Newspaper Page Text
jj v Joseph Clisby.
fmm TELEG1UPH
. pc KI.ISHKD KVK1IV
f VKsnAY MORNING.
^ TKKMS:
Jo dollars, in anvasce.
L 50 in every case where the subscription
1 out of the Office.
jsident s Message.
Lif-eni of Oit Senate
'ami House of Representative*:
men we compare the condition of tho coun-
Jar with wliat il w «-, onc
fUo. it the meeting of Congrcaa. we have
L ri-a«on for gratitude to that Almighty
tiJeuce, which has never failed to iuter-
Vfor our relief, at the most critical periods
Lr history. One year ago, tho sectional
fbetween tho North and the south on the
rrrous subject of slavery, had again bo
Uo intense as to threaten tho peace and
Ami,,-of the confederacy. The applica-
Iflr the admission of Kansas us a State m-
Ll'nion, fostered this unhappy agitation,
* UR bt the whole subject once more be-
IConp***’ It was the desire of every
1 i that such measures of legislation might
te d, as would remove the excitement
l dieStatr*' sad confine it to tho Territo-
Lera it legitimately belonged. Much has
idane Ism happy *o 8 “y< towards the
Ljiduaent of this object, during tho last
” i of Congress.
Supreme Court of tho United States
i previously decided, that all American cit-
[,h»ve an equal right to take into tho Ter-
L,., irhstcver is lield as property under
flaws of any of the States, and to hold such
1 frfy there under the guardianship of the
ral constitution, so long as the territorial
liliou shall remain.
hi» is now a wcli-established position, and
proceedings of the last session were alone
Itiug to give it practical effect. The prin-
iha* been recognised, in some form or
| r< by an almost unanimous vote of both
les of Congress, that a Territory has a
It to come into the Union either as a free
I slave State, according to the will of a
frity of‘1=* people. The just equality of
*he Slates has thus been vindicated, and
source of dangerous dissension a-
rttan has been removed,
hilst such lias been the beneficial tenden-
fyour legislative proceedings outside of
us, their iuflnence has nowhere been so
fcy as within that Territory itself. Left to
lags and control its own affairs in its own
f, a itliout the pressure of cxternalinfluence,
■.'evolutionary Topeka organization and all
pance to the territorial government estab-
I by Congress, have been finally aban-
1; As a natural consequence, that fine
|riiory now appears to be tranquil and pros-
i, and is attracting increasing thousands
nigrauts to make it their happy home.
f .e put unfortunate experience of Kansas
[, uforeed the lesson so otten already taught,
S resistance to lawful authority, under our
tu of Government, cannot fail in the end
trove disastrous to its authors. Had the
be of the Territory yielded obedience to
I'lavs enacted by thei .■ legislature, it would
Ihr present uoment hare contained a large
Hitioaal population of industrious anil enter-
citizens. who have been deterred from
Lung its borjers by the existence of civil
Ife sail organized rebellion.
It was lie resistance to rightful authority
ft the perseu-ring attempts to establish a
■olutionary government under the Topeka
Istitution, which caused the people of Kan-
[ to commit the grave error of refusing to
e for delegates to the convention to frame
ka-titution, under a law not denied to be
j and just in its provisions. This refusal
ote has been the prolific source of all the
i which have followed. In their hostility
|tLe terrriforial government, they diaregar-
p the principle, absolutely essential to the
rkiog of our form of government, that a
jority of those who vote—not the majority
omiy remain at home, from whatever cause
nut decide the result of an election. For
kraiME. seeking to take advantage of their
i error, they denied the authority of the
— on thus elected to frame n constitu
te convention, notwithstanding, proceo-
S t a constitution unexceptionable in its
features, aud providing for tho Sah
ara of the slavery question to a rote of
pafie. which, in my opinion, they were
ml to do, under the Kansas and Nebraska
. This was the all-important question
idi bad alone convulsed the Territory;
d yet tho opponents of the lawful govern-
at, persisting in this first error, refrained
Battening their right to vote, and pre-
wd tUt slavery ahould continue, rather
■ surrender their revolutionary Topeka or-
A wiser and better spirit seemed to prevail
totbe first Monday of Janaary last, when
flection was held under the constitution.
BVrity of the people then voted foragov-
■T sad other State officers, for a member of
tC'", and members of the State Uegisla
This election was warmly contested by
•two political parties in Kansas, and a great-
>«e wjj polled than at any previous clec-
®- A large majority of the members of the
r sl»tare elect belonged to that party which
jwtiously refused to vote. The anti-sla-
7 party were thus placed in the ascendant,
d the political power of the State was in
'ir own hands. Had Congress admitted
** into the Uniou under the Lccompton
titution, the legislature might, at its very
session, have submitted the question to a
t of the people, whether they woold or
"id not have a convention to amend their
titution either on the slavery or any other
tion, and have adopted all necessary means
giving speedy effect to the will of the ma-
*T; Thus the Kansas question would have
^immediately and finally settled.
I'sder these circumstances, I submitted to
■pets the constitution thus framed, with all
"ftetrs already elected necessary to put
7*te government into operation, accorn-
njcdVr i s t r ong recommendation in favor
L " vlzuuion of Kansas as a State, In the
of my long public life I have never per-
**y official act which, in the retrospect,
i: 'Jrd me more heartfelt satisfaction,
audition could have inflicted no possible
■*# any human being, whilst it would,
a brief period, have restored peace to
1 »»d harmony to the Union. In that
’he slavery question would ere this
■ been finally settled, according to the 1c-
•ftpressed trill of a majority of the vo-
»nJ popular sovereignty would thus have
’indicated j n a conatitutional manner.
;l “ ®y deep convictions of duty, I could
Pnnued do other course. It is true, that,
« mdividmi, i had expressed an opinion,
•ure and during the session of the con-
ia faror of submitting tiro remaining
pf the constitution, as well as thatcon-
- ““very, to tho people. Hut, actiug
" character, neither myself nor any
authority had the power torejuJge the
'agiof the convention, and declare the
ton wliich it had framed to be a uul-
have done this would liavo been a
j' 8 °f the Kansas aud Nebraska act,
the people of the Territory “perfect-
. w form anil regulate their domestic in-
5?J their own way. subject only to tho
of the United States." It would
violated the great principle of
•O'creignty, at the foundation of our
iftij®*’*° deprive the people of the pow-
i£j-Jthought proper to exercise it. of
[Zi* ^.delegates elected by tlicmselvcs
ihmik. a constitution, witliout re-
trMiw m *° ,u bj*cb their constituents to
expense, and delay of a second
„ .It would have been in opposition to
^procedeutq in our history, commencing
a n?r*^ *** °I ’* 1C republic, of the ad-
01 t erritories as States into the CaiM^
MACON, DECEMBER
It is to bs lamented tbit a question so insignificant
when viewed in iU practical effects on tha people of
Kansas, whether decided one way or the other, should
have kindled such a flame of eicitetnp.it throughout
the country. This reflection may prove to be a MMjoa
of wisdom and of warning for our lutura g i dance..
Practioally oouaideted, the question is simply whether
the people of that Territory should first come into tho
Union and then change any provision in their censlitu-
tion not sgveeublo t< themselves, or accomplish the very
same object by r« mining out of the Union and frvming
another constitution in accordance with their will ? In
either ease, the rtstlt would be precisely the same.—
The only difference in point of fact is, that the object
would have been much sooner attained, and the pacifi
cation of Kansas mere speedily effected, bad it been ad'
mitted as a State daring tbe last sc sic n of Congress.
My recommendation, nowerer, for the immediate ad-
miss'on of Kansas, failed to meet the approbation of
Congress. They deemed it wiser to adopt a difierent
measure for the settlement of the question. For my
own part, I should lrnve been willing to yield my as-
s»t to almost any omsli rational measure to accomplish
this object. I, therefore, cordially acquiesced in what
has been called thoXugUah Compromise, and approved
the "Act for the admission ofthe State of Kansas into
the Union” upoo the terms therein prescribed.
Under the ordinance which accompanied the Lecomp-
ton constitution, the people of Kansas had claimed
doable the qnantitr of public lands for tbe support of
common schools, wl ich bad ever been previously grant
ed to any State upon entering the Union; and also the
alternate eectiona of land for twelve miles on each side
of two railroads; proposed to be constructed from the
northern to the southern boundary, and from the east
ern to the western boundary of the State. Congress,
deeming these eieins unreasonable, provided, by tbe
set of May 4, ISM, to which I have just referred, for the
admission ol the Slate on an equal footing with the
original Slates, bat " opon the fundamental condition
precedent” ibat a majority of the people thereof, at an
election to bo held :'or that purpose, should, in place of
the very large grants of public lends which they had
demanded under tbe ordinance, accept each grants as
bed been made to Uinnetsola, end other new States.
Under this act, should a majority reject tho propoei-
tion offered them, “ it shall be deemed and held that
the people of Kansu do not desire admission into the
Union will, said uenstitnlien under the condition set
forth in said proposition.” Jn that event, tbe act au
thorizes tbe people of the Territory to elect delegates to
form a constitution and State government for them
selves, " whenever, end not before, it is ascertained by
a census, duly and legally taken, that the population of
said Territory equals or expends the ratio of i sprssenta-
tion required for a member of the House of Itepr.eota-
tivesof the Congress of the United States.” The dele
gates thus assembled " shall first determine by a vote
whether it is the wish of tbe people of the proposed
State to be admitted into the Union at that time, and,
if ao, shall proceed to form a constitution, and take ell
nea.ary ate pa for the establishment of estate govern
ment in conformity with tbe federal constitution.”
After thia constitution tball hare been formed, Con-
greee, carrying oat the principle* of popular sovereign
ty end noD-intcrreoliou, hare left "the mode and man
ner of its approval or ratification by tbe people of the
proposed State” to be "prescribed'by lew,” end they
"stall then be admitted into the Union as a State un
der inch Constitution thus Curly and legally made,
with or without slavery, as such constitution may pre
scribe.”
An election was held throughout Kansas, in pursu
ance of the provision of this act, oo the second day of
August last, and it resulted in tbe rejection, by e large
majority, of the proposition submitted to the people by
Uoogross. This being the case they are now authorized
to form another constitution, preparatory to admieaioo
into tbe Union, bat oot until their number, as ascer
tained by a census, shall equal or exceed the ratio re
quired to elect a member to tbe House of Represents-
lives.
It it not probable in tbe present state of the case,
that a third constitution can be lawfully framed and
presented to Congress by Kansas, before its population
shall have reached the designated number, nor is it
to be presumed that, after their sad experience in re
sisting tbe territorial laws, they will attempt to adopt
a constitution in express violation ol tbe provisions ot
an act of Congress. During tho session of 18M, much
of the time of Coogross was occupied on tbe question
ot admitting Kansas under the Topeka constitution.—
Again, Dearly the whole of the last session was devoted
to the question of its admission under tho lccompton
constitution. Surely it is not unreasonable to require
the r*eop)e of Kansas to wait, before making a third at
tempt, until the number of their inhabitant* stall
amount to ninety-three thousand four hundred and
twenty. Daring this brief period the harmony of *he
States, ss well as the great business interests of tbe
country, demand that the people of the Union shall not
for e third time be convulsed by another agitation on
the Kansas question. By waiting for a short time, and
acting in obedience to lew, Kansas will glide into tbe
Union without the slightest impediment.
This excellent provision, which Congress tare ap
plied to Kanias, ought to be extended ana rendered ap
plicable to all Territories which may hereafter seek ad
mission into tha Union.
Whilst Congress possess tbe undoubted power of
admitting* new State into the Union, however email
may be the number of inhabitants,yet this power ought
not, in my opinioa, to be exercised before the popula
tion stall amount to the ratio reqoired by tbe act for
the admission ot Kansas. Had this been previoush
the rale, the oountry would hare escaped all the evil
and misfortunes to which It tas been exposed by the
Kaneaa question.
Of course it would be unjust to give this rale a retro
spective application, and exclude s State watch, acting
upon the peat practice of the government, has already
formed its constitution, electedits legislature and other
officers, and is now prepared to enter the Union.
Tbe rale ought to be adopted, whether we consider
its bearing on tbe people or tbe Territories or upon the
people of the existing States. Many of tbe serious dis
sensions which have prevailed in Congress and through
out the country, would have been avoided, bad this
ral* been established at an earlier period of the govern
Immediately upon tbe formation of a new Territory,
people from different States end from foreign countries
rush into it, for tbe laudable purpose of improving their
condition. Their first doty to themselves is to open
end cnltiTite farms, to construct roads, to establish
schools, to erect places of religions worship, and to de
vote their energies generally to reclaim tbe wilderness
and to lev the foundations of a flourishing and prospe
rous commonwealth. If, in this incipient condition,
with a population of a few thousand, they should pre
maturely enter tbe Union, they are oppressed by the
burden of State taxation, end tbe means necessary for
the improvement of the Territory and the advancement
of their own interests, are tbns diverted to very differ-
The federal government has ever been a liberal pa
rent to the Territories, and s generous contributor to
the useful enterprises ofthe early setllere. It has paid
tbe expense* of their governments and legislative as
semblies oat ofthe common treasury, end thus relieved
them from a heavy ebarge, Under these circumstan
ce!, nothing can be better calculated to retard their
material progress, than to divert them from their use
ful employments, by prematurely exciting angry po
litical contests among themselves, for tbe benefit of as
piring leaders. It i* surely no hardship for embryo
governors, senators, and members of Congress, to wail
until the number ol inhabitants shall equal tbo*» of a
single congressional district. They snrely ought not
to bo pennilled to rush into tho Union, with a popula
tion less than one-bairot several of the large counties
in the interior of some ol tbe Slates. This was the coo-
dilion of Kansas when it made application to be admit
ted under the Topeka constitution. Betides, it requires
some time to render the mass of a population collected
in e new Territory, *t all homogeneoa*, *nd to uml*
them on anything like a fixed policy. Establish ths
rale, end sell will lock forward to it and govern them-
ap|rsj aeoordimrlr.
But justice to the people of the several Slates requires
that this rule should be established by Congress —
Each State is entitled to two senators and at ><«st one
epresemativ* in Congress. Should the people of the
the road by felliog trees, and destroying the fords of
rivers, Ac., Ac., Ac.
These orders wire promptly and effectually obeyed.
On tbe 4tb October, 1857, the Mormons captured and
burned ,,n Green River, three of our supply trains,
cu:- -usting of seventy-five wagons loaded with provi
rions and tents for the army, sad drove away several
hundred animals. This diminished tbe supply of pro
visions so materially that General J obr>:oD was oblig
ed te reduce tbe ration, and even with this precaution,
there was only sufficient left to subsist the troops until
the first of Jane.
Oar little army behaved admirably in their encamp
ment at Fort Bridger, under these trying privations.
In the midst ofthe monntaias, in a dreary, unsettled,
and inhospitable region, more than a thousand miles
from home, they passed the severe and Inclement win
ter without a murmur. They looked forward with con
fidence for relief from their countiy in dne season, and
in this they were not disappointed.
The Secretary of War employed all hi* energies to
forward them the necessary supplies, and to master
and send such a military force to Utah is would ren
der resistance on the part of the Mormons hopeless
and thns terminate the war without the effu-ton of
blood. In bis efforts he was efficiently sustained by
Congress. They granted appropriations sufficient to
eovar the deficiency that necessarily created, and also
provided for raising two regiments of volunteers, "for
thepurpoM ot quelling disturbances in the Territory
of Utah, for the protection of supply and emigrant
trains, aud the suppression of Indian hostilities oo the
frontiers.” Uspptly, there was no occasion to call
these regiments into service. If there had been, I
should bare felt serious embarrassment in selecting
them, ao great was the number of our brave and patri
otic citixeoa anxious to serve their csuutir in this dis
tant and apparently dangerous expedition. Thus it
has ever been, and thns it may ever he I
The wisdom and economy of sending sufficient rein
forcements to Utah are established not only by tbe
event, but in the opinion of those who, from their po
si lion and opportunities, are the most capable pi form
ing a correct judgment. General Johnston, the com
mander of the forces, in addressiog the Secretary of
Wur from Fort Bridger, under date of October 18,1857,
expresses the opinion that "unless a large force is sent
here, from the nature ofthe country, protracted war on
their (the Mormon*) patt is inevitable.” This he con
sidered necessary, to terminate the war "speedily and
more economically than if attempted by insufficient
representative in uungnrss. n«w« i—r-—---
States foil to elect a Vice President, tho power devolres
upon the Senate to select this officer from the two
highest candidates oo the list. In case or the dreth of
the President, the Vice President thus elected by the
Senate, becomes President of tno United kfoto*- On
vote of the people apiirov-
the ratification of treaties, and of Executive a,>pmnt-
menta. All this hss worked admirably in procure,
whifot it conforms inprindpU with the chirocterof a
government instituted by sovereign States. I presume
no American citizen would desire the slightest change
in tbe arrangement. Still, is it net unjust and unequal
to tbe existing States lo invest some forty or h.ty tbon-
aand people collected in a Territory with the attnbotre
of sovereignty, and ptare them on an equal footing with
Virginia and New'York in the Senate of the United
Sl For these reasons, I earnestly recommend the pass,
age of a general act, which shall provide that upon the
application of a territorial legislature, declaring their
belief that the Territory contains a number ortnbaot-
tanti* which, if in a State, would entitle them to elect
a member ofCoQgia^ it ahull be the duty of the Prc?i*
dent to cause a census of the inhaDitants to he talren,
and if found suflident, then bv the terms of this act to
authorize them to proceed “in theirown w*y t<> frame
a State constitution preparatory to admission into toe
Union* I also nooanCDd that an appropriation may
be made, to enable the President to take a census of the
people of Kansas.
The present condition of the Territory of Vfab, hen
contrasted with what it was one year ago, is a subject
for conirrmlnlation. It was then in a state of open re-
hellionf ar.d, cost what it might, tbe character of the
curernmeet required, that thia rebellion should be sup-
pressed and the .Mormons compelled to yield obedience
ir> the constitution and the laws. In order to accom
plish this object, as I informed you m ay last annual
message, I apin.inted a new ^oremor instead of ling-
ham You op, and other federal ollicera to take the place
of those who, consulting their personal sutety, had
found it mccsaary to withdraw from the Terntorr.—
To protect these ciril officers, and to aid them, aa a
jkw comitotu*. in the execution of tbe Jaws in case ot
need I ordered a detachment of the army to accompany
them to Uub. 1 he necessity for adopting ihesc mess
urea is now demonstrated.
On the 15th September, 1>57, Gocernor ^ oune ia-
Mod his proctomatfoo, in the ntyle of an independent
sovereign, announcing hn purpoii lo re»,»t by force ot
arms the entry of the United -Mates troops into our
own Terrilor/of Utah. Hr this he required ,11 the
loress to the Territory, to "hold themselvee in reudi-
ne.-> to march at a moment's notice to repel eny ,r.i. til
such fat various,- mid established martini fowftoss Bs
dote throi'girotit the Territory. These proved to bo no
fdle threat* Foru Bridger and Supply were vac., ed
und burnt down by the Mormons, to depnve our troops
( ,f o .heller after their long ,nd tangoing ™ krc h. It-
der, were issued by Daniel 11. W ells, .n lmg himself
•I ieutenant (Jenernl, Nauvoo troops on their march,
toil'lfireU their trains, to burn the grao, ,nd the
whole country before them und on thetr flseks, to keep
them from •leepingby eight ,urpri*e*. snd to blockade
Jn the mean time, it was my anxious desire that the
Mormons should yield obedience to the ooaslitulioo sod
the lews, without rendering it neceusry to resort to
military fore*. To aid in accomplishing this object, 1
deemed it advisable in April last, to dtsjialch two dis
tinguished citizen* ol the United State*. Messrs. Pow
ell and McCulloch, to Utah. They bore with them a
proclamation addressed by mysell to the inbsbitants of
Utah, dated on the sixth day of that month, warning
thorn of their true condition, and how hopeless it was
on their part to persist in rebellion against the United
States, and offering all those who should submit to the
laws a full panton for their past seditions aud treasons.
At tbe same time, I assured those who should persist
in rebellion against the United States, that they must
expect no further lenitr, but look to be rigorously dealt
with according to their deserts, Tbe instructions to
these agents, a* well as e copy of the proclamation, and
their reports, are herewith submitted. It will be seen
by their report ofthe 3d of July last, that they have
fully confirmed the opinion expressed by General John
ston in the previous October, ae to the necessity ot
sending reinforcements to Utah. Io this they state,
that they “are firmly impressed with the belief that tbe
presence of the army here and tbe large additional
force that bad bees ordered to this Territory, wore the
chief inducumeoU that caused the Mormons to aban
don tbe idea of resisting the authority of the United
States. A leas decisive policy would probably have
resulted in a long, bloody, aud expensive war.”
, These gentlemen conducted themselves to my {entire
satisfaction, and rendered useful services in executing
tbe humane intentions of the government.
It also affords me great satisfaction to atatc, that
Governor Cummioghas performed bis doty In an able
and conciliatory manner, and with the happiest effect.
I cannot, in this connexion, refrain from mentioning
the valuable services of Col. Thomas 1,. Kane, who,
from motives of pore benevolence, end without nay of
ficial character or pecuniary compensation, visited U-
tah daring the last inclement winter, for the purpose
of contributing to tbe pacification ofthe Territory.
1 am happy to inform you, that the governor and
other civd officers of Utah, arc now performing their
appropriate functions without resistance. Tbe autoer-
ity ol the constitution and the laws has been fully res
tored, and pesce prevails throughout tho Territory.
A portion of the troops sent to Utah are now en
camped io Cedar valley, forty-four miles southwest of
Salt Lake City ; and the remainder bare been ordered
to Oregon to rupprest Indian hostilities.
The march or the army to Salt Jake City, through
the Indian Territory, has bad a powerful effect in res
training the hostile feelings against the United States,
which existed among the Indians io that region, and
in securing emegrentt to tbe Far West against their
depredations. This will also bethe means of establish
ing military posts and promoting settlement* along
tbe route.
I recommend that ths benefits of snr land laws and
pre-emption system be extended to tbe people of Utah,
bythe establishment of a fond office in that Territory.
I here occasion, also, to congratulate you on the re
suit of our negotiations with China.
You were reformed by my last annual message,
that our minister bad been instructed to occcnpy a neu
tral position in the hostilities conducted by Great Brit-
**• s»n J Pr—wk tagraBB* OSD VOO. HO HI*,’TlOYCBYCr, ft(
the same lime, directed to oo operate cordially with the
British and French ministers, re all peaceful- measures
to secure by treaty those just concessions to foreign
commerce, which the nations of the world had a right
to demand. It was impossible for me to proceed fur
ther than this, on my own authority, without usurping
the war making power, which under the constitution,
belongs exclusively to Congress.
Besides after * careful examination of the nature and
extent of oar grievance*, I did oot believe they were
of aooh a pressing end aggravated character, as woold
have justified Congress in declaring war against tbe
Chinese empire, without first making another earnest
attempt to adjust them by peseefol negotiation, I was
tbe mure inclined to this opinion, because of tbe severe
chastisement which had then bat recently been inflic
ted apoa the Chinese by our squadroo, in the capture
and dcstraction of tbe Barrier torts, to avenge an al
leged insult to our Bag.
The event has proved the wiadam of oar neutrality
Our minister has executed bis instructions with emi
nent skill and abili'y. In conjunction with the Rus
sian plenipotentiary, be baa peacefully, but effectually,
co operated with the English and French plenipoten
tiaries sod each of the four powers has concluded a
separate treaty with China, of s highly satisfactory
character. The treaty concluded by our own plenipo
tentiary will immediately be submitted to the Senate.
I am happy to announce that, through the energetic
yet coociliatorv efforts of our consul general in Japan,
a new treaty has been concluded with that empire,
which mav be expected materially to augment our
trade sod intercourse in that quarter, and remove
from our countrymen the disabilities which bare here
tofore been imposed upon the exercise of their religion.
Tbe treaty shell bo submitted to (he Senate for appro
val without delay.
It is my earnest desire that every misunderstanding
with the Government of Greet Britain, should be ami
cably and speedily adjusted. It has been the misfor
tune of both countries, almost ever sines the period ol
the revolution, to have baen annoyed by a succession
of irritating and dangerous questions, threatening
their (risudly relations. This has partially prevented
the full development of those feelings of mutual friend
ship between tbe people oi tbe two countries, so natu
ral in themselves and so conductive to their common
interest. Any serious interruption of the oommeree
between tbe United States jand Greet Britain, woo'd
be equally injurious to both. Io foot, no two nations
have ever existed on the face of the earth, which could
do each other so much good or so much harm.
Entertaining these sentiments, I am gratified to in
form you, that tbe loog-pending controversy between
tns two governments, io relation to the question if
visitation and search, has been amicably adjusted. The
claim no tbe pirt ol Great Britain, forcibly to visit A-
merican vessels on the high seas in time of peace,
could not be sustained under the law of nations, and it
had been oremtled br her owa most eminent jurists.
This question was recently brought to an issue, by the
repeated acts of British cruisers, io boarding and
searching our merchant vessels in the Gulf of Mexioi
and the adjacent seas. These acts were the more in
jurious and annoying, as these waters are traversed by
m large portion of tbe commerce and navigation of the
United States, and their free and unrestricted use is
essential to the security of the ooastwise trade between
different States ofthe Union. Such vexatious inter
rupt ioDS could not fail to excite the feelings of the coun
try, and lo require tbe interposition ofthe government.
Remonstrances were addressed to the British govern
ment against these vjoiationi of our rights of sover
eignty, and a naval force tvaa at the same time ordered
to the Cuban waters, with directions "to protect all
vessels of tbe United States on the high seas, from
search or detention by the vessels of war or eny other
nation.’’ These measures received the unqualified snd
even enthusiastic approbation ofthe American people
Most fortunately, however, no collision took place, and
tbe British gorernment promptly avowed it* recogni
tion of tbe principles of international liw upon tips
subject, as laid down by tho government of the United
Stales, in the note of the Secretary of Sta'e to tbe Brit
ish minister at Washington, of April 10, 1813, which
secure the vessels of the United States upon the hirli
seas from visitation or search in time of peace, under
any dreumstanees whatever. The claim hss t een
abandoned in a manner reflecting honor on the British
government, and erincingajust regard for the law of
nations, and cannot foil to strengthen tbe amicable re
lations between tbe two countries.
The British government, at the same time, proposed
„ the United States that some mode should ue adop
led, bv mutual arrangement between tbe two countries
ol a character wliich may he found effective wiltont
being offensive, for verifying the nationality of vessels
suspected on good grounds of carry false colura. They
bare also inrued the United States to take tbe initia
tive, and propose Bees lures for this purpose. Whilst
declining to a.-unme so grave a responsibility, tbe Sec-
reiarv ot State h»s informed tbe British government
that wc are ready to receire any proposals which they
muV feel di-l-osid I. _-tl..- t :u
’ to consider them in cu amicable spirit. A strong
oeiaion i.-however, ei; ... i,-.iiat tlu-occum n.d ahu.-e
ol the flag “f any nuti : enl for less t.i he depre
cated, than would be the establishment of any regula
tions which might be incompatible with the freedom of
the seas This government has yet received no com
munication speedying the manner in which the Brit,
ish government would propose to carry out their sug-
gesiiou and 1 am inclined lo beliere| Ibat no plan
which can be devised, will be free from grave emlur.
niasments. Slid. 1 shall form no decided opinion on
the subject, until I shall have carefully and in the best
spirit examined any proposals which they may think
proper to make
oomilicationa between Great Britain end tbe United 1 of the capital by & military chieftain, has been gone-
Stans, *
,
rauHai to hope that, emancipating themselves from been raging f-. some time throughout the republic, bo-
tnrttewnnavj.'ir.g discussions, tbe two governments ‘ **- * “
wouldproceed to settle the Central Americanqner’—
in a practical manner, alike honorable and ratisb.
to both; and this hope I have not yet abandoned. In
my latt annual message, I stated that overtures had
been taade-by the British government for this purpose,
in a friendly spirit, which I eordialljr reciprocated.
Their proposal was, to withdraw these questions from
direct negotiation betweeu the two governments ; but
to sco tmpliah the aunt object, by a negotiation betsreen
the British gorernment and caoh of the Central Ame
rican republics whose territorial interests are immedi
ately Involved. The settlement was to be made in ac
cordance with the general tenor of the interpretation
planxl upon the Clayton and Bnlwer treaty by the
Coiled states, with certain modifications. Aa nego
tiations are still pending upon this basis, it would not
be groper for me now to commnnicate their present
coBcation. A final settlement of these questions is
greatly to be desired, and this would wipe out tbe last
remt.amgxu Eject of dispute between tbe two countries.
Our relations with the greet empires or France and
Rosa*, as well as with ell other governments on tbe
continent of Europe, except that or Spain, continue to
hoof tho most friendly character.
With Spain onr relstions remain io an unsatisfactory
condition. In my message of December last, I inform
ed you that onr envojr extraordinary and minister
plenipotentiary to Madrid bad asked for his recall,- and
it wot my purpose to send oot a new minuter to that
ooart, with special instructions on all questions pend
ing between the two governments, snd with a deter-
miaition to hare them speedily and amicably idjurted,
if that were possible. This purpose has been hitherto
delisted by causes which I need not enumerate.
Tbe mission to Spain has been intrusted to a distin
guished citizen of Kentucky, who will proceed lo Mad
rid without delay, end make another and a final at
tempt to obtain justice from that government
Spanish officials, under the direct eootrol of tbe cap
tain-general of Cube, bare insulted our national flag,
anil, to repeated instances, have from time to time in
dieted injuries on tbe persons and property of our citi-
sens. These bare given birth to numerous claims
against tbe Spanish gorernment. tbe merits of which
hare been ably discussed for a series of years, by our
successive diplomatic representatives. Notwithstand
ing this, we bar* not arrived at« practical result in
anv single instance, unless we may except the case of
too Black Warrior under the late administration; and
tout presented an outrage of such a character as would
have justified an immediate resort to war. All our at
temjiU to obtain redress have been bafllol and defeat
ed. The frequent and oft-recurring changes io the
Spanish ministry, hare been employed aa reasons lor
delay. We bare been compelled to wait, again and
again, until the new minister shall have bad time to
investigate the justice ol onr demands.
Eren what bare been denominated "the Cuban
claims,” in which more than a hundred of onr citizens
are directly interested, bare furnished no exeeption.
These claims were for toe refunding of duties unjustly
exacted from American vessels at difierent custom
houses in Cuba, so long ago ss the year 1544. Tbe
principles upon which they rest are to manifestly equit
able and just, that aflar a period of nearly ten years
in 1S54, they were recognised by the Spanish govern
ment. Proceedings were afterwards instituted to as
certain their amount, and this was finally fixed accor.
ding to their own statement (with which we were sat.
isfied) at the sum of one hundred and twentv-eighu
thousand six hundred and thirty-five dollars and fifty-
four cents. Just at tbe moment, after a delay ot four
teen years, when we had reason to exptot that this sura
would be repaid with interest, we hsre received a pro
posal offering to refund one-third of that amount, fortv
tw.o thousand eight hundred and seventy-eight dollars
and forty-one cent*,) but without interest, if wo would
accept this in full satisfaction. Tbe offer is. also, ac
companied by a declaration that this indemnification is
not founded on any i&ison of strict justice; but is
made as a special fovor.
Ooe alleged cause for procrastination in Ibe exami
nation ana adjustment of our claims, arises from an
obstacle which it is the duty of tbe Spanish govern -
meat to remnre. Whilst toe captain general of Cuba
is invested with general despotic authority iu the gov
ernment of that island, the power is withheld lrom
him to examine and redress wrongs committed by offi
cials under bis control, on citizens ofthe United States.
Instead of making our Womplaiqts) directly to him at
Havana, we are obliged to present them through our
ministar at Madrid. These are then referred back to
the eaptaic^nnersl for information; and much lime is
thus consumed in preliminary investigations and cor
respondence between Madrid and Cuba, before the
Spanish government will consent to proceed to nego
tiation. Many or toe difficulties betweeu tbe too
governments would be obviated, and a long train of
negotiation avoided, if the captain-general were inves
ted with authority to settle questions of essy solution
on tbe spot, where all the farts are fresh, end cun! J be
promptly and satisfactorily ascertained. Wo h*Te
hitherto in rain nrged upon toe Spanish g -vernment,
to confer this power upon the captain general, and our
minister to .Spain will again be instructed to urge this
subject on their notice. In this respect they occupy a
difierent position from tbe powers of Europe. Cuba
Is almost within sight of our shores; our commerce
with it is tar greater than that of any other nation, in
cluding Spain itself, and onr citizens are in habits of
daily and extended personal intercourse with every
mrut, we ahould be obliged to resort to Madrid, uqie-
cially when the very first step to be token there is to
refer it back to Cuba.
The truth is that Cuba, in its existing colonial con
dition. is a constant source of injury and annoyance to
the American people. Jt is the outy spot in the civil
ized world where tbe African slave trade is tolerated;
and we are bound by treaty with Great Britain, to
maintain a naval force on the coast of Africa, at much
expense both of life and treasure, solely for the purpose
of arresting slavers bonnd to that island. The late
serious difficulties between tbe United States sod Great
Britain respecting the right of search, now ao happily
terminated, could never have arisen if Cuba baa not
afforded a market for slaves. As long as this market
shall remain open, there can be no hope for the civili
zation of benighted Africa. Whilst the demand for
slaves continues in Cuba, ware will be waged among
the petty and barbarqns chiefs in Africa, for the pnr
pore of seizing subject* to supply this trade. Io such
a condition of affaire, it is impossible that the light of
civilization and religion can ever penetrate these dark
abodes.
It hss been made known to tlie world by my prede-
cessora, Ibat Ibe United Slates Jure, on several oeca
sione, endeavored to acquire Cuba from Spain by hon
orable negotiation. If this were accomplished, the
last relie of the African slare-trado would instantly
disappear. We would not if we con'd, acquire Cuba
in any other manner. This is duo to our national
character. All the territoiy which we hare acquired
since tha origin of the government, has been by fair
purchase from France, Spain, and Mexico, nr by tbe
tree and voluntary act of the independent State of
Texas, in blending her destines with our own. This
course w« shell ever pursue, unless circumstances
ahould occur, which we do not now anticipate, ren-
deriog a departure from it dearly justifiable, under tbe
imperative und overruling law of self-preservation.
The Island of Cuba, from its geographical position,
commands the month of the Mississippi, and the im
mense and annually increasing trade, foreign and coast
wise, from tbe valley of that noble river, now embra
cing half ol the sovereign States of the Uoion. With
that Island under the dominion of a distant foreign
power, this trade, of vital importance to there States,
is exposed to the danger of being destroyed in time of
wer, and it bo* hitherto been subjected to perpetual
injury and annoyance in time’of peaee. Our relations
with Spain, which ought to be o^tho most friendly
character, most always be placed in jeopardy, whilst
the existing colonial government over the Island shall
remain in its present condition.
Whilst the possession of toe Island would be of vast
importance to the United States, its value to Spain is,
comparatively, unimportant Such was tbe relative
aitoatioo of the parties, when the great Napoleon trans
ferred Louisiana to the United States. Jealous, as he
ever was, ofthe national honor and interests of France,
no oerson throughout the world, has impnted blame to
him, for accepting a pecuniary equivalent for this
HThe publicity which has been given to our former I
I negotiations upon this subject, and the large appropria
tion which may be required to effect the purpose, ren
der it expedient, before making another attempt to re
new the negotiation, that I should lay tbe whole sub
ject before Congress. This is especially necessary, as
it may become indispensable to success, that I should
be minis ted with the means of tasking an advance to
the Spanish government immediately after (he signing
of the treaty, without awaiting tbe ratification or it by
the Senate. I am encouraged to make this suggestion]
by the example of Mr. Jefferson previous to the pur
chase of Louisiana from France, and by that of Mr.
l’olk in view of the acquisition of Ibe territory from
Mexico. I reter tbe whole subject to Congress, sod
commend it to their careful consideration. j
I repeat toe recommendation made in my message
of December last, in favor of so appropriation "to be
paid to the Spanish government for tbe purpose oil
distribution among too otaimaots io the Amistad
ease.” President Folk first made a similar recommen
dation in December, 1847, and it was repeated by my
immediate predecessor in December, 1853. I enter
tain no doobt that indemnity is foirty due to these
claimants under onr treaty with Spain of the 27th Oc
tober, 1795; and whilst demanding justice we ought to
do justice. An appropriation promptly made for this
purpose, could not tail to exert a favorable inllucnco on |
oar negotiation with Spain.
Our position in rotation to tbe independent States I
south of ns on this continent, and especially those with
io tbe limits of North America, b of n peculiar char
acter. The northern boundary of Mexico is coincident
with our own southern boundary from ocean to ocean;
snd wc must necessarily feel a deep interest in all that
ooncerns too well being and the fate of so near a
neighbor. We have always cherished the kindest
wishes for the toccee* of that republic, and bare in
dulged the hope that it might at last, after all its trials,
enjoy pcAce ami prosperity under a free and stable gov
ernment. V/c have never hitherto interfered, directly
or indirectly, wi'h its internal affairs, and ,- t h * dutv
which we owe to ourselves, to prelect the integrity of
its territory, against toe hostile interference of any
other power. Our geographical position, oar direct
interest iu all that concerns Mexico, and "Ur well-set
tled policy in regard to toe North American continent,
render this an indispensable duly.
Mexico hss been in a stale of constant revolution, al-
m-»t ev«r anise i: i-., ,■ One
military leader after another has usurped tbe govern
ment in rapid succession; nnd the various constitu
tions from time lo time adopted, have been sot at
naught almost as soon us '.hey were proclaimed. The
successive governments^ have till' -rued no adequate
protection, either to Mexican citizens or foreign rtsi-
1 amtraiy sorry I eaanot site inform yon that the dents, agaiost lawless violence. Heretofore, a seizure
thc-ct- -ral gorernment at tbe city of Mexico,
-which has endeavored to subvert tbe coustitutiou last
framed by military power, and those who maintain the
authority of that constitution. The antagonist parties
each hold possession of different States ot the republic,
and the fortunes of the war are constantly changing.—
Meanwhile, the most reprehensible means have been
employed by both parties to extort money from for
eigners as well as natives, to carry on this ruinous
contest. The truth is, that Ibis fine country, blessed
with a productive soil and a benign climate, has been
reduced by civil dissension to a condition of almost
hopeless anarchy and imbecility. It would be vain for
this government to attempt to enforce payment in
money of toe claims of American citizens, now amount
ing to more than ten million dollars, against Mexico,
because she is destitute of all pecuniary means to satis-
ly these demands.
Oar Uto minister was famished with ample powers
and instructions for the adjustment of ail pending
questions with tbe centra) government of Mexico, and
he performed bis duty with zeal and ability. The
claims of oar citizens, some of them arising out of the
violation of an express provision ofthe treaty of Gan-
dalupe Hidalgo, and others from gross injuties to per
sons as well ss property, bare remained unredressed
and even unnoticed. Remonstrances against these
grievances, have been addressed without effect to that
government. .Meantime,in various partsof therepub-
ic, instances hare been numerous of the murder, im
prisonment, and plunder of our citizens, by different
parties claiming and exercising a local jurisdiction;
but tbe central government, although repeatedly urged
thereto, hare made no effort either to punish tbe au
thorn of these outrages or to prevent their recurrence.
No American citizen can now visit Mexico on lawful
business, without imminent danger to bis person and
property. There is no adequate protection to either;
und in this respect our treaty with that republic is al
most a dead letter.
This state of affaire was brought to a crisis in May
last, by the promulgation of a decree levying a contri
bution jtro rata upon all tbe capital in the republic,
between certain specified amounts, whether held by
Mexicans or foreigners. Mr, Forsyth, regarding this
decree in the light of a “forced loss,” formally protes
ted against its application to his countrymen, and ad
vised them not to pay the contribution,'but to suffer it
to be forcibly exacted. Actiog upon this advice, an
American citizen refused to pay the contribution, and
bis property was seized by armed men to satisfy the
amount. Not content with this, the government pro
ceeded still farther, and issued a decree banishing him
from tbe country. Our minister immediately notified
them that if this decree should be carried into execu
tion he would feel it to be his duty to adopt ''tho most
decided measures that belong to tbe powers and obli
gations of the representative office.’^ Notwithstand
ing this warning, the banishment was enforced, and
Mr. Forsyth promptly announced to tte government
the suspension of the political relations of his legation
with them, nntit the pleasure of his own gorernment
should be ascertained.
This government did not regard the contribution
itnposed by the decree of the 15th May last to bo in
strictness a “fotccd loan,” and as such prohibited by
the lulh article of the treaty of 182S between Great
Britian and Mexico, to the benefits of which American
citizens are entitled by treaty; yet the imposition of
their contribution upon foreigners was considered au
unjust and oppressive measure. Beside*, internal fac
tions in other parts of the republic were st the same
time levying simitar exactions upon the property of
citizens, and interruptiog their commerce. There had
been an entire failure on the part of our minister, to
secure redress for tbe wrongs which our citizens, had
endured, notwithstanding hit persevering efforts. And
from toe temper manifested by the Mexican government,
he bad repeatedly assured us (hat no favorable chant
could bo expected, until the United States shout _
•‘give striking evidence of their will and power to pro
tect their citizens,” and that “ severe chastening is the
only earthly remedy for our grievances.” From this
statement of facts, it would have been worse than idle
to direct .Mr. Forsyth to retrace his steps aod resume
diplomatic relations with that government; and it was
therefore, deemed proper to sanction his withdrewsl
of the legation from tbe city of Mexico.
Abu.idant causes now undoubtedly exists for a re
sort to hostilities against the government still bolding
pos-ess on of the capital. Should they succeed in sub
duing tile constitutional forces, all reasonable hope will
then have expired of a peaceful settlemrnt of our diffi
culties.
On the other band, should the constitutional parly
prevail, and their authority be established over the
Republic, there is remsoa to hope that they will be ani
mated by a less unfriendly spirit and may grant that
redress to American citizens which justice requires, so
fir as they may possess tbe means. But for this ex
pectation, 1 should at ouoe have recommended to Con
gress to grant the necessary power to tbe President, to
take possession of a sufficient portion ol the remote
and unsettled territory of Mexico, to be held in plcdgi
until our injuries shall be redressed, and our just de
uiands be satisfied. We have already exhausted every
milderniettniofobtainingjustice. In such a case, this
remedy of reprisals is recognised by the law of nations,
not only as just in itself, but as a means of preventing
actual war.
But there is another view of our relations with Mexi
co, arising from the unhappy condition of affairs along
our Soelh-weatcm frontier, which demands Immedi
ate action. In that remote region, where there are
but tew white inhabitants, huge bands of hostile and
predatory Indians roam promiscuously over the Mexi-
?*** of Chihuahua and Sonora, and our adjoin
ing Temtortw. Tne tne.1 p»w.««.ti of these States
ere perfectly helpless, and are kept in a state of con-
slant alarm by the Indians. They hsre not the power,
if they possessed the will, even to restrain lawless
Mexicans from passing the border, and committing de
predations oo our remote settlers. A state of anarchy
and violence prevails throughout that distant frontier.
The laws are a dead letter, and life and property are
wholly insecure. For this reason the settlement or
Arizona is arrested, whilst it is of great importance
that a chain of inhabitants should extend all along its
southern border, sufficient for their own protection
and that of the United States mail, passing to and
from California.
Well founded apprehensions are now entertained
that the Indians and wandering Mexicans, equally law
less, may break up the important stage and postal
communication, reorally established between our At
lantic and Facitic possessions. This passes very nesr
to the Mexican boundary, throughout the whole length
of Arizen*. I can 'imagine no possible remedy for
these evils, and no mode of restoring law and order on
that remote and unsettled frontier, but for tbe govern
ment of the United Elates to assume a temporary pro
tectorate over the northern portion of Chihuahua and
Son ora, and lo establish military posts within the same
—and this I earnestly recommend to Congress. This
protection may be withdrawn as soon os local govern
ment* shall be established in these .Mexican St&ti
capable of performing their duties to the Unit—
States, reatraiuing the lawless and preserving peace
along tbe border.
I do not doubt that this measure will be viewed in a
friendly spirit by the governments and people of Chi
huahua and Sonora, ms it will prore equally effectual
for the protection of their citizens on that remote and
lawless frontier, as for citizens ofthe United States.
And iu this connection, permit me to re-call your
attention to the condition of Arizona. Tbe population
of that Territory, numbering, aa la alleged, more than
tcu thousand souls, are practically without a govern
meut, without laws, and without any regular admraislrs
tion of justice. Murder and other crimes are commit
ted with impunity. This state of things calls loudly
for redress; and I, then-lore, repeat my recommenda
tion lor the establishment of a territorial gorernment
over Arizona.
Tbe political condition of the narrow isthmus of
Central America, through which transit routes pass,
between tbe Atlantic and Facific oceans, presents a
subject of deep interest to all commercial nations. It
is over these transits that a targe proportion of the
trade and travel between the European and Atlantic
continents, is destined to pass. To the United States
these routes are’hBuncalciiUble importance, as a means
of comniunicatio^setween their Atlantic and Facific
poeaessions. The latter now extend throughout sev
enteen degrees of latitude on the Pacific coast, em-
bracing the important State of California and the flour
ishing Territories of Oregon end Washington. All
commercial nations, therefore, hare a deep and direct
interest that these communications shall be rendered
secure from interruption.
If an arm of the sea, connecting the two oceans, pen
etrated through Nicaragua and Costa ■
tat these
Rica, it could
lese States would bsTe tbe
not be pretended that
right to arrest or retard Us navigation, to the injury
of other nations. The transit by land, over this nar
row isthmus, oocupies nearly the same position. It is
a highway in which thay themselves have little inter
est, when compared with the vast interests of the rest
of the world. Whilst their rights of sovereignty
ought to be respected, it is the duty of other nations
to require, that this important passage shall not be in
terrapted. by the civil wars and revolutionary out
breaks which have so frequently occurred in that re
gion. The slake is too important, to be left at the
mercy ol rival companies, claiming to hold conflicting
contracts with Nicaragua. The commerce of other
nati. ns is not to stand still and await tbe adjustment
of inch petty controversies.
The government of the United States expect no more
than this, sod they wilthot he satisfied with less.—>
They would not, if they cauld, derive any advantage
from the Nicaragua transit, not common to Hie rest of
the world. Its neutrality and protection, for the com
mon use of all nations’ is their only object. They
have no objection that Nicaragua shall demand and
receive a fair compensation, from the companies and
individuals who may traverse tbe route; but they in
sist that it shall never hereafter be closed, by an arbi
trary decree of that government. If disputes arise be
tween it and those with whom they may have entered
into contract^ these must be adjusted by some fair
tribunal provided for the purpose, and the route most
u;--. be closed pending the controversy. This is our
whole policy, and it cannot fail to bo acceptable to
other nations.
All these difficulties might be avoided, if, consistent
ly with the good faith of Nicaragua, the use of this
tran-it coold he thrown open to general competition ;
proti ihig at the same time for the payment of a rea*
- mable rale !<> tbe Nicaraguan government, oa passen
gers and freight.
In August, 1352, the Accessory Transit Company
made its first inter-oceanic trip over the Nicaraguan
route, und continued in successful operation,' with
great advantage to the public, until the Wh of tebru-
ary, 1854, when it was closed, and the grant to this
company, as well as its charter, summarily and arbi-
ir.ir;; -. revoked by the government uf President Rivas.
Frevious to this dale, however, in 1854, seriaus dis
putes concerning the settlement of their accounts had
arisen betweeu the company and the gorernment,
threatening the iateirupt.on’ ot the route at any mo
ment. These the United States in vain endeavored
to compose. It would be useless to narrate the van.
ous proceedings which took place between the parties,
up till the time when the transit was discontinued.—
Suffice it to say that, since February, 1350, it has re
mained closed, greatly to the prejudice of citizens of
the United States. Since that time the competition
has ceased between the rival rentes of l’ar.nma and
Nicaragua, and, in consequence thereof, an unjust aud
unreasonable amount has been exacted from our citi
zens; for their passage to and from California.
A treaty was signed on the 16th dav uf November
1357, by the Secretary of State and Minister of Nicara
gua, under the stipulations ot which the use aDd pro
tection of the transit routo would have been secured,
not'Only to the United States, but equally to all other
nations. How aud on what pretexts this treaty has
failed to receivo the ratiffcatiou of the Nicaraguan gov
ernment, will appear by the papers herewith commu
nicated from tne Slate Department. Tho principal
objection seems to have been to the provision authoris
ing the United States to employ force to keep the route
open, in case Nicaragua should fail to perform her du
ty in this respect. From tho feebleness of that Repub
lic, itS'frequent changes of goren-ment, and its con
stant internal dissensions, this had become n most
important stipulation, and one essentially necessary
not only for the security of the route, but forthosafety
of American citizens passing and repassing to and from
our Pacific possessions. Were such a stipulation em
braced in a treaty between the United States and Nio-
aragm, the knowledge of this fact would of itself most
probably prerent hostile parties from committing ag
gressions ou the route, and render our actual interfer
ence for its protection unnecesary.
Tbe executive government of this country, in its in
tercourse with foreign nations, is limited to the em
ployment of diplemacv alone. When this fails, it cau
proceed no further, ft cannot legitimately resort to
force, without the direct authority of Congress, except
in resisting and repeling hostile attacks. It wauld
have no authority to enter the territories of Nicaragua,
even to prevent the destruction of the transit, and pro
tect tbe Jives and property of our own citizens on their
passage. It is true, that on a sudden emergency of
this character, the President would direct any armed
force in tho vicinity to march to their relief; but in
doing this, he would act upon his own responsibility.
Under these circumstances I earnestly recommend
to Congress the passage of an act authoriz: ng the Pres
ident, under such restrictions as they may deem prop
er, to employ the land and naval forces of tho United
States in preventing the transit from being obstructed
or closed by lawless violence, and in protecting the
lives and property ot American citizens travelling
tkereupaD, requiring at the same time tha: these forces
shall be withdrawn tho moment the danger shall have
passed away. Without such a provision, our citizens
will be constantly exposed to interruption in their pro
gress, and to lawless violence.
A simitar necessity exists for the passage of such an
act, for the protection of the Pauama and Tehauntepec
routes.
In reference to the Panama, route, the United States,
by their existing treity with New Granada, expressl;
guarantee tbe neutrality of the Isthmus, " with the
view that the free transit from tbe one to the other sea
may not bo interrupted or embarrassed ill any future
time, while this treaty exists."
In regard to the Tehauntepec route, whiob has been
recently opened under the most favorable auspices, our
treaty with Mexico of the 30th Dec., 1853, secures to
the citizens of the United States a right of transit over
it for their persons and merchandise, and stipulates
that neither goverement shall “ interoose any obstacle”
thereto. It also concedes to the United States the
“ right to transport across the Isthmus, ii closed bags,
tbe mails of the United States, not intended for distri
bution along the line of the comm anication ; also, the
effects of tbe United States govern ment and its citizens,
which may be intended for transit, and not for distri
bution on tbe Isthmus, free of custom house, or other
charges by the Mexican govern me It.
These treaty stiputa : ms with New Grenada and Mex
ico, id addition to the considerafio-is applicable to the
Nicaragua, route, seem t* require legislation for the
purpose of carrying them into effect.
The injuries, which have been inflicted upon our cit
izens in Costa Rica and Nicaragua, during tbe last two
or three ycara, have received tbe prompt attention of
this government. Some of these injuries were of the
most aggravated character. The transaction at Virgin
Bay, in April, 1854, when a company of unarmed
Americans, who were in no way connected with any
beligerent conduct or party, were fired upon by the
troops of Costa Rica, and numbers of them killed and
wounded, was brought to the knowledge of Congress
by my predecessor soon after its occurrence, and was
also presented to the government of Costa Rica, for
that immediate investigation and redress which the
nature of the case demanded.
A similar coarse was panned with reference to other
outrages in these countries, some of which were hardly
less aggravated in their character than the transaction
at Virgin Bay. At tho time, however, when our pres
ent minister to Nicaragua was appointed,in December,
1857, no redress had been obtained lor any of these
wrongs, and no reply even had been received to the
demands which bad been made by this government
upon that of Costa Rica more than a year before. Our
minister was instructed, therefore, to lose no time in
expressing to those governments the deep regret with
which tbe Fresidcnt had witnessed this inattention to
the just claims of the United States, and in demanding
their prompt and satisfactory adjustment Unless this
demand shall be compiled with at an early day, it will
only remain for this governmenf to adopt such other
measures as my be necessary, in order to obtain for
itself that justice which it has in vain attempted to se
cure by peaceful means, from th! gorernment* of Nic
aragua and Costa Rica. While it has ahown, and will
continue to show, the most sincere regard for the
rights and honor #f these Republics, it cannot permit
this regard to be met by an utter ncglenj. on their part,
of what is due to the gorernment and citizens ot tho
United States.
Against New Grenada we bare long-standing causes
of comptaint, arising out of tbe unsatisfied claims of
our citizens upon that republic; and to these have
been mure recently added the outrages committed up
on our citizens at Fanama in April, 1854. A treaty for
the adjustment of these difficulties was concluded by
the Secretary of State and the minister of New Grena
da, in September, 1857, which contained just and ac
ceptable provisions for that purpose. This treaty was
transmitted to Bogota, and was ratified by the govern
ment of New Grenada, but with certain amendments.
It was not, however, returned to this city until after
tbe close of the last session of tbe Senate. It will be
immediately transmitted to that body for their advice
and consent; and should this be obtained, it will re
move all our existing causes of complaint agains New
Grenada on the subject of claims.
Questions hare arriaen between the two govern,
raents as totherigbt of New Grenada to levy a tonnage
duty upon the vessels of the the United States in its
ports of the Isthmus, and to lew a passenger tamp
on our citizens arriving in that country, whether with
a design to remain there or to pass from ocean to
ocean, by the traosit routo ; and also a tax upon the
mail of the United States transported over the Panama
railroad. The government of New Grenada has been
informed that tho United Stales would consider the
collection of either of these taxes as an zet in violation
of the treaty between the two countries and as such
would be resisted by the United States. At the same
time we are prepared to discuss thesu questions in
spirit of amity and justice, and with a sincere desire
to adjust them in a satisfictory manner. A negotia
tion for that purpose has already been commenced.—
No effort has recently been made to collect these taxes
nor is any nnticipati-d under present circumstances.
With the empire of Brazil our relations are of the most
friendly character. The productions of the two coun
tries, and especially those ol au agricultural nature,
are such as to invite extensire rnutur.1 exchanges. A
large quantity of American flour is consumed in Bra
zil ; whilst more than treble the amount in value ol
Brazillian coffee is consumed in the United States.—
Whilst this is the case, a heavy duty has been levied,
until very recently, upon the importation of American
flour into Brazil. I am gratified, however, to be able
to inform you thahin September last this has been re
duced from one dollar and tbirty-tw) cents to about
forty-nine cents per barrel, and the duties on other ar
ticles of production have been diminished in nearly the
same proportion.
I regret to state that the government of Brazil still
continues to levy an export duty of about 11 per cent,
on coffee, notwithstanding this article is admitted tree
from duty in the United States. This is a heavy
charge upon tbe consumers of coffee in our countiy,
as we purchase half the entire surplus crop of that ar
ticle raised in Brazil our mioister under instructions,
wit! reiterate his efforts to have this export du
ty removed; nnd, it is hoped that the enlight
ened government of the Emperor will adopt this wise,
just and equal policy. In that event, there is good
reason to believe that the commerce between the two
countries wiil greatly increase, much to the advantage
Ted of employment and reduced to want. Universal I admonish ugall, in our roqeclivf- of duty,
distress prevailed among the commercial, mann&ctn-[ (o the practice cn rigid economy. Tho objects cf f i
ring and mechanical classes. This revulsion was 1 felt i p.ndlfpre ehqu'd bu limit"-! tn number, as fares 1
the more severely in the United Slates, because situ- j ; : - a - v practKSibuj, ami thoappronnafions nfce}S>r.v
ttarcauses had produced the like deplorable effects I J® car *’>T r r .,.'"j S£ f* '"'^T
throughout the commercial nations of Europe. All I’’ 1 ® atnelcst tfocaiiiilabuiljv ETOgwucd ecou mt
were experiencing sad reverses at the same moment. es notcqns’st m the laraMtonpprepijatemoOeyTor
Onr manufacturers overvwliere suffered severely, not constitutional purposes,. t-.c-j.ial to th® dvmnre. i- i-
gress, and prospe : .-;- of tho republic;, bnt in taking
care that none of this money shall he wasted fiy mi - ’
management, in its application to the objects design,.-
ol both.
The claims of our citizens against the government of
Brazil are not iu the aggregate, of very large amount;
hut some of these rest upon plain principles of
ustice, and their settlement ought not to he longer de-
aved. A renewed and earnest, and I trust successful
effort, will be made by our minister to procure their fi
nal adjustment.
On the 2d of June last. Congress passed a joint reso
lution authorizing the I’resident "to adopt such meas
ures and use such force as, in his judgment, may he
advisable” "for the purpose of adjusting the difference
between the United States and the republic of Fara-
guay, in connection with the attack on the United
States steamer Water Witch, and with other measures
referred to” in his annual message. And *n the 12th
July following, they made an appropriation to detray
the expenses and compensation of a commissioner to
that republic, should the President deem it proper to
make such an appointment.
In compliance with these enactments, I hare appoin
ted a commissioner, who has proceeded to Paraguay,
with'fnll powers and instructions to settle these differ
ences in an amicable and peaceful manner, if this be
iracticable. His experience and discretion justify the
lope that he may prove successful in convincing the
Paraguayan government that it is doe both to honor
nd justice, that they should voluntarily and prorapt-
y make atonement tor the wrings which tbev hare
committed against the United States, and indemnify
our injured citizens whom they have forcibly despoil
ed of their property.
Should our commissioner prove unsuccessful, after
sincere and earnest effort, to accomplish the object of
his mission, then no alternative wi 1 remain but the
employment of force to obtain "iuat satisfaction” from
Paraguay. In view ol this contingency, the Secretary
of tbe Navy, under my direction, has’fitted out and
despatched a nuval force to rendezvous near Bunos
Ayers, which, it is believed, will prove sufficient lor
the occasion. It is my earnest desire, however, that
may not be found necessary to resort to this i&st al
ternative.
When Congress met in December last, the business
the country bad just been crushed by one of those pe
riodical revulsions which are tbe inevitable consequence
ol our unsound and extraragant system of bank cred
its and inflated currency. With a!! the elements of
national wealth in abundance, our manufactures were
suspended, our useful public and private enterprises
were arrested, and thousands of laoorers were depri-
Our manufacturers crerywhere suffered severely, not
because of the recent reduction in the tariff of duties
on imports but because there was no demand at any
pj-ice for their productions. The people were obliged
to restrict themselves in their purchases to articles of
prime necessity. In the general prostration of busi
ness, tho iron manufacturers in different States proba
bly suffered more than any other class, and much des
titution was the inevitable consequence among the
great number of workmen who had been employed in
this useful branch of onr industry. There could be no
supply where there was no demand. To ptesent an
example, there conld bo no demand for railroad iron,
after our magnificent system of railroads, extending
its benefits to every portion of tho Union, had been
brought to a dead pause. The same consequences
have resulted from simitar causes to many other bran
ches of useful manufactures. It is self-evident that
where there is no ability to purchase manufactured ar
ticles, these cannot be sold, and consequently must
cease to be produced.
No government, and especially a government of such
limited powers as that of the United States, could
baro prevented tbe lata revulsion. The whole commer
cial world seemed for years to bare been rushing to
thi3 catastrophe. The same ruinous consequences
would hare followed in tho United States, whether
tho duties upon foreign imports had remained as they
wore under the tariff of 1849, or had been raised to a
much higher standard. Tho tariff of 1857 hod no
agency in tho result. Tho general causes existing
throughout the world, could not have been controlled
by the legislation of any particular country.
The periodical revulsions which have existod In our
past history, must continue to return at intervals, So
tong as our present, unbounded system of bank credits
shall prevail. They will, however, prpbably bo too
less severe in future; because it is not to be expected,
at least for many years to come, that tbe commercial
nations of Europe; with whose interests our own arc
so materially invoked, will expose themselves to simi
lar calamities. But this subject wts treated so much
at large in my lost annual message that I shall not now
pursue it further. Still, I respectlully renew toe recom
mendation in faror ofthe passage of a uniform btnk-
rapt Isrr applicable to banking institutions. This is
ail the power orer tbe subject which, I beliere, the
Federal Gorei-nment possesses. Such n taw would
mitigate, though it might not prevent the evil. The
instinct of self-preservation might produce a whole
some restraint upon their banking business, if they
knew in advance their ciril death.
Bnt toe effects of tbe revulsion are now slowly but
surely passing away. The energy and enterprise of
our citizens, with our unbounded resources, will, with
in the period of another year, restore a state of whole
some industry and trade. Capital has again accumu
lated in our large cities. The rate of interest is there
very low. Contidenco is gradually reviving, and so
soon as it is discovered that this capital can be profit
ably employed in commercial and manufacturing en
terprises, and in the construction of railroads and
other works of public and private improvement, pros
perity will again smile throughout the land. It is
rain, howerer, to disguise the fact from ouraelres that
a speculative inflation in other countries whose manu
factures come iuto competition with our own must ev
er produce disastrous results to our domestic manu
facturcs. No tariff short of absolute prohibition can
prerent these evil consequences.
In connexion with this subject it is proper to refer
to our financial coodition. The same causes which
hare produced pecuniary distress throughout the coun
try hare so reduced the amount of imports from for
eign couutries that the revenue has proved inadequate
to meet the necessary expenses of the Gorernment —
To snpply the deficiency, Congress, by an act of the
23d of December, 1857, authorized tbe issue of $20,000,-
000 of Treasury notes, and this proving inadequate,
they, authorized, by too act ot June 14th, 1755, a loan
of $20,000,000, “to be applied to the payment of appro
priations made by law.”
No statesman would advise that we Should go ou
increasing the national debt to meet the ordinary ex
penses of the Government This would be a moat ru
tnous policy. In case of war onr credit must be cur
chief resource, at least for the first year, and this would
be greatly impaired by having contracted a targe debt
in time of peace. It is our true policy to increase our
revenue so os to equal our expenditures. It would be
ruinous to continue to borrow. Besides, it may be
proper to observe that tbe incidental protection thus
afforded by a rcrenuo tariff would at tbe present mo
ment, to some extent, increase the confidence of toe
manufacturing interests, and give a fresh impulse to
our reriring business. To this, surely, no person will
object.
in regard to tbe modes of assessing and collecling
duties under a strictly revenue tariff I have long enter
tained and often expressed the opinion that sound pol
icy requires this should be done by specific duties in
cases to which these can be properly applied. They
are well adapted to commodities which are usually sold
by weight or by measure, and which, from their na
ture, are of equal or of nearly equal value. Such lor
example, are the articles of iron of different classes,
raw sugar, and foreign wines and spirits.
In my deliberate judgment, specific duties arc tho
best, if not the only means of securing the revenue
against false and fraudulent invoices, and such has
been the practice adopted for this purpose by other
commercial nations. Besides, specific duties would
afford to the American manufacturer the incidental
advantages to which he is fairly entitled ttoder s
revenue tariff. Tho present system is a sliding scale
to his disadvantage. Under it, when prices are high
and business prosperous, the duties rise in amount
whon he least requires their aid. On the contrary,
when prices fall, and he is struggling against adver
sity, the duties are diminished in the same propor
tion, greatly to his injury.
Neither would there be danger that a higher rate of
duty than that intended by Congress, could be levied
in the form of specific dunes. It would be easy to as
certain the arensgo value of any imported article for a
series of years; and, instead of subjecting it to an ad
valorem duty at a certain ratepercontarn, to substitute
in its place an equivalent specific duty
By such an arrangement the consumer would not be
injured. It is true, be might bare to par a little more
duty on n given article in one year;’but if so, he
would pay a little less in another, and in a series of
years these would counterbalance each other, and
nmonnt to tbe same thing, so far os his interest is con
cerned. This inconvenience would be trifling, when
contrasted with the additional security thus afforded
against frauds upon tbo revenue, in which every con
sumer is directly interested.
1 have thrown out these suggestions as toe fruit of
my own observation, to which Congress, in their bet
t:r judgment, will give such weight aa they may justly
deserve.
The report of the Secretary of the Treasury will ex
plain io detail the operations’of that department ofthe
government. The receipts into the treasure float all
sources during the fiscal year ending 3uih June, 1358,
including the treasury notes authorised by the act of
December 23,1857, were $70,271,869,90, which amount,
with tbe balanco of $17,710,114,27 remaining in tbe
treasury at the commencement of the year, made an
aggregate for the service of the year of $87,933,938,86.
The public expenditure during the fiscal year ending
Juoe SO, 1858, amounted to $31,585,667 74, of which
$J,6S4,oST 99 were applied to the payment of the pub
lic debt, and the redemption of treasury notes, with
the interest thereon, leaving in the treasury, on July
1, 1858, being tbe commencement of the present fiscal
year, $6,398,310 10.
The receipts into the treasury during the first quar
ter of the present fiscal year, commencing the 1st of
July, 1856, including one half of the loan of twenty
millions of dollars, with the premium upon it, antbo
rised by the act of 14th June, 1S58, were $25,230,879-
46, and the estimated receipts, for the remaining three-
quarters to the 30th June, 1859, from ordinary sources
are $33,500,400; making,, with the balance before sta
ted, aD aggregate of $70,129,195 56.
The expenditures during the first qusrter of the pre
sent fiscal year were $21,708,198 61, of which $1,010,-
142 37 were applied’lo the payment of the public debt
and the redemption of treasury notes and the iaterest
thereon. The estimated expenditures, during the re
maining three-quarters, to tho 30th of June, 1S59, are
$52,357,693 4S, making sn sggregate of $74,065,896 99,
being an excess of expenditure beyond the estimated
receipts into the treasury from ordinary sources during
the fiscal rear, to tbe Seth of June, 1359, of $3,936,-
701 48. Extraordinary means arc placed by taw with
in the command of the Secretary of the Treasury, by
the re-issue ol treasury notes redeemed nnd by nego
tiating tbe balance of the loan authorised by the act
of 14th ol June, 185S, lo the extent of $11,000,040,
which, if realised curing tbo present fiscul year, wilt
leave a balance in the treasury on the 1st day of July,
185*, of $7,063,233 67.
The estimated receipts during the next fiscal year
ending the SOth of June, I860, are $62,000,000, which,
with the above estimated balance or $7,043,293 57,
make an aggregate for the service of ;he next fiscal
year, of $69,063,298 57. The estimated expenditures
lOlUUtUUUU Ul
t Office Department occupies a position very
om that of the other departments. Fur
during the next fiscal year, ending 30th of June, 1S6
are $73,139,147 46, which leaves deficit of estimated
means, compured with the estimated expenditures for
that year, commencing on the >: ol' .Iuk, 1
$4,075.64S 89.
In addition to this sum, the Postmaster General will
require from the trea»ury, for the service cf the Post-
offica Department $$,638,728, as explained in the re
port of the Secretary of the Treasury, which wilt in
crease ibe estimated deficit on the 39th June, 1S60, to
$7,914,576 r'9. To provide lor the payment of this
estimated deficiency, which will be increased hy such
appropriations as may be made by Congress, nut esti
mated for the report of the Treasury Department, as
well as to provide for the gradual redeniplionftoa ye.it
to year, ot the outstanding notes, the .'ccretnry of tbe
Trea“ury recommends suefi a revision ot the present
tarifl us will raise the required am- mi . After -flirt J
have already said, I need scarcely, add that I concur in
the opinion expressed in his report—that the public
debt should not be increased bv an additional toau, aid
would therefore strongly urge upon Congress the duty
of making, at their present session, the nece.-.-ary pro
vision for meeting these liabilities.
The public debt on the 1st July, 1 -5S, tlie com
mencement of the present fiscal year, was $25,155,-
*77 66.
During the first quarter of the present year, the sum
of $19,006,000 has been negotiated of the loan tulth---
rized by the art of 14th Juue, 1858—makingthe pres
ent outstanding pubiic debt, exclusive of treasury Doted
$35,155,977 66. There was on the 1st of July, ls5r-
of treasury notes issued by authority of the act m lu-
cember28d, 1357, unredeemed, Ihesnm of$19,754,3
—making the amount of actual indebtedness, at tha:
date, $54,910,777 66. To this will hcadded$10,')09,-
900 during the present fiscal year--this being the re
maining half ot the loan of $20,'".'0,000 not ret nego
tiated.
The rapid increase of the public debt, und the neces
sity which exists tor a modification of the tardf,
tei by law; j ...
Comparisons between the annual expenditure at the
present time, and what it was tco or twenty .wan: ego, ■
are altogether fallacious. The rapid increase of oar
countiy in extent and population, renders a cerrev
pond .nip increase of expenditure, to some extent, dha-
voi<R.bfc. This ls constant|y creating new objects of
expenditure, and augmenting tho amount required f* r .
thocld. The true questions then, are,have tho-e ob
jects been necessarily multiplied f or, hail the amout t
expended upon any or all of thorn, been It rger th: n
comports with duo economy f Tn accordance with
these principles, tho heads or the different executive -
departments of the government have been instructed
to reduce their estimates for the next fiscal year, totfio-
lowest standard consistent with tho efficiency of tie ■
service, and this duty they.have performed iu a spirit
of just economy. The estimates of theTieiuiy, War,
Navy, und Interior Departments, have cacti (teen
in so me degree reduced, and unless a sudden and un
foreseen emergency should arise, it w not anticipated
that a deficiency will exist in eitherwithin (ho present
or th s next fiscal year. The Post-ofiiec Department is
placed in a peculiar position, different from the' other
departments, and to this 1 shall hereafter refer.
I invito Congress to institn'e a rigid scrtiiiay td.as-
certain whether tha expenses in all the departments
cannot be still farther reduced ; aud I promise them
all tte aid in my power in pursuing the investigation.
I transmit herewith the renorts made to me Bjnhe
Secretary of War, of the Navy, of the Interior, and °f
tho Fost’master General. They each contain valuable
information and important recommendations, to which
I invito the attention of Congress.
In my last annual message, I took occasion to recom
mend the immediate construction of ten (small a" earn
er.;, of light draught, for the purpose of increasing the
efficiency of .the navy,. Congress responded to tha re-
commendatlhtrby authorizing the construction of cfght
of them. The progress which has been made in exe
cuting this authority, is stated in the report of tho.Se-
cretsry of the Nary. I concur with him in the opin
ion that a greater number or this ctsss Of vessels is
necessary for the purpose of protecting in a more effi
cient manner tho persons and property of American
citizms on the high seas, and in foreign countries, as
well as guarding more effectually our own coast. I
accordingly recommend ths passage of an act for this
** file suggestions contained in toe report of the Sec
retary of the Interior, especially those in regard to the
disposition of the public domain, tho pension and boun
ty land system, the policy towards tho Indians, and
the amendment of our patent laws, are worthy of the
seriaus consideration of Congress.
The Post Offi
different from Ss
many years it was the policy oi the gorernment to
render this a self-sustaining department; and if this
cannot now be accomplished, in tha present condition
of the country, we ought to make as near an approach
to it as may be practicable.
The Postmaster General is placed In a most etubar-
rassirg position by the existing laws. He Is obliged
to carry these into effect. Ho has no other alternative.
He finds, howerer, that this cannot be done without
heavy demands ujion the treasury orer and above what
is received for postage; and these have been progres
sively increasing from year to year until they amoont •
ed for tho last fiscal year ondiug on the 39th June,
1858, to more than four millions and a half of dollars;
whilst it is estimated that for the present fiscal rear
they will amount to $6,290,000. These sums arc ex
clusive of the annual appropriation of $700,000 for
“compensation for the mail service performed for the
two houses of Congress and tho other departments
and officer* of the gorernment in the transportation of
free matter.”
The cause of these deficits is mainly attributable to
the increased expense of transporting tho mails. In
1812 the sum paid f ir this service was but a fraction
shove four millions and a quarter. Since that year it
has annually increased until in 1648 It lias reached
more than eight millions and a quarter; aud for the
service of 1859, it is estimated that it will nmwrat to
more than ten millions of doltai-s.
Tlie receipts of the Post Office Department can bo
made to approach or to equal its expenditures, only by
means of the legislation of Congress. In applying any
remedy, care should be taken that the people shall not
be deprived of toe advantages, which they are fairly
entitled to enjoy from toe Post Office Department—
The principal remedies recommended to tho considera
tion of Congress by the Postmaster General, are to re
store the former rato of postago upon single letters to
five cents; to substitute for the franking privilege the
delivery to those now entitled to enjoy it, of post office
stamps for their correspondence, and to direct the De
partment in making contracts for the transportation of
the matt, to confine itself to the payment ot the sum
necessary for this single purpose, without requiring it
to be transported in post coaches or carriages of any
particular description. Under the present sy stem, the
expense to the government is greatly increased, by re
quiring that too mail shall be carried in such vehicles
as will accommodate passengera. This will be done
without pay from tbe Department, over all roads,
where the travel will remunerate toe contractors. __
These recommendations deserve toe grave couaiKl-
rationof Congress.
I wonld again call your attention to the construction
of a Pacific railroad. Time and reflection have but
served to confirm tne io the truth end justice of the
observation which I made, on this subject, iu my last
annual message, to which I beg leave respectfully to
refer.
It is freely admitted, that it would he inexpedient
for this government to exercise the power of cenitruc-
Ung the Facific Railroad by its own immediate agents.
Such a policy would increase tbe patronage of the cx-
eentire to a dangerous extent, and introduce a sys
tem of jobbing and corruption, which no vigitanqc on
tbe part of federal officials could either prevent or de
tect. This can only be done by the keen eye, and ac
tive and careful supervision of individual aud private
interest. The construction of this road ought, there
fore, to be committed to companies incorporated by the
States or other agencies whose pecuniary interests
would be directly invoked. Congress might than as
sist them iu the work by grants of land or ct money,
or both, under such conditions and restrictions as
would secure tbe transportation ef troops and muni
tions of war fieefrom anv charge, and that of tho-Uni-
tod States mail at a fair and reasonable price.
The progress of events since the commencement of
your last session, has shown how soon difficulties dis
appear before a firm and determined resolution. At
that time inch a road was deemed by wise and patriot
ic men to be a visionary project. The great distance
to be overcome, aod the’ intervening mountains and
deserts in the wav. were obttoclcs which, in the opin
ion of many, could not ho surmounted. Now, after the
lapse of but a sinqle year,these obstacIcs.it has been dis
covered, are far less form'dable than dipv wenii sup
posed to be; and mail stages, with paneengera, now
pass and repass regularly, twice io eech week, hy a
common wagon road between San Francisco and St.
Louis and .Memphis; in less than tweakUr* days.—
The set-rice has been regu ark performed, as ft Vras, in
former years, between Nek York nnd this city.-
Whilst disclaiming ah authority. to appropriate
money for the construction of this road, except that
derived from the war-making power of Uio Constitu
tion, there are important collateral considerations urg
ing ns to undertake tho work as speedlyns possible.
Tbe first and most momeotons of these is, that such
a road wonld be a powerful bond ol uuiou between
the States East aud West of tbe Rocky Mountains.—
This is so selferidedt ss to require no illustration.
But again, in a commercial point of view, I consider
this the great question of the day. With the eastern
front of our republic stretching along the Atlantic,
and its western Iront along the Pacific, if all the parts
meet even the ordinary expenses of government, ougui: Had this been the intention
should bo uailed by a safe, easy and rapid inL-rcom-
munication, we must necessarily command a very large
proportion of the trade both of Europe and Asia. Onr
recent treaties with China and Japan will open these
rich and populous empires to car commerce; and too
history of the world proves tbst the nation which has
gained possession of toe trade with Eastern Asia. has.
always become wealthy and powerful. The peculiar
geographic*I petition of California and our Facific
possessions, invites American capital and enterprise
into this fruitful field. To reap the rich harvest, how
ever, it is an indispensable prerequisite, that we shall
first have a railroad to convey and circulate its pro
ducts throughout every portion of tbe Union. Be
sides, Bitch a railroad to rough oqr temperate latitude,
which would not bo impeded by the frosts and snoWs
of winter, nor by the tropical neats of summer, would
attract to itself much of the travel aod the trade bf all
nations passing between Europe and Asia.
On the 21st of August last, Lieut. J. N. Maffit ef the
United States brig Dolphin,captured the sisver "Beho/’
(formerly the Putnam of New Orleans), ■ near Kay
Verde on the coast ot Cuba, with more than three
hundred African negroes on board. TJicjirize, under
toe command of Lieut. Bradford ol Ibe United States
nary, arrived at Charleston on the 27tbAegoSt;When
the negroes, three hundred and six in airaber.qwero
delivered into Ibe castody of the United Stales mar
shal for tbe district of Sooth Carolina. They were
first placed in Castle Pinckney, and afterward-; is Fort
Sumier, for safe keeping, ana were detailed there un
til tba 19th September, when the survivor*, two hund
red and strenty-one in 'number, were ileUeorefl on
board toe United State* steamer Niagara, to he trans
ported to the coast of Africa, under the etiarge ot the •
agent of the United States, pursuant lo tlie provisions
ot the act of 3d March, 1819, •• in odditioa to tt»4 acts.
prohibiting the slave trade.” Under tbs 2d section of
thia uct, tbe I’resident is “ authorized y>- rnako such
regulations and arrangements as he may Icem expedi
ent, for tbe safe keeping, support, and rcnovat bqyoud
the limits of the United States, ot all each negroes,
matattoes, or peraoas of color” captured Ity vessels of
(he United States, as may be delivered to,tba,anysltal
of the district into which tney arc brought: “end to
appoint a proper person cr persons residing Upon the
coast of Africa, as agent or agents for recuivltifethc ne
groes, mutattoes, or persons of color, doIkered from •
on boardVesseis seized in the prosccu:i« t Af too slave
trade by commanders of the United SlutiiSfirmed ves-
A d 'iibt immediately arose as to the trachea it ruc
tion of this act. It is quite clear, from flu MftkMp that
the President u.;a uuibcrized to j roridoM* r ifco safe
efiNMitf ji JgNPRJIP I'M
the time of their dcli^try to tha agonl k op tha coast of
Africa; but no express provision was uafrrfnwr
protection and support alter they baa reached tMJtoce
of their destination. Still, an igfctt iofbo 6fltoint-
■ 1 to receive them in Alr.ca;
.>en supposed that Congress i*lcH dedhetoomd*scr»
hem at Ido moment th'-nrere rttviVL 1.^3“ U*U tnuin
Dose on Hut inh«w»*ffl.‘ coast tu of
to beecmi
