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DAILY CONSTITUTIONALIST :
PUBLISHED BY
J AMES GARDNER,
JAMES T. NlSßET—Editor.
AUGUSTA, GrA.
FRIDAY MORNING, DEC. 30, 1859.
message
fellow-citizen4 of the Senate and
House of Representatives :
Our deep and heart felt gratitude is due to that
Almighty Power which has bestowed upon us such
varied and uumerous blessings throughout the
past year. The general health of the country has
been excellent; our harvests have been unusually
plentiful; and prosperity smiles throughout the
laud. Indeed, notwithstanding our demerits, we
have much reason to beiieve, from the past eveuts
in our history, that we have enjoyed the special
protection of Divine Providence ever since our
origin as a nation. We have been exposed to many
threatening and alarming difficulties in our pro
gress ; but on each successive occasiou the im
pending cloud has been dissipated at the moment
ft appeared ready to burst upon our head, and the
danger to our institutions has passed away. May
we ever be under the Divine guidance and protec
tion!
Whilst it is the duty of the President “from
time to time to give to Congress information of the
state of the Union,” I shall not refer in detail to
the recent sad and bloody occurrences at Harper’s
Ferry. Stili, it is proper to observe that these
events, howevtr bad and cruel in themselves, de
rive their chief importance from the apprehension
that they are but symptoms of an incurable dis
ease in the public mind, which may break out in
still more dangerous outrages, andjterminate at
last in an open war by the North to abolish slave
ry in the South. Whilst, for myself, I entertain
no such apprehension, they ought to afford a'
solemn warning to us all to beware of the approach
of danger. Our Union is a stake of such inesti
mable value as to demand our constant and watch
ful vigilance for its preservation. In this vieiv,
let me implore my countrymen, North and South,
to cultivate the ancient feelings forbear
ance and good will towards each olher, and strive
to allay the demon spirit of sectional hatred and
strife now alive in the land. This advice proceeds
from the heart of an old public functionary whose
service commenced in the last generation, among
the wise and conservative statesmen of that day,
now nearly all passed away, and whose first and
dearest earthly wish is to leave his country tran
quil, prosperous, united, and powerful.
We ought to reflect that in this age, and espe
cially in this country, there is an incessant flux
and reflux of public opinion. Questions, w'hich in
their day assumed a most threatening aspect, have
now nearly gone from the memory of men. They
are “volcanoes burnt out, and on the lava and
ushes and squalid scoria? of old eruptions grow the
peaceful olive, the cheering vine, and the sustain
ing corn.” Such, in my opinion, will prove to be
the late of the present sectional excitement, should
those who wisely seek to apply the remedy', con
tinue always to coutine their efforts within the pale
of the Constitution. If this course be pursued, the
existing agitation on the subject of domestic sla
very, like everything human, will have its day and
give place to other and less threatening contro
versies. Public opinion in this country is all-pow
erful; and when it reaches a dangerous excess up
on any question, the good sense of the people will
furnish the corrective and bring it back within
safe limits. Still, to hasten this auspicious result,
at the present crisis, we ought to remember that
every rational creature must be presumed to in
tend the natural consequences of his ow n teach
ings. Those who announce abstract doctrines
subversive of the Constitution and the Union,
must not be surprised should their heated parti
sans advance one step further, and attempt by vio
lence to carry these doctrines into practical effect,
lathis view of the subject it ought never to be
forgotten that, however great may have been the
political advantages resulting from the Union to
every portion of our common country, these would
al!|prove to be as uothing, should the time ever ar
rive when they cannot be enjoyed without serious
danger to the personal safety of the people of fif
teen members of the Confederacy. If the peace of
the domestic fireside throughout these States
should ever be invaded, if the mothers of families
within this extensive region should not he able to
retire to rest at n ght without suffering dreadful
apprehensions of what may be their own fate and
that of their children before the morning, it would
be vain to recount to such a people the political
benefits which result to- them from the Union.
Self-preservation is the first instinct of nature; aud
therefore any state of society in which the sword
is all the time suspended over the heads @f the
people, must at last become intolerable. But I
indulge in no such gloomy forebodings. 011 the
contrary, I firmly believe that the events at Har
per’s Ferry, by causing the people to pause and
reflect upon the possible peril to their cherished
institutions, will be the means, under Providence,
of allaying the existing|excitement; and preventing
future outbreaks of a similar character. They
will resolve that the Constitution and the Union
shall not be endangered by rash counsels, know
ing that, should “the silver cord be loosed or the
golden bowl be broken * * at the fountain,”
human power could never re unite the scattered
and hostile fragments.
I cordially congratulate you upon the final set
tlement by the Supreme Court of the United States
of the question of slavery in the Territories, which
had presented an aspect so truly formidable at
the commencement of my Administration. The
right has been established of every citizen to take
his property of any kind, including slaves, into
the common Territories belonging equally to all
the States of the Confederacy, and to have it pro
tected there under the Federal Constitution. Neith
er Congress nor a Territorial Legislature, nor any
human power, has any authority to annul or impair
this vested right. The Supreme judicial tribunal
of the country, which is a co-ordinate branch of
the Government, has sanctioued aud affirmed these
principles of constitutional law, so manifestly jus*,
in themselves, and so well calculated to promote
peace and harmony among the States. It is a
striking proof of the sense of justice which is in
herent in our people, that the property in slaves
has never been disturbed, to my knowledge, in
any of the Territories. Even throughout the late
troubles in Kansas there has not b en any attempt,
as I am credibly informed, to interfere, in a single
instance, with the right of the master. Had any
such attempt been made, the judiciary would,
doubtless, have afforded an adequate remedy.
Should they fail to do this hereafter, it will then
be time enough to strengthen their hands by fur
ther legislation. Had it been decided that either
Congress or the Territorial Legislature possess
the power to annul or impair the right to property
in slaves, the evil would be intolerable. In the
latter event, there would be a struggle for a ma
jority of the members of the Legislature at each
successive election, and the sacred rights of pro
perty held under the Federal Constituiion would
depend for the time being on the result. The agi
tation would thus be rendered incessant whilst
the Territorial condition remained; and its bane
ful influence would keep alive a dangerous excite
ment among the people of the several States.
Thus has the status of a Territory, during the
intermediate period from its first settlement until
it shall become a State, been irrevocably fixed bv
the final decision of the Supreme Court. Fortu
nate has this been for the prosperity of the Terri
tories, as well as the tranquility of the States.
Now, emigrants from the North and the South, the
East and the West, will meet in the Territories on
a common platform, having brought with them
that species of property best adapted, in their own
opinion, to promote their welfare. From natural
causes the slavery question will in each case soon
virtually settle itself; and before the Territory is
prepared for admission as a State into the Union
this decision, one way or the other, will have been
a foregone conclusion. Meanwhile the settlement
of the new Territory wilt proceed without serious
interruption, and its progress and prosperity will
not be endangered or retarded by violent political
struggles.
When 111 the progress of events the inhabitants
of any Territory shall hare reached the number
required to form a State, they will then proceed,
in a regular manner, and in the exercise of the
rights of popular sovereignty, to form a Constitu
tion preparatory to admission into the Union.
After this has been done, to employ the language
of the Kansas and Nebraska act, they “ shall be
received into the Union with or without slavery,
as their Constitution may prescribe at the time of
their admission.” This sound principle has hap
pily been recognised, in some form or other, bv an
almot unanimous vote of both Houses of the last
Congress.
All lawful means at my command have been em
ployed, and shall continue to he employed, to exe
cute the laws against the African slave-trade. Af
ter a most careful and rigorous examination of our
coasts, and a thorough investigation of the subject,
we have not been able to discover that any slaves
have been imported into the United States except
the cargo by the Wanderer, numbering between
three and four hundred. Those engaged in this
unlawful enterprise have been rigorously prosecu
ted ; but not with as much success as their crimes
have deserved. A number of them are still under
prosecution.
Our history proves that the Fathers of tiie Re
public, in advance of all oiher nalions, condemned
the African slave trade. It was, notwithstanding,
deemt-d expedient by the framers of the Constitu
tion to deprive Congress of the power to prohibit
“the migration or importation of such persons as
any of the States now' existing shall think proper
to admit” “prior to the year one thousand
hundred and eight.” 0 ,
It will be seen that this restriction on the pow
er of Congress was confined to such States only as
might think proper to admit tbe importation of
slaves, it did not extend to other States or to the
trade carried on abroad. Accordingly, we find
that so early as the 22d March, 171)4* Congress
passed an act imposiug severe penalties and pun
ishments upon citizens and residents of the Unit
ed States who should engage in this trade between
foreigu nations. The provisions of this act were
exteuded and enforced by the act of 10th May,
1800.
Again: The States themselves had a clear right
to waive the constitutional privilege intended for
their benefit, and to prohibit, by their own laws,
this trade at any time they thought proper previ
ous to 1808. Several of them exercised this right
before that period, and among them some contain
ing the greatest number of slaves. This gave to
Congress the immediate power to act in regard to
all such States, because they themselves had re
moved the constitutional barrier. Congress ac
cordingly passed an act on 28th February, 1803, “to
prevent the importation of certain persons into cer
tain States where, by the laws thereof, their ad
mission is prohibited.” In this manner the im
portation of African slaves into the United States
was. to a great extent, prohibited some years in
advance of 1808.
As the year 1808 approached, Congress deter
mined not to suffer this trade to exist even for a
single day after they had the power to abolish it.
On the 2d of March, 1807, they passed an act to
take effect “from and alter the Ist day of January,
1808,” prohibiting the importation of African
slaves into the United States. This was followed
by subsequent acts of a similar character, to which
l need not specially refer. Such were the princi
ples and such the practice of our ancestors more
than fifty years ago in regard to the African slave
trade.
It did not occur to the revered patriots who had
been delegates to the convention, and afterwards
became members of Congress, that in passing
these laws they had violated tbe Constitution
which they had framed with so much care and de
liberation. They supposed that to prohibit Cou
gress, in express terms, from exercising a specified
power betore an appointed day, necessarily in
volved the right to exercise this power after that
■ day had arrived.
If this were not the case, the framers of the
Constitution had expended much labor in vam.
Had they imagined that Congress would possess
no power to prohibit the trade either before or af
ter 1808, they would not have taken so much care
to protect the States against the exercise of th:s
power before that period. Nay more, they would
not have attached such vast importance to this
provision as to have excluded it from the possi
bility of future repeal or amendment, to which
other portions of the Constitution were exposed.
It would, then, have been wholly unnecessary to
engraft on the fifth article of the Constitution, pre
scribing the mode of its own future amendment,
(he proviso, “ that no amendment which may be
made prior to the year one thousand eight hundred
and eight shall in any manner affect” the provi
sion in the Constitution securing to the States the
right to admit the importation of African slaves
previous to that period.
According to the adverse construction, the
clause itself, on which so much care and discus
sion had been employed by the members of the
Convention, was an absolute nullity from the be
ginning, and all that lias since been done under ii
a mere usurpation.
It was well and wise to confer this power on
Congress, because, bad it been left to the States,
its efficient exercise would have been impossible.
In that event any one State could have effectually
continued the trade, not only for itself but for ail
(he other slave States, though never so much
against their will. And why? Because African
slaves, when once brought within the limits of any
one State, in accordance with its laws, cannot
practically be excluded from any other State where
slavery exists. And even if all 1 lie States had
separately passed laws prohibiting the importa
tion of slaves, these laws would have failed of ef
fect for want of a naval force to capture the slav
ers and to guard the coast. Such a force no
State can employ in time of peace without the
consent of Congress.
These acts of Congress, it is believed, have, wish
very rare and insignificant exceptions, accomplish
ed their purpose. For a period of more than half
a century, there has been no perceptible addition
to the number of our doajesuc slaves. During
this period, their advancement in civilization has
tar surpassed that of any other portion of the Afri
can race. The light anil the blessings of Christi
anity have been extended to them; aud both their
moral and physical condition has been greatly iui
, proved.
1 Re-open the trade, and it would be difficult to
determine whether the effect would be more dele
terious on the interests of the master, or on those
I of the native born slave. Os the evils to the mas
! ter, the one most to be dreaded would be the in
troduction of wild, heathen, and ignorant barbari-
I ans|among the sober, orderly, and quiet slaves,
I whose ancestors have been on the soil for several
generations. This might tend to barbarize, de-
I moralise, and exasperate the whole mass, and pro
duce most deplorable consequences.
Tbe effect upon the existing slave would, if pos
t sible, he still more deplorable. At present he is
treated with kindness and humanity. He is well
fed, well clothed, and not overworked, ills con
r ditiou is incomparably better than that of the
Coolies which modern nations of high civilization
1 have employed as a substitute for Afiican slaves.
. Both the philanthropy ar,d the self-interest of the
» master have combined to produce this humane
result. But let this trade be re-opened, and what
1 will be the effect? The same, to a considerable
extent, as on a neighboring island—the only spot
now on earth where the African slave-trade is
i openly tolerated; and this in defiance of solemn
1 treaties with a power abundantly able at any mo
-1 ment to enforce their execution.. There the master,
intent upon present gain, extorts from the slave
as much labor as his physical powers are capable
of enduring—knowing that, when death comes to
his relief, his place can be supplied at a price
reduced to the lowest point by the competition of
rival African slave-traders. Should this ever be
the case in our country —which I do not deem
possible—tbepiesent useful character ofthe do
mestic institution, wherein those too old and too
young to work are provided for with care and
humanity, and those capable of labor are not
overtasked, would undergo an unfortunate change.
The feeling of reciprocal dependence and attach
ment which now exists between master and slave
would be converted into mutual distrust and hos
tility.
Hut we are obliged, as a Christian and moral ua
tion to consider what would be the effect upon un
happy Africa itself, if we should re-opeu the slave
trade. This would give the trade an impulse and
extens'on which it has never had evenjin its palmi
est days. The numerous victims required to sup
ply it would convert the whole slave coast into a
perfect Pandemonium, for which this country
would be held responsible in the eyes, both of God
aud man. Its petty tribes would then be con
stantly engaged in predatory wars against each
other, for the purpose of seizing slaves to supply
the American market. Al! hopes of Africau civili
zation would thus be ended.
On the other band, when a market for African
slaves shall no longer be furnished in Cuba, and
thus all the world be closed against ibis trade, we
may then indulge a reasonable hope for the grad
ual improvement of Africa. The chief motive of
war among the tribes will cease whenever there is
no longer any demand for slaves. The resources
of that fertile but miserable country might then he
developed by the hand of industry, and afl'ord sub
jects for legitimate foreign and domestic com
merce. In this manner Christianity and civiliza
tion may gradually penetrate ihe existing gloom.
The wisdom of the course pursued by this Gov
ernment towards China, has beeu vindicated by
the event. Whilst we sustained a neutral position
iu the war waged by Great Britain and France,
against the Chinese Empire, our late Minister, in
obedience to his instructions, judiciously co-oper
ated with the ministers of these powers in all
peaceful measures to secure, by treaty, the just
concessions demanded by the interests of foreign
commerce. The result is that satisfactory trea
ties have been concluded with China by therespect
lve Ministers of the United States, Great Britain,
France and Russia. Our “ireatv, or general con
vention of peace, amitv, and commerce,” with that
Empire was concluded at Tientsin, on the 18th of
June, 1858, and was ratified by the President, by,
and with the advice and consent ofthe Senate, on
the 21st December following.
On the 15tb December, 1658, John E. Ward, a
distinguished citizen of Georgia, was duly com
missioned as Envoy Extraordinary and Minister
Plenipotentiary to China. He let! the United
States for the place of his destination on the stli
of February, 1859, bearing with him the ratified
copy of tins treaty, and arrived at Shanghai on
the 28tli May. From thence he proceeded to
Peking on the 16th June, but did not arrive in
that city until the 27th July. According to the
terms of the treaty the ra*i!ica(ions were »o be ex
changed on or before the 18th June, 1859. This
was rendered impossible by reasons and events
beyond his control, not necessary to detail; but
still it is due to the Chinese authorities at Shang
hai to state that they always assured him no ad
vantage should he taken of the delay ; and this
pledge has been faithfully redeemed.
Ou the arrival of Mr. Ward at Pekin he request
ed an audience of the Emperor to present his
letter of credence. This he did not obtain, in cou
sequence of his very proper refusal to submit to
the humiliating ceremonies required by the eti
queG >f this strange people in approaching their
sovereign. Nevertheless, the interviews on this
question were conducted in the most friendly
spirit, and with all due regard to his personal feel
ings and the honor of his country. When a pre
sentation to his Majesty was found to be impossi
ble, ihe letter or credence from the President was
received with peculiar honors by Kweiliang, “the
Emperor’s Prime Minister, and the second man in
the .Empire to the Emperor himself.” The ratifi
cations of th% treaty were afterwards, on the 16th
of August, exchanged in proper form at Pei-tsang.
As the exchange did not take place until after the
day prescribed by the treaty, it is deemed proper,
before its publication, again to submit it to the
Senate.
It is but simple justice to the Chinese authori
ties to observe, that, throughout the whole trans
action, they appear to have acted in good faith
and in a friendly spirit towards the United States.
It is true this has been done after their own pecu
liar fashion ; but we ought to regard with a le
nient eye tbe ancient customs of an empire dating
back for thousands of years, so far as this mav be
consistent with our own national honor. The
conduct of our minister on the occasion has re
ceived my entire approbation.
In order to carry out the spirit of this treaty,
aud to give it lull effect, it became necessary to
conclude two supplemental conventions—the one
tor the adjustment and satisfaction of the claims
of our citizens, and the other to fix the tariff on
imports and exports, aud to regulate the transit
duties and trade of our merchants with China.
This duty was satisfactorily performed by our late
minister. These conventions bear date at Shang
hai on the Bth November, 1858. Having been con
sidered in the light of binding agreements subsid
iary to the principal treaty, and to be carried into
execution without delay, they do not provide lor
any formal ratification or exchange of ratifications
by the contracting parties. This was not deemed
necessary by the Chinese, who are already pro
ceeding in good faith to satisfy the claims of our
citizens, and, if is hoped, to carry out the other
provisions of the conventions. Still I thought it
was proper to submit them to the Senate, by which
they were ratified on the Sd March, 1851). The
ratified copies, however, did not reach Shanghai
until after the departure of our minister to Peking,
and these conventions could not, therefore, be
exchanged at the same time with the principal
treaty. No doubt is entertained that, they will be
ratified and exchanged by the Chinese govern
ment, should this be thought advisable; but,
under (he circumstances presented, l shall con
sider them binding engagements from their date
on both parties, and cause them to be published
as such for the information and guidance of our
merchants trading with the Chinese empire.
It affords me much satisfaction to inform you
that all our difficulties with the Republic of Par
aguay have been satisfactorily adjusted. It hap
pily did not become necessary to employ the force
for this purpose which Congress had placed at my
command, under their joint resolution of 2d June,
1858. On the contrary, the President of that Re
public, in a friendly spirit, acceded promptly to
the just and reasonable demands of the govern
ment of the United States Our commissioner ar
rived at Assumption, the Capital of the Republic,
on the 25th of January, 1859, and left ou the 17th
of February, having in three weeks ably and suc
cessfully accomplished all the objects of his mis
sion. The treaties which he has concluded will
be immediately submitted to the Senate.
In the view that the employment of other than
peaceful means might become necessary to obtain
“just satisfaction” from Paraguay, a strong naval
force was concentrated in the waters of the La
Plata to await contingencies, whilst our commis
sioner ascended the rivers to Assumption. The
Navy Department is entitled to great credit for the
promptness, efficiency and economy with which
this expedition was fitted oat and conducted, it
consisted of nineteen armed vessels, great and
small, carrying 200 guns and 2,600 men, all under
ibe command of the veteran and gallant Shubrick.
The entire expenses of the expedition have been
defrayed out ot the ordinary appropriations for
the naval service, except the sum of $280,000, ap
plied to the purchase of seven of the steamers,
constituting a part of it, under the authority of
the naval appropriation act of the 3rd March last.
It is believed that these steamers are worth more
than their cost, and they are all now usefully and
actively employed in the naval service.
The appearance of so large a force, tilled out in
such a prompt manuer, in the far distant waters
of the La Plata, and the admirable conduct of the
officers and men employed in it, have had a hap
py effect in favor of our country.throughout all
that remote portion of the world.
Our relations with the great empires of France
and Russia, as well as with all other governments
on the continent of Europe, unless we may ex
cept that of Spaiu, happily continue to be of the
most friendly character.
In my last annual message 1 presented s state
ment of the unsatisfactory condition of our relations
with Spain ; and 1 regret to say that this has not
materially improved. Without special reference
to other claims, even the “Cuban claims,” the
payment of which has been ably urged by our
ministers, and in which more than a hundred of
our citizens are directly interested, remain unsatis
fied, notwithstanding both their justice and their
amount ($128,635 54) had been recognised and
ascertained by the Spanish government itself.
I again recommend that an appropriation be made
“to be paid to the Spanish government for the pur
pose of distribution among the claimants in the
Amistad case.” In common with two of my pre
decessors, I entertain no doubt that this is requir
ed by out - treaty with Spam of the 27th October,
1795. The failure to discharge this obligation has
been employed by lhe cabinet of Madrid as a rea
son agajnst the settlement of our claims.
1 need not repeat the arguments which I urged
iu my last annual message in favor of the acquisi
tion of Cuba by fair purchase. My - opinions on
that measure remain unchanged. 1, therefore,
again invite the serious attention of Congress to
this important subject. Without a recognition of
this policy on their part, it will he almost impossi
ble to institute negotiations with any reasonable
prospect of success.
Until a recent period there was good reason
to believe that I should be able to announce to
you on the present occasion that our difficulties
with Great Britain, arising out of the Clayton and
Bulwer treaty, had been finally adjusted iu a man
ner alike honorable and satisfactory to bolh par
ties. From causes, however, which the British
government hud not anticipated, they have not
yet completed treaty arrangements with the Re
publics of Honduras and Nicaragua, iu pursuance
of the understanding between the two govern
ments. It is, nevertheless, confidently expected
that this good work will ere long be accomplished.
Whilst indulging the hope that no other subject
remained which could disturb the good under
standing between the two countries, the question
arising out of the adverse claims of the parties to
the Island of San Juan, under the Oregon treaty
of the 15th of June, 1846, suddenly assumed a
threatening prominence. In order to prevent un
fortunate collisions on that remote frontier, the
late Secretary of State, on the 17th July, 1855,
addressed a note to Mr. Crampton, then British
minister at Washington, communicating to him a
copy of the instructions which he [Mr. Murcv] had
given, on the 14th July, to Gov. Stevens, of Wash
ington Territory, having a special reference to an
“ apprehended conflict between our citizens and the
British subjects on the Island of San Jnan.” To
prevent this, the governor was instructed “that
the officers of the Territory should abstain from all
acts on the disputed grounds which are calculated
to provoke any conflicts, so far as it can be done
without implying the concession to the authorities
of Great Britain of an exclusive right over the
promises. The title ought to be settled before
either party should attempt to exclude the other by
forc<*, or exercise complete and exclusive sovereign
rights within the fairly disputed limits.”
In acknowledging the receipt on the next day
of Mr. Marcy’s note, the British minister express
ed his entire concurrence “in the propriety of the
course recommended t?i the Governor of Washing
ton Territory by your [ Mr. Marcy’sJ instructions to
that officer,” and statingthat he had “lost no time
in transmitting a copy of that document to the
Governor-general of British North America,” and
had “earnestly recommended to "his Excellency
to take such measures as-to him may appear best
calculated to secure, on the part of the British lo
cal authorities and the inhabitants of the neigh
borhood of the line in question, the axercise of the
same spirit of forbearance which is inculcated by
you [Mr. Marcyl on the authorities and citizens of
the United States.”
Thus matters remained upon the faith of this
arrangement until the 9th July last, when Gen.
Harney paid a visit to the Island. He found upon
it twenty-five American residents w ith their fami
lies, and also au establishment of the Hudson’s
Bay Company for the purpose of raising sheep.—
A short time before his arrival one of these resi
dents had shot an auimal belonging to the com
pany, whilst trespassing upon his premises, for
which, however, he offered to pay twice its value;
but that was refused. Soon after “the chief factor
of the company at Victoria, Mr. Dalles, son-in-law
of Governor Douglas, came to the Island in the
British sloop-of-war Satellite, and threatened to
take “this American (Mr. Cutler) by force to
Victoria, to answer for the trespass he had com
mitted. The American seized his rifile and told
Mr. Dalles if any such attempt was made he would
kill him on the spot. The affair then ended.”
Under these circumstances, the American set
tlers presented a petition to the General, “through
the United States inspector of customs, Mr. Iluhbs,
to place a force upon the island to protect them
from the Indians as well as the oppressive inter
ference of the authorities of the Hudson Bay Com
pany, at Victoria, with their rights as American
citizeus.” The General immediately responded to
this petition, and ordered Capt. George E. Pickett,
9th infantry “to establish his company on Belle
vue, or San Juan island, on some suitable position
near the harbor at the South-eastern extremity.”
This order was promptly obeyed, and a military
post was established at the place designated. The
force was afterwards increased, so that by the last
return the whole number of troops then on the
island amounted in the aggregate to six hundred
and ninety-one men.
Whilst 1 do not deem it proper on the present
occasion to go further into the subject, and dis
cuss the weight which ought to be attached to the
statements of the Bijtish cojouial authorities, con
testing the accuracy of the information on which
tne gallant General acted, it was due to him that I
should thus present his own reasons for issuing
the order to Captain Pickett. From these it is
quite clear his object was to prevent the British
authorities on \ ancouver’s Island from exercising
jurisdiction over American residents on the Island
of ban Juan, as well as to protect them against
the incursions of the Indians.
Much excitement prevailed for some time
throughout that region, aud serious danger of
collision between the parties was apprehended.
The British had a large naval force in the vicinity
and it is but an act of simple justice to the Adnii-
Tvil on ttint station to stato that ho wisely and dis
creetly forebore to commit any hostile act, but de
termined to refer the whole affair to his Govern
ment and await their instructions.
This aspect of the matter, in my opinion de
manded serious attention. It would In ~e been a
great calamity for both nations had they been
precipitated into acts of hostility, uot on ;he ques
tion ol title to the island, but merely concerning
what should be its condition during the interven
lug period whilst the two Governments might be
employed in settling the question to which of
them it belongs. For this reason Lieutenant-Gen
eral bcott was despatched on the 17th September
last to \\ ashington Territory to take immediate
command of the United States forces on the Pa
cific coast, should he deem this necessary. The
mi »P object of his mission was to carry out the
spirit ot the precautionary arrangement between
the late Secretary of State and the British Minis
ter, and thus to preserve the peace and prevent
collision between the British and American au
thorities pending the negotiations between the two
Governments.
J'.utertaining no doubt of the validity of our ti
tle, 1 need scarcely add that, in any event, Ameri
can citizens were to be placed on a looting at least
as favorable as that of British subjects, it being
understood that Captain Pickett’s company should
remain on ihe island. It is proper to observe that,
considering the distance from the scene of action,
and iu ignorance ol what might have transpired
on the spot before the General’s arrival, it was
necessary to leave much to his discretion; and I
am happy to state that the event has proven that
this discretion could not have been iutrusted to
more competent hands. General Scott Tias recent
ly returned from his mission, having successfully
accomplished its objects; and there is no longer
any good reason to apprehend a collision between
the forces ol the twucountries during the penden
cy of the existing negotiations.
I regret to inform you that there has been no
improvement in the affairs of Mexico since my
last annual message, and l am again obliged to
ask the earnest attention of Congress to the un
happy condition of that Republic.
The constituent Congress of Mexico, which ad
journed on the 17 th of February, 1857, adopted a
Constitution, and provided for a popular election.
This took place in the following July, [1857,] and
General Comonfort was chosen President, almost
without opposition. At the same election a new
Congress was chosen, whose first session com
menced on the 16th of September, [1857.] By the
Constitutiomof 1857, the Presidential term was to
begin on the Ist of December, [18,57,] and continue
for four years. On that day General Comonfort
appeared before the assembled Congress in the
city of Mexico, took the oath to support the new
Constitution, and was duly inaugurated as Presi
dent. Within a month afterwards he had been
driven from the capital, and a military rebellion
had assigned the supreme power of the Republic
to General Zuloaga. The Constitution provided
that in the absence of the President his office
should devolve upon the Chief Justice of the Su
preme’Conrt; and. General Comonfort having left
the country, this functionary, General Juarez, pro
ceeded to form, at Guanajuato, a constitutional
Government.
Before this was officially known, however, at the
capital, the Government of Zuloaga had been re
cognised by the entire diplomatic corps, including
the Minister of the United States, as the de facto
Government of Mexico. The constitutional Presi
dent, nevertheless, %iaintained his position with
firmness, and was soon established with his cabi
net at Vera Cruz. Meanwhile, the Government of
Zuloaga was earnestly resisted in many parts of
the Republic, and even in the capital, a portion of
thejarmv having pronounced against it, its func
tions were declared terminated, and au|Assembly
of citizens was invited for the choice of a new
President. This Assembly elected Gen. Miramo ;
but that officer repudiated the plan under which
lie was chosen, and Zuloaga was thus restored to
bis previ ms position, lie assumed it, however,
only to withdraw from it, and Miramon, having
become, by his appointment, “President Substi
tute,” continues, with that title, at the head of the
insurgent party.
In my last annual message I communicated to
Congress the circumstances under which the. late
Minister of the United States suspended his offi
cial relations with the Central Government, and
withdrew front the country, it was impossible to
maintain friendly intercourse with a Government,
like that at the Capital, under whose usurped au
thority wrongs were constantly committed, but
never redressed, llad this been an established
Government, with its power extending, by the
consent of the people, over the whole of Mexico, a
resort to hostilities against it would have been
quite justifiable, and indeed necessary. But the
country was a prey to civil war; and it was hoped
that the success of the constitutional President
might lead to a condition of things less injurious
to the United States. This success became so
probable that, in January last, I employed a relia
ble agent to visit Mexico, and report to me the
actual condition and prospects of the contending
parties. Inconsequence of his report, and from
information which reached me from other sources,
favorable to the prospects of the constitutional
cause, 1 felt justified in appointing a new Minister
to Mexico, who might embrace the earliest suita
ble opportunity of restoring our diplomatic rela
tions with that Republic.
For this purpose a distinguished citizen of Ma
ryland was selected, who proceeded on his mission
ou the Bth of March last, with discretionary au
thority to recognise the Government of President
Juarez, if, on his arrival in Mexico, he should find
it entitled to such recognition, according to the
established practice of the United States. On the
7th of April following, Mr. McLane presented his
credentials to President Juarez having no hesita
tion “in pronouncing the Government of Juarez to
be the only existing Goveruinent’of the Republic.”
He was cordially received by the authorities at
Vera Cruz; and they have ever since manifested
the most friendly disposition towards the United
States. Unhappily, however, the constitutional
Government bus not been able to establish its
power over the whole Republic. It is supported
by a large majority of the people and the States,
but there are important pans of the country where
it can enforce no obedience. General Miramon
maintains himself at the capital; and in someot
the distant provinces there are military governors
who pay little respect to the decrees of either Gov
ernment.
In the meantime the excesses which always
attend upon civil war, especially in Mexico, are
constantly recurring. Dutrages ol' the worst de
scription are committed, both upon persons and
property. There is scarcely any form of injury
which has not been suffered by our citizens iii
Mexico during the last few years. We have been
nominally at peace with that Republic, but “so
far as the interests of our commerce or of our citi
zens who have visited the country as merchants,
shipmasters, or in other capacities, are concerned,
we might as well have been at war.” Life has
been insecure, property unprotected, and trade im
possible,except at a risk of loss whichjpiudent men
cannot be expected to incur. Important contracts,
involving large expenditures, entered into by the
Central Government, have beeu set at defiance by
the local Governments. Peaceful American resi
dents, occupying their rightful possessions, have
beeu suddenly expelled the country, in defiance of
treaties, and by the mere force of arbitrary power.
Even the course of justice bus not beeu safe from
control; and a recent decree of Mirumon permits
the intervention of Government in all suits where
either party is a foreigner. Vessels of the Unfed
States have been seized without law, and a consu
lar officer who protested against such seizure has
been fined and imprisoned for disrespect to the
authorities.
Military contributions hare been levied in vio
lation of every principle of right; and the Ameri
can who resisted the lawless demand has had his
property forcibly taken away, and has been him
self banished. From a conflict of authority in
different parts of the country, tariff duties which
have been paid in one place have been exacted
over again in another place. Large numbers of
our citizens have been arrested and imprisoned
without any form of examination, or any opportu
nity for a hearing, and even when released have
only obtained their liberty after much suffering
and injury, and without unv hope of redress. The
wholesale massacre of Crabbe and his associates
without trial in Sonora, as well as the seizure and
murder of four sick Americans who had taken
shelter in the house of an American, upon the
soil of the United States, was communicated to
Congress at its last session.
Murders of a still more atrocious character have
been committed in the very heart of Mexico, un
der the authority of Miramon’s Government, dur
ing the present vear. Some of these were only
worthy of a barbarous age; and, if they had not
been clearly proven,would have seemed impossi
ble in a country which chums to be civilized. Os
this description was the brutal massacre in April
last, by order of Gen. Marquez, of three American
physicians, who were seized in the hospital at
Tacubaya while attending upon the sick and the
dying of both parties, and without trial, as with
out crime, were hurried away to speedy execution.
Little less shocking was the recent fate of Ormond
Chase, who was shot in Tepic on the 7th of Au
gust by order of the same Mexican General, not
only without a trial, but w ithout any conjecture
by his friends of the cause of li is arrest. He is rep
resented as a young man of good character and
intelligence, who had made numerous friends in
Tepic by the courage and humanity which he had i
displayed on several trying occasions, and his
death was as unexpected'as it was shocking to the
whole community. Other outrages might be en
umerated, but these are sufficient to illustrate the
wretched state of the country, and the unprotected
condition of the persons and property of our citi
zens in Mexico.
In all these cases our Ministers have been con
stant and faithful in their demands for redress ;
but both they and this Government, which they
have successively represented, have been wholly
powerless to make their demands effective. Then
testimony in this respect, and in reference to the
only remedy which, in their judgments, would
meet the exigency, has been both uniform and
emphatic. “Nothing but a manifestation of the
power of the Government of the United States
(wrote our Minister in 1856,) and of ts pur
pose to punish wrongs will avail. I assure you
that the universal belief here is that, there is noth
mg to be apprehended from the Government of
the United States, aud that local Mexican officials
can commit these outrages upon American citizens
with absolute impunity.” “ 1 hope the President *
(wrote our present Minister iu August last,) 11 will
feel authorised to ask from Congress the power to
enter Mexico with the military forces of the United
States, at the call ot the constitutional authorities,
in order to protect the citizens and the treaty fights
of the United States. Unless such a power is con
ferred upon him, neither the one nor the other will
be respected in the existing state of anarchy aud
disorder, aud the outrages already perpetrated
will never be chastised; and, as I assured you in
my No. 23, all these evils must increase untii every'
vestige ol order and government disappears from
the country.” I have been reluctantly led to the
same opinion, and, in justice to my T countrymen
who have suffered wrongs from Mexico, and who
may still sutler them, I feel bound to anuouuce this
conclusion to Congress.
The case presented, however, is not merely a
case of individual claims, although our just claims
against Mexico have reached a very large amount.
Nor is it merely the case of protection to the lives
and property ot the few Americans who may still
remain iu Mexico, although the life and property
of every American ought to be sacredly protected
in every quarter of the world. But it is a ques
tion which relates to the future, as well as to the
present and the past, and which involves, indi
rectly at least, the whole subject of our duty to
Mexico as a neighboring State. The exercise of
the power of the United States in that country
to redress the wrongs and protect the rights of
our own citizens is none the less to be desired be
cause efficient and necessary aid may thus be ren
dered at the same time lo restore peace and order
to Mexico itself. In the accomplishment of this
result the people of the United States must neces
sarily feel a deep and earnest interest. Mexico
ought to be a rich aud prosperous and powerful
Republic. She possesses an extensive territory, a
fertile soil, and an incalculable store of mineral
wealth. She occupies an important position be
tween the Gulf and the ocean for transit routes
and for commerce.
Is it possible that such a country as this can be
given up to anarchy and ruin without an effort
irom aDy quarter for its rescue and its safety! Will
the commercial nations of the world, which have
so many interests connected with it, remain wholly
indifferent to such a result? Can the United
States, especially, which ought to share most
largely in its commercial intercourse, allow their
immediate neighbor thus to destroy itself and in
jure them? Yet, without support from some
quarter, it is impossible to perceive how Mexico
can resume liar position among nations and enter
upou a career which promises any good results.
The aid which she requires, and which the inter
ests of all commercial countries require that she
should have, it belongs to this Government to ren
der, not only by virtue of our neighborhood to
Mexico, aloug whose territory we have a continu
ous frontier of nearly a thousand miles, but by
virtue, also, of our established policy, which is
inconsistent with the intervention£of any Euro
pean Power in the domestic concerns of that Re
public.
The wrongs which we have suffered from Mex
ico are before the world, and must deeply impress
every American citizen. A Government which is
either unable or unwilling to redress such wrongs
is derelict to its highest duties. The difficulty con
sists in selecting and enforcing the remedy. We
may, in vain, apply to the Constitutional Govern
ment at Vera Cruz, although it is well disposed to
do us justice, for adequate redress. Whilst its au
dio! ity is acknowledged m all the important ports
and throughout the sea coasts of the Republic its
power does not extend to the city of Mexico aud
the States in its vicinity, where nearly all the re
cent outrages have been committed on American
citizens. We must penetrate into the interior before
we eau reacli the offenders, and this can only be
done by passing through the territory in the oc
cupation of the Constitutional Government.
The most acceptable and least difficult mode of
accomplishing the object will be to act in concert
with that Government. Their consent and their
aid might, I believe, be obtained ; but if not, our
obligation to protect our own citizens in their’iust
rights, secured by treaty, would not be the less
imperative. For these reasons, I recommend to
Congress to pass a law authorizing the President,
under such conditions as they may deem expedi
ent, to employ a sufficient military force to enter
Mexico for the purpose of obtaining indemnity for
the past and security for the future. I purposely
refrain from any suggestion as to whether this
force shall consist of regular troops or volunteers,
or both. This question may be most appropriate
ly left to the decision of Congress.
I would merely observe that, should volunteers
be selected, such a force could be easily raised in
this country among those who sympathize with
the sufferings of our unfortunate fellow-citizens in
Mexico, and with the unhappy condition of that
Republic. Such an accession to the forces of the
Constitutional Government would enable it soon to
reach the city of Mexico, and extend its power over
the whole Republic. In that event there is no
reason to doubt that the just claims of our citizens
would be satisfied and adequate redress obtained
for the injuries inflicted upon them. The Consti
tutional Government have ever evinced a strong
desire to do us justice ; and this might be secured
in advance by a preliminary treaty.
It may be said that these measures will, at least
indirectly, be inconsistent with our wise and set
tled policy not to interfere in the domestic con
cerns of foreign nations. Rut does not the present
case fairly constitute an exception ? An adjoining
Republic is in a state of anarchy and confusionj
from which she has proved wholly unable to ex
tricate herself. She is entirely destitute of the
power to maintain peace upon her borders, or to
prevent the incursions of banditti into our terri
tory. In her fate and in her fortune—in her pow
er to establish and maintain a settled govern
ment- we have a far deeper interest, socially, com
mercially, and politically, than any other nation.
She is now a wreck upon the ocean' drifting about
as she is impelled by different factions. As a good
neighbor, shall we not extend to her a helping
hand to save her? If we do not, it would not be
saprising should some other nation undertake the
task, and thus force us to interfere at last, under
circumstances of increased difficulty, for the main
tenance of our established policy.
I repeat the recommendation contained in my
last annual message, that authority may be given
to the President to establish one or more tempo
rary military posts across the Mexican line in So
nora and Chihuahua, where these may be neces
sary to protect the lives and property of Amenean
and Mexican citizens against the incursions and
depredations of the Indians, as well as of lawless
rovers on that remote region. The establishment
of one such post at a point called Arispe, in So
nora, in a country now almost depopulated by the
hostile inroads of the Indians from our side of the
line, would, u is believed, have prevented much
injury and many cruelties during the past season.
A state of lawlessness and violence prevails on that
distant frontier. Life and property are there wholly
insecure. The population of Arizona, now num
bering more than ten thousand souls, are practi
cally destitute of government, of laws, or of any
regular administration of justice. Murder, rapine,
and other crimes are committed with impunity.
I, therefore, again call the attention of Congress
to the necessity for establishing a Territorial Gov
ernment over Arizona.
The treaty with Nicaragua of the 16th February,
1857, to which I referred in my last annual mes
sage, failed to receive the ratification of the Gov
eminent of that Republic, for reasons which I need
uot enumerate. A similar treaty has been since
concluded between the parties, bearing date on the
tilth March, 1859, which has already been ratified
by the Nicaraguan Congress. This will be imme
diately submitted to the Senate for their ratifica
tion. Its provisions cannot, 1 think, fail to be
acceptable to the people of both countries.
Our claims against the Governments of Costa
Rica and Nicaragua remain unredressed, though
they are pressed in an earnest manner, and uot
without hope of success.
1 deem it to be my duty, once more, earnestly,
to recommend to Congress the passage of a law au
thorising the President to employ the naval force
at his command, for the purpose of protecting the
lives and property of American citizens passing in
transit across the Panama, Nicaragua, and Te
huantepec routes, against sudden and lawless out
breaks and depredations. I shall not repeat the
arguments employed in former messages in sup
port of this measure. Suffice it to say, that the
lives of many of our people, and the security of
vast amounts of treasure passing and repassing
over one or more of these routes between the At
lantic and Pacific, may be deeply involved in the
action of Congress on this subject.
L would, also, again recommend to Congress
that authority be given to the President to employ
the naval force to protect American merchant ves
sels, their crews and cargoes, against violent and
lawless seizure and confiscation in the ports of
Mexico and (he Spanish American States, when
these countries may be in a disturbed and revolu
tionary condition. The mere knowledge that such
an authority had been conferred, as I have already
stated, would of itself, in a great degree, prevent
tbe evil. Neither would this require any addition
al appropriation for the naval service.
The chief objection urged against the grant of
this authority is, that Congress, by conferring it,
would violate the Constitution—that it would be a
transfer of the war-making, or, strictly speaking,
the war-declaring power to the Executive. If this
were well founded, it would, of course, be conclu
sive. A very brief examination, however, will
place this objection at rest.
Congress possesses the sole and exclusive power,
under the Constitution, “to declare war.’’ They
alone cau “raise and support armies,” and “pro
vide and maintain a navy.” But after Congress
shall have declared war, and provided the force
necessary to carry it on, the President, as Com
mander-in-Chief of the Army and Navy, can
alone employ this force in making W’ar against the
enemy. This is the plain tan. uage; and history
proves that it was the well-known intention of the
framers of the Constitution.
It will not be denied that the general “ power
to declare war ’ is without limitation, and em
braces within itse'f not only what writers on the
law ot nations term a public or perfect war, but
also an imperfect war—and, in short, every species
of hostility however coutined or limited! With
out the authority of Congress, the President cannot
fire a hostile gun in any case, except to repel the
attacks of an enemy. It will not be doubted that
under this power Congress could, if they thought
proper, authorize the President to employ the force
at his commaud to seize a vessel belonging to an
American citizen, which had been illegally and un
justly captured in a foreign port, and'restore it to
its owner. But can Congress only act after the
fact—after the mischief has been'done? Have
they no power to confer upon the President the
authority in advance to furnish instant redress
should such a case afterwards occur? Must they
wait until the mischief has been done; and cau
they apply the remedy only when it is too late?
To confer this authority to meet future cases
under circumstances strictly specified, is as clearly
withiu the war-declaring power as such an authori
ty conferred upon the Presideut by act of Congress
afterjthe.deed had been done. In the progress of a
great nation many exigencies must arise impera
tively requiring that Congress should authorize
the President to act promptly on certain couditions
ydiich may or may not afterwards arise. Our his
tory has already presented a number of such cases.
I shall refer only to the latest.
Under the resolution of June 2d 1858, “f>r the adjustments
of difficulties with the Republic of Paraguay,” th« President is
“authorized to adopt such measures anil use such force as in
his judgment may be necessary and advisable in the event of
a refusal of just satisfaction by the Government of Paraguay ”
“Just satisfaction” for what? For "the attack on the Uni
ted States steamer Water Witch,” and “ other matters referred
to in the annual message of the President." Here the power
is expressly granted upon the condition that the Government
of Paraguay shall refuse to render this “just satisfaction,” In
I his and other similar cases Congress have conferred upon the
President power in advance to employ the army and navy up
on the happening of contingent future events; and this most
certainly is embraced within the power to declare war.
Now, if this conditional and contingent power could be con
stitutionally conferred upon the President in the ease of Par
aguay, why may it not be conferred for the purpose of pro
tecting the lives and property of American citizens, in the
event that they may be violently and unlawfully attacked in
passing over the transit routes to and from California, or as
sailed by the seizure of their vessels in a foreign port ? To
deny th'is powe is to render the navy in a great degree useless
for the protection ot the lives and property of American cit
izens in countries where neither protection nor redress can be
otherwise obtained.
The Thirty-Uftli Congress terminated on the 3d of March,
1859, without having passed the “act making appropriations
for the service of the Post Office Department during the fiscal
year ending the 30th June, 1800.” Thus act also contained an
anpropriation “to supply deficiencies in the revenue of tlie
Post Office Department for the year ending the 30th of June.
1869." 1 believe this is the first instance since the origin of
the Federal Government, now more than seventy years ago,
when any Congres went out or existence without having pass
ed all the general appropriation bills necessary to carry on the
Government until the regular period for the meeting of a new
Congress. Tins event imposed on the Executive a grave re
sponsibility. It presented a choice of eviis.
Had this omission of duty occurred at the first session ot the
last Congress, the remedy would have been plain. I might
then have instantly recalled them to complete their work
arid this without expense to the Government . But on the 4th
ot March last, there were fifteen of the thirty-three states
which had not elected any Representatives to the present Con
gress. Had Congress been called together immediately, these
States wou d have been virtually disfranchised. If an inter
mediate period had been selected, several of the States would
have been compelled to hold extra sessions of their Legisla
tures, at great, inconvenience and expense, to provide for elec
tions at an earlier day than that previously fixed by law. In
the regular course, ten of these States would not elect until af
ter the beginning of August, and five of these ten not until
October and November.
On the other hand, when I came to examine carefully the
condition of the Post Office Department, I did not meet as
many, or as gieat, difficulties a3 I had apprehended. Had the
hill which failed been confined to appropriations for the fiscal
jft-ar ending on the 30th J une next, there would have been no
reason of pressing importance for the call of an extra session.
Nothing would become due on contracts (those witli railroad
companies only excepted)for carrying the mail • the first quar
ter of tli« present fiscal year, commencingon the Ist July, until
the Ist of December—less than one week before the meeting
oft he present Congress. The reason is, that the mail contrail
tors for this current year did not complete the r first quarter's
service until the 3H.h of Peptembi r last; and by the terms of
their contracts, sixty days more are allowed for the settle
ment of their accounts before the Department could be called
upon for payment.
The great difficulty and the great hardship consisted In the
failure to provide tor the payment of the deficiency in the fis
cal year ending th» 3)th Juue, 1859. The Department had
entered into contracts, in obedience -to existing laws, for the
serviceof that fl.-eal year, and the contractors were fairly enti
tled to their compensation as it became due. The deficiency
as stated in the bill amounted to 13,538,728. but after a care ui
settlementof all these accounts, it has been ascertained t hat
it araouuts to $4,296 009. With the scanty means at his com
mand ttie Postmaster General h is managed to pay that por
tion of this deficiency which occurred in the first two quarters
of the past fiscal y ar. ending on the 31st December last. In
the meantime the contractors themselves, under these trying
circumstances, have behaved in a manner wortky of all com
mendation. They had one resource in the midst of their em
barrassmeu’s. After the amount due to each of them had
been ascertained and finally settled according to iaw, this be
came a specific debt of record against the United States, which
enabled them to borrow money ou this unquestionable securi
ty. Still they were obliged to pay interest in consequence of
the default ot Congress, and ou every principle of justice ought
to receive interest tiom the Government, i his interest should
commence from the date when a warrant would have issued
iorthe payment of the principal had an apnn priution been
made for this purpose. Calculated up to Ist December, it wi.i
nor exceed $96,660—a sum not to be taken into account when
contrasted with the great difficulties anil embarrassments of a
public ami private character, both to the people aud the
States, which would have resulted from convening and hold
ing a special session of Congress,
S' or these reasons I recommend the passage of a bill, at as
early a day as may be practicable, to provide for the payment
of ttie amount, with interest, due to these last mentioned con
tractors, as well as to make the necessary appropriations for
ttie service ot the Post Office Department for the current fiscal
year.
The failure to pass the Post Office bill necessarily gives birth
to serious reflections. Congress, by refusing, to pass the gen
eral appropriation bills necessary to carry on the Government
may not only arrest its action, but might even destroy its exl
istence. The army, the mvy, the judiciary, in short, every
department of the Government can no longer perform their
functions if Congress retuse the money necessary for their sup
port. If this failure should ,t< ach the country the necessity of
electing a full Congress in sufficient time to enable the Presi
dent to convene them in any emergency, even immediately
after the old Congress has expired, it •will have been produc
tive of great good. In a time of sudden and alarming danger,
foreign or domestic, which all nations must expect to encoun
ter in their progress, the very salvation of our institutions may
be staked upon the assembling of Congress without delay. If,
undersuch circumstances, the President should find himself
in the condition in which he was placed it the close of the last
Coßgress. with nearly half the States of the Union destitute of
Representatives, the consequences might be disastrous. 1,
therefore, recommend to Congress to carry into eflVel the pro
visions of the Constitution ou this subject, and to pass a law
appointing some day previous to the 4th of March in each year
of (Hid number, for tlie election of Representatives through
out all the States. They have already appointed a day for
the election of electors for President and Vice Picsident, and
this measure lias been approved by the country.
I would again express* most decided opii ion in favorof the
construction of a Pacific railroad, for the reasons stated in my
two last annual messages. When i reflect upon wiiat would
lie the defenceless condition of our States and Territories
West of the Rocky Mountains, in case of a war with a naval
power sufficiently .strong to interrupt all intercourse witli
them by the routes across the Isthmus, 1 am still more con
vinced than ever of the vast importance of this railroad. I
have neverdoubted the constitutional competency of Congress
to provide for its cons’ruction, but this exclusively under the
war-making power. Besides, the Constitution expressly re
quires, as au imperative duty, that “the United Stales shall
protect eacli of them | the States] against invasion.” lamat a
loss to conceive how this protection can be afforded to Califor
nia and Oregon against such a naval power by any other means.
1 repeal the opinion contained in nfiy last annual message, that
it would be inexpedient lor the Government to undertake this
great work by agei ts of its own appointment, and under its di
rect. and exclusive control. This would increase the patronage
of the Executive to a dangerous extent, and would fostei a
system of jobbing and corruption which no vigilance on the
part of Federal officials could prevent. The construction (if
this road ought, therefore, to be intrusted to incorporated com
panics, or other agencies, who would exercise that active and
vigilant supervision over it which can be inspired alone by a
sense of corporate and individual interest. I venture to assert
that the additional cost of transporting troops, munitions of
war, and necessary supplies for the army, across the vast inter
vening plains to our possessions on the Pacific coast, would
be greater in such a war than the whole amount required to
construct the road. And yet this resort would, after all, be
inadequate for their defence and protection.
We have yet scarcely recovered from the habits of extrava
gaut expenditure, produced by our overflowing Treasury, dur
ing several years prior to the commencement el my Adminis
tration. The financial reverses whicn we have since experien
ced ought to teach us all to scrutinize our expenditures with
the greatest vigilance, and to reduce them to tae lowest possi
ble point. The Executive Departments of the Government
have devoted themselves to the accomplishment of this object
with considerable success, as will appear from their different
re ports and estimates. To these! invite the scrutiny of Con
gress tor the purpose of reducing them still lower, ’f this be
practicable, consis entwith the great public interests of tiie
country. In aid of l he policy of retrenchment I pledge iny
self t» examine closely the bills appropriating land or money,
so that if any of these should inadvertently pass both houses,
as must sometimes t>e tin; c se, 1 m»y afl'or 1 them au opportu
nity lor reconsideration. At the same time we ought never to
forget that true public economy consists, not in withholding
the means necessary to aceompl sh important national objects
confided to us by the Constitution, but in taking care that the
money appropriated for these purposes shall be faithfully and
frugally expended.
It will appear from the report of the Secretary of the Treasu
ry that it is extremely doubtful, to say the least, whether we
shill ire able to pass through the present and the next fiscal
year without providing additiona. revalue. •'This ean on y be
accomplished by strictly confining the appropriations within
the estimates of the different Departments, wi bout making
au allowance tor any additional exienditures which Congress
tuay think proper, in their discretion, to authorize, and with
out providing for the, redemption ot any poroon of the $20,000,-
Q( oof Treasury notes which have already been issued. In tiie
event of a deficiency, which 1 consider probable, til's ought
never tojbe supnlied by a resvrt to additional loans, it would
be a ruinous practice in the days of peace aDd prosperity to go
on increasing the national debt, to meet the ordinary expenses
Os the Government. This would cripple our resournes and im
pair our credit in case the existence of war should render it
necessary to borrow money. Should such a deficiency oecur
asi apprehend, X would recommend that the necessary' reve
nue lie raised by an increase of our pr»sent duties on imports.
X need not repeat the opinions expressed in my lust aunual
message as to the t.est mode and manner of accomplishing
this object, and small now merely observe ihat those have
since undergone no change.
The report of the Secretary of the Treasury will explain, in
detail, the operations of that Department of the Government.
The receipts into the Treasury from all sources duiing the
fisc il year endb g flOth June. 1859, incluoliig the loan author
ised by the act of lith June, 1858, and ihe issues of Treas
ury uotes authoriz 'd by existing laws, weie eighty-one mil
lion s'x hundred and ninety-two thousand four hundred and
seventy-one dollars and one cent, ($81,692,471 01,) which sum
with the balance of six million three hundred and ninety-eight
thousand three hundred and sixteen dollars and ten cents
($6,398,316 10) remaining in the Treasury at the commence
ment of that fiscal year, made an aggregate for the service of
the year of eighty-eight m lllon niuetv thousand seven hun
dred and eighty-seven dollars and eleven cents ($88.090,787 11.)
The public expenditures during the tiseal year ending 30th
June. 1859, amounted to eighty-three million seven hundred
and fifty-one thousand five hundred and eleven dollars and
fifty-seven cents ($83,751,511 57.) Os this aunt, sevepteen mil
lion four hundred and five thousand two hundred and' eighty
five dollars and forty-four cents ♦17,405,-28.' 44) were a plied
to tiie payment of interest on the public debt and tiie redemp
tion of the issues of Treasury notes. The expenditures for ali
other branches of th# public service during that fiscal year
were, therefore, sixty-six million three hundred and fortv six
aUd <o,la» r/Ste
The balance remaining in the Treasury on the Ist July 1859
beiimthe commencement of thepte ent fiscal year/wis W
million three hundreu and thirty nine thousand two hundred
and seventy-five dollars and fifty-four cents <54.a39 275 M i
The receipts into the Treasury during the fi’t quarter of the
preseut fiscal year, commencing July Ist, 1859, were twenty
million S'X hundred and eighteen thousand eight hundred anS
s,xty-five dollars and eighty-five cents, ($20,618,865 85 ) Os
this amount three million eight hundred and twenty
thousand three bundled dollars (d3.521,8t«) was
account of the loan and the issue of
ot sixteen million seven hundred and ninety-seven tlmnsa.m
five hundred and sixty-five dollars and eight y-fh-ecents rtd6 d
797,565 85) having been receivea during liie quarter & he
ordinary sources of public revenue. The estimated receipts
tor the remaining three-quarters of the present fiscal year to
80th June, 1860, are fifty million four hundred and twentvLix
thousand four hundred dollars ($50.4:>6,400.) Os this amoUrd
it is estimated that tire million seven hundred and fifty-six
thousand four hundre.i dollars (*5,756,400) will be receive,!
for Treasury notes which may be re-issued under the fifth sec
turn of tiie act ot 3d March last, and one million one hundred
and seventy thousand dollars (*1,i7n,000) on account of the
loan authorised by tbe act of June 14th, 18(3-making six mil
! io " a,,<l !, vmit >- ' x thousand lour hundred doll
lars 1*6,926,400) from these extraordinary sources, and fortv
three millitn hvc hundred thousand dollars <*4.1,600 000) from
the ordinary sources of the public revenue—making an aggre
gate, with the balance in the Treasury on the Ist July, 1859 of
seventy-five mil ion three hundred and eighty-four thousand
five hundred and rorty-one dollars and eighty-nine cents (*75 -
334,541 89) for the estimated means of the present fiscal vear
ending 80tli June, IsOO. J
The expenditures during the first quarter of the present fiscal
year were twenty million seven thousand one hundred and
seventy-four dollars and seventy-six cents, ($20,007,174 76 )
Four million six hundred and sixty-four thousand three hun
dred and sixty-six dollars and seventy six cents ($4,664 366 76)
of this sum were applied to the payment of interest on the
public debt and there demptiou of the issues of Treasury notes,
and the remainder, beiug fifteen million three hundred aud
forty-two thousand eight hundred and eight dollars, i#ls 342 .
808,) were applied to ordinary expenditures during the quar
ter. The estimated expenditures during the remaining three
quarters, to June 3 ah. ISGO. are forty million nine hundred and
ninety-five tho’sand five hundred and fifty-eight dollars and
tw. nty-three cents, ($40,995,558 23,) Os which sum two million
eight hundred and eighty-six thousand six hundred and twen
ty-ene dollars and thirty-four cents ($2,889,621 34) are estimat
ed for the interest on the public debt. The Ascertained and
estimated expenditures for the fiscal year ending 30th June,
1864, on account ot the public debt, are, accordingly, seven
million five hundred aud fifty thousand nine hundred and
eighty-eight dollars and ten cents, ($7,550,988 10;) andforthe
ordinary expenditures of the Government fifty three million
four hundred and tifty-one thomand seven hundred and foity
four dollars and eighty-nine cents, ($53,451,744 89 ) making an
aggregate of sixty-one million two thousand seven hundred
and thirty-two dollars and ninety-nine cents, ($61,002,732 99 •)
leaving an estimated balance in the Treasury on the 30th June.
1860, o7 fourteen million three hundred ami eighty-one thou
sand eight hundred and eight dollais and forty cents, ($14,-
381,808 40.)
The estimated receipts during the next fiscal year ending
30th June, IS6I, are sixtv-six million two hundred and twenty
five thousand dollars, ($66,225,000.) which, with the balance
estimated, as before stated, as remaining in the Xreasury on
the 30th June, 1860, will make an aggregate for the service of
the next fiscal year of eighty million six hundred and six thou
sand eight hundred aud eight dollars and forty cents (SBO 606,-
The estimated expenditures during the next fiscal year end
ing 30th June, 1861, aresixty-six million seven hundred and
fourteen thousand nine hundred and twenty-eight dollars and
seventy-nine cents ($66,714,928 79.) Os this amount,three mil
lion three hundred and eighty-six thousand six hundred and
twenty-one dollars and thirt y-four cent s ($3,386,621 34) will be
required to pay ths interest on the pubic debt; leaving the
sum of sixty-three million three hundred and twenty-eight
thousand three hundred and seven dollars and forty five cents
($63,329,307 45) for the estimated ordinary expenditures dur
ing the fiscal j ear ending 30th June, 1861. Upon these esti
mates a balance will be left in t he Treasury on the 30tli June,
1861, of thirteen million eight hundred and ninety-one thou
sand eight hundred and seventy-nine dollars and sixty-one
cents ($13,891,879 61.)
But this balance, as well as that estimated to remain in the.
Treasury on the Ist July, 1860, will be reduced by such appro
priations as shall le made by iaw to carry into effect certain
Indian treaties during the present fiscal year, asked for by the
Secretary of th Interior, to the amount of five hundred and
thirty-nine thousand three |hundied and fifty dollars,
($539,350,) and upon the estimates of tire Postmaster General
tor the serviceof Isis Department the last fiscal year, ending
3t)ih June, 1859, amounting to four million two hundred and
ninety-six thousand aud nine do'ars, ($4 296,009.) together
with the lurther estimate of that officer for the service of the
present fiscal year, ending SOIh June, 1860, being five million
five hundred ami twenty-six thousand three hundred and
twenty-four dollars, ($5,626 324.) making au aggregate of ten
million three hundred and sixty one thousaud six hundred
and eighty three dollars ($11‘,361,683.)
Should these appropriations lie made, as requested by the
proper Departments,_ttie balance in the Treasury on the 80th
June, 1861, will not, it is estimated, exceed three million five
hundred and thirty thousand one hundred and ninety six dol
lars and sixty-one cents ($3,530,196 61.)
I transmit herewith th. reports ot the Secretaries of War,
of the Navy, of the Inteiior, and of the Postmaster General.
'They each contain valuable information and important re
commendations well worthy of the serious consideration of Con
gress.
It will appear from the report of the Secretary of War that
tire army expenditures have been materially reduced by a sys
tem of rigid economy, which, in his opinion, offeys every guar
antee that the reduction will be permanent. The estimates of
the Department for the next have been reduced nearly two
millions of dollars below the estimates for the present fiscal
year, and half a million of dollars below the amount granted
for this year at the last session of Congress.
The expenditures of the Post Office Department during the
past fiscal year, ending on the Soth June, 1859, exclusive of
payments for mail service specially prov ded for by Congress
out of ♦' general Treasury, amounted to $14,961 493 .23, and
its to $7,968,484 07 ; showing a deficiency to be sup
plied from the Treasury of $6,996,009 26, against $6,-:35,677 1 5
for the y ear ending 30th June, 1853. The increased cost of
transportation growing out of the expansion of the service re
quired by Congress explains tins rapid augmentation of the
expenditures, it is gratifying, however, to observe an increase
of receipts for the year ending on the 30th June, 1859, equal to
$481,691 21, compared with those in the year ending on 301 It
June. 1858.
It is estimated that the deficiency for the current fiscal year
will be $5,988,421 04. hut that, for the year ending 30th June,
1861, it will not exc ed $1,342,473 90, should Congress adopt
ttie measures of reform proposed and urged bv the Postmaster
General. Since the month of March, retrenchments have been
made in the expenditures amounting to $ ,826,471 annually,
which, however, did not take effect until after the commence
ment of the present fiscal year. The period seems to have ar
rived for determining the questi n whether this Department
shall become a permanent and ever-increasing charge upon the
Treasury, or shall be permitted to resume the self-sustaining
policy which had so long controlled its administration. The
course of leg slation recommended by the Postmaster General
for the relief of the Department, from its present embarrass
ments, and for restoring it to its original independence, is de
serving of your early and earnest consideration.
In conclusion, I would again commend to the just liberality
of Congress the local interests of the District'of Columbia
Surely the city hearing the name of Washington, and des
tined, I trust, forages to be the capital of our united free
and prosperous Confederacy, has strong claitps on our favo*
able regard. JAMES BUCHANAN.
W ashinoton City, Dec. 19,1859.
t The Rival Candidates.— A Washington corres
; pondent gives tiie following sketch of the rival
i candidates for the speakership :
i Thomas S. Rocock, of Virginia, the Democratic
- candidate for Speaker, is a man of thoroughly nu
-1 tional and moderate views, a member of thegreat
, est experience in the House, aud one who is uni
t versaliy esteemed for the possession of sound
- judgment, good temper, great courtesy of manner
i very decided abilities, lie is a till aud rath
er graceful man, of some forty-eight ,«fty years
1 of age, with aquiline features, a long brown
’ side whiskers aud imperial, mild grey eyes, and a
! plentiful supply of dark chestnut colored hair, ar
ranged on his head with considerable adroitness.
Os course, in the present controversy, he has no
t opportunity to speak ; but it is well understood
7 that he is, at any moment, willing to sacrifice his
. personal aims to secure a compromise of all the in- •
, terests not, openly or| secretly iu league with the
Republican party.
, llis chief rival, John Sherman, of Ohio, is a man
' some ten years his junior, of middle height and
f nervous figure, with a tine square forehead, light
, brown hair, light beard shaven on the upper lip,
; large blueish eyes, prominent perceptive faculties,
and features of the ordinary New England mould,
with a touch in them of firmness, resolute will and
i subtlety. During each ballot, Mr. Sherman ap
pears agitated, aud attempts to conceal his ner*
' vousness by taking up a newspaper, which trem
bles in his hands as he holds it.
, John A. Gilmer, of North Carolina, the South
American candidate, is i a large and robust-looking
man—much such a man as Senator Toombs in
style—with dark thick hair bushing out on all
sides of his head, full dark whiskers, curling up
round his chin and cheeks, deep set and laughing
dark eyes, features irregular, and defying alfclas
sic models, but full of strength, and with a general
air of good humor and slyness, good breeding and
peace of mind, such as it does the eye good to rest
upon in this hurried and agitated city.
Jones on the Nigger.
The Knickerbocker for this month tells a good
story, none the less enjoyable for being *pmosiF
palpable hit of the way in which “Joney’ the
“ clever fellow’’ of a Republican newspapw' estab
lishment, “got out” the paper, (The (Unixu) on
an occasion of emergency, when the editor who
was a lawyer, was detained away from£ome in a
law suit. Editor writes to Jones, who was a Dem
ocrat, and of course disliked the politics of the
sheet:
Posey ville, Oct. 2, 1859.
Dear Jones: Cau’t come till morning. Get out
the best paper you can. Write short articles, and
stir up the party for not giving their organs more
assistance. £
By the editor. Re emphatic, Jones 1
Touch ’em on the raw!
Paper owed its existence to the Republican party
Politics its very life blood. Jones had full Dowers"
and used ’em.
Genius appeared with following editorial from
the pen of Jones:
The A if/ger —We admire him. We like him.
We love him. We go in tor him. We have but
one idea, and that is nigger. We have but one
dream, and that is ditto. We. preach but one text
and that is ditto. We sing but one song, and that
is ditto. We play but one tune, aud that is ditto.
We go our full length on nigger. We are all over
ditto. We are ditto in the morning. We are dit
to at night. We are ditto all the time. We live
on ditto. We sleep on ditto. We’ll die on ditto
And yet, would you believe it, reader, the Genius
don’t pay!
Next morning enter infuriated proprietor. “You
infernal scoundrel!” he roared. Jonesevaporated
Stopped by editor just comiug in. “Jones ” savs
editor, shaking the paper at him, “Look’ here l
what have you done ?”
“ Reckon I’ve ‘touched 'em on the raw r ” savs
JoDes. ’ ’ }
“You’ve killed Ihe paper,” cried the proprietor
“ You've ruined me,” exclaimed the editor.
“ How did you come to write such a savage arti
cle ?” asked the proprietor. 6
“To stir ’em up a little,” says Jones.
“The thing's outrageous!” says the'editor.
“ It is a little emphatic says joues.
Finale. —Rush of Democrats and Republicans
to printing ottice. Former exultant, latter savatre
beyond bounds. Jones relieved from further as
sisting in the editorial department of that paper
and set up by Democrats as editor of a new Demo
cratic paper then and there started, in view of
Jones’ mauifest ability to “stir em up ” and
‘ touch ’em on the raw,’’ K