population, 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, Iowa, Texas, and California, and districts of other States, are
in effect excluded from the full benefits of the general system by the
functions of the circuit court being devolved on the district judges in
all those States or parts of States.

The spirit of the Constitution and a due regard to justice require that
all the States of the Union should be placed on the same footing in
regard to the judicial tribunals. I therefore commend to your consid-
eration this important subject, which in my judgment demands the
speedy action of Congress. I will present to 3'ou, if deemed desirable,
a plan which I am prepared to recommend for the enlargement and mod-
ification of the present judicial system.

The act of Congress establishing the Smithsonian Institution provided
that the President of the United States and other persons therein desig-
nated should constitute an "establishment" by that name, and that the
members should hold stated and special meetings for the supervision of
the affairs 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
condition of the Institution and appreciating its successful progress thus
far and its high promise of great and general usefulness.

I have omitted to ask your favorable consideration for the estimates
of works of a local character in twenty-seven of the thirty- one States,
amounting to $1,754,500, because, independently of the grounds which
have so often been urged against the application of the Federal revenue
for works of this character, inequality, with consequent injustice, is in-
herent in the nature of the proposition, and because the plan has proved
entirely inadequate to the accomplishment of the objects sought.

The subject of internal improvements, claiming alike the interest and
good will of all, has, nevertheless, been the basis of much political discus-
sion and has stood as a deep-graven line of division between statesmen
of eminent ability and patriotism. The rule of strict construction of all
powers delegated by the States to the General Government has arrayed
itself from time to time against the rapid progress of expenditures from
the National Treasury on works of a local character within the States.
Memorable 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 projected appropriations in that year for works of this
character had risen to the alarming amount of more than $100,000,000.

Franklin Pierce 219

In that message the President admitted the difficult}^ of bringing back
the operations of the Government to the construction of the Constitution
set up in 1798, and marked it as an admonitory 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 compact between sovereign
States, uniting for specific objects and with specific grants to their gen-
eral 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
that the fact of a principle having been resisted from the first by many of
the wisest 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 earnest advocates, should suggest the
inquiry whether there may not be a plan likely to be crowned by happier
results. Without perceiving any sound distinction or intending to assert
any principle as opposed to improvements needed for the protection of
internal commerce which does not equally apply 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 set-
tled against appropriations by the General Government for local improve-
ments for the benefit of commerce, localities requiring expenditures would
not, by modes and means clearly legitimate and proper, raise the fund
necessary for such constructions 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 judgment as
to give it the character of a settled policy; which, though it has produced
some works of conceded importance, has been attended with an expendi-
ture quite disproportionate to their value and has resulted in squander-
ing large sums upon objects which have answered no valuable purpose,
the interests of all the States require it to be abandoned unless hopes
may be indulged for the future which find no warrant in the past.

With an anxious desire for the completion of the works which are re-
garded by all good citizens with sincere interest, I have deemed it my
duty to ask at your hands a deliljerate recon.sideration of the question,
with a hope that, animated by a desire to promote the permanent and sub-
stantial interests of the country, yoivr wisdom may prove efjual to the task
of devising and maturing a plan which, applied to this subject, may prom-
ise something better than constant strife, the susj^ension of the powers
of local enterjmse, the exciting of vain hoi)es, and the dis;ipix)intmcnt of
cherished exj)ectations.

In expending the appropriations made b\- the last Congress .several

220 Messages and Papers of the Presidents

cases have arisen in relation to works for the improvement of harbors
which involve questions as to the right of soil and jurisdiction, and have
threatened conflict between the authority of the State and General Gov-
ernments. The right to construct a breakwater, jetty, or dam would
seem necessarily 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
of a State except that conferred by the eighth section of the first article
of the Constitution. It is, then, submitted whether, in all cases where
constructions are to be erected by the General Government, the right of
soil should not first be obtained and legislative provision be made to
cover all such cases.

For the progress made in the construction of roads within the Territo-
ries, as provided for in the appropriations of the last Congress, I refer
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, can not fail to receive your early attention. I allude to the
means of communication by which different parts of the wide expanse
of our country are to be placed in closer connection for purposes both of
defense and commercial intercourse, and more especially such as apper-
tain to the communication of those great divisions of the Union which lie
on the opposite sides of the Rocky Mountains.

That the Government has not been unmindful of this heretofore is
apparent from the aid it has afforded through appropriations for mail
facilities and other purposes. But the general subject will now present
itself under aspects more imposing and more purely national by reason of
the surveys ordered by Congress, and now in the process of completion,
for communication by railway across the continent, and wholly within
the limits of the United States.

The power to declare war, to raise and support armies, to provide and
maintain a navy, and to call forth the militia to execute the laws, sup-
press insurrections, and repel invasions was conferred upon Congress
as means to provide for the common defense and to protect a territory
and a population now widespread and vastly multiplied. As incidental
to and indispensable for the exercise of this power, it must sometimes be
necessary to construct military roads and protect harbors of refuge. To
appropriations by Congress for such objects no sound objection can be
raised. Happily for our country, its peaceful policj^ and rapidly increas-
ing population impose upon us no urgent necessity for preparation, and
leave but few trackless deserts between assailable points and a patriotic
people ever ready and generally able to protect them. These necessary
links the enterprise and energy of our people are steadily and boldly strug-
gling to supply. All experience affirms that wherever private enterprise

Franklin Pierce 221

will avail it is most wise for the General Government to leave to that
and individual w^atchfuluess the location and execution of all means of
communication .

The surveys before alluded to were designed to ascertain the most
practicable and economical route for a railroad from the river Mississippi
to the Pacific Ocean. Parties are now in the field making explorations,
where previous examinations had not supplied sufficient data 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 will be obtained, but it is hoped that
much and important information will be added to the stock previously
possessed, and that partial, if not full, reports of the surveys ordered will
be received in time for transmission to the two Houses of Congress on or
before the first Monday in February next, as required by the act of ap-
propriation. The magnitude of the enterprise contemplated has aroused
and will doubtless continue to excite a very general interest throughout
the country. In its political, its commercial, and its military bearings
it has varied, great, and increasing claims to consideration. The heavy
expense, the great dela}', and, at times, fatality attending travel by either
of the Isthmus routes have demonstrated the advantage which would
result from interterritorial communication by such safe and rapid means
as a railroad would supph-.

These difficulties, which have been encountered in a period of peace,
would be magnified and still further increased in time of war. But whilst
the embarrassments already encountered and others under new contingen-
cies to be anticipated may serve strikingly to exhibit the importance of
such a work, neither these nor all considerations combined can have an
appreciable 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 interest of the Government
involved it would seem both expedient and proper if an economical and
practicable route shall be found to aid by all constitutional means in the
construction of a road which will unite by speedy transit the ix)jnilations
of the Pacific and Atlantic States. To guard against mi.sconception. it
should be remarked that although the power to construct or aid in the
construction of a road within the limits of a Territory is not embarra.ssed
by that question of jurisdiction which would ari.se within the limits of
a State, it is, nevertheless, held to be of doubtful power and more than
doubtful propriety, even within the limits of a Territory, for 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 be incidental rather than primary. I will
only add at present that, fully appreciating the magnitude of the sub-
ject and solicitous that the Atlantic and Pacific shores of the Republic
may be bound together by in.separable ties of common interest, as well

222 Messages and Papers of the Presidents

as of common fealty and attachment to the Union, I shall be disposed, so
far as my own action is concerned, to follow the lights of the Constitu-
tion as expounded and illustrated by those whose opinions and exposi-
tions constitute 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 no present urgent inducement promising pop-
ular favor will lead 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 progress. We
can afford to wait, but we can not afford to overlook the ark of our security.
It is no part of my purpose to give prominence to any subject which
may properly be regarded as set at rest by the deliberate judgment of the
people. But while the present is bright with promise and the future full
of demand and inducement for the exercise of active intelligence, the
past can never be without useful lessons of admonition and instruction.
If its dangers serve not as beacons, they will evidently fail to fulfill the
object of a wise design. When the grave shall have closed over all who
are now endeavoring to meet the obligations of duty, the year 1850 will
be recurred to as a period filled with anxious apprehension. A success-
ful war had just terminated. Peace brought with it a vast augmentation
of territory. Disturbing questions arose bearing upon the domestic insti-
tutions of one portion of the Confederacy and involving the constitutional
rights of the States. But notwithstanding differences of opinion and
sentiment which then existed in relation to details and specific provisions,
the acquiescence of distinguished citizens, whose devotion to the Union
can never be 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 suffer no shock during my official
term, if I have power to avert it, those who placed me here may be assured.
The wisdom of men who knew what independence cost, who had put all
at stake upon the issue of the Revolutionary struggle, disposed of the sub-
ject to which I refer in the only way consistent with the Union of these
States and with the march of power and prosperity which has made us
what we are. It is a significant fact that from the adoption of the Con-
stitution until 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 in public affairs, there was not merely a quiet
acquiescence in, but a prompt vindication of, the constitutional rights of
the States. The reserved powers were scrupulously respected. No
statesman put forth the narrow views of casuists to justify interference
and agitation, but the spirit of the compact was regarded as sacred in the
eye of honor and indispensable for the great experiment of civil liberty,
which, environed by inherent difficulties, was yet borne forward in appar-
ent weakness by a power superior to all obstacles. There is no condem-
nation which the voice of freedom will not pronounce upon us should we

Franklin Pierce 223

prove faithless to this great trust. While men inhabiting different parts
of this vast continent can no more be expected to hold the same opin-
ions or entertain the same sentiments than everj^ variety of climate or
soil can be expected to furnish the same agricultural products, they can
unite in a common object and sustain common principles essential to the
maintenance of that object. The gallant men of the South and the North
could stand together during the struggle of the Revolution; they could
stand together in the more trying period which succeeded the clangor of
arms. As their united valor was adequate to all the trials of the camp
and dangers of the field, so their united wisdom proved equal to the
greater task of founding upon a deep and broad basis institutions which
it has been our privilege to enjoy and will ever be our most sacred
duty to sustain. It is but the feeble expression of a faith strong and
universal to say that their sons, whose blood mingled so often upon the
same field during the War of 18 12 and who have more recently' borne
in triumph the flag of the country upon a foreign soil, will never permit
alienation of feeling to weaken the power of their united efforts nor
internal dissensions to paralyze the great arm of freedom, uplifted for
the vindication of self-government.

I have thus briefly presented such suggestions as seem to me especially
worthy of your consideration. In providing for the present 30U can
hardly fail to avail yourselves of the light which the experience of the
past casts upon the future.

The growth of our population has now brought us, in the destined
career of our national history, to a point at which it well behooves us to
expand our vision over the vast prospective.

The successive decennial returns of the census since the adoption of
the Constitution have revealed a law of steady, progressive development,
which may be stated in general terms as a duplication every quarter cen-
tury. Carried forward from the point already reached for only a short
period of time, as applicable to the existence of a nation, this law of prog-
ress, if unchecked, will bring us to almost incredible results. A large
allowance for a diminished proportional effect of emigration would not
ver>' materially reduce the estimate, while the increased average dura-
tion of human life known to have already resulted from the scientific
and hygienic improvements of the past fifty years will tend to keep up
through the next fifty, or perhaps hundred, the same ratio of growth
which has been thus revealed in our past progress; and to the influence
of these causes may l)e added the influx of laboring masses from eastern
Asia to the Pacific side of our ]X)ssessions, together with the probable
accession of the populations already existing in other parts of our hemi-
sphere, which within the jx-riod in question will feel with yearly increas-
ing force the natural attraction of so va.st, powerful, and prosix^rous a con-
federation of .self-governing republics and will seek the privilege of being
admitted within its safe and happy Ixjsom, transferring with themselves.

224 Messages and Papers of the Presidents

by a peaceful and healthy process of incorporation, spacious regions of
virgin and exuberant soil, which are destined to swarm with the fast-
growing and fast-spreading millions of our race.

These considerations seem fully to justify the presumption that the law
of population above stated will continue to act with undiminished effect
through at least the next half century, and that thousands of persons
who have already arrived at maturity and are now exercising the rights
of freemen will close their ej'es on the spectacle of more than 100,000,000
of population embraced within the majestic proportions of the Ameri-
can Union. It is not merely as an interesting topic of speculation that I
present these views for your consideration. They have important prac-
tical bearings upon all the political duties we are called upon to per-
form. Heretofore our system of government has worked on what may be
termed a miniature scale in comparison with the development which it
must thus assume within a future so near at hand as scarcely to be
beyond the present of the existing generation.

It is evident that a confederation so vast and so varied, both in num-
bers and in territorial extent, in habits and in interests, could only be
kept in national cohesion by the strictest fidelity to the principles of the
Constitution as understood by those who have adhered to the most
restricted construction of the powers granted by the people and the
States. Interpreted and applied according to those principles, the great
compact adapts itself with healthy ease and freedom to an unlimited
extension of that benign system of federative self-government of which
it is our glorious and, I trust, immortal charter. Let us, then, with
redoubled vigilance, be on our guard against yielding to the temptation
of the exercise of doubtful powers, even under the pressure of the motives
of conceded temporary advantage and apparent temporary expediency.

The minimum of Federal government compatible with the mainte-
nance of national unity and efficient action in our relations with the rest
of the world should afford the rule and measure of construction of our
powers under the general clauses of the Constitution. A spirit of strict
deference to the sovereign rights and dignity of every State, rather than
a disposition to subordinate the States into a provincial relation to the
central authority, should characterize all our exercise of the respective
powers temporarily vested in us as a sacred trust from the generous con-
fidence of our constituents.

In like manner, as a manifestly indispensable condition of the perpet-
uation of the Union and of the realization of that magnificent national
future adverted to, does the duty become yearly stronger and clearer
upon us, as citizens of the several States, to cultivate a fraternal and
affectionate spirit, language, and conduct in regard to other States
and in relation to the varied interests, institutions, and habits of senti-
ment and opinion which may respectively characterize them. Mutual
forbearance, respect; and noninterference in our personal action as citi-

Franklin Pierce 225

zens and an enlarged exercise of the most liberal principles of comity
in the public dealings of State with State, whether in legislation or in
the execution of laws, are the means to perpetuate that confidence and
fraternity the decay of which a mere political union, on so vast a scale,
could not long survdve.

In still another point of view is an important practical dut}' suggested
by this consideration of the magnitude of dimensions to which our po-
litical system, with its corresponding machinery of government, is so
rapidly expanding. With increased vigilance does it require us to cul-
tivate the cardinal virtues of public frugality and official integrity and
purity. Public affairs ought to be so conducted that a settled convic-
tion shall pervade the entire Union that nothing short of the highest
tone and standard of public morality marks every part of the administra-
tion and legislation of the General Government. Thus will the federal
system, whatever expansion time and progress may give it, continue more
and more deeply rooted in the love and confidence of the people.

That wise economy which is as far removed from parsimony as from
corrupt and corrupting extravagance; that single regard for the pub-
lic good which will frown upon all attempts to approach the Treasury
with insidious projects of private interest cloaked under public pretexts;
that sound fiscal administration which, in the legislative department,
guards against the dangerous temptations incident to overflowing reve-
nue, and, in the executive, maintains an unsleeping watchfulness against
the tendency of all national expenditure to extravagance, while they are
admitted elementary political duties, may, I trust, be deemed as properly
adverted to and urged in view of the more impressive sense of that neces-
sity which is directly suggested by the considerations now presented.

Since the adjournment of Congress the Vice-President of the United
States has pa.ssed from the scenes of earth, without having entered upon
the duties of the station to which he had been called by the voice of his
countr>'men. Having occupied almost continuously for more than thirty
years a seat in one or the other of the two Houses of Congress, and hav-
ing by his singular purity and wisdom secured unfunded confidence
and universal respect, his failing health was watched by the nation with
painful solicitude. His loss to the country, under all the circumstances,
has been justly regarded as irreparable.

In compliance with the act of Congress of March 2, 1S53, the oath of
office was administered to him on the 24th of that month at Ariadne
estate, near Matanzas, in the island of Cuba; but his strength gradually
declined, and was hardly .sufficient to enable him to return to his home
in Alabama, where, on the iSth day of April, in the most calm and jjcacc-
ful way, his long and eminently useful career was terminated.

Entertaining inilimited confidence in your intelligent antl patriotic
devotion to the public interest, and being conscious of no motives on
my part which are not in.SLparable from the honor and adxancenient
M P— VOL v— 15

226 Messages and Papers of the Presidents

of my country, I hope it may be my privilege to deserve and secure not
only your cordial cooperation in great public measures, but also those
relations of mutual confidence and regard which it is always so desirable
to cultivate between members of coordinate branches of the Government.

FRANKUN PIERCE.

SPECIAL MESSAGES.

Washington, December 12, 1853.
To the Senate of the United States:

In answer to the resolutions of the Senate of the 17th of August, 1852,
and 23d of February last, requesting a copy of correspondence relative
to the claim on the Government of Portugal in the case of the brig Gen-
eral ArmstroJig, I transmit a report from the Secretary of State, to whose
Department the resolutions were referred.

FRANKUN PIERCE.

Washington, December 12, 1853.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of friendship, commerce, and navigation between the United
States and Paraguay, concluded on the 4th of March last.

FRANKLIN PIERCE.

Washington, December 12, 1853.
To the Seriate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty for the free navigation of the rivers Parana and Uruguay
between the United States and the Argentine Confederation, concluded
on the loth of July last. FRANKEIN PIERCE.

Washington, December 12, 1853.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treat}" of friendship, commerce, and navigation between the United
States and the Argentine Confederation, concluded on the 27th of July

^^^^- FRANKEIN PIERCE.

Franklin Pierce 227

Washington, December 12, 1833.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention for the mutual extradition of fugitives from justice
in certain cases, concluded at London on the 12th day of September
last between the Government of the United States and the Kingdom of

^^^^"^- FRANKLIN PIERCE.

Washington, December ip, 1853.
To the Senate of the United States:

I transmit certain documents in answer to the resolution of the Senate
of the 6th of April ultimo, requesting information in regard to transac-
tions between Captain Hollins, of the Cya?ie, and the authorities at San
Juan de Nicaragua. . FRANKLIN PIERCE.

Washington, December 2j, 18^3.
To the Senate of the United States:

In answer to the resolution of the Senate of the i8th January, 1853, in
regard to the claims of American citizens against Hayti and to the cor-
respondence of the special agent sent to Hayti and St. Domingo in 1849,
I transmit a report from the Secretary of State and the documents by
which it is accompanied. FRANKLIN PIERCE.

Washington, December 31 , i8j^3.
To tJie Senate of the United States:

I transmit to the Senate a report from the Secretary of State, with
accompanying papers,* in answer to their resolution of the 12th instant.

FRANKLIN PIERCE.

Washington C\t\\ fanuary p, aS>/.
To the Senate of the United States:

I herewith communicate to the Senate a letter from the Secretary of
the Interior, accompanied by a reix)rt of the result of an investigation
of the charge of fraud and misconduct in office alleged against Alexan-
der Ram.sey, superintendent of Indian affairs in Minnesota, which I have
caused to Ixr made in compliance with the vSenate's resohition of the sth
of April last. FRAXKLIX PIKRCK.

•Correspondence relative to the treaty of Washington of July 4, i>S", Ixtwccn C.rcat Hritaiii and
the United States.

228 Messages and Papers of the Presidents

Washington, Jamiary p, 1854..
To the House of Representatives:

In answer to the resolution of the House of Representatives of the 3d
of Januar)^ 1854, I have the honor to transmit herewith a letter of the
Secretary of the Navy and the papers* accompanying it.

FRANKLIN PIERCE.

Washington, ya;^^mr^' /p, 1854.
To the House of Representatives:

I transmit herewith a report from the Secretary of State, with accom-
panying documents,! in compliance with the resolution of the House of
Representatives of the 3d instant. FRANKLIN PIERCE

Washington, y<a!«//«;3/ 23, 1854..
To the Senate and House of Representatives:

I transmit to Congress a report of the Secretary of State, together with
the set of works illustrative of the exhibition in London of 185 1 to which
it refers, in order that such disposal may be made of them as may be
deemed advisable. FRANKLIN PIERCE.

Washington, fanuary 2^, 1854.
To the Senate of the United States:

I transmit herewith a report from the Secretary of State, with accom-
panying documents,;}: in compliance with a resolution of the Senate of the
23d instant. FRANKLIN PIERCE.

Washington, Februa?y 2, 1854.
To the House of Represe?itatives:

I transmit herewith a report from the Secretary of State, with accom-
panying documents, § in compliance with the resolution of the House of
Representatives of the 30th ultimo. FRANKLIN PIERCE

♦Correspondence with and orders to commanders of vessels or squadrons on the Atlantic coast
of British North America relative to protecting the rights of fishing and navigation secured to citi-
zens of the United States under treaties with Great Britain.

fRelating to seizure and imprisonment by Spanish authorities at Puerto Rico of officers and crew
of schooner North Carolina.

J Relating to a complimentarj* mission to the United States of Archbishop Gaetano Bedini, apos-
tolic ntmcio to the Empire of Brazil, for the purpose of conveying, in the name of Pope Pius IX,
sentiments of regard for the President of the United States.

g Correspondence with the American charge to Austria relative to the claim of Simon Tousig to
the protection of the United States.

Franklin Pierce 229

Executive Office, February /, 185^.
To the Senate of the United States:

I submit to the Senate herewith, for their constitutional action thereon,
a treaty negotiated on the 27th of July, 1853, by Agent Thomas Fitz-
patrick, on behalf of the United States, with the Comanche, Kiowa, and
Apache Indians inhabiting the territor>' on the Arkansas River.

FRANKUN PIERCE.

Executive Office, Febrna?'y 4, 18^4.
To the Senate of the United States:

I submit to the Senate herewith, for their constitutional action thereon,
two treaties, one negotiated on the loth day of September, 1853, ^^Y
Superintendent Joel Palmer and Agent Samuel H. Culver, on the part
of the United States, and the chiefs and headmen of the bands of the
Rogue River tribe of Indians in Oregon; the other negotiated on the 19th
of the same month, on behalf of the Government by the said superin-
tendent, with the chiefs of the Crow Creek band of Umpqua Indians in
said Territory. FRANKLIN PIERCE.

Washington, February 6, rS^^.
To the House of Representatives:

I transmit a report from the Secretary of State upon the subject of the
resolution* of the House of Representatives of the 14th of December
last, and recommend that the appropriation therein suggested as being
necessary to enable him to comply with the resolution l)e made.

FRANKUN PIERCE.

Washington, February 10, /8J4.
To the Seriate and House of Representatives:

I herewith transmit a connnunication from the Secretary of the Navy,
accompanied by the second part of Lieutenant Herndon's report of Ihc
exploration of the valley of the Amazon and its tributaries, made l)y him
in connection with Lieutenant Lardner (iiblM)n under instructions from
the Navy Department. FRANKLIN PIIvRCI-:.

Washington, l-\bruary /o, /8/^/.
To the Senate of the United States:

I transmit to the vSenate, for its consideration with a \icw to ratifi-
cation, a treaty between the United States and the Mexican Rti)nhlic.
signed by the plenipotentiaries of the ])arties in the Cit\- of Mexico on

* Requesting a statcineiit of tlic privili-KCS and restrictions of the coninicrrinl intcn-oiirsc of the
fnitcd States with foreign nations and a comparative statement between the tariff of tlie I'nited
States and other nations.

230 Messages and Papers of the Presidents

the 30th of December last. Certain amendments are proposed to the
instrument, as hereinafter specified, viz:

In order to make the duties and obhgations stipulated in the second
article reciprocal, it is proposed to add to that article the following:

And the Government of Mexico agrees that the stipulations contained in this arti-
cle to be performed by the United States shall be reciprocal, and Mexico shall be
under like obligations to the United States and the citizens thereof as those herein-
above imposed on the latter in favor of the Republic of Mexico and Mexican citizens.

It is also recommended that for the third article of the original treaty
the following shall be adopted as a substitute:

In consideration of the grants received by the United States and the obligations
relinquished by the Mexican Republic pursuant to this treaty, the former agree to
pay to the latter the sum of $15,000,000 in gold or silver coin at the Treasury at
Washington, one-fifth of the amount on the exchange of ratifications of the present
treaty at Washington and the remaining four-fifths in monthly installments of three
millions each, with interest at the rate of 6 per cent per annum until the whole be
paid, the Government of the United States reserving the right to pay up the whole
sum of fifteen millions at an earlier date, as may be to it convenient.

The United States also agree to assume all the claims of their citizens against the
Mexican Republic which may have arisen under treaty or the law of nations since the
date of the signature of the treaty of Guadalupe, and the Mexican Republic agrees to
exonerate the United States of America from all claims of Mexico or Mexican citizens
which may have arisen under treaty or the law of nations since the date of the treat)'
of Guadalupe, so that each Government, in the most formal and effective manner,
shall be exempted and exonerated of all such obligations to each other respectivel)\

I also recommend that the eighth article be modified by striking out
all after the word ' * attempts ' ' in the twenty- third line of that article.
The part to be omitted is as follows:

They mutually and especially obligate themselves, in all cases of such lawless enter-
prises which may not have been prevented through the civil authorities before for-
mation, to aid with the naval and military forces, on due notice being given by the
aggrieved party of the aggressions of the citizens and subjects of the other, so that
the lawless adventurers may be piirsued and overtaken on the high seas, their ele-
ments of war destroyed, and the deluded captives held responsible in their persons
and meet with the merited retribution inflicted by the laws of nations against all such
disturbers of the peace and happiness of contiguous and friendly powers. It being
understood that in all cases of successful pursuit and capture the delinquents so cap-
tured shall be judged and punished by the government of that nation to which the
vessel capturing them may belong, conformably to the laws of each nation.

At the close of the instrument it will also be advisable to substitute
"seventy-eighth" for "seventy-seventh" year of the Independence of
the United States. FRANKLIN PIERCE.

Washington, February ij, 1854.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, an additional article to the convention for the establishment of

Franklin Pierce 231

international copyright, which was concluded at Washington on the
17th of February, 1853, between the United States of America and Her
Britannic Majesty, extending the time limited in that convention for the
exchange of the ratifications of the same.

FRANKI.IN PIERCE.

Washington, February 2j, 18S4..
To the Senate of the United States:

I communicate herewith a report from the Secretary of State and the
documents* therein referred to, in compliance with the resolution of
the Senate of the 13th instant. FRANKLIN PIERCE

Washington, March 7, 1854.
To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, with
accompanying documents,! in compliance with their resolution of the 2d

"^^^"^^- FRANKLIN PIERCE.

Washington, March /, 18^4.
To the House of Representatives:

In accordance with the resolution of the House of Representatives of
the 13th instant, requesting information respecting negotiations with Peru
for the removal of restrictions upon the exportation of guano, I transmit
herewith a report from the Secretary of State, with the correspondence
therein referred to. FRANKLIN PIERCE.

Washington, March /, 1834.
To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives of
the 23d January last, "that the President of the United States be respect-
fully requested to furnish this House with copies of all contracts made
by and correspondence subsequently with the Chief of the Bureau of
Topographical Engineers for furnishing materials of wood and stone for
improving the harlx)rs and rivers on Lake Michigan, under and by virtue
of the act making appropriations for the improvement of certain har-
bors and rivers," approved August 30, 1852, I transmit a letter of the
Secretary of War submitting a report of tlie Colonel of Toixigraphical
Engineers inclosing copies of the contracts and correspondence called for.

FRANKLIN PIERCE.

♦Relating to the repair of the United States friRatc Susqufhanna at Rio de Janeiro,
t Communications from the Anierican legation at Constantinople rcspeclinjj the seizure of Martin
Koszta by Austrian authorities at Smyrna.

232 Messages and Papers of the Presidents

Washington, March i, iSj^^..
To the Senate of the United States:

In answer to the resolution of the Senate of the 7th of December last,
requesting me to present to the Senate the plan referred to in my annual
message to Congress, and recommended therein, for the enlargement and
modification of the present judicial system of the United States, I trans-
mit a report from the Attorney-General, to whom the resolution was
referred. FRANKLIN PIERCE.

Washington, March i, 1854..
To the House of Representatives:

I transmit herewith a report of the Attorney -General, in answer to the
resolutions of the House of the 2 2d of December, requesting me to com-
municate to the House the plan for the modification and enlargement of
the judicial SN^stem of the United States, recommended in my annual
message to Congress. FRANKLIN PIERCE.

Washington, March 7, 1854..
To the Senate of the United States:

I transmit herewith a report from the Secretary of State and the
documents* therein referred to, in answer to the resolution of the Senate
of the 26th March, 1853. FRANKLIN PIERCE.

Washington, March 7, 1834.
To the Seyiate of tlie United States:

I transmit herewith a report from the Secretary of State and the docu-
ments f therein referred to, in answer to the resolution of the Senate in
executive session of the 3d January, 1854.

FRANKLIN PIERCE.

Washington, March 11, 1854.
To the Senate of the United States:

I transmit herewith to the Senate a report of the Secretary of State,
w'ith accompanying documents, ;|: in compliance with their resolution of
the 9th of March, 1853. FRANKLIN PIERCE.

♦Correspondence with R. C. Schenck, United States minister to Brazil, relative to the African
slave trade.

t Correspondence v/ith the Mexican Republic touching the eleventh article of the treaty of
Guadalupe Hidalgo, and copies of instructions on that subject to the United States minister to
Mexico.

X Correspondence relative to the imprisonment, etc., of James H. West in the island of Cuba.

Franklin Pierce 233

Washington, March 14, 18^4.
To the Senate of the United States:

In transmitting to the Senate the report of the Secretary of State,
together with the documents therein referred to, being the correspond-
ence called for by the resolution of that body of the 9th of January- last,
I deem it proper to state briefly the reasons which have deterred me from
sending to the Senate for ratification the proposed convention between
the United States of America and the United Mexican States, concluded
by the respective plenipotentiaries of the two Governments on the 21st
day of March, 1853, on the subject of a transit way across the Isthmus
of Tehuantepec.

Without adverting to the want of authority on the part of the Amer-
ican minister to conclude any such convention, or to the action of this
Government in relation to the rights of certain of its citizens under the
grant for a like object originally made to Jose Gara}-, the objections to
it upon its face are numerous, and should, in my judgment, be regarded
as conclusive.

Prominent among these objections is the fact that the convention binds
us to a foreign Government, to guarantee the contract of a private com-
pany with that Government for the construction of the contemplated
transit way, "to protect the persons engaged and property employed in
the construction of the said work from the commencement thereof to its
completion against all confiscation, spoliation, or violence of whatsoever
nature," and to guarantee the entire security of the capital invested
therein during the continuance of the contract. Such is the substance
of the second and third articles.

Hence it will be perceived that the obligations which this Government
is asked to assume are not to terminate in a few years, or even with the
present generation.

And again: "If the regulations which may be prescribed concerning
the traffic on said transit way shall be clearly contrary to the spirit and
intention of this convention," even then this Government is not to be at
liberty to withdraw its "protection and guaranty" without first giving
one year's notice to the Mexican Government.

When the fact is duly considered that the responsibility of this Gov-
ernment is thus pledged for a long series of years to the interests of a
private company established for purpo.ses of internal improvement in a
foreign country, and that country peculiarly subject to civil wars and
other public vici.s.situdes, it will l)e .seen how comprehensive and embar-
ras.sing would Ix; those engagements to the (Government of the United
States.

Not le.ss important than this objection is the consideration that the
United States can not agree to the terms of this convention without dis
regarding the provi.sions of the eighth article of the convention whicli
this Government entered into with (»reat Britain on April 19, 1.S50,

234 Messages and Papers of the Presidents

which expressly includes any interoceanic communication whatever by
the Isthmus of Tehuantepec. However inconvenient may be the condi-
tions of that convention, still thej' exist, and the obligations of good faith
rest alike upon the United States and Great Britain.

Without enlarging upon these and other questionable features of the
proposed convention which will suggest themselves to your minds, I
will only add that after the most careful consideration I have deemed it
my duty not to ask for its ratification by the Senate.

FRANKIvIN PIERCE.

Washington, March 75, 185^.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the loth instant, I herewith transmit a report of the Secretary of State,
containing all the information received at the Department in relation to
the seizure of the Black Warrior at Havana on the 28th ultimo.

There have been in the course of a few years past many other instances
of aggression upon our commerce, violations of the rights of American
citizens, and insults to the national flag by the Spanish authorities in
Cuba, and all attempts to obtain redress have led to protracted, and as
yet fruitless, negotiations.

The documents in these cases are voluminous, and when prepared will
be sent to Congress.

Those now transmitted relate exclusively to the seizure of the Black
Warrior, and present so clear a case of wrong that it would be reasonable
to expect full indemnity therefor as soon as this unjustifiable and offensive
conduct shall be made known to Her Catholic Majesty's Government; but
similar expectations in other cases have not been realized.

The offending party is at our doors with large powers for aggression,
but none, it is alleged, for reparation. The source of redress is in another
hemisphere, and the answers to our just complaints made to the home Gov-
ernment are but the repetition of excuses rendered by inferior officials to
their superiors in reply to representations of misconduct. The peculiar
situation of the parties has undoubtedly much aggravated the annoyances
and injuries which our citizens have suffered from the Cuban authorities,
and Spain does not seem to appreciate to its full extent her responsibility
for the conduct of these authorities. In giving ver>" extraordinary powers
to them she owes it to justice and to her friendly relations with this Gov-
ernment to guard with great vigilance against the exorbitant exercise of
these powers, and in case of injuries to provide for prompt redress.

I have already taken measures to present to the Government of Spain
the wanton injury of the Cuban authorities in the detention and seizure
of the Black Warrior, and to demand immediate indemnity for the injury
which has thereby resulted to our citizens.

Franklin Pierce 235

In view of the position of the island of Cuba, its proximity to our
coast, the relations which it must ever bear to our commercial and other
interests, it is vain to expect that a series of unfriendly acts infringing
our commercial rights and the adoption of a policy threatening the honor
and security of these States can long consist with peaceful relations.

In case the measures taken for amicable adjustment of our difficulties
with Spain should, unfortunately, fail, I shall not hesitate to use the
authority and means which Congress may grant to insure the observ^ance
of our just rights, to obtain redress for injuries received, and to vindi-
cate the honor of our flag.

In anticipation of that contingency, which I earnestly hope may not
arise, I suggest to Congress the propriety of adopting such pro\nsional
measures as the exigency may seem to demand.

FRANKLIN PIERCE.

Executi\t; Office,
Washington, March ij, 18^4..
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action,
two treaties recently negotiated by the Commissioner of Indian Affairs,
as commissioner on the part of the United States, with the delegates now
at the seat of Government representing the confederated tril)es of Otoes
and Missourias and the Omaha Indians, for the extinguishment of their
titles to lands west of the Missouri River.

FRANKLIN PIERCE.

ExEcuTi\'E Office,

TT T T> Washington, March 18, 18=^1.

Hon. Linn Boyd, 6 > ^ ji-

Speaker of the House of Representatives.

Sir: I transmit to you herewith a report of the present date from the

Secretary of the Interior, accompanied by a tabular statement containing

the information* called for by resolution of the House of Representatives

adopted the 13th ultimo. FRANKLIN PIERCE.

\V.\SHiNcn\)N, March 21 , 18^4.
To t/ie Seriate of the I'nitcd States:

In answer to the resolution of the Senate of the 15th instant, adopted
in executive ses.sion, I transmit confidentially a report from the vSecrctary
of State and the documents t by which it was accompanied. Pursuant

♦Area of each State and Territon,-; extent of the public domain reniaininn in eacli State and Ter-
ritory, and the extent alienated by sales, grants, etc.

t Instructions and correspondence relative to the negotiation of the treaty with Mexico of Decem-
ber 30, 1853, etc.

236 Messages and Papej's of the Presidents

to the suggestion in the report, it is desirable that such of the papers as
may be originals should be returned to the Department of State.

FRANKI.IN PIERCE.

Executive Office, March 2^, 1854..
Hon. L,iNN Boyd,

Speaker of the House of Representatives:

I communicate to the House of Representatives herewith a report from
the Secretary of the Interior, dated the 24th instant, containing so much
of the information called for by the resolution of the 17th instant as it is
practicable or compatible with the public interest to furnish at the pres-
ent time, respecting the proceedings which have been had and negotia-
tions entered into for the extinguishment of the Indian titles to lands
west of the States of Missouri and Iowa.

FRANKLIN PIERCE.

Washington, March 2g, 1854..
To the Serrate of tlie United States:

In answer to the resolution of the Senate of the 21st instant, adopted
in executive session, relative to the claims of the Mexican Government
and of citizens of the Mexican Republic on this Government, and of citi-
zens of the United States on the Government of that Republic, I trans-
mit a report from the Secretary of State, to whom the resolution was
referred. FRANKLIN PIERCE.

Washington, March 31, 18^4.
To the Seriate of the United States:

In answer to the resolution of the Senate of the 13th instant, request-
ing a confidential communication of information touching the expedition
under the authority of this Government for the purpose of opening trade
wath Japan, I transmit a report from the Secretary of State, to whom the
resolution was referred. FRANKLIN PIERCE.

Washington, D. C, April /, 18^4.
To the Seriate of the United States:

I transmit herewith the report of the Secretary of State in reply to the
resolution of the Senate of the 27th ultimo.

That part of the document w^hich purports to recite my official instruc-
tions is strictly correct; that which is avowedly unofficial and unauthor-
ized, it can hardly be necessary for me to say, in view of the documents
already before the Senate, does not convey a correct impression of my
' ' views and wishes. ' '

Franklin Pierce 237

At no time after an intention was entertained of sending Mr. Ward as
special agent to Mexico was either the Garay grant or the convention
entered into by Mr. ConkUng alluded to otherwise than as subjects which
might embarrass the negotiation of the treaty, and were consequently
not included in the instructions.

While the departure of Mr. Ward, under anj- circumstances or in any
respect, from the instructions committed to him is a matter of regret, it
is just to say that, although he failed to convey in his letter to General
Gadsden the correct import of remarks made by me anterior to his ap-
pointment as special agent, I impute to him no design of misrepresentation.

FRANKI^IN PIERCE.

WAvShinc;tox, April 5, 18^4..
To the Senate of the United States:

I transmit to the Senate a report of the Secretary of State, with accompa-
nying documents,* in compliance with their resolution of the 14th ultimo.

FRANKLIN PIERCE.

Washixgtox, April 5, M'j/.
To the House of Representatives of the Ignited States:

I transmit herewith to the House of Representatives a report of the
Secretary of State, with accompanying documents, + in further compliance
with their resolution of the loth of March, 1854.

FRANKLIN PIERCE.

WASHixfiTox, April 5, 18^4..
To the Senate of the United States:

I transmit herewith a report]; from the Secretary of State, in answer
to the resolution of the Senate in executive session of the 3d instant.

FRAXKIJX PIERCE.

W ASHINGTOX, .Ipril <S', /.S'f/.

To the House of Representatives:

I transmit herewith to the House of Representatives a report >^ of the
Secretary of State, in answer to their resolution of llie 3(1 instant.

FRANK IJX PII'RCi:.

•Correspondence relative to tlio seizure of Martin Koszt.i l>y Austrian anlliorities at Smyrna.

t KelatinK to violations of the rights ol .\nierican citizeiis hy Spanish authoiitits and tluii refusal
to allow Uniteil States vessels to enter jKjrtsof CuUi. etc.

X Relatinjj to exj)e<iitir)ns organized in California for the invasion f)f Sonora, M<xi<<).

g Stating that the corres])otHlence relative to the refus;il hy the authiiritits of C'uNa to pi rtnit the
I'nJted Slates mail steamer (Vr.wvH/ (VVrto land mail and j)as.sen>;ers at Havana li.id hccn trans-
mitted with the message to the House of April .s, iss4.

238 Messages and Papers of the Presidents

Washington, April 10, 1854..
To the Seriate of the United States:

I communicate to the Senate herewith a communication from the Sec-
retary of the Interior, accompanied by the articles of a convention recently
entered into for an exchange of country for the future residence of the
Winnebago Indians, and recommend their ratification with the amend-
ment suggested by the Secretary- of the Interior.

FRANKLIN PIERCE.

Washington, April u, 1854..
To the Senate of the United States:

I transmit herewith a report* from the Secretary of State, in repl}'^ to
the Senate's resolution of yesterday passed in executive session.

FRANKLIN PIERCE.

Washington, April 12, 1854,
To the Hotise of Representatives:

I transmit herewith a report from the Secretary of State, wnth accom-
panying documents, t in compliance with the resolution of the House of
Representatives of the 4th instant. FRANKLIN PIERCE

Washington, April ij, 1854..
To the Senate of the United States:

I transmit herewith a report | from the Secretary of State, in reply to
the resolution of the Senate adopted in executive session ^^esterday.

FRANKLIN PIERCE.

Washington, April 24, 1854.
To the Senate of the United States:

I have the honor to transmit herewith a report of the Attorney-Gen-
eral, suggesting modifications in the manner of conducting the legal
business of the Government, which are respectfully commended to your
favorable consideration. FRANKLIN PIERCE.

[The same message was also addressed to the Speaker of the House of
Representatives, ]

* Relating to claims growing out of the eleventh article of the treaty of Guadalupe Hidalgo,
t Correspondence relative to the seizure of Martin Koszta bj' Austrian authorities at Smyrna.
I Relating to the abrogation of the eleventh article of the treaty of Guadalupe Hidalgo, etc.

Franklin Pierce z-if^

Washington, April 2y, 1854..
To the Senate and House of Representatives:

I transmit to Congress a copy of a correspondence between the Sec-
retary' of State and Her Britannic Majesty's minister accredited to this
Government, and between the Secretary of State and the Secretary of
the Treasury', relative to the expediency of further measures for the
safety, health, and comfort of immigrants to the United States by sea.
As it is probable that further legislation may be necessary for the pur-
pose of securing those desirable objects, I commend the subject to the
consideration of Congress.

FRANKIvIN PIERCE.

Washington, May 2, 1854..
To the Hotise of Representatives:

I transmit the report * of the Secretary of State in compliance with a
resolution of the House of Representatives of the 5th ultimo.

It is presumed that the omission from the resolution of the usual
clause gi\dng the Executive a discretion in its answer was accidental, and
as there does not appear to be anything in the accompanying papers
which upon public considerations should require them to be withheld,
they are communicated accordingly.

FRANKLIN PIERCE.

Washington, May 5, 1854..
To the Senate of the United States:

I transmit herewith a report from the Secretary of State, with accom-
panying documents,! in compliance with the resolution of the Senate of
the 1 2th ultimo.

FRANKLIN PIERCE.

Washington, May 5-, 1854.
To the Senate of the United States:

I transmit herewith a report + from the Secretary of State, together
with the documents therein referred to, in compliance with the resolu-
tion of the Senate of the 12th Jaiuiar>- last.

FRANKLIN PIICRCE.

•RelatitiK to the .Tpplicalion of Ri-v. James Cof)k Richmond for rcdrcssnf \vroiij;s ;ilk-Ki'il to have
liecii committed hy Austrian authorities in I'est, and to the refusil to grant an exequatur n]><in
the commission of the I'nited States consul apjKjinted for Trieste.

tCorresjwndencc relative to the arrest and <leteiition at Bremen of C>)nr;i<l Schmidt, and arrest
and maltreatment at lleidellierK of Iv T. Dana. \V. 11. Dinnlc, and David Ramsay, all citi/.ejis of
the I'nited States; corresiwndence with the Kiiivj of rnisKJ,! relative to religions tuleration

t Relating to the impressmeflt of seamen from the rtiited States whale >.hi)> .li/ifnoii at Valjja-
raiso, and impri.sonment of William A. Stewart, an .American citi/en. at Valparaiso on the charge
of murder, and on conviction released by Chilean authorities.

240 Messages and Papers of the Presidents

Washington, May 11, 1834..
To the Hotise of Representatives:

I transmit a report from the Secretary of State, with accompanying
papers,* in answer to the resolution of the House of Representatives of
the ist instant. FRANKI^IN PIERCE.

Washington, May 20, 1854..
To the Scfiatc of the United States:

I transmit herewith a report from the Secretary of State, with accom-
panying documents, t in compHance with the Senate's resolution of the
30th of January last. FRANKI.IN PIERCE.

Washington, May 2j, 1854..
To the Se7iatc of the United States:

I transmit a report from the Secretary of State, on the subject of docu-
ments X called for by the resolution of the vSenate of the 9th instant.

FRANKEIN PIERCE.

Washington, May ^5, 18^4.
To the Senate of tlie United States:

I communicate to the Senate herewith, for its constitutional action
thereon, four several treaties recently negotiated in this city by George
W. Manypenny, as commissioner on the part of the United States, with
the delegates of the Delaware, loway, Kickapoo, and Sac and Fox tribes
of Indians. FRANKLIN PIERCE.

Washington, May 2g, 18^4.
To the Senate of t lie United States:.

I communicate to the Senate herewith, for its constitutional action
thereon, a treaty negotiated on the 12th instant at the Falls of Wolf
River, in Wisconsin, by Francis Huebschmann, superintendent of Indian
affairs for the northern superintendency, and the Menomonee Indians, by
the chiefs, headmen, and warriors of that tribe.

FRANKEIN PIERCE.

♦Relating to the rights accorded to neutrals and the rights claimed by belligerents in the war
between certain European powers.

t Correspondence relative to the difficulties between Rev. Jonas King and the Government of
Greece.

I Researches of H. S. San ford, late charge d'affaires at Paris, on Ihe condition of penal law in con-
tinental Europe, etc.; aLso a " Memoir on the Administrative Changes in France since the Revolu-
tion of 1S48," by H. S. Sauford.

Franklin Pierce 241

Washington, May jo, 1854..
To the House of Representatives of the U?iited States:

I transmit herewith a report from the Secretary of State, with accom-
panying documents,* in compHance with the resohition of the House Of
Representatives of the 20th December last.

FRANKUN PIERCE.

^ lu lur jr D J. J J- Washington, iune 12, 1854..

To the House of Representatives: -' ^ ^t

I transmit a report from the Secretarj^ of State, with accompanying

papers, t in answer to the resolution of the House of Representatives of

the 24th of April last. FRANKEIN PIERCE.

^ jL rr J- D J. 4 i- Washington, Tune lo, 18^4..

To the House of Representatives: ' -^ ^' -'^

I transmit herewith a report from the Secretary of State, with accom-
panying documents,;!: in compliance with the resolution of the House of
Representatives of the 30th ultimo. FRANKLIN PIERCE

'T jl LT r D J. y y Washington, /une 20, 18^4.

10 the House oj Representatives: -^ ^ Jt

I have received information that the Government of Mexico has agreed
to the several amendments proposed by the Senate to the treaty between
the United States and the Republic of Mexico signed on the 30th of
December last, and has authorized its envoy extraordinary to this Gov-
ernment to exchange the ratifications thereof. The time within which
the ratifications can be exchanged will expire on the 30th instant.

There is a provision in the treaty for the payment by the United States
to Mexico of the sum of $7,000,000 on the exchange of ratifications and
the further sum of $3,000,000 when the boundaries of the ceded territory
shall be settled.

To be enabled to compl}' with the stipulation according lo the terms
of the treaty relative to the payments therein mentioned, it will be neces-
.sary that Congress should make an appropriation of $7,000,000 for that
purpose before the 30th instant, and also the further sum of $3,000,000,
to be paid when the boundaries .shall l)e established.

I therefore respectfully request that the.se sums may 1)e put at the dis-
jx)sal of the Executive.

I herewith transmit to the House of Representatives a copy of the said

^^^^^y- FRANKLIN PIIvRCI-.

♦Correspondence relative to the ini|>oKiti(>n of Sonn<l dues, etc., nixm I'nited States coinnieice to
tlie Baltic.

t Relatinjf to the instnictions referred to liy President Monroeiii hisanniial ni(s.s,i^;c <>f Diccinhcr
2, 182,;, on the subject of the issue of commissions to private arine<l vessels

J Corre.sjKjndcnce of the American minister to Turkey relative to the expulsion of the ('.reeks
frctn Constantinople.

M P — VOL V-16

242 Messages and Papers of the Presidents

Washington, June 20, 1854..
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty extending the right of fishing and regulating the com-
merce and navigation between Her Britannic Majesty's possessions in
North America and the United States, concluded in this city on the 5th
instant between the United States and Her Britannic Majesty.

FRANKLIN PIERCE.

Washington, /««t' 24, 18^4.
To the Senate and House of Representatives:

I transmit to Congress the cop}' of two communications of the 26th
ultimo and 4th instant, respectively, from Her Britannic Majesty's minis-
ter accredited to this Government to the Secretary of State, relative to the
health on shipboard of immigrants from foreign countries to the United
States. This was the subject of my message to Congress of the 27th of
April last. FRANKLIN PIERCE.

Washington Citv. June 2p, 1854.
To the Senate of the United States:

I herewith communicate to the Senate, for its constitutional action
thereon, three treaties recently negotiated in this city by George W.
Manj^penny, as commissioner on the part of the United States; one con-
cluded on the 19th ultimo with the delegates of the Shawnee Indians,
one on the 5th instant with the Miami Indians, and the other on the 30th
ultimo with the united tribes of Kaskaskia and Peoria and Wea and
Piankeshaw Indians. FRANKLIN PIERCE.

Washington, July j, 1854..
To the Senate of the United States:

I transmit herewith to the Senate, for its constitutional action thereon,
an article of agreement made on the 13th day of June, 1854, by William
H. Garrett, agent on the part of the United States, and a delegation of
Creek Indians, supplementary to the Creek treaty of 1838.

FRANKLIN PIERCE.

Washington, fidy 5, 1854..
To the Se?iate of the United States:

In compliance with the resolution of the Senate of the ist instant, I
herewith return the articles of convention made and concluded with the
Winnebago Indians on the 6th of August, 1853, together with the Senate
resolution of the 9th ultimo, advising and consenting to the ratification
of the same with amendments. FRANKLIN PIERCE

Fratiklin Pierce 243

^ ., rr jr D J. ^ y WASHINGTON, /wA/ 12, 185J..

To the House of Representatives: ^ j -^

I transmit herewith the inclosed communication from the Secretary of
the Navy, respecting the observations of Lieutenant James M. GilUs,
of the United States Navy, and the accompanying documents.*

FRANKLIN PIERCE.

Washington, July 12, 185^.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty between the United States and the Empire of Japan, signed
at Kanagawa on the 31st day of March last by the plenipotentiaries of
the two Governments. The Chinese and Dutch translations of the in-
strument and the chart and sketch to which it refers are also herewith
communicated. FRANKLIN PIERCE.

Washington, July 77. 18^4..
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and Her Britannic Majesty
for the extension of the period limited for the duration of the mixed com-
mission under convention between the United States and Great Britain of
the 8th of February, 1853. FRANKLIN PIERCE.

-r ti HT /■ D J. t f Washington. IuIy /<?, 18^1.

10 the House oj Representatives: -' ■ -'^

I transmit a report from the Secretary of vState, with accompanying

papers, t in answer to the resolution of the House of Representatives of

the 6th of February last. FRANKLIN PIERCE.

W.v.sh I ngton, ////)' 22, /'V5'/-
To the Senate of the United States:

I have this day given my signature to the "Act making further ap-
propriations for the improvement of the Cape Fear River, in North
Carolina. ' '

The occasion .seems to render it proper for me to deviate from the ordi-
nary course of announcing the approval of bills by an oral statement only,
and, for the purpose of preventing any misa])])rehension which iniglit
otherwise arise from the phra.seology of this act, to c<Mninunicate in writ-
ing that my a])proval is given to it on the ground that the ol structions
which the projx).sed appropriation is intended to remove arc- the result of
acts of the General Govennnent. ,^,, »x't-t iv ^•,^^•\•,,^\^

r K.A.N Klyl.N 1 11, KLI',.

•Report of the I'nited St.Tles iiav.al astrotuiinioal cxix-ilitioii to tin- Sontlurii Hcnii^iilu ro
t Correspondence of Uunjphrey Mar?shall, coininissioner to China.

244 Messages and Papers of the Presidents

Washington, /7^/>' -?/, 1854..
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention concerning the rights of neutrals, concluded in this
city on the 2 2d instant between the United States and His Majesty the
Emperor of all the Russias. FRANKLIN PIERCE.

Washington, /?//>' 26, 1854..
To the Senate of the United States:

I transmit a report from the Secretary of State, in answer to the reso-
lution of the Senate of the 23d of May last, relative to the slave trade
in the island of Cuba.

The information contained in the papers accompanying the report
will, it is believed, be considered important, and perhaps necessary to
enable the Senate to form an opinion upon the subjects to which they
relate; but doubts may be entertained in regard to the expediency of
publishing some of the documents at this juncture.

This communication is accordingly addressed to the Senate in execu-
tive session, in order that a discretion may be exercised in regard to its
publication. FRANKLIN PIERCE.

Washington, fidy 27, tS^^..
The President of the Senate:

In compliance with the resolution of the Senate of the 24tli instant,
requesting me to cause to be transmitted to the Senate the Fourth Meteor-
ological Report of Professor Espy, the accompanying papers and charts
are respectfully submitted. FRANKLIN PIERCE.

Washington, fidy 2<p, 1854..
To the Senate of the United States:

In compliance with the Senate resolution of the loth July instant,
requesting that I would ' 'cause to be communicated to the Senate copies
of all the correspondence and other ofiicial documents on file in the
Department of the Interior respecting the claims of persons for services
performed and supplies and subsistence furnished to Indians in California
under contracts with Indian agents in the year 185 1, and embracing the
names of claimants, the amount, respectively, of their claims, on what
account created and b}^ what authority, if any, ' ' I transmit herewith a com-
munication from the Secretary of the Interior, accompanied by copies of
all the papers called for which have not heretofore been furnished. As it
appears that most of the papers called for were communicated to the Sen-
ate at its first and special sessions of the Thirty -second Congress, I have

Franklin Pierce 245

not supposed that it was the intention of the Senate to have them again
sent, and I have therefore not directed them to be copied.

FRANKLIN PIERCE.

Washington, July jz, 1854..
To the Senate of the United States:

In compHance with a resolution of the Senate of the 28th instant,
requesting information in respect to the bombardment of San Juan de
Nicaragua, I transmit reports from the Secretaries of State and of the
Navy, with the documents which accompanied them.

FRANKLIN PIERCE.

T- ji. LT r T> J. 2 J- Washington, luly 31, 18=^1.

Jo the House of Representatives: ' -^ ^ ^ y ^t

In answer to the resolution of the House of Representatives of the 28tli

instant, requesting information in regard to the destruction of San Juan

de Nicaragua, I transmit reports from the Secretaries of State and of the

Navy, with the documents accompanying them.

FRANKLIN PIERCE.

Washington, August /, 1834.
To the Senate of the Lhiited States:

I hasten to respond briefly to the resolution of the Senate of this date,
"requesting the President to inform the Senate, if in his opinion it be
not incompatible with the public interest, whether anj-thing has arisen
since the date of his message to the House of Representatives of the 15th
of March last concerning our relations with the Government of Spain
which in his opinion may dispense with the suggestions therein contained
touching the propriety of ' provisional measures ' by Congress to meet any
exigency that may arise in the rece.ss of Congress affecting those relations. ' '

In the message to the House of Representatives referred to I availed
my.self of the occasion to present the following reflections and sugges-
tions:

In view of the position of the island of Cuba, its proximity to our coast, the rela-
tions which it must ever liear to our commercial and other interests, it is vain to
expect that a series of unfriendly acts infrinj^injj our commercial rights and the
adoption of a policy threateninj^ the honor and security of these States can lonjj
consist with peaceful relations.

In case the measures taken for amicable adjustment of our diflkulties with Spain
should, unfortunately, fail, I shall not hesitate to use the authority and tnt-aiis which
Conjfress may grant to insure the observance of our just rights, to obtain redress for
injuries received, and to vindicate the honor of our flag.

In anticipation of that contingency, which I earnestly hope may not arise, I sug-
gest to Congress the propriety of adopting such provisional measures as the exigency
may seem to demand.

246 Messages and Papers of the Presidents

The two Houses of Congress may have anticipated that the hope then
expressed would be reaHzed before the period of its adjournment, and
that our relations with Spain would have assumed a satisfactory condi-
tion, so as to remove past causes of complaint and afford better security for
tranquillity and justice in the future. But I am constrained to say that
such is not the fact. The formal demand for immediate reparation in the
case of the Black Warrior, instead of having been met on the part of
Spain by prompt satisfaction, has only ser\^ed to call forth a justification
of the local authorities of Cuba, and thus to transfer the responsibility for
their acts to the Spanish Government itself.

Meanwhile information, not only reliable in its nature, but of an official
character, was received to the effect that preparation was making within
the limits of the United States by private individuals under military or-
ganization for a descent upon the island of Cuba with a view to wrest
that colony from the dominion of Spain. International comity, the obli-
gations of treaties, and the express provisions of law alike required, in
my judgment, that all the constitutional power of the Executive .should
be exerted to prevent the consummation of such a violation of positive
law and of that good faith on which mainly the amicable relations of
neighboring nations must depend. In conformity with these convictions
of public duty, a proclamation was issued to warn all persons not to par-
ticipate in the contemplated enterprise and to invoke the interposition
in this behalf of the proper officers of the Government. No provocation
whatever can justify private expeditions of hostilitj' against a country at
peace with the United States. The power to declare war is vested by the
Constitution in Congress, and the experience of our past history leaves
no room to doubt that the wisdom of this arrangement of constitutional
power will continue to be verified whenever the national interest and
honor shall demand a resort to ultimate measures of redress. Pending
negotiations b>' the Executive, and before the action of Congress, indi-
viduals could not be permitted to embarrass the operations of the one
and usurp the powers of the other of these depositaries of the functions
of Government.

I have only to add that nothing has arisen since the date of my former
message to ' ' dispense with the suggestions therein contained touching the
propriety of provisional measures by Congress."

FRANKLIN PIERCE.

Washington, August 2, 1854..
To the Senate of the United States:

I transmit herewith a re^wrt of the Secretary of State, with the accom-
panying documents,* in answer to the resolution of the Senate of the 5th

^^^^"''^" FRANKLIN PIERCE.

♦Correspondence relative to the imprisonment of George Marsden and to the seizureof the cargo
of the American bark Griffon by the authorities of Brazil.

Frankli?i Pierce 247

Washington, August 2, 185^.
To the House of Representatives:

I herewith transmit to you a cop}" of a treaty between the United
States and Great Britain, negotiated at Washington on the 5th of June
last. It has been concurred in by the Senate, and I have no doubt that
the ratifications of it will be soon exchanged. It will be observed
that by the provision of the fifth article the treaty does not go into
operation until after legislation thereon by the respective parties.

Should Congress at its present session pass the requisite law on the
part of the United States to give effect to its stipulations, the fishing
grounds on the coasts of the British North American Provinces, from
which our fishermen have been heretofore excluded, may be opened to
them during the present season, and apprehended collisions between them
and British fishermen avoided.

For this reason and for the purpose of securing to the citizens of the
United States at the earliest practicable period other advantages which
it is believed they will derive from this treaty, I recommend the passage
by Congress at the present session of such a law as is necessary on the
part of the United States to give effect to its provisions.

FRANKLIN PIERCE.

VETO MESSAGES.

Washington, May 3, 18^4..
To the Senate of tlie United States:

The bill entitled "An act making a grant of public lands to the sev-
eral States for the benefit of indigent insane persons," which was pre-
sented to me on the 27th ultimo, has been maturely considered, and is
returned to the Senate, the House in which it originated, with a state-
ment of the objections which have required me to withhold from it my
approval.

In the performance of this duty, prescribed by the Constitution, I have
been compelled to resist the deep sympathies of my own heart in favor
of the humane purjK).se .sought to be accomplished and to o\ercome the
reluctance with which I dissent from the conclusions of the two Houses
of Congress, and present my own opinions in opposition to the action of
a coordinate branch of the Government which possesses so fully my con-
fidence and respect.

If in presenting my objections to this l)ill I should say more than
strictly belongs to the measure or is required for the discharge of my
official obligation, let it be attributed to a sincere desire to justify my act
before those whose good o])inion I .so higlily value and to that earnest-
ness which springs from my deliberate conviction that a strict adherence

248 Messages and Papers of the Presidents

to the terms and purposes of the federal compact offers the best, if not
the only, security for the preservation of our blessed inheritance of repre-
sentative liberty.

The bill provides in substance:

P^irst. That 10,000,000 acres of land be granted to the several States,
to be apportioned among them in the compound ratio of the geograph-
ical area and representation of said States in the House of Representa-
tives.

Second. That wherever there are public lands in a State subject to sale
at the regular price of private entrj-, the proportion of said 10,000,000
acres falling to such State shall be selected from such lands within it,
and that to the States in which there are no such public lands land
scrip shall be issued to the amount of their distributive shares, respec-
tively, said scrip not to be entered by said States, but to be sold by them
and subject to entry by their assignees: Provided, That none of it shall be
sold at less than %\ per acre, under penalty of forfeiture of the same to
the United States.

Third. That the expenses of the management and superintendence of
said lands and of the monej^s received therefrom shall be paid by the
States to which they may belong out of the treasury of said States.

Fourth. That the gross proceeds of the sales of such lands or land
scrip so granted shall be invested by the several States in safe stocks, to
constitute a perpetual fund, the principal of which shall remain forever
undiminished, and the interest to be appropriated to the maintenance of
the indigent insane within the several States.

Fifth. That annual returns of lands or scrip sold shall be made by the
States to the Secretary of the Interior, and the whole grant be subject to
certain conditions and limitations prescribed in the bill, to be assented
to by legislative acts of said States.

This bill therefore proposes that the Federal Government shall make
provision to the amount of the value of 10,000,000 acres of land for an
eleemosynary object within the several States, to be administered by the
political authority of the same; and it presents at the threshold the ques-
tion whether any such act on the part of the Federal Government is war-
ranted and sanctioned by the Constitution, the provisions and principles
of which are to be protected and sustained as a first and paramount duty.

It can not be questioned that if Congress has power to make provi-
sion for the indigent insane without the limits of this District it has the
same power to provide for the indigent who are not insane, and thus to
transfer to the Federal Government the charge of all the poor in all the
States. It has the same power to provide hospitals and other local estab-
lishments for the care and cure of every species of human infirmity, and
thus to assume all that duty of either pubhc philanthropy or public
necessity to the dependent, the orphan, the sick, or the needy which is
now discharged by the States themselves or by corporate institutions or

Franklin Pierce 249

private endowments existing under the legislation of the States. The
whole field of public beneficence is thrown open to the care and culture
of the Federal Government. Generous impulses no longer encounter the
limitations and control of our imperious fundamental law; for however
worthy may be the present object in itself, it is only one of a class. It is
not exclusively worthy of benevolent regard. Whatever considerations
dictate sympathy for this particular object apply in like manner, if not
in the same degree, to idioc}^, to physical disease, to extreme destitution.
If Congress may and ought to provide for any one of these objects, it
may and ought to provide for them all. And if it be done in this case,
what answer shall be given when Congress shall be called upon, as it
doubtless will be, to pursue a similar course of legislation in the others?
It will obviously be vain to reply that the object is worthy, but that the
application has taken a wrong direction. The power will have been de-
liberately assumed, the general obligation will by this act have been
acknowledged, and the question of means and expediency will alone be
left for consideration. The decision upon the principle in any one case
determines it for the whole class. The question presented, therefore,
clearly is upon the constitutionality and propriety of the Federal Govern-
ment assuming to enter into a novel and vast field of legislation, namely,
that of providing for the care and support of all those among the people
of the United States who by any form of calamity become fit objects of
public philanthrop3\

I readily and, I trust, feelingly acknowledge the duty incuml)ent on
us all as men and citizens, and as among the highest and holiest of our
duties, to provide for those who, in the mysterious order of Providence,
are subject to want and to disease of body or mind; but I can not find
any authority in the Constitution for making the Federal Government
the great almoner of public charity throughout the United States. To
do so would, in my judgment, be contrary to the letter and spirit of the
Constitution and .subversive of the whole theor}- upon which the Union
of these States is founded. And if it were admissible to contemplate the
exercise of this power for any object whatever, I can not avoid the belief
that it would in the end be prejudicial rather than beneficial in the noble
offices of charity to have the charge of them transferred from the States to
the Federal Government. Are we not too prone to forget that the Federal
Union is the creature of the States, not they of the Federal Union? We
were the inhabitants of colonies distinct in local government one from
the other before the Revolution. By that Revolution the colonies each
Ijecame an independent State. They achieved that independence and
.secured its recognition by the agency of a consulting body, which, from
Ix^ing an assembly of the mini.sters of distinct .sovereignties in.structed to
agree to no form of government which did not leave the domestic con-
cerns of each State to itself, was apjjroi^riately deiKMuinated a Congress.
When, having tried the experiment of the Confederation, they resolved to

250 Messages and Papers of the Presidents

change that for the present Federal Union, and thus to confer on the Fed-
eral Government more ample authority, they scrupulously measured such
of the functions of their cherished sovereignty as they chose to delegate to
the General Govennnent. With this aim and to this end the fathers
of the Republic framed the Constitution, in and by which the independent
and sovereign States united themselves for certain specified objects and
purposes, and for those only, leaving all powers not therein set forth as
conferred on one or another of the three great departments — the legis-
lative, the executive, and the judicial — indubitably with the States. And
when the people of the several States had in their State conventions, and
thus alone, given effect and force to the Constitution, not content that any
doubt should in future arise as to the scope and character of this act, they
ingrafted thereon the explicit declaration that ' ' the powers not delegated
to the United States by Ihe Constitution nor prohibited by it to the States
are reserved to the vStates respectively^ or to the. people. " Can it be con-
troverted that the great mass of the business of Government— that involved
in the social relations, the internal arrangements of the body politic, the
mental and moral culture of men, the development of local resources of
wealth, the punishment of crimes in general, the preservation of order,
the relief of the needy or otherwise unfortunate members of society— did
in practice remain with the States; that none of these objects of local
concern are by the Constitution expressly or impliedl}' prohibited to the
States, and that none of them are by any express language of the Con-
stitution transferred to the United States? Can it be claimed that any
of these functions of local administration and legislation are vested in the
Federal Government by any implication? I have never found anything
in the Constitution which is susceptible of such a construction. No one of
the enumerated powers touches the subject or has even a remote analogy
to it. The powers conferred upon the United States have reference to
federal relations, or to the means of accomplishing or executing things
of federal relation. So also of the same character are the powers taken
away from the States by enumeration. In either case the powers granted
and the powers restricted were so granted or so restricted only where it
was requisite for the maintenance of peace and harmony between the
States or for the purpo.se of protecting their common interests and defend-
ing their common sovereignty against aggression from abroad or insurrec-
tion at home.

I shall not discuss at length the question of power sometimes claimed
for the General Government under the clause of the eighth section of the
Con.stitution, which gives Congress the power "to lay and collect taxes,
duties, imposts, and excises, to pay debts and provide for the common
defense and general welfare of the United States," because if it has not
already been settled upon sound reason and authority it never will be. I
take the received and just construction of that article, as if written to lay
and collect taxes, duties, imposts, and excises in order io pay the debts and

Fra7iklin Pierce 251

in order to provide for the common defense and general welfare. It is
not a substantive general power to provide for the welfare of the United
States, but is a limitation on the grant of power to raise money by taxes,
duties, and imposts. If it were otherwise, all the rest of the Constitu-
tion, consisting of carefully enumerated and cautiously guarded grants
of specific powers, would have been useless, if not delusive. It would be
impossible in that view to escape from the conclusion that these were
inserted only to mislead for the present, and, instead of enlightening and
defining the pathway of the future, to involve its action in the mazes of
doubtful construction. Such a conclusion the character of the men who
framed that sacred instrument will never permit us to form. Indeed,
to suppose it susceptible of any other construction would be to consign
all the rights of the States and of the people of the States to the mere
discretion of Congress, and thus to clothe the Federal Government with
authority to control the sovereign States, by which they would have been
dwarfed into provinces or departments and all sovereignty' vested in an
absolute consolidated central power, against which the spirit of liberty
has so often and in so many countries struggled in vain. In my judg-
ment 3'ou can not by tributes to humanity make atiy adequate compensa-
tion for the wrong you would inflict by removing the sources of power
and political action from those who are to be thereby affected. If the
time shall ever arrive when, for an object appealing, however strongly, to
our sympathies, the dignity of the States .shall bow to the dictation of
Congress by conforming their legislation thereto, when the power and
majesty and honor of those who created shall l^ecome subordinate to the
thing of their creation, I but feebly utter my apprehensions when I ex-
press my firm conviction that we .shall .see "the beginning of the end."

Fortunately, we are not left in doubt as to the purpose of the Consti-
tution any more than as to its express language, for although the his-
tory of its formation, as recorded in the Madison Papers, shows that the
Federal Government in its present form emerged from the conflict of
opposing influences which have continued to divide statesmen from that
day to this, yet the rule of clearly defined jx)wers and of strict construc-
tion presided over the actual conclu.sion and subsequent adoption of the
Constitution. President Madison, in the Federali.st, says:

The powers delegated by the projxjsed Con.stitution arc few and defined. Those
whicli are to remain in the State governments are numerons and indefinite. * * *
It.s [the General Government'.s] juri.stliction e.xtend.s to certain enumerated objects
only, and leaves to the several States a residuary and inviolable stivereignty over all
other object.s.

In the same spirit President Jefferson invokes "the support of the
State governments in all their rights as the most comiK'tent adminis-
trations for our domestic concerns and the surest bulwarks against anti-
republican tendencies; " and President Jackson said tliat our true- strength
and wisdom are not promoted by invasions of the rights and jMjwcrs of

252 Messages and Papers of the Presidents

the several States, but that, on the contrary, they consist "not in bind-
ing the States more closely to the center, but in leaving each more unob-
structed in its proper orbit."

The framers of the Constitution, in refusing to confer on the Federal
Government any jurisdiction over these purely local objects, in m)^ judg-
ment manifested a wise forecast and broad comprehension of the true
interests of these objects themselves. It is clear that public charities
within the States can be efficiently administered only by their authority.
The bill before me concedes this, for it does not commit the funds it pro-
vides to the administration of any other authority.

I can not but repeat what I have before expressed, that if the several
States, many of which have already laid the foundation of munificent
establishments of local beneficence, and nearly all of which are proceed-
ing to establish them, shall be led to suppose, as, should this bill become
a law, they will be, that Congress is to make provision for such objects,
the fountains of charity will be dried up at home, and the several States,
instead of bestowing their own means on the .social wants of their own
people, may themselves, through the strong temptation which appeals
to states as to individuals, become humble suppliants for the bounty of
the Federal Government, reversing their true relations to this Union.

Ha\ang stated my views of the limitation of the powers conferred by
the eighth section of the first article of the Constitution, I deem it proper
to call attention to the third section of the fourth article and to the pro-
visions of the sixth article bearing directly upon the question under
consideration, which, instead of aiding the claim to power exercised in
this case, tend, it is believed, strongly to illustrate and explain positions
which, even without such support, I can not regard as questionable. The
third section of the fourth article of the Constitution is in the following
terms:

The Congress shall have power to dispose of and make all needful rules and regu-
lations respecting the territory or other property belonging to the United States;
and nothing in this Constitution shall be so construed as to prejudice any claims of
the United States or of any particular State.

The sixth article is as follows, to wit, that —

All debts contracted and engagements entered into before the adoption of this
Constitution shall be as valid against the United States under this Constitution as
under the Confederation.

For a correct understanding of the terms used in the third section of
the fourth article, above quoted, reference should be had to the history
of the times in which the Constitution was formed and adopted. It
was decided upon in convention on the 17th September, 1787, and by it
Congress was empowered "to dispose of," etc., "the territory or other
property belonging to the United States." The only territory then
belonging to the United States was that then recently ceded by the
several States, to wit: By New York in 1 781, by Virginia in 1784, by

Franklin Pierce 253

Massachusetts in 1785, and by South CaroHna in August, 1787, only the
month before the formation of the Constitution. The cession from Vir-
ginia contained the following provision:

That all the lands within the territory so ceded to the United States, and not
reserved for or appropriated to any of the before-mentioned purposes or disposed of
in bounties to the officers and soldiers of the American Army, shall be considered a
common fund for the use and benefit of such of the United States as have become or
shall become members of the Confederation or Federal Alliance of the said States,
Virginia included, according to their usual respective proportions in the general
charge and expenditure, and shall be faithfully and bona fide disposed of for that
pvu-pose and for no other use or purpose whatsoever.

Here the object for which these lands are to be disposed of is clearly
set forth, and the power to dispose of them granted by the third section
of the fourth article of the Constitution clearly contemplates such dis-
position only. If such be the fact, and in my mind there can be no
doubt of it, then you have again not only no implication in favor of the
contemplated grant, but the strongest authority against it. Further-
more, this bill is in violation of the faith of the Government pledged in
the act of January 28, 1847. The nineteenth section of that act declares:

That for the payment of the stock which may be created under the provisions of
this act the sales of the public lands are hereby pledged; and it is hereby made the
duty of the Secretary of the Treasury to use and apply all moneys which may be
received into the Treasury for the sales of the public lands after the ist day of Jan-
uary, 1848, first, to pay the interest on all stocks issued by virtue of this act, and,
secondly, to use the balance of said receipts, after paying the interest aforesaid, in the
purchase of said stocks at their market value, etc.

The debts then contracted have not been liquidated, and the language
of this section and the obligations of the United States under it are too
plain to need comment.

I have been unable to discover any distinction on constitutional grounds
or grounds of expediency between an appropriation of $10,000,000 di-
rectly from the money in the Treasury for the object contemplated and
the appropriation of lands presented for my .sanction, and yet I can not
doubt that if the bill proposed $10,000,000 from the Treasury of the
United States for the support of the indigent insane in the several States
that the constitutional question involved in the act would have attracted
forcibly the attention of Congress.

I respectfully submit that in a con.stitutional point of view it is wholly
immaterial whether the appropriation l)e in money or in land.

The public domain is the common property of the I'nion just as much
as the .surplus proceeds of that and of duties on iin^jorts remaining luiex-
pended in the Trea.sury. As such it has lx?en pledged, is now pledged,
and may need to l)e .so pledged again for jniblic indebtedness.

As projx^rty it is distinguished from actual money chiefly in this re-
.spect, that its profitable management sometimes requires tliat ])()rtions of
it be appropriated to local objects in the States wherein it may happen to

254 Messages and Papers of the Presidents

lie, as would be done by any prudent proprietor to enhance the sale value
of his private domain. All such grants of land are in fact a disposal of
it for value received, but they afford no precedent or constitutional reason
for giving away the public lands. Still less do they give sanction to
appropriations for objects which have not been intrusted to the Federal
Government, and therefore belong exclusively to the States.

To assume that the public lands are applicable to ordinary vState ob-
jects, whether of public structures, police, charity, or expenses of State
administration, would he to disregard to the amount of the value of the
public lands all the limitations of the Constitution and confound to that
extent all distinctions between the rights and powers of the States and
those of the United States; for if the public lands may be applied to the
support of the poor, whether sane or insane, if the disposal of them and
their proceeds be not subject to the ordinary limitations of the Constitu-
tion, then Congress possesses unqualified power to provide for expendi-
tures in the States by means of the public lands, even to the degree of
defraying the salaries of governors, judges, and all other expenses of the
government and internal administration within the several States.

The conclusion from the general survey of the whole subject is to my
mind irresistible, and closes the question both of right and of expediency
so far as regards the principle of the appropriation proposed in this bill.
Would not the admi.ssion of such power in Congress to dispose of the
public domain work the practical abrogation of some of the most impor-
tant provisions of the Constitution ?

If the systematic reservation of a definite portion of the public lands
(the sixteenth sections) in the States for the purposes of education and
occasional grants for similar purposes be cited as contradicting these
conclusions, the answer as it appears to me is obvious and satisfactory.
Such reservations and grants, besides being a part of the conditions on
which the proprietary right of the United States is maintained, along
with the eminent domain of a particular State, and by which the public
land remains free from taxation in the State in which it lies as long as it
remains the property of the United States, are the acts of a mere land-
owner disposing of a small share of his property in a way to augment
the value of the residue and in this mode to encourage the early occupa-
tion of it by the industrious and intelligent pioneer.

The great example of apparent donation of lands to the States likely
to be relied upon as sustaining the principles of this bill is the relinquish-
ment of swamp lands to the States in which they are situated, but this
also, hke other grants already referred to, was based expressly upon
grounds clearly distinguishable in principle from any which can be as-
sumed for the bill herewith returned, viz, upon the interest and duty of
the proprietor. They were charged, and not without reason, to be a nui-
sance to the inhabitants of the surrounding countr>'. The measure was
predicated not only upon the ground of the disease inflicted upon the

Franklin Pierce 255

people of the States, which the United States could not justify as a just and
honest proprietor, but also upon an express limitation of the application
of the proceeds in the first instance to purposes of levees and drains, thus
protecting the health of the inhabitants and at the same time enhancing
the value of the remaining lands belonging to the General Government.

It is not to be denied that Congress, while administering the public
lands as a proprietor within the principle distinctly announced in my
annual message, may sometimes have failed to distinguish accurately
between objects which are and which are not within its constitutional
powers.

After the most careful examination I find but two examples in the acts
of Congress which furnish any precedent for the present bill, and those
examples will, in my opinion, serv^e rather as a warning than as an induce-
ment to tread in the same path.

The first is the act of March 3, 18 19, granting a township of land to
the Connecticut as^dum for the education of the deaf and dumb; the
second, that of April 5, 1826, making a similar grant of land to the Ken-
tucky asylum for teaching the deaf and dumb — the first more than
thirty years after the adoption of the Constitution and the second more
than a quarter of a century ago. These acts were unimportant as to the
amount appropriated, and so far as I can ascertain were passed on two
grounds: First, that the object was a charitable one, and, secondly, that it
was national. To say that it was a charitable object is only to say that
it was an object of expenditure proper for the competent authority; but it
no more tended to show that it was a proper object of expenditure by the
United States than is an}' other purel}' local object appealing to the best
sympathies of the human heart in any of the States. And the sugges-
tion that a school for the mental culture of the deaf and dumb in Con-
necticut or Kentucky is a national object only shows how loosely this
expression has been used when the purpose was to procure appropria-
tions by Congress. It is not perceived how a school of this character is
otherwise national than is any establishment of religious or moral instruc-
tion. All the pursuits of indu.stry, everything which promotes the mate-
rial or intellectual well-being of the race, every ear of corn or boll of cotton
which grows, is national in the same sense, for each one of these things
goes to swell the aggregate of national prosperity and happiness of the
United States; but it confounds all meaning of language to say that these
things are " national," as et^uivalent to " Federal," so as to come within
any of the cla.sses of appropriation for which Congress is authorized by
the Constitution to legislate.

It is a marked jx>int of the history of the ConstitiUion that when it
was propo.sed to empower Congress to establish a iniiversity the jirop-
osition was confined to the District intended for the future .seat of Gov-
ernment of the United States, and that even that jiroposed clause was
omitted in consideration of the exclusive powers conferred on Congress

256 Messages and Papers of the Presidents

to legislate for that District. Could a more decisive indication of the
true construction and the spirit of the Constitution in regard to all
matters of this nature have been given? It proves that such objects
were considered by the Convention as appertaining to local legislation
only; that they were not comprehended, either expressly or by implica-
tion, in the grant of general power to Congress, and that consequently
they remained with the several States.

The general result at which I have arrived is the necessary conse-
quence of those views of the relative rights, powers, and duties of the
States and of the Federal Government which I have long entertained
and often expressed and in reference to which my convictions do but
increase in force with time and experience.

I have thus discharged the unwelcome duty of respectfully stating my

objections to this bill, with which I cheerfully submit the whole subject

to the wisdom of Congress.

FRANKLIN PIERCE.

Washington, August 4., 1854.
To the House of Representatives:

I have received the bill entitled ' 'An act making appropriations for the
repair, preservation, and completion of certain public works heretofore
commenced under the authority of law." It reaches me in the expiring
hours of the session, and time does not allow full opportunity for exam-
ining and considering its provisions or of stating at length the reasons
which forbid me to give it my signature.

It belongs to that class of measures which are commonly known as in-
ternal improvements by the General Government, and which from a very
earh' period have been deemed of doubtful constitutionality and expedi-
ency, and have thus failed to obtain the approbation of successive Chief
Magistrates.

On such an examination of this bill as it has been in my power to make,
I recognize in it certain provisions national in their character, and which,
if they stood alone, it would be compatible with my con\actions of public
duty to assent to; but at the same time, it embraces others which are
merely local, and not, in my judgment, warranted by any safe or true con-
struction of the Constitution.

To make proper and sound discriminations between these different pro-
visions would require a deliberate discussion of general principles, as well
as a careful scrutiny of details for the purpose of rightfully applying
those principles to each separate item of appropriation.

Public opinion with regard to the value and importance of internal
improvements in the country is undivided. There is a disposition on
all hands to have them prosecuted with energy and to see the benefits
sought to be attained by them fully realized.

Franklin Pierce 257

The prominent point of difference between those who have been re-
garded as the friends of a system of internal improvements by the Gen-
eral Government and those adverse to such a system has been one of
constitutional power, though more' or less connected with considerations
of expediency.

My own judgment, it is well known, has on both grounds been op-
posed to "a general system of internal improvements" b}' the Federal
Government. I have entertained the most serious doubts from the
inherent difhculties of its application, as well as from past unsatisfactory
experience, whether the power could be so exercised by the General
Government as to render its use advantageous either to the country at
large or effectual for the accomplishment of the object contemplated.

I shall consider it incumbent on me to present to Congress at its next
session a matured view of the whole subject, and to endeavor to define,
approximately' at least, and according to my own convictions, what ap-
propriations of this nature by the General Government the great interests
of the United States require and the Constitution will admit and sanction,
in case no substitute should be devised capable of reconciling differences
both of constitutionality and expediency.

In the absence of the requisite means and time for duly considering
the whole subject at present and discussing such possible substitute, it
becomes necessarj' to return this bill to the House of Representatives, in
which it originated, and for the reasons thus briefly submitted to the
consideration of Congress to withhold from it my approval.

FRANKLIN PIERCE.

[The foUowiiijj message is inserted here because it is an exposition of the reasons of the Presi-
dent for the veto of .\ugust 4, 1S54, immediately preceding.]

Washington, December jo, iSjf.
To the Senate and House of Representatives:

In returning to the House of Representatives, in which it originated,
a bill entitled "An act making appropriations for the repair, preserva-
tion, and completion of certain public works heretofore connnenced under
the authority of law," it became necessary for me, owing to the late day
at which the bill was passed, to state my objections to it very briell)', an-
nouncing at the same time a purpose to resume the subject for more delib-
erate discussion at the present .session of Congress; for, while ])y no means
insensible of the arduousness of the task thus undertaken by nie, I con-
ceived that the two Houses were entitled to an exixisition of the consid-
erations which had induced dissent on my part from their conclusions in
this instance.

The great constitutional (juestion of the ])ower of the General Govern-
ment in relation to internal improvenienls has 1)een the subject of earnest
difference of opinion at every period of the history of the I'niled vStates.
M P— vor. v — 17

258 Messages and Papers of the Presidents

Annual and special messages of successive Presidents have been occupied
with it, sometimes in remarks on the general topic and frequently in
objection to particular bills. The conflicting sentiments of eminent states-
men, expressed in Congress or in conventions called expresslj'- to devise,
if possible, some plan calculated to relieve the subject of the embarrass-
ments with which it is environed, while they have directed public atten-
tion strongly to the magnitude of the interests involved, have yet left
unsettled the limits, not merely of expediency, but of constitutional
power, in relation to works of this class by the General Government.

What is intended by the phrase ' ' internal improvements ' '? What does
it embrace and what exclude? No such language is found in the Consti-
tution. Not only is it not an expression of ascertainable constitutional
power, but it has no sufficient exactness of meaning to be of any value as
the basis of a safe conclusion either of constitutional law or of practical
statesmanship.

President John Quincy Adams, in claiming on one occasion, after his
retirement from office, the authorship of the idea of introducing into the
administration of the affairs of the General Government "a permanent
and regular system ' ' of internal improvements, speaks of it as a system
by which ' ' the whole Union would have been checkered over with rail-
roads and canals," affording "high wages and constant employment to
hundreds of thousands of laborers;" and he places it in express contrast
with the construction of such works by the legislation of the States and
by private enterprise.

It is quite obvious that if there be any constitutional power which
authorizes the construction of "railroads and canals" by Congress, the
same power must comprehend turnpikes and ordinary carriage roads;
nay, it must extend to the construction of bridges, to the draining of
mar.shes, to the erection of levees, to the construction of canals of irriga-
tion; in a word, to all the possible means of the material improvement of
the earth, by developing its natural resources anywhere and everywhere,
even within the proper jurisdiction of the several States. But if there
be any constitutional power thus comprehensive in its nature, must not
the same power embrace within its scope other kinds of improvement of
equal utility in themselves and equally important to the welfare of the
whole country ? President Jefferson, while intimating the expediency of
so amending the Constitution as to comprise objects of physical progress
and well-being, does not fail to perceive that "other objects of public
improvement," including "pubhc education" by name, belong to the
same class of powers. In fact, not only public instruction, but hospitals,
establishments of science and art, libraries, and, indeed, everything apper-
taining to the internal welfare of the country, are just as much objects of
internal improvement, or, in other words, of internal utility, as canals
and railways.

The admission of the power in either of its senses implies its existence

Franklin Pierce 259

in the other; and since if it exists at all it involves dangerous augmen-
tation of the political functions and of the patronage of the Federal
Government, we ought to see clearly by what clause or clauses of the
Constitution it is conferred.

I have had occasion more than once to express, and deem it proper
now to repeat, that it is, in my judgment, to be taken for granted, as a
fundamental proposition not requiring elucidation, that the Federal Gov-
ernment is the creature of the individual States and of the people of
the States severally; that the sovereign power was in them alone; that
all the powers of the Federal Government are derivative ones, the enu-
meration and limitations of which are contained in the instrument which
organized it; and by express terms "the powers not delegated to the
United States by the Constitution nor prohibited by it to the States are
reserved to the States respectively or to the people."

Starting from this foundation of our constitutional faith and proceed-
ing to inquire in what part of the Constitution the power of making ap-
propriations for internal improvements is found, it is necessary to reject
all idea of there being any grant of power in the preamble. When that
instrument says, "We, the people of the United States, in order to form
a more perfect union, establish justice, insure domestic tranquillity, pro-
vide for the common defense, promote the general welfare, and secure
the blessings of liberty to ourselves and our posterity," it only declares
the inducements and the anticipated results of the things ordained and
established by it. To assume that anything more can be designed by
the language of the preamble would be to convert all the bod>' of the
Constitution, with its carefully weighed enumerations and limitations,
into mere surplusage. The same may be said of the phrase in the grant
of the power to Congress ' ' to pay the debts and provide for the com-
mon defense and general welfare of the United States;" or, to constnie
the words more exactly, they are not significant of grant or concession,
but of restriction of the specific grants, having the effect of saying that
in laying and collecting taxes for each of the precise objects of power
granted to the General Government Congress must exercise any such
definite and undoubted power in strict subordination to the purpose of
the common defense and general welfare of all the States.

There being no specific grant in the Constitution of a power to sanc-
tion appropriations for internal improvements, and no general provision
broad enough to cover any such indefinite object, it l^ecomcs necessary
to look for particular powers to which one or another of the things
included in the phrase "internal improvements" may l)e referred.

In the discussions of this question by the advocates of the organization
of a "general sy.stem of internal improvements " under the ausi^ces of the
Federal Government, reliance is had for the justification of tlie measure
on several of the powers expressly granted to Congress, sucli as to estab-
lish post-offices and post-roads, to declare war, to provide and maintain

26o Messages and Papers of the Presidents

a navy, to raise and support armies, to regulate commerce, and to dis-
pose of the territory and other public property of the United States.

As to the last of these sources of power, that of disposing of the terri-
tor>' and other public property of the United States, it may be conceded
that it authorizes Congress, in the management of the public property,
to make improvements essential to the successful execution of the trust;
but this must be the primary object of any such improvement, and it
would be an abuse of the trust to sacrifice the interest of the property to
incidental purposes.

As to the other assumed sources of a general power over internal im-
provements, they being specific powers of which this is supposed to
be the incident, if the framers of the Constitution, wise and thoughtful
men as they were, intended to confer on Congress the power over a sub-
ject so wide as the whole field of internal improvements, it is remark-
able that they did not use language clearly to express it, or, in other
words, that they did not give it as a distinct and substantive power in-
stead of making it the implied incident of some other one; for such is
the magnitude of the supposed incidental power and its capacit)^ of ex-
pansion that any system established under it would exceed each of the
others in the amount of expenditure and number of the persons employed,
which would thus be thrown upon the General Government.

This position may be illustrated by taking as a single example one of
the many things comprehended clearly in the idea of " a general S5^stem
of internal improvements," namely, roads. Let it be supposed that the
power to construct roads over the whole Union, according to the sugges-
tion of President J. Q. Adams in 1807, whilst a member of the Senate
of the United States, had been conceded. Congress would have begun,
in pursuance of the state of knowledge at the time, by constructing turn-
pikes; then, as knowledge advanced, it would have constructed canals,
and at the present time it would have been embarked in an almost limit-
less scheme of railroads.

Now there are in the United States, the results of State or private
enterprise, upward of 17,000 miles of railroads and 5,000 miles of canals;
in all, 22,000 miles, the total cost of which may be estimated at little
short of $600,000,000; and if the same w^orks had been constructed by
the Federal Government, supposing the thing to have been practicable,
the cost would have probably been not less than $900,000,000. The
number of persons emplo3'ed in vSuperintending, managing, and keeping
up the.se canals and railroads may be stated at 126,000 or thereabouts, to
which are to be added 70,000 or 80,000 employed on the railroads in
construction, making a total of at least 200,000 persons, representing
in families nearly 1,000,000 souls, employed on or maintained by this
one class of public works in the United States.

In view of all this, it is not easy to estimate the disastrous conse-
quences v/hich must have resulted from such extended local improve-

Franklin Pierce 261

ments being undertaken by the General Government. State legislation
upon this subject would have been suspended and private enterprise
paralyzed, while applications for appropriations would have perv^erted
the legislation of Congress, exhausted the National Treasury, and left the
people burdened with a heavy public debt, beyond the capacity of gener-
ations to discharge.

Is it conceivable that the framers of the Constitution intended that
authority drawing after it such immense consequences should be inferred
by implication as the incident of enumerated powers? I can not think
this, and the impossibility of supposing it would be still more glaring if
similar calculations were carried out in regard to the numerous objects
of material, moral, and political usefulness of which the idea of internal
improvement admits. It maj^ be safely inferred that if the framers of the
Constitution had intended to confer the power to make appropriations
for the objects indicated, it would have been enumerated among the grants
expressly made to Congress. When, therefore, any one of the powers
actually enumerated is adduced or referred to as the ground of an assump-
tion to warrant the incidental or implied power of ' ' internal improve-
ment," that hypothesis must be rejected, or at least can be no further
admitted than as the particular act of internal improvement may happen
to be necessary to the exercise of the granted power. Thus, when the
object of a given road, the clearing of a particular channel, or the con-
struction of a particular harlx)r of refuge is manifestly required by the
exigencies of the naval or military' service of the country, then it seems
to me luideniable that it may be constitutionally comprehended in -the
powers to declare war, to provide and maintain a navy, and to raise and
.support armies. At the same time, it would be a misuse of these powers
and a violation of the Constitution to undertake to build upon them a
great .system of internal improvements. And similar reasoning applies
to the a.ssumption of any such power as is involved in that to establish
])ost-roads and to regulate commerce. If the particular improvement,
whether by land or sea, be necessary to the execution of the enumerated
powers, then, Ixit not otherwise, it falls within the jurisdiction of Con-
gress. To this extent only can the power be claimed as the incident of
an}- express grant to the Federal Government.

But there is one clause of the Constitution in which it has l)een sug-
gested that exi)ress authority to construct works of internal inqirovement
has l)een conferred on Congress, namely, that whicli empowers it "to
exercise exclusive legi.slation in all cases whatsoever over sucli district
(not exceeding 10 miles scjuare ) as may by cession of ])articular vStates
and the acceptance of Congress become the seat of the Governnieiit of
the United States, and to exercise like autliority over all jiLices ])urcli:ise(l
by the crmsent of the k'gislature of the vState in which the same shall l)e
for the erection of forts, magazines, arsenals, (Ux'kyards, and othtr inrd-
ful buildings.'' But any such supposition will be seen to Ix; groundless

262 Messages and Papers of the Presidefits

when this provision is carefully examined and compared with other parts
of the Constitution.

It is undoubtedly true that ' ' like authority ' ' refers back to ' ' exclusive
legislation in all cases whatsoever" as applied to the District of Colum-
bia, and there is in the District no division of powers as between the
General and the State Governments.

In those places which the United States has purchased or retains within
any of the States — sites for dockyards or forts, for example — legal process
of the given State is still permitted to run for some purposes, and there-
fore the jurisdiction of the United States is not absolutely perfect. But
let us assume for the argument's sake that the jurisdiction of the United
States in a tract of land ceded to it for the purpose of a dockyard or fort
b}' \'irginia or Maryland is as complete as in that ceded by them for
the seat of Government, and then proceed to analyze this clause of the
Constitution.

It provides that Congress shall have certain legislative authority over
all places purchased by the United States for certain purposes. It im-
plies that Congress has otherwise the power to purchase. But where does
Congress get the power to purchase? Manifestly it must be from some
other clause of the Constitution, for it is not conferred by this one. Now,
as it is a fundamental principle that the Constitution is one of limited
powers, the authority to purchase must be conferred in one of the enu-
merations of legislative power; .so that the power to purchase is itself not
an unlimited one, but is limited by the objects in regard to which legis-
lative authority is directly conferred.

The other expressions of the clause in question confirm this conclu-
sion, since the jurisdiction is given as to places purchased for certain
enumerated objects or purposes. Of these the first great division — forts,
magazines, arsenals, and dockyards — is obviously referable to recog-
nized heads of specific constitutional power. There remains onl}^ the
phrase "and other needful buildings." Wherefore needful? Needful
for any possible purpose within the whole range of the business of so-
ciety and of Government? Clearly not; but only such "buildings" as
are ' ' needful ' ' to the United States in the exercise of any of the powers
conferred on Congress.

Thus the United States need, in the exercise of admitted powers, not
only forts, magazines, arsenals, and dockyards, but also court-houses,
prisons, custom-houses, and post-offices within the respective States.
Places for the erection of such buildings the General Government may
constitutionally purchase, and, having purchased them, the jurisdiction
over them belongs to the United States. So if the General Government
has the power to build a light-house or a beacon, it may purchase a place
for that object; and having purchased it, then this clause of the Consti-
tution gives jurisdiction over it. Still, the power to purchase for the pur-
pose of erecting a Hght-house or beacon nmst depend on the existence of

Franklin Pierce 263

the power to erect, and if that power exists it must be sought after in
some other clause of the Constitution.

From whatever point of view, therefore, the subject is regarded,
whether as a question of express or imphed power, the conclusion is the
same, that Congress has no constitutional authority to carry on a system
of internal improvements; and in this conviction the system has been
steadily opposed by the soundest expositors of the functions of the Gov-
ernment.

It is not to be supposed that in no conceivable case shall there be doubt
as to whether a given object be or not a necessary incident of the mili-
tary, naval, or any other power. As man is imperfect, so are his methods
of uttering his thoughts. Human language, save in expressions for the
exact sciences, must always fail to preclude all possibility of controversy.
Hence it is that in one branch of the subject — the question of the power
of Congress to make appropriations in aid of navigation — there is less of
positive conviction than in regard to the general subject; and it therefore
seems proper in this respect to revert to the history of the practice of the
Government.

Among the very earliest acts of the first session of Congress was that
for the estabhshment and support of light-houses, approved by President
Washington on the 7th of August, 1789, which contains the following
provisions:

That all expenses which shall accrue from and after the 15th day of August, 17S9,
in the necessary support, maintenance, and repairs of all light-houses, beacons, buoys,
and public piers erected, placed, or sunk before the passing of this act at the en-
trance of or within any bay, inlet, harbor, or port of tlie United States, for rendering
the navigation thereof easy and safe, shall be defrayed out of the Treasurj- of the
United States: Provided, nevertheless. That none of the said expenses shall continue
to be so defrayed after the expiration of one year from the day aforesaid unless such
light-houses, Ijeacons, buoys, and public piers shall in the meantime be ceded to and
vested in the United States by the State or States, respectively, in which the same
may be, together with the lands and tenements thereunto belonging and together
with the jurisdiction of the same.

Acts containing appropriations for this class of public works were
pas.sed in 1791, 1792, 1793, and .so on from year to year down to the
present time; and the tenor of these acts, when examined with reference
to other parts of the subject, is worthy of s{)ecial consideration.

It is a remarkable fact that for a jK^riod of more than thirty years
after the adoption of the Constitution all appropriations of tliis class
were confined, with .scarcely an apparent exception, to the construction
of light-houses, Ix^acons, ])Uoys. and pul)lic piers and the .stakage ot
channels; to render navigation ".safe and easy," it is true, hut onl\- by
indicating to the navigator ol)stacles in his way, not by rcino\iiig tliose
obstacles nor in any other resjx^ct changing, artificially, the preexisting
natural condition of the eartli and sea. It is ol)\ious, however, tliat
works of art for the removal of natural iniiK-dinients to na\igation, or

264 Messages and Papers of the Presidents

to prevent their formation, or for supplying harbors where these do not
exist, are also means of rendering navigation safe and easy, and may in
supposable cases be the most efficient, as well as the most economical,
of such means. Nevertheless, it is not until the year 1824 that in an
act to improve the navigation of the rivers Ohio and Mississippi and in
another act making appropriations for deepening the channel leading
into the harbor of Presque Isle, on Lake Erie, and for repairing Plym-
outh lieach. in Massachusetts Bay, we have any example of an appropri-
ation for the improvement of barters in the nature of those provided for
in the bill returned Ijy me to the House of Representatives.

It appears not probable that the abstinence of Congress in this respect
is attributable altogether to considerations of economy or to any failure
to perceive that the removal of an obstacle to navigation might be not
less useful than the indication of it for avoidance, and it may be well
assumed that the course of legislation so long pursued w^as induced, in
whole or in part, by solicitous consideration in regard to the constitu-
tional power over such matters vested in Congress.

One other peculiarit}' in this course of legislation is not less remarka-
ble. It is that when the General Government finst took charge of light-
houses and beacons it required the works themselves and the lands
on which they were situated to be ceded to the United States. And
although for a time this precaution was neglected in the case of new
works, in the sequel it w-as provided by general laws that no light-house
should be constructed on anj' site previous to the jurisdiction over the
.same being ceded to the United. States.

Constitutional authority for the construction and. support of many of
the public works of this nature, it is certain, maj' be found in the power
of Congress to maintain a nav}' and provide for the general defense; but
their number, and in many instances their location, preclude the idea of
their being fully justified as necessary and proper incidents of that power.
And they do not seem .susceptible of being referred to any other of the
specific powers vested in Congress by the Constitution, unless it be that
to raise revenue in so far as this relates to navigation. The practice
under all my predecessors in office, the express admissions of some of
them, and absence of denial by any sufficiently manifest their belief that
t4ie power to erect light -hou.ses, beacons, and piers is possessed by the
General Government. In the acts of Congress, as we have already .seen,
the inducement and object of the appropriations are expressly declared,
tho.se appropriations being for "light-houses, beacons, buoys, and public
piers" erected or placed "within any bay, inlet, harbor, or port of the
United States for rendering the navigation thereof easy and .safe. ' '

If it be contended that this review of the history of appropriations of
this class leads to the inference that, beyond the purposes of national
defense and maintenance of a navy, there is authority in the Constitution
to construct certain works in aid of navigation, it is at the same time to

Franklin Pierce 265

be remembered that the conclusions thus deduced from cotemporaneous
construction and long-continued acquiescence are themselves directly sug-
gestive of limitations of constitutionality, as well as expediency, regarding
the nature and the description of those aids to navigation which Con-
gress may provide as incident to the revenue power; for at this point
controversy begins, not so much as to the principle as to its application.

In accordance with long-established legislative usage, Congress may
construct light-houses and beacons and provide, as it does, other means
to prevent shipwrecks on the coasts of the United States. But the Gen-
eral Government can not go beyond this and make improvements of
rivers and harbors of the nature and to the degree of all the provisions
of the bill of the last session of Congress.

To justify such extended power, it has l^een urged that if it be consti-
tutional to appropriate money for the purpose of pointing out, by the
construction of light-houses or beacons, where an obstacle to navigation
exists, it is equall}^ so to remove such obstacle or to avoid it by the crea-
tion of an artificial channel; that if the object be lawful, then the means
adopted solely with reference to the end must be lawful, and that there-
fore it is not material, constitutionally speaking, whether a given obstruc-
tion to navigation be indicated for avoidance or be actually avoided by
excavating a new channel; that if it be a legitimate object of expendi-
ture to preserve a ship from wreck l^y means of a l^eacon or of re\"enue
cutters, it must h& not less so to provide places of safety by the improve-
ment of harbors, or, where none exist, by their artificial construction;
and thence the argument naturally passes to the propriety of improving
rivers for the benefit of internal navigation, because all these objects are
of more or less importance to the conmiercial as well as the naval inter-
ests of the United States.

The answer to all this is that the question of opening speed}' and easy
communication to and through all parts of the country is substantially
the .same, whether done by land or water; that the uses of roads and
canals in facilitating commercial intercourse and uniting by connnunity
of interests the most remote quarters of the country by land comnuniica-
tion are the .same in their nature as the uses of navigable waters; and
that therefore the question of the facilities and aids to be provided to
navigation. l)y what.soever means, is Init a subdivision of the great (jues-
tioti of the constitutionality and expediency of internal imi^roveincnts l)y
the General Government. In confirmation of this it is to be nMiiarked
that one of the most inqx)rtant acts of appro]>riation of this class, that
of the year i'S33, luuler the Administration of President Jackson, by in-
cluding together and ]>rovi(ling for in one bill as well river and harbor
works as road works, impliedly recognizes the fact that the\ arc alike
branches of the .same great subject of internal ini])rovenients.

As the poi)ulation. territory, and wealth of the comitry increased and
settlements extended into remote regions, the necessity for additional

266 Messages and Papers of the Presidents

means of communication impressed itself upon all minds with a force
which had not been experienced at the date of the formation of the Con-
stitution, and more and more embarrassed those who were most anxious
to abstain scrupulously from any exercise of doubtful power. Hence
the recognition in the messages of Presidents Jefferson, Madison, and
Monroe of the eminent desirableness of such works, with admission
that some of them could lawfully and should be conducted by the Gen-
eral Government, but with obvious uncertainty of opinion as to the
line between such as are constitutional and such as are not, such as
ought to receive appropriations from Congress and such as ought to be
consigned to private enterprise or the legislation of the several States.

This uncertainty has not l^een removed by the practical working of our
institutions in later times; for although the acquisition of additional
territory and the application of steam to the propulsion of vessels have
greatly magnified the importance of internal commerce, this fact has at
the same time complicated the question of the power of the General Gov-
ernment over the present subject.

In fine, a careful review of the opinions of all m}' predecessors and of
the legislative history of the coinitry does not indicate any fixed rule by
which to decide what, of the infinite variety of possible river and harbor
improvements, are within the scope of the power delegated b}- the Con-
stitution; and the question still remains unsettled. President Jackson
conceded the constitutionalitj', under suitable circumstances, of the im-
provement of rivers and harbors through the agency of Congress, and
President Polk admitted the propriety of the establishment and support
by appropriations from the Treasury of light-houses, beacons, buoj'S, and
other improvements within the bays, inlets, and harbors of the ocean and
lake coasts immediately connected with foreign commerce.

But if the distinction thus made rests upon the differences between
foreign and domestic commerce it can not l^e restricted thereby to the
bays, inlets, and harbors of the oceans and lakes, because foreign com-
merce has already penetrated thousands of miles into the interior of the
continent by means of our great rivers, and will continue so to extend
itself with the progress of settlement until it reaches the limit of naviga-
bility.

At the time of the adoption of the Constitution the vast Valley of the
Mississippi, now teeming with population and supplying almost bound-
less resources, was literalh- an unexplored wilderness. Our advancement
has outstripped even the most sanguine anticipations of the fathers of the
Republic, and it illustrates the fact that no rule is admissible which under-
takes to discriminate, so far as regards river and harbor improvements,
between the Atlantic or Pacific coasts and the great lakes and rivers of
the interior regions of North America. Indeed, it is quite erroneous to
suppose that any such discrimination has ever existed in the practice of
the Government. To the contrary of which is the significant fact, before

Franklin Pierce 267

stated, that when, after abstaining from all such appropriations for more
than thirty years, Congress entered upon the policy of improving the
navigation of rivers and harbors, it commenced with the rivers Missis-
sippi and Ohio.

The Congress of the Union, adopting in this respect one of the ideas of
that of the Confederation, has taken heed to declare from time to time, as
occasion required, either in acts for disposing of the public lands in the
Territories or in acts for admitting new States, that all navigable rivers
within the same ' ' shall be deemed to be and remain public highways. ' '

Out of this condition of things arose a question which at successive
periods of our public annals has occupied the attention of the best minds
in the Union. This question is. What waters are public navigable waters,
so as not to be of State character and jurisdiction, but of Federal juris-
diction and character, in the intent of the Constitution and of Congress?
A proximate, but imperfect, anewer to this important question is furnished
by the acts of Congress and the decisions of the Supreme Court of the
United States defining the constitutional limits of the maritime jurisdic-
tion of the General Government. That jurisdiction is entirely independ-
ent of the revenue power. It is not derived from that, nor is it measured
thereby.

In that act of Congress which, in the first year of the Government, or-
ganized our judicial system, and which, whether we look to the subject,
the comprehensive wi.sdom with which it was treated, or the deference
with which its provisions have come to be regarded, is only second to the
Constitution itself, there is a section in which the statesmen who framed
the Constitution have placed on record their construction of it in this
matter. It enacts that the district courts of the United States "shall
have exclusive cognizance of all civil cases of admiralty and maritime
juri.sdiction, including all seizures under the law of impost, navigation, or
trade of the United States, when the .seizures are made on waters which
are navigable from the .sea by vessels of 10 or more tons V)urden, within
their respective districts, as well as upon the high .seas." In this
cotemporaneous exposition of the Constitution there is no trace or sug-
gestion that nationality of jurisdiction is limited to the sea, or even to
tide waters. The law is marked by a sagacious apprehensicMi of the fact
that the Great Lakes and the Mis.sissippi were navigable waters of the
United States even then, Ixifore the acquisition of Louisiana had made
wholly our own the territorial greatness of the West. It rejiudiates ini-
equivocally the rule of the common law, according to which the (juestion
of whether a water is public navigable water or not depends on wliether
it is .salt or not, and therefore, in a river, confines that <iualit\ to tide
water — a rule resulting from the geographical condition of Ivn.^land and
applicable to an i.sland with .small and narrow streams, the only navi-
gable portion of which, for ships, is in immediate contact with the (KX'an.
but wholly inapplicable to the great inland fresh-water seas of America

268 Messages and Papers of the Presidents

and its mighty rivers, with secondary branches exceeding in magnitude
the largest rivers of Great Britain.

At a later period it is true that, in disregard of the more comprehen-
sive definition of navigability afforded by that act of Congress, it was for
a time held by many that the rule established for England was to be
received in the United States, the effect of which was to exclude from the
jurisdiction of the General Government not only the waters of the Mis-
sissippi, but also those of the Great Lakes. To this constrviction it was
with truth objected that, in so far as concerns the lakes, they are in fact
seas, although of fresh water; that they are the natural marine communi-
cations between a series of populous States and between them and the
possessions of a foreign nation; that they are actually navigated by ships
of commerce of the largest capacity; that the}- had once been and might
again be the scene of foreign war; and that therefore it was doing vio-
lence to all reason to undertake by means of an arbitrary doctrine of
technical foreign law to exclude such waters from the jurisdiction of the
General Government. In regard to the river Mississippi, it was objected
that to draw a line across that river at the point of ebb and flood of tide,
and say that the part below was public navigable water and the part
above not, while in the latter the water was at least equally deep and
navigable and its commerce as rich as in the former, with numerous ports
of foreign entry and delivery, was to sanction a distinction artificial and
unjust, because regardless of the real fact of navigabilitj-.

We may concei\'e that some such considerations led to the enactment
in the year 1845 of an act in addition to that of 1789, declaring that —

The district courts of the United States shall have, possess, and exercise the same
jurisdiction in matters of contract and tort arising in, upon, or concerning steam-
boats and other vessels of 20 tons burden and upward, enrolled and licensed for the
coasting trade and at the time employed in business of commerce and navigation
between ports and places in different States and Territories upon the lakes and navi-
galjle waters connecting said lakes, as is now possessed and exercised by the said
courts in cases of the like steamboats and other vessels employed in navigation and
commerce upon the high seas or tide waters within the admiralty and maritime juris-
diction of the United States.

It is observable that the act of 1789 applies the jurisdiction of the
United States to all ' ' waters which are navigable from the sea ' ' for ves-
sels of 10 tons burden, and that of 1845 extends the jurisdiction to
enrolled vessels of 20 tons burden, on the lakes and navigable waters
connecting said lakes, though not waters navigable from the sea, pro-
vided such vessels be employed between places in different States and
Territories.

Thus it appears that these provisions of law in effect prescribe con-
ditions by which to determine whether any waters are public navigable
waters, subject to the authority of the Federal Government. The con-
ditions include all waters, whether salt or fresh, and whether of sea,
lake, or river, provided they be capable of navigation by vessels of a

Franklin Pierce 269

certain tonnage, and for commerce either between the United States
and foreign countries or between any two or more of the States or Ter-
ritories of the Union. This excludes water wholh' within any particu-
lar State, and not used as the means of commercial communication with
any other State, and subject to be improved or obstructed at will by the
State within which it may happen to be.

The constitutionality of these provisions of statute has been called
in question. Their constitutionality has been maintained, however, by
repeated decisions of the Supreme Court of the United States, and they
are therefore the law of the land by the concurrent act of the legisla-
tive, the executive, and the judicial departments of the Government.
Regarded as affording a criterion of what is navigable water, and as such
subject to the maritime jurisdiction of the Supreme Court and of Con-
gress, these acts are objectionable in this, that the rule of navigabilit}^ is
an arbitrary one, that Congress may repeal the present rule and adopt
a new one, and that thus a legislative definition will be able to restrict
or enlarge the limits of constitutional power. Yet this variableness of
standard seems inherent in the nature of things. At any rate, neither
the First Congress, composed of the statesmen of the era when the Con-
stitution was adopted, nor any subsequent Congress has afforded us the
means of attaining greater precision of construction as to this part of
the Constitution.

This reflection may serv^e to relieve from undeserved reproach an idea
of one of the greatest men of the Republic — President Jackson. He,
seeking amid all the difficulties of the subject for some practical rule of
action in regard to appropriations for the improvement of rivers and har-
bors, prescribed for his own official conduct the rule of confining such
appropriations to ' ' places below the ports of entry or deliver)^ established
by law." He saw clearly, as the authors of the above-mentioned acts of
1789 and 1845 did, that there is no inffexible natural line of discrimina-
tion between what is national and what local by means of which to deter-
mine absolutely and unerringly at what point on a river the jurisdiction
of the United States shall end. He perceived, and of course admitted,
that the Constitution, while conferring on the General Government some
power of action to render navigation safe and eas}'. had of necessity left
to Congress much of discretion in this matter. He confided in the
patriotism of Congress to exercise that discretion wisely, not ])erniitling
himself to suppose it possible that a port of entry or delivery would ever
l)c established by law for the express and only puri)osc of evading the
Constitution.

It remains, therefore, to consider the question of the measure of discre-
tion in the exercise by Congress of the power to provide for the iinpro\c-
ment of rivers and harlx)rs. and also that of the legitimate rc'si)()iisil)ility
of the Executive in the same relation.

In matters of legislation of the most un(iue.stionable constitutionality

270 Messages and Papers of the Presidents

it is always material to consider what amount of public money shall be
appropriated for any particular object. The same consideration applies
with augmented force to a class of appropriations which are in their
nature peculiarly prone to run to excess, and which, being made in the
exercise of incidental powers, have intrinsic tendency to overstep the
bounds of constitutionality.

If an appropriation for improving the navigability of a river or deepen-
ing or protecting a harbor have reference to military or naval purposes,
then its rightfulness, whether in amount or in the objects to which it is
applied, depends, manifestly, on the miUtary or naval exigency; and the
subject-matter affords its own measure of legislative discretion. But if
the appropriation for such an object have no distinct relation to the mili-
tary or naval wants of the country, and is wholly, or even mainly, intended
to promote the revenue from commerce, then the very vagueness of the
proposed purpose of the expenditure constitutes a perpetual admonition
of reserve and caution. Through disregard of this it is undeniable that
in many cases appropriations of this nature have been made unwisely,
without accomplishing beneficial results commensurate with the cost, and
sometimes for evil rather than good, independently of their dubious rela-
tion to the Constitution.

Among the radical changes of the course of legislation in these mat-
ters which, in my judgment, the public interest demands, one is a return
to the primitive idea of Congress, which required in this class of public
works, as in all others, a conveyance of the soil and a cession of the
jurisdiction to the United States. I think this condition ought never to
have been waived in the case of any harbor improvement of a permanent
nature, as where piers, jetties, sea walls, and other like works are to be
constructed and maintained. It would powerfully tend to counteract
endeavors to obtain appropriations of a local character and chiefl}' calcu-
lated to promote individual interests. The want of such a provision is
the occasion of abuses in regard to existing works, exposing them to
private encroachment without sufficient means of redress by law. In-
deed, the absence in such cases of a cession of jurisdiction has consti-
tuted one of the constitutional objections to appropriations of this class.
It is not easy to perceive any sufficient reason for requiring it in the case
of arsenals or forts which does not equally apply to all other public
works. If to be constructed and maintained by Congress in the exercise
of a constitutional power of appropriation, they should be brought within
the jurisdiction of the United States.

There is another measure of precaution in regard to such appropriations
which seems to me to be worthy of the consideration of Congress. It is
to make appropriation for every work in a separate bill, so that each one
shall stand on its own independent merits, and if it pass shall do so under
circumstances of legislative scrutiny entitling it to be regarded as of gen-
eral interest and a proper subject of charge on the Treasury of the Union.

Franklin Pierce 271

During that period of time in which the countn^ had not come to look
to Congress for appropriations of this nature several of the States whose
productions or geographical position invited foreign commerce had en-
tered upon plans for the improvement of their harbors by themselves and
through means of support drawn directly from that commerce, in virtue
of an express constitutional power, needing for its exercise onh' the per-
mission of Congress. Harbor improvements thus constructed and main-
tained, the expenditures upon them being defrayed by the very facilities
they afford, are a voluntary charge on those only who see fit to avail them-
selves of such facilities, and can be justly complained of by none. On the
other hand, so long as these improvements are carried on by appropria-
tions from the Treasury the benefits will continue to inure to those alone
who enjo)^ the facilities afforded, while the expenditure will be a burden
upon the whole country and the discrimination a double injury to places
equally requiring improvement, but not equally favored by appropriations.

These considerations, added to the embarrassments of the whole ques-
tion, amply suffice to suggest the policy of confining appropriations by
the General Government to works necessary to the execution of its
undoubted powers and of leaving all others to individual enterprise
or to the separate States, to be provided for out of their own resources or
by recurrence to the provision of the Constitution which authorizes the
States to lay duties of tonnage with the consent of Congress.

FRANKLIN PIERCE.

PROCLAMATIONS.
By the President of the United St.vtes.

A PROCLAMATION.

Whereas information has been received by me that an unlawful exjx;-
dition has been fitted out in the State of California with a view to invade
Mexico, a nation maintaining friendly relations with the United States,
and that other expeditions are organizing within the United States for
the same unlawful purpose; and

Whereas certain citizens and inhabitants of this country, unmindful of
their obligations and duties and of the rights of a friendly innver, have
participated and are alx)ut to participate in these enterprises, so deroga-
tory to our national character and so threatening to our tran(|uillit\'. and
are thereby incurring the severe penalties imposed by law against snch
offenders:

Now, therefore, I, Franklin Pierce. President of the United States.
have issued tliis my proclamation, warning all persons who shall connect

272 Messages and Papers of the Presidents

themselves with any such enterprise or expedition that the penalties of
the law denounced against such criminal conduct will be rigidly enforced;
and I exhort all good citizens, as they regard our national character, as
they respect our laws or the law of nations, as they value the blessings
of peace and the welfare of their country, to discountenance and by all
lawful means prevent such criminal enterprises; and I call upon all offi-
cers of this Government, civil and military, to use any efforts which may
be in their power to arrest for trial and punishment every such offender.
Given under my hand and the seal of the United States, at Washing-
ton, this i8th day of January, A. D. 1854, and the seventy-
[SEAL.J eighth of the Independence of the United States.

FRANKUN PIERCE.
By the President:

W. L. Marcy,

Secretary of State.

By the President of the United States.

A PROCLAMATION.

Whereas information has been received that sundry persons, citizens
of the United States and others residing therein, are engaged in organ-
izing and fitting out a military expedition for the invasion of the island
of Cuba; and

Whereas the said undertaking is contrary to the spirit and express
stipulations of treaties between the United States and Spain, derogatory
to the character of this nation, and in violation of the obvious duties and
obligations of faithful and patriotic citizens; and

Whereas it is the duty of the constituted authorities of the United
States to hold and maintain the control of the great question of peace or
war, and not suffer the same to be lawlessly complicated under any pre-
tense whatever; and

Whereas to that end all private enterprises of a hostile character within
the United States against any foreign power with which the United States
are at peace are forbidden and declared to be a high misdemeanor by an
express act of Congress:

Now, therefore, in virtue of the authority vested by the Constitution
in the President of the United States, I do issue this proclamation to
warn all persons that the General Government claims it as a right and
duty to interpose itself for the honor of its flag, the rights of its citi-
zens, the national security, and the preservation of the public tranquillity,
from whatever quarter menaced, and it will not fail to prosecute with
due energy all tho.se who, unmindful of their own and their country's
fame, presume thus to disregard the laws of the laud and our treaty
obligations.

Frajtkli7i Pierce 273

I earnestly exhort all good citizens to discountenance and prevent any
movement in conflict with law and national faith, especially charging
the several district attorneys, collectors, and other officers of the United
States, civil or militarj^ having lawful power in the premises, to exert
the same for the 'purpose of maintaining the authority and preserving the
peace of the United States.

Given under my hand and the seal of the United States, at Washing-
ton, the 31st day of May, A. D. 1854, and the seventj^-eighth
'- J of the Independence of the United States.

FRANKLIN PIERCE.
By the President:

W. ly. Marcy,

Secretary of State.

SECOND ANNUAL MESSAGE.

Washingtox, December /, 185^.
Fellow- Citizens of tfie Senate and of the House of Representatives:

The past has been an eventful year, and will l)e hereafter referred to as
a marked epoch in the history of the world. While we have been hap-
pily preserved from the calamities of war, our domestic prosperity has
not teen entirely uninterrupted. The crops in portions of the country
have been nearly cut off. Disease has prevailed to a greater extent than
usual, and the sacrifice of human life through casualties by sea and land
is without parallel. But the pestilence has swept by, and restored salu-
brity invites the absent to their homes and the return of Inisiness to
its ordinarj^ channels. If the earth has rewarded the labor of the hu.s-
bandman less bountifully than in preceding seasons, it has left him with
abundance for domestic wants and a large surplus for exportation. In
the present, therefore, as in the past, we find ample grounds for reverent
thankfulne.ss to the God of grace and providence for His protecting care
and merciful dealings with us as a people.

Although our attention has been arrested by painful interest in pass-
ing events, yet our country feels no more than the slight vibrations of
the convulsions which have shaken Eurojie. As individuals we can not
repress sympathy with human suffering nor regret for the causes wliicli
pro<luce it; as a nation we are reminded that whatever interruiits the
peace or checks the pro.sperity of any part of Christendom tends more
or less to involve our own. The condition of States is not unlike that ol"
individuals; they are mutually dependent upon each other, .\niicable
relations between them and reciprocal g<x)d will are essential for the
promotion of whatever is desira])le in their moral, S(K'ial, and iK)!itical
M P— VOL v— 18

274 Messages and Papers of the Presidents

condition. Hence it has been my earnest endeavor to maintain peace
and friendly intercourse with all nations.

The wise theory of this Government, so early adopted and steadily
pursued, of avoiding all entangling alliances has hitherto exempted it
from many complications in which it would otherwise have become
involved. Notwithstanding this our clearly defined and well-sustained
cour.se of action and our geographical position, so remote from Europe,
increasing disposition has been manifested by some of its Governments
to supervise and in certain respects to direct our foreign policy. In
plans for adjusting the balance of power among themselves they have
assumed to take us into account, and would constrain us to conform our
conduct to their views. One or another of the powers of Europe has
from time to time undertaken to enforce arbitrary regulations contrary
in many respects to established principles of international law. That
law the United States have in their foreign intercourse uniformly re-
spected and observed, and they can not recognize any such interpolations
therein as the temporary interests of others may suggest. They do not
admit that the sovereigns of one continent or of a particular community
of states can legislate for all others.

Leaving the transatlantic nations to adjust their political system in
the way they may think best for their common welfare, the independent
powers of this continent may well assett the right to be exempt from all
annoying interference on their part. Systematic abstinence from inti-
mate political connection with distant foreign nations does not conflict
with giving the widest range to our foreign commerce. This distinc-
tion, so clearly marked .in history, seems to have been overlooked or dis-
regarded by some leading foreign states. Our refusal to be brought
within and subjected to their peculiar system has, I fear, created a jeal-
ous distrust of our conduct and induced on their part occasional acts of
disturbing effect upon our foreign relations. Our present attitude and
past course give assurances, which should not be questioned, that our
purposes are not aggressive nor threatening to the safety and welfare of
other nations. Our military estabhshment in time of peace is adapted
to maintain exterior defenses and to preserv^e order among the aboriginal
tribes within the limits of the Union. Our naval force is intended only
for the protection of our citizens abroad and of our commerce, diffused,
as it is, over all the seas of the globe. The Government of the United
States, being essentially pacific in policy, stands prepared to repel inva-
sion by the voluntary service of a patriotic people, and provides no per-
manent means of foreign aggression. These considerations should allay
all apprehension that we are disposed to encroach on the rights or en-
danger the security of other states.

Some European powers have regarded with disquieting concern the
territorial expansion of the United States. This rapid growth has re-
sulted from the legitimate exercise of sovereign rights belonging alike

Franklin Pierce 275

to all nations, and by many liberally exercised. Under such circum-
stances it could hardly have been expected that those among them which
have within a comparatively recent period subdued and absorbed ancient
kingdoms, planted their standards on every continent, and now possess
or claim the control of the islands of every ocean as their appropriate
domain would look with unfriendly sentiments upon the acquisitions of
this countr>', in every instance honorably obtained, or would feel them-
selves justified in imputing our advancement to a spirit of aggression or
to a passion for political predominance.

Our foreign commerce has reached a magnitude and extent nearly
equal to that of the first maritime power of the earth, and exceeding that
of any other. Over this great interest, in which not only our merchants,
but all classes of citizens, at least indirectly, are concerned, it is the duty
of the executive and legislative branches of the Government to exercise
a careful supervision and adopt proper measures for its protection. The
policy which I had in view in regard to this interest embraces its future
as well as its present security. Long experience has shown that, in
general, when the principal powers of Europe are engaged in war the
rights of neutral nations are endangered. This consideration led, in
the progress of the War of our Independence, to the formation of the
celebrated confederacy of armed neutrality, a primary object of which
was to assert the doctrine that free ships make free goods, except in the
case of articles contraband of war — a doctrine which from the very com-
mencement of our national being has been a cherished idea of the states-
men of this country. At one period or another every maritime power
has by .some .solemn treaty stipulation recognized that principle, and it
might have been hoped that it would come to be universally received
and respected as a rule of international law. But the refusal of one
power prevented this, and in the next great war which ensued — that of
the French Revolution — it failed to l)e respected among the l^elligerent
States of Euroi:)e. Notwithstanding this, the principle is generally ad-
mitted to be a .sound and salutary one, so much so that at the commence-
ment of the existing war in Europe Great Britain and France announced
their purpose to observe it for the present; not, however, as a recognized
international right, but as a mere concession for the time being. The
cooperation, however, of the.se two powerful maritime nations in the in-
terest of neutral rights apjxiared to me to afford an occasion inviting and
justifying on the part of the United vStates a renewed effort to make tlie
dcxrtrine in cjuestion a princij>le of international law, by means of s])ccial
conventions Ix'tween the several jx)wers of ICurope and America. Ac-
cordingly, a propo.sition embracing not only the rule that free ships in;ike
free goods, except contraband articles, but also the less contested one that
neutral property other than contraband, though on board enemy's shi])s,
shall be exempt from confi.scalion, lias been submitted by this tio\ern-
ment to those of Europe and America.

276 Messages and Papers of the Presidents

Russia acted promptly in this matter, and a convention was concluded
between that country and the United States providing for the observance
of the principles amiounced, not only as between themselves, but also as
between them and all other nations which shall enter into like stipula-
tions. None of the other powers have as yet taken final action on the
subject. I am not aware, however, that any objection to the proposed
stipulations has been made, but, on the contrary, they are acknowledged
to be essential to the security of neutral commerce, and the only appar-
ent obstacle to their general adoption is in the possibility that it may be
encumbered by inadmissible conditions.

The King of the Two Sicilies has expressed to our minister at Naples
his readiness to concur in our proposition relative to neutral rights and
to enter into a convention on that subject.

The King of Prussia entirely approves of the project of a treaty to the
same effect submitted to him, but proposes an additional article provid-
ing for the renunciation of privateering. Such an article, for most ob-
vious reasons, is much desired by nations having naval establishments
large in proportion to their foreign commerce. If it were adopted as an
international rule, the commerce of a nation having comparatively a
small naval force would be very much at the mercy of its enemy in case
of war with a power of decided naval superiority. The bare statement of
the condition in which the United States would be placed, after having
surrendered the right to resort to privateers, in the event of war with a
belligerent of naval supremacy will show that this Government could
never listen to such a proposition. The navy of the first maritime power
in Europe is at least ten times as large as that of the United States.
The foreign conmierce of the two countries is nearly equal, and about
equally exposed to hostile depredations. In war between that power
and the United States, without resort on our part to our mercantile
marine the means of our enemy to inflict injury upon our commerce
would be tenfold greater than ours to retaliate. We could not extricate
our country from this unequal condition, with such an enemy, unless we
at once departed from our present peaceful policy and became a great
naval power. Nor would this country be better situated in war with
one of the secondary naval powers. Though the naval disparity would
be less, the greater extent and more exposed condition of our widespread
commerce would give any of them a like advantage over us.

The proposition to enter into engagements to forego a resort to priva-
teers in case this country should be forced into war with a great naval
power is not entitled to more favorable consideration than would be a
proposition to agree not to accept the services of volunteers for operations
on land. When the honor or the rights of our country require it to as-
sume a hostile attitude, it confidently relies upon the patriotism of its citi-
zens, not ordinarily devoted to the military profession, to augment the
Army and the Navy so as to make them fully adequate to the emergency

Franklin Pierce 277

which calls them into action. The proposal to surrender the right to
employ privateers is professedly founded upon the principle that private
property of unoffending noncombatants, though enemies, should be ex-
empt from the ravages of war; but the proposed surrender goes but little
way in carr>nng out that principle, which equally requires that such pri-
vate property should not be seized or molested by national ships of war.
Should the leading powers of Europe concur in proposing as a rule of
international law to exempt private property upon the ocean from seizure
by public armed cruisers as well as by priv^ateers, the United States will
readily meet them upon that broad ground.

Since the adjournment of Congress the ratifications of the treaty be-
tween the United States and Great Britain relative to coast fisheries and
to reciprocal trade with the British North American Provinces have been
exchanged, and some of its anticipated advantages are already enjo3'ed
by us, although its full execution was to abide certain acts of legislation
not yet fully performed. So soon as it was ratified Great Britain opened
to our connnerce the free navigation of the river St. Lawrence and to
our fishermen unmolested access to the shores and bays, from which they
had been previously excluded, on the coasts of her North American Prov-
inces; in return for which she asked for the introduction free of duty into
the ports of the United States of the fish caught on the same coast by
British fishermen. This being the compensation stipulated in the treaty
for privileges of the highest importance and value to the United States,
which were thus voluntarily yielded before it became effective, the re-
quest seemed to me to be a reasonable one; but it could not be acceded
to from want of authority to suspend our laws imposing duties upon all
foreign fish. In the meantime the Treasury Department issued a regu-
lation for ascertaining the duties paid or secured by bonds on fish caught
on the coasts of the British Provinces and brought to our markets by
British subjects after the fishing grounds had been made fulh' accessible
to the citizens of the United States. I recommend to your favorable
consideration a proposition, which will be submitted to you, for authority
to refund the duties and cancel the IxDuds thus received. The Provinces
of Canada and New Brunswick have also anticipated the full operation
of the treaty by legislative arrangements, respectively, to admit free of
duty the products of the United States mentioned in the free list of the
treaty; and an arrangement similar to that regarding British fish has
been made for duties now chargeable on the ]iroducts of those Provinces
enumerated in the same free list and introduced therefrom into the
United States, a proposition for refunding which will, in my judgment,
be in like manner entitled to your favorable consideration.

There is difference of opinion Ix^tween the United States and Great
Britain as to the lx)undary line of the Territory of Wasliington adjoining
the Briti.sh possessions on the Pacific, which has already led to difficulties
ou the part of the citizens and local authorities of the two Governments.

278 Messages and Papers of the Presidents

I recommend that provision be made for a commission, to be joined by
one on the part of Her Britannic Majesty, for the purpose of running and
estabhshing the line in controversy. Certain stipulations of the third
and fourth articles of the treaty concluded by the United States and
Great Britain in 1846, regarding possessory rights of the Hudsons Bay
Company and property of the Pugets Sound Agricultural Company, have
given rise to serious disputes, and it is important to all concerned that
summary means of settling them amicably should be devised. I have
reason to believe that an arrangement can be made on just terms for
the extinguishment of the rights in question, embracing also the right
of the Hudsons Bay Company to the navigation of the river Columbia;
and I therefore suggest to your consideration the expediency of making
a contingent appropriation for that purpose.

France was the earl}^ and efficient ally of the United States in their
struggle for independence. From that time to the present, with occasional
slight interruptions, cordial relations of friendship have existed between
the Governments and people of the two countries. The kindly senti-
ments cherished alike by both nations have led to extensive social and
commercial intercourse, which I trust will not be interrupted or checked
by an}' casual event of an apparently unsatisfactory character. The
French consul at San Francisco was not long since brought into the
United States district court at that place hy compulsory process as a wit-
ness in favor of another foreign consul, in violation, as the French Gov-
ernment conceives, of his privileges under our consular convention with
France. There being nothing in the transaction which could imply any
disrespect to France or its consul, such explanation has been made as, I
hope, will be satisfactory. Subsequently misunderstanding arose on the
subject of the French Government having, as it appeared, abruptlj^ ex-
cluded the American minister to Spain from passing through France on
his way from I^ondon to Madrid. But that Government has unequivo-
cally disavowed any design to deny the right of transit to the minister of
the United States, and after explanations to this effect he has resumed his
journey and actually returned through France to Spain. I herewith lay
before Congress the correspondence on this subject between our envoy
at Paris and the minister of foreign relations of the French Government.

The position of our affairs with Spain remains as at the close of the last
session. Internal agitation, assuming very nearly the character of polit-
ical revolution, has recently convulsed that country. The late ministers
were violently expelled from power, and men of very different views in
relation to its internal affairs have succeeded. Since this change there
has been no propitious opportunity to resume and press on negotiations
for the adjustment of serious questions of difficulty between the Spanish
Government and the United States. There is reason to believe that our
minister will find the present Government more favorably inclined than
the preceding to comply with our just demands and to make suitable

Franklin Pierce 279

arrangements for restoring harmony and preserving peace between the
two countries.

Negotiations are pending with Denmark to discontinue the practice of
lev>'ing tolls on our vessels and their cargoes passing through the Sound.
I do not doubt that we can claim exemption therefrom as a matter of
right. It is admitted on all hands that this exaction is sanctioned, not by
the general principles of the law of nations, but only by special conven-
tions which most of the commercial nations have entered into with Den-
mark. The fifth article of our treaty of 1826 with Denmark provides
that there shall not be paid on the vessels of the United States and tlieii
cargoes when passing through the Sound higher duties than those of the
most favored nations. This may be regarded as an implied agreement to
submit to the tolls during the continuance of the treaty, and consequently
may embarrass the assertion of our right to l)e released therefrom. There
are also other provisions in the treat}' which ought to be modified. It
was to remain in force for ten 3'ears and until one year after either party
should give notice to the other of intention to terminate it. I deem it
expedient that the contemplated notice should be given to the Govern-
ment of Denmark.

The naval expedition dispatched about two years since for the pur-
pose of establishing relations with the Empire of Japan has been ably and
skillfully conducted to a successful termination by the officer to whom
it was intrusted. A treaty opening certain of the ports of that populous
country has been negotiated, and in order to give full effect thereto it
only remains to exchange ratifications and adopt requisite commercial
regulations.

The treaty lately concluded between the United States and Mexico
settled .some of our most embarrassing difficulties with that country-, but
numerous claims upon it for wrongs and injuries to our citizens remained
unadjusted, and many new ca.ses have been recently added to the former
list of grievances. Our legation has been earnest in its endeavors to
obtain from the Mexican Government a favorable consideration of the.se
claims, but hitherto without success. This failure is probably in .some
mea.sure to Ije a.scril)ed to the di.sturbed condition of that country. It
has been my anxious desire to maintain friendly relations with the Mexi-
can Republic and to cause its rights and territories to l)e res]iected, not
only by our citizens, but by foreigners who have resorted to tlie I'nited
States for the purpose of organizing hostile exi)editions against some of
the States of that Republic. The defenseless condition in which its fron-
tiers have l)een left has .stimulated lawless adventurers to embark in the.se
enterpri.ses and greatly increa.sed the difficulty of enforcing our obhga-
tions of neutrality. Regarding it as my solemn duty to fulfill efficiently
these obligations, not only toward Mexico, but other foreign nations,
I have exerted all tlie ix)wers with which I am invested to defeat such
proceedings and bring to punislmient those who by taking a part therein

28o Messages and Papers of the Presidents

violated our laws. The energy and activity of our civil and military
authorities have frustrated the designs of those who meditated expedi-
tions of this character except in two instances. One of these, composed
of foreigners, was at first countenanced and aided by the Mexican Gov-
ernment itself, it having been deceived as to their real object. The
other, small in number, eluded the vigilance of the magistrates at San
Francisco and succeeded in reaching the Mexican territories; but the
effective measures taken by this Government compelled the abandon-
ment of the undertaking.

The commission to establish the new line between the United States and
Mexico, according to the provisions of the treaty of the 30th of December
last, has been organized, and the work is already commenced.

Our treaties with the Argentine Confederation and with the Republics
of Uruguay and Paraguay secure to us the free navigation of the river
La Plata and some of its larger tributaries, but the same success has not
attended our endeavors to open the Amazon. The reasons in favor of
the free use of that river I had occasion to present fully in a former
message, and, considering the cordial relations which have long existed
between this Government and Brazil, it may be expected that pending-
negotiations will eventually reach a favorable result.

Convenient means of transit between the several parts of a country are
not only desirable for the objects of commercial and personal communica-
tion, but essential to its existence under one government. Separated, as
are the Atlantic and Pacific coasts of the United States, by the whole
breadth of the continent, still the inhabitants of each are closely bound
together by community of origin and institutions and by strong attach-
ment to the Union. Hence the constant and increasing intercourse and
vast interchange of commercial productions between these remote divi-
sions of the Republic. At the present time the most practicable and only
commodious routes for communication between them are by the way of
the isthmus of Central America. It is the duty of the Government to
secure these avenues against all danger of interruption.

In relation to Central America, perplexing questions existed between
the United States and Great Britain at the time of the cession of Cali-
fornia. These, as well as questions which subsequently arose concerning
interoceanic communication across the Isthmus, were, as it was supposed,
adjusted by the treaty of April 19, 1850, but, unfortunately, they have
been reopened by .serious misunderstanding as to the import of some of
its provisions, a readjustment of which is now under consideration. Our
minister at London has made strenuous efforts to accomplish this desir-
able object, but has not yet found it possible to bring the negotiations to
a termination.

As incidental to these questions, I deem it proper to notice an occur-
rence which happened in Central America near the close of the last ses-
sion of Congress. So soon as the necessity was perceived of establishing

Franklin Pierce 281

interoceanic communications across the Isthmus a company was organ-
ized, under the authority of the State of Nicaragua, but composed for
the most part of citizens of the United States, for the purpose of opening
such a transit way by the river San Juan and Lake Nicaragua, which
soon became an eligible and much used route in the transportation of
our citizens and their property between the Atlantic and Pacific. Mean-
while, and in anticipation of the completion and importance of this transit
way, a number of adventurers had taken possession of the old Spanish
port at the mouth of the river San Juan in open defiance of the State or
States of Central America, which upon their becoming independent had
rightfully succeeded to the local sovereignty and jurisdiction of Spain.
These adventurers undertook to change the name of the place from San
Juan del Norte to Greytown, and though at first pretending to act as the
subjects of the fictitious sovereign of the Mosquito Indians, they subse-
quently repudiated the control of an 3' power whatever, assumed to adopt
a distinct political organization, and declared themselves an independent
sovereign state. If at some time a faint hope was entertained that they
might become a stable and respectable community, that hope soon van-
ished. They proceeded to assert unfounded claims to civil jurisdiction
over Punta Arenas, a position on the opposite side of the river San Juan,
which was in possession, under a title wholly independent of them, of
citizens of the United States interested in the Nicaragua Transit Com-
pany, and which was indispensably necessary to the prosperous operation
of that route across the Isthmus. The company resisted their groundless
claims, whereupon they proceeded to destroy some of its buildings and
attempted violently to dispossess it.

At a later period they organized a strong force for the purpose of
demolishing the establishment at Punta Arenas, but this mischievous
design was defeated by the interposition of one of our ships of war at
that time in the harlx)r of San Juan. Subsequently to this, in May la.st,
a body of men from Greytown crossed over to Punta Arenas, arrogating
authority to arrest on the charge of murder a captain of one of the .steam-
boats of the Transit Company. Being well aware that the claim to
exercise jurisdiction there would be resisted then, as it had been on pre-
vious occasions, they went prepared to assert it by force of arms. Our
minister to Central America happened to be present on that occasion.
Believing that the captain of the steamboat was innocent ( for he wit-
nes.sed the transaction on which the charge was founded ), and l>elie\ing
also that the intruding party, having no jurisdiction over the place
where they proposed to make the arrest, would encounter desperate
resistance if they persisted in their purpose, he inter])osed, efTectually.
to prevent violence and bloodshed. The American minister afterwards
visited Greytown, and whilst he was there a mob, including certain of
the so-called public functionaries of the i)lace, surrounded the house in
which he was, avowing that they had come to arrest him by order of

282 Messages and Papers of the Presidents

some person exercising the chief authority. While parlejdng with them
he was wounded by a missile from the crowd. A boat dispatched from
the American steamer Northern Light to release him from the perilous
situation in which he was understood to be was fired into by the town
guard and compelled to return. These incidents, together with the
known character of the population of Grey town and their excited state,
induced just apprehensions that the lives and property of our citizens at
Punta Arenas would be in imminent danger after the departure of the
steamer, with her passengers, for New York, unless a guard was left for
their protection. For this purpose, and in order to insure the safety of
passengers and property passing over the route, a temporary force was
organized, at considerable expense to the United States, for which provi-
sion was made at the last session of Congress.

This pretended community, a heterogeneous assemblage gathered from
various countries, and composed for the most part of blacks and persons
of mixed blood, had previously given other indications of mischievous
and dangerous propensities. Early in the same month property was
clandestinely abstracted from the depot of the Transit Company and
taken to Grey town. The plunderers obtained shelter there and their
pursuers were driven back hy its people, who not only protected the
wrongdoers and shared the plunder, but treated with rudeness and vio-
lence those who sought to recover their property.

Such, in substance, are the facts submitted to ni}' con.sideration, and
proved by trustworthy evidence. I could not doubt that the case de-
manded the interposition of this Government. Justice required that
reparation should be made for so many and such gross wrongs, and that
a course of insolence and plunder, tending directly to the insecurity of
the lives of numerous travelers and of the rich treasure belonging to our
citizens passing over this transit way, should be peremptorily arrested.
Whatever it might be in other respects, the community in question, in
power to do mischief, was not despicable. It was well provided with
ordnance, small arms, and ammunition, and might easily seize on the
unarmed boats, freighted with millions of property, which pas.sed almost
daily within its reach. It did not profess to belong to any regular gov-
ernment, and had, in fact, no recognized dependence on or connection
with anyone to which the United States or their injured citizens might
apply for redress or which could be held responsible in any way for the
outrages conunitted. Not standing before the world in the attitude of
an organized political society, being neither competent to exercise the
rights nor to discharge the obligations of a government, it was, in fact, a
marauding establishment too dangerous to be disregarded and too guilty
to pass unpunished, and yet incapable of being treated in any other way
than as a piratical re.sort of outlaws or a camp of savages depredating
on emigrant trains or caravans and the frontier settlements of civilized
states.

Franklin Pierce 283

Seasonable notice was given to the people of Gre3'to\vn that this Gov-
ernment required them to repair the injuries they had done to our citizens
and to make suitable apology for their insult of our minister, and that a
ship of war would be dispatched thither to enforce compliance with these
demands. But the notice passed unheeded. Thereupon a commander
of the Navy, in charge of the sloop of war Cyane, was ordered to repeat
the demands and to insist upon a compliance therewith. Finding that
neither the populace nor those assuming to have authority over them
manifested any disposition to make the required reparation, or even to
offer excuse for their conduct, he warned them by a public proclamation
that if the}^ did not give satisfaction within a time specified he would
bombard the town. By this procedure he afforded them opportunity to
prox-ide for their personal safety. To those also who desired to avoid
loss of property in the punishment about to be inflicted on the offending
town he furnished the means of removing their effects by the boats of
his own ship and of a steamer which he procured and tendered to them
for that purpo.se. At length, perceiving no di.sposition on the part of the
town to comply with his requisitions, he appealed to the commander of
Her Britannic Majesty's schooner Bermuda, who was seen to have inter-
course and apparently much influence with the leaders among them, to
interpose and persuade them to take some course calculated to save the
necessity of resorting to the extreme mea.sure indicated in his proclama-
tion; but that officer, instead of acceding to the request, did nothing more
than to protest against the contemplated bombardment. No steps of any
sort were taken by the people to give the satisfaction required. No
individuals, if any there were, who regarded themselves as not responsi-
ble for the mi.sconduct of the community adopted any means to .separate
themselves from the fate of the guilty. The .several charges on which
the demands for redress were founded had been publicly known to all for
some time, and were again announced to them. They did not deiu' any
of these charges; they offered no explanation, nothing in extenuation of
their conduct, l)ut contumaciously refused to hold any intercourse witli
the commander of the Cyatic. By their obstinate silence they .seemed
rather desirous to provoke chastisement than to escape it. There is
ample rea.son to Ix^lieve that this conduct of wanton defiance on their jxirt
is im])Utable chiefly to the delu.sive idea that the American Government
would be deterred from punishing them through fear of di.s]>leasiiig a
formidable foreign iK)wer, which they i)resumed to think looked willi
complacency upon their aggressive and insulting dejwrtment toward llie
United States. The Cyanc at length fired ujwn the town. Before much
injury had l)een done the fire was twice susix^ndcd in order to afford
opportunity for an arrangement, but this was declined. Most ot" the
buildings of the place, of little value generally, were in the se(iuel
destroyed, but, owing to the con.sideratc ])recautions taken by our naval
commander, there was no destruction of life.

284 Messages and Papers of the Presidents

When the Cyane was ordered to Central America, it was confidently-
hoped and expected that no occasion would arise for "a resort to vio-
lence and destruction of property and loss of life." Instructions to that
effect were given to her commander; and no extreme act would have
been requisite had not the people themselves, by their extraordinary con-
duct in the affair, frustrated all the possible mild measures for obtain-
ing satisfaction. A withdrawal from the place, the object of his visit
entirely defeated, would under the circumstances in which the com-
mander of the Cyane found himself have been absolute abandonment of all
claim of our citizens for indemnification and submissive acquiescence in
national indignity. It would have encouraged in these lawless men a
spirit of insolence and rapine most dangerous to the lives and property of
our citizens at Punta Arenas, and probably emboldened them to grasp at
the treasures and valuable merchandise continually passing over the Nica-
ragua route. It certainly would have been most satisfactory to me if the
objects of the Cyane' s mission could have been consummated without any
act of public force, but the arrogant contumacy of the offenders rendered
it impossible to avoid the alternative either to break up their establish-
ment or to leave them impressed with the idea that they might persevere
with impunity in a career of insolence and plunder.

This transaction has been the subject of complaint on the part of some
foreign powers, and has been characterized with more of harshness than
of justice. If comparisons were to be instituted, it would not be difficult
to present repeated instances in the history of states standing in the very
front of modern civilization where communities far less offending and
more defenseless than Greytown have been chastised with much greater
severity, and where not cities only have been laid in ruins, but human
life has been recklessly sacrificed and the blood of the innocent made pro-
fusely to mingle with that of the guilty.

Passing from foreign to domestic affairs, your attention is naturally
directed to the financial condition of the country, always a subject of gen-
eral interest. For complete and exact information regarding the finances
and the various branches of the public ser\ace connected therewith I refer
you to the report of the Secretary of the Treasury, from which it will
appear that the amount of revenue during the last fiscal year from all
sources was $73,549,705, and that the public expenditures for the same
period, exclusive of payments on account of the public debt, amounted to
$5 1 ,018,249. During the same period the payments made in redemption
of the public debt, including interest and premium, amounted to $24,336,-
380. To the sum total of the receipts of that year is to be added a bal-
ance remaining in the Treasury at the commencement thereof, amounting
to $2 1 ,942,892 ; and at the close of the same year a corresponding balance,
amounting to $20,137,967, of receipts above expenditures also remained
in the Treasury. Although, in the opinion of the Secretary of the Treas-
ury, the receipts of the current fiscal year are not likely to equal in amount

Franklin Pierce 285

those of the last, yet they will undoubtedly exceed the amount of ex-
penditures by at least $15,000,000. I shall therefore continue to direct
that the surplus revenue be applied, so far as it can be judiciously and
economically done, to the reduction of the public debt, the amount
of which at the commencement of the last fiscal year was $67,340,628; of
which there had been paid on the 20th day of November, 1854, the sum
of $22,365,172, leaving a balance of outstanding public debt of only
$44,975,456, redeemable at different periods within fourteen years. There
are also remnants of other Government stocks, most of which are already
due, and on which the interest has ceased, but which have not yet been
presented for payment, amounting to $233, 1 79. This statement exhibits
the fact that the annual income of the Government greatly exceeds the
amount of its public debt, which latter remains unpaid only because
the time of payment has not yet matured, and it can not be discharged
at once except at the option of public creditors, who prefer to retain
the securities of the United States; and the other fact, not less striking,
that the annual revenue from all sources exceeds by many millions of
dollars the amount needed for a prudent and economical administration
of the Government.

The estimates presented to Congress from the different Executive
Departments at the last session amounted to $38,406,581 and the appro-
priations made to the sum of $58,116,958. Of this excess of appropria-
tions over estimates, howev'er, more than twenty millions was applicable
to extraordinary objects, having no reference to the usual annual expendi-
tures. Among these objects was embraced ten millions to meet the third
article of the treaty between the United States and Mexico; so that, in
fact, for objects of ordinary expenditure the appropriations were limited
to considerably less than $40,000,000. I therefore renew my recommen-
dation for a reduction of the duties on imports. The report of the Sec-
retary of the Treasury presents a series of tables showing the operation
of the revenue system for several successive years; and as the general
principle of reduction of duties with a view to revenue, and not protec-
tion, may now be regarded as the settled policy of the country, I trust
that little difficulty will be encountered in settling the details of a measure
to that effect.

In coimection with this subject I recommend a change in the laws,
which recent experience has shown to l)e essential to the protection of
the Government. There is no express provision of law reciuiring llie
records and papers of a public character of the several ofticcrs of the ( jov-
ernment to Ix; left in their offices for the use of their successors, nor any
provi.sion declaring it felony on their part to make false entries in the
lx)oks or return false accounts. In the absence of such express pnnision
by law, the outgoing officers in many instances liave claimed and exer-
cised the right to take into their own jiossession iin]><)rtaiit IxH^ks atid
papers, on the ground that thj-^se were their private property, and have

286 Messages and Papers of the Presidents

placed them beyond the reach of the Government. Conduct of this char-
acter, brought in several instances to the notice of the present Secretary
of the Treasury, naturally awakened his suspicion, and resulted in the
disclosure that at four ports — namely, Oswego, Toledo, Sandusky, and
Milwaukee — the Treasury had, by false entries, been defrauded within
the four years next preceding March, 1853, of the sum of $198,000. The
great difhculty with which the detection of these frauds has been attended,
in consequence of the abstraction of books and papers by the retiring
officers, and the facility with w'hich similar frauds in the public sendee
may be perpetrated render the necessit}^ of new legal enactments in the
respects above referred to quite obvious. For other material modifi-
cations of the revenue laws which seem to me desirable, I refer you to
the report of the Secretary of the Treasury. That report and the tables
which accompan}' it furnish ample proofs of the solid foundation on which
the financial security of the country rests and of the salutary influence
of the independeut-treasurj' system upon commerce and all monetary
operations.

The experience of the last year furnishes additional reasons, I regret
to say, of a painful character, for the recommendation heretofore made to
provide for increasing the military force employed in the Territory inhab-
ited by the Indians. The settlers on the frontier have suffered much
from the incursions of predatorj^ bands, and large parties of emigrants to
our Pacific possessions have been massacred with impunity. The recur-
rence of such scenes can only be prevented by teaching these wild tribes
the power of and their responsibility to the United States. From the
garrisons of our frontier posts it is only possible to detach troops in small
bodies; and though these have on all occasions displayed a gallantry
and a stern devotion to duty wdaich on a larger field w^ould have com-
manded universal admiration, they have usually suffered severely in these
conflicts wnth superior numbers, and have sometimes been entirely .sacri-
ficed. All the disposable force of the Army is already employed on this
service, and is known to be wholly inadequate to the protection which
.should be afforded. The public mind of the country has been recently
shocked by savage atrocities committed upon defenseless emigrants and
border settlements, and hardly less by the unnecessary destruction of
valuable lives where inadequate detachments of troops have imdertaken
to furnish the needed aid. Without increase of the military force these
scenes will be repeated, it is to be feared, on a larger scale and with more
disastrous con.sequences. Congress, I am sure, will perceive that the plain-
est duties and responsibilities of Government are involved in this question,
and I doubt not that prompt action may l^e confidently anticipated when
delay must be attended by such fearful hazards.

The bill of the last session providing for an increa.se of the pay of the
rank and file of the Army has had beneficial results, not only in facili-
tating enlistments, but in obvious improvement in the class of men who

Franklin Pierce 287

enter the service. I regret that corresponding consideration was not
bestowed on the officers, who, in view of their character and services and
the expenses to which they are necessarily subject, receive at present
what is, in my judgment, inadequate compensation.

The vahiable services constantly rendered by the Army and its ines-
timable importance as the nucleus around which the volunteer forces
of the nation can prompth' gather in the hour of danger, sufficiently attest
the wisdom of maintaining a military peace establishment; but the theory
of our system and the wise practice under it require that any proposed
augmentation in time of peace be only commensurate with our extended
limits and frontier relations. While scrupulously adhering to this prin-
ciple, I find in existing circumstances a necessity for increase of our mili-
tary force, and it is believed that four new regiments, two of infantry and
two of mounted men, will be sufficient to meet the present exigency. If
it were necessary carefully to weigh the cost in a case of such urgency, it
would be shown that the additional expense would be comparatively
light.

With the increase of the numerical force of the Army should, I think,
be combined certain measures of reform in its organic arrangement and
administration. The present organization is the result of partial legisla-
tion often directed to special objects and interests; and the laws regulat-
ing rank and command, having been adopted many years ago from the
British code, are not always applicable to our servdce. It is not surpris-
ing, therefore, that the system should be deficient in the symmetrj' and
simplicity essential to the harmonious working of its several parts, and
require a careful revision.

The present organization, b}' maintaining large staff coqxs or depart-
ments, separates many officers from that close connection with troops
and those active duties in the field which are deemed requisite to qualify
them for the varied responsibilities of high command. Were the duties
of the Army staff mainly discharged by officers detached from their
regiments, it is believed that the special service would \y^ equally well
performed and the discipline and instruction of the Arm\' Ije improved.
While due regard to the security of the rights of officers and to the nice
sense of honor which should be cultivated among them would seem to
exact compliance with the established rule of promotion in ordinary
ca.ses, still it can hardly be doubted that the range of })ronu)li()n l)y
selection, which is now practically confined to the grade of general offi-
cers, might \^ somewhat extended with benefit to the public service.
Observance of the rule of .seniority sometimes leads, esjx^cially in time
of peace, to the promotion of officers who, after meritorious and even
distinguished ser\'ice, may have l)een rendered by age or infirmity inca-
pa1)le of performing active duty, and whose advancement, therefore,
would tend to impair the efficiency of the Army. vSuilable ])ro\ision
for this class of officers, by the creation of a retired list, would remedy

288 Messages and Papers of the Presidents

the evil without wounding the just pride of men who by past services
have established a claim to high consideration. In again commending
this measure to the favorable consideration of Congress I would suggest
that the power of placing officers on the retired list be limited to one
year. The practical operation of the measure would thus be tested, and
if after the lapse of 3'ears there should be occasion to renew the provi-
sion it can be reproduced with any improvements which experience may
indicate. The present organization of the artillery into regiments is
liable to obvious objections. The service of artillery is that of batteries,
and an organization of batteries into a corps of artillery would be more
consistent with the nature of their duties. A large part of the troops
now called artiller}^ are, and have been, on duty as infantry, the distinc-
tion between the two arms being merely nominal. This nominal artil-
lery in our service is disproportionate to the whole force and greater than
the wants of the country demand. I therefore commend the discontinu-
ance of a distinction which has no foundation in either the arms used or
the character of the service expected to be performed.

In connection with the proposition for the increase of the Army, I
have presented these suggestions with regard to certain measures of
reform as the complement of a system which would produce the happiest
results from a given expenditure, and which, I hope, may attract the
early attention and be deemed worthy of the approval of Congress.

The recommendation of the Secretary of the Navy having reference
to more ample provisions for the discipline and general improvement
in the character of seamen and for the reorganization and gradual in-
crease of the Navy I deem eminently worthy of your favorable consider-
ation. The principles which have controlled our policy in relation to
the permanent military force by sea and land are sound, consistent with
the theory of our system, and should by no means be disregarded. But,
limiting the force to the objects particularly set forth in the preceding
part of this message, we should not overlook the present magnitude and
prospective extension of our commercial marine, nor fail to give due
weight to the fact that besides the 2,000 miles of Atlantic seaboard we
have now a Pacific coast stretching from Mexico to the British posses-
sions in the north, teeming with wealth and enterprise and demanding
the constant presence of ships of war. The augmentation of the Navy
has not kept pace with the duties properly and profitably assigned to it
in time of peace, and it is inadequate for the large field of its operations,
not merely in the present, but still more in the progressively increasing
exigencies of the commerce of the United States. I cordially approve of
the proposed apprentice system for our national vessels recommended
by the Secretary of the Navy.

The occurrence during the last few months of marine disasters of the
most tragic nature, involving great loss of human life, has produced
intense emotions of sympathy and sorrow throughout the country. It

Franklin Pierce 289

may well be doubted whether all these calamitous events are wholly
attributable to the necessary and inevitable dangers of the sea. The
merchants, mariners, and shipbuilders of the United States are, it is true,
unsurpassed in far-reaching enterprise, skill, intelligence, and courage
by any others in the world. But with the increasing amount of our
commercial tonnage in the aggregate and the larger size and improved
equipment of the ships now constructed a deficiencj' in the supply of
reliable seamen begins to be very seriously felt. The inconvenience may
perhaps be met in part by due regulation for the introduction into our
merchant ships of indented apprentices, which, while it would afford use-
ful and eligible occupation to numerous young men, would have a tend-
enc}' to raise the character of seamen as a class. And it is deserving of
serious reflection whether it maj^ not be desirable to revise the existing
laws for the maintenance of discipline at sea, upon which the security
of life and property on the ocean must to so great an extent depend.
Although much attention has already been given by Congress to the
proper construction and arrangement of steam vessels and all passenger
ships, still it is believed that the resources of science and mechanical skill
in this direction have not been exhausted. No good reason exists for
the marked distinction which appears upon our statutes between the laws
for protecting life and property at sea and those for protecting them on
land. In most of the States severe penalties are provided to punish con-
ductors of trains, engineers, and others employed in the transportation
of persons by railway or by steamboats on rivers. Why should not the
same principle be applied to acts of insubordination, cowardice, or other
misconduct on the part of masters and mariners producing injury or
death to passengers on the high seas, beyond the jurisdiction of any of
the States, and where such delinquencies can be reached only by the
power of Congress? The whole subject is earnestly commended to your
consideration.

The report of the Postmaster-General, to which you are referred for
many interesting details in relation to this important and rapidly ex-
tending branch of the public service, shows that the expenditure of the
year ending June 30, 1854, including $133,483 of balance due to foreign
offices, amounted to $8,710,907. The gross receipts during the same
period amounted to $6,955,586, exhibiting an expenditure over income
of $1,755,321 and a diminution of deficiency as comi)ared with the last
year of $361,756. The increase of the revenue of the Department for
the year ending June 30, 1854, over the preceding year was $970,399.
No proportionate increa.se, however, can be antici]>ated for the current
year, in con.sequence of the act of Congress of June 23, 1S54, jiroviding
for increased compensation to all po.stmasters. From these statements
it is apparent that the Post-Office Department, in.stead of defraying its
expen.ses according to the design at the time of its creation, is now. and
under existing laws mu.st continue to l)e, to no small extent a charge
M P — vol, v— 19

290 Messages and Papers of the Presidents

upon the general Treasur}'. The cost of mail transportation during the
year ending June 30, 1854, exceeds the cost of the preceding year by
$495,074. I again call your attention to the subject of mail transporta-
tion by ocean steamers, and commend the suggestions of the Postmaster-
General to your early attention.

During the last fiscal year 11,070,935 acres of the public lands have
been surveyed and 8,190,017 acres brought into market. The number
of acres sold is 7,035,735 and the amount received therefor $9,285,533.
The aggregate amount of lands sold, located under military scrip and land
warrants, selected as swamp lands by States, and by locating under grants
for roads is upward of 23,000,000 acres. The increase of lands sold over
the previous year is about 6,000,000 acres, and the sales during the first
two quarters of the current year present the extraordinary^ result of five
and a half millions sold, exceeding by nearly 4,000,000 acres the sales of
the corresponding quarters of the last year.

The commendable policy of the Government in relation to setting
apart public domain for those who have ser\^ed their country in time of
war is illustrated by the fact that since 1790 no less than 30,000,000
acres have been applied to this object.

The suggestions which I submitted in my annual message of last ^^ear
in reference to grants of land in aid of the construction of railways were
less full and explicit than the magnitude of the subject and subsequent
developments would seem to render proper and desirable. Of the sound-
ness of the principle then asserted with regard to the limitation of the
power of Congress I entertain no doubt, but in its application it is not
enough that the value of lands in a particular locality may be enhanced;
that, in fact, a larger amount of money may probably be received in a
given time for alternate sections than could have been realized for all the
sections without the impulse and influence of the proposed improve-
ments. A prudent proprietor looks beyond limited sections of his do-
main, beyond present results to the ultimate effect which a particular
line of policy is likely to produce upon all his possessions and interests.
The Government, which is trustee in this matter for the people of the
States, is bound to take the same wise and comprehensive view. Prior
to and during the last session of Congress upward of 30,000,000 acres of
land were withdrawn from public sale with a view to applications for
grants of this character pending before Congress. A careful review of
the whole subject led me to direct that all such orders be abrogated and
the lands restored to market, and instructions were immediately given to
that effect. The applications at the last session contemplated the con-
struction of more than 5,000 miles of road and grants to the amount of
nearly 20,000,000 acres of the public domain. Even admitting the right
on the part of Congress to be unquestionable, is it quite clear that the
proposed grants would be productive of good, and not evil? The differ-
ent projects are confined for the present to eleven States of this Union

Franklin Pierce 291

and one Territory. The reasons assigned for the grants show that it is
proposed to put the works speedily in process of construction. When
we reflect that since the commencement of the construction of railways
in the United States, stimulated, as they have been, by the large divi-
dends realized from the earlier works over the great thoroughfares and
between the most important points of commerce and population, encour-
aged by State legislation, and pressed forward by the amazing energ>' of
private enterprise, only 17,000 miles have l^een" completed in all the
States in a quarter of a century-; when we see the crippled condition of
man}' works commenced and prosecuted upon what were deemed to be
sound principles and safe calculations; when we contemplate the enor-
mous absorption of capital withdrawn from the ordinary- channels of
business, the extravagant rates of interest at this moment paid to con-
tinue operations, the bankruptcies, not merely in money but in character,
and the inevitable effect upon finances generally, can it be doubted that
the tendency is to run to excess in this matter? Is it wise to augment
this excess by encouraging hopes of sudden wealth expected to flow from
magnificent schemes dependent upon the action of Congress? Does the
spirit which has produced such results need to be stimulated or checked?
Is it not the better rule to leave all these works to private enterprise,
regulated and, when expedient, aided by the cooperation of States? If
constructed by private capital the stimulant and the check go together
and furnish a salutary restraint against speculative schemes and extrava-
gance. But it is manifest that with the most effective guards there is
danger of going too fast and too far.

We may well pause before a proposition contemplating a simultaneous
movement for the construction of railroads which in extent will equal,
exclusive of the great Pacific road and all its branches, nearly one-third
of the entire length of .such works now completed in the United States,
and which can not cost with equipments less than $150,000,000. The
dangers likely to result from combinations of interests of this character
can hardly be overestimated. But independently of these considera-
tions, where is the accurate knowledge, the comprehensive intelligence,
which shall discriminate between the relative claims of these twent>-
eight pro|x)sed roads in eleven States and one Territory? Where will
you begin and where end? If to enable these companies to execute their
proposed works it is necessary that the aid of the General Government
l)e primarily given, the policy will present a problem so comprehensive in
its bearings and so important to our political and social well-being as to
claim in anticipation the severest analysis. Entertaining these views, I
recur with satisfaction to the experience and action of the last session of
Congress as furnishing assurance that the .sul)ject will not fail to elicit a
careful reexamination and rigid .scrutiny.

It was my intention to present on this occa.sion .some suggestions re-
garding internal improvements by the General Government, which want

292 Messages and Papers of the Presidents

of time at the close of the last session prevented my submitting on the
return to the House of Representatives with objections of the bill entitled
"An act making appropriations for the repair, preservation, and comple-
tion of certain public works heretofore commenced under the authority of
law;" but the space in this communication already occupied with other
matter of immediate public exigency constrains me to reserve that sub-
ject for a special message, which will be transmitted to the two Houses
of Congress at an early day.

The judicial establishment of the United States requires modification,
and certain reforms in the manner of conducting the legal business of
the Government are also much needed; but as I have addressed you
upon both of these subjects at length before, I have only to call your
attention to the suggestions then made.

My former recommendations in relation to suitable provision for vari-
ous objects of deep interest to the inhabitants of the District of Columbia
are renewed. Many of these objects partake largely of a national char-
acter, and are important independently of their relation to the prosper-
ity of the only considerable organized community in the Union entirely
unrepresented in Congress.

I have thus presented suggestions on such subjects as appear to me to
be of particular interest or importance, and therefore most worthy of
consideration during the short remaining period allotted to the labors
of the present Congress.

Our forefathers of the thirteen united colonies, in acquiring their inde-
pendence and in founding this Republic of the United States of America,
have devolved upon us, their descendants, the greatest and the most noble
trust ever committed to the hands of man, imposing upon all, and espe-
cially such as the public will may have invested for the time being w'ith
political functions, the most sacred obligations. We have to maintain
inviolate the great doctrine of the inherent right of popular self-govern-
ment; to reconcile the largest liberty of the individual citizen with com-
plete security of the public order; to render cheerful obedience to the
laws of the land, to unite in enforcing their execution, and to frown in-
dignantly on all combinations to resist them ; to harmonize a sincere and
ardent devotion to the institutions of religious faith with the most uni-
versal religious toleration; to preserve the rights of all by causing each to
respect those of the other; to carry forward every social improvement to
the uttermost limit of human perfectibility, by the free action of mind upon
mind, not by the obtrusive inter\'ention of misapplied force; to uphold
the integrity and guard the limitations of our organic law; to preserve
sacred from all touch of usurpation, as the very palladium of our political
salvation, the reserved rights and powers of the several States and of
the people; to cherish with loyal fealty and devoted affection this Union,
as the only sure foundation on which the hopes of civil liberty rest; to
administer government with vigilant integrity and rigid economy; to cul-

Frajiklin Pierce 293

tivate peace and friendship with foreign nations, and to demand and
exact equal justice from all, but to do wrong to none; to eschew intermed-
dling with the national policy and the domestic repose of other govern-
ments, and to repel it from our own; never to shrink from war when
the rights and the honor of the country call us to arms, but to cultivate
in preference the arts of peace, seek enlargement of the rights of neu-
trality, and elevate and liberalize the intercourse of nations; and by such
just and honorable means, and such only, whilst exalting the condition
of the Republic, to assure to it the legitimate influence and the benign
authority of a great example amongst all the powers of Christendom.

Under the solemnity of these convictions the blessing of Almighty God
is earnestly invoked to attend upon your deliberations and upon all the
counsels and acts of the Government, to the end that, with common zeal
and common efforts, we may, in humble submission to the divine will,
cooperate for the promotion of the supreme good of these United States.

FRANKUN PIERCE.

SPECIAL MESSAGES.

Washington, December 5, M^j/.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to approval,
a compact betw'een the United States and the royal Government of Lew
Chew, entered into at Napa on the nth day of July last, for securing
certain privileges to vessels of the United States resorting to the Lew
Chew Islands.

A copy of the instructions of the Secretary of State upon the subject
is also herewith transmitted. FRANKLIN PIERCE

Washington, December 5, /cS'5-/.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention for regulating the right of inheriting and acciuiring
property, concluded in this city on the 21st day of August last l)etween
the United States and His Highness the Duke of Brunswick and Lune-

^"''S- FRANKLIN PIlCRCl*.

Washington, Pcccmbcr 11 , /-Vi/-
To the Senate and House of Representatives:

An act for the relief of the legal representatives of Sanuiel Priokau,
deceased, which provided for the payment of the sum of js^i.i^js.do to the
legal representatives of siiid Prioleau by the projxjr accounting ofiicer

294 Messages and Papers of the Presidents

of the Treasury, was approved by me July 27, 1854. It having been
ascertained that the identical claim provided for in this act was liqui-
dated and paid under the provisions of the general act of August 4,
1790, and of the special act of January 24, 1795, the First Comptroller
of the Treasury declined to gi\'e effect to the law first above referred to
without communicating the facts for my consideration. This refusal I
regard as fully justified by the facts upon which it was predicated.

In view of the destruction of valuable papers b}' fire in the building
occupied by the Treasury Department in 18 14 and again in 1833, it is not
surprising that cases like this should, more than seventy years after the
transaction with which they were connected, be involved in much doubt.
The report of the Comptroller, however, shows conclusively' by record
evidence still preserved in the Department and elsewhere that the sum
of $6, 122.44, with $3,918.36 interest thereon from the date of the de-
struction of the property, making the sum of $10,040.80, was allowed
to Samuel Prioleau under the act for his relief passed in 1795.

That amount was reported by the Auditor to the Comptroller on the
4th day of February, 1795, to be funded as follows, to wit:

Two-thirds of $6,122.44, called 6 per cent stock $4,081.63

One-third, called deferred stock 2, 040. 81

Interest on the principal, called 3 per cent stock 3, 918. 36

Total 10, 040. 80

On the books of the loan office of South Carolina, under date of April 27, 1795,
is an entrj' showing that there was issued of the funded 6 per cent stock to

Samuel Prioleau 4,081.63

of the deferred stock 2,040.81

of the 3 per cent stock 3, 918. 36

Total ID, 040. 80

On the ledger of said loan office an account was opened with Samuel
Prioleau, in which he was credited with the three items of stock and de-
puted by the transfer of each certificate to certain persons named, under
dates of May 20, 1795, Augu.st 24, 1795, and April 19, 1796.

These records .show that the account of Samuel Prioleau, required to
be settled by the act of January 28, 1795, was settled; that the value of
the property destroyed was allowed; 'that the amount so found due was
funded by said Prioleau and entered by his order on the loan-office books
of South Carolina, and soon thereafter by him sold and transferred. That
the entire funded debt of the United States was long since paid is matter
of history.

It is apparent that the claim has been prosecuted under a misapprehen-
sion on the part of the present claimants.

I present the evidence in the case collected by the First Comptroller
and embodied in his report for your con.sideration, together with a copy
of a letter just received b>- that officer from the executor of P. G. Prioleau,
and respectfully recommend the repeal of the act of July 27, 1854.

FRANKUN PIERCE.

Franklin Pierce 295

Washington, December ti, iSj^.
To the House of Representatives:

I transmit herewith a report from the Secretary- of State, with accom-
panying documents,* in compHance with the resolution of the House of
Representatives of the 27th of July last.

FRANKLIN PIERCE.

^ ,, o I Washington, Dece^nber 11, i8=;i.

Jo the Ciena fe: ' ^ r

I herewith transmit a communication from the Secretary of the Treas-
ury, requesting authority to invest the sum of $6,561.80, received from
the sales of lands in the Chickasaw cession, in stocks for the benefit of the
Chickasaw national fund, as required by the eleventh article of the treaty
with the Chickasaws of the 20th October, 1832, and the act of Congress
of I ith September, 1841. FRANKEIN PIERCE.

Washington, December 12, 1854.
To the Senate of the Ufiited States:

Herewith I transmit a report of the Secretary of State, with accom-
panying papers, t in answer to the resolution of the Senate of the 3d of
August last. FRANKLIN PIERCE.

Washington, December 16, 1854..
To the House of Representatives:

I transmit a report from the Secretary' of State, with accompanying
papers,:}: in answer to the resolution of the House of Representatives of
the 27th of July last. FRANKLIN PIERCE.

Washington, December /8, iSj^.
To the House of Representatives:

I tran.smit a report from the Secretary' of War, with accompanying
papers, in answer to the resolution of the House of Representatives of
the 2d of August la.st, requesting .such infonnation as may be in the
pos,ses.sion of the War Department touching the cause of any diflicultics
which may have arisen Ijetween the Creek and Seminole Indians since
their removal west of the Missi.s-sippi and other matters concerning the

^"^^^- FRANKLIN PIICRCI'.

♦Correspondence of the Aniericin consul-genera t at Cairo ri-l.Ttivc to the exjutlsioii of tlic I'.mks
from KKypt.

t Correspondence relative to diflTiculties between Rev. Jonas Kinjfanil tlie Covcrninetit of C.recre.

tKelatiiiK to the case of Walter M. Citison, held in dnress \t\ the Dnich aiitliorities at Ilatavia.
island of Java, on a charge of having attempted to excite the native chiefs of Sumatra to throw off
their allegiance to the Dutch Government.

296 Messages and Papers of the Presidents

Washington, December 20, i8^:j..
To the Senate of the United States:

I herewith transmit to the Senate, for its constitutional action thereon,
a treaty made at the Neosho Agency on the 12th August, 1854, by Andrew
J. Dorn, commissioner on the part of the United States, and the chiefs and
warriors of the Quapaw tribe of Indians.

FRANKLIN PIERCE.

Washington, Deceynber 20, 18^4.
To the Senate of the United States:

I herewith transmit to the Senate, for its constitutional action thereon,
a treaty made by Andrew J. Dorn, commissioner on the part of the United
States, on the 23d of August, 1854, and the chiefs and warriors of the
Senecas of Sandusky and the Senecas and Shawnees of Lewistown, desig-
nated by the treaty of 1832 as the United Nation of Seneca and Shawnee
Indians. FRANKLIN PIERCE.

Washington, December 20, 1854.
To the Senate of the United States:

I herewith transmit to the Senate, for its constitutional action thereon,
a treaty made at La Pointe, Wis., on the 30th of September, 1854, by
Henry C. Gilbert and David B. Harriman, commissioners on the part of
the United States, and the chiefs and headmen of the Chippewas of Lake
Superior and the Mississippi. FRANKLIN PIERCE.

Washington, December 26, 18^4.
'To the Senate of the Uiited States:

In compliance with the resolution of the Senate of the 5th instant,
requesting me, if not incompatible with the public interests, to communi-
cate to that body ' ' copies of all instructions and correspondence between
the different Departments of the Government and Major-General Wool,
commanding the Pacific division of the Army, in regard to his operations
on that coast," I transmit the accompanying documents.

FRANKLIN PIERCE.

[For message of December 30, 1854, giving an exposition of the rea-
sons of the President for vetoing "An act making appropriations for the
repair, preservation, and completion of certain public works heretofore
commenced under the authority of law," see pp. 257-271.]

Washington, D. C, fanuary r, 1853 .
To tJie Hotise of Representatives:

In response to the resolution of the House of Representatives of the
nth ultimo, requesting the President "to connnunicate to this House

Franklin Pierce 297

any proposition which may have been made to the Government by the
city authorities of Memphis relative to the navy-yard property recentlj^
ceded to that city, together with his views and those of the Navy De-
partment as to the propriety of accepting the proposed re-cession and of
reestablishing a naval depot and yard of construction at Memphis," I
transmit herewith a report of the Secretary of the Navy, and have only
to add my concurrence in the views by him presented.

FRANKUN PIERCE.

Washington, January g, 1855.
To the Senate of the United States:

I transmit herewith to the Senate, for its constitutional action thereon,
an article of agreement and convention made and concluded on the 9th
day of December, 1854, between the United States, by George Hepner,
United States Indian agent, and the chiefs and headmen of the confeder-
ate tribes of Otoe and Missouria Indians, being a supplement to the treaty
made between the United States and said confederate tribes on the- i5tli
day of March, 1854. FRANKLIN PIERCE.

Washington, Jamiary 10, 18^5.
To the House of Representatives of the United States:

I transmit herewith a report of the Attorney-General, with the accon:-
panying documents, communicating the information required by the fol-
lowing resolution of the House of Representatives, of the 28tli ultimo:

Resolved, That the President of the United States be requested to comnnmicate to
this House any infonnation possessed by him regarding a suit instituted in the Ter-
ritory of Minnesota by or in the name of the United States against the Minnesota and
Northwestern Railroad Con:pany. FRANKLIN PIERCE.

Washington, January 11, /8sS-
To the Senate of the United States:

In compliance with the resolution of the Senate of the 3d instant, re-
questing "a statement of the names of the ministers, charges d'affaires,
and the secretaries of legation of the United States appointed since the
4tli of March, 1849, together with the dates of their connnissions, the time
cf the connnencement of their compensation, of their departure for their
]X)Sts, and of their entering upon their official duties thereat," I transmit
the accompanying report from the Secretary of State.

FRANKLIN PIERCE.

Washington, A?;///<r;r i^k /<Sr5'-
To the Senate and House of Representatives:

I transmit herewith a letter of the Secretary of War u])<)n the subject
of Indian hostilities. The employment of volunteer troops, as suggested

298 Messages and Papers of the Presidents

b}- the Secretary, seems to afford the only practicable means of providing
for the present emergency.

There is much reason to believe that other cases similar in character to
those particularly referred to in the accompanying papers will at an early
day require vigorous measures and the exhibition of a strong military
force. The proposed temporary provision to meet a special demand, so
far from obviating, in my judgment only serves to illustrate the urgent
necessity of an increase of the Regular Army, at least to the extent rec-
onnnended in ni)' late annual message. Unless by the plan proposed, or
some other equally effective, a force can be early brought into the field
adequate to the suppression of existing hostilities, the combination of
predatory bands will be extended and the difficulty of restoring order
and security greatly magnified. On the other hand, without a perma-
nent military force of sufficent strength to control the unfriendly Indians,
it may be expected that hostilities will soon be renewed and that years
of border warfare will afflict the country, retarding the progress of set-
tlement, exposing emigrant trains to savage barbarities and consuming
millions of the public money.

The state of things made known in various letters recently received
at the War Department, extracts from a portion of which are herewith
inclosed, is calculated to augment the deep solicitude which this matter
has for some time past awakened, and which has been earnestly expressed
in previous messages and in the annual reports of the Secretary of War.

I respectfully submit that the facts now communicated urgently call
for immediate action on the part of Congress.

FRANKIylN PIERCE.

Washington, Ja?iuarv ly, 1855.
To the Senate of the United States:

In further compliance with the resolution of the Senate of the 5th
of December last, requesting copies of correspondence* between Major-
General Wool and the different Departments of the Government, I trans-
mit a report from the Secretary of State and the documents by which it
was accompanied. FRANKUN PIERCE.

Washington, fanuary ig, t8^_s.
To the House of Representatives:

In further compliance with the resolution of the House of Representa-
tives of the 27th of July last, upon the subject of the case of Walter M.
Gibson, I transmit a report from the Secretary of State.

FRANKLIN PIERCE.

♦Relating to affairs on the I'acific Coast.

Frank/ht Pierce 299

Washington, January ig, 18^^.
To the Senate of the United States:

I communicate to the Senate herewith a letter from the Secretary of the
Interior, dated the i8th instant, covering a communication from the Com-
missioner of Indian Affairs, with accompanying papers, and asking that
certain appropriations be made for the service of the Indian Department.

FRANKLIN PIERCE.

Washington, January 22, 1835.
To the Senate and Hoiise of Represe^itatives of tlie Lhiitcd States:

I communicate to Congress herewith a communication of this date from
the Secretar>' of the Interior, with accompanying papers, and recommend
that the appropriation* therein asked for be made.

FRANKIvIN PIERCE.

Washington, y<a!«7^arj' p/, t8^^.
To the Senate and House 0/ Representatives:

I transmit herewith a report of the Secretary of the Interior and the
Postmaster-General, together with accompanying documents, communi-
cating what has been done in execution of the act of Congress of August
2, 1854, entitled "An act to provide for the accommodation of the courts
of the United States in the cities of New York and Philadelphia. ' '

I have deemed it test under the circumstances not to enter into con-
tracts for the purchase of sites, but to submit all proposals made, in
response to public advertisement for several weeks in the principal news-
papers in each of the cities designated, to Congress, for such action as
it may deem proper to take in fulfillment of the original design of the
before-mentioned act. FRANKLIN PIERCE.

Washington, fanuary 2p, .18^3.
To the Senate and House of Representatives of the United States:

I transmit to Congress herewith a communication of this date from
the Secretary of the Interior, with accompanying papers, and recommend
that the appropriations therein asked for be made.

I avail myself of the occasion to sugge.st a modification of existing
laws, with a view to enable me more effectually to carry into execution
the treaties with the different Indian tribes in Kansas Territory.

With an earnest desire to promote the early settlement of the ceded
lands, as well as those held in trust and to l)e sold for tlie benefit of
the Indians, I shall exercise all the power intrusted to nie to maintain
strictly and in gocxl faith our treaty obligations.

* For payment of interest <luf the Chcrokfc Indi.Tiis.

300 Messages and Paper's of the Presidents

I respectfully recommend that provisions be made by law requiring
the lands which are to be sold on account of the Indians by the Govern-
ment to be appraised and classified; a minimum price to be fixed, for a
less sum than which no sales shall be made without further provision of
law; and authorizing the sale of the lands in such quantities and at such
times and places as the obligations of the Government, the rights of the
Indian tribes, and the public interest, with reference to speedy settle-
ment, may render expedient. FRANKLIN PIERCE.

Washington, yi2w«fzr)' JO, 185^.
To the Senate 0/ the United States:

In compliance with the resolution of the Senate of the 6th of December
last, requesting the President "to communicate to the Senate, if in his
opinion not incompatible wath the public interest, the instructions, corre-
spondence, and other documents relating to the naval expedition to Japan,
and the proceedings and negotiations resulting in a treaty with the Gov-
ernment thereof, ' ' I transmit the inclosed report from the Secretary of the
Navy, with the accompanying documents.

FRANKLIN PIERCE.

Washington, February i, 1855.
To the Seriate of the United States:

I transmit to the Senate, with a view to ratification, a convention
which was concluded tetween the United States and Mexico at the City
of Mexico on the 8th day of January last.

FRANKLIN PIERCE.

Washington, February 4., 1855.
To the Se?iate and House of Representatives of the United States:

I communicate to Congress herewith, for its consideration, the accom-
panying papers from the Secretary of the Interior, on the subject of the
proviso of the act of July 31, 1854, i^ relation to the removal of the Cali-
fornia Indians. FRANKLIN PIERCE.

Washington, February 4., 18^^.
To the Senate and House of Representatives of the United States:

I communicate to Congress the accompanying papers* from the Sec-
retary of the Interior, and recommend that the appropriations therein

asked for mav be made. „^ . _ ^

FRANKLIN PIERCE.

♦Relating to the expenses necessary to be incurred in colonizing the Texas Indians.

Franklin Pierce 301

Washington, Febriiary 5, i8_5^.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, articles of agreement and convention made and concluded at
the city of Washington on the 31st day of January-, 1855, by George W.
Many penny, as commissioner on the part of the United States, and the
chiefs and delegates of the Wyandott tribe of Indians.

FRANKLIN PIERCE.

Washington, Febrtiary 6, 1855.
To the Senate of the United States:

In compliance with the resolution of the Senate of the nth ultimo,
in relation to the case of Francis W. Rice,* late United States consul
at Acapulco, I transmit a report from the Secretary of State, with the
accompanying documents. FRANKLIN PIERCE

Washington, February 6, 1855.
To the House of Representatives:

I transmit herewith a report f from the Secretary of State, in answer
to the resolution of the House of Representatives of the 27th ultimo.

FRANKLIN PIERCE.

Washington, February 7, 1855.
To the Senate of the United States:

I transmit to the Senate, for its advice with regard to ratification, a
convention for the nuitual extradition of fugitives from justice in certain
cases between the United States and His Majesty the King of Hanover,
.signed by the plenipotentiaries of the two Governments at London on
the i8th of January la.st. An extract from a di.spatch of Mr. Buchanan
to the Secretary of State relative to the convention is also herewith com-
municated. FRANKLIN PIERCIv.

Washington, February y, /8jy.
To the Senate and House of Representatives of the I 'nitcd States:

I communicate to Congress herewith a letter and accompanying papers
from the Secretary of the Interior, of the 5th instant, on the subject of
the colonization of the Indians in the State of California, and recom-
mend that the appropriation therein a.sked for may be made.

FRANKLIN PIIvRCi:.

♦Arrested and iniprisoiifd at Acapulco, Mexico.

tStatinff that the information relative to the applicability to the Spanish colonics of tlic trt;ity i>f
179s with Spain, and whether .Vnierican citizens residinj,; in said colonies arc entitled to the t)enc-
fits of its provisions, had been already transmitted.

302 Messages and Papers of the Presidents

Washington, February 7, 1855.
To the Senate and House of Representatives of the United States:

I coinmiinicate to Congress the accompanying letter from the Secre-
tary of the Interior, with its inclosure, on the subject of a treaty be-
tween the United States and the Chippewa Indians of Lake Superior,
and recommend that the appropriation therein asked for may be made.

FRANKUN PIERCE.

Washington, February p, 1855.
To the Senate of the United States:

I connnunicate to the Senate herewith a report from the Secretary
of the Treasury, and also one from the Secretary of the Interior, with
accompanying papers, containing information called for by the resolu-
tion adopted by the Senate on the 30th ultimo, respecting the advance
of public moneys to the marshal of the United States for the western
district of Arkansas. FRANKLIN PIERCE.

Washington, February p, 18^^.
To the Seriate of the United States:

I herewith communicate to the Senate, for its constitutional action
thereon, the articles of convention and agreement between the Choctaw
and Chickasaw tribes of Indians made on the 4th day of November,
1854, at Doaksville, near Fort Towson, Choctaw Nation.

FRANKLIN PIERCE.

Washington, February 12, 18^5.
To the Se?iate of the United States:

The resolution of the Senate of the nth of December last, request-
ing a copy of the official correspondence relative to the late difficulties
between the consul of France at San Francisco and the authorities of the
United States in California, has been under consideration, and it was
hoped that the negotiations on the subject might have been brought to
a close, so as to have obviated any objection to a compliance with the
resolution at this session of Congress. Those negotiations, however, are
still pending, but I entertain a confident expectation that the affair will
be definitely and satisfactorily adjusted prior to the next session.

FRANKLIN PIERCE.

Washington, February i^, ^^55-
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and His Majesty the King

Franklin Pierce 303

of the Netherlands, ii|X)n the subject of the admission of the United
States consuls into the ports of the Dutch colonies.

FRANKUN PIERCE.

Washington, February //, 1855.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and His Majest}' the King
of the Kingdom of the Two Sicilies, relative to the rights of neutrals
during war. FRANKI.IN PIERCE.

Washington, February ly, iSjS-
To the Senate atid House of Representatives of the United States:

I communicate herewith a letter* of the Secretary of the Interior and
accompanying paper, for the consideration of Congress.

FRANKUN PIERCE.

Washington, T^cbruary ip, /S^S-
To the Senate of t lie United States:

I transmit herewith, for the constitutional action of the Senate, a treaty
made on the 15th day of November, 1854, by Joel Palmer, superintendent
of Indian affairs, on the part of the United States, and the chiefs and
headmen of the Rogue River Indians in Oregon Territory.

FRANKLIN PIERCE.

Washin(;ton, February ig, iSsS-
To the Senate of the United States:

I transmit herewith, for the constitutional action of the vSenate, a treaty
made \yy Isaac I. Stevens, governor and superintendent of Indian affairs
in Washington Territory, on the part of the United States, and the chiefs,
headmen, and delegates of the Nesqualh-, Puyallup, vSteilacoom, Squawk-
sin, S'Homamish, Ste'h-chass, F'peeksin, Squi-aitl, and Sa-heh-wamish
tril:)es and bands of Indians cx:cupyiiig the lands lying around the head
of Pugets Sound and the adjacent inlets in Washington Territory.

FRANKLIN PIERCE.

Washinc;ton, February 79, /.S'ff.
To tlie Senate of the United States:

I transmit herewith, for the con.stitutional action of the Stiiatc, two
treaties, one made on the 18th day of Novemlx^r, 1834, by Jot-l Palmer,

* RecomtncndiiiR an appropriation to .s<ipply a ficficit in tlif amount lulil on Indian account,
caused by the failure of Scldcu, Withers & Co., with whom it was dci>ositcd

304 Messages and Papers of the Presidents

superintendent of Indian affairs, on the part of the United States, and the
chiefs and headmen of the Quil-si-eton and Na-hel-ta bands of the Chasta
tribe of Indians, the Cow-non-ti-co, Sa-cher-i-ton, and Na-al-j-e bands of
Scotans, and the Grave Creek band of Umpqua Indians in Oregon Ter-
ritory; the other, made on the 29th of November, 1854, by Joel Palmer,
superintendent of Indian affairs, on the part of the United States, and the
chiefs and headmen of the confederated bands of the Umpqua tribe of
Indians and the Calaponas, residing in Umpqua Valley, Oregon Territory.

FRANKLIN PIERCE.

Washington, February 21, 1855.
To the Senate and House of Representatives of the United States:

I communicate to Congress a communication of this date from the
Secretar}' of the Interior, with the accompanying paper, and recommend
that the appropriation -J^ therein asked for be made.

FRANKLIN PIERCE.

Washington, February 22, 1855.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 21st instant, I
transmit a report from the Secretary of State, inclosing a copy of the let-
ter! addressed to the Department of State on the 17th November, 1852,
by Mr. Joaquin J. de Osma, envoy extraordinary and minister plenipo-
tentiary of the Republic of Peru. FRANKLIN PIERCE.

Washington, February 2j, 1855.
To the Senate and House of Representatives of the United States:

I communicate to Congress herewith a communication of this date
from the Secretary of the Interior, with accompanying estimates, and
recommend that the appropriation :|: therein asked for be made.

FRANKLIN PIERCE.

Washington, February 24., 1835.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 2 2d instant, I
transmit a report from the Secretary of State, together with the copy of
a communication from Francis W. Rice,§ therein referred to.

FRANKLIN PIERCE.

*For extending snd improving the culvert ninning from the United States Capitol Grounds down
the center of South Capitol street toward the canal.

t Proposing a settlement of the Lobos Islands controversy.

tTo fulfill treaty .stipulations with the Wyandotte Indians.

\ Late United States consul at Acapulco, relative to outrages committed upon him by authorities
of Mexico.

Franklin Pierce 305

Washington, February 26, iSjj.
To the Senate of the United States:

I transmit herewith a report of the Secretary of the Navy, in compli-
ance with a resolution of the Senate of the 20th instant, requesting the
President ' ' to communicate to the Senate a copy of the order issued by
the Navy Department to the officer in command of the Home Squadron
in pursuance of which the United States sloop of war Albaiiy was or-
dered on her last cruise to Carthagena and Aspinwall, etc.; also of the
orders given by such officer to Commander Gerry to proceed upon such
cruise, and also of any reports or letters from the captain of the Albany
on the necessity of repairs to said vessel. ' '

FRANKLIN PIERCE.

Washington, February ^7, 1855.
To the Senate and House of Representatives of the United States:

I transmit to Congress herewith a communication of this date from
the Secretary of the Interior, and recommend that the appropriation*
therein asked for be made. FRANKLIN PIERCE.

Washington, February .?/, 1855.
To the Senate and House of Representatives of the United States:

I communicate herewith, for the consideration of Congress, a letter of
this date from the Secretar>' of the Interior, and accompanying paper,
recommending certain appropriations f on account of the Indian service.

FRANKLIN PIERCE.

Washington, February ^7, iS^^.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, a treaty made in this city on the 22d instant between the United
States and the Mississippi, the Pillager, and the Lake Winnibigosliish
bands of Chippewa Indians. FRANKLIN PIFRCF

Washington, February 28, rS^j;.
To the Senate of the United States:

For eminent services in the late war with Mexico, I nominate Major-
General Winfield Scott, of the Army of the Ignited Stales, to be lieu-
tenant-general by brevet in the .same, to take rank as .such from March

* Kor siirveyinR public lands in tlii- northern jKirt of Minnt-sota Territor>' aoiiiin-il frum tin-
Chipixrwa Indians.

tKor ninninKthe boundary line bflwccn the ChickasJiw and Choctaw natimis of Iiidi iiis and for
negotiations with the Menominee IndianH.

M P -vol, v 20

3o6 Messages and Papers of the Presidents

29, 1847, tne day on which the United States forces under his command
captured Vera Cruz and the castle of San Juan de Ulua.

FRANKI^IN PIERCE.

Washington, February 28, 1855.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, a treaty made and concluded in this city on the 27tli day of
February, 1855, l^etween George W. Manypenny, commissioner on the
part of the United States, and the chiefs and delegates of the Winne-
bago tribe of Indians. FRANKEIN PIERCE.

Washington, March i , 1855.
I0 the Senate and House of Representatives of the United States:

I communicate to Congress herewith a copy of an act of the legislature
of the State of Texas, approved the nth of February, 1854, making
partial provision for running and marking the boundary line between
the said State and the territories of the United States from the point
where the said line leaves the Red River to its intersection with the Rio
Grande, and appropriating $10,000 tow^ard carrying the same into effect,
when the United States shall have made provision by the enactment of a
law for the appointment of the necessary officers to join in the execution
of said survey.

It will be perceived from the accompanjing papers that the early
demarcation of said boundary line is urgently desired on the part of
Texas, and, acquiescing in the importance thereof, I recommend that
provision be made by law for the appointment of officers to act in con-
junction with those to be appointed by the State of Texas, and that the
sum of $10,000 at least be appropriated for the payment of their sala-
ries and necessary incidental expenses. FRANKT IN PIERCE

Washington, March 2, 1835.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, the articles of a treaty negotiated on the 4th of January, 1855,
between Joel Palmer, superintendent of Indian affairs in Oregon, and the
chiefs of certain confederated tribes of Indians residing in the Willamette
Valley of Oregon. FRANKLIN PIERCE.

Executive Mansion, March 2, 1855.
To the Senate of the United States:

I herewith submit a report of the Secretary of War, containing all the
information that can now be furnished in reply to the resolution of
the Senate of the 28Lh ultimo, requesting "a statement of the number

Franklin Pic7'ce 307

of muskets, rifles, and other arms and equipments delivered to the State
arsenals, respectively, the number remaining on hand, and the number
sold and accounted for; also, the date and amount of such sales. ' '

FRANKUN PIERCE.

Washington, March 2, 1855.
To the Senate and House of Representatives of the United States:

I transmit to Congress herewith a communication of this date from
the Secretary of the Interior, with accompanying papers,*, and recommend
that the appropriations therein asked for be made.

FRANKLIN PIERCE.

Washington, March 2, 1855.
To the Senate and House of Representatives of the United States:

I transmit to Congress herewith a communication of this date from
the Secretary of the Interior, %vith its inclosure,t and recommend that the
appropriations therein asked for be made.

FRANKLIN PIERCE.

Washington, March j, 1855.
To the House of Representatives:

I transmit herewith to the House of Representatives a report from the
Secretary of State, with accompanying documents,! in answer to their
resolutions of the 30th of January and 23d February last.

FRANKLIN PIERCE.

VETO MESSAGES.

Washington, February 77, i8f^s.
To the House of Representatives:

I have received and carefully considered the bill entitled "An act to
provide for the ascertainment of claims of American citizens for spolia-
tions committed by the French prior to the 31st of July, 1801," and in
the discharge of a duty imperatively enjoined on me by the Constitution
I return the same with my objections to the House of Representatives,
in which it originated.

In the organization of the Government of the ITnited States the leg-
islative and executive functions were separated and placed in di.sliuct

* Kstimates of appropriations necessary for carryinR out the lionnty-land law.

t Additional estimate of appropriations neces-san.- for pay of Indian apoiits.

{Correspondence relative to the catiscs disturhinR the friendly relations hotwccn SiKiin and llie
United States and instructions to United States diplomatic agents relative to the same; corrcsjiond-
encc relative to Cuba, etc

3o8 Messages and Papers of the Presidents

hands. Although the President is required from time to time to recom-
mend to the consideration of Congress such measures as he shall judge
necessar>' and expedient, his participation in the formal business of leg-
islation is hmited to the single duty, in a certain contingency, of demand-
ing for a bill a particular form of vote prescribed by the Constitution
before it can become a law. He is not invested with power to defeat
legislation by an absolute veto, but only to restrain it, and is charged
with the duty, in case he disapproves a measure, of invoking a second
and a more deliberate and solemn consideration of it on the part of Con-
gress. It is not incumbent on the President to sign a bill as a matter of
course, and thus merely to authenticate the action of Congress, for he
must exercise intelligent judgment or be faithless to the trust reposed
in him. If he approve a bill, he shall sign it, but if not he shall return
it with his objections to that House in which it shall have originated for
such further action as the Constitution demands, which is its enactment,
if at all, not by a bare numerical majority, as in the first instance, but by
a constitutional majority of two-thirds of both Houses.

While the Constitution thus confers on the legislative bodies the com-
plete power of legislation in all cases, it proceeds, in the spirit of justice,
to provide for the protection of the responsibility of the President. It
does not compel him to affix the signature of approval to any bill unless
it actually have his approbation; for while it requires him to sign if he
approve, it, in my judgment, imposes upon him the duty of withholding
his signature if he do not approve. In the execution of his official duty
in this respect he is not to perform a mere mechanical part, but is to
decide and act according to conscientious convictions of the rightfulness
or wrongfulness of the proposed law. In a matter as to which he is
doubtful in his own mind he may well defer to the majority of the two
Houses. Individual members of the respective Houses, owing to the
nature, variety, and amount of business pending, must necessarily rely
for their guidance in many, perhaps most, cases, when the matters in-
volved are not of popular interest, upon the investigation of appropriate
committees, or, it may be, that of a single member, whose attention has
been particularly directed to the subject. For similar reasons, but even
to a greater extent, from the number and variety of subjects daily urged
upon his attention, the President naturally relies much upon the inves-
tigation had and the results arrived at by the two Houses, and hence
those results, in large classes of cases, constitute the basis upon which
his approval rests. The President's respon.sibility is to the whole people
of the United States, as that of a Senator is to the people of a particular
State, that of a Representative to the people of a State or district; and it
may be safely as.sumed that he will not resort to the clearly defined and
limited power of arresting legislation and calling for reconsideration of
any measure except in obedience to requirements of duty. When, how-
ever, he entertains a decisive and fixed conclusion, not merely of the

Franklin Pierce 309

unconstitutionality, but of the impropriety, or injustice in other respects,
of any measure, if he declare that he approves it he is false to his oath,
and he deliberately disregards his constitutional obligations.

I cheerfully recognize the weight of authority which attaches to the
action of a majority of the two Houses. But in this case, as in some
others, the framers of our Constitution, for wise considerations of public
good, provided that nothing less than a two- thirds vote of one or both
of the Houses of Congress shall become effective to bind the coordinate
departments of the Government, the people, and the several States. If
there be anything of seeming invidiousness in the ofl&cial right thus
conferred on the President, it is in appearance onl}-, for the same right
of approving or disapproving a bill, according to each one's own judg-
ment, is conferred on every member of the Senate and of the House of
Representatives.

It is apparent, therefore, that the circumstances must be extraordinary
which would induce the President to withhold approval from a bill involv-
ing no violation of the Constitution. The amount of the claims proposed
to be discharged by the bill before me, the nature of the transactions in
which those claims are alleged to have originated, the length of time
during which they have occupied the attention of Congress and the coun-
try, present such an exigency. Their history renders it impossible that
a President who has participated to any considerable degree in public
affairs could have failed to form respecting them a decided opinion upon
what he would deem satisfactory grounds. Nevertheless, instead of rest-
ing on former opinions, it has seemed to me proper to review and more
carefully examine the whole subject, so as satisfactorily to determine the
nature and extent of my obligations in the premises.

I feel called upon at the threshold to notice an assertion, often re-
peated, that the refusal of the United States to satisfy these claims in
the manner provided by the present bill rests as a stain on the justice
of our country. If it be so, the imputation on the public honor is aggra-
vated by the consideration that the claims are coeval with the present
century, and it has been a persistent wrong during that whole period of
time. The allegation is that private property has been taken for public
use without just compensation, in violation of express provision of the
Constitution, and that reparation has been withheld and ju.stice denied
until the injured parties have for the most part descended to the grave.
But it is not to be forgotten or overlooked that those who represented
the people in different capacities at the time when the alleged obligations
were incurred, and to whom the charge of injustice attaches in the first
instance, have also pa.ssed away and borne with them the special infor-
mation which controlled their decision and, it may be well presumed,
constituted the justification of their acts.

If, however, the charge in question be well founded, although its ad-
mission would inscribe on our history a page which we might desire

3IO Messages and Papers of the Presidents

most of all to obliterate, and although, if true, it must painfully dis-
turb our confidence in the justice and the high sense of moral and
political responsibility of those whose memories we have been taught to
cherish with so much reverence and respect, still we have only one course
of action left to us, and that is to make the most prompt and ample
reparation in our power and consign the wrong as far as may be to for-
getfulness.

But no such heavy sentence of condemnation should be lightly passed
upon the sagacious and patriotic men who participated in the transac-
tions out of which these claims are supposed to have arisen, and who,
from their ample means of knowledge of the general subject in its
minute details and from their official position, are peculiarly responsi-
ble for whatever there is of wrong or injustice in the decisions of the
Government.

Their justification consists in that which constitutes the objection to
the present bill, namely, the absence of any indebtedness on the part
of the United States. The charge of denial of justice in this case, and
consequent stain upon our national character, has not yet been indorsed
by the American people. But if it were otherwise, this bill, so far from
relieving the past, would only stamp on the present a more deep and
indelible stigma. It admits the justice of the claims, concedes that pay-
ment has been wrongfully withheld for fifty years, and then proposes not
to pay them, but to compound with the public creditors by providing
that, whether the claims shall be presented or not, whether the sum
appropriated shall pay much or little of what shall be found due, the
law itself shall constitute a perpetual bar to all future demands. This is
not, in my judgment, the way to atone for wrongs if they exist, nor to
meet subsisting obligations.

If new facts, not known or not accessible during the Administration
of Mr. Jefferson, Mr. Madison, or Mr. Monroe, had since been brought
to light, or new sources of information discovered, this would greatly
relieve the subject of embarrassment. But nothing of this nature has
occurred.

That those eminent statesmen had the best means of arriving at a cor-
rect conclusion no one will deny. That they never recognized the alleged
obligation on the part of the Government is shown by the history of
their respective Administrations. Indeed, it stands not as a matter of
controlling authority, but as a fact of history, that these claims have
never since our existence as a nation been deemed by any President
worthy of recommendation to Congress.

Claims to payment can rest only on the plea of indebtedness on the
part of the Government. This requires that it should be shown that the
United States have incurred liability to the claimants, either by such acts
as deprived them of their property or by having actually taken it for
public use without making just compensation for it.

Franklin Pierce

3^1

The first branch of the proposition — that on which an equitable claim
to be indemnified by the United States for losses sustained might rest —
requires at least a cursory examination of the history of the transactions
on which the claims depend. The first link which in the chain of events
arrests attention is the treaties of alliance and of amity and commerce
between the United States and France negotiated in 1 778. By those trea-
ties peculiar privileges were secured to the armed vessels of each of the
contracting parties in the ports of the other, the freedom of trade was
greatly enlarged, and mutual obligations were incurred by each to guar-
antee to the other their territorial possessions in America.

In 1792-93, when: war broke out between France and Great Britain,
the former claimed privileges in American ports which our Government
did not admit as deducible from the treaties of 1778, and which it was
held were in conflict with obligations to the other belligerent powers.
The liberal principle of one of the treaties referred to — that free ships
make free goods, and that subsistence and supplies were not contraband
of war unless destined to a blockaded port — was found, in a commer-
cial vnew, to operate disadvantageously to France as compared with her
enemy. Great Britain, the latter asserting, under the law of nations, the
right to capture as contraband supplies when bound for an enemy's
port.

Induced mainly, it is believed, by these considerations, the Govern-
ment of France decreed on the 9th of May, 1793, the first year of the
war, that "the French people are no longer permitted to fulfill toward
the neutral powers in general the vows they have so often manifested,
and which they constantly make for the full and entire liberty of com-
merce and navigation," and, as a counter measure to the course of Great
Britain, authorized the seizure of neutral vessels bound to an enemy's
port in like manner as that was done by her great maritime rival. This
decree was made to act retrospectively, and to continue until the enemies
of France should desist from depredations on the neutral vessels bound
to the ports of France. Then followed the embargo, by which our
vessels were detained in Bordeaux; the seizure of British goods on lx)ard
of our ships, and of the property of American citizens under the pre-
tense that it belonged to English subjects, and the imprisonment of
American citizens captured on the high seas.

Against these infractions of existing treaties and violations of our rights
r.s a neutral power we complained and remonstrated. For the property of
our injured citizens we demanded that due compensation should l)e made,
and from 1793 to 1797 used every means, ordinary and extraordinary, to
obtain redress by negotiation. In the last-mentioned year these cfTorts
were met by a refusal to receive a minister sent by our Goverinneiit with
special instructions to represent the amicable disposition of the Govern-
ment and people of the United States and their desire to remove jealousies
and to restore confidence by showing that the complaints against them

3 1 2 Messages and Papers of the Presidents

were groundless. Failing in this, another attempt to adjust all differ-
ences between the two Republics was made in the form of an extraor-
dinary mission, composed of three distinguished citizens, but the refusal
to receive was offensively repeated, and thus terminated this last effort to
preserve peace and restore kind relations wdth our early friend and ally,
to whom a debt of gratitude was due which the American people have
never been willing to depreciate or to forget. Years of negotiation had
not only failed to secure indemnity for our citizens and exemption from
further depredation, but these long-continued efforts had brought upon
the Government the suspension of diplomatic intercourse with France
and such indignities as to induce President Adams, in his message of
May 1 6, 1797, to Congress, convened in special session, to present it as
the particular matter for their consideration and to speak of it in terms
of the highest indignation. Thenceforward the action of our Government
assumed a character which clearly indicates that hope was no longer
entertained from the amicable feeling or justice of the Government of
France, and hence the subsequent measures w'ere those of force.

On the 28th of May, 1798, an act was passed for the employment of
the Navy of the United States against ' ' armed vessels of the Republic
of France," and authorized their capture if "found hovering on the
coast of the United States for the purpose of committing depredations
on the vessels belonging to the citizens thereof;" on the i8th of June,
1798, an act was passed prohibiting commercial intercourse with France
under the penalty of the forfeiture of the vessels so emplo^-ed; on the
25th of June, the same year, an act to arm the merchant marine to oppose
searches, capture aggressors, and recapture American vessels taken by
the French; on the 28th of June, same year, an act for the condemnation
and sale of French vessels captured by authority of the act of 28th of May
preceding; on the 27th of July, same year, an act abrogating the trea-
ties and the convention which had been concluded between the United
States and France, and declaring "that the same .shall not henceforth
be regarded as legally obligatory on the Government or citizens of the
United States; " on the 9th of the same month an act was passed which
enlarged the limits of the hostilities then existing by authorizing our
public vessels to capture armed vessels of France wherever found upon
the high seas, and conferred power on the President to issue commis-
sions to private armed vessels to engage in like service.

These acts, though short of a declaration of war, which would put all
the citizens of each country in hostility with tho.se of the other, were,
nevertheless, actual war, partial in its application, maritime in its char-
acter, but which required the expenditure of much of our public treasure
and much of the blood of our patriotic citizens, who, in vessels but little
suited to the purposes of war, went forth to battle on the high seas for
the rights and security of their fellow-citizens and to repel indignities
offered to the national honor.

Franklin Pierce 313

It is not, then, because of any failure to use all available means, diplo-
matic and military, to obtain reparation that liability for private claims
can have been incurred by the United States, and if there is any pretense
for such liability it must flow from the action, not from the neglect,
of the United States. The first complaint on the part of France was
against the proclamation of President Washington of April 22, 1793.
At that early period in the war which involved Austria, Prussia, Sar-
dinia, the United Netherlands, and Great Britain on the one part and
France on the other, the great and wise man who was the Chief Execu-
tive, as he was and had been the guardian of our then infant Republic,
proclaimed that ' ' the duty and interest of the United States require that
they should with sincerity and good faith adopt and pursue a conduct
friendly and impartial toward the belligerent powers. ' ' This attitude of
neutrality, it was pretended, was in disregard of the obligations of alliance
between the United States and France. And this, together with the often-
renewed complaint that the stipulations of the treaties of 1778 had not
been obser\^ed and executed by the United States, formed the pretext for
the series of outrages upon our Government and its citizens which finally
drove us to seek redress and safety by an appeal to force. The treaties
of 1778, so long the subject of French complaints, are now understood to
be the foundation upon which are laid these claims of indemnity from
the United States for spoliations committed by the French prior to 1800.
The act of our Government which abrogated not only the treaties of
1778, but also the subsequent consular convention of 1788, has already
been referred to, and it may be well here to inquire what the course of
France was in relation thereto. By the decrees of 9th of May, 1793, 7tli
of July, 1796, and 2d of March, 1797, the stipulations which were then
and subsequently most important to the United States were rendered
wholly inoperative. The highly injurious effects which these decrees are
known to have produced show how vital were the provisions of treaty
which they violated, and make manifest the incontrovertible right of the
United States to declare, as the consequence of these acts of the other
contracting party, the treaties at an end.

The next step in this inquiry is whether the act declaring the treaties
null and void was ever repealed, or whether by any other means the
treaties were ever revived so as to be either the subject or the source of
national obligation. The war which has been described was terminated
In* the treaty of Paris of 1800, and to that in.strument it is ne.^e.ssary to
turn to find how much of preexisting obligations between the two Oov-
enunents outlived the hostilities in which they had l>een engaged. By
the .second article of the treaty of 1800 it was declared that the ministers
plenipotentiary of the two parties not being able to agree respecting the
treaties of alliance, amity, and commerce of 1778 and the convention of
1788, nor upon the indemnities mutually due or claimed, the jjartics will
negotiate further on these subjects at a convenient time; and until they

314 Messages and Papers of the Presidents

shall have agreed upon these points the said treaties and convention shall
have no operation.

When the treaty was submitted to the Senate of the United States, the
second article was disagreed to and the treaty amended by striking it
out and inserting a provision that the convention then made should con-
tinue in force eight years from the date of ratification, which conven-
tion, thus amended, was accepted by the First Consul of France, with the
addition of a note explanatory of his construction of the convention, to
the effect that by the retrenchment of the second article the two States
renounce the respective pretensions which were the object of the said
article.

It will be perceived by the language of the second article, as originally
framed by the negotiators, that they had found themselves unable to ad-
just the controversies on which years of diplomacy and of hostilities had
been expended, and that they were at last compelled to postpone the dis-
cussion of those questions to that most indefinite period, a "convenient
time." All, then, of these subjects which was revived by the conven-
tion was the right to renew, when it should be convenient to the parties,
a discussion which had already exhausted negotiation, involved the two
countries in a maritime war, and on which the parties had approached no
nearer to concurrence than they were when the controversy began.

The obligations of the treaties of 1778 and the convention of 1788
were mutual, and estimated to be equal. But however onerous they
may have been to the United States, they had been abrogated, and were
not revived by the convention of 1800, but expressly spoken of as sus-
pended until an event which could only occur by the pleasure of the
United States. It seems clear, then, that the United States were relieved
of no obligation to France by the retrenchment of the second article of
the convention, and if thereby France was relieved of any valid claims
against her the United States received no consideration in return, and
that if private property was taken by the United States from their own
citizens it was not for public use. But it is here proper to inquire
whether the United States did relieve France from valid claims against
her on the part of citizens of the United States, and did thus deprive
them of their property.

The complaints and counter complaints of the two Governments had
been that treaties were violated and that both public and individual rights
and interests had been sacrificed. The correspondence of our ministers
engaged in negotiations, both before and after the convention of 1800,
sufficiently proves how hopeless was the effort to obtain full indemnity
from France for injuries inflicted on our commerce from 1793 to 1800,
unless it should be by an account in which the rival pretensions of the
two Governments should each be acknowledged and the balance struck
between them.

It is supposable, and may be inferred from the contemporaneous history

Franklin Pierce 315

as probable, that had the United States agreed in 1800 to revive the trea-
ties of 1778 and 1788 with the construction which France had placed upon
them, that the latter Government would, on the other hand, have agreed
to make indemnity for those spoliations which were committed under the
pretext that the United States were faithless to the obligations of the alli-
ance between the two countries.

Hence the conclusion that the United States did not sacrifice private
rights or property to get rid of public obligations, but only refused to
reassume public obligations for the purpose of obtaining the recognition
of the claims of American citizens on the part of France.

All those claims which the French Government was willing to admit
were carefully provided for elsewhere in the convention, and the decla-
ration of the First Consul, which was appended in his additional note,
had no other application than to the claims which had been mutually
made by the Governments, but on which they had never approximated
to an adjustment. In confirmation of the fact that our Government did
not intend to cease from the prosecution of the j ust claims of our citi-
zens against France, reference is here made to the annual message of
President Jefferson of December 8, 1801, which opens with expressions
of his gratification at the restoration of peace among sister nations; and,
after speaking of the assurances received from all nations with whom
we had principal relations and of the confidence thus inspired that our
peace with them would not have been disturbed if they had continued
at war with each other, he proceeds to say:

But a cessation of irregularities which had affected the commerce of neutral na-
tions, and of the irritations and injuries produced by them, can not but add to this
confidence, and strengthens at the same time the hope that wrongs comniitted on
unoffending friends under a pressure of circumstances will now be reviewed with
candor, and will be considered as founding just claims of retribution for the past and
new assurance for the future.

The zeal and diligence with which the claims of our citizens against
France were prosecuted appear in the diplomatic correspondence of the
three years next succeeding the convention of 1800, and the effect of
these efforts is made manifest in the convention of 1803, in which pro-
vision was made for payment of a class of cases the consideration of
which France had at all previous periods refused to entertain, and which
are of that very class which it has been often assumed were released
by striking out the second article of the convention of 1800. This is
shown by reference to the preamble and to the fourth and fifth articles
of the convention of 1803, by which were admitted among the debts
due by France to citizens of the United States the amounts chargeable
for ' ' prizes made at sea in which the appeal has been properly lodged
within the time mentioned in the said convention of the 30th of Sep-
tember, tSoo;" and this class was further defined to be only "captures
of which the council of prizes slinll have ordered restitution, it l>eing

3i6 Messages and Papers of the Presidents

well understood that the claimant can not have recourse to the United
States otherwise than he might have had to the French Republic, and
only in case of the insufficiency of the captors. ' '

If, as was affirmed on all hands, the convention of 1 803 was intended to
close all questions between the Governments of France and the United
States, and 20,000,000 francs were set apart as a sum which might ex-
ceed, but could not fall short of, the debts due by France to the citizens
of the United States, how are w^e to reconcile the claim now presented
with the estimates made by those who were of the time and immediately
connected with the events, and whose intelligence and integrity have in
no small degree contributed to the character and prosperity of the coun-
try in which we live ? Is it rational to assume that the claimants who
now present themselves for indemnity by the United States represent
debts which would have been admitted and paid by France but for the
intervention of the United States ? And is it possible to escape from the
effect of the voluminous evidence tending to establish the fact that France
resisted all these claims; that it was only after long and skillful negotia-
tion that the agents of the United States obtained the recognition of such
of the claims as were provided for in the conventions of 1800 and 1803?
And is it not conclusive against any pretensions of possible success on
the part of the claimants, if left unaided to make their applications to
France, that the only debts due to American citizens which have been
paid by France are those which were assumed by the United States as
part of the consideration in the purchase of Louisiana?

There is little which is creditable either to the judgment or patriot-
ism of those of our fellow-citizens who at this day arraign the justice,
the fidelity, or love of country of the men who founded the Republic in
representing them as having bartered away the property of individuals
to escape from public obligations, and then to have withheld from them
just compensation. It has been gratifying to me in tracing the history
of these claims to find that ample evidence exists to refute an accusa-
tion which would impeach the purity, the justice, and the magnanimity
of the illustrious men who guided and controlled the early destinies of
the Republic.

I pass from this review of the history of the subject, and, omitting
many substantial objections to these claims, proceed to examine some-
what more closely the only grounds upon which they can by possibility
be maintained.

Before entering on this it may be proper to state distinctly certain
propositions which it is admitted on all hands are essential to prove the
obligations of the Government.

First. That at the date of the treaty of September 30, 1800, these
claims were valid and subsisting as against France.

Second. That they were released or extinguished by the United States
in that treaty and by the manner of its ratification.

Franklin Pierce 317

Third. That they were so released or extinguished for a consideration
valuable to the Government, but in which the claimants had no more
interest than any other citizens.

The convention between the French Republic and the United States
of America signed at Paris on the 30th day of September, 1800, purports
in the preamble to be founded on the equal desire of the First Consul
(Napoleon Bonaparte) and the President of the United States to termi-
nate the differences which have arisen between the two States. It de-
clares, in the first place, that there shall be firm, inviolable, and universal
peace and a true and sincere friendship between the French Republic and
the United States. Next it proceeds, in the second, third, fourth, and fifth
articles, to make provision in sundry respects, having reference to past
differences and the transition from the state of war between the two
countries to that of general and permanent peace. Finally, in the resi-
due of the twenty-seventh article, it stipulates anew the conditions of
amity and intercourse, commercial and political, thereafter to exist, and,
of course, to be substituted in place of the previous conditions of the
treaties of alliance and of commerce and the consular convention, which
are thus tacitly but unequivocally recognized as no longer in force, but
in effect abrogated, either by the state of war or by the political action of
the two Republics.

Except in so far as the whole convention goes to establish the fact
that the previous treaties were admitted on both sides to be at an end,
none of the articles are directly material to the present question save
the following:

Art. II. The ministers plenipotentiary of the two parties not being able to agree at
present respecting the treaty of alliance of 6th Februar3% 1778, the treat}' of amity
and commerce of the same date, and the convention of 14th of November, 1788, nor
upon the indemnities nmtually due or claimed, the parties will negotiate further on
these subjects at a convenient time; and until they may have agreed ujwn these
points the said treaties and convention shall have no operation, and the relations of
the two countries shall be regulated as follows:

* * * * * * * ■

Art. V. The debts contracted by one of the two nations with individuals of the
other, or by the individuals of one with the individuals of the other, shall be paid, or
the payment may be prosecuted, in the same manner as if there had been no mis-
understanding between the two States. But this clause shall not extend to iiidttn-
nities claimed on account of captures or confiscations.

On this convention being submitted to the Senate of the United vStatcs,
they con.sented and advised to its ratification with the following proviso:

Provided, That the second article be expunged, and that the following article be
added or inserted: It is agreed that the present convention sliall be in force for the
term of eight years from the time of the exchange of ratifications.

The spirit and purpo.se of this change are apparent and iininislakahlc.
The convention as signed by the respective pleni]K)tentiaries did not
adjust all the points of controversy. Both nations, however, (lesircd the

3i8 Messages and Papers of the Presidents

restoration of peace. Accordingly, as to those matters in the relations
of the two countries concerning which they could agree, they did agree
for the time being; and as to the rest, concerning which they could not
agree, they suspended and postponed further negotiation.

They abandoned no pretensions, they relinquished no right on either
side, but simply adjourned the question until "a convenient time."
Meanwhile, and until the arrival of such convenient time, the relations
of the two countries were to be regulated by the stipulations of the
convention.

Of course the convention was on its face a temporary and provi-
sional one, but in the worst possible form of prospective termination. It
was to cease at a convenient time. But how should that convenient
time be ascertained? It is plain that such a stipulation, while profess-
edly not disposing of the present controversy, had within itself the germ
of a fresh one, for the two Governments might at any moment fall into
dispute on the question whether that convenient time had or had not
arrived. The Senate of the United States anticipated and prevented
this question by the only possible expedient; that is, the designation
of a precise date. This being done, the remaining parts of the second
article became superfluous and useless, for as all the provisions of the
convention would expire in eight years, it would necessarily follow that
negotiations must be renewed within that period, more especially as
the operation of the amendment which covered the whole convention was
that even the stipulation of peace in the first article became temporary
and expired in eight years, whereas that article, and that article alone,
was permanent according to the original tenor of the convention.

The convention thus amended, being submitted to the First Consul,
was ratified by him, his act of acceptance being accompanied with the
following declaratory note:

The Government of the United States having added in its ratification that the con-
vention should be in force for the space of eight years, and having omitted the second
article, the Government of the French Republic consents to accept, ratify, and con-
firm the above convention with the addition importing that the convention shall be
in force for the space of eight years and with the retrenchment of the second article:
Provided, That by this retrenchment the two States renounce the respective preten-
sions which are the object of the said article.

The convention, as thus ratified by the First Consul, having been again
submitted to the Senate of the United States, that body resolved that
"they considered the convention as fully ratified," and returned the
same to the President for promulgation, and it was accordingly promul-
gated in the usual form by President Jefferson.

Now it is clear that in simply resolving that ' ' they considered the con-
vention as fully ratified" the Senate did in fact abstain from any express
declaration of dissent or assent to the construction put by the First Con-
sul on the retrenchment of the second article. If any inference beyond
this can be drawn from their resolution, it is that they regarded the

Franklin Pierce 319

proviso annexed by the First Consul to his declaration of acceptance as
foreign to the subject, as nugatory, or as without consequence or effect.
Notwithstanding this proviso, they considered the ratification as full. If
the new proviso made any change in the previous import of the conven-
tion, then it was not full; and in considering it a full ratification they
ill substance deny that the proviso did in any respect change the tenor
of the convention.

By the second article, as it originally stood, neither Republic had re-
linquished its existing rights or pretensions, either as to other previous
treaties or the indemnities mutually due or claimed, but only deferred
the consideration of them to a convenient time. . By the amendment
of the Senate of the United States that convenient time, instead of being
left indefinite, was fixed at eight years; but no right or pretension of
either party was surrendered or abandoned.

If the Senate erred in assuming that the proviso added by the First
Consul did not affect the question, then the transaction would amount to
nothing more than to have raised a new question, to be disposed of on
resuming the negotiations, namely, the question whether the proviso of
the First Consul did or not modify or impair the effect of the convention
as it had been ratified by the Senate.

That such, and such only, was the true meaning and effect of the trans-
action; that it was not, and was not intended to be, a relinquishment by
the United States of any existing claim on France, and especially that
it was not an abandonment of any claims of individual citizens, nor the
set off of these against any conceded national obligations to France, is
shown by the fact that President Jefferson did at once resume and prose-
cute to successful conclusion negotiations to obtain from France indem-
nification for the claims of citizens of the United States existing at the
date of that convention; for on the 30th of April, 1803, three treaties
were concluded at Paris between the United States of America and
the French Republic, one of which embraced the cession of Louisiana;
another .stipulated for the payment of 60,000,000 francs by the United
States to France; and a third provided that, for the .satisfaction of sums
due by France to citizens of the United States at the conclusion of the con-
vention of September 30, 1800, and in express compliance with the sec-
ond and fifth articles thereof, a further .sum of 20,000,000 francs should
be appropriated and paid by the United States. In the i)reaml)le to the
first of these treaties, which ceded Louisiana, it is set forth that —

The President of the United States of America and the Finst Consul of the I'rciicli
Republic, in the name of the I'rench people, desirinfj to remove all source of mis-
understanding relative to objects of discussion mentioned in the .second and tifth
articles of the convention of the 8th Vend^miaire, an 9 ( 30th Septem1)er, i Stx) ) , rclali vc
to the rights claimed by the United States in virtue of the treaty concluded at Mad-
rid the 27th of October, 1795, l>etween His Catholic Majesty and the s;iid I'nitid
States, and willing to .strengthen the union and friendshij) which at the lime of the
said convention was happily reestablished between the two nations, have respectively

320 Messages and Papers of the Presidents

named their plenipotentiaries, * * * who * * * have agreed to the follow-
ing articles.

Here is the most distinct and categorical declaration of the two Gov-
ernments that the matters of claim in the second article of the conven-
tion of 1800 had not been ceded away, relinquished, or set off, but they
were still subsisting subjects of demand against France. The same
declaration appears in equally emphatic language in the third of these
treaties, bearing the same date, the preamble of which recites that —

The President of the United States of America and the First Consul of the French
Republic, in the name of the French people, having by a treaty of this date termi-
nated all difficulties relative to Louisiana and established on a solid foundation the
friendship which unites the two nations, and being desirous, in compliance with
the second and fifth articles of the convention of the 8th Vendemiaire, ninth year
of the French Republic (30th September, 1800), to secure the payment of the sums
due by France to the citizens of the United States, have appointed plenipotentiaries —

who agreed to the following among other articles:

Art. I. The debts due by France to citizens of the United States, contracted before
the 8th of Vendemiaire, ninth year of the French Republic (30th September, 1800),
shall be paid according to the following regulations, with interest at 6 per cent, to
commence from the periods when the accounts and vouchers were presented to the
French Government.

Art. II. The debts provided for by the preceding article are those whose result is
comprised in the conjectural note annexed to the present convention, and which,
with the interest, can not exceed the sum of 2o,ooo,cxxd francs. The claims com-
prised in the said note which fall within the exceptions of the following articles shall
not be admitted to the benefit of this provision.

* -X- 4f- * * « *

Art. IV. It is expressly agreed that the preceding articles shall comprehend no
debts but such as are due to citizens of the United States who have been and are yet
creditors of France for supplies, for embargoes, and prizes made at .sea in which the
appeal has been properly lodged within the time mentioned in the said convention,
8th Vendemiaire, ninth year (30th September, 1800).

Art. V. The preceding articles shall apply only, first, to captures of which the
council of prizes shall have ordered restitution, it being well understood that the
claimant can not have recourse to the United States otherwise than he might have
had to the Government of the French Republic, and only in case of insufficiency
of the captors; second, the debts mentioned in the said fifth article of the convention,
contracted before the 8th Vendemiaire, an 9 (30th September, 1800), the payment
of which has been heretofore claimed of the actual Government of France and for
which tlie creditors have a right to the protection of the United States; the .said fifth
article does not comprehend prizes whose condemnation has been or shall be con-
firmed. It is the express intention of the contracting parties not to extend the benefit
of the present convention to reclamations of American citizens who .shall have estab-
lished houses of commerce in France, England, or other countries than the United
States, in partnership with foreigners, and who by that reason and the nature of their
commerce ought to be regarded as domiciliated in the places where such houses
exist. All agreements and bargains concerning merchandise which .shall not be the
property of American citizens are equally excepted from the benefit of the said con-
vention, saving, however, to such persons their claims in like manner as if this treaty
had not been made.

*******

Franklin Pierce 321

Art. XII. In case of claims for debts contracted by the Government of France
with citizens of the United States since the 8th Vendemiaire, ninth year (30th Sep-
tember, 1800), not being comprised in this convention, maybe pursued, and the pay-
ment demanded in the same manner as if it had not been made.

Other articles of the treat}' provide for the appointment of agents to
liquidate the claims intended to be secured, and for the payment of them
as allowed at the Treasury of the United States. The following is the
concluding clause of the tenth article:

The rejection of any claim shall have no other effect than to exempt the United
States from the payment of it, the French Government reserving to itself the right
to decide definitively on such claim so far as it concerns itself.

Now, from the provisions of the treaties thus collated the following
deductions undeniably follow, namely:

First. Neither the second article of the convention of 1800, as it orig-
inally stood, nor the retrenchment of that article, nor the proviso in the
ratification by the First Consul, nor the action of the Senate of the United
States thereon, was regarded by either France or the United States as
the renouncement of any claims of American citizens against France.

Second. On the contrary, in the treaties of 1803 the two Govern-
ments took up the question precisely where it was left on the day of the
signature of that of 1800, without suggestion on the part of France
that the claims of our citizens were excluded by the retrenchment of the
second article or the note of the First Consul, and proceeded to make
ample provision for such as France could be induced to admit were justly
due, and they were accordingly discharged in full, with interest, by the
United States in the stead and behalf of France.

Third. The United States, not having admitted in the convention of iSoo
that they were under any obligations to France by rea.son of the abroga-
tion of the treaties of 1 778 and 1 788, persevered in this view of the question
by the tenor of the treaties of 1803, and therefore had no .such national
obligation to di.scharge, and did not, either in purpose or in fact, at any
time undertake to discharge themselves from any such obligation at the
expen.se and with the property of individual citizens of the I'nited States.

Fourth. By the treaties of 1803 the United States obtained from France
the acknowledgment and payment, as part of the indenniity for the ces-
sion of Louisiana, of claims of citizens of the United States for .spoliations,
so far as France would admit her liability in the premi.ses; but even then
the United States did not relinquish any claim of American citizens not
provided for by those treaties; so far from it, to the honor of France be
it remembered, she expres.sly re.served to herself the riglit to reconsider
any rejected claims of citizens of the United States.

Fifth. As to claims of citizens of the United States against France,
which had Ijeen the .subject of controversy between the two comitries
prior to the .signature of the convention of i8cx), and the fnrther con-
sideration of which was reser\-ed for a more convenient time by the
M P— vol, V— 21

322 Messages and Papers of the Presidents

second article of that convention, for these claims, and these only, pro-
vision was made in the treaties of 1803, all other claims being expressly-
excluded by them from their scope and purview.

It is not to be overlooked, though not necessary to the conclusion,
that by the convention between France and the United States of the 4th
of July, 183 1, complete provision was made for the liquidation, discharge,
and payment on both sides of all claims of citizens of either against the
other for unlawful seizures, captures, sequestrations, or destructions of
the vessels, cargoes, or other property, without any limitation of time,
so as in terms to run back to the date of the last preceding settlement, at
least to that of 1803, if not to the commencement of our national relations
with France.

This review of the successive treaties between France and the United
States has brought my mind to the undoubting conviction that while the
United States have in the most ample and the completest manner dis-
charged their duty toward such of their citizens as maj^ have been at any
time aggrieved by acts of the French Government, so also France has
honorabl}^ discharged herself of all obligations in the premises toward the
United States. To concede w^hat this bill assumes would be to impute
undeserved reproach both to France and to the United States.

I am, of course, aware that the bill proposes only to provide indemni-
fication for such valid claims of citizens of the United States against
FVance as shall not have been stipulated for and embraced in any of the
treaties enumerated. But in excluding all such claims it excludes all,
in fact, for which, during the negotiations, France could be persuaded to
agree that she was in any wise liable to the United States or our citizens.
What remains? And for what is five millions appropriated? In view of
what has been said there would seem to be no ground on which to raise
a liability of the United States, unless it be the assumption that the
United States are to be considered the insurer and the guarantor of all
claims, of whatever nature, which any individual citizen may have against

a foreign nation. ^ , „ ^

^ FRANKLIN PIERCE.

Washington, March j, [/<y5'5.]
To the H021SC of Representatives:

I return herewith to the House of Representatives, in which it origi-
nated, the bill entitled "An act making appropriations for the transpor-
tation of the United States mail, by ocean steamers and otherwise, during
the fiscal years ending the 30th of June, 1855, and the 30th of June,
1856," with a brief statement of the reasons which prevent its receiving
my approval. The bill provides, among other things, that —

The following sums lie, and the same are hereby, appropriated, to be paid out of
any money in the Treasury not otherwise appropriated, for the year ending the 30th
of June, 1856:

For transportation of the mails from New York to Liverpool and back, 1858,000;

Franklin Pierce 323

and that the proviso contained in the first section of the act entitled "An act to
supply deficiencies in the appropriations for the service of the fiscal year ending the
30th of June, 1852," approved the 21st of July, 1852, be, and the same is hereby,
repealed: Proznded, That Edward K. Collins and his associates shall proceed with
all due diligence to build another steamship, in accordance with the terms of their
contract, and have the same ready for the mail service in two jears from and after
the passage of this act; and if the said steamship is not ready within the time above
mentioned, by reason of any neglect or want of diligence on their part, then the
said Edward K. Collins and his associates shall carr}- the United States mails be-
tween New York and Liverpool from the expiration of the said two years, every
fortnight, free of any charge to the Government, until the new steamship shall have
commenced the said mail service.

The original contract was predicated upon the proposition of E. K.
Collins of March 6, 1846, made with abundant means of knowledge as
to the advantages and disadvantages of the terms which he then sub-
mitted for the acceptance of the Government. The proposition was in

the following terms:

Washington, March 6, 1S46.

E. K. Collins and his associates propose to carry the United States mail between
New York and Liverpool twice each month during eight months of the year and once
a month during the other four months for the sum of |:385,cxx) per annum, paj-able
quarterly. For this purpose they will agree to build five steamships of not less than
2,000 tons measurement and of 1,000 horsepower each, which vessels shall be built
for great speed and sufficiently strong for war purposes.

Four of stiid vessels to be ready for ser\ice in eighteen months from the signing of
the contract. The fifth vessel to be built as early as possibly practicable, and when
not employed in the mail service to be subject to the orders of the Govenmient for
carrj-ing dispatches, for which service a fair compensation is to be paid. Contract to
Ije for the term of ten years. It is also proposed to .secure to the Ignited States the
privilege of purchasing said steam.ships whenever they may be required for public
purposes, at a fair valuation, to be ascertained by apprai.sers appointed by the United
States and by the owners. EDWARD K. COLLINS.

The act of March 3, 1847, provides —

That from and immediately after the pas.sage of this act it shall be the duty of the
Secretary of the Navy to accept, on the part of the Government of the I'nited .States,
the proposals of E. K. Collins and his a.ssociates, of the city of New York, submitted
to the Postma.ster-General, and dated at Wa.shington, March 6, 1846, for the trans-
portati(jn of the United States mail l)etween New York and Liverpool, and to con-
tract with the .said E. K. Collins and his as.sociates for the faithful fulfillment of the
stipulations therein contained, and in accordance with the provisions of this act.

And under this proposition and enactment the original contract was
made.

According to tlie terms of that contract the parties were to receive
from the United States for twenty round trips each year the sum of
$19,250 the trip, or $385,000 per annum; and they were to constnicl and
l)rovide five ships of a .stipulated size and (juality for the iK-rfonnaiue
of this or other ser\-ice for tlie (lovernment.

Of the .ships contracted for, only four have been furnished — the Atlan-
tic, Pacific, Arctic, and Baltic — and the present bill proix)ses to dispense

324 Messages and Papers of the Presidents

entirely with the original condition of a fifth ship, by only requiring the
construction of one, which would but supply the place of the Arctic^
recently lost by peril of the sea. Certain minor conditions involving ex-
pense to the contractors, among which was one for the accommodation
and subsistence of a certain number of passed midshipmen on each vessel,
had previously been dispensed with on the part of the United States.

By act of Congress of Jul}' 21 , 1852, the amount of compensation to the
contractors was increased from ^19,250 to $33,000 a trip and the number
of trips from twentj' to twenty-six each year, making the whole com-
pensation $858,000 per annum. During the period of time from the
commencement of the service of these contractors, on the 27th of April,
1850, to the end of the last fiscal year, June 30, 1854, the sum paid to
them by the United States amounted to $2,620,906, without reckoning
public money advanced on loan to aid them in the construction of the
ships; while the whole amount of postages derived to the Department has
been only $734,056, showing an excess of expenditure above receipts
of $1,886,440 to the charge of the Government. In the meantime,
in addition to the payments from the Treasury, the parties have been in
the enjoyment of large receipts from the transportation of passengers
and merchandise, the profits of which are in addition to the amount
allowed by the United States.

It does not appear that the liberal conditions heretofore enjoyed hy the
parties were less than a proper compensation for the service to be per-
formed, including whatever there may have been of hazard in a new under-
taking, nor that any hardship can be justly alleged calling for relief on
the part of the Government.

On the other hand, the construction of five ships of great speed, and
sufficiently strong for war purposes, and the ser\'ices of passed midship-
men on board of them, so as thus to augment the contingent force and
the actual efficiency of the Na\y, were among the inducements of the
Government to enter into the contract.

The act of July 21, 1852, provides "that it shall be in the power of
Congress at any time after the 31st day of December, 1854, to terminate
the arrangement for the additional allowance herein provided for upon
giving six months' notice;" and it will be seen that, with the exception
of the six additional trips required by the act of July 21, 1852, there
has been no departure from the original engagement but to relieve the
contractors from obligation, and yet by the act last named the compen-
sation was increased from $385,000 to $858,000, with no other protec-
tion to the public interests provided than the right which Congress
reserved to itself to terminate the contract, so far as this increased com-
pensation was concerned, after six months' notice. This last provision,
certainly a primary consideration for the more generous action of the
Government, the present bill proposes to repeal, so as to leave Congress
no power to terminate the new arrangement.

Franklhi Pierce 325

To this repeal the objections are, in my mind, insuperable, because
in terms it deprives the United States of all future discretion as to the
increased service and compensation, whatever changes may occur in the
art of navigation, its expenses, or the policy and political condition of
the countr>'. The gravity of this objection is enhanced by other con-
siderations. While the contractors are to be paid a compensation nearly
double the rate of the original contract, they are exempted from several
of its conditions, which has the effect of adding still more to that rate;
while the further advantage is conceded to them of placing their new
privileges beyond the control even of Congress.

It will be regarded as a less serious objection than that already stated,
but one which .should not be overlooked, that the privileges bestov;ed
upon the contractors are without corresponding advantages to the Gov-
ernment, which receives no sufficient pecuniary or other return for the
immen.se outlay involved, which could obtain the .same service of other
parties at less cost, and which, if the bill Ijecomes a law, will pay them
a large amount of public money without adequate consideration; that
is, will in effect confer a gratuitj' whilst nominally making provision for
the transportation of the mails of the United States.

To provide for making a donation of such magnitude and to give to
the arrangement the character of permanence which this bill proposes
would l^e to deprive commercial enterprise of the benefits of free compe-
tition and to establish a monopoly in violation of the soundest princi-
ples of public policN' and of doubtful compatibility with the Constitution.

I am, of course, not unmindful of the fact that the bill comprises
various other appropriations which are more or less imjxjrtant to the
public interests, for which reason my objections to it are connnuni-
cated at the first meeting of the Hou.se following its presentation to me,
in the hope that by amendment to bills now pending or otherwise suit-
able provision for all the objects in question may be made before the
adjournment of Congre.ss. FRANKLIN PIERCE.

PROCLAMATIONS.
By thk Prksidrnt of thk Unitkd vStatks ok Ami-;kica.

A I'ROCLAM.VTION.

Whereas by an act of the Congress of the ITnitcd vStatcs a])]>n>ve<l the
5th day of August, 1H54, entitled "An act to carry into elTect a treaty
Ixitween the United States and Great Britain signed on the stli day of
June, 1854," it is provided that whenever the President of tht- United
States .shall receive .satisfactory evidence that the linjKrial Parliament of
Great Britain and the Provincial Parliaments of Canada, New Brunswick,

326 Messages and Papers of the Presidents

Nova Scotia, and Prince Edwards Island liave passed laws on their part
to give full effect to the provisions of the said treaty, he is authorized to
issue his proclamation declaring that he has such evidence; and

Whereas satisfactory information has been received by me that the
Imperial Parliament of Great Britain and the Provincial Parliaments of
Canada, New Brunswick, Nova Scotia, and Prince Edwards Island have
passed laws on their part to give full effect to the provisions of the treaty
aforesaid:

Now, therefore, I, Franklin Pierce, President of the United States of
America, do hereby' declare and proclaim that from this date the follow-
ing articles, being the growth and produce of the said Provinces of Can-
ada. New Brunswick, Nova Scotia, and Prince Edwards Island, to wit:
Grain, flour, and breadstuffs of all kinds; animals of all kinds; fresh,
smoked, and salted meats; cotton wool, seeds and vegetables, undried
fruits, dried fruits, fish of all kinds, products of fish and all other crea-
tures living in the water, poultry, eggs; hides, furs, skins, or tails, un-
dressed; stone or marble in its crude or unwrought state, slate, butter,
cheese, tallow, lard, horns, manures, ores of metals of all kinds, coal,
pitch, tar, turpentine, ashes; timber and lumber of all kinds, round,
hewed, and sawed, unmanufactured in whole or in part; firewood; plants,
shrubs, and trees; pelts, wool, fish oil, rice, broom corn, and bark; gypsum,
ground or unground; hewn or wrought or unwrought burr or grind
stones; dyestuffs; flax, hemp, and tow\ unmanufactured; unmanufactured
tobacco, rags — shall be introduced into the United States free of duty so
long as the said treaty shall remain in force, subject, however, to be sus-
pended in relation to the trade with Canada on the condition mentioned
in the fourth article of the said treaty, and that all the other provisions
of the said treaty shall go into effect and be observed on the part of the
United States.

Given under my hand, at the city of Washington, the i6th day of
March, A. D. 1855, and of the Independence of the United
LSEAL.J g^^^^^ ^^^ seventy-ninth. FRANKLIN PIERCE.

By the President:

W. L. Marcy,

Secretary of State.

By the President of the United States of America.

A proclamation.

Whereas the act of Congress of the 28th of September, 1850, entitled
"An act to create additional collection districts in the State of California
and to change the existing district therein, and to modify the existing
collection districts in the United States, ' ' extends to merchandise ware-
housed under bond the privilege of being exported to the British North

Franklin Pierce

327

American Provinces adjoining the United States in the manner prescribed
in the act of Congress of the 3d of March, 1845, which designates certain
frontier ports through which merchandise may be exported, and further
provides ' ' that such other ports situated on the frontiers of the United
States adjoining the British North American Provinces as may hereafter
be found expedient may have extended to them the hke privileges on
the recommendation of the Secretary of the Treasury and proclamation
duly made by the President of the United States specially designating
the ports to which the aforesaid privileges are to be extended: "

Now, therefore, I, Franklin Pierce, President of the United States
of America, in accordance with the recommendation of the Secretary of
the Treasury, do hereby declare and proclaim that the ports of Rouses
Point, Cape Vincent, Suspension Bridge, and Dunkirk, in the State of
New York; Swanton, Alburg, and Island Pond, in the State of \'ermont;
Toledo, in the State of Ohio; Chicago, in the State of Illinois; Milwaukee,
in the State of Wisconsin; Michilimackinac, in the State of Michigan;
Eastport, in the State of Maine; and Pembina, in the Territory- of Min-
nesota, are and shall be entitled to all the privileges in regard to the
exportation of merchandise in bond to the British North American
Provinces adjoining the United States which are extended to the i)orts
enumerated in the seventh section of the act of Congress of the 3d of
March, 1845, aforesaid, from and after the date of this proclamation.

In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.

Done at the city of Washington, this 2d day of July, A. D.
1855, and of the Independence of the United States of America
the seventy-ninth. FRANKLIN PIERCE.

By the President:

W. L. Marcy,

Secretary of State.

THIRD ANNUAL MESvSAGE.

Washington, December ,?/, /.S'ff.
Fello7V- Citizens 0/ the Scfiate and of tJie House of Represeutatives:

The Constitution of the United States provides that Congress shall
assemble annually on the first Monday of December, and it has l)een
usual for the President to make no comnuniication of a jniblic cliaracter
to the Senate and Hou.se of Rejiresentatives until advised of their readi-
ness to receive it. I have deferred to this u.sagc until tlie close of the
first month of the ses.sion, bnt my convictions of duty will not ])crnnt
me longer to postpone the di.scharge of the obligation enjoined by tlie

328 Messages and Papers of the Presidents

Constitution upon the President "to give to the Congress information
of the state of the Union and recommend to their consideration such
measures as he shall judge necessary and expedient."

It is matter of congratulation that the Republic is tranquilly advancing
in a career of prosperity and peace.

Whilst relations of amitj' continue to exist between the United States
and all foreign powers, with some of them grave questions are depending
which may require the consideration of Congress.

Of such questions, the most important is that which has arisen out of
the negotiations with Great Britain in reference to Central America.

By the convention concluded between the two Governments on the
19th of April, 1850, both parties covenanted that "neither will ever"
"occupy, or fortify, or colonize, or assume or exercise any dominion
over Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central
America. ' '

It was the undoubted understanding of the United States in making
this treaty that all the present States of the former Republic of Central
America and the entire territory of each would thenceforth enjoy com-
plete independence, and that both contracting parties engaged equally
and to the same extent, for the present and for the future, that if either
then had any claim of right in Central America such claim and all occu-
pation or authority under it were unreservedly relinquished by the stipu-
lations of the convention, and that no dominion was thereafter to be
exercised or assumed in any part of Central America by Great Britain or
the United States.

This Government consented to restrictions in regard to a region of
country wherein we had specific and peculiar interests only upon the
conviction that the like restrictions were in the same sense obligatory
on Great Britain. But for this understanding of the force and effect of
the convention it would never have been concluded by us.

So clear was this understanding on the part of the United vStates that
in correspondence contemporaneous with the ratification of the conven-
tion it was distinctly expressed that the mutual covenants of nonoccu-
pation were not intended to apply to the British establishment at the
Balize. This qualification is to be ascribed to the fact that, in virtue
of successive treaties with previous sovereigns of the countrj-, Great
Britain had obtained a concession of the right to cut mahogany or dye-
woods at the Balize, but with positive exclusion of all domain or sover-
eignty; and thus it confirms the natural construction and understood
import of the treaty as to all the rest of the region to which the stipula-
tions applied.

It, however, became apparent at an early day after entering upon the
discharge of nij^ present functions that Great Britain still continued in
the exercise or assertion of large authority in all that part of Central
America commonly called the Mosquito Coast, and covering the entire

Franklin Pierce 329

length of the State of Nicaragua and a part of Costa Rica; that she
regarded the Bahze as her absolute domain and was gradually extend-
ing its limits at the expense of the State of Honduras, and that she
had formally colonized a considerable insular group known as the Bay
Islands, and belonging of right to that State.

All these acts or pretensions of Great Britain, being contrary to the
rights of the States of Central America and to the manifest tenor of her
stipulations with the United States as understood by this Government,
have been made the subject of negotiation through the American min-
ister in lyondon. I transmit herewith the instructions to him on the
subject and the correspondence between him and the British secretary
for foreign affairs, by which you will perceive that the two Governments
differ widely and irreconcilably as to the construction of the convention
and its effect on their respective relations to Central America.

Great Britain so construes the convention as to maintain unchanged
all her previous pretensions over the Mosquito Coast and in different
parts of Central America. These pretensions as to the Mosquito Coast
are founded on the assumption of political relation between Great Britain
and the remnant of a tribe of Indians on that coa.st, entered into at a
time when the whole countr}' was a colonial possession of Spain. It
can not be successfully controverted that by the public law of Europe
and America no possible act of such Indians or their predecessors could
confer on Great Britain any political rights.

Great Britain does not allege the assent of Spain as the origin of her
claims on the Mosquito Coast. She has, on the contrary, by repeated
and successive treaties renounced and relinquished all pretensions of
her own and recognized the full and sovereign rights of Spain in the
most unequivocal terms. Yet these pretensions, so without solid foun-
dation in the beginning and thus repeatedly abjured, were at a recent
period revived by Great Britain against the Central American States,
the legitimate successors to all the ancient jurisdiction of Spain in that
region. They were first applied onl^- to a defined part of the coast of
Nicaragua, afterwards to the whole of its Atlantic coast, and lastly to
a part of the coast of Costa Rica, and they are now reasserted to this
extent notwithstanding engagements to the United States.

On the eastern coast of Nicaragua and Costa Rica the interference of
Great BritaiTi, though exerted at one time in the form of military occu-
pation of the port of San Juan del Norte, then in the i)eaceful jx^sscssion
of the appropriate authorities of the Central American States, is now
presented by her as the rightful exercise of a protect(^rship over the
Mo-st^uito trilje of Indians.

But the establishment at the Balize, now reaching far l)eyond its treaty
limits into the State of Honduras, and that of the Bay Islands, apjurtain-
ing of right to the same State, are as distinctly colonial j^overnincnts as
those of Jamaica or Canada, and therefore contrary to the ver>- letter.

330 Messages and Papers of the Presidents

as well as the spirit, of the convention with the United States as it was
at the time of ratification and now is understood by this Government.

The interpretation which the British Government thus, in assertion
and act, persists in ascribing to the convention entirely changes its
character. While it holds us to all our obligations, it in a great measure
releases Great Britain from those which constituted the consideration of
this Government for entering into the convention. It is impossible, in
my judgment, for the United States to acquiesce in such a construction
of the respective relations of the two Governments to Central America.

To a renewed call by this Government upon Great Britain to abide by
and carr}' into effect the stipulations of the convention according to its
obvious import by withdrawing from the possession or colonization of
portions of the Central American States of Honduras, Nicaragua, and
Costa Rica, the British Government has at length replied, affirming that
the operation of the treaty is prospective only and did not require Great
Britain to abandon or contract any possessions held by her in Central
America at the date of its conclusion.

This reply substitutes a partial issue in the place of the general one
presented by the United States. The British Government passes over
the question of the rights of Great Britain, real or suppo.sed, in Central
America, and assumes that she had such rights at the date of the treaty and
that those rights comprehended the protectorship of the Mosquito Indians,
the extended jurisdiction and limits of the Balize, and the colony of the
Bay Islands, and thereupon proceeds by implication to infer that if the stip-
ulations of the treaty be merely future in effect Great Britain may still con-
tinue to hold the contested portions of Central America. The United
States can not admit either the inference or the premises. We steadily
deny that at the date of the treaty Great Britain had any pos.sessions
there other than the limited and peculiar establishment at the Balize,
and maintain that if she had any they were surrendered by the convention.

This Government, recognizing the obligations of the treaty, has, of
course, desired to see it executed in good faith \yy both parties, and in
the discussion, therefore, has not looked to rights which we might assert
independently of the treaty in consideration of our geographical position
and of other circumstances which create for us relations to the Central
American States different from those of any government of Europe.

The British Government, in its last communication, although well
knowing the views of the United States, still declares that it sees no
reason why a conciliatory spirit maj'^ not enable the two Governments
to overcome all obstacles to a satisfactory adjustment of the subject.

Assured of the correctness of the construction of the treaty constantly
adhered to by this Government and resolved to insist on the rights of the
United States, yet actuated also by the same desire which is avowed by
the British Government, to remove all causes of .serious misunderstanding
between two nations associated by so many ties of interest and kindred,

Franklin Pierce 331

it has appeared to me proper not to consider an amicable solution of the
controversy hopeless.

There is, however, reason to apprehend that with Great Britain in the
actual occupation of the disputed territories, and the treaty therefore prac-
tically null so far as regards our rights, this international difficulty can not
long remain undetermined without involving in serious danger the friendly
relations which it is the interest as well as the duty of both countries to
cherish and preserve. It will afford me sincere gratification if future efforts
shall result in the success anticipated heretofore with more confidence than
the aspect of the case permits me now to entertain.

One other subject of discussion between the United States and Great
Britain has grown out of the attempt, which the exigencies of the war in
which she is engaged with Russia induced her to make, to draw recruits
from the United States.

It is the traditional and settled policy of the United States to main-
tain impartial neutrality during the wars which from time to time occur
among the great powers of the world. Performing all the duties of neu-
trality toward the respective belligerent states, we may reasonably expect
them not to interfere with our lawful enjoyment of its benefits. Not-
with.standing the exi.stence of such hostilities, our citizens retained the
individual right to continue all their accustomed pursuits, by land or by
sea, at home or abroad, subject only to such restrictions in this relation
as the laws of war, the usage of nations, or special treaties may impose;
and it is our sovereign right that cur territory and jurisdiction shall not
be invaded by either of the l:)elligerent parties for the transit of their
armies, the operations of their fleets, the levy of troops for their service,
the fitting out of cruisers by or against either, or any other act or inci-
dent of war. And the.se undeniable rights of neutrality, individual and
national, the United States will under no circumstances surrender.

In pursuance of this policy, the laws of the United States do not forbid
their citizens to .sell to either of the l:)elligerent powers articles contra-
band of war or take nmnitions of war or .soldiers on lx)ard their private
ships for transportation; and although in so doing the individual citizen
expo.ses his property or jier.son to some of the hazards of war, his acts
do not involve any breach of national neutrality nor of thcm.selves impli-
cate the Government, Thus, during the progress of the present war in
Kurope, our citizens have, without national responsibility therefor, sold
gunixiwder and arms to all buyers, regardless of the destination of those
articles. Our merchantmen have l^een, and still continue to be. largely
employed by Great Britain and by France in tran.sjxjrting troops, j^rovi-
.sions, and munitions of war to the principal .seat of military- ojierations
and in bringing home their sick and wounded .soldiers; ])ut such use of
our mercantile marine is not interdicted either by the international or
by our nuniicipal law, and therefoie does not compromit our neutral rela-
tions with Russia

332 Messages and Papers of i lie Presidents

But our municipal law, in accordance with the law of nations, per-
emptorily forbids not only foreigners, but our own citizens, to fit out
within the United States a vessel to commit hostilities against any state
with which the United States are at peace, or to increase the force of
any foreign armed vessel intended for such hostilities against a friendl^^
state.

Whatever concern may have been felt by either of the belligerent
powers lest private armed cruisers or other vessels in the service of one
might be fitted out in the ports of this country to depredate on the
property of the other, all such fears have proved to be utterly groundless.
Our citizens have been withheld from any such act or purpose by good
faith and bj^ respect for the law.

While the laws of the Union are thus peremptory in their prohibition
of the equipment or armament of belligerent cruisers in our ports, they
provide not less absolutely that no person shall, within the territory or
jurisdiction of the United States, enlist or enter himself, or hire or retain
another person to enlist or enter himself, or to go be>x)nd the limits or
jurisdiction of the United States with intent to be enlisted or entered, in
the ser\ace of any foreign state, either as a soldier or as a marine or sea-
man on board of any vessel of war, letter of marque, or privateer. And
these enactments are also in strict conformitj' with the law of nations,
which declares that no state has the right to raise troops for land or sea
service in another state without its consent, and that, whether forbidden
by the municipal law or not, the very attempt to do it without such consent
is an attack on the national sovereignty.

Such being the public rights and the municipal law of the United
States, no .solicitude on the subject was entertained by this Government
when, a 3'ear since, the British Parliament passed an act to provide for
the enlistment of foreigners in the military ser\dce of Great Britain.
Nothing on the face of the act or in its public history indicated that
the British Government proposed to attempt recruitment in the United
States, nor did it ever give intimation of vSUch intention to this Govern-
ment. It was matter of surprise, therefore, to find subsequently that
the engagement of persons within the United States to proceed to Hali-
fax, in the British Province of Nova Scotia, and there enlist in the service
of Great Britain, was going on extensively, with little or no disguise.
Ordinan,' legal steps were immediately taken to arrest and punish parties
concerned, and so put an end to acts infringing the numicipal law and
derogatory to our sovereigntj'. Meanwhile suitable representations on
the subject were addressed to the British Government.

Thereupon it became known, by the admission of the British Gov-
ernment itself, that the attempt to draw recruits from this country
originated with it, or at least had its approval and sanction; but it also
appeared that the public agents engaged in it had "stringent instruc-
tions ' ' not to violate the municipal law of the United States.

Franklin Pierce 333

It is difficult to understand how it should have been supposed that
troops could be raised here by Great Britain without violation of the
municipal law. The unmistakable object of the law was to prevent
every such act which if performed must be either in violation of the
law or in studied evasion of it, and in either alternative the act done
would be alike injurious to the sovereignty of the United States.

In the meantime the matter acquired additional importance by the
recruitments in the United States not being discontinued, and the disclo-
sure of the fact that they were prosecuted upon a systematic plan devised
by official authority; that recruiting rendezvous had been opened in our
principal cities and depots for the reception of recruits established on
our frontier, and the whole business conducted under the supervision
and by the regular cooperation of British officers, civil and military,
some in the North American Provinces and some in the United States.
The complicity of those officers in an undertaking which could only
be accomplished by defying our laws, throwing suspicion over our atti-
tude of neutrality, and disregarding our territorial rights is conclusively
proved by the evidence elicited on the trial of such of their agents as
have been apprehended and convicted. Some of the officers thus impli-
cated are of high official position, and many of them beyond our jurisdic-
tion, so that legal proceedings could not reach the source of the mischief.

These considerations, and the fact that the cause of complaint was
not a mere casual occurrence, but a deliberate design, entered upon
with full knowledge of our laws and national policy and conducted by
res^xjusible public functionaries, impelled me to present the case to the
British Govennnent, in order to secure not only a cessation of the wrong,
but its reparation. The subject is still under discussion, the result of
which will l)e communicated to 3'ou in due time.

I rei:)eat the reconnnendation submitted to the last Congress, that pro-
vision be made for the appointment of a connnissioner, in connection
with Great Britain, to survey and establish the boundary line which
divides the Territory of Washington from the contiguous British jkxs-
sessions. By rea.son of the extent and imjx>rtance of the country in
di.spute, there has been imminent danger of collision Ix^tween the subjects
of Great Britain and the citi/.ens of the United States, including their
respective authorities, in that quarter. The prospect of a sjK'edy arrange-
ment has a^ntributed hitherto to induce on both sides for1)earance to
assert by force what each claims as a right. Continuance of delay on the
jiart of the two Governments to act in the matter will increase the tlan-
gers and difficulties of the controversy.

Misunderstanding exists as to the extent, character, and vahie of the
possessory rights of the Hudsons Bay Conii)any and the propertx- of
the Pugets Sound Agricnltural Com])any reserved in onr treaty with
Great Britain relative to the Territory of Oregon. I have reason to be-
lieve that a ces.sion of the rights of both companies to the United vStates,

334 Messages and Papers of the Presidents

which would h& the readiest means of terminating all questions, can be
obtained on reasonable terms, and with a view to this end I present the
subject to the attention of Congress.

The colony of Newfoundland, having enacted the laws required by
the treaty of the 5th of June, 1854, is now placed on the same footing in
respect to connnercial intercourse with the United States as the other
British North American Provinces.

The conmiission which that treaty contemplated, for determining the
rights of fishery in rivers and mouths of rivers on the coasts of the United
States and the British North American Provinces, has been organized,
and has conunenced its lalx»rs, to complete which there are needed fur-
ther appropriations for the service of another season.

In pursuance of the authority conferred by a resolution of the Senate
of the United States passed on the 3d of March last, notice was given to
Denmark on the 14th da}- of April of the intention of this Government
to avail itself of the stipulation of the subsisting convention of friend-
ship, commerce, and navigation between that Kingdom and the United
States whereby either party might after ten years terminate the same at
the expiration of one year from the date of notice for that purpose.

The considerations which led me to call the attention of Congress to
that convention and induced the Senate to adopt the resolution referred
to still continue in full force. The convention contains an article which,
although it does not directly engage the United States to submit to the
imposition of tolls on the vessels and cargoes of Americans passing into
or from the Baltic Sea during the continuance of the treaty, yei may
by possibility be construed as implying such submission. The exaction
of those tolls not being justified by any principle of international law,
it became the right and duty of the United States to relieve themselves
from the implication of engagement on the subject, so as to be perfectly
free to act in the premises in such way as their public interests and
honor shall demand.

I remain of the opinion that the United States ought not to submit to
the payment of the Sound dues, not so much because of their amount,
which is a secondary matter, but because it is in effect the recognition
of the right of Denmark to treat one of the great maritime highways of
nations as a close sea, and prevent the navigation of it as a privilege, for
which tribute may be imposed upon those who have occasion to use it.

This Government on a former occasion, not unlike the present, signal-
ized its determination to maintain the freedom of the seas and of the
great natural channels of navigation. The Barbary States had for a long
time coerced the payment of tribute from all nations whose ships fre-
quented the Mediterranean. To the last demand of such payment made
by them the United States, although suffering less by their depredations
than many other nations, returned the explicit answer that we preferred
war to tribute, and thus opened the way to the relief of the commerce of

Fra7iklin Pierce 335

the world from an ignominious tax, so long submitted to by the more
powerful nations of Europe.

If the manner of payment of the Sound dues differ from that of the
tribute formerly conceded to the Barbary States, still their exaction by
Denmark has no better foundation in right. Each was in its origin noth-
ing but a tax on a common natural right, extorted by those who were at
that time able to obstruct the free and secure enjoj^ment of it, but who
no longer possess that power.

Denmark, while resisting our assertion of the freedom of the Baltic
Sound and Belts, has indicated a readiness to make some new arrange-
ment on the subject, and has invited the governments interested, includ-
ing the United States, to be represented in a convention to assemble for
the purpose of receiving and considering a proposition which she intends
to submit for the capitalization of the Sound dues and the distribution of
the sum to be paid as commutation among the governments according
to the respective proportions of their maritime commerce to and from the
Baltic. I have declined, in behalf of the United States, to accept this
invitation, for the most cogent reasons. One is that Denmark does not
offer to submit to the convention the question of her right to levy the
Sound dues. The second is that if the convention were allowed to take
cognizance of that particular question, still it would not be competent to
deal with the great international principle involved, which affects the
right in other cases of navigation and commercial freedom, as well as
that of access to the Baltic. Above all, by the express terms of the
proposition it is contemplated that the consideration of the Sound dues
shall be commingled with and made subordinate to a matter wholly ex-
traneous— the balance of power among the Governments of Europe.

While, however, rejecting this proposition and insisting on the right
of free transit into and from the Baltic, I ha\e expressed to Denmark a
willingness on the part of the United States to share lil:)erally with other
powers in compensating her for any advantages which commerce shall
hereafter derive from expenditures made b)- her for the improvement
and safety of the navigation of the Sound or Belts.

I lay before you herewith sundry documents on the subject, in which
my views are more fully di.sclosed. Should no satisfactory arrangement
be soon concluded, I shall again call your attention to the .subject, with
reconunendation of such measures as may appear to be required in order
to assert and secure the rights of the United States, .so far as they are
affected by the pretensions of Denmark.

I announce with much gratification that since the adjournment of the
la.st Congress the question then existing between this Ciovernment and
that of France respecting the French consul at San Francisco has Ix'en
satisfactorily determined, and that the relations of the two Govenunents
continue to be of the most friendly nature.

A question, also, which has Ik-cu pending for several years iKtwccn the

336 Messages and Papers of the Presidents

United States and the Kingdom of Greece, growing out of the sequestra-
tion by pubUc authorities of that country of property belonging to the
present American consul at Athens, and which had been the subject of
very earnest discussion heretofore, has recently been settled to the satis-
faction of the party interested and of both Governments,

With Spain peaceful relations are still maintained, and some progress
has been made in securing the redress of wrongs complained of by this
Government. Spain has not only disavowed and disapproved the con-
duct of the officers who illegally seized and detained the steamer Black
Warrior at Havana, but has also paid the sum claimed as indemnity for
the loss thereby inflicted on citizens of the United States.

In consequence of a destructive hurricane which visited Cuba in 1844,
the supreme authority of that island issued a decree permitting the
importation for the period of six months of certain building materials
and provisions free of duty, but revoked it when about half the period
only had elapsed, to the injury of citizens of the United States who had
proceeded to act on the faith of that decree. The Spanish Government
refused indemnification to the parties aggrieved until recently, when
it was assented to, payment being promised to be made so soon as the
amount due can be ascertained.

Satisfaction claimed for the arrest and search of the steamer El Dorado
has not yet been accorded, but there is reason to believe that it will be;
and that case, with others, continues to be urged on the attention of the
Spanish Government. I do not abandon the hope of concluding with
Spain some general arrangement which, if it do not wholly prevent the
recurrence of difficulties in Cuba, will render them less frequent, and,
whenever they shall occur, facilitate their more speedy settlement.

The interposition of this Government has been invoked by manj' of its
citizens on account of injuries done to their persons and property for
which the Mexican Republic is responsible. The unhappy situation of
that country for some time past has not allowed its Government to give
due consideration to claims of private reparation, and has appeared to
call for and justify some forbearance in such matters on the part of this
Government. But if the revolutionary movements which have lately
occurred in that Republic end in the organization of a stable govern-
ment, urgent appeals to its justice will then be made, and, it may be
hoped, with success, for the redress of all complaints of our citizens.

In regard to the American Republics, which from their proximity and
other considerations have peculiar relations to this Government, while
it has been my constant aim strictly to observ^e all the obligations of
political friendship and of good neighborhood, obstacles to this have
arisen in some of them from their own insufficient power to check law-
less irruptions, which in effect throws most of the task on the United
States. Thus it is that the distracted internal condition of the State of
Nicaragua has made it incumbent on me to appeal to the good faith

Franklin Pierce 337

of our citizens to abstain from unlawful interv^ention in its affairs and
to adopt preventive measures to the same end, which on a similar occa-
sion had the best results in reassuring the peace of the Mexican States
of Sonora and I/Dwer California.

Since the last session of Congress a treaty of amity, commerce, and
navigation and for the surrender of fugitive criminals with the King-
dom of the Two Sicilies; a treaty of friendship, commerce, and naviga-
tion with Nicaragua, and a convention of commercial reciprocity with
the Hawaiian Kingdom have been negotiated. The latter Kingdom
and the State of Nicaragua have also acceded to a declaration recog-
nizing as international rights the principles contained in the convention
between the United States and Russia of July 22, 1854. These treaties
and conventions will be laid before the Senate for ratification.

The statements made in my last annual message respecting the antici-
pated receipts and expenditures of the Treasury have been substantially
verified.

It appears from the report of the Secretary of the Treasury that the
receipts during the last fiscal year, ending June 30, 1855, from all sources
were $65,003,930, and that the public expenditures for the same period,
exclusive of payments on account of the public debt, amounted to $56,-
365,393- During the same period the payments made in redemption of
the public debt, including interest and premium, amounted to $9,844,528.

The balance in the Treasury at the beginning of the present fiscal
year, July i, 1855, was $18,931,976; the receipts for the first quarter
and the estimated receipts for the remaining three quarters amount to-
gether to $67,918,734; thus affording in all, as the available resources
of the current fiscal year, the sum of $86,856,710.

If to the actual expenditures of the first quarter of the current fiscal
year be added the probable expenditures for the remaining three quar-
ters, as estimated by the Secretary of the Treasury', the sum total will ha.
$71,226,846, thereby leaving an estimated balance in the Treasur)' on
July I, 1856, of $15,623,863.41.

In the above-estimated expenditures of the present fiscal year are
included $3,000,000 to meet the last installment of the ten millions pro-
vided for in the late treaty with Mexico and $7,750,000 appropriated on
account of the debt due to Texas, which two vSums make an aggre-
gate amount of $10,750,000 and reduce the expenditures, actual or esti-
mated, for ordinary objects of the year to the sum of $6o,476,oc».

The amount of the public debt at the commencement of tlie present
fiscal year was $40,583,631, and, deduction being made of subscniuent
payments, the whole public debt of the Federal Government remaining
at this time is less than $40,000,000. The renniant of certain other
Government stocks, amounting to $243,000, referred to in my last mes-
sage as outstanding, has since been paid.

I am fully iKrsuaded that it would be difficult to devise a system
M P — vol, v— 22

338 Messages and Papers of the Presidents

superior to that by which the fiscal business of the Government is now
conducted. Notwithstanding the great number of pubhc agents of col-
lection and disbursement, it is believed that the checks and guards pro-
vided, including the requirement of monthly returns, render it scarcely
possible for any considerable fraud on the part of those agents or neglect
involving hazard of serious public loss to escape detection. I renew,
however, the recommendation heretofore made by me of the enactment
of a law declaring it felony on the part of public officers to insert false
entries in their books of record or account or to make false returns, and
also requiring them on the termination of their service to deliver to
their successors all books, records, and other objects of a public nature
in their custody.

Derived, as our public revenue is, in chief part from duties on imports,
its magnitude affords gratifying evidence of the prosperity, not only of
our commerce, but of the other great interests upon which that depends.

The principle that all moneys not required for the current expenses of
the Government should remain for active employment in the hands of the
people and the conspicuous fact that the annual revenue from all sources
exceeds by many millions of dollars the amount needed for a prudent and
economical administration of public affairs can not fail to suggest the pro-
priety of an early revision and reduction of the tariff of duties on imports.
It is now so generally conceded that the purpose of revenue alone can
justify the imposition of duties on imports that in readjusting the impost
tables and schedules, which unquestionably require essential modifications,
a departure from the principles of the present tariff is not anticipated.

The Army during the past year has been actively engaged in defend-
ing the Indian frontier, the state of the service permitting but few and
small garrisons in our permanent fortifications. The additional regi-
ments authorized at the last session of Congress have been recruited and
organized, and a large portion of the troops have already been sent to
the field. All the duties which devolve on the military establishment
have been satisfactorily performed, and the dangers and privations inci-
dent to the character of the service required of our troops have furnished
additional evidence of their courage, zeal, and capacity to meet any requi-
sition which their country may make upon them. For the details of the
military operations, the distribution of the troops, and additional provisions
required for the military service, I refer to the report of the Secretary of
War and the accompanying documents.

Experience gathered from events which have transpired since my last
annual message has but served to confirm the opinion then expressed of
the propriety of making provision by a retired list for disabled officers
and for increased compensation to the officers retained on the list for active
duty. All the reasons which existed when these measures were recom-
mended on former occasions continue without modification, except so far
as circumstances have given to some of them additional force.

Franklin Pierce 339

The recommendations heretofore made for a partial reorganization of
the Army are also renewed. The thorough elementary education given
to those officers who commence their service with the grade of cadet
qualifies them to a considerable extent to perform the duties of every
arm of the service; but to give the highest efficiency to artillery requires
the practice and special study of many years, and it is not, therefore,
believed to be advisable to maintain in time of peace a larger force of
that arm than can be usually employed in the duties appertaining to the
service of field and siege artillery. The duties of the staff in all its vari-
ous branches belong to the movements of troops, and the efficiency of an
army in the field would materially depend upon the ability with which
those duties are discharged. It is not, as in the case of the artillery, a
specialty, but requires also an intimate knowledge of the duties of an
officer of the line, and it is not doubted that to complete the education of
an officer for either the line or the general staff it is desirable that he
shall have served in both. With this view, it was recommended on a
former occasion that the duties of the staff should be mainly performed
by details from the line, and, with conviction of the advantages which
would result from such a change, it is again presented for the considera-
tion of Congress.

The report of the Secretary of the Navy, herewith submitted, exhibits
in full the naval operations of the past 5'ear, together with the present
condition of the service, and it makes suggestions of further legislation,
to which your attention is invited.

The construction of the six steam frigates for which appropriations were
made by the last Congress has proceeded in the most satisfactorj- manner
and with such expedition as to warrant the belief that they will be ready
for servnce early in the coming spring. Important as this addition to our
naval force is, it still remains inadequate to the contingent exigencies of
the protection of the extensive seacoast and vast conunercial interests of
the United States. In view of this fact and of the acknowledged wisdom
of the policy of a gradual and systematic increase of the Navy an appro-
priation is recommended for the construction of six steam sloops of war.

In regard to the steps taken in execution of the act of Congress to
promote the efficiency of the Navy, it is unnecessary for me to say more
than to express entire a)ncurrence in the observations on that sul)jcct
presented by the Secretary in his report.

It will l)e jxjrceived by the rejxjrt of the Postma.ster-General that the
gross expenditure of the Department for the last fiscal year was $9.96S.-
342 and the gro.ss receipts $7,342,136, making an excess of expenditure
over receipts of $2,626,206; and that the cost of mail transjiortation dur-
ing that year was $674,952 greater than the previous year. Much of
the heavy expenditures to which the Treasury is thus subjected is to be
ascribed to the large quantity of j)rinte(l matter conveyed by the mails.
either franked or liable to no jKjstage Ijy law or to very low rates of

340 Messages and Papers of the Presidents

postage compared with that charged on letters, and to the great cost of
mail service on railroads and by ocean steamers. The suggestions of the
Postmaster- General on the subject deserve the consideration of Congress.

The report of the Secretarj^ of the Interior will engage your attention
as well for useful suggestions it contains as for the interest and impor-
tance of the subjects to which they refer.

The aggregate amount of public land sold during the last fiscal year,
located with military scrip or land warrants, taken up under grants for
roads, and selected as swamp lands by States is 24,557,409 acres, of
which the portion sold was 15,729,524 acres, yielding in receipts the
sum of $11,485,380. In the same period of time 8,723,854 acres have
been surveyed, but, in consideration of the quantity already subject to
entry, no additional tracts have been brought into market.

The peculiar relation of the General Government to the District of
Columbia renders it proper to commend to your care not only its material
but also its moral interests, including education, more especially in those
parts of the District outside of the cities of Washington and Georgetown.

The commissioners appointed to revise and codify the laws of the
District have made such progress in the performance of their task as to
insure its completion in the time prescribed by the act of Congress.

Information has recently been received that the peace of the settle-
ments in the Territories of Oregon and Washington is disturbed by hostili-
ties on the part of the Indians, with indications of extensive combinations
of a hostile character among the tribes in that quarter, the more serious
in their possible effect by reason of the undetermined foreign interests
existing in those Territories, to which your attention has already been
especially invited. Efficient measures have been taken, .which, it is
believed, will restore quiet and afford protection to our citizens.

In the Territory of Kansas there have been acts prejudicial to good
order, but as yet none have occurred under circumstances to justify the
interposition of the Federal Executive. That could only be in case of
obstruction to Federal law or of organized resistance to Territorial law,
assuming the character of insurrection, which, if it should occur, it
would Idc my duty promptly to overcome and suppress. I cherish the
hope, however, that the occurrence of any such untoward event will be
prevented by the sound sense of the people of the Territory, who by its
organic law, possessing the right to determine their own domestic insti-
tutions, are entitled while deporting themselves peacefully to the free
exercise of that right, and must be protected in the enjoyment of it
without interference on the part of the citizens of any of the States.

The southern boundary line of this Territory has never been surveyed
and established. The rapidly extending settlements in that region and
the fact that the main route between Independence, in the State of Mis-
souri, and New Mexico is contiguous in this line suggest the probabil-
ity that embarrassing questions of jurisdiction may consequently arise.

Franklift Pierce 341

For these and other considerations I commend the subject to your early
attention.

I have thus passed in review the general state of the Union, including
such particular concerns of the Federal Government, whether of domestic
or foreign relation, as it appeared to me desirable and useful to bring to
the special notice of Congress. Unlike the great States of Europe and
Asia and many of those of America, these United States are wasting their
strength neither in foreign war nor domestic strife. Whatever of discon-
tent or public dissatisfaction exists is attributable to the imperfections
of human nature or is incident to all governments, however perfect, which
human wisdom can devise. Such subjects of political agitation as occupy
the public mind consist to a great extent of exaggeration of inevitable
evils, or overzeal in social improvement, or mere imagination of grievance,
having but remote connection with any of the constitutional functions or
duties of the Federal Government. To whatever extent these questions
exhibit a tendency menacing to the stability of the Constitution or the
integrity of the Union, and no further, they demand the consideration of
the Executive and require to be presented by him to Congress.

Before the thirteen colonies became a confederation of independent
States they were associated only by community of transatlantic origin,
by geographical po.sition, and by the mutual tie of common dependence
on Great Britain. When that tie was sundered they severally assumed
the powers and rights of absolute self-government. The nuinicipal and
social institutions of each, its laws of property and of personal relation,
even its political organization, were such only as each one chose to estab-
lish, wholly without interference from any other. In the language of
the Declaration of Independence, each State had ' ' full power to levy war,
conclude peace, contract alliances, establish commerce, and to do all other
acts and things w^hich independent states may of right do. ' ' The several
colonies differed in climate, in soil, in natural productions, in religion, in
systems of education, in legislation, and in the forms of jxilitical adminis-
tration, and they continued to differ in these respects when they volun-
tarily allied themselves as States to carry on the War of the Revolution.

The object of that war was to disenthrall the united colonies from for-
eign rule, which had proved to be oppressive, and to separate them perma-
nently from the mother country. The political result was the foundation
of a Federal Republic of the free white men of the colonies, constituted.
as they were, in distinct and reciprocally independent State governments.
As for the subject races, whether Indian or African, the wise and brave
statesmen of that day, being engaged in no extravagant scheme of socm;i1
change, left them as they were, and thus preserved them.selves and their
posterity from the anarchy and the ever-recurring civil wars whicli have
prevailed in other revolutionized European colonies of America.

When the confederated States found it convenient to modify the con-
ditions of their association by giving to the General Government direct

342 Messages and Papers of the Presiderits

access in some respects to the people of the States, instead of confining
it to action on the States as such, they proceeded to frame the existing
Constitution, adhering steadily to one guiding thought, which was to
delegate only such power as was necessary and proper to the execution
of specific purposes, or, in other words, to retain as much as possible con-
sistently with those purposes of the independent powers of the individual
States. For objects of common defense and security, they intrusted to the
General Government certain carefully defined functions, leaving all others
as the undelegated rights of the separate independent sovereignties.

Such is the constitutional theory of our Government, the practical
observance of which has carried us, and us alone among modern repub-
lics, through nearly three generations of time without the cost of one
drop of blood shed in civil war. With freedom and concert of action, it
has enabled us to contend successfully on the battlefield against foreign
foes, has elevated the feeble colonies into powerful States, and has raised
our industrial productions and our commerce which transports them to
the level of the richest and the greatest nations of Europe. And the
admirable adaptation of our political institutions to their objects, com-
bining local self-government with aggregate strength, has established
the practicability of a government like ours to cover a continent with
confederate states.

The Congress of the United States is in effect that congress of sover-
eignties which good men in the Old World have sought for, but could
never attain, and which imparts to America an exemption from the mu-
table leagues for common action, from the wars, the mutual invasions,
and vague aspirations after the balance of power which convulse from
time to time the Governments of Europe. Our cooperative action rests
in the conditions of permanent confederation prescribed hy the Consti-
tution. Our balance of power is in the separate reser^^ed rights of the
States and their equal representation in the Senate. That independ-
ent sovereignty in every one of the States, with its reserv^ed rights of
local self-government assured to each by their coequal power in the Sen-
ate, was the fundamental condition of the Constitution. Without it the
Union would never have existed. However desirous the larger States
might be to reorganize the Government so as to give to their popula-
tion its proportionate weight in the common counsels, they knew it was
impossible unless they conceded to the smaller ones authority to exercise
at least a negative influence on all the measures of the Government,
whether legislative or executive, through their equal representation in
the Senate. Indeed, the larger States themselves could not have failed
to perceive that the same power was equally necessarj^ to them for the
security of their own domestic interests against the aggregate force of
the General Government. In a word, the original States went into this
permanent league on the agreed premises of exerting their common
strength for the defense of the whole and of all its parts, but of utterly

FrankUn Pierce 343

excluding all capability of reciprocal aggression. Each solemnly bound
itself to all the others neither to undertake nor permit any encroachment
upon or intermeddling with another's reserv^ed rights.

Where it was deemed expedient particular rights of the States were
expressly guaranteed by the Constitution, but in all things besides these
rights were guarded by the limitation of the powers granted and by
express reservation of all powers not granted in the compact of union.
Thus the great power of taxation was limited to purposes of common
defense and general welfare, excluding objects appertaining to the local
legislation of the several States; and those purposes of general welfare
and common defense were afterwards defined by specific enumeration as
being matters only of co- relation between the States themselves or between
them and foreign governments, which, because of their common and gen-
eral nature, could not be left to the separate control of each State.

Of the circumstances of local condition, interest, and rights in which
a portion of the States, constituting one great section of the Union, dif-
fered from the rest and from another section , the most important was the
peculiarity of a larger relativ^e colored population in the Southern than
in the Northern States.

A population of this class, held in subjection, existed in nearlj- all
the States, but was more numerous and of more serious concernment
in the South than in the North on account of natural differences of cli-
mate and production; and it was foreseen that, for the same reasons, while
this population would diminish and sooner or later cease to exist in some
States, it might increase in others. The peculiar character and magni-
tude of this question of local rights, not in material relations only, but
still more in social ones, caused it to enter into the special stipulations of
the Constitution,

Hence, while the General Government, as well by the enumerated
powers granted to it as by those not enumerated, and therefore refused to
it, was forbidden to touch this matter in the sense of attack or offense,
it was placed imder the general safeguard of the Union in the sense of
defense against either invasion or domestic violence, like all other kx:al
interests of the .several vStates. Each State expressly stipulated, as well
for itself as for each and all of its citizens, and every citizen of each vState
l^ecame solemnly lx)und by his allegiance to the Constitution that any
person held to .service or labor in one State, escaping into another, should
not, in con.sequence of any law or regulation thereof, be di.scharged from
such service or lalx)r, but should be delivered up on claim of the party to
whom such .service or lator might be due l)y the laws of his vStatc.

Thus and thus only, by the reciprocal guaranty of all the riglits of
every State again.st interference on the part of another, was the ])rcscnt
form of government establi.shed by our fathers and traiismitte<l to us, and
by no other means is it po.s.sible for it to exist. If one State ceases to
respect the rights of another and obtrusively intermeddles with its local

344 Messages and Papers of the Presidents

interests; if a portion of the States assume to impose their institutions on
the others or refuse to fulfill their obligations to them, we are no longer
united, friendly States, but distracted, hostile ones, with little capacity left
of common advantage, but abundant means of reciprocal injury and mis-
chief. Practically it is immaterial whether aggressive interference between
the States or deliberate refusal on the part of any one of them to comph^
with constitutional obligations arise from erroneous conviction or blind
prejudice, whether it be perpetrated b}' direction or indirection. In either
case it is full of threat and of danger to the durability of the Union.

Placed in the office of Chief Magistrate as the executive agent of the
whole country, bound to take care that the laws l^e faithfully executed,
and specially enjoined by the Constitution to give information to Congress
on the state of the Union, it would be palpable neglect of duty on my
part to pass over a subject like this, which beyond all things at the pres-
ent time vitally concerns individual and public security.

It has been matter of painful regret to see States conspicuous for their
services in founding this Republic and equally sharing its advantages
disregard their constitutional obligations to it. Although conscious of
their inability to heal admitted and palpable social evils of their own, and
which are completely within their jurisdiction, thej^ engage in the offen-
sive and hopeless undertaking of reforming the domestic institutions of
other States, wholly beyond their control and authority. In the vain
pursuit of ends by them entirely unattainable, and which they may not
legally attempt to compass, they peril the very existence of the Constitu-
tion and all the countless benefits which it has conferred. While the
people of the Southern States confine their attention to their own affairs,
not presuming officiously to intermeddle with the social institutions of the
Northern States, too many of the inhabitants of the latter are perma-
nently organized in associations to inflict injury on the former by wrong-
ful acts, which would be cause of war as between foreign powers and only
fail to be such in our system because perpetrated under cover of the Union.

Is it possible to present this subject as truth and the occasion require
without noticing the reiterated but groundless allegation that the South
has persistently asserted claims and obtained advantages in the practical
administration of the General Government to the prejudice of the North,
and in which the latter has acquiesced? That is, the States which either
promote or tolerate attacks on the rights of persons and of property in
other States, to disguise their own injustice, pretend or imagine, and
constantly aver, that they, whose constitutional rights are thus system-
atically assailed, are themselves the aggressors. At the present time
this imputed aggression, resting, as it does, only in the vague declama-
tory charges of political agitators, resolves itself into misapprehension,
or misinterpretation, of the principles and facts of the political organiza-
tion of the new Territories of the United States.

What is the voice of history^? When the ordinance which provided for

Franklin Pierce 345

the government of the territory northwest of the river Ohio and for its
eventual subdivision into new States was adopted in the Congress of the
Confederation, it is not to be supposed that the question of future relative
power as between the States which retained and those which did not
retain a numerous colored population escaped notice or failed to be con-
sidered. And yet the concession of that vast territory to the interests
and opinions of the Northern States, a territorj' now the seat of five among
the largest members of the Union, was \\\ great measure the act of the
State of Virginia and of the South.

When lyoui-siana was acquired by the United States, it was an acqui-
sition not less to the North than to the South; for while it was impor-
tant to the country at the mouth of the river Mississippi to become the
emporium of the country above it, so also it was even more important
to the whole Union to have that emporium; and although the new prov-
ince, by reason of its imperfect settlement, was mainly regarded as on the
Gulf of Mexico, 3'et in fact it extended to the opposite boundaries of
the United States, with far greater breadth above than below, and was
in territory, as in ever>'thing else, equally at least an accession to the
Northern States. It is mere delusion and prejudice, therefore, to speak
of Louisiana as acquisition in the special interest of the South.

The patriotic and just men who participated in that act were influenced
by motives far above all sectional jealousies. It was in truth the great
event which, by completing for us the possession of the Valley of the Mis-
sissippi, with commercial access to the Gulf of Mexico, imparted unity
and strength to the whole Confederation and attached together by indis-
soluble ties the East and the West, as well as the North and the South.

As to Florida, that was but the transfer by Spain to the United States
of territory on the east side of the river Mississippi in exchange for large
territor>' which the United States transferred to Spain on the west side
of that river, as the entire diplomatic history of the transaction serves to
demonstrate. Moreover, it was an acquisition demanded by the commer-
cial interests and the security of the whole Union.

In the meantime the people of the United States had grown up to a
proper con.sciousness of their strength, and in a brief contest with France
and in a second serious war with Great Britain they had .shaken off all
which remained of undue reverence for Europe, and emerged from the
atmosphere of tho.se tran.satlantic influences which surrounded the infant
Republic, and had Ijegun to turn their attention to the full and .systematic
development of the internal re.sources of the Union.

Among the evanescent controversies of that period the most conspicu-
ous was the question of regulation by Congress of the .scxrial condition of
the future States to be founded in the territory of Louisiana.

The ordinance for the government of the territory northwest of the
river Ohio had contained a {provision which prohil)iled the u.se of .servile
labor therein, subject to the condition of the extraditions of fugitives

346 Messages and Papers of the Presidents

from service due in any other part of the United States. Subsequently
to the adoption of the Constitution this provision ceased to remain as a
law, for its operation as such was absolutely superseded by the Constitu-
tion. But the recollection of the fact excited the zeal of social propagan-
disra in some sections of the Confederation, and when a second State,
that of Missouri, came to be formed in the territory of Louisiana propo-
sition was made to extend to the latter territory the restriction originally
applied to the country situated between the rivers Ohio and Mississippi.

Most questionable as was this proposition in all its constitutional rela-
tions, nevertheless it received the sanction of Congress, with some slight
modifications of line, to save the existing rights of the intended new
State. It was reluctantly acquiesced in by Southern States as a sacrifice
to the cause of peace and of the Union, not only of the rights stipulated
by the treaty of lyouisiana, but of the principle of equality among the
States guaranteed by the Constitution. It was received by the North-
em States with angry and resentful condemnation and complaint, because
it did not concede all which they had exactingly demanded. Having
passed through the forms of legislation, it took its place in the statute
book, standing open to repeal, like any other act of doubtful constitu-
tionality, subject to be pronounced null and void by the courts of law,
and possessing no possible efficacy to control the rights of the States
which might thereafter be organized out of any part of the original ter-
ritory of lyouisiana.

In all this, if any aggression there were, any innovation upon preexist-
ing rights, to which portion of the Union are they justly chargeable?

This controversy passed away with the occasion, nothing surviving it
save the dormant letter of the statute.

But long afterwards, when by the proposed accession of the Repub-
lic of Texas the United States were to take their next step in territorial
greatness, a similar contingency occurred and became the occasion for
systematized attempts to intervene in the domestic affairs of one section
of the Union, in defiance of their rights as States and of the stipula-
tions of the Constitution. These attempts assumed a practical direction
in the shape of persevering endeavors by some of the Representatives in
both Houses of Congress to deprive the Southern States of the supposed
benefit of the provisions of the act authorizing the organization of the
State of Missouri.

But the good sense of the people and the vital force of the Constitu-
tion triumphed over sectional prejudice and the political errors of the
da}'', and the State of Texas returned to the Union as she was, with
social institutions which her people had chosen for themselves and
with express agreement bj' the reannexing act that she should be sus-
ceptible of subdivision into a plurality of States.

Whatever advantage the interests of the Southern States, as such,
gained by this were far inferior in results, as they unfolded in the prog-

Franklin Pierce 347

ress of time, to those which sprang from previous concessions made by
the South.

To every thoughtful friend of the Union, to the true lovers of their
country, to all who longed and labored for the full success of this great
experiment of republican institutions, it was cause of gratulation that
such an opportunity had occurred to illustrate our advancing power on
this continent and to furnish to the world additional assurance of the
strength and stability of the Constitution. Who would wish to see Flor-
ida still a European colony? Who would rejoice to hail Texas as a lone
star instead of one in the galaxy of States? Who does not appreciate
the incalculable benefits of the acquisition of Louisiana? And yet nar-
row views and sectional purposes would ine\atably ha\-e excluded them
all from the Union.

But another struggle on the same point ensued when our victorious
armies returned from Mexico and it devolved on Congress to provnde for
the territories acquired by the treaty of Guadalupe Hidalgo. The great
relations of the subject had now become distinct and clear to the percep-
tion of the public mind, which appreciated the evils of sectional contro-
versy upon the question of the admission of new States. In that crisis
intense solicitude per\'aded the nation. But the patriotic impulses of
the popular heart, guided by the admonitory advice of the Father of his
Country, rose superior to all the difficulties of the incorporation of a new
empire into the Union. In the counsels of Congress there was mani-
fested extreme antagonism of opinion and action between some Represent-
atives, who .sought by the abusive and unconstitutional employment of
the legislative powers of the Government to interfere in the condition
of the inchoate States and to impose their own social theories upon the
latter, and other Representatives, who repelled the interposition of the
General Government in this respect and maintained the self-constituting
rights of the States. In truth, the thing attempted was in form alone
action of the General Government, while in reality it was the endeavor,
by abuse of legislative power, to force the ideas of internal policy enter-
tained in particular States upon allied independent States. Once more
the Constitution and the Union triumphed signally. The new territories
were organized without restrictions on the disputed jxMnt, and were thus
left to judge in that particular for themselves; and the sense of consti-
tutional faith proved vigorous enough in Congress not only to accomjilish
this primary ol)ject, but also the incidental and hardly less iinix:)rtant one
of .so amending the provisions of the .statute for the extradition of fugi-
tives from service as to place that public duty inuler the safeguard of
the General Government, and thus relieve it from obstacles raised up
by the legislation of .some of the vStates.

Vain declamation regarding the provisions of law for the extradition
of fugitives from ser\-ice, with (x:casional episodes of frantic effort to
obstruct their execution by riot and murder, continued for a brief time

348 Messages and Papers of the Presidents

to agitate certain localities. But the true principle of leaving each State
and Territory to regulate its own laws of labor according to its own sense
of right and expediency had acquired fast hold of the public judgment,
to such a degree that by common consent it was observed in the organi-
zation of the Territory of Washington.

When, more recently, it became requisite to organize the Territories
of Nebraska and Kansas, it was the natural and legitimate, if not the
inevitable, consequence of previous events and legislation that the same
great and sound principle which had already been applied to Utah and
New Mexico should be applied to them — that they should stand exempt
from the restrictions proposed in the act relative to the State of Missouri.

These restrictions were, in the estimation of many thoughtful men,
null from the beginning, unauthorized by the Constitution, contrary to
the treaty stipulations for the cession of Louisiana, and inconsistent with
the equality of these States.

They had been stripped of all moral authority by persistent efforts to
procure their indirect repeal through contradictory enactments. They
had been practically abrogated by the legislation attending the organiza-
tion of Utah, New Mexico, and Washington. If any vitality remained
in them it would have been taken away, in effect, by the new Territorial
acts in the form originall}^ proposed to the Senate at the first session of
the last Congress. It was manly and ingenuous, as well as patriotic and
just, to do this directly and plainly, and thus relieve the statute book of
an act which might be of possible future injury, but of no possible future
benefit; and the measure of its repeal was the final consummation and
complete recognition of the principle that no portion of the United States
shall undertake through assumption of the powers of the General Gov-
ernment to dictate the social institutions of any other portion.

The scope and effect of the language of repeal were not left in doubt.
It was declared in terms to be " the true intent and meaning of this act
not to legislate slavery into any Territory or State, nor to exclude it
therefrom, but to leave the people thereof perfectly free to form and reg-
ulate their domestic institutions in their own way, subject only to the
Constitution of the United States. ' '

The measure could not be withstood upon its merits alone. It was
attacked with violence on the false or delusive pretext that it constituted a
breach of faith. Never was objection more utterh- destitute of substan-
tial justification. When before was it imagined by sensible men that a
regulative or declarative statute, whether enacted ten or iox\.y 3'ears ago,
is irrepealable; that an act of Congress is above the Constitution? If,
indeed, there were in the facts any cause to impute bad faith, it would at-
tach to those only who have never ceased, from the time of the enactment
of the restrictive provision to the present day, to denounce and condemn
it; who have constantly refused to complete it by needful supplementary
legislation; who have spared no exertion to deprive it of moral force; who

Franklin Pierce 349

have themselves again and again attempted its repeal by the enactment
of incompatible provisions, and who, by the inevitable reactionary effect of
their own violence on the subject, awakened the country- to perception
of the true constitutional principle of leaving the matter involved to the
discretion of the people of the respective existing or incipient States.

It is not pretended that this principle or any other precludes the pos-
sibility of evils in practice, disturbed, as political action is liable to be,
b}' human passions. No form of government is exempt from inconven-
iences; but in this case they are the result of the abuse, and not of the
legitimate exercise, of the powers reserved or conferred in the organiza-
tion of a Territory. They are not to be charged to the great principle
of popular sovereignty. On the contrary, they disappear before the intel-
ligence and patriotism of the people, exerting through the ballot box
their peaceful and silent but irresistible power.

If the friends of the Constitution are to have another struggle, its
enemies could not present a more acceptable issue than that of a State
whose constitution clearly embraces ' ' a republican form of government ' '
being excluded from the Union because its domestic institutions may not
in all respects comport with the ideas of what is wise and expedient
entertained in some other State. Fresh from groundless imputations of
breach of faith against others, men will commence the agitation of this
new question with indubitable violation of an express compact l)etvveen
the independent sovereign powers of the United States and of the Re-
public of Texas, as well as of the older and equally solemn compacts
which assure the equality of all the States.

But deplorable as would be such a violation of compact in itself and
in all its direct consequences, that is the very lea.st of the evils involved.
When .sectional agitators shall have succeeded in forcing on this issue,
can their pretensions fail to ho. met by counter pretensions? Will not
different States be compelled, respectively, to meet extremes with ex-
tremes? And if either extreme carry its |K)int, what is that so far forth
but dis.solution of the Union? If a new State, formed from the territory
of the United States, be absolutely excluded from admi.s.sion therein, that
fact of itself con.stitutes the disruption of union l)etween it and the other
States. But the process of di.ssolution could not stop there. Would not
a sectional decision producing such result by a majority of votes, either
Northernor vSouthern, of neces.sity drive out the oi)pressed and aggrieved
minority and place in presence of each other two irreconcilably hostile
confederations?

It is nece.s.sary to speak thus plainly of projects the offspring of that
.sectional agitation now prevailing in some of the vStates, which are as
impracticable as they are unconstitutional, and which if jK-rsevered in
must and will end calamitously. It is cither disunion and civil war or it
is mere angry, idle, aimless disturbance of public i)eace and tran(|uillity.
Disunion for what? If the passionate rage of fanaticism and partisan

350 Messages and Papers of the Presidents

spirit did not force the fact upon our attention, it would be difiScult to
believe that any considerable portion of the people of this enlightened
country could have so surrendered themselves to a fanatical devotion to
the supposed interests of the relatively few Africans in the United States
as totally to abandon and disregard the interests of the 25,000,000 Amer-
icans; to trample under foot the injunctions of moral and constitutional
obligation, and to engage in plans of vindictive hostility against those who
are associated with them in the enjoyment of the common heritage of our
national institutions.

Nor is it hostility against their fellow-citizens of one section of the
Union alone. The interests, the honor, the duty, the peace, and the pros-
perity of the people of all sections are equally involved and imperiled in
this question. And are patriotic men in any part of the Union prepared
on such issue thus madly to invite all the consequences of the forfei-
ture of their constitutional engagements? It is impossible. The storm
of frenzy and faction must inevitably dash itself in vain against the un-
shaken rock of the Constitution. I shall never doubt it. I know that
the Union is stronger a thousand times than all the wild and chimerical
schemes of social change which are generated one after another in the
unstable minds of visionary sophists and interested agitators. I rely con-
fidently on the patriotism of the people, on the dignity and self-respect of
the States, on the wisdom of Congress, and, above all, on the continued
gracious favor of Almighty God to maintain against all enemies, whether
at home or abroad, the sanctity of the Constitution and the integrity of
the Union. FRANKLIN PIERCE.

SPECIAL MESSAGES.

Washington, December 26, 1855.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 17th instant, I
send herewith the ' ' memorial of citizens of New Orleans, complaining
of the irregularity of the mail service between Washington and New
Orleans. ' ' I deem it proper also to transmit with the memorial my note
of the 18th instant to the memorialists and a copy of the letter of the
Postmaster- General therein referred to.

FRANKLIN PIERCE.

Washington, December 27, 1855.
To tlie Senate of the United States:

I transmit to the Senate, for consideration with a view to ratification,
a treaty between the United States and Nicaragua, signed at Granada on
the 20th day of June, A. D. 1855. FRANKLIN PIERCE.

Franklin Pierce 351

Washington, December 2j, i8^j.
To the Senate of the United States:

I transmit to the Senate, for consideration with a view to ratification,
a treaty between the United States and the Kingdom of the Two Sici-
lies and a declaration as to the construction thereof, both signed at
Naples on the ist day of October last.

FRANKLIN PIERCE.

Washington, Decetnber 2y, I^SS-
To the Senate of the United States:

I transmit to the Senate, for consideration with a view to ratification,
a treaty between the United States and His Majesty the King of the
Hawaiian Islands, signed in Washington the 20th day of July, A. D.

^^55. FRANKEIN PIERCE.

Washington Cir\ , Jaji nary j , 1836.
To the Seiiate of the United States:

I herewith lay before the Senate, for its constitutional action thereon,
the following-described Indian treaties, negotiated by George W. Many-
penny and Henr>' C, Gilbert, as commissioners on the part of the United
States:

A. Treaty with the Chippewas of Saginaw, Swan Creek, and Black
River, dated 2d August, 1855.

B. Treaty with the Chippewas of Sault Ste. Marie, dated August 2,
1855.

C. Treaty with the Ottawas and Chippewas, dated July 31, 1855.

FRANKLIN PIERCE.

Washington, fanuary 11, 1856.
To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, with the
accompanying document,* in answer to their resolution of yesterday.

FRANKLIN PIERCE.

Washington {1\t\\ faiiKury 21, /8^6.
To the Senate of the United States:

I communicate to the Senate herewith a letter from the vSccretary of
the Interior, accompanying six several treaties negotiated by Ciovcrnor
Meriwether, of New Mexico, with the Indians in that Territory, for its
constitutional action thereon. FRAXI^IIX IMI'RCI'

♦Letter of I^rd John Russell dcclnriiiK thiit the British Oovcrmnciit iiiti-iids In .KUuTr to the
treaty of Washington of April 19, i>S5o, and not to assume any .sovereignty in Ccntnil Anic-ri<.;i.

2^2 Messages and Papers of the Presidents

Washington, Jaymary 2j, 1836.
To the Senate of the United States:

I communicate herewith to the Senate, for its constitutional action
thereon, a treat}' between the United States and the Choctaw and Chick-
asaw tribes of Indians, made and concluded in this city on the 22d day of
June, 1855. FRANKLIN PIERCE.

Washington, /awwarj' 2^, 1856.
To the Senate and House of Representatives:

Circumstances have occurred to disturb the course of governmental
organization in the Territory of Kansas and produce there a condition of
things which renders it incumbent on me to call your attention to the
subject and urgently to recommend the adoption by you of such meas-
ures of legislation as the grave exigencies of the case appear to require.

A brief exposition of the circumstances referred to and of their causes
will be necessary- to the full understanding of the recommendations which
it is proposed to submit.

The act to organize the Territories of Nebraska and Kansas was a man-
ifestation of the legislative opinion of Congress on two great points of con-
stitutional construction: One, that the designation of the boundaries of a
new Territory and provision for its political organization and administra-
tion as a Territory are measures which of right fall within the powers of
the General Government; and the other, that the inhabitants of any such
Territory, considered as an inchoate State, are entitled, in the exercise of
self-government, to determine for themselves what shall be their own
domestic institutions, subject only to the Constitution and the laws duly
enacted by Congress under it and to the power of the existing States to
decide, according to the provisions and principles of the Constitution, at
what time the Territory shall be received as a State into the Union. Such
are the great political rights which are solemnly declared and affirmed by
that act.

Based upon this theory, the act of Congress defined for each Terri-
tory^ the outlines of republican government, distributing public author-
ity among lawfully created agents — executive, judicial, and legislative —
to be appointed either by the General Government or by the Territory.
The legislative functions were intrusted to a council and a house of
representatives, duly elected, and empowered to enact all the local laws
which they might deem essential to their prosperity, happiness, and
good government. Acting in the same spirit. Congress also defined the
persons who were in the first instance to be considered as the people of
each Territory, enacting that every free white male inhabitant of the
same above the age of 21 j^ears, being an actual resident thereof and
possessing the qualifications hereafter described, should be entitled to
vote at the first election and be eligible to any office within the Terri-

Franklin Pierce

353

tory, but that the qualification of voters and holding office at all subse-
quent elections should be such as might be prescribed by the legislative
assembly; provided, however, that the right of suffrage and of holding
office should be exercised only by citizens of the United States and those
who should have declared on oath their intention to become such and
have taken an oath to support the Constitution of the United States
and the provisions of the act; and provided further, that no officer, sol-
dier, seaman, or marine or other person in the Army or Navy of the
United States or attached to troops in their service should be allowed
to vote or hold office in either Territory by reason of being on service
therein.

Such of the public officers of the Territories as by the provisions of the
act were to be appointed by the General Government, including the gov-
ernors, were appointed and commissioned in due season, the law having
been enacted on the 30th of May, 1854, ^^^ the commission of the gov-
ernor of the Territor>' of Nebraska being dated on the 2d day of August,
1854, and of the Territor>' of Kansas on the 29th day of June, 1854.
Among the duties imposed by the act on the governors was that of
directing and superintending the political organization of the respective
Territories.

The governor of Kansas was required to cause a census or enumera-
tion of the inhabitants and qualified voters of the several counties and dis-
tricts of the Territory to be taken by such persons and in such mode as he
might designate and appoint; to appoint and direct the time and places
of holding the first elections, and the manner of conducting them, both
as to the persons to superintend such elections and the returns thereof;
to declare the number of the members of the council and the house of rep-
resentatives for each county or district; to declare what persons might
appear to \vt duly elected, and to appoint the time and place of the first
meeting of the legislativ^e assembly. In substance, the same duties were
devolved on the governor of Nebraska.

While by this act the principle of constitution for each of the Territo-
ries was one and the same and the details of organic legislation regarding
lx)th were as nearly as could l)e identical, and while the Territory of
Nebraska was tranquilly and successfully organized in the clue course
of law, and its first legislative assembl)'' met on the i6th of January, 1S55,
the organization of Kansas was long delayed, and has l)een attended with
serious difficulties and embarra.ssments, partly the consequence of local
maladministration and partly of the unjustifiable interference of the inhab-
itants of some of the States, foreign by residence, interests, and rights to
the Territory.

The governor of the Territory of Kansas, commissioned as iK-forc stated,

on the 29th of June, 1854, did not reach the designated seat of his go\crn-

ment until the 7th of the ensuing Octoljer, and even then failed to make

the first step in its legal organizatiou, that of ordering the census or

M P — vol, V — 23

354 Messages and Papers of the Presidents

eniinieratioii of its inhabitants, until so late a day that the election of the
members of the legislative assembly did not take place until the 30th of
March, 1855, nor its meeting until the 2d of July, 1855. So that for a
year after the Territory was constituted by the act of Congress and the
officers to be appointed by the Federal Executive had been commissioned
it was without a complete government, without any legislative authority,
without local law, and, of course, without the ordinary guaranties of peace
and public order.

In other respects the governor, instead of exercising constant vigilance
and putting forth all his energies to prevent or counteract the tendencies
to illegality which are prone to exist in all imperfectly organized and
newly associated communities, allowed his attention to be diverted from
official obligations by other objects, and himself set an example of the vio-
lation of law in the performance of acts which rendered it my duty in
the .sequel to remove him from the office of chief executive magistrate
of the Territory.

Before the requisite preparation was accomplished for election of a
Territorial legislature, an election of Delegate to Congress had been held
in the Territory on the 29th day of November, 1854, and the Delegate
took his seat in the House of Representatives without challenge. If
arrangements had been perfected by the governor so that the election
for members of the legislative assembly might be held in the several
precincts at the same time as for Delegate to Congress, any question
appertaining to the qualification of the persons voting as people of the
Territory would have passed necessarily and at once under the supervi-
sion of Congress, as the judge of the validit}' of the return of the Dele-
gate, and would have been determined before conflicting passions had
become inflamed by time, and before opportunity could have been afforded
for systematic interference of the people of individual States.

This interference, in so far as concerns its primary causes and its
immediate commencement, was one of the incidents of that pernicious
agitation on the subject of the condition of the colored persons held to
serv'ice in some of the States which has so long disturbed the repose
of our country and excited individuals, otherwise patriotic and law abid-
ing, to toil with misdirected zeal in the attempt to propagate their .social
theories by the per\-ersion and abuse of the powers of Congress.

The persons and the parties whom the tenor of the act to organize the
Territories of Nebraska and Kansas thwarted in the endeavor to impo.se,
through the agency of Congress, their particular views of social organi-
zation on the people of the future new States now perceiving that the
policy of leaving the inhabitants of each State to judge for themselves
in this re.spect was ineradicably rooted in the convictions of the people
of the Union, then had recour.se, in the pursuit of their general object, to
the extraordinary measure of propagandist colonization of the Territory
of Kansas to prevent the free and natural action of its inhabitants in its

Franklin Pierce 355

internal organization, and thus to anticipate or to force the determination
of that question in this inchoate State.

With such views associations were organized in some of the States,
and their purposes were proclaimed through the press in language ex-
tremely irritating and offensive to those of whom the colonists were to
become the neighbors. Those designs and acts had the necessary con-
sequence to awaken emotions of intense indignation in States near to the
Territory of Kansas, and especially in the adjoining State of Missouri,
whose domestic peace was thus the most directly endangered; but they
are far from justifying the illegal and reprehensible countermovements
which ensued.

Under these inauspicious circumstances the primary elections for mem-
bers of the legislative assembly were held in most, if not all, of the pre-
cincts at the time and the places and by the persons designated and
appointed by the governor according to law.

Angry accusations that illegal votes had been polled alx)unded on all
sides, and imputations were made both of fraud and violence. But the
governor, in the exercise of the power and tlie discharge of the duty
conferred and imposed by law on him alone, officially received and con-
sidered the returns, declared a large majority of the members of the
council and the house of representatives "duly elected," withheld cer-
tificates from others because of alleged illegality of votes, appointed a
new election to supply the places of the persons not certified, and thus
at length, in all the forms of statute, and with his own official authen-
tication, complete legality was given to the first legislative assembly of
the Territory.

Those decisions of the returning officers and of the governor are final,
except that by the parliamentary usage of the country applied to the
organic law it may be conceded that each house of the asseml)ly nuist
have been competent to determine in the last resort the ([ualifications and
the election of its memlx;rs. The subject was l)y its nature one apper-
taining exclusively to the jurisdiction of the local authorities of the Ter-
ritory. Whatever irregularities may have occurred in tlie elections, it
.seems t(w late now to raise that question. At all events, it is a ques-
tion as to which, neither now nor at any previous time, has the least
po.ssible legal authority been po.sse.s.sed l)y the President of the United
States. P^or all present ])urjx).ses the legislative body thus constituted
and elected was the legitimate legislative a.ssembly of the Territory.

Accordingly the governor by proclamation convened the a.sseniMy thus
elected to meet at a ])lace called Pawnee City; the two houses met and
were duly organized in the ordinary parliamentary form; each sent to
and received from the governor the official conununications usual <mi
such occasions; an elaborate message opening the session was connnuni-
caled by the governor, and the general bu.siness of legi.slation was entered
upon by the legislative assembly.

356 Messages and Papers of the Presidents

But after a few days the assembly resolved to adjourn to another place
ill the Territory. A law was accordingly passed, against the consent of
the governor, but in due form otherwise, to remove the seat of govern-
ment temporarily to the "Shawnee Manual Labor School" (or mission),
and thither the assembly proceeded. After this, receiving a bill for the
establishment of a ferry at the town of Kickapoo, the governor refused
to sign it, and by special message assigned for reason of refusal not any-
thing objectionable in the bill itself nor any pretense of the illegality or
incompetency of the assembly as such, but only the fact that the assem-
bly' had by its act transferred the seat of government temporarily from
Pawnee City to the Shawnee Mission, For the same reason he continued
to refuse to sign other bills until in the course of a few days he by official
message communicated to the assembly the fact that he had received noti-
fication of the termination of his functions as governor, and that the
duties of the office were legally devolved on the secretary of the Territory;
thus to the last recognizing the body as a duly elected and constituted
legislative assembly.

It will be perceived that if any constitutional defect attached to the
legislative acts of the assembly it is not pretended to consist in irregu-
larity of election or want of qualification of the members, but only in the
change of its place of session. However trivial this objection may seem
to be, it requires to be considered, because upon it is founded all that
superstructure of acts, plainly against law, which now threaten the peace,
not only of the Territory of Kansas, but of the Union.

Such an objection to the proceedings of the legislative assembly was
of exceptionable origin, for the reason that by the express terms of the
organic law the seat of government of the Territory was ' ' located tem-
porarily at Fort Leavenworth ; ' ' and yet the governor himself remained
there less than tw'o months, and of his own discretion transferred the
seat of government to the Shawnee Mission, where it in fact was at the
time the assembly were called to meet at Pawnee City. If the governor
had any such right to change temporarily the seat of government, still
more had the legislative assembly. The objections are of exceptionable
origin for the further reason that the place indicated by the governor,
without having any exclusive claim of preference in itself, was a pro-
posed town site only, which he and others were attempting to locate un-
lawfully upon land within a military reservation, and for participation in
which illegal act the commandant of the post, a superior officer in the
Army, has been dismissed by sentence of court-martial. Nor is it easy to
see why the legislative assembly might not with propriety pass the Ter-
ritorial act transferring its sittings to the Shawnee Mission. If it could
not, that must be on account of some prohibitory or incompatible provi-
sion of act of Congress; but no such provision exists. The organic act,
as already quoted, says ' ' the seat of government is hereby located tem-
porarily at Fort Leavenworth; " and it then provides that certain of the

Frankh'fi Pierce 357

public buildings there ' ' may be occupied and used under the direction of
the governor and legislative assembly. ' ' These expressions might pos-
sibly be construed to imply that when, in a previous section of the act, it
was enacted that ' * the first legislative assembly shall meet at such place
and on such day as the governor shall appoint," the word "place"
means place at Fort Leavenworth, not place anywhere in the Territor}-.
If so, the governor would have been the first to err in this matter, not
only in himself having removed the seat of government to the Shaw-
nee Mission, but in again removing it to Pawnee City. If there was
any departure from the letter of the law, therefore, it was his in both
instances. But however this may be, it is most unreasonable to sup-
pose that by the terms of the organic act Congress intended to do impli-
edly what it has not done expressly — that is, to forbid to the legislative
assembly the power to choose any place it might see fit as the temporary
seat of its deliberations. That is proved by the significant language of
one of the subsequent acts of Congress on the subject — that of March 3,
1855 — which, in making appropriation for public buildings of the Terri-
tory, enacts that the same shall not be expended ' ' initil the legislature
of said Territory shall have fixed by law the permanent seat of govern-
ment." Congress in these expressions does not profess to be granting
the power to fix the permanent seat of government, but recognizes the
power as one already granted. But how? Undoubtedly bj- the compre-
hensive provision of the organic act itself, which declares that "the
legislative power of the Territory shall extend to all rightful .subjects of
legislation consistent with the Con.stitution of the United States and the
provisions of this act." If in view of this act the legi.slative assembly
had the large power to fix the permanent seat of govenunent at any
place in its discretion, of course by the same enactment it had the less
and the included power to fix it temporarily.

Nevertheless, the allegation that the acts of the legislative as.sembly
were illegal by reason of this removal of its place of .session was brought
forward to justify the first great movement in disregard of law within
the Territor3^ One of the acts of the legi.slative assembly provided for the
election of a Delegate to the present Congress, and a Delegate was elected
under that law. But subsequently to this a portion of the people of the
Territory proceeded without authority of law to elect anf)ther Delegate.

Following upon this movement was another and more inqxirtant one of
the same general character. Persons confes.sedly not constituting the
body politic or all the inhabitants, but merely a party of the inhabitants,
and without law, have imdertaken to .summon a convention for the jniqx^se
of transforming the Territory into a State, and have framed a constitu-
tion, adopted it, and under it elected a governor and other officers and a
Re]>re.sentative to Congress. In extetuiation of tliese illegal acts it is
alleged that the States of California, Michigan, and others were self-
organized, and as such were admitted into the Union without a previous

358 Messages and Papers of the Presidents

enablin«f act of Congress. It is true that while in a majority of cases a
previous act of Congress has been passed to authorize the Territory to
present itself as a State, and that this is deemed the most regular course,
yet such an act has not l^een held to be indispensable, and in some cases
the Territory has proceeded without it, and has nevertheless been ad-
mitted into the Union as a State. It lies with Congress to authorize
l^eforehand or to confirm afterwards, in its discretion. But in no instance
has a State been admitted upon the application of persons acting again.st
authorities duly con.stituted by act of Congress. In every case it is the
people of the Territory, not a party among them, who have the ix)wer to
form a constitution and ask for admission as a State. No principle of
public law, no practice or precedent under the Constitution of the United
States, no rule of rea.son, right, or common sen.se, confers any such power
as that now claimed by a mere party in the Territory-. In fact what has
been done is of revolutionary character. It is avowedly so in motive and
in aim as respects the local law of the Territory. It will become trea.son-
able insurrection if it reach the length of organized resistance by force to
the fundamental or any other Federal law and to the authoritN' of the
General Government. In such an event the path of duty for the Execu-
tive is plain. The Constitution requiring him to take care that the laws
of the United States be faithfully executed, if they be opposed in the Ter-
ritory of Kansas he may, and should, place at the dispo.sal of the marshal
any public force of the United States which happens to be within the
juri.sdiction, to be used as a portion of \.\\& posse comitates; and if that do
not suffice to maintain order, then he may call forth the militia of one or
more States for that object, or employ for the same object any part of the
land or naval force of the United States. So, al.so, if the obstruction be
to the laws of the Territory, and it be duly presented to him as a case of
insurrection, he may employ for its suppression the militia of any State
or the land or naval force of the United States. And if the Territory l)e
invaded by the citizens of other States, whether for the purpose of decid-
ing elections or for any other, and the local authorities find themselves
unable to repel or withstand it, they will be entitled to, and upon the fact
being fully ascertained they shall most certainly receive, the aid of the
General Govenmient.

But it is not the duty of the President of the United States to volun-
teer interposition by force to preserve the purity of elections either in a
State or Territor)-. To do .so would be subversive of public freedom.
And whether a law be wi.se or unwise, just or unjust, is not a question
for him to judge. If it l)e con.stitutional — that is, if it h^ the law of the
land — it is his duty to cause it to l)e executed, or to sustain the authori-
ties of any State or Territory in executing it in opposition to all insur-
rectionary movements.

Our system affords no justification of revolutionary acts, for the con-
stitutional means of relieving the people of unjust administration and

Frankliji Pierce 359

laws, b\^ a change of public agents and by repeal, are ample, and more
prompt and effective than illegal violence. These means must be scru-
pulously guarded, this great prerogative of popular sovereignty sacredly
respected.

It is the undoubted right of the peaceable and orderly people of the
Territory of Kansas to elect their own legislative body, make their own
laws, and regulate their own social institutions, without foreign or domes-
tic molestation. Interference on the one hand to procure the abolition
or prohibition of slave labor in the Territory has produced mischievous
interference on the other for its maintenance or introduction. One
wrong l^egets another. Statements entirely unfounded, or grossly exag-
gerated, concerning events within the Territorj' are sedulously diffused
through remote States to feed the flame of sectional animosity there, and
the agitators there exert themselves indefatigably in return to encourage
and stimulate strife within the Territory.

The inflammatory agitation, of which the present is but a part, has for
twenty years produced nothing save unmitigated evil, North and South.
But for it the character of the domestic institutions of the future new
State would have been a matter of too little interest to the inhabitants of
the contiguous States, personally or collectively, to produce among them
any political emotion. Climate, soil, production, hopes of rapid advance-
ment and the pursuit of happiness on the part of the settlers themselves,
with good wishes, but with no interference from without, would have
quietly determined the question which is at this time of such disturbing
character.

But we are constrained to turn our attention to the circumstances of
embarrassment as they now exist. It is the duty of the people of Kansas
to discountenance every act or purpose of resistance to its laws. Above
all, the emergency appeals to the citi/x'us of the States, and especiall}' of
those contiguous to the Territory, neither by inter\'ention of nonresi-
dents in elections nor by imauthorized military force to attempt to en-
croach upon or usurp the authority of the inhabitants of the Territory

No citizen of our country should permit himself to forget that he is a
part of its Government and entitled to l)e heard in the determination of
its jx)licy and its measures, and that therefore the highest considera-
tions of personal honor and patriotism require him to maintain by what-
ever of ]x)wer or influence he may possess the integrity of the laws of
the Republic.

ICntertaining these views, it will Ix? my imperative duty to exert the
whole ix)wer of the Federal Executive to support public order in the Ter-
ritory; to vindicate its laws, whether Federal or local, against all attempts
of organized resistance, and so to protect its people in the establishment
of their own institutions, undisturlied by encroachment from without,
and in the full enjoyment of the rights of self-government assured to
them by the Constitution and the organic act of Congre.ss.

360 Messages and Papers of the Presidetits

Although serious and threatening disturbances in the Territory of Kan-
sas, announced to me by the governor in December last, were speedily
quieted without the effusion of blood and in a satisfactory manner, there
is, I regret to sa}', reason to apprehend that disorders will continue to
occur there, with increasing tendency to violence, until some decisive
measure be taken to dispose of the question itself which constitutes the
inducement or occasion of internal agitation and of external interference.

This, it seems to me, can best be accomplished by providing that when
the inhabitants of Kansas may desire it and shall be of sufficient num-
ber to constitute a State, a convention of delegates, duly elected by the
qualified voters, shall assemble to frame a constitution, and thus to pre-
pare through regular and lawful means for its admission into the Union
as a State.

I respectfully recommend the enactment of a law to that effect.

I recommend also that a special appropriation be made to defray any
expense which may become requisite in the execution of the laws or the
maintenance of public order in the Territory of Kansas.

FRANKLIN PIERCE.

Washington, Ja?nmry 25, t8^6.
To the Senate of the United States:

By the inclosed letter of the Secretary of the Treasury' it appears that
^24,233 belonging to the Chickasaw Indians should be invested in stocks
of the United States, by and with the advice and consent of the vSenate.
I therefore recommend that the necessary authority l3e given for that

P"''P°'^^- • FRANKLIN PIERCE.

Washington, yi?;/?/^;;^' 28, 18^6.
To the Senate of the United States:

I transmit herewith a report from the Secretary of State, in answer to
the resolution of the Senate of the loth of January, calling for the cor-
respondence between the Secretary of State and Edward Worrell while
the latter was acting as consul at Matanzas in relation to the estates of
deceased American citizens on the island of Cuba.

FRANKLIN PIERCE.

To the Senate: Washington, fannary^ 1856.

I transmit herewith a copy of the ' ' proceedings of the court-martial in
the case of Colonel Montgomery, of the United States Army, ' ' as requested
by the resolution of the Senate of the jtli instant.

FRANKLIN PIERCE.

Franklin Pierce 361

Washington, February 5, 1856.
To the Senate of the United States:

In further compliance with the Senate's resokition adopted in execu-
tive session on the 15th January last, in respect to the correspondence
relating to the estates of deceased American citizens on the island of
Cuba, I transmit a report from the Secretary of State, with the papers
which accompanied it. FRANKLIN PIERCE.

Washington, February i^, 1836.
To the Senate of the United States:

I transmit a report from the Secretary of State, in answer to the reso-
lution of the Senate of the 17th ultimo, requesting transcripts of certain
correspondence and other papers touching the Republics of Nicaragua
and Costa Rica, the Mosquito Indians, and the convention between the
United States and Great Britain of April 19, 1850.

FRANKLIN PIERCE.

Washington, February /8, 1856.
To the Senate of the United States:

In compliance with the resolution of the vSenate of the 4th instant,
requesting transcripts of certain papers relative to the affairs of the Ter-
ritory of Kansas, I transmit a report from the Secretary of State and the
documents which accompanied it. FRANKTTN PTKROK

Washington, February 2t, 18=^6.
To the Seriate of the United States:

I communicate herewith a rejx^rt of the Secretary of War and accom-
panying documents, also of the Secretary of the Nav}' and accompanying
documents, in answer to a resolution of the Senate passed the i ith I'eb-
ruary, "that the President of the United States be requested to coniimi-
nicate to the Senate copies of all the corres|x:)ndence 1)etwecn the difTcrciit
Departments of the Government and the officers of the Army and Navy
(not heretofore communicated) on the Pacific Coast touching the Indian
disturbances in California, Oregon, and Wa.shington."

FRANKLIN PIICRCIv.

Washington, February 2^, r8j^6.
7o the Senate and House of Representatives:

I tran.smit a copy of a letter of the 7th of March last from the acting
commissioner of the United States in China, and of the regulations and
notification which accompanied it, for such revision thereof as Congress
may deem expedient, pursuant to the sixth section of the act approved
I Ith August, 1848. FRANKLIN PIICRCIC.

362 Messages and Papers of the Presidents

Washington, February 25, 1856.

To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action

thereon, a treaty made and conchided on the 17th October, i<S55, by and

between A. Cunnnin^ and Isaac I. Stevens, conunissioners on the part

of the United States, and the Blackfeet and other tribes of Indians on

the Upper Missouri and Yellowstone rivers.

FRANKUN PIKRCP:.

WAvSHINGTOn, February 26, iS^6.
To the Senate and House of Repirse7ita fives of the United States:

I herewith transmit and reconnnend to the favorable consideration of
Congress a communication from the Secretary of War, asking a special
appropriation of $3,000,000 to prepare armaments and ammunition for
the fortifications, to increase the supply of improved small arms, and
to apply recent improvements to arms of old patterns belonging to the
United States and the several States.

FRANKUN PIERCE.

Washington, February 27, iS^^.
To the Senate of the Ihiited States:

In answer to the resolution of the Senate of the 25th instant, I trans-
mit reports-'- from the Secretary of State and the Attorney- General, to
whom the resolution was referred. FRANK! IN PIFRCI'

Washington, February 2p, 1856.
To the Setiate of the United States:

I transmit a report from the Secretary of State, with accompanying
papers,! in answer to the resolution of the Senate of yesterday.

FRANKUN PIliRCE.

Washington, Mareh 4, 18^6.
To the House of Representatives:

I transmit a report on the commercial relations of the United yStates
with all foreign nations, in answer to the resolution of the House of
Representatives of December 14, 1853.

FRANKLIN PIERCE.

*Relating to the enlistment of soldiers within the United States by agents of the Hritish flov-
ernnient.

t Relating to an offer of the British Government to refer to the arbitrament of some friendly
power the questions of difference between the United States and Great Britain upon the con-
struction of the convention of April 19, 1850.

Franklin Piivce 363

Washington, March ^, 1856.
To the Senate of the United States:

I herewith communicate to the Senate, for its constitutional action
thereon, two treaties recently negotiated by Francis Huebochmann, the
superintendent of Indian affairs for the northern superintendency, one
with the Menominee Indians and the other with the vStockbridge and
Munsee Indians, and more particularly referred to in the accompanying
communications of the Secretary of the Interior of this date.

FRANKLIN PIERCE.

Washington, March 5, iSs*^.
To the Senate of the Uttited States:

In compliance with the resolution of the Senate of the 2i.st ultimo, I
transmit herewith a report from the Secretary of the Interior, with acconi-
panying papers.* FRANKLIN PIERCE.

ExECUTivK Offick, March 5, 1856.
To the Sc7iate and House of Represe?itatires of the United States:

I present herewith a communication from the Secretary of the Interior,
in relation to Indian disturbances in the Territories of Oregon and Wash-
ington, and recommending an immediate appropriation of $300,000.
I commend this subject to your early consideration.

FRANKLIN PIERCE.

Washington, A/arch 5, /8j^6.
To the Senate of the United States:

In answer to the resolution of the Senate of the 26th ultimo, request-
ing information in regard to the site .selected for the l)uilding to be used
for the pre.ser\'ation of the ordnance, arms, etc., of the United vStatcs.
under the act approved March 3, 1S55, I transmit a letter from the vSec-
retary of War, with an accompanying reixjrt of the Chief of Ordnance,
containing the information. FRANKLIN PIIvRCIv.

Washington, March 10, i8'^6.
To the Senate of the United States:

In compliance with a resolution of the vSenatc of the 2isl uUinio, re-
questing the President of the United States to "conununicate lo the
Senate any corre.sjxmdence which may have taken jilace l)el\vcen tlu- Illi-
nois Central Railroad Company and any of the Departments of the ( lov
ernment," etc., I transmit herewith comnnniications from the Secretary of
the Treasury and from the Po.stma.ster- General, together with the accom-
panying papers.* FRANKLIN PIIvRCIv.

•Correspondence rcl.-ttive to trniistM>rt:iti<>ii of llu- mails, etc., over the- Illinois Central Kailroail.

364 Messages and Papers of the Presidents

Washington, March i^, 1856.
To the House of Representatives:

I herewith communicate to the House of Representatives, in comph-
ance with their resohition of the 28th ultimo, a report from the Secretary
of the Interior, containing such information as is in possession of his
Department touching the cause of the difficuUies existing between the
Creek and Seminole Indians since their emigration west of the Mississippi

^^^'^''- FRANKIvIN PIERCE.

To the House of Representatives:

I herewith transmit to the House of Representatives a report of the
Secretary of War, with copies prepared in compliance with a resolution
of the House of the 28tli ultimo, requesting "copies of all correspond-
ence, documents, and papers in relation to the compensation and emolu-
ments of Brevet Lieutenant- General Scott under the joint resolution of
Congress approved February 15, 1855."

,. o , FRANKLIN PIERCE.

March 17, 1856. ^ ^

Washington, March 77, 18^6.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the
27th ultimo, on the subject of correspondence between this Government
and that of Great Britain touching the Clayton and Bulwer convention, I
transmit a report from the Secretary of State, to whom the resolution was

^^^^^^^'^- FRANKLIN PIERCE.

Washington, March 77, 18^6.
To the Senate and House of Representatives:

I transmit to Congress the copy of a correspondence which has re-
cently taken place between Her Britannic Majesty's minister accredited
to this Government and the Secretary of State, in order that the expedi-
ency of sanctioning the acceptance by the officers of the United States
who were in the American expedition in search of Sir John Franklin of
such token of thankfulness as may be offered to them on the part of Her
Majesty's Government for their services on the occasion referred to may
be taken into consideration. FRANKLIN PIERCE.

Washington, March 20, 1856.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 26th ultimo, I
herewith communicate "a copy of the report, with the maps, of an

Fran kit n Pierce 365

exploration of the Big Witchitaw and the head waters of the Brazos
rivers, made by Captain R. B. Marcy, of the United States Army, while
engaged in locating lands for the Indians of Texas in the year 1854."

FRANKLIN PIERCE.

Washington, March 2^, 1856.
To the House of Representatives.-
Yw answer to the resolution of the House of Representatives of the
18th of last month, requesting the transmission of documents touching
the affairs of the Territory of Kansas, I transmit a report from the Sec-
retary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

Executive Office,
Washington, Marcli 24., 1856.
Hon. Nathaniel P. Banks,

Speaker of the House of Representatives:

I herewith transmit to the House of Representatives, in obedience to
their resolution of the 17th instant, a communication from the Secretary
of the Interior, accompanied by a copy of the report of vSuix;rintendent
Cumming in regard to his late expedition among the tribes of Indians
on the Upper Missouri. FRANKLIN PIERCE.

Washington, April i, 18^6.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and the Grand Ducliy of
Baden for the nuitual surrender of fugitive criminals, concluded at Berlin
on the loth ultimo. FRANKLIN PlERClv.

Washin(;ton, .Ipril j, /8j^6.
To the Senate of the United States:

In an.swer to the resolution of the Senate of the 27th ultimo, re({uest-
ing additional documents relating to the condition of affairs in Kansas
Territory, I transmit a re^wrt from the Secretary of vState, to whom the
resolution was referred. FRANKLIN PIICRCIC.

Washington, April p, i8'^6.
To the Senate and House of Representatives:

In execution of an act of Congress entitled "An act to proviile for the ac-
commodation of the courts of the United States for the district of Mary-
land and for a post-office at Baltimore city, Md.," approved February 17,

366 Messages and Papers of the Presidents

1855, I communicate herewith, for the consideration of Congress, copies
of conditional contracts which I have caused to be executed for two sites,
with buildings thereon, together with plans and estimates for fitting up
and furnishing the same. FRANKLIN PIIv RCK.

Washington, April p, 1856.
To the House of Representatives:

I transmit herewith a report from the Secretary of State, with accom-
panying document,-'- in compliance with the resolution of the House of
Representatives of the 4th instant. FRANKI^IN PIERCE

Washington, April 10, 1856.
To tlie Senate of tJie United States:

I transmit herewith a report of the Secretary of the Interior, with
accompanying documents, in compliance with a resolution of the Senate
of the 6tli ultimo. The documents, it is believed, contain all the infor-
mation in the Executive Departments upon the subject t to which the
resolution refers. FRANKLIN PIERCE.

Washington, April, 1856.
To the Senate and House of Representatives of the United States:

I communicate to Congress herewith a letter from the Secretary of the
Interior and a copy of a conditional contract entered into, under instruc-
tions from that Department, for the purchase of a lot and the building
thereon, for the use of the United States courts at Philadelphia, in the
State of Pennsylvania, and recommend that an appropriation of $78,000
be made to complete the same. FRANKLIN PIERCE

Washington, April //, 18^6.
To the Senate of the United States:

I transmit herewith the report of the Secretary of War, with the ac-
companying documents, in answer to the resolution of the vSenate of
the 7th instant, respecting " the steps pursued in execution of the clause
of the act making appropriations for the civil and diplomatic expenses of
the Government, approved March 3, 1855, which provides for the con-
struction of an armory for the District of Columbia. ' '

The selection of the site was made after a full hearing of the parties
interested and a personal examination by myself of all the sites suggested
as suitable for the purpose.

♦Dispatch from the United States minister at Naples relative to the saving from shipwreck of
certain American vessels and their crews by officers of the Neapolitan navy and marine service,
t Claim of Richard W. Thompson for alleged services to the Menominee Indians.

Franklin Pierce 367

It will be perceived upon an examination of the accompanying docu-
ments that although two additional purposes were added hy Congress
after the estimate of the War Department was made, and the expense of
the structure consequently increased, still by the terms of my indorsement
on the report of the colonel of ordnance fixing the site, the size and
arrangement of the building were to be such that it could l)e comphied
without exceeding the appropriation of $30,000, and that this recpiire-
ment has been strictly adhered to in every stage of the proceedings.

FRANKLIN PIKRCK.

Washington, April //, iS§6.
To the Senate of the United States:

I transmit herewith the report of the Secretary of vState, with the
accompanying documents, in answer to the resolution of the vSenate of
the 2otli ultimo, respecting the adjustment of the boundary line and the
payment of the three millions under the treaty with Mexico of the 30th
June [Decemter] . 1853. FRANKLIN PIERCE.

WASHiNCiTON, .Ipril ly, 1856.
The vSpkaker of thk HoUvSK of Rf:prksknt.\tivks:

I tran.smit herewith reports of tlie Secretaries of the War and Interior
Departments, in respon.se to the resolution of the House of Representa-
tives of the 31st ultimo, calling for information in relation to the origin,
progress, and present condition of Indian hostilities in the Territories of
Oregon and Wa.shington, and also of the means which have l)een adopted
to preserve j>eace and protect the inhabitants of said Territories.

FRANKLIN PIl^RCE.

Washington, April 2(^, i8^6.
To the Senate of the United States:

I tran.smit herewith the report of the Secretary of State, with the
accompanying documents, in answer to tlie resolution of tlie vSeiiate of
the 24th February, 1S55, in relation to the .settlement of the controversy
respecting the LoIjos Lslands. FRANKLIN PllvkClv

W.\SHTNGTOX, April i(>, iSj^6.
7\) the House of l\ep/esen to tires:

I transmit herewith to the Hon.se of Representatives a rei)ort-^- from
the vSecretary of vState, in answer to their resolution of the jtli instant.

FRANKLIN PII-RCIv.

*Ri-latiiiK to indi-innific-itioii liy tlic Si).Tiiisli ('.ovfriiiiRiil of tlu- c.iptaiiis, owners, .iiid cicws of
the bark Ci-nri^uniu ami Hit- brin .S'«.w/>; /.-';«/ for tlicir capture .iiitl coiitisciitioii U\ tlu- S|>:iiiish
autliwrities.

368 Messages and Papers of the Presidents

Washington, May i, iSfi6.
To the Senate and House of Representatives:

I communicate herewith a letter of the Postmaster-General, with ac-
companying correspondence, in relation to mail transportation l)et\veen
our Atlantic and Pacific possessions, and earnestly commend the subject
to the early consideration of Congress.

FRANKLIN PIERCK.

Washington, May j, 1856.
To the Senate of the United States:

I connnunicate herewith a letter from the Secretary of War, with
accompanying papers, in response to a resolution of the Senate of the
2ist ultimo, \\\iO\\ the subject of damages wdiicli will be "incurred l)y
the United States in case of the repeal of so much of the act of March 3,
1855, as provides for the construction of an armory in the District of
Columbia," and also a further answer from the Secretary of War to the
resolution of the Senate of the 7th ultimo, requesting a full rejxjrt of
the steps pursued in execution of the clause of the act making appropria-
tions for the civil and diplomatic expenses of the Government, approved
March 2, 1855, which provides for the construction of the armory in this
District before referred to. FRANKLIN PIERCE.

Washington, May 75, 1836.
To tlie Senate and House of Representatives:

I transmit herewith reports of the Secretary of State, the Secretary
of the Navy, and the Attorney- General, in reply to a resolution of the
Senate of the 24th of March last, and also to a resolution of the House
of Representatives of the 8th of May instant, both having reference to
the routes of transit between the Atlantic and Pacific oceans through the
Republics of New Granada and Nicaragua and to the condition of affairs
in Central America.

These documents relate to questions of the highest importance and
interest to the people of the United States.

The narrow isthmus which connects the continents of North and South
America, by the facilities it affords for easy transit between the Atlantic
and Pacific oceans, rendered the countries of Central America an object
of special consideration to all maritime nations, which has been greatly
augmented in modern times by the operation of changes in connnercial
relations, especially those produced by the general use of steam as a
motive power by land and sea. To us, on account of its geographical
position and of our political interest as an American State of primary
magnitude, that isthmus is of peculiar importance, just as the Isthmus
of Suez is, for corresponding reasons, to the maritime powers of Europe.

Franklin Pierce 369

But above all, the importance to the United States of securing free transit
across the American isthmus has rendered it of paramount interest to us
since the settlement of the Territories of Oregon and Washington and
the accession of California to the Union.

Impelled by these considerations, the United States took steps at an
early day to assure suitable means of commercial transit b}- canal rail-
way, or otherwise across this isthmus.

We concluded, in the first place, a treaty of peace, amity, navigation,
and commerce with the Republic of New Granada, among the conditions
of which was a stipulation on the part of New Granada guaranteeing to
the United States the right of way or transit across that part of the Isth-
mus which lies in the territorj^ of New Granada, in consideration of
which the United States guaranteed in respect of the same territory the
rights of sovereignty and property of New Granada.

The effect of this treaty was to afford to the people of the United
States facilities for at once opening a common road from Chagres to
Panama and for at length constructing a railway in the same direction,
to connect regularly with steamships, for the transportation of mails,
sj^ecie, and passengers to and fro between the Atlantic and Pacific States
and Territories of the United States.

The United States also endeavored, but unsuccessfulh', to o1)tain from
the Mexican Republic the cession of the right of way at the northern
extremity of the Isthmus by Tehuantepec, and that line of communica-
tion continues to be an object of solicitude to the people of this Republic.

In the meantime, intervening between the Repul)lic of New Granada
and the Mexican Republic lie the States of Guatemala, Salvador, Hon-
duras, Nicaragua, and Costa Rica, the several members of the former
Republic of Central America. Here, in the territory of the Central
American States, is the narrowest part of the Isthnuis, and hither, of
cour.se, public attention has been directed as the most in\iting field for
enterprises of interoceanic communication between the opj^osite shores of
America, and more esi)ecially to the territory of the States of Nicaragua
and Honduras.

Paramount to that of any luiropean vState, as was the interest of the
United vStates in the security and freedom of i)rojected lines of travel
across the Isthmus by the way of Nicaragua and Honduras, still we did
not yield in this respect to any suggestions of territorial aggrandizement,
or even of exclu.sive advantage, either of communication or of connnerce.
Opportvniities had not l)een wanting to the United States to pnKnire such
advantage by peaceful means and with full and free assent of those who
alone had any legitimate authority in the matter. We disregarded those
opportunities from considerations alike of domestic and foreign policy.
just as, even to the jiresent day, we have persevered in a system of jus-
tice and resix.»ct for the rights and interests of others as well as our own
in regard to each and all of the States of Central America.
M P— vol. v — 24

370 Messages and Papers of the Presidents

It was with surprise and regret, therefore, that the United States
learned a few days after the conchision of the treaty of Guadalupe
Hidalgo, hy which the United States l>ecanie, with the consent of the
Mexican Republic, the rightful owners of California, and thus invested
with augmented sj^ecial interest in the political condition of Central Amer-
ica, that a military expedition, under the authority of the British Gov-
ernment, had landed at San Juan del Norte, in the State of Nicaragua,
and taken forcible possession of that port, the necessary terminus of any
canal or railway across the Isthmus within the territories of Nicaragua.

It did not diminish the unwelcomeness to us of this act on the part of
Great Britain to find that she assumed to justify it on the ground of an
alleged protectorship of a small and obscure band of uncivilized Indians,
whose proper name had even become lost to history, who did not consti-
tute a state capable of territorial sovereignty either in fact or of right,
and all political interest in whom and in the territory they occupied
Great Britain had previously renounced b)' successive treaties with Spain
when Spain was sovereign to the country and subsequently with inde-
pendent Spanish America.

Nevertheless, and injuriously affected as the United States conceived
themselv'es to have been by this act of the British Government and b}- its
occupation about the same time of insular and of continental portions of
the territory of the State of Honduras, we remembered the many and
powerful ties and mutual interests by which Great Britain and the United
States are associated, and we proceeded in earnest good faith and with
a sincere desire to do whatever might strengthen the bonds of peace
between us to negotiate with Great Britain a convention to assure the
perfect neutrality of all interoceanic communications across the Isthmus
and, as the indispensable condition of such neutrality, the absolute inde-
pendence of the States of Central America and their complete sovereignty
within the limits of their own territory as well against Great Britain as
against the United States. We supposed we had accomplished that object
by the convention of April 19, 1850, which would never have been signed
nor ratified on the part of the United States but for the conviction that
in virtue of its provisions neither Great Britain nor the United States
was thereafter to exercise any territorial vSovereignty in fact or in name
in any part of Central America, however or whensoever acquired, either
before or afterwards. The essential object of the convention — the neu-
tralization of the Isthmus — would, of course, become a nullity if either
Great Britain or the United States were to continue to hold exclusively
islands or mainland of the Isthmus, and more especially if, under any
claim of protectorship of Indians, either Government were to remain for-
ever sovereign in fact of the Atlantic shores of the three vStates of Costa
Rica, Nicaragua, and Honduras.

I have already communicated to the two Hou.ses of Congress full infor-
mation of the protracted and hitherto fruitless efforts which the United

Franklin Pierce 371

States have made to arrange this international question with Great Brit-
ain, It is referred to on the present occasion only because of its intimate
connection with the special object now to be brought to the attention of
Congress.

The unsettled political condition of some of the Spanish American
Republics has never ceased to be regarded by this Government with
solicitude and regret on their own account, while it has been the source
of continual embarrassment in our public and private relations with
them. In the midst of the violent revolutions and the wars by which
they are continually agitated, their public authorities are unable to afford
due protection to foreigners and to foreign interests within their terri-
tory, or even to defend their own soil against individual aggressors,
foreign or domestic, the burden of the inconveniences and losses of
which therefore devolv^es in no inconsiderable degree ujxjn the foreign
states associated with them in close relations of geographical vicinity or
of commercial intercourse.

Such is more emphatically the situation of the United States with
respect to the Republics of Mexico and of Central America. Notwith-
standing, however, the relative remoteness of the luiroj^ean States from
America, facts of the same order have not failed to appear conspicuously
in their intercourse with Spanish American Repul:)lics. Great Britain
has repeatedly been constrained to recur to measures of force for the
protection of British interests in those countries. France found it neces-
sary to attack the castle of San Juan de Uloa and even to debark troops
at Vera Cruz in order to obtain redress of wrongs done to Frenchmen in
Mexico.

What is memorable in this respect in the conduct and policy of the
United States is that while it would be as easy for us to annex and
absorb new territories in America as it is for European States to do this
in A.sia or Africa, and while if done by us it might be justified as well
on the alleged ground of the advantage which would accrue therefrom to
the territories annexed and absorbed, yet we have abstained from doing
it, in olxidience to considerations of right not less than of policy; and
that while the courageous and self-reliant spirit of our people prompts
them to hardy enterjirises, and they occa.sionally yield to the temptation
of taking part in the troubles of countries near at hand, where they know
how jK^tential their influence, moral and material, must l)e, the American
Govennnent has uniformly and steadily resisted all attempts of individ-
uals in the United States to undertake armed aggression against friendly
Spanish American Republics,

While the present incuml)ent of the executive office has l)een in dis-
charge of its duties he has never failed to exert all the authority in him
vested to repress such enterprises, lx;cau.se they are in violation of the
law of the land, which the Constitution requires him to execute faith-
fully; because they are contrary to the i)olicy of the Government, and

372 Messages and Papers of the Presidents

because to permit them would be a departure from good faith toward
those American Repubhcs in amity with us, which are entitled to, and
will never cease to enjoy, in their calamities the cordial sympathy, and in
their prosperity the efficient good will, of the Government and of the peo-
ple of the United States.

To say that our laws in this respect are sometimes violated or success-
fully evaded is only to say what is true of all laws in all countries, but
not more so in the United States than in any one whatever of the coun-
tries of Europe. Suffice it to repeat that the laws of the United States
prohibiting all foreign military enlistments or expeditions within our ter-
ritory have been executed with impartial good faith, and, so far as the
nature of things permits, as well in repression of private persons as of
the official agents of other Governments, both of Europe and America.

Among the Central American Republics to which modern events have
imparted most prominence is that of Nicaragua, by reason of its par-
ticular position on the Isthmus. Citizens of the United States have
established in its territory a regular interoceanic transit route, second
only in utility and value to the one previously established in the territory
of New Granada. The condition of Nicaragua would, it is believed,
have been much more prosperous than it has been but for the occupation
of its only Atlantic port by a foreign power, and of the disturbing author-
ity set up and sustained by the same power in a portion of its territory,
by means of which its domestic sovereignty was impaired, its public lands
were withheld from settlement, and it was deprived of all the maritime
revenue which it would otherwise collect on imported merchandise at
San Juan del Norte.

In these circumstances of the political debility of the Republic of Nica-
ragua, and when its inhabitants were exhausted by long-continued civil
war between parties neither of them strong enough to overcome the other
or permanently maintain internal tranquillity, one of the contending fac-
tions of the Republic invited the assistance and cooperation of a small
body of citizens of the United States from the State of California, whose
presence, as it appears, put an end at once to civil war and restored appar-
ent order throughout the territory of Nicaragua, with a new administra-
tion, having at its head a distinguished individual, by birth a citizen of
the Republic, D. Patricio Rivas, as its provisional President.

It is the establislied policy of the United States to recognize all gov-
ernments without question of their source or their organization, or of the
means by which the governing persons attain their power, provided there
be a government de facto accepted by the people of the country, and with
reserve only of the time as to the recognition of revolutionary govern-
ments arising out of the subdivision of parent states with which we are
in relations of amity. We do not go behind the fact of a foreign govern-
ment exercising actual power to investigate questions of legitimacy; we
do not inquire into the causes which may have led to a change of govern-

Franklin Pierce 373

ment. To us it is indifferent whether a successful revolution has been
aided by foreign intervention or not; whether insurrection has overthrown
existing government, and another has been established in its place ac-
cording to preexisting forms or in a manner adopted for the occasion by
those whom we may find in the actual possession of power. All these
matters we leave to the people and public authorities of the particular
country to determine; and their determination, whether it be by positive
action or by ascertained acquiescence, is to us a .sufhcient warranty of the
legitimacy of the new government.

During the sixty-seven 3'ears which have elap.sed since the establi.sh-
ment of the existing Government of the United States, in all which time
this Union has maintained undisturbed domestic tranquillity, we have had
occasion to recognize governments de facto, founded either by domestic
revolution or by military invasion from abroad, in many of the Govern-
ments of Europe.

It is the more imperatively necessary' to appl}' this rule to the vSpanish
American Republics, in consideration of the frequent and not seldom
anomalous changes of organization or administration which they undergo
and the revolutionarj' nature of most of these changes, of which the re-
cent .series of revolutions in the Mexican Republic is an example, where
five .successi\'e revolutionary governments have made their appearance in
the course of a few months and l)een recognized successively, each as the
political power of that country, by the United States.

When, therefore, some time since, a new minister from the Republic of
Nicaragua presented himself, bearing the commis.sion of President Rivas,
he must and would have been received as such, unless he was found on
inquir>' subject to personal exception, but for the ab.sence of .sati.sfactory
information upon the question whether President Rivas was in fact the
head of an established Government of the Republic of Nicaragua, doubt
as to which aro.se not only from the circumstances of his avowed associa-
tion with armed emigrants recenth' from the ITnited vStates. but that the
proposed minister him.self was of that class of i>er.sons, and not otherwise
or previously a citizen of Nicaragua.

Another mini.ster from the Republic of Nicaragua has now ]>rcsentcd
himself, and has l)een received as .such, satisfactory evidence a]ii)earing
that he represents the Government dc facto and, .so far as such exists, the
Government dc jure of that RcpubHc.

Tliat reception, while in accordance with the established poHcy of the
United States, was likewise called for \yy the mo.st imperative .s])ecial exi-
gencies, which require that this Government .shall enter at once into di])-
lomatic relations with that of Nicaragiia. In the first place, a differtnce
has occurred l)etween the Government of President Rivas atul the Nicara-
gua Tran.sit Company, which involves the necessity of intjuiry into rii^hts
of citizens of the United States, who allege that they have been aggrieved
by the acts of the former and claim protection and redress at the hands

374 Messages and Papers of the Presidents

of their Government. In the second place, the interoceanic conimimica-
tion by the way of Nicaragua is effectually interrupted, and the persons
and property of unoffending private citizens of the United States in that
country require the attention of their Government. Neither of these
objects can receive due consideration without resumption of diplomatic
intercourse with the Government of Nicaragua.

Further than this, the documents communicated show that while the
interoceanic transit by the way of Nicaragua is cut off, disturbances at
Panama have occurred to obstruct, temporarily at least, that by the w^ay
of New Granada, involving the sacrifice of the lives and property of citi-
zens of the United States. A special commissioner has been dispatched
to Panama to investigate the facts of this occurrence with a view par-
ticularly to the redress of parties aggrieved. But measures of another
class will be demanded for the future security of interoceanic communi-
cation by this as by the other routes of the Isthmus.

It would be difficult to suggest a single object of interest, external or
internal, more important to the United States than the maintenance of
the communication, by land and sea, between the Atlantic and Pacific
States and Territories of the Union It is a material element of the
national integrity and sovereignty.

I have adopted such precautionary measures and ha\e taken such
action for the purpose of affording security to the several transit routes
of Central America and to the persons and property of citizens of the
United States connected with or using the same as are within my con-
stitutional power and as existing circumstances have seemed to demand.
Should these measures prove inadequate to the object, that fact will be
communicated to Congress with such recommendations as the exigenc}'
of the case may indicate. FRANKIJN PIHRCK.

Executive Office,

Washington, May i6, J^<^5^>-
To the Senate and House of Representatives:

I communicate to Congress a report from the Secretary of the Interior,
containing estimates of appropriations required in the fulfillment of treat}'
stipulations with certain Indian tril^es, and recommend that the appro-
priations asked for be made in the manner therein suggested.

FRANKIvIN PIERCE.

Washington, May ig, iSf;6.
To the House of Represeiitatives:

In compliance with a resolution of the House of Representatives of the
7th ultimo, requesting the President ' ' to communicate what information
he may possess in regard to citizens of the United States being engaged
in the slave trade, or in the transportation in American ships of coolies

Franklin Pierce 375.

from China to Cuba and other countries with the intention of placing or
continuing them in a state of slavery or servitude, and whether such
traffic is not, in his opinion, a violation of the spirit of existing treaties,
rendering those engaged in it liable to indictment for piracy; and espe-
cially that he be requested to communicate to this House the facts and
circumstances attending the shipment from China of some 500 coolies in
the ship Sea Witch, of the city of New York, lately wrecked on the coast
of Cuba," I transmit the accompanying report of the Secretary of State.

FRANKUN PIERCE.

Washington, May 20, i8§6.
To the Senate of the U?iited States:

I transmit a copy of and extracts from dispatches of the late minister
of the United States at lyondon, and of his correspondence with Lord
Clarendon which accompanied them, relative to the enlistment of sol-
diers for the Briti.sh army within the United States by agents of the
Government of Great Britain. These dispatches have been received
since my message to the Senate upon the sul^ject of the 27tli of February

^^^^- FRANKUN PIICRCE.

Washington, Afay 22, 1S56.
To the House of Representatives:

I communicate herewith a report from the Secretary of War, in re-
sponse to a resolution of the House of Representatives of the 1 2th instant,
requesting me to inform the House ' ' whether United States soldiers have
been employed in the Territory of Kansas to arrest j)ersons charged with
a violation of certain supposed laws enacted by a supjxjsed legislature
as.sembled at vShawnee Mission." FRANKLIN PII-^RCF

Washington, May 29, ^^56.
To the Senate and House of Representatives:

I have ceased to hold intercourse with the envoy extraordinary and
minister ])lenipotentiary of Her Majesty the Queen of the United King-
dom of Great Britain and Ireland near this Government.

In making conununication of this fact it has l)een deemed by me ])ro]x.'r
also to lay l)efore Congress the considerations of in(lis])en,s;ibk" i)ublic
duty which have led to the ado]Hion of a measure of so much iin])()rtance.
They ai)jx.'ar in the d(x:uments herewith transmitted to ])olh Houses.

FRANKLIN PIICKClv.

Washington, May 20, iS^i").
To the Senate of the I ^nited States:

In fmther answer to tlie resohition of tlic vScnatc of the ijtli of J;m
uary last, requesting a copy of any oflicial corre.sjxmdence not previously

376 Afi'ssaj^rs and Papers of the Presidents

communicated touching the construction and purport of the convention
between the United States and Great Britain of the 19th of April, 1850, I
transmit a copy of an instruction of the 24th instant from the vSecretary
of State to the minister of the United States at London.

FRANKUN PIERCE.

Washington, June j, iSj^d.
To Die Senate and House of Representatives of tJie United States:

I herewith communicate a letter of the 26th instant from the Secretary
of the Interior, and accompanying papers, relative to the conflict of juris-
diction between the Federal and Cherokee courts and the inadequacy of
protection against the intrusion of improper persons into the Cherokee
country, and recommend the subject to the consideration of Congress.

FRANKLIN PIERCE.

Washington, June j, 1836.
To t/ie House of Represeiitatives :

I transmit a report* from the vSecretary of State, in answer to a resolu-
tion of the House of Representatives of the 29tli ultimo.

FRANKLIN PIERCE.

Washington,///;/^' /, i8^^6.
To tlie House of Representatives:

In answer to the resolution of the House of Representatives of the 8th
of last month, requesting information in regard to a contemplated impo-
sition of additional duties on American leaf tobacco by the Zollverein
or Commercial Union of the German States, I transmit a rei)ort from the
Secretary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

Washington, ///;//' /j, 1836.
To the House of Represeyitatives:

In compliance with a resolution of the House of Representatives of
the 1 8th of Februar}' last, requesting me to communicate to the House
"the report of Captain E. B. Boutwell, and all the documents accompany-
ing it, relative to the operations of the United States sloop of war /<?//;/
Adams, under his command, at the Fejee Islands in the year 1855," I
transmit herewith a report of the Secretary of the Navy.

FRANKLIN PIERCE.

* stating that no information relative to the action of the leading powers of Europe on the subject
of privateering has been officially communicated by any foreign government.

Franklin Pierce 377

Washington, June 18, 1856.
To the Senate of the United States:

I transmit a report from the Secretary of State, with accompanying
documents,* in answer to the resolution of the Senate of the i6th instant.

FRANKIvIN PIERCE.

Washington, /««r 20, i8j6.
To the Senate and House of Representatives of the United States:

I communicate herewith a letter from the Secretary of the Interior and
accompanying papers, respecting the sum of $16,024.80 now in the hands
of the agent of the Choctaw Indians, being a balance remaining from
the sales of Choctaw orphan reservations under the nineteenth article
of the treaty of 1830, and commend the subject to the favorable consid-
eration of Congress. FRANKLIN PIERCE.

Washington, /ww^" ^j, 1856.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention for the mutual delivery of criminals fugitives from
justice in certain cases, and for other purposes, concluded at The Hague
on the 29th ultimo l>etween the United States and His Majesty the King
of the Netherlands. FRANKLIN PIERCE.

Washington,////)' J, t8^6.
To the House of Representatives of the United States:

In response to a resolution of the House of Representatives of the iStli
ultimo, requesting me to inform the House "what measures, if any, have
been taken to carry out the provisions of a late act of Congress author-
izing the President to contract with Hiram Powers, the great American
sculptor, now in Italy, for some work of art for the new Ca])it()l, and
appropriating $25,000 for that purpose." I transmit herewith cojues of
three letters — one from Mr. Powers to Hon. Ivdward iCverett and two
from my.self to the same gentleman.

Since the date of my letter of July 24, 1855. I have comnuuiicated
with Mr. pA'erett U]x)n the .subject verbally and in writing, and the final
propo.sition on my part, resulting therefrom, will be foinul in the accom-
])anying extract of a letter dated June 5, 1856.

FRAXKLIX PIIvRCI-:.

* Inslnictiotis to Mr, Hiichanaii, Inli- miiiislcr to l-tn^jlaiul, on th<' sulijcrl of free sliii)-; iii.ikiiij; fnc
gfxKls, ami IfltiT from Mr. Hiicliaiiaii ti> I.onl Clarciuloii on the s;iinc Mil>jfol

378 Messages and Papers of the Presidents

Washington, Jidy 7, 1856.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 6th ultimo, re-
specting the location of the District armory upon the Mall in this city,
I transmit the accompanying report from the Secretary of War,

FRANKUN PIERCE.

Washington, /«/j' 7, 18^6.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention for the mutual deliver}' of criminals fugitives from
justice between the United States and Austria, signed in this city on the
3d instant. FRANKLIN PIERCE.

^ ,T TT J- r> J, J J- Washington, /?v/j' <?, 18^6.

JO the House of /representatives: > -/ ^

I communicate herewith a report of the Secretary of War, in reply to

a resolution of the House of the 25th ultimo, "on the subject of Indian

hostilities in Oregon and Washington Territories. ' '

FRANKLIN PIERCE.

Washington, fidy ji, 1856.
To the Senate of the United States:

In reply to a resolution of the Senate of Ma}' 23, requesting a "detailed
statement of the sums which have been paid to newspapers published in
Washington for advertisements or other printing published or executed
under the orders or by authority of the several Departments since the 4th
day of March, 1H53," I communicate herewith reports from the several
Departments. FRANKLIN PIERCE.

Washington,//^/)' 75, 1856.
To the Senate and House of Representatives:

I tran.smit a copy of a letter of November 27, 1S54, from the commis-
sioner of the United States in China, and of the regulations, orders, and
decrees which accompanied it, for such revision thereof as Congress may
deem expedient, pursuant to the sixth section of the act approved August

^ ' ' ^ ^^^- FRANKLIN PIERCE.

Execitti\t; Office, Washington, fidy 21, i8j6.
To the Senate and House of Reprrsentatives of the United States:

I communicate to Congress herewith a letter from the Postmaster-
General and a copy of a conditional contract entered into under instruc-

Franklin Pierce 379

tions from me for the purchase of a lot and building thereon for a
post-office in the city of Philadelphia, together with a copy of a report
of Edward Clark, architect of the Patent Office building, in relation to
the site and building selected, and recommend that an appropriation of
$250,000 be made to complete the purchase, and also an appropriation
of $50,000 to make the required alterations and furnish the necessary
cases, boxes, etc. , to fit it up for a city post-office.

FRANKLIN PIERCE.

Washington, /;//i' 22, i8j;6.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, a treaty of friendship, commerce, navigation, and extradition
between the United States and the Republic of Chili, signed at San
tiago, in that Republic, on the 27th of May last.

FRANKLIN PIERCE.

Washington,////!' 24, iSj^^.
To the Senate and House of Representatives:

I herewith present to Congress a copy of ' ' miiuites of a council held at
Fort Pierre, Nebraska Territory , on the ist day of March, 1856, by Brevet
Brigadier- General William S. Harney, United States Army, connuanding
the Sioux expedition, with the delegations from nine of the bands of the
Sioux;" also copies of sundry papers upon the same subject.

Regarding the stipulations between General Harney and the nine
bands of the Sioux as just and desirable, lx)th for the United States and
for the Indians, I respectfully recommend an appropriation by Congress
of the sum of $100,000 to enable the Government to execute the stipu-
lations entered into by General Harney.

FRANKLIN PIIvRCE.

Washington, /;//)' 2g, rSj;6.
To the Senate of the Ihiited States:

I herewith lay lx?fore the vSenate, for its constitutional action thereon,
a treaty made and concluded at Miickl-te-oh, or Point Ivlliott, by Isaac
I. Stevens, governor and .su])erintendent of Indian affairs of Washington
Territory, on the part of the United States, and chiefs, headmen, and
delegates of the Dwamish, vSu([uamish, vSk-tahl-mish, vSam-ahmisli, Smalh
kamish, Skope-alunish, St-kah-mish, Sno(|ualmoo. Skai-wha inish,
N'Ouentl-ma-mish. vSk-tah-le-jum, vStoluck-wha-mish, Sno ho-inish, Sk;i
git, Kik-i-allus, Swin-a-mish, vS(iuin-ah-mish, Sah-ku-mehu, Xoo-wha h:i.
Nook-wa-chah-mish, Mee-see-(|ua-guiloh, Cho-bah ah bish, .iiid other
allied and subordinate tril)es and bands of Indians in .siiid Tcrritorv.

380 Alessaqcs and Papers of tJic Presidents

Also a treaty made and concluded at Hahd Skus, or Point no Point,
on the 26th day of January, 1855, by and between the same commis-
sioner on the part of the United States and the chiefs, headmen, and
delegates of the different villages of the vS'Klallams Indians in said Ter-
ritor>'.

Also a treaty made and concluded at Neah Bay on the 31st day of Jan-
uary, 1855, by and between the same commissioner on the part (A the
United States and the chiefs, headmen, and delegates of the same vil-
lages of the Makah tribe of Indians in the said Territory.

FRANKLIN PII<:RCIv

Washington, July 20, 1856.
To the Saiatc of the United States:

I herewith la}' before the Senate, for its constitutional action thereon,
a treaty made and concluded by and between Isaac I. Stevens, gov^ernor
and superintendent of Indian affairs of the Territory of Washington, on
the part of the United States, and the chiefs, headmen, and delegates
of the different tribes and bands of the Qui-nai-elt and Ouil-leh-ute In-
dians in Washington Territory.

Said treaty was made on the ist of July, 1855, and 25th Jaiuiary, 1856.

FRANKLIN PIERCE.

Washington, fidy 29, tS^6.
To tlie Senate of the United States:

I herewith lay before the Senate, for its constitutional action thereon,
a treaty made and concluded at the treaty ground at Hell Gate, in the
Bitter Root Vallej', on the i6th day of July, 1855, bj' and between Isaac
I. Stevens, governor and superintendent of Indian affairs for the Terri-
tory of Washington, on the part of the United States, and the chiefs,
headmen, and delegates of the confederate tribes of the Flathead, Koo-
tenay, and Upper Pend d'Oreilles Indians, who by the treaty are consti-
tuted a nation, under the name of the Flat Head Nation.

FRANKLIN PIERCE.

Washington, fuly 2g, 18^6.
To the Senate of the United States:

I herewith lay before the Senate, for its constitutional action thereon,
a treaty made and concluded at Wasco, near the Dalles of the Columbia
River, in Oregon Territory, by and l^etween Joel Palmer, superintendent
of Indian affairs, on the part of the United States, and the chiefs and
headmen of the confederated tribes and bands of Walla- Wallas and Was-
coes Indians residing in middle Oregon. Said treaty was made on the
25th day of June, 1855. FRANKLIN PIERCE.

Franklin Pierce 381

Washington, July 2g, 1856.
To the Senate of the U?iited States:

I herewith lay before the Senate, for its constitutional action thereon,
a treaty made and concluded on the 21st day of December, 1855, by and
l)etween Joel Palmer, superintendent of Indian affairs, on the part of the
United States, and the chiefs and headmen of the Mo-lal-la-las, or Molel,
tribe of Indians in Oregon Territory.

FRANKUN PIERCE.

Washington, Jtily 2g, 1856,
To the Senate of the United States:

I herewith lay before the Senate, for its constitutional action thereon,
a treaty made on the 9th of June, 1855, by and between Isaac I. Stevens,
governor and superintendent of Indian affairs of the Territory of Wash-
ington, and Joel Palmer, superintendent of Indian affairs of the Territory
of Oregon, on the part of the United States, and the chiefs, headmen, and
delegates of the Walla-Wallas, Cayuses, and Umatilla triljes and bands of
Indians, who for the purposes of the treaty are to Ixi regarded as one
nation. Also a treaty made on the nth of June, 1855, by and l)etween
the same commissioners on the part of the United States and the chiefs,
headmen, and delegates of the Nez Perce tribe of Indians.

The lands ceded by the treaties herewith lie partly in Washington and
partly in Oregon Territories. FRANKLIN PIERCE.

Washington, July 2^, 1856.
To the Senate of the United States:

I herewith lay before the Senate, for its constitutional action thereon,
a treaty made and concluded at Camp Stevens, Walla Walla \'alley, on
the 9th day of June, 1855, by and between Isaac I. Stevens, governor of
and sujierintendent of Indian affairs for Washington Territory, on the
part of the United States, and the head chiefs, chiefs, headmen, and dele-
gates of the Yakama, Palouse, Pisquouse, Wenatslui])am, Klikatat. Klin-
quit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham. vShyiks. Oche-
chotes, Kah-milt-pah, and vSe-ap-cat tril)es and bands of Itulians, who for
the purposes of the treaty are to be known as the "Yakama" Nation
of Indians. FRANKLIN PIERCE.

Washington, ////r ji<^, /S^6.
To the Senate of the Ignited States:

Hy the sixteenth article of the treaty of 4th March. 1.S53, bclwccn the
United States and the Republic of Paraguay, as amended !>>■ a resolution
of the Senate of the ist May, 1854, it was provided that the exchange of

382 Messages and Papers of the Presidents

the ratifications of that instrument should be effected within twenty-four
months of its date; that is, on or before the 4th March, 1855.

From circumstances, however, over which the Ooveniment of the United
States had no control, but which are not supposed to indicate any indis-
position on the part of the Paraguayan Government to consummate the
final formalities necessary to give full force and validity to the treaty,
the exchange of ratifications has not yet been effected.

A similar condition exists in regard to the treaty between the United
States and the Oriental Republic of Uruguay of the 28th August, 1852.
The Senate, by a resolution of 13th June, 1854, extended the time within
which the ratifications of that treaty might be exchanged to thirty months
from its date. That limit, however, has expired, and the exchange has
not been effected.

I deem it expedient to direct a renewal of negotiations with the Gov-
ernments referred to, with a vnew to secure the exchange of the ratifica-
tions of these important conventions. But as the limit prescribed by the
Senate in both cases has passed by, it is necessary that authority be con-
ferred on the Executive for that purpose.

I consequently recommend that the Senate sanction an exchange of the
ratifications of the treaties above mentioned at any time which may be
deemed expedient by the President within three years from the date of
the resolution to that effect. FRANKLIN PIERCE.

Washington, August i, 1856.
To the Senate and House of Representatives of the United States:

I communicate to Congress herewith the report of Major W. H. Emory,
United States commissioner, on the surv^ey of the boundary between
the United States and the Republic of Mexico, referred to in the accom-
panying letter of this date from the Secretary of the Interior.

FRANKLIN PIERCE.

Executive Office,
Washington, August /, 1856.
To the House of Representatives of the United States:

I herewith lay before the House of Representatives a report of the
Secretary of War, in reply to a resolution of the House requesting ' ' in-
formation in regard to the construction of the Capitol and Post-Office
extensions." FRANKLIN PIERCE.

Executive Office, Atigust 4, 1856.
To the Senate of the United States:

I communicate herewith a report of the Secretary of War, in response
to a resolution of the Senate calling for information in relation to instruc-

Franklin Pierce 383

tions "issued to any military officer in command in Kansas to disperse
any unarmed meeting of the people of that Territory, or to prevent by
military power any assemblage of the people of that Territory."

FRANKLIN PIERCE.

Washington, August ^, 18^6.
To the Se?iatc of the United States:

In answer to the resolution of the Senate of the ist instant, requesting
a copy of papers touching recent events in the Territory of Washington,
I transmit a report from the Secretary of State and the documents by
which it was accompanied. FRANKLIN PIERCE.

Executive Office,
Washington, August 6, 18^6.
To the Seyiate of t/ie United States:

In compliance with a resolution of the Senate of the 28th ultimo, re-
questing the President to inform the Senate in relation to any applica-
tion ' ' b}' the governor of the State of California to maintain the laws and
peace of the said State against the usurped authority of an organization
calling itself the connnittee of vigilance in the city and county of San
Francisco, ' ' and also ' ' to lay before the Senate whatever information he
may have in respect to the proceedings of the said committee of vigi-
lance," I transmit the accompanying reports from the Secretary of State
and the Secretary of the Navy. FRANKLIN PIERCE.

Washington, August 8, /8j6.
To tlic Senate of tlie United States:

I herewith submit to the Senate, for its constitutional action thereon,
a treaty negotiated with the Creek and Seminole Indians, together with
the accompanying papers. FRANKLIN PlERCIv.

Washington, August <;, /8j6.
To the Senate of the United States:

With a message of the 23d of June last I transmitted, for the consider-
ation of the Senate, a convention for the mutual delivery of criminals
fugitives from ju.stice in certain cases, and for other purposes, concluded
at The Hague on the 29th of May last between the United .States and
His Majesty the King of the Netherlands. Deeming it advisable to
withdraw that in.strument from the consideration of the Senate, I re^juest
that it may be returned to me. FRANKLIN PIERCE.

384 Messages and Papers of the Presidents

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of amity, commerce, and navigation, and for the surrender
of fugitive criminals, between the United States and the Repubhc of
Venezuela, signed at Caracas on the loth of July last.

. ^ o ^ FRANKUN PIERCE.

August 9, 1856.

Washington, August 11, 1856.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 3d March, 1855,
requesting information relative to the proceedings of the commissioners
for the adjustment of claims under the convention with Great Britain
of the Stli of February, 1853, I transmit a report from the Secretary of
State, to whom the resolution was referred.

FRANKLIN PIERCE.

Washington, August 11, 1856.
To the House of Representatives of the United States:

I transmit herewith a report of the Secretary of War, in reply to a
resolution of the House of Representatives of May 26, 1856, in relation
to the Capitol and Post-Office extensions.

FRANKI^IN PIERCE.

Washington, August 12, 1856.
To the Senate of the United States:

I transmit a report from the Secretary of State, with accompanying
papers,* in answer to the resolution of the Senate of yesterday.

FRANKIvIN PIERCE.

Washington, August 12, 1856.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 7th instant, in
relation to the refusal of the Government of Honduras to receive a com-
mercial agent from this country, I transmit a report from the Secretary
of State and the documents which accompanied it.

FRANKI^IN PIERCE.

Washington, August ij, i8§6.
To the Senate and House of Represc7itatives:

I transmit herewith a communication from the Secretary of War, in-
closing a report of Captain M. C. Meigs, stating that the sum of $750,000

*Relatingto "The declaration concerning maritime law," adopted by the plenipotentiaries of
Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey at Paris April i6, 1S56.

Franklin Pierce 385

will be necessary for the prosecution of the Capitol extension lintil the
close of the next session of Congress, and recommend that that amount
may be appropriated. FRANKLIN PIERCE.

Washington, August 75, 1856.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the 4th
instant, requesting a copy of letters and papers touching the pardons or
remission of the imprisonment of Daniel Drayton and Edward Sayres in
August, 1852, I transmit a report from the Secretary of State, to whom
the resolution was referred. FRANKI.IN PIERCE.

Washington, August i^, 1856.
To the Senate and House of Representatives:

I transmit herewith a report from the Secretary of War, in relation to
an error in a communication* of Captain Meigs.

FRANKLIN PIERCE.

Washington, Aicgust 16, iSj6.
To the Senate of the United States:

In compliance with a resolution of the Senate of the nth instant, in
relation to the public accounts of John C. Fremont, I transmit the ac-
companying report from the Secretary of the Treasury, to whom the
resolution was referred. FRANKLIN PIERCE.

Washington, August 16, i8j6.
To the House cf Representatives:

In compliance with a resolution of the House of Representatives of
the 17th April, 1856, requesting me to have prepared and presented to the
Hou.se of Representatives ' ' a statement showing the appropriations made
by the Thirty-first, Thirty-second, and Thirty-third Congre.s.ses, distin-
guishing the appropriations made at each session of each Congress, dis-
tinguishing also the appropriations made on the reconnnendations of the
President, heads of Departments, or heads of bureaus from tho.se that
were made without such reconmiendation, and .showing what expendi-
tures have l)een made by the Government in each fiscal year, commen-
cing with the I.St day of July, 1850, and ending on the 30th day of Juik',
1855; and also what, if any, defalcations have occurred from the ^(Jlh day
of June, 1850, to the ist day of July, 1855, and the amount of such defal-
cations severally, and such other information as may l)e in his power
bearing upon the matters alx)ve mentioned," I submit the following
reports from the vSecretaries of the Treasury, War, Navy, and Interior
Departments and the Po.stmaster- General.

FRANKLIN I'll-RCi:.

♦Relating to the Capitol txtiii-.ii)ii.

M P — vol, V— 25

386 Messages and Papers of the Presidents

VETO MESSAGES.

Washington, May ig>, 1856.
To the Seyiatc of the United States:

I return herewith to the Senate, in which it originated, the bill entitled
"An act to remove obstructions to navigation in the mouth of the Mis-
sissippi River at the Southwest Pass and Pass a 1' Outre," which proposes
to appropriate a sum of money, to be expended under the superintendence
of the Secretary of War, " for the opening and keeping open ship chan-
nels of sufficient capacity to accommodate the wants of commerce through
the Southwest Pass and Pass a 1' Outre, leading from the Mis.sissippi
River to the Gulf of Mexico. ' '

In a communication addressed by me to the two Houses of Congress
on the 30th of December, 1854, ^Vi views were exhibited in full on the
subject of the relation of the General Government to internal improve-
ments. I set forth on that occasion the constitutional impediments,
which in my mind are insuperable, to the prosecution of a system of
internal improvements by means of appropriations from the Treasury
of the United States, more especially the consideration that the Consti-
tution does not confer on the General Government any express power
to make such appropriations, that they are not a necessary and proper
incident of any of the express powers, and that the assumption of
authority on the part of the Federal Government to commence and carry
on a general system of internal improvements, while exceptionable for
the want of constitutional power, is in other respects prejudicial to the
several interests and inconsistent with the true relation to one another
of the Union and of the individual States.

These objections apply to the whole system of internal improvements,
whether such improvements consist of works on land or in navigable
waters, either of the seacoast or of the interior lakes or rivers.

I have not been able, after the most careful reflection, to regard the
bill before me in any other light than as part of a general system of
internal improvements, and therefore feel constrained to submit it, with
these objections, to the reconsideration of Congress.

FRANKLIN PIERCE.

Washington, May ig. 1S56.
To the Seriate of the United States:

I return herewith to the Senate, in which it originated, a bill entitled
"An act making an appropriation for deepening the channel over the
St. Clair flats, in the State of Michigan," and submit it for reconsidera-
tion, because it is, in my judgment, liable to the objections to the prose-

Franklin Pierce 387

cution of internal improvements by the General Government which have
already been presented by me in previous communications to Congress.

In considering this bill under the restriction that the power of Con-
gress to construct a work of internal improvement is limited to cases in
which the work is manifestly needful and proper for the execution of
some one or more of the powers expressly delegated to the General Gov-
ernment, I have not been able to find for the proposed expenditure any
such relation, unless it be to the power to provide for the common de-
fense and to maintain an army and navy. But a careful examination
of the subject, with the aid of information officially received since my
last annual message was communicated to Congress, has convinced me
that the expenditure of the sum proposed would serve no valuable pur-
pose as contributing to the common defense, because all which could be
effected by it would be to afford a channel of 12 feet depth and of so
temporary a character that unless the work was done immediately before
the necessity for its use should arise it could not be relied on for the
vessels of even the small draft the passage of which it would permit.

Under existing circumstances, therefore, it can not be considered as a
necessary means for the common defense, and is subject to those objec-
tions which apply to other works designed to facilitate commerce and
contribute to the convenience and local prosperity of those more immedi-
ately concerned — an object not to be constitutionally and justly attained
by the taxation of the people of the whole country.

FRANKLIN PIERCE.

Washington, May 22, 1856.
To the Senate of the Utiited States:

Having considered the bill, which originated in the Senate, entitled
"An act making an appropriation for deepening the channel over the
flats of the St. Marys River, in the State of Michigan," it is herewith
returned without my approval.

The appropriation proposed by this bill is not, in my judgment, a nec-
essary means for the execution of any of the expressly granted powers of
the Federal Government. The work contemplated belongs to a general
class of improvements, embracing roads, rivers, and canals, designed to
afford additional facilities for intercourse and for the transit of com-
merce, and no reason has been suggested to my mind for excepting it
from the objections which apply to appropriations by the General (lov-
ernment for deepening the channels of rivers wherever shoals or other
obstacles impede their navigation, and thus obstruct communication and
imix)se restraints upon commerce within the States or between the
States or Territories of the Union, I therefore submit it to the rccon-
.sideration of Congress, on account of the same objections which have
l)een presented in my previous communications on the subject of internal
improvements. FRANKIJX PIICRCE.

388 Messages and Papers of the Presidents

Washington, August 11, 1856.
To the House of Representatives:

I return herewith to the House of Representatives, in which it origi-
nated, a bill entitled "An act for continuing the improvement of the Des
Moines Rapids, in the Mississippi River, ' ' and submit it for reconsidera-
tion, because it is, in my judgment, liable to the objections to the prose-
cution of internal improvements by the General Government set forth at
length in a communication addressed by me to the two Houses of Con-
gress on the 30th day of December, 1854, and in other subsequent mes-
sages upon the same subject, to which on this occasion I respectfully

^^^^^- FRANKI^IN PIERCE.

Washington, August i^, 1856.
To the Senate of the United States:

I return herewith to the Senate, in which it originated, a bill entitled
"An act for the improvement of the navigation of the Patapsco River
and to render the port of Baltimore accessible to the war steamers of the
United States," and submit it for reconsideration, because it is, in my
judgment, liable to the objections to the prosecution of internal improve-
ments by the General Government set forth at length in a communication
addressed by me to the two Houses of Congress on the 30th day of Decem-
ber, 1854, and other subsequent messages upon the same subject, to which
on this occasion I respectfully refer. FRANKLIN PIERCE

PROCLAMATIONS.

By the President of the United States of America.
A proclamation.

Whereas information has been received by me that sundry persons,
citizens of the United States and others resident therein, are preparing,
within the jurisdiction of the same, to enlist, or enter themselves, or to
hire or retain others to participate in military oj>erations within the
State of Nicaragua:

Now, therefore, I, Franklin Pierce, President of the United States, do
warn all persons against connecting themselves with any such enterprise
or undertaking, as being contrary to their duty as good citizens and to
the laws of their country and threatening to the peace of the United
States.

I do further admonish all persons who may depart from the United
States, either singly or in numbers, organized or unorganized, for any

Franklin Pierce 389

such purpose, that the}- will thereby cease to be entitled to the protection
of this Government.

I exhort all good citizens to discountenance and prevent any such dis-
reputable and criminal undertaking as aforesaid, charging all officers,
civil and military, having lawful power in the premises, to exercise the
same for the purpose of maintaining the authority and enforcing the laws
of the United States.

In testimony whereof I have hereunto set my hand and caused the
seal of the United States to be affixed to these presents.
P -| Done at the city of Washington, the 8th day of Decem-

ber, 1855, and of the Independence of the United States the
eightieth. FRANKLIN PIERCE.

By the President:

W. Iv. Marcy,

Secretary of State.

By the President of the United States of America.
A proclamation.

Whereas by the second section of an act of the Congress of the United
States approved the 5th day of August, 1854, entitled "An act to carry
into effect a treaty between the United States and Great Britain signed
on the 5th day of June, 1854," it is provided that whenever the island
of Newfoundland shall give its consent to the application of the stipula-
tions and provisions of the said treaty to that Province and the legisla-
ture thereof and the Imperial Parliament shall pass the neccssar}' laws
for that purpose, grain, flour, and breadstuffs of all kinds; animals of all
kinds; fresh, smoked, and salted meats; cotton wool, seeds and vegeta-
bles, undried fruits, dried fruits, fish of all kinds, products of fish and
all other' creatures living in the water, poultry, eggs; hides, furs, skins,
or tails, undressed; stone or marble in its crude or un wrought state, slate,
butter, cheese, tallow, lard, horns, manures, ores of metals of all kinds,
coal, pitch, tar, turpentine, ashes; timber and lumber of all kinds, round,
hewed, jiiid sawed, unmanufactured in whole or in part; firewood; plants,
shrubs, and trees; pelts, wool, fish oil, rice, l)room corn, and bark; gypsum,
ground or unground; hewn or wrought or unwrought l)urr or grind stones;
dye.stuffs; flax, hemp, and tow, unmanufactured; unmanufactured to-
bacco, and rags — .shall be admitted free of duty from that Province into
the United States from and after the date of a proclamation by the Presi-
dent of the United States declaring that he has satisfactory evidence
that the .said Province has con.sented in a due and proper manner to have
the provisions of the treaty extended to it and to allow the United vStates
the full l^enefits of all the stipulations therein contained; and

Whereas I have .satisfactory evidence that the Province of Newfound-
land has consented in a due and proper manner to have the proxisioiis

390 Messages and Papers of the Presidetits

of the aforesaid treaty extended to it and to allow the United States the
full benefits of all the stipulations therein contained, so far as they are
applicable to that Province:

Now, therefore, I, Franklin Pierce, President of the United States of
America, do hereby declare and proclaim that from this date the articles
enumerated in the preamble of this proclamation, being the growth and
produce of the British North American colonies, shall be admitted from
the aforesaid Province of Newfoundland into the United States free of
duty so long as the aforesaid treaty shall remain in force.

In testimony whereof I have hereunto set my hand and caused the
seal of the United States to be affixed to these presents.
P -I Done at the city of Washington, the 12th day of December,

A. D. 1855, and of the Independence of the United States the
eightieth. FRANKUN PIERCE.

By the President:

W. ly. Marcy,

Secretary of State.

By the President of the United States of America.

A PROCLAMATION.

Whereas indications exist that public tranquillity and the supremacy
of law in the Territory of Kansas are endangered l)y the reprehensible
acts or purposes of persons, both within and without the same, who pro-
pose to direct and control its political organization by force. It appearing
that combinations have been formed therein to resist the execution of
the Territorial laws, and thus in effect subvert by violence all present
constitutional and legal authorit}-; it also appearing that persons resid-
ing without the Territory, but near its borders, contemplate armed inter-
vention in the affairs thereof; it also appearing that other persons,
inhabitants of remote States, are collecting money, engaging men, and
providing arms for the same purpose; and it further appearing that
combinations within the Territory are endeavoring, by the agency of
emissaries and otherwise, to induce individual States of the Union to
interv'ene in the affairs thereof, in violation of the Constitution of the
United States; and

Whereas all such plans for the determination of the future institutions
of the Territory, if carried into action from within the same, will consti-
tute the fact of insurrection, and if from without that of invasive aggres-
sion, and will in either case justify and require the forcible interposition
of the whole power of the General Government, as well to maintain the
laws of the Territory as those of the Union:

Now, therefore, I, Franklin Pierce, President of the United vStates, do
issue this my proclamation to command all persons engaged in unlaw-

Franklin Pierce 391

ful combinations against the constituted authority of the Territory of
Kansas or of the United States to disperse and retire peaceably to their
respective abodes, and to warn all such persons that an}- attempted in-
surrection in said Territory or aggressive intrusion into the same will
be resisted not only by the employment of the local militia, but also by
that of any available forces of the United States, to the end of assuring
immunity from violence and full protection to the persons, property, and
civil rights of all peaceable and law-abiding inhabitants of the Territory.

If, in any part of the Union, the fury of faction or fanaticism, inflamed
into disregard of the great principles of popular sovereignty which,
under the Constitution, are fundamental in the whole structure of our
institutions is to bring on the country the dire calamity of an arbitra-
ment of arms in that Territory, it shall be between lawless violence
on the one side and conserv^ative force on the other, wielded by legal
authority of the General Government.

I call on the citizens, both of adjoining and of distant States, to abstain
from unauthorized intermeddling in the local concerns of the Territory,
admonishing them that its organic law is to be executed with impartial
justice, that all individual acts of illegal interference will incur condign
punishment, and that any endeavor to intervene by organized force will
be firmly withstood.

I invoke all good citizens to promote order by rendering ol)edience to
the law, to seek remedy for temporary evils by peaceful means, to dis-
countenance and repulse the counsels and the instigations of agitators
and of disorganizers, and to testify their attachment to their country,
their pride in its greatness, their appreciation of the blessings they enjoy,
and their determination that republican institutions .shall not fail in their
hands by cooperating to uphold the majesty of the laws and to vindicate
the .sanctity of the Constitution.

In testimony whereof I have hereunto set my hand and cau.sed the
seal of the United States to be affixed to these presents.
r -1 Done at the city of \Va.shington, the i ith day of February,

A. D. 1856, and of the Independence of the United States the
eightieth. FRANKLIN PIERCE.

By the President:

W. L. M.\RCY,

Secretary of State.

Franktjn Pikrck, Prksidknt of thk Unitkd vSt.\tks of Amkrica.
To all 'u'hovi it Jiiay concern:

Whereas by letters patent under the seal of the Ignited vStatcs bearing
date the 2d day of March, A. D. 1^43, the President recognized Antlionx-
Barclay as consul of Her Britannic Majesty at New York and declared
him free to exercise and enjoy such functions, ixjwers, and privileges as

392 Messages and Papers of the Presidents

are allowed to the consuls of the most favored nations, but, for good
and sufficient reasons, it is deemed proper that he should no longer exer-
cise the said functions within the United States:

Now, therefore, be it known that I, Franklin Pierce, President of the
United States of America, do hereby declare that the powers and privi-
leges conferred as aforesaid on the said Anthony Barclay are revoked
and annulled.

In testimony whereof I have caused these letters to be made patent
and the seal of the United States to be hereunto affixed.
p -, Given under my hand, at the city of Washington, the 28th

day of May, A. D. 1856, and of the Independence of the United
States of America the eightieth.

FRANKIvIN PIERCE.
By the President:

W. L,. Marcv, Secretary of State.

Fran iivr Pierce, President of the United States of America.

To all whom it may concer7i:

"V^ereas by letters patent under the seal of the United States bearing
date the 2d day of August, A. D. 1853, the President recognized George
Benvenuto Mathew as consul of Her Britannic Majesty at Philadelphia
and declared him free to exercise and enjoy such functions, powers, and
privileges as are allowed to the consuls of the most favored nations, but,
for good and sufficient reasons, it is deemed proper that he should no
longer exercise the said functions within the United States:

Now, therefore, be it known that I, Franklin Pierce, President of the
United States of America, do hereby declare that the powers and privi-
legej5 conferred as aforesaid on the said George Benvenuto Mathew are
revoked and annulled.

In testimonj^ whereof I have caused these letters to be made patent
and the seal of the United States to be hereunto affixed.
r -1 Given under my hand, at the city of Washington, the 28th

day of May, A. D. 1856, and of the Independence of the United
States of America the eightieth.

FRANKLIN PIERCE.
By the President:

W. ly. Marcy, Secretary of State.

Franklin Pierce, President of the United States op America.

To all whom it may C07ice7-n:

Whereas by letters patent under the seal of the United States bear-
ing date the 17th day of August-, A. D. 1852, the President recognized
Charles Rowcroft as consul of Her Britannic Majesty at Cincinnati and

Frankliii Pierce 393

declared him free to exercise and enjoy such functions, powers, and priv-
ileges as are allowed to the consuls of the most favored nations, but, for
good and sufficient reasons, it is deemed proper that he should no longer
exercise the said functions within the United States:

Now, therefore, be it known that I, Franklin Pierce, President of the
United States of America, do hereby declare that the powers and priv-
ileges conferred as aforesaid on the said Charles Rowcroft are revoked
and annulled.

In testimony whereof I have caused these letters to be made patent
and the seal of the United States to be hereunto affixed,
p -| Given under my hand, at the city of Washington, the 28th

day of May, A. D. 1856, and of the Independence of the United
States of America the eightieth.

FRANKUN PIERCE.
By the President:

W. E. Marcv,

Secretary of State.

By the President of the United State.s of America.

A PROCLAMATION.

Whereas, pursuant to the first article of the treaty between the United
States and the Mexican Republic of the 30th daj' of December, 1853,
the true limits between the territories of the contracting parties were
declared to be as follows:

Retaining the same dividing line between the two Californias as already defined
and established according to the fifth article of the treaty of Guadalupe Hidalgo,
the limits between the two Republics shall be as follows:

Beginning in the Gulf of Mexico 3 leagues from land, opposite the mouth of the
Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo;
thence, as defined in the said article, up the middle of that river to the point where
the parallel of 31° 47' north latitude crosses the same; thence due west 100 miles;
thence south to the parallel of 31° 20' north latitude; thence along the said paral-
lel of 31° 20' to the one hundred and eleventh meridian of longitude west of Green-
wich; thence in a straight line to a point on the Colorado River 20 Huglish miles
below the junction of the Gila and Colorado rivers; thence uj) the middle of the saitl
river Colorado until it intersects the present line between the United States and
Mexico.

And whereas the .said dividing line has Iwscn surveyed, marked out, and
establi.shed by the respective commissioners of the ct)ntracting ])artics,
pursuant to the same article of the said treaty:

Now, therefore, l>e it known that E Franklin Pierce, President of the
United States of America, do hereby declare to all whom it may concern
that the line aforesaid .shall l)e held and considered as the l)oun(lary be-
tween the United States and the Mexican Republic and shall l)e respected
as such by the United States and the citizens thereof.

394 Messages attd Papers of the Presidents

In testimony whereof I have caused the seal of the United States to
be hereunto affixed,
r -1 Given under my hand, at the city of Washington, this 2d

day of June, A. D. 1856, and of the Independence of the United
States the eightieth. FRANKI.IN PIERCE.

By the President:

W. L. Marcy,

Secretary of State.

By the President of the United States of America.

A proclamation.

Whereas whilst hostilities exist with various Indian tribes on the re-
mote frontiers of the United States, and whilst in other respects the
public peace is seriously threatened. Congress has adjourned without
granting necessary supplies for the Army, depriving the Executive of the
power to perform his duty in relation to the common defen.se and secu-
rity, and an extraordinary occasion has thus arisen for assembling the
two Hou.ses of Congress, I do therefore by this my proclamation con-
vene the said Houses to meet in the Capitol, at the city of Washington,
on Thursday, the 21st day of August instant, hereby requiring the
respective Senators and Representatives then and there to assemble to
consult and determine on such measures as the state of the Union may
seem to require.

In testimony whereof I have caused the seal of the United States to
be hereunto affixed and signed the same with my hand,
r -1 Done at the city of Washington, the i8th day of Augu.st,

A. D. 1856, and of the Independence of the United States the
eighty-first. FRANKEIN PIERCE.

By order:

W. E. Marcy,

Secretary of State.

SPECIAL SESSION MESSAGE.

Washington, A^igust 21, 18^6.
Fellow- Citizens of the Senate and Hotise of Representatives:

In consequence of the failure of Congress at its recent ses.sion to make
provision for the support of the Army, it became imperatively incum-
bent on me to exercise the power which the Constitution confers on the
Executive for extraordinary occasions, and promptly to convene the two

Franklin Pierce 395

Houses in order to afford them an opportunity of reconsidering a subject
of such vital interest to the peace and welfare of the Union.

With the exception of a partial authority vested by law in the Secre-
tary of War to contract for the supply of clothing and subsistence, the
Army is wholly dependent on the appropriations annually made hy Con-
gress. The omission of Congress to act in this respect before the termi-
nation of the fiscal j^ear had already caused embarrassments to the service,
which were overcome only in expectation of appropriations before the
close of the present month. If the requisite funds be not speedily pro-
vided, the Executive will no longer be able to furnish the transporta-
tion, equipments, and munitions which are essential to the effectiveness
of a military force in the field. With no provision for the pay of troops
the contracts of enlistment would be broken and the Army must in effect
be disbanded, the consequences of which would be so disastrous as to
demand all possible efforts to avert the calamity.

It is not merely that the officers and enlisted men of the Army are to
be thus deprived of the pay and emoluments to which they are entitled
by standing laws; that the construction of arms at the public armories,
the repair and construction of ordnance at the arsenals, and the manu-
facture of military clothing and camp equipage must be discontinued,
and the persons connected with this branch of the public service thus be
deprived suddenly of the employment essential to their subsistence; nor
is it merely the waste consequent on the forced abandonment of the sea-
board fortifications and of the interior militarj' posts and other estal)lish-
ments, and the enormous expense of recruiting and reorganizing the
Army and again distributing it over the vast regions which it now occu-
pies. These are evils which may, it is true, be repaired hereafter by taxes
imposed on the country; but other evils are involved, which no expendi-
tures, however lavish, could remedy, in comparison with which local and
personal injuries or interests sink into insignificance.

A great part of the Army is situated on the remote frontier or in the
deserts and mountains of the interior. To discharge large bodies of men
in such places without the means of regaining their homes, and where
few, if any, could obtain subsistence by honest industry, would lie to
subject them to suffering and temptation, with disregard of justice and
right most derogatory to the Government.

In the Territories of Washington and Oregon numerous bands of
Indians are in arms and are waging a war of extermination against
the white inhabitants; and although our troops are actively carrying
on the campaign, we have no intelligence as yet of a successful result.
On theWe.steni plains, notwithstanding the imjxising dis]ilay of military
force recently made there and the chasti.sement inflicted on the rebellicnis
tribes, others, far from being dismayed, have manifested hostile intentions
and been guilty of outrages which, if not designed to provoke a conflict,
serve to show that the apprehension of it is insufficient wholly to restrain

396 Messages and Papers of the Presidents

their vicious propensities. A strong force in the State of Texas has pro-
duced a temporary suspension of hostilities there, but in New Mexico in-
cessant activity on the part of the troops is required to keep in check the
marauding tribes which infest that Territory. The hostile Indians have
not been removed from the State of Florida, and the withdrawal of the
troops therefrom, leaving that object unaccomplished, would be most in-
jurious to the inhabitants and a breach of the positive engagement of the
General Government.

To refuse supplies to the Army, therefore, is to compel the complete
cessation of all its operations and its practical disbandment, and thus to
invite hordes of predatorj- savages from the Western plains and the Rocky
Mountains to spread devastation along a frontier of more than 4,000
miles in extent and to deliver up the sparse population of a vast tract of
country to rapine and murder.

Such, in substance, would be the direct and immediate effects of the
refusal of Congress, for the first time in the historj^ of the Government,
to grant supplies for the maintenance of the Army — the inevitable waste
of millions of public treasure; the infliction of extreme wrong upon all
persons connected with the military establishment by service, employ-
ment, or contracts; the recall of our forces from the field; the fearful
sacrifice of life and incalculable destruction of property on the remote
frontiers; the striking of our national flag on the battlements of the
fortresses which defend our maritime cities against foreign invasion;
the violation of the public honor and good faith, and the discredit of the
United States in the eyes of the civilized world.

I confidently trust that these considerations, and others appertaining
to the domestic peace of the country which can not fail to suggest them-
selves to every patriotic mind, will on reflection be duly appreciated by
both Houses of Congress and induce the enactment of the requisite pro-
visions of law for the support of the Army of the United States.

FRANKLIN PIERCE.

SPECIAL iMESSAGE.

ExKCUTivE Office,
Washiiii^ton^ August 21 , 18^6.

To the Senate and Hojise of Represcjitatives:

I transmit herewith a letter from the Secretary of War, in relation
to the balances remaining in the Treasury from the last appropriation
for the support of the Army.

.FRANKLIN PIERCE.

Franklin Pierce 397

FOURTH ANNUAL IVIESSAGE.

Washington, December 2, 1856.
Fcllo-tv-Citizens of the Senate ajid of the House of Representatives:

The Constitution requires that the President shall from time to time
not only recommend to the consideration of Congress such measures as
he may judge necessary and expedient, but also that he shall give infor-
mation to them of the state of the Union. To do this fully involves ex-
position of all matters in the actual condition of the country, domestic
or foreign, which essentially concern the general welfare. While per-
forming his constitutional duty in this respect, the President does not
speak merely to express personal con\'ictions, but as the executive min-
ister of the Government, enabled by his position and called upon by his
ofl&cial obligations to scan with an impartial e\'e the interests of the
whole and of every part of the United States.

Of the condition of the domestic interests of the Union — its agriculture,
mines, manufactures, navigation, and commerce — it is necessary only to
say that the internal prosperity of the countrj^ its continuous and steady
advancement in wealth and population and in private as well as public
well-being, attest the wisdom of our institutions and the predominant
spirit of intelligence and patriotism which, notwithstanding occasional
irregularities of opinion or action resulting from popular freedom, has
distinguished and characterized the people of America.

In the brief interval between the termination of the last and the com-
mencement of the present session of Congress the public mind has been
occupied with the care of selecting for another constitutional term the
President and Vice-President of the United States.

The determination of the persons who are of right, or contingently, to
preside over the administration of the Government is under our system
committed to the States and the j^eople. We appeal to them, by their
voice pronounced in the forms of law, to call whomsoever the_\' will to
the high post of Chief Magistrate.

And thus it is that as the Senators represent tlic resjicctive States of
the Union and the members of the House of Representatives the several
con.stituencies of each State, so the President represents the aggregate
j-K^pulation of the United States. Their election of him is the explicit
and solemn act of the sole sovereign authority of the Union.

It is impossible to misapprehend the great principles which h\ their
recent political action the people of the United States have sanctioned
and aimounced.

They have asserted the constitutional equality of each and all of the
States of the Union as States; they have affirmed the constitutional

398 Messages and Papers of the Pt-esidenis

equality of each and all of the citizens of the United States as citizens,
whatever their religion, wherever their birth or their residence; they
have maintained the inviolability of the constitutional rights of the dif-
ferent sections of the Union, and they have proclaimed their devoted
and unalterable attachment to the Union and to the Constitution, as
objects of interest superior to all subjects of local or sectional contro-
versy, as the safeguard of the rights of all, as the spirit and the essence
of the liberty, peace, and greatness of the Republic.

In doing this the}' have at the same time emphatically condemned the
idea of organizing in these United States mere geographical parties, of
marshaling in hostile array toward each other the different parts of the
country, North or South, East or West.

Schemes of this nature, fraught with incalculable mischief, and which
the considerate sense of the people has rejected, could have had counte-
nance in no part of the country had they not been disguised by sugges-
tions plausible in appearance, acting upon an excited state of the public
mind, induced by causes temporary- in their character and, it is to be
hoped, transient in their influence.

Perfect liberty of association for political objects and the widest scope
of discussion are the received and ordinary conditions of government in
our country. Our institutions, framed in the spirit of confidence in the
intelligence and integrity of the people, do not forbid citizens, either indi-
vidually or associated together, to attack bj^ writing, speech, or any other
methods .short of physical force the Constitution and the very existence
of the Union. Under the shelter of this great liberty, and protected by
tlie laws and usages of the Government they assail, associations have
been formed in some of the States of individuals who, pretending to seek
only to prevent the spread of the institution of slavery into the present
or future inchoate States of the Union, are really inflamed with desire
to change the domestic institutions of existing States. To accomplish
their objects they dedicate themselves to the odious task of depreciating
the government organization which stands in their way and of calum-
niating with indiscriminate invective not only the citizens of particular
States with whose laws they find fault, but all others of their fellow-
citizens throughout the country who do not participate with them in
their assaults upon the Constitution, framed and adopted by our fathers,
and claiming for the privileges it has secured and the blessings it has
conferred the steady .support and grateful reverence of their children.
They seek an object which thej' well know to be a revolutionar}^ one.
The}' are perfectly aware that the change in the relative condition of the
white and black races in the slaveholding States which they would pro-
mote is beyond their lawful authority; that to them it is a foreign
object; that it can not be effected by any peaceful in.strumentality of
theirs; that for them and the States of which they are citizens the only
path to its accomplishment is through burning cities, and ravaged fields,

Franklin Pierce 399

and slaughtered populations, and all there is most terrible in foreign
complicated with civil and servile war; and that the first step in the
attempt is the forcible disruption of a countr>' embracing in its broad
bosom a degree of liberty and an amount of individual and public pros-
perity to which there is no parallel in history, and substituting in its
place hostile governments, driven at once and inevitably into mutual
devastation and fratricidal carnage, transforming the now peaceful and
felicitous brotherhood into a vast permanent camp of armed men like
the rival monarchies of Europe and Asia. Well knowing that such, and
such only, are the means and the consequences of their plans and pur-
poses, they endeavor to prepare the people of the United States for civil
war by doing everything in their power to deprive the Constitution and
the laws of moral authority and to undermine the fabric of the Union
by appeals to passion and sectional prejudice, by indoctrinating its peo-
ple with reciprocal hatred, and by educating them to stand face to face
as enemies, rather than shoulder to shoulder as friends.

It is by the agency of such unwarrantable interference, foreign and
domestic, that the minds of many otherwise good citizens have been so
inflamed into the passionate condemnation of the domestic institutions
of the Southern States as at length to pass insensibly to almost equally
passionate hostility toward their fellow-citizens of those States, and thus
finally to fall into temporary fellowship with the avowed and active
enemies of the Constitution. Ardently attached to liberty in the ab-
stract, they do not stop to consider practically how the olijects they would
attain can be accomplished, nor to reflect that, even if the evil were as
great as they deem it, they have no remedy to apply, and that it can be
only aggravated by their violence and unconstitutional action. A ques-
tion which is one of the most difficult of all the problems of social in-
stitution, political economy, and statesmanship they treat with unreason-
ing intemperance of thought and language. Extremes beget extremes.
Violent attack from the North finds its inevitable consequence in the
growth of a spirit of angry defiance at the South. Thus in the prog-
ress of events we had reached that consimimation, whicli the voice of
the people has now so ix)intedly relinked, of the attempt of a portion
of the States, by a sectional organization and movement, to usurp tlie con-
trol of the Government of the United States.

I confidently believe that the great body of those who inconsiderately
took this fatal step arc sincerely attached to the Con.stitution and the
Union. They would upon deliberation shrink with iniaffected horror
from any conscious act of disunion or civil war. But they have entered
into a path which leads nowhere unless it be to civil war and disunion,
and which has no other possible outlet. They have ])r(oceeded thus far
in that direction in con.sequence of the .successive .stages of their ])rogrcss
having consi.sted of a .series of .secondary is.sues, each of which professed to
be confined within constitutional and {Hiaceful limits, but which attenqited

400 Messages and Papers of the Presidents

indirectly what few men were willing to do directly; that is, to act aggres-
sively against the constitutional rights of nearly one-half of the thirty-one
States.

In the long series of acts of indirect aggression, the first was the stren-
uous agitation by citizens of the Northern States, in Congress and out of
it, of the question of negro emancipation in the Southern States.

The second step in this path of evil consisted of acts of the people of
the Northern States, and in several instances of their governments, aimed
to facilitate the escape of persons held to service in the Southern States
and to prevent their extradition when reclaimed according to law and
in virtue of express provisions of the Constitution. To promote this
object, legislative enactments and other means were adopted to take away
or defeat rights which the Constitution solemnly guaranteed. In order
to nullify the then existing act of Congress concerning the extradition of
fugitives from service, laws were enacted in many States forbidding their
officers, under the severest penalties, to participate in the execution of
any act of Congress whatever. In this way that system of harmonious
cooperation between the authorities of the United States and of the sev-
eral States, for the maintenance of their common institutions, which
existed in the early years of the Republic was destroyed; conflicts of
jurisdiction came to be frequent, and Congress found itself compelled,
for the support of the Constitution and the vindication of its power, to
authorize the appointment of new officers charged with the execution
of its acts, as if they and the ofiicers of the States were the ministers,
respectively, of foreign governments in a state of mutual hostility ratjier
than fellow-magistrates of a common country peacefully subsisting under
the protection of one well-constituted Union. Thus here also aggression
was followed by reaction, and the attacks upon the Constitution at this
point did but serve to raise up new barriers for its defense and security.

The third stage of this unhappy sectional controversy^ was in connec-
tion with the organization of Territorial governments and the admission
of new States into the Union. When it was proposed to admit the State
of Maine, by separation of territory from that of Massachusetts, and the
State of Missouri, formed of a portion of the territory ceded b}^ France to
the United States, representatives in Congress objected to the admission
of the latter unless with conditions suited to particular views of public
policy. The imposition of such a condition was successfully resisted; but
at the same period the question was presented of imposing restrictions
upon the residue of the territory ceded by France. That question was for
the time disposed of b}' the adoption of a geographical line of limitation.

In this connection it should not be forgotten that when France, of her
own accord, resolved, for considerations of the most far-sighted sagacity,
to cede Louisiana to the United States, and that accession was accepted by
the United States, the latter expressly engaged that ' ' the inhabitants
of the ceded territory shall be incorporated in the Union of the United

Franklin Pierce 401

States and admitted as soon as possible, according to the principles of
the Federal Constitution, to the enjoyment of all the rights, advantages,
and immunities of citizens of the United States; and in the meantime
they shall be maintained and protected in the free enjoyment of their
liberty, property, and the religion which they profess;" that is to say,
while it remains in a Territorial condition its inhabitants are maintained
and protected in the free enjoyment of their liberty and property, with a
right then to pass into the condition of States on a footing of perfect
equality with the original States.

The enactment which established the restrictive geographical line
was acquiesced in rather than approved by the States of the Union. It
stood on the statute book, however, for a number of years; and the
people of the respective States acquiesced in the reenactment of the prin-
ciple as applied to the State of Texas, and it was proposed to acquiesce
in its further application to the territory acquired by the United States
from Mexico. But this proposition was successfully resisted by the rep-
resentatives from the Northern States, who, regardless of the statute line,
insisted upon applying restriction to the new territory generally, whether
lying north or south of it, thereby repealing it as a legislative compro-
mise, and, on the part of the North, persistently violating the compact,
if compact there was.

Thereupon this enactment ceased to have binding virtue in any sense,
whether as respects the North or the South, and so in effect it was treated
on the occasion of the admission of the State of California and the organ-
ization of the Territories of New Mexico, Utah, and Washington.

Such was the state of this question when the time arrived for the or-
ganization of the Territories of Kansas and Nebraska. In the progress
of constitutional inquiry and reflection it had now at length come to be
seen clearlj' that Congress does not possess constitutional power to im-
pose restrictions of this character upon any present or future State of the
Union. In a long series of decisions, on the fullest argument and after
the most deliberate consideration, the Supreme Court of the United States
had finally determined this point in every form under which the question
could arise, whether as affecting public or private rights — in questions of
the public domain, of religion, of navigation, and of servitude.

The several States of the Union are by force of the Constitution co-
equal in domestic legislative power. Congress can not change a law of
domestic relation in the State of Maine; no more can it in the Slate
of Missouri. Any statute which proposes to do this is a mere nullity; it
takes away no right, it confers none. If it remains on the statute book
unrepealed, it remains there only as a monument of error and a beacon
of warning to the legislator and the statesman. To rejx^al it will be only
to remove imperfection from the statutes, without affecting, either in the
sense of permission or of prohibition, the action of the .States or of their
citizens.

M P — vol. V — 26

402 Messages and Papers of the Presidents

Still, when the nominal restriction of this nature, already a dead letter
in law, was in terms repealed by the last Congress, in a clause of the act
organizing the Territories of Kansas and Nebraska, that repeal was made
the occasion of a widespread and dangerous agitation.

It was alleged that the original enactment being a compact of perpetual
moral obligation, its repeal constituted an odious breach of faith.

An act of Congress, while it remains unrepealed, more especially if it
be constitutionally valid in the judgment of those public functionaries
whose duty it is to pronounce on that point, is undoubtedly binding on
the conscience of each good citizen of the Republic. But in what sense
can it be asserted that the enactment in question was invested with
perpetuity and entitled to the respect of a solemn compact? Between
whom w^as the compact? No distinct contending powers of the Govern-
ment, no separate sections of the Union treating as such, entered into
treaty stipulations on the subject. It was a mere clause of an act of
Congress, and, like au)^ other controverted matter of legislation, received
its final shape and was passed by compromise of the conflicting opinions
or sentiments of the members of Congress. But if it had moral authority
over men's consciences, to whom did this authority attach? Not to those
of the North, who had repeatedh^ refused to confirm it by extension and
who had zealously striven to establish other and incompatible regulations
upon the subject. And if, as it thus appears, the supposed compact had
no obligatory force as to the North, of course it could not have had any
as to the South, for all such compacts must be mutual and of reciprocal
obligation.

It has not unfrequently happened that lawgivers, with undue estima-
tion of the value of the law they give or in the view of imparting to
it peculiar strength, make it perpetual in terms; but they can not thus
bind the conscience, the judgment, and the will of those who may suc-
ceed them, invested with similar responsibilities and clothed with equal
authority. More careful investigation ma}^ prove the law to be unsound
in principle. Experience ma}- show it to be imperfect in detail and im-
practicable in execution. And then both reason and right combine not
merely to justify but to require its repeal.

The Constitution, supreme, as it is, over all the departments of the
Government — legislative, executive, and judicial — is open to amendment
by its very terms; and Congress or the States maj', in their discretion,
propose amendment to it, solemn compact though it in truth is between
the sovereign States of the Union. In the present instance a political
enactment which had ceased to have legal power or authority of an}' kind
was repealed. The position assumed that Congress had no moral right
to enact such repeal was strange enough, and singularly so in view of
the fact that the argument came from those who openly refused obedi-
ence to existing laws of the land, having the same popular designation
and quality as compromise acts; nay, more, who unequivocally disre-

Franklin Pierce 403

garded and condemned the most positive and obligatory injunctions of
the Constitution itself, and sought by every means within their reach
to deprive a portion of their fellow-citizens of the equal enjoyment of
those rights and privileges guaranteed alike to all by the fundamental
compact of our Union.

This argument against the repeal of the statute line in question was
accompanied by another of congenial character and equally with the
former destitute of foundation in reason and truth. It was imputed that
the measure originated in the conception of extending the limits of slave
labor beyond those previously assigned to it, and that such was its nat-
ural as well as intended effect; and these baseless assumptions were made,
in the Northern States, the ground of unceasing assault upon constitu-
tional right.

The repeal in terms of a statute, which was already obsolete and also
null for unconstitutionality, could have no influence to obstruct or to
promote the propagation of conflicting views of political or social institu-
tion. When the act organizing the Territories of Kansas and Nebraska
was passed, the inherent effect upon that portion of the public domain
thus opened to legal settlement was to admit settlers from all the States
of the Union alike, each with his convictions of public policy and private
interest, there to found, in their discretion, subject to such limitations as
the Constitution and acts of Congress might prescribe, new States, here-
after to be admitted into the Union. It was a free field, open alike to
all, whether the statute line of assumed restriction were repealed or not.
That repeal did not open to free competition of the diverse opinions and
domestic institutions a field which without such repeal would have been
closed against them; it found that field of competition already opened,
in fact and in law. All the repeal did was to relieve the statute book of
an objectionable enactment, unconstitutional in effect and injurious in
terms to a large portion of the States.

Is it the fact that in all the unsettled regions of the United States, if
emigration be left free to act in this respect for itself, without legal pro-
hibitions on either side, slave labor will spontaneously go everywhere in
preference to free labor? Is it the fact that the peculiar domestic insti-
tutions of the Southern States possess relatively so nuich of vigor that
wheresoever an avenue is freely opened to all the world they will penetrate
to the exclusion of those of the Northern States? Is it the fact that the
former enjoy, compared with the latter, such irresistibly superior vitality,
independent of climate, soil, and all other accidental circum.stances, as to
be able to produce the supposed result in spite of the assumed moral and
natural obstacles to its accomplishment and of the more numerous popu-
lation of the Northern States?

The argument of those who advocate the enactment of new laws of
restriction and condenni the re|X'al of old ones in effect avers tliat their
particular views of government have no self-extending or self-sustaining

404 Messages and Papers of the Presidents

power of their own, and will go nowhere unless forced by act of Congress.
And if Congress do but pause for a moment in the policy of stern coer-
cion; if it venture to try the experiment of leaving men to judge for
themselves what institutions will best suit them; if it be not vStrained
up to perpetual legislative exertion on this point — if Congress proceed
thus to act in the very spirit of liberty, it is at once charged with aim-
ing to extend slave labor into all the new Territories of the United
States.

Of course these imputations on the intentions of Congress in this
respect, conceived, as they were, in prejudice and disseminated in pas-
sion, are utterly destitute of any justification in the nature of things and
contrary to all the fundamental doctrines and principles of civil liberty
and self-government.

While, therefore, in general, the people of the Northern States have
never at any time arrogated for the Federal Government the power to
interfere directly with the domestic condition of persons in the Southern
States, but, on the contrary, have disavowed all such intentions and hav^e
shrunk from conspicuous affiliation with those few who pursue their
fanatical objects avowedly through the contemplated means of revolu-
tionary change of the Government and with acceptance of the necessary
consequences — a civil and servile war — yet many citizens have suffered
themselves to be drawn into one evanescent political issue of agitation
after another, appertaining to the same set of opinions, and which subsided
as rapidly as they arose when it came to be seen, as it uniformly did,
that they were incompatible with the compacts of the Constitution and
the existence of the Union. Thus when the acts of some of the States
to nullify the existing extradition law imposed upon Congress the duty
of passing a new one, the country was invited by agitators to enter into
party organization for its repeal; but that agitation speedily ceased by
reason of the impracticability of its object. So when the statute restric-
tion upon the institutions of new States b}^ a geographical line had been
repealed, the country was urged to demand its restoration, and that proj-
ect also died almost with its birth. Then followed the cry of alarm from
the North against imputed Southern encroachments, which cry sprang in
reality from the spirit of revolutionary attack on the domestic institutions
of the South, and, after a troubled existence of a few months, has been
rebuked by the voice of a patriotic people.

Of this last agitation, one lamentable feature was that it was carried on
at the immediate expense of the peace and happiness of the people of the
Territory of Kansas. That was made the battlefield, not so much of op-
posing factions or interests within itself as of the conflicting passions of
the whole people of the United States. Revolutionary disorder in Kansas
had its origin in projects of intervention deliberately arranged by certain
members of that Congress which enacted the law for the organization of
the Territory; and when propagandist colonization of Kansas had thus

Franklin Pierce 405

been undertaken in one section of the Union for the systematic promotion
of its peculiar views of pohcy there ensued as a matter of course a coun-
teraction with opposite views in other sections of the Union.

In consequence of these and other incidents, many acts of disorder, it
is undeniable, have been perpetrated in Kansas, to the occasional inter-
ruption rather than the permanent suspension of regular government.
Aggressive and most reprehensible incursions into the Territory were
undertaken both in the North and the South, and entered it on its north-
em border by the way of Iowa, as well as on the eastern by way of
Missouri; and there has existed within it a state of insurrection against
the constituted authorities, not without countenance from inconsiderate
persons in each of the great sections of the Union. But the difficulties
in that Territory have been extravagantly exaggerated for purposes of
political agitation elsewhere. The number and gravity of the acts of vio-
lence have been magnified partly by statements entirely untrue and
partly by reiterated accounts of the same rumors or facts. Thus the
Territory has been seemingly filled with extreme violence, when the whole
amount of such acts has not been greater than what occasionally passes
before us in single cities to the regret of all good citizens, but without
being regarded as of general or permanent political consequence.

Imputed irregularities in the elections had in Kansas, like occasional
irregularities of the same description in the States, were beyond the sphere
of action of the Executive. But incidents of actual violence or of organ-
ized obstruction of law, pertinaciously renewed from time to time, have
been met as they occurred by such means as were available and as the
circumstances required, and nothing of this character now remains to
aflfect the general peace of the Union. The attempt of a part of the
inhabitants of the Territory to erect a revolutionary government, though
sedulously encouraged and supplied with pecuniary aid from active agents
of disorder in some of the States, has completely failed. Bodies of armed
men, foreign to the Territory, have been prevented from entering or com-
pelled to leave it; predatory^ bands, engaged in acts of rapine under
cover of the existing political disturbances, have Ijeen arrested or dis-
persed, and every well-disposed person is now enal^led once more to
devote himself in peace to the pursuits of prosperous industry, for the
prosecution of which he undertook to participate in the settlement of
the Territory.

It affords me unmingled satisfaction thus to announce the peaceful
condition of things in Kansas, especially considering the means to whicli
it was necessary to have recourse for the attaiinnent of the end, namely,
the employment of a part of the military force of the United States.
The withdrawal of that force from its proper dut>- of defending the
country against foreign foes or the savages of tlie frontier to emjiloy
it for the suppression of domestic insurrection is, when the exij;ency
occurs, a matter of the most earnest solicitude. On this occasion of

4o6 Messages and Papers of the Presidents

imperative necessity it has been done with the best results, and my
satisfaction in the attainment of such resuks by such means is greatly
enhanced by the consideration that, through the wisdom and energy of
the present executive of Kansas and the prudence, firmness, and vigi-
lance of the military officers on duty there tranquillity has been restored
without one drop of blood having been shed in its accomplishment by
the forces of the United States.

The restoration of comparative tranquillity in that Territory furnishes
the means of observing calmly and appreciating at their just value the
events which have occurred there and the discussions of which the gov-
ernment of the Territorj' has been the subject.

"We perceive that controversy concerning its future domestic institu-
tions was inevitable; that no human prudence, no form of legislation, no
wisdom on the part of Congress, could have prevented it.

It is idle to suppose that the particular provisions of their organic law
were the cause of agitation. Those provisions were but the occasion, or
the pretext, of an agitation which was inherent in the nature of things.
Congress legislated upon the subject in such terms as were most conso-
nant with the principle of popular sovereignty which underlies our Gov-
ernment. It could not have legislated otherwise without doing violence
to another great principle of our institutions — the imprescriptible right
of equality of the several States.

We perceive also that sectional interests and party passions have been
the great impediment to the salutary operation of the organic principles
adopted and the chief cause of the successive disturbances in Kansas.
The assumption that because in the organization of the Territories of
Nebraska and Kansas Congress abstained from imposing restraints upon
them to which certain other Territories had been subject, therefore dis-
orders occurred in the latter Territory, is emphatically contradicted by
the fact that none have occurred in the former. Those disorders were
not the consequence, in Kansas, of the freedom of self-government con-
ceded to that Territory by Congress, but of unjust interference on the
part of persons not inhabitants of the Territory. Such interference,
wherever it has exhibited itself by acts of insurrectionary character or
of obstruction to process of law, has been repelled or suppressed by all
the means which the Constitution and the laws place in the hands of the
Executive.

In those parts of the United States where, by reason of the inflamed
state of the public mind, false rumors and misrepresentations have the
greatest currency it has been assumed that it was the duty of the Execu-
tive not only to suppress insurrectionary movements in Kansas, but also
to see to the regularity of local elections. It needs little argument to
show that the President has no such power. All government in the
United States rests substantially upon popular election. The freedom
of elections is liable to be impaired by the intrusion of unlawful votes

Franklin Pierce 407

or the exclusion of lawful ones, by improper influences, b}' violence, or
by fraud. But the people of the United States are themselves the all-
sufficient guardians of their own rights, and to suppose that they will
not remedy in due season any such incidents of civil freedom is to sup-
pose them to have ceased to be capable of self-government. The Presi-
dent of the United States has not power to interpose in elections, to see
to their freedom, to canvass their votes, or to pass upon their legality in
the Territories any more than in the States. If he had such power the
Government might be republican in form, but it would be a monarchy in
fact; and if he had undertaken to exercise it in the case of Kansas he
would have been justly subject to the charge of usurpation and of viola-
tion of the dearest rights of the people of the United States.

Unwise laws, equally with irregularities at elections, are in periods of
great excitement the occasional incidents of even the freest and best polit-
ical institutions; but all experience demonstrates that in a country' like
ours, where the right of self -constitution exists in the completest form,
the attempt to remedy- unwise legislation by resort to revolution is totally
out of place, inasmuch as existing legal institutions afford more prompt
and efficacious means for the redress of wrong.

I confidently trust that now, when the peaceful condition of Kansas
affords opportunity for calm reflection and wise legislation, either the
legislative assembly of the Territory or Congress will see that no act
shall remain on its statute book violative of the provisions of the Consti-
tution or subversive of the great objects for which that was ordained and
established, and will take all other necessary steps to assure to its inhab-
itants the enjoyment, without obstruction or abridgment, of all the
constitutional rights, privileges, and immunities of citizens of the United
States, as contemplated by the organic law of the Territory.

Full information in relation to recent events in this Territory will be
found in the documents communicated herewith from the Departments
of State and War.

I refer you to the report of the Secretary of the Treasury for partic-
ular information concerning the financial condition of the Govennnent
and the various branches of the public service connected with the Treas-
ury Department.

During the last fiscal year the receipts from customs were for the first
time more than $64,000,000, and from all sources $73,918,141, which,
with the balance on hand up to the ist of July, 1855, made the total
resources of the year amount to $92,850, 117. The exj^enditures, inchul-
i"g $3,000,000 in execution of the treaty with Mexico and exchuliiig
sums paid on account of the public debt, amounted to $60,172,401, and
including the latter to $72,948,792, the payment on this account having
amounted to $12,776,390.

On the 4th of March, 1853, the amount of the public debt was $69,-
129,937. There was a subsequent increase of $2,750,000 for the debt of

4o8 Messages and Papers of the Presidents

Texas, making a total of $71,879,937. Of this the sum of $45,525,319,
including premium, has been discharged, reducing the debt to $30,963,-
909, all which might be paid within a year without embarrassing the
public service, but being not yet due and only redeemable at the option
of the holder, can not be pressed to payment by the Government.

On examining the expenditures of the last five years it will be seen
that the average, deducting payments on account of the public debt and
$10,000,000 paid by treaty to Mexico, has been but about $48,000,000.
It is believed that under an economical administration of the Government
the average expenditure for the ensuing five years will not exceed that
sum, unless extraordinary occasion for its increase should occur. The
acts granting bount}' lands will soon have been executed, while the ex-
tension of our frontier settlements will cause a continued demand for
lands and augmented receipts, probably, from that source. These con-
siderations will justify a reduction of the revenue from customs so as
not to exceed forty-eight or fifty million dollars. I think the exigency
for such reduction is imperative, and again urge it upon the considera-
tion of Congress.

The amount of reduction, as well as the manner of effecting it, are
questions of great and general interest, it being essential to industrial
enterprise and the public prosperity, as well as the dictate of obvious
justice, that the burden of taxation be made to rest as equally as pos-
sible upon all classes and all sections and interests of the country.

I have heretofore recommended to j-our consideration the revision of
the revenue laws, prepared under the direction of the Secretary of the
Treasury, and also legislation upon some special questions affecting
the business of that Department, more especially the enactment of a law
to punish the abstraction of oflScial books or papers from the files of the
Government and requiring all such books and papers and all other
public property to be turned over by the outgoing officer to his succes-
sor; of a law requiring disbursing officers to deposit all public money in
the vaults of the Treasury or in other legal depositories, where the same
are conveniently accessible, and a law to extend existing penal provi-
sions to all persons who may become possessed of public money by
deposit or otherwise and who shall refuse or neglect on due demand to
pay the same into the Treasur>^ I invite your attention anew to each
of these objects.

The Army during the past j^ear has been so constantly employed
against hostile Indians in various quarters that it can scarcely be said,
with propriety of language, to have been a peace establishment. Its
duties have been satisfactorily performed, and we have reason to expect
as a result of the year's operations greater security to the frontier inhab-
itants than has been hitherto enjoyed. Extensive combinations among
the hostile Indians of the Territories of Washington and Oregon at one
time threatened the devastation of the newly formed settlements of that

Franklin Pierce 409

remote portion of the country. From recent information we are per-
mitted to hope that the energetic and successful operations conducted
there will prevent such combinations in future and secure to those Ter-
ritories an opportunity to make steady progress in the development of
their agricultural and mineral resources.

L,egislation has been recommended by me on previous occasions to
cure defects in the existing organization and to increase the efficiency
of the Army, and further observation has but served to confirm me in the
views then expressed and to enforce on my mind the conviction that
such measures are not only proper, but necessary.

I have, in addition, to invite the attention of Congress to a change of
policy in the distribution of troops and to the necessity of providing
a more rapid increase of the military armament. For details of these
and other subjects relating to the Army I refer to the report of the
Secretary of War.

The condition of the Navy is not merely satisfactory, but exhibits
the most gratifying evidences of increased vigor. As it is comparatively
small, it is more important that it should be as complete as possible in
all the elements of strength; that it should be efficient in the character
of its officers, in the zeal and discipline of its men, in the reliability of
its ordnance, and in the capacity of its ships. In all these various quali-
ties the Navy has made great progress within the last few years. The
execution of the law of Congress of February 28, 1855, "to promote the
efficiency of the Navy," has been attended by the most advantageous
results. The law for promoting discipline among the men is found con-
venient and salutary. The system of granting an honorable discharge
to faithful seamen on the expiration of the period of their enlistment
and permitting them to reenlist after a leave of absence of a few months
without cessation of pay is highly beneficial in its influence. The ap-
prentice system recently adopted is evidently destined to incorporate
into the service a large numljer of our countrymen, hitherto so difficult
to procure. Several hundred American boys are now on a three years'
cruise in our national vessels and will return well-trained seamen. In
the Ordnance Department there is a decided and gratifying indication of
progress, creditable to it and to the country. The suggestions of the
Secretary of the Navy in regard to further improvement in that branch
of the service I commend to your favorable action.

The new frigates ordered by Congress are now afloat and two of them
in active service. They are suj)erior models of naval architecture, and
with their formidable battery add largely to public strength and sccuritw
I concur in the views expressed by the Secretary of the Department in
favor of a still further increase of our naval force.

The report of the Secretary of the Interior presents facts and views
in relation to internal affairs over which the supervision of his Depart-
ment extends of much interest and importance.

4IO Messages and Papers of the Presidents

The aggregate sales of the pubhc lands during the last fiscal year
amount to 9,227,878 acres, for which has been received the sum of
$8,821,414. During the same period there have been located with mili-
tary scrip and land warrants and for other purposes 30,100,230 acres,
thus making a total aggregate of 39,328, 108 acres. On the 30th of Sep-
tember last survej'S had been made of 16,873,699 acres, a large proportion
of which is ready for market.

The suggestions in this report in regard to the complication and pro-
gressive expansion of the business of the different bureaus of the Depart-
ment, to the pension system, to the colonization of Indian tribes, and
the recommendations in relation to various improvements in the District
of Columbia are especially commended to your consideration.

The report of the Postmaster-General presents fully the condition of
that Department of the Government. Its expenditures for the last fiscal
year were $10,407,868 and its gross receipts $7,620,801, making an ex-
cess of expenditure over receipts of $2,787,046. The deficiency of this
Department is thus $744,000 greater than for the year ending June 30,

1853. Of this deficienc}^ $330,000 is to be attributed to the additional
compensation allowed to postmasters by the act of Congress of June 22,

1854. The mail facilities in ever)' part of the country have been verj^
much increased in that period, and the large addition of railroad ser\-ice,
amounting to 7,908 miles, has added largely to the cost of transportation.

The inconsiderable augmentation of the income of the Post-Office De-
partment under the reduced rates of postage and its increasing expendi-
tures must for the present make it dependent to some extent upon the
Treasury for support. The recommendations of the Postmaster- General
in relation to the abolition of the franking privilege and his views on the
establishment of mail steamship lines deserve the consideration of Con-
gress. I also call the special attention of Congress to the statement of
the Postmaster- General respecting the sums now paid for the transporta-
tion of mails to the Panama Railroad Company, and commend to their
early and favorable consideration the suggestions of that officer in rela-
tion to new contracts for mail transportation upon that route, and also
upon the Tehuantepec and Nicaragua routes.

The United States continue in the enjoyment of amicable relations
with all foreign powers.

When my last annual message was transmitted to Congress two sub-
jects of controversy, one relating to the enlistment of soldiers in this
country for foreign service and the other to Central America, threatened
to disturb the good understanding between the United States and Great
Britain. Of the progress and termination of the former question j'ou
were informed at the time, and the other is now in the way of satisfac-
tory adjustment.

The object of the convention between the United States and Great
Britain of the 19th of April, 1850, was to secure for the benefit of all

Pra?tkltn Fierce 411

nations the neutrality and the common use of any transit way or inter-
oceanic communication across the Isthmus of Panama which might be
opened within the hmits of Central America. The pretensions subse-
quently asserted by Great Britain to dominion or control over territories
in or near two of the routes, those of Nicaragua and Honduras, were
deemed by the United States not merely incompatible with the main
object of the treaty, but opposed even to its express stipulations. Occa-
sion of controversy on this point has been removed by an additional treat}-,
which our minister at lyondon has concluded, and which will be immedi-
ately submitted to the Senate for its consideration. Should the proposed
supplemental arrangement be concurred in by all the parties to be affected
by it, the objects contemplated by the original convention will have been
fully attained.

The treaty between the United States and Great Britain of the 5th of
June, 1854, which went into effective operation in 1855, put an end to
causes of irritation between the two countries, by securing to the ITnited
States the right of fishery on the coast of the British North American
Provinces, with advantages equal to those enjoyed by British subjects.
Besides the signal benefits of this treaty to a large class of our citizens
engaged in a pursuit connected to no inconsiderable degree with our na-
tional prosperity and strength, it has had a favorable effect upon other
interests in the provision it made for reciprocal freedom of trade between
the United States and the British Provinces in America.

The exports of domestic articles to those Provinces during the last year
amounted to more than $22,000,000, exceeding those of the preceding
year by nearly $7,000,000; and the imports therefrom during the same
period amounted to more than twenty-one million, an increase of six
million upon those of the previous year.

The improved condition of this branch of our commerce is mainly
attributable to the above-mentioned treaty.

Provision was made in the first article of that treaty for a commission
to designate the mouths of rivers to which the common right of fishery
on the coast of the United States and the British Provinces was not to
extend. This commission has been employed a part of two seasons, but
without much progress in accomplishing the object for which it was insti-
tuted, in consequence of a serious difference of opinion between the com-
missioners, not only as to the precise point where the rivers terminate,
but in many instances as to what constitutes a river. These difiiculties,
however, may be overcome by resort to the umpirage provided for by the
treaty.

The efforts perseveringly prosecuted since the commencement of my
Administration to relieve our trade to the Baltic from the exaction of
Sound dues by Denmark have not yet l^een attended with success. Other
governments have also sought to obtain a like relief to their commerce,
and Denmark was thus induced to propose an arrangement to all the

412 Messages and Papers of the Pre side fits

European powers interested in the subject, and the manner in which her
proposition was received warranting her to beHeve that a satisfactory
arrangement with them could soon be conckided, she made a strong
appeal to this Government for temporary suspension of definite action on
its part, in consideration of the embarrassment which might result to her
European negotiations by an immediate adjustment of the question with
the United States. This request has been acceded to upon the condition
that the sums collected after the i6th of June last and until the 1 6th of
June next from vessels and cargoes belonging to our merchants are to
be considered as paid under protest and subject to future adjustment.
There is reason to belie\'e that an arrangement between Denmark and
the maritime powers of Europe on the subject will l^e soon concluded,
and that the pending negotiation with the United States may then be
resumed and terminated in a satisfactory manner.

With Spain no new^ difficulties have arisen, nor has much progress
been made in the adjustment of pending ones.

Negotiations entered into for the purpose of relieving our commercial
intercourse with the island of Cuba of some of its burdens and providing
for the more speedy settlement of local disputes growing out of that
intercourse have not yet been attended with any results.

Soon after the commencement of the late war in Europe this Govern-
ment submitted to the consideration of all maritime nations two princi-
ples for the security of neutral commerce — one that the neutral flag
should cover enemies' goods, except articles contraband of war, and the
other that neutral property on board merchant vessels of belligerents
should be exempt from condemnation, with the exception of contraband
articles. These were not presented as new rules of international law,
having been generally claimed by neutrals, though not always admitted
by belligerents. One of the parties to the war (Russia), as w^ell as sev-
eral neutral powers, promptly acceded to these propositions, and the two
other principal belligerents (Great Britain and France) having consented
to observe them for the present occasion, a favorable opportunity seemed
to be presented for obtaining a general recognition of them, both in
Europe and America.

But Great Britain and France, in common with most of the States of
Europe, while forbearing to reject, did not affirmatively act upon the
overtures of the United States.

While the question was in this position the representatives of Russia,
France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled
at Paris, took into consideration the subject of maritime rights, and put
forth a declaration containing the two principles which this Government
had submitted nearly two years before to the consideration of maritime
powers, and adding thereto the following propositions: "Privateering is
and remains abolished," and "Blockades in order to be binding must be
effective; that is to say, maintained by a force sufficient really to pitvent

Franklin Pierce 413

acxess to the coast of the enemy; " and to the declaration thus composed
of four points, two of which had already been proposed by the United
States, this Government has been invited to accede by all the powers
represented at Paris except Great Britain and Turkey. To the last of
the two additional propositions — that in relation to blockades — there can
certainly be no objection. It is merely the definition of what shall con-
stitute the effectual investment of a blockaded place, a definition for
which this Government has always contended, claiming indemnity for
losses where a practical violation of the rule thus defined has been inju-
rious to our commerce. As to the remaining article of the declaration
of the conference of Paris, that "privateering is and remains abolished,"
I certainly can not ascribe to the powers represented in the conference
of Paris any but liberal and philanthropic views in the attempt to
change the unquestionable rule of maritime law in regard to privateer-
ing. Their proposition was doubtless intended to imply approval of
the principle that private property upon the ocean, although it might
belong to the citizens of a belligerent state, should be exempted from
capture; and had that proposition been so framed as to give full effect
to the principle, it would have received my ready assent on behalf of
the United States. But the measure proposed is inadequate to that
purpose. It is true that if adopted private property upon the ocean
would be withdrawn from one mode of plunder, but left exposed mean-
while to another mode, which could be used with increased effectivene.ss.
The aggressive capacity of great naval powers would be thereby aug-
mented, while the defensive ability of others would be reduced. Though
the surrender of the means of prosecuting hostilities by employing pri-
vateers, as proposed by the conference of Paris, is mutual in terms, yet
in practical effect it would be the relinquishment of a right of little value
to one class of states, but of essential importance to another and a far
larger class. It ought not to have been anticipated that a measure so
inadequate to the accompli.shment of the proposed object and so unequal
in its operation would receive the assent of all maritime powers. Pri-
vate property would be still left to the depredations of the public armed
cruisers.

I have expressed a readiness on the part of this Govennnent to accede
to all the principles contained in the declaration of the conference of
Paris provided that the one relating to the abandonment of privateering
can be so amended as to effect the object for which, as is pre.sumed. it was
intended — the immunity of pri\-ate property on the ocean from hostile
capture. To effect this object, it is propo.sed to add to the declaration
that " privateering is and remains alx)lished" the following amendment:

Ami that the private proix^rty of subjects and citizens of a 1x.'llifjercnt on the hij^h
seas shall be exempt from seizure by tlie public armed vessels of the other bellii,'eri nt,
except it be contraband.

This amendment has been presented not only to the iKjwers which

414 Messages and Papers of the Presidents,

have asked our assent to the declaration to abolish privateering, but to
all other maritime states. Thus far it has not been rejected by any, and
is favorably entertained by all which have made any communication in
reply.

Several of the governments regarding with favor the proposition of
the United States have delayed definitive action upon it only for the
purpose of consulting with others, parties to the conference of Paris. I
have the satisfaction of stating, however, that the Emperor of Russia has
entirely and explicitly approved of that modification and will cooperate
in endeavoring to obtain the assent of other powers, and that assurances
of a similar purport have been received in relation to the disposition of
the Emperor of the French.

The present aspect of this important subject allows us to cherish the
hope that a principle so humane in its character, so just and equal in its
operation, so essential to the prosperity of commercial nations, and so
consonant to the sentiments of this enlightened period of the world will
command the approbation of all maritime powers, and thus be incorpo-
rated into the code of international law.

My views on the subject are more fully set forth in the reply of the
Secretary of State, a copy of which is herewith transmitted, to the com-
munications on the subject made to this Government, especially to the
communication of France.

The Government of the United States has at all times regarded with
friendly interest the other States of America, formerly, like this country,
European colonies, and now independent members of the great family of
nations. But the unsettled condition of some of them, distracted by fre-
quent revolutions, and thus incapable of regular and firm internal admin-
istration, has tended to embarrass occasionally our public intercourse by
reason of wrongs which our citizens suffer at their hands, and which they
are slow to redress.

Unfortunately', it is against the Republic of Mexico, with which it is our
special desire to maintain a good understanding, that such complaints are
most numerous; and although earnestly urged upon its attention, they
have not as yet received the consideration which this Government had a
right to expect. While reparation for past injuries has been withheld,
others have been added. The political condition of that country, how-
ever, has been such as to demand forbearance on the part of the United
States. . I shall continue my efforts to procure for the wrongs of our
citizens that redress which is indispensable to the continued friendly
association of the two Republics.

The peculiar condition of aifairs in Nicaragua in the early part of the
present year rendered it important that this Government should have
diplomatic relations with that State. Through its territory had been
opened one of the principal thoroughfares across the isthmus connecting
North and South America, on which a vast amount of property was trans-

Franklin Pierce 415

ported and to which our citizens resorted in great numbers in passing
between the Atlantic and Pacific coasts of the United States. The pro-
tection of both required that the existing power in that State should be
regarded as a responsible Government, and its minister was accordingly
received. But he remained here only a short time. Soon thereafter the
political affairs of Nicaragua under^'ent unfavorable change and became
involved in much uncertainty and confusion. Diplomatic representatives
from two contending parties have been recently sent to this Government,
but with the imperfect information possessed it was not possible to de-
cide which was the Government de facto, and, awaiting further develop-
ments, I have refused to receive either.

Questions of the most serious nature are pending between the United
States and the Republic of New Granada. The Government of that
Republic undertook a year since to impose tonnage duties on foreign
vessels in her ports, but the purpose was resisted by this Government as
being contrary to existing treaty stipulations with the United States and
to rights conferred by charter upon the Panama Railroad Company,
and was accordingly relinquished at that time, it being admitted that our
vessels were entitled to be exempt from tonnage duty in the free ports
of Panama and Aspinwall. But the purpose has been recently revived
on the part of New Granada by the enactment of a law to subject vessels
visiting her ports to the tonnage duty of 40 cents per ton, and although
the law has not been put in force, yet the right to enforce it is still
asserted and may at any time be acted on by the Government of that
Republic.

The Congress of New Granada has also enacted a law during the last
year which levies a tax of more than $3 on every pound of mail matter
transported across the Isthmus. The sum thus required to be paid on
the mails of the United States would be nearly $2,000,000 annually in
addition to the large sum payable by contract to the Panama Railroad
Company. If the only objection to this exaction were the exorbitancy
of its amount, it could not be submitted to by the United States.

The imposition of it, however, would obviously contravene our treaty
with New Granada and infringe the contract of that Republic with the
Panama Railroad Company. The law providing for this tax was by its
terms to take effect on the 1st of September last, but the local authori-
ties on the Isthmus have been induced to suspend its execution and to
await further instructions on the subject from the Government of the
Republic. I am not yet advised of the determination of that Govern-
ment. If a measure so extraordinary in its character and so clearly
contrary to treaty stipulations and the contract rights of the Panama
Railroad Company, composed mostly of American citizens, should l)e
l)er.sisted in, it will be the duty of the United States to resist its execution.

I regret exceedingly that occasion exists to invite your attention to a
subject of still graver imjx>rt in our relations with the Republic of New

41 6 Messages and Papers of the Presidents

Granada, On the 15th day of April last a riotous assemblage of the
inhabitants of Panama committed a violent and outrageous attack on
the premises of the railroad company and the passengers and other per-
sons in or near the same, involving the death of several citizens of the
United States, the pillage of many others, and the destruction of a large
amount of property belonging to the railroad company. I caused full
investigation of that event to be made, and the result shows satisfac-
torily that complete responsibility for what occurred attaches to the
Government of New Granada. I have therefore demanded of that Gov-
ernment that the perpetrators of the wrongs in question should be pun-
ished; that provision should be made for the families of citizens of the
United States who were killed, with full indemnity for the property pil-
laged or destroyed.

The present condition of the Isthmus of Panama, in so far as regards
the security of persons and property passing over it, requires serious con-
sideration. Recent incidents tend to show that the local authorities can
not be relied on to maintain the public peace of Panama, and there is
just ground for apprehension that a portion of the inhabitants are medi-
tating further outrages, without adequate measures for the security and
protection of persons or property having been taken, either by the State
of Panama or by the General Government of New Granada.

Under the guaranties of treaty, citizens of the United States have, by
the outlay of several million dollars, constructed a railroad across the
Isthmus, and it has become the main route between our Atlantic and
Pacific possessions, over which multitudes of our citizens and a vast
amount of property are constantly passing; to the security and protec-
tion of all which and the continuance of the public advantages involved
it is impossible for the Government of the United States to be indifferent.

I have deemed the danger of the recurrence of scenes of lawless vio-
lence in this quarter so imminent as to make it vsxy duty to station a part
of our naval force in the harbors of Panama and Aspinwall, in order to
protect the persons and property of the citizens of the United States in
those ports and to insure to them safe passage across the Isthmus. And
it would, in my judgment, be unwise to withdraw the naval force now
in those ports until, by the spontaneous action of the Republic of New
Granada or otherwise, some adequate arrangement shall have been made
for the protection and security of a line of interoceanic communication, so
important at this time not to the United States only, but to all other
maritime states, both of Europe and America.

Meanwhile negotiations have been instituted, by means of a special
commission, to obtain from New Granada full indemnity for injuries
sustained by our citizens on the Isthmus and satisfactory security for the
general interests of the United States.

In addressing to you my last annual message the occasion seems to me
an appropriate one to express my congratulations, in view of the peace.

Franklin Pierce 417

greatness, and felicity which the United States now possess and enjoy.
To point you to the state of the various Departments of the Government
and of all the great branches of the public servace, civil and military, in
order to speak of the intelligence and the integrity which pervades the
whole, would be to indicate but imperfectly the administrative condition
of the country and the beneficial effects of that on the general welfare.
Nor would it sufiice to say that the nation is actually at peace at home
and abroad; that its industrial interests are prosperous; that the canvas
of its mariners whitens every sea, and the plow of its husbandmen is
marching steadily onward to the bloodless conquest of the continent;
that cities and populous States are springing up, as if by enchantment,
from the bosom of our Western wilds, and that the courageous energy of
our people is making of these United States the great Republic of the
world. These results have not been attained without passing through
trials and perils, by experience of which, and thus only, nations can
harden into manhood. Our forefathers were trained to the wisdom which
conceived and the courage which achieved independence by the circum-
stances which surrounded them, and they were thus made capable of the
creation of the Republic. It devolved on the next generation to con-
solidate the work of the Revolution, to deliver the country entirely from
the influences of conflicting transatlantic partialities or antipathies which
attached to our colonial and Revolutionary history, and to organize the
practical operation of the constitutional and legal institutions of the
Union. To us of this generation remains the not less noble task of
maintaining and extending the national power. We have at length
reached that stage of our country's career in which the dangers to be
encountered and the exertions to be made are the incidents, not of weak-
ness, but of strength. In foreign relations we have to attemper our
power to the less happy condition of other Republics in America and to
place ourselves in the calmness and conscious dignity of right by the
side of the greatest and wealthiest of the Empires of Europe. In do-
mestic relations we have to guard against the shock of the discontents,
the ambitions, the interests, and the exuberant, and therefore sometimes
irregular, impulses of opinion or of action which are the natural product
of the present ix)litical elevation, the self-reliance, and the restless spirit of
enterprise of the people of the United States.

I shall prepare to surrender the Executive trust to my successor and
retire to private life with sentiments of profound gratitude to the good
Providence which during the period of my Administration has vouch-
safed to carry the country through many difficulties, domestic and for-
eign, and which enables me to contemplate the spectacle of amicable
and respectful relations between ours and all other gc^vcrnments and
the establishment of constitutional order and tran<iuillity tliroughout the
Union.

FRANKLIN PIERCE.
M P — vol, V— 27

4i8 Messages and Papers of the Presidents

SPECIAL MESSAGES.

Washington, December 2, 1856.
To the House of Representatives:

I transmit herewith a report* from the Secretary of State, in compH-
ance with the resolution of the House of Representatives of the 7th of
August last. FRANKI.IN PIERCE.

Washington, December S, 1856.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty between the United States and Siam, concluded at Bangkok
on the 29th day of May last. FRANKLIN PIERCE.

Washington, December 10, 1856.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty for the settlement of the questions which have come into
discussion between the United States and Great Britain relative to Cen-
tral America, concluded and signed at London on the 17th day of Octo-
ber last between the United States and Great Britain.

FRANKLIN PIERCE.

Washington, December 12, 1856.
To the Senate and House of Representatives:

I transmit a copy of a letter of the 20th of May last from the conmiis-
sioner of the United States in China, and of the decree and regulations!
which accompanied it, for such revision thereof as Congress may deem
expedient, pursuant to the sixth section of the act approved nth August,

^"^^^^ FRANKLIN PIERCE.

Washington, December 75, 1836
To the Seriate and House of Representatives:

I transmit to Congress an extract from a letter of the 2 2d ultimo from
the governor of the Territory of Kansas to the Secretary of State, with
a copy of the executive minutes % to which it refers. These documents
have been received since the date of my message at the opening of the
present session. FRANKLIN PIERCE.

*vStating that the correspondence in the Departments of State and of the Navy relative to Hamet
Caramally had been transmitted to Congress.
tKor judicial jurisdiction by acting consuls or vice-consuls of the United .States in China.
X Containing a history of Kansas affairs.

Franklin Pierce 419

Washington, December 2g, r8§6.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 23d instant, re-
questing the President "to communicate to the Senate, if not incompati-
ble with the public interest, such information as he may have concerning
the present condition and prospects of a proposed plan for connecting by
submarine wires the magnetic telegraph lines on this continent and
Europe," I transmit the accompanying report from the Secretary of

^^^*^- FRANKLIN PIERCE.

Washington, January 6, i8sy.
To the Senate of the United States:

I transmit a report from the Secretary of State, with accompanying
papers,* in answer to the resolution of the Senate of the 2d instant.

FRANKLIN PIERCE.

Washington, January 12, iS^y.
To the Seiiate of the United States:

In compliance with the resolution of the Senate of the 4th August,
1856, and 9th January instant, I transmit herewith a report from the
Secretary of State, together with the documents f therein referred to.

FRANKEIN PIERCE.

WAvSHINGTON, January /2, fSjy.
To tlie Senate of the Utiitcd States:

I again transmit to the vSenate, for its advice and consent with a view
to ratification, the convention between the United States and His Majesty
the King of the Netherlands, for the mutual delivery of criminals fugi-
tives from justice in certain cases, and for other purjxjses, which was
concluded at The Hague on the 29th day of May, 1856.

FRANKLIN PIICRCTv

Washington. y<///«a/;)' 12, iSj^y.
To the Senate of the United States:

I transmit a re]K)rt from the vSccrctary of vState, with accompanying
pa|)ers,]; in answer to the resolution of the Senate of the 7th instant.

FRANKLIN ril-RCIv.

♦RcIatiiiR to the refusal of the minister to the I'liilcd States fnmi the NrtlKi laiuK tu ttstity
iK-fore the criiniiial court of the District of Cohiinlna,

t Relatinji to the claims of certain American citizens for losses conseiiuent iii><>n their tximlsioii
by Veneznelan authorities from one of the Aves Islan<ls. while collectinj; n"-'"".

{Correspondence and <locnments connecteil with the treaty concludetl at London between the
United States and Great Hritain Octol)cr 17, 1856, relative to Central America.

420 Messages and Papers of the Presidents

Washington, Jamiary 12, iSj^j.
The Speaker of the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 2 2d ultimo, in relation to information with regard to expenditures
and liabilities for persons called into the serv'ice of the United States
in the Territor}- of Kansas, I transmit the accompanying report of the
Secretary of War. FRANKLIN PIERCE.

Washington, /<a!««arj/ ij, iSsy.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and the Republic of Peru
relative to the rights of neutrals at sea, signed at Lima by the plenipoten-
tiaries of the parties on the 2 2d of July last.

FRANKLIN PIERCE.

Washington, /aweary /<5, IBS'/.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, a treaty made and concluded at Fort Leavenworth, Kansas Ter-
ritorj^, on the i6th day of December, 1856, between Indian Agent Ben-
jamin F. Robinson, commissioner on the part of the United States, the
principal men of the Christian Indians, and Gottleib F. Oehler, on behalf
of the board of elders of the northern diocese of the Church of the United
Brethren in the United States of America.

Among the papers which accompany the treaty is a communication
from the Commissioner of Indian Affairs, containing a recommendation,
concurred in by the Secretary of the Interior, that the treaty be ratified
with an amendment which is therein explained.

FRANKLIN PIERCE.

Washington, fanuary ip, iS^y.
To the Senate and House of Representatives:

Soon after the close of the last session of Congress I directed steps to
be taken to carry into effect the joint resolution of August 28, 1856,
relative to the restoration of the ship Resolute to Her Britannic Majesty's
service. The ship was purchased of the salvors at the sum appropriated
for the purchase, and "after being fully repaired and equipped" was
sent to England under control of the Secretary of the Navy. The letter
from Her Majesty's minister for foreign affairs, now communicated to
Congress in conformity with his request, and copies of correspondence
from the files of the Departments of State and of the Navy, also trans-

Franklin Pierce 421

mitted herewith, will apprise you of the manner in which the joint reso-
lution has been fully executed and show how agreeable the proceeding
has been to Her Majesty's Government.

FRANKLIN PIERCE.

Washingtox, January, 185J.
To the Seriate a?id House of Representatives:

I transmit to Congress copies of a communication from His Excellency
Andrew Johnson, governor of the State of Tennessee, tendering to the
Government of the United States "500 acres of the late residence of
Andrew Jackson, deceased, including the mansion, tomb, and other im-
provements, known as the Hermitage, ' ' upon the terms and conditions
of an act of the legislature of said State, a copy of which is also herewith
communicated. FRANKLIN PIERCE.

Washington, /-a'^/z/ari' 20, iS^y.
To the House of Represeritatives:

In response to a resolution of January- 5, 1857, requesting the President
to inform the House of Representatives ' ' by what authority a Govern-
ment architect is employed and paid for designing and erecting all public
buildings, and also for placing said buildings under the supervision of
military engineers," I submit the accompanying reports from the Sec-
retary of the Treasury and the Secretary of War.

FRANKLIN PIERCE.

Washington, January 21 , 185"/.
To the House of Representatives:

In further compliance with resolution of the House of Representatives
of the 22d ultimo, calling upon me for ".statements of the amounts of
money paid and liabilities incurred for the pay, support, and other ex-
pen.ses of persons called into the .service of the United States in the Ter-
ritory of Kansas, either under the designation of the militia of Kan.sas
or of posses .summoned by the civil officers in that Territory, since the
date of its establi.shment; also statements of the amounts paid to mar-
shals, .sheriffs, and other deputies, and to witnes.ses and for other expenses
in the arrest, detention, and trial of persons charged in said Territory
with trea.son again.st the United vStates or with violations of the alleged
laws of said Territory," I transmit a rejxjrt from the Secretary of the
Trea.sury, with accompanying documents.

FRANKLIN PIIvRCK.

Washington, fanuary 28, /8jy.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, a treaty made and concluded at Grand Portage, in the Territory

422 Messages and Papers of the Presidents

of Minnesota, on the i6th day of September, 1856, between Henr>' C.
Gilbert, Indian agent, acting as commissioner on the part of the United
States, and the Bois Porte bands of Chippewa Indians, by their chiefs
and headmen.

The treaty is accompanied by communications from the Secretary
of the Interior, transmitting a letter to him from the Commissioner of
Indian Affairs and a report from Agent Gilbert of the 24th December,

^^56. FRANKLIN PIERCE.

Washington, Jamiary jo, iSsy.
To the Senate of the United States:

In compliance with a resolntioii of the Senate passed December 23,
1856, requesting "any information upon the files of the Department in
relation to pay and emoluments of Lieutenant-General Scott or his staff
under the resolution of February 15, 1855, which may not have been
communicated in Executive Document No. 56, first session Thirt^'-fourth
Cdngress, " and a resolution passed December 30, requesting "a state-
ment of all payments and allowances which have been made, and of all
claims which have been disallowed, to Brevet lyieu tenant- General Scott
from the date when he joined the armj- serving in Mexico up to Decem-
ber I, 1856," and "also copies of all correspondence on file in the Exec-
utive Departments relating to said claims, payments, or allowances," I
herewith transmit a report of the Secretary of War, to whom the resolu-
tions were referred in order that the information, statements, and copies
of correspondence therein required might be prepared and furnished.

FRANKLIN PIERCE.

Washington, February /, iS^y.
To the Senate of the United States:

In answer to the resolutions of the Senate of yesterday, adopted in
executive session, I transmit reports* from the Secretary of State, to
whom they were referred. FRANKLIN PIERCE.

Washington, February /, iS^j.
To the House of Representatives:

I transmit a report from the Secretary of State, with accompanying
documents,! in answer to the resolution of the House of December 26,

^^54- FRANKLIN PIERCE.

♦Relating to the convention between Great Britain and Honduras resp>ecting the island of
Ruatan.
t Consular returns on shipping, shipbuilding, etc., in foreign countries.

Franklin Pierce 423

Washingtox, Febmary p, 185J.
To the Senate of the United States:

I transmit a report from the Secretary- of State, with accompanying
papers,* in answer to the resolution of the Senate of the 30th ultimo.

FRANKIvIN PIERCE.

Washington, February 11, 18^7.
To the Senate of the United States:

In further compliance with a resolution of the Senate of the 5th in-
stant, requesting me to communicate transcripts of papers relative to the
proclamation of martial law by Governor Stevens, of Washington Terri-
tory, I transmit the accompanying report from the Secretary of War.

FRANKUN PIERCE.

Washington, February 11, 18^7.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of friendship and commerce between the United States and
the Shah cf Persia, signed by the plenipotentiaries of the parties at Con-
stantinople on the 13th of December last.

FRANKLIN PIERCE.

Washington, February ir, 1857.
To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action
thereon, articles of agreement and convention made and concluded at the
places and dates therein named by Joel Palmer, superintendent of Indian
affairs, on the part of the United States, and the chiefs and headmen of
the confederate tril^es and bands of Indians residing along the coast west
of the summit of the Coast Range of mountains and l>etween the Co-
lumbia River on the north and the southern boundary of Oregon on the
.south. A letter from the Secretary of the Interior, including one from
the Commissioner of Indian Affairs, accompanies the treaty.

FRANKLIN PIERCE.

Washington, February /^, iSj;^.
To the House of Representatives:

In compliance with a resolution of the House of Representati\cs of
the 19th ultimo, requesting me "to furnish to the House all C()rrcsi)ond-
ence and dcxuments, not incompatible with the public iiUcrest, rehiting

* Relating to the proclamation of martial law iu Washiugtoii Territory, etc.

424 Messages and Papers of the Presidents

to Indian aflFairs in the Department of the Pacific, those of the Interior
as well as those of the War Department," I transmit the accompanying
report and documents from the Secretary of War.

FRANKI.IN PIERCE.

Washington, February, 18^7.
To the House of Representatives of the United States:

I communicate herewith a letter of the Secretary of War, recommend-
ing an appropriation of $10,000 for the purpose of instituting a series of
researches for the discovery of a more efficient mode of manufacturing
niter.

FRANKI^IN PIERCE.

Washington, February 16, rS^y.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 4th of August
last, calling for information in relation to certain internal improvements,
I transmit reports * from the Secretary of the Treasury and the vSecretary
of War.

FRANKLIN PIERCE.

Washington, February /p, i8^y.
To the Senate of the United States:

I transmit for the consideration of the Senate with a view to ratifica-
tion a consular convention between the United States and the Republic
of Chili, signed by the plenipotentiaries of the parties at the city of San-
tiago on the I St day of December last.

FRANKLIN PIERCE.

Washington, February 2j, 18^7.
To the House of Representatives:

I transmit a report from the Secretary of State, with accompanying
papers, t in answer to the resolution of the House of Representatives of
the 6tli instant.

FRANKLIN PIERCE.

* Appropriations made by Congress within eleven years for light-houses, beacons, buoys, etc., on
I^akes Superior, Michigan, Huron, St. Clair, Erie, Ontario, and Champlain; duties collected and
expenses of collection at each of the lake ports annually for eleven fiscal years, ending June 30,
1856 ; tonnage of the lake ports, etc.

t Relating to the claim of F. Dainese for salary, expenses, etc., while acting consul at Constanti-
nople.

Franklin Pierce 425

To the Senate of the United States:

I transmit herewith a report from the Attorney-General, in reply to

the resolution* of the Senate in executive session of the 19th instant.

^ o FRANKLIN PIKRCE.

February 23, 1857.

To the Senate of the United States:

I communicate herewith a report from the Attorney-General, in reply
to the resolution of the Senate of the 20th instant, asking for correspond-
ence of Samuel D. Lecompte, chief justice of the Territory of Kansas. f

^ . FRANKLIN PIERCE.

February 23, 1857.

Washington, March 2, 18^7.
To the Senate of the United States:

I communicate herewith a letter | from the Secretary of the Navy, in
response to a resolution of the Senate of August 15, 1856.

Concurring in the views presented in the documents to which the Sec-
retar\' of the Navy refers, I am not prepared at this time to reconnnend
any legislation on the subject. FRANKLIN PIERCE.

Washington, March j, iS^y.
To the Senate of the I hi i ted States:

In compliance with a resolution of the Senate of the 20th ultimo, in
relation to correspondence between the Treasury and Interior Depart-
ments and lidward F. Beale, late .superintendent of Indian affairs in Cal-
ifornia, and accounts of remittances, etc., I transmit the accompanying
report from the Secretary of the Treasury.

FRANKLIN PIERCE.

Washington, March j, /iS'j/.
To the House of Representatives:

As a further answer to resolutions of the Hou.se of Re]>resentatives
adopted on the 6th and loth of PV'bruary, I transmit a second report
from the Secretary of State, relating to the "accounts," "claims," aiid
"difficulties" at Constantinople, referred to in .said resolutions.

FRANKLIN PIlCRCl'.

♦ Asking; whether Samuel D. Lecoinpte ha.s l)een allowed to perform the functions of chief ju.slicc
of the Territory of Kansas since the nomination of J. O. Harrison to that office.

t Hxplanatory of his judicial conduct in tlic Territorj* of Kan.sas,

X Relating to the discontinuance or change of location of any navy-yard or iiav.il station on the
Atlantic SeatxMrd.

426 Messages and Papers of the Presidents

PROCLAMATION.

By the President of the United States of America.

A PROCIvAMATlON.

Whereas objects of interest to the United States require that the Senate
should be convened at 12 o'clock on the 4th of March next to receive
and act upon such communications as may be made to it on the part of
the Executive:

Now, therefore, I, Franklin Pierce, President of the United States,
have considered it to be my duty to issue this my proclamation, declaring
that an extraordinary occasion requires the Senate of the United States
to convene for the transaction of business at the Capitol, in the city of
Washington, on the 4th day of March next, at 12 o'clock at noon of that
day, of which all who shall at that time be entitled to act as members,
of that body are hereby required to take notice.

Given under my hand and the seal of the United States, at Washing-
r -1 ton, this i6th day of February, A. D. 1857, and of the Inde-

pendence of the United States the eighty-first.

FRANKI^IN PIERCE.
By the President:

W. ly. Marcy,

Secretary of State.

James Buchanan

March 4, 18B7, to March 4, 1861

427

James Buchanan

James Buchanan was lx)rn near Mercersburg, Pa., April 23, 1791.
His father, James Buchanan, a Scotch-Irish farmer, came from the county
of Donegal, Ireland, in 1783. His mother was Elizabeth Speer. The
future President was educated at a school in Mercersburg and at Dickin-
son College, Pennsylvania, where he was graduated in 1809. Began to
practice law in Lancaster in 18 12. His first public address was made at
the age of 23 on the occasion of a popular meeting in Lancaster after the
capture of Washington by the British in 18 14. Although a Federalist
and with his party opposed to the war, he urged the enlistment of volun-
teers for the defense of Baltimore, and was among the first to enroll his
name. In October, 18 14, was elected to the legislature of Pennsylvania
for Lancaster County, and again elected in 1 8 1 5 . At the close of his term
in the legislature retired to the practice of the law, gaining early distinc-
tion. In 1820 was elected to Congress to represent a district composed
of Lancaster, York, and Dauphin counties, and took his seat in Decem-
l)er, 1 82 1. He was called a Federalist, but the party distinctions of that
time were not clearly defined, and Mr. Buchanan's political principles as a
national .statesman were yet to be formed. His first speech in Congress
was made in January, 1822, sustaining the Administration of President
Monroe, and of John C. Calhoun, Secretary of War, in particular, with
reference to a military establi.shnient. President Monroe's veto, in May,
1822, of a bill impo.sing tolls for the support of the Cumlierland road, for
which Mr. Buchanan had voted, produced a strong effect upon his con-
stitutional views, and he began to perceive the dividing line between the
P'ederal and ihe vState powers. He remained in tlie House of Represent-
atives ten years — (hiring Mr. Monroe's second term, through the Adminis-
tration of John Quincy Adams, and during tlie first two years of Jackson's
Administration. In December, 1X29, became chairman of the Judiciary
Conunittee of the House. During Mr. Adams's term the friends of the
Administration began to take the name of National Republicans, while
the opposing party assumed tlie name of Democrats. Mr. Buchanan was
one of the leaders of the oj^jx^sition in the Hou.se of Representatives.
Was always a strong .supporter and warm per.sonal friend of ( lencral Jack-
son. In March, 1831, at the close of the Twenty-first Congress, it was

429

430 Messages and Papers of the Presidents

Mr. Buchanan's wish to retire from pubhc hfe, but at the request of Presi-
dent Jackson he accepted the mission to Russia; negotiated a conmiercial
treaty with that country. August 8, 1833, left St. Petersburg, spent a
short time in Paris and lyondon, and reached home in November. In
1834 was appointed one of the commissioners on the part of Pennsylvania
to arrange with commissioners from New Jersey concerning the use of
the waters of the Delaware River. December 6, 1834, was elected to the
United States Senate to fill a vacancy, and was reelected in January, 1837.
Was conspicuous in the Senate as a supporter of Jackson's financial
policy throughout his Administration and that of his successor, Mr. Van
Buren, of the same party. In 1839 declined the office of Attorney-Gen-
eral, tendered by President Van Buren. In 1843 was elected to the Sen-
ate for a third term, and in 1844 his name was brought forward as the
Democratic candidate of Pennsylvania for the Presidential nomination,
but before the national convention met he withdrew his name. At the
beginning of the Administration of James K. Polk became Secretary of
State, and as such had a number of important questions to deal with,
including the settlement of the boundary between Oregon Territory
and the British possessions and the annexation of Texas, which resulted
in the Mexican War. On the accession of Mr. Taylor to the Presidency
Mr. Buchanan retired for a time from official life. W^as an unsuccessful
candidate for the Presidential nomination before the Democratic national
convention June i, 1852. In April, 1853, was appointed minister to Eng-
land by President Pierce; was recalled at his own request in 1855. June
3, 1856, was nominated for President of the United States by the Dem-
ocratic national convention at Cincinnati, Ohio, and on November 4,
1856, was elected, receiving 174 electoral votes to 114 for John C. Fre-
mont and 8 for Millard Fillmore. Was inaugurated March 4, 1857. I^
i860 refused the use of his name for renomination. At the conclusion of
his term returned to his home at Wheatland, near Lancaster, Pa. Died
June I, 1868, and was buried at Wheatland.

INAUGURAL ADDRESS.

Fellow-Citizens: I appear before you this daj^ to take the solemn
oath " that I will faithfully execute the office of President of the United
States and will to the best of my ability preserve, protect, and defend
the Constitution of the United States. ' '

In entering upon this great office I must humbly invoke tlie God of
our fathers for wisdom and firmness to execute its high and responsible
duties in such a manner as to restore harmony and ancient friendship
among the people of the several States and to preserve our free institu-
tions throughout many generations. Convinced that I owe my election

James Buchanati 431

to the inherent love for the Constitution and the Union which still ani-
mates the hearts of the American people, let me earnestly ask their pow-
erful support in sustaining all just measures calculated to perpetuate
these, the richest political blessings which Heaven has ever bestowed
upon any nation. Having determined not to become a candidate for
reelection, I shall have no motive to influence my conduct in adminis-
tering the Government except the desire ably and faithfully to serv^e my
country and to live in the grateful memory of my countrymen.

We have recently passed through a Presidential contest in which the
passions of our fellow-citizens were excited to the highest degree by
questions of deep and vital importance; but when the people proclaimed
their will the tempest at once subsided and all was calm.

The voice of the majority, speaking in the manner prescribed by the
Constitution, was heard, and instant submission followed. Our own
country could alone have exhibited so grand and striking a spectacle of
the capacity of man for self-government.

What a happy conception, then, was it for Congress to apply this sim-
ple rule, that the will of the majority shall govern, to the settlement of
the question of domestic slavery in the Territories! Congress is neither
' ' to legislate slavery into any Territory or State nor to exclude it there-
from, but to leave the people thereof perfectly free to form and regulate
their domestic institutions in their own way, subject onlj' to the Consti-
tution of the United States. ' '

As a natural consequence. Congress has also prescribed that when the
Territory of Kansas shall be admitted as a State it ' ' shall be received into
the Union with or without slavery, as their constitution may prescrilje
at the time of their admission."

A difference of opinion has arisen in regard to the point of time when
the people of a Territory shall decide this question for themselves.

This is, happily, a matter of but little practical importance. Besides, it
is a judicial question, which legitimately belongs to the vSupreme Court
of the United States, before whom it is now j^ending, and will, it is under-
stood, be speedily and finally settled. To their decision, in common with
all gcxxl citizens, I shall cheerfully submit, whatever this may be, though
it has ever l^een my individual opinion that under the Nebraska- Kan.sas
act the appropriate period will 1)C when the numl^er of actual residents
in the Territory shall justify the formation of a constitution with a view
to its admission as a State into the Union. But be this as it may, it is the
imix;rativeand indispensable duty of the Govennnent of the United States
to secure to every resident inhabitant the free and independent expres-
sion of his opinion by his vote. This sacred right of each individual
must be preserved. That l^eing accomplished, nothing can l)e fairer than
to leave the ])eople of a Territory free from all foreign interference to
decide their own destiny for themselves, subject only to the Constitution
of the United States.

432 Messages and Papers of the Presidents

The whole Territorial question being thus settled \\\}0\\ the principle
of popular sovereignty — a principle as ancient as free government itself —
everything of a practical nature has been decided. No other question
remains for adjustment, because all agree that under the Constitution
slavery in the States is beyond the reach of any human power except
that of the respective States themselves wherein it exists. May we not,
then, hope that the long agitation on this subject is approaching its end,
and that the geographical parties to which it has given birth, so much
dreaded by the Father of his Country, will speedily become extinct?
Most happy will it be for the country when the public mind shall be
diverted from this question to others of more pressing and practical
importance. Throughout the whole progress of this agitation, w^hich
has scarcely known any intermission for more than twenty years, whilst
it has been productive of no positive good to any human being it has
been the prolific source of great evils to the master, to the slave, and to
the whole country. It has alienated and estranged the people of the
sister States from each other, and has even seriously endangered the very
existence of the Union. Nor has the danger yet entirely ceased. Under
our system there is a remed}^ for all mere political evils in the sound
sense and sober judgment of the people. Time is a great corrective.
Political subjects which but a few years ago excited and exasperated the
public mind have passed away and are now nearly forgotten. But this
question of domestic slavery is of far graver importance than any mere
political question, because should the agitation continue it may eventu-
ally endanger the personal safety of a large portion of our countrymen
where the institution exists. In that event no form of government,
however admirable in itself and however productive of material bene-
fits, can compensate for the loss of peace and domestic security around
the family altar. L,et every Union-loving man, therefore, exert his iDest
influence to suppress this agitation, which since the recent legislation
of Congress is without any legitimate object.

It is an evil omen of the times that men have inidertaken to calculate
the mere material value of the Union. Reasoned estimates have been
presented of the pecuniary profits and local advantages which would
result to different States and sections from its dissolution and of the
comparative injuries which such an event would inflict on other States
and sections. Even descending to this low and narrow view of the
mighty question, all such calculations are at fault. The bare reference
to a single consideration will be conclusive on this point. We at pres-
ent enjoy a free trade throughout our extensive and expanding coun-
try such as the world has never witnes.sed. This trade is conducted on
railroads and canals, on noble rivers and arms of the sea, which bind
together the North and the South, the East and the West, of our Confed-
eracy. Annihilate this trade, arrest its free progress by the geograph-
ical lines of jealous and hostile States, and you destroy the prosperity

James Buchanan 433

and onward march of the whole and every part and involve all in one
common ruin. But such considerations, important as they are in them-
selves, sink into insignificance when we reflect on the terrific evils which
would result from disunion to every portion of the Confederacy — to
the North not more than to the South, to the East not more than to the
West. These I shall not attempt to portray, because I feel an humble
confidence that the kind Providence which inspired our fathers with
wisdom to frame the most perfect form of government and union ever
devised by man will not suffer it to perish until it shall have been peace-
fully instrumental by its example in the extension of civil and religious
liberty throughout the world.

Next in importance to the maintenance of the Constitution and the
Union is the duty of preserving the Government free from the taint or
even the suspicion of corruption. Public virtue is the vital spirit of
republics, and history proves that when this has decayed and the love
of money has usurped its place, although the forms of free government
may remain for a season, the substance has departed forever.

Our present financial condition is without a parallel in history. No
nation has ever before been embarrassed from too large a surplus in its
treasury. This almost necessarily gives birth to extravagant legislation.
It produces wild schemes of expenditure and begets a race of speculators
and jobbers, whose ingenuity is exerted in contriving and promoting
expedients to obtain public money. The purity of official agents, whether
rightfully or wrongfully, is suspected, and the character of the govern-
ment suffers in the estimation of the people. This is in itself a very
great evil.

The natural mode of relief from this embarrassment is to appropriate
the surplus in the Treasury to great national objects for which a clear
warrant can be found in the Constitution. Among these I might men-
tion the extinguishment of the public debt, a reasonable increase of the
Navy, which is at present inadequate to the protection of our vast ton-
nage afloat, now greater than that of any other nation, as well as to the
defense of our extended seacoast.

It is beyond all question the true principle that no more revenue ought
to be collected from the people than the amount necessary to defray the
expen.ses of a wise, economical, and efficient administration of the Gov-
ernment. To reach this point it was necessary to resort to a modifi-
cation of the tariff, and this has, I trust, been accomplished in such a
manner as to do as little injury as may have been practicable to our
domestic manufactures, especially those necessary for the defense of the
country. Any discrimination against a particular branch for the pur-
pose of benefiting favored corporations, individuals, or interests would
have been unjust to the rest of the community and inconsistent with
that spirit of fairness and equality which ought to govern in the adjust-
ment of a revenue tariff.
M P — vol, V— 28

434 Messages and Papers of the Presidents

But the squandering of the pubhc money sinks into comparative insig-
nificance as a temptation to corruption when compared with the squan-
dering of the pubhc lands.

No nation in the tide of time has ever been blessed with so rich and
noble an inheritance as we enjoy in the public lands. In administering
this important trust, whilst it may be wise to grant portions of them for
the improvement of the remainder, yet we should never forget that it is
our cardinal policy to reserve these lands, as much as may be, for actual
settlers, and this at moderate prices. We shall thus not only best pro-
mote the prosperity of the new States and Territories, by furnishing them
a hardy and independent race of honest and industrious citizens, but
shall secure homes for our children and our children's children, as well
as for those exiles from foreign shores who may seek in this countr}^ to
improve their condition and to enjoy the blessings of civil and religious
liberty. Such emigrants have done much to promote the growth and
prosperity of the country. They have proved faithful both in peace
and in war. After becoming citizens they are entitled, under the Con-
stitution and laws, to be placed on a perfect equality with native-born
citizens, and in this character the3' should ever be kindly recognized.

The Federal Constitution is a grant from the States to Congress of
certain specific powers, and the question whether this grant should be lib-
erally or .strictly construed has more or less divided political parties from
the beginning. Without entering into the argument, I desire to state
at the commencement of my Administration that long experience and
observ^ation have convinced me that a strict construction of the powers
of the Government is the only true, as well as the only safe, theor}- of the
Constitution. Whenever in our past history doubtful powers have been
exercised by Congress, these have never failed to produce injurious and
unhappy consequences. Many such instances might be adduced if this
were the proper occasion. Neither is it necessary for the public service
to strain the language of the Constitution, because all the great and use-
ful powers required for a successful admini.stration of the Government,
both in peace and in war, have been granted, either in express terms or
by the plainest implication.

Whilst deeply convinced of these truths, I yet consider it clear that
under the war-making power Congress may appropriate money toward
the construction of a military road when this is absolutely necessary
for the defense of any State or Territory of the Union against foreign
invasion. Under the Constitution Congress has power ' ' to declare war, ' '
"to raise and support armies," "to provide and maintain a navy," and
to call forth the militia to "repel invasions." Thus endowed, in an
ample manner, with the war-making power, the corresponding duty is
required that ' ' the United States shall protect each of them [the States]
against invasion." Now, how is it possible to afford this protection to
California and our Pacific possessions except by means of a military road

James Buchanan 435

through the Territories of the United States, over which men and muni-
tions of war may be speedily transported from the Atlantic States to
meet and to repel the invader? In the event of a war with a naval power
much stronger than our own we should then have no other available
access to the Pacific Coast, because such a power would instantly close
the route across the isthmus of Central America. It is impossible to
conceive that whilst the Constitution has expressly required Congress
to defend all the States it should yet deny to them, by any fair con-
struction, the only possible means by which one of these States can be
defended. Besides, the Government, ever since its origin, has been in
the constant practice of constructing military roads. It might also be
wise to consider whether the love for the Union which now animates
our fellow-citizens on the Pacific Coast may not be impaired by our
neglect or refusal to provide for them, in their remote and isolated con-
dition, the onh' means by which the power of the States on this side of
the Rocky Mountains can reach them in sufficient time to ' ' protect ' '
them ' ' against invasion. ' ' I forbear for the present from expressing an
opinion as to the wisest and most economical mode in which the Gov-
ernment can lend its aid in accomplishing this great and necessary work.
I believe that many of the difficulties in the way, which now appear
formidable, will in a great degree vanish as soon as the nearest and best
route shall have been satisfactorily ascertained.

It may be proper that on this occasion I should make some brief
remarks in regard to our rights and duties as a member of the great
family of nations. In our intercourse with them there are some plain
principles, approved by our own experience, from which we should never
depart. We ought to cultivate peace, commerce, and friendship with
all nations, and this not merely as the best means of promoting our own
material interests, but in a spirit of Christian benevolence toward our
fellow-men, wherever their lot may be cast. Our diplomacy should Ixi
direct and frank, neither seeking to obtain more nor accepting less than
is our due. We ought to cherish a sacred regard for the indej>endence
of all nations, and never attempt to interfere in the domestic concerns of
any unless this shall be imperatively required by the great law of self-
preservation. To avoid entangling alliances has l>een a maxim of our
}X)licy ever since the days of Washington, and its wisdom no one will
attempt to di.spute. In short, we ought to do justice in a kindly spirit to
all nations and require justice from them in return.

It is our glory that whilst other nations have extended their domin-
ions by the sword we have never acquired any territory except by fair
purcha.se or, as in the ca.se of Texas, by the voluntary determination
of a brave, kindred, and independent jK'ople to blend their destinies
with our own. Kven our acquisitions from Mexico form no exception.
Unwilling to take advantage of the fortune of war against a sister rejiub-
lic, we purchased these possessions under the treaty of peace for a sum

436 Messages and Papers of the Presidents

which was considered at the time a fair equivalent. Our past history
forbids that we shall in the future acquire territory unless this be sanc-
tioned by the laws of justice and honor. Acting on this principle, no
nation will have a right to interfere or to complain if in the progress of
events we shall still further extend our possessions. Hitherto in all our
acquisitions the people, under the protection of the American flag, have
enjoyed civil and religious liberty, as well as equal and just laws, and
have been contented, prosperous, and happy. Their trade with the rest
of the world has rapidly increased, and thus every commercial nation
has shared largely in their successful progress.

I shall now proceed to take the oath prescribed by the Constitution,
whilst humbly invoking the blessing of Divine Providence on this great
people.

March 4, 1857.

FIRST ANNUAL MESSAGE.

Washington, December 8, 1857.
Fellow-Citizens of the Senate and House of Represeyitatives:

In obedience to the command of the Constitution, it has now become
my duty "to give to Congress information of the state of the Union
and recommend to their consideration such measures" as I judge to be
' ' necessary and expedient. ' '

But first and above all, our thanks are due to Almighty God for the
numerous benefits which He has bestowed upon this people, and our
united prayers ought to ascend to Him that He would continue to bless
our great Republic in time to come as He has blessed it in time past.
Since the adjournment of the last Congress our constituents have enjoyed
an unusual degree of health. The earth has yielded her fruits abun-
dantly and has bountifully rewarded the toil of the husbandman. Our
great staples have commanded high prices, and up till within a brief
period our manufacturing, mineral, and mechanical occupations have
largely partaken of the general prosperity. We have possessed all the
elements of material wealth in rich abundance, and yet, notwithstand-
ing all these advantages, our country in its monetary interests is at the
present moment in a deplorable condition. In the midst of unsurpassed
plenty in all the productions of agriculture and in all the elements of
national wealth, we find our manufactures suspended, our public works
retarded, our private enterprises of different kinds abandoned, and thou-
sands of useful laborers thrown out of employment and reduced to want.
The revenue of the Government, which is chiefly derived from duties on
imports from abroad, has been greatly reduced, whilst the appropriations

James Buchanan 437

made by Congress at its last session for the current fiscal year are very
large iu amount.

Under these circumstances a loan may be required before the close of
your present session; but this, although deeply to be regretted, would
prove to be only a slight misfortune when compared with the suffering
and distress prevailing among the people. With this the Government
can not fail deeply to sympathize, though it may be without the power
to extend relief.

It is our duty to inquire what has produced such unfortunate results
and whether their recurrence can be prevented. In all former revul-
sions the blame might have been fairly attributed to a variety of coop-
erating causes, but not so upon the present occasion. It is apparent
that our existing misfortunes have proceeded solely from our extrava-
gant and vicious system of paper currency and bank credits, exciting the
people to wild speculations and gambling in stocks. These revulsions
must continue to recur at successive intervals so long as the amount of
the paper currency and bank loans and discounts of the country shall be
left to the discretion of 1,400 irresponsible banking institutions, which
from the very law of their nature will consult the interest of their stock-
holders rather than the public welfare.

The framers of the Constitution, when they gave to Congress the
power ' ' to coin money and to regulate the value thereof ' ' and prohib-
ited the States from coining money, emitting bills of credit, or making
anything but gold and silver coin a tender in payment of debts, sup-
posed they had protected the people against the evils of an excessive and
irredeemable paper currency. They are not responsible for the existing
anomaly that a Government endowed with the sovereign attribute of
coining money and regulating the value thereof should have no power
to prevent others from driving this coin out of the country' and filling
up the channels of circulation with paper which does not represent gold
and silver.

It is one of the highest and most responsible duties of Government to
insure to the people a sound circulating medium, the amount of which
ought to be adapted with the utmost jxjssible wisdom and skill to the
wants of internal trade and foreign exchanges. If this be either greatly
above or greatly below the proper standard, the marketable value of
every man's property is increased or diminished in the same proportion,
and injustice to individuals as well as incalculable evils to the conunu-
nity are the consequence.

Unfortunately, under the construction of the Federal Constitution
which has now prevailed too long to be changed this imixjrtant and deli-
cate duty has Ixien dissevered from the coining ix)wer and virtually trans-
ferred to more than 1,400 State banks acting indej)endently of each
other and regulating their paper issues almost exclusively by a regard
to the present interest of their stockholders. Exercising the sovereign

438 Messages and Papers of the Presidents

power of providing a paper currency instead of coin for the country, the
first duty which these banks owe to the pubUc is to keep in their vaults
a sufficient amount of gold and silver to insure the convertibility of their
notes into coin at all times and under all circumstances. No bank ought
ever to be chartered without such restrictions on its business as to secure
this result. All other restrictions are comparatively vain. This is the
only true touchstone, the only efficient regulator of a paper currency — the
only one which can guard the public against overissues and bank suspen-
sions. As a collateral and eventual security, it is doubtless wise, and in all
cases ought to be required, that banks shall hold an amount of United
States or State securities equal to their notes in circulation and pledged for
their redemption. This, however, furnishes no adequate security against
overissues. On the contrary, it may be perverted to inflate the currency.
Indeed, it is possible by this means to convert all the debts of the United
States and State Governments into bank notes, without reference to the
specie required to redeem them. However valuable these securities may
be in themselves, they can not be converted into gold and silver at the
moment of pressure, as our experience teaches, in sufficient time to pre-
vent bank suspensions and the depreciation of bank notes. In England,
which is to a considerable extent a paper-money country, though vastly
behind our own in this respect, it was deemed advisable, anterior to the
act of Parliament of 1844, which wisely separated the issue of notes from
the banking department, for the Bank of England always to keep on
hand gold and silver equal to one-third of its combined circulation and
deposits. If this proportion was no more than sufficient to secure the
convertibility of its notes with the whole of Great Britain and to some
extent the continent of Europe as a field for its circulation, rendering
it almost impossible that a sudden and immediate run to a dangerous
amount should be made upon it, the same proportion would certainly be
insufficient under our banking system. Each of our i ,400 banks has but
a limited circumference for its circulation, and in the course of a very few
days the depositors and note holders might demand from such a bank
a sufficient amount in specie to compel it to suspend, even although it
had coin in its vaults equal to one-third of its immediate liabilities. And
yet I am not aware, with the exception of the banks of Louisiana, that
any State bank throughout the Union has been required by its charter
to keep this or any other proportion of gold and silver compared with
the amount of its combined circulation and deposits. What has been the
consequence? In a recent report made by the Treasury Department on
the condition of the banks throughout the different States, according
to returns dated nearest to January, 1857, the aggregate amount of actual
specie in their vaults is $58,349,838, of their circulation $214,778,822,
and of their deposits $230,351,352. Thus it appears that these banks in
the aggregate have considerably less than one dollar in seven of gold and
silver compared with their circulation and deposits. It was palpable,

James Buchanan 439

therefore, that the very first pressure must drive them to suspension and
deprive the people of a convertible currency, with all its disastrous conse-
quences. It is truly wonderful that they should have so long continued
to preserve their credit when a demand for the payment of one-seventh
of their immediate liabilities would have driven them into insolvency.
And this is the condition of the banks, notwithstanding that four hun-
dred millions of gold from California have flowed in upon us within the
last eight years, and the tide still continues to flow. Indeed, such has
been the extravagance of bank credits that the banks now hold a consid-
erably less amount of specie, either in proportion to their capital or to
their circulation and deposits combined, than they did before the discovery
of gold in California. Whilst in the year 1848 their specie in proportion
to their capital was more than equal to one dollar for four and a half, in
1857 it does not amount to one dollar for every six dollars and thirty-
three cents of their capital. In the 5'ear 1848 the specie was equal
within a very small fraction to one dollar in five of their circulation and
deposits; in 1857 it is not equal to one dollar in seven and a half of their
circulation and deposits.

From this statement it is easy to account for our financial history for
the last forty years. It has been a history of extravagant expansions
in the business of the countrj', followed by ruinous contractions. At suc-
cessive inter\'als the best and most enterprising men have been tempted
to their ruin by excessive bank loans of mere paper credit, exciting them
to extravagant importations of foreign goods, wild speculations, and
ruinous and demoralizing stock gambling. When the crisis arrives, as
arrive it must, the banks can extend no relief to the people. In a vain
struggle to redeem their liabilities in specie they are compelled to contract
their loans and their issues, and at last, in the hour of distress, when
their assistance is most needed, they and their debtors together sink into
insolvency.

It is this paper .system of extravagant expansion, raising the nominal
price of every article far beyond its real value when compared with the
cost of similar articles in countries whose circulation is wisely regulated,
which has prevented us from competing in our own markets with for-
eign manufacturers, has produced extravagant importations, and has
counteracted the effect of the large iticidetital protection afforded to our
domestic manufactures by the present revenue tariff. But for this the
branches of our manufactures composed of raw materials, the production
of our own country — such as cotton, iron, and woolen fabrics — would not
only have acquired almost exclusive |x)ssession of the home market, but
would have created for themselves a foreign market throughout the world.

Deplorable, however, as may Ihj our present financial coiulition, we
may yet indulge in bright hopes for the future. No other nation has
ever exi.sted which could have endured such violent expansions and con-
tractions of paper credits without lasting injury; yet the buoyancy of

44o Messages and Papers of the Presidents

youth, the energies of our population, and the spirit which never quails
before difficulties will enable us soon to recover from our present finan-
cial embarrassments, and may even occasion us speedily to forget the
lesson which they have taught.

In the meantime it is the duty of the Government, by all proper means
within its power, to aid in alleviating the sufferings of the people occa-
sioned by the suspension of the banks and to provide against a recurrence
of the same calamity. Unfortunately, in either aspect of the case it can
do but little. Thanks to the independent treasury, the Government has
not suspended payment, as it was compelled to do by the failure of the
banks in 1837. It will continue to discharge its liabilities to the people
in gold and silver. Its disbursements in coin will pass into circulation
and materiall}' assist in restoring a sound currency. From its high credit,
should we be compelled to make a temporary loan, it can be effected on
advantageous terms. This, however, shall if possible be avoided, but if
not, then the amount shall be limited to the lowest practicable sum.

I have therefore determined that whilst no useful Government works
already in progress shall be suspended, new works not already commenced
will be postponed if this can be done without injury to the country.
Those necessary for its defense shall proceed as though there had been
no crisis in our monetary affairs.

But the Federal Government can not do much to provide against a
recurrence of existing evils. Even if insurmountable constitutional ob-
jections did not exist against the creation of a national bank, this would
furnish no adequate preventive security. The history of the last Bank of
the United States abundantly proves the truth of this assertion. Such a
bank could not, if it would, regulate the issues and credits of 1,400 State
banks in such a manner as to prevent the ruinous expansions and contrac-
tions in our currency which afflicted the country throughout the existence
of the late bank, or secure us against future suspensions. In 1 825 an effort
was made by the Bank of England to curtail the issues of the country
banks under the most favorable circumstances. The paper currency had
been expanded to a ruinous extent, and the bank put forth all its power
to contract it in order to reduce prices and restore the equilibrium of the
foreign exchanges. It accordingly commenced a system of curtailment
of its loans and issues, in the vain hope that the joint stock and private
banks of the Kingdom would be compelled to follow its example. It
found, however, that as it contracted they expanded, and at the end of the
process, to employ the language of a very high official authority, "what-
ever reduction of the paper circulation was effected by the Bank of Eng-
land (in 1825) was more than made up by the issues of the country
banks. ' '

But a bank of the United States would not, if it could, restrain the
issues and loans of the State banks, because its duty as a regulator of
the currency must often be in direct conflict with the immediate interest

James Buchanan 441

of its stockholders. If we expect one agent to restrain or control
another, their interests must, at least in some degree, be antagonistic.
But the directors of a bank of the United States would feel the same
interest and the same inclination with the directors of the State banks to
expand the currency, to accommodate their favorites and friends with
loans, and to declare large dividends. Such has been our experience in
regard to the last bank.

After all, we must mainly rely upon the patriotism and wisdom of the
States for the prevention and redress of the evil. If they will afford us
a real specie basis for our paper circulation by increasing the denomina-
tion of bank notes, first to twenty and afterwards to fifty dollars; if they
will require that the banks shall at all times keep on hand at least one
dollar of gold and silver for every three dollars of their circulation and
deposits, and if they will provide by a self -executing enactment, which
nothing can arrest, that the moment they suspend they shall go into
liquidation, I believe that such provisions, with a weekly publication by
each bank of a statement of its condition, would go far to secure us
against future suspensions of specie payments.

Congress, in my opinion, possess the power to pass a uniform bank-
rupt law applicable to all banking institutions throughout the United
States, and I strongly recommend its exercise. This would make it the
irreversible organic law of each bank's existence that a suspension of
specie payments shall produce its civil death. The instinct of self-
preser\'ation would then compel it to perform its duties in such a manner
as to escape the penalty and preserve its life.

The existence of banks and the circulation of bank paj^er are so
identified with the habits of our people that they can not at this day
be suddenly abolished without much immediate injur}' to the country. If
we could confine them to their appropriate sphere and prevent them from
administering to the spirit of wild and reckless speculation by extravagant
loans and issues, they might be continued with advantage to the public.

But this I .say, after long and much reflection: If ex|)erience shall
prove it to be impossible to enjoy the facilities which well-regulated
banks might afford without at the same time suffering the calamities
which the excesses of the banks have hitherto inflicted upon the coun-
try, it would then be far the lesser evil to deprive them altogether of the
power to issue a paper currency and confine them to the functions of
banks of deposit and discount.

Our relations with foreign governments are upon the whole in a satis-
factory condition.

The diplomatic difficulties which existed l^etween the Oovernment of
the United States and that of Great Britain at the adjournment of the
last Congress have been happily terminated by the appointment of a
British minister to this country, who has been cordially received.

Whilst it is greatly to the interest, as I am convinced it is the sincere

442 Messages and Papers of the Prestdenis

desire, of the Governments and people of the two countries to be on
terms of intimate friendship with each other, it has been our misfortune
almost always to have had some irritating, if not dangerous, outstanding
question with Great Britain.

Since the origin of the Government we have been employed in nego-
tiating treaties with that power, and afterwards in discussing their true
intent and meaning. In this respect the convention of April 19, 1850,
commonly called the Clayton and Bulwer treaty, has been the most un-
fortunate of all, because the two Governments place directly opposite
and contradictory constructions upon its first and most important article.
Whilst in the United States we believed that this treaty would place both
powers upon an exact equality by the stipulation that neither will ever
"occupy, or fortify, or colonize, or assume, or exercise any dominion"
over any part of Central America, it is contended by the British Gov-
ernment that the true construction of this language has left them in the
rightful possession of all that portion of Central America which was in
their occupancy at the date of the treaty; in fact, that the treaty is a vir-
tual recognition on the part of the United States of the right of Great
Britain, either as owner or protector, to the whole extensive coast of Cen-
tral America, sweeping round from the Rio Hondo to the port and har-
bor of San Juan de Nicaragua, together with the adjacent Bay Islands,
except the comparatively small portion of this between the Sarstoon and
Cape Honduras. According to their construction, the treaty does no
more than simply prohibit them from extending their possessions in Cen-
tral America beyond the present limits. It is not too much to assert
that if in the United States the treaty had been considered susceptible
of such a construction it never would have been negotiated under the
authority of the President, nor would it have received the approbation
of the Senate. The universal conviction in the United States was that
when our Government consented to violate its traditional and time-hon-
ored policy and to stipulate with a foreign government never to occupy
or acquire territory in the Central American portion of our own conti-
nent, the consideration for this sacrifice was that Great Britain should,
in this respect at least, be placed in the same position with ourselves.
Whilst we have no right to doubt the sincerity of the British Govern-
ment in their construction of the treaty, it is at the same time my delib-
erate conviction that this construction is in opposition both to its letter
and its spirit.

Under the late Administration negotiations were instituted between
the two Governments for the purpose, if possible, of removing these dif-
ficulties, and a treaty having this laudable object in view was signed at
Ivondon on the 17th October, 1856, and was submitted by the President
to the Senate on the following loth of December. Whether this treaty,
either in its original or amended form, would have accomplished the ob-
ject intended without giving birth to new and embarrassing complications

James Buchanan 443

between the two Governments, may perhaps be well questioned. Certain
it is, however, it was rendered much less objectionable by the different
amendments made to it by the Senate. The treaty as amended was rati-
fied by me on the 12th March, 1857, ^^^ was transmitted to lyOndon for
ratification by the British Government. That Government expressed its
willingness to concur in all the amendments made by the Senate with
the single exception of the clause relating to Ruatan and the other islands
in the Bay of Honduras. The article in the original treaty as submitted
to the Senate, after reciting that these islands and their inhabitants
"having been, by a convention bearing date the 27th day of August,
1856, between Her Britannic Majesty and the Republic of Honduras,
constituted and declared a free territory under the sovereignty^ of the
said Republic of Honduras, ' ' stipulated that ' ' the two contracting par-
ties do hereby mutually engage to recognize and respect in all future
time the independence and rights of the said free territory as a part of
the Republic of Honduras."

Upon an examination of this convention between Great Britain and
Honduras of the 27th August, 1856, it was found that whilst declaring
the Bay Islands to be "a free territory under the sovereignty of the Re-
public of Honduras ' ' it deprived that Republic of rights without which
its sovereignty over them could scarcely be said to exist. It divided
them from the remainder of Honduras and gave to their inhabitants a
separate government of their own, with legislative, executive, and judi-
cial officers elected by themselves. It deprived the Government of Hon-
duras of the taxing power in every form and exempted the people of the
islands from the performance of military duty except for their own ex-
clusive defense. It also prohibited that Republic from erecting fortifica-
tions upon them for their protection, thus leaving them open to invasion
from any quarter; and, finally, it provided "that slavery shall not at any
time hereafter be permitted to exist therein."

Had Honduras ratified this convention, she would have ratified the
establishment of a state substantially independent within her own limits,
and a state at all times subject to British influence and control. More-
over, had the United States ratified the treaty with Great Britain in its
original form, we should have been lx)und "to recognize and respect in
all future time " the.se stipulations to the prejudice of Honduras. Being
in direct oppo.sition to the spirit and meaning of the Clayton and Bulwer
treaty as understood in the United States, the Senate rejected the entire
clause, and sub.stituted in its stead a simple recognition of the sovereign
right of Honduras to these islands in the following language:

The two contracting parties do licrcby nmtiially engage to recogni/e and resjK'Ct
the islands of Ruatan, lionaco, I'tila, R-irbaretta, Helena, and Morat. situate in the I?ay
of Hondunis and off the coast of the Republic of Honduras, as under the sovereignty
and as part of the .said Republic of Honduras.

Great Britain rejected this amendment, assigning as the onl>- rea.son

444 Messages and Papers of the Presidents

that the ratifications of the convention of the 27th August, 1856, between
her and Honduras had not been ' ' exchanged, owing to the hesitation of
that Government. ' ' Had this been done, it is stated that ' ' Her Majesty's
Government would have had little difiiculty in agreeing to the modifica-
tion proposed by the Senate, which then would have had in effect the
same signification as the original wording." Whether this would have
been the effect, whether the mere circumstance of the exchange of the rati-
fications of the British convention with Honduras prior in point of time
to the ratification of our treaty with Great Britain would ' ' in effect' ' have
had ' ' the same signification as the original wording, ' ' and thus have nul-
lified the amendment of the Senate, may well be doubted. It is, perhaps,
fortunate that the question has never arisen.

The British Government, immediately after rejecting the treaty as
amended, proposed to enter into a new treaty with the United States,
similar in all respects to the treaty which they had just refused to ratify,
if the United States would consent to add to the Senate's clear and
unqualified recognition of the sovereignty of Honduras over the Bay
Islands the following conditional stipulation:

Whenever and so soon as the Republic of Honduras shall have concluded and
ratified a treaty with Great Britain by which Great Britain shall have ceded and the
Republic of Honduras shall have accepted the said islands, subject to the provi-
sions and conditions contained in such treaty.

This proposition was, of course, rejected. After the Senate had
refused to recognize the British convention with Honduras of the 27 th
August, 1856, with full knowledge of its contents, it was impossible
for me, necessarily ignorant of "the provisions and conditions" which
might be contained in a future convention between the same parties, to
sanction them in advance.

The fact is that when two nations like Great Britain and the United
States, mutually desirous, as they are, and I trust ever may be, of main-
taining the most friendly relations with each other, have unfortunately
concluded a treaty which they understand in senses directly opposite,
the wisest course is to abrogate such a treaty by mutual consent and
to commence anew. Had this been done promptly, all difficulties in
Central America would most probably ere this have been adjusted to the
satisfaction of both parties. The time spent in discussing the meaning
of the Clayton and Bulwer treaty would have been devoted to this praise-
worthy purpose, and the task would have been the more easily accom-
plished because the interest of the two countries in Central America is
identical, being confined to securing safe transits over all the routes
across the Isthmus.

Whilst entertaining these sentiments, I shall, nevertheless, not refuse to
contribute to any reasonable adjustment of the Central American ques-
tions which is not practically inconsistent with the American interpreta-
tion of the treaty. Overtures for this purpose have been recently made

James Buchanan 445

by the British Government in a friendly spirit, which I cordially recipro-
cate, but whether this renewed effort will result in success I am not yet
prepared to express an opinion. A brief period will determine.

With France our ancient relations of friendship still continue to exist.
The French Government have in several recent instances, which need
not be enumerated, evinced a spirit of good will and kindness toward
our countr>% which I heartily reciprocate. It is, notwithstanding, much
to be regretted that two nations whose productions are of such a char-
acter as to in\4te the most extensive exchanges and freest commercial
intercourse should continue to enforce ancient and obsolete restrictions
of trade against each other. Our commercial treaty with France is in
this respect an exception from our treaties with all other commercial
nations. It jealously levies discriminating duties both on tonnage and
on articles the growth, produce, or manufacture of the one country
when arriving in vessels belonging to the other.

More than forty years ago, on the 3d March, 18 15, Congress passed an
act offering to all nations to admit their vessels laden with their national
productions into the ports of the United States upon the same terms with
our own vessels provided they would reciprocate to us similar advantages.
This act confined the reciprocity to the productions of the respective for-
eign nations who might enter into the proposed arrangement with the
United States. The act of May 24, 1828, removed this restriction and
offered a similar reciprocity to all such vessels without reference to the
origin of their cargoes. Upon these principles our commercial treaties
and arrangements have been founded, except with France, and let us
hope that this exception may not long exist.

Our relations with Russia remain, as they have ev'er been, on the most
friendly footing. The present Emperor, as well as his predecessors,
have never failed when the occasion offered to manifest their good will
to our country', and their friendship has always been highly appreciated
by the Government and people of the United States.

With all other European Governments, except that of Spain, our rela-
tions are as peaceful as we could desire. I regret to say that no progress
whatever has been made since the adjournment of Congress toward the
settlement of any of the numerous claims of our citizens against the Span-
ish Government. Besides, the outrage committed on our flag by the
Spanish war frigate Fcrrolana on the high seas off the coast of Cuba in
March, 1855, by firing into the American mail steamer lil Dorado and
detaining and searching her, remains unacknowledged and imredressed.
The general tone and temper of the Spanish Government toward that of
the United States are much to l^e regretted. Our present envoy extraordi-
nary and mini.ster plenipotentiary' to Madrid has asked to l)e recalled, and
it is my purpose to send out a new minister to Spain with special instnic-
tions on all questions pending lietween the two Govenmients, and with
a determination to have them speedily and amicably adjusted if this be

446 Messages and Papers of the Presidents

possible. In the meantime, whenever our minister urges the just claims
of our citizens on the notice of the Spanish Government he is met with the
objection that Congress has never made the appropriation recommended
by President Polk in his annual message of December, 1847, "to l^e paid
to the Spanish Government for the purpose of distribution among the
claimants in the Amistad case." A similar recommendation was made
Ijy my immediate predecessor in his message of December, 1853, and en-
tirely concurring with lx)th in the opinion that this indemnity is justly due
under the treaty with Spain of the 27th of October, 1795, I earnestly rec-
ommend such an appropriation to the favorable consideration of Congress.

A treaty of friendship and commerce was concluded at Constantinople
on the 13th December, 1856, between the United States and Persia, the
ratifications of which were exchanged at Constantinople on the 13th June,
1857, and the treaty was proclaimed b}" the President on the i8th August,
1857. This treaty, it is believed, will prove beneficial to American com-
merce. The Shah has manifested an earnest disposition to cultivate
friendly relations with our country, and has expressed a strong wish that
we should be represented at Teheran by a minister plenipotentiary; and
I recommend that an appropriation be made for this purpose.

Recent occurrences in China have been unfavorable to a revision of
the treaty with that Empire of the 3d July, 1844, with a view to the
security and extension of our commerce. The twenty-fourth article
of this treaty stipulated for a revision of it in case experience should
prove this to be requisite, "in which case the two Governments will,
at the expiration of twelve years from the date of said convention, treat
amicably concerning the same by means of suitable persons appointed
to conduct such negotiations." These twelve years expired on the 3d
July, 1856, but long before that period it was ascertained that important
changes in the treaty were necessary, and several fruitless attempts were
made by the commissioner of the United States to effect these changes.
Another effort was about to be made for the same purpose hy our com-
missioner in conjunction with the ministers of England and France, but
this was suspended by the occurrence of hostilities in the Canton River
between Great Britain and the Chinese Empire. These ho.stilities have
necessarily interrupted the trade of all nations with Canton, which is
now in a state of blockade, and have occasioned a serious loss of life and
property. Meanwhile the insurrection within the Empire against the
existing imperial dynasty still continues, and it is difficult to anticipate
what will be the result.

Under these circumstances I have deemed it advisable to appoint a
distinguished citizen of Pennsylvania envoy extraordinary and minister
plenipotentiary to proceed to China and to avail himself of any opportu-
nities which may offer to effect changes in the existing treaty favorable
to American commerce. He left the United States for the place of his
destination in July last in the war steamer Minnesota. Special ministers

James Buchanan 447

to China have also been appointed by the Governments of Great Britain
and France.

Whilst our minister has been instructed to occupy a neutral position
in reference to the existing hostilities at Canton, he will cordially coop-
erate with the British and French ministers in all peaceful measures to
secure by treaty stipulations those just concessions to commerce which
the nations of the w^orld have a right to expect and which China can not
long be permitted to withhold. From assurances received I entertain no
doubt that the three ministers will act in harmonious concert to obtain
similar commercial treaties for each of the powers they represent.

We can not fail to feel a deep interest in all that concerns the wel-
fare of the independent Republics on our own continent, as well as of the
Empire of Brazil.

Our difficulties with New Granada, which a short time since bore so
threatening an aspect, are, it is to be hoped, in a fair train of settlement
in a manner just and honorable to both parties.

The isthmus of Central America, including that of Panama, is the
great highway between the Atlantic and Pacific over which a large por-
tion of the commerce of the world is destined to pass. The United States
are more deeply interested than any other nation in preserving the free-
dom and security of all the communications across this isthmus. It is
our duty, therefore, to take care that they shall not be interrupted either
by invasions from our own country or by wars between the independ-
ent States of Central America. Under our treaty with New Granada of
the 12th December, 1846, we are bound to guarantee the neutrality of the
Isthmus of Panama, through which the Panama Railroad passes, "as
well as the rights of sovereignty and property which New Granada has
and possesses over the said territory. ' ' This obligation is founded upon
equivalents granted by the treaty to the Government and people of the
United States.

Under these circumstances I recommend to Congress the passage of an
act authorizing the President, in case of necessity, to employ the land and
naval forces of the United States to carry into effect this guaranty of
neutrality and protection. I also recommend similar legislation for the
.security of any other route acro.ss the Isthmus in which we may acquire
an interest by treaty.

With the independent Republics on this continent it is both our duty
and our interest to cultivate the mo.st friendly relations. We can never
feel indifferent to their fate, and mu.st always rejoice in their pro.sperity.
Unfortunately lx)th for them and for us, our example and advice have
lo.st much of their influence in con.sequence of the lawless expeditions
which have been fitted out against some of them within the limits of our
country. Nothing is better calculated to retard our steady material
progress or impair our character as a nation than the toleration of such
enterprises in violation of the law of nations.

448 Messages and Papers of the Presidents

It is one of the first and highest duties of any independent state in its
relations with the members of the great family of nations to restrain its
people from acts of hostile aggression against their citizens or subjects.
The most eminent writers on public law do not hesitate to denounce such
hostile acts as robbery and murder.

Weak and feeble states like those of Central America may not feel
themselves able to assert and vindicate their rights. The case would be
far different if expeditions were set on foot within our own territories to
make private war against a powerful nation. If such expeditions were
fitted out from abroad against any portion of our own country, to bum
down our cities, murder and plunder our people, and usurp our Govern-
ment, we should call any power on earth to the strictest account for not
preventing such enormities.

Ever since the Administration of General Washington acts of Con-
gress have been enforced to punish severely the crime of setting on foot
a military expedition within the limits of the United States to proceed
from thence against a nation or state with whom we are at peace. The
present neutrality act of April 20, 18 18, is but little more than a collection
of preexisting laws. Under this act the President is empowered to employ
the land and naval forces and the militia ' ' for the purpose of preventing
the carrying on of any such expedition or enterprise from the territories
and jurisdiction of the United States," and the collectors of customs are
authorized and required to detain any vessel in port when there is rea-
son to believe she is about to take part in such lawless enterprises.

When it was first rendered probable that an attempt would be made to
get up another unlawful expedition against Nicaragua, the Secretary of
State issued instructions to the marshals and district attorneys, which
were directed by the Secretaries of War and the Navy to the appropriate
army and navy officers, requiring them to be vigilant and to use their
best exertions in carrying into effect the provisions of the act of 18 18.
Notwithstanding these precautions, the expedition has escaped from our
shores. Such enterprises can do no possible good to the country, but
have already inflicted much injury both on its interests and its character.
They have prevented peaceful emigration from the United States to the
States of Central America, which could not fail to prove highly benefi-
cial to all the parties concerned. In a pecuniary point of view alone our
citizens have sustained heavy losses from the seizure and closing of the
transit route by the San Juan between the two oceans.

The leader of the recent expedition was arrested at New Orleans, but
was discharged on giving bail for his appearance in the insufficient sum
of $2,000.

I commend the whole subject to the serious attention of Congress,
believing that our duty and our interest, as well as our national charac-
ter, require that we should adopt such measures as will be effectual in
restraining our citizens from committing such outrages.

James Buchanan 449

I regret to inform you that the President of Paraguay has refused to
ratify the treaty between the United States and that State as amended by
the Senate, the signature of which was mentioned in the message of my
predecessor to Congress at the opening of its session in December, 1853.
The reasons assigned for this refusal will appear in the correspondence
herewith submitted.

It being desirable to ascertain the fitness of the river La Plata and
its tributaries for navigation by steam, the United States steamer Water
Witch was sent thither for that purpose in 1853. This enterprise was
successfully carried on until February, 1855, when, whilst in the peaceful
prosecution of her voyage up the Parana River, the steamer was fired
upon by a Paraguayan fort. The fire was returned, but as the Water
Witch was of small force and not designed for offensive operations, she
retired from the conflict. The pretext upon which the attack was made
was.a decree of the President of Paraguay of October, 1854, prohibiting
foreign vessels of war from navigating the rivers of that State. As Para-
guay, however, was the owner of but one bank of the river of that name,
the other belonging to Corientes, a State of the Argentine Confedera-
tion, the right of its Government to expect that such a decree would be
obeyed can not be acknowledged. But the Water Witch was not, prop-
erly speaking, a vessel of war. She was a small steamer engaged in
a scientific enterprise intended for the advantage of commercial states
generall)\ Under these circumstances I am constrained to consider
the attack upon her as unjustifiable and as calling for satisfaction from
the Paraguayan Government.

Citizens of the United States also who were established in business in
Paraguay have had their property seized and taken from them, and have
othervvise been treated by the authorities in an insulting and arbitrary
manner, which requires redress.

A demand for these purposes will be made in a firm but conciliatory
spirit. This will the more probably l)e granted if the Executive shall
have authority to use other means in the event of a refusal. This is
accordingh" recommended.

It is unnecessary to state in detail the alarming condition of the Terri-
tory of Kansas at the time of my inauguration. The opposing parties then
stood in hostile array against each other, and any accident might have
relighted the flames of civil war. Besides, at this critical moment Kansas
was left without a governor by the resignation of Governor Gear}'.

On the 19th of February previous the Territorial legislature had passed
a law providing for the election of delegates on the third Monday of June
to a convention to meet on the first Monday of September for the pur-
pose of framing a constitution pre])aratory to admission into the Union.
This law was in the main fair and ju.st, and it is to be regretted tliat all
the qualified electors had not registered themselves and voted under its
provisions.

M P— vol, v— 29

450 Messages and Papers of the Presidents

At the time of the election for delegates an extensive organization
existed in the Territory whose avowed object it was, if need be, to put
down the lawful government hy force and to establish a government of
their own under the so-called Topeka constitution. The persons attached
to this revolutionary organization abstained from taking any part in the
election.

The act of the Territorial legislature had omitted to provide for sub-
mitting to the people the constitution which might be framed by the
convention, and in the excited state of public feeling throughout Kan-
sas an apprehension extensively prevailed that a design existed to force
upon them a constitution in relation to slavery against their will. In
this emergency it became my duty, as it was my unquestionable right,
having in view the union of all good citizens in support of the Territo-
rial laws, to express an opinion on the true construction of the provisions
concerning slavery contained in the organic act of Congress of the 30th
May, 1854. Congress declared it to be "the true intent and meaning
of this act not to legislate slavery into any Territory or State, nor to ex-
clude it therefrom, but to leave the people thereof perfectly free to form
and regulate their domestic institutions in their own way." Under it
Kansas, "when admitted as a State," was to "be received into the Union
with or without slavery, as their constitution may prescribe at the time
of their admission. ' '

Did Congress mean hy this language that the delegates elected to
frame a constitution should have authority finally to decide the question
of slavery, or did the)^ intend by leaving it to the people that the people of
Kansas themselves should decide this question by a direct vote? On this
subject I confess I had never entertained a serious doubt, and therefore
in my instructions to Governor Walker of the 28th March last I merely
said that when ' ' a constitution shall be submitted to the people of the
Territory they must be protected in the exercise of their right of voting
for or against that instrument, and the fair expression of the popular will
must not be interrupted by fraud or violence. ' '

In expressing this opinion it was far from my intention to interfere
with the decision of the people of Kansas, either for or against slavery.
From this I have always carefully abstained. Intrusted with the duty
of taking "care that the laws be faithfully executed," my only desire
was that the people of Kansas should furnish to Congress the evidence
required by the organic act, whether for or against slavery, and in this
manner smooth their passage into the Union. In emerging from the
condition of Territorial dependence into that of a sovereign State it was
their duty, in my opinion, to make known their will b}' the votes of the
majority on the direct question whether this important domestic institu-
tion should or should not continue to exist. Indeed, this was the only
possible mode in which their will could be authentically ascertained.

The election of delegates to a convention must necessarily take place

James Buchanan 451

in separate districts. From this cause it may readily happen, as has
often been the case, that a majority of the people of a State or Territory
are on one side of a question, whilst a majority of the representatives
from the several districts into which it is divided may be upon the other
side. This arises from the fact that in some districts delegates may
be elected by small majorities, whilst in others those of different sen-
timents may receive majorities sufficiently great not only to overcome
the votes given for the former, but to leave a large majority of the whole
people in direct opposition to a majoritj' of the delegates. Besides, our
history proves that influences may be brought to bear on the represent-
ative sufi&cientl}' powerful to induce him to disregard the will of his con-
stituents. The truth is that no other authentic and satisfactory' mode
exists of ascertaining the \\dll of a majority of the people of any State or
Tijrritory on an important and exciting question like that of slavery in
Kansas except by leaving it to a direct vote. How wise, then, was it for
Congress to pass over all subordinate and intermediate agencies and pro-
ceed directly to the source of all legitimate power under our institutions!

How vain would any other principle prove in practice! This may
be illustrated by the case of Kansas. Should she be admitted into
the Union with a constitution either maintaining or abolishing slavery
against the sentiment of the people, this could have no other effect than
to continue and to exasperate the existing agitation during the brief
period required to make the constitution conform to the irresistible will
of the majority.

The friends and supporters of the Nebraska and Kansas act, when
struggling on a recent occasion to sustain its wise provisions before the
great tribunal of the American people, never differed about its true mean-
ing on this subject. Everywhere throughout the Union they publicly
pledged their faith and their honor that they would cheerfulh' submit the
question of slavery to the decision of the bona fide people of Kansas,
without any restriction or qualification whatever. All were cordially
united upon the great doctrine of popular sovereignty, which is the vital
principle of our free institutions. Had it then been insinuated from
any quarter that it would be a sufficient compliance with the requisitions
of the organic law for the members of a convention thereafter to be
elected to withhold the question of slavery from the people and to sub-
stitute their own will for that of a legally ascertained majority of all
their constituents, this would have been instantly rejected. Everywhere
they remained true to the resolution adopted on a celebrated occasion
recognizing "the right of the people of all the Territories, including
Kansas and Nebraska, acting through the legally and fairly expressed
will of a majority of actual residents, and whenever the innn])er of their
inhabitants justifies it. to form a constitution with or without slavery
and l)e admitted into the Union U]X)n terms of j)erfcct equality with the
other States. ' '

452 Messages and Papers of the Presidents

The convention to frame a constitution for Kansas met on the first
Monda)'- of September last. They were called together by virtue of an
act of the Territorial legislature, whose lawful existence had been recog-
nized by Congress in different forms and by different enactments. A
large proportion of the citizens of Kansas did not think proper to register
their names and to vote at the election for delegates; but an opportunity
to do this having been fairly afforded, their refusal to avail themselves
of their right could in no manner affect the legality of the convention.

This convention proceeded to frame a constitution for Kansas, and
finally adjourned on the 7th day of November. But little difficulty
occurred in the convention except on the subject of slavery. The truth
is that the general provisions of our recent State constitutions are so
similar and, I may add, so excellent that the difference between them
is not essential. Under the earlier practice of the Government no con-
stitution framed by the convention of a Territor>" preparatory to its
admission into the Union as a State had been submitted to the people.
I trust, however, the example set b}' the last Congress, requiring that
the constitution of Minnesota "should be vSubject to the approval and
ratification of the people of the proposed State," may be followed on
future occasions. I took it for granted that the convention of Kansas
would act in accordance with this example, founded, as it is, on correct
principles, and hence my instructions to Governor Walker in favor of
submitting the constitution to the people were expressed in general and
unqualified terms.

In the Kansas- Nebraska act, however, this requirement, as applicable
to the whole constitution, had not been inserted, and the convention
were not bound by its terms to submit any other portion of the instru-
ment to an election except that which relates to the ' ' domestic institu-
tion" of slavery. This will be rendered clear by a simple reference to
its language. It was "not to legislate slavery into any Territory or
State, nor to exclude it therefrom, but to leave the people thereof per-
fectly free to form and regulate their domestic institutions in their own
way." According to the plain construction of the sentence, the words
"domestic institutions" have a direct, as they have an appropriate, ref-
erence to slaver3\ "Domestic institutions" are limited to the family.
The relation between master and slave and a few others are ' ' domestic
institutions," and are entirely distinct from institutions of a political
character. Besides, there was no question then before Congress, nor,
indeed, has there since been any serious question before the people of
Kansas or the country-, except that which relates to the "domestic insti-
tution" of slavery.

The convention, after an angr^' and excited debate, finally determined,
by a majority of only two, to submit the question of slavery to the people,
though at the last forty-three of the fifty delegates present affixed their
signatures to the constitution.

Jatnes Buchanan 453

A large majority of the convention were in favor of establishing slaver}-
in Kansas. They accordingly inserted an article in the constitution for
this purpose similar in form to those which had been adopted by other
Territorial conventions. In the schedule, however, providing for the
transition from a Territorial to a State government the question has
been fairly and explicitl}' referred to the people whether they will have
a constitution "with or without slaver>\" It declares that before the
constitution adopted by the convention ' ' shall be sent to Congress for
admission into the Union as a State ' ' an election shall be held to decide
this question, at which all the white male inhabitants of the Territory
above the age of 21 are entitled to vote. They are to vote by ballot, and
"the ballots cast at said election shall be indorsed 'constitution with
slavery' and 'constitution with no slaverJ^' " If there be a majority in
favor of the "constitution with slaverj^" then it is to be transmitted to
Congress by the president of the convention in its original form; if, on
the contrary, there shall lae a majorit}- in favor of the "constitution with
no slavery," "then the article providing for slavery- shall be stricken
from the constitution by the president of this convention ; ' ' and it is
expressly declared that ' ' no slavery shall exist in the State of Kansas,
except that the right of property in slaves now in the Territory- shall in
no manner be interfered with;" and in that event it is made his duty to
have the constitution thus ratified transmitted to the Congress of the
United States for the admission of the State into the Union.

At this election every citizen will have an opportunity of expressing
his opinion by his vote "whether Kansas shall be received into the
Union with or without slaver>'," and thus this exciting question may be
peacefully settled in the very mode required by the organic law. The
election will be held under legitimate authorit}', and if any jx)rtion of
the inhabitants shall refuse to vote, a fair opportunity' to do so having
Ijeen presented, this will be their own voluntary act and they alone will
be resjxmsible for the consequences.

Whether Kansas .shall lie a free or a slave State nuist eventually, under
some authority, be decided by an election; and the question can never be
more clearly or distinctly presented to the people than it is at the present
moment. Should this opjx)rtunity \vt rejected she may Ix^ involved for
years in domestic discord, and }x).s.sibly in civil war, Ix^fore .she can again
make up the is.sue now .so fortunately tendered and again reach the point
she has already attained.

Kansas has for some years (x^cupied too much of the public attention.
It is high time this should Ixi directed to far more important objects.
When once admitted into the Union, whether with or without slavery,
the excitement beyond her own limits will sjK-edily jxi.ss away, and she
will then for the first time Ix: left, as .she ought to have Ix-en long since,
to manage her own affairs in her own way. If her constitution on the
subject of slavery or on any other subject be displeasing to a majority

454 Messages and Papers of the Presidents

of the people, no human power can prevent them from changing it within
a brief period. Under these circumstances it maj' well be questioned
whether the peace and quiet of the whole country are not of greater
importance than the mere temporar}- triumph of either of the political
parties in Kansas.

Should the constitution without slavery be adopted b}- the votes of the
majority, the rights of property in slaves now in the Territory are re-
served. The number of these is very small, but if it were greater the
provision would be equally just and reasonable. The slaves were brought
into the Territory under the Constitution of the United States and are
now the property of their masters. This point has at length been finally
decided by the highest judicial ti'ibunal of the countrj-, and this upon
the plain principle that when a confederacy of sovereign States acquire
a new territory at their joint expense both equality and justice demand
that the citizens of one and all of them shall have the right to take into
it whatsoever is recognized as property by the common Constitution.
To have summarily confiscated the property in slaves already in the Terri-
tory would have been an act of gross injustice and contrary to the prac-
tice of the older States of the Union which have abolished slaver}-.

A Territorial government was established for Utah by act of Congress
approved the 9th September, 1850, and the Constitution and laws of the
United States were thereby extended over it "so far as the same or any
provisions thereof may be applicable. ' ' This act provided for the ap-
pointment by the President, by and with the advice and consent of the
Senate, of a governor (who was to be ex officio superintendent of Indian
affairs), a secretary, three judges of the supreme court, a marshal, and
a district attornej'. Subsequent acts provided for the appointment of the
officers necessary to extend our land and our Indian S3"stem over the Ter-
ritor}'. Brigham Young was appointed the first governor on the 20th Sep-
tember, 1850, and has held the office ever since. Whilst Governor Young
has been both governor and superintendent of Indian affairs throughout
this period, he has been at the same time the head of the church called
the Latter-day Saints, and professes to govern its members and dispose of
their property by direct inspiration and authority from the Almighty.
His power has been, therefore, absolute over both church and state.

The people of Utah almost exclusively belong to this church, and
believing with a fanatical spirit that he is governor of the Territory by
divine appointment, they otey his commands as if these were direct
revelations from Heaven. If, therefore, he chooses that his government
shall come into collision with the Government of the United States, the
members of the Mormon Church will ^ield implicit obedience to his will.
Unfortunately, existing facts leave but little doubt that such is his deter-
mination. Without entering upon a minute history of occurrences, it is
sufficient to say that all the officers of the United States, judicial and
executive, with the single exception of two Indian agents, have found it

James Buchanan 455

necessary for their own personal safety to withdraw from the Territory,
and there no longer remains any government in Utah but the despotism
of Brigham Young. This being the condition of affairs in the Territory,
I could not mistake the path of duty. As Chief Executive Magistrate I
was bound to restore the supremacy of the Constitution and laws within
its limits. In order to effect this purpose, I appointed a new governor
and other Federal officers for Utah and sent with them a military force
for their protection and to aid as a posse comitates in case of need in the
execution of the laws.

With the religious opinions of the Mormons, as long as they remained
mere opinions, however deplorable in themselves and revolting to the
moral and religious sentiments of all Christendom, I had no right to in-
terfere. Actions alone, when in violation of the Constitution and laws of
the United States, become the legitimate subjects for the jurisdiction
of the civil magistrate. My instructions to Governor Cumming have
therefore been framed in strict accordance with these principles. At
their date a hope was indulged that no necessit}- might exist for employ-
ing the military in restoring and maintaining the authority of the law,
but this hope has now vanished. Governor Young has by proclama-
tion declared his determination to maintain his power hy force, and has
already committed acts of hostility against the United States. Unless he
should retrace his steps the Territory of Utah will be in a state of open
rebellion. He has committed these acts of hostility notwithstanding
Major Van Vliet, an officer of the Army, sent to Utah by the Command-
ing General to purclia.se provisions for the troops, had given him the
strongest assurances of the peaceful intentions of the Government, and
that the troops would only be employed as a posse comitatiis when called
on by the civil authority to aid in the execution of the laws.

There is rea.son to believe that Governor Young has long contemplated
this result. He knows that the continuance of his despotic power
depends upon the exclUvSion of all settlers from the Territory' except
those who will acknowledge his divine mission and implicitly obej^ his
will, and that an enlightened public opinion there would soon prostrate
institutions at war with the laws both of God and man. He has there-
fore for several years, in order to maintain his independence, been indus-
triously employed in collecting and fabricating arms and numitions of
war and in disciplining the Mormons for military .service. As superin-
tendent of Indian affairs he has liad an o])portU!nty of tampering with
the Indian tribes and exciting their ho.stile feelings against the United
States. This, according to our information, he has accomplished in
regard to some of these tril)es, while others have remained true to their
allegiance and have communicated his intrigues to our Indian agents.
He has laid in a store of provisions for three years, which in ca.se of ne-
cessity, as he informed Major \'an \'Het. he will conceal, "and then take
to the mountaius and bid defiance to all the powers of the Government. ' '

456 Messages and Papers of the Presidents

A great part of all this may be idle boasting, but yet no wise gov-
ernment will lightly estimate the efforts which may be inspired by such
frenzied fanaticism as exists among the Mormons in Utah. This is the
first rebellion which has existed in our Territories, and humanity itself
requires that we should put it down in such a manner that it shall be
the last. To trifle with it would be to encourage it and to render it
formidable. We ought to go there with such an imposing force as to
convince these deluded people that resistance w^ould be vain, and thus
spare the effusion of blood. We can in this manner best convince them
that w"e are their friends, not their enemies. In order to accomplish
this object it will be necessar}', according to the estimate of the War
Department, to raise four additional regiments; and this I earnestly
recommend to Congress. At the present moment of depression in the
revenues of the country I am sorry to be obliged to recommend such a
measure; but I feel confident of the support of Congress, cost what it
may, in suppressing the insurrection and in restoring and maintaining
the sovereignty of the Constitution and laws over the Territory of Utah.

I recommend to Congress the establishment of a Territorial govern-
ment over Arizona, incorporating with it such portions of New Mexico
as they may deem expedient. I need scarcely adduce arguments in
support of this recommendation. We are bound to protect the lives and
the propert}^ of our citizens inhabiting Arizona, and these are now with-
out any efficient protection. Their present number is alread}^ consider-
able, and is rapidly increasing, notwithstanding the disadvantages under
which they labor. Besides, the proposed Territory is believed to be rich
in mineral and agricultural resources, especially in silver and copper.
The mails of the United States to California are now carried over it
throughout its whole extent, and this route is known to be the nearest
and believed to be the best to the Pacific.

I/5ng experience has deeply convinced me that a strict construction of
the powers granted to Congress is the only true, as well as the only safe,
theory of the Constitution. Whilst this principle shall guide my public
conduct, I consider it clear that under the war-making power Congress
may appropriate money for the construction of a military road through
the Territories of the United States when this is absolutely necessary for
the defense of any of the States against foreign invasion. The Constitu-
tion has conferred upon Congress power ' ' to declare war, " "to raise and
support armies, " "to provide and maintain a nav}^ ' ' and to call forth the
militia to ' ' repel invasions. ' ' These high sovereign powers necessarily
involve important and responsible public duties, and among them there
is none so sacred and so imperative as that of preserving our soil from
the invasion of a foreign enemy. The Constitution has therefore left
nothing on this point to construction, but expressly requires that "the
United States shall protect each of them [the States] against invasion."
Now if a military road over our own Territories be indispensably nee-

James Buchanan 457

essary to enable us to meet and repel the invader, it follows as a necessary
consequence not only that we possess the power, but it is our imperative
duty to construct such a road. It would be an absurdity to invest a
government with the unlimited power to make and conduct war and at
the same time deny to it the only means of reaching and defeating the
enemy at the frontier. Without such a road it is quite evident we can
not "protect" California and our Pacific possessions "against invasion."
We can not by any other means transport men and munitions of war from
the Atlantic States in sufficient time successfully to defend these remote
and distant portions of the Republic.

Experience has proved that the routes across the isthmus of Central
America are at best but a very uncertain and unreliable mode of com-
munication. But eveti if this were not the case, they would at once be
closed against us in the event of war with a naval power so much stronger
than our own as to enable it to blockade the ports at either end of these
routes. After all, therefore, we can only rely upon a military road
through our own Territories; and ever since the origin of the Govern-
ment Congress has been in the practice of appropriating money from the
public Treasury for the construction of such roads.

The difficulties and the expense of constructing a military railroad to
connect our Atlantic and Pacific States have been greatly exaggerated.
The distance on the Arizona route, near the thirt3'-.second parallel of north
latitude, between the western boundary of Texas, on the Rio Grande, and
the eastern boundary of California, on the Colorado, from the best explo-
rations now within our knowledge, does not exceed 470 miles, and the
face of the country is in the main favorable. For obvious reasons the
Government ought not to undertake the work itself by means of its own
agents. This ought to be committed to other agencies, which Congress
might assist, either by grants of land or money, or by both, upon such
terms and conditions as they may deem most beneficial for the country.
Provision might thus be made not only for the safe, rapid, and econom-
ical transportation of troops and munitions of war, but also of the public
mails. The commercial interests of the whole country, both Kast and
West, would be greatly promoted In- such a road, and, above all, it would
be a powerful additional bond of union. And although advantages of
this kind, whether postal, connnercial. or jx)litical, can not confer consti-
tutional }K)wer, yet they may furnish auxiliary arguments in favor of
expediting a work which, in my judgment, is clearly embraced within
the war-making power.

For the.se rea.sons I commend to the friendly consideration of Congress
the subject of the Pacific Railroad, without finally committing myself to
an}' particular route.

The report of the Secretary of the Treasury will furnish a detailed
statement of the condition of the jniblic finances and of the resi)ecti\e
branches of the public service devolved upon that Department of the

458 Messages and Papers of the Presidents

Government. By this report it appears that the amount of revenue
received from all sources into the Treasury during the fiscal year ending
the 30th June, 1857, was $68,631,513.67, which amount, with the balance
of $19,901,325.45 remaining in the Treasury at the commencement of
the 3'ear, made an aggregate for the ser\nce of the year of $88,532,839. 12,

The public expenditures for the fiscal year ending 30th June, 1857,
amounted to $70,822,724.85, of which $5,943,896.91 were applied to the
redemption of the public debt, including interest and premium, leaving
in the Treasur^^ at the commencement of the present fiscal year, on the
ist July, 1857, $17,710,114.27.

The receipts into the Treasury for the first quarter of the present fis-
cal j'ear, commencing ist July, 1857, were $20,929,819.81, and the esti-
mated receipts of the remaining three quarters to the 30th June, 1858,
are $36,750,000, making, with the balance before stated, an aggregate of
$75,389,934.08 for the service of the present fiscal year.

The actual expenditures during the first quarter of the present fiscal
year were $23,714,528.37, of which $3,895,232.39 were applied to the
redemption of the public debt, including interest and premium. The
probable expenditures of the remaining three quarters to 30th June,
1858, are $51,248,530.04, including interest on the public debt, making
an aggregate of $74,963,058.41, leaving an estimated balance in the
Treasury at the close of the present fiscal year of $426,875.67.

The amount of the public debt at the copimencement of the present
fiscal 3^ear was $29,060,386.90.

The amount redeemed since the ist of Julj^ was $3,895,232.39, leaving
a balance unredeemed at this time of $25,165,154.51.

The amount of estimated expenditures for the remaining three quarters
of the present fiscal year will in all probability be increased from the
causes set forth in the report of the Secretary. His suggestion, therefore,
that authorit}' should be given to supply any temporary deficiency by the
issue of a limited amount of Treasury notes is approved, and I accord-
ingly recommend the passage of such a law.

As .stated in the report of the Secretary, the tariff of March 3, 1857,
has been in operation for so short a period of time and under circum-
stances so unfavorable to a just development of its results as a revenue
measure that I should regard it as inexpedient, at least for the present,
to undertake its revision.

I transmit herewith the reports made to me by the Secretaries of War
and of the Navy, of the Interior, and of the Postmaster- General. They
all contain valuable and important information and suggestions, which I
commend to the favorable consideration of Congress.

I have already recommended the raising of four additional regiments,
and the report of the Secretary of War presents strong reasons proving
this increase of the Army under existing circumstances to be indis-
pensable.

Ja7ncs Buchanan 459

I would call the special attention of Congress to the recommendation
of the Secretary of the Navy in favor of the construction of ten small
war steamers of light draft. For some years the Government has been
obliged on many occasions to hire such steamers from indi\'iduals to sup-
ply its pressing wants. At the present moment we have no armed vessel
in the Navy which can penetrate the rivers of China. We have but few
which can enter any of the harbors south of Norfolk, although many
millions of foreign and domestic commerce annually pass in and out of
these harbors. Some of our most valuable interests and most vulnerable
points are thus left exposed. This class of vessels of light draft, great
speed, and heavy guns would be formidable in coast defense. The cost
of their construction will not be great and they will require but a com-
paratively small expenditure to keep them in commission. In time of
peace they will prove as effective as much larger vessels and more useful.
One of them should be at ever>' station where we maintain a squadron,
and three or four should be constantly employed on our Atlantic and
Pacific coasts. Economy, utility, and efficiency combine to recommend
them as almost indispensable. Ten of these small vessels would be of
incalculable advantage to the naval service, and the whole cost of their
construction would not exceed $2,300,000, or $230,000 each.

The report of the Secretary of the Interior is worthy of grave consid-
eration. It treats of the numerous important and diversified branches
of domestic administration intrusted to him Ijy law. Among these the
most prominent are the public lands and our relations with the Indians.

Our system for the disposal of the public lands, originating with the
fathers of the Republic, has been improved as experience pointed the
way, and gradually adapted to the growth and settlement of our Western
States and Territories. It has worked well in practice. Already thir-
teen States and seven Territories have been carved out of these lands,
and still more than a thousand millions of acres remain unsold. What
a lx)undless prospect this presents to our country of future prosperity
and power!

We have heretofore disposed of 363,862,464 acres of the public land.

Whilst the public lands, as a .source of reveiuie, are of great im])or-
tance, their importance is far greater as furnishing homes for a hardy and
independent race of honest and industrious citizens who desire to sub-
due and cultivate the .soil. They ought to be administered mainly with
a view of promoting this wi.se and benevolent iK)Hcy. In appropriating
them for any other purpo.se we ought to use even greater econonu' than
if they had lx;en converted iiUo money and the i)r(x:eeds were ahcady in
the public Treasury. To .scjuander away this richest and n()l)kst inherit-
ance which any people have ever enjoyed upon ol)jects of doubtful con-
stitutionality or expediency would be to violate one of the most iiiiiM)rtant
tnists ever committed to any people. Whilst I do not (k-ii)- to Congress
the power, when acting bona fide as a proprietor, to give away jxjrtions

460 Messages and Papers of the Presidents

of them for the purpose of increasing the value of the remainder, yei,
considering the great temptation to abuse this power, we can not be too
cautious in its exercise.

Actual settlers under existing laws are protected against other pur-
chasers at the public sales in their right of preemption to the extent of a
quarter section, or 160 acres, of land. The remainder maj^ then be dis-
posed of at public or entered at private sale in unlimited quantities.

Speculation has of late years prevailed to a great extent in the public
lands. The consequence has been that large portions of them have
become the property of individuals and companies, and thus the price is
greatly enhanced to those who desire to purchase for actual settlement.
In order to limit the area of speculation as much as possible, the extinc-
tion of the Indian title and the extension of the public surveys ought
only to keep pace with the tide of emigration.

If Congress should hereafter grant alternate sections to States or com-
panies, as they have done heretofore, I recommend that the intermediate
sections retained by the Government should be subject to preemption by
actual settlers.

It ought ever to be our cardinal policy to reser\'e the public lands as
much as may be for actual settlers, and this at moderate prices. We
shall thus not only best promote the prosperity of the new States and
Territories and the power of the Union, but shall secure homes for our
posterity for many generations.

The extension of our limits has brought within our jurisdiction many
additional and populous tribes of Indians, a large proportion of which are
wild, untractable, and difficult to control. Predatory and warlike in their
disposition and habits, it is impossible altogether to restrain them from
committing aggressions on each other, as well as upon our frontier citi-
zens and those emigrating to our distant States and Territories. Hence
expensive military expeditions are frequently necessary to overawe and
chastise the more lawless and hostile.

The present system of making them valuable presents to influence
them to remain at peace has proved ineffectual. It is believed to be the
better policy to colonize them in suitable localities where they can receive
the rudiments of education and be gradually induced to adopt habits of
industry. So far as the experiment has been tried it has worked well in
practice, and it will doubtless prove to be less expensive than the present
system.

The whole number of Indians within our territorial limits is believed
to be, from the best data in the Interior Department, about 325,000.

The tribes of Cherokees, Choctaws, Chicka.saws, and Creeks settled in
the Territory set apart for them west of Arkansas are rapidly advancing
in education and in all the arts of civilization and self-government, and
we may indulge the agreeable anticipation that at no verj' distant day
they will be incorporated into the Union as one of the sovereign States.

James Btcchanati 461

It will be seen from the report of the Postmaster- General that the Post-
Ofl&ce Department still continues to depend on the Treasurj^ as it has
been compelled to do for several years past, for an important portion
of the means of sustaining and extending its operations. Their rapid
growth and expansion are shown by a decennial statement of the number
of post-offices and the length of post-roads, commencing with the year
1827. In that 3'ear there were 7,000 post-offices; in 1837, 11,177; in
1847, 15,146, and in 1857 they number 26,586. In this year 1,725 post-
offices have been established and 704 discontinued, leaving a net increase
of 1,021. The postmasters of 368 offices are appointed by the President.

The length of post-roads in 1827 was 105,336 miles; in 1837, 141,242
miles; in 1847, 153,818 miles, and in the year 1857 there are 242,601
miles of post-road, including 22,530 miles of railroad on which the mails
are transported.

The expenditures of the Department for the fiscal year ending on the
30th June, 1857, as adjusted by the Auditor, amounted to $11,507,670.
To defray these expenditures there was to the credit of the Department
on the ist July, 1856, the sum of $789,599; the gross revenue of the year,
including the annual allowances for the transportation of free mail mat-
ter, produced $8,053,951, and the remainder was supplied by the appro-
priation from the Treasury of $2,250,000 granted by the act of Congress
approved August 18, 1856, and by the appropriation of $666,883 n^ade
by the act of March 3, 1857, leaving $252,763 to be carried to the credit
of the Department in the accounts of the current year. I commend to
your consideration the report of the Department in relation to the estab-
lishment of the overland mail route from the Mississippi River to San
Francisco, Cal. The route was selected with my full concurrence, as the
one, in my judgment, best calculated to attain the important objects con-
templated by Congress.

The late disastrous monetary revulsion may have one good effect should
it cause lK)th the Government and the ix?ople to return to the practice of
a wise and judicious economy both in public and private expenditures.

An overflowing Treasury has led to habits of prodigality' and extrava-
gance in our legislation. It has induced Congress to make large appro-
priations to objects for which they never would have provided had it
been necessary to raise the amount of revenue required to meet them by
increased taxation or by loans. We are now compelled to i)ause in our
career and to scrutinize our exj^enditures with the utmost vigilance;
and in performing this duty I pledge my cooperation to the extent of
my constitutional competency.

It ought to be ob.served at the .same time that true public economy
does not consi.st in withholding the means necessary to acconijilish im-
portant national objects intrusted to us by the Constitution, and esjx-cially
such as may Ix* nece.s.sary for the connnon defense. In the present crisis
of the country it is our duty to confine our appropriations to objects of

462 Messages and Papers of the Presidents

this character, unless in cases where justice to individuals may demand a
different course. In all cases care ought to be taken that the money
granted by Congress shall be faithfully and economically^ applied.

Under the Federal Constitution ' ' every bill which shall have passed
the House of Representatives and the Senate shall, before it become a
law," be approved and signed by the President; and if not approved,
"he shall return it with his objections to that House in which it shall
have originated." In order to perform this high and responsible duty,
sufficient time must be allowed the President to read and examine every
bill presented to him for approval. Unless this be afforded, the Consti-
tution becomes a dead letter in this particular, and, even worse, it becomes
a means of deception. Our constituents, seeing the President's approval
and signature attached to each act of Congress, are induced to believe
that he has actually performed his duty, when in truth nothing is in
many cases more unfounded.

From the practice of Congress such an examination of each bill as the
Constitution requires has been rendered impossible. The most important
business of each session is generally crowded into its last hours, and the
alternative presented to the President is either to violate the constitu-
tional duty which he owes to the people and approve bills which for want
of time it is impossible he should have examined, or by his refusal to do
this subject the country and individuals to great loss and inconvenience.

Besides, a practice has grown up of late 3^ears to legislate in appropri-
ation bills at the last hours of the session on new and important subjects.
This practice constrains the President either to suffer measures to be-
come laws which he does not approve or to incur the risk of stopping
the wheels of the Government by vetoing an appropriation bill. For-
merl}' such bills were confined to specific appropriations for carrjing into
effect existing laws and the well-established polic}^ of the country, and
little time was then required by the President for their examination.

For my own part, I have deliberate!}^ determined that I .shall approve
no bills which I have not examined, and it will be a case of extreme and
most urgent necessity which shall ever induce me to depart from this rule.
I therefore respectfully but earnestly recommend that the two Houses
would allow the President at least two daj^s previous to the adjourn-
ment of each session within which no new bill shall be presented to him
for approval. Under the existing joint rule one day is allowed, but this
rule has been hitherto .so constantly suspended in practice that impor-
tant bills continue to be presented to him up till the verj^ last moments of
the session. In a large majority of cases no great public inconvenience
can arise from the want of time to examine their pro\dsions, because the
Constitution has declared that if a bill be presented to the President
within the last ten days of the session he is not required to return it,
either with an approval or with a veto, "in which case it shall not be a
law." It may then lie over and be taken up and passed at the next

James Btichattan 463

session. Great inconvenience would only be experienced in regard to
appropriation bills, but, fortunately, under the late excellent law allow-
ing a salary instead of a per diem to members of Congress the expense
and inconvenience of a called session will be greatly reduced.

I can not conclude without commending to your favorable considera-
tion the interest of the people of this District. Without a representative
on the floor of Congress, they have for this very reason peculiar claims
upon our just regard. To this I know, from my long acquaintance with
them, they are eminently entitled. TAMES BUCHANAN

SPECIAL MESSAGES.

Washington, December 8, iSjy.
To the Senate of the United States:

Herewith I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and His Majesty the
King of Denmark for the discontinuance of the Sound dues, signed in
this city on the nth day of April last.

JAMES BUCHANAN.

Washington, December 10, iS^y.
To the Senate and Honse of Representatives:

I transmit a copy of a letter of the 30th of May last from the commis-
sioner of the United States in China, and of the decree and regulation
which accompanied it, for such revision thereof as Congress may deem
expedient, pursuant to the sixth section of the act approved the nth of
August, 1848. JAMES BUCHANAN.

Washingtc^n, December //, i8§j.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention for the mutual deliver}' of criminals fugitives from
justice in certain cases, and for other purposes, concluded at The Hague
on the 2i.st day of August last, between the Ignited States and His Maj-
esty the King of the Netherlands. The in.strinnent in this form emlxxlies
the Senate's amendments of the i6th of I'ebruary last to the convention
between the same parties of the 2yth of May, 1856, anil is in fact a mere
copy of that instrument as amended by the Senate. Pursuant to the
usual course in such cases, the vSenate's amendments were not inclnded
in the text of the United States exchange copy of the convention, but

464 Messages and Papers of the Presidents

appeared in the act of ratification only. As the Dutch Government
objected to this, it is now proposed to substitute the new convention
herewith submitted. j^j^^g BUCHANAN.

Washington, December 22, iS^y.
To the Senate of the Uyiited States:

In answer to resolutions of the Senate of the i6th and i8th instant,
requesting correspondence and documents relative to the Territory of
Kansas, I transmit a report from the Secretary of State and the papers
by which it was accompanied. ^P^W^^ BUCHANAN.

Washington, December 2j, iS^j.
To th" Senate of the United States:

I herewith transmit to the Senate a communication, dated on the 2 2d
instant, with the accompan3'ing papers, received from the Department of
State, in compliance with a resolution adopted by the Senate on the 17th
instant, requesting the President, if compatible with the public interest,
to communicate to that body copies of any correspondence which may
have taken place between the Department of State and the British and
French ministers on the subject of claims for losses alleged to have been
sustained by subjects of Great Britain and France at the bombardment
of Greytown. j^^j.3 BUCHANAN.

Washington, Decetnber 29, 18^7.
To the Seriate of the United States:

Herewith I transmit a report of the Secretary of State, with accom-
panying documents,* in compliance with the resolution of the Senate of
the i8th instant. j^j^^g BUCHANAN.

rr jj c> J Washington, Tanuary c, iS^^S.

Jo ttie Cicnate: -' ^ ^1 ^

I transmit herewith, for the constitutional action of the Senate, a treaty

recently concluded with the Pawnee Indians, with accompanying papers.

JAMES BUCHANAN.

Washington, fannary 6, 1838.
To tlie Senate of the Utiited States:

In compliance wiXh the resolution of the Senate of the 28th of Febru-
ary last, requesting a communication of all the correspondence of John W.

♦Correspondence with the minister of Bremen relative to claims for losses alleged to have been
sustained by subjects of the Hanse towns at the bombardment of Greytown.

James Buchanan 465

Gear>', late governor of the Territory of Kansas, not heretofore communi-
cated to Congress, I transmit a report from the Secretary of State and the
documents by which it was accompanied.

JAMES BUCHANAN.

Washington, /««?/«' rr 6, 1858.
To the Senate of the United States:

In answer to the resolution of the Senate of the i8th of last month,
requesting certain information relative to the Territor}^ of Kansas, I
transmit a report of the Secretary of State and the documents by which
it was accompanied. j^^^^^g BUCHANAN.

Washington, /<2W7^ar)' 6, iS^8.
To the Senate of the United States:

I nominate Alexander W. Reynolds, late of the Quartermaster's De-
partment of the Army, to be assistant quartermaster with the rank of
captain, to date from August 5, 1847, and to take place on the Army
Register next below Captain S. Van Vliet, agreeably to the recommen-
dation of the Secretary of War. ^^^^ BUCHANAN.

War Department, January (5, iS^S.
The President of the United Stated.

Sir: Under date of October 9, 1855, Captain A. W. Reynolds, assistant quartermas-
ter, was dismissed from the public service in virtue of the third section of the act
approved January 31, 1823.

Shortly afterwards suit was brought in the Unite<l States district court for the
eastern district of Pennsjdvania for the purpose of recovering the amounts alleged
to be due the United States from Captain Reynolds, and which were stated at
1126,307.20. At the suggestion of the United States district attorney, and with the
consent of the Secretary of the Treasury, the matter was referred for a full and care-
ful reexamination to three gentlemen, of whom one is understood to have been an
experienced clerk of the Treasury Department of the United States. The verdict of
the referees, fully concurrecl in by the United States district attorney, subsequently
confirmed by a jury, and according to which judgment was rendered by the court,
is that the United States are, on the contrary, indebted to Captain Reynolds in the
sum of ^430. 63.

In addition to this high judicial award in Captain Rejnolds's favor, nmncrous j^cti-
tions have been received — from the district attorney, from the referees who examined
the case, from his brother officers of the Army— all testifying to their assured belief
in his i)erfect integrity, no less than in his high character as a gentleman and a sol-
dier, and earnestly requesting of the President of the United States that he would be
pleased to reinstate him in the position which he formerly held in the Ouartermas-
ter's Department of the Anny.

Among the last description of ]K;titions are many of the highest officers, in rank
as well as reputation, who serve<I with Captain Reynolds in New Mexico, the thea-
ter of his difficulties, and they respectfully urge their conviction that were the
President "cognizant," as many of them declare themselves to Ik-, of the circum-
stances "under which Captain Reynolds was made responsible for public projierty
M P — VOL V — 30

466 Messages and Papers of the Presidents

over which he had no control," that he could feel no hesitation about restoring him
to the service.

In view of all which facts I have the honor to submit his case for your considera-
tion, and respectfully recommend that he be nominated for restoration to his original
rank and place in the Army.

I am, sir, with great respect, your obedient servant,

JOHN B. FLOYD,

Secretary of War.

Washington, January 7, 1858.
To the House of Representatives:

I transmit a report from the Secretary of State, in answer to the reso-
lution of the House of Representatives of the 4th instant, requesting to
be informed if any complaint had been made against our Government by
the Government of Nicaragua on account of the recent arrest of Wilham
Walker and his followers by Captain Paulding within the territory of
that Republic. j^^^g BUCHANAN.

Washington City, January 7, 1858.
To the Senate of the United States:

I herewith transmit to the Senate a report from the Secretary of the
Navy, with the accompanying documents, containing the information
called for by the resolution of the Senate of the 4th instant, requesting
me ' ' to communicate to the Senate the correspondence, instructions, and
orders to the United States naval forces on the coast of Central America
connected with the arrest of William Walker and his associates," etc.

In submitting to the Senate the papers for which they have called I
deem it proper to make a few observations.

In capturing General Walker and his command after they had landed
on the soil of Nicaragua Commodore Paulding has, in my opinion, com-
mitted a grave error. It is quite evident, however, from the communi-
cations herewith transmitted that this was done from pure and patriotic
motives and in the sincere conviction that he was promoting the interest
and vindicating the honor of his country. In regard to Nicaragua, she
has sustained no injury by the act of Commodore Paulding. This has
inured to her benefit and relieved her from a dreaded invasion. She
alone would have any right to complain of the violation of her territory,
and it is quite certain she will never exercise this right. It unquestion-
ably does not lie in the mouth of her invaders to complain in her name
that she has been rescued by Commodore Paulding from their assaults.
The error of 'this gallant officer consists in exceeding his instructions and
landing his sailors and marines in Nicaragua, whether with or without
her consent, for the purpose of making war upon any military force
whatever which he might find in the country, no matter from whence
they came. This power certainly did not belong to him. Obedience

James Buchanan 467

to law and conformity to instructions are the best and safest guides
for all oflficers, civil and military, and when they transcend these limits
and act upon their own personal responsibility evil consequences almost
inevitably follow.

Under these circumstances, when Marshal Rynders presented himself
at the State Department on the 29th ultimo with General Walker in cus-
tody, the Secretary informed him "that the executive department of the
Government did not recognize General Walker as a prisoner, that it had
no directions to give concerning him, and that it is only through the
action of the judiciary that he could be lawfully held in custody to answer
any charges that might be brought against him. ' '

In thus far disapproving the conduct of Commodore Paulding no in-
ference must be drawn that I am less determined than I have ever been
to execute the neutrality laws of the United States. This is my impera-
tive duty, and I shall continue to perform it by all the means which the
Constitution and the laws have placed in my power. My opinion of
the value and importance of these laws corresponds entirely with that
expressed by Mr. Monroe in his message to Congress of December 7,
18 1 9. That wise, prudent, and patriotic statesman says:

It is of the highest importance to our national character and indispensable to the
morality of our citizens that all violations of our neutrality should be prevented. No
door should be left open for the evasion of our laws, no opportunity afforded to any
who may be disposed to take advantage of it to compromit the interest or the honor
of the nation.

The crime of setting on foot or providing the means for a military ex-
pedition within the United States to make war against a foreign state with
which we are at peace is one of an aggravated and dangerous character,
and early engaged the attention of Congress. Whether the executive
government possesses any, or what, power under the Constitution, inde-
pendently of Congress, to prevent or punish this and similar offen.ses
against the law of nations was a subject which engaged the attention of
our most eminent statesmen in the time of the Administration of General
Washington and on the occa.sion of the French Revolution. Tlie act of
Congress of the 5tli of June, 1794, fortunately removed all the difficiiltics
on this question which had theretofore existed. The fifth and seventh
sections of this act, which relate to the present question, are the same in
sub.stance with the sixth and eighth sections of the act of April 20, 1.S18,
and have now been in force for a period more than sixty years.

The military expedition rendered criminal l)y the act nuist have its
origin, nuist "])egin" or l)e " set on fcxjt," in the United vStatcs; l)ut the
great object of the law was to save foreign states with whom we were at
peace from the ravages of these lawless expeditions proceeding from our
shores. The seventh .section alone, therefore, which simply defines tlie
crime and its puni.shment, would liave been inadecjuate to accomplish this
purpose and enforce our international duties. In order to render the

468 Messages and Papers of the Presidents

law effectual it was necessary to prevent ' ' the carrying on " of such ex-
peditions to their consummation after they had succeeded in leaving our
shores. This has been done effectually and in clear and explicit language
by the authority given to the President under the eighth section of the
act to employ the land and naval forces of the United States ' ' for the pur-
pose of preventing the carrying on of any such expedition or enterprise
from the territories or jurisdiction of the United States against the ter-
ritories or dominions of any foreign prince or state or of any colony,
district, or people with whom the United States are at peace."

For these reasons, had Commodore Paulding intercepted the steamer
Fashion^ with General Walker and his command on board, at any period
before they entered the port of San Juan de Nicaragua and conducted
them back to Mobile, this would have prevented them from "carrying
on" the expedition and have been not only a justifiable but a praise-
worthy act.

The crime well deserves the punishment inflicted upon it by our laws.
It violates the principles of Christianity, morality, and humanity, held
sacred by all civilized nations and by none more than by the people of
the United States. Disguise it as we may, such a military expedition is
an invitation to reckless and lawless men to enlist under the banner of
any adventurer to rob, plunder, and murder the unoffending citizens
of neighboring states, who have never done them harm. It is a usurpa-
tion of the war-making power, which belongs alone to Congress; and the
Government itself, at least in the estimation of the world, becomes an
accomplice in the commission of this crime unless it adopts all the means
necessary to prevent and to punish it.

It would be far better and more in accordance with the bold and manly
character of our countrymen for the Government itself to get up such
expeditions than to allow them to proceed under the command of irre-
sponsible adventurers. We could then at least exercise some control
over our own agents and prevent them from burning down cities and
committing other acts of enormity of which we have read.

The avowed principle which lies at the foundation of the law of nations
is contained in the divine command that ' ' all things whatsoever j'e would
that men should do to 3'ou do 5-e even so to them." Tried by this uner-
ring rule, we should be severely condemned if we shall not use our best
exertions to arrest such expeditions against our feeble sister Republic of
Nicaragua. One thing is very certain, that a people never existed who
would call any other nation to a stricter account than we should ourselves
for tolerating lawless expeditions from their shores to make war upon
any portion of our territories. By tolerating such expeditions we shall
soon lose the high character which we have enjoyed ever .since the days
of Washington for the faithful performance of our international obliga-
tions and duties, and inspire distrust against us among the members of
the great family of civilized nations.

James Buchanan 469

But if motives of duty were not sufficient to restrain us from engaging
in such lawless enterprises, our evident interest ought to dictate this
policy. These expeditions are the most effectual mode of retarding
American progress, although to promote this is the avowed object of the
leaders and contributors in such undertakings.

It is beyond question the destiny of our race to spread themselves over
the continent of North America, and this at no distant day should events
be permitted to take their natural course. The tide of emigrants will
flow to the south, and nothing can eventually arrest its progress. If
permitted to go there peacefully, Central America will soon contain an
American population which will confer blessings and benefits as well
upon the natives as their respective Governments. Liberty under the
restraint of law will preserve domestic peace, whilst the different transit
routes across the Isthmus, in which we are so deeply interested, will have
assured protection.

Nothing has retarded this happy condition of affairs so much as the
unlawful expeditions which have been fitted out in the United States to
make war upon the Central American States. Had one-half the number
of American citizens who have miserably perished in the first disastrous
expedition of General Walker settled in Nicaragua as peaceful emigrants,
the object which we all desire would ere this have been in a great degree
accomplished. These expeditions have caused the people of the Central
American States to regard us with dread and suspicion. It is our true
policy to remove this apprehension and to convince them that we intend
to do them good, and not evil. We desire, as the leading power on this
continent, to open and, if need be, to protect ever>' transit route across
the Isthmus, not only for our own benefit, but that of the world, and
thus open a free access to Central America, and through it to our Pacific
possessions. This ix)licy was commenced under favorable auspices when
the expedition under the command of General Walker escaped from our
territories and proceeded to Punta Arenas. Should another expedition
of a similar character again evade the vigilance of our officers and pro-
ceed to Nicaragua, this would be fatal, at least for a season, to the peace-
ful settlement of these countries and to the policy of American progress.
The truth is that no Administration can successfully conduct the foreign
affairs of the country in Central America or anywhere else if it is to l)e
interfered with at every step by lawless military expeditions "set on
foot" in the United States. ^^^^^^ BUCHANAN.

W.\sni\r,TON', y<?;///<f;i' //, iS^S.
To the Senate and House of Representatives 0/ the United States:

I have received from Samuel Medary, governor of the Territory of
Minnesota, a copy of the constitution of Minnesota, "together with au
abstract of the votes polled for and against said constitution" at the

470 Messages and Papers of the Presidents

election held in that Territory on the second Tuesday of October last,
certified by the governor in due form, which I now lay before Congress
in the manner prescribed by that instrument.

Having received but a single copy of the constitution, I transmit this
to the Senate. JAMES BUCHANAN.

Washington, Jamiary ii, 1858.
To the House of Representatives:

I herewith transmit to the House of Representatives the reports of the
Secretaries of State, of the Treasury, of the Navy, and of the Attorney-
General, with the accompanying documents, containing the information
called for by the resolution of the House of the 4tli instant, concerning
' ' the late seizure of General William Walker and his followers in Nica-
ragua," etc. JAMES BUCHANAN.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and the Republic of Peru,
signed on the 4th July last at Lima by the plenipotentiaries of the con-
tracting parties, with regard to the interpretation to be given to article
12 of the treaty of the 26th July, 185 1.

T, 00 JAMES BUCHANAN.

January 12, 1858. •'

Washington, fayiuary 14, 1838.
To the Senate aiid House of Rep7'csentatives:

I transmit to Congress a copy of a convention between the United
States and His Majesty the King of Denmark, for the discontinuance of
the Sound dues, the ratifications of which were exchanged in this city
on the 12th instant, and recommend that an appropriation be made to
enable the Executive seasonably to carry into effect the stipulations in
regard to the sums payable to His Danish Majesty's Government.

JAMES BUCHANAN.

Washington, fanuary 2j, 1858.
To the Senate of the Lhiited States:

In answer to the resolution of the Senate of the 7th instant, request-
ing information on the subject of contracts made in Europe for inland-
passage tickets for intending emigrants to the United States, I transmit a
report from the Secretary of State and the documents by which it was
accompanied. ^^^^^ BUCHANAN.

James Buchanan 471

Washington, Jamcary 28, 1858.
To the House of Representatives:

I herewith transmit to the House of Representatives a report from the
Secretary of the Interior, under date of the 27th instant, with the accom-
panying papers, in compHance with a resolution adopted by the House
on the 1 8th instant, requesting the President to communicate to that
body ' ' whether the census of the Territory of Minnesota has been taken
in accordance with the provisions of the fourth section of the act of Con-
gress providing for the admission of Minnesota as a State, approved
February 26, 1857, and if said census has been taken and returned to
him or any Department of the Government to communicate the same
to this House, and if the said census has not been so taken and returned
to state the reasons, if any exist to his knowledge, why it has not been

^^^•" JAMES BUCHANAN.

Washington, February 2, 1858.
To the Senate and House of Representatives of the United States:

I have received from J. Calhoun, esq., president of the late consti-
tutional convention of Kansas, a copy, duly certified by himself, of the
constitution framed by that body, with the expression of a hope that I
would submit the same to the consideration of Congress ' ' with the view
of the admission of Kansas into the Union as an independent State."
In compliance with this request, I herewith transmit to Congress, for
their action, the constitution of Kansas, with the ordinance respecting the
public lands, as well as the letter of Mr. Calhoun, dated at Lecompton on
the 14th ultimo, by which they were accompanied. Having received but a
single copy of the constitution and ordinance, I send this to the Senate.

A great delusion seems to pervade the public mind in relation to the
condition of parties in Kansas. This arises from the difficulty of indu-
cing the American people to realize the fact that any portion of them
should be in a state of rebellion against the government under which
they live. When we speak of the affairs of Kansas, we are apt to refer
merely to the existence of two violent political parties in that Territory,
divided on the question of slavery, just as we .speak of such parties in
the States. This presents no adec^uate idea of the true state of the case.
The dividing line there is not between two political parties, both ac-
knowledging the lawful existence of the government, but l^etween those
who are loyal to this government and tlio.se who have endeavored to
destroy its existence by force and by usurpation — between tho.se who
sustain and those who have done all in their power to overthrow the
Territorial government established by Congress. This government they
would long since have subverted had it not been protected from their
assaults by the troops of the United States. Such has l)een the con-
dition of affairs since my inauguration. Ever since that period a large

472 Messages and Papers of the Presidents

portion of the people of Kansas have been in a state of rebellion against
the government, with a military leader at their head of a most turbu-
lent and dangerous character. They have never acknowledged, but have
constantly renounced and defied, the government to which they owe alle-
giance, and have been all the time in a state of resistance against its
authority. They have all the time been endeavoring to subvert it and
to establish a revolutionary^ government, under the so-called Topeka con-
stitution, in its stead. Even at this very moment the Topeka legisla-
ture are in session. Whoever has read the correspondence of Governor
Walker with the State Department, recently communicated to the Senate,
will be convinced that this picture is not overdrawn. He always pro-
tested against the withdrawal of any portion of the military force of the
United States from the Territory, deeming its presence absolutely neces-
sary for the preservation of the regular government and the execution of
the laws. In his very first dispatch to the Secretary of State, dated
June 2, 1857, he says:

The most alarming movement, however, proceeds from the assembling on the 9th
June of the so-called Topeka legislature, with a view to the enactment of an entire
code of laws. Of course it will be my endeavor to prevent such a result, as it would
lead to inevitable and disastrous collision, and, in fact, renew the civil war in Kansas.

This was with difiiculty prevented by the efforts of Governor Walker;
but soon thereafter, on the 14th of July, we find him requesting General
Harney to furnish him a regiment of dragoons to proceed to the cit}'' of
Lawrence; and this for the reason that he had received authentic intelli-
gence, verified by his own actual observation, that a dangerous rebellion
had occurred, "involving an open defiance of the laws and the establish-
ment of an insurgent government in that city."

In the governor's dispatch of July 15 he informs the Secretary of State
that—

This movement at Lawrence was the beginning of a plan, originating in that city,
to organize insurrection throughout the Territory, and especially in all towns, cities,
or counties where the Republican party have a majority. Lawrence is the hotbed of
all the abolition movements in this Territory. It is the town established by the
abolition societies of the East, and whilst there are respectable people there, it is
filled by a considerable number of mercenaries who are paid by abolition societies to
perpetuate and diffuse agitation throughout Kansas and prevent a peaceful settle-
ment of this question. Having failed in inducing their own so-called Topeka State
legislature to organize this insurrection, Lawrence has commenced it herself, and if
not arrested the rebellion will extend throughout the Territory.

And again:

In order to send this communication immediately by mail, I must close by assur-
ing you that the spirit of rebellion pervades the great mass of the Republican party
of this Territory', instigated, as I entertain no doubt they are, by Eastern societies,
having in view results most disastrous to the government and to the Union; and that
the continued presence of General Harney here is indispensable, as originally stipu-
lated by me, with a large body of dragoons and several batteries.

James Buchanan 473

On the 20th July, 1857, General Lane, under the authority of the
Topeka convention, undertook, as Governor Walker informs us —

to organize the whole so-called Free-State party into volunteers and to take the
names of all who refuse enrollment. The professed object is to protect the polls, at
the election in August, of the new insurgent Topeka State legislature.

*******

The object of taking the names of all who refuse enrollment is to terrify the Free-
State conservatives into submission. This is proved by recent atrocities committed
on such men by Topekaites. The speed}- location of large bodies of regular troops
here, with two batteries, is necessary. The Lawrence insurgents await the develop-
ment of this new revolutionary military organization. * * *

In the governor's dispatch of Jul}' 27 he saj-s that "General Lane
and his staff everywhere deny the authority of the Territorial laws and
counsel a total disregard of these enactments. ' '

Without making further quotations of a similar character from other
dispatches of Governor Walker, it appears by a reference to Mr. Stan-
ton's communication to General Cass of the Qtli of December last that
the "important step of calling the legislature together was taken after
I [he] had become satisfied that the election ordered by the convention
on the 2 1 St instant could not be conducted without collision and blood-
shed." So intense was the disloyal feeling among the enemies of the
government established by Congress that an election which afforded
them an opportunity, if in the majority, of making Kansas a free State,
according to their own professed desire, could not be conducted without
collision and bloodshed.

The truth is that up till the present moment the enemies of the exist-
ing government still adhere to their Topeka revolutionary constitution
and government. The very first paragraph of the message of Governor
Robinson, dated on the 7th of December, to the Topeka legislature now
assembled at Lawrence contains an open defiance of the Constitution
and laws of the United States. The governor says:

The convention which framed the constitution at Topeka originated with the peo-
ple of Kansas Territory. They have adopted and ratified the same twice by a direct
vote, and also indirectly through two elections of State officers and members of the
State legislature. Yet it has pleased the Administration to regard the whole pro-
ceeding revolutionary.

This Topeka government, adhered to with such treasonable pertinac-
ity, is a government in direct opposition to the exi.sting government pre-
scribed and recognized by Congress. It is a usurpation of the same
character as it would Ix? for a |X)rtion of the jx^ople of any State of the
Union to undertake to establi.sh a separate government within its limits
for the purpose of redressing any grievance, real or imaginary, of which
they might complain against the legitimate State government. Such a
principle, if carried into execution, would destroN- all lawful authority
and produce universal anarchy.

From this statement of facts the reason becomes palpable why the

474 Messages and Papers of the Presidents

enemies of the government authorized by Congress have refused to vote
for delegates to the Kansas constitutional convention, and also after-
wards on the question of slavery, submitted by it to the people. It is
because they have ever refused to sanction or recognize any other con-
stitution than that framed at Topeka.

Had the whole L,ecompton constitution been submitted to the people
the adherents of this organization would doubtless have voted against
it, because if successful they would thus have removed an obstacle out
of the way of their own revolutionary constitution. They would have
done this, not upon a consideration of the merits of the whole or any
part of the I,ecompton constitution, but simply because they have ever
resisted the authority of the government authorized by Congress, from
which it emanated.

Such being the unfortunate condition of affairs in the Territory, what
was the right as well as the duty of the law-abiding people? Were they
silently and patiently to submit to the Topeka usurpation, or adopt the
necessary measures to establish a constitution under the authority of
the organic law of Congress?

That this law recognized the right of the people of the Territory, with-
out any enabling act from Congress, to form a State constitution is too
clear for argument. For Congress ' ' to leave the people of the Territory
perfectly free, ' ' in framing their constitution, ' ' to form and regulate their
domestic institutions in their own way, subject only to the Constitution
of the United States," and then to say that they shall not be permitted
to proceed and frame a constitution in their own way without an express
authority from Congress, appears to be almost a contradiction in terms.
It would be much more plausible to contend that Congress had no power
to pass such an enabling act than to argue that the people of a Territory
might be kept out of the Union for an indefinite period, and until it
might please Congress to permit them to exercise the right of self-gov-
ernment. This would be to adopt not "their own way," but the way
which Congress might prescribe.

It is impossible that any people could have proceeded with more regu-
larity in the formation of a constitution than the people of Kansas have
done. It was necessary, first, to ascertain whether it was the desire of
the people to be relieved from their Territorial dependence and establish
a State government. For this purpose the Territorial legislature in 1855
passed a law ' ' for taking the sense of the people of this Territory upon
the expediency of calling a convention to form a State constitution,"
at the general election to be held in October, 1856. The "sense of the
people" was accordingly taken and they decided in favor of a conven-
tion. It is true that at this election the enemies of the Territorial gov-
ernment did not vote, because they were then engaged at Topeka, without
the slightest pretext of lawful authority, in framing a constitution of their
own for the piupose of subverting the Territorial government.

James Buchanan 475

In pursuance of this decision of the people in favor of a convention,
the Territorial legislature, on the 27th day of February, 1857, passed an
act for the election of delegates on the third Monday of June, 1857, to
frame a State constitution. This law is as fair in its provisions as any
that ever passed a legislative body for a similar purpose. The right of
suffrage at this election is clearly and justly defined. " Every bona fide
inhabitant of the Territory of Kansas," on the third Monday of June,
the day of the election, who was a citizen of the United States above the
age of 21, and had resided therein for three months previous to that
date, was entitled to vote. In order to avoid all interference from neigh-
boring States or Territories with the freedom and fairness of the election,
provision was made for the registry of the qualified voters, and in pursu-
ance thereof 9,251 voters were registered. Governor Walker did his
whole duty in urging all the qualified citizens of Kansas to vote at this
election. In his inaugural address, on the 27th May last, he informed
them that —

Under our practice the preliminary act of framing a State constitution is uniformly
performed through the instrumentality of a convention of delegates chosen by the
people themselves. That convention is now about to be elected by you under the
call of the Territorial legislature, created and still recognized by the authority of
Congress and clothed by it, in the comprehensive language of the organic law, with
full power to make such an enactment. The Territorial legislature, then, in assem-
bling this convention, were fully sustained by the act of Congress, and the authority
of the convention is distinctly recognized in my instructions from the President of
the United States.

The governor also clearly and distinctly warns them what would be
the consequences if they should not participate in the election.

The people of Kansas, then [he says], are invited by the highest authority known
to the Constitution to participate freely and fairly in the election of delegates to
frame a constitution and State government. The law has performed its entire ap-
propriate function when it extends to the people the right of suffrage, but it can not
compel the performance of that duty. Throughout our whole Union, however, and
wherever free government prevails those who abstain from the exercise of the right
of suffrage authorize those who do vote to act for them in that contingency; and the
absentees are as much bound under the law and Constitution, where there is no fraud
or violence, by the act of the majority of those who do vote as if all had participiited
in the election. Otlierwise, as voting must be voluntary, self-government would be
impracticable and monarchy or despotism would remain as the only alternative.

It may also be observed that at this period any hope, if such had ex-
isted, that the Topeka constitution would ever be recognized by Congress
must have been abandoned. Congress had adjourned on the 3d March
previous, having recognized the legal existence of the Territorial legis-
lature in a variety of forms, which I need not enumerate. Indeed, the
Delegate elected to the House of Representatives under a Territorial
law had been admitted to his seat and had just completed his tenn of
service on the day previous to my inauguration.

This was the propitious moment for settling all difficulties in Kansas.

476 Messages and Papers of the Presidents

This was the time for abandoning the revolutionar>' Topeka organiza-
tion and for the enemies of the existing government to conform to the
laws and to unite with its friends in framing a State constitution; but
this they refused to do, and the consequences of their refusal to submit
to lawful authority and vote at the election of delegates may yet prove to
be of a most deplorable character. Would that the respect for the laws
of the land which so eminently distinguished the men of the past gener-
ation could be revived. It is a disregard and violation of law which
Have for years kept the Territory of Kansas in a state of almost open
rebellion against its government. It is the same spirit which has pro-
duced actual rebellion in Utah. Our only safety consists in obedience
and conformit}' to law. Should a general spirit against its enforcement
prevail, this will prove fatal to us as a nation. We acknowledge no mas-
ter but the law, and should we cut loose from its restraints and everyone
do what seemeth good in his own eyes our case will indeed be hopeless.

The enemies of the Territorial government determined still to resist
the authority of Congress. They refused to vote for delegates to the
convention, not because, from circumstances which I need not detail,
there was an omission to register the comparatively few voters who were
inhabitants of certain counties of Kansas in the early spring of 1857, but
because they had predetermined at all hazards to adhere to their revolu-
tionary organization and defeat the establishment of any other consti-
tution than that which they had framed at Topeka. The election was
therefore suffered to pass by default. But of this result the qualified
electors who refused to vote can never justly complain.

From this review it is manifest that the I^ecompton convention, accord-
ing to every principle of constitutional law, was legally constituted and
was invested with power to frame a constitution.

The sacred principle of popular sovereignty has been invoked in favor
of the enemies of law and order in Kansas. But in what manner is pop-
ular sovereignty to be exercised in this countrj^ if not through the instru-
mentality of established law? In certain small republics of ancient times
the people did assemble in primary meetings, passed laws, and directed
public affairs. In our country this is manifestly impossible. Popular
sovereignty can be exercised here only through the ballot box; and if
the people will refuse to exercise it in this manner, as they have done
in Kansas at the election of delegates, it is not for them to complain that
their rights have been violated.

The Kansas convention, thus lawfully constituted, proceeded to frame
a constitution, and, having completed their work, finally adjourned on
the 7th day of November last. They did not think proper to submit the
whole of this constitution to a popular vote, but they did submit the ques-
tion whether Kansas should be a free or a slave State to the people.
This was the question which had convulsed the Union and shaken it to
its very center. This was the question which had lighted up the flames

James Buchanan 477

of civil war in Kansas and had produced dangerous sectional parties
throughout the Confederacy. It was of a character so paramount in
respect to the condition of Kansas as to rivet the anxious attention of
the people of the whole country upon it, and it alone. No person thought
of any other question. For my own part, when I instructed Governor
Walker in general terms in favor of submitting the constitution to the
people, I had no object in view except the all-absorbing question of
slaver3\ In what manner the people of Kansas might regulate their
other concerns was not a subject which attracted any attention. In fact,
the general provisions of our recent State constitutions, after an experi-
ence of eight years, are so similar and so excellent that it would be diffi-
cult to go far wrong at the present day in framing a new constitution.

I then believed and still believe that under the organic act the Kansas
convention were bound to submit this all-important question of slavery
to the people. It was never, however, vay opinion that, independently
of this act, they would have been bound to submit any portion of the
constitution to a popular vote in order to give it validity. Had I enter-
tained such an opinion, this would have been in opposition to many prec-
edents in our history, commencing in the ver}' best age of the Republic.
It would have been in opposition to the principle which per\-ades our in-
stitutions, and which is every day carried out into practice, that the people
have the right to delegate to representatives chosen b}' themselves their
sovereign power to frame constitutions, enact laws, and perform many
other important acts without requiring that these should be subjected
to their subsequent approbation. It would be a most inconvenient limi-
tation of their own power, imposed by the people upon themselves, to
exclude them from exercising their sovereignty in any lawful manner
they think proper. It is true that the people of Kansas might, if they
had pleased, have required the convention to submit the constitution to
a popular vote; but this they have not done. The only remedy, there-
fore, in this case is that which exists in all other similar cases. If the
delegates who framed the Kansas constitution have in any manner vio-
lated the will of their constituents, the i)eople always possess the jx)wer to
change their constitution or their laws according to their own pleasure.

The question of slavery was submitted to an election of the peoj^le
of Kansas on the 21st Deceml^er last, in obedience to the mandate of
the constitution. Here again a fair opix)rtunity was presented to the
adherents of the Topeka con.stitution, if they were the majority, to de-
cide this exciting question "in their own way" and thus restore peace
to the distracted Territory; l)ut they again refused to exercise their
right of popular sovereignty, and again suffered the election to pass by
default.

I heartily rejoice that a wiser and better spirit prevailed among a large
majority of these people on the first Monday of January, and that they
did on that day vote under the Lecompton constitution for a governor

478 Messages and Papers of the Presidents

and other State officers, a Member of Congress, and for members of the
legislature. This election was warmly contested by the parties, and a
larger vote was polled than at any previous election in the Territory.
We may now reasonably hope that the revolutionarj'^ Topeka organiza-
tion will be speedily and finallj^ abandoned, and this will go far toward
the final .settlement of the unhappy differences in Kansas. If frauds have
been committed at this election, either by one or both parties, the legisla-
ture and the people of Kansas, under their constitution, will know how
to redress themselves and punish these detestable but too common crimes
without any outside interference.

The people of Kansas have, then, "in their own way" and in strict
accordance with the organic act, framed a constitution and State govern-
ment, have submitted the all-important question of slavery to the people,
and have elected a governor, a Member to represent them in Congress,
members of the State legislature, and other State officers. They now ask
admission into the Union under this constitution, which is republican in
its form. It is for Congress to decide whether they will admit or reject
the State which has thus been created. For my own part, I am decid-
edly in favor of its admission, and thus terminating the Kansas question.
This will carry out the great principle of noninterv'ention recognized and
sanctioned by the organic act, which declares in express language in
favor of ' ' nonintervention by Congress with slavery in the States or Ter-
ritories," leaving "the people thereof perfectly free to form and regulate
their domestic institutions in their own way, subject only to the Constitu-
tion of the United States." In this manner, \yy localizing the question of
slavery and confining it to the people whom it immediately concerned,
every patriot anxiously expected that this question would be banished
from the halls of Congress, where it has alwaj^s exerted a baneful influ-
ence throughout the whole country.

It is proper that I should briefl}- refer to the election held under an act
of the Territorial legislature on the first Monday of January last on the
Lecompton constitution. This election was held after the Territory had
been prepared for admission into the Union as a sov^ereign State, and
when no authority existed in the Territorial legislature which could
possibly destroy its existence or change its character. The election,
which was peaceably conducted under my instructions, involved a strange
inconsistency. A large majority of the persons who voted against the
Lecompton constitution were at the very same time and place recog-
nizing its valid existence in the most .solemn and authentic manner by
voting under its provisions. I have yet received no official information
of the result of this election.

As a question of expediency, after the right has been maintained, it
may be wise to reflect upon the benefits to Kansas and to the whole
country which would result from its immediate admission into the Union,
as well as the disasters which may follow its rejection. Domestic peace

Jafnes Buchanan 479

will be the happy consequence of its admission, and that fine Territory,
which has hitherto been torn by dissensions, will rapidly increase in pop-
ulation and wealth and speedily realize the blessings and the comforts
which follow in the train of agricultural and mechanical industrj-. The
people will then be sovereign and can regulate their own affairs in their
own way. If a majority of them desire to abolish domestic slavery within
the State, there is no other possible mode b)' which this can be effected
so speedily as by prompt admission. The will of the majority is supreme
and irresistible when expressed in an orderly and lawful manner. They
can make and unmake constitutions at pleasure. It would be absurd to
say that they can impose fetters upon their own power which they can
not afterwards remove. If they could do this, they might tie their own
hands for a hundred as well as for ten years. These are fundamental
principles of American freedom, and are recognized, I believe, in some
form or other by every State constitution; and if Congress, in the act
of admission, should think proper to recognize them I can perceive no
objection to such a course. This has been done emphatically in the con-
stitution of Kansas. It declares in the bill of rights that ' ' all political
power is inherent in the people and all free governments are founded on
their authority and instituted for their benefit, and therefore they have
at all times an inalienable and indefeasible right to alter, reform, or
abolish their form of government in such manner as they may think
proper." The great State of New York is at this moment governed
under a constitution framed and established in direct opposition to the
mode prescribed by the previous constitution. If, therefore, the provi-
sion changing the Kansas constitution after the year 1864 could by
possibility be construed into a prohibition to make such a change previ-
ous to that period, this prohibition would be wholly unavailing. The
legislature already elected may at its very first .session submit the ques-
tion to a vote of the people whether they will or will not have a con-
vention to amend their constitution and adopt all necessary means for
giving effect to the popular will.

It has been solemnly adjudged by the highest judicial tribunal known
to our laws that slaver>' exists in Kansas by virtue of the Constitution
of the United States. Kansas is therefore at this moment as much a
slave State as Georgia or South Carolina. Without this the equality
of the sovereign States composing the Union would be violated and the
use and enjoyment of a territory acquired by the common treasure of all
the States would be closed against the people and the property of nearly
half the members of the Confederacy. Slavery can therefore never be
prohibited in Kansas except by means of a con.stitutional provision,
and in no other manner can this Ixi obtained so promptly, if a majority of
the people desire it, as by admitting it into the Union under its present
con.stitution.

On the other hand, should Congress reject the constitution under the

480 Messages and Papers of the Presidents

idea of affording the disaffected in Kansas a third opportunity of pro-
hibiting slavery in the State, which they might have done twice before if
in the majority, no man can foretell the consequences.

If Congress, for the sake of those men who refused to vote for delegates
to the convention when they might have excluded slavery from the con-
stitution, and who afterwards refused to vote on the 21st December last,
when they might, as they claim, have stricken slavery from the consti-
tution, should now reject the State because slavery remains in the con-
stitution, it is manifest that the agitation upon this dangerous subject
will be renewed in a more alarming form than it has ever yet assumed.

Every patriot in the country had indulged the hope that the Kansas
and Nebraska act would put a final end to the slavery agitation, at least
in Congress, which had for more than twenty years convulsed the coun-
try and endangered the Union. This act involved great and fundamental
principles, and if fairly carried into effect will settle the question. Should
the agitation be again revived, should the people of the sister States be
again estranged from each other with more than their former bitter-
ness, this will arise from a cause, so far as the interests of Kansas are
concerned, more trifling and insignificant than has ever stirred the ele-
ments of a great people into commotion. To the people of Kansas the
only practical difference between admission or rejection depends simply
upon the fact whether thej^ can themselves more speedily change the
present constitution if it does not accord with the will of the majorit}-, or
frame a second constitution to be submitted to Congress hereafter. Even
if this were a question of mere expediency, and not of right, the small
difference of time one way or the other is of not the least importance when
contrasted with the evils which must necessarily result to the whole coun-
try from a revival of the slaver}' agitation.

In considering this question it should never be forgotten that in pro-
portion to its insignificance, let the decision be what it may so far as it
may affect the few thousand inhabitants of Kansas who have from the
beginning resisted the constitution and the laws, for this very reason
the rejection of the constitution will be so much the more keenl}' felt
by the people of fourteen of the States of this Union, where slavery is
recognized under the Constitution of the United States.

Again, the speed}' admission of Kansas into the Union would restore
peace and quiet to the whole country. Already the affairs of this Ter-
ritory have engrossed an undue proportion of public attention. They
have sadly affected the friendly relations of the people of the States with
each other and alarmed the fears of patriots for the safety of the Union.
Kansas once admitted into the Union, the excitement becomes localized
and will soon die away for want of outside aliment. Then every diffi-
culty will be settled at the ballot box.

Besides — and this is no trifling consideration — I shall then be enabled
to withdraw the troops of the United States from Kansas and employ

James Buchanan 481

them on branches of service where they are much needed. They have
been kept there, on the earnest importunity of Governor Walker, to main-
tain the existence of the Territorial government and secure the execution
of the laws. He considered that at least 2,000 regular troops, under the
command of General Harney, were necessary for this purpose. Acting
upon his reliable information, I have been obliged in some degree to
interfere with the expedition to Utah in order to keep down rebellion
in Kansas. This has involved a very heax'y expense to the Government.
Kansas once admitted, it is believed there will no longer be any occasion
there for troops of the United States.

I have thus performed my duty on this important question, under a
deep sense of responsibility to God and my countr5^ My public life will
terminate within a brief period, and I have no other object of earthly
ambition than to leave my country in a peaceful and prosperous condi-
tion and to live in the affections and respect of my countrj-men. The
dark and ominous clouds which now appear to be impending over the
Union I conscientiously believe may be dissipated with honor to every
portion of it by the admission of Kansas during the present session of
Congress, whereas if .she should l)e rejected I greatly fear these clouds
will become darker and more ominous than any which have ever yet
threatened the Constitution and the Union.

JAMES BUCHANAN.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention for the purpose of further regulating the intercourse
of American citizens within the Empire of Japan, signed at Simoda on
the 17th day of June last by Townsend Harris, consul-general of the
United States, and by the governors of Simoda, enijKJwered for that pur-
pose by their respective Governments.

r?^ « ^ JAMES BUCHANAN.

February 10, 1858. •*

Washington, February 11, 1S3S.
To the Senate of the United States:

I transmit to the Senate, for its con.sideration with a view to ratifi-
cation, an additional article to the extradition convention between the
United States and France of the 9th of November, 1843, and the addi-
tional article thereto of the 24tli February, 1845, signed in this city yes-
terday by the Secretary of State and the minister of His Imperial Majesty
the Emperor of the French. , VMES lirCH WAX

Washington, February 12, iS^S.
To the House of Representatives:

I herewith transmit a report from the Secretary of vState, with the
accompanying documents, in reply to the resolution of the House of
M P— VOL V — 31

482 Messages and Papers of the Presidents

Representatives of the i8th ultimo, requesting to be furnished with
official information and correspondence in relation to the execution of
Colonel Crabb and his associates within or near the limits of the Repub-
lic of Mexico.

JAMES BUCHANAN.

Washington City, February 26, iSjS.
To the House of Representatives:

I herewith transmit to the House of Representatives the reports of the
Secretaries of State, of War, of the Interior, and of the Attorney- General,
containing the information called for by a resolution of the House of
the 27th ultimo, requesting "the President, if not incompatible with the
public interest, to communicate to the House of Representatives the infor-
mation which gave rise to the military expeditions ordered to Utah Ter-
ritor}^ the instructions to the army officers in connection with the same,
and all correspondence which has taken place with said army officers,
with Brigham Young and his followers, or with others throwing light
upon the question as to how far said Brigham Young and his followers
are in a state of rebellion or resistance to the Government of the United
States ' '

JAMES BUCHANAN.

Washington, March 2, 1838.
To the Senate of the United States:

I herewith transmit to the Senate a report from the Secretary of the
Navy, dated on the 24th instant [ultimo] , furnishing the information
called for by a resolution of the Senate adopted on the i6th instant
[ultimo] , requesting me ' ' to inform the Senate in executive session on
what evidence the nominees for the Marine Corps are stated to be taken
from the States as designated in his message communicating the nomi-
nations of January 13."

JAMES BUCHANAN.

Washington City, March /, 1858.
To the House of Representatives:

I herewith transmit to the House of Representatives communications
from the Secretary of War and Secretary of the Interior, in answer to
the resolution adopted by the House on the 5th ultimo, requesting the
President to furnish certain information in relation to the number of
troops, whether regulars, volunteers, drafted men, or militia, who were
engaged in the service of the United States in the last war with Great
Britain, etc.

JAMES BUCHANAN.

James Buchanan 483

Washington, March p, 1858.
To the Senate and House of Representatives:

I transmit herewith a report of the Attorney- General, with accompa-
nying papers, dated March i, 1858, detailing proceedings under the act
approved March 3, 1855, entitled ' 'An act to improve the laws of the Dis-
trict of Columbia and to codify the same."

JAMES BUCHANAN.

Washington, March 2j, i8j8.
To the House of Representatives:

In compliance with a resolution of the House of Representatives of the
26th of January, requesting the President to communicate to the House
' ' so much of the correspondence between the late Secretary of War and
Major-General John E. Wool, late commander of the Pacific Depart-
ment, relative to the affairs of such department, as has not heretofore
been published under a call of this House," I herewith transmit all the
correspondence called for so far as is afforded by the files of the War
Department.

JAMES BUCHANAN.

Washington, April 7, 18^8.
To the Senate of the ITnitcd States:

I .submit to the vSenate, for its consideration and constitutional action,
a treaty made with the Tonawanda Indians, of New York, on the 5th of
November, 1857, with the accompanying papers from the Department
of the Interior.

JAMES BUCHANAN.

Washington, April 9, iS^S.
To the House of Representatives:

I transmit to the House of Representatives a memorial addressed to
myself by a committee appointed by the citizens of that portion of the
Territory of Utah which is situated west of the G(K)se Creek range of
mountains, connnonly known as " Carsons Valley," in faxor of the es-
tabli.shnient of a Territorial govennnent over them, and containing the
request that I shouUl communicate it to Congress. I have received but
one copy of this memorial, which I transmit to the House uiM)n the sug-
gestion of James M. Crane, esq., the Delegate elect of the jK-ople of the
proposed new Territory, for the reason, ns he alleges, that the subject is
now under consideration before the Committee on the Territories of that
Ixxly,

JAMES BUCHANAN.

484 Messages and Papers of the Presidents

Washington, April 20, t8s8.
To the Senate of the United States:

I transmit a report from the Secretary of State, with accompanying
papers,* in answer to the resolution of the Senate of the 5th instant.

JAMES BUCHANAN.

Washington, April 21, 1S58.
To the Senate of the United States:

I herewith transmit the reports of the Secretary of State and the Sec-
retary of the Navy, with accompanying papers,! in answer to the resohi-
tion of the Senate of the 19th of January last.

JAMES BUCHANAN.

Washington, April 28, 1858.
To the Senate of the United States:

I transmit a report from the Secretary of State, in answer to the reso-
lution of the Senate of the 24th ultimo, requesting information relative
to the seizure in the Valley of Sitana, in Peru, by authorities of Chile of
a sum of money belonging to citizens of the United States.

JAMES BUCHANAN.

Washington, May i, 1858.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 24th ultimo, I
herewith transmit a report of the Secretary of State, with accompanying
documents. I JAMES BUCHANAN.

'7- ^r O y ^y/ 7-7- -y / Cy y WASHINGTON, Tl/aj', /(^fcy.

To the Seyiate oj the United States: ' -^ > ^>'

I transmit herewith, for the constitutional action of the Senate, a
treaty negotiated with the Ponca tribe of Indians on the 12th of March,
1858, with the accompanying documents from the Department of the

^"^^^^°^- JAMES BUCHANAN.

T- ^T LT /■ D J. y y Washington, May ?, i8';8.

To the House of Represeiitatives: ' -^ ^ ' ^

In compliance with the resolutions of the House of Representatives of

the 19th January, 1857, and 3d February, 1858, 1 herewith transmit the

report of the Secretary of the Interior, with accompanying documents. §

JAMES BUCHANAN.

* Instructions to William B. Reed, United States commissioner to China.

t Relating to the African slave trade and to movements of the French Government to establish a
colony in the possessions of that Government from the coast of Africa.

J Relating to outrages committed against the family of Walter Dickson, an American citizen
residing at Jaffa, Palestine.

g Relating to Indian affairs in Oregon and Washington Territories and to the oflicial conduct of
Anson Dart, superintendent of Indian affairs in Oregon Territory.

James Buchanan 485

n^ ii, u J- T) ^ J 4- Washington, May 6, iS'^S.

10 the House of Kepres€7itanves: ' ^ > ->

In compliance with the resolution of the House of Representatives of
the 3d of February, 1858, I transmit herewith a report from the Secre-
tary of War, with all papers and correspondence* so far as the same is
afforded by the files of the Department. JAMES BUCHANAN

Hon. James L. Orr, Washington City, May 13, 1838.

Speaker of the House of Representatives.
Sir: I herewith transmit, to be laid before the House of Representa-
tives, the letter of the Secretary of the Interior, dated the 12th instant,
covering the report, maps, etc. , of the geological survey of Oregon and
Washington Territories, which has been made by John Evans, esq.,
United States geologist, under appropriations made by Congress for that
purpose.

Respectfully, JAMES BUCHANAN.

Washington, May ij, 1858.
To the Senate of the United States:

I transmit herewith, for the constitutional action of the Senate, a treaty
negotiated on the 19th of April, 1858, with the Yancton tribe of Sioux or
Dacotah Indians, with accompanying papers from the Department of the

^"^^"°^- JAMES BUCHANAN.

^ ,, c' , r .r TT J J cj J Washington, May, /iS^8.

Jo the Senate of the L'mted States: , > .^

I transmit to the Senate a report, dated 13th instant, with the accom-
panying papers, received from the Secretary of State in answer to the
resolution of the Senate of the 5th instant, requesting information in
regard to measures which may have been adopted for the protection of
American conunerce in the ports of Mexico.

JAMES BUCHANAN.

Washington City, May /8, /8^8.
Hon. J. C. Brkckinkidgk,

Vice-President of the United States.
Sir: In reply to the resolutions of the vSenate of the United States
of the 20th February and 14th March, 1857, I herewith transmit, to be
laid l)efore that l)ody, copies of all correspondence, vouchers, and other
pajKTS having reference to the accounts of lulward 1'. Beale, estj., late
.sui)erintendent of Indian affairs in California, which are of file or record
in the Departments of the Treasury and Interior.

JAMICS BUCILVXAN.

♦RclatiiiR to ItKlian afT.-iirs in OrrRoti and Wnsliinntoti 'r<-rritorics and lo tlic KtVifial oundtict of
Anson Uart, superintendent of Indian nfTairs in t)rcKon Ti-rritory.

486 Messages and Papers of the Presidents

Washington, May ip, i8sS.
To the Sejiate of the United States:

In answer to the resolution of the Senate of the 14th instant, request-
ing information concerning the recent search or seizure of American ves-
sels by foreign armed cruisers in the Gulf of Mexico, I transmit reports
from the Secretaries of State and of the Navy.

JAMES BUCHANAN.

Washington, May ^7, 1838.
To the Senate of the Utiited States:

I transmit herewith, in compliance with the resolution of the Senate
of the 19th of May, a communication from the Secretary of the Navy
with copies of the correspondence, etc.,* as afforded by the files of the
Department. JAMES BUCHANAN.

Washington, May 29, 1858.
To the Senate of the United States:

I transmit a report from the Secretary of State, with accompanying
papers, in answer to the resolution of the Senate of the 2 2d instant,
requesting information in regard to the seizure of the American vessel
Panchita on the coast of Africa. JAMES BUCHANAN.

Washington, May ji, 1858.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the i jtli
instant, requesting information relative to attacks upon United States
vessels in the Gulf of Mexico and on the coast of Cuba, I transmit a
report from the Secretary of State, with the papers by which it was
accompanied. j^^j.g BUCHANAN.

Washington, fime i, 18^8.
To the Senate of the U7iited States:

I transmit herewith a report from the Secretaries of State and Navy,
with the accompanying papers, in compliance with the resolution of the
Senate of the nth of March, 1858, requesting the President "to commu-
nicate to the Senate any information in possession of any of the Execu-
tive Departments in relation to alleged discoveries of guano in the year
1855 and the measures taken to ascertain the correctness of the same,
and also any report made to the Navy Department in relation to the dis-
covery of guano in Jarvis and Bakers islands, with the charts, soundings,
and sailing directions for those islands.

JAMES BUCHANAN.

♦Relating to the arrest of William Walker and associates within the territory of Nicaragua by
the naval forces under Commodore Paulding.

James Buchanan 487

Washington, June 4., 1858.
To the Senate oj the Uyiited States:

I transmit herewith a report from the Secretary of State, together with
the documents by which it is accompanied, as embracing all the informa-
tion which it is practicable or expedient to communicate in reply to the
resolution of the Senate of the 31st ultimo, on the subject of guano.

JAMES BUCHANAN.

Washington, June to, rS^S.
To the Senate and House oJ Representatives:

I transmit a copy of a dispatch from Governor Gumming to the Sec-
retary of State, dated at Great Salt Lake City on the 2d of May and
received at the Department of State on yesterday. From this there is
reason to believe that our difficulties with the Territory of Utah have
tenninated and the reign of the Constitution and the laws has been
restored. I congratulate you on this auspicious event.

I lose no time in communicating this information and in expressing
the opinion that there will now be no occasion to make any appropria-
tion for the purpose of calling into service the two regiments of volun-
teers authorized by the act of Congress approved on the 7th of April last
for the purpose of quelling disturbances in the Territor>' of Utah, for the
protection of supply and emigrant trains, and the suppression of Indian
hostilities on the frontier.

I am the more gratified at this satisfactory intelligence from Utah
because it will afford some relief to the Treasury at a time demanding
from us the strictest economy, and when the question which now arises
upon every new appropriation is whether it be of a character so important
and urgent as to brook no delay and to justify' and require a loan and
most probably a tax upon the people to raise the money necessary for
its payment.

In regard to the regiment of volunteers authorized by the same act
of Congress to be called into ser\-ice for the defense of the frontiers of
Texas against Indian hostilities, I desire to leave this question to Con-
gress, observing at the same time that in my opinion the State can be
defended for the present by the regular troops which have not yet been
withdrawn from its limits. j^^^j^.^ BUCHANAN.

Washington, Jujic //, aS^cS".
To the Senate oJ the United States:

In answer to the resolution of the Senate of the 19th ulliino, respect-
ing the Isthmus of Tehuantepcc, I transmit herewith a report from the
vSecretary of State, with the documents by which it is accompanied,
together with the copy of a letter from the Po.stmaster- General of the
2 1 St ultimo to the Department of State.

JAMES BUCHANAN.

488 Messages and Papers of the Presidents

Washington City, June 11, 1858.
To the House of Representatives:

I transmit herewith a report from the Secretary of War, with the
accompanying papers,* in obedience to the resohition of tlie House of
Representatives of the 2d of June, 1858.

JAMES BUCHANAN.

Washington CiT\,f0ie 12, 1858.
To the Senate and House of Representatives:

I feel it to be an indispensable duty to call your attention to the con-
dition of the Treasury. On the 19th day of May last the Secretarj'^ of
the Treasury submitted a report to Congress ' ' on the present condition
of the finances of the Government. ' ' In this report he states that after
a call upon the heads of Departments he had receiv^ed official informa-
tion that the sum of $37,000,000 would probably be required during the
first two quarters of the next fiscal year, from the ist of July until the ist
of January. "This sum," the Secretary says, "does not include such
amounts as may be appropriated by Congress over and above the esti-
mates submitted to them by the Departments, and I have no data on
which to estimate for such expenditures. Upon this point Congress is
better able to form a correct opinion than I am."

The Secretary then estimates that the receipts into the Treasury from
all sources between the ist of July and the ist of January would amount
to $25,000,000, leaving a deficit of $15,000,000, inclusive of the sum of
about $3,000,000, the least amount required to be in the Treasury at all
times to secure its successful operation. For this amount he recom-
mends a loan. This loan, it will be observed, was required, after a close
calculation, to meet the estimates from the different Departments, and
not such appropriations as might be made b}' Congress over and above
these estimates.

There was embraced in this sum of $15,000,000 estimates to the amount
of about $1,750,000 for the three volunteer regiments authorized by the
act of Congress approved April 7, 1858, for two of which, if not for
the third, no appropriation will now be required. To this extent a por-
tion of the loan of $15,000,000 may be applied to pay the appropriations
made by Congress beyond the estimates from the different Departments,
referred to in the report of the Secretary of the Treasury.

To what extent a probable deficiency may exist in the Treasury' be-
tween the ist Jul}^ and the ist January next can not be a.scertained until
the appropriation bills, as w^ell as the private bills containing appropria-
tions, shall have finally passed.

Adversity teaches useful lessons to nations as well as individuals.
The habit of extravagant expenditures, fostered by a large surplus in

* Copies of contracts for deepening the channels of the Southwest Pass and Pass k I'Outre, at the
mouth of the Mississippi River, etc.

James Buchanan 489

the Treasury', must now be corrected or the country' will be involved
in serious financial difficulties.

Under Q.uy form of government extravagance in expenditure must be
the natural consequence when those who authorize the expenditure feel
no responsibility in providing the means of payment. Such had been
for a number of years our condition previou.sly to the late monetary re-
vulsion in the country. Fortunately, at least for the cause of public econ-
omy, the case is now reversed, and to the extent of the appropriations,
whatever these may be, ingrafted on the different appropriation bills, as
well as those made by private bills, over and above the estimates of the
different Departments, it will be necessary for Congress to provide the
means of payment before their adjournment. Without this the Treasury
will be exhausted before the ist of January and the public credit will
be seriously impaired. This disgrace nuist not fall upon the countr}-.

It is impossible for me, however, now to ascertain this amount, nor does
there at present seem to ho. the least probability that this can be done
and the necessary means provided by Congress to meet any deficiency
which may exist in the Treasury- before Monday next at 12 o'clock, the
hour fixed for adjournment, it being now Saturday morning at half- past
1 1 o'clock. To accomplish this object the appropriation bills, as they
shall have finally passed Congress, must \yQ. Ijefore me, and time nuist be
allowed to ascertain the amount of the moneys appropriated and to enable
Congress to provide the necessary means. At this writing it is understood
that several of these bills are 3'et before the connnittee of conference and
the amendments to some of them have not even been printed.

Foreseeing that such a state of things might exist at the close of the ses-
sion, I .stated in the animal message to Congress of December last that —

From the practice of Congress such an exaniination of cadi hill as the Constitution
requires has l)een rendered imjwssihle. The most important business of each ses-
sion is generally crowded into its last liours, and the alternative presented to the
President is either to violate the constitutional duty which he owes to the i)eople
and approve bills which for want of time it is impossible he should have examined,
or by his refusal to do this subject the country and individuals to j^reat loss and
inconvenience.

*******

For my own part, I have deliberately determined that I shall ajiprove no bills
which I have not examined, and it will be a case of extreme and most urj^ent neces-
sity which shall ever induce me to depart from this rule.

The present condition of the Trea.sury absolutely rcfiuires tlinl I slunild
adhere to this resolution on the j^resent cKxasion, for the reasons which I
have heretofore i)resented.

In former times it was l)elievcd to be the true character of an appro-
priation bill simply to carry into effect existing laws and the established
jx)licy of the country. A practice has, however, grown up of late years
to ingraft on such bills at the last hours of the .session large ap])ropria-
tious for new and important objects not provided for b}- preexisting

490 Messages and Papers of the Presidents

laws and when no time is left to the Executive for their examination and
investigation. No alternative is thus left to the President but either to
approve measures without examination or by vetoing an appropriation
bill seriously to embarrass the operations of the Government. This
practice could never have prevailed without a surplus in the Treasury
sufficiently large to cover an indefinite amount of appropriations. Neces-
sity now compels us to arrest it, at least so far as to afford time to a.scer-
tain the amount appropriated and to provide the means of its payment.

For all these reasons I recommend to Congress to postpone the day of
adjournment for a brief period. I promise that not an hour shall be lost
in ascertaining the amount of appropriations made by them for which it
will be necessarj^ to provide. I know it will be inconvenient for the mem-
bers to attend a called session, and this above all things I desire to avoid.

JAMES BUCHANAN.

PROCLAMATIONS.

[From Statutes at I^rge (Little, Brown & Co.), Vol. XI, p. 794.]

By the President of the United States of America,
a proclamation.

Whereas by an act of Congress approved March 3, 1855, entitled "An
act to improve the laws of the District of Columbia and to codify the
same," the President of the United States was directed to appoint a time
and place for taking the sense of the citizens of the District of Columbia
for or against the adoption of the code prepared in pursuance of said act,
and, further, to provide and proclaim the mode and rules of conducting
such election:

Now, therefore, be it known that I do herebj^ appoint Monday, the
15th day of February, 1858, as the day for taking the sense of the citi-
zens of the District of Columbia as aforesaid.

The polls will be opened at 9 o'clock a. m. and closed at 5 o'clock
p. m. Every free white male citizen of the United States above the age
of 21 years who shall have resided in the District of Columbia for one
year next preceding the said 15th day of February, 1858, shall be allowed
to vote at said election.

The voting shall be by ballot. Those in favor of the adoption of the
revised code will vote a ballot with the words ' ' for the revised code ' '
written or printed upon the same, and those opposed to the adoption of
the said code will vote a ballot with the words ' ' against the revised code ' '
written or printed upon the .same.

The places where the said election shall be held and the judges who
shall conduct and preside over the same will be as follows:

For the First Ward, in the city of Washington, at Samuel Drury 's office,

James Buchanan 491

on Pennsylvania avenue. Judges: Southey S. Parker, Terence Drurj',
and Alexander H. Mechlin.

For the Second Ward, on Twelfth street, one door above Pennsylvania
avenue. Judges: Charles I,. Coltman, Charles J. Canfield, and Edward
C. Dyer.

For the Third Ward, near the corner of Ninth street, between F and G,
west of the Patent Office. Judges: Valentine Harbaugh, Joseph Br^an,
and Han^ey Cruttenden.

For the Fourth Ward, at the west end of City Hall. Judges: William
A. Kennedy, John T. Clements, and Francis Mohun.

For the Fifth Ward, at the Columbia engine house. Judges: Henry
C. Purd}^, Thomas Hutchinson, and James A. Brown.

For the Sixth Ward, at the Anacostia engine house. Judges: John D.
Brandt, George A. Bohrer, and George R. Ruff.

For the Seventh Ward, at Island Hall. Judges: Samuel Pumphrey,
James Espey, and John L,. Smith.

For Georgetown, at the mayor's office. Judges: Edward Chapman,
John L. Kid well, and William H. Edes.

P^'or that portion of the county of Washington which lies west of Rock
Creek, at Conrad's Tavern, in Tenallytown. Judges: Joshua Peirce,
Charles R. Belt, and William D. C. Murdock.

For that portion of said county which lies between Rock Creek and
the Eastern Branch of the Potomac, at Seventh street tollgate. Judges:
Thomas Blagden, Dr. Henry Haw, and Abner Shoemaker.

And for that portion of .said counts' which lies ea.st of the Eastern
Branch of the Potomac, at Goodhope Tavern. Judges: Selby B. Scaggs,
Fenwick Young, and Dr. Wellford Manning.

The judges presiding at the respective places of holding the elections
shall be sworn to perform their duties faithfully; and innnediately after
the close of the polls they shall count up the votes and certify what
number were given "for the revised code" and what number "against
the revised code," which certificates .shall be transmitted within twenty-
four hours to the Attorney- General of the United States, who will reiH)rt
the same to me.

Given under my hand this 24th day of Deceml)er, A. D. 1S57, and of
Independence the eighty-second.

[seal.] JAMES BUCHANAN.

Bv TiiK Pkksidknt of thk Unithi) vSt.vtks oi' Ami:kica.

A rROCI.AMATION.

Whereas by an act of Congress of the United vStatos of the 24111 of
May, 182S, entitled "An act in addition to an act cntitk-d ' \\\ act coti-
cerning discriminating duties of tonnage and imjx>.st,' and to equalize

492 Messages and Papers of the Presidents

the duties on Prussian vessels and their cargoes," it is provided that
upon satisfactory evidence being given to the President of the United
States by the government of any foreign nation that no discriminating
duties of tonnage or impost are imposed or levied in the ports of the said
nation upon vessels wholly belonging to citizens of the United States, or
upon the produce, manufactures, or merchandise imported in the same
from the United States or from any foreign country, the President is
thereby authorized to issue his proclamation declaring that the foreign
discriminating duties of tonnage and impost within the United States
are and shall be suspended and discontinued so far as respects the
vessels of the said foreign nation and the produce, manufactures, or
merchandise imported into the United States in the same from the said
foreign nation or from any other foreign countr}^ the said suspension
to take effect from the time of such notification being given to the Presi-
dent of the United States and to continue so long as the reciprocal
exemption of vessels belonging to citizens of the United States and their
cargoes, as aforesaid, shall be continued, and no longer; and

Whereas satisfactory evidence has lately been received from the Gov-
ernment of His Holiness the Pope, through an official communication
addressed by Cardinal Antonelli, his secretary of state, to the minister
resident of the United States at Rome, under date of the 7th day of
December, 1857, that no discriminating duties of tonnage or impost are
imposed or levied in the ports of the Pontifical States upon vessels wholly
belonging to citizens of the United States, or upon the produce, manu-
factures, or merchandise imported in the same from the United States
or from any foreign country:

Now, therefore, I, James Buchanan, President of the United States of
America, do hereby declare and proclaim that the foreign discriminating
duties of tonnage and impost within the United States are and shall be
suspended and discontinued so far as rCvSpects the vessels of the subjects
of His Holiness the Pope and the produce, manufactures, or merchan-
dise imported into the United States in the same from the Pontifical
States or from any other foreign country, the said suspension to take
effect from the 7th day of December, 1857, above mentioned, and to con-
tinue so long as the reciprocal exemption of vessels belonging to citizens
of the United States and their cargoes, as aforesaid, shall be continued,
and no longer.

Given under my hand, at the city of Washington, the 25th day of
r -1 February, A. D. 1858, and of the Independence of the United

States the eighty-second.

JAMES BUCHANAN.

By the President:

lyEwis Cass,

Secretary of State.

James Buchanan 493

By James Buchanan, President of the United States of

America.

A PROCLAMATION.

Whereas the Territory of Utah was settled by certain emigrants from
the States and from foreign countries who have for several years past
manifested a spirit of insubordination to the Constitution and laws of the
United States. The great mass of those settlers, acting under the influ-
ence of leaders to whom they seem to have surrendered their judgment,
refuse to be controlled by any other authority. They have been often
advised to obedience, and these friendly counsels have been answered
with defiance. The officers of the Federal Government have been driven
from the Territory for no offense but an effort to do their sworn duty;
others have been prevented from going there by threats of assassination;
judges have been violently interrupted in the performance of their func-
tions, and the records of the courts have been seized and destroyed or
concealed. Many other acts of unlawful violence have been perpe-
trated, and the right to repeat them has been openl}- claimed by the
leading inhabitants, with at least the silent acquiescence of nearly all
the others. Their hostility to the lawful government of the country has
at length become so violent that no officer bearing a connnission from
the Chief Magistrate of the Union can enter the Territory or remain
there with safety, and all those officers recently appointed have been
unable to go to Salt Lake or anywhere else in Utah beyond the innnedi-
ate power of the Army. Indeed, such is believed to Ixi the condition to
which a .strange .system of terrorism lias brought the inhabitants of that
region that no one among them could express an opinion favorable to
this Government, or even propose to obey its laws, without exjx^sing his
life and property to peril.

After carefully considering this .state of affairs and maturely weighing
the obligation I was under to see the laws faithfully executed, it seemed
to me right and pro[)er that I .should make such use of the military force
at my dis^wsal as might l)e necessary to protect the Federal officers in
going into the Territory of Utah and in performing their duties after
arriving there. I accordingly ordered a detachment of the Army to
march for the city of Salt Lake, or within reach of that place, and to act
in case of need as a i>osse for the enforcement of the laws. Hut in the
meantime the hatred of that mi.sguided people for the just and legal
authority of the (H)vernnient had l)econie so intense that they resolved
to measure their military strength with that of the Union. They have
organized an armed force far from contemptible in ]X)int of nunil)ers and
trained it, if not with .skill, at lea.st with great as.siduity and ])erseverance.
VVHiile the troops of the United vStates were on their march a train of
baggage wagons, which hapj)ened to Ik.* unprotected, was attacked and
destroyed by a ixjrtion of the .Mormon forces and the provisions and

494 Messages and Papers of the Presidents

stores with which the train was laden were wantonly burnt. In short,
their present attitude is one of decided and unreserved enmity to the
United States and to all their \0y2X citizens. Their determination to
oppose the authority of the Government by military force has not only
been expressed in words, but manifested in overt acts of the most une-
quivocal character.

Fellow-citizens of Utah, this is rebellion against the Government to
which you owe allegiance; it is levying war against the United States,
and involves you in the guilt of treason. Persistence in it will bring
you to condign punishment, to ruin, and to shame; for it is mere mad-
ness to suppose that with 3'our limited resources you can successfully
resist the force of this great and powerful nation.

If you have calculated upon the forbearance of the United States, if
you have permitted yourselves to suppose that this Government will fail
to put forth its strength and bring you to submission, you have fallen
into a grave mistake. You have settled upon territory which lies, geo-
graphically, in the heart of the Union. The land you live upon was
purchased by the United States and paid for out of their Treasury; the
proprietary right and title to it is in them, and not in you. Utah is
bounded on every side by States and Territories whose people are true
to the Union. It is absurd to believe that they will or can permit you to
erect in their very midst a government of your own, not only independ-
ent of the authority which they all acknowledge, but hostile to them and
their interests.

Do not deceive yourselves nor try to mislead others by propagating
the idea that this is a crusade against j-our religion. The Constitution
and laws of this country can take no notice of your creed, whether it be
true or false. That is a question between your God and ^^ourselves, in
which I disclaim all right to interfere. If you obey the laws, keep the
peace, and respect the just rights of others, 3^ou will be perfectly secure,
and may live on in 3'our present faith or change it for another at your
pleasure. Every intelligent man among 3-ou knows very well that this
Government has never, directly or indirectly, sought to molest you in
your worship, to control 3^ou in ^-our ecclesiastical affairs, or even to in-
fluence 3-ou in 3'our religious opinions.

This rebellion is not merel3^ a violation of your legal dut3'; it is with-
out just cause, without reason, without excuse. You never made a
complaint that was not listened to with patience; 3'ou never exhibited
a real grievance that was not redressed as promptly as it could be. The
laws and regulations enacted for 3'our government b3' Congress have
been equal and just, and their enforcement was manifestly necessary for
3'Our own welfare and happiness. You have never asked their repeal.
The3' are similar in ever3' material respect to the laws which have been
passed for the other Territories of the Union , and which everywhere else
(with one partial exception) have been cheerfully obeyed. No people

James Buchanan 495

ever lived who were freer from unnecessar>^ legal restraints than you.
Human wisdom never devised a political sj'stem which bestowed more
blessings or imposed lighter burdens than the Government of the United
States in its operation upon the Territories.

But being anxious to save the effusion of blood and to avoid the indis-
criminate punishment of a whole people for crimes of which it is not
probable that all are equally guilty, I offer now a free and full pardon
to all who will submit themselves to the just authority of the Federal
Government. If you refuse to accept it, let the consequences fall upon
your own heads. But I conjure you to pause deliberately and reflect
well before you reject this tender of peace and good will.

Now, therefore, I, James Buchanan, President of the United States,
have thought proper to issue this my proclamation, enjoining upon all
public officers in the Territory of Utah to be diligent and faithful, to the
full extent of their power, in the execution of the laws; commanding all
citizens of the United States in said Territory to aid and assist the officers
in the performance of their duties; offering to the inhabitants of Utah
who shall submit to the laws a free pardon for the seditions and trea-
sons heretofore by them committed; warning those who shall persist,
after notice of this proclamation, in the present rebellion against the
United States that the}' must expect no further lenity, but look to be
rigorously dealt with according to their deserts; and declaring that the
military forces now in Utah and hereafter to be sent there will not be
withdrawn imtil the inhabitants of that Territory shall manifest a proper
sense of the duty which they owe to this Government.

In testimony whereof I have hereunto set my hand and caused the seal
of the United States to be affixed to these presents.
(- 1 Done at the city of Washington the 6th day of April, 1858,

and of the Independence of the United States the eighty-

^^^"^^- JAMKS BUCHANAN.

By the President:

Lewis Cass, Secretary of State.

By the President oe the United States of Americ.\.
a proclamation.

Whereas an extraordinary occasion has occurred rendering it ncccs-
.sary and projK^r that tiie Senate of the ITnited States shall bo convened
to receive and act U|K)n such comnuuiications as have ])een or may l)c
made to it on the part of the ICxecutive:

Now, therefore, I, James Buchanan, President of the United vStatcs,
do issue this my prfK^laniation, declaring that an extraordinary (KX*asion
requires the Senate of the United vStates to convene for tlie tran.saction
of business at the CajMtol, in tlie city of Washington, on the 15th day of
this month, at 12 o'clock at noon of that day, of which all who shall at

496 Messages and Papers of the Presidents

that time be entitled to act as members of that body are hereby required
to take notice.

Given under my hand and the seal of the United States, at Wash-
r -1 ington, this 14th day of June, A. D. 1858, and of the Inde-

pendence of the United States the eighty-second.

JAMES BUCHANAN.
By the President:

lyEwis Cass,

Secretary of State.

By James Buchanan, President of the United States of

America.

a PROCIvAMATION.

Whereas information has reached me from sources which I can not
disregard that certain persons, in violation of the neutrality laws of the
United States, are making a third attempt to set on foot a military expedi-
tion within their territory against Nicaragua, a foreign State with which
they are at peace. In order to raise money for equipping and maintain-
ing this expedition, persons connected therewith, as I have reason to
believe, have issued and sold bonds and other contracts pledging the
public lands of Nicaragua and the transit route through its territory as
a security for their redemption and fulfillment.

The hostile design of this expedition is rendered manifest by the fact
that these bonds and contracts can be of no possible value to their hold-
ers unless the present Government of Nicaragua shall be overthrown by
force. Besides, the envoy extraordinary and minister plenipotentiarj^ of
that Government in the United States has issued a notice, in pursuance
of his instructions, dated on the 27th instant, forbidding the citizens or
subjects of any nation, except passengers intending to proceed through
Nicaragua over the transit route from ocean to ocean, to enter its terri-
tory without a regular passport, signed by the proper minister or consul-
general of the Republic resident in the country from whence they shall
have departed. Such persons, with this exception, "will be stopped
and compelled to return by the same conveyance that took them to the
country." From these circumstances the inference is irresistible that
persons engaged in this expedition will leave the United States with hos-
tile purposes against Nicaragua. They can not, under the guise which
they have assumed that they are peaceful emigrants, conceal their real
intentions, and especially when they know in advance that their landing
will be resisted and can only be accomplished by an overpowering force.
This expedient was successfully resorted to previous to the last expe-
dition, and the vessel in which those composing it were conveyed to
Nicaragua obtained a clearance from the collector of the port of Mobile
Although, after a careful examination, no arms or munitions of war were

James Buchanan 497

discovered on board, 3'et when they arrived in Nicaragua they were
found to be armed and equipped and immediately commenced hostihties.

The leaders of former illegal expeditions of the same character have
openly expressed their intention to renew hostilities against Nicaragua.
One of them, who has already been twice expelled from Nicaragua, has
invited through the public newspapers American citizens to emigrate
to that Republic, and has designated Mobile as the place of rendezvous
and departure and San Juan del Norte as the port to which they are
bound. This person, who has renounced his allegiance to the United
States and claims to be President of Nicaragua, has given notice to the
collector of the port of Mobile that two or three hundred of these emi-
grants will be prepared to embark from that port about the middle of
November.

For these and other good reasons, and for the purpose of saving Ameri-
can citizens who may have l:)een honestly deluded into the belief that
they are about to proceed to Nicaragua as peaceful emigrants, if any
such there be, from the disastrous consequences to which they will be ex-
posed, I, James Buchanan, President of the United States, have thought
it fit to issue this my proclamation, enjoining upon all officers of the
Government, civil and military', in their respective spheres, to be vigilant,
active, and faithful in suppressing thCvSe illegal enterprises and in carry-
ing out their standing instructions to that effect; exhorting all good
citizens, by their respect for the laws and their regard for the peace and
welfare of the country, to aid the efforts of the public authorities in the
discharge of their duties.

In testimony whereof I have hereunto set my hand and caused the
seal of the ITnited States to lie affixed to these presents.
r- 1 Done at the city of Washington the 30th day of Octol)er,

1858, and of the Independence of the United States the eighty-

^^""^^^ JAMES BUCHANAN.

By the President:

Lp:wis Cass, Secretary of State.

SECOND ANNUAL MESSAGE.

Washixgto.x City. Pccember 6, /Syf.
Fellow- Citizcyis of the Senate and Ifoiise 0/ Representatives. •

When we compare the condition of llie 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
failed to interpose for our relief at the most critical |)erio<ls of our his-
tory. One year ago the sectional strife Ix^tweeu the North and the
M P VOL v— 32

498 Messages and Papers of the Presidents

South on the dangerous subject of slavery had again become so intense
as to threaten the peace and perpetuity of the Confederacy. The appU-
cation for the admission of Kansas as a State into the Union fostered
this unhappy agitation and brought the whole subject once more before
Congress. It was the desire of every patriot that such measures of legis-
lation might be adopted as would remove the excitement from the States
and confine it to the Territory where it legitimately belonged. Much
has been done, I am happy to say, toward the accomplishment of this
object during the last session 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 under the laws of any of the States, and to
hold such property there under the guardianship of the Federal Consti-
tution 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 all the States has thus been vindi-
cated and a fruitful source of dangerous dissension among them has been
removed.

Whilst such has been the beneficial tendency of your legislative pro-
ceedings outside of Kansas, their influence has nowhere been so happy
as within that Territory itself. Left to manage and control its own
affairs in its own way, without the pressure of external influence, the
revolutionary Topeka organization and all resistance to the Territorial
government established by Congress have been finally abandoned. As
a natural consequence that fine Territory now appears to be tranquil
and prosperous and is attracting increasing thousands of immigrants to
make it their happy home.

The past unfortunate experience of Kansas has enforced the lesson,
so often already taught, that resistance to lawful authority under our
form of government can not fail in the end to prove disastrous to its
authors. Had the people of the Territory yielded obedience to the laws
enacted by their legislature, it would at the present moment have con-
tained a large additional population of industrious and enterprising citi-
zens, who have been deterred from entering its borders by the existence
of civil strife and organized rebellion.

It was the resistance to rightful authority and the persevering attempts
to establish a revolutionary government under the Topeka constitution
which caused the people of Kansas to commit the grave error of 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

James Buchanan 499

hostility to the Territorial government they disregarded the principle,
absolutely essential to the working of our form of government, that a
majority of those who vote, not the majority who may remain at home,
from whatever cause, must decide the result of an election. For this
reason, seeking to take advantage of their own error, they denied the
authority of the convention thus elected to frame a constitution.

The convention, notwithstanding, proceeded to adopt a constitution
unexceptionable in its general features, and providing for the submission
of the slavery question to a vote of 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 of the lawful government, persisting in their first error,
refrained from exercising their right to vote, and preferred that slavery
should continue rather than surrender their revolutionary Topeka organ-
ization.

A wiser and better spirit seemed to prevail before the first Monday of
January last, when an election was held under the constitution. A ma-
jority of the people then voted for a governor and other State officers,
for a Member of Congress and members of the State legislature. This
election was warmly contested by the two political parties in Kansas, and
a greater vote was polled than at any previous election. A large major-
ity of the me^ibers of the legislature elect belonged to that party which
had previously refused to vote. The antislavery party were thus placed
in the ascendant, and the political power of the State was in their own
hands. Had Congress admitted Kansas into the Union under the Le-
compton constitution, the legislature might at its very first session have
submitted the question to a vote of the people whether they would or
would not have a convention to amend their constitution, either on the
slavery or any other question, and have adopted all necessary means for
giving speedy effect to the will of the majority. Thus the Kansas ques-
tion would have been immediately and finally .settled.

Under these circumstances I submitted to Congress the con.stitution
thus framed, with all the officers already elected necessary to put the
State government into operation, accompanied by a strong recommenda-
tion in favor of the admi.ssion of Kan.sas as a State. In the course of my
long public life I have never jx^rformed any official act which in the
retrospect has afforded me more heartfelt .satisfaction. Its admission
could have inflicted no possible injury on any human being, wliilst it
would within a brief ])eriod have restored peace to Kansas and harmony
to the Union. In that event the slavery question would ere this have
Ixjen finally settled according to the legally expressed will of a majority
of the voters, and iK)pular sovereignty would thus have been vindicated
in a constitutional manner.

With my deep convictions of duty I could have pursued no other
course. It is true that as an individual I had expres.sed an opinion, lx>th

500 Messages and Papers of the Presidents

before and during the session of the convention, in favor of submitting
the remaining clauses of the constitution, as well as that concerning slav-
er3% to the people. But, acting in an official character, neither myself
nor any human authority had the power to re judge the proceedings of
the convention and declare the constitution which it had framed to be a
nullity. To have done this would have been a violation of the Kansas
and Nebraska act, which left the people of the Territory "perfectly free
to form and regulate their domestic institutions in their own way, sub-
ject only to the Constitution of the United States." It would equally
have violated the great principle of popular sovereignty, at the founda-
tion of our institutions, to deprive the people of the power, if they thought
proper to exercise it, of confiding to delegates elected by themselves the
trust of framing a constitution without requiring them to subject their
constituents to the trouble, expense, and delay of a second election. It
would have been in opposition to many precedents in our history, com-
mencing in the very best age of the Republic, of the admission of Terri-
tories as States into the Union without a previous vote of the people
approving their constitution.

It is to be lamented that a question so insignificant when viewed in
its practical effects on the people of Kansas, whether decided one way
or the other, should have kindled such a flame of excitement throughout
the country. This reflection may prove to be a lesson of wisdom and of
warning for our future guidance. Practical!}' considered, the question
is simply whether the people of that Territory should first come into the
Union and then change any provision in their constitution not agree-
able to themselves, or accomplish the very same object by remaining out
of the Union and framing another constitution in accordance with their
will. In either case the result would be precisely the same. The onl}^
difference, in point of fact, is that the object would have been much sooner
attained and the pacification of Kansas more speedily effected had it been
admitted as a State during the last session of Congress.

My recommendation, however, for the immediate admission of Kan-
sas failed to meet the approbation of Congress. They deemed it wiser
to adopt a different measure for the settlement of the question. For
my own part, I should have been willing to jaeld 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 Kansas into the
Union ' ' upon the terms therein prescribed.

Under the ordinance which accompanied the Lecompton constitution
the people of Kansas had claimed double the quantity of public lands for
the support of connnon .schools which had ever been previously granted
to any State upon entering the Union, and also the alternate sections of
land for 12 miles on each side of two railroads proposed to be constructed
from the northern to the southern boundary and from the eastern to the

James Buchanan 501

western boundary of the State. Congress, deeming these claims unrea-
sonable, provided by the act of May 4, 1858, to which I have just referred,
for the admission of the State on an equal footing with the original
States, but "upon the fundamental condition precedent" that a majority
of the people thereof, at an election to be held for that purpose, should,
in place of the very large grants of public lands which they had demanded
under the ordinance, accept such grants as had been made to Minnesota
and other new States. Under this act, should a majority reject the prop-
osition 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 conditions set forth in said proposition." In that event the
act authorizes the people of the Territory to elect delegates to form a
constitution and State government for themselves "whenever, and not
before, it is ascertained by a census, duly and legally taken, that the
population of said Territory equals or exceeds the ratio of representation
required for a member of the House of Representatives of the Congress of
the United States. ' ' The delegates thus assembled ' ' shall first determine
by a vote whether it is the wish of the people of the proposed State to be
admitted into the Union at that time, and, if so, shall proceed to form a
constitution and take all necessary steps for the establishment of a State
government in conformity' with the Federal Constitution." After this
constitution shall have been formed. Congress, carrying out the princi-
ples of popular sovereignty and nonintervention, have left "the mode
and manner of its approval or ratification by the people of the proposed
State " to be " prescribed by law, ' ' and they ' ' shall then be admitted into
the Union as a State under such constitution, thus fairly and legally
made, with or without slavery-, as said constitution may prescribe."

An election was held throughout Kansas, in pursuance of the provi-
sions of this act, on the 2d day of Augu.st last, and it resulted in the
rejection by a large majority of the projx^sition submitted to the people
by Congress. This being the case, they are now authorized to form
another constitution, preparator}' to admission into the Union, but not
until their numl^er, as ascertained by a census, .shall ecjual or exceed the
ratio required to elect a memljer to the House of Representatives.

It is not probal)le, in the ])resent .state of the case, that a third con-
stitution can be lawfully framed and presented to Congress by Kansas
before its population shall have reached the designated number. Nor
is it to l)e presumed that after their .sad experience in resisting tlie Ter-
ritorial laws they will attempt to adopt a con.stitution in express viola-
tion of the provisions of an act of Congress. During the .session of 1S56
much of the time of Congress was cxrcupied on the question of admit-
ting Kan.sas luider the TojK'ka con.stitution. Again, nearly the whole of
the last .ses.sion was devoted to the question of its adnn'.ssion inuler the
Lecompton constitution. Surely it is not unreasonable to rctjuire the
people of Kansas to wait before making a third attempt until the number

502 Messages and Papers of the Presidents

of their inhabitants shall amount to 93,420. During this brief period
the harmony of the States as well as the great business interests of the
countr}' demand that the people of the Union shall not for 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 slightest impediment.

This excellent provision, which Congress have applied to Kansas,
ought to be extended and rendered applicable to all Territories which
maj' hereafter seek admission into the Union.

Whilst Congress possess the undoubted power of admitting a new State
into the Union, however small may be the number of its inhabitants, 3'et
this power ought not, in my opinion, to be exercised before the popula-
tion shall amount to the ratio required b}' the act for the admission of
Kansas. Had this been previously the rule, the country would have
escaped all the evils and misfortunes to which it has been exposed by the
Kansas question.

Of course it would be unjust to give this rule a retrospective applica-
tion, and exclude a State which, acting upon the past practice of the Gov-
ernment, 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 through-
out the countr}- would have been avoided had this rule been established
at an earlier period of the Government.

Immediatel}' upon the formation of a new Territory people from dif-
ferent States and from foreign countries rush into it for the laudable
purpose of improving their condition. Their first duty to themselves is
to open and cultivate farms, to construct roads, to establish schools, to
erect places of religious 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 incipient condition, with a popu-
lation of a few thousa'nd, thej' should prematurely enter the Union, they
are oppressed b}- the burden of State taxation, and the means necessary
for the improvement of the Territory and the ad\'ancement of their own
interests are thus diverted to very different purposes.

The Federal Government has ever been a liberal parent to the Terri-
tories and a generous contributor to the useful enterprises of the early
.settlers. It has paid the expenses of their governments and legislative
assemblies out of the common Treasury, and thus relieved them from a
heav}'^ charge. Under these circumstances nothing can be better calcu-
lated to retard their material progress than to divert them from their use-
ful employments by 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

James Buchatian 503

the number of inhabitants shall equal those of a single Congressional dis-
trict. They surely ought not to be permitted to rush into the Union with
a population less than one-half of several of the large counties in the
interior of some of the States. This was the condition of Kansas when
it made application to be admitted under the Topeka constitution. Be-
sides, it requires some time to render the mass of a population collected
in a new Territory at all homogeneous and to unite them on anything
like a fixed policy. Establish the rule, and all will look forward to it
and govern themseh'es accordingly.

But justice to the people of the several States requires that this rule
should be established by Congress. Each State is entitled to two Sena-
tors and at least one Representative in Congress. Should the people of
the States fail to elect a Vice-President, the power devolves upon the
Senate to select this officer from the two highest candidates on the list.
In case of the death of the President, the Vice-President thus elected hy
the Senate becomes President of the United States. On all questions of
legislation the Senators from the smallest States of the Union have an
equal vote with those from the largest. The same may be said in regard
to the ratification of treaties and of Executive appointments. All this
has worked admirably in practice, whilst it conforms in principle with the
character of a Government instituted by sovereign States. I presume
no American citizen w^ould desire the slightest change in the arrange-
ment. Still, is it not unjust and unequal to the existing States to invest
some 40,000 or 50,000 people collected in a Territorj- with the attributes
of sovereignty and place them on an equal footing with Virginia and
New York in the Senate of the United States?

For these reasons I earnestly recommend the passage of a general act
which shall provide that, upon the application of a Territorial legislature
declaring their belief that the Territory contains a numl)er of inhabitants
which, if in a State, would entitle them to elect a Member of Congress,
it shall be the duty of the President to cause a census of the inhabitants
to be taken, and if found sufficient then by the terms of this act to
authorize them to proceed "in their own way" to frame a State constitu-
tion preparatory to admission into the Union. I also recommend that
an appropriation may be made to enable the President to take a census of
the people of Kansas.

The present condition of the Territory of Utah, when contrasted with
what it was one year ago, is a sul)ject for congratulation. It was then
in a state of open rebellion, and, cost what it might, the character of the
Government required that this rel>ellion should be suppres.sed and the
Monnons comjx^lled to yield ol)edience to the Constitution and the laws.
In order to accomplish this ol)ject, as I informed you in my last animal
message, I appointed a new governor instead of Brigham Young, and
other Federal officers to take the ])lace of those who, consulting their
personal .safety, had found it necessary to withdraw from the Territory.

504 Messages and Papers of the Presidents

To protect these civil officers, and to aid them, as a. posse comitatus, in the
execution 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 15th of September, 1857, Governor Young issued his procla-
mation, in the style of an independent sovereign, announcing his purpose
to resist by force of arms the entry of the United States troops into our
own Territory of Utah. By this he required all the forces in the Terri-
tory 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 Territory. These proved to be no idle threats. Forts
Bridger and Suppl}^ were vacated and burnt down by the Mormons to
deprive our troops of a shelter after their long and fatiguing march.
Orders were issued by Daniel H. Wells, styling himself " Ivieutenant-
General, Nauvoo 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 countr>' before them and on their flanks, to keep them from
sleeping by night surprises, and to blockade the road by felling trees and
destroying the fords of rivers, etc.

These orders were promptly and effectually obe^-ed. On the 4th of
October, 1857, the Mormons captured and burned, on Green River, three
of our supply trains, consisting of seventy-five wagons loaded with pro-
visions and tents for the army, and carried away several hundred ani-
mals. This diminished the supply of provisions so materially that
General Johnston was obliged to reduce the ration, and even with this
precaution there was only sufficient left to subsist the troops until the
I St of June.

Our little army behaved admirably in their encampment at Fort
Bridger under these trying privations. In the midst of the mountains,
in a dreary, unsettled, and inhospitable region, more than a thousand
miles from home, they passed the severe and inclement winter without
a murmur. 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 supplies and to muster and send such a militarj^ force to Utah
as would render resistance on the part of the Mormons hopeless, and thus
terminate the war without the effusion of 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 disturb-
ances in the Territory of Utah, for the protection of supply and emigrant
trains, and the suppression of Indian hostilities on the frontiers. ' ' Hap-
pily, there was no occasion 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

Ja77ies Buchanan 505

serve their country in this distant and apparently dangerous expedition.
Thus it has ever been, and thus may it ever be.

The wisdom and economy of sending sufficient reenforcements to Utah
are established, not only by the event, but in the opinion of those who
from their position and opportunities are the most capable of forming a
correct judgment. General Johnston, the commander of the forces, in
addressing the Secretary of War from Fort Bridger under date of Octo-
ber 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's] part is inevitable." This he considered necessary to ter-
minate the war ' ' speedily and more economically than if attempted by
insufi&cient means. ' '

In the meantime it was my anxious desire that the Mormons should
yield obedience to the Constitution and the laws without rendering it
necessary to resort to military force. To aid in accomplishing this object,
I deemed it advisable in April last to dispatch two distinguished citizens
of the United States, Messrs. Powell and McCulloch, to Utah. Thej- bore
with them a proclamation addressed by myself to the inhabitants of Utah,
dated on the 6th day of that month, warning them of their true condition
and how hopeless it was on their part to j^rsist in rebellion against the
United States, 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 lenitj-, but look to be rigorously dealt with accord-
ing to their deserts. The instructions to these agents, as well as a copy
of the proclamation and their reports, are herewith submitted. It will be
seen by their report of the 3d of July last that they have fully confirmed
the opinion expressed by General Johnston in the previous October as to
the necessity of sending reenforcements to Utah. In this the}' state that
they "are firmly impressed with the belief that the presence of the Army
here and the large additional force that had been ordered to this Territory
were the chief inducements tliat caused the Mormons to aljandon the idea
of re.sisting the authority of the United States. A less decisive j^olicy
would probably have resulted in a long, bloody, and expensive war."

These gentlemen conducted themselves to my entire satisfaction and
rendered useful services in executing the humane intentions of the Gov-
ernment.

It also affords me great satisfaction to state that Governor Cumining
has performed his duty in an able and conciliatory manner and with the
hai>piest effect. I can not in this connection refrain from mentioning
the valuable .services of Colonel Thomas L. Kane, who, from motives of
pure l>enevolence and without any official character or jKcnniary com-
pensation, visited Utah during the last inclement winter for the purjx)se
of contributing to the pacification of the Territory.

I am happy to inform you that the governor and other civil officers of

5o6 Messages and Papers of the Presidents

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 Territory.

A portion of the troops sent to Utah are now encamped in Cedar Val-
ley, 44 miles southwest of Salt Lake City, and the remainder have been
ordered to Oregon to suppress Indian hostilities.

The march of the army to Salt Lake Cit}^ through the Indian Terri-
tory has had a powerful effect in restraining the hostile feelings 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 of establishing military posts and promoting set-
tlements along the route.

I recommend that the benefits of our land laws and preemption sys-
tem 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 result of our nego-
tiations with China.

You were informed by my last annual message that our minister had
been instructed to occupy a neutral position in the hostilities conducted
by Great Britain and France against Canton, He was, however, at the
same time directed to cooperate cordially with the British and French
ministers in all peaceful measures to secure by treaty those just conces-
sions to foreign commerce which the nations of the w^orld had a right to
demand. 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 exclusively to Congress.

Besides, after a careful examination of the nature and extent of our
grievances, I did not believe they were of such a pressing 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 inclined to this opinion
because of the severe chastisement which had then but recently been
inflicted upon the Chinese by our squadron in the capture and destruc-
tion of the Barrier forts to avenge an alleged insult 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 plenipotentiary, he has peacefully, but effectually, co-
operated with the English and French plenipotentiaries, and each of the
four powers has concluded a separate treaty with China of a highly sat-
isfactory character. The treaty concluded by our own plenipotentiary
will immediately be submitted to the Senate.

I am happy to announce that through the energetic yet conciliatory
efforts of our consul-general in Japan a new treaty has been concluded
with that Empire, w^hich may be expected materially to augment our
trade and intercourse in that quarter and remove from our countrymen

James Buchanan 507

the disabilities which have heretofore been imposed upon the exercise of
their rehgion. The treaty shall be submitted to the Senate for approval
without delay.

It is my earnest desire that every misunderstanding with the Govern-
ment of Great Britain should be amicably and speedily adjusted. It has
been the misfortune of both countries, almost ever since the period of
the Revolution, to have been anno^^ed by a succession of irritating and
dangerous questions, threatening their friendly relations. This has par-
tially prevented the full development of those feelings of mutual friend-
ship between the people of the two countries so natural in themselves
and so conducive to their common interest. Any serious interruption of
the commerce between the United States and Great Britain would be
equally injurious to both. In 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, I am gratified to inform 3'ou that the
long-pending controversy- between the two Governments in relation to
the question of visitation and search has been amicably adjusted. The
claim on the part of Great Britain forcibly to visit American vessels on
the high seas in time of peace could not be sustained under the law of
nations, and it had been overruled b}' her own most eminent jurists. This
question 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 the.se waters are traversed by a large portion of the com-
merce and navigation of the United States and their free and unrestricted
use is essential to the security of the coa.stwise trade between the differ-
ent States of the Union. Such vexatious interruptions could not fail
to excite the feelings of the country and to require the interposition of
the Government. Remonstrances were addressed to the liritish Govern-
ment against the.se violations of our rights of sovereignty, and 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 ves.sels of war of any other nation. ' ' The.se measures
received the unqualified and even enthu.siastic ajiprobation of the Ameri-
can people. Mo.st fortunately, however, no collision took place, and the
British Government prompth- avowed its recognition of the principles of
international law upon this subject as laid down l)y the Government
of the United vStates in the note of the Secretary of State to the Brit-
i.sh minister at \Va.sliington of April 10, 1858, which secure the vessels of
the United States ujxjn the high seas from visitation or searcli in time
of ]>eace under any circumstances whatever. The claim has been aban-
doned in a manner reflecting honor on the British Government and evin-
cing a just regard for the law of nations, and can not fail to strengthen
the amicable relations between the two countries.

5o8 Messages and Papers of the Presidents

The British Government at the same time proposed to the United
States that some mode should be adopted, by mutual arrangement between
the two countries, of a character which may be found effective without
being offensive, for verifying the nationality of vessels suspected on good
grounds of carrying false colors. They have also invited the United
States to take the initiative and propose measures for this purpose.
Whilst declining to assume so grave a responsibility, the Secretary of
State has informed the British Government that we are ready to receive
any proposals which they may feel disposed to offer having this object
in view, and to consider them in an amicable spirit. A strong opinion is,
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
regulations which might be incompatible with the freedom of the seas.
This Government has yet received no communication specifying the man-
ner in which the British Government would propose to carry out their
suggestion, and I am inclined to believe that no plan which can be devised
will be free from grave embarrassments. Still, I shall form no decided
opinion on the subject until I shall have carefully and in the best spirit
examined any proposals which they may think proper to make.

I am truly sorr}^ I can not also inform you that the complications
between Great Britain and the United States arising out of the Clayton
and Bulwer treaty of April, 1850, have been finally adjusted.

At the commencement of your last session I had reason to hope that,
emancipating themselves from further unavailing discussions, the two
Governments would proceed to vSettle the Central American questions in a
practical manner, alike honorable and satisfactory to both; and this hope
I have not yet abandoned. In my last annual message I stated that
overtures had been made by the British Government for this purpose in
a friendly spirit, which I cordially reciprocated. Their proposal was to
withdraw these questions from direct negotiation between the two Gov-
ernments, but to accomplish the same object hy a negotiation between
the British Government and each of the Central American Republics
whose territorial interests are immediately involved. The settlement
was to be made in accordance with the general tenor of the interpreta-
tion placed upon the Clayton and Bulwer treaty by the United States,
with certain modifications. As negotiations are still pending upon this
basis, it would not be proper for me now to communicate their present
condition. A final settlement of these questions is greatly to be desired,
as this would wipe out the last remaining subject of dispute between the
two countries.

Our relations with the great 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 unsatisfactory condition. In
my message of December last I informed you that our envoy extraordi-

James Bjichanan 509

nary and minister plenipotentiary to Madrid had asked for his recall, and
it was my purpose to send out a new minister to that 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 insulted our national flag and in repeated instances have
from time to time inflicted injuries on the persons and property of our
citizens. These have given birth to numerous claims against the Spanish
Government, the merits of which have been ably discussed for a series
of years by our successive diplomatic representatives. Notwithstanding
this, we have not arrived at a practical result in any single instance,
unless we may except the case of the Black Warrior, under the late Ad-
ministration, and that presented an outrage of such a character as would
have justified an immediate resort to war. All our attempts to obtain
redress have been baffled and defeated. The frequent and oft-recurring
changes in the Spanish ministry have been employed as reasons for delay.
We have been compelled to wait again and again until the new minister
shall have had time to investigate the justice of our demands.

Even what have been denominated "the Cuban claims," in which
more than 100 of our citizens are directly interested, have furnished no
exception. These claims were for the refunding of duties unjustly ex-
acted from American vessels at different custom-houses in Cuba so long
ago as the year 1844. The principles upon which they rest are so mani-
festly equitable and just that, after a period of nearly ten years, in 1854
they were recognized 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 $128,635.54. Just at the moment, after a delay of fourteen years,
when we had reason to expect that this sum would l)e repaid with in-
terest, we have received a proposal offering to refund one-third of that
amount ($42,878.41), but without interest, if we would accept this in
full .satisfaction. The offer is also accompanied by a declaration that
this indenniification 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 adjust-
ment of our claims arises from an obstacle which it is the duty of the
Spanish Government to remove. Whilst the Captain-General of Cuba
is invested with general despotic authority in the government of that
island, the jwwer is withheld from him to examine and redress wrongs
committed by officials under his control on citizens of the United States.

5IO Messages and Papers of the Presidents

Instead of making our complaints directly to him at Havana, we are
obliged to present them through our minister at Madrid. These are then
referred back to the Captain-General for information, and much time is
thus consumed in preliminary investigations and correspondence between
Madrid and Cuba before the Spanish Government will consent to proceed
to negotiation. Many of the difficulties between the two Governments
would be obviated and a long train of negotiation avoided if the Captain-
General were invested with authority to settle questions of easy solution
on the spot, where all the facts are fresh and could be promptly and satis-
factorily ascertained. We have hitherto in vain urged upon the Spanish
Government to confer this power upon the Captain-General, and our min-
ister to Spain will again be 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, including Spain itself, and our
citizens are in habits of daily and extended personal intercourse with
every part of the island. It is therefore a great grievance that when
any difficulty occurs, no matter how unimportant, 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 colonial condition, is a constant
source of injury and annoyance to the American people. It is 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 to that island. The late seri-
ous difficulties between the United States and Great Britain respecting
the right of search, now so happily terminated, could never have arisen
if Cuba had not afforded a market for slaves. As long as this market
shall remain open there can be no hope for the civilization of benighted
Africa. Whilst the demand for slaves continues in Cuba wars will be
waged among the petty and barbarous chiefs in Africa for the purpose of
seizing subjects to supply this trade. In such a condition of affairs it is
impossible that the light of civilization and religion can ever 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 negotiation. If this were accomplished, the last
relic of the African .slave trade would instantly disappear. We would
not, if we could, acquire Cuba in any other manner. This is due to our
national character. All the territory which we have acquired since the
origin of the Government has been by fair purchase from France, Spain,
and Mexico or by the free and voluntary act of the independent State
of Texas in blending her destinies with our own. This course we shall
ever pursue, unless circumstances should occur which we do not now

Jaines Buchanan 511

anticipate, rendering a departure from it clearly justifiable under the
imperative and overruling law of self-preservation.

The island of Cuba, from its geographical 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 States of the Union. With that island
under the dominion of a distant foreign power this trade, of vital im-
portance to these States, is exposed to the danger of being destroyed in
time of war, and it has hitherto been subjected to perpetual injury and
annoyance in time of peace. Our relations with Spain, which ought to
be of the most friendly character, must alwaj's be placed in jeopardy
whilst the existing colonial government over the island shall remain in
its present condition.

Whilst the possession of the island would be of vast importance to the
United States, its value to Spain is comparatively unimportant. Such was
the relative situation of the parties when the great Napoleon transferred
lyouisiana to the United States. Jealous as he ever was of the national
honor and interests of France, no person throughout the world has im-
puted blame to him for accepting a pecuniar}^ equivalent for this cession.

The publicity which has been given to our former negotiations upon
this subject and the large appropriation which may be required to effect
the purpose render it expedient before making another attempt to renew
the negotiation that I should lay the whole subject before Congress.
This is especially necessary, as it may become indispensable to success
that I should be intrusted with the means of making an advance to the
Spanish Government immediately after the signing of the treaty, without
awaiting the ratification of it by the Senate. I am encouraged to make
this suggestion by the example of Mr. Jefferson previous to the purchase
of Louisiana from France and by that of Mr. Polk in view of the acqui-
sition of territory from Mexico. I refer the whole subject to Congress
and conunend it to their careful consideration.

I repeat the recommendation made in my message of December last in
favor of an appropriation ' ' to be paid to the Spanish Government for the
purpose of distribution among the claimants in the Amistad case. ' ' Presi-
dent Polk first made a similar recommendation in December, 1847, and
it was relocated by my immediate predecessor in December, 1H53. I en-
tertain no doubt that indemnity is fairly due to these claimants muler our
treaty with Spain of October 27, 1795; and whilst demanding justice we
ought to do ju.stice. An approi)riati()n ijromptly made for this purpose
could not fail to exert a favorable influence on our negotiations with vSpain.

Our ix)sition in relation to the independent States soutli of us on this
continent, and e.sj)ecially those within the limits of North America, is of
a peculiar character. The northern Ixmndary of Mexico is coincident
with our own southern boundary from ocean to (KX-an, and we nuist nec-
essarily feel a deep interest in all that concerns the well-being and the

512 Messages and Papers of the Presidents

fate of so near a neighbor. We 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
stable government. We have never hitherto interfered, directly or indi-
rectly, with its internal affairs, and it is a duty which we owe to ourselves
to protect the integrity of its territory against the hostile interference of
any other power. Our geographical position, our direct interest in all
that concerns Mexico, and our well-settled policy in regard to the North
American continent render this an indispensable duty.

Mexico has been in a state of constant revolution almost ever since it
achieved its independence. One military leader after another has usurped
the Government in rapid succession, and the various constitutions from
time to time adopted have been set at naught almost as soon as they were
proclaimed. The successive Governments have afforded no adequate
protection, either to Mexican citizens or foreign residents, against law-
less violence. Heretofore a seizure of the capital by a military chieftain
has been generally followed by at least the nominal submission of the
country to his rule for a brief period, but not so at the present crisis of
Mexican affairs. A civil war has been raging for some time throughout
the Republic between the central Government at the City of Mexico,
which has endeavored to subvert the constitution last framed by military
power, and those who maintain the authority of that constitution. The
antagonist parties each hold possession of different States of the Repub-
lic, and the fortunes of the war are constantly changing. Meanwhile the
most reprehensible means have been employed by both parties to extort
money from foreigners, as well as natives, to carry on this ruinous con-
test. The truth is that this fine country, blessed with a productive
soil and a benign climate, has been reduced by civil dissension to a con-
dition of almost hopeless anarchy and imbecility. It would be vain for
this Government to attempt to enforce payment in money of the claims
of American citizens, now amounting to more than $10,000,000, against
Mexico, because she is destitute of all pecuniary means to satisfy these
demands.

Our late minister was furnished with ample powers and instructions
for the adjustment of all pending questions with the central Government
of Mexico, and he performed his duty with zeal and ability. The claims
of our citizens, some of them arising out of the violation of an express
provision of the treaty of Guadalupe Hidalgo, and others from gross
injuries to persons as well as property, have remained unredressed and
even unnoticed. Remonstrances against these grievances have been ad-
dressed without effect to that Government. Meantime in various parts
of the Republic instances have been numerous of the murder, imprison-
ment, and plunder of our citizens by different parties claiming and exerci-
sing a local jurisdiction; but the central Government, although repeatedly
urged thereto, have made no effort either to punish the authors of these

Ja^nes Buchanan 513

outrages or to prevent their recurrence. No American citizen can now
visit Mexico on lawful business without imminent danger to his person
and property. There is no adequate protection to either, and in this
respect our treaty with that Republic is almost a dead letter.

This state of affairs was brought to a crisis in May last by the promul-
gation of a decree levying a contribution pro rata upon all the capital in
the Republic between certain specified amounts, whether held by Mexi-
cans or foreigners. Mr. Forsyth, regarding this decree in the light of a
"forced loan," formally protested against its application to his country-
men and advised them not to pay the contribution, but to suffer it to be
forcibly exacted. Acting upon this advice, an American citizen refused
to pay the contribution, and his property was seized by armed men to
satisfy the amount. Not content with this, the Government proceeded
still further and issued a decree banishing him from the country. Our
minister immediately notified them that if this decree should be carried
into execution he would feel it to be his duty to adopt ' ' the most decided
measures that belong to the powers and obligations of the representative
office." Notwithstanding this warning, the banishment was enforced,
and Mr. Forsyth promptly announced to the Government the suspension
of the political relations of his legation with them until the pleasure of
his own Government should be ascertained.

This Government did not regard the contribution imposed by the de-
cree of the 15th May last to be in strictness a "forced loan," and as such
prohibited by the tenth article of the treaty of 1826 between Great Britain
and Mexico, to the benefits of which American citizens are entitled by
treaty; yet the imposition of the contribution upon foreigners was con-
sidered an unjust and oppressive measure. Besides, internal factions in
other parts of the Republic were at the same time levying similar exac-
tions uiK)n the property of our citizens and interrupting their commerce.
There had been an entire failure on the part of our minister to secure re-
dress for the wrongs which our citizens had endured, notwithstanding his
persevering efforts. And from the temper manifested by the Mexican
Government he had repeatedly assured us that no favorable change could
be expected until the United States should ' ' give striking evidence of
their will and jK>wer to protect their citizens," and that " severe chasten-
ing is the only earthly remedy for our grievances." From this state-
ment of facts it would have Ix^en worse than idle to direct Mr. Forsyth to
retrace his steps and resume diplomatic relations with that (lovernment,
and it was therefore deemed proper to sanction his witlulrawal of the
legation from the City of Mexico.

Abundant cause now undoubtedly exists for a resort to hostilities
against the Government still holding pos.session of the capital. Should
they succeed in sulxluing the constitutional forces, all reasonable hoj^
will then have expired of a peaceful settlement of our difficulties.

On the other hand, should the constitutional party prevail and their
M P— VOL V — 33

514 Messages and Papers of the Presidents

authority be established over the RepubHc, there is reason to hope that
they will be animated by a less unfriendly spirit and may grant that
redress to American citizens which justice requires so far as they may
possess the means. But for this expectation I should at once have rec-
ommended to Congress to grant the necessary power to the President to
take possession of a sufficient portion of the remote and unsettled terri-
tory of Mexico, to be held in pledge until our injuries shall be redressed
and our just demands be satisfied. We have already exhausted every
milder means of obtaining justice. In such a case this remedy of reprisals
is recognized by the law of nations, not only as just in itself, but as a means
of preventing actual war.

But there is another view of our relations with Mexico, arising from
the unhappy condition of affairs along our southwestern frontier, which
demands immediate action. In that remote region, where there are
but few white inhabitants, large bands of hostile and predatory Indians
roam promiscuously over the Mexican States of Chihuahua and Sonora
and our adjoining Territories. The local governments of these States
are perfectly helpless and are kept in a state of constant alarm by the
Indians. They have not the power, if they possessed the will, even to
restrain lawless Mexicans from passing the border and committing depre-
dations on our remote settlers. A state of anarchy and violence prevails
throughout that distant frontier. The laws are a dead letter and life
and property wholly insecure. For this reason the settlement of Arizona
is arrested, whilst it is of great importance that a chain of inhabitants
should extend all along its southern border sufficient for their own pro-
tection and that of the United States mail passing to and from California.
Well-founded apprehensions are now entertained that the Indians and
wandering Mexicans, equally lawless, may break up the important stage
and postal communication recentlj* established between our Atlantic and
Pacific possessions. This passes very near to the Mexican boundary
throughout the whole length of Arizona. I can imagine no possible
remedy for these evils and no mode of restoring law and order on that
remote and unsettled frontier but for the Government of the United
States to assume a temporary protectorate over the northern portions of
Chihuahua and Sonora and to establish military posts within the same;
and this I earnestly recommend to Congress. This protection may be
withdrawn as soon as local governments shall be established in these
Mexican States capable of performing their duties to the United States,
restraining the lawless, and preserving peace along the border.

I do not doubt that this measure will be viewed in a friendly spirit hy
the governments and people of Chihuahua and Sonora, as it will prove
equally effectual for the protection of their citizens on that remote and
lawless frontier as for citizens of the United States.

And in this connection permit me to recall your attention to the con-
dition of Arizona. The population of that Territory, numbering, as is

James Buchanan 515

alleged, more than 10,000 souls, are practically without a government,
without laws, and without any regular administration of justice. Mur-
der and other crimes are committed with impunity. This state of things
calls loudly for redress, and I therefore repeat ray recommendation for the
establishment of a Territorial government over Arizona.

The political condition of the narrow isthmus of Central America,
through which transit routes pass between the Atlantic and Pacific
oceans, presents a subject of deep interest to all commercial nations.
It is over these transits that a large proportion of the trade and travel
between the European and Asiatic continents is destined to pass. To
the United States these routes are of incalculable importance as a means
of communication between their Atlantic and Pacific possessions. The
latter now extend throughout seventeen degrees of latitude on the Pacific
coast, embracing the important State of California and the flourishing
Territories of Oregon and Washington. All commercial nations there-
fore have a deep and direct interest that these communications shall be
rendered secure from interruption. If an arm of the sea connecting the
two oceans penetrated through Nicaragua and Costa Rica, it could not be
pretended that these States would have the right to arrest or retard its
navigation to the injury of other nations. The transit by land over this
narrow isthmus occupies nearly the same position. It is a highway in
which they themselves have little interest when compared with the vast
interests of the rest of the world. Whilst their rights of sovereignty
ought to be respected, it is the duty of other nations to require that this
important passage shall not be interrupted by the civil wars and revolu-
tionary outbreaks which have so frequently occurred in that region. The
stake is too important to be left at the mercy of rival companies claiming
to hold conflicting contracts with Nicaragua. The conunerce of other
nations is not to stand still and await the adjustment of such petty con-
trovensies. The Government of the United States expect no more than
this, and they will not l)e .satisfied with less. They would not, if they
could, derive any advantage from the Nicaragua transit not common to
the rest of the world. Its neutrality and protection for the common use
of all nations is their onl^- object. They have no objection that Nicaragua
shall demand and receive a fair ccmipen.sation from the companies and
individuals who may traver.se the route, but they insist that it shall never
hereafter l>e closed by an arbitrary decree of that Government. If dis-
putes arise lx;tween it and those with whom they may have entered into
contracts, these nuist be adjusted by some fair tribunal ]m)vidc'(l for the
purpo.se, and the route nui.st not l)e clo.sed jxMiding the controvers)'. This
is our whole polic}', and it can not fail to Ije acceptable to other nations.

All these difficulties might be avoided if, con.sistently with the good
faith of Nicaragua, the use f)f this tran.sit could be thrown open to gen-
eral comj>etition, providing at the same time for the ])ayment of a rea-
sonable rate to the Nicaraguan Govenunent on pa.ssengers and freight.

5i6 Messages and Papers of the Presidents

In August, 1852, the Accessory Transit Company made its first inter-
oceanic trip over the Nicaraguan route, and continued in successful oper-
ation, with great advantage to the public, until the i8th February, 1856,
when it was closed and the grant to this company as well as its charter
were summarily and arbitrarily revoked by the Government of President
Rivas. Previous to this date, hovvcver, in 1854, serious disputes concern-
ing the settlement of their accounts had arisen between the company
and the Government, threatening the interruption of the route at any
moment. These the United States in vain endeavored to compose. It
would be useless to narrate the various proceedings which took place
between the parties up till the time when the traiasit was discontinued.
Suffice it to say that since February, 1856, it has remained closed, greatly
to the prejudice of citizens of the United States. Since that time the
competition has ceased between the rival routes of Panama and Nicara-
gua, and in consequence thereof an unjust and unreasonable amount has
been exacted from our citizens for their passage to and from California.

A treaty was signed on the i6th day of November, 1857, by the Sec-
retary of State and minister of Nicaragua, under the stipulations of which
the use and protection of the transit route would have been secured, not
onl)^ to the United States, but equally to all other nations. How and on
what pretext this treaty has failed to receive the ratification of the Nic-
araguan Government will appear b}' the papers herewith communicated
from the State Department. The principal objection seenis to have been
to the provision authorizing the United States to employ force to keep
the route open in case Nicaragua should fail to perform her duty in this
respect. From the feebleness of that Republic, its frequent changes of
government, and its constant internal dissensions, this had become a
most important stipulation, and one essentially necessary, not only for the
security of the route, but for the safety of American citizens passing and
repassing to and from our Pacific possessions. Were such a stipulation
embraced in a treat}^ between the United States and Nicaragua, the
knowledge of this fact would of itself most probably prevent hostile
parties from committing aggressions on the route, and render our actual
interference for its protection unnecessary.

The executive government of this country in its intercourse with for-
eign nations is limited to the employment of diplomacy alone. When
this fails it can proceed no further. It can not legitimately resort to force
without the direct authority of Congress, except in resisting and repelling
hostile attacks. It would have no authority to enter the territories of
Nicaragua even to prevent the destruction of the transit and protect the
lives and property of our own citizens on their passage. It is true that
on a sudden emergency of this character the President would direct any
armed force in the vicinity to march to their relief, but in doing this he
would act upon his own responsibility.

Under these circumstances I earnestly recommend to Congress the

James Buchanan 517

passage of an act authorizing the President, under such restrictions as
they may deem proper, to employ the land and naval forces of the United
States in preventing the transit from being obstructed or closed by law-
less violence, and in protecting the lives and property of American citizens
traveling thereupon, requiring at the same time that these forces shall
be withdrawn the moment the danger shall have passed away. Without
such a provision our citizens will be constantly exposed to interruption
in their progress and to lawless violence.

A similar necessity exists for the passage of such an act for the protec-
tion of the Panama and Tehuantepec routes.

In reference to the Panama route, the United States, by their existing
treaty with New Granada, expressly guarantee the neutrality of the Isth-
mus, ' ' with the view that the free transit from the one to the other sea
may not be interrupted or embarrassed in any future time while this
treaty exists. ' '

In regard to the Tehuantepec route, which has been recentl}' opened
under the most favorable auspices, our treaty with Mexico of the 30th
December, 1853, secures to the citizens of the United States a right of
transit over it for their persons and merchandise and stipulates that
neither Government shall * ' interpose any obstacle' ' thereto. It also con-
cedes to the United States the ' ' right to transport across the Isthmus, in
closed bags, the mails of the United States not intended for distribution
along the line of the communication; also the effects of the United States
Government and its citizens which ma^" be intended for transit and not
for distribution on the Isthmus, free of custom-house or other charges
by the Mexican Government."

These treaty stipulations with New Granada and Mexico, in addition
to the considerations applicable to the Nicaragua route, seem to require
legislation for the purpose of carrying them into effect.

The injuries which have been inflicted upon our citizens in Costa Rica
and Nicaragua during the last two or three jears have received the
prompt attention of this Government. Some of the.se injuries were of
the most aggravated character. The transaction at Virgin Bay in April,
1856, when a company of unarmed Americans, who were in no way con-
nected with any Ixjlligerent conduct or i)arty, were tired ui)on by the
troops of Costa Rica and numl)ers of them killed and wounded, was
brought to the knowledge of Congress by my predece.ssor scx^n after its
occurrence, and was also presented to the Government of Costa Rica for
that immediate investigation and redress which the nature of the ca.se
demanded. A similar course was ])ursued with reference to other out-
rages in the.se countries, .some of which were hardly less aggravated in
their character than the transaction at Virgin Hay. At the time, how-
ever, when our present mini.ster to Nicaragua was a])])()inted, in Decem-
ber, 1857, no redress had iK'en obtained for any of these wrongs and no
repl^' even had been received to the demands which had lx.'en made by this

5i8 Messages and Papers of the Presidents

Government upon that of Costa Rica more than a year before. Our
minister was instructed, therefore, to lose no time in expressing to those
Governments the deep regret with which the President had witnessed
this inattention to the just claims of the United States and in demanding
their prompt and satisfactory adjustment. Unless this demand shall be
complied with at an early day it will only remain for this Government to
adopt such other measures as may be necessary in order to obtain for
itself that justice which it has in vain attempted to secure by peaceful
means from the Governments of Nicaragua and Costa Rica. While it
has shown, and will continue to show, the most sincere regard for the
rights and honor of these Republics, it can not permit this regard to be
met by an utter neglect on their part of what is due to the Government
and citizens of the United States.

Against New Granada we have long-standing causes of complaint, aris-
ing out of the unsatisfied claims of our citizens upon that Republic, and
to these have been more recently added the outrages committed upon our
citizens at Panama in April, 1856. A treaty for the adjustment of these
difficulties was concluded by the Secretary of State and the minister of
New Granada in September, 1857, which contained just and acceptable
provisions for that purpose. This treaty was transmitted to Bogota and
was ratified by the Government of New Granada, but with certain amend-
ments. It was not, however, returned to this city until after the close
of the last session of the Senate. It will be immediately transmitted to
that body for their advice and consent, and should this be obtained it
will remove all our existing causes of complaint against New Granada
on the subject of claims.

Questions have arisen between the two Governments as to the right
of New Granada to levy a tonnage duty upon the vessels of the United
States in its ports of the Isthmus and to lev)^ a passenger tax upon our
citizens arriving in that country, whether with a design to remain there
or to pass from ocean to ocean by the transit route; and also a tax upon
the mail of the United States transported over the Panama Railroad.
The Government of New Granada has been informed that the United
States would consider the collection of either of these taxes as an act in
violation of the treaty between the two countries, and as such would
be resisted by the United States. At the same time, we are prepared to
discuss these questions in a spirit of amity and justice and with a sin-
cere desire to adjust them in a satisfactory manner. A negotiation for
that purpose has already been commenced. No effort has recently been
made to collect these taxes nor is any anticipated under present circum-
stances,

"With the Empire of Brazil our relations are of the most friendly char-
acter. The productions of the two countries, and especially those of an
agricultural nature, are such as to invite extensive mutual exchanges.
A large quantity of American flour is consumed in Brazil, whilst more

James Biichanan 519

than treble the amount in value of Brazilian coflfee is consumed in the
United States. Whilst this is the case, a heavy dutj^ has been levied
until very recently upon the importation of American flour into Brazil.
I am gratified, however, to be able to inform you that in September last
this has been reduced from $1.32 to about 49 cents per barrel, and the
duties on other articles of our production have been diminished in nearly
the same proportion.

I regret to state that the Government of Brazil still continues to levy
an export duty of about 1 1 per cent on coffee, notwithstanding this article
is admitted free from duty in the United States. This is a heavy charge
upon the consumers of coffee in our country, as we purchase half of the
entire surplus crop of that article raised in Brazil. Our minister, under
instructions, will reiterate his efforts to have this export dut)' removed,
and it is hoped that the enlightened Government of the Emperor will
adopt this wise, just, and equal policy. In that event, there is good
reason to believe that the commerce between the two countries will
greatly increase, much to the advantage of both.

The claims of our citizens against the Government of Brazil are not in
the aggregate of very large amount; but some of these rest upon plain
principles of justice and their settlement ought not to be longer delayed.
A renewed and earnest, and I trust a successful, effort will be made by
our minister to procure their final adjustment.

On the 2d of June last Congress passed a joint resolution authorizing
the President "to adopt such measures and use .such force as in his judg-
ment may be necessary and advisable" "for the purpose of adjusting
the differences Ix^tween the United States and the Republic of Paraguay
in connection with the attack on the United States steamer Water Witch
and with other measures referred to" in his annual message, and on
the 12th of July following they made an appropriation to defray the
expenses and compensation of a commissioner to that Republic should
the President deem it proper to make such an appointment.

In compliance with these enactments, I have apjxjinted a commiasioner,
who has proceeded to Paraguay with full powers and instructions to
settle these differences in an amicable and peaceful manner if this be
practicable. His experience and di.scretion justify the hope that he may
prove successful in convincing the Paraguayan Govenunent that it is due
both to honor and justice that they should voluntarily and promptly
make atonement for tlie wrongs which they have committed against the
United States and indemnify our injured citizens whom they ha\e forcibly
des|X)iled of their property.

Should our connnissioner im)ve unsuccessful after a sincere and earnest
effort to accomplish the object of his mi.ssion, tlien no alternative will
remain but the employment of force to obtain "just .satisfaction" from
Paraguay. In view of this contingency, the vSecretary of the Navy, inider
my direction, has fitted out and dispatched a naval force to rendezvous

^20 Messages a7id Papers of the Presidents

near Buenos Ayres, which, it is beheved, will prove sufficient for the occa-
sion. It is my earnest desire, however, that it may not be found necessary
to resort to this last alternative.

When Congress met in December last the business of the country had
just been crushed by one of those periodical revulsions which are the
inevitable consequence of our unsound and extravagant system of bank
credits and inflated currency. With all the elements of national wealth
in abundance, our manufactures were suspended, our useful public and
private enterprises were arrested, and thousands of laborers were deprived
of employment and reduced to want. Universal distress prevailed among
the commercial, manufacturing, and mechanical classes. This revulsion
was felt the more severely in the United States because similar causes had
produced the like deplorable effects throughout the commercial nations
of Europe. All were experiencing sad reverses at the same moment.
Our manufacturers everywhere suffered severely, not because of the
recent reduction in the tariff of duties on imports, but because there
was no demand at any price for their productions. The people were
obliged to restrict themselves in their purchases to articles of prime
necessity. In the general prostration of business the iron manufacturers
in different States probably suffered more than any other class, and much
destitution was the inevitable consequence among the great number of
workmen w^ho had been emplo^-ed in this useful branch of industrj-.
There could be no supply where there was no demand. To present an
example, there could be no demand for railroad iron after our magnificent
system of railroads, extending its benefits to every portion of the Union,
had been brought to a dead pause. The same consequences have resulted
from similar causes to many other branches of useful manufactures. It
is self-evident that where there is no ability to purchase manufactured
articles these can not be sold, and consequently must cease to be produced.

No government, and especially a government of such limited powers
as that of the United States, could have prevented the late revulsion.
The whole commercial world seemed for years to have been rushing to
this catastrophe. The same ruinous consequences would have followed
in the United States whether the duties upon foreign imports had re-
mained as they were under the tariff of 1846 or had been raised to a much
higher standard. The tariff of 1857 had no agency in the result. The
general causes existing throughout the world could not have been con-
trolled by the legislation of an)- particular country.

The periodical revulsions which have existed in our past history' must
continue to return at inter\-als so long as our present unbounded system
of bank credits shall prevail. They will, however, probably be the less
severe in future, because it is not to be expected, at least for many years
to come, that the commercial nations of Europe, with whose interests
our own are so materially involved, will expose themselves to similar
calamities. But this subject was treated so much at large in my last

Jmnes Buchanan 521

annual message that I shall not now pursue it further. Still, I respect-
fully renew the recommendation in favor of the passage of a uniform
bankrupt law applicable to banking institutions. This is all the direct
power over the subject which I believe the Federal Government pos-
sesses. Such a law would mitigate, though it might not prevent, the
evil. The instinct of self-preservation might produce a wholesome re-
straint upon their banking business if they knew in advance that a sus-
pension of specie payments would inevitably produce their civil death.

But the effects of the revulsion are now slowly but surely passing
away. The energ>' and enterprise of our citizens, with our unbounded
resources, will within the period of another >ear restore a state of whole-
some industry and trade. Capital has again accumulated in our large
cities. "The rate of interest is there very low. Confidence is gradually
reviving, and so soon as it is discovered that this capital can be profit-
ably employed in commercial and manufacturing enterprises and in the
construction of railroads and other works of public and private improve-
ment prosperity will again smile throughout the land. It is vain, how-
ever, to disguise the fact from ourselves that a speculative inflation of
our currency without a corresponding inflation in other countries whose
manufactures come into competition with our own nuist ever produce
disastrous results to our domestic manufactures. No tariff short of
ab.solute prohibition can prevent these evil consequences.

In connection with this subject it is proper to refer to our financial
condition. The same causes which have produced pecuniary distress
throughout the country have so reduced the amount of imports from
foreign countries that the revenue has proved inadequate to meet the
necessary expenses of the Government. To supply the deficienc}^ Con-
gress, by the act of Decemljer 23, 1857, authorized the issue of $20,000,000
of Trea.sury notes; and this proving inadequate, they authorized, by the
act of June 14, 1858, a loan of $20,000,000, " to be applied to the payment
of appropriations made by law."

No .statesman would advi.se that we should go on increasing the national
debt to meet the ordinar>' expenses of the Government. This would be
a mo.st ruinous policy. In case of war our credit nuist be our chief
resource, at least for the first year, and this would Ix' greatly impaired
by having contracted a large debt in time of peace. It is our true policy
to increase our reveiuie .so as to eciual our cxj)enditures. It would l)e
ruinous to continue to lx)rrow. Besides, it may l)e projK'r to observe
that the incidental protection thus afforded by a revenue tariff would at
the present moment to some extent increase the confidence of the manu-
facturing intere.sts and give a fre.sh impulse to our reviving busine.ss.
To this surely no per.son will object.

In regard to the mode of as.se.ssing and collecting duties under a .strictly
revenue tariff, I have long entertained and often cxj^rcsscd the opinion
that sound policy requires this should be done by sixK:ific duties in cases

522 Messages and Papers of ike Presidents

to which these can be properly appHed. They are well adapted to com-
modities which are usually sold by weight or by measure, and which from
their nature are of equal or of nearly equal value. Such, for example,
are the articles of iron of different classes, raw sugar, and foreign wines
and spirits.

In my deliberate judgment specific duties are the best, if not the only,
means of securing the revenue against false and fraudulent invoices, and
such has been the practice adopted for this purpose by other commercial
nations. Besides, specific duties would afford to the American manufac-
turer the incidental advantages to which he is fairly entitled under a
revenue tariff. The present system is a sliding scale to his disadvantage.
Under it, when prices are high and business prosperous, the duties rise
in amount when he least requires their aid. On the contrary, when
prices fall and he is struggling against adversity, the duties are dimin-
ished in the same proportion, greatly to his injury.

Neither would there be danger that a higher rate of duty than that
intended by Congress could be levied in the form of specific duties. It
would be easy to ascertain the average value of any imported article for
a series of j-ears, and, instead of subjecting it to an ad valorem duty at a
certain rate per centiun, to substitute in its place an equivalent specific
duty.

By such an arrangement the consumer would not be injured. It is
true he might have to pay a little more duty on a given article in one
year, but, if so, he would pay a little less in another, and in a series of
3^ears these would counterbalance each other and amount to the same
thing so far as his interest is concerned. This inconvenience would be
trifling when contrasted with the additional security thus afforded against
frauds upon the revenue, in which every consumer is directly interested.

I have thrown out these suggestions as the fruit of my own observa-
tion, to which Congress, in their better judgment, will give such weight
as they maj^ justly deser\^e.

The report of the Secretary of the Treasury will explain in detail the
operations of that Department of the Government. The receipts into
the Treasury from all sources during the fiscal year ending June 30, 1858,
including the Treasury notes authorized by the act of December 23, 1857,
were $70,273,869.59, which amount, with the balance of $17,710,114.27
remaining in the Treasury at the commencement of the year, made an
aggregate for the service of the year of $87,983,983.86.

The public expenditures during the fiscal year ending June 30, 1858,
amounted to $81,585,667.76, of which $9,684,537.99 were applied to the
payment of the public debt and the redemption of Treasury notes with
the interest thereon, leaving in the Treasury on July i, 1858, being the
commencement of the present fiscal year, $6,398,316.10.

The receipts into the Treasury during the first quarter of the present
fiscal year, commencing the ist of July, 1858, including one- half of the

James Buchanan 523

loan of $20,000,000, with the premium upon it, authorized by the act of
June 14, 1858, were $25,230,879.46, and the estimated receipts for the
remaining three quarters to the 30th of June, 1859, from ordinary sources
are $38,500,000, making, with the balance before stated, an aggregate
of $70,129,195.56.

The expenditures during the first quarter of the present fiscal year
were $21,708,198.51, of which $1,010,142.37 were applied to the pay-
ment of the public debt and the redemption of Treasury notes and the
interest thereon. The estimated expenditures during the remaining three
quarters to June 30, 1859, are $52,357,698.48, making an aggregate of
$74,065,896.99, being an excess of expenditure beyond the estimated
receipts into the Treasur\^ from ordinary sources during the fiscal year
to the 30th of June, 1859, of $3,936,701.43. Extraordinary means are
placed by law within the command of the Secretary of the Treasury,
by the reissue of Treasury notes redeemed and by negotiating the bal-
ance of the loan authorized by the act of June 14, 1858, to the extent of
$11,000,000, which, if realized during the present fiscal year, will leave a
balance in the Treasury on the ist day of July, 1859, of $7,063,298.57.

The estimated receipts during the next fiscal year, ending June 30,
i860, are $62,000,000, which, with the above-estimated balance of
$7,063,298.57 make an aggregate for the service of the next fiscal year
of $69,063,298.57. The estimated expenditures during the next fiscal
year, ending June 30, i860, are $73,139,147.46, which leaves a deficit
of estimated means, compared with the estimated expenditures, for that
year, commencing on July i, 1859, of $4,075,848.89.

In addition to this sum the Postmaster-General will require from the
Treasury for the .ser\dce of the Post-Office Department $3,838,728, as
explained in the report of the Secretary of the Treasury, which will
increa.se the estimated deficit on June 30, i860, to $7,914,576.89. To
provide for the payment of this estimated deficiency, which will be
increa.sed by such appropriations as may be made by Congress not
estimated for in the report of the Treasury Department, as well as to
provide for the gradual redemption from year to year of the outstanding
Treasury notes, the Secretary of the Treasury recommends such a revi-
sion of the present tariff as will rai.se the required amount. After what
I have already .said I need .scarcely add that I concur in the opinion
expres.sed in his report — that the public debt .should not l)e increa.sed by
an additional loan — and would therefore strongly urge upon Congress
the duty of making at their present .se.s.sion the neces.sary jirovision for
meeting these liabilities.

The public debt on July i, 185S, the commencement of the present
fiscal year, was $25,155,977.66.

During the first quarter of the present year the sinn of $K),fxDo,ooo
has l)een negotiated of tlie loan authorized l)y the act of June 14, 1858,
making the present outstanding public debt, exclusive of Trea.sury notes,

524 Messages and Papers of the Presidents

<^35, 155,977.66. There was on the ist of July, 1858, of Treasury notes
issued by authority of the act of Deceml^er 23, 1857, unredeemed, the
sum of $19,754,800, making the amount of actual indebtedness at that
date $54,910,777.66. To this will be added $10,000,000 during the pres-
ent fiscal 3'ear, this being the remaining half of the loan of $20,000,000
not yet negotiated.

The rapid increase of the public debt and the necessity which exists
for a modification of the tariff to meet even the ordinary expenses of the
Government ought to admonish us all, in our respective spheres of duty,
to the practice of rigid economy. The objects of expenditure should be
limited in number, as far as this may be practicable, and the appropria-
tions necessary to carry them into effect ought to be disbursed under the
strictest accountability. Enlightened economj- does not consist in the re-
fusal to appropriate money for constitutional purposes essential to the
defense, progress, and prosperity of the Republic, but in taking care that
none of this money shall be wasted by mismanagement in its application
to the objects designated by law.

Comparisons between the annual expenditure at the present time and
what it was ten or twenty years ago are altogether fallacious. The
rapid increase of our country in extent and population renders a corre-
sponding increase of expenditure to some extent unavoidable. This
is constantly creating new objects of expenditure and augmenting the
amount required for the old. The true questions, then, are, Have these
objects been unnecessarily multiplied, or has the amount expended upon
any or all of them been larger than comports with due economy? In
accordance with these principles, the heads of the different Executive
Departments of the Government have been instructed to reduce their
estimates for the next fiscal year to the lowest standard consistent with
the efficiency of the service, and this duty they have performed in a spirit
of just economy. The estimates of the Treasury, War, Navy, and Inte-
rior Departments have each been in some degree reduced, and unless a
sudden and unforeseen emergency should arise it is not anticipated that
a deficiency will exist in either within the present or the next fiscal year.
The Post-Office Department is placed in a peculiar position, different
from the other Departments, and to this I shall hereafter refer.

I invite Congress to institute a rigid scrutiny to ascertain whether the
expenses in all the Departments can not be still further reduced, and I
promise them all the aid in my power in pursuing the investigation.

I transmit herewith the reports made to me by the Secretaries of War,
of the Nav-y, of the Interior, and of the Postmaster-General. They each
contain valuable information and important recommendations, to which
I invite the attention of Congress.

In my last annual message I took occasion to recommend the imme-
diate construction of ten small steamers of light draft, for the purpose of
increasing the efl&ciency of the Navy. Congress responded to the recom-

James Buchanan 525

mendation by authorizing the construction of eight of them. The prog-
ress which has been made in executing this authority is stated in the
report of the Secretary of the Navy. I concur with him in the opinion
that a greater number of this class of vessels is necessar}- for the purpose
of protecting in a more efficient manner the persons and property of
American citizens on the high seas and in foreign countries, as well as
in guarding more effectually our own coasts. I accordingly recommend
the passage of an act for this purpose.

The suggestions contained in the report of the Secretary of the Interior,
especially those in regard to the disposition of the public domain, the
pension and bounty-land system, the policy toward the Indians, and the
amendment of our patent laws, are worthy of the serious consideration of
Congress.

The Post-Office Department occupies a position very different from that
of the other Departments. For many years it was the policy of the Gov-
ernment to render this a self-sustaining Department; and if this can not
now Ije accomplished, in the present condition of the country, we ought
to make as near an approach to it as may be practicable.

The Postmaster- General is placed in a most embarras.sing position by
the existing laws. He is obliged to carry these into effect. He has no
other alternative. He finds, however, that this can not be done without
heavy demands upon the Treasury over and above what is received for
postage, and these have been progressively increasing from year to year
until they amounted for the last fiscal year, ending on the 30th of June,
1858, to more than $4,500,000, whilst it is estimated that for the present
fiscal year they will amount to $6,290,000. These sums are exclusive
of the annual appropriation of $700,000 for "compensation for the mail
service performed for the two Houses of Congress and the other Depart-
ments and officers of the Government in the transmission of free matter. ' '

The cause of these large deficits is mainly attributable to the increased
expen.se of transporting the mails. In 1852 the sum paid for this service
was but a fraction above four millions and a quarter. Since that year it
has annually increased, until in 1858 it has reached more than eight mil-
lions and a quarter, and for the service of 1859 it is estimated that it will
amount to more than $10,000,000.

The receipts of the Post-Office Department can be made to approach
or to e<iual its expenditure only by means of the legislation of Congress.
In applying any remedy care .should be taken that the people shall not
l)e deprived of the advantages which they are fairly entitled to enjoy
from the Post-Office Department. The principal remedies recommended
to the con.sideration of Congress by the Postmaster-General are to restore
the former rate of postage upon single letters to 5 cents; to substitute
for the franking privilege the delivery to those now entitled to enjoy it
of post-office .stamps for their correspondence, and to direct the Depart-
ment in making contracts for the transportation of the mail to confine

526 Messages and Papers of the Presidents

itself to the payment of the sum necessary for this single purpose, without
requiring it to be transported in post coaches or carriages of any particular
description. Under the present system the expense to the Government
is greatly increased by requiring that the mail shall be carried in such
vehicles as will accommodate passengers. This will be done, without pay
from the Department, over all roads where the travel will remunerate the
contractors.

These recommendations deserve the grave consideration of Congress.

I would again call your attention to the construction of a Pacific rail-
road. Time and reflection have but served to confirm me in the truth
and justice of the observations which I made on this subject in my last
annual message, to which I beg leave respectfully to refer.

It is freely admitted that it would be inexpedient for this Government
to exercise the power of constructing the Pacific railroad by its own
immediate agents. Such a policy would increase the patronage of the
Executive to a dangerous extent, and introduce a system of jobbing and
corruption which no vigilance on the part of Federal officials could either
prevent or detect. This can only be done by the keen eye and active
and careful super\-ision of individual and private interest. The con-
struction of this road ought therefore to be committed to companies
incorporated by the States or other agencies whose pecuniary interests
would be directl}^ involved. Congress might then assist them in the
work by grants of land or of money, or both, under such conditions and
restrictions as would .secure the transportation of troops and munitions
of war free from an}" charge and that of the United States mail at a fair
and reasonable price.

The progress of events since the commencement of 3'our last session
has shown how soon difficulties disappear before a firm and determined
resolution. At that time such a road was deemed by wise and patriotic
men to be a visionary project. The great distance to be overcome and
the intervening mountains and deserts in the way were obstacles which,
in the opinion of man^-, could not be surmounted. Now, after the lapse
of but a single year, these obstacles, it has been discovered, are far less
formidable than they were supposed to be, and mail stages with passen-
gers now pass and repass regularly twice in each week, by a common
wagon road, between San Francisco and St. Louis and Memphis in less
than twenty-five days. The service has been as regularh* performed as
it was in former years between New York and this city.

Whilst disclaiming all authorit^^ to appropriate money for the construc-
tion of this road, except that derived from the war-making power of the
Constitution, there are important collateral considerations urging us to
undertake the work as speedily as possible.

The first and most momentous of these is that such a road would be a
powerful bond of union between the States east and west of the Rocky
Mountains. This is so self-evident as to require no illustration.

fames Buchanan 527

But again, in a commercial point of view, I consider this the great
question of the day. With the eastern front of our Repubhc stretching
along the Atlantic and its western front along the Pacific, if all the parts
should be united by a safe, eas}', and rapid intercommunication we must
necessarily command a very large proportion of the trade both of Europe
and Asia. Our recent treaties with China and Japan will open these rich
and populous Empires to our commerce; and the history of the world
proves that the nation which has gained possession of the trade with
eastern Asia has alwaj^s become wealthy and powerful. The peculiar
geographical position of California and our Pacific possessions invites
American capital and enterprise into this fruitful field. To reap the rich
har^'est, however, it is an indispensable prerequisite that we shall first
have a railroad to convey and circulate its products throughout every
portion of the Union. Besides, such a railroad through our temperate
latitude, which would not be impeded by the frosts and snows of winter
nor by the tropical heats of summer, would attract to itself much of the
travel and the trade of all nations passing between Europe and Asia.

On the 2ist of August last Lieutenant J. X. Mafiit, of the United
States brig Dolphin, captured the slaver Echo (formerly the Putnam, of
New Orleans) near Kay Verde, on the coast of Cuba, with more than
300 African negroes on board. The prize, under the command of Lieu-
tenant Bradford, of the United States Navy, arrived at Charleston on
the 27th August, when the negroes, 306 in number, were delivered into
the custody of the United States marshal for the district of South Caro-
lina. They were first placed in Castle Pinckney, and afterwards in Fort
Sumter, for safe-keeping, and were detained there until the 19th Sep-
tember, when the sur\-ivors, 271 in number, were delivered on board
the United States steamer Niagara to be transported to the coast of
Africa under the charge of the agent of the United States, pursuant to
the provisions of the act of the 3d March, 18 19, "in addition to the acts
prohibiting the slave trade. ' ' Under the .second section of this act the
President is ' ' authorized to make such regulations and arrangements as
he may deem expedient for the safe-keeping, support, and removal be-
yond the limits of the United States of all .such negroes, nuilattoes, or
persons of color ' ' captured by ves.sels of the United States as may be de-
livered to the marshal of the di.strict into which they are brought, "and
to appoint a proper person or per.sons residing upon the coast of Africa
as agent or agents for receiving the negroes, nnilatt<xs, or jK-rsons of
color delivered from on board ves,sels .seized in the jirosecution of the
slave trade by conunanders of United States armed ves.'^els.'"

A doubt immediately aro.se as to the true construction of this act. It
is quite clear from its tenns that the Pre.'^ident was authorized to pro-
vide "for the safe-keeping, support, and removal" of these negroes up
till the time of their delivery to the agent on the coast of Africa, but no
express provision was made for their protection and supi)ort after they

528 Messages and Papers of the Presidents

had reached the place of their destination. Still, an agent was to be ap-
pointed to receive them in Africa, and it could not have been supposed
that Congress intended he should desert them at the moment they were
received and turn them loose on that inhospitable coast to perish for
want of food or to become again the victims of the slave trade. Had
this been the intention of Congress, the employment of an agent to re-
ceive them, who is required to reside on the coast, was unnecessary,
and they might have been landed by our vessels anywhere in Africa and
left exposed to the sufferings and the fate which would certainly await
them.

Mr. Monroe, in his special mes.sage of December 17, 18 19, at the first
session after the act was passed, announced to Congress what in his opinion
w^as its true construction. He believed it to be his duty under it to follow
these unfortunates into Africa and make provision for them there until
they should be able to provide for themselves. In communicating this
interpretation of the act to Congress he stated that some doubt had been
entertained as to its true intent and meaning, and he submitted the ques-
tion to them so that they might, "should it be deemed advisable, amend
the same before further proceedings are had under it." Nothing was
done by Congress to explain the act, and Mr. Monroe proceeded to carry it
into execution according to his own interpretation. This, then, became
the practical construction. When the Africans from on board the Echo
were delivered to the marshal at Charleston, it became my duty to con-
sider what disposition ought to be made of them under the law. For
many reasons it was expedient to remove them from that locality as
speedily as possible. Although the conduct of the authorities and citi-
zens of Charleston in giving countenance to the execution of the law
was just what might have been expected from their high character, yet
a prolonged continuance of 300 Africans in the immediate vicinity of
that city could not have failed to become a source of inconvenience and
anxiety to its inhabitants. Where to send them was the question. There
was no portion of the coast of Africa to which they could be removed with
any regard to humanity except to Liberia. Under these circumstances
an agreement was entered into wnth the Colonization Society on the 7th
of September last, a copy of which is herewith transmitted, under which
the society engaged, for the consideration of $45,000, to receive these
Africans in Liberia from the agent of the United States and furnish them
during the period of one year thereafter with comfortable shelter, cloth-
ing, provisions, and medical attendance, causing the children to receive
schooling, and all, whether children or adults, to be instructed in the arts
of civilized life suitable to their condition. This aggregate of $45,000
was based upon an allowance of $150 for each individual; and as there
has been considerable mortality among them and may be more before
they reach Africa, the society have agreed, in an equitable spirit, to make
such a deduction from the amount as under the circumstances may appear

James Buchanan 529

just and reasonable. This can not be fixed until we shall ascertain the
actual number which may become a charge to the society.

It was also distinctly agreed that under no circumstances shall this
Government be called upon for any additional expenses.

The agents of the society manifested a laudable desire to conform to
the wishes of the Government throughout the transaction. They assured
me that after a careful calculation they would be required to expend the
sum of $150 on each individual in complying with the agreement, and
they would have nothing left to remunerate them for their care, trouble,
and responsibility. At all events, I could make no better arrangement,
and there was no other alternative. During the period when the Govern-
ment itself, through its own agents, undertook the task of providing for
captured negroes in Africa the cost per head was verj- much greater.

There having been no outstanding appropriation applicable to this
purpose, I could not advance any money on the agreement. I therefore
recommend that an appropriation may be made of the amount necessary
to carry it into effect.

Other captures of a similar character may, and probably will, be made
by our naval forces, and I earnestly recommend that Congress may
amend the second section of the act of March 3, 18 19, so as to free its
construction from the ambiguit}" which has so long existed and render
the duty of the President plain in executing its provisions.

I recommend to your favorable regard the local interests of the Dis-
trict of Columbia. As the residence of Congress and the Executive
Departments of the Government, we can not fail to feel a deep concern
in its welfare. This is heightened by the high character and the peace-
ful and orderly conduct of its resident inhabitants.

I can not conclude without performing the agreeable duty of express-
ing my gratification that Congress so kindly responded to the recom-
mendation of my la.st annual message by aflfording me sufficient time
before the clo.se of their late session for the examination of all the bills
presented to me for approval. This change in the practice of Congress
has proved to be a wholesome reform. It exerted a beneficial influence
on the transaction of legislative business and elicited the general appro-
bation of the country. It enabled Congress to adjourn with that dig-
nity and deliberation so l)ec(jming to the representatives of this great
Republic, without having crowded into general appropriation bills pro-
visions foreign to their nature and of doubtful constitutionality and
exi^ediency. Let me warmly and strongly connnend this precedent
e.stabli.shed by themselves as a guide to their proceedings during the
present ses.sion. ^.^^^^^ BUCHANAN.

M r vol, V— 34

530 Messages and Papers of the Presidents

SPECIAL MESSAGES.

Washington, December 7, 1858.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of amity and commerce tetween the United States and
Japan, concluded at the city of Yeddo on the 29th of July last.

JAMES BUCHANAN.

Washington, December 7, 1858.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty between the United States and China, signed at Tien-tsin
by the plenipotentiaries of the parties on the i8th day of June last.

JAMES BUCHANAN.

Executive; Mansion, December 10, 1858.
The President of the Senate.

Sir: In compliance wdth the resolution of the Senate of June 12, 1858,
I herewith communicate a report from the Secretary of the Interior, show-
ing ' ' the amount of money paid for pensions in each of the States and
Territories since the commencement of the present Government."

JAMES BUCHANAN.

Washington, December 10, 1858.
To the Senate and House of Represejitatives:

I transmit to Congress a copy of the treaty between the United States
and the Kingdom of Siam, concluded on the 29th of May, 1856, and pro-
claimed on the 1 6th of August last, and call the attention of that body to
the necessity of an act for carrying into effect the provisions of Article II
of the said treaty, conferring certain judicial powers upon the consul of
the United States who may be appointed to reside at Bangkok. I would
also suggest that the extension to the Kingdom of Siam of the provisions
of the act approved August 11, 1848, entitled "An act to carry into effect
certain provisions in the treaties between the United States and China
and the Ottoman Porte, giving certain judicial powers to ministers and
consuls of the United States in those countries," might obviate the neces-
sity of any other legislation upon the subject.

JAMES BUCHANAN.

James Buchanan 531

Executive Office,

TT T T r^ Washhip-toti, December /c, 18^8.

Hon. James L. Orr, .*. . j> ^

Speaker of the House of Representatives.
Sir: In compliance with a resolution of the House of Representatives
of the 13th instant, requesting the President of the United States, if not
inconsistent with the public interest, "to communicate all information
in his possession, or which may shortly come into his possession, respect-
ing the reported recent acts of visitation by officers of the British navy
of American vessels in the waters of the Gulf of Mexico, ' ' I transmit
the accompanying reports from the Secretaries of State and the Navy.
The report from the Secretary of State is not in strictness embraced
by the terms of the resolution, but I deem it advisable to communicate to
the House the information therein contained.

JAMES BUCHANAN.

Washington, Dccevibcr 20, 1858.
To the Senate of the United States:

I transmit a report from the Secretary of State, with accompanying
documents, in answer to the resolution of the Senate of the 7th of Jan-
uary last, calling for all the official dispatches and correspondence of the
Hon. Robert M. McLane and of the Hon. Peter Parker, late commissioners
of the United States in China, with the Department of State.

JAMES BUCHANAN.

Washington, Dccctnber 20, 1858.
To the Senate of the United States:

The Senate will learn from the thirty-five naval nominations herewith
submitted the result of my investigations under the resolutions of Con-
gress of March 10 and May 11, 1858. In compliance with these resolu-
tions, I have carefully examined the records of the courts of inquiry in
fifty-eight cases, and have arrived at the conclusion that twenty-three of
the officers ought to remain in the positions where they have been fixed
by the courts of inquiry.

The records are very voluminous and the lalK)r of examination, in
which I have l)een materially assisted by the Secretary of the Navy, the
Attorney-General, and the Conunissioncr of Patents, has consumed nuich
time.

Under the act of January 17, 1857, the courts of inquiry were directed
to investigate "the jjhysical, meiUal, professional, and moral fitness" of
each officer who applied to them for reHef. These investigations it was
my duty to review. They have l)een very extensive and searching, as
the Senate will perceive from an examination of tlie records, embracing
in many instances almost the entire professional life of the individual
from his first entrance into the ser\'ice.

532 Messages and Papers of the Presidents

In the performance of my duty I found the greatest difficulty in de-
ciding what should be considered as "moral fitness" for the Navy.
Physical, mental, and professional fitness may be decided with a consid-
erable degree of accuracy by a naval court of inquiry, but the question
of moral fitness is of a very different character. There has been but one
perfect standard of morality on earth, and how far a departure from His
precepts and example must proceed in order to disqualify an officer for
the naval service is a question on which a great difference of honest
opinion must always exist. On this question I have differed in several
instances from the courts of inquiry.

There is one nomination which I regret that I have not the power to
present to the Senate, and this is in the case of Commodore Stewart.
His name stood on the Register at the head of the list of captains in the
Nav}' until it was removed from this well-earned position by the retiring
board and placed on the list of retired officers. The deeply wounded
feelings of this veteran officer, who had contributed so much to the effi-
ciency and glory of the Navy from its infancy, prevented him from
applying for restoration to his rank and submitting to a court of inquiry
composed of his junior officers the question of his "physical, mental,
professional, and moral fitness" for the naval service. I would ere this
have recommended to Congress the passage of a joint resolution to re-
store him to his former rank had I not believed this would more appro-
priately emanate from the legislative branch of Government.

I transmit herewith to the Senate the original records in the fifty-eight
cases to which I have referred. After they shall have been examined
by the Senate I would respectfully request that they might be returned
to the Navy Department. j^^^g BUCHANAN.

Washington, December 22, 1858.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and Belgium for regulating
the commerce and navigation between the two countries, signed in this
city on the 17th of July last. ^^^^^ BUCHANAN.

Washington, December 23, 1858.
To the Senate of the United States:

I transmit for the consideration of the Senate a convention with New
Granada, signed on the loth day of September, 1857, and a translation
of the decree of the President of that Republic ratifying and confirming
the same with certain modifications and explanations.

JAMES BUCHANAN.

Jai7ies Biichanati 533

Washington, December 27, 1858.
To the Senate and House of Representatives:

I transmit a copy of a letter of the 8th of April last from the minister
of the United States in China, and of the decree and regulation which
accompanied it, for such revision thereof as Congress may deem expedi-
ent, pursuant to the sixth section of the act approved i ith August, 1848.

JAMES BUCHANAN.

Washington, /a«7mrj' ^, 1859.
To the House of Representatives:

I herewith transmit to the House of Representatives the report of the
Secretary of the Treasury, with the accompanying documents, contain-
ing the information called for by the resolution of the House of the 23d
December, 1858, concerning the correspondence in reference to the clear-
ance of vessels at the port of Mobile. JAMES BUCHANAN.

Washingtojst, famiary 5, iS^g.
To the Senate of the United States:

I transmit herewith, for the constitutional action of the Senate, the
articles of agreement and convention made and concluded on the 19th
day of June last with the Mendawakanton and Wahpakoota bands of the
Dakota or Sioux Indians. ^^^^^^ BUCHANAN.

Washington, faiinary 5, 1859.
To the Senate of the United States:

I transmit herewith, for the constitutional action of the Senate, the
articles of agreement and convention made and concluded on the 19th
day of June last (1858) with the Sissceton and Wahpaton bands of the
Dakota or Sioux Indians, with accompanying papers from the Depart-
ment of the Interior. j^j^jj,^ BUCHANAN.

Washington, fanuary 5-, iS=;g.
To the Senate of the United States:

I transmit herewith to the Senate, for its consideration with a view to
ratification, a convention between the United States and the Republic
of Chili, .signed by the pleniixHentiaries of the parties on the loth day of
Noveml)er la.st, providing for the reference to an arbiter of the (jucstions
which have long been in controversy 1)etween the two (^.ovcrninents rela-
tive to a sum of money, the prcx^eeds of the cargo of the brig .^farrdonia,
alleged to have lx?longed to citizens t)f the United States, which was
.seized in the Valley of Sitana, in Peru, by orders of an ofTioer in the
service of the Republic of ChiU. ^^^^^^ BUCHANAN.

534 Messages and Papers of the Presidents

Washington City, January 6, iS^g.
To the House of Representatives:

I herewith transmit to the House of Representatives a report from the
Secretary of the Navy, with accompanying papers, in compHance with a
resolution adopted December 23, 1858, requesting the President of the
United States "to communicate to the House, if not deemed by him
incompatible with the public interest, the instructions which have been
given to our naval commanders in the Gulf of Mexico."

JAMES BUCHANAN.

Washington, January 7, 1859.
To the House of Representatives:

I herewith transmit reports from the Secretary of the Treasury and
Postmaster- General, with the accompanying papers, in compliance with
the resolution of the House adopted December 23, 1858, requesting the
President of the United States to report "what action, if any, has been
taken under the sixth section of the Post-Office appropriation act ap-
proved August 18, 1856, for the adjustment of the damages due Carmick
& Ramsey, and if the said section of said law yet remains unexecuted
that the President report the reasons therefor."

JAMES BUCHANAN.

Washington, yaw/zarj' ii, iS^q.
To the Senate of the United States:

In reply to the resolution of the Senate passed on the i6th ultimo,
requesting me to communicate, if in my opinion not incompatible with
the public interest, any information in my possession in relation to the
landing of the bark Wanderer on the coast of Georgia with a cargo of
slaves, I herewith communicate the report made to me by the Attorney-
General, to whom the resolution was referred. From that report it will
appear that the offense referred to in the resolution has been committed
and that effective measures have been taken to .see the laws faithfully
executed. I concur wath the Attorney- General in the opinion that it
would be incompatible wath the public interest at this time to communi-
cate the correspondence with the officers of the Government at Savannah
or the instructions w^hich they have received. In the meantime every
practicable effort has been made, and will be continued, to discover all
the guilty parties and to bring them to justice.

JAMES BUCHANAN.

Washington City, January ij, iS^g.
To the House of Representatives:

I herewith transmit a report from the Comptroller, wath a copy of the
letter of Messrs. Johnson and Williams, in relation to the decision upon
the Carmick & Ramsey claim.

James Buchanan 535

This should have accompanied the papers which have already been
transmitted to the House, but was omitted by mistake.

JAMES BUCHANAN.

Washington, January 75, i8^g.
To the House of Representatives:

I transmit a report from the Secretary of State, in answer to the reso-
lution of the House of Representatives of the loth instant, requesting
a communication of the correspondence between this Government and
France and England respecting the acquisition of Cuba by the United

^^^^^^- JAMES BUCHANAN.

Washington, Jamiary ig, i8^p.
To the Seyiate of the United States:

In compliance with the resolution of the Senate of the 14th of June
last, requesting a list of claims of citizens of the United States on foreign
governments, I transmit a report from the Secretary of State, with the
documents which accompanied it. JAMES BUCHANAN

Washington City, January 21, iS^g.
To the House of Representatives:

I have this day transmitted to the Senate a digest of the statistics of
manufactures, according to the returns of the Seventh Census, prepared
under the direction of the Secretary of the Interior in accordance with a
provision contained in the first section of an act of Congress approved
June 12, 1858, entitled "An act making appropriations for sundry civil
expenses of the Government for the year ending the 30th of June, 1859."
The magnitude of the work has prevented the preparation of another

^°Py- JAMES BUCHANAN.

Washington ilirs, fanuary 21, iS^q.
To the Senate of the United States:

I tran.smit herewith a rejwrt from the vSecretary of State, in answer to
the resolution of the vSenate of the iSth instant, requesting the President,
if not incompatible with the public interest, " to communicate to the Sen-
ate any and all c()rresix)ndence iK'tween the (Government of tlie United
States and the (ioveriunent of Her Catholic Majesty relating to any
])rojx>sition for the purchase of the island of Cuba, which c()rresi>ondence
has not lx?en furnished to either Hou.se of Congre.ss." I'rom this it
appears that no such corresiiondeiice lias taken place which has not
already been communicated to Congress. In my late annual message I

536 Messages and Papers of the Presidents

stated in reference to the purchase of Cuba that ' ' the pubHcit}^ which
lias been given to our former negotiations on this subject and the large
appropriation which may be required to effect the purpose render it
expedient before making another attempt to renew the negotiation that
I should lay the whole subject before Congress." I still entertain the
same opinion, deeming it highly important, if not indispensable to the
success of any negotiation which I might institute for this purpose, that
the measure should receive the previous sanction of Congress.

JAMES BUCHANAN.

Washington, January 21, 18^ p.
To the Senate of tlic United States:

I herewith transmit to the Senate a digest of the statistics of manufac-
tures according to the returns of the Seventh Census, prepared under
the direction of the Secretary of the Interior in accordance with a provi-
sion in the first section of an act of Congress approved June 12, 1858,
entitled ' 'An act making appropriations for sundry civil expenses of the
Government for the 3'ear ending the 30th of June, 1859."

JAMES BUCHANAN.

Washington, Jaymary 26, 1859.
To tJie Senate of the United States:

I transmit another report from the Secretary of State, in answer to the
resolution of the Senate of the 14th of June last, requesting information
on the subject of claims of citizens of the United States against foreign
governments. j^^^.^ BUCHANAN.

Washington, yirzw //«?;)' 26,1839.
To tlie Se7iate and House of Represeniatives:

I transmit to Congress a report, dated the 25th instant, with the
accompanying papers, received from the Secretary of State, in compli-
ance with the requirement of the eighteenth section of the act entitled
"An act to regulate the diplomatic and consular systems of the United
States," approved August 18, 1856. j^^^g BUCHANAN.

Washington, January 2g, iS^p.
To the Senate and Ho7ise of Representatives:

I transmit a report from the Secretary of War, with the accompanying
documents, recommending the repayment to Governor Douglas, of Van-
couvers Island, of the sum of $7,000, advanced by him to Governor
Stevens, of Washington Territory, which was applied to the purchase of

Jajnes Buchanan 537

ammunition and subsistence stores for the forces of the United States
in time of need and at a critical period of the late Indian war in that
Territory.

As this advance was made by Governor Douglas out of his own private
means and from friendly motives toward the United States, I recom-
mend that an appropriation may be made for its immediate payment,
with interest. JAMES BUCHANAN.

Washington, Ja7inary 2p, iS^g.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 25th instant, I
transmit a copy of the report of the special agent of the United States
recently sent to Vancouvers Island and British Columbia.

JAMES BUCHANAN.

Washington, February 5, 185 g.
To the Seyiatc of the United States:

In reply to the resolution of the Senate of the 4th ultimo, I transmit
a report from the Secretary of State, together with the papers* therein
referred to. JAMES BUCHANAN.

Washington City, February 8, iSjp.
To the House of Representatives:

I transmit herewith a report from the Secretary of the Navy, in com-
pliance with the resolution of the House of Representatives adopted on
the 24th of January, requesting the President of the United States to
communicate to the House "the aggregate expenditure, of whatsoever
nature, including all salaries, whether special or I)}- virtue of official
position in the Army or Navy or otherwise, on account of the prepara-
tion and publication of the work known as Wilkes's Exploring Expedi-
tion;" also, what number of copies of the said work have been ordered,
how they have l)een distril^uted, what number of i>ersons are now em-
ployed thereon, how long they have 1)een employed, respectively, and
the amount of the appropriatit)n now remaining undrawn.

JAMIvS BUCHANAN.

Wasiiinc.Tox, h'rhruory u, /'Viy.
To the House of Representatives:

I transmit herewith a rejiort from tlie .Secretary of .State, with accompa-
nying ])aix.TS. in answer to the resolution of the House of Representatives

♦Corrcsixjinlciicf with the I'liittil Static iiiiiii>.t<.T to Trni aiul otlu-rs nlativt- to the k»:>ii>J tnitlc.

538 Messages and Papers of the Presidents

of the 14th of June last, requesting the communication of all infonnation
and correspondence which may have been received in regard to any con-
sular officer engaged in business in violation of law.

JAMES BUCHANAN.

Washington City, February 75, iS^g.
To the House of Representatives:

I transmit herewith a report from the Attornej'-General, in reply to
the resolution of the House of Representatives adopted on the 22d
ultimo, requesting the President of the United States to "report what
information has been received by him, if anj-, in regard to the recent
importation of Africans into the State of Georgia or any other State of
this Union, and what steps have been taken to bring to trial and pun-
ishment the persons engaged in this inhuman violation of the laws of
the United States and to prevent similar violations hereafter. ' '

JAMES BUCHANAN.

Washington, February 18, iS^q.
To the Senate and Honse of Representatives:

The brief period which remains of your present session and the great
urgency and importance of legislative action before its termination for
the protection of American citizens and their property whilst in transit
across the Isthmus routes between our Atlantic and Pacific possessions
render it mj- duty again to recall this subject to jour notice. I have
heretofore presented it in my annual messages, both in December, 1857
and 1858, to which I beg leave to refer. In the latter I state that —

The executive government of this country in its intercourse with foreign nations
is limited to the employment of diplomacy alone. When this fails it can proceed
no further. It can not legitimately resort to force without the direct authority of
Congress, except in resisting and repelling hostile attacks. It would have no author-
ity to enter the territories of Nicaragua even to prevent the destruction of the transit
and protect the lives and property of our own citizens on their passage. It is true
that on a sudden emergency of this character the President would direct any armed
force in the vicinity to march to their relief, but in doing this he would act upon his
own responsibility.

Under these circumstances I earnestly recommend to Congress the passage of an
act authorizing the President, under such restrictions as they may deem proper, to
employ the land and naval forces of the United States in preventing the transit from
being obstructed or closed by lawless violence and in protecting the lives and prop-
erty of American citizens traveling thereupon, requiring at the same time that these
forces shall be withdrawn the moment the danger shall have passed away. With-
out such a provision our citizens will be constantl}' exposed to interruption in their
progress and to lawless violence.

A similar necessity exists for the passage of such an act for the protection of the
Panama and Tehuantepec routes.

James Buchajian 539

Another subject, equally important, commanded the attention of the
Senate at the last session of Congress.

The Republics south of the United States on this continent have, unfor-
tunately, been frequently in h state of revolution and civil war ever since
they achieved their independence. As one or the other part}' has pre-
vailed and obtained possession of the ports open to foreign commerce,
they have seized and confiscated American vessels and their cargoes in
an arbitrary- and lawless manner and exacted money from American citi-
zens by forced loans and other violent proceedings to enable them to carry
on hostilities. The executive governments of Great Britain, France, and
other countries, possessing the war-making power, can promptly employ
the necessary means to enforce immediate redress for similar outrages
upon their subjects. Not so the executive government of the United
States.

If the President orders a vessel of war to an^^ of these ports to demand
prompt redress for outrages committed, the offending parties are well
aware that in case of refusal the conmiander can do no more than remon-
strate. He can resort to no hostile act. The question must then be
referred to diplomacy, and in many cases adequate redress can never
l)e obtained. Thus American citizens are deprived of the same protec-
tion under the flag of their country which the subjects of other nations
enjoy. The remedy for this state of things can only be supplied by Con-
gress, since the Constitution has confided to that body alone the power
to make war. Without the authority of Congress the Executive can not
lawfully direct any force, however near it may l)e to the scene of difficulty,
to enter the territory of Mexico, Nicaragua, or New Granada for the pur-
pose of defending the persons and property of American citizens, even
though they may be violently assailed whilst passing in peaceful tran.sit
over the Tehnantejxic, Nicaragua, or Panama routes. He can not, with-
out transcending his constitutional power, direct a gun to l)e fired into a
port or land a seaman or marine to protect the lives of our countrymen
on shore or to obtain redress for a recent outrage on their property. The
banditti which infest our neighboring Republic of Mexico, al\va_\s claim-
ing to belong to one or other of the hostile parties, might make a sudden
descent on Vera Cruz or on the Tehuanteix^c route, and he would have
no power to employ the force on ship1)oard in the vicinity for their relief,
either to prevent the plunder of <nir merchants or the destruction of the
tran.sit.

In reference to countries where the local authorities are strong enough
to enforce the laws, the difficulty here indicated can seldom hapjx.Mi; Imt
where this is not the ca.se and the l(x:al authorities do not ]w)sscss the
physical ]xiwer, even if they possess the will, to protect our citizens within
their limits recent experience has shown that the American Ivxecutive
should it.self l)e authorized to render this ]>rotection. vSuch a grant of
authority, thus limited in its extent, could in uo just seusc be regarded

540 Messages and Papers of the Presidents

as a transfer of the 'war-making power to the Executive, but only as an
appropriate exercise of that power by the body to whom it exclusively
belongs. The riot at Panama in 1856, in which a great number of our
citizens lost their lives, furnishes a pointed illustration of the necessity
which may arise for the exertion of this authorit}'.

I therefore earnestl}^ recommend to Congress, on w^hom the respon-
sibility exclusivel}' rests, to pass a law l^efore their adjournment con-
ferring on the President the power to protect the lives and property
of American citizens in the cases which I have indicated, under such re-
strictions and conditions as they may deem advisable. The knowledge
that such a law exists would of itself go far to prevent the outrages which
it is intended to redress and to render the employment of force minecessary .

Without this the President ma}' be placed in a painful position Ix^fore
the meeting of the next Congress. In the present disturbed condition of
Mexico and one or more of the other Republics south of us, no per.son can
foresee what occurrences may take place before that period. In case of
emergency, our citizens, seeing that thej' do not enjoy the .same protec-
tion with subjects of European Governments, will have just cause to com-
plain. On the other hand, .should the Executive interpose, and especially
should the result prove di.sa.strous and valuable lives be lost, he might
subject himself to severe censure for having a.ssumed a power not con-
fided to him by the Constitution. It is to guard again.st this contingency
that I now appeal to Congress.

Having thus recommended to Congress a measure which I deem nec-
essary and expedient for the interest and honor of the countr}-, I leave
the whole subject to their wisdom and discretion.

JAMES BUCHANAN.

Washtxgtox, February 18, i8^p.
To the Senate of the U^iited States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, two conventions between the United States and China, one pro-
viding for the adjustment of claims of citizens of the United States on
the Government of that Empire, the other for the regulation of trade,
both signed at Shanghai on the 8tli of November last. A copy of the
di.spatches of Mr. Reed to the Department of State on the subject is also
herewith transmitted. ^^^^^ BUCHANAN.

Washington City, February 2^, iS^g.
To the House of Represe7ltativcs:
\ transmit herewith a report from the Secretary of the Nav}', with the
accompanying documents, in obedience to the resolution of the House of
Representatives adopted on the 28th of January-, requesting the Presi-

James Buchanan 541

dent of the United States ' ' to communicate to this House a copy of all
instructions given to the commanders of our African squadron since the
ratification of the treat}' of 1842, called the Washington treaty, with a
cop3' or statement of whatever regulations were entered into by the com-
manders of the two squadrons for more fully accomplishing the object
of the eighth article of said treaty, ' ' etc.

JAMES BUCHANAN.

Washington, February 26, iS^*^.
To the Senate of the United States:

In answer to the resolution of the Senate of the 23d instant, requesting
a copy of certain letters of Horatio J. Perry, late secretary to the legation
of the United States at Madrid, I transmit a report from the Secretary of
"State, with the documents which accompanied it.

JAMES BUCHANAN.

WAvShington City, March i, iSjc^.
To the Senate of the United States:

I transmit herewith a report from the Secretary of War, with accom-
panying paper, in obedience to the resolution of the Senate adopted
23d February, requesting the President of the United States "to com-
municate to the Senate a copy of the opinion of Judge Brewer in the
Great Falls land condemnation case, involving a claim for damages to
be paid by the United States. ' ' ^^^^^ BUCHANAN.

Washington, Afanh 2, /Sjp.
To the Senate of the United States:

I tran.smit to the Senate, in executive .session, the report of the vSecre-
tary of State, with the accompanying documents, in reply to the resolu-
tion of the Senate adojUed in ojien session on the nth Jaiuiary last,
relating to outrages comiiiitted on citizens of the Ignited States on the
Isthmus of Panama. ^^^^^^^ BUCHANAN.

To the House of Representatives :

In compliance with the resolution of the House of Representatives of
the 25th ultimo, I transtnit a copy of the rei)ort of the s])ecial agent
of the United vStates recently sent to \'ancouvers Island and British

^«^""^^^^- JAMES BUCHANAN.

March 3, i.S5<j.

542 Messages and Papers of the Presidents

Washington, March j, 1859.
To the Sejiate and House of Representatives:

An imperative sense of duty compels me to make an appeal to Con-
gress to preserve the credit of the country. This is the last day of the
present Congress, and no provision has yet been made for the payment
of appropriations and to meet the outstanding Treasury notes issued
under the authority of law. From the information which has already
been communicated to Congress by the Secretary of the Treasury it is
manifest that the ordinary receipts into the Treasury, even under the
most favorable circumstances, will vScarcely meet the ordinary expenses
of the Government during the remainder of the present fiscal year, end-
ing on the 30th of June. At that time nearly eighteen millions of Treas-
ury notes will have become due, and many of those not yet due are daily
paid for duties at the different ports, and there will be no means in the
Treasury to meet them. Thus the country, which is full of resources,'
will be dishonored before the world, and the American people, who are
a debt-paying people, will be disgraced by the omission on our part to
do our duty. It is impossible to avoid this catastrophe unless we make
provision this very day to meet the lawful demands on the public Treas-
ury. If this were the first instead of the last session of a Congress, the
case would be different. You might then be convened by proclama-
tion for to-morrow morning. But there are now thirteen vStates of the
Union, entitled to seventy-eight Representatives, in which none have
been elected. It will therefore l)e impracticable for a large majorit}^ of
these States to elect their Members l^efore the Treasury shall be com-
pelled to stop payment.

Under these circumstances I earnestly recommend to Congress to make
provision within the few remaining hours of the session for the preser-
vation of the public -credit. The urgency of the case not only justifies
but demands that, if necessary, this shall be done by a separate bill.
We ought to incur no risk when the good faith of the country is at stake.

JAMES BUCHANAN.

VETO MBSSAGBS/==

Washington, January 7, iS^g.
To the House of Representatives:

On the last day of the last session of Congress, as appears by the Jour-
nal of the House of Representatives, "a joint resolution in regard to the
carrying the United States mails from Saint Josephs, Missouri, to Placer-
ville, California," was presented to me for my approval. This resolution

♦The first is a pocket veto.

James Buchanan 543

authorized and directed the Postmaster- General ' ' to order an increase of
speed upon said route, requiring the mails to be carried through in thirty
days, instead of thirty-eight days, according to the existing contract:
Provided, The same can be done upon a pro rata increase of compensa-
tion to the contractors."

I did not approve this joint resolution: First, because it was presented
to me at so late a period that I had not the time necessary on the day
of the adjournment of the last session for an investigation of the subject.
Besides, no injury could result to the public, as the Postmaster- General
already possessed the discretionary power under existing laws to increase
the speed upon this as well as all other mail routes.

Second. Because the Postmaster- General, at the moment in the Capi-
tol, informed me that the contractors themselves had offered to increase
the speed on this route to thirty instead of thirty-eight days at a less
cost than that authorized by the joint resolution. Upon subsequent
examination it has been ascertained at the Post-Office Department that
their bid, which is still depending, proposes to perform this service for a
sum less by $49,000 than that authorized by the resolution.

JAMES BUCHANAN.

Washington City, February 2^, 1S59.
To the House of Representatives of the United States:

I return with my objections to the Hou.se of Representatives, in which
it originated, the bill entitled "An act donating public lands to the sev-
eral States and Territories which may provide colleges for the l:)enefit of
agriculture and the mechanic arts," presented to me on the iSth instant.

This bill makes a donation to the several States of 20,000 acres of
the pu])lic lands for each Senator and Representative in the present Con-
gress, and al.so an additional donation of 20,000 acres for each additional
Representative to which any State may l^e entitled under the census of
i860.

According to a report from the Interior Department, ba.sed upon the
present numV)er of Senators and Representatives, the lands given to
the States amount to 6,060,000 acres, and their value, at the minimum
Govennnent price of $1.25 per acre, to $7,575,000.

The object of this gift, as stated by the bill, is "the endowment, snp-
pijrt, and maintenance of at lea.st one college [in each vState] where tlie
leading oliject .shall Ix.*, without excluding other .scientific or clas.sical
.studies, to teach such branches of learning as are related to agriculture
and the mechanic arts, as the legislatures of the vStates may resi>ectively
prcscrilxi, in order to promote the lil)eral and practical echication of the
indu.strial cla.s.ses in the several jnirsuits and professions in hfe."

As there does not apiK-ar from the bill to 1)e any l)eneficiaries in ex-
istence to which this endowment can Ix; applied, each State is required

544 Messages and Papers of the Presidents

"to provide, within five years at least, not less than one college, or the
grant to said State shall cease. ' ' In that event the ' ' said State shall be
bound to pay the United States the amount received of any lands previ-
ously sold, and that the title to purchasers under the State shall be valid. ' '

The grant in land itself is confined to such States as have public lands
within their limits worth $1.25 per acre in the opinion of the governor.
For the remaining States the Secretary of the Interior is directed to issue
* ' land scrip to the amount of their distributive shares in acres under the
provisions of this act, said scrip to be sold by said States, and the pro-
ceeds thereof applied to the uses and purposes prescribed in this act,
and for no other use or purpose whatsoever." The lands are granted
and the scrip is to be issued ' ' in sections or subdivisions of sections of
not less than one-quarter of a section. ' '

According to an estimate from the Interior Department, the number
of acres which will probably be accepted by States having public lands
within their own limits will not exceed 580,000 acres (and it may be
much less), leaving a balance of 5,480,000 acres to be provided for by
scrip. These grants of land and land scrip to each of the thirty-three
States are made upon certain conditions, the principal of which is that
if the fund shall be lost or diminished on account of unfortunate invest-
ments or otherwise the deficiency shall be replaced and made good by
the respective States.

I shall now proceed to state my objections to this bill. I deem it to
be both inexpedient and unconstitutional.

I. This bill has been passed at a period when we can with great diffi-
culty raise sufficient revenue to sustain the expenses of the Government.
Should it become a law the Treasury will be deprived of the whole, or
nearly the whole, of our income from the sale of public lands, which for
the next fiscal year has been estimated at $5,000,000.

A bare statement of the case will make this evident. The minimum
price at which we dispose of our lands is $1.25 per acre. At the present
moment, however, the price has been reduced to those who purchase the
bounty-land warrants of the old soldiers to 85 cents per acre, and of
these warrants there are still outstanding and unlocated, as appears by a
report (February 12, 1859) from the General Land Office, the amount of
1 1 ,990,391 acres. This has already greatly reduced the current sales by
the Government and diminished the revenue from this source. If in
addition thirty-three States shall enter the market with their lan,d scrip,
the price must be greatly reduced below even 85 cents per acre, as much
to the prejudice of the old soldiers who have not already parted with
their land warrants as to Government. It is easy to perceive that with
this glut of the market Government can sell little or no lands at $1.25
per acre, when the price of bounty-land warrants and scrip shall be
reduced to half this sum. This source of revenue will be almost entirely
dried up. Under the bill the States may sell their land scrip at any price

James Buchanan 545

it may bring. There is no limitation whatever in this respect. Indeed,
they must sell for what the scrip will bring, for without this fund they can
not proceed to establish their colleges within the five years to which they
are limited. It is manifest, therefore, that to the extent to which this
bill will prevent the sale of public lands at $1 .25 per acre, to that amount
it will have precisely the same effect upon the Treasury as if we should
impose a tax to create a loan to endow these State colleges.

Surely the present is the most unpropitious moment which could have
been selected for the passage of this bill.

2. Waiving for the present the question of constitutional power, what
effect will this bill have on the relations established between the Fed-
eral and State Governments ? The Constitution is a grant to Congress
of a few enumerated but most important powers, relating chiefly to
war, peace, foreign and domestic commerce, negotiation, and other sub-
jects which can be best or alone exercised beneficially by the common
Government. All other powers are reserved to the vStates and to the
people. For the efficient and harmonious working of both, it is nec-
essary that their several spheres of action should be kept distinct from
each other. This alone can prevent conflict and mutual injury. Should
the time ever arrive when the State governments shall look to the Fed-
eral Treasury for the means of supporting themselves and maintaining
their .systems of education and internal policy, the character of Ixjth Gov-
ernments will Ije greatly deteriorated. The representatives of the States
and of the people, feeling a more immediate interest in obtaining money
to lighten the burdens of their constituents than for the promotion of
the more distant objects intrusted to the Federal Government, will natu-
rally incline to obtain means from the Federal Government for State
purposes. If a question .shall arise between an appropriation of land or
money to carry into effect the ol)jects of the Federal Govenunent and
those of the States, their feelings will be enlisted in favor of the latter.
This is human nature; and hence the necessity of kee])ing the two Gov-
ernments entirely distinct. The preponderance of this home feeling has
been manife.sted by the passage of the present bill. The establishment
of these colleges has i)revailed over the pressing wants of the common
Treasury. Xo nation ever had such an inheritance as we pos.sess in the
public lands. The.se ought to l)e managed with the utmost care, but at
the .same time with a lil)eral spirit toward actual settlers.

In the first year of a war with a powerful naval nation the reve-
nue from customs nuist in a great degree cea.se. A resort to loans w ill
then become necessary, and these can always be obtained, as oiu' fathers
obtained them, on advantageous terms by pledging the public lands as
.security. In this view of the subject it would be wiser to grant money
to the vStates for domestic ])urposes than to squander awa>- the ])ublic lands
and transfer them in large bodies into the hands of speculators.

A .succes.sful .struggle on the part of the State governments with the
M P— vol. V— 35

546 Messages and Papers of the Preside7its

General Government for the public lands would deprive the latter of
the means of jjerforming its high duties, especiallj^ at critical and dan-
gerous periods. Besides, it would operate with equal detriment to the
Ijest interests of the States. It would remove the most wholesome of all
restraints on legislative bodies — that of being obliged to raise money by
taxation from their constituents — and would lead to extravagance, if not
to corruption. What is obtained easily and without responsibility will
be lavishly expended.

3. This bill, should it become a law, will operate greatly to the injury
of the new States. The progress of settlements and the increase of an
industrious population owning an interest in the soil they cultivate are
the causes which will build them up into great and flourishing common-
wealths. Nothing could be more prejudicial to their interests than for
wealthy individuals to acquire large tracts of the public land and hold
them for speculative purposes. The low price to which this land scrip
will probably be reduced will tempt speculators to hxaw it in large amounts
and locate it on the best lands belonging to the Government. The
eventual consequence must be that the men who desire to cultivate the
soil will be compelled to purchase these very lands at rates much higher
than the price at which they could be obtained from the Government.

4. It is extremely doubtful, to say the least, whether this bill would
contribute to the advancement of agriculture and the mechanic arts —
objects the dignit}' and \-alue of which can not be too highly appreciated.

The Federal Government, which makes the donation, has confessedly
no constitutional power to follow it into the States and enforce the appli-
cation of the fund to the intended objects. As donors we shall possess
no control over our own gift after it shall have passed from our hands.
It is true that the State legislatures are required to stipulate that they
will faithfully execute the trust in the manner prescribed by the bill.
But should they fail to do this, what would be the consequence? The
Federal Government has no power, and ought to have no power, to com-
pel the execution of the trust. It would be in as helpless a conditit)n as
if, even in this, the time of great need, we were to demand any portion of
the many millions of surplus revenue deposited with the vStates for safe-
keeping under the act of 1836.

5. This bill will injuriously interfere with existing colleges in the dif-
ferent States, in many of which agriculture is taught as a science and in.
all of which it ought to l)e so taught. The.se institutions of learning have
grown up with the growth of the country, under the fostering care of the
vStates and the munificence of individuals, to meet the advancing demands
for education. They ha^•e proved great blessings to the people. Many,
indeed most, of them are poor and sustain themselves with difficulty.
What the effect will be on these institutions of creating an indefinite
number of rival colleges sustained b}- the endowment of the Federal
Government it is not difficult to determine.

James Buchanan 547

Under this bill it is provided that scientific and classical studies shall
not be excluded from them. Indeed, it would be almost impossible to
sustain them without such a provision, for no father would incur the
expense of sending a son to one of these institutions for the sole pur-
pose of making him a scientific farmer or mechanic. The bill itself neg-
atives this idea, and declares that their object is "to promote the liberal
and practical education of the industrial classes in the several pursuits and
professions of life." This certainly ought to be the case. In this view
of the subject it would l)e far better, if such an appropriation of land
nuist be made to institutions of learning in the several States, to apply
it directly to the establishment of professorships of agriculture and the
mechanic arts in existing colleges, without the intervention of the State
legislatures. It would be difficult to foresee how these legislatures will
manage this fund. ICach Representative in Congress for whose district
the proportion of 20,000 acres has been granted will probably insi.st that
the proceeds shall ])e expended within its limits. There will undoubtedly
be a struggle between different Icxralities in each vState concerning the
division of the gift, which may end in disappointing the hopes of the true
friends of agriculture. For this state of things we are without remed>'.
Not so in regard to State colleges. We might grant land to these cor-
porations to establish agricultural and mechanical professorships, and
should they fail to comply with the conditions on which they accepted
the grant we might enforce specific performance of these l^efore the ordi-
nary courts of ju.stice.

6. But does Congress possess the power under the Constitution to
make a donation of public lands to the different States of the Union
to provide colleges for the purpose of educating their own people?

I presume the general ]>roposition is undeniable that Congress does
not ])os.sess the i)ower to appro|)riate money in the Treasury, raised by
taxes on the jieople of the United States, for the pur|>ose of educating
the people of the respective vStates. It will not 1)e pretended that any
such i)ower is to Ix; found among the specific i)owers granted to Con-
gress nor that "it is necessary and projier for carrying into execnition "
anyone of these jiowers. vShonld Congress exercise such a power, this
would be to break cUnvn the barriers which have ])een so carefully con-
strucle<l in the ConstitiUion to se])arate Federal from State authority.
We sliould then not only " la\- and collect taxes, duties, ini])«)sts, and
excises" for Federal i>ur])(ises, but for every vState purpo.se which Con-
gress might deem expedient or useful. This would l)e an actual con-
solidation of the I'ederal and State (Governments so far as the s^real
taxing and money ix)wer is concerned, and con.stitute a .sort of i)artner-
ship l,>etweeu the two in the Treasury of the United States, e(iually
ruinous to lx)lh.

But it is contended that the ])ublic lauds are placed upon a difi'erent
footing from money raised by taxation and that the pr(x:eeds arising

54^ Messages a?id Papers of the Presidents

from their sale are not subject to the hmitations of the Constitution, but
may be appropriated or given away by Congress, at its own discretion,
to States, corporations, or individuals for any purpose they may deem
expedient.

The advocates of this bill attempt to sustain their position upon the
language of the second clause of the third section of the fourth article of
the Constitution, which declares that "the Congress shall have power
to dispose of and make all needful rules and regulations respecting the
territory or other property' belonging to the United States. ' ' They con-
tend that by a fair interpretation of the words "dispose of" in this
clause Congress possesses the power to make this gift of public lands to
the States for purposes of education.

It would require clear and strong evidence to induce the belief that the
framers of the Constitution, after having limited the powers of Congress
to certain precise and specific objects, intended by employing the words
"dispose of" to give that body unlimited power over the vast public
domain. It would be a strange anomaly, indeed, to have created two
funds — the one b}' taxation, confined to the execution of the enumerated
powers delegated to Congress, and the other from the public lands, ap-
plicable to all subjects, foreign aiid domestic, which Congress might
designate; that this fund should be "disposed of," not to pa^^ the debts
of the United States, nor "to raise and support armies," nor "to pro-
vide and maintain a nav}'," nor to accomplish any one of the other great
objects enumerated in the Constitution, but be diverted from them to
pay the debts of the States, to educate their people, and to carry into
effect any other measure of their domestic policy. This would be to con-
fer upon Congress a vast and irresponsible authority, utterly at war with
the well-known jealousy of Federal power which prevailed at the forma-
tion of the Constitution. The natural intendment would be that as the
Constitution confined Congress to well-defined specific powers, the funds
placed at their command, whether in land or money, should be appro-
priated to the performance of the duties corresponding with these powers.
If not, a Government has been created with all its other powers carefully
limited, but without any limitation in respect to the public lands.

But I can not so read the words ' ' dispo.se of ' ' as to make them em-
brace the idea of ' ' giving awa3^ ' ' The true meaning of words is alwa3'S
to be ascertained b}' the subject to which they are applied and the known
general intent of the lawgiver. Congress is a trustee under the Consti-
tution for the people of the United States to ' ' dispose of ' ' their public
lands, and I think I may venture to assert with confidence that no case
can l)e found in which a trustee in the position of Congress has been
authorized to ''dispose of'' propertj^ by its owner where it has been held
that these words authorized such trustee to give away the fund intrusted
to his care. No trustee, when called upon to account for the disposi-
tion of the property placed under his management before any judicial

James Buchanan 549

tribunal, would venture to present such a plea in his defense. The true
meaning of these words is clearly stated by Chief Justice Taney in deliv-
ering the opinion of the court (19 Howard, p. 436). He says in refer-
ence to this clause of the Constitution:

It begins its enumeration of powers by that of disposing; in other words, making
sale of the lands or raising money from them, which, as we have already said, was
the main object of the cession (from the States), and which is the first thing pro-
vided for in the article.

It is unnecessary to refer to the history of the times to establish the
known fact that this statement of the Chief Justice is perfectly well
founded. That it never was intended by the framers of the Constitution
that the.se lands .should be given away by Congress is manifest from the
concluding portion of the same clause. By it Congress has power not
only "to di.spose of" the territory, but of the "other property of the
United States." In the language of the Chief Jttstice (p. 437):

And the same power of making needful rules respecting the territory is in pre-
cisely the same language applied to the other property of the I'nited States, a.sso-
ciating the power over the territory in this respect with the power over movable or
personal property; that is, the ships, arms, or munitions of war which then belonged
in common to the State sovereignties.

The question is still clearer in regard to the public lands in the States
and Territories within the Louisiana and Florida purcha.ses. These lands
were paid for out of the public Treasury from money raised by taxation.
Now if Congress had no power to appropriate the money with which
these lands were purchased, is it not clear that the power over the lands
is eciually limited? The mere conversion of this money into land could
not confer upon Congress new power over the disposition of land which
they had not ix)s.sessed over money. If it could, then a trustee, by
changing the character of the fund intrusted to his care for special ol)-
jects from money into land, might give the land away or devote it to
any purpo.se he thought proi>er, however foreign from the trust. Tlie
inference is irresistible that this land partakes of the very .same character
with the money ])aid for it, and can Ix? devoted to no objects dilTcrent
from tho.se to which the money could have been devoted. If this were
not the ca.se, then by the purcha.se of a new territory from a foreign
government out of the public Treasury Congress could enlarge their
own powers and appropriate the ])r()ceeds of the sales of the land tluis
purcha.sed, at their own discretion, to other and far different objects from
wliat they could have applied the jnircha.se money wliich had been raised
by taxation.

It has Ik'CU asserted truly that Congress in numerous instances liave
granted lands for tlie pur]X).ses of education. These grants have been
chiefly, if not exclusively, made to the new States as they snecessively
entered the Union, and consisted at the first of one .section and after-
wards of two sections of the public land in each townshi]i for the use ot

550 Messages and Papers of the Presidents

schools, as well as of additional sections for a State university. Svich
grants are not, in my opinion, a violation of the Constitution. The United
vStates is a great landed proprietor, and from the very nature of this
relation it is both the right and the duty of Congress as their trustee to
manage these lands as any other prudent proprietor would manage them
for his own best advantage. Now no consideration could l^e presented
of a stronger character to induce the American people to l)rave the difii-
culties and hardships of frontier life and to settle upon these lands and
to purchase them at a fair price than to give to them and to their chil-
dren an assurance of the means of education. If any prudent individual
had held these lands, he could not have adopted a wiser course to bring
them into market and enhance their value than to give a portion of them
for purposes of education. As a mere speculation he would pursue
this course. No person will contend that donations of land to all the
States of the Union for the erection of colleges within the limits of each
can be embraced b}' this principle. It can not l)e pretended that an agri-
cultural college in New York or Virginia would aid the settlement or
facilitate the sale of public lands in Miiuiesota or California. This can
not possibly be embraced within the authority which a prudent proprie-
tor of land would exercise over his own possessions. I purposely avoid
any attempt to define what portions of land ma}^ be granted, and for
what purposes, to improve the value and promote the settlement and
sale of the remainder without violating the Constitution. In this case I
adopt the rule that ".sufficient unto the day is the evil thereof."

JAMES BUCHANAN.

PROCIvAlMATlON.

By the President of the United State.s of America.
a proclamation.

Whereas an extraordinar}- occasion has occurred rendering it neces-
sary and proper that the Senate of the United vStates shall be con\-ened
to receive and act upon such communications as have been or maj- be
made to it on the part of the Executive:

Now, therefore, I, James Buchanan, President of the United States,
do issue this my proclamation, declaring that an extraordinary occasion
requires the Senate of the United States to convene for the transaction
of business at the Capitol, in the city of Washington, on the 4th day of
next month, at 12 o'clock at noon of that day, of which all who shall
then be entitled to act as members of that body are hereby required to
take notice.

James BucJiauan 551

Given under my hand and the seal of the United States, at Washing-
r -I ton, this 26th day of February, A. D. 1859, and of the Inde-

pendence of the United States the eighty-third.

JAMES BUCHANAN.
By the President:

Lewis Cass, Secretary of State.

SPECIAL MESSAGE.

\VASHIN(iTON, March p, iSjp.
To the Seriate of the United States:

It has become my sad duty to ainiounce to the Senate the death of
Aaron V. Brown, late Postmaster-General, at his residence in this city on
yesterday liiorning at twenty minutes past 9 o'clock.

The death of this distinguished public officer, especially at the present
moment, when his eminent services are so nuich needed, is a great lo.ss to
his countr>-. He was able, honest, and indefatigable in the di.scharge
of his high and re.sjx)n.sible duties, whilst his benevolent heart and his
kind deportment endeared him to all who approached him.

vSubmitting, as I do, with humble resignation to the will of Divine
Providence in this calamitous dispensation, I shall ever cherish his mem-
ory with affectionate regard. JANHvS BUCHANAN.

EXECUTIVE ORDERS.

[Kroiu llie Kvciiiii!^ Star. March i<>, iSso.)

Gknkr.vi. Okdkk.

War DivPAktmknt.
]\'ashi>ioton , March ,V, /S^o.

TTnder instructions from the President of the United vSiates. the J^core-
tary of War with unfeigned sorrow announces to the Anii\ the (lece;i.se
of the Hon. A. V. Brown, Postmaster-General, which otxuned in tliis city
at an early hour this morning.

An enlightened statesman and a distinguished and able number of
the General (xovernment has thus been stricken down at his ix)st. Tlie
nation will mourn the afflicting dis]K-nsation which has K f i so great a
void in its c(mncils. A worthy and estimable citi/en has l)een removed
from the circle of his numerous friends. .Society will mingle its i,Mi^'
with the |)atriotic regrets which the loss of a statesman will in it fail to
call forth.

552 Messages and Papers of the Presidents

While the President, with the surviving members of the Cabinet, the
legislative and judicial departments of the Government, will unite in
every testimonial the sad occasion demands, it is fitting a similar respect
should be shown to the memory of the distinguished deceased by the
national arms of defense. Accordingly, half -hour guns will be fired from
sunrise to sunset at every garrisoned military post the day succeeding the
receipt of this order, the national flag will be displayed at half-staff dur-
ing the same time, and officers of the Army will wear for three months
the proper badge of military mourning.

The War Department and its bureaus will be closed until the day suc-
ceeding the funeral obsequies. JOHN T5 FT OVD

Secretary of War.

[From the Daily National Intelligencer, March lo, 1859.]

Generai^ Order.

Navy Department, March p, rS^g.

The Secretar}^ of the Nav)', by the direction of the President, announces
to the Navy and to the Marine Corps the lamented death of the Hon.
Aaron V. Brown, Postmaster- General of the United States. He died at
his residence in the city of Washington on the 8th of the present month.

As a mark of respect to his high character, his eminent position, and
great public services, it is directed that on the day after the receipt of
this order by the different navy-yards and stations and vessels of war
of the United States in commission the flags be hoisted at half-mast frohi
.sunrise to sunset and that seventeen minute guns be fired at noon.

Officers of the Navy and Marine Corps will wear crape on the left arm
for thirt}' days.

The Navy Department will be draped in mourning and will be closed
until after the funeral. ^^^^^ TOUCEY,

Secretary of the Navy.

THIRD ANNUAL MESSAGE.

Washington City, December ip, i8^g.
Fellow-Citizens of the Senate and House of Representatives:

Our deep and heartfelt gratitude is due to that Almighty Power which
has bestowed upon us such varied and numerous blessings throughout
the past year. The general health of the countrj^ has been excellent, our
har\'ests have been unusually plentiful, and prosperity smiles through-
out the land. Indeed, notwithstanding our demerits, we have much

James Buchanan 553

reason to believe from the past events in our liiston,' that we hav-e enjoj'ed
the special protection of Divine Providence ever since our origin as a
nation. We have been exposed to many threatening and alarming diffi-
culties in our progress, but on each successive occasion the imi)ending
cloud has been dissipated at the moment it appeared ready to burst upon
our head, and the danger to our institutions has passed awa}-. May we
ever be under tlie divine guidance and protection.

Whilst it is the duty of the President "from time to time to give to
Congress information of the state of the Union," I shall not refer in
detail to the recent sad and bloody occurrences at Harpers Ferry. Still,
it is proper to obser\'e that these events, however bad and cruel in them-
selves, derive their chief im]X)rtance from the apprehension that they are
but symptoms of an incurable disease in the public mind, which may break
out in still more dangerous outrages and terminate at last in an open
war by the North to abolish slavery in the South.

Whilst for myself I entertain no such apprehension, they ought to
afford a solenm warning to us all to beware of the approach of danger.
Our Union is a stake of such inestimable value as to demand our constant
and watchful vigilance for its preservation. In this view, let me implore
my countr^mien, North and South, to cultivate the ancient feelings of
nuitual forbearance and good will toward each other and strive to allay
the demon spirit of .sectional hatred and strife now alive in the land.
This advice proceeds from the heart of an old public functionary whose
service commenced in the last generation, among tlie wise and conserva-
tive .statesmen of that day, now nearly all jiassed away, and whose first
and dearest earthly wish is to leave his country tranquil, prosjK'rous,
united, and powerful.

We ought to reflect that in this age, and especially in this coinitry.
there is an incessant flux and reflux of public opinion. Que.sti(Mis which
in their day assumed a most threatening aspect have now nearly gone
from the memory of men. They are "volcanoes burnt out, and on the
lava and ashes and .squalid scoria of old eruptions grow the peaceful olive,
the cheering vine, and the sustaining corn." vSuch, in my opinion, will
prove to Ik." the fate of the present sectional excitement should those who
wisely seek to ap])ly the remedy continue always to confine their elTorts
within the jiale of the Constitution. If this course l)e ]nnsued, the exist-
ing agitation on the .subject of domestic slaverx-, like everything human,
v.ill have its day and give place to other and less threatening contro-
versies. Public opinion in this country is :ill-i>owerful, and when it
reaches a dangerous excess ujx)n any (juestion the good sense of the
l)eople will furnish the corrective and bring it back within safe limits.
Still, to hasten this auspicious result at the j)resent crisis we ought to
rememlier that every rational creature nnist Ix? presmned to intend the
natural consequences of his own teachings. Tho.se who nnnoinicc ab-
stract doctrines subversive of the Constitution and the Union must not

554 Messages and Papers of iJie Presidents

be surprised should their heated partisans advance one step further and
attempt by violence to carr}- these doctrines into practical effect. In this
view of the subject, it ought never to be forgotten that however great
may have been the political advantages resulting from the Union to everj'^
portion of our common country, these would all prove to be as nothing
should the time ever arrive when they can not be enjoyed without serious
danger to the personal safety of the people of fifteen members of the Con-
federacy. If the peace of the domestic fireside throughout these States
should ever be invaded, if the mothers of families within this extensive
region should not be able to retire to rest at night without suffering
dreadful apprehensions of what ma}' be their own fate and that of their
children before the morning, it would be vain to recount to such a people
the political benefits which result to them from the Union. Self-preser-
vation is the first instinct of nature, and therefore any state of society in
which the sword is all the time suspended over the heads of the people
must at last become intolerable. But I indulge in no such gloomy fore-
bodings. On the contrary, I firmly believe that the events at Harpers
Ferry, by causing the people to pause and reflect upon the possible peril
to their cherished institutions, will l:>e the means under Providence of
allaying the existing excitement and preventing further outbreaks of a
similar character. They will resolve that the Constitution and the Union
shall not be endangered bj-rash counsels, knowing that should "the silver
cord be loosed or the golden bowl be broken * -'^ * at the fountain ' '
human power could never reunite the scattered and hostile fragments.

I cordially congratulate you upon the final settlement \y\ the Supreme
Court of the United States of the question of slavery in the Territories,
which had presented an aspect so trul}^ formidable at the commencement
of my Administration. The right has been established of every citizen to
take his property of an}' kind, including slaves, into the common Terri-
tories belonging equally to all the vStates of the Confederacy, and to have
it protected there under the Federal Constitution. Neither Congress
nor a Territorial legislature nor au}^ human power has any authority to
annul or impair this vested right. The supreme judicial tribunal of the
country, which is a coordinate branch of the Government, has sanc-
tioned and affirmed these principles of constitutional law, so manifestly
just in themselves and so well calculated to promote peace and harmony
among the States. It is a striking proof of the .sense of justice which is
inherent in our people that the property in slaves has never been dis-
turbed, to my knowledge, in any of the Territories. Even throughout
the late troubles in Kansas there has not been any attempt, as I am cred-
ibly informed, to interfere in a single instance with the right of the mas-
ter. Had any such attempt been made, the judiciary would doubtless
have afforded an adequate remedy. Should they fail to do this hereafter,
it will then be time enough to strengthen their hands by further legisla-
tion. Had it been decided that either Congress or the Territorial legis-

James Buchanan 55c

lature possess the power to annul or impair the right to property in slaves,
the evil would be intolerable. In the latter event there would be a strug-
gle for a majority of the members of the legislature at each successive
election, and the sacred rights of property held under the Federal Con-
stitution would depend for the time being on the result. The agitation
would thus l)e rendered ince.s.sant whilst the Territorial condition re-
mained, and its baneful influence would keep alive a dangerous excite-
ment among the people of the several States.

Thus has the status of a Territory during the intermediate period
from its first settlement until it .shall become a vState been irrevocably
fixed by the final decision of the Supreme Court. Fortunate has this
been for the prosperit)' of the Territories, as well as the tranciuillity of
the States. Now emigrants from the North and the South, the Fast
and the West, will meet in the Territories on a common platform, having
brought with them that species of property best adapted, in their own
opinion, to promote their welfare. From natural cau.ses the .slavery
question will in each ca.se .soon virtually .settle itself, and Ijefore the Ter-
ritory is prepared for admis.sion as a vState into the Union this decision,
oneway or the other, will have l)een a foregone conclusion. Meanwhile
the .settlement of the new Territory will proceed without serious inter-
ruption, and its progress and prosperity will not Ix? endangered or re-
tarded by violent political stniggles.

When in the progre.ss of events the inhabitants of any Territory sliall
have reached the number required to form a vState, they will then pro-
ceed in a regular manner and in the exerci.se of the rights of popular
.sovereignty to form a constitution preparatory to admi.ssion into the
Union. After this has l>een done, to em])loy the language of the Kan-
sas and Nebra.ska act, they ".shall Ix? received into the Union with or
without .slaver>', as their constitution may prescril)e at the time of their
admis.sion." This .sound principle has happily Ikcu recognized in .some
form or other by an almost unanimous vote of lK)th Houses of the last
Congress.

All lawful means at my coiiimand have been employed, and shall con-
tinue to be employed, to execute the laws against the African .^lave trade.
After a mo.st careful and rigorous examination of our coasts and a t Ik tr-
ough investigation of the subject, we have not l)een able to discowr that
any slaves have l)een im]>orted into the United vStates exce]>t the cugo
by the W'ondfrcr, numl)ering l)etwecn three and four Innidred. Tin se
engaged in this ludawful enterpri.se have l)een rigorousl\- prosicnttd. but
not with as nuich .success as their crimes have deserved. A nninlw-r ot
them are still under ])rosecution.

Our history proves that the fathers of the Republic, in advamv of all
other nations, condenuicd the African slave trade. It was, notwitlist.ind-
ing, deemed exj^edient by the framers of the Constitution todepriw Con-
gress of the ix)wer to prohibit "the migration or imj)ortation of >nili

556 Messages attd Papers of the Presidents

persons as 2Si.y of the States now existing shall think proper to admit ' '
"prior to the year 1808." It will be seen that this restriction on the
power of Congress was confined to such States only as might think
proper to admit the importation of slaves. It did not extend to other
States or to the trade carried on abroad. Accordingly, we find that so
early as the 22d March, 1794, Congress passed an act imposhig severe
penalties and punishments upon citizens and residents of the United
States who should engage in this trade between foreign nations. The
provisions of this act were extended and enforced by the act of loth May,
1800.

Again, the States themselves had a clear right to waive the constitu-
tional privilege intended for their benefit, and to prohibit by their own
laws this trade at an}- time they thought proper previous to 1808. Sev-
eral of them exercised this right before that period, and among them
some containing the greatest number of slaves. This gave to Congress
the immediate power to act in regard to all .such States, tecau.se they
themselves had removed the con.stitutional barrier. Congress accord-
ingly passed an act on 28th Februar}', 1803, "to prevent the importation
of certain persons into certain States where by the laws thereof their
admission is prohibited." In this manner the importation of African
slaves into the United States was to a great extent prohibited some j-ears
in advance of 1808.

As the )'ear 1808 approached Congress determined not to suffer this
trade to exist even for a single da^' after they had the power to aboli.sh
it. On the 2d of March, 1807, they passed an act, to take effect "from
and after the ist day of January, 1808," prohibiting the importation of
African slaves into the United States. This was followed l)y sulxsequent
acts of a similar character, to which I need not specially refer. Such
were the principles and such the practice of our ancestors more than fift}^
3^ears ago in regard to the African slave trade. It did not occur to the
revered patriots who had been delegates to the Convention, and after-
wards became members of Congress, that in passing these laws they had
violated the Constitution which they had framed with so nuich care and
deliberation. They supposed that to prohibit Congress in express terms
from exercising a specified power before an appointed day necessarily
involved the right to exercise this power after that day had arrived.

If this w'ere not the ca.se, the framers of the Constitution had expended
much labor in vain. Had they imagined that Congress would possess
no power to prohibit the trade either before or after 1808, they would
not have taken so much care to protect the States against the exercise of
this power before that period. Nay, more, they would not have attached
such vast importance to this provision as to have excluded it from the
possibility of future repeal or amendment, to which other portions of the
Constitution were exposed. It would, then, have been wholly unneces-
sary to ingraft on the fifth article of the Constitution, prescribing the

Janus Buchanan 557

mode of its own future amendment, the proviso "that no amendment
which may be made prior to the year 1808 shall in any manner affect"
the provision in the Constitution securing to the States the right to
admit the importation of African slaves previous to that period. Accord-
ing to the adverse construction, the clause itself, on which so nmch care
and discussion had been employed by the members of the Con\-ention,
was an absolute nullity from the beginning, and all that has since been
done under it a mere usurpation.

It was well and wise to confer this power on Congress, becau.se had it
been left to the States its efficient exercise would have been impo.ssible.
In that event any one State could have effectually continued the trade,
not only for itself, but for all the other slave States, though never so
much against their will. And why? Because African slaves, when once
brought within the limits of any one State in accordance with its laws,
can not practically be excluded from any State where .slavery exists.
And even if all the States had separately passed laws prohilnting the
importation of slaves, these laws would have failed of effect for want of
a naval force to capture the slavers and to guard the coa.st. vSuch a force
no State can employ in time of peace without the con.sent of Congress.

These acts of Congress, it is believed, have, with very rare and insig-
nificant exceptions, accom])lished their purpose. For a period of more
than half a century there has been no perceptible addition to the ninulx.*r
of our domestic .slaves. During this period their advancement in civili-
zation has far .surpas.sed that of any other jiortion of the African race.
The light and the blessings of Christianity have lx*en extended to them,
and ]x)th their moral and physical condition has been greatly ini])roved.

Reoix?n the trade and it would be difficult to determine whether the
effect would be more deleterious on the interests of the master or on
those of the native-lxjrn .slave. Of the evils to the ma.ster, the one most
to be dreaded would be the introduction of wild, heathen, and ignorant
barbarians among the S(jber, orderly, and iiuiet slaves whose ancestors
have been on the soil for several generations. This might tenil to bar-
barize, demoralize, and exasperate the whole mass and produce most
dei)lorable conse^juences.

The effect upon the existing slave woidd, if jio.ssible. be still more
deplorable. At present he is treated with kindness and Iminanity. Ib-
is well fed, well clothed, and not overwt)rked. His condition is incoiii
parably Inrtter than that of the c(K)lies which modern nations of hi.^li
civilization have employed as a substitute for African slaves. I'xtth the
philanthropy and the self-interest of the master luue combined to pro-
duce this humane result. Hnt let tliis trade Ik- reopened and what will
l)e the effect? The same to a considerable extent as on a neighl>oring
i.sland, the only si>ot now on earth where the African slave trade is
openly tolerated, and this in defiance of .solemn treaties with a ]H)wer
abundantly able at anv moment to enforce iheir execiUion. There the

55^ Messages and Papers of the Presidents

master, intent upon present gain, extorts from the slave as much labor as
his physical powers are capable of enduring, knowing that when death
comes to his relief his place can be supplied at a price reduced to the
lowest point by the competition of rival African slave traders. Should
this ever be the case in our country', which I do not deem possible, the
present useful character of the domestic institution, wherein those too
old and too young to work are provided for with care and humanity and
those capable of labor are not overtasked, would undergo an unfortunate
change. The feeling of reciprocal dependence and attachment which
now exists between master and slave would be converted into mutual
distrust and hostility.

But we are ol>liged as a Christian and moral nation to consider what
would be the effect upon unhapp}^ Africa itself if we should reopen the
slave trade. This would give the trade an impulse and extension which
it has never had, even in its palmiest days. The numerous victims
required to supply it would convert the whole slave coast into a perfect
pandemoniuhi, for which this country would be held responsible in the
eyes both of God and man. Its petty tribes would then be constantly
engaged in predatory wars against each other for the purpose of .seizing
slaves to supply the American market. All hopes of African civiliza-
tion would thus be ended.

On the other hand, when a market for African .slaves .shall no longer
be furnished in Cuba, and thus all the world be clo.sed against this trade,
we may then indulge a reasonable hope for the gradual improvement of
Africa. The chief motive of war among the tribes will cease whenever
there is no longer any demand for sla\-es. The resources of that fertile
but miserable countr}- might then be developed by the hand of industry
and afford subjects for legitimate foreign and domestic commerce. In
this manner Christianity and civilization may gradually penetrate the
exi.sting gloom.

The wi.sdom of the course pursued by this Government toward China
has been vindicated by the event. Whilst we sustained a neutral po.si-
tion in the war waged by Great Britain and France against tlie Chinese
Hmpire, our late mini.ster, in obedience to his instructions, judiciou.sly
ccx)perated with the ministers of these powers in all peaceful measures
to .secure by treaty the just concessions demanded by t-lie interests of
foreign commerce. The result is that .sati.sfactor\' treaties have been
concluded with China by the respective ministers of the United States,
Great Britain, France, and Russia. Our "treaty, or general convention,
of peace, amity, and connnerce " with that Empire was concluded at
Tien-tsin on the 1 8th June, 1858, and was ratified by the President, by
and with the advice and consent of the Senate, on the 21st December fol-
lowing. On the 15th December, 1858, John E. Ward, a distingui.shed
citizen of Georgia, was duly commissioned as envoy extraordinary and
minister plenipotentiary to China.

Janus liuchanan 55^

He left the United States for the place of his destination on the 5tli of
February, 1859, bearing with him the ratified copy of this treaty, and
arrived at Shanghai on the 28th May. From thence he proceeded to
Peking on the i6th June, but did not arrive in that city until the 27tli
July. According to the terms of the treaty, the ratifications were to be
exchanged on or before the i8th June, 1859. This was rendered impos-
sible by reasons and events Ijeyond his control, not necessary to detail;
but still it is due to the Chinese authorities at Shanghai to state that
they always assured him no advantage should be taken of the delay, and
this pledge has been faithfullN- redeemed.

On the arrival of Mr. Ward at Peking he requested an audience of
the Emperor to present his letter of credence. This he did not obtain,
in consequence of his very proper refusal to submit to the humiliating
ceremonies required by the etiquette of this strange people in approach-
ing their sovereign. Nevertheless, the interviews on this question were
conducted in the most friendly spirit and with all due regard to his
IKTSonal feelings and the honor of his countrj-. When a presentation
to His Majesty was found to Ije impossible, the letter of credence from
the President was received with peculiar honors by Kweiliang. "the Ivm-
peror's prime mini.ster and the second man in the Empire to the Emj)eror
himself." The ratifications of the treaty were afterwards, on the i6th of
August, exchanged in proper form at Pei-tsang. As the exchange did
not take place until after the day prescribed by the trcat\-, it is deemed
projxir l^efore its publication again to submit it to the Senate. It is but
simple justice to the Chinese authorities to observe that throughout the
whole transaction they appear to have acted in good faith and in a
friendly si)irit toward the United vStates. It is true this has been done
after their own jxiculiar fa.shion; but we ought to regard with a lenient
eye the ancient customs of an empire dating back for thou.sands of years,
s<j far as this may be consistent with our own national honor. The con-
duct of our mini.ster on the occasion has received my entire apjirobalion.

In order to carry out the spirit of this treaty and to give it full effect
it l)ecame necessary to conchide two su])plemental conventions, the <jne
for the adjustment and .satisfaction of the claims of our citizens and the
other to fix the tariff on imports and exiH)rls and to regulate the traii>it
duties and trade of our merchants with China. This (hity was satisfac-
torily performed by our late minister. Tliese conventions bc-ar date at
Shanghai on the Sth X(jvemlK'r, 1S3S. Having l)een considered in the
light of binding agreements subsidiary to the i)rincii)al treaty, and tt» Ik.-
carried into execution without dehiy. they do not provide for any formal
ratification or exchange of ratifications l)y the contracting parties. This
was not deemed ncce.ss;uy by the Cliinese. who are aheady ])rocee(Utig in
good faith to satisfy the claims of our citizens and. it is ho]K'd, to carry
out the other provisions of the conventions. Still. I thought it was
proix:r to submit them to the Senate, by which they were ratifietl on the

560 Messages and Papers of the Presidents

3d of March, 1859. The ratified copies, however, did not reach vShang-
hai until after the departure of our minister to Peking, and these con-
ventions could not, therefore, be exchanged at the same time with the
principal treaty. No doubt is entertained that they will be ratified and
exchanged by the Chinese Government should this be thought advisable;
but under the circumstances presented I shall consider them binding
engagements from their date on both parties, and cause them to be pub-
lished as such for the information and guidance of our merchants trading
with the Chinese Empire.

It affords me much satisfaction to inform 3'ou that all our difficulties
with the Republic of Paraguay have been satisfactoril}^ adjusted. It
happily did not become necessary to employ the force for this purpo.se
which Congress had placed at my command under the joint resolution
of 2d June, 1858. On the contrar}-, the President of that Republic, in
a friendly spirit, acceded promptly to the just and reasonable demands
of the Government of the United States. Our commissioner arrived at
Assumption, the capital of the Republic, on the 25th of January, 1859,
and left it on the 17th of Februar}', having in three weeks ably and
successfully accomplished all the objects of his mission. The treaties
which he has concluded will be immediately submitted to the Senate.

In the view that the employment of other than peaceful means might
become necessary to obtain "just satisfaction" from Paraguay, a strong
naval force was concentrated in the waters of th^ L,a Plata to await con-
tingencies whilst our commissioner ascended the rix-ers to Assumption.
The Navy Department is entitled to great credit for the promptness, effi-
ciency, and economy with which this expedition was fitted out and con-
ducted. It con.sisted of 19 armed vessels, great and small, carrying 200
guns and 2,500 men, all under the command of the veteran and gallant
Shubrick. The entire expenses of the expedition have been defrayed
out of the ordinary appropriations for the naval .service, except the sinn
of $289,000, applied to the purchase of seven of the steamers constitut-
ing a part of it, under the authority of the naval appropriation act of
the 3d March last. It is believed that these steamers are worth more
than their cost, and they are all now usefully and actively employed in
the naval service.

The appearance of so large a force, fitted out in such a prompt manner,
in the far-distant waters of the La Plata, and the admirable conduct of
the officers and men employed in it, have had a happy effect in favor
of our country throughout all that remote portion of the world.

Our relations with the great Empires of France and Rus.sia, as well as
with all other governments on the continent of Europe, unless we may
except that of Spain, happily continue to be of the most friendly character.

In my last annual message I presented a statement of the unsatisfac-
tory condition of our relations with Spain, and I regret to say that this
has not materially improved.

James Buchanan 561

Without special reference to other claims, even the "Cuban claims,"
the pajanent of which has been ably urged by our ministers, and in which
more than a hundred of our citizens are directly interested, remain unsat-
isfied, notwithstanding both their justice and their amount ($128,635.54)
had been recognized and ascertained by the Spanish Government itself.

I again recommend that an appropriation be made " to l:)e paid to the
Spanish Government for the purpose of distribution among the claim-
ants in the A?nistad c2ise." In common with two of my predecessors, I
entertain no doubt that this is required by our treaty with Spain of the
27th October, 1795. The failure to discharge this obligation has been
employed by the cabinet of Madrid as a reason against the settlement of
our claims.

I need not repeat the arguments which I urged in my last annual
message in favor of the acquisition of Cuba by fair purchase. My opin-
ions on that measure remain unchanged. I therefore again invite the
serious attention of Congress to this important subject. Without a
recognition of this policy on their part it will be almost impossible to
institute negotiations with any reasonable prospect of success.

Until a recent period there was good reason to believe that I should
be able to announce to you on the present occasion that our difficul-
ties with Great Britain arising out of the Clayton and Bulwer treaty
had been finally adjusted in a manner alike honorable and satisfactory
to both parties. From causes, however, which the British Government
had not anticipated, they have not yet completed treaty arrangements
with the Republics of Honduras and Nicaragua, in pursuance of the
understandhig between the two Governments. It is, nevertheless, confi-
dently expected that this good work will ere long be accomplished.

Whilst indulging the hope that no other subject remained which could
disturb the good under.standing between the two countries, the (juestion
arising out of the adverse claims of the parties to the i.sland of San Juan,
under the Oregon treaty of the 15th June, 1846, suddenly assumed a
tlireatening prominence. In order to prevent unfortunate collisions on
that remote frontier, the late Secretary of State, on the 17th July, 1855,
addressed a note to Mr. Crampton, then British minister at Washington,
connnunicating to him a copy of the instructions which he ( Mr. Marcy)
had given on the 14th July to Governor Stevens, of Washington Terri-
tory, having a si)ecial reference to an "apprehended conflict l)ctween our
citizens and tlie British subjects on the island of vSan Juan." To pre-
vent this the governor was in.structed "that the officers of the Territory
.should ab.stain from all acts on the di.sputed grounds which are calculated
to provoke any conflicts, so far as it can l>e done without implying the
conces.sion to the authorities of Great Britain of ati exclusive right over
the ])remi.ses. The title ouglit to Ix; .settled l)efore either party should
attemj)t to exclude the other by force or exerci.se complete and exclu-
sive sovereign rights within the fairly disputed limits."
M r— vol. V 36

562 Messages and Papers of the Presidents

In acknowledging the receipt on the next day of Mr. Marcy's note
tlie British minister expressed his entire concurrence ' ' in the propriety
of the course reconnnended to the gov^ernor of Washington Territory by
your [Mr. Marcy's] instructions to that officer," and stating that he had
' ' lost no time in transmitting a copy of that document to the Governor-
General of British North America ' ' and had ' ' earnestly recommended
to His Excellency to take .such measures as to him may appear best cal-
culated to secure on the part of the British local authorities and the
inhabitants of the neighborhood of the line in question the exercise of
the same spirit of forbearance which is inculcated by you [Mr. Marc}']
on the authorities and citizens of the United States. ' '

Thus matters remained upon the faith of this arrangement until the
9th Jul}^ last, when General Harney paid a visit to the island. He found
upon it twenty-five American residents with their families, and also an
establishment of the Hudsons Bay Company for the purpose of raising
sheep. A short time before his arrival one of these residents had shot
an animal belonging to the company whilst trespassing upon his prem-
ises, for which, however, he offered to pay twice its value, but that was
refused. Soon after ' ' the chief factor of the company at Victoria, Mr.
Dalles, son-in-law of Governor Douglas, came to the island in the British
sloop of war Satellite and threatened to take this American [Mr. Cutler]
by force to Victoria to answer for the trespass he had committed. The
American seized his rifle and told Mr. Dalles if any such attempt was
made he would kill him upon the .spot. The affair then ended. ' '

Under these circumstances the American settlers presented a petition
to the General "through the United States inspector of customs, Mr.
Hubbs, to place a force upon the island to protect them from the Indians,
as w^ell as the oppressive interference of the authorities of the Hudsons
Bay Company at Victoria with their rights as American citizens. ' ' The
General immediately responded to this petition, and ordered Captain
George E. Pickett, Ninth Infantry, "to establish his company on Belle-
vue, or San Juan Island, on some suitable position near the harbor at the
southeastern extremit3^" This order was promptly obeyed and a mili-
tary post was established at the place designated. The force was after-
wards increased, so that by the last return the whole number of troops
then on the island amounted in the aggregate to 691 men.

Whilst I do not deem it proper on the present occasion to go further
into the subject and discuss the weight which ought to be attached to
the statements of the British colonial authorities contesting the accuracy
of the information on which the gallant General acted, it was due to him
that I should thus present his own reasons for issuing the order to Cap-
tain Pickett. From these it is quite clear his object w^as to prevent the
British authorities on Vancouvers Island from exercising jurisdiction
over American residents on the island of San Juan, as well as to protect
them against the incursions of the Indians. Much excitement prevailed

James Buchanan 563

for some time throughout that region, and serious danger of colHsion
between the parties was apprehended. The British had a large naval
force in the vicinity, and it is but an act of simple justice to the admiral
on that station to state that he wisely and discreetly forbore to commit
any hostile act, but determined to refer the whole affair to his Govern-
ment and await their instructions.

This aspect of the matter, in my opinion, demanded serious attention.
It would have been a great calamity for both nations had they been pre-
cipitated into acts of hostihty, not on the question of title to the island,
but merely concerning what should be its condition during the interven-
ing period whilst the two Governments might be employed in settling
the question to which of them it belongs. For this reason Lieutenant-
General Scott was dispatched, on the 17th of September last, to Wash-
ington Territory to take immediate command of the United States forces
on the Pacific Coast, should he deem this necessary. The main object of
his mission was to carry out the spirit of the precautionary arrangement
between the late vSecretary of State and the British minister, and thus to
preserve the peace and prevent collision between the British and Ameri-
can authorities pending the negotiations between the two Governments.
Entertaining no doubt of the validity of our title, I need scarcely add
that in any event American citizens were to be placed on a footing at
least as favorable as that of British subjects, it being understood that
Captain Pickett's company should remain on the island. It is proper to
obser\'e that, considering the distance from the scene of action and in
ignorance of what might have transpired on the spot before the General's
arrival, it was necessary to leave much to his discretion; .and I am happy
to state the event has proven that this discretion could not have been
intrusted to more competent hands. General Scott has recently returned
from his mission, having successfully accomplished its objects, and there
is no longer any good reason to apprehend a collision between the forces
of the two countries during the pendency of the existing negotiations.

I regret to inform you that there has lx.'en no improvement in the
affairs of Mexico since my last annual message, and I am again obliged
to a.sk the earnest attention of Congress to the unhappy condition of that
Republic.

The con.stituent Congre.ss of Mexico, which adjourned on the 17th Feb-
ruary, 1857, adopted a constitution and provided for a popular election.
This took place in the following July ( i<S57), and General Comonfort
was chosen President almost without opposition. At the .same election a
new Congress was cho.sen, whose first session commenced on the i6th of
Septeml)er (1857). By the constitution of 1857 the Presidential term
was to l^egin on the ist of Deceml)er ( 1857 ) and continne for four years.
On that day General Comonfort ajijx'ared before the assembled Congress
in the City of Mexico, took the oath to sujiport the new constitution, atid
was duly inaugurated as President. Within a month afterwards he had

564 Messages and Papers of the Presidents

been driven from the capital and a military rebellion had assigned the
supreme power of the Republic to General Zuloaga. The constitution
provided that in the absence of the President his office should devolve
upon the chief justice of the supreme court; and General Comonfort
having left the country, this functionary, General Juarez, proceeded to
form at Guanajuato a constitutional Government. Before this was offi-
cially known, however, at the capital the Government of Zuloaga had
been recognized by the entire diplomatic corps, including the minister of
the United States, as the de facto Government of Mexico. The constitu-
tional President, nevertheless, maintained his position with firmness, and
was soon established, with his cabinet, at Vera Cruz. Meanwhile the Gov-
ernment of Zuloaga was earnestly resisted in many parts of the Republic,
and even in the capital, a portion of the army having pronounced against
it, its functions were declared terminated, and an assembly of citizens
was invited for the choice of a new President. This assembly elected
General Miramon, but that officer repudiated the plan under which he
was chosen, and Zuloaga was thus restored to his previous position. He
assumed it, however, only to withdraw from it; and Miramon, having be-
come by his appointment ' ' President substitute, ' ' continues with that
title at the head of the insurgent party.

In my last annual message I communicated to Congress the circum-
stances under which the late minister of the United States suspended
his official relations with the central Government and withdrew from the
country. It was impossible to maintain friendly intercourse with a gov-
ernment like that at the capital, under whose usurped authority wrongs
were constantly committed, but never redressed. Had this been an estab-
lished government, with its power extending by the consent of the people
over the whole of Mexico, a resort to hostilities against it would have been
quite justifiable, and, indeed, necessary. But the country was a prey to
civil war, and it was hoped that the success of the constitutional President
might lead to a condition of things less injurious to the United States.
This success became so probable that in Januarj' last I employed a reli-
able agent to visit Mexico and report to me the actual condition and
prospects of the contending parties. In consequence of his report and
from information which reached me from other sources favorable to the
prospects of the constitutional cause, I felt justified in appointing a new
minister to Mexico, who might embrace the earliest suitable opportunity
of restoring our diplomatic relations with that Republic, For this purpose
a distinguished citizen of Maryland was selected, who proceeded on his
mission on the 8th of March last, with discretionary authority to recog-
nize the Government of President Juarez if on his arrival in Mexico he
should find it entitled to such recognition according to the established
practice of the United States.

On the 7th of April following Mr. McLane presented his credentials to
President Juarez, having no hesitation " in pronouncing the Government

James Buchanan 565

of Juarez to be the only existing government of the Republic. ' ' He was
cordially received by the authorities at Vera Cruz, and they have ever
since manifested the most friendly disposition toward the United States.

Unhappily, however, the constitutional Government has not been able
to establish its power over the whole Republic.

It is supported by a large majority of the people and the States, but
there are important parts of the country where it can enforce no ol^edience.

General Miramon maintains himself at the capital, and in some of the
distant Provinces there are military governors who pay little respect to
the decrees of either Government. In the meantime the excesses which
always attend upon civil war, especially in Mexico, are constantly recur-
ring. Outrages of the worst description are committed both upon persons
and property'. There is scarcely any form of injury which has not been
suffered by our citizens in Mexico during the last few years. We have
l:)een nominally at peace with that Republic, but ' ' so far as the interests
of our commerce, or of our citizens who have visited the country as mer-
chants, .shipma.sters, or in other capacities, are concerned, we might as
well have been at war." Life has been insecure, property unprotected,
and trade impossible except at a risk of loss which prudent men can not
be expected to incur. Important contracts, involving large expenditures,
entered into by the central Government, have been set at defiance by the
local governments. Peaceful American residents, occupying their right-
ful po.ssessions, have been suddenly expelled the countr}-, in defiance of
treaties and by the mere force of arbitrary power. Even the course of
justice has not been safe from control, and a recent decree of Miramon
j>ermits the inter\'ention of Government in all suits where either party is
a foreigner. Vessels of the United States have been seized without law,
and a consular officer who protested against such seizure has l)een fined
and imprisoned for di.srespect to the authorities. Military contributions
have been levied in violation of ever>^ principle of right, and the Ameri-
can who resisted the lawless demand has had his proj^erty forcil)ly taken
away and has Ijeen himself banished. From a conflict of authorit>' in
different parts of the countr>' tariff duties which have l)een paid in one
place have l)een exacted over again in another place. Large num])ers of
our citizens have l)een arrested and imprisoned without any form of exam-
ination or any opjxjrtunity for a hearing, and even when released lia\e
onl}' obtained their liberty after much suffering and injury, and without
any hojx* of redress. The wholesale ma.ssacre of Crabhe and his asso-
ciates without trial in Sonora, as well as the seizure and nuirdtr of ftuu'
sick Americans who had taken shelter in the house of an American u]v>n
the .soil of the United States, was conununicated to Congress at its last
ses.sion. Murders of a still more atrocious character have been connnitted
in the very heart of Mexico, under the authority of Miramon 's Govern-
ment, during the ])resent year. Some of these were only worthy of a bar-
barous age, and if they had not been clearly proven would have seemed

566 Messages and Papers of the Presidents

impossible in a country which claims to be civilized. Of this description
was the brutal massacre in April last, bj- order of General Marquez, of
three American physicians who were seized in the hospital at Tacubaya
while attending upon the sick and the dying of both parties, and without
trial, as without crime, were hurried away to speedy execution. Little
less shocking was the recent fate of Ormond Chase, who was shot in Tepic
on the 7th of August by order of the same Mexican general, not only
without a trial, but without any conjecture by his friends of the cause of
his arrest. He is represented as a young man of good character and
intelligence, who had made numerous friends in Tepic by the courage
and humanity which he had displayed on several trying occasions; and
his death was as unexpected as it was shocking to the whole community.
Other outrages might be enumerated, but these are sufficient to illustrate
the wretched state of the country and the unprotected condition of the
persons and property of our citizens in Mexico.

In all these cases our ministers have been constant and faithful in their
demands for redress, but both they and this Government, which they
have successively' represented, have been wholly powerless to make their
demands effective. Their testimony in this respect and in reference to
the only remedy which in their judgments would meet the exigencj'-
has been both uniform and emphatic. ' ' Nothing but a manifestation of
the power of the Government of the United States, ' ' wrote our late min-
ister in 1856, "and of its purpose to punish these wrongs will avail. I
assure j^ou that the universal belief here is that there is nothing to be
apprehended from the Government of the United States, and that local
Mexican officials can commit these outrages upon American citizens
with absolute impunit}'." "I hope the President," wrote our present
minister in August last, "will feel authorized to ask from Congress the
power to enter Mexico with the military forces of the United States at
the call of the constitutional authorities, in order to protect the citizens
and the treaty rights of the United States. Unless such a power is con-
ferred upon him, neither the one nor the other will be respected in the
exi.sting state of anarchy and disorder, and the outrages already perpe-
trated will never be chastised ; and, as I assured you in my No. 23, all
these evils must increase until every vestige of order and government
disappears from the country. ' ' I have been reluctantly led to the same
opinion, and in justice to my countrj-men who have suffered wrongs
from Mexico and who may still suffer them I feel bound to announce
this conclusion to Congress.

The case presented, however, is not merely a case of individual claims,
although our just claims against Mexico have reached a very large
amount ; nor is it merely the case of protection to the lives and prop-
erty of the few Americans who may still remain in Mexico, although the
life and propert}' of everj^ American citizen ought to be sacredly pro-
tected in every quarter of the world; but it is a question which relates

Jauics Buchanan 567

to the future as well as to the present and the past, and which involves,
indirectly at least, the whole subject of our duty to Mexico as a neigh-
boring State. The exercise of the power of the United States in that
country to redress the wrongs and protect the rights of our own citizens
is none the less to be desired because efficient and necessary aid may
thus be rendered at the same time to restore peace and order to Mexico
itself. In the accomplishment of this result the people of the. United
States must necessarily feel a deep and earnest interest. Mexico ought
to be a rich and prosperous and powerful Republic. She possesses an
extensive territory, a fertile soil, and an incalculable store of mineral
wealth. She occupies an important position between the Gulf and the
ocean for transit routes and for commerce. Is it possible that such a
country as this can be given up to anarchy and ruin without an effort
from any quarter for its rescue and its safety? Will the commercial
nations of the world, which have so many interests connected with it,
remain wholly indifferent to such a result? Can the United States
especially, which ought to share most largely in its commercial inter-
course, allow their immediate neighbor thus to destro}' itself and injure
them? Yet without support from some quarter it is imjx)ssible to per-
ceive how Mexico can resume her position among nations and enter upon
a career which promises an}' good results. The aid which she requires,
and which the interests of all commercial countries require that she
should have, it belongs to this Government to render, not only 1)y \irtue
of our neighlx)rhood to Mexico, along whose territory we have a con-
tinuous frontier of nearly a thousand miles, but by virtue also of our
established policy, which is inconsistent with tlie intervention of an\-
European power in the domestic concerns of that Republic.

The wrongs which we have suffered from Mexico are before the world
and nnist deeply impress every American citizen. A government which
is either unable or unwilling to redress such wrongs is derelict to its
liighest duties. The difficulty con.sists in .selecting and enforcing the
remed}'. We may in vain apply to the constitutional Government at A'era
Cruz, although it is well disj>osed to do us justice, for adequate redress.
Whil.st its authority is acknowledged in all the imi)ortant ports ami
throughout the .seacoasts of the Republic, its ]x>wer does not extend to
the City of Mexico and the States in its vicinity, where nearly all the
recent outrages have been conuuitted on American citizens. We nuist
]>enetrate into the interior l>efore we can reach the t)fTen<lers. and this can
only Ix; done by pa.ssing through the territory in the occupation of the
constitutional Ciovernment. The most acceptable and least (Hfficult mode
of accomplisliing the object will be to act in concert with that Govern
ment. Their consent and their aid might, I Ixjlieve, Imj ()l)tained; but it"
not, our obligation to protect our own citizens in their just rights secured
by treaty would not Ik; the less imjx.'rative. For these reasons I recom-
mend to Congress to pa.ss a Inw authorizing the President, under such

568 Messages and Papers of the Presidents

conditions as they may deem expedient, to employ a sufficient militarj^
force to enter Mexico for the purpose of obtaining indemnity for the past
and security for the future. I purposely refrain from any suggestion as
to whether this force shall consist of regular troops or volunteers, or
both. This question may be most appropriately left to the decision of
Congress. I would merely obser\'e that should volunteers be selected
such a force could be easily raised in this country among those who sym-
pathize with the sufferings of our unfortunate fellow-citizens in Mexico
and with the unhappy condition of that Republic. Such an acces.sion
to the forces of the constitutional Government would enable it soon to
reach the City of Mexico and extend its power over the whole Republic.
In that event there is no reason to doubt that the just claims of our citi-
zens would be satisfied and adequate redress obtained for the injuries
inflicted upon them. The constitutional Government have ever evinced
a strong desire to do justice, and this might Ije secured in advance by a
preliminary treaty.

It may be said that these measures will, at least indirectly, be incon-
sistent with our wise and settled policy not to interfere in the domestic
concerns of foreign nations. But does not the present case fairh* con-
stitute an exception? An adjoining Republic is in a state of anarch}' and
confusion from which she has proved wholly unable to extricate herself.
She is entirely destitute of the power to maintain peace upon her borders
or to prevent the incursions of banditti into our territory. In her fate
and in her fortune, in her power to establish and maintain a settled
government, we have a far deeper interest, socially, commercially, and
politically, than any other nation. She is now a wreck upon the ocean,
drifting about as she is impelled by different factions. As a good neigh-
bor, shall we not extend to her a helping hand to save her? If we do
not, it would not be surprising should some other nation undertake the
task, and thus force us to interfere at last, under circumstances of in-
creased difficulty, for the maintenance of our established policy.

I repeat the recommendation contained in my last annual message that
authority may be given to the President to establish one or more tem-
porary militar)' posts across the Mexican line in Sonora and Chihuahua,
where these may be necessary to protect the lives and property of Amer-
ican and Mexican citizens against the incursions and depredations of the
Indians, as w^ell as of lawless rovers, on that remote region. The estab-
lishment of one such post at a point called Arispe, in Sonora, in a country
now almost depopulated bj- the hostile inroads of the Indians from our .side
of the line, would, it is believed, have prevented much injurj'^ and many
cruelties during the past season. A state of lawlessness and violence
prevails on that distant frontier. Life and property are there wholly inse-
cure. The population of Arizona, now numbering more than 10,000 souls,
are practically destitute of government, of laws, or of any regular admin-
istration of justice. Murder, rapine, and other crimes are committed

James Buchanan 569

with impuiiit}-. I therefore again call the attention of Congress to the
necessity for establishing a Territorial government over Arizona.

The treaty with Nicaragua of the i6th of February, 1857, to which I
referred in ray last annual message, failed to receive the ratification of
the Government of that Republic, for reasons which I need not enumer-
ate. A similar treaty has been since concluded between the parties,
bearing date on the i6th March, 1859, which has already been ratified
by the Nicaraguan Congress. This will be immediately submitted to the
Senate for their ratification. Its provisions can not, I think, fail to be
acceptable to the people of both countries.

Our claims against the Governments of Costa Rica and Nicaragua
remain unredressed, though they are pressed in an earnest manner and
not without hope of success.

I deem it to be my duty once more earnestly to recommend to Con-
gress the passage of a law authorizing the President to emplo}- the naval
force at his command for the purpose of protecting the lives and prop-
erty of American citizens passing in transit acro.ss the Panama, Nicara-
gua, and Tehuantepec routes against sudden and lawless outbreaks and
depredations. I shall not repeat the arguments employed in former mes-
sages in support of this measure. Suffice it to say that the lives of man}-
of our people and the security of vast amounts of treasure passing and
repassing over one or more of these routes between the Atlantic and
Pacific may be deeply involved in the action of Congress on this subject.

I would also again reconmiend to Congress that authority be given to
the President to employ the naval force to protect American merchant ves-
sels, their crews and cargoes, against violent and lawless .seizure and con-
fiscation in the ports of Mexico and the vSpanish American vStates when
these countries may be in a disturl^ed and revolutionary condition. The
mere knowledge that such an authority had been conferred, as I have
already stated, would of itself in a great degree prevent the evil. Neither
would this require any additional apjiropriation for the na\al service.

The chief objection urged against the grant of this authority is tliat
Congress hy conferring it would violate the Constitution; that it would
be a transfer of the war-making, or, strictly .speaking, the war-declaring,
power to the Executive. If this were well founded, it would, of course,
1)e conclusive. A very brief examination, however, will place tliis objec-
tion at rest.

Congress possess the sole and exclusive power under the Constilution
"to declare war." They alone can "raise and .sup}x>rt armies" and
* ' provide and maintain a navy . ' ' Hut after Congress shall have (kclared
war and provided the force necessary to carry it on the President, as
Connnander in Chief of the Army and Navy, can alone eni])lo>- this force
in making war against the enemy. This is the jilain l.nignnge, and his-
tory proves that it was the well-known intention of the franiers, of the
Constitution.

570 Messages a7id Papers of the Presidents

It will not be denied that the general ' ' power to declare war ' ' is with-
out limitation and embraces within itself not only what writers on the
law of nations term a public or perfect war, but also an imperfect war,
and, in short, every species of hostility, however confined or limited.
Without the authority of Congress the President can not fire a hostile
gun in any case except to repel the attacks of an enemy. It will not be
doubted that under this power Congress could, if they thought proper,
authorize the President to employ the force at his command to seize a
vessel belonging to an American citizen which had been illegally and
unjustly captured in a foreign port and restore it to its owner. But can
Congress only act after the fact, after the mischief has been done? Have
they no power to confer upon the President the authorit}- in advance to
furnish instant redress should such a case afterwards occur? Mvist they
wait until the mischief has been done, and can they apply the remedy
only when it is too late? To confer this authorit)- to meet future cases
under circumstances strictly specified is as clearly within the war-declar-
ing power as .such an authority conferred upon the President by act of
Congress after the deed had been done. In the progress of a great nation
many exigencies must arise imperatively requiring that Congress should
authorize the President to act promptlj^ on certain conditions which may
or may not afterwards arise. Our history has alread}' presented a num-
ber of such cases. I shall refer only to the latest.

Under the resolution of June 2, 1858, "for the adjustment of difficul-
ties with the Republic of Paragua}-," the President is "authorized to
adopt such measures and use such force as in his judgment may be neces-
sary and advisable in the event of a refusal of just satisfaction by the Gov-
ernment of Paraguay. " " Just satisfaction ' ' for what ? For ' * the attack
on the United States steamer Water Witch ' ' and ' ' other matters referred
to in the annual message of the President. ' ' Here the power is expressly
granted upon the condition that the Government of Paraguay shall refuse
to render this "just satisfaction." In this and other similar cases Con-
gress have conferred upon the President power in advance to employ the
Army and Navy upon the happening of contingent future events; and
this most certainl)- is embraced within the power to declare war.

Now, if this conditional and contingent power could be constitutionally
conferred upon the President in the case of Paraguay, why may it not te
conferred for the purpose of protecting the lives and property of Ameri-
can citizens in the event that they may be violentl)' and unlawfully
attacked in passing over the transit routes to and from California or
assailed by the seizure of their vessels in a foreign port? To deu}^ this
power is to render the Navy in a great degree useless for the protection
of the lives and property of American citizens in countries where neither
protection nor redress can be otherwise obtained.

The Thirty-fifth Congress terminated on the 3d of March, 1859, with-
out having passed the ' ' act making appropriations for the service of the

Jav7cs Buchanan 571

Post-Office Department during the fiscal year ending the 30th of June,
i860. ' ' This act also contained an appropriation ' ' to supply deficiencies
in the revenue of the Post-Office Department for the year ending 30th
June, 1859." I believe this is the first instance since the origin of the
Federal Government, now more than seventy years ago, when any Con-
gress went out of existence without having passed all the general appro-
priation bills necessary to carry on the Government until the regular
period for the meeting of a new Congress. This event imposed on the
Executive a grave responsibility. It presented a choice of evils.

Had this omission of duty occurred at the first session of the last
Congress, the remedj^ would have been plain. I might then have in-
stantly recalled them to complete their work, and this without expense
to the Government. But on the 4th of March last there were fifteen of
the thirty-three States which had not elected any Representatives to the
present Congress. Had Congress been called together immediately, these
States would have been virtually disfranchised. If an intermediate pe-
riod had been selected, several of the States would have been compelled
to hold extra sessions of their legislatures, at great inconvenience and
expense, to provide for elections at an earlier day than that previously
fixed by law. In the regular course ten of these States would not elect
until after the beginning of August, and five of these ten not until Octo-
ber and November.

On the other hand, when I came to examine carefulh' the condition of
the Post-Office Department, I did not meet as many or as great difficulties
as I had apprehended. Had the bill which failed been confined to appro-
priations for the fiscal year ending on the 30th June next, there would have
been no rea.son of pressing importance for the call of an extra session.
Nothing would become due on contracts (those with railroad companies
only excepted) for carrying the mail for the first quarter of the present
fiscal year, commencing on the ist of July, until the ist of December — less
than one week before the meeting of the present Congress. The reason
is that the mail contractors for this and the current year did not complete
their first quarter's service until the 3otli September last, and by the terms
of their contracts sixty days more are allowed for the .settlement of their
accoinits before the Department could te called upon for payment.

The great difficulty and the great hard.ship consi.sted in the failure to
provide for the payment of the deficiency in the fiscal year ending the
30th June, 1859. The Department had entered into contracts, in obedi-
ence to existing laws, for the service of that fiscal year, and the contractors
were fairly entitled to their comijcnsiition as it became (hic. The defi-
ciency as stated in the bill amounted to $3,838,728, but afUr a careful
.settlement of all these accounts it has lx?en ascertained that it amounts
to $4,296,009. With the .scanty means at his connnand the I'oslmasttr-
General has managed to ]>ay that ])ortion of this (lefKiencs which oc-
curred in the first two (juarters of the past fiscal \car, cndim^ on the 31st

572 Messages and Papers of the Presidents

December last. In the meantime the contractors themselves, under
these trying circumstances, have behaved in a manner worthy of all com-
mendation. They had one resource in the midst of their embarrassments.
After the amount due to each of them had Ijeen ascertained and finally
settled according to law, this became a specific debt of record against the
United States, which enabled them to borrow money on this unquestion-
able security. Still, they were obliged to pay interest in consequence of
the default of Congress, and on ever}- principle of justice ought to receive
interest from the Government. This interest should commence from the
date when a warrant would have issued for the payment of the principal
had an appropriation been made for this purpo.se. Calculated up to the ist
December, it will not exceed $96,660 — a .sum not to be taken into account
when contra.sted with the great difficulties and embarrassments of a pub-
lic and private character, both to the people and the States, which would
have resulted from convening and holding a .special .se.s.sion of Congress.

For these reasons I recommend the pas.sage of a bill at as early a day
as may be practicable to provide for the payment of the amount, with
interest, due to these last-mentioned contractors, as well as to make the
necessary appropriations for the .service of the Post-Office Department
for the current fiscal year.

The failure to pa.ss the Post-Office bill nece.s.sarily gives birth to seri-
ous reflections. Congress, by refusing to pa.ss the general appropriation
bills nece.s.sary to carr^- on the Government, ma}- not only arre.st its ac-
tion, but might even destroy its exi.stence. The Arm}-, the Navy, the
judiciary, in .short, every department of the Government, can no longer
perform their functions if Congress refu.se the money neces.sary for their
support. If this failure should teach the country the necessity of electing
a full Congress in sufficient time to enable the President to convene them
in any emergency, even immediately after the old Congress has expired,
it will have been productive of great good. In a time of sudden and
alarming danger, foreign or domestic, which all nations must expect to
encounter in their progress, the very salvation of our institutions maj' be
staked upon the assembling of Congress without delay. If under such
circumstances the President .should find him.self in the condition in which
he was placed at the close of the last Congress, with nearh' half the
States of the Union destitute of representatives, the consequences might
be di.sastrous. I therefore recommend to Congress to carr^- into effect
the provi.sions of the Constitution on this subject, and to pa.ss a law
appointing .some day previous to the 4th March in each year of odd num-
ber for the election of Representatives throughout all the States. They
have already appointed a daN' for the election of electors for President and
\"ice- President, and this measure has been approved by the country.

I would again express a mo.st decided opinion in favor of the construc-
tion of a Pacific railroad, for the reasons stated in my two last annual
messages. When I reflect upon what would be the defenseless condition
of our States and Territories vv-est of the Rockv Mountains in case of a

James Buchanan 573

war with a naval power sufficiently strong to interrupt all intercourse
with them by the routes across the Isthmus, I am still more convinced
than ever of the vast importance of this railroad. I have never doubted
the constitutional competency of Congress to provide for its construction,
but this exclusively under the war-making power. Besides, the Consti-
tution expre.s.sly requires as an imperative duty that ' ' the United States
shall protect each of them [the State.s] against invasion. ' ' I am at a loss
to conceive how this protection can be afforded to California and Oregon
against such a naval power by any other means. I repeat the opinion
contained in my last annual message that it would be inexpedient for
the Government to undertake this great work l)y agents of its own
appointment and under its direct and exclusive control. This would
increase the patronage of the Executive to a dangerous extent and would
foster a system of jobbing and corruption which no vigilance on the part
of Federal officials could prevent. The construction of this road ought,
therefore, to be intrusted to incorporated companies or other agencies who
would exercise that active and vigilant supervision over it which can Ije
inspired alone by a sense of corporate and individual interest. I venture
to assert that the additional cost of transporting troops, nuuiitions of
war, and necessary supplies for the Army across the vast intervening
plains to our possessions on the Pacific Coast would be greater in such
a war than the whole amount required to construct the road. And yet
this resort would after all be inadequate for their defense and protection.

We have yet scarcely recovered from the habits of extravagant expend-
iture produced by our overflowing Treasury during several years prior to
the connnencement of my Administration. The financial reverses which
we have .since experienced ought to teach us all to .scrutinize our ex-
penditures with the greatest vigilance and to reduce them to the low-
est po.ssible point. The Executive Departments of the Government have
devoted them.selves to the accomplishment of this object with consider-
able .succe.ss, as will api^ear from their different reixjrts and estimates.
To these I invite the .scrutiny of Congress, for the purjx^se of reducing
them .still lower, if this l>e practicable con.sistent with the great i)ublic
interests of the country. In aid of the |X)licy of retrenchment, I i)ledge
myself to examine closely the bills appropriating lands or money, so that
if any of these .should inadvertently jia.ss lx)th Houses, as nuist .st)metinics
Ix.' the ca.se, I may afford them an opixjrtunity for reconsideration. At
the .same time, we ought never to forget that true pul)lic economy con-
.sists not in withholding the means nece.ssary to accomjjlish imiH^rtant
national objects confided to us by the Constitutitni, but in taking care
that the money approi>riated for these purjxises .shall Ix.* faithfully and
frugally expended.

It will api)ear from llie re]x)rt of the Secretary of the Treasmy that
it is extremely doubtful, to say the lea.st, whether we shall l)e able to
pa.ss through the present and the next fi.scal year without ]>r()viding
additional revenue. This can only be accomplished by strictly confining

574 Messages and Papers of the Presidents

the appropriations within the estimates of the different Departments,
without making an allowance for any additional expenditures which
Congress may think proper, in their discretion, to authorize, and without
providing for the redemption of any portion of the $20,000,000 of Treas-
ury notes which have been already issued. In the event of a deficiency,
which I consider probable, this ought never to l^e supplied bj' a resort to
additional loans. It would be a ruinous practice in the days of peace
and prosperity to go on increasing the national debt to meet the ordinary
expenses of the Government. This policy would cripple our resources
and impair our credit in case the existence of war should render it nec-
essary to borrow money. Should such a deficiency occur as I apprehend,
I would recommend that the necessary revenue be raised by an increase
of our present duties on imports. I need not repeat the opinions ex-
pressed in my last annual message as to the best mode and manner of
accomplishing this object, and shall now merely observe that these have
since undergone no change.

The report of the Secretarj' of the Treasury will explain in detail the
operations of that Department of the Government.

The receipts into the Treasury from all sources during the fiscal 3'ear
ending June 30, 1859, including the loan authorized by the act of June
14, 1858, and the issues of Treasury notes authorized by existing laws,
were $81,692,471.01, which sum, with the balance of $6,398,316.10 re-
maining in the Treasury at the commencement of that fiscal year, made
an aggregate for the service of the year of $88,090,787. 11.

The public expenditures during the fi.scal year ending June 30, 1859,
amounted to $83,751,511.57. Of this sum $17,405,285.44 were applied
to the paj'ment of interest on the public debt and the redemption of
the issues of Treasury notes. The expenditures for all other branches
of the public ser\ace during that fiscal year were therefore $66,346,226. 13.

The balance remaining in the Treasury on the ist July, 1859, being
the commencement of the present fiscal 3'ear, was $4,339,275.54.

The receipts into the Treasury during the first quarter of the pres-
ent fiscal 3'ear, commencing July i, 1859, were $20,618,865.85. Of this
amount $3,821,300 was received on account of the loan and the issue
of Treasury notes, the amount of $16,797,565.85 having been received
during the quarter from the ordinary sources of public revenue. The
estimated receipts for the remaining three quarters of the present fiscal
year, to June 30, i860, are $50,426,400. Of this amount it is estimated
that $5,756,400 will be received for Treasury notes which may be reis-
sued under the fifth section of the act of 3d March last, and $1,170,000
on account of the loan authorized bj^ the act of June 14, 1858, making
$6,926,400 from the.se extraordinary .sources, and $43,500,000 from the
ordinary sources of the public revenue, making an aggregate, with the bal-
ance in the Treasury on the ist July, 1859, of $75,384,541.89 for the esti-
mated means of the present fiscal year, ending June 30, i860.

James Buchanan 575

The expenditures durini^ the first quarter of the present fiscal year
were $20,007,174.76. Four niilhon six hundred and sixty-four thou-
sand three hundred and sixty-six dollars and seventy-six cents of this
sum were applied to the payment of interest on the public debt and the
redemption of the issues of Treasury notes, and the remainder, being
$15,342,808, were applied to ordinary expenditures during the quarter.
The estimated expenditures during the remaining three quarters, to June
30, i860, are $40,995,558.23, of which sum $2,886,621.34 are estimated
for the interest on the public debt. The ascertained and estimated ex-
penditures for the fiscal year ending June 30, i860, on account of the
public debt are accordingly $7,550,988.10, and for the ordinary expend-
itures of the Government $53,451,744.89, making an aggregate of $61,-
002,732.99, leaving an estimated balance in the Treasury on June 30,
i860, of $14,381,808.40.

The estimated receipts during the next fiscal year, ending June 30,
1861, are $66,225,000, which, with the balance estimated, as before
stated, as remaining in the Treasury on the 30th June, i860, will make
an aggregate for the service of the next fiscal year of $80,606,808.40.

The estimated expenditures during the next fiscal year, ending 30th
June, 1861, are $66,714,928.79. Of this amount $3,386,621.34 will be
required to pay the interest on the public debt, leaving the sum of
$63,328,307.45 for the estimated ordinary expenditures during the fiscal
year ending 3otli June, 1861. Upon these estimates a balance will be
left in the Trea.sury on the 30th June, 1861, of $13,891,879.61.

But this balance, as well as that estimated to remain in the Treasury
on the ist July, i860, will be reduced by such appropriations as shall be
made by law to carry into effect certain Indian treaties during the pres-
ent fiscal year, asked for by the Secretary of the Interior, to the amount
of $539,350; and upon the estimates of the Postmaster-General for the
service of his Department the last fiscal year, ending 30th June, 1859,
amounting to $4,296,009, together with the further estimate of that
officer for the service of the present fiscal year, ending 30th June, i860,
lx;ing $5,526,324, making an aggregate of $10,361,683.

Should the.se appropriations be made as requested by the jjrojK-r De-
partments, the balance in the Trea.sury on the 30th June, 1S61, will not,
it is estimated, exceed $3,530,196.61.

I transmit herewith the rejxjrts of the Secretaries of War. of the Navy,
of the Interior, and of the Postmaster-General. They each contain val-
uable information and important recommendations well worthy of the
.serious con.sideration of Congress.

It will aj^pear from the reiK)rt of the Secretary of War that tlie Army
exixjnditures have been materially reduced l)y a system of rigid economy,
which in his opinion offers every guaranty that the reduction will be
])ermanent. The estimates of the Department for the next have lx?en
reduced nearly $2,ooo,(xx> Ixjlow the estimates for the jiresent fiscal >eaT

576 Messages and Papers of the Presidents

and $500,000 below the amount granted for this year at the last session
of Congress.

The expenditures of the Post-Office Department during the past fiscal
3'ear, ending on the 30th June, 1859, exclusive of payments for mail
servdce specially provided for by Congress out of the general Treasury,
amounted to $14,964,493.33 and its receipts to $7,968,484.07, showing
a deficiency to be supplied from the Treasury of $6,996,009.26, against
$5,235,677.15 for the 3-ear ending 30th June, 1858. The increased cost
of transportation, growing out of the expansion of the service required
by Congress, explains this rapid augmentation of the expenditures. It
is gratifying, however, to observe an increase of receipts for the year
ending on the 30th of June, 1859, equal to $481,691.21 compared with
those in the year ending on the 30th June, 1858.

It is estimated that the deficiency for the current fiscal year will be
$5,988,424.04, but that for the year ending 30th June, 1861, it will not
exceed $1,342,473.90 should Congress adopt the measures of reform
proposed and urged by the Postmaster- General. Since the month of
March retrenchments have been made in the expenditures amounting to
$1,826,471 annuall}^ which, however, did not take effect until after the
commencement of the present fiscal year. The period seems to have ar-
rived for determining the question whether this Department shall become
a permanent and ever-increasing charge upon the Treasury, or shall be
permitted to resume the self-sustaining policy which had so long con-
trolled its administration. The course of legislation recommended by
the Postmaster- General for the relief of the Department from its pres-
ent embarrassments and for restoring it to its original independence is
deserving of your early and earnest consideration.

In conclusion I would again commend to the just liberality of Con-
gress the local interests of the District of Columbia. Surely the city
bearing the name of Washington, and destined, I trust, for ages to be the
capital of our united, free, and prosperous Confederacy, has strong claims
on our favorable regard. j^^^g BUCHANAN.

SPECIAL MESSAGES.

Washington, December 7, i8^g.
To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State and the
papers referred to therein, in answer to the resolution of the Senate of
the 2ist of December last, in relation to the suspension of diplomatic rela-
tions with Mexico by the United States legation in that country.

JAMES BUCHANAN.

James Buchanan 577

Washington, December 16, 18^ p.
To the Senate of the United States:

Having ratified the treaty between the United States and the Empire
of China, pursuant to the advice and consent of the Senate as expressed
in their resolution of the 15th of December last, I lost no time in forward-
ing my ratification thither, in the hope that it might reach that country
in season to be exchanged for the ratification of the Emperor within tlje
time limited for that purpose. Unforeseen circumstances, however, re-
tarded the exchange until the i6th of August last. I consequently sub-
mit the instrument anew to the Senate, in order that they may declare
their assent to the postponement of the exchange of the ratifications in
such way as they may deem most expedient.

JAMES BUCHANAN.

Washington, December ig, iS^g.
To the Senate of the United States:

I transmit to the Senate, with a view to ratification, a treaty of friend-
ship, commerce, and navigation concluded at Asuncion on the 4th of
February last between the plenipotentiaries of the United States and
Paraguay. JAMES BUCHANAN.

Washington, December ip, iS^p.
To the Senate of the United States:

I transmit to the Senate, for consideration with a view to ratification, a
treaty of friendship and commerce between the United States and Nic-
aragua, signed by their respective plenipotentiaries at Managua on the
1 6th March last, together with papers explanatory of the same, of which
a list is herewith furnished.

I invite attention especially to the last document accompanying the
treaty, being a translation of a note of 26tli Septeml^er ultimo from Mr.
Molina, charge d'affaires ad interim of Nicaragua, to the Secretary of
State, together with the translation of the ratification of the treaty by
the Nicaraguan Government, thereto annexed.

The amendment stipulated in the second article of the decree of ratifi-
cation by Nicaragua is in conformity with the views of this Govennucnt,
to which the omitted clause was obnoxious, as will be seen by rercrence
to the note of the Secretary of State to Mr, Trisarri of 26tli May, 1S59,
a copy of which is among the documents referred to.

JAMES BUCHANAN.

Washington', December /v, iS/^q.
To the Scjiate of the United States:

I transmit to the Senate, with a view to ratification, the special con-
vention concluded at Asuncion on the 4th of l-'ebruary last between the
M r-voi, V— 37

578 Messages and Papers of the Presidents

plenipotentiaries of the United States and Paraguay, providing for the
settlement of the claims of the United States and Paraguay Navigation
Company. JAMES BUCHANAN.

Washington, /a«?mrj' /, i860.
To the Seriate of the United States:

I transmit to the Senate, for consideration with a view to ratification,
a ' ' treaty of transits and commerce between the United States of America
and the Mexican Republic," and also a "convention to enforce treaty
stipulations ' ' between the same parties, both of which were signed by the
plenipotentiaries of the respective Governments at Vera Cruz on the 1 4th
December ultimo.

I also transmit a copy of a dispatch of the minister of the United States
accredited to the Mexican Government to the Secretary of State, relative
to these instruments. ^^^^^^ BUCHANAN.

Washington, fanuary 10, i860.
To the Senate of the United States:

I transmit herewith, for your constitutional action thereon, articles of
agreement and convention made and concluded on the 5th day of Octo-
ber, 1859, with the Kansas, and recommend that the same be ratified.

JAMES BUCHANAN.

Washington, ya;/?/a;3' 70, i860.
To the Senate of the United States:

I transmit herewith, for your constitutional action thereon, articles of
agreement and con^•ention made and concluded on the ist day of October^
1859, with the Sacs and Foxes of the Mississippi, and recommend that
the same be ratified. ^^^^^^ BUCHANAN.

Washington, fannary 10, i860.
To the Senate of the United States:

I transmit herewith, for your constitutional action thereon, articles of
agreement and convention made and concluded on the 15th day of April,
1859, with the Winnebagoes, and recommend that the same l>e ratified.

JAMES BUCHANAN.

Washington, famiaiy 12, i860.
To tlie Senate of the United States:

In compliance with the resolution of the Senate in executive session of
the loth instant, I transmit herewith the report of the Secretary of State

James BiicJiaiian 579

and the papers accompanying it, relating to the treaties lately negotiated by
Mr. McLane and to the condition of the existing Government of Mexico.
It will be observed from the report that these papers are originals, and
that it is indispensable they should be restored to the files of the Depart-
ment when the subject to which they relate shall have been disposed of.

JAMES BUCHANAN.

Washington, January 20, i860.
To the Senate of the Utiited States:

I transmit herewith, for your constitutional action, articles of agree-
ment and convention made and concluded on the i6th day of July, 1859,
with the Chippewas of Swan Creek and Black River and the Christian
Indians, and recommend that the same be ratified.

JAMES BUCHANAN.

Washington, January 2j, 1S60.
To the Senate oj the United States:

In answer to the resolution of the Senate of the 12th instant, request-
ing information respecting an alleged outrage upon an American family
at Perugia, in the Pontifical States, I transmit a report from the Secretary
of State and the documents by which it is accompanied.

JAMES BUCHANAN.

Washington, January ^j, i860.
To the Senate of the United States:

In compliance with the resolution of the Senate of the i ith June, 1858,
requesting the President of the United States, if in his judgment com-
patible with the public interests, to comnmnicate to that body "such
information as the Executive Departments may afford of the contracts,
agreements, and arrangements which have been made and of jiroposals
which have been received for heating and ventilating the Capitol exten-
sion, the Post-Office, and other public buildings in course of construction
under the management of Captain Meigs, and of the action of the vSecre-
tary of War and Captain Meigs thereon," I transmit herewith all the
papers called for by the resolution. , . \\v<^ ^W^C^^ A X^ \ V

WashingT(jn, January jo, i860.
To the Senate oJ the United States:

I tran.smit herewith a reix^rt of the Secretary of War, with accomjxuiy-
ing pajx^rs, in answer to the resolution of the 9th instant, recjuesting the
President "to comminiicate to the Senate the official corres]>oiulence of
Lieutenant-General Wiiifield vScott in reference to the island of vSan Juan,
and of Brigadier-General William S. Harney, in command of the Dejiart-
ment of Oregon." j ^^^j,^ BUCHANAN.

580 Messages and Papers of the Presidents

Washington, February 6, i860.
To the Senate and House of Representatives:

I transmit a copy of a letter of the 2 2d of April last from the charge
d'affaires ad interim of the United States in China, and of the regulations
for consular courts which accompanied it, for such revision thereof as
Congress may deem expedient, pursuant to the sixth section of the act
approved the i ith of August, 1848. j^^^g BUCHANAN.

Washington, February <?, i860.
To tlie Senate of tJie United States:

I transmit for the approval of the Senate an informal convention with
the Republic of Venezuela for the adjustment of claims of citizens of the
United States on the Government of that Republic growing out of their
forcible expulsion by Venezuelan authorities from the guano island of
Aves, in the Caribbean Sea. Usually it is not deemed necessary to con-
sult the Senate in regard to similar instruments relating to private clafms
of small amount when the aggrieved parties are satisfied with their terms.
In this instance, however, although the convention was negotiated under
the authority of the Venezuelan Executive and has been approved by the
National Convention of that Republic, there is some reason to apprehend
that, owing to the frequent changes in that Government, the payments
for which it provides may be refused or delayed upon the pretext that the
instrument has not received the constitutional sanction of this Govern-
ment. It is understood that if the payments adverted to shall be made
as stipulated the convention will be acceptable to the claimants.

JAMES BUCHANAN.

Washington, February g, i860.
To tlie Senate of tlie United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of peace, friendship, commerce, and navigation between
the United States and the Republic of Bolivia, signed by their respec-
tive plenipotentiaries at Ea Paz on the 13th of Ma)-, 1858.

JAMES BUCHANAN.

Washington, February 20, i860.
To the Sefiate and House of Representatives of tlie United States:

Eight memorials numerously signed by our fellow-citizens, ' ' residents
for the most part within the territorial limits of Kansas and Nebraska
at and near the eastern slope of the Rocky Mountains," have been pre-
sented to me, containing the request that I would submit the condition
of the memorialists to the two Houses of Congress in a special message.
Accordingly, I transmit four of these memorials to the Senate and four
to the House of Representatives.

James Btichanan 581

These memorialists invoke the interposition of Congress and of the
Executive ' ' for the early extinguishment of the Indian title, a consequent
survey and sale of the public land, and the establishment of an assay
office in the immediate and dail}' reach of the citizens of that region."
They also urge ' ' the erection of a new Territory from contiguous portions
of New Mexico, Utah, Kansas, and Nebraska," with the boundaries set
forth in their memorial. They further state, if this request should not
be granted, "that (inasmuch as during this year a census is to be taken)
an enabling act be passed with provision upon condition that if on the
ist day of July, i860, 30,000 resident inhabitants be found within the
limits of the mineral region, then a Territorial government is constituted
by Executive proclamation; or if on the ist day of September, i860,
150,000 shall be returned, then a State organization to occur."

In transmitting these memorials to Congress I reconnnend that such
provision may be made for the protection and prosperity of our fellow-
citizens at and near the eastern slope of the Rocky Mountains as their
distance and the exigencies of their condition may require for their gov-

^"""^"*- JAMES BUCHANAN.

Washington, Febmary ^5, i860.
To the House of Represc7itatives:

In compliance with the resolution of the House of Representatives of
the 1 6th instant, requesting a copy of a letter of the Emperor of France
upon the subject of commerce and free trade, I transmit a report from
the Secretary of vState, to whom the resolution was referred.

JAMES BUCHANAN.

Washington, Fehniary 21^ 1S60.
To the Senate of the United States:

In answer to the resolution of the Senate of yesterday, requesting
information with regard to the present condition of the work of marking
the boundary pursuant to the first article of the treaty between the United
States and Great Britain of the 15th of June. 1S46, I transmit a report
from the Secretary of State and the papers l)y which it was accomj^anied.

JAMES BUCHANAN.

Washington, Mnnli /, iSdo.
To t/ie Senate o/' t/ie I ^)iited States:

I tran.smit herewith, in compliance with the rt-sohitiDn of the- vScnate
of the ist of hVbruary, 1S60, a rcjiort from the Secretary of War, com-
municating the information desired relative to the i)aynients. agreements,
arrangements, etc., in connectioJi with the heating and \entilating of tlie
Capitol and Post-Office extensions. , AMI'S lU't'II W \N

582 Messages and Papers off he Presidents

Washington, March 5, i860.
To the Senate of the United States:

In compliance with the resohition of the Senate of the 23d of February,
i860, T transmit to that body a communication* of the Secretary of War,
furnishing all the information requested in said resolution.

JAMES BUCHANAN.

Washington, March <?, i860.
To tiie Senate of the United States:

I transmit herewith a report from the Secretary of State, together with
the papers accompanying it, in answer to the resolution of the Senate in
executive session of the 28th ultimo, calling for the instructions to our
minister or ministers in Mexico which resulted in the negotiation of the
treaty with that country now before the Senate.

JAMES BUCHANAN.

Washington, March 12, i860.
To the Senate of the United States:

In answer to the resolution of the Senate of the 6th ultimo, requesting
copies of the instructions to and dispatches from the late and from the
present minister of the United States in China down to the period of
the exchange of ratifications of the treaty of Tien-tsin, and also a cop}^
of the instructions from the Department of State of Februar}-, 1857, to
Mr. Parker, former commissioner in China, I transmit a report from the
Secretary of State and the papers by which it was accompanied.

JAMES BUCHANAN.

Washington, March /f, i860.
To the Senate of the U7iited States:

Referring to my communication of the 5th instant to the Senate, in
answer to its resolution of the 23d February, calling for an}- "communi-
cation which may have been received from the governor of Texas, and
the documents accompanying it, concerning alleged hostilities now exist-
ing on the Rio Grande," I have the honor herewith to submit for the
consideration of that body the following papers:

Dispatch from the Secretary of War to the governor of Texas, dated
28th February, i860.

Dispatch from the governor of Texas to the Secretary of War, dated
8th March, i860.

Dispatch from Acting Secretary of War to the governor of Texas, dated
14th March, i860. j^^jj^g BUCHANAN.

* Relating to disturbances on the Rio Orantle between citizens and niilitan,- authorities of Mexico
and Texas.

James Buchanan 583

Washington, March 75", i860.
To the Senate of the United States:

In compliance with the resolution* of the Senate in executive session
on the 1 2th instant, I transmit a report from the Secretary of State, with
the accompanying copies of Mr. Church well's correspondence.

JAMES BUCHANAN.

Washington, March 16, 1S60.
To the Senate of the United States:

I transmit herewith a report from the Acting Secretary of War, with
its accompanying papers, communicating the information called for by
the resolution of the Senate of the 9th instant, respecting the marble
columns for the Capitol extension. JAMES BUCHANAN.

Washington, March 16, i860.
To the SeJiate arid House of Representatives:

I transmit a copy of the convention between the United States and the
Republic of Paraguay, concluded on the 4th February, 1859, and pro-
claimed on the 1 2th instant, and invite the attention of Congress to the
expedienc}' of such legislation as may be deemed necessary' to carry into
effect the stipulations of the convention relative to the organization of
the commi.ssion provided for therein.

The commissioner on the part of Paraguay is now in this city, and is
prepared to enter upon the duties devolved ujx)n the joint commission.

JAMES BUCHANAN.

W.'\SHiNGTON, March 21, i860.
To the Senate of the United States:

In compliance with the request of the Senate contained in their resolu-
tion of yesterday, the 20th instant, I return to them the resolution of the
i6tli in.stant, "that the Senate do not advi.se and con.sent to the ratifica-
tion of the treaty of friendship and commerce between the Ignited States
and Nicaragua, signed at Managua on the i6th day of March, 1S59." I
al.so return the treaty it.self, presuming that the vSenate so intended.

JAMES BUCHANAN.

W.\SHiNGTOx, March 22, 1S60.
To the Senate of the United States:

I tran.smit to the Senate, for its consideration with a view to ratification,
a convention concluded on the 21st instant ])etween the United vStates and
His Majesty the King of Sweden and Norway for the nuitual surrender
of fugitive criminals. l^WS BUCHANAN.

*Calling for the rciKjrl of the agent sent to Mexico to .iscertaiti the cuiidilion of that o)iiiitry.

584 Messages and Papers of the Presidents

Washington, March 2p, i860.
To the Senate of the United States:

In compliance with the resohition of the Senate of the 21st of March,
i860, requesting the President of the United States "to inform the Sen-
ate, if in his opinion it be not incompatible with the public interest,
if any instructions have been given to any of the officers of the Navy of
the United States by which, in any event, the naval force of the United
States or any part thereof were to take part in the civil w^ar now exist-
ing in Mexico, and if the recent capture of two war steamers of Mexico
by the naval force of the United States was done in pursuance of orders
issued by this Government, and also by w^hat authority those steamers
have been taken in possession by the naval force of the United States
and the men on board made prisoners," I transmit the inclosed report,
with accompanying papers, from the Secretary of the Na\^'.

JAMES BUCHANAN.

Washington, March 2g, 1S60.
To the Hoiise of Representatives:

I transmit herewith a report of the Secretary of War, wath its accom-
paniments, communicating the information called for by the resolution
of the House of Representatives of the ist instant, concerning the diffi-
culties on the southwestern frontier. , TAMES BUCHANAN

Washington, March jo, i860.
To the House of Representatives:

In answer to the resolution of the 26th instant, requesting information
touching the imprisonment of an American citizen in the island of Cuba,
I transmit a report from the Secretary of State and the documents by
which it was accompanied. ^^^^3 BUCHANAN.

Washington, April 2, i860.
To the Sefiate of the United States:

In compliance with the resolution of the Senate of the 28th of February
last, relative to the uniform or costume of persons in the diplomatic or
consular service, I transmit a report from the Secretary of State and the
papers by which it was accompanied. jAMES BUCHANAN.

Washington City, April j, i860.
To the Senate of the United States:

I herewith transmit to the Senate a report of the Attorney-General,
in answer to a resolution of the Senate of the 21st of March, "that the

James Buchanan 585

President be respectfully requested to communicate to the Senate the
correspondence between the judges of Utah and the Attorney-General
or the President with reference to the legal proceedings and condition
of affairs in the Territory of Utah. ' ' ^^^^^^ BUCHANAN.

Washington, April 5, i860.
To the Senate of the United States:

I transmit, for the consideration of the Senate with a view to ratifica-
tion, a treaty of friendship, commerce, and navigation between the United
States and the Republic of Honduras, signed by the plenipotentiaries of
the parties in this city on the 28th day of last month.

The fourteenth article of this treaty is an exact copy of the supple-
mental article of the ' ' treat}' of friendship, commerce, and navigation
between Great Britain and the Republic of Honduras, ' ' dated 26th day
of August, 1856, with the necessary changes in names and dates. Under
this article the Government and people of the United States will enjoy
in the fullest and mo.st satisfactory manner the use of the ' ' Honduras
Interoceanic Railwa}'," in consideration of which the United States recog-
nizes the rights of sovereignty and property of Honduras over the line
of the road and guarantees its neutrality, and, when "the road shall have
l)een completed, equally engages, in conjunction with Honduras, to pro-
tect the same from interruption, seizure, or unjust confiscation, from
whatever quarter the attempt may proceed."

This treaty is in accordance with the policy inaugurated by the Gov-
ernment of the United States, and in an especial manner by the Senate,
in the year 1846, and several treaties have been concluded to carry it into
effect. It is simple, and may be embraced in a few words. On the one
side a grant of free and uninterrupted transit for the Government and
people of the United States over the transit routes across the Isthmus,
and on the other a guaranty of the neutralit}' and protection of these
routes, not only for the benefit of the Republics through which they
pass, but, in the language of our treaty with New Granada, in order to
secure to themselves the tranquil and constant enjoyment of these inter-
oceanic communications.

The first in the .series of these treaties is that with New Granada of
the 12th I)ecemlx;r, 1S46. This treaty was concluded l)efore our acqui-
sition of California and when our interests on the Pacific Coast were
of far less magnitude than at the ])resent day. I'or years before this
]K>riod. however, the routes across the Istlnnus had attracted the serious
attention of this Government.

This treaty, after granting us the right of transit acro.ss the Isthnuis
of Panama in the mo.st ample terms, Innds this Ciovernment to guarantee
to New Granada "the perfect neutrality of the Ix^fore-menlioned Isth-
mus, with the view that the free transit from the one to the other sea

586 Messages and Papers of the Presidents

may not be interrupted or embarrassed in any future time while this
treaty exists."

In one respect it goes further than any of its successors, because it
not only guarantees the neutrality of the route itself, but ' ' the rights
of sovereignty and property ' ' of New Granada over the entire Province of
Panama. It is worthy of remark that when it was sent to the Senate
it was accompanied b}^ a message of President Polk, dated February 10,
1847, in which the attention of that body was especially called to these
important stipulations of the thirty-fifth article, and in which it was
stated, moreover, that our charge d'affaires who negotiated the treaty
' ' acted in this particular upon his own responsibility and without in-
structions. ' ' Under these circumstances the treaty was approved by the
Senate and the transit policy to which I have referred was deliberately
adopted. A copy of the executive document (confidential). Twenty-
ninth Congress, second session, containing this message of President
Polk and the papers which accompanied it is hereto annexed.

The next in order of time of these treaties of transit and guarantj'
is that of the 19th April, 1850, with Great Britain, commonly called
the Clayton and Bulwer treaty. This treaty, in affirmance of the policj'
of the New Granada treaty, established a general principle which has
ever since, I believe, guided the proceedings of both Governments. The
eighth article of that treaty contains the following stipulations:

The Government of the United States having not only desired in entering into this
convention to accomplish a particular object, but also to establish a general principle,
they hereby agree to extend their protection by treaty stipulations to any other
practicable communications, whether by canal or railway, across the isthnuis which
connects North and South America, and especially to the interoceanic coninumica-
tions, should the same prove to be practicable, whether by canal or railway, which
are now proposed to be established by the way of Tehuantepec or Panama.

And that the said —

Canals or railways shall also be open on like terms to the citizens and subjects of
ever}- other state which is willing to grant thereto such protection as the United
States and Great Britain propose to afford.

The United States, in a short time after the Clayton and Bulwer treaty
was concluded, carried this stipulation in regard to the Tehuantepec
route into effect by their treaty with Mexico of the 30th December, 1853.
The eighth article of this treaty, after granting to us the transit priv-
ileges therein mentioned, stipulates that "the Mexican Government hav-
ing agreed to protect with its whole power the pro.secution, preservation,
and security of the work, the United States may extend its protection as
it .shall judge wise, to use it when it may feel sanctioned and warranted
h\ the public or international law."

This is a sweeping grant of power to the United States, w'hich no
nation ought to have conceded, but which, it is Ijelieved, has l^en con-
fined within safe limits by our treat}' with Mexico now before the Senate.

James Biic/ianan 587

Such was believed to \ye the estabhshed pohcy of the Government at
the commencement of this Administration, viz, the grant of transits in
our favor and the guarantj' of our protection as an equivalent. This guar-
anty can never be dangerous under our form of government, because it
can never be carried into execution without the express authority of
Congress. Still, standing on the face of treaties, as it does, it deters all
evil-disposed parties from interfering with these routes.

Under such circumstances the attention of the Executive was early
turned to the Nicaragua route as in many respects the most important
and valuable to the citizens of our country. In concluding a treaty to
secure our rights of transit over this route I experienced many difficulties,
which I need not now enumerate, because they are detailed in different
messages to Congress. Finally a treaty was negotiated exactly in accord-
ance with the established policy of the Government and the views of
the Executive, and clear from the embarrassments which might arise
under the phraseology of previous treaties. The fourteenth article of the
treaty contains a full, clear, and specific grant of the right of transit to
the United States and their citizens, and is believed to be perfectly unex-
ceptionable. The fifteenth article, instead of leaving one equivalent duty
of protection, general and unlimited, as in our treaty with New Granada
and in the Clayton and Bulwer treaty, or instead of that general right
assured to the Gov-emment in the Mexican treaty of extending its pro-
tection as it shall itself judge wise, when it may feel sanctioned and
warranted by the public or international law, confines the interference
conceded within just and specific limits.

Under the sixteenth article of this treaty the Government of the
United States has no right to interpose for the protection of the Nica-
ragua route except with the consent or at the recjuest of the Government
of Nicaragua, or of the minister thereof at Washington, or of the com-
petent, legally appointed local authorities, civil or military; and when
in the opinion of the Government of Nicaragua the necessity ceases such
force shall l)e immediately withdrawn. Nothing can be more carefully
guarded than this provision. No force can l)e employed unless upon
the recjuest of the (xovernment of Nicaragua, and it must be immediately
withdrawn whenever in the ojiinion of that Government the nece.s.sity
cea.ses.

When Congress shall come to adopt the measures necessary to carry
this provision of the treaty into effect they cati guard it from any abuses
which may i>ossibly arise.

The general j)(>licy contained in these articles, although inaugurated
by the United States, has l)een fully adopted by the Governments of
(^.reat liritain and France. The ])kMii|)otentiaries of lx)th these Gov-
ernments have recently negotiated treaties with Nicaragua, which are
but tratiscripts of the treaty iK-tween the United States and Nicaragua
now l^efore the vSenate. Tlie treatv with I-'rance has l)een ratified, it is

588 Messages and Papers of the Presidents

understood, by both the French and Nicaraguan Governments, and is
now in operation. That with Great Britain has been delayed by other
negotiations in Nicaragua, but it is believed that these are now con-
cluded and that the ratifications of the British treaty will soon, there-
fore, be exchanged.

It is presumed that no objection will be made to "the exceptional
case" of the sixteenth article, which is only intended to provide for the
landing of sailors or marines from our vessels which maj^ happen to be
within reach of the point of difficulty, in order to protect the lives and
property of citizens of the United States from unforeseen and imminent
danger.

The same considerations may be suggested with respect to the fifth
article of the treaty with Mexico, which is also pending before the Sen-
ate. This article is an exact copy of the sixteenth article, just referred
to, of the treaty with Nicaragua.

The treat}" with Honduras, which is now submitted to the Senate, fol-
lows on this subject the language of the British treaty with that Repub-
lic, and is not, therefore, identical in its terms with the Nicaraguan and
Mexican treaties. The same policy, however, has been adopted in all
of them, and it will not fail, I am persuaded, to receive from the Senate
all that consideration which it so eminently deserves. The importance
to the United States of securing free and safe transit routes across the
American Isthmus can not well be overestimated. These routes are of
great interest, of course, to all commercial nations, but they are especially
so to us from our geographical and political position as an American
State and because they furnish a necessary communication between our
Atlantic and Pacific States and Territories.

The Government of the United States can never permit these routes to
be permanently interrupted, nor can it safel}^ allow them to pass under
the control of other rival nations. While it seeks no exclusive privileges
upon them for itself, it can never consent to be made tributarj' to their use
to any European power. It is worthy of consideration, however, whether
to some extent it would not necessarily^ become so if after Great Britain
and France have adopted our policy and made treaties with the Isthmian
Governments in pursuance of it we should ourselves reconsider it and
refuse to pursue it in the treaties of the United States. I might add that
the opening of these transit routes can not fail to extend the trade and
commerce of the United States with the countries through which they
pass; to afford an outlet and a market for our manufactures within their
territories; to encourage American citizens to develop their vast stores
of mining and mineral wealth for our benefit, and to introduce among
them a wholesome American influence calculated to prevent revolutions
and to render their governments stable.

JAMES BUCHANAN.

James Biicha)ian 589

Washington, April 10, i860.
To the House of Representatives:

I communicate herewith a report from the Secretary of State, in reply
to the resokition of the House of Representatives of the 6th instant,
respecting the expulsion of American citizens from Mexico and the
confiscation of their property by General Miramon.

JAMES BUCHANAN.

Washington, April 10, i860.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 23d of December, 1858, requesting information in regard to the duties
on tobacco in foreign countries, I transmit a report from the Secretary of
State and the documents by which it was accompanied.

JAMES BUCHANAN.

Washington, D. C, April 11, i860.
To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives of
March 26, i860, requesting me "to transmit to the House all informa-
tion in the possession of the officer in charge of the Coast Survey show-
ing the practicability of making Harlem River navigable for commercial
purposes, and the expenses thereof," I herewith transmit a report from
the Secretary of the Treasury containing the desired information.

JAMES BUCHANAN.

Washington, April 11, i860.
To the Senate of the United States:

In compliance with the resolution of the vSenate of the 2d Februar}-,
1859, requesting information in regard to the compulsory enlistment of
citizens of the United States in the army of Prussia, I transmit a rejxirt
from the Secretary of State and the documents by which it was accom-

P^"^^'^- JA.AUvS BUCHANAN.

W.VSIIINCiTON, .April I J, i860.
To the Senate of the United States:

In compliance with the resolution of tlie vScnate of the 2^1 of February
last, requesting information in regard to the occupation by Aujerican citi-
zens of the i.sland of Navassa, in the West Indies, I transmit a rcjKirt from
the Secretary of State and the documents by whicli it was accompanied.

JAMES BUCHANAN.

590 Messages and Papers of the Presidents

Washington, April 12, i860.
To t/ie House of Representatives:

I transmit herewith a report of the Secretary of War, with its accom-
paniments, communicating the information called for by the resolution
of the House of Representatives of the 2otli ultimo, respecting Indian
hostilities in New Mexico. ^^^^^ BUCHANAN.

WAvShinCxTon, April 16, i860.
To the Senate of t/ie United States:

In compliance with the resolution of the Senate of the .4th instant,
requesting information not heretofore called for relating to the claim of
any foreign governments to the military services of naturalized Amer-
ican citizens, I transmit a report from the Secretary of State and the
documents by which it was accompanied. tAMT^<^ BTTOHAVAM

Washington, D. C, April //, i860.
To t/ie Senate of the United States:

I transmit herewith, for the information of the Senate, the Paris Mon-
iteur of the 4th February last, the official journal of the French Govern-
ment, containing an imperial decree promulgating a treaty of friendship,
commerce, and navigation, concluded on the nth April, 1859, between
France and the Republic of Nicaragua. It will te found in all respects
similar to the treaty between the United States and Nicaragua now
pending in the Senate. ^^^^^ BUCHANAN.

Washington, April 20, i860.
To the House of Represeiitatives:

I transmit herewith a report of the Secretary of the Navy, to wdiom
w^as referred the resolution of the House of Representatives of April 10,
i860, requesting the President to communicate to the House, in addi-
tion to the information asked in the resolution adopted in reference to
the African slave trade, "the number of officers and men in the service
of the United States belonging to the African Squadron who have died
in that service since the date of the Ashburton treaty up to the present

^^"^^•" JAMES BUCHANAN.

Washington, April 20, i860.
To the House of Representatives:

In answer to the resolution of the House of Representatives ' ' that the
President be requested to communicate to the House, if not incompatible
with the public service, all such information as he may possess in rela-
tion to the existence " of the Territory of Minnesota, he has to state that

James Buchanan 591

he possesses no information upon the subject except what has been de-
rived from the acts of Congress and the proceedings of the House itself.
Since the date of the act of the nth of May, 1858, admitting a portion
of the Territory of Minnesota as a State into the Union, no act has been
performed by the Executive either affirming or denying the existence of
such Territory. The question in regard to that portion of the Territory
without the Hmits of the existing State remains for the decision of Con-
gress, and is in the same condition it was when the State was admitted
into the Union. ^^^^ BUCHANAN.

Washington, April 22, i860.
To the Senate of the United States:

I return to the Senate the original convention between the United
States and the Republic of New Granada, signed on the loth Septem-
ber, 1857, and ratified by me as amended by the Senate on the 12th
March, 1859.

The amendments of the Senate were immediately transmitted to New
Granada for acceptance, but they arrived at Bogota three days after the
adjournment of the Congress of that Republic, notwithstanding the ses-
sion had l)een protracted for twenty days solely with a view to the con-
sideration of the convention after it should have received the sanction of
this Government.

At the earliest moment after the assembling of the New Granadian
Congress, on the ist of February last, the convention as amended and
ratified was laid before that lx)dy, and on the 25th of the same month it
was approved with the amendments. Inasnuich, however, as the period
had expired within which by the third amendment of the Senate the
ratifications should have been exchanged, the Congress of New Granada
provided that "the convention should be ratified and the ratification
should be exchanged at whatever time the Governments of the two
Republics may deem convenient for the purjiose, and therefore the jx^riod
has been extended which the Senate of the United States had fixed."

The expediency of authorizing the exchange of ratifications at such
time as may l)e convenient to the two Governments is conseciucntly sul)-
mitted to the consideration of the Senate.

JAMKS BUCHANAN.

Washinc.Ton, .April Jj, /S60.
To the Senate of the I ^uited States:

In answer to the resolution of the vScnate of the iSth instant, rccjuest-
ing a copy of the instructions from the I)ci)artmeiU of vSiate to Mr.
McLane when apix)inted minister to China. I transmit a rc|K)rt from tlie
Secretary of State, with the instructions wliicli accompanied it.

JAMl-S lU'CHAXAN.

592 Messages and Papers of tJie Presidents

Washington, April 24, i860.
To the House of Representatives:

In compliance with the resolutions of the House of Representatives
of the 2d March, 1859, and of the 26th ultimo, requesting information
relative to discriminations in Switzerland against citizens of the United
States of the Hebrew persuasion, I transmit a report of the Secretary of
State, with the documents by which it was accompanied.

JAMES BUCHANAN.

Washington, April 25, i860.
To the Se7iate of the United States:

In compliance with a resolution of the Senate of the 2 2d ultimo, calling
for information concerning the expulsion from Prussia of Eugene Dullye,
a naturalized citizen of the United States, I transmit a report from the
Secretary of State, dated the 24th instant.

JAMES BUCHANAN.

Washington, April 27, i860.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
March 26, i860, requesting "copies of all official correspondence between
the civil and military officers stationed in Utah Territory with the heads
or bureaus of their respective Departments, or between any of said officers,
illustrating or tending to show the condition of affairs in said Territory
since the ist day of October, 1857, and which may not have been hereto-
fore officially published," I transmit reports from the Secretaries of State
and War and the documents by which they were accompanied.

JAMES BUCHANAN.

Washington, April jo, i860.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 2d of Febru-
ar>^ 1859, requesting information in regard to the compulsory service of
citizens of the United States in the army of Prussia, I transmit an addi-
tional report from the Secretary of State and the document by which it
is accompanied. ^hM&^ BUCHANAN.

To the Senate: Executive Mansion, May i, i860.

In compliance with the resolution of the Senate adopted March 19,
i860, calling for the correspondence, etc., in relation to the Mountain
Meadow and other massacres in Utah Territory, I have the honor to
transmit the report, wdth the accompanying documents, of the Secretary
of the Interior, who was instructed to collect the information.

JAMES BUCHANAN.

James Buchanan 593

Washington, May j, i860.
To the Se?iate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and Spain for the settle-
ment of claims, signed at Madrid on the 5th of March last.

JAMES BUCHANAN.

Washington, May /p, 1S60.
To the Seriate and House of Representatives:

On the 26th day of April last Lieutenant Craven, of the United States
steamer Mohawk, captured the slaver Wildfire on the coast of Cuba, with
507 African negroes on board. The prize was brought into Key West
on the 31st April and the negroes w'ere delivered into the custody of
Fernando J. Moreno, marshal of the southern district of Florida.

The question which now demands immediate decision is, What disposi-
tion shall be made of these Africans? In the annual message to Con-
gress of December 6, 1858, I expressed my opinion in regard to the
construction of the act of the 3d March, 1819, "in addition to the acts
prohibiting the slave trade," so far as the same is applicable to the pres-
ent case. From this I make the following extract:

Under the second section of this act the President is ' ' authorized to make such regu-
lations and arrangements as he may deem expedient for the safe-keeping, support,
and removal beyond the limits of the United States of all such negroes, mulattoes, or
persons of color" captured by ves.sels of the United States as ma)- be delivered to the
marshal of the district into which they are brought, "and to appoint a proper person
or jjersons residing upon the coast of Africa as agent or agents for receiving the
jiegroes, mulattoes, or persons of color delivered from on board vessels seized in the
prosecution of the slave trade by commanders of United States armed vessels."

A doubt immediately arose as to the true construction of this act. It is quite clear
from its tenns that the President was authorized to provide "for the safe-keeping,
support, and removal " of these negroes up till the time of their delivery to the agent
on the coast of Africa, but no express provision was made for their protection and
supi^ort after they had reached the place of their destination. Still, an agent was to
be appointed to receive them in Africa, and it could not have been supposed that
Congress intended he should desert them at the moment they were received and
tiu-n them lofj.se on that inhospitable coast to jK-rish for want of food or to Ix^come
again the victims of the .slave trade. Had this been the intention of Congress, the
employment of an agent to receive them, who is rcfiuired to reside on the coast, was
unnecessary, and they might have been landed by our ves.sels anywhere in .\frica
and left exposed to the sufferings and the fate which would certainly await them.

Mr. Monroe, in his .special message of DecemlK-r 17, 1S19, at the first session
after the act was pa.ssed, announced to Congress what in his opinion was its true
construction. He Ixrlieved it to be his duty under it to follow these unfortunates
into Africa and make provision for them there until they should Ik- able to provide
for themselves. In communicating this interpretation of the act to Congress he
stated that some doubt ha<l l)een entertained as to its true intent and meaning, an<l
he submitted the question to them so that they might, "should it be deemed advis-
able, amend the .same lx;fore further proceedings are had umkr it." Nothing was
M P— vol, V — 38

594 Messages and Papers of the Presidents

done by Congress to explain -the act, and Mr. Monroe proceeded to carry it into
execution according to his own interpretation. This, then, became the practical
construction.

Adopting thi.s construction of President Monroe, I entered into an
agreement with the Colonization Society, dated 7th September, 1858, to
receive the Africans which had been captured on the slaver Echo from
the agent of the United States in Liberia, to furni.sh them during the
period of one year thereafter with comfortable shelter, clothing, and pro-
visions, and to cause them to be instructed in the arts of civilized life
suitable to their condition, at the rate of $150 for each individual. It
was believed that within that period they would be prepared to become
citizens of Liberia and to take care of themselves.

As Congress was not then in session and as there was no outstand-
ing appropriation applicable to this purpose, the society were obliged to
depend for payment on the future action of that body. I recommended
this appropriation, and $75,000 were granted by the act of 3d March,
1859 (the consular and diplomatic bill), "to enable the President of the
United States to carry into effect the act of Congress of 3d March, 18 19,
and any subsequent acts now in force for the suppression of the slave
trade." Of this appropriation there remains unexpended the sum of
$24,350.90, after deducting from it an advance made by the Secretary
of the Interior out of the judiciary fund of $1 1,348. 10.

I regret to say that under the mode adopted in regard to the Africans
captured on board the Echo the expense will be large, but this seems
to a great extent to be inevitable without a violation of the laws of
humanity. The expenditure upon this scale for those captured on board
the Wildfire will not be less than $100,000, and ma}^ considerably exceed
that sum. Still, it ought to be observed that during the period when the
Government itself, through its own agents, undertook the task of provid-
ing for captured negroes in Africa the cost per head was much greater
than that which I agreed to pay the Colonization Society.

But it will not be sufficient for Congress to limit the amount appro-
priated to the case of the Wildfire. It is probable, judging from the
increased activity of the slave trade and the vigilance of our cruisers,
that several similar captures may be made before the end of the year.
An appropriation ought therefore to be granted large enough to cover
such contingencies.

The period has arrived when it is indispensable to provide some specific
legislation for the guidance of the Executive on this subject. With this
\iew I would suggest that Congress might authorize the President to enter
into a general agreement with the Colonization Society binding them to
receive on the coast of Africa, from an agent there, all the captured Afri-
cans which may be delivered to him, and to maintain them for a limited
period, upon such terms and conditions as may combine humanity toward
these unfortunates with a just economy. This would obviate the neces-

James Buchanan 595

sity of making a new bargain with e\-ery new capture and would prevent
delay and avoid expense in the disposition of the captured. The law
might then provide that in all cases where this may be practicable the
captor should carry the negroes directly to Africa and deliver them to
the American agent there, aftenvards bringing the captured vessel to the
United States for adjudication.

The capturing officer, in case he should bring his prize directly to the
United States, ought to be required to land the negroes in some one or
more ports, to be designated by Congress, where the prevailing health
throughout the year is good. At these ports cheap but permanent
accommodations might be provided for the negroes imtil they could be
sent away, without incurring the expense of erecting such accommoda-
tions at every port where the capturing officer ma\' think proper to enter.
On the present occasion these negroes have been brought to Kej' West ,
and, according to the estimate presented by the marshal of the southern
district of Florida to the Secretary of the Interior, the cost of providing
temporary' quarters for them will be $2,500 and the aggregate expenses
for the single month of j\Ia\' will amount to $12,000. But this is far
from being the worst evil. Within a few weeks the yellow fe\'er will
most probably prevail at Key West, and hence the marshal urges their
removal from their present quarters at an early day, which nuist l)e done,
in any event, as soon as practicable. For these reasons I earnestly com-
mend this subject to the immediate attention of Congress. I transmit
herewith a copy of the letter and estimate of Fernando J. Moreno, marshal
of the southern district of Florida, to the Secretary of the Interior, dated
loth May, i860, together with a copy of the letter of the Secretary of the
Interior to myself, dated i6tli May*.

It is truly lamentable that Oreat Britain and the United vStates should

be obliged to expend such a vast amount of blood and treasure for tlie

suppression of the African slave trade, and this when the only portions

of the civilized world where it is tolerated ar.d encouraged are the .S])anish

islands of Cuba and Porto Rico. t \ nn-e 1JT•/^LI \ x- \ x-

JAMhvS Bl CHANAN.

Washinctox, May jj, /S6(i.
Jo the Senate and House of Representatives:

I transmit herewith the copy of a letter, dated yesterday, from the
vSecretary of the Interior, comnnniicating the copy of a letter ad(hes>ed
to him on tlie 13th instant by Fernando J. Moreno, marshal of the south-
ern di.strict of Florida. I'rom this it ajijiears that Lieutenant Stanly, of
the United States .steamer Wyandotte, captured the bark W'illiani, with
about 550 African negroes on board, on tlie south side of Cuba, near the
I.sle of Pines, and brought her into Key West on the uth instant. These
negroes have doubtless l)een delivered to the marshal, and with those
captured on board the Wildfire will make the number in his cu.stodj'

596 Messages and Papers of the Presidents

about 1,000. More may be daily expected at Key West, which, both on
account of a deficiency of water and provisions and its exposure to yellow
fever, is one of the worst spots for an African negro depot which could
be found on the coast of the United States.

• JAMES BUCHANAN.

Washington, May 22, i860.
To the House of Representatives:

In answer to the resolution passed on the 26tli of March last, calling
for a detailed statement of the expenditures from the ' ' appropriations
made during the first session of the Thirty-fourth Congress and the first
and second sessions of the Thirty-fifth Congress for legal assistance and
other necessary expenditures in the disposal of private land claims in
California and for the service of special counsel and other extraordinarj^
expenses of such land claims, amounting in all to $114,000," I have
the honor to transmit to the House of Representatives a report of the
Attorney-General, which, with the accompanying documents, contains
the information required. ^^^^ BUCHANAN.

Washington, May 26, i860.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 2 1 St instant, requesting any information recently received respect-
ing the Chinese cooly trade which has not been heretofore communicated
to Congress, I transmit a report from the Secretary of State, with the
documents which accompanied it. JAMES BUCHANAN.

Washington, y?^//!? //, i860.
To the Senate of the United States:

I submit, for the consideration of the Senate, articles of agreement
and convention with the Delaware Indians, conchided May 13, i860. I
concur in the recommendation of the Secretary of the Interior that the
treaty should be ratified, with the amendments suggested by the Com-
missioner of Indian Affairs. ^K^.^ BUCHANAN.

To the Senate and House of Representatives. ^ ^3'

Gentlemen: I feel it my duty to communicate to you that it has been
found impracticable to conclude a contract for the transportation of the
mails between our Atlantic and Pacific ports on the terms authorized by
the fourth section of an act entitled "An act making appropriations for
the service of the Post-Office Department during the fiscal year ending

James Buchanan 597

3otli June, 1861," approved 15th June, i860. The Postmaster- General
has offered the California mails to the several companies and shipowners
engaged in the trade with the Pacific via the Isthmus, but they have all
declined carrying them for the postages. They demand a higher rate
of compensation, and unless power is given to the Postmaster- General
to accede to this demand I am well satisfied that these mails can not be
forwarded. It should not be forgotten that, in consequence of the diver-
sion of a large part of the letter mail to the overland route, the postages
derived from the California service have been greatly reduced and afford
a wholly inadequate remuneration for the ocean transjx)rtation. The
weight of these mails, averaging from 12 to 15 tons semimonthly, renders
it, in view of the climate and character of the road, manifestly impossible
to forward them overland without involving an expenditure which no
wise administration of the Government would impose upon the Treasury.
I therefore earnestly recommend that the act referred to be so modified
as to empower the Postmaster- General to provide for carrying the Cali-
fornia mails at a rate of compensation which may Ije deemed reasonable

^"^^ j"^^- JAMES BUCHANAN.

Washington, June ^5, 1S60.
To the House of Represeyitatives:

I have approved and signed the bill entitled "An act making appro-
priation for sundry civil expenses of the Government for the year ending
the 30th of June, 1861."

In notifying the House of my approval of this bill I deem it proper,
under the peculiar circumstances of the case, to make a few explanatory
obser\'ations, so that my course may not hereafter be misunderstood.

Amid a great variety of important appropriations, this bill contains
an appropriation "for the completion of the Washington Ac[ueduct,
$500,000, to be expended according to the plans and estimates of Cap-
tain Meigs and under his superintendence: Provided, That the office of
engineer of the Potomac Waterworks is herein' al)()lished and its duties
.shall hereafter 1)e discharged l)y the chief engineer of the Washington
Afiueduct." To this api)ropriation, for a wise and l)eneficial ()l)ject, 1
have not the least objection. It is true I had rea.son to believe when the
last api)ropriation was made of $800, cxx) on the 12th of June, 1S5S. "/iv
the completion of the Washini^ton Aqueduct ,'' this would have been sulli-
cieiit for the purjK:)se. It is now discovered, however, that it will rc(iuire
half a million UK^re '' for tlie completion of the Washington Aqueduct,'' and
this ought to lie granted.

The Captain Meigs to whom the bill refers is Montgomery C. Meigs,
a captain in tlie Corps of ICngineers of the Army of the I'liited States,
who has superintended this work from its commencement luuler the
authority of the late and present Secretary of War.

598 Messages and Papers of the Presidents

Had this appropriation been made in the usual form, no difl&cuhy
could have arisen upon it. This bill, however, annexes a declaration to
the appropriation that the money is to be expended under the superin-
tendence of Captain Meigs.

The first aspect in which this clause presented itself to my mind was
that it interfered with the right of the President to be "Commander in
Chief of the Army and Navy of the United States." If this had really
been the case, there would have been an end to the question. Upon
further examination I deemed it impossible that Congress could ha\-e
intended to interfere with the clear right of the President to command
the Army and to order its officers to any duty he might deem most ex-
pedient for the public interest. If they could withdraw an officer from
the command of the President and .select him for the performance of an
executive duty, they might upon the same principle annex to an appro-
priation to carry on a war a condition requiring it not to be used for the
defense of the country- unless a particular person of its own selection
should command the Arm 3-. It was impossible that Congress could have
had such an intention, and therefore, according to my construction of
the clau.se in question, it merely designated Captain Meigs as its prefer-
ence for the work, without intending to deprive the President of the power
to order him to any other army duty for the performance of which he
might consider him better adapted. Still, whilst this clause may not be,
and I believe is not, a violation of the Constitution, yet how destructive
it would be to all proper subordination and how demoralizing its effect
upon the morale of the Army if it should become a precedent for future
legislation! Officers might then be found, instead of performing their
appropriate duties, besieging the halls of Congress for the purpose of
obtaining special favors and choice places by legislative enactment.
Under these circumstances I have deemed it but fair to inform Congress
that wdiilst I do not consider the bill unconstitutional, this is only be-
cause, in my opinion. Congress did not intend b}- the language which
they have emploj'ed to interfere with ni}'^ absolute authority to order
Captain Meigs to any other service I might deem expedient. My per-
fect right still remains, notwithstanding the clause, to send him away
from Washington to anj^ part of the Union to superintend the erection
of a fortification or on any other appropriate duty.

It has been alleged, I think without sufficient cau.se, that this clause is
unconstitutional because it has created a new office and has appointed
Captain Meigs to perform its duties. If it had done this, it would have
been a clear question, because Congress have no right to appoint to any
office, this being specially conferred upon the President and Senate. It
is evident that Congress intended nothing more by this clause than to
express a decided opinion that Captain Meigs should be continued in the
emploj-ment to which he had been previously assigned b}^ competent
authority.

James Buchanan 599

It is not improbable that another question of grave importance may
arise out of this clause. Is the appropriation conditional and will it
fall provided I do not deem it proper that it shall be expended under
the superintendence of Captain Meigs? This is a question which shall
receive serious consideration, because upon its decision may depend
whether the completion of the ;vaterworks shall be arrested for another
season. It is not probable that Congress could have intended that this
great and important work should depend upon the various casualties
and vicissitudes incident to the natural or official life of a single officer
of the Army. This would be to make the work subordinate to the man,
and not the man to the work, and to reverse our great axiomatic rule of
" principles, not men." I desire to express no opinion upon the subject.
Should the question ever arise, it shall have my serious consideration.

JAMES BUCHANAN.

VETO ]MESSAGES.==-

\Vashix(;tox Citv. Inbyuary 7, 1S60.
To the Senate of the Imited States:

On the last day of the last Congress a bill, which had passed boch
Houses, entitled "An act making an appropriation for deepening the
channel over the St. Clair flats, in the vState of Michigan," was pre-
sented to me for approval.

It is scarcely necessary to obser\-e that during the closing hours of a
session it is impo.s.sible for the President on the instant to examine into
the merits or demerits of an important bill, involving, as this does, grave
questions Ixjth of expediency and of constitutional power, with that care
and deliljeration demanded bj' his public duty as well as by the best
interests of the country. For this reason the Con.stilution has in all
cases allowed him ten days for deliberation, l^ecau.se if a bill be pre-
sented to him within the last ten days of the session he is not recjuired
to return it, either with an approval or a veto, l)Ut nun' retain it, "in
which case it sliall not be a law." Whilst an occasion can rarely occur
wlien .so long a ])eri<)d as ten days would be recjuired U> enable the Presi-
dent to decide whether he should approve or veto a bill, yet to den>- him
even two days on imj^ortant questions bifore the a Ijournment of each
ses.sion for this jnirposc, as reconnnetided by a former amnial message,
would not only l)e unjust to liim, but a violation of ihe sjiirit of the Con-
.stitution. To require him to approve a bill wlitn it is impossil)le he
could examine into its merits v/ould be to deprivo him of the exercise
of his con.stitutional discretion and convert him i;Uo a mere register of

♦The messages of I''cl)r>iary i iiiid I'l-hniary '., iVo, aiv- [xKrUct vcttK-s.

6oo Messages and Papers of the Presidents

the decrees of Congress. I therefore deem it a sufficient reason for hav^-
ing retained the bill in question that it was not presented to nie until
the last day of the session.

Since the termination of the last Congress I have made a thorough
examination of the questions involved in the bill to deepen the channel
over the St. Clair flats, and now proceed to express the opinions which I
have formed upon the subject; and

I. Even if this had been a mere question of expediency, it was, to say
the least, extremely doubtful whether the bill ought to have been ap-
proved, because the object which Congress intended to accomplish by
the appropriation which it contains of $55,000 had been already substan-
tially accomplished. I do not mean to allege that the work had been
completed in the best manner, but it was sufhcient for all practical
purposes.

The St. Clair flats are formed by the St. Clair River, which empties
into the lake of that name by several mouths, and which forms a bar or
shoal ou which in its natural state there is not more than 6 or 7 feet of
water. This shoal is interposed between the mouth of the river and the
deep water of the lake, a distance of 6,000 feet, and in its natural condi-
tion was a serious obstruction to navigation. The obvious remedy for
this was to deepen a channel through these flats b}' dredging, so as to
enable vessels which could navigate the lake and the river to pass through
this intermediate channel. This object had been already accomplished
b}'^ previous appropriations, but without ni}' knowledge, when the bill
was presented to me. Captain Whipple, of the Topographical Engi-
neers, to whom the expenditure of the last appropriation of $45,000 for
this purpose in 1856 was intrusted, in his annual report of the ist Octo-
ber, 1858, stated that the dredging was discontinued on the 26th August,
1858, when a channel had been cut averaging 275 feet wide, with a depth
varying from 12 to I5}4 feet. He says:

So long as the lake retains its present height we may assume that the depth in the
channel will be at least 13^ feet.

With this result, highlj^ creditable to Captain Whipple, he observes that
if he has been correctly informed "all the lake navigators are gratified."
Besides, afterwards, and during the autumn of 1858, the Canadian Gov-
ernment expended $20,000 in deepening and widening the inner end of
the channel excavated b}^ the United States. No complaint had been
made previous to the passage of the bill of obstructions to the commerce
and navigation across the St. Clair flats. What, then, was the object of
the appropriation proposed by the bill?

It appears that the surface of the water in Eake St. Clair has been
gradually rising, until in 1858 it had attained an elevation of 4 feet above
what had been its level in 184 1. It is inferred, whether correctly or not
it is not for me to say, that the surface of the water may gradually sink
to the level of 1841, and in that event the water, which was, when the

Jatncs BiicJianan 6oi

bill passed, 13^ feet deep in the chauiiel, might sink to 9}^ feet, and
thus obstruct the passage.

To provide for this contingency, Captain Whipple suggested "the
propriety of placing the subject before Congress, with an estimate for
excavating a cut through the center of the new channel 150 feet in
wudtli and 45'2 feet deep, so as to obtain from the river to the lake a
depth of 18 feet during seasons of extreme high water and 12 feet at
periods of extreme low water." It was not alleged that any present
necessity existed for this narrower cut in the bottom of the present chan-
nel, but it is inferred that for the reason stated it may hereafter become
necessary. Captain Whipple's estimate amounted to $50,000, but Con-
gress by the bill have granted $55,000. Now, if no other objection
existed against this measure, it would not seem necessary that the appro-
priation should have been made for the purpose indicated. The channel
was sufficiently deep for all practical purposes; but from natural causes
constantly operating in the lake, which I need not explain, this channel
is peculiarly liable to fill up. What is really required is that it should
at intervals be dredged out, so as to preserve its present depth; and surely
the comparatively trifling expense necessarv' for this purpose ought not
to be borne by the United States. After an improvement has been once
constructed by appropriations from the Treasury it is not too much to
expect that it should l^e kept in repair by that portion of the commercial
and navigating interests which enjoys its peculiar Ijenefits.

The last report made by Captain Whipple, dated on the 13th Septem-
ber last, has been submitted to Congress by the Secretary of War, and
to this I would refer for information, which is, upon the whole, favora-
ble, in relation to the present condition of the channel through the St.
Clair flats.

2. But the far more important question is, Does Congress possess the
power under the Constitution to deepen the channels of rivers and to
create and improve harbors for purpo.ses of commerce?

The question of the con.stitutional power of Congress to construct
internal improvements within the States has been so freciuently and .so
elalx)rately discus.sed that it would seem useless on this occasion to repeat
or to refute at length arguments which have been so often adxaiiced.
For my own opinions on this .subject I might refer to President l\)lk's
carefully considered message of the 15th December, 1S47. addressed to
the House of Representatives whilst I was a member (;f his Cal)iiiet.

The power to pass the bill in question, if it exist at all, must be
derived from the power "to regulate conunerce with foreign nations and
among the several States and with the Indian tribes. ' '

The power "to regulate:" Does this ever embrace the ]x)\ver to create
or to construct? To .say that it does is to confound the meaning of words
of well-known signification. The word ' ' regulate ' ' lias several shades of
meaning, according to its application to different subjects, but never does

6o2 Messages and Papers of the Presidents

it approach the signification of creative power. The regulating power
necessarily presupposes the existence of something to be regulated. As
applied to commerce, it signifies, according to the lexicographers, "to
subject to rules or restrictions, as to regulate trade," etc. The Constitu-
tion itself is its own best expounder of the meaning of words employed
by its framers. Thus, Congress have the power "to coin money." This
is the creative power. Then immediately follows the power ' ' to regulate
the value thereof " — that is, of the coined money thus brought into exist-
ence. The words "regulate," "regulation," and "regulations" occur
several times in the Constitution, but always with this subordinate mean-
ing. Thus, after the creative power " to raise and support armies " and
"to provide and maintain a navy" had been conferred upon Congress,
then follows the power ' ' to make rules for the government and regula-
tion of the land and naval forces ' ' thus called into being. So the Con-
stitution, acting upon the self-evident fact that "commerce with foreign
nations and among the several States and with the Indian tribes ' ' already
existed, conferred upon Congress the power ' ' to regulate ' ' this connnerce.
Thus, according to Chief Justice Marshall, the power to regulate com-
merce "is the power to prescribe the rule by which commerce is to be
governed. ' ' And Mr. Madison, in his veto message of the 3d March, 1 8 1 7,
declares that —

"The power to regulate commerce among the several States" can not inchide a
power to construct roads and canals and to improve the navigation of water courses,
in order to facilitate, promote, and secure such commerce, without a latitude of con-
struction departing from the ordinary import of the terms, strengthened by the
known inconveniences which doubtless led to the grant of this remedial power to
Congress.

We know from the history of the Constitution what these inconven-
iences were. Different States admitted foreign imports at different rates
of duty. Those which had prescribed a higher rate of duty for the pur-
pose of increasing their revenue were defeated in this object by the legis-
lation of neighboring States admitting the same foreign articles at lower
rates. Hence jealousies and dangerous rivalries had spnnig up between
the different States. It was chiefly in the desire to provide a remedy
for these evils that the Federal Convention originated. The Constitu-
tion, for this purpo.se, conferred upon Congress the powder to regulate
commerce in «uch a manner that duties .should be uniform in all the
States compo.sing the Confederacy, and, moreover, expressly provided
that ' ' no preference shall be given by any regulation of commerce or
revenue to the ports of one State over those of another. ' ' If the con-
struction of a harbor or deepening the channel of a river be a regulation
of commerce, as the advocates of this power contend, this would give
the ports of the State within which these improvements were made a
preference over the ports of other States, and thus be a violation of the
Constitution.

James Buchanan 603

It is not too much to assert that 110 human being in existence when
the Constitution was framed entertained the idea or the apprehension
that by conferring upon Congress the power to regulate commerce its
framers intended to embrace the power of constructing roads and canals
and of creating and improving harbors and deepening the channels of
rivers throughout our extensive Confederacy. Indeed, one important
branch of this very power had been denied to CongrevSS in express terms
by the Convention. A projx)sition was made in the Convention to con-
fer on Congress the power ' ' to provide for the cutting of canals when
deemed necessary." This was rejected by the strong majority of eight
States to three. Among the reasons given for this rejection was that
' ' the expense in such cases will fall on the United States and the benefits
accrue to the places where the canals may be cut."

To say that the simple power of regulating commerce embraces within
itself that of constructing harbors, of deepening the channels of rivers —
i:i short, of creating a system of internal improvements for the purpose
of facilitating the operations of commerce — would be to adopt a latitude
of construction under which all political power might be usurped by the
Federal Government. Such a construction would be in conflict with the
well-known jealousy against Federal power which actuated the framers
of the Constitution. It is certain that the power in question is not enu-
merated among the express grants to Congress contained in the instru-
ment. In construing the Constitution we must then next inquire, Is its
exercise "necessary and proper"? — not whether it may be convenient
or useful ' ' for carrying into execution ' ' the power to regulate commerce
among the States. But the jealous patriots of that day were not content
even with this strict rule of construction. Apprehending that a danger-
ous latitude of interpretation might be applied in future times to the
enumerated grants of ]X)wer, they procured an amendment to be made to
the original instrument, which declares that "the powers not delegated
to the United States by the Constitution nor prohibited by it to the
States are reserved to the vStates respectively or to the people."

The distinctive spirit and character which pervades the Constitution
is that the powers of the General Government are confined chiefly to
our intercourse with foreign nations, to questions of peace and war, and
to sul)jects of common interest to all the States, carefully leaving the
internal and domestic concerns of each individual vState to be controlled
l)y its own jx^ople and legislature. Without siK-cifically enumerating
these ix)wcrs, it must be admitted that this well-marked distinction runs
through the whole in.strument. In nothing docs the wisdom of its fram-
ers appear more conspicuously than in the care with which they sought
to avoid the danger to our institutions which nuisl necessarily result
from the interference of the Federal Government with the local concerns
of the States. The jarring and collision which would occur from the
exercise by two separate governments of jurisdiction over the same

6o4 Messages and Papers of the I residents

subjects could not fail to produce disastrous consequences. Besides, the
corrupting and seducing money influence exerted by the General Gov-
ernment in carrying into effect a system of internal improvements might
be perverted to increase and consolidate its own power to the detriment
of the rights of the States.

If the power existed in Congress to pass the present bill, then taxes
must be imposed and monej' borrowed to an unlimited extent to carry
such a system into execution. Equality among the States is equity.
This equality is the ver>' essence of the Constitution. No preference can
justly be given to one of the sovereign States over another. Accord-
ing to the best estimate, our immense coast on the Atlantic, the Gulf of
Mexico, the Pacific, and the lyakes embraces more than 9,500 miles, and,
measuring by its indentations and to the head of tide water on the rivers,
the distance is believed to be more than 33,000 miles. This everywhere
throughout its vast extent contains numerous rivers and harbors, all
of which ma}' become the objects of Congressional appropriation. You
can not deny to one State what you have granted to another. Such in-
justice would produce strife, jealousy, and alarming dissensions among
them. Even within the same State improvements may be made in one
river or harbor which would essentially injure the commerce and indus-
try of another river or harbor. The truth is that most of these improve-
ments are in a great degree local in their character and for the especial
benefit of corporations or individuals in their vicinity' , though they \\\a.y
have an odor of nationalitj^ on the principle that whatever benefits any
part indirectly benefits the whole.

From our past histors' we maj^ ha-ve a small foretaste of the cost of
reviving the system of internal improvements.

For more than thirt}- years after the adoption of the Federal Consti-
tution the power to appropriate money for the constructioti of internal
improvements was neither claimed nor exercised b}' Congress. After its
commencement, in 1820 and 182 1, b}- very small and modest appropria-
tions for sm-veys, it advanced with such rapid strides that within the
brief period of ten years, according to President Polk, "the sum asked
for from the Treasurj^ for various projects amounted to more than
$200,000,000." The vetoes of General Jackson and several of his suc-
cessors have impeded the progress of the system and limited its extent,
but have not altogether destroyed it. The time has now arrived for
a final decision of the question. . If the power exists, a general sy.stem
should be adopted w^hich would make some approach to justice among
all the States, if this be possible.

What a vast field would the exercise of this power open for jobbing
and corruption! Members of Congress, from an honest desire to pro-
mote the interest of their constituents, \vould struggle for improvements
within their own districts, and the body itself must necessarily be con-
verted into an arena where each would endeavor to obtain from the

James Buchanan 605

Treasury' as much money as possible for his own locaHty. The temp-
tation would prove irresistible. A system of ''logrolling'' (I know no
word so expressive) would be inaugurated, under which the Treasury
would be exhausted and the Federal Government be deprived of the
means necessary to execute those great powers clearly confided to it by
the Constitution for the purpose of promoting the interests and vindi-
cating the honor of the country.

Whilst the power over internal improvements, it is believed, was
"reser\'ed to the States respectively,'' the framers of the Constitution
were not unmindful that it might be proper for the State legislatures to
possess the power to impose tonnage duties for the improvement of riv-
ers and harbors within their limits. The self-interest of the different
localities would prevent this from being done to such an extent as to
injure their trade. The Constitution, therefore, which had in a previ-
ous clause pro\nded that all duties should be uniform throughout the
United States, subsequently modified the general rule so far as to declare
that ' ' no State shall without the consent of Congress levy any duty of
tonnage." The inference is therefore irresistible that with the consent
of Congress such a duty may be imposed by the States. Thus those
directly interested in the improvement may lay a toimage duty for its
construction without imposing a tax for this purpose upon all the people
of the United States.

To this provision several of the States resorted until the period when
they Ijegan to look to the Federal Treasury instead of depending upon
their own exertions. Massachusetts, Rhode Island, Pennsylvania, Mary-
land, Virginia, North Carolina, South Carolina, and Georgia, with the
consent of Congress, imposed small tonnage duties on vessels at different
periods for clearing and deepening the channels (^f rivers and improving
harbors where such vessels entered. The last of these legislative acts
believed to exist is that of Virginia, pas.sed on the 22d February, 1826,
levying a tonnage duty on vessels for "improving the navigation of
James River from Warwick to Rocketts Landing." Tlie latest act of
Congress on this .subject was passed on the 24th of February, 1S43, giv-
ing its consent to the law of the legislature of Maryland laying a ton-
nage duty on ves.sels for the improvement of the harbor of Baltimore,
and continuing it in force until ist June, 1850.

Thus a clear constitutional mode exi.sts by whicli the legislature of
Michigan may, in its discretion, raise money to preserve the chainiel
of the St. Clair River at its present depth or to render it dcc|X'r. .\ very
insignificant tonnage duty on American vessels using this channel would
be sufficient for the purpose; and as the vSt. Clair River is the Ixiundary
line l)etween the United vStates and the Province of rpj)cr Canada, the
provincial British authorities would doubtless Ix; willing to inqxise a
similar tonnage duty on British vessels to aid in the accom]>lishmetit of
this object. Indeed, the legi.slature of that Province have already evinced

6o6 Alessages and Papers of the Presidents

their interest on this subject by having but recently expended $20,000
on the improvement of the St. Clair flats. Even if the Constitution of
the United States had conferred upon Congress the power of deepening
the channel of the St. Clair River, it would be unjust to impose upon the
people of the United States the entire burden, which ought to be borne
jointly by the two parties having an equal interest in the work. When-
ever the State of Michigan shall cease to depend on the Treasury of the
United States, I doubt not that she, in conjunction with Upper Canada,
will provide the necessary means for keeping this work in repair in the
least expensive and most effective manner and without being burdensome
to any interest.

It has been contended in favor of the existence of the power to con-
struct internal improvements that Congress have from the beginning
made appropriations for light-houses, and that upon the same principle
of construction they possess the power of improving harbors and deep-
ening the channels of rivers. As an original question the authority
to erect light-houses under the commercial power might be considered
doubtful; but even were it more doubtful than it is I should regard it
as settled after an uninterrupted exercise of the power for seventy years.
Such a long and uniform practical construction of the Constitution is
entitled to the highest respect, and has finally determined the question.

Among the first acts which passed Congress after the Federal Govern-
ment went into effect w^as that of August 7, 1789, providing "for the
establishment and support of light-houses, beacons, buoys, and public
piers." Under this act the expenses for the maintenance of all such
erections then in existence were to be paid by the Federal Government
and provision was made for the cession of jurisdiction over them by the
respective States to the United States. In every case since before a
light-house could be built a previous ces.sion of jurisdiction has been
required. This practice doubtless originated from that clause of the
Constitution authorizing Congress ' ' to exercise exclusive legislation
* * * over all places purchased by the consent of the legislature
of the State in which the same shall be, for the erection of forts, maga-
zines, arsenals, dockyards, and other needful buildings. ' ' Among these
' ' needfid buildings' ' light-houses must in fact have been included.

The bare statement of these facts is sufficient to prove that no analogy
exists between the power to erect a light-house as a " needful building ' '
and that to deepen the channel of a river.

In what I have said I do not mean to intimate a doubt of the power of
Congress to construct such internal improvements as may be essentially
necessary for defen.se and protection against the invasion of a foreign
enemy. The power to declare war and the obligation to protect each
State against invasion clearly cover such cases. It will scarcely be
claimed, however, that the improvement of the St. Clair River is within
this category. This river is the boundary line between the United States

James Buchanan 607

and the British Province of Upper Canada. Any improvement of its
navigation, therefore, which we could make for purposes of war w^ould
equally inure to the benefit of Great Britain, the only eneiu}- which could
possibly confront us in that quarter. War would be a sad calamity for
lx)th nations, but should it ever, unhappily, exist, the battles will not be
fought on the St. Clair River or on the lakes with which it communicates.

JAMEvS BUCHANAN.

WAvSHINGTOn, February 6, tS6o.
To the Senate of the United States:

On the last day of the la.st session of Congress a resolution, which had
passed both Houses, ' ' in relation to removal of obstructions to navigation
in the mouth of the Mississippi River " was presented to me for approval.
I have retained this resolution l:)ecause it was presented to me at a period
when it was impossible to give the subject that examination to which it
appeared to be entitled. I need not repeat the views on this point pre-
sented in the introductory portion of my message to the Senate of the 2d
[ist] instant.

In addition I would merely obser\'e that although at different periods
sums, amounting in the aggregate to $690,000, have been appropriated
b}' Congress for the purpose of removing the bar and obstructions at the
mouth of the Mississippi, yet it is now acknowledged that this money has
been expended with but little, if any, practical IxMiefit to its navigation.

JAMES BXXHANAN.

Washixc.tox, April ly, 1S60.
To the Senate of the ( 'nited States:

I return with my objections to the Senate, for their reconsideration,
the bill entitled "An act for the relief of Arthur ICdwards and his asso-
ciates," presented to me on the loth instant.

This bill directs the Postmaster- General "to audit and settle the ac-
counts of Arthur ICdwards and his associates for transporting the I'nited
States througli mail on tlieir steamers during Ihc >ears 1S49 and 1S33
and intervening years" l)etween Cleveland and Detroit, l)etween vSan-
dusky and Detroit, and between Toledo and Detroit, and "to allow and
pay them not less than $28.60 for each and every passage of said steam-
ers l)etween said places during the aforementioned time when the- mails
were on l)oard."

I have caused a statement to l>e made at the Post-Oflice Department
of the least sum which can Ihj ])aid to Mr. I-ldwards and his associates
under the bill .should it become a law, and from this it appears the
amount will be $<S(),4()5.23.

Mr. lulwards and his as,sociates, in 1S54, a short time after the allegt-d
services had been rendered, presented a claim to the Postmaster-General

6o8 Messages and Papers of the Presidents

for $25, 180 as compensation for these services. This claim consisted of
nine items, setting forth specifically all the services embraced by the
present bill. It is fair to presume that the parties best knew the value
of their own services and that they would not by an underestimate do
themselves injustice. The whole claim of $25,180 was rejected by the
Postmaster- General for reasons which it is no part of my present purpose
to discuss.

The claimants next presented a petition to the Court of Claims in June,
1855, ' ' for a reasonable compensation ' ' for these services, and ' ' pray the
judgment of your honorable court for the actual value of the service
rendered by them and received by the United States, which amounts to
the sum of $50,000." Thus the estimate which they placed upon their
services had nearly doubled between 1854 and 1855 — ^'s^^ risen from

$25,180 to $50,000. On the , after a full hearing, the court

decided against the claim, and delivered an opinion in support of this
decision which can not, I think, be contested on legal principles. But
they state in the conclusion of the opinion that ' ' for any compensation
for their services beyond what they have received they must depend upon
the discretion of Congress."

This decision of the Court of Claims was reported to Congress on the
ist of April, 1858, and from it the present bill has originated. The
amount granted by it is more by upward of $55,000 than the parties
themselves demanded from the Postmaster-General in 1854, and is more
by upward of $30,000 than they demanded when before the Court of
Claims. The enormous difference in their favor between their own orig-
inal demand and the amount granted by the present bill constitutes my
chief objection to it. In presenting this objection I do not propose to
enter into the question whether the claimants are entitled in equity to any
compensation for their services beyond that which it is alleged they have
already received, or, if so, what would be " a reasonable and fair com-
pensation." My sole purpose is to afford Congress an opportunity of
reconsidering this case on account of its peculiar circumstances. I trans-
mit to the Senate the reports of Horatio King, Acting Postmaster- Gen-
eral, and of A. N. Zevely, Third Assistant Postmaster-General, laoth dated
on the 14th of April, i860, on the subject of this claim.

JAMES BUCHANAN.

Washington, Jime 22, i860.
To the Senate of the United States:

I return with my objections to the Senate, in which it originated, the
bill entitled "An act to secure homesteads to actual settlers on the public
domain, and for other purposes," presented to me on the 20th instant.

This bill gives to every citizen of the United States ' ' who is the head
of a family," and to every person of foreign birth residing in the country

James Buchanan 609

who has declared his intention to become a citizen, though he may not
be the head of a family, the privilege of appropriating to himself 160
acres of Government land, of settling and residing upon it for five years;
and should his residence continue until the end of this period, he shall
then receive a patent on the payment of 25 cents per acre, or one-fifth of
the present Government price. During this period the land is protected
from all the debts of the settler.

This bill also contains a cession to the States of all the public lands
within their respective limits ' ' which have been subject to sale at private
entry, and which remain unsold after the lapse of thirty years. ' ' This
provision embraces a present donation to the States of 12,229,731 acres,
and will from time to time transfer to them large bodies of such lands
which from peculiar circumstances may not be absorbed b}^ private pur-
chase and settlement.

To the actual settler this bill does not make an absolute donation,
but the price is so small that it can scarcely be called a sale. It is nom-
inally 25 cents per acre, but considering this is not to be paid until the
end of five years, it is in fact reduced to about 18 cents per acre, or one-
seventh of the present minimum price of the public lands. In regard to
the States, it is an absolute and unqualified gift.

I . This state of the facts raises the question whether Congress, under
the Constitution, has the power to give away the public lands either to
States or individuals. On this question I expressed a decided opinion
in my message to the House of Representatives of the 24th February,
1859, returning the agricultural-college bill. This opinion remains mi-
changed. The argument then used applies as a constitutional objection
with greater force to the present bill, lyierc it had the plea of consid-
eration, growing out of a specific beneficial purpose; here it is an absolute
gratuity to the States, without the pretext of consideration. I am com-
pelled for want of time in these the last hours of the session to quote
largely from this message.

I presume the general proposition will he admitted that Congress does
not ix)s.sess the jwwer to make donations of money already in the Treas-
ury, raised by taxes on the people, either to States or individuals.

Hut it is contended that the public lands are placed upon a different footinj^ from
money raised by taxation and that the proceeds arisinj^ from their side are not sub-
ject to the limitations of the Constitution, but may be appropriated or given away
by Con^jress, at its own discretion, to States, corporations, or individuals for any
purpose they may deem expedient.

The a«lvocates of this bill attempt to sustain their jiosition upon the lanj^uaj^e of
the second clause of the third section of the fourth article of the Constitution, which
declares that "the Conjjress shall have ]X)wer to disp<ise of and make all needful
ndes and rejjidations resjK-ctinj^ the territory or other property belonjj^inj^ to the
T'nited States." They contend that by a fair interpretation of the words " dispose
of" in this clau.se Confess jjossesses the iK)wer to make this j^dft of pul)lic lands to
the States for puqx)ses of education.

It would retjuire clear and strong evidence to intluce the iK-lief that the framers of
M P — vol, v — 39

6io Messages and Papers of the Presidents

the Constitution, after having limited the powers of Congress to certain precise and
specific objects, intended by employing the words "dispose of" to give that body
unlimited power over the vast public domain. It would be a strange anomaly indeed
to have created two funds — the one by taxation, confined to the execution of the enu-
merated powers delegated to Congress, and the other from the public lands, applica-
ble to all subjects, foreign and domestic, which Congress might designate; that this
fund should be ' ' disposed of, ' ' not to pay the debts of the United States, nor ' ' to
raise and support armies," nor "to provide and maintain a navy," nor to accomplish
an}' one of the other great objects enumerated in the Constitution, but be diverted
from them to pay the debts of the States, to educate their people, and to carry into
effect any other measure of their domestic policy. This would be to confer upon
Congress a vast and irresponsible authority utterly at war with the well-known
jealousy of Federal power which prevailed at the formation of the Constitution.
The natural intendment would be that as the Constitution confined Congress to
well-defined specific powers, the funds placed at their command, whether in land
or money, should be appropriated to the performance of the duties corresponding
with these powers. If not, a Government has been created with all its other powers
carefully limited, but without any limitation in respect to the public lands.

But I can not so read the words ' ' dispose of " as to make them embrace the idea of
' ' giving away. ' ' The true meaning of words is always to be ascertained by the subject
to which they are applied and the known general intent of the lawgiver. Congress
is a trustee under the Constitution for the people of the United States to ' ' dispo.se
of" their public lands, and I think I may venture to assert with confidence that no
case can be found in which a trustee in the position of Congress has been author-
ized to ''dispose of" property by its owner where it has been held that these words
authorized such trustee to give away the fund intrusted to his care. No tru.stee,
when called upon to account for the disposition of the property placed inider his
management before any judicial tribunal, would venture to present such a jilea in
his defense. The true meaning of these words is clearly stated by Chief Ju.stice Taney
in delivering the opinion of the court ( 19 Howard, p. 436). He says in reference to
this clause of the Constitution: " It begins its enumeration of powers by that of dis-
posing; in other words, making sale of the lands or raising money from them, which,
as we have alreadj- said, was the main object of the cession (from the States), and
which is the first thing provided for in the article." It is unnecessary to refer to
the history of the times to establish the known fact that this statement of the Chief
Justice is perfectly well founded. That it never was intended by the framers of the
Constitution that these lands should be given away by Congress is manifest from
the concluding portion of the same clause. By it Congress has power not only "to
dispose of" the territory, but of the "other property of the United States." In the
language of the Chief Justice (p. 437) : "And the same power of making needful rules
respecting the territory is in precisely the same language applied to the other prop-
erty of the United States, associating the power over the territory in this respect
with the power over movable or personal property; that is, the ships, arms, or nmni-
tions of war, which then belonged in common to the State sovereignties. ' '

The question is still clearer in regard to the public lands in the States and Terri-
tories within the Louisiana and Florida purchases. These lands were paid for out
of the public Treasury from money raised by taxation. Now if Congress had no
power to appropriate the mone}- with which these lands were purchased, is it not
clear that the power over the lands is equall}- limited? The mere conversion of this
money into land could not confer upon Congress new power over the disposition of land
which th-^y had not possessed over money. If it could, then a trustee, h\ changing
the character of the fund intrusted to his care for special objects from money into
land, might give the land away or devote it to any purpose he thought proper, how-
ever foreign from the trust. The inference is irresistible that this land partakes of

James Buchanan 6ii

the very same character with the money paid for it, and can be devoted to no objects
different from those to which the money could have been devoted. If this were not
the case, then by the purchase of a new territory from a foreign government out
of the public Treasury Congress could enlarge their own powers and appropriate the
proceeds of the sales of the land thus purchased, at their own discretion, to other
and far different objects from what they could have applied the pvu-chase money
which had been raised by taxation.

2. It will prove unequal and unjust in its operation among the acttial
settlers themselves.

The first settlers of a new country are a most meritorious class. They
brave the dangers of savage warfare, suffer the privations of a frontier
life, and with the hand of toil bring the wilderness into cultivation.
The "old settlers," as they are everywhere called, are public benefac-
tors. This class have all paid for their lands the Government price, or
$1.25 per acre. They have constructed roads, established schools, and
laid the foundation of prosperous commonwealths. Is it just, is it equal,
that after they have accomplished all this by their labor new settlers
should come in among them and receive their farms at the price of 25 or
18 cents per acre? Surely the old settlers, as a class, are entitled to at
least equal benefits with the new. If joti give the new settlers their
land for a comparatively nominal price, upon ever\- principle of equality
and justice you will be obliged to refund out of the common Treasury the
difference which the old have paid above the new settlers for their land.

3. This bill will do great injustice to the old vSoldiers who have received
land warrants for their services in fighting the l^attles of their country.
It will greatly reduce the market value of these warrants. Already their
value has sunk for 160-acre warrants to 67 cents j)er acre inider an
apprehension that such a measure as this might become a law. What
])rice would they connnand when any head of a family may take posses-
.sion of a quarter .section of land and not pay for it until the end of five
years, and then at the rate of onl}^ 25 cents j^r acre? The magnitude of
the interest to l>e affected will appear in the fact that there are outstand-
ing misati.sfied land warrants reaching back to the last war with Great
liritain, and even Revolutionary times, amounting in round numbers to
seven and a half millions of acres.

4. This l)ill will prove unequal and iniju.st in its o])eration, l)ecan.se
from its nature it is confined to one class of our i>eople. It is a lHK)n
exclu.sively conferred u|K)n the cultivators of the soil. Whilst it is cheer-
fully admitted that these are the most numerous and useful class of our
fellow-citizens and eminently deserve all the advantages which our laws
have already extended to them, yet there should be no new legislation
which would operate to the injury or embarrassment of the large Ixxly
of respectable arti.sans and lalx)rers. The mechanic who einigrales to
the West and ]nirsues his calling nnist lalH)r long l)eforc' lie can ])urchase
a (|uarter section of land, whilst the tiller of the soil who accoin])auies
him obtains a farm at once by the lx)unty of the Goveruuient. The

6i2 Messages and Papers of the Presidents

luimeroiis bod}- of mechanics in our large cities can not, even by emi-
grating to the West, take advantage of the provisions of this bill with-
out entering upon a new occupation for which their habits of life have
rendered them unfit.

5. This bill is unjust to the old States of the Union in man}- respects;
and amongst these States, so far as the public lands are concerned, we
may enumerate every State east of the Mississippi with the exception of
Wisconsin and a portion of Minnesota.

It is a common belief within their limits that the older States of the
Confederacy do not derive their proportionate benefit from the pul)lic
lands. This is not a just opinion. It is doubtful whether they could
be rendered more beneficial to these States under any other system than
that which at present exists. Their proceeds go into the common Treas-
ury to accomplish the objects of the Government, and in this manner all
the States are benefited in just proportion. But to give this common
inheritance away would deprive the old States of their just proportion of
this revenue without holding out any the least corresponding advan-
tage. Whilst it is our common glory that the new States have become
so prosperous and populous, there is no good reason why the old States
should offer premiums to their own citizens to emigrate from them to
the West. That land of promise presents in itself sufficient allurements
to our young and enterprising citizens without any adventitious aid.
The offer of free farms would probably have a powerful effect in encourag-
ing emigration, especially from States like Illinois, Tennessee, and Ken-
tuck}^ to the west of the Mississippi, and could not fail to reduce the
price of propert}' within their limits. An individual in States thus sit-
uated would not pay its fair value for land when by crossing the Missis-
sippi he could go upon the public lands and obtain a farm almost without
money and without price.

6. This bill will open one vast field for speculation. Men will not pay
$1.25 for lands when they can purchase them for one-fifth of that price.
Large numbers of actual settlers will be carried out by capitalists upon
agreements to give them half of the land for the improvement of the
other half. This can not be avoided. Secret agreements of this kind
will be numerous. In the entrj^ of graduated lands the experience of
the Land Office justifies this objection.

7. We ought ever to maintain the most perfect equality between native
and naturalized citizens. They are equal, and ought always to remain
equal, before the laws. Our laws welcome foreigners to our shores, and
their rights will ever be respected. Whilst these are the sentiments on
which I have acted through life, it is not, in my opinion, expedient to
proclaim to all the nations of the earth that whoever shall arrive in this
country from a foreign shore and declare his intention to become a citi-
zen shall receive a farm of 160 acres at a cost of 25 or 20 cents per acre
if he will only reside on it and cultivate it. The invitation extends to

James Buchanan 613

all, and if this bill becomes a law we may have numerous actual settlers
from China and other Eastern nations enjoying its benefits on the great
Pacific Slope. The bill makes a distinction in favor of such persons over
native and naturalized citizens. When applied to such citizens, it is con-
fined to such as are the heads of families, but when applicable to persons
of foreign birth recently arrived on our shores there is no such restric-
tion. Such persons need not be the heads of families provided they
have filed a declaration of intention to become citizens. Perhaps this
distinction was an inadvertence, but it is, nevertheless, a part of the bill.

8. The bill creates an unjust distinction between persons claiming the
benefit of the preemption laws. Whilst it reduces the price of the land
to existing preemptors to 62 }^ cents per acre and gives them a credit on
this sum for two ^^ears from the present date, no matter how long they
may have hitherto enjoyed the land, future preemptors will be compelled
to pay double this price per acre. There is no reason or justice in this
discrimination.

9. The effect of this bill on the public revenue must be apparent to all.
Should it become a law, the reduction of the price of land to actual set-
tlers to 25 cents per acre, with a credit of five years, and the reduction
of its price to existing preemptors to 62^ cents per acre, with a credit of
two years, will so diminish the sale of other public lands as to render the
expectation of future revenue from that source, beyond the expenses of
survey and management, illusory. The Secretary of the Interior estimated
the revenue from the public lands for the next fiscal year at ^4,000,000,
on the presumption that the present land sj'stem would remain unchanged.
Should this bill become a law, he does not believe that $1,000,000 will
be derived from this source.

10. This bill lays the ax at the root of our present admirable land sys-
tem. The pul)lic land is an inheritance of vast value to us and to our
descendants. It is a resource to which we can resort in the hour of dif-
ficulty and danger. It has been managed heretofore with the greatest
wisdom under existing laws. In this management the rights of actual
.settlers have l^een conciliated with the interests of the Government. The
price to all has l)een reduced from $2 per acre to $1.25 for fresh lands,
and the claims of actual settlers have been secured by our {ireeniption
laws. Any man can now acquire a title in fee simple to a homestead
of 80 acres, at the mininunn ])rice of $1.25 per acre, for $icxi. Should
the present .system remain, we .shall derive a revenue from the pubhc
lands of $10,000,000 per annum, when the bounty land w.uranls nre
satisfied, without oppression to an}- human being. In time of war, wIkii
all other .sources of revenue are .seriously impaired, this will remain intact.
It may liecome the best security for public loans hereafter, in times of
difficulty and danger, as it has been heretofore. Why should we impair
or destroy the system at the present moment? What necessity e.xists
for it?

6i4 Messages and Papers of the Presidents

The people of the United States have advanced with steady but rapid
strides to their present condition of power and prosperity. They have
been guided in their progress by the fixed principle of protecting the
equal rights of all, whether they be rich or poor. No agrarian sentiment
has ever prevailed among them. The honest poor man, by frugality and
industry, can in any part of our country acquire a competence for himself
and his family, and in doing this he feels that he eats the bread of inde-
pendence. He desires no charity, either from the Government or from
his neighbors. This bill, which proposes to give him land at an almost
nominal price out of the property of the Government, will go far to
demoralize the people and repress this noble spirit of independence. It
may introduce among us those pernicious social theories which have
proved so disastrous in other countries.

JAMES BUCHANAN.

PROTESTS.

Washington, March 28, i860.
To the House of Representatives:

After a delay which has afforded me ample time for reflection, and
after much and careful deliberation, I find myself constrained by an im-
perious sense of duty, as a coordinate branch of the Federal Govenmient,
to protest against the first two clauses of the first resolution adopted by
the House of Representatives on the 5th instant, and published in the
Congressional Globe on the succeeding day. These clauses are in the fol-
lowing words:

Resolved, That a committee of five members be appointed by the Speaker for
the purpose, first, of investigating whether the President of the United vStates or any
other officer of the Government has, by money, patronage, or other improper means,
sought to influence the action of Congress or any committee thereof for or against
the passage of any law appertaining to the rights of any State or Territory; and,
second, also to inquire into and investigate whether any officer or officers of the
Government have, by combination or otherwise, prevented or defeated, or attempted
to prevent or defeat, the execution of any law or laws now upon the statute 1)ook,
and whether the President has failed or refused to compel the execution of any law
thereof.

I confine myself exclusively to these two branches of the resolution,
because the portions of it which follow relate to alleged abuses in post-
offices, navy-yards, public buildings, and other public works of the United
States. In such cases inquiries are highly proper in themselves and
belong equally to the Senate and the House, as incident to their legisla-
tive duties and being necessary to enable them to discover and to pro-
vide the appropriate legislative remedies for any abuses which may be
ascertained. Although the terms of the latter portion of the resolution

James Btickajtart ^15

are extremely vague and general, yet my sole purpose in adverting to
them at present is to mark the broad line of distinction between the
accusatory and the remedial clauses of this resolution. The House of
Representatives possess no power under the Constitution over the first
or accusatory portion of the resolution except as an impeaching body,
v.'hilst over the last, in common with the Senate, their authority as a
legislative body is fully and cheerfully admitted.

It is solely in reference to the first or impeaching power that I propose
to make a few observations. Except in this single case, the Constitution
has invested the House of Representatives with no power, no jurisdic-
tion, no supremacy whatever over the President. In all other respects
he is quite as independent of them as they are of him. As a coordinate
branch of the Government he is their equal. Indeed, he is the only
direct representative on earth of the people of all and each of the sover-
eign States. To them, and to them alone, is he responsible whilst acting
within the sphere of his constitutional duty, and not in any manner to
the House of Representatives. The people have thought proper to in-
vest him with the most honorable, responsible, and dignified office in the
world, and the individual, however unworth)^ now holding this exalted
position, will take care, so far as in him lies, that their rights and pre-
rogatives shall never be violated in his person, but shall pass to his suc-
cessors unimpaired by the adoption of a dangerous precedent. He will
defend them to the last extremity against any unconstitutional attempt,
come from what quarter it n\a.y, to abridge the constitutional rights of
the Executive and render him subservient to any human power except
themselves.

The people have not confined the President to the exercise of execu-
tive duties. The)^ have also conferred upon him a large measure of leg-
i.slative discretion. No bill can become a law without his approval, as
representing the people of the United States, unless it shall pass after his
veto by a majority of two-thirds of lx)th Hou.ses. In his legislative
capacity he might, in common with the Senate and the House, institute
an inquiry to ascertain any facts which ought to influence his judgment
in approving or vetoing any bill.

This participation in the performance of legislative duties 1x?tween the
coordinate branches of the Government ought to inspire the conduct of
all of them in their relations toward each other with nuilual forl)earance
and respect. At least each has a right to demand justice from the other.
The cause of complaint is that the con.stitutional rights and innnunities
of the Executive have Iseen violated in the person of the President.

The trial of an impeachment of the President before the Senate on
charges preferred and prosecuted against him by the House of Rei)re-
.sentatives would be an imposing spectacle for the world. In the result
not only his removal from the Presidential office would l)e involved, but,
what is of infinitely greater importance to himself, his character, both in

6i6 Messages and Papers of the Presidents

the eyes of the present and of future generations, might possibly be tar-
nished. The disgrace cast upon him would in some degree be reflected
upon the character of the American people, who elected him. Hence
the precautions adopted by the Constitution to secure a fair trial. On
such a trial it declares that "the Chief Justice shall preside." This
was doubtless because the framers of the Constitution believed it to
be possible that the Vice-President might be biased by the fact that ' ' in
case of the removal of the President from office * * * the same
shall devolve on the Vice-President."

The preliminary proceedings in the House in the case of charges which
may involve impeachment have been well and wisely settled by long prac-
tice upon principles of equal justice both to the accused and to the people.
The precedent established in the case of Judge Peck, of Missouri, in 1831,
after a careful review of all former precedents, will, I venture to predict,
stand the test of time.

In that case Luke Edward Lawless, the accuser, presented a petition to
the House, in which he set forth minutelj' and specifically his cau.ses of
complaint. He prayed "that the conduct and proceedings in this behalf
of said Judge Peck may be inquired into by yowx honorable l3ody, and
such decision made thereon as to 3'our wisdom and justice shall .seem
proper." This petition was referred to the Judiciary Committee; such
has ever been deemed the appropriate committee to make similar investi-
gations. It is a .standing committee, supposed to be appointed without
reference to anj- special case, and at all times is presumed to be composed
of the most eminent lawyers in the House from different portions of the
Union, whose acquaintance with judicial proceedings and who.se habits
of investigation qualify them peculiarly for the task. No tribunal, from
their position and character, could in the nature of things be more impar-
tial. In the case of Judge Peck the witnesses were selected b}' the com-
mittee itself, with a xdew to ascertain the truth of the charge. They were
cross-examined by him, and everything was conducted in such a manner
as to afford him no reasonable cause of complaint. In view of this prece-
dent, and, what is of far greater importance, in view of the Constitution
and the principles of eternal justice, in what manner has the President of
the United States been treated b}^ the House of Representatives? Mr.
John Covode, a Representative from Pennsjlvania, is the accuser of the
President. Instead of following the wise precedents of former times, and
especially that in the ca.se of Judge Peck, and referring the accusation to
the Committee on the Judiciary, the House have made my accuser one of
my judges.

To make the accuser the judge is a violation of the principles of uni-
versal justice, and is condemned by the practice of all civilized nations.
Every freeman must revolt at such a spectacle. I am to appear before
Mr. Covode, either personally or by a substitute, to cross-examine the
witnesses which he may produce before himself to sustain his own accu-

James Buchanan 617

sations against me; and perhaps even this poor boon may be denied to the
President.

And what is the nature of the investigation which his resolution pro-
poses to institute? It is as vague and general as the English language
affords words in which to make it. The committee is to inquire, not into
any specific charge or charges, but whether the President has, by ' ' money,
patronage, or other improper means, sought to influence," not the action
of any individual member or members of Congress, but "the action" of
the entire body ' ' of Congress ' ' itself ' ' or any committee thereof. ' ' The
President might have had some glimmering of the nature of the offense
to be investigated had his accuser pointed to the act or acts of Congress
which he sought to pass or to defeat by the employment of "money,
patronage, or other improper means." But the accusation is Ijounded
by no such limits. It extends to the whole circle of legislation — to inter-
ference ' ' for or against the passage of any law appertaining to the rights
of any State or Territory." And what law does not appertain to the
rights of some State or Territory? And what law or laws has the Presi-
dent failed to execute? These might easily have been pointed out had
any such existed.

Had Mr. Lawless asked an inquiry to be made bj- the House whether
Judge Peck, in general terms, had not violated his judicial duties, with-
out the specification of any particular act, I do not believe there would
have been a single vote in that lx)dy in favor of the inquiry.

Since the time of the star-chamber and of general warrants there has
been no such proceeding in England.

The Hou.se of Representatives, the high impeaching power of the coini-
try, without consenting to hear a word of explanation, have indorsed
this accusation again.st the President and made it their own act. They
even refused to permit a Member to inquire of the President's accu.ser
what were the specific charges against him. Thus, in this preliminary
accu.sation of "high crimes and misdemeanors" against a coordinate
branch of the Government, under the impeaching power, the House
refused to hear a single suggestion, even in regard to the correct mode
of pnxreeding, but without a moment's delay pas.sed the accusatory reso-
lutions under the pressure of the previous question.

In the institution of a pro.secution for any offen.se against the mo.st
humble citizen — and I claim for my.self no greater rights than he en-
joy.s — the constitutions of the United States and of the several vStates
recjuire that he .shall be informed in the very beginning of tlie nature
and cause of the accu.sation again.st him, in order to enal)le him to pre-
pare for his defen.se. There are other principles which I might enu-
merate, not less .sacred, i)re.senting an imj^enetrable shield to ])rotect
every citizen falsely charged with a criminal offense. These have Ik-cu
violated in the prosecution instituted by the House of Rtjjresentatives
against the executive branch of the Government. vShall the President

6i8 Messages and Papers of the Presidents

alone be deprived of the protection of these great principles which pre-
vail in every land where a ray of liberty penetrates the gloom of des-
potism? Shall the Executive alone be deprived of rights which all his
fellow-citizens enjoy? The whole proceeding against him justifies the
fears of those wise and great men who, before the Constitution was
adopted by the States, apprehended that the tendency of the Govern-
ment was to the aggrandizement of the legislative at the expense of the
executive and judicial departments.

I again declare emphatically that I make this protest for no reason
personal to myself, and I do it witl^i perfect respect for the House of
Representatives, in which I had the honor of serving as a member for
five successive terms. I have lived long in this goodly land, and have
enjoyed all the offices and honors which my country could bestow. Amid
all the political storms through which I have passed, the present is the
first attempt which has ever been made, to my knowledge, to assail my
personal or official integrity; and this as the time is approaching when I
shall voluntaril}^ retire from the servdce of my country. I feel proudly
conscious that there is no public act of my life which will not bear the
strictest scrutiny. I defy all investigation. Nothing but the basest per-
jury can sully \\\y good name. I do not fear even this, because I cherish
an humble confidence that the gracious Being who has hitherto defended
and protected me against the shafts of falsehood and malice will not
desert me now when I have become "old and gray headed." I can
declare before God and my country that no human being (with an excep-
tion scarcely worthy of notice) has at any period of my life dared to
approach me with a corrupt or dishonorable proposition, and until recent
developments it had never entered into my imagination that any person,
even in the storm of exasperated political excitement, would charge
me in the most remote degree with having made svich a proposition to
any human l^eing. I may now, however, exclaim in the language of
complaint emplo}'ed by va.y first and greatest predecessor, that I have
been abused ' ' in such exaggerated and indecent terms as could scarcely
be applied to a Nero, to a notorious defaulter, or even to a common
pickpocket."

I do therefore, for the reasons stated and in the name of the people
of the several States, solemnly protest against these proceedings of the
House of Representatives, because the}^ are in violation of the rights of
the coordinate executive branch of the Government and subversive of
its constitutional independence; because tlie}^ are calculated to foster
a band of interested parasites and informers, ever ready, for their own
advantage, to swear before ex parte committees to pretended private con-
versations between the President and themselves, incapable from their
nature of being disproved, thus furnishing material for harassing him,
degrading him in the eyes of the countrj^ and eventually, should he be
a weak or a timid man, rendering him subservient to improper influences

James Buchanan 619

in order to avoid such persecutions and annoyances; because they tend to
destroy that harmonious action for the connnon good which ought to be
maintained, and which I sincerely desire to cherish, between coordinate
branches of the Government; and, finally, because, if unresisted, they
would establish a precedent dangerous and embarrassing to all my suc-
cessors, to whatever political party they might be attached.

JAMES BUCHANAN.

Washingtox, June 22, i860.
To the House oj Rcp?'esentatives:

In my message to the House of Representatives of the 28th March
last I solemnly protested against the creation of a committee, at the head
of which was placed my accuser, for the purpose of investigating whether
the President had, "by money, patronage, or other improper means,
sought to influence the action of Congress or any committee thereof for
or against the passage of any law appertaining to the rights of any State
or Territory. ' ' I protested against this because it was destitute of any
specification; because it referred to no particular act to enable the Presi-
dent to prepare for his defense; because it deprived him of the constitu-
tional guards which, in common with every citizen of the United States,
he possesses for his protection, and because it assailed his constitutional
independence as a coordinate branch of the Government.

There is an enlightened justice, as well as a beautiful symmetry, in
every part of the Constitution. This is conspicuously manifested in re-
gard to impeachments. The House of Representatives jx)s.sesses ' ' the sole
power of impeachment," the Senate " the sole power to try all impeach-
ments;" and the impeachable ofTen.ses are "treason, bribery, or other high
crimes or misdemeanors. ' ' The practice of the House from the earliest
times had been in accordance with its own dignity, the rights of the ac-
cused, and the demands of justice. At the commencement of each judicial
investigation which might lead to an impeachment specific charges were
always preferred; the accu.sed had an opportunity of cross-examining the
witnesses, and he was placed in full jxjssession of the precise nature of
the offense which he had to meet. An impartial and elevated .standing
committee was charged with this investigation, upon which no member
inspired with the ancient .sense of honor and justice would have served
had he ever expressed an opinion again.st the accused. Until the present
occa.sion it was never deemed projx^r to transform the accuser into tlu-
judge and to confer upon him the .selection of his own connnittet*.

The charges made again.st me in vague and general terms were of smli
a fal.se and atrocious character that I did not entertain a moment's appre-
hen.sion for the result. They were abhorrent to every principle instilled
into me from my youth and every practice of my life, and I did not
believe it possible that the man existed who would .so basely perjure

620 Messages and Papers of the Presidents

himself as to swear to the truth of any such accusations. In this con-
viction I am informed I have not been mistaken.

In m}'^ former protest, therefore, I truly and emphaticall)- declared
that it was made for no reason personal to myself, but because the pro-
ceedings of the House were in violation of the rights of the coordinate
executive branch of the Government, subversive of its constitutional
independence, and if unresisted would establish a precedent dangerous
and embarrassing to all my successors. Notwithstanding all this, if the
committee had not transcended the authority conferred upon it l:>y the
resolution of the House of Representatives, broad and general as this was,
I should have remained silent upon the subject. What I now charge
is that the}' have acted as though they possessed unlimited power, and,
without any warrant whatever in the resolution under which the}" were
appointed, have pursued a course not merely at war with the constitu-
tional rights of the Executive, but tending to degrade the Presidential
office itself to such a degree as to render it unworthy of the acceptance of
any man of honor or principle.

The resolution of the House, so far as it is accusatory- of the President,
is confined to an inquiry whether he had used corrupt or improper means
to influence the action of Congress or any of its committees on legislative
measures pending before them — nothing more, nothing less. I have not
learned through the newspapers or in any other mode that the commit-
tee have touched the other accusatory branch of the resolution, charging
the President with a violation of duty in failing to execute some law
or laws. This branch of the resolution is therefore out of the question.
By what authority, then, have the committee undertaken to investigate
the course of the President in regard to the convention which framed the
Lecompton constitution? By what authority have they undertaken to
pry into our foreign relations for the purpose of assailing him on account
of the instructions given by the Secretary of State to our minister in
Mexico relative to the Tehuantepec route? By what authorit}- have
they inquired into the causes of removal from office, and this from the
parties themselves removed, with a view to prejudice his character, not-
withstanding this power of removal belongs exclusively to the President
under the Constitution, was so decided by the First Congress in the
year 1789, and has accordingly ever since been exercised? There is in
the resolution no pretext of authority for the committee to investi-
gate the question of the printing of the post-office blanks; nor is it to be
supposed that the House, if asked, would have granted such an author-
it}^ because this question had been previously committed to two other
committees — one in the Senate and the other in the House. Notwith-
standing this absolute want of power, the committee rushed into this
investigation in advance of all other subjects.

The committee proceeded for months, from March 22, i860, to examine
ex parte and without any notice to myself into every subject which could

James Buchanan 62 1

possibly affect my character. Interested and vindictive witnesses were
summoned and examined before them; and the first and only informa-
tion of their testimony which, in almost every instance, I received was
obtained from the publication of such portions of it as could injuriously
affect myself in the New York journals. It mattered not that these
statements were, so far as I have learned, disproved by the most respect-
able witnesses who happened to be on the spot. The telegraph was silent
respecting these contradictions. It was a secret committee in regard to
the testimony in ni}- defense, but it was public in regard to all the testi-
mony which could hy possibility reflect on niN- character. The poi.son
was left to produce its effect upon the public mind, whilst the antidote
was carefully withheld.

In their examinations the committee vdolated the most sacred and hon-
orable confidences existing among men. Private correspondence, which
a truly honorable man would never even entertain a distant thought of
divulging, was dragged to light. Different persons in official and con-
fidential relations with myself, and with whom it was supix)sed I might
have held conversations the revelation of which would do me injury
were examined. Even members of the Senate and members of my own
Cabinet, both \\\\ constitutional advi.sers, were called upon to testify,
for the purpose of discovering something, if possible, to my di.scredit.

The distribution of the patronage of the Govenunent is by far the
most disagreeable duty of the President. Applicants are so numerous
and their applications are pressed with such eagerness by their friends,
1x)th in and out of Congress, that the selection of one for any desirable
office gives offense to many. Disappointed applicants, removed officers,
and those who for any cau.se, real or imaginary, had become hostile to
the Administration presented them.selves or were invited by a sunnnons
to appear l)efore the connnittee. These are the mo.st dangerous witnesses.
ICven with the lx?st intentions they are .so influenced by prejudice and dis-
appointment that they almost inevitably discolor truth. They swear to
their own ver.sion of private conversations with the President without the
jHjssibility of contradiction. His lips are sealed, and he is left at their
mercy. lie can not, as a c(X)rdinate branch of the Government, appear
before a connnittee of investigation to contradict the oaths of such wit-
nesses. Ivvery coward knows that lie can employ insulting language
against the President with imjmnity, and every false or prejudiced wit-
ness can attempt to swear away his character before such a connnittee
without the fear of contradiction.

Thus for months, whilst doing my best at one end of llie Avenue to
l^erform my high and resjxansible duties to the country, has there been a
connnittee of the House of Represetitatives in ses.sion at the other end of
the Avenue spreading a drag net, without the shadow of authority from
the House, over the whole Union, to catch any (lisa])])ointe(l man willing
to malign my character; and all this in secret conclaxe. The lion's

622 Messages and Papers of the Presidents

mouth at Venice, into which secret denunciations were dropped, is an apt
illustration of the Covode committee. The star-chamber, tj^rannical and
odious as it was, never proceeded in such a manner. For centuries there
has been nothing like it in any civilized country, except the revolutionary
tribunal of France in the days of Robespierre. Now I undertake to
state and to prove that should the proceedings of the committee be sanc-
tioned by the House and become a precedent for future times the balance
of the Constitution will be entirely upset, and there will no longer remain
the three coordinate and independent branches of the Government — leg-
islative, executive, and judicial. The worst fears of the patriots and
statesmen who framed the Constitution in regard to the usurpations of
the legislative on the executive and judicial branches will then be real-
ized. In the language of Mr. Madison, speaking on this very subject in
the forty-eighth number of the Federalist:

In a representative republic, where the executive magistracy is carefully limited,
both in the extent and duration of its power, and where the legislative power is
exercised by an assembly which is inspired, by a supposed influence over the peo-
ple, with an intrepid confidence in its own strength, which is sufficiently numerous
to feel all the passions which actuate a multitude, yet not so numerous as to be incap-
able of pursuing the objects of its passions by means which reason prescribes, it is
against the enterprising ambition of this department that the people ought to indulge
all their jealousy and exhaust all their precautions.

And in the expressive and pointed language of Mr. Jefferson, when
speaking of the tendency of the legislative branch of Government to
usurp the rights of the weaker branches:

The concentrating these in the same hands is precisely the definition of despotic
government. It will be no alleviation that these powers will be exercised by a plu-
rality of hands, and not by a single one. One hundred and seventy-three despots
would surely be as oppressive as one. I/ct those who doubt it turn their eyes on the
Republic of Venice. As little will it avail us that they are chosen by ourselves. An
elective despotism was not the government we fought for, but one which should not
only be founded on free principles, but in which the powers of government should
be so divided and balanced among several bodies of magistracy as that no one could
transcend their legal limits without being effectually checked and controlled by the
others.

Should the proceedings of the Covode committee become a precedent,
both the letter and spirit of the Constitution will be violated. One of the
three massive columns on which the whole superstructure rests will be
broken down. Instead of the Executive being a coordinate it will become
a subordinate branch of the Government. The Presidential office will be
dragged into the du.st. The House of Representatives wdll then have
rendered the Executive almost necessarily subservient to its wishes,
instead of being independent. How is it possible that two powers in
the State can be coordinate and independent of each other if the one
claims and exercises the power to reprove and to censure all the official
acts and all the private conversations of the other, and this upon ex parte

James Buchanan 623

testimony before a secret inquisitorial committee — in short, to assume a
general censorship over the other? The idea is as absurd in public as
it would be in private life. Should the President attempt to assert and
maintain his own independence, future Covode committees may dragoon
him into submission by collecting the hosts of disappointed office hunters,
removed officers, and those who desire to live upon the public Treasury,
which must follow in the wake of every Administration, and they in secret
conclave will swear away his reputation. Under such circumstances he
must be a very bold man should he not surrender at discretion and con-
sent to exercise his authority according to the will of those invested with
this terrific power. The sovereign people of the several States have
elected him to the highest and most honorable office in the world. He
is their only direct representative in the Government. By their Con-
stitution they have made him Commander in Chief of their Army and
Navy. He represents them in their intercourse with foreign nations.
Clothed with their dignity and authority, he occupies a proud position
before all nations, civilized and savage. With the consent of the Senate,
he appoints all the important officers of the Government. He exercises
the veto power, and to that extent controls the legislation of Congress.
For the performance of these high duties he is responsible to the people of
the several States, and not in any degree to the House of Representatives.
Shall he surrender these high powers, conferred upon him as the repre-
sentative of the American people for their l)enefit, to the House to be
exercised under their overshadowing influence and control? Shall he
alone of all the citizens of the United States be denied a fair trial ? Shall
he alone not be "informed of the nature and cause of the accusation"
against him? Shall he alone not "Ije confronted with the witnes.ses"
against him? Shall the House of Representatives, usurping the ix)w-
ers of the Senate, proceed to try the President through the agency of a
secret conunittee of the body, where it is impossible he can make any
defense, and then, without affording him an opportunity of being heard,
j^ronounce a judgment of censure against him? The very same rule
might l>e applied for the very .same rea.son to every judge of every court
of the United States. From what part of the Con.stitution is this ter-
rible .secret inquisitorial jxivver derived? No such express jxnver exists.
From which of the enumerated powers can it be inferred? It is true the
House can not pronoinice the formal judgment against him of "removal
from office," but they can by their judgment of censure asper.se his rep-
utation, and thus to the extent of their influence render the office con-
temptible. An example is at hand of the reckle.ss manner in which this
power of censure can l)e employed in high party times. The House on
a recent occa.sion have attempted to degrade the President by adopting
the re.solution of Mr. John Sherman declaring that he, in conjunction
with the Secretary of the Navy, " by receiving and considering the ]>arty
relations of bidders for contracts and the effect of awarding contracts

624 Messages and Papers of the Presidents

upon pending elections, have set an example dangerous to the pubhc
safety and deserving the reproof of this House. ' '

It will scarcely be credited that the sole pretext for this vote of censure
was the simple fact that in disposing of the numerous letters of every
imaginable character which I daily receive I had in the usual course of
business referred a letter from Colonel Patterson, of Philadelphia, in
relation to a contract, to the attention of the Secretary of the Navy, the
head of the appropriate Department, without expressing or intimating
any opinion whatever on the subject; and to make the matter if possible
still plainer, the Secretary had informed the committee that ''the Presi-
detit did not in ayiy manner interfere in this case, tior has he in any other
case of contract siyicc I have been in the Depat'tnient.'''' The absence of all
proof to sustain this attempt to degrade the President, whilst it mani-
fests the venom of the shaft aimed at him, has destroyed the vigor of
the bow.

To return after this digression: Should the House, by the institution
of Covode committees, votes of censure, and other devices to harass the
President, reduce him to subservience to their will and render him their
creature, then the well-balacced Government which our fathers framed
will be annihilated. This conflict has already Ijeen commenced in ear-
nest by the House against the Executive. A bad precedent rarely, if
ev'er, dies. It will, I fear, be pursued in the time of my successors, no
matter what may be their political character. Should secret committees
be appointed with unlimited authority to range over all the words and
actions, and, if possible, the very thoughts, of the President with a view
to discover something in his past life prejudicial to his character from
parasites and informers, this would be an ordeal w^hich scarcely any mere
man since the fall could endure. It would be to subject him to a reign
of terror from which the stoutest and purest heart might shrink. I have
passed triumphantly through this ordeal. My vindication is complete.
The committee have reported no resolution looking to an impeachment
against me; no resolution of censure; not even a resolution pointing out
any abuses in any of the Executive Departments of the Government to
be corrected by legislation. This is the highest commendation which
could be bestowed on the heads of these Departments. The sovereign
people of the States will, however, I trust, save my successors, whoever
they may be, from any such ordeal. They are frank, bold, and honest.
They detest delators and informers. I therefore, in the name and as the
representative of this great people, and standing upon the ramparts of the
Constitution which they "have ordained and established," do solemnly
protest against these unprecedented and unconstitutional proceedings.

There was still another committee raised by the House on the 6th
March last, on motion of Mr. Hoard, to which I had not the slightest ob-
jection. The resolution creating it was confined to specific charges,
which I have ever since been ready and willing to meet. I have at all

James Buchanan 625

times invited and defied fair investigation upon constitutional principles.
I have received no notice that this committee have ever proceeded to the
investigation.

Why should the House of Representatives desire to encroach on the
other departments of the Government ? Their rightful powers are ample
for every legitimate purpose. They are the impeaching body. In their
legislative capacity it is their most wise and wholesome prerogative to
institute rigid examinations into the manner in which all departments of
the Government are conducted, with a view to reform abuses, to promote
economy, and to improve every branch of administration. Should they
find reason to believe in the course of their examinations that any grave
offense had been committed by the President or any officer of the Govern-
ment rendering it proper, in their judgment, to resort' to impeachment,
their course would be plain. They would then transfer the question
from their legislative to their accusatory jurisdiction, and take care that
in all the preliminary judicial proceedings preparatory to the vote of
articles of impeachment the accused should enjoy the benefit of cross-
examining the witnesses and all the other safeguards with which the
Constitution surrounds every American citizen.

If in a legislative investigation it should appear that the public in-
terest required the removal of any officer of the Government, no Presi-
dent has ever existed who, after giving him a fair hearing, would hesitate
to apply the remedy.

This I take to be the ancient and well-established practice. An ad-
herence to it will best promote the harmony and the dignity of the inter-
course between the coordinate branches of the Government and render
us all more respectable both in the eyes of our own countrymen and of
foreign nations. ^^^^ BUCHANAN.

PROCLAMATION.
By the President of the United States of America.

A PROCLAMATION.

Whereas an extraordinary occasion has occurred rendering it neces-
.sary and proper that the Senate of the United States shall Ix; convened
to receive and act upon such conuuunications as have been or may be
made to it on the part of the Executive:

Now, therefore, I, James Buchanan, President of the United States,

do issue this my pnxrlamation, declaring that an extraordinary occasion

requires the Senate of the United States to convene for the transaction

of business at the Capitol, in the city of Washington, on the 26th day of

M P — VOL v — 40

626 Messages and Papers of the Presidents

June instant, at 12 o'clcx^k at noon of that day, of which all who shall
then be entitled to act as members of that body are hereby required to
take notice.

Given under my hand and the seal of the United States, at Washing-
r -, ton, this 25th day of June, A. D. i860, and of the Independ-

ence of the United States the eighty-fourth.

JAMES BUCHANAN.
By the President:

Lewis Cass,

Secretary of State.

FOURTH ANNUAL MESSAGE.

Washington City, Decctnber j, i860.
Fclloiv-Citizeyis of the Senate and House of Repi'esentatives:

Throughout the year since our last meeting the countr}^ has been
eminently prosperous in all its material interests. The general health
has been excellent, our harvests have been abundant, and plenty smiles
throughout the land. Our commerce and manufactures have been pros-
ecuted with energy and industry, and have yielded fair and ample
returns. In short, no nation in the tide of time has ever presented a
spectacle of greater material prosperity than we have done until within
a very recent period.

Why is it, then, that discontent now so extensively prevails, and the
Union of the States, which is the source of all these blessings, is threat-
ened with destruction?

The long-continued and intemperate interference of the Northern peo-
ple with the question of slavery in the Southern States has at length
produced its natural effects. The different sections of the Union are
now arrayed against each other, and the time has arrived, so much
dreaded by the Father of his Country, when hostile geographical parties
have been formed.

I have long foreseen and often forewarned my countrymen of the now
impending danger. This does not proceed solely from the claim on the
part of Congress or the Territorial legislatures to exclude slavery from
the Territories, nor from the efforts of different States to defeat the exe-
cution of the fugitive-slave law. All or any of these evils might have
been endured by the South without danger to the Union (as others have
been) in the hope that time and reflection might apply the remedy.
The immediate peril arises not so much from these causes as from the
fact that the incessant and violent agitation of the slavery question
throughout the North for the last quarter of a century has at length
produced its malign influence on the slaves and inspired them with

James Buchanan 627

vague notions of freedom. Hence a sense of security no longer exists
around the family altar. This feeling of peace at home has gi\en place
to apprehensions of servile insurrections. Many a matron throughout
the South retires at night in dread of what may befall herself and chil-
dren before the morning. Should this apprehension of domestic danger,
whether real or imaginary, extend and intensify itself until it shall per-
vade the masses of the Southern people, then disunion will become inev-
itable. Self-preservation is the first law of nature, and has been implanted
in the heart of man by his Creator for the wisest purpose; and no political
union, however fraught with blessings and benefits in all other respects,
can long continue if the necessary consequence be to render the homes
and the firesides of nearly half the parties to it habitually and hoj>elessly
insecure. Sooner or later the bonds of such a union nmst be severed.
It is my conviction that this fatal period has not yet arrived, and \\\y
prayer to God is that He would preserve the Constitution and the Union
throughout all generations.

But let us take warning in time and remove the cause of danger. It
can not be denied that for five and twenty years the agitation at the
North against slavery has Ijeen incessant. In 1835 pictorial handbills
and inflammatory appeals were circulated extensively throughout the
South of a character to excite the passions of the slaves, and, in the lan-
guage of General Jackson, "to stimulate them to insurrection and pro-
duce all the horrors of a servile war. ' ' This agitation has ever since
been continued by the public press, by the proceedings of State and
county conventions and by abolition sermons and lectures. The time
of Congress has been occupied in violent speeches on this never-ending
subject, and appeals, in pamphlet and other forms, indorsed by distin-
guished names, have been sent forth from this central iK)int and spread
l)roadcast over the Union.

How eas}'' would it Ije for the American people to settle the slavery-
question forever and to restore peace and harmony to this distracted
country! They, and they alone, can do it. All that is neces.sary to
accomplish the object, and all for which the .slave States have ever con-
tended, is to Ix; let alone and jxirmitted to manage their domestic institu-
tions in their own way. As .sovereign States, they, and tliey alone, are
resix)nsible ]x:fore God and the world for the .slavery existing among
them. For this the people of the North are not more responsil)le and
have no more right to interfere than with similar institutions in Russia
or in Brazil.

Upon their good sen.se and patriotic forlwjarance I confess I .still greatly
rely. Without their aid it is beyond the power of any President, no
matter what may Ik." his own ]x)litical jmK-livities, to restore j>eace and
harmony among the States. Wisely limite<l anrl restrained as is his
power under our Constitution and laws, he alone can accomplish but
little for good or for evil on such a momentous ciucstiou.

628 Messages afid Papers of the Presidents

And this brings me to observe that the election of any one of our fellow-
citizens to the office of President does not of itself afford just cause for
dissolving the Union. This is more especially true if his election has
been effected by a mere plurality, and not a majority of the people, and
has resulted from transient and temporary causes, which may probably
never again occur. In order to justify a resort to revolutionary resist-
ance, the Federal Government must be guilty of "a deliberate, palpable,
and dangerous exercise" of powers not granted by the Constitution.
The late Presidential election, however, has been held in strict con-
formity with its express provisions. How, then, can the result justify a
revolution to destroy this very Constitution? Reason, justice, a regard
for the Constitution, all require that we .shall wait for some overt and
dangerous act on the part of the President elect before resorting to such
a remedy. It is said, however, that the antecedents of the President
elect have been sufficient to justify the fears of the South that he will
attempt to invade their constitutional rights. But are such apprehen-
sions of contingent danger in the future sufficient to justify the imme-
diate destruction of the noblest system of government ever devised by
mortals? From the very nature of his office and its high responsibilities
he must necessarily be conservative. The stern duty of administering
the vast and complicated concerns of this Government affords in itself a
guaranty that he will not attempt any violation of a clear constitutional
right.

After all, he is no more than the chief executive officer of the Govern-
ment. His province is not to make but to execute the laws. And it is a
remarkable fact in our history that, notwithstanding the repeated efforts
of the antislaver}^ party, no single act has ever passed Congress, unless
we may possibly except the Missouri compromise, impairing in the slight-
est degree the rights of the South to their property in slaves; and it
may also be observed, judging from present indications, that no proba-
bility exists of the passage of such an act by a majority of both Houses, '
either in the present or the next Congress. Surely under these circum-
.stances we ought to be restrained from present action by the precept of
Him who spake as man never spoke, that "sufficient unto the day is the
evil thereof. ' ' The day of evil may never come unless we shall rashly
bring it upon ourselves.

It is alleged as one cause for immediate secession that the Southern
States are denied equal rights with the other States in the common Ter-
ritories. But by what authority are these denied? Not by Congress,
which has never passed, and I believe never will pass, any act to exclude
slavery from these Territories; and certainly not by the Supreme Court,
which has solemnly decided that slaves are property, and, like all other
property, their owners have a right to take them into the common Ter-
ritories and hold them there under the protection of the Constitution.

So far, then, as Congress is concerned, the objection is not to anything

James Buchanan 629

they have already done, but to what they may do hereafter. It will
surely be admitted that this apprehension of future danger is no good
reason for an immediate dissolution of the Union. It is true that the
Territorial legislature of Kansas, on the 23d February, i860, passed in
great haste an act over the veto of the governor declaring that slavery
"is and shall be forever prohibited in this Territory." Such an act,
however, plainly violating the rights of property' secured by the Consti-
tution, will surely be declared void by the judiciary whenever it shall l)e
presented in a legal form.

Only three days after my inauguration the Supreme Court of the United
States solemnly adjudged that this power did not exist in a Territorial
legislature. Yet such has been the factious temper of the times that the
correctness of this decision has been extensively impugned before the
people, and the question has given rise to angry political conflicts through-
out the countrj'. Those who have appealed from this judgment of our
highest constitutional tribunal to popular assemblies would, if they could,
invest a Territorial legislature with power to annul the sacred rights of
property. This power Congress is expressly forbidden by the Federal
Constitution to exercise. Every State legislature in the Union is for-
bidden by its own constitution to exercise it. It can not be exerci.sed in
an}' State except by the people in their highest sovereign capacity, when
framing or amending their State constitution. In like manner it can
onlj' be exercised by the people of a Territory represented in a conven-
tion of delegates for the purpose of framing a constitution preparatory
to admission as a State into the Union. Then, and not imtil then, are
they invested with power to decide'the question whether slaverj- shall or
shall not exist within their limits. This is an act of sovereign authority,
and not of sulx)rdinate Territorial legislation. Were it otherwise, then
indeed would the equality of the States in the Territories lie de.stroj'ed,
and the rights of projx^rty in slaves would depend not upon the guaran-
ties of the Constitution, but upon the .shifting majorities of an irre-
sponsible Territorial legislature. Such a doctrine, from its intrinsic
un.sotnidness, can not long influence any con.siderable portion of our
jK-'ople, nnich less can it afford a good rea.son for a dis.solution of the
Union.

The most palpable violations of constitutional duty which have yet
lx?en committed consist in the acts of different State legi.slaturcs to defeat
the execution of the fugitive-slave law. It ought to be remcml)cred,
liowever, that for these acts neither Congress nor any President can
justly l)e held respon.sible. Having Ikjcu pa.s.sed in violation of the Fed-
eral Constitution, they are therefore mill and void. All the courts, lx)th
State and national, iK'fore whom the question has ari.sen have from the
])cginning declared the fugitive-slave law to be con.stitutioiial. The sin-
gle exception is tliat of a State court in Wi.sconsin, atul this lias not only
been reversed by the proi)cr apjK-llale tribunal, but has met with such

630 Messages and Papers of the Presidents

universal reprobation that there can be no danger from it as a precedent.
The validity of this law has been established over and over again by the
Supreme Court of the United States with perfect unanimity. It is founded
upon an express provision of the Constitution, requiring that fugitive
slaves who escape from service in one State to another shall be ' ' deliv-
ered up ' ' to their masters. Without this provision it is a well-known
historical fact that the Constitution itself could never have been adopted
by the Convention. In one form or other, under the acts of 1793 and
1 .850, both being substantially the same, the fugitive-slave law has been
the law of the land from the days of Washington until the present
moment. Here, then, a clear case is presented in which it will be the
duty of the next President, as it has been my own, to act with vigor in
executing this supreme law against the conflicting enactments of State
legislatures. Should he fail in the performance of this high duty, he
will then have manifested a disregard of the Constitution and laws, to
the great injury of the people of nearly one-half of the States of the
Union. But are we to presume in advance that he will thus violate his
duty? This would be at war with every principle of justice and of
Christian charity. Let us wait for the overt act. The fugitive-slave
law has been carried into execution in ever}^ contested case since the
commencement of the present Administration, though often, it is to be
regretted, with great loss and inconvenience to the master and with
considerable expense to the Government. L,et us trust that the State
legislatures will repeal their unconstitutional and obnoxious enactments.
Unless this shall be done without unnecessary delay, it is impossible for
any human power to save the Union.

The Southern States, standing on the basis of the Constitution, have a
right to demand this act of justice from the States of the North. Should
it be refused, then the Constitution, to which all the States are parties,
will have been willfully violated by one portion of them in a provision
essential to the domestic security and happiness of the remainder. In
that event the injured States, after having first used all peaceful and con-
.stitutional means to obtain redre.ss, would be justified in revolutionary
resistance to the Government of the Union.

I have purposely confined my remarks to revolutionary resistance, be-
cause it has been claimed within the last few years that an)^ State, when-
ever this shall be its sovereign will and pleasure, may .secede from the
Union in accordance with the Constitution and without any violation of
the constitutional rights of the other members of the Confederacy; that
as each became parties to the Union by the vote of its own people as-
sembled in convention, so any one of them may retire from the Union in
a similar manner by the vote of such a convention.

In order to justify secession as a constitutional remedy, it must be on
the principle that the Federal Government is a mere voluntary associa-
tion of States, to be dissolved at pleasure by any one of the contracting

James Biichanau 631

parties. If this be so, the Confederacy is a rope of sand, to be penetrated
and dissolved by- the first adverse wave of pubHc opinion in any of the
States. In this manner our thirty-three States may resolve themselves
into as many petty, jarring, and hostile republics, each one retiring from
the Union without responsibility whenever any sudden excitement might
impel them to such a course. By this process a Union might be entirely
broken into fragments in a few weeks which cost our forefathers many
years of toil, privation, and blood to establish.

Such a principle is wholly inconsistent with the history as well as
the character of the Federal Constitution. After it was framed with the
greatest deliberation and care it was submitted to conventions of the peo-
ple of the several States for ratification. Its provi.sions were discussed
at length in the.se Ijodies, composed of the first men of the country. Its
opponents contended that it conferred powers upon the Federal Govern-
ment dangerous to the rights of the States, whilst its advocates main-
tained that under a fair construction of the instrument there was no
foundation for such apprehensions. In that mighty struggle between
the first intellects of this or ^x\y other country it never occurred to any
individual, either among its opponents or advocates, to assert or even
to intimate that their efforts were all vain labor, because the moment
that any State felt herself aggrieved she might secede from the Union.
What a crushing argument would this have proved against those who
dreaded that the rights of the States would be endangered by the Con-
stitution! The truth is that it was not until many years after the origin
of the Federal Government that such a proposition was first advanced.
It was then met and refuted liy the conclusive arguments of General
Jackson, who in his message of the i6th of January, 1833, transmitting
the nullifying ordinance of South Carolina to Congress, employs the fol-
lowing language:

The right of the people of a .single State to absolve themselves at will and without
the consent of the other States from their most solemn obligations, and hazard the lib-
erties and happiness of the millions composing this Union, can not l)c acknowledged.
Such authority is believed to be utterly repugnant both to the principles upon which
the General (iovernment is constituted and to the objects which it is expressly formed
to attain.

It is not pretended that any clau.se in tlic Constitution gives counte-
nance to such a tlieory. It is altogether founded upon inference; not
from any language contained in the instnnnent itself, but from the .sov-
ereign character of the several States by which it was ratified. But is it
l)eyond the power of a State, like an individual, to \ield a ]x)rtion of
its sovereign rights to .secure the remainder? In the language of Mr.
Madi.son, who has been called the father of the Con.stitution —

It was formed by tlic States; that is, by the people in each of the States acting in
their highest sovereign capacity, and formed, conse<iuenlly, l)y the same authority
which formed the State constitutions. ■ * '■ Nor i ; the (".<>vernnu'nt of the
United States, created bv the C'lnr.tilution, less a govirnnni;;, in the .strict .seiisr

632 Messages and Papers of the Presidents

of the term, within the sphere of its powers than the governments created by the
constitutions of the States are within their several spheres. It is, like them, organ-
ized into legislative, executive, and judiciary departments. It operates, like them,
directly on persons and things, and, like them, it has at command a physical force
for executing the powers committed to it.

It was intended to be perpetual, and not to be annulled at the pleasure
of any one of the contracting parties. The old Articles of Confederation
were entitled "Articles of Confederation and Perpetual Union between
the States," and by the thirteenth article it is expressly declared that
* ' the articles of this Confederation shall be inviolably observed by every
State, and the Union shall be perpetual." The preamble to the Consti-
tution of the United States, having express reference to the Articles of
Confederation, recites that it was established "in order to form a more
perfect union. ' ' And yet it is contended that this ' ' more perfect union ' '
does not include the essential attribute of perpetuity.

But that the Union was designed to be perpetual appears conclusively
from the nature and extent of the powers conferred by the Constitution
on the Federal Government. These powers embrace the very highest
attributes of national sovereignty. They place both the sword and the
purse under its control. Congress has power to make war and to make
peace, to raise and support armies and navies, and to conclude treaties
with foreign governments. It is invested with the power to coin money
and to regulate the value thereof, and to regulate commerce with foreign
nations and among the several States. It is not necessary to enumerate
the other high powers which have been conferred upon the Federal Gov-
ernment. In order to carry the enumerated powers into effect, Congress
possesses the exclusive right to lay and collect duties on imports, and, in
common with the States, to lay and collect all other taxes.

But the Constitution has not only conferred these high powers upon
Congress, but it has adopted effectual means to restrain the States from
interfering with their exercise. For that purpose it has in strong pro-
hibitory language expressly declared that —

No State shall enter into any treaty, alliance, or confederation; grant letters of
marque and reprisal; coin money; emit bills of credit; make anything but gold and
silver coin a tender in payment of debts; pass any bill of attainder, ex post facto
law, or law impairing the obligation of contracts.

Moreover —

No State shall without the consent of the Congress lay any imposts or duties on
imports or exports, except what may be absolutely necessary for executing its in-
spection laws.

And if they exceed this amount the excess shall belong to the United
States. And —

No State shall without the consent of Congress lay any duty of tonnage, keep
troops or ships of war in time of peace, enter into any agreement or compact with
another State or with a foreign power, or engage in war, unless actually invaded or
in such imminent danger as will not admit of delay.

James Biichmian 633

In order still further to secure the uninterrupted exercise of these high
powers against State interposition, it is provided that —

This Constitution and the laws of the United States which shall be made in pur-
suance thereof, and all treaties made or which shall be made imder the authority of
the United States, shall be the supreme law of the land, and the judges in every State
shall be bound thereby-, anytliing in the constitution or laws of any State to the
contrary- notwithstanding.

The solemn sanction of religion has been superadded to the obliga-
tions of official duty, and all Senators and Representatives of the United
States, all memters of State legislatures, and all executive and judicial
officers, "both of the United States and of the several States, shall be
bound by oath or affirmation to support this Constitution."

In order to carr\' into effect these powers, the Constitution has estab-
lished a perfect Government in all its forms — legislative, executive, and
judicial; and this Government to the extent of its powers acts directly
upon the individual citizens of every State, and executes its own decrees
by the agency of its own officers. In this respect it differs entirely from
the Government under the old Confederation, which was confined to
making requisitions on the States in their sovereign character. This
left it in the discretion of each whether to obey or to refuse, and they
often declined to comply with such requisitions. It thus became neces-
sary for the purpo.se of removing this barrier and ' ' in order to form a
more perfect union ' ' to establish a Government which could act directly
upon the people and execute its own laws without the intermediate agency
of the States. This has teen accomplished by the Cotistitution of the
United States. In short, the Government created 1)y the Constitution,
and deriving its authority from the sovereign people of each of the several
States, has precisely the .same right to exercise its power over the jxiople
of all these States in the eninnerated cases that each one of them pos-
sesses over subjects not delegated to the United States, but " re.served to
the States respectively or to the people. ' '

To the extent of the delegated powers the Constitution of the United
States is as much a part of the constitution of each State and is as bind-
ing upon its |x?ople as though it had Ijeen textually inserted tliercin.

This (k)vcrnment, therefore, is a great and powerful (^rO\ernnient.
invested with all the attributes of sovereignty over the s]>ocial subjects
to which its authority extends. Its framers never intended to implant
in its l)osom the .seeds of its own destruction, nor were they at its crea-
tion guilty of the absurdity of providing for its own dissohuion. It was
not intended by its framers to l^e the baseless fabric of a vision, whicli
at the touch of the enchanter would vanish into thin air, but a substan-
tial and mighty fabric, capable of resisting tlie slow decay of time and of
defying the storms of ages. Indeed, well may the jealous jvatriots of tliat
day have indulged fears that a Govenunent of sticli high ]>(nvers might
violate the reserved rights of the States, and wisely did they adopt tlie

634 Afcssnj^cs and Papers of the Presidents

rule of a strict construction of these powers to prevent the clanger. But
they did not fear, nor had they any reason to imagine, that the Consti-
tution would ever be so interpreted as to enable any State b3^ her own
act, and without the consent of her sister States, to discharge her people
from all or any of their federal obligations.

It ma}' be asked, then. Are the people of the States without redress
against the tyranny and oppression of the Federal Government? By no
means. The right of resistance on the part of the governed against the
oppression of their governments can not be denied. It exists independ-
ently of all constitutions, and has been exercised at all periods of the
world's history. Under it old governments have been destro^-ed and
new ones have taken their place. It is embodied in strong and express
language in our own Declaration of Independence. But the distinction
must ever be observed that this is revolution against an established gov-
ernment, and not a voluntar^^ secession from it by virtue of an inherent
constitutional right. In short, let us look the danger fairly in the face.
Secession is neither more nor less than revolution. It may or it may not
be a justifiable revolution, but still it is revolution.

What, in the meantime, is the responsibility and true position of the
Executive? He is bound by solemn oath, before God and the country,
"to take care that the laws be faithfull}' executed," and from this obli-
gation he can not be absolved by an}' human power. But what if the
performance of this duty, in whole or in part, has been rendered imprac-
ticable by events over which he could have exercised no control ? Such
at the present moment is the case throughout the State of South Caro-
lina so far as the laws of the United States to secure the administration
of justice by means of the Federal judiciarj^ are concerned. All the Fed-
eral officers within its limits through whose agency alone these laws can
be carried into execution have already resigned. We no longer have a
district judge, a district attorne}', or a marshal in South Carolina. In
fact, the whole machinery of the Federal Government necessary for the
distribution of remedial justice among the people has been demolished,
and it would be difficult, if not impossible, to replace it.

The only acts of Congress on the statute book bearing upon this sub-
ject are those of February 28, 1795, and March 3, 1807. These authorize
the President, after he shall have ascertained that the marshal, with his
posse coniitahis, is luiable to execute civil or criminal process in an}' partic-
ular case, to call forth the militia and employ the Army and Navy to aid
him in performing this service, having first by proclamation commanded
the insurgents ' ' to disperse and retire peaceably to their respective abodes
within a limited time. * ' This duty can not by possibility be performed
in a State where no judicial authority exists to issue process, and where
there is no marshal to execute it, and where, even if there were such an
officer, the entire population would constitute one solid combination to
resist him.

Javics Buchanan 635

The bare enumeration of these provisions proves how inadequate they
are without further legislation to overcome a united opposition in a single
State, not to speak of other States who may place themselves in a similar
attitude. Congress alone has power to decide whether the present laws
can or can not be amended so as to carry out more effectually the objects
of the Constitution.

The same insuperable obstacles do not lie in the way of executing the
laws for the collection of the customs. The revenue still continues to be
collected as heretofore at the custom-house in Charleston, and should the
collector unfortunately resign a successor may be appointed to perform
this duty.

Then, in regard to the property' of the United States in South Carolina.
This has been purchased for a fair equivalent, ' ' by the consent of the legis-
lature of the State, " " for the erection of forts, magazines, arsenals, " etc. ,
and over these the authoritj' ' ' to exercise exclusive legislation ' ' has been
expressly granted by the Constitution to Congress. It is not believed that
any attempt will be made to expel the United States from this property by
force; Imt if in this I should prove to be mistaken, the officer in command
of the forts has received orders to act strictly on the defensive. In such
a contingency the responsibility for consequences would rightfully rest
upon the heads of the assailants.

Apart from the execution of the laws, .so far as this may be practica-
ble, the Executive has no authority to decide what shall be the relations
between the Federal Government and South Carolina. He has been
invested with no such discretion. He possesses no power to change the
relations heretofore existing lietween them, much less to acknowledge
the independence of that State. This would be to invest a mere exec-
utive officer with the power of recognizing the dissolution of the confed-
eracy among our thirty-three sovereign States. It bears no resemblance
to the recognition of a foreign de facto government, involving no sucli
responsibility. Any attempt to do this would, on his part, be a naked
act of usurpation. It is therefore my duty to submit to Congress the
whole question in all its bearings. The cour.se of events is so rapidly
hastening forward that the emergencj' may .soon arise when you may
lie called u]X)n to decide the momentous question whether you pos.sess
the |xnver by force of arms to compel a State to remain in the Union. I
should feel myself recreant to my duty were I not to express an opinion
on this important .subject.

The question fairly stated is. Has the Constitution delegated to Con-
gress the jxnver to coerce a Slate into sul)mis.sion which is attempting to
withdraw or has actually withdrawn from the Confederacy? If answered
in the affirmative, it must l)e on the i)rinci])le that the ]K)wer has been
conferred upon Congress to declare and to make war against a vStatc.
After much serious reflection I have arrived at the conclusion tliat no
such |X)wer has l^een delegated to Congress or to any other department

636 Messages a fid Papers of the Presidents

of the Federal Government. It is manifest upon an inspection of the
Constitution that this is not among the specific and enumerated powers
granted to Congress, and it is equally apparent that its exercise is not
' ' necessarj^ and proper for carrjnng into execution ' ' any one of these
powers. So far from this power having been delegated to Congress, it
was expressly refused by the Convention which framed the Constitution.
It appears from the proceedings of that bodj'^ that on the 31st Maj^
1787, the clause ''authorizing an exertion of the force of then'hole against
a delinquent State'' came up for consideration. Mr. Madison opposed it
in a l)rief but powerful speech, from which I shall extract but a single
sentence. He obser\'ed:

The use of force against a State would look more like a declaration of war than an
infliction of punishment, and would probablj- be considered by the party attacked
as a dissolution of all previous compacts by which it might be bound.

Upon his motion the clause was unanimously postponed, and was never,
I believe, again presented. Soon afterwards, on the 8th June, 1787,
when incidentalh* adverting to the subject, he said: "Anj- government
for the United States formed on the supposed practicability of using
force against the unconstitutional proceedings of the States would prove
as visionary and fallacious as the government of Congress," evidently
meaning the then existing Congress of the old Confederation.

Without descending to particulars, it may be safely asserted that the
power to make war against a State is at variance with the whole spirit
and intent of the Constitution. Suppose such a war should result in the
conquest of a State; how are we to govern it afterwards? Shall we hold
it as a province and govern it by despotic power? In the nature of
things, we could not by physical force control the will of the people and
compel them to elect Senators and Representatives to Congress and to
perform all the other duties depending upon their own volition and
required from the free citizens of a free State as a constituent member
of the Confederacy.

But if we possessed this power, would it be wise to exercise it under
existing circumstances? The object would doubtless be to preserve the
Union. War would not onl}' present the most effectual means of destroy-
ing it, but would vanish all hope of its peaceable reconstruction. Besides,
in the fraternal conflict a vast amount of blood and treasure would be
expended, rendering future reconciliation between the States impossible.
In the meantime, who can foretell what would be the sufferings and pri-
vations of the people during its existence?

The fact is that our Union rests upon public opinion, and can never
Idc cemented by the blood of its citizens shed in civil war. If it can not
live in the affections of the people, it must one day perish. Congress pos-
sesses man^^ means of preserving it by conciliation, but the sword was
not placed in their hand to preser\'e it by force.

But may I be permitted solemnly to invoke my countrymen to pause

James Buchanan 637

and deliberate before they determine to destroy this the grandest temple
which has ever been dedicated to human freedom since the world began ?
It has been consecrated by the blood of our fathers, by the glories of the
past, and by the hopes of the future. The Union has already made us
the most prosjxirous, and ere long will, if preserved, render us the most
powerful, nation on the face of the earth. In every foreign region of the
globe the title of American citizen is held in the highest respect, and
when pronounced in a foreign land it causes the hearts of our country-
men to swell with honest pride. Surely when we reach the brink of
the yawning abyss we shall recoil with horror from the last fatal plunge.

By such a dread catastrophe the hopes of the friends of freedom
throughout the world would be destroyed, and a long night of leaden
despotism would enshroud the nations. Our example for more than
eighty years would not only be lost, but it w'ould be quoted as a conclu-
sive proof that man is unfit for self-government.

It is not every wTong — nay, it is not every grievous wrong — which
can justify a resort to such a fearful alternative. This ought to be the
last desperate remedy of a despairing people, after every other consti-
tutional means of conciliation had been exhausted. We should reflect
that under this free Government there is an incessant ebb and flow in
public opinion. The slavery question, like everything human, will have
its day. I firmly believe that it has reached and passed the culminating
point. But if in the midst of the existing excitement the Union shall
perish, the evil may then become irreparable.

Congress can contribute much to avert it by proposing and recom-
mending to the legislatures of the several States the remedy for existing
evils which the Constitution has itself provided for its own preservation.
This has been tried at different critical periods of our histor>', and always
with eminent success. It is to be found in the fifth article, providing for
its own amendment. Under this article amendments have been proposetl
by two-thirds of both Houses of Congress, and have been "ratified by
the legi.slatures of three-fourths of the several States," and liave conse-
quently become parts of the Constitution. To this process the country
is indebted for the clause prohibiting Congress from passing any law re-
s|)ecting an establishment of religion or abridging the freedom of si>eech
or of the press or of the right of petition. To this we are also indebtcil
for the bill of rights which secures the people against any abuse of i«)wcr
l)y the Federal Govennnent. Such were the apprehensions justly enter-
tained by the friends of State rights at that i)eriod as to have renclcretl
it extremely doubtful whether the Constitution could have long snrvived
without those amendments.

Again the Constitution was amended by the same process, after the
election of President Jefferson by the Hou.se of Representatives, in Feb-
ruary, 1.S03. This amendment was rendere<l necessary to prevent a re-
currence of the dangers which had seriously threatened the existence of

638 Messages and Papers of the Preside?its

the Government during the i:>endency of that election. The article for
its own amendment was intended to secure the amicable adjustmeiit of
conflicting constitutional questions like the present wliicli might arise
between the governments of the States and that of the United States.
This appears from contemporaneous history. In this connection I shall
merely call attention to a few sentences in Mr. Madison's justly cele-
brated report, in 1799, to the legislature of Virginia. In this he ably
and conclusively defended the resolutions of the preceding legislature
against the strictures of several other State legislatures. These were
mainly founded upon the protest of the Virginia legislature against the
' ' alien and sedition acts, " as " palpable and alarming infractions of the
Constitution." In pointing out the peaceful and constitutional reme-
dies— and he referred to none other — to whidi the States were author-
ized to resort on such occasions, he concludes by saying that —

The legislatures of the States might have made a direct representation to Congress
with a view to obtain a rescinding of the two offensive acts, or they might have rep-
resented to their respective Senators in Congress their wish that two-thirds thereof
would propose an explanatory amendment to the Constitution; or two-thirds of them-
selves, if such had been their option, might by an application to Congress have
obtained a convention for the same object.

This is the very course which I earnestly recommend in order to obtain
an "explanatory amendment" of the Constitution on the subject of .slav-
ery. This might originate with Congress or the State legislatures, as
may be deemed most advisable to attain the object. The explanatory
amendment might be confined to the final settlement of the true con-
struction of the Constitution on three special points:

1. An express recognition of the right of property in slaves in the
States where it now exists or maj^ hereafter exist.

2. The duty of protecting this right in all the common Territories
throughout their Territorial existence, and initil they shall be admitted
as States into the Union, with or without slavery, as their constitutions
may prescribe.

3. A like recognition of the right of the master to have his slave who
has escaped from one State to another restored and ' ' delivered up " to
him, and of the validity of the fugitive-.slave law enacted for this pur-
pose, together with a declaration that all State laws impairing or defeat-
ing this right are violations of the Constitution, and are consequently
null and void. It may be objected that this construction of the Consti-
tution has already been settled by the Supreme Court of the United
States, and what more ought to be required? The answer is that a very
large proportion of the people of the United States .still contest the cor-
rectness of this deci.sion, and never will cea.se from agitation and admit
its binding force until clearly established by the people of the several
States in their .sovereign character. Such an explanatory amendment
would, it is believed, forever terminate the existing dissensions, and
restore peace and harmony among the States.

James Buchanan 639

It ought not to be doubted that such an appeal to the arliitrament
estabhshed by the Constitution itself would be received with favor by
all the States of the Confederacy. In any event, it ought to be tried in
a spirit of conciliation before any of these States shall separate them-
selves from the Union.

When I entered upon the duties of the Presidential office, the aspect
neither of our foreign nor domestic affairs was at all satisfactory. We
were involved in dangerous complications with several nations, and two
of our Territories were in a state of revolution against the Government.
A restoration of the African slave trade had numerous and powerful
advocates. Unlawful military expeditions were countenanced by many
of our citizens, and were suffered, in defiance of the efforts of the Govern-
ment, to escape from our shores for the purjx)se of making war upon the
unoffending people of neighboring republics with whom we were at peace.
In addition to these and other difficulties, we experienced a revulsion in
monetary affairs soon after my advent to power of unexampled .severity
and of ruinous con.sequences to all the great interests of the country.
When we take a retrospect of what was then our condition and contrast
this with its material prosperity at the time of the late Presidential elec-
tion, we have abundant reason to return our grateful thanks to that
merciful Providence which has never forsaken us as a nation in all our
past trials.

Our relations with Great Britain are of the most friendly character.
Since the commencement of my Administration the two dangerous ques-
tions arising from the Clayton and Bulwer treaty and from the right of
search claimed by the British Government have been amicably and hon-
orably adju.sted.

The discordant constructions of the Clayton and Bulwer treaty between
the two Governments, which at different periods of the discussion bore a
threatening aspect, have resulted in a final settlement entirely satisfactory
to this Government. In my last annual mes.sage I informed Congress
that the British Govennnent had not then "completed treaty arrange-
ments with the Republics of Honduras and Nicaragua in pursuance of
the understanding between the two Governments. It is, nevertheless,
confidently expected that this good work will ere long l)e accomiilished."
This confident expectation has since been fulfilled. Her Britannic Maj-
esty concluded a treaty with Honduras on the 28th Xoveml)er, 1S59, and
with Nicaragua on the 28th Augu.st, i860, relinquishing the Mo.^quito
I^rotectorate. Besides, by the former the Ba% Islands are recognized as
a part of the Republic of Honduras. It may be ol)served that the stipula-
tions of the.se treaties conform in every im])<)rtant particular to the amend
ments adopted by the vSenate of the United .States to the treaty concluded
at London on the 17th Octol)er. 1S56, between the two Governments. It
will Ik- recx)llected that this treaty was rejected by the British Govern-
ment Ix.'cau.se of its objection to the just and important amendment of

640 Messages and Papers of the Presidents

the Senate to the article relating to Ruatan and the other islands in the
Bay of Honduras.

It must be a source of sincere satisfaction to all classes of our fellow-
citizens, and especially to those engaged in foreign commerce, that the
claim on the part of Great Britain forcibly to visit and search American
merchant vessels on the high seas in time of peace has been abandoned.
This was by far the most dangerous question to the peace of the two
countries which has existed since the War of 18 12. Whilst it remained
open they might at any moment have been precipitated into a war. This
was rendered manifest by the exasperated state of public feeling through-
out our entire country produced by the forcible search of American mer-
chant vessels by British cruisers on the coast of Cuba in the spring of
1858. The American people hailed with general acclaim the orders
of the Secretary of the Navy to our naval force in the Gulf of Mexico
' ' to protect all vessels of the United States on the high seas from search
or detention by the ves.sels of war of any other nation. ' ' These orders
might have produced an immediate collision between the naval forces of
the two countries. This was most fortunately prevented by an appeal
to the justice of Great Britain and to the law of nations as expounded by
her own most eminent jurists.

The only question of any importance which still remains open is the
disputed title between the two Governments to the island of San Juan, in
the vicinity of Washington Territor3\ As this question is still under
negotiation, it is not deemed advisable at the present moment to make
any other allusion to the subject.

The recent visit of the Prince of Wales, in a private character, to the
people of this country has prov^ed to be a most auspicious event. In its
consequences it can not fail to increase the kindred and kindly feelings
which I trust may ever actuate the Government and people of both
countries in their political and social intercourse with each other.

With France, our ancient and powerful all}-, our relations continue to
be of the most friendly character. A decision has recently been made by
a French judicial tribunal, with the approbation of the Imperial Govern-
ment, which can not fail to foster the sentiments of mutual regard that
have so long existed between the two countries. Under the French law
no person can ser\-e in the armies of France unless he be a French citizen.
The law of France recognizing the natural right of expatriation, it fol-
lows as a necessary consequence that a Frenchman by the fact of having
become a citizen of the United States has changed his allegiance and has
lost his native character. He can not therefore be compelled to serve in
the French armies in case he should return to his nativ^e country. These
principles were announced in 1852 by the French minister of war, and in
two late cases have l^een confirmed by the French judiciary. In these, two
natives of France have been discharged from the French army because
they had become American citizens. To employ the language of our pres-

James Buchanan 641

ent minister to France, who has rendered g(X)d service on this occasion,
"I do not think our French naturalized fellow-citizens will hereafter
experience much annoyance on this subject."

I venture to predict that the time is not far distant when the other
continental powers will adopt the same wise and just policy which has
done so much honor to the enlightened Government of the Emperor. In
any event, our Government is bound to protect the rights of our natural-
ized citizens everywhere to the same extent as though they had drawn
their first l^reath in this country. We can recognize no distinction be-
tween our native and naturalized citizens.

Between the great Empire of Russia and the United States the mutual
friend.ship and regard which has so long existed still continues to pre-
vail, and if jxjssible to increase. Indeed, our relations with that Empire
are all that we could desire. Our relations with Spain are now of a more
complicated, though le,ss dangerous, character than they have been for
many years. Our citizens have long held and continue to hold numer-
ous claims against the Spanish Government. These had been abl\- urged
for a series of years by our .successive diplomatic representatives at Mad-
rid, but without obtaining redress. The Spanish Government finally
agreed to institute a joint connni.ssion for the adjustment of these claims,
and on the 5th day of March, i860, concluded a convention for this pur-
po.se with our present mini.ster at Madrid.

Under this convention what have been denominated the "Cuban
claims," amounting to $128,635.54, in which more than 100 of our fel-
low-citizens are interested, were recognized, and the Spanish Ciovern-
ment agreed to pay $100,000 of this amount "within three months
following the exchange of ratifications." The payment of the remain-
ing $28,635.54 was to await the decision of the connnissioners for or
again.st the Amistad claim; Init in any event the balance was to l)e
paid to the claimants either by Spain or the United States. These
terms. I have every reason to know, are highly satisfactory to the hold-
ers of the Cuban claims. Indeed, they have made a formal offer author-
izing the State Department to .settle these claims and to deduct the
amount of the Amistad claim from the sums which they are entitled to
receive from Spain. This offer, of course, can not l)e accepted. All other
claims of citizens of the United vStates against vSpain, or the .subjects of
the f)ueen of Sjjain against the United vStates, including the Amistad
claim, were l)y this convention referred to a board of commissioners in
the usual form. Neither the validity t)f the Amistad claim nor of any
other claim again.st either party, with the single exception of the Cul)an
claims, was recognized by the convention. Indeed, the vSpanisli ( lovern-
ment did not insist that the validity of the Amistad claim should be thus
recognized, notwithstanding its payment had l)een reconunended to Con-
gress by two of my predeces.sors, as well as l)y myself, and an apjiropria-
tion for that pur|X).se had passed the vSenate of the United vStates.
M P — VOL, v— 41

642 iMessagcs and Papers of the Presidents

They were content that it should be submitted to the board for exam-
ination and decision hke the other claims. Both Governments were
bound respecti\ely to pay the amounts awarded to the several claimants
' ' at such times and places as may be fixed by and according to the tenor
of said awards. ' '

I transmitted this convention to the Senate for their constitutional
action on the 3d of May, i860, and on the 27th of the succeeding June
they determined that they would ' ' not advise and consent ' ' to its ratifi-
cation.

These proceedings place our relations wnth Spain in an awkward and
embarrassing position. It is more than probable that the final adjust-
ment of these claims will devolve upon my successor.

I reiterate the recommendation contained in my annual message of
December, 1858, and repeated in that of December, 1859, in favor of the
acquisition of Cuba from vSpain by fair purcha.se. I firmly l^elieve that
such an acquisition w^ould contribute essentially to the well-being and
prosperity of both countries in all future time, as well as prove the cer-
tain means of immediately abolishing the African slave trade throughout
the world. I would not repeat this recommendation upon the present
occasion if I believed that the transfer of Cuba to the United States upon
conditions highly favorable to Spain could justly tarnish the national
honor of the proud and ancient Spanish monarchy. Surely no person
ever attributed to the first Napoleon a disregard of the national honor of
France for transferring L,ouisiana to the United States for a fair equiva-
lent, both in money and commercial advantages.

With the Emperor of Austria and the remaining continental powers of
Europe, including that of the Sultan, our relations continue to be of the
most friendly character.

The friendly and peaceful policy pursued by the Government of the
United States toward the Empire of China has produced the most sat-
isfactory results. The treaty of Tien-t.sin of the i8tli June, 1858, has
been faithfully observed by the Chinese authorities. The convention of
the 8th November, 1858, supplementary to this treaty, for the adjustment
and sati.sfaction of the claims of our citizens on China referred to in my
last annual message, has been already carried into efi'ect .so far as this
was practicable. Under this convention the sum of 500,000 taels, equal
to about $700,000, was stipulated to be paid in satisfaction of the claims
of American citizens out of the one-fifth of the receipts for tonnage,
import, and export duties on American vessels at the ports of Canton,
Shanghai, and Fucliau, and it was "agreed that this amount shall be in
full liquidation of all claims of American citizens at the various ports
to this date." Debentures for this amount, to wit, 300,000 taels for
Canton, 100,000 for Shanghai, and 100,000 for Fuchau, were delivered,
according to the terms of the convention, by the respective Chinese col-
lectors of the customs of the.se ports to the agent selected by our minister

James Buchanan 643

to receive the same. Since that time the claims of our citizens have been
adjusted by the board of commissioners appointed for that purpose under
the act of March 3, 1859, and their awards, which proved satisfactory
to the claimants, have been approved by our minister. In the aggregate
they amount to the sum of $498,694.78. The claimants have already
received a large proportion of the sums awarded to them out of the fund
provided, and it is confidently expected that the remainder will ere long
be entirely paid. After the awards shall have been satisfied there will
remain a surplus of more than $200,000 at the disposition of Congress.
As this will, in equity, belong to the Chinese Government, would not
justice require its appropriation to some benevolent object in which the
Chinese may te specially interested?

Our minister to China, in obedience to his instructions, has remained
perfectly neutral in the war between Great Britain and France and the
Chinese Empire, although, in conjunction with the Russian minister, he
was ever ready and willing, had the opportunity offered, to employ his
good offices in restoring peace between the parties. It is but an act of
simple justice, both to our present minister and his predecessor, to state
that they have proved fully equal to the delicate, trying, and responsible
positions in which they have on different occasions been placed.

The ratifications of the treaty with Japan concluded at Yeddo on the
29th July, 1858, were exchanged at Washington on the 22d May last,
and the treaty itself was proclaimed on the succeeding day. There is
good reason to expect that under its protection and influence our trade
and intercourse with that distant and interesting people will rapidly
increase.

The ratifications of the treaty were exchanged with unusual solem-
nity. For this purpose the Tycoon had accredited three of his most
distinguished subjects as envoys extraordinary and ministers plenij^x)-
tentiary, who were received and treated with marked distinction and
kindness, lx)th by the Government and people of the I"^nited States.
There is ever>' rea.son to Ix^lieve that they have returned to their native
land entirely satisfied with their visit and inspired by the most friendly
feelings for our countr}'. Let us ardently hojx', in tlie language of the
treaty itself, that "there .shall henceforward l)e periK'tual ]>cace and
friendship Ijetween the United States of America and His Majesty tlie
Tyaxm of Japan and his successors. ' '

With the wise, conservative, and liberal (lovernment of the I'jn])ire of
Brazil our relations continue to l)e of the most amicable character.

The exchange (jf the ratifications of tlie convention with the Republic
of New Granada signed at Wa.shington on the loth of vSepteinl)er, 1S57,
has lieen long delayed from accidental causes for which neither party
is cen.surable. These ratifications were duly exchanged in this city on
the 5th of Noveml)er last. Thus has a controversy l)een amicably ter-
minated which had become .so .serious at the jK'riod of my inauguration

644 Afc'ssagcs and Papers of the Presidetits

as to require me, on the 17th of April, 1857, to direct our minister to
demand his passports and return to the United States.

Under this convention the Government of New Granada has specially
acknowledged itself to be responsible to our citizens ' ' for damages which
were caused by the riot at Panama on the i5tli April, 1856." These
claims, together with other claims of our citizens which had been long
urged in vain, are referred for adjustment to a board of commissioners.
I submit a copy of the convention to Congress, and recommend the leg-
islation necessary to carry it into effect.

Pensevering efforts have been made for the adjustment of the claims of
American citizens against the Government of Costa Rica, and I am happy
to inform you that these have finally prevailed. A convention was
signed at the city of San Jose on the 2d July last, between the minister
resident of the United States in Costa Rica and the plenipotentiaries of
that Republic, referring these claims to a board of commissioners and
providing for the payment of their awards. This convention will be
submitted immediately to the Senate for their constitutional action.

The claims of our citizens upon the Republic of Nicaragua have not
yet been provided for by treaty, although diligent efforts for this purpose
have been made by our minister resident to that Republic. These are
still continued, with a fair prospect of success.

Our relations with Mexico remain in a most un.satisfactory condition.
In m}' last two annual messages I di.scussed extensively the subject of
these relations, and do not now propose to repeat at length the facts and
arguments then presented. They proved conclusiv^ely that our citizens
residing in Mexico and our merchants trading thereto had suffered a
series of wrongs and outrages such as we have never patiently borne
from any other nation. For these our successive ministers, invoking the
faith of treaties, had in the name of their country persistently demanded
redress and indemnification, but without the slightest effect. Indeed, .so
confident had the Mexican authorities become of our patient endurance
that they universally believed they might commit these outrages upon
American citizens with absolute impunity. Thus wrote our minister in
1856, and expressed the opinion that "nothing but a manifestation of
the power of the Gov^ernnient and of its purpose to punish the.se wrongs
will avail."

Afterwards, in 1857, came the adoption of a new constitution for
Mexico, the election of a President and Congress under its provisions,
and the inauguration of the President. Within one short month, how-
ever, this President was expelled from the capital by a rebellion in the
armj^ and the supreme power of the Republic was a.s.signed to General
Zuloaga. This usurper was in his turn soon compelled to retire and
give place to General Miramon.

Under the constitution which had thus l^een adopted Seiior Juarez, as
chief justice of the supreme court, became the lawful President of the

Jaines Buchanan 645

Republic, and it was for the maintenance of the constitution and his
authority derived from it that the civil war commenced and still con-
tinues to be prosecuted.

Throughout the year 1858 the constitutional party grew stronger and
stronger. In the previous history of Mexico a successful military rev-
olution at the capital had almost universally been the .signal for submis-
sion throughout the Republic. Not so on the present occasion. A
majority of the citizens j^ersistently sustained the constitutional Govern-
ment. When this was recognized, in April, 1859, by the Government of
the United States, its authority extended over a large majority of the
Mexican States and people, including Vera Cruz and all the other im-
portant seaports of the Republic. From that period our commerce with
Mexico began to revive, and the constitutional Go\'ernment has afforded
it all the protection in its power.

Meanwhile the Govenunent of Miramon still held sway at the capital
and over the surrounding country, and continued its outrages against
the few American citizens who still had the courage to remain within its
power. To cap the climax, after the battle of Tacubaya, in April, 1859,
General Marquez ordered three citizens of the United States, two of
them physicians, to be seized in the hospital at that place, taken out and
shot, without crime and without trial. This was done, notwithstand-
ing our luifortunate countrymen were at the moment engaged in the
holy cause of affording relief to the soldiers of both parties who had
been wounded in the battle, without making any distinction between
them.

The time had arrived, in my opinion, when this Government was
Ixiund to exert its ]X)wer to avenge and redress the wrongs of our citi-
zens and to afford them protection in Mexico. The interposing ol)stacle
was that the portion of the countrN' under the sway of Miramon could
not lie reached without passing over territory inulcr the juri.sdiction of
the constitutional Government. Under these circumstances I deemed
it my duty to reconnnend to Congress in my last annual message the
employment of a sufficient military force to penetrate into the interior,
where the Government of Miramon was to be found, with or, if need l)c,
without the consent of the Juarez Government, though it was not doubted
that this consent ctmld l)e obtained. Never have I had a clearer convic-
tion on any subject than of the justice as well as wisdom of .such a ]i<)licy.
No other alternative was left excej^t the entire abandonment of our
fellow-citizens who had gone to Mexico under the faith of treaties to the
.systematic inju.stice, cruelty, and opjiression of Miramon's Government.
Besides, it is almost certain that the simple authority to em])loy this force
would of itself have accomplished all our objects without striking a .single
blow. The constitutional Government would then ere tliis have been
estal)lishcd at the City of Mexico, and woiild have l)cen ready and will-
ing to the extent of its ability to do us ju.stice.

646 Messages and Papers of the Presidents

In addition — and I deem this a most important consideration — Euro-
pean Governments would have been deprived of all pretext to interfere
in the territorial and domestic concerns of Mexico. We should thus
have been relieved from the obligation of resisting, even by force should
this become necessary, any attempt by these Governments to deprive our
neighboring Republic of portions of her territory — a duty from which
we could not shrink without abandoning the traditional and established
policy of the American people. I am happy to observe that, firmly rely-
ing upon the justice and good faith of these Governments, there is no
present danger that such a contingency will happen.

Having discovered that my recommendations would not be sustained
by Congress, the next alternative was to accomplish in some degree, if
possible, the same ol:)jects by treaty stipulations with the constitutional
Government. Such treaties were accordingly concluded ]:)y our late able
and excellent minister to Mexico, and on the 4th of January last were
submitted to the Senate for ratification. As these have not yet received
the final action of that body, it would be improper for me to present
a detailed statement of their provisions. Still, I may be permitted to
express the opinion in advance that they are calculated to promote the
agricultural, manufacturing, and commercial interests of the country
and to secure our just influence with an adjoining Republic as to whose
fortunes and fate we can never feel indifferent, whilst at the same time
they provide for the paj'ment of a considerable amount toward the satis-
faction of the claims of our injured fellow-citizens.

At the period of my inauguration I was confronted in Kansas by a rev-
olutionary government existing under what is called the ' ' Topeka consti-
tution. ' ' Its avowed object was to subdue the Territorial government by
force and to inaugurate what was called the ' ' Topeka government ' ' in
its stead. To accomplish this object an extensive militarj' organization
was formed, and its command intrusted to the most violent revolutionary
leaders. Under these circumstances it became my imperative duty to
exert the whole constitutional power of the Executive to prevent the
flames of civil war from again raging in Kansas, which in the excited
state of the public mind, both North and South, might have extended
into the neighlx)ring States. The hostile parties in Kansas had been
inflamed against each other by emissaries both from the North and the
South to a degree of malignity without parallel in our history. To pre-
vent actual collision and to assist the civil magi.strates in enforcing the
laws, a strong detachment of the Arm}' was stationed in the Territory',
ready to aid the marshal and his deputies when lawfully called upon as
a posse comilattis in the execution of civil and criminal process. Still, the
troubles in Kansas could not have been permanently settled without an
election by the people.

The ballot box is the surest arbiter of disputes among freemen. Under
this conviction every proper effort was emploj'ed to induce the hostile

James Buchanan 647

parties to vote at the election of delegates to frame a State constitution,
and afterwards at the election to decide whether Kansas should be a
slave or free State.

The insurgent party refused to vote at either, lest this might be
considered a recognition on their part of the Territorial government
established by Congress. A better spirit, however, seemed soon after to
prevail, and the two parties met face to face at the third election, held
on the first Monday of January, 1858, for members of the legislature and
State officers under the Lecompton constitution. The result was the
triumph of the antislavery party at the polls. This decision of the bal-
lot box proved clearly that this party were in the majority, and removed
the danger of civil war. From that time we have heard little or noth-
ing of the Top)eka government, and all serious danger of revolutionary
troubles in Kansas was then at an end.

The Ivecompton constitution, which had l)een thus recognized at this
State election by the votes of lx)th political parties in Kansas, was trans-
mitted to me with the request that I should present it to Congress. This
I could not have refused to do without violating my clearest and strong-
est convictions of duty. The constitution and all the proceedings which
preceded and followed its formation were fair and regular on their face.
I then believed, and experience has proved, that the interests of the peo-
ple of Kan.sas would have been best consulted by its admission as a State
into the Union, es|>ecially as the majority within a brief period could
have amended the constitution according to their will and pleasure. If
fraud existed in all or any of these proceedings, it was not for the Presi-
dent but for Congress to investigate and determine the question of fraud
and what ought to l)e its consequences. If at the first two elections the
majority refused to vote, it can not l)e pretended that this refusal to
exerci.se the elective franchise could invalidate an election fairly held
under lawful authority, even if they had not sul)sequcntly voted at the
third election. It is true that the whole constitution had not been sub-
mitted to the people, as I always desired; but the ])recedents are numer-
ous of the admission of vStates into the llnion without such submission.
It would not comj)ort with my present ])ur])ose to review the ])roceedings
of Congress \\\>o\\ the I^ecompton constitution. It is sufficient to ob.ser\'e
that their final action has removed the last vestige of .serious revolu-
tionary troubles. The desix?rate band recently assembled under a noto-
rious outlaw in the southern ]>ortion of the Territory to resist the execution
of the laws and to ])lunder jK'aceful citizens will, I doubt not. be s]>eedily
subdued and brought to justice.

Had I treated the Lecompton constitution as a nullity and refused to
tran.smit it to Congress, it is not difficult to imagine, whilst recalling the
position of the country at that moment, what would have Ken the dis-
astrous con.se((Uences, Ixith in and out of the Territory, from such a dere-
liction of duty on the part of the ICxecuti\e.

648 Mrssages and Papers of the Presidents

Peace has also l^een restored within the Territory of Utah, which at the
commencement of my Administration was in a state of open rebelhon.
This was the more dangerous, as the people, animated by a fanatical
spirit and intrenched within their distant mountain fastnesses, might
have made a long and formidable resistance. Cost what it might, it
was necessary to bring them into subjection to the Constitution and the
laws. Sound policy, therefore, as well as humanity, required that this
object should if possible be accomplished without the effusion of blood.
This could only be effected by sending a military force into the Territory
sufhcientl}' strong to convince the people that resistance w'ould be hope-
less, and at the same time to offer them a pardon for past offenses on
condition of immediate submission to the Government. This policy
was pursued with eminent success, and the only cause for regret is the
heavy expenditure required to march a large detachment of the Army
to that remote region and to furnish it subsistence.

Utah is now comparatively peaceful and quiet, and the military force
has been withdrawn, except that portion of it necessary to keep the Indians
in check and to protect the emigrant trains on their way to our Pacific
possessions.

In my first annual message I promi.sed to employ my best exertions in
cooperation with Congress to reduce the expenditures of the Government
within the limits of a wise and judicious econoni}-. An overflowing Treas-
ury had produced habits of prodigality and extravagance which could
only be gradually corrected. The work required both time and patience.
I applied myself diligently to this task from the beginning and was aided
by the able and energetic efforts of the heads of the different Executive
Departments. The result of our labors in this good cause did not appear
in the sum total of our expenditures for the first two years, mainlj' in
consequence of the extraordinary expenditure necessarily incurred in the
Utah expedition and the very large amount of the contingent expen.ses
of Congress during this period. These greatly exceeded the pay and mile-
age of the members. For the 3'ear ending June 30, 1858, whil.st the pay
and mileage amounted to $1,490,214, the contingent expenses rose to
$2,093,309.79; and for the year ending June 30, 1859, whilst the pay
and mileage amounted to $859,093.66, the contingent expenses amounted
to $1,431,565.78. I am happy, however, to be able to inform 3'ou that
during the last fiscal year, ending June 30, i860, the total expenditures
of the Government in all its branches — legislative, executive, and judi-
cial— exclusive of the public debt, were reduced to the sum of $55,402,-
465.46. This conclusively appears from the books of the Treasury. In
the 3'ear ending June 30, 1858, the total expenditure, exclusive of the
public debt, amounted to $71,901,129.77, and that for the year ending
June 30, 1859, to $66,346,226.13. Whilst the books of the Treasury
show an actual expenditure of $59,848,474.72 for the year ending June
30, i860, including $1,040,667.71 for the contingent expenses of Con-

James Biichanayi 649

gress, there must be deducted from this amount the sum of $4,296,009.26,
with the interest upon it of $150,000, appropriated by the act of Febru-
ary 15, i860, "for the purpose of supplying the deficiency in the revenues
and defraying the expenses of the Post-Office Department for the year
ending June 30, 1859." This sum, therefore, justly chargeable to the
year 1859, must be deducted from the sum of $59,848,474.72 in order to
ascertain the expenditure for the year ending June 30, i860, which leaves
a balance for the expenditures of that year of $55,402,465.46. The inter-
est on the public debt, including Treasury notes, for the same fiscal year,
ending June 30, i860, amounted to $3,177,314.62, which, added to the
alx)ve sum of $55,402,465.46, makes the aggregate of $58,579,780.08.

It ought in justice to be obser\'ed that several of the estimates from
the Departments for the year ending June 30, i860, were reduced by
Congress l)elow what was and still is deemed compatible with the public
interest. Allowing a liberal margin of $2,500,000 for this reduction and
for other cau.ses, it may be safely asserted that the .sum of $61,000,000.
or, at the mo.st, $62,000,000, is amply sufficient to administer the Govern-
ment and to pay the interest on the public debt, unless contingent events
should hereafter render extraordinary expenditures necessary.

This result has been attained in a considerable degree by the care exer-
cised by the appropriate Departments in entering into pul)lic contracts.
I have myself never interfered with the award of ain" such contract, ex-
cept in a single ca.se, with the Colonization Society, deeming it advi.sable
to cast the whole responsibility in each case on the proper head of the
Department, with the general instruction that these contracts should
always be given to the lowest and l)e.st bidder. It has ever been my
opinion that public contracts are not a legitimate source of patronage to
be conferred upon personal or political favorites, Init that in all .such
cases a public officer is l)Ound to act for the (lovenunent as a i)rudent
individual would act for himself.

It is with great .satisfaction I communicate the fact that since the date
of my la-st annual message not a single .slave has l)een imjKJrted into the
United States in violation of the laws prohibiting the African slave trade.
This statement is founded u|X)n a thorough examination and investiga-
tion of the subject. Indeed, the S])irit which jirevailed some time .since
among a portion of our fellow-citizens in favor of this trade seems to
have entirely .subsided.

I also congratulate you ujxmi the ]niblic .^lUiment which now exists
against the crime of setting on foot military exjK-ditions witliin the
limits of the United States to pnxreed from thence and make war ui>on
the peojile of unoffending States with whom we are at jKaoe. In this
resjiect a happy change has l)een effected since the connnenctinent «»f
my Administration. It surely ought to Ik* the jmiyer of every Christian
and patriot that such exjK'ditions may never again receive coiniteiiance
in our coiuUry or dci)art from oiir .shores.

650 Messages and Papers of the Presidents

It would be a useless repetition to do more than refer with earnest
commendation to my former recommendations in favor of the Pacific
railroad; of the grant of power to the President to employ the naval
force in the vicinity for the protection of the lives and property of our
fellow-citizens passing in transit over the different Central American
routes against sudden and lawless outbreaks and depredations, and also
to protect American merchant vessels, their crews and cargoes, against
violent and unlawful seizure and confiscation in the ports of Mexico and
the South American Republics when these may be in a disturbed and
revolutionary condition. It is ni}- settled conviction that without such a
power we do not afford that protection to those engaged in the commerce
of the country which they have a right to demand.

I again recommend to Congress the passage of a law, in pursuance
of the provisions of the Constitution, appointing a day certain previous to
the 4th March in each year of an odd number for the election of Repre-
sentatives throughout all the States. A similar power has already been
exercised, with general approbation, in the appointment of the same day
throughout the Union for holding the election of electors for President
and Vice-President of the United States. My attention was earnestly
directed to this subject from the fact that the Thirty-fifth Congress ter-
minated on the 3d March, 1859, without making the necessary appropri-
ation for the service of the Post-Office Department. I was then forced
to consider the be.st remedy for this omission, and an immediate call of
the present Congress was the natural resort. Upon inquiry, however, I
ascertained that fifteen out of the thirty-three States composing the Con-
federac)' were without Representatives, and that consequently these fif-
teen States would be disfranchised by such a call. These fifteen States
will be in the same condition on the 4th March next. Ten of them can
not elect Representatives, according to existing State laws, until different
periods, extending from the beginning of August next until the months
of October and November. In my last message I gave warning that in
a time of sudden and alarming danger the salvation of our institutions
might depend upon the power of the President immediately to assemble
a full Congress to meet the emergency.

It is now quite e\'ident that the financial necessities of the Govern-
ment will require a modification of the tariff during your present session
for the purpose of increasing the revenue. In this aspect, I desire to
reiterate the recommendation contained in my last two ainiual nies.sages
in favor of imposing specific instead of ad valorem duties on all imported
articles to which these can be properly applied. From long observation
and experience I am convinced that specific duties are necessary', both to
protect the revenue and to secure to our manufacturing interests that
amount of incidental encouragement which unavoidably results from a
revenue tariff.

James Buchanan 651

As an abstract proposition it may be admitted that ad valorem duties
would in theory be the most just and equal. But if the experience of
this and of all other commercial nations has demonstrated that such
duties can not be assessed and collected without great frauds upon the
revenue, then it is the part of wisdom to resort to specific duties. Indeed,
from the very nature of an ad valorem duty this must be the result.
Under it the inevitable consequence is that foreign goods will be entered
at less than their true value. The Treasury will therefore lose the duty
on the difference between their real and fictitious value, and to this extent
we are defrauded.

The temptations which ad valorem duties present to a dishonest im-
porter are irresistible. His object is to pass his goods through the
custom-house at the very lowest valuation necessary to save them from
confiscation. In this he too often succeeds in spite of the vigilance of
the revenue officers. Hence the resort to false invoices, one for the pur-
chaser and another for the custom-house, and to other expedients to
defraud the Government. The honest importer produces his invoice
to the collector, stating the actual jirice at which he purchased the
articles abroad. Not so the dishonest importer and the agent of the
foreign manufacturer. And here it may be observed that a very large
proportion of the manufactures imported from abroad are consigned for
sale to connnission merchants, who are mere agents employed by the
manufacturers. In .such ca.ses no actual sale has been made to fix their
value. The foreign maiuifacturer, if he lie dishonest, prepares an invoice
of the goods, not at their actual value, but at the very lowest rate neces-
sary to escape detection. In this manner the dishonest importer and the
foreign manufacturer enjoy a decided advantage over the honest mer-
chant. They are thus enaliled to undersell the fair trader and drive
him from the market. In fact the operation of this system has already
driven from the pursuits of honorable conunerce many of that class of
regular and conscientious merchants whose character throughout the
world is the pride of our country.

The remedy for these evils is to l^e found in .sjx'cific duties, so far as
this may lie practicable. They disjien.se with any inquiry at the cus-
tom-house into the actual cost or value of the article, and it pays the
precise amount of duty i>reviously fixed by law. They present no tetu])-
tations to the appraisers of foreign g(xxls, who receive but small sal-
aries, atid might by undervaluation in a few cases render tliemselves
indeiKMulent.

Besides, s|)ecific duties best conform to the requisition in the Constitu-
tion that "no preference .shall l>e given by any regulation of conunerce
or revenue to the ports of one State over tho.se of another. " Under our
ad valorem system such preferences are to some extent inevitable, and
complaints have often lx?en made that the spirit of this provision has

652 Messages and Papers of the Presidents

been violated b}^ a lower appraisement of the same articles at one port
than at another.

An impression strangeh' enough prevails to some extent that specific
duties are necessarih' protective duties. Nothing can be more fallacious.
Great Britain glories in free trade, and yet her whole revenue from
imports is at the present moment collected under a sj'stem of specific
duties. It is a striking fact in this connection that in the commercial
treaty of Januarj^ 23, i860, between France and England one of the arti-
cles provides that the ad valorem duties which it imposes shall be con-
verted into specific duties within six months from its date, and these are
to be ascertained by making an average of the prices for six months pre-
vious to that time. The reverse of the propositions would be nearer to
the truth, l^cause a much larger amount of revenue would be collected
b}^ merely converting the ad valot-em duties of a tariff into equivalent
specific duties. To this extent the revenue would be increased, and in
the same proportion the specific duty might be diminished.

Specific duties would secure to the American manufacturer the inci-
dental protection to which he is fairly entitled under a revenue tariff,
and to this surely no person would object. The framers of the exist-
ing tariff have gone further, and in a liberal spirit have discriminated in
favor of large and useful branches of our manufactures, not by raising
the rate of dut}' up>on the importation of similar articles from abroad, but,
what is the same in effect, by admitting articles free of dutj- which enter
into the composition of their fabrics.

Under the present system it has been often truly remarked that this
incidental protection decreases when the manufacturer needs it most and
increases when he needs it least, and constitutes a sliding scale which
always operates against him. The revenues of the countr>' are subject
to .similar fluctuations. Instead of approaching a steady standard, as
would be the case under a S}'stem of specific duties, they sink and rise
with the sinking and rising prices of articles in foreign countries. It
would not be difficult for Congress to arrange a system of specific duties
which would afford additional stability both to our revenue and our
manufactures and without injury or injustice to any interest of the
countr3^ This might be accomplished by ascertaining the average value
of any given article for a series of years at the place of exportation and
by simpl}' converting the rate of ad valorem dut}- upon it which might
|je deemed necessary for revenue purposes into the form of a specific
duty. Such an arrangement could not injure the consumer. If he
should pay a greater amount of dut}' one year, this would be counter-
balanced by a lesser amount the next, and in the end the aggregate
would be the same.

I desire to call your immediate attention to the present condition of the
Treasury, so ably and clearly presented by the Secretary in his report to

James Puchanan 653

Congress, and to recommend that measures be promptly adopted to enable
it to discharge its pressing obligations. The other recommendations of
the report are well worthy of your favorable consideration.

I herewith transmit to Congress the reports of the Secretaries of War,
of the Navy, of the Interior, and of the Postmaster-General. The recom-
mendations and suggestions which they contain are highly valuable and
deserve your careful attention.

The report of the Postmaster- General details the circumstances under
which Cornelius Vanderbilt, on my request, agreed in the month of July
last to carry the ocean mails between our Atlantic and Pacific coasts.
Had he not thus acted this important intercommunication nuist have
been suspended, at least for a season. The Postmaster- General had no
power to make him any other compensation than the postages on the
mail matter which he might carry. It was known at the time that these
postages would fall far short of an adecjuate com]x;nsation, as well as of
the sum which the same .service had previously cost the Government.
Mr. Vanderbilt, in a commendable spirit, was willing to rely ujxjn the
justice of Congress to make up the deficiency, and I therefore recom-
mend that an appropriation may be granted for this imrpose.

I should do great injustice to the Attf)rney-General were I to omit the
mention of his distinguished .services in the measures adopted and pro.se-
cuted by him for the defense of the Government against numerous and
unfounded claims to land in California purixjrting to have been made by
the Mexican Government previous to the treaty of cession. The suc-
cessful opposition to the.se claims has saved the United vStates public
projierty worth many millions of dollars and to individuals holding title
under them to at lea.st an equal amount.

It has l)een rei)resented to me from sources whicli I deem reliable
that the inhalMtants in .several portions of Kansas have l)een reduced
nearly tf) a .state of starvation on account of the almost total failure of
their crops, whilst the harvests in every other portion of the countrx-
have l)een abundant. The prospect before them for the ap])r(>aching
winter is well calculated to eidi.st the .sympathies of every heart. The
destitution ap])ears to l)e so general tliat it can not be relieved by pri-
vate contributions, and they are in such indigent circumstances as to l)e
inia1)le to i)urcha.sc the neces.s;iries of life for themsc-lves. I refer the
snbje-ct to Congress If any constitutional measure for their relief eaji
Ik- devised, I would reconunend its a(l<)i)tion.

I cordially conunend to Nour favorable regard the interests ot the
])eo])le of this District. They are eminently entitled to xour coiisidera
lion, e.si)ecially since, ludike the jK-ople of the States, they can ai)peal to
no government except that of the Union.

JAMICS HUCHAXAN.

654 Messages and Papers of the Presidents

SPECIAL MESSAGES.

Washington, December 5, i860.
To the Senate of the United States:

I transmit, for the consideration of the Senate with a view to ratifica-
tion, a convention for the adjustment of claims of citizens of the United
States against the Government of the Repubhc of Costa Rica, signed
by the plenijxjtentiaries of the contracting parties at San Jose on the 2d
day of July last.

JAMES BUCHANAN.

Washington, December 5, i860.
To t/ie House of Representatives:

In answer to the resolution of the Hou.se of Representatives of the 9th
of April last, requesting information concerning the African slave trade,
I transmit a report from the Secretary of State and the documents by
which it was accompanied.

JAMES BUCHANAN.

Washington, fanuary 2, 1861.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treat}- of amity, commerce, and navigation, and for the surrender
of fugitive criminals, between the United States and the Republic of Vene-
zuela, signed at Caracas on the 27th of August last.

A similar treaty was concluded on the loth July, 1856, was submitted to
the Senate, and was by a resolution of that body approved, with an amend-
ment, on the loth March, 1857. Before this amendment could be laid
before the Government of Venezuela for acceptance a new minister of
the United States was accredited to that Government. Meantime the
attention of this Government had been drawn to the disadvantage which
would result to our citizens residing in Venezuela if the .second article
of the treaty of 1856 were permitted to go into effect, the "pecuniary
equivalent ' ' for exemption from military duty being an arbitrary and
generally an excessive .sum. In view of this fact it was deemed prefer-
able to instruct our new minister to negotiate a new treaty which should
omit the objectionable .second article and also the few words of the twenty-
eighth article which had been stricken out by the vSenate.

With these changes, and with the addition of the la.st clau.se to the
twentj'-seventh article, the treaty is the .same as that already approved
by the Senate.

JAMES BUCHANAN.

James Buchatian 655

Washington City, Jattua?v S\ 1861.
To the Senate and House of Representatives:

At the opening of your present session I called your attention to the
dangers which threatened the existence of the Union. I expressed my
opinion freely concerning the original causes of those dangers, and rec-
ommended such measures as I believed would have the effect of tran-
quilizing the country and saving it from the peril in which it had been
needlessly and most unfortunately involved. Those opinions and rec-
ommendations I do not propose now to repeat. My own convictions
uix)n the whole subject remain unchanged.

The fact that a great calamity was impending over the nation was even
at that time acknowledged by every intelligent citizen. It had already
made itself felt throughout the length and breadth of the land. The nec-
essary consequences of the alarm thus produced were most deplorable.
The imports fell off with a rapidity never known before, except in time
of war, in the history of our foreign comnierce; the Treasury was unex-
pectedly left without the means which it had reasonably counted upon to
meet the public engagements; trade was paralyzed; maiuifactures were
.stopped; the l^est public securities suddenly sunk in the market; ever}'
.species of projx-rty depreciated more or less, and thousands of poor men
who depended upon their daily labor for their daily bread were turned
out of employment.

I deeply regret that I am not able to give you any information upon
the state of the Union which is more satisfactory than what I was then
obliged to connnunicate. On the contrary, matters are still wor.se at
present than the}' then were. When Congress met, a stronge hope per-
vaded the whole public mind that some amicable adjustment of the sub-
ject would si^eedily Ijc made by the representatives of the States and of
the i^eople which might restore i)eace Ixitween the conflicting .sections
of the country. That hope has been diminished by every hour of delay,
and as the prospect of a blo(xlless settlement fades away the public dis-
tress becomes more and more aggravated. As evidence of this it is only
neces.sary to .say that the Trea,sury notes authorize<l by the act of 17th of
I)ecemlx.'r last were advertised according to the law and that no respon-
sil)le bidder offered to take any considerable sum at ])ar at a k)\vcr rate of
interest than 12 jK-r cent. TVom these facts it appears that in a govern-
ment orgaiiized like ours domestic strife, or even a well-grounded fear of
civil ho.stilities, is more destructive to our ])ublic and private interests
than the most formidable f(jreign war.

In my annual mes.sage I expressed the conviction, which I have long
delil)erately held, and which recent reflection has only tended to deepen
and confirm, that no State has a right by its own act to .secede from the
T'nion or throw off its federal obligations at jileasure. I also declared
my opinion to l)e that even if that right existed and sliould be exercised by
any State of the Confederacy the executive department of this Government

656 Messages and Papers of the Presidents

had no authority under the Constitution to recognize its validity by
acknowledging the independence of such State. This left me no alterna-
tive, as the chief executive officer under the Constitution of the United
States, but to collect the public revenues and to protect the public prop-
erty so far as this might be practicable under existing laws. This is
still my purpose. My province is to execute and not to make the laws.
It belongs to Congress exclusively to repeal, to modify, or to enlarge
their provisions to meet exigencies as they may occur. I possess no
dispensing power.

I certainly had no right to make aggressive war upon any State, and
I am perfectly satisfied that the Constitution has wisely withheld that
power even from Congress. But the right and the duty to use military
force defensively against those who resist the Federal officers in the exe-
cution of their legal functions and against those who assail the property
of the Federal Government is clear and undeniable.

But the dangerous and hostile attitude of the States toward each other
has already far transcended and cast in the shade the ordinary executive
duties already provided for by law, and has assumed such vast and alarm-
ing proportions as to place the subject entirely above and beyond Execu-
tive control. The fact can not be disguised that we are in the midst of
a great revolution. In all its various bearings, therefore, I commend the
question to Congress as the only human tribu d under Providence pos-
sessing the power to meet the existing emergency. To them exclusively
belongs the power to declare war or to authorize the employment of
military force in all cases contemplated by the Constitution, and they
alone possess the power to remove grievances which might lead to war
and to secure peace and union to this distracted country. On them, and
on them alone, rests the responsibility.

The Union is a sacred trust left by our Revolutionary fathers to their
descendants, and never did any other people inherit so rich a legacy. It
has rendered us prosperous in peace and triumphant in war. The na-
tional flag has floated in glory over every sea. Under its shadow Ameri-
can citizens have found protection and respect in all lands l^eneath the
sun. If we descend to considerations of purely material interest, when
in the hi.story of all time has a confederacy been bound together by such
strong ties of mutual interest? Each portion of it is dependent on all
and all upon each portion for prosperity and domestic .security. Free
trade throughout the whole supplies the wants of one portion from the
productions of another and scatters wealth everywhere. The great plant-
ing and farming States require the aid of the commercial and navigating
States to send their productions to domestic and foreign markets and to
furnish the naval power to render their transportation secure against all
hostile attacks.

Should the Union perish in the midst of the present excitement, we
have already had a sad foretaste of the universal suffering which would

James Buchanan 657

result from its destruction. The calamity would l)e severe in every por-
tion of the Union and would be quite as great, to say the least, in the
Southern as in the Northern States. The greatest aggravation of the evil,
and that which would place us in the most unfavorable light both l^efore
the world and posterity, is, as I am firml>' convinced, that the secession
movement has been chiefly based upon a misapprehension at the South
of the sentiments of the majority in several of the Northern States. Let
the question Ix; transferred from political assemblies to the ballot box,
and the people themselves would speedily redress the serious grievances
which the South have suffered. But, in Heaven's name, let the trial be
made before we plunge into armed conflict upon the mere assumption
that there is no other alternative. Time is a great conservative power.
lyCt us pause at this momentous point and afford the people, both North
and South, an opportunity for reflection. Would that South Carolina
had been convinced of this truth before her precipitate action ! I there-
fore appeal through you to the people of the coinitry to declare in their
might that the Union must and shall be preserved l)y all constitutional
means. I most earnestly recommend that you devote yourselves exclu-
sively to the question how this can be accomplished in peace. All other
questions, when compared to this, sink into insignificance. The present
is no time for palliations. Action, prompt action, is required. A delay
in Congress to prescribe or to recommend a distinct and practical propo-
sition for conciliation may drive us to a point from which it will be
almost impossible to recede.

A connnon ground on which conciliation and harmony can be i^rfxluced
is surely not unattainable. The proposition to compromise l)y letting
the North have exclusive control of the territory alx)ve a certain line
and to give Southern institutions protection Ix^low that line ought to
receive universal approbation. In itself, indeed, it may not be entirely
satisfactory, but when the alternative is l)etween a rea.sonable concession
on both sides and a destruction of the Union it is an imjnitation u|X)n
the patrioti.sm of Congress to assert that its meml)ers will hesitate for a
moment.

Even now the danger is upon us. In several of the vStates which have
not yet seceded the forts, arsenals, and magazines of the United States
have lieen seized. This is by far the most serious step which has Ixx^n
taken since the conuuencement of the troubles. This public j)ro[)erty has
long Ixjen left without garrisons and tr<K)j)s for its ])rotccti()n. iK-cause
no i)ersOn doubted its .security under the flag of the country in any vState
of the I^nion. Besides, our small Army has scarcely l>een sufficient to
guard our remote frontiers against Indian incursions. The seizure of
this property, from all apjiearances, has lx;en purely aggressive, and not
in resistance to any attcni])t to coerce a vState or States to remain in the
I^nion.

At the Ijeginning of these unhappy troubles I determined that no act
M P— vol. v — 42

658 Messages and Papers of the Presidents

of mine should increase the excitement in either section of the country.
If the poHtical conflict were to end in a civil war, it was my determined
purpose not to commence it nor even to furnish an excuse for it by any
act of this Government. My opinion remains unchanged that justice as
well as sound policy requires us still to seek a peaceful solution of the
questions at issue between the North and the South. Entertaining this
conviction, I refrained even from sending reenforcements to Major Ander-
son, who commanded the forts in Charleston Harbor, until an absolute
necessity for doing so should make itself apparent, lest it might unjustly
be regarded as a menace of military coercion, and thus furnish, if not a
provocation, at least a pretext for an outbreak on the part of South Caro-
lina. No necessity for these reenforcements seemed to exist. I was
assured by distinguished and upright gentlemen of South Carolina that
no attack upon Major Anderson was intended, but that, on the contrary,
it was the desire of the State authorities as much as it was my own to
avoid the fatal con.sequences which must eventually follow a military
collision .

And here I deem it proper to submit for ^our information copies of a
communication, dated December 28, i860, addressed to me by R. W.
Barnwell, J. H. Adams, and James L. Orr, "commissioners" from South
Carolina, with the accompanying documents, and copies of my answer
thereto, dated December 31.

In further explanation of Major Anderson's removal from Fort Moul-
trie to Fort Sumter, it is proper to state that after my answer to the
South Carolina ' ' commissioners ' ' the War Department received a letter
from that gallant officer, dated on the 27th of December, i860, the day
after this movement, from which the following is an extract:

I will add as my opinion that many things convinced me that the authorities of
the State designed to proceed to a hostile act.

Evidently referring to the orders, dated December 1 1 , of the late Sec-
retar>' of War.

Under this impression I could not hesitate that it was my solemn duty to move
m}- command from a fort which we could not probably have held longer than forty-
eight or sixty hours to this one, where my power of resistance is increased to a very
great degree.

It will be recollected that the concluding part of these orders was in
the following terms:

The smallncss of your force will not permit 30U, perhaps, to occupy more than one
of the three forts, but an attack on or attempt to take possession of either one of them
will be regarded as an act of hostility, and you may then put your command into
either of them which you may deem most proper to increase its power of resistance.
You are also authorized to take similar defensive steps whenever you have tangible
evidence of a design to proceed to a hostile act.

It is said that serious apprehensions are to some extent entertained (in
which I do not share) that the peace of this District may be disturbed

James Buchanan 659

before the 4th of March next. In any event, it will be my duty to pre-
serve it, and this duty shall be performed.

In conclusion it may be permitted to me to remark that I have often
warned my countrymen of the dangers which now surround us. This
may be the last time I shall refer to the subject officially. I feel that my
duty has been faithfully, though it may be imperfectly, performed, and,
whatever the result may be, I shall carry to my grave the consciousness
that I at least meant well for my country.

JAMES BUCHANAN.

Washington, January 75, 1861.
To the Senate of the United States:

In compliance with the resolution of the Senate passed on the loth
instant, requesting me to inform that body, if not incompatible with the
public interest, "whether John B. Floyd, whose appointment as Secre-
tary of War was confirmed by the Senate on the 6th of March, 1857, still
continues to hold said office, and, if not, when and how said office became
vacant; and, further, to inform the Senate how and by whom the duties
of said office are now discharged, and, if an appointment of an acting or
provisional Secretary of War has been made, how, when, and by what
authority it was so made, and why the fact of said appointment has not
been conmuniicated to the Senate," I have to inform the Senate that
John B. Floyd, the late Secretary of the War Department, resigned that
office on the 29th day of December last, and that on the ist day of Janu-
ary instant Joseph Holt was authorized by me to perform the duties of
the said office initil a successor should Ix? appointed or the vacancy filled.
Under this authority the duties of the War Department have been per-
formed by Mr. Holt from the day last mentioned to the present time.

The power to carry on the business of the Gov'ernment by means of a
provisional appointment when a vacancy occurs is expressly given by the
act of February 13, 1795, which enacts —

That in ca.se of vacancy in tlic office of Secretary of State, vSecretary of the Treas-
ury, or of the Secretary of the Department f»f War, or of any officer of either of the
said Departments whose aj)]M>intment is nf)t in the head thereof, whereby they can
not iK-rform tlie <hities of their respective offices, it shall he lawful for the President
of the United States, in case he shall think it necessjiry, to authorize anv ])erson or
jH-rsons, at liis discretion, to perform the duties of the siiid resiH'ctive offices luitil a
successor In.- apjiointed or such vacancy l)e filled : Ptoridid^ That no one vacancy shall
l)e supplied in manner aforesiiid for a lonj^er jK-riod than six months.

It is manifest that if the jx)wer which this law gives had l)ecMi with-
held the public interest would frecjuently suffer very serious detriment.
Vacancies may occur at any time in the most important offices which
can not l>e immediately and jxjrmanently filled in a manner satisfactory
to the appointing iK)wer. It was wise to make a i)rovisioti which would
enable the President to avoid a total susjx^n.sion of business in the interval.

66o Messages and Papers of the Presidents

and equally wise so to limit the Executive discretion as to prevent any
serious abuse of it. This is what the framers of the act of 1 795 did, and
neither the jwlicy nor the constitutional validity of their law has l^een
questioned for sixty-five years.

The practice of makinjj such appointments, whether in a vacation or
during the session of Congress, has been constantly followed during
every Administration from the earliest period of the Government, and
its perfect lawfulness has never to my knowledge been questioned or
denied. Without going back further than the year 1829, and without
taking into the calculation anj- but the chief officers of the several Depart-
ments, it will be found that provisional appointments to fill vacancies
were made to the number of 179 from the commencement of General
Jackson's Administration to the close of General Pierce's. This num-
ber w-ould probably be greatly increased if all the cases which occurred
in the subordinate offices and bureaus were added to the count. Some
of them were made while the Senate was in session; some which were
made in vacation were continued in force long after the Senate assem-
bled. Sometimes the temporary officer was the commissioned head of
another Department, sometimes a subordinate in the same Department.
Sometimes the affairs of the Navy Department have been directed ad
interim hy a commodore and those of the War Department by a general.
In most, if not all, of the cases which occurred previous to 1852 it is be-
lieved that the compensation provided b}' law for the officer regularly com-
missioned was paid to the person who discharged the duties ad ititerij)i.
To give the Senate a more detailed and satisfactory view of the subject,
I send the accompanying tabular statement, certified by the Secretary of
State, in which the instances are all set forth in which provisional as
well as permanent appointments were made to the highest executive
offices from 1829 nearly to the present time, with their respective dates.

It must be allowed that these precedents, so numerous and so long
continued, are entitled to great respect, since we can scarceh' suppose
that the wise and eminent men by whom they were made could have
been mistaken on a point wdiich was brought to their attention so often.
Still less can it be supposed that any of them willfully violated the law
or the Constitution.

The lawfulness of the practice rests vipon the exigencies of the public
service, which require that the movements of the Government shall not
be arrested by an accidental vacancy in one of the Departments; upon an
act of Congress expressly and plainly giving and regulating the power,
and upon long and uninterrupted usage of the Executive, which has
never been challenged as illegal by Congress.

This answers the inquir\' of the Senate so far as it is necessary to show
"how and by whom the duties of said ofiice are now discharged." Nor
is it necessary to explain further than I have done "how, when, and by
what authority" the provisional appointment has been made; but the

James Buchanan 66i

resolution makes the additional inquiry ' ^'hy the fact of said appoint-
ment has not been communicated to the Senate. ' '

. I take it for granted that the Senate did not mean to call for the rea-
sons upon which I acted in performing an Executive duty nor to demand
an account of the motives which governed me in an act which the law
and the Constitution left to my own discretion. It is sufficient, therefore,
for that part of the resolution to say that a provisional or temporary
appointment like that in question is not required by law to Ixj comnumi-
cated to the Senate, and that there is no instance on record where such
communication ever has been made. TAMES BUCHANAN

Washington, January 22, 1861.
To the House of Representatives:

I herewith transmit to the House of Representatives a communica-
tion from the Secretary of the Navy, with accompanying reports, of the
persons who were sent to the Isthmus of Chiriqui to make the examina-
tions required by the fifth section of the act making appropriations for
the naval .service, approved June 22, i860.

JAMES BUCHANAN.

Washington, January 24., iS6r.
To the Senate of the United States:

In compliance with the re.solution of the Senate of the 19th instant,
requesting a copy of correspondence Ijetween the Department of State
and mini.sters of foreign powers at Washington in regard to foreign ves-
sels in Charleston, I transmit a re|X)rt from the Secretary of State and
the documents by which it was accompanied.

JAMES BUCHANAN.

Washington Citv, January 2S, 1S61.
To the Senate and House oj Representatives of the United States:

I deem it my duty to submit to Congress a series of resolutions adopted
by the legislature of Virginia on the r9th instant, having in view a |K'ace-
ful .settlement of the exciting (piestions which now threaten the Union.
They were delivered to me on Thursday, the 24th in.stant. l)y ex-Presi-
dent Tyler, who has left his dignified and honored retirement in the liope
that he may render .service to his country in this its hour of jK-ril. These
resolutions, it will l)e jKTceived, extend an invitation " to all such vStates,
whether .slaveholding or nonslaveholding, as are willing to unite with
\^irginia in an earnest effort to adjust the present tinha])i)y controversies
in the .spirit in which the Con.stitution was originally formed, and con-
sistently with its principles, .so as to afford to the jK-ople of the slavehold-
ing States adequate guaranties for the securities of their rights, to apinjint

662 Messages and Papers of the Presidents

commissioners to meet, on the 4tli day of February next, in the city of
Washington, similar commissioners appointed by Virginia, to consider
and, if practicable, agree upon some suitable adjustment."

I confess I hail this movement on the part of Virginia with great sat-
isfaction. From the past history of this ancient and renowned Common-
wealth we have the fullest assurance that what she has undertaken she
will accomplish if it can be done by able, enlightened, and persevering
efforts. It is highly gratifying to know that other patriotic States have
appointed and are appointing connnissioners to meet those of Virginia in
council. When assembled, thej- will constitute a body entitled in an
eminent degree to the confidence of the countr}'.

The general assembly of Virginia have also resolved —

That ex-President John Tyler is herebj- appointed, by the concurrent vote of each
branch of the general assembly, a commissioner to the President of the United States,
and Judge John Robertson is hereby appointed, by a like vote, a commissioner to
the State of South Carolina and the other States that have seceded or shall secede,
with instructions respectful!}' to request the President of the United States and the
authorities of such States to agree to abstain, pending the proceedings contemplated
by the action of this general assembly, from an}' and all acts calculated to produce
a collision of arms between the States and the Government of the United States.

However strong maj' be m}- desire to enter into such an agreement, I
am convinced that I do not possess the power. Congress, and Congress
alone, under the war-making power, can exercise the discretion of agree-
ing to abstain ' ' from an}- and all acts calculated to produce a collision of
arms ' ' between this and an}' other government. It would therefore be
a usurpation for the Executive to attempt to restrain their hands by an
agreement in regard to matters over which he has no constitutional con-
trol. If he were thus to act, they might pass laws which he should be
bound to obey, though in conflict with his agreement.

Under existing circumstances, my present actual power is confined
within narrow limits. It is my duty at all times to defend and protect
the public property within the seceding States so far as this may be prac-
ticable, and especially to employ all constitutional means to protect the
property of the United States and to preserve the public peace at this
the seat of the Federal Government. If the seceding States abstain
"from any and all acts calculated to produce a collision of arms," then
the danger so much to be deprecated will no longer exist. Defense,
and not aggression, has been the policy of the Administration from the
beginning.

But whilst I can enter into no engagement such as that proposed, I
cordially commend to Congress, with much confidence that it \^^ll meet
their approbation, to abstain from passing any law calculated to produce
a collision of arms pending the proceedings contemplated by the action
of the general assembly of \"irginia. I am one of those who will never
despair of the Republic. I yet cherish the belief that the American peo-
ple will perpetuate the Union of the States on some terms just and hon-

James Buchanan 663

orable for all sections of the country. I trust that the mediation of
Virginia may be the destined means, under Providence, of accomplish-
ing this inestimable benefit. Glorious as are the memories of her past
histor>', such an achievement, both in relation to her own fame and the
welfare of the whole country, would surpass them all.

JAMEvS BUCHANAN.

\V.\SHINGTON, ydf««an' JO, 1861.

To the Senate of the Lhiited States:

I have received the resolution of the Senate of the 24th instant, re-
questing the return to that body of the convention between the United
States and the Republic of Venezuela on the subject of the Aves Island.
That instrument is consequently herewith returned. It was approved by
the Senate on the 24th June last with the following amendment:

Article III: Strike out this article, in the following words:

In consideration of the above agreement and indemnification, the Government of
the United States and the individuals in whose behalf they have been made agree
to desist from all further reclamation respecting the island of Aves, abandoning to
the Republic of Venezuela whatever rights might pertain to them.

The amendment does not seem necessary to secure any right either
of the United States or of any American citizen claiming under them.
Neither the Government nor the citizens in whose behalf the conven-
tion has been concluded have any further claims upon the island of Aves.
Nor is it known or l^elieved that there are any claims against the Gov-
ernment of Venezuela having any connection with that island other than
those provided for in this convention. I therefore reconnnend the recon-
sideration of the subject.

No steps have yet Ix^en taken toward making known to the Venezuelan
Government the conditional approval of the convention by the Senate.
This might have l^een necessary if the instrument had stipulated for a
ratification in the usual form and it had been ratified accordingly. Inas-
much, however, as the convention contains no such stipulation, and as
some of the installments had lx?en paid according to its terms, it has l^een
deemed preferable to susi)end further prcxreedings in regard to it, espe-
cially as it was not deemed improbable that the vSenate might re(|Uest it
to be returned. This anticipation has been realized.

JAMICS lU'CHAXAX.

W.VSniNC.Tox, lubruary 5, 1S61 .
To the Senate ami House of Representatives:

I have received from the governor of Kentucky certain resolutions
adopted by the general assembly of that Coinmonwcaltli, containing an
application to Congress for the call of a convention for proj)osing atuend-
ments to the Constitution of the United vStates, with a retjuest that I
should immediately place the same iK'fore that Ixuly. It affords me great

654 Messages and Papers of the Presidents

satisfaction to perform this duty, and I feel quite confident that Congress
will bestow upon these resolutions the careful consideration to which
they are eminently entitled on account of the distinguished and patriotic
source from which they proceed, as well as the great importance of the
subject which they involve. ^^^^^ BUCHANAN.

Washington, Fcbrjiary S, iS6i .
To the Senate and Ho2(se of Represent at ives:

I deemed it a duty to transmit to Congress with my message of the 8th
of January the correspondence which occurred in December last l^etween
the "commissioners" of South Carolina and myself.

Since that period, on the 14th of January, Colonel Isaac W. Hayne, the
attorney-general of South Carolina, called and informed me that he was
the bearer of a letter from Governor Pickens to myself which he would
deliver the next day. He was, however, induced by the interposition of
Hon. Jefferson Davis and nine other Senators from the seceded and se-
ceding States not to deliver it on the day appointed, nor was it communi-
cated to me until the 31st of January, with his letter of that date. Their
letter to him urging this delay bears date January 15, and was the com-
mencement of a correspondence, the whole of which in my possession
I now submit to Congress. A reference to each letter of the series in
proper order accompanies this message. jAMES BUCHANAN.

Washington City, February 12, 1861.
To the Senate of the United States:

I herewith submit to the Senate, for their advice, the proceedings and
award of the commissioners under the convention between the United
States of America and the Republic of Paraguay, proclaimed by the
President on the 12th of March, i860. It is decided by the award of
these commissioners that ' ' the United States and Paraguay- Navigation
Company have not proved or established any right to damages upon their
said claim against the Government of the Republic of Paraguay, and
that upon the proofs aforesaid the said Government is not responsible to
the said company in any damages or pecuniary compensation whatever
in all the premises.

The question arises, Had the commissioners authority under the con-
vention to make such an award, or were the}' not confined to the assess-
ment of damages which the companj' had sustained from the Government
of Paraguay?

Our relations with that Republic had for years been of a most unsatis-
factor}- character. They had been investigated by the preceding and by
the present Administration. The latter came to the conclusion that
both the interest and honor of the countr>^ required that our rights
against that Government for their attack on the Water Witch and for

James Buchanan 665

the injuries they had inflicted on this company should, if necessary, be
enforced. Accordingly, the President in his annual message of Decem-
ber, 1857, called the attention of Congress to the subject in the following
language:

A demand for these purposes will be made in a firm but conciliatory spirit. This
will the more probably be granted if the Executive shall have authority to use other
means in the event of a refusal. This is accordingly recommended.

After due deliberation, Congress, on the 2d of June, 1858, authorized
the President "to adopt such measures and use such force as in his judg-
ment may be necessary and advisable ' ' in the premises. A commi.ssioner
was accordingly appointed and a force fitted out and di.spatched to Par-
aguay for the purpose, if necessary, of enforcing atonement for the.se
wrongs.

The expedition appeared in the waters of the La Plata and our com-
missioner succeeded in concluding a treaty and convention embracing
both branches of our demand. The convention of indemnity was signed
on the 4th of February, 1859. The preamble of this convention refers
to the interruption for a time of the good understanding and harmony
between the two nations which has rendered that distant armament nec-
e.s.sary. By the first article the Government of Paraguay "binds itself for
the responsibility in favor of the United States and Paraguay Navigation
Company which may result from the decree of commis.sioners " to be
appointed in the manner provided by article 2. This was in accordance
with the instructions to our commi.ssioner, who was told that an indispen-
sable preliminary to the negotiation would, ' ' of course, be an acknowledg-
ment on the part of the Paraguayan Govennnent of its liaVjility to the
company. ' ' The first paragraph of this second article clearly sjx^ifies the
object of the convention. This was not to ascertain whether the claim was
just, to enforce which we had sent a fleet to Paraguay, but to constitute
a commi.s.sion to ' ' determine, ' ' not the existence, but ' ' the amount, of said
reclamations." The final paragraph provides that "the two connnis-
sioners named in the said manner shall meet in the city of Washington
to investigate, adjust, and determine the amouut of the claims of the abf)\-e-
mentioned company U[)on sufficient proofs of the charges and defenses of
the contending parties." Hy the fifth article the Government of Para-
guay "biiuLs itself to pay to the Government of the United States of
America, in the city of A.ssumption, Paraguay, thirty days after ])resen-
tation to the Government of the Republic, the draft which that of the
United States of America shall issue for the amount for whicli the two
commissioners concurring, or by the umjiire, shall declare it rcsjionsible
to the said company."

The act of Congress of May 16, i860. emj)loys the same language
that is used in the convention, "to investigate, adjust, and determine
the amount" of the claims against Paraguay. Congress, not doubting
that an award would bj made in favor of the company for some certain

666 Messages and Papers of the Presidents

amount of damages, in the sixth section of the act referred to provides
that the money paid out of the Treasury for the expenses of the com-
mission "shall be retained by the United States out of the money"
(not any money) "that may, pursuant to the terms of said convention,
be received from Paraguay."

After all this had been done, after we had fitted out a warlike expedi-
tion in part to obtain satisfaction for this very claim, after these solemn
acts had l^een performed by the two Republics, the commissioners have
felt themselves competent to decide that they could go behind the action
of the legislative and executive branches of this Government and deter-
mine that there was no justice in the original claim. A commissioner of
Paraguay might have been a proper person to act merely in assessing the
amount of damages when an arbiter had been provided to decide between
him and the commissioner on the part of the United States, but to have
authorized him to decide upon the original justice of the claim against
his own Government would have been a novelty. The American com-
missioner is as pure and honest a man as I have ever known, but I
think he took a wrong view of his powers under the convention.

The principle of the liability of Paraguay having been established by
the highest political acts of the United States and that Republic in their
sovereign capacitj-, the commissioners, who would seem to have misappre-
hended their powers, have investigated and undertaken to decide whether
the Government of the United States was right or wrong in the author-
ity which they gave to make war if necessary to secure the indemnity.
Governments may be, and doubtless often have been, wrong in going to
war to enforce claims; but after this has been done, and the inquir)' which
led to the reclamations has been acknowledged by the Government that
inflicted it, it does not appear to me to be competent for commissioners
authorized to ascertain the indemnity for the injury to go behind their
authority and decide upon the original merits of the claim for which
the war was made. If a commissioner were appointed under a conven-
tion to ascertain the damage sustained by an American citizen in con-
sequence of the capture of a vessel admitted by the foreign government
to be illegal, and he should go behind the convention and decide that the
original capture was a lawful prize, it would certainly be regarded as an
extraordinary assumption of authorit}'.

The present appears to me to be a case of this character, and for these
reasons I have deemed it advisable to submit the whole subject for the
consideration of the Senate. j^^j^g BUCHANAN.

Washington, February 21, 1861.
To the Senate of the United States:

The treaty concluded between Great Britain and the United States on
the 15th of June, 1846, provided in its first article that the line of bound-

James Buchanan 667

2XY between the territories of Her Britannic Majest}' and those of the
United States from the point on the forty-ninth parallel of north lati-
tude up to which it had already been ascertained should be continued
westward along the said parallel ' ' to the middle of the channel which
separates the continent from Vancouvers Island, and thence southerly
through the middle of said channel and of Fucas Straits to the Pacific
Ocean." When the commissioners appointed liy the two Governments
to mark the Ixjundary line came to that point of it which is required to
run southerly through the channel which divides the continent from \'an-
couvers Island, they differed entirely in their opinions, not only concern-
ing the true point of deflection from the forty-ninth parallel, but also as
to the channel intended to be designated in the treaty. After a long-
continued and ver>' able discussion of the subject, which produced no
result, they reported their disagreement to their respective Governments.
Since that time the two Governments, through their ministers here and
at London, have had a voluminous correspondence on the point in con-
troversy, each sustaining the view of its own conunissioner and neither
yielding in any degree to the claims of the other. In the meantime
the unsettled condition of this affair has produced .some serious local
disturbances, and on one occasion at lea.st has threatened to destroy the
harmonious relations exi.sting Ijetween Great Britain and the United
States. The island of San Juan will fall to the United States if our con-
struction of the treaty be right, while if the Briti.sh interpretation be
adopted it will l^e on their .side of the line. That i.sland is an important
possession to this country, and valuable for agricultural as well as mili-
tary purposes. I am coiuinced that it is ours by the treaty fairly and
impartially' construed. But argument has been exhausted on both .sides
without increasing the probability of final adjustment. On the contrary,
each party .seems now to Ik; more convinced than at first of the justice of
its own demands. There is but one mode left of settling the dispute, and
that is by submitting it to the arbitration of some friendly and impartial
power. Unless this l)e done, the two countries are exi)()sed to the con-
stant danger of a colli.sion which may end in war.

It is under these circumstances that the British Crovcriunent, through
its minister here, has proposed the reference of the matter in controversy
to the King of Sweden and Norway, the King of the Netherlands, or to
the Rejmblic of the Swi.ss Confederation. Before accej>ting this projio-
sition I have thought it right to take the advice of the Senate.

The precise questions which I submit are the.se: Will the vSenate approve
a treaty referring to either f)f the sovereign ])owers alK)ve named the dis-
pute now exi.sting l)etween the Governments of the United vStates and
Great Britain concerning the l)oiuulary line iK'tween Vancouvers Island
and the American continent? In case the referee .shall find him.self
unable to decide where the line is by the description of it in the treaty of
15th June, 1846, shall he Ix; authorized to establi.sh a line according to

668 Messages and Papers of the Presidents

the treaty as nearly as possible? Which of the three powers named by
Great Britain as an arbiter shall be chosen by the United States ?

All important papers bearing on the questions are herewith conmiu-
nicated in the originals. Their return to the Department of State is
requested when the Senate shall have disposed of the subject,

JAMES BUCHANAN.

Washington, February 2j, iS6i.
To the Senate of the United States:

In compliance with the resolutions of the Senate of the 17th and i8th
February, 1858, requesting information upon the subject of the Aves
Island, I transmit a report from the Secretary of State and the documents
which accompanied it. ^^^^^ BUCHANAN.

Washington, February 2j, 1861.
Hon. John C. Breckinridge,

President of the Senate.

Sir: Herewith I inclose, for constitutional action of the Senate thereon
should it approve the same, supplemental articles of agreement made and
concluded with the authorities of the Delaware Indians on the 2 1 st July
last, with a view to the abrogation of the sixth article of the treaty of
May 30, i860. j^j^j.3 BUCHANAN.

Washington, February 2j, 1861.
To the House of Representatives of the United States:

In answer to a resolution of the House of Representatives adopted on
the nth instant, respecting the seizure of the mint at New Orleans, with
a large amount of money therein, by the authorities of the State of
Louisiana, the refusal of the branch mint to pay drafts of the United
States, etc., I have to state that all the information within my posses-
sion or power on these subjects was communicated to the House by the
Secretary of the Treasury on the 21st instant, and was prepared under
the resolution above referred to and a resolution of the same date ad-
dressed to himself. ^^^^^ BUCHANAN.

Washington, February 26, 186 1.
To the Senate of the United States:

In answer to the resolution of the Senate of the 25th instant, request-
ing information relative to the extradition of one Anderson, a man of
color, charged with the commission of murder in the State of Missouri,

James Buchanan 669

I transmit a report from the Secretary of State and the documents by
which it was accompanied. The dispatch of Mr. Dallas being in the
original, its return to the Department of State is requested.

JAMES BUCHANAN.

Washington, March /, 1S61.
To the House of Representatives:

In answer to their resolution of the nth in.stant [ultimo], "that the
President of the United States furnish to the Hou.se, if not incompatible
with the public service, the reasons that have induced him to assemble so
large a number of troops in this city, and why they are kept here; and
whether he has any information of a con.spiracy upon the part of any
jKjrtion of the citizens of this country to .seize upon the capital and
prevent the inauguration of the President elect," the President submits
that the numl)er of troops as.sembled in this cit}^ is not large, as the reso-
lution presupposes, its total amount being 653 men exclusi\'e of the ma-
rines, who are, of course, at the navy-yard as their appropriate station.
These troops were ordered here to act as a posse coini/atus, in strict sub-
ordination to the civil authority, for the purpose of preserving peace and
order in the city of Washington should this be necessary before or at the
period of the inauguration of the President elect.

Since the date of the resolution Hon. Mr. Howard, from the select
committee, has made a report to the House on this subject. It was
thoroughly investigated by the connnittee, and altliough they have ex-
pressed the opinion that the evidence Ixifore them does not prove the
exi.stence of a secret organization here or elsewhere hostile to the V>o\-
enunent that has for its object, ujx)!! its own rcsponsiljility, an attack
U|KMi the capital or any of the public pro^iertN' here, or an interruption
of any of the functions of the Government, yet the House laid \\\)0\\
the table by a very large majority a resolution expressing the opinion
"that the regular troops now in this city ought to be forthwith removed
therefrom." This of itself was a sufficient reason for not withdrawing
the tnxjps.

lint what was the duty of the President at the time the tr(X)ps were
ordered to this city? Ought he to have waited before this ]irecautionary
mea,sure was adopted luitil he could obtain proof that a secret organization
exi.sted to seize the capital? In the language of the .select connnittee,
this was "in a time of high excitement con.sequent uj^on revolutionary
events transpiring all around us, the very air fdlcd with nnnors and
individuals indulging in the most extravagant exj^ressions of fears and
threats." Under the.se and other circumstances, which I need not detail,
but which apjxjar in the testimony l)cfore the select committee, I was
convinced that I ought to act. The safety of the innncJise atnonnt of
public property in this city and that of the archives of the Government,

670 Messages and Papers of the Presidents

in which all the vStates, and especially the new States in which the public
lands are situated, have a deep interest; the peace and order of the city
itself and the security of the inauguration of the President elect, were
objects of such vast importance to the whole country that I could not
hesitate to adopt precautionary defensive measures. At the present
moment, when all is quiet, it is difficult to realize the state of alarm
which prevailed when the troops were first ordered to this city. This
almost instantly subsided after the arrival of the first company, and a
feeling of comparative peace and security has since existed both in
Washington and throughout the country. Had I refused to adopt this
precautionary measure, and evil consequences, which many good men at
the time apprehended, had followed, I should never have forgiven myself.

JAMKS BUCHANAN.

Washington, March 2, t86i.
To the Senate of the Utn'ted States:

I deem it proper to invite the attention of the Senate to the fact that
with this day expires the limitation of time for the exchange of the rati-
fications of the treaty with Costa Rica of 2d July, i860.

The minister of that Republic is disappointed in not having received
the copy intended for exchange, and the period will lapse without the
possibility of carrying out the provisions of the convention in this respect.

I submit, therefore, the expediency of the passage of a resolution
authorizing the exchange of ratifications at such time as may be conven-
ient, the limitations of the ninth article to the contrary notwithstanding.

JAMES BUCHANAN.

VETO AIESSAGE.

Washington City, January 2s, 1861.
To the House of Representatives of the Uiiited States:

I return with my objections to the House, in which it originated, the
bill entitled "An act for the relief of Hockaday & Leggit," presented to
me on the 15th instant.

This bill appropriates $59,576 "to Hockaday & Leggit, in full pa}'-
ment for damages sustained by them in reduction cf pay for carrying the
mails on route No. 891 1 ; and that said amount be paid to William Leggit
for and on account of Hockaday & lyCggit, and for their benefit."

A bill containing the same language, with the single exception that
the sum appropriated therein was $40,000 instead of $59,576, passed both
Houses of Congress at their last session; but it was presented to me at so
late a period of the session that I could not examine its merits before the

James Buchanan 671

time fixed for the adjournment, and it therefore, under the Constitution,
failed to become a law. The increase of the sum appropriated in the
present bill over that in the bill of the last session, being within a fraction
of $20,000, has induced me to examine the question with some attention,
and I find that the bill involves an important principle, which if estab-
lished by Congress may take large sums out of the Treasury-.

It appears that on the ist da}^ of April, 1858, John M. Hockaday
entered into a contract with the Postma.ster-General for transporting
the mail on route No. 891 1, from St. Joseph, Mo., by Fort Kearney,
Nebra.ska Territory, and Fort Leavenworth, to Salt L,ake City, for the
sum of $190,000 p)er annum for a weekly service. The .service was to
commence on the ist day of May, 1858, and to terminate on the 30th
November, i860. B}^ this contract the Postmaster-General reserved to
himself the right "to reduce the service to .semimonthl}' whenever the
necessities of the public and the condition of affairs in the Territory of
Utah may not require it more frequently." And again:

That the Po.stniaster-General may discontinue or curtail the service, in whole or in
part, in order to place on the route a greater degree of service, or whenever the
public interests require .such discontinuance for any other cau.se, he allowing one
month's extra pay on the amount of service dispensed with.

On the nth April, 1859, the Postmaster-General curtailed the .service,
which he had a clear right to do inider the contract, to .semimonthly,
with an annual deduction of $65,000, leaving the compensation $125,000
for twenty-four trips per year instead of $190,000 for fifty-two trips.
This curtailment was not to take effect till the ist of July, 1859.

At the time the contract was made it was expected that the arnn- in
Utah might ])e engaged in active operations, and hence the necessity of
frequent communications between the War Department and that Terri-
tory. The reservation of the power to curtail the .service to .semimonthly
trips itself proves that the parties had in view the contingency of such
curtailment "whenev'er the necessities of the public and the condition
of affairs in the Territory of ITtah may not require it more frequently. ' '

Before the Postmaster-General ordered this curtailment he had an
interview with the »Secretary of War upon the subject, in tlie course of
which the vSecretary agreed that a weekly mail to ,St. Jo.sej^h and vSalt
Lake City was no longer needed for the i)urp()ses of the Government —
this, evidently, l)ecau.se the trouble in Utah had ended.

Mr. H(x:kaday faithfully conqjlied with his contract, and the full com-
f)en.sation was paid, at the rate of $19(1, (xx) per annum, uj) to the ist
July, 1859, and "one month's e.xtra pay on the amount of service dis-
pensed with," according to the contract.

Previous to that date, as has V)een already stated, on the 14th of April,
1859, the Postmaster-General curtailed the service to twice jkt month,
and on the nth May. 1859, Mes.srs. Hotkaday ^S: Co. assigned the con-
tract to Jones, Russell & Co. for a lx)iius of $50,0)0. Their proi>crty

672 Messages and Papers of the Presidents

connected with the route was to be appraised, which was effected, and
they received on this account about $94,000, making the whole amount
about $144,000.

There is no doubt that the contractors have sustained considerable
loss in the whole transaction. The amount I shall not pretend to decide,
whether $40,000 or $59,576, or any other sum.

It will be for Congress to consider whether the precedent established
by this bill will not in effect annul all restrictions contained in the mail
contracts enabling the Postmaster- General to reduce or curtail the postal
service according to the public exigencies as they may arise. I have no
other solicitude upon the subject. I am informed that there are many
cases in the Post-Ofhce Department depending upon the same principle.

JAMKS BUCHANAN.

PROCLAMATION.
By the President of the United States of America.

A PROCIvAMATION.

Whereas objects of interest to the United States require that the Sen-
ate should be convened at 12 o'clock on the 4th of March next to receive
and act upon such communications as may be made to it on the part of
the Executive:

Now, therefore, I, James Buchanan, President of the United States,
have considered it to be my duty to issue this my proclamation, declar-
ing that an extraordinary occasion requires the Senate of the United
States to convene for the transaction of business at the Capitol, in the
city of Washington, on the 4th day of March next, at 12 o'clock at noon
on that day, of which all who shall at that time be entitled to act as
members of that body are hereby required to take notice.

Given under my hand and the seal of the United States, at Washing-
P n ton, the nth day of February, A. D. 1861, and of the Inde-

pendence of the United States the eighty-fifth.

JAMES BUCHANAN.
By the President:

J, S. Black,

Secretary of State.

UNIVERSITY OF CALIFORNIA LIBRARY, LOS ANGELES

COLLEGE LIBRARY

This book is due on the last date stamped below.

"^O'o coi. iia.

i 0 m?

Book Slip-25»i-7,'61(C1437s4)4280

College
Library

UCLA-Cotlege Ubrary

J 81 B96 V.5

L 005 766 542 4

■ C;rii ITWCQKj DCi34r*JAi_ l__inRAPV

I mill! nil Hill Hill II I
A 001 040 206 3

^\'