Newspaper Page Text
B. ELLIS & Cos., Proprietors,
VOLUME VI.
PRESIDENT’S MESSAGE.
Fellow-Citizens of the Senate and House of Rep
resentatives :
Vv'hen wo compare the condition of the country
at the present day with what it was one year ago,
at the meeting of Congress, Ave have much reason
for gratitude to that Almighty Providence, which
has never failed to interpose for our relief, at the
most critical periods of our history. One year
ago. the sectional strife between the North and the
South on the dangerous subject of slavery, had
again become so intense as to threaten the peace
and perpetuity of the confederacy. The applica
tion for the admission of Kansas as a State into
the t nion, fostered this unhappy agitation, and
brough tne whole subject once more before Con
gress. It was the desire of every patriot that such
measures Of legislation might be adopted as would
remove the excitement from the States, and con
fine itto the Territory where it legitimately be
longei. Much has been done, lam happy to say,
towards the accomplishment of this object, during
the last session of Congress.
The Supreme Court of the United States had
previously decided, that all American citizens
have an equal right to take into the Territories,
whatever is held as property under the laws of
any of the States, and to hold such property there
under the guardianship of the federal constitution,
so long as the territorial condition shall remain.
This is now a well-established position, and the
proceedings of the last session were alone wanting
to give it practical effect. The principle has been
recognized, in some form or other, by an almost
unanimous vote of both houses of Congress, that
a Territory has a right to come into the Union
cither as a free or slave State, according to the
will of a majority of its people. The just equality
of all the States has thus been vindicated, and a
fruitful source of dangerous dissension among
them has been removed.
Whilst such has been the beneficial tendency of
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 iniluence, the revolution
ary Topeka organization and all resistance to the
territorial government established by Congress,
have been finally abandoned. Asa natural con
sequence, that line Territory now appears to be
tranquil and prosperous, and is attracting increas
ing thousands of immigrants to make it their hap
py 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 disas
trous to its authors. Had the people of the Ter
ritory yielded obedience to the laws enacted by
their legislature, it would at tho present moment
have contained a large additioul population of
industrious and enterprising citizens, who have
boon deterred from entering its borders by tho
existence of civil strife and organized rebellion.
It was the resistance to rightful authority and
the persevering attempts to establish a revolu
tionary government under tho Topeka constitu
tion, which ausod the people of Kansas to com
mit the grave error of refusing to vote for dele
gates to the convention to frame a constitution,
under a law not denied to be fair and just in its
provisions. This refusal to vote has been the pro
lific source of all tho ovils which have followed.
In their hostility to the territorial government,
they disregarded the principle absolutely essen
tial to the working of our form of government,
that a majority of those who vote—not the majori
ty who may remain at home, from whatever
cause—must decide the result of au election. For
this reason, seeking to take advantage of their own
error, they denied the authority of the convention
thus elected to frame a constitution.
The convention, notwithstanding, proceeded to
adopt a constitution unexceptionable in its gener
al features, and providing for the submission of
the slavery question to a vote of the people, which
in my opinion, they were bound to do, under the
Kansas and Nebraska act. This was the all-im
portant question which had alone convulsed the
Territory; and yet the opponents of the lawful
government, persisting in their first error, refrain
ed from exercising their right to vote, and pre
ferred that slavery should continue, rather than
surrender their revolutionary Topeka organi
zation.
A wiser and better spirit seemed to prevail be
fore the first Monday in January last, when an
election was held under tho constitution. A ma
jority of the people then voted for a governor and
other Sfttte officers, for a member of Congress,
and members of the State Legislature. This elec
tion was warmly contested by the two political
parties in Kansas, and a greater vote was polled
than at any previous election. A large majority
of tho members of the Legisla t ure elect, belonged
to that party which had previously refused to vote.
The anti-slavery party were thus placed in the as
cendant, and the political power of tho State was
in their own hands. Had Congress admitted Kan
sas into the Union under the Leeompton constitu
tion, the Legislature might, at its very first session
have submitted the question to a vote of the peo
ple, whether they would or would not have a con
vention to amend their constitution, either on the
slavery or any other question, and have adopted
all necessary means for giving speedy effect to the
will of the majority. Thus the Kansas question
would have been immediately and finally set
tled.
Under these circumstances, I submitted to Con
gress the constitution thus framed, with all the
officers already elected necessary to put the State
government into operation, accompanied 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 retrospect, has given me more
heartfelt satisfaction. Its admission could have
inflicted no possible injury on any human being,
whilst it would, within a brief period, have restor
ed peace to Kansas and harmony to the l nion.
In that event the slavery question would ere this
have been finally settled, according to the legally
expressed will of a majority of the voters, and
popular sovereignty would thus have been vindi
cated in a. constitutional manner.
With my deep conviction of duty, I could have
pursued no other course. It is true, that, as an
individual, I had expressed an opinion, both be
fore and during the session of the convention, in
favor of submitting the remaining clause of the
constitution, as well as that concerning slavery, to
the people. But, acting in an official character,
neither myself nor any human authority had the
nower to rejudge the proceedings of the conven
tion, and declare the constitution tv hich it had
framed to be a nullity. 1 o have done this would
have been a violation of the Kansas and Nebraska
act, which left tho people of the Territory “per
feetlv free to form and regulate their domestic in
stitutions in their own way, subject ouiv to the
Constitution of the United States.” It would
equally have violated the great principle ot popu
lar sovereignty, at the foundation ot our institu
tions, to deprive the people ot the power, it they
thought proper to exercise it, of confiding to dele
gates elected by themselves the trust of framing a
constitution, without requiring them to subject
their constituents to the trouble, expense and de
lay of a second election. It would have been in
opposition to many precedents in our history,
commencing in the very best age of the republic,
of the admission of Territories as States into the
Union, without a previous vote of the people ap
proving their constitution.
It is'to be lamented that a question so insignifi
cant when viewed in its practical effects on the
people of Kansas, whether decided one way or
i he other, should have kindled such a flame of ex
citement throughout the country. This reflection
may prove to >0 a lesson of wisdom and of warn
ing for our future guidance. Practically consid
ered, the question is simply whether the people of
that Territory should first come into the Union and
then change any provision in their constitution
not agreeable to themselves, or accomplish the
very same object by remaining out of the Union
and framing another constitution in accordance
with their will. In cither case, the result would
he precisely the same. The only difference in point
of fact is, that the object would have been much
sooner attained, and the pacification of Kansas
more speedily effected, had it been admitted as a
State during the last session of Congress.
My recommendation, however, for the immedi
ate admission of Kansas, failed to meet the ap
probation of Congress. They deemed it wiser to
adopt a different measure for the settlement of the
question. For my own part, I should have been
willing to yield my assent to almost any constitu
tional measure to accomplish this object. I,
therefore, cordially acquiesced in what has been
called the English Compromise, and approved the
‘•'Act for the admission of the State of Kansas into
the Union” upon the terms therein prescribed.
Under this ordinance which accompanied the
Leeompton 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 enter
ing the Union; and also the alternate sections of
land for twelve miles on each side of two railroads
proposed to he constructed Horn the Northern to
the Southern boundary, 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 State on an equal
footing with the original States, but “upon the
fundamental condition precedent” that a majority
of the people thereof, at an election to be held for
that purpose, should, in place of the very large
grants of public lands which they had demanded
under tho ordinance, accept such grants as had
been made to Minnesota and other now States.—
Under this act, should a majority reject, the prop
osition ottered them, “ it shall be deemed and held
that the people of Kansas do not desire admission
into the Union with said constitution under the
conditions sot forih in said proposition.” In that
event, the act authorizes the people of the Territo
ry to elect delegates to form a constitution and
State goverment for themselves, “whenever, and
not before, it is ascertained by a census, duly and
legally taken, that tho population of said Territo
ry equals or exceeds the ratio of representation re
quired fora member of the House of Representa
tives of the Congress of tho United States.” The
delegates thus assembled “ shall first determine by
a vote whether it is tho wish of the people of the
proposed State to be admitted into the Union at
that time, and, if so, shall proceed to form a con
stitution, and take all necessary steps for the es
tablishment of a State Government in conformity
with the federal constitution.” After this consti
tution shall have been formed, Congress, carry
ing out the principles of popular sovereignty and
non-intervention, have left “ tho mode and man
ner of its approval or ratificatian by the people
of the proposed State” to be “prescribed by law,”
and they shall then be admitted into the Union
as a State under such constitution thu3 fairly and
legally made, with or without slavery, as said con
stitution may prescribe.
An election was held throughout Kansas, in
pursuance of the provisions of this act, on the se
cond day of August last, audit resulted in the re
jection, by a large majority, of the proposition
submitted to the people by Congress. This being
the case, they are now authorized to form another
constitution, prepartory to admission into the
Union, but not until their number, as ascertained
by a census, shall equal or exceed the ratio re
quired to elect a member of the House of Repre
sentatives.
It is not probable, in the present state of the
case, that a third constitution can be lawfully
framed and presented to Congress by Kansas, be
fore its population shall have reached the design
ated number. Nor is it to be presumed that, after
their sad experience in resisting 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 1850, much time
in Congress was occupied on the question of admitt
ing Kansas under the Topeka Constitution. Again
nearly the whole of the last session was devoted
to the question of its admission under the Le
compton constitution. Surely it is not unreason
able to require the people of Kansas to wait, be
fore making the third attempt, until the number
of their inhabitants shall amount to ninety three
thousand Your hundred and twenty. During this
brief period the harmony of the States, as well
as the great business interests of the country, de
mand that the people of the Union shall not for a
third time be convulsed by another agitation on
the Kansas question. By waiting for a short
time, and acting in obedience to law, Kansas will
glide into the Union without the slightest impedi
ment.
This excellent provision, which Congress have
applied to Kansas, ought to be extended and ren
deredapplicable to all Territories which may here
after seek admission’ into the Union.
Whilst Congress possesses the undoubted power
of admitting anew State into the Union, however
small may be the number of its inhabitants, yet
this power ought not, in my opinion, to be exer
cised before the population shall amount to the
ratio required by the act for the admission of Kan
sas. Had this been previously the rule, the coun
try would have escaped all the evils and misfor
tunes to which it has been exposed by the Kansas
question.
Of course, it would be unjust to give this rule a
retrospective application, and exclude a State
which, acting upon the past practice of the gov
ernment. has already formed its constitution, elec
ted its legislature and other officers, and is now.
prepared to enter the Union.
The rule ought to be adopted, whether we con
sider its bearing on the people of the Territories
or upon the people of tho existing States. Many
of the serious diaseutions which have prevailed in
Congress and throughout the eouutry, would have
been avoided, bad this rule been established at an
earlier period of the govemnent.
Immediately upon the formation of anew Ter
ritory. people from different States and trom for
eign countries rush iuto to, tor the laudable pur
pose of improving their condition. Their first du
ty to themselves is to open and cultivate iarms,
to construct roads, to establish schools, to erect
places of religious worship, and to devote their
energies generally to reclaim the wilderness and
to lay the foundations of.a flourishing and pros
perous commonwealth. If, in this incipient con
dition, with a population of a few thousand, they
should prematurely enter the Union, they are
oppressed by the burden of State taxation, and
the means necessary for the improvement of the
Territory and the advancement of their own in
terests, are thus diverted to very different pur
poses.
The federal government has never been a liber
al parent to the Territories, and a generous eon
tibutor to the useful enterprises of the early set
tlers. It has paid the expenses of their govern
ments and legislative assemblies out of the com
mon treasury, and thus relieved them from a
heavy charge. Under these circumstances, noth*
THE UNION OF THE STATES, AND THE SOVEREIGNTY OF THE STATES.
COLUMBUS, GEORGIA. FRIDAY, DECEMBER 10, 1858,
ing can be better calculated io retard their mate
rial progress, than io divert them from their useful
employments, by prematurely exciting angry
political contests among themselves, for the bene
fit of aspiring leaders. It is surely no hardshq
for embryo governors, senators, and members ot
Congress, to wait until the number of inhabitants
shall equal those of a single congressional dis
trict. They surely ought not to be permitted to
rush into the Union, with a population less than
one-half of several of the large counties in the in
terior of some of the States. This was the condi
tion of Kansas when it made application to be
admitted under the Topeka constitution. Resides,
it requires some time to render the mass of a pop
ulation collected in anew Territory, at all homo
geneous, and to unite them on anything like a
fixed policy. Establish the rule, and ail will look
forward to it and govern themselves according
ly. h
llut justice to the people of the several States
requires that this rule should be established by
Congress. Each State is entitled to two senators
and at least one representative in Congress.
Should the people of the States fail to elect a Vice
President, the power devolves upon tho Senate to
select this officer from the two highest candidates
on the list. In case of the death of the President
tha Vice President thus elected by the Senate, be
comes President of ihe United States. On all
questions of legislation, the Senators from the
smallest States of the Union have equal vote
with those from the largest. The same maybe
said in regard to the ratification of treaties, and
ofExecutive appointments. All this has worked
admirably in practice, whilst it conforms in prin
ciple with the character of a government institu
ted by sovereign States. I presume no American
citizen would desire the slightest change in the
arrangement. Still, is it not unjust and unequal
to the existing States to invest some forty or fifty
thousand people collected in a Territory with the
attributes of sovereignty, and place them on an
eqal footing with Virginia and New York in the
Senate of the United States ?
For these reasons, I earnestly recommend ihe
passage of a general act, which shall provide that
upon the application of a territorial legislature
declaring their belief that the Territory contains
a number of inhabitants which, if in a State,
would entitle them to elect a member of Congress,
it shall be tho duty of the President to cause a
census of tbo inhabitants to be taken, and if found
sufficient, then by the terms of this act to author
ize them to proceed “in their own way” to frame
a State constitution prepartory to admission into
the Union. I also recommend that an appropria
tion may be made to enable the President to take
a census of tho people of Kansas.
The present condition of the Territory of Utah
when contrasted with what it was one year ago,
is subject for congratulation. It was then in n
state of open rebellion, and cost what it might, the
character of the government required, that this re
bellion should be suppressed and the Mormons
compelled to yield obedience to tho constitution
and the laws. In order to accomplish this object,
as I informed you in my last annual message. 1
appointed anew governor instead of Brigham
Young, and other federal officers to take tho place
of those who, consulting their personal safety, had
found it necessary to withdraw from the Territo
tory. To protect these civil officers, and to aid
them, as a posse comitatus in the execution of the
laws in case of need, I ordered a detachment ol
the army to accompany them to Utab. The neces
sity for adopting these measures is now demon
strated.
On the 15 th of September, 1857, Governor Young
issued his proclamation, in the style of an indepen
dent sovereign, announcing his purpose to resist
by force of arms the entry of the United States
troops into our own Territory of Utah. By this
he required all the forces in the Territory, tc
“hold themselves in readiness to march at a mo
ment’s notice to repel any and all such invasion/
and established martial law from its date through
out the Territory, These proved to be no idle
threats. Forts Bridget* and Supply were vacated
and burnt down by the Mormons, to deprive’ our
troops of a shelter after the long and fatiguing
march. Orders were issued by Daniel H. Wells,
styling himself “ Lieutenant General, Nauvoo Le
gion,” to stampede the animals of the United
States troops on their March, to set fire to their
trains, to burn the grass and the whole country
before them and on their flanks, to keep them
from sleeping by night surprised, and to blockade
the road by felling tx’ees, and destroying the fords
of rivers, &e. &e. &e.
These orders were promptly and effectually
obeyed. On the 4th October, 1857, the Mormons
captured and burned on Green River, three of our
supply trains, consisting of seventy-five’ wagons
loaded with provisions and tents for tho army,
and carried away several hundred animals. This
diminished the supply of provisions sb materially
that General Johnston was obliged to reduce the
ration, and even with this precaution, there was
only sufficient left to subsist the troops until the
first of June.
Our little army behaved admirably in their en
campment at Fort Bridgcr, under these trying pri
vations. In the midst of the mountains, in a drea
ry, unsettled, and inhospitable region, more than
a thousand miles from home, they passed the se
vere and inclement winter without a murmur.—
They looked forward with confidence for relief
from their country in due season and in this they
were not disappointed.
The Secretary of War employed all his ener
gies 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
hopeless, and thus terminate the war without the
effusion of blood. In his efforts he was efficiently
sustained by Congress. They granted appropri
ations sufficient to cover the deficiency thus ne
cessarily created, and also provided for raising
two regiments-of volunteers, “for the purpose of
quelling disturbances in the Terrstory of Utah, for
the protection of supply and emigrant trains, and
the suppression of Indian hostilities on the fron
tiers.” Happily, there was no occasion to call
these regiments into service. If there had been,
I should have felt serious embarrassment in se
lecting them, so great was the number of our
brave and patriotic citizens anxious to serve their
country in this distant and apparently dangerous
expedition. Thus it has ever been, and thus may
it ever be!
The wisdom an I economy of sending sufficient
reinforcements to Utah are established not only by
the event, but in the opinion of those who, from
their position and opportunities, are the most ca
pable of forming a correct judgment. General
Johnston, the commander of the forces, in address
ing the Secretary of War from Fort Bridger, un
der date of Oct. 18, 1557, expresses the opinion
that “unless a large force is sent here, from the
nature of the country, a protracted war on their
(the Mormons) part is inevitable.” This he con
sidered necessary, to terminate the war -speedily
and more economically than if attempted by in
sufficient means.”
In the mean time, it was my anxious desirethat
the Mormons should yield obedience to the consti
tution and the laws, without rendering it necessa
ry to resort to military force.. To aid in.accom
plishing this object, I tleemed.it advisable in April
last, to despatch two distinguished citizens ol the
United States, Messrs. Powell and McCulloch, to
Utah. Thev bore with them a proclamation ad
dressed by invself to the inhabitants ol L tab, da
ted on the sixth day of that month, warning them
of their true condition, and bow hopeless it was on
their part to persist in rebillion againefthe United
States, uud ottering all those who should subiu
to the laws a full pardon for their past seditioi s
and treasons. At the same time, I assured thos<
who should persist in rebellion against the Uniter
States, that they must expect no further lenity
but look to be rigorously dealt with oceording tt
their deserts. The instructions to these agents,
as well as a copy of the proclamation, and their
reports are herewith submitted. It will be seen
by their report of the 3d of July last, that the?
have fully confirmed the opinion expressed by
General Johnston in the previous October, as t*
the necessity of sending reinforcements to Utah.
In this they state that they “are firmly impresses
with the belief that the presence of the army here
and the large additional force that had been order-
I ed to this Territory, were the chief inducements
1 that caused the Mormons to abandon the idea of
j resisting the authocity of the United States. A
J less decisive policy would probably have resulted
in a long, bloody and expensive war.”
These gentlemen conducted themselves to my
entire satisfaction, and rendered useful services in
executing the humane intentions of the govern
ment.
It also affords me great satisfaction to state,
that Gov. Gumming has performed his duty in an
able and conciliatory manner, and with the hap
piest effect. I cannot, in this connexion, refrain
from mentioning the valuable services ofCol. Titos.
L. Kane, who, from motives of pure benevolence,
and Without any* official character or pecuniary
compensation, visited Utah during the last inclem
ent winter for the purpose of contributing to the
pacification of the territory.
I am happy to inform you that the governor
and other civil officers of Utah, are now perform
ing their appropriate functions without resistance.
The authority of the constitution and the laws has
been fully restored, and peace prevails throughout
the territory.
A portion of the troops sent to Utah are now en
camped in Cedar valley, 44 miles southwest ol
Salt Lake City; and the remainder have been or
dered to Oregon to suppress Indian hostilities.
The march of the army to Salt Lake City,
through the Indian Territory, has had a powerful
effect in restraining the hostile feelings against the
U. States which existed among the Indians in that
region, and in securing emigrants to the Far West
against their depredations. This will also be the
means .of establishing military posts and promo
ting settlements along the route.
I recommend that the benefits of our land laws
and pre-emption system be extended to the people
of Utah, by the establishment of a laud office in
that Territory.
I have occasion, also, to congratulate 3*oll. on
the result of our negotiations with China.
You wore informed by my last annual message,
that our minister had been instructed to occupy a
aeutral position in the hostilities conducted by
dreat Britain and France against Canton. lie
was, however, at the same time, directed to co-op
jrate cordially with the British and French min
isters, in all peaceful measures to secure by treaty
those just concessions to foreign commerce, which
tho nations of tho world had a right to demand.
It wa3 impossible for me to proceed further than
this on my own authority, without usurping the
war-making power, which, under the constitution,
belongs exclusively to Congress.
Besides, after a careful examination of the na
ture and extent of our grievances, I did not believe
they were of such a pressing and aggravated cha
racter, as would have justified Congress in declar
ing Avar against the Chinese empire, without first
making another earnest attempt to adjust them
by peaceful negotiation. I was tlie more inclined
to this opinion, because of the severe chastisement
which had then but recently been inflicted upon
the Chinese by our squadron, in the capture and
destruction of the Barrier forts, to avenge an al
leged insult to our flag.
The eA’ent has proved the wisdom of our neu
trality. Our minister has executed his instruc
tions with eminent skill and ability, In conjunc
tion with the Russian plenipotentiary, he has
peacefully, but effectually, co-operated with the
English and French plenipotentiaries ; and each
of the four powers has concluded a separate treaty*
with China, of a highly satisfactory character.—
The treaty concluded by our oavu plenipotentiary,
Avill immediately bo submitted to the Senate.
I am happy to announce that, through the ener
getic yet conciliatory efforts of our consul general
in Japan, anew treaty has been concluded with
that empire, which may be expected materially to
augment our trade and intercourse in that quar
ter, and remove from our countrymen the disabili
ties which have heretofore been imposed upon the
exercise of their religion. The treaty shall be sub
mitted to the Senate for approval without delay.
It is my earnest desire that every misunder
standing with the government of Great Britain,
should he amicably and speedily’ adjusted. It has
been the misfortune of both countries, almost ev
er since the period of the revolution, to have been
annoyed by a succession of irritating and danger
ous questions, threatening their friendly relations.
This has partially preA’ented the full development
of those feelings of mutual friendship between the
people of the two countries, so natural in them
selves aud so conducive to their common interest.
Any serious interruption of the commerce between
the United States and Great Britain, Avould be
equally injurious to both. In fact, no two na
tions have tyer existed on the face of the earth,
which could do each other so much good or so
much harm.
Entertaining lbese sentiments, I am gratified to
inform you. that the long-pending controversy be
tween the two governments, in relation to the
question of visitation and search, has been
bly adjusted. The claim on the part of Great
Britain, forcibly to visit American vessels on the
high seas in time of peace, could not be sustained
under the law ofnations, and it had been overruled
by her own most eminent jurists. This question
was recently brought to an issue, by the repeated
acts of British cruisers, in boarding and search
ing our merchant vessels in the Gulf of Mexico
and the adjacent seas. These acts wore the more
injurious and annoying, as these waters are tra
versed by a large portion of the commerce and
navigation of the United States, and their free and
unrestricted use is essential to the security of the
coastwise trade between different States of the
Union, Such vexatious interruptions could not
fail to excite the feelings of the country, and to re
quire the interposition of the government. Re
monstrances were addressed to the British govern
ment against these violations of our rights of sov
ereignty, and a naval force was at the same time
ordered to the Cuban waters, with directions “to
protect all vessels of the United States on the high
seas, from search or detention by the vessels of war
of any other nation.” These measures received
the unqualified and even enthusiastic approbation
of the American people. Most fortunately, how
ever, no collision took place, and the British gov
ernment promptly avowed its recognition of the
principles of international law upon this subject,
as laid down by the government of the United
States, in the note of the Secretary of State to the
British minister at Washington, of April 10, ISSB,
which secure the vessels of the United States upon
the high seas from visitation or search in time of
peace, under any circumstances whatever. The
claim has been abandoned in a manner reflecting
honor on the British government, and evincing r
iust regard for the law of nations, and carnot fail
to .-i engthen the amicable relations between the
two countries.
The British government, at the same time, pro
posed to the United States that some mode should
J be adopted, by a mutual arrangement between the
two countries, of a character which may be found
liecuve AYiumui being offensive, for verifying the
nationality of vessels suspected on good grounds ol
carrying false co.ors. They have also invited the
united States to take the initiative, and propose
neasures for this purpose. Whilst declining to
assume so grave a responsibility, the Secretary of
State has informed the British government that
we are ready to receive any proposals which they
may feel disposed to offer, having this object in
view, and to consider them in au amicable spirit.
A strong opinion is, however, expressed, that the
occasional abuse of the Uug of nuy nation, is an
,-vil far less to be deprecated than Avould be the es
tablishment of any regulations which might be
incompatible with the freedom of the seas. This
government has yet received no communication,
specifying the manner in which the British gov
ernment Avould propose to carry out their sugges
tion; and I am inclined to believe that no plan
Avhieh can be devised, will be free from grave em
barrassments. Still, I shall form no decided opin
ion on the subject, until I shall have carefully, and
in the best spirit, examined any proposals which
they may think proper to make.
1 am truly sorry I cannot also inform you that
the complicate is between Great Britain and tho
United States, arising out of the Clayton and Bul
wer tr feity of April, 1850, haA*e been finally adjust
ed.
At the commencement of your last session, I hoc!
reason to hope that, emancipating themselves from
further unavailing discussions, the two govern
ments would proceed to settle the Central Ameri
can questions in a practical manner, alike honor
able and satisfactory to both; and this kopo-I haA*c
not yet abandoned. In my last annual message,
I stated that overtures had been made by* the Bri
tish government for this purpose, in a friendly
spirit, Avhieh 1 cordially reciprocated. Their pro
posal was, to withdraw these questions from di
rect negotiation betAveen the two governments;
but to accomplish the same object, by* a negotiation
between the British government and each of the
Central American republics, whose territorial in
terests are immediately iuA olved. The settlement
Avas to be made in accordance with the general ten
or of the interpretation placed upon the Clayton
and Bulwer treaty by the United States, with cer
tain modifications. As negotiations are still pend
ing upon this basis, it would not be proper for me
noAv to communicate their present condition. A
final settlement of these questions is greatly to be
desired, as this Avould wipe out the last remaining
subject of dispute betAveen the tAvo countries.
Our relations with the great empires of France
and Russia, as avcll as vrith all other governments
on the continent of Europe, except that of Spain,
continue to be of tho most friendly character.
With Spain our relations remain in au unsatis
factory condition. In my message of December
last, I informed you that our envoy extraordinary
aud minister plenipotentiary to Madrid had asked
for his recall; and it was my purpose to send out
anew minister to that court, with special instruc
tions on all questions pending between the two go
vernments, and aa ith a determination to have them
speedily amicably adjusted, if that were pos
sible. This purpose ha3 been hitherto defeated by
causes which I need not enumerate.
The mission to Spain has been entrusted to a
distinguished citizeu of Kentucky, who will pro
ceed to Madrid without delay, and make another
and a final attempt to obtain justice from that 6o
vernment.
Spanish officials, under the direct coutrol of the
captain-general of Cuba, have insulted our nation
al flag, and, in repeated instances, have from time
to time inflicted injuries on the persons and prop
erty of our citizens. These have given birth to
numerous claims against the Spanish government,
the merits of which have been ably discussed for a
series of years, by our successive diplomatic repre
sentatives. Notwithstanding this, wo have not
arrived at a practical result in any single instance,
unless we may except the case ol the Black War
rior under the late administration; and that pre
sented an outrage of such a character as would
have justified an immediate resort to war. All our
attempts to obtain redress have been baffled
and defeated. The frequent and oft-recurring
changes in the Spanish ministry have been em
ployed as reasons for delay. We have been com
pelled to wait, again and again, until the new
minister shall have had time to investigate the
justice of our demands.
Even what have been denominated “the Cuban
claims,” in which more than a hundred of our cit
izens are directly interested, have furnished no ex
ception. These claims were for the refunding of
duties unjustly exacted from American vessels at
different custom-houses in Cuba, so long ago as
the year 1844. The principles upon which they
rest are so manifestly equitable and just, that after
a period of nearly ten years, in 1854, they were
recognised by the Spanish government. Proceed
ings were afterwards instituted to ascertain their
amount, and this was finallj’ fixed according to
their own statement (with which we are satisfied)
at the sum of one hundred and twenty-eight thou
sand six hundred and thirty-five dollars and fifty
four cents. Just at the moment, after a delay of
fourteen years, when he bad reason to expect that
this sum would be repaid with interest, we have
received a proposal offering to refund one-third of
that amount, (forty-two thousand eight hundred
and seventy-eight dollars and forty-one cents,)
but without interest if wo would accept this in
full satisfaction. The offer is also accompanied
by a declaration that this indemnification is not
founded on any reason of strict injustice, but is
made as a special ft*Tor.
One alleged cause for procrastination in the
examination and adjustment of tour claims arises
i from an obstacle which is the duty of the Spanish
government to remove. Whilst the captain-gene
ral of Cuba is invested with general despotic au
! thority in the gouernment of that island, thepow-
I er is withheld from him to examine and redress
wrongs committed by officials under his control,
on citizens of the United States. Instead of making
our complaints directly to him ai Havana, we are
obliged to present them through our minister ai
Madrid. These are then referred back to the cap
tain-general for information, and jmuoh time is
thus consumed in preliminary investigations and
correspondence between Madrid and Cuba, before
the Spanish government will consent to proceed
to negotiation. Many of the difficulties between
the two governments would be obviated, and a
long train of negotiation avoided, if the captain
general were invested with authority to settle
questions of easy solution on the spot, where all
the facts are fresh, and could be promptly and
satisfactorily ascertained. We have hitherto in
vain urged upon the Spanish government to con
fer this power upon the captain-general, and our
minister to Spain will again be instructed to urge
this subject on their notice. In this respect we oc
cupy a'different position from the powers of Europg.
Cuba is almost within sight of our shores; our com
merce with it is far greater than that of any other
nation including Spain itself,and our citizens are
in habits of daily and extended personal inter
course with every part of the island. It is there
fore, a great grievance that, when any difficulty
occurs, no matter how important, which might be
readily settled at the moment, we should be obli
ged to resort to Madrid, especially when the very
first step to be taken there is to refer back to Cu
ba.
The truth is that Cuba, in its existing colonial
condition, is a constant source of injury and an
noyance to the American people. It is the only
spot in the civilized world where the African slave
trade is tolerated; and we are bound by treaty
with Great Britain, to mant&in a naval force on
PEYTON H. COiaUITT, (
JAMES W. WABBEN. \ Edltor,L
the coast of Africa, at much expense both of life
and treasure, solely for the purpose of arresting
slavers bound to that island. The late serious
difficulties between the United States and Great
Britain respecting the right of search now so bap
ily terminated, could never hove arisen if Cuba
had not afforded a market for slaves. As long as
this market remains open, there can be no hop©
for civilization of benighted Africa. Whilst the
demand for slaves continues iu Cuba, war will’ be
waged among the petty and barbarous chiefs in
Africq, for the purpose of seizing subjects to supply
this trade. In such a condition of affairs, it is
impossible that the light of civilization and reli
gion can ever penetrate those dark abodes.
It has been made known to tlm world by my
predecesssors. that the United states have, on
several occasions, endeavored to acquire Cuba
from Bpaiu by houorable negotiation. If this
were accomplished, the last relic of the African
slave trade would instantly disappear. We would
not, if wo could, acquire Cuba iu any other man
ner. This is due to our national character. All
the territory which we have acquired since the
origin of the government has been bvjfair purchase
from France, Spain and Mexico, or by the free and
voluntary act of the independent State of Texas,
in blending her ‘destinies ,our own. This
course wo shall ever pursue, unless circumstances
should occur, which we do not now anticipate,
rendering a departure from it clearly justifiable,
under the imperative and overruling law of self
preservation.
The island of Cuba from its peigraphical posi
tion, commands the mouth of the Mississippi, and
‘the immense annual increasing trade foreign and
coast-wise from the valley of that noble river, now
embracing half of the sovereign States of the
Union. With that Island under the dominion of a
distant foreign power, this trade, of vital impor
tance to these States, is exposed to the danger of
being destroyed in time of war, and it has hither
to been subjected to perpetual injury and annoy
ance in time of peace. Our relations w ith Spaiu,
which ought to bo of the most friendly character, •
must always be placed in jeopardy, while theexis
ting"oelonial government over the Island shall
remain in its present condition.
Whilst the possession of the Island would be of
vast importance to tin* United States, its value to
Spain is, comparatively, unimportant. Such was
the relative situation of the parties, when the
great Napoleon transferred Louisiana to the Uni
ted States. Jealous as lie ever was, of the nation
al honor and interests of France, no person
throughout the world, has imputed blame to him,
for accepting a pecuniary equivalent for this ces
sion.
The publicity which has been given to our for
mer negotiations upon this subject, and the largo
appropriation which may bo required to effect the
purpose, render it expedient, belore making anoth
er attempt to renew the negotiation, that. 1 should
lay the whole subject before Congress. This is
especially necessary, as it may become indispen
sable to success, that I should be intrusted with
the means of making an udvame to the Spanish
government immediately after the signing of tho
treaty, without awaiting tho ratification of it by
the Senate. lam encouraged to inuko this sug
gestion, by the example of Mr. Jefferson prev.ous
to the purchase of Louisiana from France, and by
that of Mr. Polk in view of the acquisition of
territory from Mexico. 1 refer the Whole subject
to Congress, Snd commend it to their careful con
sideration.
I repeat the recommendation made in my mes
sage of December last, in favor of an appropria
tion “to be paid to the Spanish government for
the purpose of distribution among the claimants
in the Armsted case.” President Polk first made
a similar recommendation in December, 1847, and
it was repeated by my immediate predecessor in
December, 1858. I entertain no doubt that in
demnity is fairly due to these claimants nnder our
treaty with Spain of the 27th October, 1795; and
whilst demanding justice we ought to do justice.
An appropriation promptly made for this purpose,
could not fail to exert a favorable influence on our
negotiations with Spain.
Our position in relation to the independent
States south of us on this continent, and especial
ly those within the limits of North America, is of
a peculiar character. The northern boundaries
of Mexico, is coincident with our own southern
boundary from ocean to ocean ; and we must ne
cessarily feel a deep interest in all that concerns
the well-being and the fate of so near a neighbor.
We have always cherished the kindest wishes for
the success of that republic, and have indulged
the hope that it might at last, after all its trials,
enjoy peace and prosperity under a free and stable
government. We have never hitherto interfered,
directly or indirectly, with its internal affairs, and
it is a duty which we owe to ourselves, to protect
the integrity of its territory, against the hostile
interference of any other power. Our geographi
cal position, our direct interest in all that concerns
Mexico, and our well-settled policy in regard to
the North American continent, render this an in
dispensable duty.
Mexico has been in a state of constant revolu
tion, almost ever since it achieved its indepen
dence. One military leader after another has
usurped the government in rapid succession ; and
the various constitutions from time to time adop
ted, have been set at naught almost as soon as
they were proclaimed. The successive govern
ments have afforded no adequate protection, eith
er to Mexican citizens or foreign residents, against
lawless violence. Heretofore, a seizure of the cap
ital by a military cbeiftain, has been generally
followed by at least the nominal submission of the
country to his rule fur a brief period, but not so at
the present crisis of Mexican affairs. A civil war
has been raging for some time throughout the re-’
public, between the central government at the city
of Mexico, which has endeavored to subvert tl •
constitution last framed, by military power, and
those who maintain the authority of that constw
tution. The antagonist parties each hold posses
sion of different States of the republic, and the
fortunes of the war are constantly changing.
Meanwhile, the most reprehensible means have
been employed by both parties to extort money
from foreigners, as well as natives, to carry on this
ruinous contest. The truth is, that this fine coun
try, blessed with a productive soil and a benign
climate, has been reduced by civil dissension to a
condition of almost hopeless anarchy and imbe
cility. It would be vain for this government tc
attempt to enforce payment in money of the claims
of American citizens, now amounting to more han
ten million dollars, against Mexico, because sh<
is destttute of all pecuniary means to satisfy tbcs<
demands.
Our late minister was furnished with amplt
powers and instructions for the adjustment of al
pending questions with the central government o
Mexico, and he performed his duty with zeal am
ability. The claims of our citizens, some of then
arising out of the violation of an express provis
i>n ot he treaty o Guada’oupe Hidalgo, and oth
| ers from gross injuries to persons as well as prop j
erty, have remained unredressed and even unnoti 1
Iced. Remonstrances against those grievance*
have been addressed without effect to that goverr
i ment. Meantime, in various parts of the repub }
lie, instances have been numerous of the murde’ j
I imprisonment, and plunder of our citizen?, by dr j
ferent parties claiming and exercising a loci
jurisdiction ; but the central government, althoug ■
repeatedly urged thereto, have made no efio
either to punish the authors of these outrages •
to prevent their recurrence. No Ameri< an citizc
can now visit Mexico on lawful business, witho*
imminent danger to hi* person and property
NUMBER 86