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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