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HF
of
thanks ar* due to an All-merci-
hot only tor staying the pesti
lence which in different- forms has deeolated
aome of our cities, but tor crowning the labors
of the husbandman with an abundant harvest,
and the nation generally with the blessings et
peace and prosperity.
MR. WEBSTER.
Within a few weeks the public mind has been
deeply affected by the death of Daniel Webster,
filling at his decease the office of Secretary ot
State. His associates in the Executive govern
ment have sincerely spmpathiied with his fami
ly and the public generally on this mournful oc
casion. His commanding talents, his great po
litical and professional eminence, his well-tried
patriotism, and his long and faithful services, in
the most important public trusts, have caused his
death to l>e lamented throughout the country,
and have earned for him a lasting place in our
■ history.
THE FISHERIES.
In the course ot the last summer considerable
anxiety was caused for a short time by an official
intimation from the government of Gieat Britain
that orders had been given for the protection ot
the fisheries upon the coasts of the British pro
vinces in North America against the alleged en
croachments of the fishing vessels of the United
States and France. The shortness of this notice
and the season ot the year seemed to make it a
matter of urgent importance. It was at first ap
prehended that an increased naval force had
been ordered to the fishing grounds to carry into
effect the British interpretation of those provi
sions in the convention of ISIS, in reterence to
the true intent of which the two governments
differ. It was soon discovered that such was
not the design of Great Britain, and satisfactory
explanations of the real objects of the
t-ave t*ee« uiveu UoVU here aiwf m London.
The unadjusted difference, however, between
the two governments as to the interpretation of
the first article of the convention ot ISIS is still
a matter of importance. American fishing ves
sels within nine or ten years have been excluded
from waters to which they bad free access tor
twenty-five years after the negotiation of the
treaty. In 1845 this exclusion was relaxed so
far as concerns the Bay of Fundy, but the just
and liberal intention of the Home government,
in compliance with what we think the true con
struction ot the convention, to open all the outer
bays to our fishermen, was abandoned, in conse
que-ce of the opposition of the colonies. Not
withstanding this, the United States have, since
the Bay of Fundy was reopened to our fisher
men in 1845, pursued the most liberal course to
ward the colonial fishing interests. By the rev
enue law of 1846, the duties on colonial fish en
tering our ports were very greatly reduced, and
by the warehousing act it is allowed to be en
tered in bond without payment of duty. In this
way colonial fish has acquired the monopoly of
the export trade in our market, and is entering
to some extent into the home consumption.
These facts were among those jwhich increased
the sensibility of our fishing interest, at the
movement in question.
These circumstances and the incidents above
alluded to have led me to think the moment fa
vorable for a reconsideration of the entire subject
of the fisheries on the coasts of the British pro
vinces, with a view to place them upon a more
liberal footing of reciprocal privilege. A wil
lingness to meet us in some arrangement of this
kind is understood to exist, on the part of Great
Britain, with a desire on her part to include in
one comprehensive settlement, as well this sub
ject as the commercial intercourse between the
United States and the British provinces. I have
thought that whatever arrangements may be
made on these two subjects, it is expedient that
they should be embraced in separate conven
tions. The illness and death of the late Secreta
sy of State prevented the commencement ot the
contemplated negotiation. Pains have been
taken to collect the information required for the
details of such an arrangement. The subject is
attended with considerable difficulty. If it is
found practicable to come to an agreement mu
tua ly acceptable to the two paities, conventions
may be concluded in the course of the present
winter. The control of Congress over all the
provisions of such an arrangement, affecting the
revenue, will of course be reserved.
CUBA.
The affairs of Cuba formed a prominent topic
in my last annual message. They remain in an
uneasy condition, and a feeling of alarm and ir
ritation on the part of the Cuban authorities ap
pear to exist. This feeling has interfered with
the regular commercial intercourse between the
United States and the island, and led to some
acts of which we have a right to complain. But
the Captain General of Cuba is clothed with no
power to treat with foreign governments, noris
he in any degree under the control of the Span
ish Minister at Washington. Any communica
tion which he may hold with an agent of a for
!!»; 4Wrt yoweris informal and matter of courtesy.—
Anxious to put an end to the existing inconve
niences, (which seemed to rest on a misconcep
tion.) I directed the newly appointed Minister
to Mexico to visit Havana, on his way to Vera
Cruz. He was respectfully received by the Cap
tain General, who conferred with him freely on
the recent occurrences; but no permanent ar
rangement was effected.
In the meantime,the refusal of the Captain
General to allow passengers and the mail to be
landed in certain cases, for a reason which does
not furnish, in the opinion of this Government,
even a good presumptive ground for such a pro
hibition, has been made the subject of a serious
remonstrance at Madrid ; and 1 have no reason
to doubt that due respect will be paid by the
government of Her Catholic Majesty to the re
presentations which our Minister has been in
structed to make on the subject.
Bis but justice to the Captain General to add.
that his conduct toward the steamers employed
to carry the mails of the United States to Ha
vana has, with the exceptions above alluded to,
been marked with kindness and liberality, and
indicates no general purpose of interfering with
the commercial correspondence and intercourse
between the island and this country.
Early in the present year official notes were
received from the Ministers of France and Eng
land, inviting the Government of the United
States to become a party with Great Britain and
France to a tripartite Convention, in virtue of
■which the three powers should severally and
collectively disclaim, now and for the future, all
intention to obtain possession of the Island of
Cuba, and should bind themselves to discoun
tenance all attempts to that effect on the part of
any power or individual whatever. This invi
tation has been respectfully declined, for reasons
■which it would occupy too much space in this
communication to state in detail, but which led
me to think that the proposed measure would be
of doubtful constitutionality, impolitic, and un
availing. I have, however, in common with
several of my predecessors, directed the Minis
ters of France and England to be assured that
the United States entertain no designs against
Cuba; but that, on the contrary, I should regard
its incorporation into the Union at the present
time, as fraught with serious peril.
Were this island comparatively destitute ot
inhabitants, or occupied by a kindred race, I
should regard it, if voluntarily ceded by Spain, as
a most desirable acquisition. But, under exist
ing circumstances, I should look upon its incor
poration into our Union as a very hazardous
measure. It would bring into the Confederacy
a population of a different national stock, speak
ing a different language, and not likely to har
monize with the other members. It would pro
bably affect, in a prejudicial manner, the indus
trial interests of tne South; and it might revive
those conflicts of opinion between the different
sections of the country, which lately shook the
Union to its centre, and which have been so
happily compromised.
MEXICO.
The rejection by the Mexican Congress of the
Convention which bad been concluded between
that Republic and the United States, far the pro
tection of a transit way across tne Isthmus of
Tehuantepec, and of the interests of those citizens
of the United States who had become proprie
tors of the rights which Mexico had conferred on
one of her own citizens in regard to that transit,
ba* thrown a serious obstacle in the way of the
attainment of a very desirable national object. I
am still willing to hope that the differences on
the subject which exist, or may hereafter arise,
between the governments, will be amicably ad
justed. This subject, however, has already en
gaged the attention of the Senate of the United
States, and requires no further comment in this
communication.
NICARAGUA.
The settlement of the question respecting the
portof San Juan de Nicaragua, and of the con
troversy between the republic* of Costa Rica
and Nicaragua in regard to tjeir boundaries, was
considered indispensable to the commencement
of the ship canal between the two oceans, which
wa* the subject of the convention between the
United States and Great Britain of the 19th of
April, 1850. Accordingly a proposition for the
same purposes addressed to the two governments
in that quarter, and to the Musquito Indians,
was agreed to in April last by the Secretary of
State and the of her Britannic Majesty.
Besides the wish to aid in reconciling the dif
ference* of the two republics, 1 engaged in the
negotiation irom a desire to place the great
work of a ship canal between the two oceans
under one jurisdiction, and to establish the im
portant port, San Juan de Nicaragua, under the
government of a civilized power. The propo
sition in question was assented to by Costa Rica
and the Musquito Indians. It has not proved
equally acceptable to Nicaragua, but it is to be
hoped that the further negotiations on the sub
ject, which are in train, will be carried on in
that spirit of conciliation and compromise which
ought always to prevail on such occasions, and
that they will lead to a satisfactory result.
VENEZUELA.
I have the satisfaction to inform you that the
executive governmentof Venezuela has acknow
ledged some claims of citizens of the United
States, which have for many years past been
urged by our charge d’affaires at Caraccas. It i*
hoped that the same sense of justice will actu
ate the Congress of that Republic in providing
the means for their payment.
BUENO* A.RES.
The recent revolution in Buenos Aye* and
confederate] State* having opened the proe-
’ nect of an improved stale of things in that
quarter, the governments ot Great Britain and |
France determined to negotiate with the chief
I of the new confederacy for the tree access ot
1 their commerce to the extensive countries wa
tered by the tributaries of the La 1 lata; and
they gave a friendly notice of this purpose to the
Mfflifted States, that we might if we thought ■
diaper pursue the same course. In compliance
'2OWt this invitation, our minister at Rio Janeiro
• * d'affaires at Buenos Ayres, have
k ' to conclude treaties with
the newly organized confederation, or the States
composing it. The delays which have taken
place in the formation of the new government
have as yet prevented the execution of those
instructions; but there is every reason to hope
that these vast Countries will eventually be open
ed to our commerce.
ORIENTAL REPUBLIC.
A treaty ot commerce has been concluded Be
tween the United States and the Oriental Re
public of Uraguay, which will be laid before the
Senate. Should this convention go into opera
tion, it will open to the commercial enterprise
of our citizens a country of great extent and un
surpassed in natural resources, but from which
foreign nations have hitherto been almost whol
ly excluded.
TUR LOBOS ISLANDS.
The correspondence of the late Secretary ot
I State, with the Peruvian charge d'aflaires, rela
tive to the Lobos Islands was communicated to
‘ Congress toward the close of the last session.—
’ j Since that time, on further investigation ot the
’ I subject, the doubts which had been entertained
r of the title of Peru to those islands have been
| removed, and 1 have deemed it just that the
! temporary wrong which had been unintention
i ' ally done her, from want of information, should
be repaired by an unreserved acknowledgment
!• • of her sovereignty.
. I have the satisfaction to inform you that tne
’ ' course pursued by Peru has been creditable to
l the liberality of her government. Before it was
, ! known by her that her title would be acknow
ledged at Washington, her Minister of Foreign
' ' Affairs had authorised our charge d affaires at
■ i Lima to announce to the American vessels
; which had gone to the Lobos tbr guano, that the
’ Peruvian Government was willing to freight
them on Its own account. This intention has
’ i been carried into effect by the Peruvian Minis
' ter here, by an arrangement which is believed
’ to be advantageous to the parties in interest.
X Kir the shares ofjthe Pacific
, I have already -i a great exterfsion, and in
f some respects a nev direction, to our commerce
II in that oce; . A direct and rapidly-increasing
intercourse has sprung up with Eastern Asia.
I The waters of the f ort hern Pacific, even into
r I tl— Ai .die s;. have of late years been frequented
, b- The application of steam to
' th 1 ;. ral purposes of navigation, is becoming
t daily ■• conui.-ii, and makesit desirable to
I obtain i?tl and other necessary supplies at con
| venient points or. the route between Asia and
r j our Pacific shores. Our unfortunate countrymen,
! who from time to time suft'er shipwreck on the
. ; coasts of the eastern seas, are entitled to protec
; I tion. Besides these specific objects, the general
j I prosperity of our States on t e Pacific requires
■ that an attempt should be made to open the op
. ■ posite regions of Asia to a mutually beneficial
. intercourse. It is obvious that this attempt could
I I be made by no power to so great advantage as
. I by the United States, whose constitutional sys
-5 i tern excludes every idea of distant colonial de
£ I pendencies. I have accordingly beeu led to or
, der an appropriate naval force to Japan, under
’ | the command of a discreet and intelligent officer
j of the highest rank known to our service He
, is instructed to endeavor to obtain from the gov-
j eminent of that country some relaxation of the
, ; inhospitable and anti-social system which it has
' pursued for about two centuries. He has been
f. ; directed particularly to remonstrate in the strong
. est language against the cruel treatment to which
, our shipwrecked mariners have often been sub
jected, and to insist that they shall be treated
j i with humanity. He is instructed, however, at
' the same time to give that government the arn
-1 plest assurances that the objects of the United
States are such and such only as I have indicated,
, and that the expedition is friendly and peaceful.
' ' Notwithstanding the jealousy with which the
" ■ governments of Eastern Asia regard all overtures
i from foreigners, I am not without hopes of a
" beneficial result of the expedition. Should it be
’ crowned with success, the advantages will not
’ be confined to the United States, but, as in the
j case of China, will be equally enjoyed by all the
j other maratime powers. I have much satisfac
’ tion in stating that in all the steps preparatory
’ I to this expedition, the Government of the United
’ States has been materially aided by the good of
-5 | fires of the King of the Netherlands, the only
’ European power having any commercial rela
, tions with Japan.
STATE DEPARTMENT.
i In passing from this survey of our foreign rela
' tions, I invite the attention of Congress to the
l condition of that department of the Government
to v. 'Jeb this branch of the public business is en
; trusted. Our intercourse with foreign powers
has of late years greatly increased, both in conse
quence of our own growth and the introduction
, of many new States into the family of nations
In this way the Department of State has become
: overburdened. It has, by the recent establish
i ment of the Department of the Interior, been re
lieved of some portion of the domestic business.
If the residue of the business of that kind, such
as the distribution of Congressional documents,
the keeping, publishing and disiribution of the
laws q the United Slate*, the execution of the
■ copyright >4w, the subject of reprieved and par
dons, and some other subjects relating to interi
or administration, should be transferred from
the Department of State, it would unquestiona
bly be for the benefit of the public service. I
would also suggest that the building appropriated
to the State Department is not fire-proof; that
I there is reason to think there are defects in its
construction, and that the archNes of the Gov
ernment in charge of the Department, with the
, precious collections of the manuscript papers of
■ Washington, Jefferson, Hamilton, Madison, and
' Monroe, are exposed to destruction by fire. A
similar remark may be made of the buildings ap
propriated to the War and Navy Departments.
TREASURY DEPARTMENT.
j The condition of the Treasury is exhibited in
I the annual report from that Department.
The cash receipts into the Treasury for the
fiscal year ending the 30th June last, exclusive
of trust funds, were forty-nine millions seven
hundred and twenty-eight thousand three hund
red and eighty-six dollars and eighty-nine cents,
($49,728,386 89.) and the expenditures lor
the same period, likewise exclusive of trust
funds, were forty-six millions seven thousand
eight hundred and ninety-six dollars and twenty
cents, ($46,007,896 20.) of winch nine mil
lions four hundred and fifty-five thousand
| eight hundred and fifteen dollars and eighty
: three cents (§9,455,815 S 3) was on ac-
■ count of the principal and interest of the public
I debt, including the last instalment of the indem
i nity to Mexico, under the treaty of Guadalupe
I Hidalgo, leaving a balance of $14,632,136 37 in
I the Treasury on the first day of J uly last. Since
i this latter periol. further purchases of the prin-
I cipal of the pul ■ debt have been made to the
i extent of twe s four hundred and fifty-six
thousand five i i: red and forty-seven dollars
j and forty-nin •< . ($2,456,547 49,) and the
i surplus in the . leasury will continue to be ap
! plied to that object, whenever the stock can be
: procure ! within the limits, as to price, authori
' zed • !•••'
T ■! for rti merchandise imported
duri-o' iart fi.-.cal year was two hundred and
seven i. iiiciic two hundred and forty thousand
one hun.oed and one de'lar.’, ($207,240,101;) and
the value .>f dome, tic productions exported was
one hundred and l-uty-nine millions eight hun
i dred and sixty-one thousand nine hundred and
eleven dollars, ($1.18,801 9! I.) besides seven
teen millions two hundred and four thousand and
twenty-six dollars ($17,291,026) of foreign mer
chandise exported; making the aggregate of the
: entire exports one hundred and sixty-seven mil
lion sixty-five thousand nine hundred and thir
ty-seven dollars, ($167,065,937;) exclusive of
the above there was exported forty-two millions
five hundred and seven thousand two hundred
and eighty-five .dollars ($42,507,285) in specie;
and imported from foreign ports, five millions
two hundred and sixty-two thousand six hun
dred and forty-three dollars, ($5,262,643.)
THE TARIFF.
In my first annual message to Congress I
called your attention to what seemed to me some
defect* in the present tariff and recommended
such modifications as in my judgment were best
adapted to remedy its evils and promote the
• ; prosperity of the conntry. Nothing has since
occurred to change my views on this important
j question.
Without repeating the arguments contained
in my former message, in favor of discrimina
ting, protective duties, 1 deem it my duty to call
your attention to one or two other considera
tions affecting this subject. The first is, the
effect of largi jimportations of foreign goods upon
our currency. Most of the gold of California, as
fast as it is coined, finds its way directly to Eu
ropein payment for goods purchased. In the
second place, as our manufacturing establish
ments are broken down by competition with
foreigners, the capital invested in them is lost,
thousand of honest and industrious citizens are
thrown out of employment, and the farmer to
that extent is deprived of a home market for the
sale of his surplus produce. In the third place,
the destruction of our manufactures leaves the
foreigner without competition in our market, arid
he consequently raises the price of the article
• sent here for sale, as is now seen in the increas
led cost of iron imported from England. The
i prosperity and wealth of every nation must de
pend upon its productive industry. The farmer
is stimulated to exertion by finding a ready
market for his surplus products, and benefitted
by being able to change them, without loss of
time or expense of transportation, for the manu- j
factures which his comfort or convenience re
quires. This is always done to the best advan
tage where a portion oi the community in which
he Jives is engaged in other pursuits. But most
manufactures require an amount of capital and a
practical skill which cannot be commanded, un
less they be protected for a time from ruinous
competition Irom abroad. Hence the necessity
of laying those duties upon imported goods which
the Constitution authorizes for revenue, in such
a manner as to protect andj encourage the| labor
of our own citizens. Duties however should
not be fixed at a rate so high as to exclude the
foreign article, but should be so graduated as to
enable the domestic manufacturer fairly to com
pete with the foreigner in our own markets, and
by this competition to reduced the price of the
manufactured article to the consumer to the low
est rate at which it can be produce. This po
licy would place the mechanic by the side of
the farmer, create a mutual interchange of their
respective commodities, and thus stimulate the
industry of the whole country, and render us in
dependent of foreign nations lor the supplies re
quired by the habit* or n«e«*sitiM of th* people.
Another question, wholly independent of pro
j tection, presents itself, and that is, whether the
! duties levied should be upon the value of the
article at the place oF shippient, or, where it is
practicable, a specific duty, graduated according
to quantity, as ascertained by weight or measure.
All our duties are at present inWa/oiTui. A cer
tain per centage is levied on the price of the
goods at the port of shipment in a foreign coun
try. Most commercial nations have found it
indispensable, tor the purpose of preventing fraud
andjperjury, to make the duties specific whenever
the article is of such a uniform value in weight
or measure as to justify such a duty. Legislation
should never encourage dishonesty or crime. It
is impossible that the revenue officers at the port
where the goods are entered and the duties pajd
should know with certainty what they cost in
the foreign country. Yet the law requires that
they should levy tile duty according to such cost.
They are therefore compelled to resort to very
unsatisfactory evidence to ascertain what that
cost was. They take the invoice of the impor
ter, attested by his oath, as the best evidence of
which the nature ot the case admits. But every
one must see that invoice infiy be fabricated,
and ttie oath by which it is supported false, by
reason of which the dishonest importer pays a
part only of the duties which are paid by the
honest one.and thus indirectly receives from the
treasury of the United States a reward for his
fraud mid perjury. The reports of the Secretary
, of the Treasury heretofore made on this subject
! show conclusively that these frauds have been
. practiced to a great extent. The tendency is
I i to destroy that high moral character for which
| onr merchants have long been distinguished ; to
■ 'defraud the Government of its revenue; to
: break down the honest importer by a dishonest
I competition; and, finally,to transfer the busi-
i ness of importation to foreign and irrespon
sible agents, to the great detriment of our own
■ i citizens. 1 therefore again most earnestly re
>' commend the adoption ot specific duties, wher
s ever it is practicable, or a home valuation, to
. prevent these frauds.
i I would also again call your attention to the
t fact, that the present tariff in so ne cases im
s poses a higher duty upon the raw material im
i ported than upon the article manufactured from
t it, the consequence of which is that the duty
s operates to the encouragement ot the foreigner
- and the discouragement of our own citizens.
] INDIAN AFFAIRS.
For full and detailed information in regard to
the general condition of our Indian affairs, I re
c sjjctfully refer you to the report ofthe Secretary
r offiaie Interior and the accompanying docu
e ments.
» The Senate not having thought proper to rati
fy the treaties which had been negotiated with
a the tubes of Indians in California and Oregon,
J our relations with them have been left in a very
o unsatisfactory condition.
g In other parts of our territory, particular dis
ci tricts of country have been set apart for the ex-
- elusive occupation ofthe Indians, and their right
J to the lands within those limits has b een ac
i, i knowledged and respected. But in California
e j and Oregon there has been no recognition by
- the Government of the exclusive right ot the
1 : Indians to any part of the country. They are
s i therefore mere tenants at sufferance, and liable
- ' to be driven from place to place, at the pleasure
,1 ; of the whites.
1 The treaties which have been rejected pro
s ; posed to remedy this evil by allotting to the dis-
- lerent tribes districts of country suitable to their
- habits of life, and sufficient for their support.
- This provision, more than any other, it is be
r : lieved, led to their rejection ; and as no substi
r tute for it has been adopted by Congress, it has
e j not been deemed advisable to attempt to enter
- into new treaties of a permanent character,
e although no effort has been spared by tempor
s ary arrangements to preserve friendly relations
i with them.
If it be the desire of Congress to remove them
a from the country altogether, or to assign to them
- particular districts more remote from the settle
-1 ments of the whites, it will be proper to set apart
t by law the territory which they are to occupy,
- and to provide the means necessary tor removing
1 them to it. Justice alike to our own citizens
, and to the Indians requires the prompt action of
Congress on this subject.
» The amendments proposed by the Senate, to
s the treaties which were negotiated with the
i Sioux Indians of Minnesota, have been submit-
> ted to the tribes who were parties to them, and
t have received their assent. A large tract of va
‘ luable terrritory has thus been opened forsettle-
> ment and cultivation, and all danger of collision
with these powerful and warlike bands has been
• happily removed.
I The removal of the remnant of the tribe of
Seminole Indians from Florida has long been a
■ cherished object of the Government, and it is one
to which my attention has been steadily direct
ed. Admonished by past experience of.the dif
ficulty and cost of the attempt to remove them
by military force, resort has been had to conci
liatory measures. By the invitation of the Com
missioner of Indian A ffair.s several of the princi
pal chiefs recently visited Washington, and
whilst here acknowledged in writing the obliga
tion of their tribe to remove with the least pos
sible delay. Late advices from the special agent
! of the Government represent that they adhere
to their promise, and that a council of their peo
ple has been called to make their preliminary
arrangements. A general emigration may there-
I fore be confidently expected at an early day.
GENERAL LAND OFFICE.
i The report.from the General Land Office shows
I increased activity in its operations. The survey
ot tlie northern boundary of lowa has been com
f pieced vvitt» ■ »
the last year 9,522,953 acres of public land have
been surveyed, and 8,032,163 acres brought into
market.
acres.
In the last fiscal year there were sold.. 1,553.071
Located with bounty land warrants... .3,201,314
Located with other certificates 115,682
Making a total of 4,870,067
In addition, there were—
Reported under swamp land grants.. ..5,219.188
For internal improvements, railroads,
&c 3,025,920
Making an aggregate of 13,115,175
Being an increase in the amount of lands sold
and located under land warrants of 569,220 acres
i over the previous year.
The ,whole amount thus told, located under
■ land warrants, reported under swamp land
grants, and selected for internal improvements,
exceeds that of the previous year by 3,342,372
acres ; and the sales would, without doubt, have
been much larger but for the extensive reserva
tions for railroads in Mississippi, and Alabama.
acres.
For the quarter ending 30th September,
1852, there were sold 213,255
Located with bounty land warrants... 1,387,1 16
Located with other certificates 15,649
Reported under swamp land grants... .2,485,233
Making an aggregate for the quarter
of 1,431,253
THE CENSUS.
Much the larger portion of the labor of arrang
ing and classifying the returns of the last census
has been finished, and it will now devolve upon
Congress to make the necessary provision for
the publication of the results in such form as
shall be deemed best. The apportionment of rep
resentation. on the basis of the new census, has
been made by the Secretary of the Interior in
conformity with the provisions of law relating
to that subject, and the recent elections have
; been made in accordance with it.
PATENTS.
I commend to your favorable regard the sug
' gestion contained in the report of the Secretary
. ofthe Interior, that provision be made by law for
the publication and distribution, periodically, ot
i an analytical digest of all the patents which
have been, or may' hereafter be, granted for use
ful inventions and discoveries, with such des
criptions and illustrations as maybe necessary
to present an intelligible view of their nature
i and operation. The cost of such publication
could easily be defrayed out of theipatent fund,
and I am persuaded that it could be applied to
no object more acceptable to inventors and ben
eficial to the public at large.
INSANE ASYLUM.
Aii appropriation of $109,000 having been
made at the last session fol the purchase of a suit
able site, and for the erection, furnishing and fit
ting up of an Asylum for the Insane ofthe Dis
trict of Columbia, and of the Army and Navy of
the United States, the proper measures have
been adopted to carry this beneficent purpose in
to effect.
BOUNDARY COMMISSION.
By the latest advices from the Mexican
Boundary Commission it appears that the sur
vey of the river Gila, from its confluence with
the Colorado to its supposed intersection with
the western line of New Mexico, has been com
pleted. The survey of the Rio Grande has also
been finished from the point agreed on by the
. Commissioners as “the point where it strikes the
southern boundary of New Mexico” to a point
one hundred and thirty-five miles below Eagle
Pass, which is about two thirds of the distance
along the course of the river to its mouth.
The appropriation which was made at the
last session of Congress for the continuation of
the survey is subject to the following proviso :
“Provided. That no part of this appropriation
shall be used or expended until it shall be made
satisfactorily to appear to the Piesidentof the
United States that the southern boundary of
New Mexico is not established by the commis
sioner and surveyor of the United States farther
north ol the town called‘Paso’than the same is
laid down in Disturnell’s map, which is added
to the treaty.”
My attention was drawn to this subject by a
report from the Department of the Interior,
which reviewed all the facts of the case, and
I submitted for my decision the question whether,
I under existing circumstances, any part of the
appropriation could be lawfully used or expend
ed for the further prosecution of the work. Af
ter a careful consideration of the subject, I came
to the conclusion that it could not, and so in
formed the head of that Department. Ordeis
were immediately issued by him to the commis
sioner and surveyor to make no further requisi
tions on the Department, as they could not be
paid; and to discontinue all operation* on the
southern line of New Mexico. But as the De
partment had no exact information a* to the
amount of provisions and money which remain
ed unexpended in the hands of the commissioner
and surveyor, it was left discretionary with
them to continue the survey down the Rio
Grande as far as the means at their disposal
would enable them, or at once to disband the
Commission. A special messenger has since ar
rived from the officer in charge of the survey
on the river, with information that the funds
subject to his control were exhausted, and that
the officers and others employed in the service
were destitute alike of the means of proiecuting
the work and of returning to their home*. |
' The object ot the proviso was doubtless 1o ai4
rest the survey of the Southern and Western
lilies of New Mexico, in regard to which differ
ent opinions have been expressed ; for it is hard
ly to be supposed that there could be any objeg-c
tion to that part of the line which extends along
the Channel of the Rio Grande. the terms
of the law are so broad as to use of anta
part of the money for the prosecution
work, or even for the payment, to the
and agents, of the arrearages of pay
justly due to them. Ajec i
I earnestly invite your prompt attentlV " .7'
this subject, and .recommend a modification of
the terms of the proviso so as to enable the De
partment to use as much of the appropriatiot£ro
will be necessary to discharge the existing oblV%
gations ofthe Government, and to
survey of the Rio Grande to its mouth. Jf":
It will also bo proper to make furtherTrovi
sion by law for the fulfilment of our treaty w*Ur
Mexico for ruiimng and marking the residue o f
the boundary between the two counties
-Strict of Columbia. ” ,
Permit me to invito your particular attention
to the interests of the District of Columsi aj
which are confided by the Constitution to j ou r
peculiar care.
Among the measures which seem to me ofjft
greatest importance to its prosperity, are IhslS.
traduction of a copious supply of water int|info
city of Washington, and the construction of,
suitable bridges across the Potomac to regactf
those which were destroyed by high wat® j n
the early part of the present year.
At the last session of Congress an approffia-i
tion was made to defray the cost of the srn»?y S
necessary for determining the best meaiiQ>( a s.
fording an unfailing supply of good and Whole
some water. Some progress has been made in
the survey, and as soon as it is complete sh e
result will be laid before you.
Further appropriations will also be
for grading and paving the streets and avfo llPSi
and enclosing and embellishing the Riblic |
grounds within the city of Washington.
I commend all these objects, together wist :
charitable institutions of the District, to y<n fa
vorable regard. . i
THK FRONTIER. J
Every effort has been made to protect oj
tier, and that of the adjoining Mexican tyf-s. L
from the incursions of the Indian
about 11,000 men of which the army is*-...~l
, posed, nearly 8,000 are employed in ,
of the newly-acquired territory, /
- as,) arujof emiuiaiits prugei-ijjHr tl-A/A.j
gratified to say that thesa e'fforß
suallj' successful. With the exception
partial outbreaks in California and Oregon, asj?
i occasional depredations on a portion of the Rio
( Grande, owing, it is believed, to the disturbed
• state of that border region, the inroads of the
Indians have been effectually restrained.
Experience has shown, however, that when
ever the two races are brought into contaft, col
; lisions, will inevitably occur. To prevent,these
collisions the United States have genersli se j
t apart portions of their territorj' for the ejcjisive
■ occupation of the Indian tribes. A difficulty
. occurs, however, in the application of this poli
. cy to Texas. By the terms of the compief by
> which that State was admitted into the U|ion.
. she retained the ownership ol all the vatan!
lauds within her limits. The governmenlj**;
. that State, it is understood, has assigned no
. tion of her territory to the Indians ; but as fas(
r as her settlements advance lays it off into coun
ties, and proceeds to survey and sell it.'This poh
icy manifestly tends, not only to alani, and ir.
ritate the Indians, but to compel them to resort
, to plunder for subsistence. It also depriv<s thus
• Government of that influence and control over
them without which no durable peace canlever
exist between them and the whites. 1 trus 1 ,
; therefore, that a due regard for her own iottrest',
apart from considerations of humanity and jus
tice, will induce that State to assign sma.l
portion of her vast domain for the pro isionti
occupancy of the small remnants oi tribe?
within her borders, subject of course :o her
ownership and eventual jurisdiction, if sh«
should fail to do this, the fulfilment of ou Jlreaty 1
i stipulations with Mexico, and our duty ro the ■
Indians themselves, will, it is feared, becme a i
subject of serious embarrassment to the i
I ment. It is hoped, however, that a timely aixf
■ just provision by Texas may avert this evil.
FORTIFICATIONS.
No appropriations for fortifications were made,
at the two last sessions of Congress. The catuea
of this omission is, probably, to be found in al
growing belief that the system of fortifications'
adopted in 1816, and heretofore acted on, requires '
! revision.
The subject certainly deserves full and ifire
: fill investigation ; but it should not be delayed
longer than can be avoided. In the mearlirne
there are certain works which have been irn
menced—some of them neaily
designed to protect our principal seaports frrm
Boston to New Orleans, and a few other iipor
, tant points. In regard to the necessity for(h<ise
works, it is believed that little difference ofoj n
ion exists among military men. I therefoie 're
commend that the appropriations necessary to
prosecute them be made.
| I invite your attention to the remarks oi tils
subject, and on others connected with hh be
partment, contained in the accompanyii g re
port of the Secretary of War.
RIVERS AND HARBORS. j
Measures have been taken to carry into .fleet
the law of the last session making provisio i for
the improvement ofcertain rivers and harirs,
and it is believed that the arrangements n*de
for that purpose will combine efficiency yitn
t.. UjaiMh r-il adlson
rt nen rue act was p I set RMtgT****
in regard to many of the works beyond in.c;'Tig'
the necessary preparations. With respect -a a
few of the improvements, the sums already ap
propriated will suffice to complete them, but
most of them will require additional approba
tions. I trust that these appropriations wil be
made, and that this wise and beneficient pdicy,
so auspiciously resumed, will be contifoed.
Great care should be taken, however, to com
mence no work which is not of sufficient inpor
tance to the commerce of the country to be iew
ed as national in its character. But Vorks
which have bee.n commenced should not dis
continued until completed, as otherwise the
sums expended will, in most cases, be lost.
NAVY DEPARTMENT.
The report from the Navy Department will
inform you of the prosperous condition a the
branch of the public service committed b its
charge. It presents to your consideration~inany
topics and suggestions of which I ask you! ap
proval. It exhibits an unusual degree of aaivity
in the operations of the Department during the
past year. The preparations for the Japan ex
pedition, to which I have already alluded; the
arrangements made for the exploration an! sur
vey of the China Seas, the Nothern Pacific, and
Behring’s Straits ; the incipient measures taken
towards a reconnoissance ofthe continental Af
rica eastward of Liberia ; the preparation ir an
early examination ofthe tributaries of theßiver
La Plata, which a recent decree of tiiPprwCsion
al chief ofthe Argentine Confederation hasopen
ed to navigation; all these enterprises, and the
means by which they are proposed to be accom
plished, have commanded my full approlnuon,
and I have no doubt will be productize of most
useful results.
Two officers of the navy were heretofore in
structed to explore the whole extent of the Am
azon river from the confines of Peru to its tnouth.
The return of one of them has placed in the pos
session ofthe Government an interesting and
valuable account of the character and resources
of a country abounding in the materials of com
merce, and which, if opened to the industry of
the world, will prove an inexhaustible fund of
wealth. The report ot this exploration will be
communicated to you as soon as it is completed.
Among other subjects offered to your notice
by the Secretary ofthe Navy, I select for spe
cial commendation, in view of its connexionwith
the interests of the navy, the plan submitted by
him for the establishment of a permanent corps
of seamen, and the suggestions he has presented
for the reorganization ofthe Naval Academy.
In reference to the first of these, I take occa
sion to say, that I think it will greatly improve
the efficiency of the service, and that I regard it
as still more entitled to favor for the sflutary
influence it must exert upon the naval discipline,
now greatly disturbed by the increasing spirit
ot insubordination, resulting from our present
system. The plan proposed for the organisation
of the seamen, furnishes a judicious substitute for
the law of Sejitember, 1850, abolishing cofporal
punishment, and satisfactorily sustains the policy
of that act, under conditions well ?Japt*l to
maintain the authority --■ v 1
and security of our ships. Tt is believed that
any change which proposes permanently to dis
pense with this mode of punishment, should be
preceded by a system of enlistment which shall
supply the navy with seamen ofthe most meri
torious class, whose good deportment and pride
of character may prelude all occasion for a resort
to penalties of a harsh or degrading nature. The
safety of a ship and her crew is often
upon immediate obedience to a command, and
the authority to enforce it must be equally ready.
The arrest of a refractory seaman, in such mo
ments, not only deprives the ship of indispensable
aid, but imposes a necessity for double service on
others whose fidelity to their duties may be re
lied upon in such an emergency. The exposure
to this increased and arduous labor, s.ace the
passage of the act of 1850, has already had, to a
most observable and injurious extent, the effect
of preventing the enlistment of the beet seamen
in the navy. The plan now suggested is design
ed to promote a condition of service in which
this objection will no longer exist. The details
ofthis plan may be established in great part, it
not altogether, by the Executive, under the au
thority of existing laws; but I have thought it
proper, in accordance with the suggestion of the
Secretary ot the Navy, to submit it to vour ap
proval.
The establishment of a corps of apprentice* for
the navy, or boysto be enlisted until they become
ot age, and to be employed under such regula
tio is as the Navy Department may devise, as
proposed in the report, 1 cordially app. »ve and
commend to your consideration ; and I also con
cur in the suggestion that this system for the
early training of seatnen may be most usefully
engrafted upon the service ot our merchant ma- '
rine. '
The other proposition ofthe report to which J !
have referred—the reorganization of the Naval :
Academy—l recommend to your attention as a ,
project worthy ol your encouragement »nd sup- ,
port. The valuable services already rendered ,
by this institution entitle it to the continuance l
of your fostering care. I
GENERAL POST OFFICE.
Your attention is resjiectfully called so the re- 1
port of the Postmaster General for this detailed 1
operation of his Department during the last fiscal 1
year, from which it will be seen that tho receipts '
from postages for that time were less by sl,- ,
431,696 than fol the preceding fiscal year, being .
a decrease of about 23 per cent. .
This diminution i* attributable to the reduc- I
tion in the rate* of postage made by the act of '
3,1851, which reduction took effect at |
the commencement ofthe last fiscal year.
Although in its operation during the last year
the act referred to has not fulfilled the predic
tions of its friends by increasing the correspond
"nee of the country in proportion to the reduc
tion of postage, I should nevertheless question
policy of returning to higher rates. Expe
rieftce warrants the ex pectatiou that as the com
rftunity becomes aceu torned to cheap postage,
'correspondence will im lease. It is believed
that from this cause, an I from the rapid growth
of the country in popula'ion and business, the
receipts »f the Departmen must ultimately ’ex
ceed its expenses, and th.i the country may
safely rely upon the contin i anee ofuLUe cheaji
rate of postage. W
FOREIGN CONSULS, &C. '
Th former messages I have, among other
things, respectfully recommended to the consid
t Nation of Congress the propriety and necessity
1 ot' further legislation for the protection and pun
ishment of foreign consuls resing in the United
States ; to revive with certain modifications the
act of 10th March,J 1838, to restrain unlawful
military expeditions against the inhabitants or
conterminous States or territories; for the pre
servation and protection from mutilation of
theft of tho papers, records and archives of the
nation; for authorizing the surplus revenue to be
applied to the payment of the public debt m ad
vance ol the time when it will become du ’; lor the
of land offices for tljo sale < the pub
lie lands in Calilbrniaand the territory of Oregon:
for the construction of a road the Mi.-iis
pi valley to the Pacific ocean ; for the estab
kshmentrof a bureau of agriculture for the pro
motion of that interest, perhaps the most impor
tant in the country ; for the prevention of
frauds upon the Government in applications for
jxmsions and bounty lands ; for tpe establish
ment ot a uniform fee bill, prescribing a specific
for every service .required of
i clerks, district attorneys and marshals; for au-
I thorizihg an additional regiment of mounted
' men, for the defence of our against the
1 Indians, and fox-fulfilling our stipulations
with Mexico to defend her citizens against the
4-Indians “with equal diligence mid energy aS
7 our own ;” for determining the relative rank be-
I tween the naval and civil officers in our public
Lfliips, and between the officers of the Army and
in the various grades ol each; for re-or-
I ganizing the naval establishment by fixing the
fWimber of officers in each grade, and providing
/kJ- a retired list upon reduced pay of those unfit
vea!u.tyl for prescribingjand regulating
V’p^nijhsS’fits^trthv navy ; tot the appointment*
J" u ?i>mmission to revise the public statutes of
f States, by arranging them in order,
1 deficiencies, correcting incongruities,
simprfying their language and reporting them
to Congress for its final action ; and for the es
tablishment of a commission to adjudicate and
settle private claims against the United States.— j
I am not aware, however, that any of these
subjects have been finally acted on by Congress.
' Without repeating the reasons for legislation on !
these subjects, which have been assigned in for- I
mer messages, I respectfully recommend them ,
again to your favorable consideration.
THE DEPARTMENTS.
I think it due to the several Executive De- :
partments of this Government to bear testimo
ny to the efficiency and integrity with which,
they are conducted. With all the careful super- |
rintendence which it is possible for the Heads of i
those Departments to exercise, still the due ad
minstration and guardianship of the public mon
ey must very much depend on the vigilance, in
telligence. and fidelity of the subordinate officers
and clerks, and especially on those entrusted
with the settlement and adjustment of claims
and accounts. 1 am gratified to believe that
they have generally performed their duties faith
fully and well. They are appointed to guard the
approaches to the public Treasury, and they oc
cupy positions that expose them to all the temp
tions and seductions which the cupidity ofpecu
culators and fraudulent claimants can prompt
them to employ. It will be but a wise precau
tation to protect the Government against that
i source otmischief and corruption, as far as it can
I be done, by the enactment of all proper legal
j penalties. The laws, in this respect, are suppo
r, sed to be defective, and I therefore deem it my
! duty to call your attention to the subject, and to
I recommend that provision be made by law for
the punishment not only of those who shall ac
' cept bribes, but also ol those who shall either
| promise, give, or offer to give to any of those
I officers or clerks a bribe or reward, touching or
. relating to any matter of their official action or
duty.
non-intervention, &c.
It has been the uniform policy of this Govern
ment from its foundation to the present day, to
abstain from all interference in the domestic af
fairs of other nations. The consequence has been
that while the nations of Europe have been en
gaged in desolating ware, our country has pur
sued its peaceful course to unexampled prosperi
ty *nd happiness. The wars in which we have
been compelled to engage, in defence of the
rights and honor of the country, have been for
tunately of short duration. During the terrific
contest of nation against nation, which succee
ded the French revolution, we were enabled by
the wisdom and firmness of President Washing
ton, to maintain our neutrality. While other na
tions were drawn into this wide sweeping whril
pool, we sat quiet and unmoved upon our own
shores. While the flower of thair numerous ar
mies was wasted by disease or perished by hun
dreds of thousands upon the battle-field, the
j’outh ofthis favored land were permitted to en
joy the blessings of peace beneath the paternal
'• 1 -a n r'' 1
jects stid groan, and which must abs_MJ.o small
part of the product of the honest industry of
those countries for generations to come, the Uni
ted States have once been enabled to exhibit the
proud spectacle of a nation free from public debt;
and, if permitted to pursue our prosperous way
for a few years longer in peace, we may do the
same again.
But it is now said by some, that this policy
must be changed. Europe is no longer separated
from us by a voyage of months, but steam navi
gation has brought her within a few days’sail
of our shores. We see more of her movements,
and take a deeper interest in her controversies. —
Although no one proposes that we should join the
fraternity of potentates who have for ages lavish
ed the blood and treasure of their subjects in
maintaining “ the balance of power,” yet it is
said that we ought to interfere between contend
ing sovereigns and their subjects, for the purpose
of overthrowing the monarchies of Europe and es
tablishing in their place republican institutions.
It is alleged that we have heretofore pursued a
different course from a sense of our weakness,
butthat now our conscious strength dictates a
change of policy, and that it is consequently our
duty to mingle in these contests and aid those
who are struggling for liberty.
This is a most seductive but dangerous appeal to
the generous sympathies of freemen. Enjoying
as we do tho blessings of a free government, there
is no man who has an American heart that would
not rejoice to see these blessings extended to all
other nations. Wo cannot witness the struggle
between the oppressed and his oppressor aaiywhero
without tho deepest sympathy for tho former, mid
the most anxious desire for his triumph. Never
theless is it prudent or is it wise to involve our
selves in these foreign wars? It is indeed true that
we have heretofore refrained from doing so merely
from the degrading motive of a conscious weakness?
For tho honor of the patriots who have gone before
us, I cannot admit it. Men of tho Revolution who
drew the sword against the oppressions of their
mother country, and pledged to Heaven “ their
lives, their fortunes, and their sacred honor” to
maintain their freedom, could never hare been
actuated by so unworthy a motive. They know no
weakness or fear where right or duty pointed the
way, and it o is libel upon their fair fame for us,
while we enjoythe blessings for which they so nobly
kught and bled, to insinuate it. Tho truth is that
the course which they pursued was dictated by a
st ern sense of international justice, by a statesman- ,
like prudence and a far seeing wisdom, looking not
merely to tho present necessities, but to the perma
nent safety and interest ofthe country. They knew
that the world is governed less by sympathy than by
reason an I force; that it was not possible for this
nation to become a “propagandist” of free prinoi- j
pies without arraying against it the combined pow
ers of Europe; and that the result was more likely to
be the overthrow of republican liberty hero than
its establishment there. History has been written
in vain for those who can doubt this. France had
no sooner established a republican form of govern
ment than she manifested a desire to force its bles
sings on all the world. Her own historian informs
us that, hearing of some petty acts of tyranny in a
neighboring principality, “Tlkl National Conven
tion declared that she would afford succor and fra
terhil,"ro'-amTTrr;lmn who u l.ihi .I to . c,their
liberty; and she gave it in charge to tho executive
power to give orders to tho generals of the French
armies to aid all citizens who might have been or
should bo oppressed in tho cause of liberty.” Hero
was tho false stop which led to her subsequent mis
fortunes. She soon found herself involved in war
with all tho rest of Europe. In less than ten years
bor government was changed from a republic to an
empire; and finally, after shedding rivers of blood,
foreign powers restored hor exiled dynasty, and ex
hausted Europe sought peace and repose in the un
questioned ascendancy of monarchical principles.
Let us learn wisdom from her example. Let us
remember that revolutions do not always establish
freedom. Our own free institutions were not tho
offspring of our Revolution. They existed before.
They were planted in the free charters of self gov
ernment under which tho English colonies grow up,
and our Revolution only freed us from the domin
ion of a foreign power, whoso government was at
variance with those institutions. But European
nations have had no such training for self govern
ment, and every effort to establish it by bloody rev
olutions has been, and must, without that prepara
tion, continue to boa failure. Liberty, unregulat
ed by law, degenerates into anarehy, which soon
becomes tho most horrid of all despotisms. Our
policy is wisely to govern ourselves, and thereby
to sot such an example of nationaljiistico, prosper
ity, and true glory, as shall teach to all nations tho
blessings of self government, and tho unparalleled
enterprise and success of a free people.
Wo live in an ago of progress, and ours is em
phatically a country of progress. Within tho last
half-oentury tho number of States in this Union
has nearly doubled, tho population bus almostquiid
iiiplcd, and our boundaries have boon extended
from tho Mississippi to the Pacific. Dur territory
is cheqttorod over with railroads, and furrowed with
canids. Tho inventive talent of our country is ex
cited to the highest, pitch, and tho numerous appli
cations for patents for valuable improvements dis
tinguish this age and this people from all others.
Tho genius of one American Ims enabled our com
merce to move against wind and tide, and that of
another has annihilated distance in the transmis
sion of intelligence. Tho whole country is full of
enterprise. Our common schools are diffusing in
telligence among the people, and our industry is
fast aocumulating tho comforts and luxuries of life.
This is in part owing to our peculiar position, to our
fertile soil, and comparatively sparse population;
but much of it is also owing to the popular institu
tions under which wo live, to tho freedom which
every man fools to engage in any useful pursuit
according to his taste or inclination, and to the en
tire confidence that his jiorson and property will bo
protected by tho laws. But whatever may be the 1
cause of this unparalleled growth in population, in
telligence, and wealth, one thing is clear, that, the 1
<Jevornm«nt mu»t keep pace with the piogre** »f '
the people. It, must participate in their spirit of
enterprise, and while it exacts obedience to the
laws, and restrains all unauthorized invasions of
the rights of neighboring States, it should foster
and protect homo industry, and lend its powerful
strength to the improvement of such moans of in
tercommunication as are necessary to promote our
internal commerce and strengthen the ties which
bind us together us a people. ijfeig ,- q
It is not strange, however much it may bo regret
ted, that such an exuberance of enterprise should
cause some indviduals to mistake change 'for pro
gress, and tho invasion of tho rights of others for na
tional prowess and glory. Tho former uro con
stantly agitating for some change in tho organic
law, or urging new and untried tiicories of human
rights. The latter are ever ready to engage in any
wild crusade against a neighboring people, regard
less of tho justice of tho enterprise, and without
looking at the fatal consequences to ourselves and
to tho cause of popular government. Such expe
ditions, however, arc often stimulated by mercena
ry individuals, who expect to share the plunderer
profit by the enterprise without exposing themselves
to danger, and are led on by some irresponsible for
eigner, who abuses the hospitality of our own Gov
ernment by seducing the young and ignorant to join
in his scheme of personal ambition or revenge, un
der the false and delusive pretence of extending tho
urea of freedom. These reprehensible aggressions
but retard the true progress of our nation and tar
nish its fair fame. They should, therefore, receive
tho indignagrffc'rowns of every good citizen who sin
cerely country and takes a pride in its
prosperity SWrlionor.
Our Constitution, though not perfect, is doubtless
tho best that over was formed. Therefore let every
proposition to change it bo well weighed, and if
found beneficial, cautiously adopted. Every patri
ot will rejoice to soo its authority so exerted as to
advance the prosperity and honor of tho nation,
whilst he Will watch with jealousy any attempt to
mutilate this charter of our liberties, or pervert its
powers to acts of agression or injustice. Thus shall
conservatism and progress blend their harmonious
aetien in preserving the form and spirit of the Con
stitution, and at tho same time carry forward the
great improvements of the country with a rapidity
and energy which freemen only can display.
In closing this, my last annual communication,
permit me, fellow-citizens, to congratulate you on
the prosperous condition of our beloved country.
Abroad it* relations with all foreign powers are
friendly; its rights are respected, and its high place
in tho family of nations cheerfully recognised. At
homo, wo enjoy an amount of happiness, public and
private, which has probably never fallen to tho lot
of any other people. Besides affording to our cit
izens a degree of prosperity, of which on so large a,
scale I know of nir other instance, our country is
annually affording a refuge and a homo to multi
tudes, altogether without example, from the Old
World.
We owe these blessings, undvr Heaven, teJihe
happy Constitution and Government which vjforof
bequeathed to us by our fathers, and which it is our
sacred duty to transmit in' all their integrity to our
children. We must all consider it a great distinc
tion and privilege to have been chosen by the peo
ple to bear a part in tho administration of such a
Government. Called by an unexpected dispensa
tion to its highest trust, at a season of embarrass
ment and alarm, I entered upon its arduous duties
I with extreme diffidence. I claim only to have dis
l charged them to the best ofan humble ability, with
a single eye to the public good; and it is with do
vout gratitude, in retiring from office, that I leave
I the country in a state of peace and prosperity.
MILLARD FILLMORE.
Washington, December G, 1852.
Liability of Rail Road Companies, Stage and Om
nibus Proprietors, and others engaged in the
Transportation of Persons, for Baggage accom
■ panning Passengers.
Oscar H. Dibble, Pltff. in Error,
vs.
Brown & Harris.
Halls for Pltff.—Poe, Nisbet & Poe for Defts.
i Writ of Error before the Supreme Court, al Deca-
tur, m August last.
Nisbet, J.
' This action was brought to recover the value
of a Trunk and its contents from the Defendants
as Common Carriers. The defondants were pro-
I prietoTs of an Omnibus running from their Hotel
in the city of Macon. The Trunk was placed in
charge ofthe Plaintiff’s son, a youth about four
teen years old, at Columbus, and taken with him
as baggage on Coaches running from that city to
Macon. At Macon he stayed a night at the
Defendant’s house, and passed from thence in
their Omnibus, the next morning, to the Central
Rail Road Dopot. His baggage, including the
lost trunk, was received by the Defendants at
their hotel, and brought out by their servants to
be sent to the depot with him. Upon arriving
at the depot it was found not to be with the bag
gage and was finally lost. Having proven that
the trunk belonged to him and also its loss, and
the facts above stated, the Plantiff offered to
read the testimony of Mrs. Margarrelle Dibble,
i his wife, taken by commission, to prove that she
packed the trunk—what were its contents, and
their value. The defendants objected to the
reading of her testimony upon three grounds :
i First, because the plantiff had not proved that
the trunk had been delivered into the posses
sion of the defendants.
Second, because the articles, contained in the
bill of parcels annexed to the declaration, and
which the evidence was offered to show were
in the trunk, were , merchandise, and not such
articles of necessity and convenience as travel
lers are accustomed to take with them, and for
the loss of which, alone, the defendants are by
law liable.
Third, because the evidence of a party to prove
the contents of a trunk, in an action to charge a
common carrier lor its loss, is admissible only in
case of spoliation being committed on the pro
perty of the plant 1 fl by the carrier, and as no
spoliation was proven to have been committed
i by the defendants, the evidence was inadmissa
i ble. '
ted, and they make the pointsUrcught up tor re
view.
No objection was made to the evidence upon
the score of Mrs. Dibble being the plantifl’* wife |
The Plaintiffin Error, in'.the record, and counsel j
on both sides in the argument, treated the case
as if the plaintiff in the action had himself been
offered to prove the contents of the trunk, and
their value. The general rule is, that a wife is
not a competent witness in a suit where her
husband is a party; for reasons which grow out
of the relation of husband and wife. Her com
petency, in this case, depends upon those prin
ciples which in like cases would make her hus
band, who is the party plantifl' in the action,
himself a witness to make out his cause. We
shall find that bis competency, in just such a case
as this, grows out ofan overruling necessity.
So her’s. Without farther remark upon the char
acter of the witness, as the wife of the plaintiff
than that we considered her as not excepted to,
on the ground of that relation, I proceed to no
tice the three grounds of incompetency taken in
the bill of exceptions, and stated above, as I find
them there stated.
The first is easily disposed of. If there was
no delivery of the trunk to the defendants—if it
is not proven to have come into their possession,
there can be no recovery for the plaintiff. Re
ception of the trunk as baggage, lies at the foun
dation of the plantiffs right of action. Whilst
this is true, I do not see what it has to do with
the competency of Mrs. Dibble. If her testimo
ny is admitted, and no delivery is proven, it goes
for nothing; for in that event it would be the du
ty of the Court to instruct the Jury that the
plantiff could not recover. Indeed, it that is not
proven, no matter what else is proven, the plain
tiff lias not made out his case, and would be non
suited. Again; there is no room for considering
thisquestion. The fact of delivery Is forthejury to
determine, if there is any evidence going to prove
it. There is in the record evidence of delivery.
It is proven that the'defendants were the proprie
tors of the Washington Hall Hotel, where young
Dibble stopped, and that in that character they
received both him and his baggage, including the
trunk; and. it is also proven that they were pro
prietors of the Omnibus whico conveyed him to
the Central Railroad Depot from their door; and
it is larther proven, that the trunk, at the time
j when he entered the Omnibus, was present in
| the hands of one of the servants waiting at their
Hotel; and also, that he, (young Dibble,) inform
; ed the servant that it was to go with him to the
Depot. I will not say that this testimony is
positive demonstration that in their character, as
proprietors of the Omnibus, the trunk came into
their hands: for it is not necessary so to say, but
I will say, that it is evidence going to show that
they received it, and that is all that is necessary
for my purpose. It was quite sufficient to carry
the case to the Jury on the fact of delivery. If
so, we are not at liberty to enquire whether proof
of delivery was first necessary to be made in or
der to the admissibility of Mrs. Dibble’s testi
mony. The proof was made, and that is an end
to this objection.
The third ground ol objection, which I next
notice, because more appropriate to this stage in
the argument, is that the exception upon which
the evidence of the plaintiff is admissible to
prove the contents of a trunk, in an action to
charge a carrier for its loss, extends to cases onZy
where the carrier is proven to have been guilty
of some fraud, or other tortious and unwarranta
ble act of intermeddling with the plaintiff’s
goods, and is then only admissible when there is
no other evidence to prove the damage. In no
case is it admissible, if there is other evidence of
the damage at the command of the plaintiff. If
there is none, then it is true; that the spol
iation being proved, the evidence of the party is
admissible in odium spoliatoris. This rule is fully
illustrated in the case of Herman V. Drinkwa
ter. There a Ship Master received on board of
his vessel a trunk of goods to be carried to an
other port. On the passage he broke open the
trunk, and rilled it of its contents, and in an ac
tion by the owner of the goods, the plaintiff, hav
ing proved uliundc the delivery of the trunk, and
its violation, was held competent to testify to
the contents of the trunk.
[I Greenleaf’s, R 27; Children’s vs. Saxby,
1 Vern. 207 ; 1 Eq. Cas Ab. 229, S. C.; Tait on
Evid. 280; 1 Greenleaf’s Evid. § 318.]
The principle upon which the rule goes, has
been extended to the case of bailors who
have been permitted, in suits brought by them
selves for the contents of trunks lost by the neg
ligence of bailees, to prove their contents.—
(Clark vs. Spence, 10 Watts’ R. 335; Green
leaf’s Evid. § 348.| In such cases, growing out
ot the negligence of bailees, the idea of spolia
tion is excluded. Whilst then it is true, that be
cause ol the abhorence which the law has for acts
of spoliation, the evidence of a party is admissi
ble m his own case ; yet it is true that there are
other cases where upon other grounds a party
may also testify. “ The oath in litem, says Pro
fessor Greenleaf, is admitted in two classes of
cases: First, when it has been already proved
that the party, against whom it is offered, has
been guilty of some fraud, or other tortious and
unwarrantable act of intermeddling with the
complainants goods, and no other evidence can
be bad of the amount oi damages; and, Second,
where on general grounds of public policy it is
deemed essential to the purpose of Justice.”—
[Greenleaf’s Evid. 1 vol. § 348.] Again in
speaking of the admissibility ot a bailor suing
tor the value of goods lost by the (negligence
of the bailee, the same learned writer says,
“ Such evidence is admitted, not solely on the
ground of the just odium entertained both at
Equity and at Law against spoliation; but also
because from the necessity of the case, and the
nature of the subject, no proof can otherwise be
expected, it not being usual even for the most
prudent persons, in such cases, to exhibit the con
tents of their trunks to strangers, or to provide
other evidence of their value. For where the
law can have no force but by the evidence of the
person interested, then the rules of the Common
Law, respecting evidence in general, are presum
ed to be laid aside, or rather the subordinate are
silenced by the most transcendent and universal
rule "that in all ca#s. that evidence is good, than
which the nature of the subject presumes none
better to be attainable.” [Greenleaf’* Evid. 1
vol. § 348.) The necessity of the case, and the
nature of the subjeetjare, therefore, grounds upon
which the evidence of a bailor, who is a party,
may be admitted to prove the contents of a lost
trunk. Upon these grounds, we rule that the
evidence in this case ought to have been admit
ted. This rule received an enlightened exposi
tion in the case before referred to, of Clan; vs.
Spence, 10 Watts, 335. In that case, Judge Ro
gers remarks, “ a party is not competent to tes
tify in his own cause ; but like every other gen
eral rule this has exceptions. Necessity, either
physical or moral, dispenses with the ordinary
rules of evidence. In 12 Vin. 24 pl. 32, it is
laid down that on a trial at Rodnur coram Monta
gue B , against a common carrier, a question
arose about the things in a box, and he declared
. that this was one of those cases where the par-
ty, himself, might be a witness, ex necessitate rei
—for every one did not show what be put in his
box. The same principle is recognised in decis
ions on the statute of Hue and Cry, in England,
where a party robbed, is admitted, ex necessitate
—-That a party then can be admitted, under cer
tain circumstances, to prove the contents of a
box or trunk must be admitted, &c.” I then as
sume upon authority, that the parties’ admissi
bility does not depend upon the fact of spoliation
alone, but that he is admissible to prove the con
tents of a trunk, when no other evidence is at
tainable, upon the ground of a policy, in favorem
justilier, springing out ofthe necessity ofthe
ease, and the nature of the subject. Equally is
the assumption sustainable upon principle; for
as argued by Greenleaf, all subordinate rules ol
ey-Mence are silenced by that universal and tians-
S nt rule, that that evidence, in all cases, is
;han which the nature ot the subject pre
non-e better to be attainable. Justice has her
ities—one of which is, that wrong must be
pr*£pnted even by over-riding rules of evidence,
-Wecriurnfiy, thn'not only salutary but indis
their interest. TT »■ < —
to thisfcase. "t is Dot
pretended that there is any.evidence attainable,
to prove the contents of this trunk, but that of
Mrs. Dibble; she packed it, and she, alone,
knew its contents. The necessity of her ad
mission, then, is found in the fact, if she is ex
cluded, the plaintiff looses his rights. The rea
son of the rule is fortified by a consideration of
the confidence and trust, which the public are
obliged to repose in carriers, and the facility with
which that confidence may be abused. [Lane
vs. Colton, 1 Viner. Abr. 219 ]
The second ground of objection to Mrs. Dib
ble’s testimony, involves a question of some dif
ficulty, and of great practical importance. And
it is this, to wit—how farthe rule, admitting the
evidence of a party, is limited by that kind of
liability which the law has imposed upon Stage
Contractors, Railroad Companies, Omnibus Pro
prietors. and others, who convey passengers, for
the loss of their baggage. The point then re
solves itself into the enquiry— Eor what articles
in a trunk, accompanying a traveller as baggage,
is the carrier liable I The question is mooted in
the books, whether such persons, as regards
baggage accompanying travellers, are liable as
common carriers, or as private persons engaging
to carry for hire. If the former, they are liable
as insurers against loss, except, when occasioned
by the act of God and the public enemies ; and,
if the latter, they are bound only to due and
reasonable skill and dilligence in their under
taking.
It is, however, now well settled that they are
liable for baggage as common carriers. Without
other compensation than the fare for passengers,
they are liable for their baggage as common
carriers are liable for goods delivered to them for
transportation—that is, they are liable for bag
gage, at all events, except when destroyed by
the act ot God, or inevitable accident, and the
public enemies.
[Brooks vs. Pickwick, 4 Bing. 218, 222;
Christie vs. Griggs, 2 Camp. R. 86; Allen vs.
Sewall, 2 Wend. R. 327.341 ; S. C., 6 Wend.,
335; Clark vs. Gray, 6 East. 504; 13 Wend.
611, 627, 628; 9 ibid, 85, 114 tq 119: 19 ibid,
234; 2 Kent’s Com. 600, 601, 4th edition ’; 1
Bell’s Com. 167. 468, 475, Bth edition ; Story on
Bail, 511.]
It remains, however, to enquire what is to be
understood by baggage for which they are thus
liable. And we are not guided in this enquiiy
by adjudications which settle a definite rule
of universal application. From their usual course
of business, when they carry a passenger, a con
tract is implied to carry also his baggage. They
are presumed to be compensated in the fare sot
his transportation, and 1 can very well believe,
well compensated, because the amount of travel
is greatly increased by the comfort and conveni
ence of carrying baggage, and would be lessened
if for his baggage a passenger was required to
pay freight. It is curious to remark, as I do tn
passant, that the law takes more care of a man’s
baggage than it does of his life and limbs ; for
the former, the carrier is liable as insurer against
loss, except by the act of God and the public
enemies ; for the safety of the latter, he is bound
. r-niv to extraordinary care an<l diligence. But
loreturn—to what filTOlfe "iiuuei the deiifflfflns*
i tion of baggage does this implied contract ex
. tend ?
i Judge Story informs us that “by baggage we
; are to understand such articles of necessity, or
personal convenience as are usually carried by
passengers for their personal use. and not mer
chandise or other valuables, although carried in
the trunks of passengers, which are not designed
for any such use but for other purposes, such as
a sale, and the like.” [Story on Bail^§499.]
In Orange county, Bank vs. Brown, Judge
Nelson says, “a reasonable amount of baggage,
by custom or the courtesy of the carrier, is con
sidered as included in the fare for the person;
but Courts ought not to permit this gratuity or
custom to be abused, and under pretence of bag
gage to include articles not within the sense or
meaningofthe term, or within the object or in
tent of the indulgence of the carrier, and thereby
defraud him of his just compensation, and sub
ject him to unknown and illimitable hazards.”
[9 Wend. 115, 116.]
I In Hawkins vs. Hoffman, Bronson, J. says,
“an agreement to carry ordinary baggage may
well be implied from the usual course of business;
but the implication cannot be extended a single
i step beyond such things as the traveller usually
’ has with him as part of his baggage. It is doubt
less difficult to define with accuracy what shall
be deemed baggage, within the mie of the Car-
1 riers liability. Ido not intend to say that the
articles must be such as every man deems essen-
1 tial to his comfort, for some men may cairy
nothing or very little with them when they
! travel, whilst others consult their convenience
by carrying many things. Nor do I mean to
say that the rule is confined to wearing apparel,
brushes, razors, writing aparatus and the like,
which most persons deem indispensable. If one
1 has books for his instruction or amusement by
the way, or carries his gun and fishing tackle,
they would undoubtedly fall within the term
baggage, because they are usually carried as such.
This is, I think, a good test for determining
what things fall within the rnle.” [6. Hill, N.
Y. R. 589, 590.1
It has been decided that under the term bag
gage, merchandise, such as silks, and other fine
articles, are not embraced; [25 Wend. 458 ] Nor
large sums of money ;[9 Wend. 85. j Nor sam
ples of merchandise ; [6 Hill’s N. Y. R. 586 ]
A watch is embraced, according to the Ohio
Courts; [lO Ohio R. 145.] So far as these rul
ings go the doctrine may be considered as settled,
and it must be considered as settled in all cases
falling within the reason of those rulings.—
When, however, all this is done the subject is
disencumbered of but little of the difficulty which
environs it Nor does the text ot Story, or the
opinions of Judges Nelson and Bronson relieve
it of embarrassment.—When we settle down
with Judge Story upon the proposition, that by
baggage is to be understood -‘such articles of ne
cessity or personal convenience as are usually
carried by passengers for their personal use,” we
are still without a rule for determining what ar
ticles are included in baggage- For such things
as wotild be necessary i»oue man, would not be
necessary to another—articles which would be
held but ordinary conveniences by A., might be
considered incumbrances by B. One man, from
choice, or habit, or from educational incapacity
to appreciate the comforts or conveniences of
life, needs, perhaps, a portmanteau, a change of
linen and an indifferent razor; whilst another,
from habit, position and education, is unhappy
without all the appliances of comfo r t which sur
round him at home. The quantity and charac
ter of baggage must depend very much upon the
condition in life of the traveller—his calling—his
habits—his tastes—the length or shortness of his
journey, and whether he travels alone or with
a family. If we agree farther with Judge Story,
and say that the articles of necessity or of con
venience must be such as are usually carried by
travellers for their personal use, we are still at
fault, because there is in no State of this Union,
nor in any part of any one State, any settled
usage as to the baggage which travellers carry
with them fortheir personal use. The quantity
and character of baggage found to accompany
passengers are as various as are the countenances
of the travellers. The negative part ol Judge
Story’s definition, with more precision furnishes
a rule protanto. Baggage, he says, does not em
brace merchandise, or other valuables not de
signed for personal use: but which are designed
for other purnoses, such as a sale or the like.
We may safely say that it does not embrace mer
chandise or other articles which are intended to
be sold. But it is not to be understood, I appre
hend, that no article is embraced which may be
classed with merchandize, or which is a valuable
other than such as is usual for personal use. Re
gard must be hud to the quantity and value of
the articles. A trunk of laces, for example, al
though light and small in bulk, clearly is exclu
ded. Their value would exclude them. The
risk imposed upon the carrier is not that con
templated in the implied contract to carry Z>ag
g«gr and to be responsible for it. The liability
in such a case would be wholly disproportioned
to the compensation which he is presumed to
derive from the fare of passengers. Besides, it
is a fraud upon him to subject him to so great a
hazard without warning him of its existence.
As to extra baggage, the proprietors of Railroads,
Steamboats, Coaches, Omnibuses, &c., engaged
in the business of carrying passengers, have the
right to stipulate for compensation. So also in
regard to goods and baggage which do not ac
company the traveller or his agent; and if they
hold themselves out to the public as persons ex-
ercising a public employment, and as being ready
to carry goods for hire for persons in general, a*
to such goods and extra baggage they are com
mon carriers, that is, they are liable for loss, ex
cept where caused by the Ret of God and the
public enemy.
[Lovett vs. Hobbs, 2 Show, R. 128; 1 Salk
252; 2 Pick. 50; 2 Wend, 327; s. C. 6 Wend.
335; 9 Ibid. 85; 11 Pick. 45; Story on Bail,
§500; 7 New Hampshire R. 137.]
So all articles of a value disproportioned to the
compensation received in the fare of the passen- •
ger, and which must, on that account, subject the
carrier to unreasonable hazard; and which are
not presumed to be needed for personal use, either
as a necessary or a convenience, I would suppose
are in like manner excluded. At the same time
I must say that the obligation of the carrier
which is incidental to and implied from his con
tract to carry persons for hire, as to baggage i*
not limited absolutely to wearing apparel and
other appliances of necessity, comfort or conveni
ence, suitable to the tondition of each traveller,
but may embrace other articles of limited value
and ordinary bulk which he may think proper to
take with him. If, however, it is apparent from
all the circumstances—from the amount, nature,
bulk and value of these artii les—that they are
such as, according to the usual course of business'
are transported as freight, or it it is manifest that
they are intended for sale, then they are not to
be viewed in the light of baggage. It is certain
ly right too, that usuage however indeterminate,
should be considered in ascertaining what is bag
gage. This must be the usuage of the lime and
of the carrier and his patrons. Nothing subject
to the limitations before stated, should be exclu
ded which have been usually considered in prac
tice as baggage. These remarks are made, not
as containing the judgement of the Court, which
prescribe them as rules, but as my own obiter dic
ta. Among other things, they are intended to
demonstrate the utter impossibility of laying
down any rule which can govern every case.
And it is our judgement that no such rules can
be prescribed, but that each case must be controll- .
ed under the gene al principles which apply to' '
the class, by the facts and circumstances which j
belong to it. The application of those princi- “
pies to each case being the duty of the Court,
and the finding of the facts being the duty of
Jury. Under these views we admit
ih'iu i ot Mrs Dibble, to the
. m.t.mls ol i :ie ti link
p.iilir I u- <,■»■.•.oi 1
9 l.'T. - I ll.l'. <• UjdiSM .
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1 1 .- .1 ' , , ... '
’ DAiA I .r
i'ffl n—. jmS , •
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Im,. ll.like- l' l.rCcsMll v!o <!
Comt I .dial out the evi-h-nev braßM rfq.
the trunk and its contents “were sui gmMMI
not within the rule.” Now, although the
tents of the trunk are various, yet some of
are such articles as the defendants are bound
make good, and therefore it was error not to
mit them to be proved. It is not good law
hold that a passenger cannot recover for loss
baggage, for which defendants are liable, because ■
he had also in his trunk articles for which they ■
are not liable. The evidence must go to the Ju-B
ry, and the extent ofthe recovery must be left
: with them under the instructions of tho Court.
, Let the judgement be reversed.
i
[jMjgru/MeiZ for the Baltimore Sun.]
We Webster Obsequies in Boston.
Boston. Nov. 30.—The funeral ceremonies in
honor of the late Daniel Webster took place to
day, and constituted the most splendid and im
posing pageant ever witnessed in this city. Bu
siness was entirely suspended, and almost all
the public and private buildings throughout the
line of the procesrion and elsewhere were draped
in mourning. All the public offices were closed
and decorated with festoons of crape. The ho
tels, newspaper offices, &e., were also gorgeous
ly decorated with appropriate emblems of grief.
Flags were everywhere suspended at half mast,
and minute guns fired. Vast numbers of stran
gers were in attendance from all quarters,amount
ing in the aggregate probably to 40,000 persons.
The delegations from Salem,Cambridge,Charles
town, Worchester, Roxbury and other adjacent
cities were very large and imjiosing.
The Legislature of New Hampshire, accom
panied by Gen. Pierce, arrived early this morn
ing and weie escorted to the State House.
Gen. John S. Taylor acted as Chief Marshal.
The procession commenced moving at 11 o’clock,
and proceeded through a large number of streets
to Faneuil Hall. It was of immense extent—
every association and society in the city, as well
as many from elsewhere, being represented.—
The Mayor and Council, Gov. Boutwell and
suite, together with the Legislature and Council
of New Hampshire, the Judges of the different
Courts and the members ot the Bar, Military,
Firemen, &c.. were in the line of the procession.
The escort to the funeral car—which was mag
nificently decorated —was under the command
of Brig. Gen. Sam). Andrews. Faneuil Hal)
was most tastefully and appropriately decorated.
The interior was lined with black cloth, extend
ing over the whole length and breadth of the
building. The drapery overethe ceiling was
fastened at the centre piece with a silver star.—
Healy’s magnificent painting of Webster occupied
a prominent place, on each side of which was
placed portraits of Washington and Faneuil, the
JtMioc of tbe Mall. Over the wlvde
the bei*ris of many gas lights,
ensemble beautiful beyond description.
When the funeral cortege had entered the
Hall, the celebrated Germania orchestra played
with magnificent effect Handel’s celebrated
Dead March,” from the oratorio of “ Saul,” af
ter which an impressive prayer was delivered
by the Rev. Saul K. Lothorop. A funeral an
them was then chaunted by the Handel and
Hayden Society, the words of which were adapt
ed to the occasion by the Hon George Lunt.—
The Hon. George S. Hilliard, orator of the day ;
then arose and pronounced a most chaste and
eloquent eulogy upon the life, virtues and public
services of the illustrious deceased, which was
listened to with breathless attention and evident
emotion by the largest audience ever assembled
within the walls of Faneuil Hall, a very large
proportion of whom were ladies. Upon the con
clusion of this most affecting address, the vast
audience were dismissed witi. •> benediction.
The pageant, in all its detaio, was most ap-
propriate and magnificent, and reflected infinite
‘> credit upon the committee ot arrangements.
' A large sized bust of Webster, which was
’ placed in an alcove in the front gallery, was re- •
’ garded as a model of good taste and produced a
' most admirable effect.
? Hon. Edward Everett, Secretary of State,and
other eminent men who were invited, were un-
‘ able to attend, owing to the pressure of public
5 business.
Hon. Franklin Pierce, President elect, at
’ tracted much attention, and seemed deeply af
' fected by the solemnity of the occasion.
: The majority of the strangers who were in at
’ tendance left for their respective homes this eve
’ rung, but our hotels are still crowded with those
’ who remain.
. . The Democratic Festivities at Washington.
, Washington, Dec. Ist.
i The Democratic Festivities last night were
kept up until a late hour. The principal speak
; ers were Mayor Maurey, Senators Douglass,Wel
ler and Brodhead ; Gen. Lane, Dr. Olds, Judge
Brocchus, and others. Douglass made one of his
best speeches and was warmly applauded. He
> congratulated his fiends on the result of the elec- j
r tion, and the harmony which prevailed.
was sure every Democrat felt proud of the
ing of their candidate before and since the -
> tion. It promised well for his
They had friends to reward and enemies
ish, yet he would make removals in a
justice and moderation with a view to
good. Upon our foreign policy he
length. He would like to see a decree
i tii.it no European power was either to foijAl - .
new Colony or extend an old
American Continent. ,r jw
war al out it. Emd.ind
■ ’'' 1 ,:i ■'■ p, sij''
V ■ : A J ’
"rij " r * < - „
eV-C-' ‘-J1 ■’ '?'?/.-'S 'i
S ■>
.1 .ii by ass. rtmg and niamtaimm , , , f
apply lor annexation, she ought
file same persons thought that
should be willing to sell Cuba to any ■ Ab
el on earth than the United State, we
take he: any how. If that was
would find a good many fillibusters in the
cratic ranks. >7;
Gen. Lane followed, and said that
would have electoral votes to give in 1856,
he pledged the State to the Democracy.
Wr. Weller said he would take one step in
vance of the Monroe doctrine; that whenever a 1
nation on this Continent was struggling for Re
publican liberty and showed the ability to main
tain it, he would secure it to them, not only by
moral, but by'physical aid, As to removals from
office, if he were President he would cut off the
heads of all at once. He would not have this
constant squealing amsng office holders.
Letters were read from the Hon. James Bu
chanan and Hon. Daniel S. Dickinson.
The toasts were numerous and of a highly pro.
gressive character.
Portland, Dec. 1.
Vote of Maine, — The Electors met to-day and
cast 8 votes for Pierce and King. J. C. Talbot
of Machias was apjiointed Messenger to Wash- ■
ington.
Concord Dec. 1.
Meeting of the Electors of New Hampshire.—
The Electoral College of this State met to-day,
and cast five votes for Pierce and King. John
H. George was appointed messenger to Wash
ington.
Harrisuvrg, Dec. 1.
Vote of Pennsylvania.— The Electoral College
was in session all this afternoon and cast 27
votes for Pierce and King. Mr. Dowell of Cam
bria, one of the Electors, was absent and Mr.
O’Neil was appointed in his Gen. Pat
terson was appointed Messenger to Washington.
The College will meet again to-morrow.
Albany, Dee Ist.
Vote of New York.— The electors met to-day
and cast thirty-five votes for Pierce and King.
Jas. H. Sperrill was appointed Messenger to
Washington.