Newspaper Page Text
By a. A. GAULDING & CO.
“ERROR CEASES TO BE DANGEROUS, WHEN REASON IS LEFT TO COMBAT IT.”—JEFFERSON.
PROPRIETOR.
NEW SERIES, YOL. 2.
ATLANTA, GEO., THURSDAY, DECEMBER 16, 1858.
NO. 8,
Or Jntdliprcr.
r THURSDAY, DECEMBER 9, 1858.
Congress.
\\V arc. as yet, without any reliahlc ac-
oiimts from Washington, in reference to the
mating of Congress. We presume however,
tlijt tliis body met on Monday last, and went
through the preliminaries usual on such oc
casions. We are not anticipating much, of a
nrar tical nature from this, which is theshort
session. A good deal of gass'wilTno doubt be let
off and members will thereby feel lietteT.—
,Ve liope in a day or two to be able to give
some thing more delintc.
£ onl l„atlon of Hon. John Lelchcr In Vir
ginia.
\\'i have heretofore announced the nomina-
ti„ n of the a’oove named gentleman, as the
1 ieiiKHT.it ic candidate for Governor of Virginia
w e cannot withhold our expression of gratifi
cation at this result. Several reasons combine
to justify us in this position. In the first place
Mr. Letcher is personally one of tho most de
serving men in the old Dominion. Ho sprang
from the ranks of the people—is a self-made
man, and arisen to his present elevated jxisi-
tion by dint of his own perseverance and in
dustry. In the second place he belongs to
what is known as the Hunter wing of Vir
ginia Democracy, the soundest in the State.
Hr has been the object of persecution by the
Ikmirlas and Wise wing of the party, and lias
triuinpncd ovoMliem all, aad we look to his
(ini as a fixed fact by a most triumphant
majority.
Removal of Ihe Penitentiary.
“The bill for flic removal of the Penitentiary,
says the Southern Recorder, providing for the
ajijmiiffment of three commissioners, to sc-lcct
a suitable jdace, on the Western k Atlantic
Hail Hoad, or some other eligible place, came
up in the Senate yesterday, 6th inst., and was
lust liy a vote of yeas 41, nays 68.”
Wc regret to lie under the necessity of chron
icling this result. We have on a former oc
casion, given expression to our views on this
subject. We see an urgent necessity for re
building the Penitentiary at its present loca
tion, or at some other point. A variety of rea
sons conspire to produce the conviction, that
sm li necessity exists. The outer walls are in
a deinyed condition, and almost ready to tum
ble down. 'The present numlier of convicts
are larger than the number of colls, and we are
informed, that two convicts are placed togeth-
in the same cell, and in sonic cases, a much
larger numlier, thus defeating one of the ob
jects of Penitentiary punishment, and that is
lilury confinement at night. Wc cannot
lope, by any argument which we might use,
to prevent the failure of the proposition above
mentioned. We presume the question isfinal-
ly disposed of, for the present session, lint we
i'*sire to direct public attention to tlie subject,
n that in choosing S< nators and Representa
tives for the next Legislature, reference may
ad to their opinions upon this question.
We have no fei if the Penitentiary
were removed to the Stone Mountain, tliceon-
ictsVnuld lie much more profitably employ
'd. than at its present location. The quarry-
inu business is becoming to be one ot some im-
Kirtanee, at that loeation. A vast quantity
if granite is being prepared and shipped from
Is' Mountain, to other places, for building
mrposes. The business, we are credibly in
i' rued, could lie vastly increased by an addi
tional investment of capital, and ready sale
>uld he found for all the material which the
i iiitentiary convicts could prepare. Raw cou
nts could lie profitably employed in this bus
iness, from the very first day of their confine
ment, whereas when put to other trades, their
time of confinement often expires, liefore they
Acquire a knowledge of tlieir trade, so as to
work profitably at it. In addition to all this,
there is no mechanical trade carried on in the
lVnitciitiary, for which the raw material can
not le more conveniently and cheaply fumisli-
rd at the Stono Mountain, than at Milledge-
villc. We throw out these suggestions for the
consideration of our readers, that they may
ndcr ujion them, and when the time for ac
tion comes, be prepared to act wisely and un-
lcrstandingly.
(From tlie ralladiuni.)
The Model Governor.
His Excellency, Governor Brown, has, as we
redi<led in an editorial ofMay last, when the
Hunk organs of tlie State were hunting him
own with blood hound ferocity, proven liim-
•lt fully cnnqicteut to discharge the duties of
overnor of a great and growing common
wealth, and now is entitled to the proud epi
thet of being the model Governor of this
nion.
There may Ik* men of greater mental endow
ments. of larger statesman like reputation,
uid ol more jKijmlar manners than our Gover
nor, but lie lias no superior in all those attri-
utes which make tlie mo'll! Governor. Un-
aw. d by opposition, and unsediiced by the
tjihhd llatterv of aristocracy, he stands erect
like the everlasting rocks of the mighty Gib
raltar amid angry lashing of Mediterranean's
waves. He has proven himself equal to the
geney of the times, and the people of Gem
gia are proud of tlie man. He is a safe custo
dian nf the people’s honor, a fearless opponent
>f correct principles, and a safe keeper of
die mighty ri;sources of the Empire 8tate.—
h ith him at the helm, the State Road has ocas
to lx* an eye tori’ to the body jxilitic, and
now jircscnts such an unprecedented source of
mie as to captivate capitalists and render
tin in eager to avail themselves of an enter
•rise which beckons so surely to wealth. His
"Him- on the Bank question met at the time
uirmost hearty concurrence; and we have
lev.-r yet seen cause to regret the support we
gavemir most worthy Executive when battling
against a moneyed aristocracy. Wc honestly
I" lii vc that, had the counsels of Governor
brown l K *en heeded, our present prosperous
condition as a people would have lK*en great
ly enhanced. Men differed honestly with his
Excellency then, and a. false pride still tempts
them to withhold now, wc opine, the medc of
I'l iise so justly due this fearless champion of
lteinocTacy.
His last m<*ssage lias opened the eyes of the
|"'ople of Georgia; and we find hut few public
presses so completely politically jaundiced
88 to condemn it in the main. He has by his
fearless course forced his traducers to acknowl-
M lge his ailministrative capability, and caused
'he people of Georgia to be proud of tlie vote
fin y gave him. He is our only choice for
6'ivenior for the next tenn, and wc shall nev-
ct cease to advocate his claims until we are
convinced that the people of Georgia desire
the services of another.
these are our sentiments; and wc avow
them with that boldness which has ever char
acterized us as a journalist; and in thus avow
ing them we believe tliat we but reflect the
honest sentiments of four fifths of the Dcmoc-
raey of Soutli-Western Georgia.
The Niagara Returned.
New York, Dec. 11.—The steamship Niag
ara, which transported the Africans from tlie
* hooner Echo, to Lilieria, has returned to this
Imrt. Seventy-one of the negroes died on tlie
passage out.
|f>” A wise head makes a close mouth. 8how
« a liar and I will show you a thief.
President’s Message.
Fellmc-ritizem of the Senate
and House of Representatives
When wc compare the condition of the
country at the present day with what it was
one year ago at the meeting of Congress, wc
have much reason for gratitude to tlmt’Al
mighty Providence, which has never failed to
interpose for our relief, at the most critical
jieriods of our history. One year ago the sec
tional strife between the North and the South
on the dacgcrous subject of slavery hail again
liecome so intense as to threaten the imace
and jierjietuity of the confederacy. Tlie ap
plication for the admission of Kansas as a State
into the Union, fostered this unhappy agita
tion, and brought the whole subject once
more before Congress. It was tbe desire of
every patriot that such measures of legisla
tion might lie adopted, as -would remove the
excitement from the Stab’s, and confine it to
the Territory where it legitimately belonged.
Much has been done, I am happy b> say, to^
wards the accomplishment of this object’ du
ring the last session of Congress. ’ <
The Supreme Court of the United States
had previously decided, that all American
citizens have an equal right to bike into the
Territories, whatever is held as property under
the laws of any of the States, and to hold
*»ch property there under the guardianship
of the federal constitution, so long as the ter
ritorial condition shall remain.
1 his is now a well-established position, and
the proceedings of the last session were alone
wanting to give it practical effect. The prin
eijile hat been recognized, in some form or
other, by an almost unanimous vote of both
houses of Congress, that a Territory lias a
right to come into tlio Union either as a free
or a slave .State, according to tlie will of a ma
jority of its people. The just equality of all
the States has thus been vindicated, and a
fruitful source of dangerous dissention among
them has been removed.
Whilst such has been the beneficial tenden
cy ot your legislative proceedings 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 influ
ence, 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 ajijiears to be tranquil
and prosperous, and is attracting! increasing
thousands of immigrants b> make it tlieir
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, cannot fail in
the end to prove disastrous to its authors.—
and the people of tlie Territory yielded obedi
ence to t In: laws enacted by tlieir legislature,
it would at Hie present moment have con
tained a large addit ional population of indus
trious and enterprising citizens, who have
been deterred from entering its borders by
the existence of civil strife and organized re
bellion.
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 Kan-
ras to commit the grave error of refusing to
vote for delegates to the Convention b> frame
a constitution, under a law not denied to lie
fair and just in its provisions. This refusal
to vote has been the prolific source of all the
evils which have followed. In their hostility
to the territorial goverlimeut, they disregar
ded the principle, absolutely essential to the
working ot our form of government, tliat a
majority of those who vote—not the majority
who may remain at home, from whatever
cause—must decide the result of an elec
tion. For this reason, seeking to take advan
tage of their own error, they denied t' e au
thority ol the convention thus elected to frame
a constitution.
The convention, notwithstanding proceed
ed to adopt a conssitution unexceptionable in
its general features anil providing for the sub
mission of the slavery question to a vote of
the people, which in my opinion"they were
bound to do; under the Kansas ami Nebraska
act. This was the all-important question
which had alone convulsed the Territory ;
and yet the opponents of the lawful govern
ment, persisting in tlieir first error, refrained
from oxercifng tlieir right to vote, and pre
ferred tliat slaver}- should continue, rather
than surrender their revolutionary Topeka or
ganization.
A wiser and better spirit seemed to prevail
liefore the first Monday in January last, when
an election was held under the constitution.—
A majority of the people then voted for a
governor and other State officers, for a mem
ber of Congress, and members of the State
lcgisaturc. 'This election was warmly con
tested by flic two political parties in Kansas
and a greater vote was polled than at any pre
vious election. A large majority of the mem
bers of tlie legislature elect belong to that
party which had previously refused to vote.—
The anti-slavery party were thus placed in
the ascendant, and the political power of the
State was in tlieir own hands. Had Congress
admitted Kansas into the Union under the
Lccompton Constitution, the Legislature
might, at its very first session, have submit
ted the question to a vote of tlie people, wheth
er they would or would not have a conven-
t ion so amend their c institution cither 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 question would have been immediate
ly and finally settled.
Under these circumstances, I submitted to
Congress the Constitution thus framed, witli
all the officers already elected necessary to put
the State Government into operation, accom
panied by a strong recommendation in favor
of the admission of Kansas as a State. In the
course of my long public life I have never
performed any official act which, in the re-
trosjiect has afforded me more heartfelt sat
isfaction. Its admission could have inflicted
no possible injury on any human being, whilst
it would within a brief period, have restored
jieaci* to Kansas and harmony to the Union.
In that event, the slaver}' question ere this
have liecn finally settled, according to the
legally-expressed will of a majority of the
voters, anil jxipular sovereiglity would thus
have lx-cn vindicated in a constitutional
manner.
Witli my deep convictions of duty, I could
have pursued no other course. It is true, that
as an individual, I had expressed an opinion,
both before and during tlie session of the con
vention, in favor of submitting the remaining
clauses of the constitution, as well as that con
cerning slavery to the people. But acting in
an official character, neither myself nor any
human authority had tlie jKivver to prejudge
the proceedings of the Convention, and de
clare tlie constitution which it had framed to
lie a nullity. To have done this would have
Is-en a violation of the Kansas and Nebraska
act, which left the people of the Territory
“perfectly free to form and regulate their do
mestic institutions, in their own way, subject
ouly to the constitution of the Uliitcd States.”
It would equally have violated the great prin
ciple of popular sovereignty as the founda
tions of our institutions, to deprive the people
of the power, if they thought proper to exer-.
rise it, of confiding to delegates elected by
themselves the trust of framing a constitu
tion, 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 onr history,
commencing in the very best age of the re
public, of the admission of/Territories as States
into the Union, without a previous vote of the
people approving their constitution.
It is to lie lamented that a question so in
significant when viewed i nits practical effects
*n the jieople of Kansas, whether derided one
way or the other, should have kindled such a
flame of excitement throughout the country.
Tliis reflection may prove to bo a wisdom and
warning for our future guidance. Practi
cally considered, the question is simply
whether the people of tliut territory should
first come into the Union and then change any
provision in their constitution' not agreeable
to themselves, or accomplish the. very same
object by remaining out of the Union and fra
ming another constitution in accordance with
4h«ir will ? In either case, the result would
lie precisely the same. The only difference in
point of fact is, that the object would have
been much sooner attained, ami the pacifi
cation of Kansas more speedily effected, l«uj
it been admitted as a State during the Last
session of Congress.
My rcconiendation, however, for the imme
diate admission of Kansas, failed to meet the
approbation of Congress. They deemed it
wiser to adopt a different measure for the set
tlement of the cpiestion. For my own p irt, I
should have been willing to yield my assent
to almost any constitutional measure to ac
complish this object. I, therefore, cordially
acquiesced in what has been called the En
glish 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
Lccompton constitution, the people of Kansas
had claimed double the quantity of public
lands for the support of common schools, which
had ever been previously granted to any State
upon entering the Union; and also. the alter
nate sections of land for twelve miles on each
side of two railroads proposed to lie construc
ted from the northern to the southern boun
dary, and from the eastern to the western
boundary of the State. Congress, deeming
these claims unreasonable, provided, by the
act of May 4, 1858, to which I have just refer
red, for the admission of the Stale, 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 lie held for tliat purpose, should, in place of
the very large grants of public lands which
they had demanded under the ordinance, ac
cept such grants as had been made to Minne
sota and other new States. Under this act,
should a majority reject the proposition offer
ed them,‘‘it, si lall be deemed and held that
the jieople of Kansas do not desire admission
into the Uuion with said constitution under
the conditions set forth in said proposition.”
In that event the act authorizes the jieojflc of
the Territory to elect delegates to form a con
stitution and State government for them
selves, “whenever, and not liefore, it is ascer
tained by a census, duly and legally taken,
that the population of said Territory equals
or exceeds the ratio of rejiresentation required
fur a member of the House of Rejiresentatives
of Congess of the United States.” The dele
gates thus assembled “shall first determine
by a vote whether it is the wish of the jieojde
of the jirojioseil Shite to lie admitted into the
Union at that time, and, if so, shall jiroceed
to form a constitution; and to take all neces
sary steps for the establishment of a Staff; gov
ernment in conformity with the federal consti
tution.” After this constitution shall have
liecn formed, Congress, carrying out the jirin-
ciples of popular sovereignty and noninterven
tion, have lei t “tlie mode and manner of its
apjiroval or ratification by the jieople of the
projiosed State” to lie “prescribed by law.”
and they “shall then he admitted into tlie
Union as a State under sueli constitution thus
fairly and legally made, with or without slav
ery, assaid constitution may prescribe.”
An election was held throughout Kansas, in
pursuance of the jirovisions of tliis act, on the
second day oPAugngt last, and it resulted in
the rejection, by a large majority, of the jiroji-
osition submitted to the pcojile by Congress.
Tliis being the case, they are now authorized
to form another constitution, prejmratory to
admission into the Uuion, hut not until their
numlier, as ascertained by a census, shall equal
or exceed the ratio required to elect a member
to the House of Representatives.
It is nut probable, in the present state of the
case, tliat. a third constitution can lie lawful
ly framed and presented to Congress by Kan
sas, before its population shall have reached
the designated number. Nor is it to he jire-
sumed that, after their sail cxjicrience in re
sisting the territorial laws, they will attempt
to adopt a constitution in express violation of
the provisions of an act of Congress. During
the session of 1856, lnucl^if the time of ('oti-
gress was occupied on the question of admit
ting Kansas under tlie Tojieka constitution.—
Again nearly the whole ol' the last session was
devoted to the question of its admission under
the Lccompton constitution - Surely it is not
unreasonable to require the people of Kansas
to wait, liefore making a third attemjit, until
tlu* number of their inhabitants shall amount
to ninty-tliree thousand four hundred and
twenty. During this brief jicried the harmo
ny of the States, as well as the great buisness
interests of the country, demand that the jkmi-
jtle of the Union shall not for a third time he
convulsed by another agitation on the Kan
sas queetion. By waiting forashort time and
acting in obedience to law Kansas will glide
into tlie Union without the slightest impedi
ment.
This excellent provisions, which Congress
have ajiplicd to Kansas, ought to'be extended
anil rendered ajijilicahle to all Territories
which may hereafter seek admission into tlie
Union.
Whilst Congress possess the undoubtful
power of admitting a new State into the Un
ion, however small may Ik; the number of its
inhabitants, yet this jiower ought not, in my
ojiinion, to lie exercised liefore the jxipulation
shall amount to the ratio required by the act
for the admission of Kansas. Had this been
previously the rule, the country would have
escaped ali the evils and misfortunes to which
it has been exjioscil by the Kansas question.
Of course, it would lie unjust to give this
rule, a retrospective application, and exclude a
State which, acting ujion the jiast jiraetiee of
the government, has already formed its con-
stitltinn, elected its legislature and other offi
cers, and is now prejiared to enter the Un
ion.
The rule ought to be adopted, whether wc
consider its hearing on the jieojflc of the Ter
ritories or ujion the jieojile of the existing
States. Many of the serious dissensions which
have prevailed in Congress and throughout
the country, would have “lieen avoided, had
this rule been established at an earlier jicriod
of the government.
Immediately upon the formation of a new
Territory, jieojile from different States and
from foreign countries rush into it, for tlie
laudable purpose of imjiroving their condition.
Their first duty to themselves is to ojien and
cultivate farms, to construct roads, to estab
lish schools, to erect places of religious wor-
sliiji, and to devote their energies generally to
reclaim the wilderness and to lay the founda
tions of a- flourishing and prosjierous com
monwealth. If, in this incijiient condition,
with a population of a few thousand they
should prematurely enter the Union, they are
oppressed liy the burden of State taxation,
and the means liecccssary fur the imjirovment
of the Territory and tlie advancement of tlieir
own interests, are thus diverted to very differ
ent jiurposcs.
The " federal government has ever been a
liberal jiarent to the Territories, and a gener
ous contributor to the useful enterprises of the
early settlers. It has paid the exjienses of
their governments and legislative assemblies
out of the common treasury and thus reliev
ed them from a heavy charge. Under these
circumstances, nothing can be better calcula
ted to retard their material progrsss, than to
divert them from their useful employments,
by jirematurely exciting angry jiolitical con
tests among themselves, for the benefit of as-
jiiring leaders. It is surely not hardshiji for
embryo governors, senators, and members of
Congress, to wait un til the numlier of inhabi
tants shall equal those of a single congression
al district. They surely ought not to Ik* jiremit-
ted to rush into the Union, with a jiojiulation
less than one-half of several of the large coun
ties in the interior of some of the States. This
was tho condition of Kansas when it made
application to be admitted under tlie Tojieka
constitution. Besides, it requires some time
to render the mass of a jxijiulation collected
in a new Territory, at all homogeneous, and
to unite them on anything "like a fixed poli
cy. Establish the rule, and all will look for
ward to it and govern themselves accord
ingly-
But justice to the’ jieople of the several
States requires that this rule should be estab
lished by Congress. Each State is entitled
to two Senators and at least one rejiresenta-
tive in Congress. Should the jieojile of the
States fail to elect a Vice President, the (low
er devolves ujion the Senate to select this offi
cer from the two highest -candidates on the
list. In case of the death of the President,
the Vice President thus elected by 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 lie Said in regard to the ratification of
treaties, and of Executive appointments. All
this lias Avorked admirably-.in practice, whilst
K conforms in principle with the character of
a government instituted % sovereign States,
I presume no American citizen would desire-
the slightest cliange in the arrangement. Still,
s it not unjust and unequal to tlie existing/
States to invest some forty or fifty thousand '
jieojile collected in a Territory with the atlri-~
butes of sovereignty, anil jilace them on air
equal footing with Virginia and New York in
the Senate of the United States.
For these reasons, 1 earnestly recommend
the passage of a general act, which shall jiro-
vide that ujion the ajiplication of a territorial
legislature, declaring their belief that the Ter
ritory contains a number of inhabitants which-'
if in a state, would eutitle them to elect a
member of Congress, it shall be the duty of
the President to cause a census of the inhab
itants to be taken, and if found sufficient, then
by the terms of this act to authorize thqm to
proceed “in their own way” to frame a State
constitution prejiaratory to admission into tlie
Union. I also recommend that an approjiria-
tion may be made, te cnable'tlie President to
take a census of tho people of Kansasr
The present condition of the Territory of
Utah, when contrasted with what it was on ft
year ago, is a subject for congratulation. It
was then in a state of open rebellion, and cost
what it might, the character of the govern
ment required, that this rebellion should lie
sujipressed and the Mormons corojiclleil to
yield obedience to the constitution and'the
laws. In order to comjflete this object, as I
informed you in my last annual message, I
apjiointed a new governor instead of Brigham
Young, and other federal officers to take the
place of those who, consulting their personal
safety, had found it necessary to withdraw
from the territory. To protect these civil offi
cers, and to aid them, as a posse comilalus, in
the execution of the laws in case of need, I
ordered a detachment of the army to accom-
jiany them to Utah. The necessity for adopt
ing these measures is now demonstrated.
On the 12th September, 1857, Governor
Young issued his proclamation, in the style of
an independent sovereign, .announcing his
jmrjiose to resist by force of arms the entry of
the United States troojis into our own Terri
tory of Utah. By tliis he required all the for
ces in the Territory, to “hold themselves in
readiness to march at a moment’s notice to
repel any and all such invasion,” and estab
lished martial law from its date throughout
the Territory. These proved to lie no idle
threats. Forts Bridgcr and Sujijfly were va
cated and burnt down by the Mormons, to dc-
jirive our troops of a shelter after their long
and fatiguing march. Orders were issued by
Daniel II. Wells, styling himself “Lieutenant
General, Nauvoo Legion,” to stampede the
animals of the United Staff's troojis on their
march, to set fire to their trains, to burn the
grass, and the whole country before them and
on their flanks, to keep them from sleejiing
by night surprises, anil to blockade tin* mail
liy falling trees, and destroying tlie fords of
rivers, &c.‘ ko.
These orders were promptly and effectually i
obeyed. On tlie 4tli October, 1856, the Mor
mons cajitnrcd and burned on Green River,
three of oursupply trains, consisting of seven
ty-five wagons loaded with provisions anil
tents for the army, and carried away several
hundred animals. This diminished the sup
ply of provisions so materially tliat General
Johnston was obliged to reduce tlie ration,
and even with this precaut ion, there was only
sufficient left to subsist the troojis until tin* 1st
of June.
Our little army behaved admirably in tlieir
encampment at Fort Bridgcr, under these try
ing privations. In tlie midst of the moun
tains, in a dreary, unsettled, and inhospita
ble region-, more than a thousand miles from
home, they jiassed the severe and inclement
winter without a murmur. They looked for
ward with confidence for relief from their
country in due season, and in this they were
not disajq minted.
The Secretary of War emjiloyeil all his en
ergies to forward them the necessary supplies,
and to muster and send such a military force
to Utah as would render resistance on the part
of the Mormons hojK'less, and thus terminate
the war without the effusion of blood. In liis
efforts he was efficiently sustained liy (It in
gress. They granted ajipropriations sufficient
to cover the deficiency thus necessarily crea
ted, and also jirovidcd for raising two regi
ments of volunteers, “for the jmrjiose of quel
ling disturbances in the Territory of Utah, for
the protection of supply and emigrant trains,
and thesupjiression of Indian hostilities oil
the frontiers.” Hajipiiy, there was no occa
sion to call these regiments into service. If
there had been. I should have felt serious em
barrassment in selecting them, so great was
the numlier of onr brave, and jiatrintie citizens
anxious to serve their country in this distant
and apjiarently dangerous expedition. Thus
it has ever lieen, and thus may it ever
be !
The wisdom and economy of sending suffi
cient reinforcements to Utah are established
not only liy the event, hut in the opinion of
those who, from their position and opportuni
ties, are the most cajiablc of forming a correct
judgment. General Johnston, the comman
der of tlie forces, in addressing tlie Secretary
of War from Fort Bridger, under the date of
October, 18, 1857, expresses tlie ojiinion that
“unless a large force is sent here, from the
nature of the country, a protracted war on
their (the Mormons) jiart is inevitable.” This
he considered necessary, to terminate the war
“sjK'eilily and more economically than if at
tempted by insufficient means.”
In the meantime, it was my anxious desire
that the Mormons should yield obedience to
tlie constitution and the laws, without ren
dering it necessary to resort to military force.
To aid in accomplishing this object, I deemed
it advisable in April last, to desjiatch two dis
tinguished citizens of the United States,
Messrs. Powell and McCulloch, to Utah.—
They bore with them a jiroclaniation addres
sed by myself to the inhabitants of Utah, da
ted on the sixth day of that month, warning
them of their true condition, and how hojic-
less it was on their part to persist in rebellion
against the United States, and offering all
those who should submit to the laws a full
jiardon for their past seditions and treasons.—
At the same time, I assured those who should
jiersist in rebellion against the United States,
that they must cxjiect no further lenity, but
look to lie rigorously dealt with according to
tlieir desorts. The instructions to these
agents, as well as a copy of the proclamation,
and their reports, are herewith submitted.—
It willTic seen by their report of the 3d of Ju
ly last, that they have fully confirmed the
opinion expressed by General Johnston in the
previous October, as to tbe necessity of send- .
ing reinforcements to Utah. In this they
state, that they “are firmly impressed with the
belief that the presence of the army here and
the large additional force that had been or
dered to this Territory, were the chief induce
ments that caused the Mormons to abandon
the idea of resisting the authority of the Uni
ted States. A less decisive policy would prob
ably have resulted in a leng, bloody, and ex
pensive war.”
These g -ntlemen conducted themselves to
my entire satisfaction, and rendered useful
services in executing the humane intentions
of the government.
It also affords me great satisfaction to state,
that Governor Camming lias performed liis
duty in an able and conciliatory manner, and
with the hajipiest effect. I cannot, in this
connexion, refrain from mentioning the valu
able services of Col. Thomas L. Kane, who,
from motives of jiure benevolence, and with
out any official character or jiecuniary comjvai-
sation, visited Utah during the last inclement
winter, for the purjiosc of contributing to the
pacification of the Territory.
i am happy to inform you, that the gover
nor and other civil officers of Utan, are now
jvcrfi rming their appropriate functions with
out resistance. The authority of the consti
tution and the laws has been fully restored,
and jieaco prevails throughout the Terri tor}*.
A portion of the tlooj* sent to Utah are
now encamped in Cedar Valley, forty four
miles southwest of Salt Lake City; anil the
remainder have been ordered to Oregon to
sujijiress Indian hostilities.
The march of the army to Salt Lake City,
through the Indian Territory, has had a jiow-
crfnrcffcct in restraining the hostile feelings
against the United States, which existed
among the Indians in that region, and in se
curing emigrants to the Far West against
their depredations. This will also Ik* the
means ol establishing military jiosts and pro
moting settlements along the route.
I recommend that tlie benefits of our land
laws and pre-emption system be extended to
Ihe people of Utah, by the establishment of a
lanl office in that Territory.
I have occasion, also, to congratulate you
on the result of our negotiations with China
Yon were informed by my last anual mes
sage, that our minister hail lieen instructed to
tpccupy a neutral position in the hostilities
conducted liy Great Britian and France against
Canton. lie was, however at tlie same time,
directed to co-operate cordially with the Brit
ish and French ministers, in all peaceful meas
ures to secure liy treaty tho e just conieisions
to foreign commerce, whieh the nations ol
the world had a right to demand. It was im-
jiossible for me to proceed farther than tliis,
on my own authority, without usurping the
war-making power, which under the constitu
tion, belongs exclusively to Congress.
Besides, after a careful examination of the
nature and extent of our greivances, I did not
believe they were of sueli a pressing and ag
gravated character, as would have justified
Congress in declaring war against the Chinese
emjiire, without first making another earnest
attempt to adjust them by peaceful negotia
tion. I was the more inclined to tliis opinion,
because of tlie severe chastisement which had
thqn hut recently been inflicted ujion the Chi
nese by pur squadron, in the capture and de
struction of the Barrier forts, to avenge an al
leged insult to our flag.
Tlie event has proved the wisdom of our neu
trality. Our minister lias executed hisinstruc-
tions with eminent skill and ability. In con
junction with the Russian plenipotentiary, he
has peacefully, but effectually, eo-ojierated
with the English and French plenipotentiaries;
and each or the four jiowers has concluded a
separate treaty with China, ofa highly satisfac-
t ry character. The treaty concluded by our
plenipotentiary will immediately he submit
ted to the Senate.
I am liajijiy to announce that, through the
energetic yet conciliatory efforts of our consul
general in Japan, anew treaty lias been con
cluded with that empire, which may be expec
ted materially to augment our trade and inter
course in that quarter, anil remove from our
countrymen the disabilities which have hereto
fore lieen imposed ujion the exercise of tlieir
religion. The treaty shall he submitted to
tlie Senate for spproval without delay.
It is my earnest desire that every misunder
standing with the government of Great Britian.
should he amicably and sj.eeiiiiy adjusted. It
has been the misfortune ol both countries, al
most ever since the jieriod of the revolution,
to have been annoyed by a succession of irri
tating and dangerous questions, threatening
tlieir friendly relations. This has partially
jirevcnteil the full development of those feel
ings of mutual friendship between the people
of the two countries, so natural in themselves
and so conducive to their common interest.—
Any sc-rions iuterrujitiou of tin* commerce be
tween the United States and Grant Britian.
would he equally injurious to both. In fact,
no two nations have ever existed on the face
of tlie earth, which could do each other so
mueh good or so much harm.
Entertaining these sentiments, I am grati
fied to inform you, that the loiig^pending con
troversy between the two governments, in
relation to the question of vistatiou and search,
has been amicably adjusted. Tin* claim on tin*
jiart id Great Britian, forcibly to visit Ameri
can vessels on tlie high sea-’ in time of peace,
could not he sustained under the law of na
tions, anil it had been overruled liy her own
most eminent jurists. 'Ibis question was re
cently brought to an issue, by .the repeated
acts of British cruisers, in hoarding and search
ing our merchant vessels in the Gulf of Mexi
co and tlu* adjacent seas. These acts were the
more injuriousand annoying, as those waters
are traversed by a large portion of the com
merce and nuvigalion of the United States,
and their free and unrestricted use is essential
to the security of the coastwise trade be
tween ilfteront States of the Union. Such vex
atious interruptions could not fail to excite the
feelings of the country, and to require the in’
terposition of the government. Remonstran
ces were addressed to tlu* British government
against these violations of our rights of sover
eignty, 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 liy the
vessels-of-war of any other nation.” These
measures received the unqualified and over,
enthusiastic apjiroliation of the American jieo
jile. Most fortunately, however, no collision
took place, and the British government
promjitly avowed its recognition of the jirinci-
jiles ofinternational law ujion this subject, as
laid down by the government of the United
States, in the note of the Secretary of tlie State
to the British minister at Washington, of
Ajiril 10, 1858, which secure the vessels of the
United States ujion the high seas from visita
tion or search in time of peace, under any cir
cumstances whatever. 4 lie claim lias been
abandoned in a manner reflecting honor on tlie
British government, and evincing a just re
gard for tlie law of nations, and cannot fail to
strengthen the amicable relations between
the two c. untries.
The British government, at tho same time,
proposed to the United States that some mode
should he adojited, by mutual arrangement
between the two countries, of a character
which may lie fomid effective without being
offensive, for verifying tlie nationality of ves
sels suspected oil good grounds of carrying
false colors. They have alsojjinvitcd the Uni
ted States to take the initiative, and projiose
measures for this jiurjinse. Whilst' declining
to assume so grave a resjionsibility, the Secre
tary of State lias informed the British govern
ment that we are ready to receive any jirojio-
sals which they may feel disjioseil to oiler,
having this object in view, and to consider
them in an amicable spirit. A strong ojiin-
ion is, however, exjiressed, that tlie occasion
al abuse of the flag of any nation, is an evil far
less to he dejireoatcd, than would he the es
tablishment of any regulations which might
l.e incomjiatihle with the freedom of the scas-
Thisgcvernment lias yet received no communi
casion specifying the manner in which the Bri
tish'government wouldjirojio.se to carry out
their suggestion; and I am inclined to believe,
that no plan which can b; devised, will he 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 projxisals whieh they may flunk
jiropcr to make.
I am truly sorry I cannot also inform you
that tlie complications between Great Britian
and the United States, arising out of the Clay
ton and Bulwer treaty of April, 1850, have
been finally adjusted.
At the commencement of your last session,
I had reason to hope that, emaneijiating
themselves from further unavailing discussions
the two governments would jiroceed to settle
the Central American questions in a jiractical
manner, alike honorable and satisfactory to
both ; and this liojie I have not yet abandon
ed. In my last annual message, I stated that
overtures liad been made by the British gov
ernment for this jiurjioso, in a friendly sjiirit,
which I cordially reciprocated. Tlieir jmqio-
sal was, to withdraw these questions from di
rect negotiation between the two govern
ments ; but to accomplish the same object, by
a negotiation between the British government
and each of the Central American rejiulilics
whose territorial interests are immediately in
volved. The settlement was to he made in
accordance with the general tenor of the in-
terjirctatiiin (dated ujion the Clayton and Bul-
wer treaty liy the United States, with certain
modifications. As negotiations are still (lend
ing ujion tliis basis, it wold not he proper for
me now to communicate tlieir present condi
tion. A final settlement of these questions is
greatly to lie desired, as this would wipe out
the last remaining subject of dispute between
the two countries.
Our relations with the great cmjiires of
France and Russia, as well as with all other
governments on the continent of Eurojie, ex
cept .that of Spain, continue to be of the most
friendly character.
With Spain our relations remain in an un
satisfactory condition. In my message of De
cember last, I informed you that our envoy
extraordinary and minister plenipotentiary
to Madrid liad asked for his recall ; and it
was my purjiuse to send out a new minister to
that court, with sjieeial instructions on all
questions (lending between the two govern
ments, and with.a determination to have them
speedily and amicably adjusted, if that were
possible. This purjiosc has been hitherto de
feated by causes which I need not enumer
ate.
The mission to Sjiain lias been intrusted to
a distinguished citizen 'of Kentucky, who will
(iroCecd 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 Sjianish government, the merits of
which lias lieen ably discussed for a series ol
years, by our successive diplomatic rejiresen-
tative. Notwithstanding this, we have not
arrived at a jiractical result in any single in
stance, unless we may, excejit the case of tlie
Black Warrior under the late administration ;
and that jiresented on outrage of such a char
acter as would have justified an immediate
resort to war. All our attemjitsto obtain re
dress have been battled and defeated. The
frequent and oft-recurring changes in'the Sjian
ish ministry, have been employed as reasons
for delay. We have been comjielled to wait,
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 a hun
dred of our citizens are directly interested,
have furnished no cxeejition. These claims
were for the refunding of duties unjustly ex
acted from American vessels different custom
houses in Cuba, so long ago as the year 1844.
The principles ujion which they rest arc so
manifestly equitable and just, that after a jie-
riod of nearly ten years* in 1854, they were
recognised liy the Sjianish government.—
1'rocccdings were afterwards instituted to as
certain their amount, and this was finally
fixed according to their own statement (with
which we were satisfied ) at the sum of one
hundred and twenty-eight thousand six hun
dred and thirty-one dollars and fifty-four cents.
Just at the moment, after a delay of fourteen
years, when we had reason to expect that this
sum would Ik* rcjiaid with interest, we
have received a proposal offering to refund
one-third of that amount, (forty-two-thou
sand eight hundred anil seventy-eight dollars
anil forty-one cents,) but without interest, if
we would accept this in full satisfaction.—
The offer is, alsoaccomjianied by a declaration
tliat this indemnificaiton is not founded on
any reason of strict justice; but is made as a
sjK'eial favor.
One alleged cause for procrastination in the
exainiuaiion and adjustment of our claims,
arises from an_obstacle wliieh it is the duty of
the Sjianish government to remove. Whilst
the .cajitain-gencnil of Cuba is invested with
general desjintie authority in the government
of that island, the jiower is withheld from
him to examine and redress wrongs commit
ted liy officials under his control, on citizens
ol the United States. Instead of making our
eomjilaihts directly to him at Havanna, we
are obliged to jiresent them tluough our
minister at Madrid. These are then referred
back to the oajitain-general for information;
and much time is consumed in preliminary
investigation and corresjiondenre between
Madrid and Cuba, before the Sjianish Govern
ment. will consent to jiroeeed to negotiation.
Many of the difficulties between th two
Governments would he obviated, and a long
train of negotiation avoided, if the cajitain-
general were invested with authority to settle
questions of easy solution on the spot, where
all the facts arc fresh, and could he jiromjitly
and satisfactorily ascertained. We have
hitherto in vain urged upon the Sjianish
government 4o confer tliis jiower ujion the
captain-general, and our minister to Sjiain
will again he instructed to urge this subject
on their notice. In this resjiect, we oc
cupy a different position from the jiower of
Kurojie. Cuba is almost within sight-of our
shores; onr commerce with it is tar greater
than that-of any other nation, innhiding Spain
itself and our citizens are in habits daily of and
extended jierson.il intercourse with every part
of the Island. It is. therefore, a great griev
ance that, when any difficulty occurs, no mat
ter howuniiiijiiirtiint, which might he readily
settled at the moment, we should he obliged
to resort to Madrid, esjieeially when the very
first steji to lie taken there is to refer it hack to
Cuba.
r lhe truth is tliat Cuba, in its existing col
onial condition, is a constant source of inju
ry and annoyance to the American jieojile.—
It is the only sjiot in the civilized world where
the African slave trade is tolerated ; and we
arc hound 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 (impose of arresting slavers
bound to tha t island. The late serious diffi-
cvlties between the United States and Great
Britain respecting the right of search, now so
hajipify terminated, could never have arisen
if Cuba laid not afforded a market for slaves.
As long as tliis market shall remain ojien,
there can he no liojie for the civilization of
benighted Africa. Whilst the demand for
slaves continues in Cuba, wars will he waged
among the Jietty and barbarions chiefs in Af
rica, for tlie purpose of seizing subjects tosup-
jily this trade. In such a condition of affairs,
it is iiiqxissihlc that the light of civilization
and religion can ever penetrate these dark
aliodes.
It has been made known to the world by my
jiredeeessors, that the United States have, on
several occasions, endeavored to acquire Cuba
from Sjiain liy honorable negotiation. If this
were accomplished, the last relic of the African
slave-trade would instantly disajijiear. We
would not, if we could, acquire Gulia in any
other manner. This is due to onr national
character. All the territory wliieh we have
acquired since the origin of the government,
has been by fair jiurchase from France, Spain
and Mexico, or liy tlisfree and voluntary act
cf the iiulejiendeiit 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 anticipate, ren
dering a dejiarture from it clearly justifiable,
under thurimperative and overruling law of
sel f-jircservation.
The Island of Cuba; geographical position,
commands the mouth of the Mississipi, anil
the immense and annually-increasing trade,
foreign and coastwise, from the valley of that
noble l iver, now embracing half the sovereign
States in the Union. With that Island under
the dominion of a distant foreign power, this,
trade, of vital imjiortanec to these States, is
exjuised to the danger of being destroyed in
time af war, and it Ills hitherto been subject
ed to (Kupetual injury and annoyance in time
ol' peace. Our relations with Sjiain, which
ought tube of the most friendly character
must always he placed in jenjiardy, while the
existing colonial government over the Island
shall remain in its jiresent condition
Whilst the possession of the. Island would
he of vast inqmrtnncc to the United States, its
value to Sjiain is, comj.iaratively, unimjiort-
ant. Such was the relative situation ot the
parties, when the great Napoleon transferred
liiiusiana to the United States. Jealous, as
he ever was, of the national honor and inter
ests ol' France,[no person throughout tlie warid
lias iinjiutated blame to him, for accejiting a
pecuniary equivalent for this cession.
The jiuIllicit}’ which has lieen given to our
former negotiations ujion this subject, and the
large approjimtion wliieh may Ik* required to
effect the jiurjxi$c, tender it expedient, liefore
making another attemjit to renew the nego
tiation, that I .should lay the whole subject
before Congress. This is esjieeially necessary,
as it may become indisju-usable to success, that.
I should tie intrusted with the means of mil
king sin advance to the Sjianish Government
immediately after the signing of the treaty,
without awaiting tlis ratification of it by the
Senate. I am encouraged to make this sug
gestion liy the example of Mr. Jefferson j>re-
vious to the purchase of Lousiana from Francs
and liy that of Mr. Folk in view of the acqui
sition of territory from Mexico. I refer , the
whole subject to Congress, and commend to
their careful consideration.
I rojieat the recommendation made in my
message of Decemlier- last, in favor of anaji-
juiatian “to lie jnuil to the Spanish govern
ment for the jiurpose of distribution among
the claimants in the Amistad case.” Presi
dent Folk first made a similar recommenda
tion in December, 1847, and it was rc[mated
liy my immediate predecessor in December
1853. I entertain no doubt that indemnity
is fairly due to these claimants under our
treaty with Spain of tlie 27th October, 1795;
and whilst demanding justice we ought to do
justice. An ajijiropriutiiin promjitly made for
tins purpose, could not fail to exert a favora
ble affluence on our negotiations with Sjiain.
Our jiositum in relation to the indejicndcnt
States South of us on this continent, and es
pecially those within the limits of North
America, is of a peculiar, character. The
northern boundary of Mexico is coinc'dent
with our own southern boundary from ocean
to ocean ; and we must necessarily feel a deep
interest in all that concerns the well being
ar.d the fate of so near a neighbor. We have
always cherished tlie kindest wishes for the
success of that republic, and have indulged
the hojie that it might at last, after ail its tri
als, enjoy jieace and prosperity under a free
and stable government. We have never
hitherto interfered, directly .or indirectly,
witli its internal affairs, and it is a duty which
we owe to ourselves, to protect the integrity
of its Territory, against the hostile interfer
ence of any other jiower. Our geographical
jiosition, our direct interest in all that con
cerns Mexico, and our well settled jiOlicy in
regard to the North American continent, ren
dor this an indisjiensable duty.
Mexico lias lieen in a state of constant revo
lution, almost ever since it achieved its inde
pendence. One military leader after another
has usurped the government in rapid sncces-
ion ; anil the various constitutions from time
to time adopted, have been set at naught al
most as soon as they were proclaimed. Tlie
successive governments have afforded no ade
quate jirotection, either to Mexican citizens or
foreign residents, against lawless violence.—
Heretofore, a seizure of the capital by a mili
tary chieftain, has been generally followed by
at least the nominal submission of the coun
try to his rule for a brief period, hut not so at
the jiresent crisis of Mexican affairs. A civil 1
war lias been raging for some time through
out the republic, between the central govern
ment at the eity of Mexico, which has en
deavored to subvert the-constitution last
framed, liy miltary jiower, and those who
maintain theauthority of that constitution.—
The antagonist parties each hold jxissession of
different 8tates of the republic, and the for
tunes of the war are constantly changing.—
Meanwhile, the most reprehensible means
have been emjiloyed liy both parties to extort
money from foreigners, as well as natives, to
carry on tliis ruinous contest. The truth is,
that tliis fine country, blessed with a produc
tive soil and a iicnign climate, has been re
duced liy civil dissension to a condition of al
most hojieless anarchy and imbecility. It
would Ik* vain for this government to attempt
to enforce jiayment in money of the claims
of American citizens, now amounting to more
than ten million dollars, against Mexico, be
cause she is destitute of all jiecuniary means
to satisfy th se demands.
Our late minister was furnished with ample
jlowers and instructions for the adjustment of
all jiending questions with the central gov
ernment of Mexico, and he jievforined his
duty with zeal and ability. The claims of
our c itizens, some of them arising out of the
violation of an exjiress provision of the treaty
of Guadalujie Hidalgo, and others from gross
injuries to jicrsons :ls well as projicrty, have
remained unredressed and even unnoticed.—
Remonstrances against these grievances, have
been addressed without effect to that govern
ment. Meantime, in various jiarts of the re
public, instances have been numerous of the
murder, imprisonment, and plunder of onr
citizens, by different jiarties claiming and ex
ercising a local jurisdiction ; hut the cenlral
government, ill though repeatedly urged there
to, have made no effort either to jiunisli tlie
authors of these outrages or to prevent their
recurrence. No Ameaican citizen can now vis
it Mexico on lawful business, without emi
nent danger te his person or projicrty. There
is no adequate jirotection to either; and in
tliis respect our treaty with that rcjiuhlic is
almost a dead letter.
This state of affairs was hr light to a crisis
in May last, by tlie promulgation ofa decree
levying a contribution pro rata, ujion all the
capital in the republic, lietwecn eertain sjiec-
itied amounts, whether held liy Mxicans or
foreigners. Mr. Forsyth, regarding this de
cree iti tho light of a “forced loan,” formally
jirolestoil against its apjilication to his coun
trymen, and advised them nottojiay thg con
tribution, hut to suffer it to lie forcibly exac
ted. Acting upon this advice, an American
citizen refused to jiay the contribution, and
his projicrty was seized by armed men to sat
isfy the amount. Not content with tills, the
'government jiroeccdcd still farther, and issu
ed a decree banishing him from the country.
Our minister immediately notified them that
if this decree should lie carried into execution
lie would feel it his duty to ailojit “tlie most
decided measures that belong to the powers
and obligations of the representative office.”
Notwithstanding this warning, the banish
ment was enforced, and Mr Forsyth promptly
announced to tlic^ovemment tlie susjiension
of jiolitical relations of his legation with them,
until the pleasure of his own government
should he ascertained.
This government did not regard the contri
bution imposed by the decree of the 15th May
last to lie in strictness a “forced loan,” and
as such prohibited by the 10th article of the
treaty of 1826 between Great Britain and
Mexico, to the benefits of which American
citizens are entitled by the treaty, yet the im-
•jiosition of the contribution ujion foreigners
was considered an unjust aiul oppressive meas
ure. Besides, internal factions in other jiarts
of tlie republic wore at the same time levying
similar exactions upon the property of our
citizens, and interrupting their commerce.—
There had been an entire failure on the jiart
of our minister, to secure redress for the
wrongs which our citizens had endured, not
withstanding his presevering efforts. And
from the temper manifested by the Mexican
government, he had rejieatedly assured us
that no favorable change aiulil be cxjiected,
until the United States should “give striking
evidence of their will and jiower to protect
their citizens,” and that “severe chastening
is the only earthly remedy for our grievances.
From this statement of facts, it would have
been worse than idle, to direct Mr. Forsyth to
retrace his stejis and resume diplomatic rela
tions with that government ; and it was,
therefore, deemed projier to sanction his with
drawal v>f the legation from the eity of Mex-
co.
Abundant cause now undoubtedly exists, for
a resort to hostilities against the government
st ill holding possession of the capital. Should
they succeed in suliduig tlie constitutional for
ces, all reasonable hope will then have ex-
jiired of a jieacefnl settlement of our difficul
ties.
On the other hand, should the constitution
al jiarty [irevail, and their authority he estab
lished over the republic, there is reason to
liojie that they will be animated liy a less un
friendly sjiirit, and may grant that redress to
American citizens whieh justice requires, so
far as they may jiosess the means. But for
tliis expectation, I should at once have reco-
mended to Congress to grant the neceessary
jiower to the President, to take jiosession of a
sufficient jMirtion of the remote and unsettled
territory of Mexico, to be held in pledge un
til our injuries shall lie redressed and our just
demands be satisfied. We have alreedy ex
hausted every milder means of obtaining jus
tice. In such a case, this remedy of rejirlsals
is recognised 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 the relations with
Mexico arising from our nnhappy condition of
affairs along our southwestern frontier, whieh
demands immediate action. In that remote
region, where there are hut few white inhabi
tants, large hands of hostile and predatory In
dians roam jiromiscuonsly over the Mexican
States of Chihuahua anil Sonora, and our ad
joining Territories. The local governments of
these States are jierfectly hojieless, and are kept
in a state of constant alarm by the Indians.—
They have not the jiower, if they jiossessed
the will, even to restrain lawless Mexicans
from passing the liorder and committing dejire-
dations on our remote settlers. A state of an
archy and violence prevails throughout that
distant frontier. The laws are a dead letter,
anil life and jirojierty are wholly insenre.—
For this reason the settlement of Arizona is
arrested, whilst it is of great imjiortanec that
a chain of inhabitants should extend all along
its southern border, sufficient for their own
protection and that of the United States mail
passing to and from California. Well foun
ded apprehensions arc now entertained, that
the Indians, anil wondering Mexicans equally
lawless, may break uj> the important stage
and jiostal communication recently establish
ed between our Atlantic and Pacific jiossess-
ions. This jiasscs very near to the Mexican
bonndry, throughout the whole length of Ari
zona. I can imagine no jiossiblc remedy for
these evils, and no inode of restoring law and
order on tliat remote and unsettled frontier,
but for the government of the United States
to assume atom jiorary jirotcctorate over north
ern jHirtions of Chihuahua & Sonora, and to es
tablish military jiosts within the same—and
this I earnestly recommend to Congress. This
protection may be withdrawn, as soon as lo
cal governments shall be 'established in these
Mexican States, cajiable of jieifqrmjpg their
duties to the United States, restraining' the
lawless and preservingfpeace along the bor
der.
. I <1° not doubt that this measure, will be
viewed in a friendly spirit by the governments
and the jieople 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 connexion’ premit me to recall
yonr attention to the condition of Arizona.—
The jiopulation of that Territory, numbering,
as is alleged, mine than ten thousand souls,
arc practically without a government, without
laws, and without any regular administration
of justice. Murder and other crimes are com
mitted with impunity. This state of things
calls loudly for redress ; and I, therefore, rc-
jieat my recomendation for tlie establishment
of a territorial government over Arizona.
The jiolitical condition of the narrow isth
mus of Central America through .which tran
sit routes jiass, between the Atlantic and Pa
cific oceans, presents a subject of commercial
nations. It is over these transits, that a large
proportion of the trade and travel between the
European andAsiatiecontincnts, is destined to
jiass. To the United States these ronts arc of
incalculable importance, as a mean of com
munication between their Atlantic and Pacif
ic posessions. The latter now extend through
out seventeen degrees of latitude on the Pacif
ic coast, embracing the imjiortant State of Cal
ifornia and the flourishing Territories of Ore
gon and Washington. All commercial na
tions, therefore, have a deep and direct inter
est, that these communications shall he ren
dered secure from interruption. If an arm of
the sea, connecting the two oceans, jienetra-
ted through Nicaragua and Costa Rica, it
could not be protended that these States would
have the right to arrestor retard its navigation
to the injury of other nations. The transit by
land over this narrow isthmus, occupies near
ly the same jiosition. 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 resjiectcd, it is the duly of other
nations to require, that this imjiortant pas
sage shall not be interrupted, by the civil wars
and revolutionary outbreaks, which have so
frequently occurred in that region. The stake
is too imjiortant, to be left at the mercy of riv
al companies, claiming to hold conflicting con
tracts with Nicaragua. The commerce of oth
er nations is not to stand still and wait the ad
justment of such jietty controversies. The
government of the United States exjiect no
more than this, and they will not be satisfied
with less. They would not, if they could,
drive any advantage from the Nicaragua tran
sit, not common to the rest of the world. Its
neutrality and protection, for the common use
of all nations, is their only object. They
have no objection that Nicaragua shall demand
and receive a fair comjiensation, from the
comjianies and individuals who may traverse
the route ; but they insist that it shall never
hereafter lie closed, by an arbitrary decree of
that government. If disjiutes arise between
it and those with whom they may have on tor
ch into contracts, these must he adjusted by
some fair tribunal provided for the purpose,
and the route must not lie closed (lending the
controversy. Tliis is our whole jxilicy, and it
cannot fail to lie acceptable to other nations.
All these difficulties might be avoided, if
consistently with the good faith of Nicaragua,
the use of tliis transit could tie thrown ojx*n to
general competition ; providing at the same
time for the jiayment of a reasonable rate to
the Nicaraguan goverment, on jiassengers and
freight.
In August, 1852, the Accessory Transit ('om-
jianny mode its first interoccanio triji over the
Nicaraguan route, and continued in successful
ojicration, with great advantage to the pnblic,
until the 18th Febuary, 1856, when it was
closed, and the grant to this eomjiany, as well
as its character, were summarily and arbitra
rily revoked by the government of President
Rivas. Previous to this date, however, in
1854, serious disjiutes concerning the settle
ment of their accounts had arisen lietwcen tlie
eomjiany and the government, threatening the
interruption of the route at any moment—
These the United States in vain endeavored to
comjiose. It would be useless to narrate the
various proceedings which took place between
the jiarties, up tillDie time when the transit
was discontinued. Suffice it to say that, since
February, 1856, it has remained closed, great
ly to thejirejudice of citizens of the United
States. Since that time the comjietition has
ceased between the rival routes of Panama and
Nicaragua, and, in consequence thereof, an
unjust and unreasonable amount has been en
acted from our citizens for their jiassagc to and
from California.
A treaty was signed on the 16th day of No
vember, 1857, by the Secretary of State and
minister of Nicaragua, under the stipulations
which the use and protection of the transit
route would have lK*en secured, not only to
the United States, but equally to all other na
tions. How and on what pretexts this treaty
has failed to receive the ratification of the
Nicaraguan government, will apjiear by the
jiapers herewith communicated from the State
Dejiartment. The prineijial objection seems
to have been, to th« jivovision authorizing the
United States to cmjiloy force to keeji the
route, open, in case Nicaragua should fail to
jierform her duty in this resjiect. From the
feebleness of that republic, its frequent chan
ges of government, and its constant internal
dissensions, this had become a most iinjior-
tant stipulation, and one essentially necessary
not only for the security of the route, but for
the safety of the American citizens jiassing and
repassing to and from our Pacific possessions.
Were such a stipulation embraced in a treaty
between tho United States and Nicaragua, the
knowledge of this fact would of itself most
probably prevent hostile jiarties from commit
ting aggressions on the route, and render
our actual interference for its jirotection un
necessary.
The executive government of this country,
in its intercourse with foreign nations, is lim
ited to the employment of dijffomaey alone.
When this fails, it can proceed no further. It
cannot legitimately resort to force, without,
the direct authority of Congress, except in re
sisting and rejielling hostile attacks. It would
have no authority to enter the Territories of
Nicaragua, even to prevent the destnietion
of the transit, and protect the lives and projv-
erty of onr own citizens on their passage. It
is true, that on?a sudden emergency of this
character, the President would direct any arm
ed force in the vicinity to march to their re
lief ; but in doing tliis lie would act ujion his
resjionsibility.
Under these circumstances, I earnestly re
commend to Congress, tho passage of an act
authorizing the President, under such restric
tions 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 jirotect-
ing the lives and projierty of American citi
zens travelling tliereujion, requiring at the
same time thattheseforvesshall bo withdrawn
the moment tlie danger shall have jiassed
away. Without sncli a provision, our citi
zens will be constantly cxjxised to inter
ruption in their progress, and to lawless vio
lence.
A similar necessity exists for the jiassage of
such an act, for the protection of the Panama
and Tchnantcjiec routes.
In reference to the Panama route, the Uni
ted States, liy their existing treaty with New
Granada, cxjiressly guarantee the neutrality
of the Isthmus, “with the view that the fn*e
transit from the one to the other sea may not
bo interrupted or embarassed in any future
while this treaty exists.”
In regard to the Tehuantepec route, which
has lieen recently opened under the most fa
vorable auspices, onr treaty with Mexico of .
30th Decemlier, 1853, secures to the citizens of
tho United States a right of transit over it for
their persons and merchandise, and stijiulates
that neither government shall “interpose any
obstacle” thereto. It also concedes to the
United States the “right to tranajxirt across
tho Isthmus, in closed bags, the mails of the
United States not intended for distribution
along the line of the communication ; also,
the effectsof the United States government
and its citizens.which may be intended for
transit, and not for distribution on tlie Isth- -
mus, free of custom-house or other charges by
the Mexican government.” j
[cokclomp on tot iksidb.J