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CHROMCLE & SENTINEL
/AJi-r, AJVL> WEKIUjE
BY W. 8. JONES.
PRESIDErsT S messageT”
Fdiov-Citizen* cf the Senate and Haute of Repre
tentative*:
Our deep and heartfelt gratitude is due to that
Almighty Power which has bestowed upon up such
varied and numerous blessings throughout the past
year. The genera! health of the oountry has been
excellent; our harvests have been ucusuaily plen
tiful, and prosperity emiiee throughout the laud.
Indeed, notwithstanding our demerits, we have
much reason to believe, from the past events in
our history, that we l ave enjoyed the special pro
tection of Divine Providence ever since our origin
as a nation. We have been exposed to many
threatening and aiarmirg difficulties in our pro
gress . but on each successive rcoaeion the im
pending cloud Las been dissipated at the moment
it appeared ready to burst upon our Lead, and the
danger to cur institutions has passed away. May
we ever be ui.der the Divine guidance and protec
tionl
HARPERS PERRY
Whilst it is the duty of the President “from time
to time to give to Congress information of the state
of the UrioD,” I shall not refer in detail to the re
cent sad and bkxody occurrences at Harper’s Ferry.
Still, it is proper to observe (bat these events, how
ever bad and cruel in themselves, derive their chief
importance from the apprehension that they are
but symptoms of an incurable disease in the public
mind, which may break out in still more dangerous
outrages and terminate at last in an open war by
the North to abolish slavery in the Sontb. Whilst,
for myself I entertain no such apprehension, they
ought to afford a solemn warring to u? & ! lto beware
of the approach of darger. Our Union is a stake
of such inestimable value as to demand our con
stant and watchful vigilance for its preservation.
In this view, let me implore my countrymen, North
and h'outb, to cultivate the ancient feelings of mu
tual forbearance and good will towards each other,
and strive to allay the deir.cn spirit of sectional ha
tred and strife, now alive in the land. This advice
proceeds from the heart of an old public function
ary, whose service commenced in the last genera
tive, among the wise and conservative statesmen
of that day, now nearly all passed away, and whose
first aod dearest earthly wish is to leave his coun
try tranquil, prosperous, united, and powerful.
We ought to reflect that io this age, and espe
cially in this country, there is an incessant flux and
reflux of public opinion. (Questions which in their
day assumed a most threatening aspect, have now
nearly gone from the memory of men. They are
“volcanoes burnt out, and on the lava and ashes
and squalid scoria- of old eruptions grow the peace
ful o'ive, the cheering vine, and the sustaining
coin '' Such, in my opinion, will prove to be the
fate of the present sectional excitement, should
those who wisely seek to apply the remedy, con
Unite always to confine their tff r!s within the
pale of the Constitutio i. If this course be pursued,
the exi ting agitation on the subject of domestic
slavery, like everything human, will have its day
and give place to other and less threatening contro
versies. Public opinion in this country is ali-pow
erfui, and when it reaches a dangerous excess upon
any question, the good sense of the people will fur
nish tae corrective and bring it back within safe
limits. Still, to hasten this auep.ci«us reeuit, at the
present crisis, we ought to remember that every
rational creature must be presumed to intend the
natural constquencee of his own teaching*. These
who announce abstract doctrines subversive of the
Cons.itution and the Union, must cot be surprised
should their heated partizans advance one step fur
ther, end attempt by violence to carry these doc
tr.ne* into practical effect. In this view of the sub
ject it ought never to be forgotten that however
great may have been the political advantages
resulting from the Union to every portion of our
common country, these would all prove to be noth
ing should the time ever arrive wfctn they cannot
be enjoyed without serious danger to the personal
safety of the people of fifteen members of the Con
federacy If the peace of the domestic fireside |
throughout these States ebcnldever be invaded—if i
the mothers of families within this extensive region
should not be able to retire to rest at night without
suffering dreadful apprehensions of what maybe
their own fatt and that of their children before the
morning—u would be vain to recount to such peo
ple the political benefits which result to them from
the Union. Selt-prtservaticn is the first ins.inet ot
ua'ure ; and therefore ar y state of society in which
ti e sword is all tie time suspended ever the head*
of tie people, must at last become intolerable But
I indulge in do such gloomy forebodings. On tfce
< on'rery, I firmly believe that the eveme at Har
per s berry, by causing the people to pause and
reflect upon the possible peril to their eberisned
institution*, will be the means under Providence,
if a aying the exietieg excitement and preventing
future outbreaks of a similar character. They will
rteo.ve that the Constitution and the Union shall
not be endangered by rash course!*, knowing that
“should the silver cord be loosened or the golden
bowl be bn ken * * at the fountain,” human
power could never reunite the scattered ana Losti.e
fragments.
SLAVERY IS THE TERRITORIES.
I cordially congratu'ate you upon the final settle
ment by the Supreme Court of the United S atesof
the quts ion cf slavery in the Territories, which had
predated an aspect so tiu'y formidable at tfce com
mencement of my admlr istration. The right has
been established of every citizen to take his pro
perty of any kind, including slave®, into the com
non Territories belonging equally to all the States
of tfce Confederacy, aod to have it protected there
under the Federal Consti'ution. Neither Congress
nor tbe territorial legislature nor any human power
has any authority to annul or impair this ves’ed
right The supreme judicial tribunal of he country,
which is a cc-orainate branch of the Government,
has sanctioned and itiirmed these princ pies of
constitutional lav, so manifestly just in themselves,
and so well calculated to promote peace and har
mony among the
the ssr-se of justice which is inherent in our people,
that the property in slaves has never been disturb
ed, to my knowledge, in any of the Territories.—
Even throughout tie late troubles ia Kansas there
hue Lot been any alien pt,es I am credibly inform
ed, 10 interfere, sn a “ii gle instance, with the right
of tbe master. Had any eucb attempt been made,
the judiciary would acubtiees have afforded an
adequate remedy. Should they fail to do this here
after, it will then be time enough to strengthen their
band* by further legislation. Had it been decided
that eithet Congress or the territorial legislature
possess the power to annul or impair the right to
property in slaves, the evil would be intolerable
In the latter event, there would be a struggle for a
majority of the members of the legislature at each
successive election, and tbe eacred rights of pro
perty held under the Federal Comtitution would
depend for the time beiDg ou the result. The agita
lion would thus be rendered incessant whilst the
territorial condition remained, and its baneful in
fiuence would keep alive a dangerou3 exeitement
am-.cg the people of the several States.
Thus has the status of a Territory, during the
intermediate period trom its first settlement until
it shall become a State, been irrevocably fixed by
the final decision of the Supreme Court. Fortunate
has this been for the prosperity of tbe Territories,
as well as the irarquility of tbe States. Now, emi
grants from the North and the South, the East and
the West, will meet in the Territories on a common
platform, having brought with them that specits of
property beet adapted, in tbtir own opinion, to pro
mote their welfare. FioniLatural causes the slavery
question will in each cate scon virtually settle iteelf;
and before the Territory ia piepared tor admission
as a S’ate into the Union this aiscicion, one way or
the other, will have been a foregone conclusion
Meanwhte, the settlement of the new Territory
will proceed without serious interruption, audits
progress atd prosperity wiii cot be endangered or
retarded by violent political struggles.
When iu the progress of events the inhabitants
of any Territory shall have reached the number re
quired to fi rm a State, they will then proceed, in
a regular manner, and in the exercise of tbe rights
of popular sove-eignty, to form a Constitution pre
paratory to admission into the Union. After this
has been done, to employ the language of the
Kansas and Nebra-ka act, they “shall be received
intothe Union with or without slavery, es their
Constitution may prescribe at the rime of their
admission. This sound principle has happily been
recognized, in some form or other, by an almost
unanimous vote of both Houses of the last Con
gress.
THE SLAVE TRADE.
All lawful means at my command have been
employed, and sha! continue to be employed, to
execute tbe laws against the African s ave trade
After a most careful and rigorous examination of
our coasts and a thorough investigation of tbe sub
ject, we have not been able to discover that acy
slavee have been imported into the United States
except the cargo by the W'anderer, numbering
between three and four hundred. These engaged
in this unlawful enterprise hive been rigorously
I prosecuted; but not with as much euccess a-; their
w crimes have deserved. A number of these are
still under prosecution
Our history proves that the Fathers of the Re
public, in advance of all other nations, condemned
the African slave trade. It was, notwithstanding,
deemed expedient by tbe framers of tbe Constitu
tion to deprive Congress of the power to prohibit
“the migration or importation of such persons as
ai.y of the States now existing shall thii k proper to
admit” “prior to the year 18(‘8 ”
It will be seen that this restriction on the power
of Congress was confined to such States only as
might think proper to admft the importation of
slaves. It did not extend to other States or to tbe
trade carried on abroad. Accordingly, we find that
bo early as tbe 22d March, 1794, Congress passed an
act imposing severe penalties aud punishments
upon citizene ard residents of the United States
who should engage in this trade between foreign
nations. The provisions of this act were extended
and enforced by the act of 10th May, 1800.
Again -. The Stales themselves Lad a clear right
to waive the constitutional privilege intended for
their benefit, and to prohibit, by their own laws,
this trade at any time they thought proper previous
to 1808. Several of them exercised this right before
that period, and among them some containing the
greatest number of slaves. This gave to Congress
the immediate power to act in regard to all such
States, because they themselves had removed tbe
constitutional barrier. Conpresa accordingly passed
ac aot on 28 h February, 1803, “ to prevent the im
nortarion of certain persons into certain brates
where, by the laws thereof, their admission is prrbib
bed.” Iu this m-muer tbe importation of African
slaves into the Uni ed State? wa®, to aer®at extent,
prohibited some yeare ia advance of 1808.
Ae the year 1803 approached, Congress de*er
mined not to suffer this trade to exist even for a
rlDgle day after they had the power to abolish it.
On the fid of March, 1807, they passed an act to
take effect “ from and after the let day of Jarua
ry, 1808,” prohibiting the importation of African
slavee intothe United Sta'es. This wa* followed
by subsequent acts of a similar character, to which
I "need not specially refer. Such were the princi
ples and such the practice of cur ancestors more
than fifty years ago in regard to the African slave
trade.
It did not occur to the revered pa*riots who had
been delegates to the convention, and afterwards
became members of Congress, that in parsing these
laws they had violated the Constitution which they
bad framed with so much care and deliberation. —
They supposed that to prohibit Congress, in express
terms, from exercising a specified power before an
appointed day, necessarily involved tbe right to
exerc’se this power after ihat day had arrived.
If this were not tbe case, the framers of tbe Con
stitution bad expended much labor iu vain. Had
they imagined that Congress would possess no pow
er to prohibit the trade either before or *f er 1808,
they would not have taken so much care to protect
tbe Slates against the exercise of this power before
that period Nay, more, they would not have at
tached such vast importance to this provision as to
have excluded it from the possibility of future re
peal or amendment, to which other portions of the
Constitution were exposed. It would, then, have
been wholly unnecessary to engraft on the fifth ar
ticle of the Constitution, prescribing the mi do of
its own future amendment, the proviso, “that no
amendment which may be made prior to the year
one thousand eight hundred and eight, stall in any
manner affect” the provision in the Constitution
securing to tne States tbe right to admit the im
portation of African slaves previous to that period.
According to the adverse construction, the clause
itself, ou which so much care and discussion had
been employed by the members of the convention,
was au absolute nullity :rom the beginning, aud all
that has since been done under it a mere usurpa
tion.
It was well and wise to confer this power on Con
gtess, because, had it been left to the States, its
efficient exercise would have been impossible In
that event, any one S ate could have effectually
continued the tr.de not only for itself, but for all
the other slave States, though never so much
against their will And why ? Because African
slaves, when once brought within the limits of any
one State, in accordance with its law*, cannot
practically be excluded from any other State where
slavery ex s’a And even if all the States had sep
arately pasred laws prohibiting the importation of
slaves, these laws woulj have failed of effect for
want of a naval seres to capture the slavers and to
guard the coasts. Such a force no State can em
ploy in time of peace without the consent of Con
gres*.
These acts of Congress, it ia believed, have, with
very rare and insignificant exceptions, aeeomp ish
ed their purpose. For a period of more than half
a century, there has been no perceptible addition
to the Dumber of cur domestic elavts. During this
period their advancement in civilization, ha* far
surpassed that of any other portion of the A'tican
race. The light and tbe bleesiogs of Christianity
have been extended to them, and both their moral
and & hysieal condition has been greatly improved.
Re open tbe trade, and it wou’d he difli uit to
determine whether the effec' would be more dele
terious on the interests of the master or on these of
tbe native-born slave. Os the evils to the master,
the one most to be dreaded wonld be the introduc
tion of wild, heathen and ignorant barbarians
among the sober, orderly and quiet slaves, whote
ancestors have been on the soil for several genera
tions. This might tend to barbarize, demoralize
and exasperate the whole mass, and produce most
deplorable consequences.
The effect upon the existing slave would, If pos
sible; be still more deplorable. At present he is
i treated with kindness and humanity. He is well
i fed, well clothed and not overworked. II s cord
tion is incomparably better tbau that of the cxdsea
which modern nations cf high civilization have em
ployed as a substitute for African slaves Both the
philanthropy and the self interest of tbe master
have combined to produce this humane result But
let this trade be re opened, and what will be the
effect ? The same, to a oonrder&ble extent, as on
a neighboring island—the only spot now on earth
where the African slave trade is openly tolerated :
and thi® in defiar.ee of solemn treaties with a power
abundantly able at any moment to enforce their
execution. There the maeter, intent upon present
gain, extorts from the slave a* much labor as his
physical powers are capable of enduring, knowing
that, when death comes to his relief his place ran
be supplied at a price reduced to the lowest point
by the competition of rival African siave-tr iders.
Should this ever be the case in our country—which
I do not deem possible—the present useful charac
ter of the domestic institution, wherein those too
old and too young to work, are provided for with
care ami bumauity, and those capable ot labor arc
not overtasked, would undergo an unfortunate
change. The feeling cf reciprocal dependence and
attachment which now exists been master and
slave would be converted into mutual distrust aud
hostility.
But we are obl ged, as a Christian atd moral na
tion, to consider what would be the effect upon
unhappy Africa itself if we should re open tbe
slave trade. This would give the trade an impulse
and extension which it has never had even in its
palmiest days. Tbe numerous victims required to
supply it would convert the whole slave coast into
a perfect Pandemonium, for which this country
would be held responsible in the eyes both of God
and mar. Its petty tribes would then be constant
ly engaged iu predatory wars against ea h o’her
for the purpose of seizing sieves to supply the
Amtrican market. A:1 hopes of African civil.za
tion would thus be ended.
On tbe other band, when a market for African
slaves shall no longer be furnished in Cuba, and
thus all the world be closed against this trade we
may then indulge a reasonable hope for the gra
dual improvement of Africa. The chief motive of
war among the tribe* willceasa whenever there is
no longer any demand for slave*. The resources
of that fertile but miserable country might then be
developed by the hand of industry and afford sub
jects for legitimate foreign and domestic commerce.
In this manner Christianity and civilization may
gradually penetrate tbe existing gloom.
TREATY WITH CHINA.
The wisdom of thee nree pureued by this Gov
ernment towards China has been vindicated by
the Whilst we sustained a neutral posi
tion in the war wagea by Great Britain and Fiance
against the Chinese empire, our late minis er, in
obedience to his instructions, judiciously co ope
rated with the ministers of these Powers in all
peaceful measures to secure by treaty the just
coDcea-ions demanded by the interests of foreign
commerce. The result is that satisfactory treaties
have been concluded with China by the respec
tive ministers of the United Statee, Great Britain,
France and Russia. Ou>- “treaty, or general con
vention of peace, amity and commerce,” with that
empire, was toncluded at Tientsin ou the 18th
June, 1858, and was ratified by tbe Pre.-ideLt, by
and with the advice and consent of the Senate, on
the 2lst of December following.
On tbe 15th Daoember, 1858, John E. Ward, a
distinguished citizen of Ge. rgla, wa® duly com
missioned as envoy extraordinary and minister
pien.potentiary to China. He left the UnitenSta es
tor the place of his destination cn the sth ot Feb
-1 ruary, 1860, bearing with him the ratified copy of
this treaty, and arrived at Shanghai on the 28th
May. From thence he prodeedeato Peking on the
16:b June, but did Dot arrive in that city until tbe
1 27th July. According to the terms of the trea’y the
ratifications were to be exchanged on or before the
18th June, 1859. This was rendered impossible by
reasons and events beyond his control, not neces
sary to detail; but still it is due to the Chinese au
1 thorities at Shanghai to state, that they always as
-1 sured him no advantage should be takeu of the
delay, and this pledge has been faithfully redeemed.
1 On the arrival of Mr. Ward at Peking, he re
-1 quested an audience of the Emperor to present his
letters of credence. This he did not obtam, in con
st quence of his very proper refusal to submit to
tbe humiliating ceremonies required by the eti
quette of thi* strange people in approaching their
sovereign. Nevertheless, tbe interviews on this
question were conducted in the most friendly spi
rit, and with all due regard to his pers< ml feelings
and tbe honor of his country. When a presentation
to his Majesty was found to be impossible, the let
ter of credence from the President was received
with peculiar honors by Kweiliang, “ the Emperor’s
pr.me minister, aud the second man in the empire
to the Emperor himself ” The ratifications of the
treaty were afterwards, on the 16th of August, ex
changed in proper form at Pei tsang. As the ex
change did not take place until after the day pre
scribed by the treaty, it is deemed proper, before
its publication, again to submit it to the Senate
It is but simple justice to the Chinese authorities
to observe, that throughout the whole transaction,
they appear-to have acted iu goed faith and in a
friendly spirit towards the United .States. It is
true this has been done after thi ir peculiar fashion;
but we ought to regard with a lenient eye the an
cient customs cf au empire dating back for thou
sands of yea: s, so far as tbie may be consistent with
our own national honor. The conduct of our own
minister cn the occasion has received my entire
approbation.
In order to carry out the spirit of this treaty, and
to give it full effect, it became necessary to con
clude two supplemental convections—the one for
the adjustment and sati-faction of the claims of our
citizens, and the other to fix the tar,ff cn imports
and exports and to regulate the transit duties and
trade of our merchants with Caina This duty was
satisfatorily performed by our late minister. These
conventions bear date at Shanghai on the Bth No
vember, 1858. Having been considered in the
light of binding agreements subsidiary to the prin
cipal treaty, aud to be carried into execution with
out delay, they do not provide for auy formal
ratification or exchange ©gratifications by the con
tracting parties. This was not deemed necessary
by tbe Chinese, who are already proceeding in
good faith to satisfy the claims of our citizens, and,
it is hoped, to carry out tbe other provisions of the
conventions. S<ill I thought it was proper to sub
mit them to the Senate, by which they were ratified
on the 3d MaroL, 1859. The ratified copi s, how
ever, aid not reach .Shanghai until after the depar
ture of our minister to P-kmg. and these conven
tion* could not, therefore, bo ezoiau ;ed at toe
eame time with the principal treaty. No doubt is
entertained that they will b» ratified and exchanged
by the Chinese government, should this be thought,
advisable; bu% under the circumstance? presented,
I shall cousider them bind big engagements from
their date on both parties, and cause them to b»
published as such for the information and guidance
of our merchants trading with the Chinese empire.
PARAOUAY.
It affords me much satisfaction to inform you
that all our difficulties w ith the republic of Para
guay Lave been satisfactorily adjusted. It happily
did not become necessary to employ the force for
thia purpose whicu Congress had placed at u.y
com man a, under the joint resolution of 2d June,
1858. Ou the contrary, the President of that re
public, in a friendly spirit, acceded promptly to the
just and reasonable demanda ot the Government of
the United States. Our commissioner arrived at
Assumption, the capi ai of the republic, oti the
25th of January, 1859, ami left it on the 17th of
February, having iu three weeks ably and sue
eessfuliy'aceomplished all the objects of his ruissiou.
The treaties which hs has concluded will be imme
diately submittted to the Senate.
In the view that the employment of other than
peaceful means might become neosae&ry to obtain
•* just satisfaction ■" from Paraguay, a strong naval
force was concentrated ih the waters of the La
Plata to await contingencies, whilst our Commis
sioner ascended the rivers to Assumption The
Navy Department is euti led to great credit for
the promptness, efficiency and economy with which
this expedition was fitted out and conducted. It
consisted of nineteen armed vessels, greatandsmall,
carry mg -JO guns and 2,500 men, a! uudsr the
command ot she veteran and gallant Siubrick.
The entire expenses of the expedition have been
defrayed out of the ordiuary appropriations for the
uava! service, except the sum of $289,000, applied
to the purchase of seven of the steamers, consti
tuting a part of it, under the authority of the navel
appropriation aot of the 3d of March last. It is
believed that these steamers are worth more than
their cost, and they are all now usefuily aDd ac
tively employed iu the naval service.
The apptaraace of so large a force, £‘ted out in
such a prompt manner, ia the far distant waters of
the La Plata, and the admirable conduct of the
oliicers and mao employed in it, have had a happy
effect in favor of onr country throughout ail that
remote portion of the world.
FOREIGN RELATION—SPAIN.
Our relations with the great empires of France
and Kuseia, as well as with all tthei governments
on the continent ot Europe, unless we may except
that of Spain, happily continue to be ot toe most
lriedly character.
In my last annual message I presented a state
ment of the unsatisfa Tory condition of our rela
tions with Spain; aud I regret to .-ay that this has
not materially improved. Without specal refer
ence to other claims, even the “ Cuban claims,” the
payment cf which has been ably urged by our min
isters, and m which more than a hundred of our
citizens are directly interested, remain unsatisfied,
notwithstanding both their justics aud their amount
($128,035 51; bad been recognised and ascertained
by the Spanish government itself.
I again recommend that an appropriation be
made *‘to be paid to the Spanish government for
the purpose of distribution among the claimants
iu the AmistaJ case.” Iu common with two of my
predecessors, 1 entertain no doubt that this is re
quired by our treaty with Spa n, of the 27Ur Oto
ber, 1795. The iai.ure to discharge this obligation
has been employed by the cabinet ot Madrid aa a
reason against the settlement of our claims.
PURCHASE OF CUBA.
1 need not repeat the arguments which I urged
in my last annual message in favor of the acquisi
tion of Cuba by fair purchase. My opinions on
that measure reuiam unchanged.' I, therefore,
again in.ite the serious attention of Congress to
this important subject. Without a recognition ot
this policy on their part, it will be almost impossible
to institute negotiations with any reasonable pros
pect of success.
GREAT BRITAIN —RAN JUAN
Until a recent period there was go >d reason ti
beiieve that I sh. uid be able to announce to you,
on the present occasion, that our difficulties wi:h
Great Britain, ar.aing out of the Clayton and B ll
wer treaty, had been finally adjusted iu a manner
alike honorable and sat to both parlies
From causes, however, which the British govern
meat bad uot anticipated, they have not yet com
pleted treaty arrangements with the Republic.' of
Honduras and Nicaragua, in pursuance of the un
derstanding between the two governments. It is,
nevertheless, confidently expected that this good
work will ere long be accomp iehed.
Whilst indulging the hope that no otfc-r subject
remained which could disturb the good und»-rr and
ing between the two countries, the question ai Vug
out of the adverse claims of tne parties to the
Island of San Juan, under the Oregon treaty cf the
loth of June, 1816, suddenly assumed a threaten
ing prominence. In order to prevent unfortunaie
collisions on that remote frontier, the late Secretary
of State, on the l<th July. 1855, addressed a note
to Mr. Crampton. then British Minister at Wash
ington, communicating to him a copy of the in
structi- ns which he [Mr. Marcy] had given, on the
11th July, to Gov. Si.e\en ; , ot Washington Territo
ry, having a special refei ence to an “apprehended
conflict between our citizen? and the British subjects
on the Island of S*n Joan.” To prevent th's’ the
Governor was instructed “that the officers of the
Territory shou'd abstain from all acts on the dispu
ted grounds which are calculated to provoke any
conflicts, so far as it can be done without implying
the concession to the authorities of Great B Stain of
an exclusive right over the premises. The title
ought to be ee'iled before either party ahouii at
tempt to exclude the other by force, or exercise
complete and exclusive sovereign rights within the
fairly disputed limits.”
In acknowieeging the receipt on the next day of
Mr. Marcy’e note, the British minister expressed
entire concurrence “in the propriety of the course
reoommended to the Governor of Washington
Territory by your [Mr. Me cy’sj instructions to
that officer, ’ andstating that he had “lost no time
in transmitting a copy of that document to the
Governor-General of British North America,”and
had "earnestly recommended to ids Excellency to
take such measures as to him may appear best
calculated to secure, on the part of the British local
auttorities and the inhabitants of the neighborhood
of the line in question, the exercise of the eame
spirit of forbearance which is inculcated by you
[Mr. M arc) ] on the authorities aud citizens of the
United Sta'ee.”
Tbue matteis remained upon tbo Lith of this ar
rangement until the 9th July last, when General
llarney paid a visit to the Island, lie found upon
it twenty five American residents with their farni
lies, and also an establishment of the Hudson’s
Bay Company for the purpose of raising sheep. A
short time before his ar.ival one of the residents
had shot an animal belonging to the Company,
whilst trespassing upon his premises, for which,
however, he offered to pay twice its value; but
that was refused Soon after “ the chief factor of
tne Company at Victoria, Mr. Dallas, son in law of
Gov. Douglas, came to the Island In the British
sloop of war Satellite, and threatened to take "this
American (Mr Caller) by force to Victoria, to an
swer for the trespass he had committed. The Ame
rican eeized bis rifle and told Mr Dallas if any such
attempt was made he would kill him on the spot.
Thu affair then ended.”
Under these circumstances, the American set
tlers prssented a petition to the General, “through
the United States inspector of customs, Mr. Ilubbs,
to place a force upon the Island to protect them
from the Indiana as wed as the oppressive inter
ference of the authorities of the Hudson Bay Com
pany at Victoria with their rights as American cit
izens.” The General immediately responded to
this petition, and ordered Captain Geo E. Pickett,
9th infantry, " to establish bis company on Belle
vue, or San Juan Island, on some suitable position
near the harbor at the southeastern extremity.”—
Tlris order was promptly obeyed, and a military
post was established at the place designated. The
force was afterwards increased so that by the last,
return the whole number of troops then on the is
land amounted in the aggregate to 691 men.
Whilst I do not deem it proper on the present
occasion to go further into the subject, and discuss
the weight which ought to ba attached to the state
ments of the Brit : sh colonial authorities, contesting
the accuracy of the information on which the gallant
General ected, it was due to him that I should thus
present bis own reasons for i-suiug the order to
Capt. Pickett. From these it is quite clear his
object was to prevent the British authorities on
Vancouver’s Island from exercising jurisdiction
over American resident on the island of San Juan,
as well as to protect them against the incursions of
the Indiaus.
Much excitement prevai ed for some time through
out that region, and serious danger of collision
between the parties was apprehended. The Br tisb
had a large naval force in the vicinity , and it is but
an aot of simple justice to the admiral on that station
to state that he wisely and discreetly forebore to
commit any hostile act, but determined to refer the
whole affair to his government and await their
instructions.
This aspeot of the matter, iu my opinion, demand
ed serious attention. It would hare been a grfat
calamity for both nations had they been precipita
ted into acts of hostility not on the question of title
to the island, but merely concerning what should
be its condition during the intervening period
whilst the two governments might be employed in
settling the question to which of them it belongs.—
For this reason Lieutenant General Scott was dis
patched on the 17th September last to Washington
Territory to take immediate command of the
United States forces on the Pacific coast should he
deem this necessary. The main object of his mis
sion was to carry out the spirit of the precautionary
arrangement between ifce late Secretary of State
and the Bdtish minister, and thu3 preserve the
peace and prevent collision between the British
and American authorities pending the negotiations
between the two governments. Entertaining no
doubt of the validity of our title, I need scarcely
add that, in any event, American citizenp were to
be placed on a footing at least as favorable as that
of Bnti-h subjects, it being understood that Capt
Pickett’s cempany should remain on the island. It
is proper to observe that, considering the distance
from the scene of action, and in ignorance of what
might have transpired on the spot before the Gene
ral’s arrival, it was necessary to leave much to
Lis dis c. etion, and I happy to s‘ate the event
1 es proven U at this discretion con’d at neve been
; int urred to more competent hard?. Gen. Scott
| has recently returned from his mieeion, having sac
j cesslnlly acocmplislud its object?, urd the re ia no
[ louder any good reason ttf appro heed a collision
| between th- forces of the two c ountries during the
penJertcy cf the existing negotiations.
MEXICO.
I regret to inform you that there has been no
i improvement in the affairs cf Mexico since my last
annual message, arid I am agaiu obliged to ask the
earnest attention ot Congress to the unhappy con
dition of that republic.
The constituent Congress cf Mexico, which ad
journed in the 17th of February, 1857, adopted a
constitution and provided for a popular election.
This took piece ia the following July, [1857,] and
General Comonfort wes chosen President, almost
without opposition. At the eame election a new
Congress w as chosen, whose first session commenced
on the 16th of September, [1857.] By the constitu
tion of 1857, the presiden’ial term was to begin cn
the Ist of December, [1857 ] and ccntinue for four
vetra. On that day General Comonfort appeared
before the assembled Congress in the city cf Mex
ico, took the oaik to support the new constitution,
and was duly inaugurated as President. Within a
mrnth afterwards he had been driven from the
capita!, and a military rebellion had assigned the
supreme power of the republic to General Zaloaga
The constitution provided that in the abseuoe of
the President his office should devolve upon the
Chief Justice of the Supreme Court, and General
Comonfort having left the country, this functionary,
General Juarez, proceeded to form, at Gunajuato,
a coistitutson&i government. Btfrne this was offi
cially known, however, at the capita*, the govern
ment ot Zuk-sga had been recognized by the entire
diplomatic corps, including the minister of the Uni
ted Stale- 1 , as the rie facto government of Mexico.
The ci H.-itiLutiona! President, nevertheless, main
tainad his petition with firmness, and was aco i
established with his cabinet at Vera Cruz. Mean
while, the government ot Zaloaga was earnestly
resisted in many p r s of the republic, and even iu
the capital, a portio n of the army having pronounced
agates: it, i s fui. cions were declared terminated,
and en assembly of ci' /.»ns was invited fjr the
choice of a n w President. This assembly elected
j General Miramon, but tat officer lepudia’ed
the pirn under which he was chosen, and Zu'oaga
was thus restored to Lis previous position. He
assumed if, however, only to withdraw from P, aud
Miramon, Laving become, by bis appointment,
“ President Substitute,” contiiuep, with that title,
at the heed of the insurgent party.
Iu my la=t annual rute-age I communicated to
Congress the circumstances under which the late
minister of the United S’ates suspended his official
relations with the Central government, ana with
drew from the country. It was impossible to
maintain friendly intercourse with a government,
eke that at the capital, under whose usurped au
thority wrong* were constancy committed, but
never redressed. Had thia been an established
government, w ith its power extending, by the con
sent ot the people, over the whole of Mexico, a re
sort to bostilitits ageinst it would have been quite
justifiable, and indeed necessary. But the country
was a prey to civil war, and it was hoped ihat the
success ol the Constitutional President might lead
to a condition of things less injurious to the United
States. This success became so piobable that, in
Jauuary las’, I employed a reliable agent to visit
Mexico, and report t me the actual c ondition and
prospects of the 000 terming parties. Iu conse
quence ot Lie report, and from information which
reached me from o'her sources, lavorebie to the
prospects ol t 0 constitutional cause, I felt justified
i in appointing anew minister to Mexico, who u.ight
j embrace the earliest suitable opportunity of restoring
j our diplomatic rein'lone with that Republic. For
j this ; urpose a die inguished citizen of Maryland
j was seeded, who proceeded on his mission on tba
! 8 h of March las , wi'h discretionary authority to
j rtc guise the government of President Juarez, if,
| on his arrival in Mexico, he should find it entitled
■ such recognition, according to the established
[ practice of 'ha United .Slates.
On the 7th of April following, Mr. McLa ie pre
! sented his credentials to President Ju irez, having
no hesitation “iu pronouncing the government ot
i Juarez to be the only ex song government of the
\ Republic.” He was cordial y received by the au
j thorities at Vera Cruz, aud they have ever since
| manifested the most iriendly disposition towards
; the Uuited .States. Unhappily, however, the con
1 titutionai government lias not been able toe=,ab.irh
j its power over the whole republ c. it is supported
j by a large majority cf t ie people and the States,
I but there are important parts of the country where
. |i- can enforce no obedience. General Miramon
i maintains himself at the capital, «r,d in some cf '
1 the distant provinces there are military governors 1
j who pay little respect to the decrees of either gov- ;
i ermneDt. In the mean time theexo* ssea which &!-■
I way s attend upon civil war, especial,y in Mexico, i
are constantly recurring. Outrages of the wore;
’ description are committed, both upon persons and !
j property. There is ?. nicely any ferm of injury j
j which Las not been suffsred by our citizens ia Mex- I
ico during the last tew* year a We Lave been c- mi- j
cal y at peace with ihat Republic, but “so far as i
the interest? ot cur commerce er of <ur citizens i
who h ive visited the country rs merchant*, el ij* !
masters, or in other capacities, are concerned, we ;
might as well have bt-en at war. ’ Life has been j
insecure, property unprotected, and trade impossi
ble except at a ri-k of Rus which prudent men can
not be expected t> incur. Important contracts, in
volving large expenditures, entered into by the
Central geveremeut, have been set at btfiance by
the local governments. Peaceful American res’i
deu’s, occupying their rightful possessions have
been suddenly exuded the country, ia defiance ot
treaties, and by the mere force of arbitrary power.
Even the course cf justice has not been safe from
control, and a recent decree of Miramon permits
the intervention of government in all suits where
either party is a foreigner. Vessels of the United
States have been seized without law, and a consu
lar officer who protested against such seizure, has
been fined and imprisoned for cisrespect to the au
tborities.
Military contributions have been levied in viola
tion cf every prin iple of right, and the American
w.. 0 resisted the lawless demand has had his pro
perty foicib'y taken away, and has been himself
banished. From a conflict of authority in d ffVrent
parts of the country, tariff' dimes which have been
paid in one p’aci* have bsen exacted over again in
another p ace. Large numbers of our citizens
have beeu arrested and imprisoned without any
form of examination or any opp&rnuity for a hear
icg.ard even when when released have only ob
tained their liberty aft. r much suffering and injury
and without any hope of redrees. The wholesale
massacre of Crahbe and his associates without
trial in Sonora, as well as the seizure and murder
of four sick Americana who had taksn shelter in the
house of ati American, upon the roll of the United
States, was communicated to Congress at i.s last
session. Murders of a still more atrocious charac
ter have been committed iu the very hem of Mexi
co, uud r the authority of Miramon’e government,
during the prese t year. Some ot thc3e were only
worthy of a barbarous age, and, if they had uot
been clearly proven, would have seemed Impossi
ble in a country which claims to be oivilized. Os
this description was the brutal massacre in April
last, by order of Gen. Marquez, of three American
physicians, who were seized in the hospital at Ta
cubaya while attending upon the sick aud the dy
ing pf both parties, and without trial, as without
crime, were hurried away to speedy execution
Little less shocking was the recent fate of Ormond
Chase, who was shot in Topic on the 7tb of August
by order of the same Mexican General, not only
without a trial, but w ithout any corjeeture by bis
friends of the cause of his arrest. lie is represen
ted as a youug man of good character aud intelli
gence, who had made numerous ’needs in Tepic by
the courage and humanity which he had displayed
on several trying occasions, and his death was as
unexpected as it w’as shocking to the whole com
muuity. Other outrages might be enumerated -,
but these are sufficient to illustrate the wretched
state of the country and the unprotected condition
of the persons and property of our citizens in
Mexico.
In all these cases our ministers have been constant
aud faithful in'heir demands for redress, but both
they and this Government, which they have sue
oessfully represented, have been wholly powerless
to make their demands effective. Their testimony
in this respect, and iu reference to the only remedy
which, in their judgments, would meet the exigen
cy, has been both uniform and emphatic “No h
ing but a manifestation of the power - f the Gov
ernment of the United Sta’es, (wrote our late
minister in 1556 ) and of its purpose to punish these
wrongs will avail. I assure you that the universal
belief here h that there is nothing to be spprenend
ed from the Government of the United States, aud
1 that local Mexican officials can commit these
■ outrages upon American citizens with absolute
impunity.” “I hope the President (wrote our
present minister in August las’) will feel authorized
to ask from Congress the power to enter Mexico
with the military forces of the United States, at the
call of the constitutional authorities, in order to
protect the citizens and the treaty tights of the
Uuited States. Unless such a power is conferred
npou him, neither the one nor the other will be
respected in ihe existing state of anarchy and
disorder, and the outrages already perpetrated will
never be chastised ; aad, as I assured you in my
No. 23, all these evils must increase until every
vestige-of order and government disappears from
the country.” I have been reluctantly led to the
same opinion, and, in jaatiee to my countrymen
who have suffered wrongs from Mexico, and who
may still suffer them, I feel bound to announce this
conclusion to Congress.
The case presented, however, is not merely a
case of individual claims, although our just claims
against Mexico have reached a very large amount.
Nor is it merely the case of protection to the lives
and property of the few Americans who may still
remain iu Mexico,although 'he life and property of
every American citizen ought to be sacredly pro
tected in every quarter of the world. But it ;s a
question whicti relates to the future as well aa to
the present aad the past, end which involves, indi
rectly at least, the whole subject of our duty to
Mexico aa a neighboring State. The exercise of
the power of the United States in that country to
redress the wrongs and protect the rights of our
own citizens, is none the leas to be desired, because
efficient aud necessary aid may thus be rendered
at the same time to restore peace and older to
Mexico itself. In the accomplishment of thi3 result
the people of the United States must necessarily
feel a deep and earnest interest. Mexico ought to
1 he a rich and prospe rs -and powerful i'ep r ! v j’ ! c^
i bbe pi,-'.Bdeised oo cxtititiife territuty, a >
! and an iai&lcaiab’e stur’ 1 < f •nics rai * eaun Die
! occupies an Ur pOitan pc i- u btl'.= •:•• n toe K’J »
| and the ocean tar tracer r< fofts and ior oomojorc*;.
' Is it posdblt* that auch a c - Bn'ty m thin e»o b»
1 given up to anarchy and rum w i bout an til >tt
from any quarter for iSa rescua and its safety 1
Will the commercial Dati .na cf ibe world, wr icn
have ao maDy interests connected with it, rennaia
wholly indifferent to such a result? Can the l -si
ted States, especially, which ought to share most
largely ia its commercial intercourse, a'low the’r
imrned ate neighbor thus to des'roy itee’t and injure
them ? Yet, without support irom some quar
ter, it is impossible to perceive how Mexico
can resume her position amcDg nations and enter
upon a career which promises any good results.
The aid which eh-'- requires, and whieb the into
rests of all commercial countries require that she
should have, it belongs to this Government to ren
der, not only by virtue of our neighborhood to Mex
ico, along whose territory we have a continuous
frontier of nearly a thousand miles, but by virtue,
also, of our eateblished policy, which binc-nsistent
with the intervention of any European Power in
the domestic concerns of that republic.
The wroegs which we have suffered freta Mexico
are before the world, and must deeply impress
every American citizen. A government which ia
6 ther unable or unwilling to redress each wrongs is
derelict to it 3 highest duties. The difficulty con
sists in selecting &t. r l enforcing the remedy. We
may in vain apply to the constitutional government
at Vera Cruz, aim ugh it is well ditpored to do ua
justice, for adequate redrera Whilst ita authority
is acknowledged in all the imoortant porta ar.d
throughout the sea coasts of the Kepub.ic, its power
doea not extend to the oily of Mexico and the States
in its vicinity, where neariy ail toe recent outrages
have been committed on American eit zens. We
moat penetrate into the interior bes re we can reach
the offender?, and thia can only be done by passing
through the territory in the occupation of the con
stitutional government. The moat acceptable and
least difficult mode of ac ompiisbing the object wi.l
be to act in concert with that government. Their
C r nrent and their aid might, I believe, be/rbtaiced ;
but if not, our obligation to protect our own citizens
in their juat rights, secured by treaty, wonid njt be
the less imperative. Fur theae reaaots, I recom
mend to V agrees to pass a law authorizing the
President, under Buch condit ora as they may deem
expedient, to employ a pi tliaient military force to
enter Mexico for the pmpoce cf obtaining indemnity
for the past andser fity for the future. I purposely
refrain from any suggestion as to whether th b force
r biil! conaiat of reguiir roop? or volunteers, or both.
This question may be most appropriately left to the
decision cf Congrt-a. I would merely observe
that, should voUmtec-ra be selected, auch a force
could be easily raised in tb.a conn ry among
those who sympathize with the sufferings cf
our unfortunate fellow- KizeDS in Mexico, and
with the unhappy condemn of that republic. —
Such an accet- lon to the forces of the const itatbDfcl
government v-uid enable it soon to reach the city
of Mexico a-i extend its power over the whole
republi -. Ir> .oat event there is no reason to doubt
that be just claims cf our citizens would be
sa'ieri -ii and adequate redresa obtained for the
injure i H cted upon them The constitutional
goverrnr.-nt have ever evinced a strong desire to
do us ju ! ice, and this might be secured in advance
by a preliminary treaty.
It us y be said that these measures will, at least
indirectly, beinccDsia eat wi h our wise and seltled
policy not to interfere in the domestic concerns of
foreign nations. Bat does not the present ease fair
ly constitute an exception t An adjoining republic
ia in a state of anarchy ar.d confusion from whieb
she Las preved wholly unable to extricate herself
She is entirely des'itute of the power to main ain
peace upon her borders, or to prevent the inerr
eioua ot banditti it,to our territory. In her fate
and in her fortune—inker power t> raSahlieh and
maintain a settled g vernment —we have a far
deeper interest, socially, commercially, and pokii
cally than aDy other nati n. She is now a wreck
upon the ocean, drifting about as she ia impelled by
different factions. As a good ne ghbor. shall we
not extend to her a helping hand to rave her ? If we
do not, it would not besuipri-ing should acme other
nation undertake the task and thus furej as to in
terfere at last, under circumstances cf increased
| d fficuity, for the maintenance of oar ea.abiished
: podey.
ARIZONA.
I repeat the recommendation contained in my
last annual message, that authority may be given
to the President to establish one or more temporary
military posts across the Mexican line in Sonora
and Chihuahua, where theae may be necessary to
protect the lives anu props: ty of American at»d
Mexican citizens against the incursions and depre -
dat’ous of the Indians, as well as of lawless rovers
on that remote region. The establishment cf one
such post at a point tailed Ariapa, in Sonora, in a
Country now a most depopulated by the hostile in
! roads of the Indiana from our side of ihe ime.
j would, it is believed, Lave prevented much injury
j and maiiy erusl’ies during the pv*t season A
state of lawlessness and violence prevails on that
distant frontier. Life and property are there wholly
insecure. The population of Arizona, now num
bering more than ten thousand souls, are praeti
cally destitute of government, of laws, or cf any
regu’ar administration cf justice. Murder, rapine
and other crimes are committed with impunity I.
therefore, again rail the attentiona»f Congress to
the necessity fer establishing a territorial govern
ment ever Arizona.
CENTRAL AMERICA.
The treaty with Nicaragua of the 16th February,
IBf>7, to which I referred iu my last annual message,
failed to receive the ratification of :he government
of that republic, for rea uns which I need not enu
merate. A similar treaty his been since concluded
between the parties, bearing ca'e ou the 16tu
March, IS 9, which lias already been ratified by
the Niea aguan Congre s This will be immediate
ly submitted to the Senate for their ratification
Its provisions cannot, I think, fail to be acceptable
to the people of both countries.
Our claims against the governments of Costa
Rica and Nicaragua remain unredreesed, though
they are pressed in an earnest manner, and not
without hope of success.
I deem it to be my duty one 9 more earnestly to
recommend to congress the passage of a iaw author
izing the President to employ the naval force at his
command for the purpose of protecting the lives
and properly of American citizens, passing in tran
sit across the Panama, Nicaragua and Tehuantepec
routes, against sudden and lawlsss outbreaks and
depredations. I shall not repeat the arguments em
ployed in former messages in support of this meas
ure. Suffice it to say that the lives of many of our
people, aud the security of vast amounts of trea
sure passing and repassiug over one or more of
these routes between the Atlantic and Pacific, may
be deeply involved iu tne action of Congress ou
this subject.
PROTECTION OE AMERICAN COMMERCE.
I would, also, again rc<- immtiui to Congress that
authority be given to the President to employ the
nival force to pr-tect American merchent vessels,
th(i>-crews and cargoes, againit violent end law
le?s seizure and confifcatiou in the ports of Mexico
aud the Spanish American States when these coun
tries may be in adistwhstl aud revolutionary c n
d.tk ii. The mi-re knowledge that etch an aaihori
ty bad been een'erred, as I have already stated,
would of itself, in a gieat degree, prevent the evil.
Neither would this require any additional appro
priation for the naval service.
The chief object urged aga iid the grant of this
authority is, that C-n ress, by c irerring it, would
violate the (Jonatitutu n- that it would be a transfer
of the war making, or, strictly epeak'ng, the war
deo'aring power to the Executive. It this were
well founded, i- wou.'t. of corns*, be conclusive. A
very brief txrnuia.. ;i, however, will place this
objection at rest
Congress posio-s-cs th >ole and exclusive power,
under the (bmst.tutK n, ‘"to declare war.” They
alone can “nice and support armies,” and “pro
vide and maintain a navy.” But after Congress
shall have declared war, and pr vided the force
necessary to carry it on. the President as Com
mtnde.’ m-Ckief of the Army and Navy, can alone
employ this force iu making war against the enemy.
I his is tho plaia language, and history proves that
it was the w.H known intention of the framers of
the Constitu ion.
ft will not be denied that the general power to declare
war is without limitation and embraces within itself not
only what writers on the law of the nations term ti pub
lic or perfect war, but also au imperfect war, and iu short
every species ot hostility, however confined or limited
Without the authority of Congress the President cannot
tire a hostile gun in any case, except to repel the attacks
of an enemy. It will not be doubted that under this
power Congress could, if they thought proper, authorise
the President to employ the force at Bis command to seize
a vessel belonging to an American citizen which had been
illegally and unjustly captured in a foreign port and re
store it to its owner. Hut can Congress only act after
the fact—after the mischief has been done t 'Have they
no power to confer upon the President the authority in
advance to furnish instant redress should such a case
afterwards occur ? Must they wait until the mischief
has been done, and can they apply the remedy onlv when
it is too iate / Fo confer this authority to meet future
cases under circumstances strictly specified, is as clearly
within the war declaring pow*r, as such an authority
conferred upon the President by act of Congress after
the deed had been done. Iu the progress of a great na
tion many exigencies must arise, imperatively requiring
that Congress should authorise the President to act
promptly on certain conditions which may or mav not
afterwards arise. Our history has already presented a
number of such cases. I shall only refer to the latest
l ndor the resolution of June 2d, ISSS, ‘ for the adjust
mont of difficulties with the Republic of Paraguay " the
President is “authorised to adopt such measures, aud use
such force as in his judgement may be necessary aud ad
visable in the event ot a refusal of just satisfaction by
the government of Paraguay.' -Just satisfaction" for
what ! For “the attack on the United States steamer
Water Witch," and “other matters referred to iu the
annual message of tho President.” Here the power is
expressly granted upon the condition that the Govern
ment of Parageay shall refuse to render this just satis,
faction. In this and other similar cases Congress has
conferred upou the President power iu advance to em
ploy the army and navy upon the happening of contin
gent future events; and this most certainly is embraced
within the power to declare war.
Now, if this conditional and contingent power could
be constitutionally conferred upon the President in the
case ot Paraguay, why may it not lie conferred for tho
purpose ot protecting the lives and property of American
citizens in the event that they may be violently and
unlawfully attacked in passing over the transit routes to
and from California, or assailed by the seizure of a ves
sel iu a foreign port t To deny this power is to reader
the navy in a great degree useless for the protection of
the lives and property of American citizens in countries
where neither protection nov redress can be ootherwise
obtained.
POSTPEEICE DEPARTMENT
i 7£i«y-Flfth C.'mgrew terminated « a
l -B. without ha ving passed the . A
appropriation f or the of’*hVp *
1 ”hb
U th « 5™ seethe origin of the Federal'
ernment, now wore than seventy !
Congre went out of existence Vithom
a.I the general appropriation hills necessary to l
the Government until the regular period f« the V° n
«.f a new Congress. This event imposed on tv > " tm S
tb. ; a grate responsibility. It presented a chofcf"}
Had this omission o duty occurred at the fir •* •» ■
of the as: Congre i the remedy would have
I might then have nsuntly reialied them to : °-
their work—and this without expense to tie n m?
ment. Hut on the -ith of Man h iau there w.-l r^«r, €ra '
of ha Guriy-three States which hid not „> e .“f*® 63
represeotat ves to the present Congress. Hpa ar>y
been called to,e: er immed.ately these S*->*s nßfr, ? s
have been virtually disfranchised. If an *,nT» P IIP a d
period had been selected, several of the Su-l Z
have been comp-Red ohold extra es.,ions of theo. 0 , 81 * 1
gisia ures. at great inconvenience and ex Den e t,e
v. for elections at an eariie day than that prev owlv
fixed by law. In the regu ar cmr-e, tenot these
1 »“ a ' d cc> ‘- el « rt nan! as er the begmoing of Amra.t
i five of these ten not uutii October and November ’ 1
On the other hand, when I came to exam ae cireb-r.
the cond.ti&n of the Post Office Departsne— 1 did y
meet as many o as great urfficalties as I u
, tended Had the bill which - led been couLeTto
ajpropnat.cts forth- fi talye rtedirgon the -ftth ,
■ June next, there would have oeen no reason of nresL.
1 importance for the call cf au extra session Nothin!
would oecome due on contract* (those with ra lruad’csn
i pan es oniy excepted.) f. r carrying the mail for thefi-o
■ quirt-ro the present fiscal vea-, commem- ng on
i 2s« of July, until the Ist of Ovceabw-les. ?h« on e
week b-fore the meeting of the present Congre is tv
. teiaon U that the mail com actons for this the current
year dm not complete their first q-aatt-rs service
: the 30th September last ; and by the terms ofTh e r n ‘
tracts i xty days more are allowed for the settlement
their actornts oefore the Department conld be cai
1 on for payment f'
[ The great d.fficuity and the great hardshp consists
• in the faJnre to provide for the parmen- of the dert.-iej
cy in the fiscal year ending the 30;h June 1C69 Th
. Department bad entered into contracts, in of ed^cri,
exi-tmg for the servic of that fiscal yea- and th
1 contractors were fairly entit ed to their comp n-a'ma a,
It became due. Tm deficiency as stated m the
bill amounted to eJ,o3“,7te, but after a -areful k«
i tremeat < f ail these a counts, it has been ascerta
, that it amonats to $4 296.0J9 With the scanty mean.
■ at command the Postmaster General has mima-td tn
pay that portion of thia deficiency which ofe rred^in
, the first two quarters of the pan fiscal year, enaius <1
tke3lst December last. In them antime the contra fora
themsc ves, under these trying circumstances, j. av _
haved in a mane er worthy of ail commendation Tfc-v
i had one resource in tte m d-t of their embar.a-s me n.:
1 A ter the a out.at due to esehof them h.d been ascer'
tain-d and final:y ret lei according to law, thi3 becamn
' a specific debt of recod agamstthe United s £& t- 3
which er abied them *o borrow money on this unqu-g-i.*’.
able-ereriry Still they were 00l ,ed t pay i u ter st v
, conaeqn * .ceof th- d ;aultof-fongress, am o e e-y
pri icipUo: j o c on tt t • r,eeiv« icte.est from ti e
Govt-Tc.—. cu. ' -*i.s T:--. slioUid commence iro -be
i date when a war:ant womd naie beta issued for
, pay nent o'the principal h«d an appropriation been
i madefr this parpo-.e Ca.ualateo cp to last Decembe*-
! it »i - not exceed S >6 660—a sum not to he taksa n’o’
accouct w hen contracted with the great difficulties and
i embarmaanrenu of a p _blic and private bo h
to thepi opie and the Sta.ca, wh ch would have n-’su tea
from convening and holding a speeial sesj.ou-of con
gress.
For these reasons, I recommend the passage o' a b'!l
at as early a day as may be practicable, to provide for
the oaym-nt of the amount, w.th interest, due to these
las; mentioned contractors, ss well as to make the ne
cessary a;' propriatiocs for the service of the Postoffice
Departm-nt for tee current fisea year.
'1 he tai urn to pa-s the Postoffise bi.lnecevsariiy gives
birth t >sr;oua refiections Coogress by reiusing to
pas- the general appropr at on bias nccer;ary to car y
<>c the Government, may not oniy arrest its act #3 but
might even destroy it. existence ihe army, ibe navy,
the indiclary, in short, every department of the tiovern
ment, can au longer perf .rm their functioDs if Congre;s
refas - the motey necesaary for their support, if this
failure shonla t-ach the coun-ry theneces.-ity of e ec inz
afj! Cor g--. s in suffi ient t me to enable the preside t
to conven - them in any emergency, even immeaiaiely
after the ola Congress has ex red. it will have been
productive of great good. In affine of sadden and alarm
lag dan. er, foreign or dot--: c whi.ha i Lations must
expe t to encounter in t *1: p-ogress, the very salva
t'ou r-f onr iust.tat-.oos cay c- -used sh«' assein
b‘. ligof Coagr. =8 wi.uca: dray If uuiersach circum
»t»n-:«, the President thru.d find Himself in the condi
tion .a which he was place Ja: :-e c’.o ? e of the last Con
gress v. ith ne»ry halt ;he Sta:-s of the Union desti
tute of r- j -esan a-.ves, tnecocsequeaces might be dis
astrous 1,-tnere ore, recommend to C -ogress to carry
into etTect the provision* of the Uonsfitatioa on this
subject, and to pas? a law appointing some fay previous
to the ith of March in etch year of odd turner for the
e eenon of representatives throughout all the States,
fhrv hive a ready appoint* 1 a day for the election of
s ectors for President and Vice-President, and this mea
sure ha? been approved by the country.
PACIFIC RAILROAD.
1 would again express a most decided opinion in fa
\x cf the construction of a Pacific railroad, f >r the ret
ions stated la my two last annua! messages. When I re
fiect upon whs r w aid be the def-mceieas ennditi >n of
car S atessnd Terri lories ivust of the Rocky mountains
ia c:s? “fa war w.th a naval p wer suffi.- eat y strong
to iatempu all interc urse w .th them by the mutes
across th - Isthmus. I am still more convinced than ever
of the vast importsn.ee cf this rail-oad I have never
doubted tLs constitut or!»1 competency of Congress to
provide f r it* construction, but this exclusively under
the « a '-making power. B?sdes. the Constitution ex
pressly requires, as an imp-ritive duty that • the United
State* shall protect each 1 f them (the’States) against in
vastou.” lamat a loss to conceive h-w this protection
can ce afforded to California and Oregon against such a
naval power by any other means. I repeat the opin on
contained in my la; t annual message, that it would be
iaexp; d ent for the Government to undertake this great
work by agents cf ita own appo-'n’meot and under its di
rect and exclusive control Th s would i crease the pat
ronage of the Executive to a dangerous -xteit, acd
w. aid foster a sysiem of jobbing and crrcp'ion which
no vigilance cn the part cf the Federal officials could
prevent. The construction of this toad ought, therefore,
10 be tm ted to in orporated companies, oroth-r agen
cies. who would exercise that active and vigilant srper
visfon ..ver it which can be inspired alone by a sense of
corporate and individual interest I venture to assert
that the additional cost of transporting tr. ops, muni ions
of war, and necessary sup, lies for the army across ;hs
vast int-rve-ing plains to our possessions on the Pacific
coast would be greater in such a war than the while
amount required to construct the road. And yet th s
r, sort would, after all, by inadequate for their deience
and protect on.
financial.
We have yet scarcely recovered from the habits of ex
travagant expenditure, produced by our overflowing Trea
sury. during several years prior to the corumanceruent of
my administration. The financial reverses which we have
since experienced ought to teach us all to scrutinize our ex
penditures with the greatest vigilance, and to reduce them
to the lowest possible point. The Executive Departments
of the Government have devoted themselves to the accom
plishment of this object with considerable success, as will
appeßr from their different reports and estimates. To theso
I invite the scrutiny of Congress, for the purpose of reduc
ing them still lower, if this be practicable, consistent with
the great public interests of the country. In aid of the
policy of retrenchment 1 pledge myself to examine closelr
the lulls appropriating lands or money, so that if anv ot
these should inadvertently pass both Houses, as must some
times be the case. I may afford them an opportunity for re
consideration. At the same time we ought never to forget
that true public economy consists, not iu withholding the
means necessary to accomplish important national objects
confided to us by the Constitution, but in taking care that
the money appropriated for these purposes shall be faithful
ly and frugally expended.
It will appear from the report of the Secretary of the
Treasury that it is extremely doubtful, to say the least,
whether we shall be able to pass through the present aud
the next fiscal year without providing additional revenue.
This can only be accomplished by strictly confining the ap
propriations within the estimates of the different Depart
ments, without making an allowance for any additional ex
penditures which Congress may think proper iu their di*-
cretion, to authorize, and without providing for the re
demption of any portion of the $20,000,800 of Treasury
notes w hich have been already issued. In the event of*
deficiency, which 1 consider probable, this ought never to
be supplied by a resort to additional loans. It would be s
ruinous practice in the days of peace and prosperity to go on
increasing the national debt to meet the ordinary expenses
of the Government. This policy would cripple our resour
ces aud impair our credit in case the existence of war
should reader it necessary to borrow money. Should sucii a
deficiency occur as I apprehend, 1 would recommend that
the necessary revenue be raised by an increase of our pre
sent duties on imports. 1 need not repeat the opinion# ex
pressed in my last annual message as to the best mode rrd
manner of accomplishing ibis object and shall now merety
observe that these have since uudergouo no change.
The report of the Secretary of the Treasury will explain
in detail, the operations of that Department of tho Govern
ment.
The receipts into the Treasury from ail sources during the
fiscal year ending 3- th June, li>s9, including the loan author
ized by the act cfllth June, l&So. and the issue of Treasury
notes authorized by existing laws, were $61,692,471 1
which sum with the balance of $6,598,3i6 10, remaining >«
the Treasury at the commencement of that fiscal year, mad l ;
an aggregate lor the service of the year ofof 88,039,787 11.
The public expenditures during the fiaearyear endingSCtii
June. 1853, amounted to $83,751,511 57. Os this sum. #l'.'
405,285 44 were applied to the payment of interest on p u!l
lie debt and the redemption of tiie issues of Treasury not**-
The expenditures for all other branches of the public a *7‘
vice during that fiscal year were, therefore, $66,356,-J>
The balance remaining in the Treasery on the 1«
1853, being the commencement of the present fiscal y ear >
was *4,333,275 54. ,■
The receipts into the Trcasnty during the first quarter 0
the present fiscal year, commencing July Ist, 1853. w pr
$211,618,81)5 85. Os this amount $3,821,3v0 was tec*' 1 e< ?fo
account of the loan and the issue of Treasury not*® •
amount of $16,797,565 85 having been received “ unn *q-j !S
quarter from the ordinary sources of public revenue. -
estimated receipts for the remaining three <Ji* art ® r! '” so
present fiscal year to 30th June, 1860, are .so-ed
this amount it is estimated that $5,756,400 w-ik be ret
for Treasury notes which mav be reissued under tn*
section of the act of 3d March last, and $1,170.01-
count of the loan authorized by the act ot June 14,
making $6,926,400 from these extraordinary source# “
public revenue—making an aggregate, with the t>ai
the Treasury on the is. July, 1853, of $75,384,511 89 >“ r
estimated means of the present fiscal year eudmg -
lbtit), _ ,
The expenditures during the first quarter 01 tM P
fisc a year were $20,007,174 76. $4,664,306 76 ot J“. “i.
ivi re applied to the payment of interest on the put** ,y e
and the redemption ot the issue of Treasury notes,
remainder, being. $15,342,808, were applied to ° r ,j,[ Urt -i
penditui-es dunng the quarter. The estimated expeu
during tiie remaining three quarters, to June 30. 1 \ (or
$40,995,558 23. Os which sum $2,886,621 34 are esu»» 180 , .
the interest ou the public debt. The ascertained
mated expenditures for the fiscal year ending 3tt f 0...
1860, on account of the public debt, are, according
550,988 10, and for the ordinary expenditures ot me 2
ment $53,451,744 89, making an aggregate ,%r’scih ot
leaving an estimated balance iu the Treasury on t
June, 1860, of $14,381,808 40. . e ndief
The estimated receipts during the next fiscal y .efl
30th June. 1861, are $66,225,000, which, withtheW* uU
timated, as before stated, as remaining in the a ger yice
the doth June, 1860, will make an aggiegate tor tne
of the next fiscal year of $80,6<i6,308 40. ~ j r e*r
The estimated expenditures during U at
ending Soth June, 1861, are $66,714,928 79 Ot tbt tb a
$3,386,621 34 will he required to pav ri’.e _‘ u “ f t |, e es
public debt, leaving the sum ol $b3,3f0,307 4- c „,;iug
timated ordinary exqendituresduring thefisca so ps
30th June. 1861. I'pon these estunaiea 8 1^;*" t t ? # jAS9l.-
left in the Treasury on the 30th Juue, t»bl,
But tliis brhuice, as well as that estimated to appvo
treasury on the Ist July, Dfo, will be reduced ctria a
priatious as shall be madefy law to cany ked for by j''
Indian treaties during the present fiscal vc •, s - <t atid«V“
Secretary of the Interior, to the U esendee etj; ”
tiie estimates of tin- Postmaster General tor wt #
I-epamuent th* last fiscal y ear, ending 80th J^e,