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PRESIDENT'S MESSAGE
fellow-citizen g of the Senate and
House of Representatives :
Our deep and heart felt gratitude is due to that
Almighty Power which has bestowed upon us such
varied and numerous blessings throughout the
past year. Ttie general health of the country has
been excellent; our harvests have been unusually
plentiful; and prosperity smiles throughout the
land. Indeed, notwithstanding our demerits, we
have much reason to believe, from the past events
in our history, that we have enjoyed the special
protection of Divine Providence ever since our
origin as a nation. We have been exposed to many
threatening and alarming difficulties in our pro
gress; bin on each successive occasion the im
pending cloud lias been dissipated at the monieut
it appeared ready to hurst upon our h-ad, and the
danger to our institutions has passed away. May
we ever be under the Divine guidance and protec
tion !
Whilst it is the duty of the President “from
time to time to give to Congress inform itiou of the
state of the Union,” I shall not refer in detail to
the recent sad and bloody occurrences at Harper’s
Ferry. Still, it is proper to observe that these
events, however bad and cruel in themselves, de
rive their chief importance from the apprehension
that they are but symptoms of an incurable dis
eise 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 slave
ry in the South. Whilst, for myself, I entertain
no such apprehension, they ought to afford a
solemn warning t<> us all to beware of the approach
ot danger. Our Union is a stake of such inesti
mable value as to demand our constant and watch
tul vigilance for its preservation. In this view,
let me implore my countrymen, North and South’
to cultivate ihe ancient feelings of mutual forbear
ance ami good will towards each other, aud strive
to allay the demon spirit of sectional hatred and
strife now alive in the land. This advice proceeds
from the heart of an old public functionary whose
service commenced in the last generation, among
the wise and conservative statesmen of that day,
now nearly all passed away, and whose first and
dearest earthly wish is to leave his country tran
quil, prosperous, united, and powerful.
We ought to reflect that in this age, and espe
cially in this country, thete is an incessant flux
und reflux of public opinion. Questions, which in
their day assumed a most threatening aspect, have
now pearly gone from the memory of men. They
are “volcanoes burnt out, and on the lava and
ashes and squalid scoriie of old eruptions grow the
peaceful olive, the cheering vine, and the sustain
ing corn.” 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
tinue always to con Hue their efforts within the pale
of the Constitution. If this course be pursued, the
existing agitation on the subject of domestic sla
very, like everything human, will have its dm and
give place to other and less threatening contro
versies. Public opinion in this country is all-pow
erful; and when it reaches a dangerous excess up
on any question, the good sense of the people will
furnish the corrective and bring it back within
safe limits. Still, to hasten this auspicious result,
at the present crisis, we oiig'd to remember that
every rational creature must be presumed to in
tend the natural consequences of his own teach
ings. Those who announce abstract doctrines
subversive of the Constitution and the Union,
must not be surprised should their heated parti
sans advance one step further, and attempt by vio
lence to carry these doctrines into practical effect,
in this view ot the subject 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
alljprove to he as nothing, should the time ever-ar
rive when they cannot be enjoyed without serious
danger to the personal safety ot the people of fif
teen members ot the Confederacy. It’ the peace of
(he domestic lireside throughout these States
should ever he invaded, if the mothers of families
within this extensive region should not be able to
retire to rest at night without suffering dreadful
apprehensions of what may be their own fate and
that of their children before the morning, it would
he vain to recount to such a people the political
beuetits which result to them from the Union.
Self-preservation is the first instinct of nature; and
therefore any state of society in which the sword
is all the time suspended over the heads of the
people, must at last become intolerable. But I
indulge in u such gloomy forebodings. On the
contrary, 1 tirmly believe that the events at Har
per’s Ferry, by causing the people to pause and
refleet upon the possible peril to their cherished
institutions, will be the means, under Providence,
of allaying the existiug|excitement; and preventing
future outbreaks of a similar character. They
will resolve that the Constitution and the Union
shall not be endangered by rash counsels, know
ing that, should “the silver cord be loosed or the
golden bowl be broken ■ * at the fountain,”
human power could never re-unite the scattered
and hostile fragments.
I cordially congratulate you upon the final set
tlement by the Supreme Court of the United States
of the question of slavery itt the Territories, which
had presented an aspect so truly formidable at
the commencement of tnv Administration. The
right has been established of every citizen to take
his property of any kind, including slaves, into
ihe common Territories belonging equally to all
ihe States of the Confederacy, and to have it pro
jected there under the Federal Constitution. Neith
er Congress nor a Territorial Legislature, nor any
human power, has any authority to annul or impair
this vested right. The Supreme judicial tribunal
ot'*he country, which is a co-ordinate branch of
the Government, has sanctioned aud affirmed ihese
principles of constitutional law, so manifestly just
in thcmseTvcS, and so well calculated to promote
peace and harmony among the States, li is a
striking proof of the sense of justice which is in
herent m our people, that the property in slaves
has never been disturbed, to my knowledge, in
any of the Territories. Kveil throughout the late
troubles in Kansas there has not been any attempt,
as 1 am credibly informed, to interfere, in a single
instance, with (lie right of the master. Had any
such attempt been made, the judiciary would,
doubtless, have afforded an adequate remedy.
Should they fail to do tins hereafter, it will theu
be time enough to strengthen their hands by fur
ther legislation. Had it been decided that either
Congress or the Territorial Legislature possess
the power to annul or impair the right to property
in slaves, the evil would he intolerable. In the
latter event, there would be a struggle for a ma
jority “t the members of the Legislature at each
successive election, and the sacred rights of pro
perty held under the Federal Constitution would
depend tor die time being on the result. The agi
tation would thus be rendered incessant whilst
the Territorial condition remained; and its bane
ful influence would keep alive a dangerous excite
ment among the people of the several States.
Thus has the status of a.Territory, during the
intermediate period from its first settlement until
it shall become a Slate, been irrevocably fixed by
the final decision of the Supreme Court. Form
nate has this been for the prosperity of the Terri
tories, as well as the tranquility of the States.
Now, emigrants 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 species of property best adapted, in their own
opinion, to promote their welfare. From natural
causes the slavery question will in each case soon
virtually settle itself; and before the Territory is
prepared for admission as a State into the Union j
,*bis decision, one way or the other, will have been
a foregone conclusion. Meanwhile the settlement
of the new Territory will proceed without serious
interruption, and its progress and prosperity will
not be endangered or retarded by violent political
struggles.
When m the progress of events the inhabitants
of any T> rritory shall have reached the number
required to form a State, they will then proceed,
in a regular manner, and in the exercise of the
rights of popular sovereignty, to form a Constitu
tion preparatory to admission into the Union.
After this has been dime, to employ the language
of the Kansas and Nebraska act, they “shall be
received into the Union with or without slavery, ;
as their Constitution may prescribe at the time ot 1
their admission.” This sound principle has hap
pily been recognised, in some form or other, by an
almost unanimous vote of both Houses of the last
Congress.
All lawful means at my command have been em
ployed, and shall continue to be employed, to exe
cute the laws against the African slave-trade. Af
ter a most careful und rigorous examination of our
coasts, and a thorough investigation of the subject,
we have not been able to discover that anv slaves
have been imported into the United States except
the cargo by the Wanderer, numbering between
three and four hundred. Those engaged in this
unlawful enterprise have been rigorously prosecu
ted; but not with as much success as their crimes
have deserved. A number of them arc 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 the framers of the Constitu
tion to deprive Congress of the power to prohibit
“the migration or importation of such persons as
any of the States now existing shall think proper
to admit” “prior to the year one thousand eight
hundred and eight.”
It will be seen that this restriction on the pow
er of Congress was confined to such States only as
might think proper to admit the importation of
slaves. It did not extend to other States or to the
trade carried on abroad. Accordingly, we find
that so early as the 22d March, 1794, ’Congress
passed an act imposing severe penalties and pun
ishments upon citizens aud residents of the Unit
ed States who should engage in this trade between
foreign nations. The provisions of this act were
extended and enforced by the act of loth Mav
1300. ‘
Again: The States themselves had a clear right
wa j ve constitutional privilege intended lor
their benefit, and to prohibit, by their own laws,
tins trade at any time they thought proper previ
ous to 1808. Several of them exercised this right
before that period, and amoDg them some contain
ing the greatest number of slaves. This gave to
Congress the immediate power to act in regard to
all such States, because they themselves bad re
moved the constitutional barrier. Congress ac
cordingly passed an act on 28th February, 1803, “to
prevent the importation of certain persons into cer
tain States where, by the laws (hereof, their ad
mission is prohibited.” In this manner the im
portation of African slaves into the United States
was. to a great extent, prohibited some years in
advance of 1808.
As the year 1808 approached, Congress deter
mined not to suffer this trade to exist even for a
single day after they had the power to abolish it.
On the 2d of March, 1807, they passed an act to
take effect ‘ from and after the Ist d.iy of January,
1808,” prohibiting the importation of African
slaves into the United States. This was followed
by subsequent acts of a similar character, to which
1 need not specially refer. Such were the princi
ples and such the practice of our ancestors more
than fifty years ago in regard to the African slave
trade.
It did not occur to the revered patriots who had
been delegates to the convention, and afterwards
became members of Congress, that in passing
these laws they had violated the Constitution
which they had framed with so much care and de
liberation. They supposed that to prohibit Con
gress, in express terms, from exercising a specified
power before an appointed day, necessarily in
volved the right to exercise this power after that
day had arrived.
If this were not the case, the framers of the
Constitution had expended much labor in vain.
Had they imagined that Congress would possess
no power to prohibit the trade either before or af
ter 1808, they would not have taken so much care
to protect the Slates against the exercise of this
power before that period. Nay more, they would
not have attached such vast importance to this
provision as to have excluded it from ilie possi
bility of future repeal or amendment, to which
other portions of the Constitution were exposed.
It would, then, have been wholly unnecessary to
eneraft on the fifth article of the Constitution, pre
scribing the mode of its own future amendment,
ihe proviso, “that no amendment which may he
made prior to the year one thousand eight hundred
aud eight shall in any manner affect” the provi
sion in the Constitution securing to the States the
right to admit the importation cf African slaves
previous to that period.
According to the adverse construction, the
clause itself, on which so much care and discus
sion had been employed by the members of the
Convention, was an absolute nullity from the be
ginning, and all that has siuce been done under it
a mere usurpation.
It was well and wise to confer this power on
Congress, because, had it been left to the States,
its efficient, exercise would have been impossible.
In that event any one State could have effectually
continued the trade, not only for itself but for all
the other slave States, though never so much
against their will. And why? Because African
slaves, when once brought within the limits of any
one State, in accordance with its laws, cannot
practically be excluded from any other Siate where
slavery exisls. And even if all the States had
separately passed laws prohibiting the importa
tion of slaves, these laws would have failed of ef
fect for want of a naval force to capture the slav
ers and to guard the coast. Such a force no
State can employ in time of peace without the
consent of Congress.
These acts of Congress, it. is believed, have, with
very rare and insignificant exceptions, accomplish
ed their purpose. For a period of more than halt
a century, there has been no perceptible addition
to the number of our domestic slaves. .During
this period, their advancement lu civilization has
far surpassed that of any other portion of the Afri
cau race. The light and the blessings of Christi
anity have been extended to them ; and both their
moral and physical condition has been greatly im
proved.
Re-open the trade, and it would be difficult to
determine whether the effect would be more dele
terious on the interests of the master, or on those
of the native born slave. Os the evils to the mas
ter, the one most to be dreaded would be the in
troduction of wild, heathen, and ignorant barbari
ansjamoug the sober, orderly, and quiet slaves,
whose ancestors have been on the soil for several
generations. Tins might tend to barbarize, de
moralise, and exasperate the whole mass, and pro
duce most deplorable consequences.
The effect upon the existing slave would, if pos
sible, be still more deplorable. At present he is
treated with kindness and humanity. He is well
fed, well clothed, and not overworked. His con
dition is incomparably better than that of the
Coolies which modern nations of high civilization
have employed as a substitute for African slaves.
Both the philanthropy and the self-interest of the
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 considerable
extent, as on a neighboring island—the only spot
now on earth where the African slave-trade is
openly tolerated ; and this in defiance of solemn
treaties with a power abundantly able at any mo
ment to enforce their execution. There the master,
intent upon present gain, extorts from the slave
as much labor as his physical powers are capable
of enduring—knowing that, when death comes to
bis relief, his place can be supplied at a price
reduced to the lowest point bv tlie competition of
rival African slave-traders. Should tins ever be
the case in our country—which I do not deem
possible—the present useful character of the do
mestic institution, wherein those too old and too
voting to work are provided for with care and
humanity, and those capable of labor are not
overtasked, would undergo an unfortunate change,
l’tie feeling of reciprocal dependence and attach
ment which now exists between master and slave
would be converted into mutual distrust and hos
tility.
But we are obliged, as a Christian and moral na
tion to consider what would he ihe effect upon un
happy Africa itself, if we should re-open the slave
trade. This would give the trade an impulse and
extension which it has never had evenjin its palmi
est days. The numerous victims required to sup
ply 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 man. Its petty tribes would then be con
stantly engaged in predatory wars against each
other, for the purpose of seizing slaves to supply
the American market. All hopes of African civili
zation would thus be ended.
Ou the other hand, when a market for African
slayes shall no longer be furnished in Cuba, and
thus all the world bo closed against this trade, we
may then indulge a reasonable hope for the grad
ual improvement of Africa. The chief motive of
war among the tribes will cease whenever ihere is
no longer any demand for slaves. 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 com
merce. In this manuer Christianity and civiliza
tion may gradually penetrate the existing gloom.
The wisdom of the course pursued by tins Gov
ernment towards China, has been vindicated by
the event. Whilst we sustained a neutral position
iu the war waged by Great Britain and France,
against the Cluuese Empire, our late Minister, in
I obedience to his instructions, judiciously co oper
i ated with the ministers of These powers in all
peaceful measures to secure, by treaty, the just
! concessions demanded by the interests of foreign
i commerce. The result is that satisfactory trea
ties have been concluded with China by the respect
ive Ministers of the United Stales, Great Britain,
France and Russia. Our “trdflfcy, or general con
vention of peace, amity, and commerce,” with that
Empire was concluded at Tientsin, on the 18th of
June, 1858, and was ratified by the President, by,
and with the advice and consent oftlie Senate, on
the 21st December following.
On the loth December, 1858, John E. Ward, a
distinguished citizen of Georgia, was duly com
missioned gs Envoy Extraordinary and Minister
Plenipotentiary to China. He lett the United
States for the place of his destination on the sth
of February, 1859, bearing with him the ratified
copy of this treaty, and arrived at Shanghai on
Columbus, Ga., Saturday, December 31, 1859.
the 28th May. From thence he proceeded to
Peking on the 16th June, but did not arrive in
that city until the 27th July. According to the
terms of the treaty the ratifications were to be ex
changed on or before the 18th June, 1859. This
was rendered impossible by reasons and events
beyond his conirol, not necessary to detail; but
still it is due to the Chinese authorities at Shang
hai to state that they always assured Rim no ad
vantage should be taken of the delay ; and this
pledge has been faithfully redeemed.
On the arrival of Mr. Ward at Pekin he request
ed an audience of the Emperor to present his
letter of credence. This he did not obtain, in con
sequence of liis very proper refusal to submit to
the humiliating ceremonies required by the eti
quette of this strange people in approaching their
sovereign. Nevertheless, the interviews on this
question were conducted in the most friendly
spirit, and with all due regard to his personal feel
ings and the honor of Ins country. When a pre
sentation to his Majesty was found to be impossi
ble, the letter or credence from the President was
received with peculiar honors by Kweiliang, “the
Emperor’s Prime Minister, and the second man m
the Empire to the Emperor himself.” The ratifi
cations of the treaty were afterwards, on the 16th
of August, exchanged in proper form at Pei-tsang.
As the exchange did not take place until after the
day prescribed 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 authori
ties to observe, that, throughout the whole trans
action, they appear to have acted in good faith
and in a friendly spirit towards the United States.
It is true this has been done after their own pecu
liar fashion ; but we ought to regard with a le
nient eye the ancient customs of an empire dating
back for thousands of years, s.t far as this may be
consistent with our own national honor. The
conduct of our minister on the occasion has re
ceived my entire approbation.
lu order to carry out the spirit of this treaty,
and to give it lull effect, it became necessary to
conclude two supplemental conventions—the one
for ihe adjustment and satisfaction of the claims
of our citizens, and the other to fix the tariff on
imports and exports, and to regulate the transit
duties and trade of our merchants with China.
This duty was satisfactorily performed by our late
minister. These conventions bear date at Shang
hai on the Sth November, 1858. Having been con
sidered in ihe light of binding agreements subsid
iary to the principal treaty, and to be carried into
execution without delay, they do not provide for
auv formal ratification or exchange of ratifications
by the contracting parties. This was not deemed
necessary by the Chinese, who are already pro
ceeding in good faith to satisfy the claims of our
citizens, and, it is hoped, to carry out the other
provisions of the conventions. Still I thought it
was proper to submit them to the Senate, by which
they were ratified on the 3d March, 1859. The
ratified copies, however, did not reach Shanghai
until after the departure of out’ minister to Peking,
and these conventions could not, therefore, be
exchanged at the same time with Ihe principal
treaty. No doubt is entertained that they will be
ratified and exchanged by the Chinese govern
ment, should this be thought advisable; but,
under the circumstances presented, 1 shall con
sider them binding engagements from their date
on both parties, and cause them to be published
as such for the information and guidance of our
merchants trading with the Chinese empire.
It affords me much satisfaction to inform you
that all our difficulties with the Republic of Par
aguay have been satisfactorily adjusted. It hap
pily did not become necessary to employ the force
for this purpose which Congress had placed at my
command, under their joint resolution of 2d Juue,
1858. On the contrary, the President of that Re
public, in a friendly spirit, acceded promptly to
the just and reasonable demands of the govern
ment of the United Stales Our commissioner ar
rived at Assumption, the Capital of the Republic,
on the 25th of January, 1859, ami left on the 37th
of February, having in three weeks ably and suc
cessfully accomplished all the objects of his mis
sion. The treaties which he has concluded will
be immediately submitted to the Senate.
in the view that the employment of other than
peaceful means might become necessary to obtain
“just satisfaction” from Paraguay, a strong naval
force was concentrated in the waters of tlie La
Plata to await contingencies, whilst our commis
sioner ascended the rivers to Assumption. ‘The
Navy Department is entitled to great credit for the
promptness, efficiency and economy with which
ibis expedition was fitted out aud conducted, it
consisted of nineteen armed vessels, great and
small, carrying 200 guns and 2,500 men, all under
the command of the veteran and gallant Sliubrick.
The entire expenses of Ihe expedition have been
defrayed out of the ordinary appropriations for
the naval service, except the sum of $289,000, ap
plied to the purchase of seven of the steamers,
constituting a part of it, under the authority of
the naval appropriation act of the 3rd March last.
It is believed that these steamers are worth more
than their cost, and they are all now usefully and
actively employed in the naval service.
The appearance of so large a force, fitted out in
such a prompt manner, in the far distant waters
of the La Plata, and the admirable conduct of the
officers and men employed in it, have had a hap
py effect in favor of our country throughout all
that remote portion oftlie world.
Our relations with the great empires of France
and Russia, as well as with all other governments
on the continent of Europe, unless we may ex- •
cept that of Spain, happily continue to be of the
most friendly character.
In my last, annual message I presented s state
ment ot the unsatisfactory condition of our relations
with Spain ; and 1 regret to say that this has not
materially improved. Without special reference
to other claims, even the “Cuban claims,” the
payment of which has been ably urged by our
ministers, and in which more than a hundred of
our citizens are direedy interested, remain unsatis
fied, notwithstanding both their justice and their
amount ($128,035 54) had 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 pur
pose of distribution among the claimants in the
Amistad ease.” In common with two of my ]pre
decessors, I entertain no doubt that this is requir
ed by our treaty with Spam oftlie 27th October,
1795. The failure to discharge this obligation has
been employed by the cabinet of Madrid as a rea
son against the settlement of our claims.
I 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 remain unchanged. 1, therefore,
again invite the serious attention of Congress to
this important subject. Without a recognition of
this.policy on their part, it will be almost impossi
ble to institute negotiations with any reasonable
prospect of success.
Until a recent period there was good reason
to believe that I should be able to announce to
you on the present occasion that our difficulties
With Great Britain, arising out of the Clayton aud
BuKver treaty, had been fiually adjusted in a man
ner alike honorable and satisfactory to botli par
ties. From causes, however, which the British
government hgd not anticipated, they have not
yet completed treaty arrangements with the Re
publics of Honduras am:! Nicaragua, in pursuance
of the understanding between the two govern
ments. It is, nevertheless, confidently expected
that this good work will ere long be accomplished.
Whil st indulging the hope that no other subject I
remained which could disturb the good uniter
standing between the two countries, the question
arising out of the adverse claims of the parties to
the Island of San Juan, under the Oregon treaty
of the loth of June, 1846, suddenly assumed a
threatening prominence. In order to prevent un
fortunate collisions on that remote frontier, the
late Secretary of State, on the 17th July, 1555,
addressed a note to Mr. Crampton, then British
minister at Washington, communicating to him a
copy of the instructions which he [Mr. Marcv] had
given, on the 14th July, to Gov. Stevens, of Wash
ington Territory, haviug a special reference to an
“apprehended conflict between our citizens and the
British subjects on the Island of San Juan.” To
prevent this, the governor was instructed “ that
the officers of the Territory should abstain from all
acts on the disputed grounds which are calculated
to provoke any conflicts, so far as it can be done
without implying the concession to the authorities
of Great Britain of an exclusive right over the
premises. The title ought to be settled before
either party should attempt to exclude the other by
fore**, or exercise complete and exclusive sovereign
rights within the fairly disputed limits.”
In acknowledging the receipt on the next day
of Mr. Murcv’s note, the British minister express
ed his entire concurrence “in the propriety of the
course recommended to the Governor of Washing
ton Territory by your [Mr. Marcv’sJ instructions to i
that officer,” and stating! hat he had “lost no time ;
in transmitting a copy of that document to the j
Governor-general of British North America,” and !
had “earnestly recommended to'his Excellency I
to take such measures as to him may appear best
calculated to secure, on the part of the British lo- j
cal authorities and the inhabitants of the neigh
borhood of the line in question, the sxerctse of the j
same spirit of forbearance which is inculcated by j
’ you [ Mr. Marcv I on the authorities and citizens of
the United States.”
Thus matters remained upon the faith of this
arrangement unlit the 9th July last, when Gen.
Harney paid a visit to the Island. He found upon
it twenty-five American residents with their fami
lies, and also an establishment of the Hudson’s
Bav Company for the purpose of raising sheep.—
A short time before his arrival one of these resi
dents lia 1 shot an animal belonging to the com
pany, whilst trespassing upon his premises, for
which, however, he ottered to pay twice its value;
but that was refused. Soon after “the chief factor
of the company at Victoria, Mr. Dalles, son-in-law
of Governor Douglas, came to the Island in the
British s!oop-of-war Satellite, and threatened to
take “this American (Mr. Cutler) by force to
Victoria, to answer for the trespass he had com
mitted. The American seized his riffle and told
Mr. Dalles if any such attempt was made he would
kill him on the spot. The affair then ended.”
Under these circumstances, the American set
tlers presented a petition to the General, “through
the United States inspector of customs, Mr. Hobbs,
to place a force upon the island to protect them
from the Indians as well as the oppressive inter
ference of the authorities of the Hudson Bay Com
pany, at Victoria, with their rights as American
citizens.” The General immediately responded to
this petition, and ordered Capt. George E. Pickett,
9th infantry, “ to establish his company on Belle
vue, or San Juan island, on some suitable position
near the harbor at the South-eastern extremity.”
This 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
island amounted in the aggregate to six hundred
and ninety-one men.
Whilst I do not deem it proper on the present,
occasion to go further into the subject, and dis
cuss the weight which ought to be attached to the
statements of ttie British colouial authorities, con
testing the accuracy of the information on which
the gallant General acted, it was due to him that I
should thus present his own reasons for issuing
the order to Captain Pickett. From these it fs
quite clear his object was to prevent the British
authorities on Vancouver’s Island from exercising
jurisdiction over American residents on the Island
of San Juan, as well as to protect them against
the incursions of the Indians.
Much excitement prevailed for some time
throughout that region, and serious danger of
collision between the parties was apprehended.—
The Briu-h had a large naval force in the vicinity;
and it is but an act of simple justice to the Admi
ral on that station to state that he wisely and dis,-
erectly forebore to commit any hostile act, but de
termined to refer the whole affair to his Govern
ment and await their instructions.
This aspect of the matter, in my opinion, de
manded serious attention. It would have been a
great calamity for both nations had they been
precipitated into acts of hostility, not on the ques
tion of title to the island, but merely concerning
what should be its condition during the inlet ven
ing period whilst the two Governments might bj
employed in settling the question to which of
them it belongs. For this reason Lieutenant. Ge
neral Scott was despatched on the 17th September
last to Washington Territory to take immediate
command of the United States forces on the Pa
cific coast, should he deem this necessary. The
main object of his mission was lo carry out the
spirit of the precautionary arrangement between
the late Secretary of State and the British Minis
ter, and thus to preserve ttie peace aud prevent
collision between the British aud American au
thorities pending the negotiations between the two
Governments.
Entertaining no doubt of the validity of our ti
tle, I need scarcely add that, in any event, Ameri
can citizens were to be placed on a footing at least
as favorable as that of British subjects, it being
understood that Captain Pickett’s company should
remain on the island. It is proper to observe that,
considering the distance from the scene of action,
and in ignorance of what might have transpired
on the spot before the General’s arrival, it was
necessary to leave much to his discretion; and I
am happy to state that the event has proven that
this discretion could not have been intrusted to
more competent hands. General Scott has recent
ly returned from his mission, having successfully
accomplished its objects; and there is no longer
any good reason to apprehend a collision between
iln forces ot’ the twocountries during the penden
cy nf the existing negotiations.
1 regret to inform you that there has been no
improvement in the affairs of Mexico since my
last annual message, and I am again obliged to
ask the earnest attention of Congress to the un
happy condition of that Republic.
The constituent Congress of Mexico, which ad
journed on the 17th of February, 1857, adopted a
Constitution, and provided for a popular election.
This took place in the following July, [1857,] and
General Comonfort was choseu President, almost
without opposition. At the same election anew
Congress was chosen, whose first session com
menced on the 16th of September, [1857.] By the
Constitution of 1857, the Presidential term was to
begin ou the Ist of December, [1857,] and continue
for four years. On that day General Comonfort
appeared before the assembled Congress in the
city of Mexico, took the oath to support the new
Constitution, and was duly inaugurated as Presi
dent. Within a month afterwards he had been
driven from the capital, and a military rebellion
had assigned the supreme’ power of the Republic
to General Zuloaga. The Constitution provided
that in the absence of the President his office
should devolve upon the Chief Justice of tiie Sn
preme.Court; and, General Comonfort having left
the country, this functionary, General Juarez, pro
ceeded to form, at Guanajuato, a constitutional
Government.
Before this was officially known, however, at the
capital, the Government of Zuloaga had been re
cognised by the entire diplomatic corps, including
the Minister of the United .States, as the de facto
Government of Mexico. The constitutional Presi
dent, nevertheless, maintained his position with
firmness, and was soon established, with his cabi
net at Vera Cruz. Meanwhile, the Government of
Zuloaga was earnestly resisted in many parts of
the Republic, and even in the capital, a portion of
thejjarmy having pronounced against it, its func
tions were declared terminated, and an {Assembly
of citizens was invited for the choice of anew
President. This Assembly elected Gen. Miramon;
but that officer repudiated the plan under which
lie was chosen, and Zuloaga was thus restored to
his previ jus position. He assumed it, however,
only to withdraw from it, and Miramon, bavinsr
become, by his appointment, “President Substi
tute,” continues, with that title, at the head of the
insurgent party. *
In my last annual message I communicated to
Congress the circumstances under which the late
Minister of the United States suspended his offi
cial relations wilh the Central Government, and
withdrew from the country. It was impossible to
maintain friendly intercourse with a Government,
like that at the Capital, under whose usurped au
thority wrongs were constantly committed, but
never redressed. Had this been an established
Government, with its power extending, by the
consent of the people, over the whole ot Mexico, a
resort to hostilities against it would have been
quite justifiable, and indeed necessarv. But ihe
country was a prey to civil war ; und it was hoped
that the success of the constitutional President
might lead to a condition of things less injurious
to the United States. This success became so
probable that, in January 7 last, I employed a relia
ble agent to visit Mexico, and report to me the
actual condition and prospects of the contending
parties. Inconsequence of his report, and from
information which reached me from other sources,
favorable to the prospects of the constitutional
cause, I felt justified in appointing anew Minister
to Mexico, who might embrace the earliest suita
ble opportunity of restoring our diplomatic rela
tions with that Republic.
For this purpose a distinguished citizen of Ma
ryland was selected, who proceeded on his mission
outlie Sth of March last, with discretionary au
thority to recognise the Government of President
Juarez, if, on his arrival in Mexico, he should find
it entitled to such recognition, according to the
established practice oftlie United States, “’flu the
7th of April following, Mr. McLane presented his
credentials to President Juarez having no hesita
tion “in pronouncing ihe Government of Juarez to
lie the only existing Goverument'of the Republic.”
He was cordially received by the authorities at
Vera Cruz; and they have ever since manifested
the most tneudly disposition towards the United
States. Unhappily, however, the constitutional
Government has not bceu able to establish its
power over the whole Republic. It is supported
by a large majority of the people aud the States,
but there are important parts of thecountrv where
it can enforce uo obedience. General Miramon
maintains himself at the capital; and in some of
the distant provinces there are military governors
who pay little respect to the decrees of either Gov
ernment.
in the meantime the excesses which always
atteud upon civil war, especially in Mexico, are
constantly recurring. Outrages of the worst de
scription are committed, both upon persons and
property. There is scarcely any form of injury
which has not been suffered bv our citizens in
Mexico during the last few years. We have been
nominally at peace with that Republic, but “so
far as the interests of our commerce or of our citi
zens who have visited the country as merchants,
shipmasters, or in other capacities, arc concerned,
we might as well have been at war.” Life has
been insecure, properly unprotected, and trade im
possible,except at a risk of loss whichjprudent men
cannot be expected to incur. Important contracts,
involving large expenditures, entered into by the
Central Government, have been set at defiance by
the local Governments. Peaceful American resi
dents, occupying their rightful possessions, have
been suddenly expelled the country, in defiance of
treaties, and by the mere force of arbitrary power.
Even the course of justice has not, been safe from
control; aud a recent decree of Miramon permits
the intervention of Government in all suits where
either party is a foreigner. Vessels of the LTtired
States have been seized without law, and a consu
lar officer who protested against such seizure has
been fined and imprisoned for disrespect to the
authorities.
Military contributions have been levied in vio
lation of every principle of l ight; and the Ameri
can who resisted the lawless demand has had hts
property forcibly taken away, and has been him
self banished, From a conflict of authority in
different parts of the country, tariff duties which
have been paid in one place have been exacted
over again itt another place. Large numbers of
our citizens have been arrested and imprisoned
without any form of examination, or any opportu
nity for a hearing, and even when released have
only obtained their liberty after much suffering
and injury, and without any hope of redress. The
wholesale massacre of Crabbe and bis associates
without trial in Sonora, as well as the seizure and
murder of four sick Americans who had taken
shelter in the house of an American, upon the
soil of the United States, was communicated to
Congress at its last session.
Murders of a still more atrocious character have
been committed in ihe very heart of Mexico, un
der the authority of Miramon’s Government, dur
ing the present year. Some of these were only
worthy of a barbarous age; and, if they had not
been clearly proven,would have seemed impossi
ble in a country which claims to be civilized. 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
Tacubaya while attending upon the sick and the
dying of both parties, and without trial, as with
out crime, were hurried away to speedy execution.
Little less shocking was the recent fate of Ormond
Chase, who was shot in Topic on the 7th of Au
gust by order of the same Mexican Geuerai, not
only without a trial, but without any conjecture
by his friends of the cause of his arrest. He is rep
resented as a voting mutt of good character and
intelligence, who had made numerous friends iu
Topic by the courage and humanity which he had
displayed on several trying occasions, and his
death was as unexpected as it was shocking to the
whole community. Other outrages might be en
umerated, but these are sufficient to illustrate the
wretched state of the country, and the unprotected
condition of the persons and property of our citi
zens iD Mexico,
In all these cases our Ministers have been con
stant and faithful in their demands for redress ;
but both they and this Government, which they
have successively represented, have been wholly
powerless to make their demands effective. Their
testimony in this respect, and in reference to the
only remedy which, in their judgments, would
meet the exigency, has been both uniform and
emphatic. “ Nothing but a manifestation of the
power of the Government of the United States
(wrote our late Minister in 1850,) and of ts pur
pose to punish wrongs will avail. 1 assure you
that the universal belief here is that there is noth
ing to be apprehended from the Government of
the United States, and that local Mexican otticials
can commit these outrages upon American citizens
with absolute impunity.'’ “ I hope the President’’
(.wrote our present Minister in August last,) “ will
feel authorised to ask from Congress the power to
enter Mexico with the military forces of the United
Slates, at the call of the constitutional authorities,
in order to protect the citizens and the treaty rights
of the United States. Unless such a power is con
ferred upon him, neither the one nor the other will
be respected in the existing state of anarchy and
disorder, and the outrages already perpetrated
will never be chastised ; and, as I assured you in
my No. 23, all these evils must increase until every
vestige of order and government disappears from
the country.” I have been reluctantly led to the
same opinion, and, in justice to my countrymen
who have suffered wrongs from Mexico, and who
may still suffer them, I feel bound to announce this
conclusion to Cougress.
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 ot the few Americans who may still
remain iu Mexico, although the life and property
of every American ought to be sacredly protected
iu every quarter ot the world. Hut it is a ques
tion which relates to the future, as well as to the
present and the past, and which iuvolves, indi
rectly at least, the whole subject of our duty to
Mexico as 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 less to be desired be
cause efficient and necessary aid may thus be ren
dered at the same lime to restore peace and order
to Mexico itself. In the accomplishment of this
result the people of the United .States must neces
sarily’ feel a deep and earnest interest. Mexico
ought to he a rich and prosperous and powerful
Republic. She possesses au extensive territory, a
fertile soil, and an incalculable store of mineral
wealth. She occupies an important position be
tween the Gulf and the ocean for transit routes
and for commerce.
Is it possible that such a country as this can be
given up to anarchy and ruin without an effort
from any quarter for its rescue and its safety! Will
the commercial nations of the world, which have
so many interests connected with it, remain wholly
indifferent to such a result? Can the United
States, especially, wh'ch ought to share most
largely in ns commercial intercourse, allow their
immediate neighbor thus to destroy itself and in
jure them ? Vet, without support from some
quarter, it is impossible to perceive bow Mexico
cau resume her position among nations and enter
upon a career which promises any good results.
The aid which she requires, and which the inter
ests 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
Mexico, along whose territory we have a continu
ous frontier of nearly a thousand miles, but by
virtue, also, of our established policy, which is
inconsistent with the mterventionjjof any Euro
pean Power in the domestic concerns of that Re
public.
The wrongs which we have suffered from Mex
ico are before the world, and must deeply impress
every American citizen. A Government, which is
either unable or unwilling to redress such wrongs
is derelict to its highest duties. The difficulty con
sists in selecting and enforcing the remedy. We
may, in vain, apply to the Constitutional Govern
ment at Vera Cruz, although it ts well disposed to
do us justice, for adequate redress. Whilst its au
thority is acknowledged in all the important ports
and throughout the sea coasts of the Republic, its
power does not extend to the city of Mexico and
the States in its vicinity, where nearly all the re
eeut outrages have been committed on American
citizens. We must penetrate into the interior before
we can reach the offenders, and this can onlv be
done by passing through the territory in the oc
cupation of the Constitutional Government.
The most acceptable and least difficult mode of
accomplishing the object will be to act in concert
with that Government. Their consent and their
aid might, I believe, be obtained ; but if uot our
obligation to protect our own citizens in their” lust
rights, secured by treaty, would not be the less
imperative. For these reasons, 1 recommend to
Congress to pass a law authorizing the President
under such conditions as they may deem expedi
ent, to employ a sufficient military force to enter
Mexico for the purpose of obtaining indemnity for
the past and security for the future. I purposely
refrain from any suggestion as to whether this
force shall consist of regular troops or volunteers
or both. This question may be most appropriate
ly left to the decision of Congress.
I would merely observe that, should volunteers
be selected, such a force could be easily raised in
this country among those who sympathize with
the sufferings of our unfortunate fellow-citizens in
Mexico, and with the unhappy condition of that
Republic. Such an accession to the forces of the
Constitutional Government would enable it soou to
reach the city of Mexico, and extend its power over
the whole Republic. In that event there is no
reason to doubt that the just claims of our citizens
would be satisfied and adequate redress obtained
for the injuries intlicted upon them. The Consti
tutional Government have ever evinced a strong
desire to do us justice; and this might be secured
in advance by a preliminary treaty.
It may be said that these' measures will at least
indirectly, he inconsistent with our wise and set
tled policy not to interfere in the domestic con
cerns ol toretgn nations. But does not the present
case fairly constitute an exception ‘? An adjoining
Kepublic is in a state of anarchy and confusion,
from which she has proved wholly unable to ex
tricate herself. She is entirely destitute of the
power to maintain peace upon her borders, or to
prevent the incursions of banditti into our terri
tory. In her fate aud in her fortune —in her pow
er to establish and maintain a settled govern
ment— we have a far deeper interest, socially, com
mercially, and politically, than any other nation.
She is now a wreck upon the ocean, drifting about
as she is impelled by different factions. Asa good
neighbor, shall we not extend to her a helping
hand to save her? If we do not, it would not be
suprising should some other nation undertake the
task, and thus force ns to interfere at last, under
circumstances of increased difficulty, for the main
tenance of our established policy.
I repeat the recommendation contained in my
last annual message, that authority may be given
to the President to establish one or more tempo
rary military posts across the Mexican line in So
nora aud Chihuahua, where these may be neces
sary to protect the lives and property of American
and Mexican citizens against the incursions and
depredations of the Indians, as well as of lawless
rovers on that remote region. The establishment
of one such post at a point called Arispe, in So
nora, in a country now almost depopulated by the
hostile inroads ot tin: Indians from our side of the
line, woura, it is believed, have prevented much
injury and many cruelties during the past 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 practi
cally destitute of government, of laws, or of any
regular administration of justice. Murder, rapine,
and other crimes are committed with impunity.
I, therefore, again cal! the attention of Congress
to tiie necessity for establishing a Territorial Gov
ernment over Arizona.
The treaty with Nicaragua of the 16th February,
1857, to which 1 referred in my last annual mes
sage, failed to receive the ratification of the Gov
eminent of that Republic, for reasons which I need
not enumerate. A similar treaty has been since
concluded between the parties, bearing date on the
16th March, 1859, which has already been ratified
by the Nicaraguan Congress. This will be imme
diately submitted to the Senate for their ratifica
tion. 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 unredressed, though
they are pressed iu an earnest manner, and uot
without hope of success.
I deem it to be my duty, once more, earnestly,
to recommend to Congress the passage of a law au
thorising the President to employ the naval force
at his command, for the purpose of protecting the
lives and property of American citizens passing in
transit across the Panama, Nicaragua, and Te
huantepec routes, against sudden and lawless out
breaks and depredations. I shall not repeat the
arguments employed in former messages in sup
port of this measure. Suffice it to say, that the
lives of many of our people, and the security of
vast amounts of treasure passing and repassing
over one or more of these routes between the At-
lantic and Pacific, may be deeply involved in the
action of Congress on this subject.
I would, also, again recommend to Congress
that authority be given to the President to employ
the naval force to protect American merchant ves
sels, their crews and cargoes, against violent and
lawless seizure and confiscation in the ports of
Mexico and the Spanish American States, when
these countries may be in a disturbed and revolu
tionary condition. The mere knowledge that such
an authority had been conferred, as I have already
stated, would of itself, in a great degree, prevent
the evil. Neither would this require ant’ addition
al appropriation for tire naval service.
The chief objection urged against the grant of
this authority is, that Congress, by conferring it,
would violate the Constitution—that it would be a
transfer of the war-making, or, strictly speaking,
the war-declaring power to the Executive. If this
were well founded, it would, of course, be conclu
sive. Avery brief examination, however, will
place this objection at rest.
Congress possesses the sole and exclusive power
under the Constitution, “to declare war.” They
alone cau “raise and support armies,” and “pro
vide and maintain a navy.” But after Congress
shall have declared war, and provided the force
necessary to carry it ou, the President, as Com
mander-in-Chief of the Army and Navy, can
alone employ this force in making war against the
enemy. This is the plain language; and history
proves that it was the well-known intention of the
framers of the Constitution.
It will uot be denied that the general “ power
to declare war” is without limitation, and em
braces within itse'f not only what writers on the
law of nations term a public or perfect war, but
also an imperfect war—and, in short, everv species
of hostility, however confined or limited. With
out the authority of Congress, the President cannot
fire a hostile gun in any case, except to repel the
attacks of an enemy. It will not be doubted that
under this power Congress could, if they thought
proper, authorize the President to employ the force
at lus command to-seize a vessel belonging to an
American citizen, which had been illegally and un
justly captured iu a foreign port, and restore it to
its owner. But can Congress only act after the
fact—after the mischief has been'done? Have
they no power to confer upon the President the
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 only when it is too late?
To confer this authority to meet future cases
under circumstances strictly specified, is as clearly
within the war-declaring power as such an authori
ty conferred upon the President by act of Congress
afterjthe'deed had been done. Iu the progress of a
great nation many exigencies must arise impera
tively requiring that Congress should authorize
tiie I resident to act promptly on certain conditions
which may or may not afterwards arise. Our his
tory has already presented a number of such cases
I shall refer only to the latest.
Under the resolution of June *2 1 ISOS, “firths
of difficulties with the Republic of farugu'iv, ’the President is
‘•authorized to adopt such measures an 1 use such three us n
his judgment may be necessary and advisable in ihe ev-nt of
t ?• satisfaction by the Government of Paraguay ”
‘ Ju>t satisfaction for what ? Ifor “the -ot tek on ihJtV ?
ted Statis steamer Water Witch,” and “ other i natters referrl 1
to in the annual message of the President.” H- re the dowc
is expressiy granted upon the condition that the Governnmn?
o 1 araguay shall refuse to render this “ just a uisf: ctiou ” It
this and other simnar eases Congress have conferred uDo'n 11 .
President power in advance to employ the army and nuvv v\
on the|iappe |ii iig of contingent future events; ami this n t
certainly is embraced within the power to declare war
Now, if this conditional and coni iugent pow- r could” be con
stitutionally conferred upon the President in tire ease of P ‘
aguay, wby may lt not he conferred for the purpose of it-.
tile iives and property of American citizetre mV,
event that they may be violently and unlawfully attacked i
passing over the transit routes to and from CaliforiiDJ. „
sailed by the seizure of their vessels i! ‘ f„, gn
deny this powe is to render the navy in a great decree nselis
for the protection ot the lives and pro pertyof A
oUierwisc obmlnech^' 1 ” 0 r ' e!lhCr *"***
Cosn P res s terminated on the 3d of March
18j., without having paa-ed the ••act making annr mri uions
for the service of the Post Office Department during 11
year ending the 30th June, I860.” i'h s act also c outdned=?,
prS fn “to supply deficiencies in the Revenue of the
Post Office Department tor the year tudiiu? the ‘loth <f i...
IfV 1 believe this is the first isincc Um oriein of
the Federal IGovernmem, now more than seventy’ yeaif m/
when any Cougres went out o existence without having pfsi
ed ail tiie general appropriation tills nece.-s ,rv to cam outlie
Government until the regular period for the meeting Af , „
Congress 1 his event imp sod on the Executive a grave re
spousibihty. It. presented a choice of evi.s g
. th,s omission of duty occurred at the first session of the
last. Congress, the remedy would have neen plain. I might
then have instantly recalled them to complete their Vork_
and tins without expense to the Government. But on the 4th
ot March iad, there were fifteen of the thirty-three States
which had not ejected any Representative* to the present Con
gress. Had Congress been called together immediately these
htates won (1 have been virtually disfranchised. If an i, u r
mediate period had been selected, several of tiie States w ~m
have been compelled to hold txira sessions of their LegUlr?
turts. at great inconvenience and expense, to provide for elec
tions at an earlier day than that previously fixed by law 1,1
the regular course, ten of these States would not elect until a
ter the beginning ot August, and five of these ten not until
October and November. uulu
°'-the other band “hen I came to examine carefully the
condition ol the Post Office Department, 1 did not meet 1
difficulties asfhad apprehended. Hadthe
bill which tailed been confined to app variations for thefiid
year ending on the 30th J uue next, mere would have been no
reason of pressing importance for tne call of an extra Son
Nothing would become due on contracts (those with rffifro-m
companies only exceptedßor carrying the mail lo Ihe flSm?
ter ol the present fiscal year, commencing on the ut jure q ’ r ;
the is, of December—less ,’han one weft the m’e. Bni
ofSthe present Congress. The reason is, that the mail contra,®
tors for this current y ear did not complete the r firs nua,w
service until the 3i tl, of September lust • and i,v UIU r ?.
** extracts, sixty day/more arellloweV
upon for paymeuC UntS befM * “ K ” con id ire S&
The great difficulty and the great hardship consisted in the
failure to provide for the payment of the deficiency in the H
cal year ending the 8 ith June, 1859. The Depart merit had
entered Into contracts, iu obedience to existing hi for
setviceof that fi-eal year, and the contractors wereTairlvei
tied to their compensation as it became ilup ti,o • ei !l
as stated in the bUUm“toiU>i3®m h,,us. deficiency,
settlement of all these
it amounts to $4 *290 009 With tliA t ' iat
“•and the
tion of this deficiency which occurred in the l t P 01 ’
of the past fiscal year. ti, /1, u ,! ‘ wo garters
the meantime the contractor“ hem laa, ‘ 1,1
circumstances, have behavea in a manner'wortbv“n o ” ing
mendation. They had one rumm. I ’-,' 1 If 1 VI wort all com
barrassmems. Aher the“ mourd •>-
been ascertained and fin-illv settled™™ | KU 'I ,hera llad
came a specific debt of reemd ‘° ,aw - ‘ ! '<”
enabled them to borrow monev r.l Un *ted htates, which
ty. Still they were f i h i; 011 I'’* unquestionable So mi
the default of * n * ( ‘ res t lfi consequence of
lo receive interet tVo m7’ n° “ tver >” “Guslice ought
commence irom theZu l^, o<>vernment ’ 1 hiA ii,terMt should
forthe paymentm the , n arr at would have issued
made for this purpose M .“"i arptepriation been
nor exceed imfarv . ’ ‘ ‘dated up to Ist December, i, will
or exceed sHb,f,Go_a sunt uot to be taken Into account when
] contrasted -with the great difficulties and embarrassments of ;,
public and private character, both to the people and
States, whirh would have resulted from convening and fc. ,
I ing a special session of Congress,
For these reasons I recommend the passage of a bill, at a
early a day as maybe practicable, to provide for the payment
of the amount, with interest, due to these last mentioned cot.
tractors, as well as to make the necessary appropriations for
the service ot the Post Office Department for the cur: cut flsca f
year.
The failure to pass the Post Office bill necessarily gives birtl
to serious reflections. Congress, by refusing to pass ti e gen
eral appropriation bills necessary to carry on the Government,
may not only arrest its action, but might even destroy itsex-
I isteuce. The army, the navy, the judiciary, in short, every
1 department of the Goverunn tit can no longer perloim their
’ functions if Congress refuse the money necessary fortheirsup
port. If this failure should .teach the country the necessity
electinga full Congress in sufficient time to enable thePrcsi
dent to convene them in any emergency, even immediately
after the old Congress has expired, it will have oeen produc
tive oi great g< oil. In a time ot sudden and alarming danger,
foreign or domestic, which all nations must expect to encoun
ter in their progress, the very salvation of our institutions may
be staked upon the assembling of congress without delay, If,
under such circumstances the Pre-idem should find himself
in the condition in which he was placed t the close of the hot
: Congress, with nearly halfrbe States otdhe Union destitute
Representatives, the con-equences might be disastrous, i,
therefore, recoin metal to Congress to curry into elite the pro
visions of the Const it u: ion on this subject, and to pass a law
appointing some day previous to the 4th of Marco in each year
of odd number, for the election of Representatives through
out al.l the States. They have already appointed a day la
the election of electors for President amt Vice Pi evident, and
this measure h as been approves by the country.
1 would again expressa most decided opi ion in favorofthe
construction of a Paeiti - railroad, for the reasons stated in my
two last annual messages. When I reflect upon what would
be the defenceless condition of our States and Territories
West of the Rocky Mountains, in case of a war with a naval
power sufficiently strong to interrupt ail intercourse with
them by the routes across the Isthmus, I am still mere con
vinced than ever of tire vast importance of this railroad. I
have never doubted the constitutional competency of C- -egress
to provide for its cons'ruction, but this exclusively under the
war-making power. Besides, the Constitution expressly
quires, as au imperative duty, that ••the United states shall
protect each of them t the States] gainst invasion.” iamat a
loss to conceive how this protection can be afforded to i alts, r
nia and Oregon against sin ha naval power by any othirnu
I repeat the opinion contain din my astannua, message, lim
it would be inexpedient ror the Government to undertake th:
great work by agents of its own appointment, aid under its di
rect and exclusive control, ‘lliis would increase thepatronag,
of the Executive to a danger ,us extent, amt wouiu Paste, a
system of joobing and corruption which no vigilance on tiie
part of Federal officials could prevent. The construction if
this road ought, therefore, to be intrusted to incorporate.!
panics, or other agencies, who would , xereise lhat active ;o
vigilant supervision over it which cau be inspired alone by
sense of corporate am! individual interest. 1 venture to a-.- :
that the additional cost of transporting troop-, muiiitio: c
war, and necessary supplies lor the army, across tne Vu-t inn
vening plains to our pos.-e-slous on the Pacific coast, w.
be greater in sucii a war than Hie whole amount required i
construct the road. And yet tills resort would, after all, h,
inadequate for their deience and protection.
\Ve have yet scarcely recovered from the hai.itsof extrava
gant expenditure, produced by our overflowing Treasury, dm.
ing several years prior to the.omcie:.cement -i my ddmi:
tration. The financial reverses widen we have since expetie:
cod ougltt to teac’l us all to scruti.lze our expen-.! it arcs with
the greatest vigilance, and to re .m e them to t.ie lowest p<
bie point. The Executive Dep rtments of the Govtrumtfi
have devoted themselves to tne accompiishment of this object
with considerable success, as will appear from their eiffeiei •
reports ana estimates. To these I invite the scrutiny of (<c
gress for the purpose of reducing them still lowei, : f this :
practicable, consis entvvitli ,be great public interests of tl; -
country, iu aid of ihe policy of retrenchment I idedge in
self to examine closely the billsapprop iat ing land or mot.
so that if any of these should inadvertently pass both house
as must sometimes be the c se, 1 tn ,y affor i them an oppoi ‘
nity tor reconsiileration. At the same time we ought never l
forget that true public economy consists, not in withhoidim
the means necessary to accompl sit important, national obiec:-
confldedto us by the Constitution, but in taking care that th
money appropriated for these puiposes shall be faithfully :r
frugally expended.
It will apjiear fiom the report of the Secretary of the Treat
ry that it is extremely doubtful, to say the least, whether w
sjUall he. able to pass through the present and the next fit, ,
year without providing additions, revintte. This can on y i ■
accomplished by strictly confining the appropriation* with:
the estimates of the different Departments, wi.hout makh
an allowance tor any additional exrendilures wliicli Congn -
may think proper, in their discretion, to aut! ize, and wbi
out providit g fur the redemption ot any pm-i-o of the s2o,ik“i,
0. oof Treasury notes which have already been issued, lire
t vent of a deficiency, which I consider probable, ill's ought
never tojbe supplied by a resort to additional loans, it wc.uh‘
be a ruinous practice in ihe days of peace and piosperity to . -
on increasing the national debt, to meet tiie ordinary expire,-,
of the Government. This would cripple our resources a : ;
pair our credit iu case the existence of war should render ;•
necessary to borrow money. Stioulii such a deficiency oec:.
asl apprehend. I would recommend that the necessary ret,
title he raispd by an increase of our pr sent duties on import*
j need not repeat the opinions t xppessed in my Inst annu l’
message as to the best mode and manner of accomplish;,
this object, and small now merely observe ihat thos-* hat ,
since undergone no change.
The report of the Secretary of the Treasury will explain,
detail, the operations of that Department of the Government
The receipts into the Treasury from all souices duiii „ t ■
fiscal year endii g3oth June, 1859, incluuing the loan autho
ized by the act of 14th June, ISSS, and the issues of Tree
ury notes authoriz‘d by existing laws, were eightv-one u,
lion six hundred and ninety-two thousand tour hundred a’
seventy-one dollars and one cent, ($31,692,471 01.) which sni
with the balance of six million three hundred and ninety ...ire
thousand three hundred and sixteen dollars and ten ,1-V ’
($6,398,316 10) remaining iu the Treasury at the commeiuv
ment of that,fiscal year, made an aggregate for the service li
the year of eighty-eight m liion ninety thousaud seven liui
dred and eighty-seven dollars aud eleven cents ($58,090,787 11
The public expenditures during the fiscal year endin ‘ in-
June, 1859, amounted to eighty-tliree million seven hundre
;u,d fifty-one thousand die hundred and eleven di-il- .
fifty-seven cents ($83,751,511 57.) Os this sum, seventeen iiii
lion four hundred and five thousand two hundred aud i igidi
five dollars and forty-four cents ;$17,4(-5,250 44) were :r'riiit
to the payment of interest on the publiqdebt ::ml t i • - :, reilre■
tion of tiie issues of Treasury notes. The expenditures to
other branches of the public service during that fiscal vi”,-
vvere, therefore, sixty-six million three hundred and forty -
thousand two hundred aud twenty-six dollars aid thift-e
----cents ($66,340,226 13.)
The balance remaining In the Treasury on the Ist Julv IS',
being the commencement of the pie.-ent fiscal year, was -)•*
million three hundred and thirty nine thourami two hi- j
and seventy-five dollars and fifty-four cents ($4 .3.311 *754
The receipts into the Treasury during the first’quarte- ,f
present fiscal year, commencing Julv Ist, ISJ9 were tvvent
million s'x hundred and eighteen thousand eight hundred -n ■
sixty-five dollars mid eighty-five cents, (s2(L6ls 65 s", ) “i .
this amount three million eight hundred and’ twenty -
thousand three hundred dollars ($ ; S-’l ;oO) w .
accqui.t of the loan and the iwue of Treasury notes—ti c amount
of sixteen million seven hundred and ninety-seven thou* 7
five hundred mid sixty-five dollars and eighty-five cent* s :
79,,565 85) having been received during the'auarter tiorn't’
ordinary sources ol public revenue. The ct-mated hi-'7i
for the remaining three-quarters of the present v , •
SUtli June, 1860, are fifty million four hundred and t\. -niv
tliousand four hundred dollars ($50,426,400 ) Os ibis ‘• V ,7
it is estimated that five million seven hundred and fifty 7 re
t housand tour hundred dollars ($5,756,4u0) will be u-c -re, ■
for Treasury notes wliicli may I>c re-issued under the fii're
tion of the act of 3d March list, and one ndll'on one h e V
and seventy thousand dollars ($1,170,060) cl account of v
loan authorised by the act of June 14th, IKS— makic” s’ x 1
lion nine hundred and twenty-six thousand f,.iir hi-re -cd 7
urs ($6,926,400) from these extraoirtinarv- sourecs>ami re,,
tnree nullicn five hundred thousand dollars ($48,500 OoOi fre ,
the ordinary sources of the public revenue—luakim.-’ -7n .
gate, with the balance in’tlie Treasury on the Ist Jufv” l.wfic
seventy-five mil ion three hundred and eighty-four tl lire’-
and. h .V n i lre ’. ,a " d “'rty-one dollars aim eighty-nine cet re
384 541 89) for the estimated means of the present flirt ?’
ending3oth June, 1860. present fiscal )e:
The expenditures durmgthe first quarter of the nresent a--
year were twenty million seven thousand one hundred
seventy-four dollars and seventy-six cents (4-51111,71-4 -77
*■ million six hundred and sixty-lour thousand’ Hire! 1
dred and sixty-six dollars and seventy six cev 141 , ,-7 .
of this sum were applied to the payment of inu-i7-sr7,-,i.
public debt and tlit-re demption of the issues of 4 reusur--
ar.d the remainder, being fifteen million three huncreC
forty-two thousand eight liundred and eight dollars’ si
-808,) were applied to • 1 Jinary expenditures durinTJ the 1, 7’
ter. The estimated ex; ,-nditurcs duiii the renninii’- ‘
quarters, to June 3 th. 1660. are forty million nine lore .h-7 7
ninety-five tho’ sand five hundred and fifty eim t o, ‘ 7
tw nty three cents, ($40,995.V.8 2” )Of w‘,i’h 7,1: |l’ “ :
eight hundred and eighty-six thousand six hundred n,l 1” 7
ty-one dollars and thirty-four cents ($2 88ei 6-a*i 11 -7 . .
ed for the interest on the public debt’ The -iscilt-i’ “o
estimated expenditures for the fiscal year end re’ -oVii’ ‘r.-7.
186->, on account o! the p ihiic debt, arc ace r.dn-rtv ■ ,
million five hundred and fifty tbous-ui.l’nine li,’- f r - •
eighty-eight dollars aud ten cents, ($?,.", .0 9-8 10 ■) a-’, f )'*< -ii,
ordinary expenditures of the Government fifty three 1. iilnl
four hundred and fifty-one thousand seven hundred -nd torn
tour dollars and eighty-nine cents, (sv< 4,!~ 1 4 -■ ■■> li tie ii
aggregate of sixty-one million two thousand seven huinire,’
and thirty-two dollars and ninety-rent- et-nts (ill ~
leaving an estiroat and balance in the Treasury on 1 he 3~Vh ’liV- 1
1860, of fourteen million three hundred and ighty-one tliou’
sand eitbt hundred and eight dollars and so tv cents ,414
384,808 4a.) ■*-••(.*!*,-
The estimated receipts during the n .xt fiscal year ending
30th June, IBGI, are sixty-six million two hundred and tw„7rc
live tlioiisand dollars. (*00.225,0:m.) which, with te i> - ncl
estimated, as before stated, as reuiair,ing in the T'ca-'-rv , -
the 30th June. 1860, will make an aggre gate for the service of
the iiext lisc.il year of eighty million six hundred ands x thor
sand (sight hundred and eight dollars and fortv cents Mg’
80S 40.) J jug,-
• T he f<jmated expenditures during the next fi cal year end
ing 30th June, IS6], aresixly.six milii- n eeven hunlreri - 1
fourteen thousand nine hundred and tw cut v : b\ al,
seventy-nine cents ($66,714,928 79.) Us this a, T-i , 1 n ri’ S a ’
lion three hundred and eighty.>ix thou.-nnd *'x I ‘ -V-d !T
twenty-one dollars and thirty-four cents ($3 7c,:,-V -iV,’: l ‘ ;
required to pay the interest on the public debt
But ih,s balmce, as well asthat estiin-itcd tn
thirty-nine thousand three llomcii,',! f, o ,“ }
($039,350’) and upon the estimate* of lire unV’
%th h |ime h,i Df Tartment the las! fiscal year endh
•jOth June, 1-Si.i, amounting to four million iw„ 1
ninety-six thousand and nine do’ n fn wi 1:1,1 V:a
witn the further estimate of ,b a ? offlcl’r fo^the rv ce°f f ‘ ■
present fiscal year, ending Both Jiw ism , , lcfc ~ t „ .
five hundred aud twenty-six thousard threo’S ‘I 11
twenty-four dollars, ($5,526 S! three hundred a:
million three hundred^’andsixty h, 0 ’
and eighty three dollars ($11,361683 > 4 and Mx hl ”
rre hOU re the T appropriations he uiade. as requested t, v t>
proper Departments, the balance in the Treasur-- 7m t>7
June 1861. will not, it is estimated, exm-Tthrce ndlb ■ ,
hundred and thirty thousand one hii.r,ir. 1 1 1 • .
lars and sixty-renel-enls \m 6, ) “ W,ty ” B “ l '°
o/theSTvy r ‘” P °h a ~f tlio Sei-retarie of V
bsssss.
It will appear from the report of the Secretary of War ti- ,•
he army expenditures have been materially redur.-d i v’ - -V
au.ee .haf&uc^wiU
raHlions o*f d'oiiars bpi*ow the fi''”
‘ ;i ® expenditures of the Post Ufflce Depkrtm- nt during t> ■
past fiscal year, ending on the 39th June 1859, ,-xcluJiv
payments for mail service specially provided for ~.
out of the general Treasury, amounted t o s'l4 %4 4', ,
its receipts to $.,963,484 o 7 ; showing a deficient to ly re
plied from the I reasury of $5,996,00 >1 26, against J s’ ■ - ‘i
for the year ending 30th June, 1858. Thf increlslli 1 ,I't !
Siww growing out of the expansion of thtseiwi, ■ ~
quired by Congress explains this rapid aii-'meiit-diuu of th
expenduurcs. J, U gratifying, how, re-r, Kwali.m*
tor the year ending m, the J-ith June r -
June^. ISM,’' com Pared with those in the year ending o’, 30ih
wdl the deficiency for the current fiscal yea:
18,ii j. JniV, it" 4 ° 4 ’ *-hut. for tiie year eXdiug SOih Jiu.c.
1801, it will not exceed $1,342,473 90. should Vi.ne
the measures of reform proposed andurg.d m V-A'.-i .la-l--