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BY JAMES GABDNEB.
PRESIDENT'S MESSAGE.
Fellow-citizens of the Senate and House of Represen
tatives:
When we compare the condition of the country
at the present day with what it was one year ago,
at the meeting of Congress, we hare much reason
for gratitude to that Almighty Providence, which
has never failed to interpose for our relief, at the
most critical periods of our history. One Tear
ago, the sectional strife between the North and the
South, on the dangerous subject of slavery, had
again become so intense as to threaten the peace
and perpetuity of the confederacy. The applica
tion for the admission of Kansas as a State into the
Union, fostered this unhappy agitation, and
brought the whole subject once more before Con
gress. It was the desire of every patriot that such
measures of legislation might be adopted as would
remove the excitement from the States, and con
fine it to the Territory where it legitimately be?
longed. Much has been done, lam happy to say,
towards the accomplishment or this object, during
the last session of Congress.
The Supreme Court cf the United States had
previously decided that all American citizens have
an equal right to take into the Territories whatever
is held as property under the laws of any of the
States, and to hold such property there under the
guardianship of the Federal Constitution, so long
as the Territorial condition shall remain.
This is now a well established position, and the
proceedings of the last session were alone wanting
to give it practical effect. The principle has been
recognised, in some form or other, by an almost
unanimous vote of both houses of Congress, that
a Territory has aright to come into the Dniou,
either as a free or a slave State, according to the
will of a majority of its people. The just equality
of all the States has thus been vindicated, and a
fruitful source of dangerous dissension among
them has been removed.
Whilst such has been the beneficial tendency of
your legislative proceedings outside of Kansas,
their influence has nowhere been so happy as with
in that Territory itself. Left to manage and con
trol its own affairs in its own wav, without the
pressure of external influence, the revolutionary
Topeka orgauizition, and all resistance to the Ter
ritorial government established by Congress, have
been finally abandoned. As a natural consequence,
that tine Territory now appears to%e tranquil and
prosperous, and is attracting increasing thousands
cf immigrants to make it their happy home.
The past unfortunate experience of Kansas has
enforced the lesson so often already taught, that
resistance to law u! authority, under our form of
government, cannot fail in the end to prove disas
trous to its authors. Had the people of the Terri
tory yielded obedience to the laws enacted by
their legislature, it would at the present moment
have contained a large additional population of
industrious and euterprising citizens, who have
been deterred from entering its borders by the ex
istence of civil strife and organised rebellion.
It was the resistance to rightful authority and
the persevering attempts to establish a revolu
tionary government under the Topeka Constitu
tion, which caused the people of Kansas to com
mit the grave error of refusing to vote for dele
gates toAhe convention to frame a Constitution,
under a law not denied to be fair and just in its
provisions. This refusal to vote has been the
prolific source of all.the evils which have followed.
In'their hostility to the territorial government,
they disregarded the principal absolutely essen
tial to the wi r iag of our form of government, that
a majority of those who vote —not the majority
who may remain at home, from whatever cause—
must decide the result of an election. For this
reason, seeking to take advantage of their own
error, they denied the authority of the convention
thus elected to frame a Constitution.
The convention, notwithstanding, proceeded to
adopt unexceptionable in itsgcneral
features, and providing for the submission of the
slavery question to a vote of the people, which in
my opinion, they were bound to do, under the
Kansas and Nebraska act. This wa3 the all-im
portant question which had alone convulsed the
Territory; and yet the opponents of the lawful
government, persisting in their first error, refrain
ed from exercising their right to vote and prefer
ed that slavery should oontinue, rather than sur
render their revolutionary Topeka organization.
A wiser and better spirit seemed to prevail be
fore the first Monday of January last, when an
election was held under the Constitution. A ma
jority of the people then voted for a Governor and
other State officers, for a member of Congress,
and members of the State legislature. This elec
tion was warmly contested by the two political
parties in Kansas, and a greater vote was polled
than at any previous election. A large majority
of the members of the legislature elect belonged
to that party which had previously refused to
vote. The anti-slavery party were thus placed in
the ascendant, and the political power of the State
was in their own hands. Had Congress admitted
Kansas into the Union under the Lecompton Con
stitution, the legislature might, at its very first
session, have submitted the question to a vote of
the people, whether they would or would not
have a convention to amend their Constitution,
either on the slavery or any other question, and
have adopted alt necessary means for giving
speedy effect to the will of the majority. Thus the
Kansas question would have been immediately
and finally settled.
Under these circumstances, I submitted to Con
gress the Constitution thus framed, with ail the
officers already elected necessary to put the State
government into operation, accompanied by a
strong recommendation in favor of the admission
of Kansas as a State. In the course of my long
public life I have never peiformed any official act,
which, in the retrospect, has afforded me more
heartfelt satisfaction. Its admission could have
inflicted no possible injury on any human being,
whilst it would, witbin a brief period, have re
stored peace to Kansas and harmony to the Union.
In that event the slavery question would ere this
have been tiually settled, according to the legally
expressed will ot a majority of the voters, and
popular sovereignty would thus have been vindi
cated in a constitutional manner.
With my deep convictions of duty, I could have
pursued no other course. It is true, that, as an
individual, I had expressed an opinion, both be
fore aud during the session of the convention, in
favor of submitting the remaining clauses of the
Constitution, as well as that concerning slavery,
to the people. But, acting in an official charabter,
neither myself nor any human authority had the
power to rejudge the proceedings of th'e conven
tion, and declare the Constitution which it had
framed to be a nullity. To have done this would :
have been a violation'of the Kansas and Nebraska
act, which left the people of the Territory “per
fectly free to form and regulate their domestic in
stitutions in their own way, subject only to the
Constitution of the United States.” It would
equally have violated the great principle of popu
lar sovereignty, at the foundation of onr institu
tions, to deprive the people of the power, if they
thought proper to exercise it, of confiding to dele
gates elected by themselves the trust of framing a
Constitution, without requiring them to subject
their constituents to the trouble, expense aaid de
lay of a second election. It would have been in
opposition to many precedents in our history,
commencing in the very best age of the republic,
of the admission of Territories as States into the
Union, without a previous vote of the people ap
proving their Constitution.
It is to be lamented that a question so insignifi
cant when viewed in its practical effects on the
people of Kansas, whether decided one wav or the
other, should have kindled such a flame of excite
ment throughout the country. This reflection may
prove to be a lesson of wisdom and of warning for
onr future guidance. Practically considered, the
question is simply whether the people of that Ter
ritory should first come into the Union and then
(Change any provision in their Constitution not
agreeable to themselves, or accomplish the very
same object by remaining out of the Union anil
framing another Constitution in accordance with
their will. In either case, the result would be pre
cisely the same. The only difference in point of
fact 13, that the object would have been much
sooner attained, and the pacification of Kansas
more speedily effected, had it been admitted as a
State during the last session of Congress.
My recommendation, however, for the imme
diate admission of Kansas, failed to meet the ap
probaim of Congress. They deemed it wiser to
adopt a different measure for the settlement of the ]
question. For my own part, I should have been i
willing to yield my assent to almost any constitu- i
lional measure to accomplish this object. I, i
therefore, cordially acquiesced in what has been
called the English compromise, and approved the i
Act for the admission of the State of Kansas into i
the Union” upon the terms thereiu prescribed. i
Under the ordinance which accompanied the Le- i
compton Constitution, the people of Kansas had :
claimed double the quantity of public lands for
the support of common schools, which had ever i
been previously granted to any State upon enter
ing the Union; and also the alternate sections of
land for twelve miles on each side of two railroads,
proposed to be constructed from the northern to
the southern boundary, and from the eastern to
the western boundary of the State. Congress,
deeming these claims unreasonable, provided, by
the act of May 4,1858, to which I have just refer
ed, for the admission of the State on an equal
footing with the original States, but upon the
fundamental condition precedent” that a majority
of the people thereof, at an election to be held for
that purpose, should, in place of the very large
grants of public lands which they had demanded
under the ordinance, accept such grants as had
been made to Minnesota and other new States.
Under this act, should a majority reject the pro
position offered them ‘‘it shall be deemed and held
that the people of Kansas do not desire admission
into the Union with said Constitution under the
conditions set forth in said proposition.” In that
event, the act authorises the people of the Territo-.
ry to elect delegates to form a Constitution and"
Sta'e government for themselves, “whenever, and
not before, it is ascertained by a census, duly and
legally taken, that the population of said Territo
ry equals or exceeds the ratio of representation
required for a member of the House of Represen
tatives of the Congress of the United States.” The
dilegates thus assembled "shall first determine by
a vote whether it is the wish of the people of the
proposed State to be admitted into the Union at
that time, and, if so, shall proceed to form a Con
stitution, and take ail necessary steps for the es
tablishment of a State government in conformity
with the Federal Constitution.” After this Con
stitution shall have been formed, Congress, carry
ing out the principles of popular sovereignty and
non-intervention, have left “the mode and manner
of its approval or ratification by the people of the
proposed State” to be “prescribed by law,” aud
they shall then be admitted into the' Union as a
State under such Constitution thus fairly and le
gally made, with or without slavery, as said Con
stitution may prescribe.
An election was held throughout Kansas, in pur
suance of the provisions of thiß act, on the se
cond day of August last, and it resulted in the re
jection, by a large majority, of the proposition sub
mitted to the people by Congress. This being the
case, they are now authorized to form another Con
stitution, preparatory to admission into the Union,
but not until their number, as ascertained by a
census, shall equal or exceed the ratio required to
•elect a member to the House of Representatives.
It is not probable, in the present state of the
case, that a third Constitution can be lawfully
framed and presented to Congress by Kansas, be
fore its population shall have reached the designa
ted number. Nor is it to be presumed that, after
their sad experience in resisting the territorial
laws, they will attempt to adopt a Constitution m
express violation of the provisions of aa act of
Congress. During the session of 1856 much of
the time of .Congress was occupied on the question
of admitting Kansas under the Topeka Constitu
tion. Again, nearly the whole of the last session
was devoted to the question of its admission under
the Lecompton Constitution. Surely it is not un
reasonable to require the people of Kansas to wait,
before making a third attempt, until the num
ber of their inhabitants shall amount to ninety
three thousand four hundred and twenty. During
this brief period the harmony of the States, as
well as the great business interests of the country,
demand that the people of the Union shall not, for
a third time, be convulsed by another agitation on
the Kansas question. By waiting for a short
time, and acting in obedience to law, Kansas will
glide into the Union without the slightest impedi
ment.
This excellent provision, which Congress have
applied to Kansas, ought to be extended and ren
dered applicable to all Territories which may here
after seek admission into the Union.
Whilst Congress possess the undoubted power
of admitting a neiv State into the Union, however
small may be the number of its inhabitants, yet
this power ought nor, in my opinion, to be exer
cised before the population shall amount to the
ratio required by the act for the admission of Kan
sas. Had this been previously the rule, the coun
try would have escaped all the evils and misfor
tunes to which it has been exposed by the Kansas
question.
Os course, it would be unjust to give this rule a
retrospective application, and exclude a State
which, acting upon the past practice of the gov
ernment, has already formed its Constitution,
elected its legislature and other officers, and is now
prepared to enter the Union.
The rule ought to be adopted, whether we con
sider its bearing on the people of the Territories
or upon the people of the existing States. Many
of the serious dissentions which have prevailed in
Congress and throughout the country, would have
been avoided, had this rule been established at an
earlier period of the government.
Immediately upon the formation of a new Ter
ritory, people'from different States and. from for
eign’eountries rush into it, for the laudable pur
pose of improving their condition. Their first du
ty to themselves is to open and cultivate farms, to
construct roads, to establish schools, to erect places
of religious worship, and to devote their energies
generally to reclaim the wilderness and to lay the
foundations of a nourishing and prosperous com
monwealth. If, in this incipient condition, with a
population of a few thousand, they should prema
turely enter the Union they are oppressed by the
burden of State taxation, and the means necessary
for the improvement of the Territory and the ad
vancement of their own interests, are thus divert
ed to very different purposes.
The Federal Government has ever been a liberal
parent to the Territories, and a generous contribu
tor to the useful enterprises of the early settlers.
It has paid the expenses of their governments and
legislative assemblies out of the common treasury,
and thus relieved them from a heavy charge. Un
der these circumstances, nothing can be better
calculated to retard their material progress, than
to divert them from their useful employments, by
prematurely exciting angry political contests
I among themselves for the benefit of aspiring lead
ers. It is surely no hardship for embryo Gover
nors, Senators and members of Congress to wait
until the number of inhabitants shall equal those
of a single Congressional district. They surely
ought not to be permitted to rush into the Union,
with a population less than one-half of several of
the large counties in the interior of some of the
States. This was the condition of Kansas when
it made application to be admitted under the To
peka Constitution. Besides, it requires some time to
render the mass of a population collected in a new
Territory, at all homegeneous, and to unite them
on anything like a fixed policy. Establish the
rule, and all will look forward to it and govern
themselves accordingly.
But justice to the people of the several States
requires that this rule should be established by
Congress. Each State is entitled to two Senators
and at least one Representative in Congress.
Should the people of the States fail to elect a Vice
President, the power devolves upon the Senate to
select this officer from the two highest candidates
on the list. In case of the death of the President,
tke Vice President thus elected by the Senate, be
comes President of the United States. On all
questions of legislation, the Senators from the
smallest States of the Union have an equal vote
with those from the largest. The same may be
said in regard to the ratification of treaties, and
of Executive appointments. AH this has worked
admirably in practice, whilst it conforms in prin
ciple with the character of a government instituted
by sovereign States. I presume no American cit
izen would desire the slightest change in the ar
rangement. Still, ia it not unjust and unequal to
the existing States to invest some forty or fifty i
thousand people collected in a Territory with the j
attributes of sovereignty, and place them on an
equal footing with 'V irginia and Sew York in the ) J
Senat&of the United States ?
For l these reasons, I earnestly recommend the j'
AUGrTJSTA, GA., WEDNESDAY, DECEMBER 15, 1858.
passage of a general act, which shall provide that
upon the application of a territorial legislature,
declaring their belief that the Territory contains
a number of inhabitants which, if in a State,
would entitle them to elect a member of Congress,
it shall be the duty of the President to cause a
census of the inhabitants to be taken, and if found
sufficient, then by the terms of this act to author
ize them to proceed “in their own way” to frame
a State Constitution preparatory to admission into
the Union. I also recommend that an appropri
ation may be made to enable the President to take
a census of the people of Kansas.
The present condition of the Territory of Utah,
when contrasted with what it was one year ago, is
a subject for congratulation. It was then in a state
of open rebellion, and, cost what it might, the
character of the government required, that this re
bellion should be suppressed, and the Mormons
compelled to yield obedience to the Constitution
and the laws.' In order to accomplish this hßject,
as I informed you in my last annual message, 1
appointed a new governor, instead of Brigham
Young, and other federal officers, to take the place
of those who, consulting their personal safety, had
found it necessary to withdraw from the Territory.
To protect these civil officers, and to aid them as
a posse comitatus, in the execution of the laws in
case of need, I ordered a detachment of the army
to accompany them to Utah. The necessity for
adopting these measures is now demonstrated.
On the 15th of September, 1857, Gov. Young
issued his proclamation, in the style of an inde
pendent sovereign, announcing liis purpose to re
sist by force of arms the entry of the United States
troops into our own Territory of Utah. By this he
required all the forces in the Territory, to “hold
themselves in readiness to march at a moment’s
notice to repel any and all such invasion,” and es
tablished martial law from its date throughout the
Territory. These proved to bo no idle threats.
Forts Bridger and Supply were vacated aud burnt
down by the Mormons, to deprive our troops of a
shelter after their long aud fatiguing march. Or
ders were issued by Daniel 11. Wells, styling him
self “Lieutenant General, Nauvoo Legion,” to
stampede the animals of the United States troops
on their march, to set tiro to their trains, to burn
the grass and the whole country before them and
on their Hanks, to keep them from sleeping by
night surprises, and to blockade the road by fell
ing trees, and destroying the fords of rivers, Ac.,
Ac., Ac.
These orders were promptly and effectually
obeyed. On the 4th October, 1857, the Mormon's
captured and burned on Green River, three of our
supply trains, consisting of seventy-five wagons
loaded with provisions and tents for the army, and
drove away several hundred animals. This di
minished the supply of provisions so materially
that Geueral Johnston was obliged to reduce th'o
ration, and even with this precaution, there was
only sufficient left to subsist the troops until the
first of June.
Our little army behaved admirably in their en
campment at Fort Bridger, under these trying pri
vations. In the midst oftho mountains, in a dreary,
unsettled, and inhospitable region, more than a
thousand miles from home, they passed the severe
aud inclement winter without a murmur. They
looked forward with confidence for relief from their
country in due season, and in this they were not*
disappointed.
The Secretary of War employed all his energies
to forward them the necessary supplies,and to mus
ter and send such a military force to Utah as would
render resistance on the part of theMormonshope
lsss, and thu3 terminate the war without the effu
sion of blood. In his efforts he was efficiently sus
tained by Congress. They granted appropriations
sufficient to cover the deficiency thus necessarily
created,and also provided for raising two regiments
of volunteers, “for the purpose of quelling distur
bances in the Territory of Utah, for the protection
of supply and emigrant trains, aud the suppression
of Indian hostilities on the frontiers.” Happily,
there was no occasion to ealMhese regiments into
service. If there had been, I should have felt seri
ous embarrassment in selecting them, so great was
the number of our brave and patriotic citizens anx
ious to serve their country in this distant and appa
rently dangerous expedition; Thus it has ever
been, and thus may it ever be !
The wisdom ana economy of sending sufficient
reinforcements to Utah, are established not only by
the event, but in the opinion of those who, from
their position and opportunities, are the most ca
pable of forming a correct judgment. Gen. John
ston, the commander of the forces, in addressing
the Secretary of War from Fort llridger, under
date of Oct. 18,1867, expresses the opinion that
“unless a large force is sent here, from the nature
of the country, a protracted war on their [ the Mor
mon’s] part, is inevitable.” Tnis be considered
necessary, to terminate the war “speedily and
more economically than if attempted by insufficient
means.”
Id the meantime, it was my anxious desire that
, the Mormons should yield obedience to the Consti
’ tution and the laws without rendering it necessary
toresort to inillitary force. To aid in accomplishing
this object, I deemed it advisable in April last, to
dispatch two distinguished citizens of the United
States, Messrs. Powell aud McCulloch, to Utah.
, They bore with them a proclamation addressed by
myself to the inhabitants of Utah, dated on the
sixth day of that month, warning them of their
true condition, and how hopeless it was on their
Jgart to persist in rebellion against the United
.States, and offering all those who should submit
to the laws a full pardon for their past seditions
and treasons. At the same time, I assured those
who should persist in rebelion against the United
States, that they must exoect no further lenity,but
look to be rigorously dealt with according to their
deserts 1 The instructions to these agents.aswell as
| a copy of the proclamation, and their reports are
] herewith submitted. It will be seen by their re
. port of the 3d of July last, that they have fully
confirmed the opinion expressed "by General
; Johnston in the previous October, as to the neces
’ sity of sending reinforcements to Utah. In this
! they state that they “ are firmly impressed with
the belief that the presence of the army here and
' the large additional force that had been ordered
to this Territory, were the chief inducements that
caused the Mormons to abandon the idea of
resisting the authority of the United States. A
less decisive poliev would probably have resulted
in a long, bloody and expensive war.”
These gentlemen conducted themselves to my
entire satisfaction, and rendered useful services
in executing the humane inventions of the gov
ernment.
It also affords me great satisfaction to state, that
Gov. Cumming has performed his duty in an able
and conciliatory manner, and with the happiest ef
fect. I cannot, in this connection, refrain from
mentioning the valuable services or Col. Thos. L.
Kane, who, from motives of pure benevolence, and
without any official character or pecuniary com
pensation, visited Utah during the last inclement
winter for the purpose of contributing to the paci
fication of the Territory.
I am happy to inform you that the Govemorand
other civil officers of Ltah, are now performiDt
their appropriate functions without resistance!
The authority of the Constitution and the laws
has been fully restored, and peace prevails through
out the Territory. 6
A portion of the troops sent to Utah are now
encamped in Cedar Valley, forty-four miles South
west ot Salt Lake City ; and the remainder have
been ordered to Oregon to suppress Indian hos
tilities.
The march of the army to Salt Lake City,
through the Indian Territory, has had a powerful
effect in restraining the hostile feelings against
the United States which existed among the In
dians in that region, and in securing emigrants
to the far West against their depredations. This
will also be the _ means of establishing military
posts and promoting settlements along the route.
I recommend that the benefits of our land laws
and pre-emption system be extended to the people
of Utah, by the establishment of a land office in
that Territory.
I have occasion, also, to congratulate you on the
result of our negotiations with China.
You were informed by my last annual message,
that our Minister bad been instructed to occupy a i
neutral position in the hostilities conducted bv !
Great Britain and France against Canton. He was, i
however, at the same time, directed to co-operate
cordially with the British and French Ministers, in
all peaceful measures to secure by treaty those i
Just concessions to foreign commerce, which the 1
nations of the world had a right to demand. It i
was impossible for me to proceed further than i
this, on my own authority, without usurping the 1
war-making power, which, under the Constitution, i
belongs exclusively to Congress.
Besides, after a careful examination of the na
ture and extent of our grievances, I did not believe
they were of such a pressing and aggravated char
acter, as would have justified Congress in declar
ing war against the Chinese empire, without first
making another earnest attempt to adjust them by
peaceful negotiation. I was the more inclined to
this opinion, because of the severe chastisement
which had then but recently been inflicted upon
the Chinese by our squadron, in the capture aud
destruction of the Barrier forts, to avenge an alleg
ed insult to our flag.
The event has proved the wisdom of our neutral
ity. Our minister has executed his instructions
with eminent skill and ability. In conjunction
with the Russian plenipotentiary, he has peaceful
ly, but eflectually, co-operated with the English
and French plenipotentiaries; and each of the tour
powers has concluded a separate treaty with Chi
na, of a highly satisfactory character. 'The treaty
concluded Tty our own plenipotentiary will.imme
diately be submitted to the Senate.
I am happy to announce that, through the ener
getic yet conciliatory efforts of our consul general
in Japan, a new treaty has been concluded with
that empire, which may be expected materially to
augment our trade and intercourse in that quarter,
and removo from our couutrymen the disabilities
which hare heretofore been imposed upon the ex
ercise of their religion. The treaty shall be sub
mitted to the Senate for approval without delay.
It is my earnest desire thatevery misunderstand
ing with the government of Grea't Britaiu. should
be amicably and speedily adjusted. It has been
the misfortune of both countries, almost eversince
the period of the revolution, to have been annoved
by a succession of irritating and dangerous ques
tions, threatening their friendly relations. This
has partially prevented the full development of those
feelings of mutual friendship between the people
of the two countries, so natural in themqelves and,
so conducive to their common interest. Any se
rious interruption of the commerce between the
Uuited States and Great Britain, would be equally
injurious to both. In fact, 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, lam gratified to
inform you, that the long-pending controversy be
tween the two governments, in relation to the
question of visitation and search, has been amica
bly adjusted. The claim on the part of Great Bri
tain, forcibly to visit American vessels on the high
seas in time of peace, could not be sustained under
the law of nations, and it had been overruled bv
her own most eminent jurists. This question was
recently brought to an issue, by the repeated acts
of British cruisers, in boarding and searching our
merchant vessels in the Gulf of Mexico and the
adjacent seas. These acts were the more injurious
and annoying, as these waters are traversed by a
large portion of the commerce aud navigation of
the United States, and their free and unrestricted
use is essential to the security of the coastwiso
trade between different States of the Union. Such
vexatious interruptions could not fail to excite the
feelings of the country and to require the inter
position of the government.
Remonstrances were addressed to the British
government against these violations of our rights
of sovereignty, and a naval forco was at the same
tune ordered to the Cuban waters, with directions
“to protect all vessels of the United States on the
high seas, from search or detention by the vessels
of-war of any other nation.” These "measures re
ceived the unqualified and even enthusiastic ap
probation of the American people. Most fortu
nately. however, no collision took place, and the
BriMsl government promptly avowed its recogni
tion o' ’be principles of international law upon this
subject, as laid down by the government of tho
United -Mates, in the note of the Secretary of Stato
to tKirftf itisb miniVcr at Washington, of April 10,
1868, which secure the vessclsof the United States
upon the high seas from visitation or search in time
of peace, under any circumstances whatever. The
claim has been abandoned in a manner reflecting
honor on the British government, and evincing a
just regard for the law of nations, and cannot fail
to strengthen the amicable relations between the
two countries.
The British government, at the same time, pro
posed to the United States that some mode should
be adopted, by a mutual arrangement between the
two countnes, of a character which may be found
effective without being offensive, for verifying the
nationality of vessels suspected on good grounds
of carrying false colors. They have also invited
the United States to take the initiative, and pro
pose measures for this purpose. Whilst declining
to assume so grave a responsibility, the Secretary
of State has informed the British government
that we are ready to receive any proposals which
they may feel disposed to offer, having this object
in view, and to consider them in an amicable spir
it. A strong opinion is, however, expressed, that
the occasional abuse of the flag of any nation, is
an evil far less to be deprecated than would be the
establishment of any regulations which might be
incompatible with the freedom of the seas. This
government has yet received no communication,
specifying the manner in which the British gov
ernment would propose to carry out their sugges
tion ; and I am inclined to believe that no plan
which can be devised, will be free from grave em- I
barrassments. Still, 1 shall form no decided opin- i
ion on the subject, until I shall hare carefully, i
and in the best spirit, examined any proposals I
which they may think proper to make. i
lam truly sorry I cannot also inform you that
the complications between Great Britain and the I
United States, arising out of the Clayton and Bul
wer treaty of April, 1850, have been finally ad
justed. ;
At the commencement of your last session, I had
reason to hope that emancipating themselves from
further unavailing discussions, the two govern
ments would proceed to settle the Central Ameri
can questions in a practical ninnner, alike honor
able and satisfactory to both; and this hope I
have not yet abandoned. In my last annual mes
sage, I stated that overtures had been made by the
British government for this purpose, in a friendly
spirit, which I cordially reciprocated. Their pro
posal was, to withdraw these questions from direct
negotiation between the two governments; but to
accomplish the same object, by a negotiation be
tween the British government and each of the
Central American Republics, whose territorial in
terests are immediately involved. The settlement
was to be made in accordance with the general
tenor of the interpretation placed upon the Clay
ton and Bulwer treaty by the United States, with
certain modifications. As negotiations are still
pending upon this basis, it would not be proper
Far me now to communicate their present condi
tion. A final settlement of these questions is
greatly to be desired, os this would wipe out the
last remaining subject of dispute between the two
conntries.
Our relations with the great empires of France
and Russia, as well as with all other governments
on the continent of Europe, except that of Spain,
continue to be of the most friendly character.
With Spain our relations remain in an unsatis
factory condition. In my message of December
last, I informed you that our Envoy Extraordinary
and Minister Plenipotentiary to Madrid bad asked
for bis recall; and it was purpose to send out a
new Minister to that Court, with special instruc
tions on all questions pending between the two
governments, and with a determination to have
them speedily and amicably adjusted, if that were
possible. This purpose has been hitherto defeat
ed by causes which I need not enumerate.
The mission to Spain has been intrusted to a
distinguished citizen of Kentucky, who will pro
ceed to Madrid without delay, and make another
and a final attempt to obtain justice from that
government.
Spanish officials, under the direct control of the
Captain-general of Cuba, have insulted our nation
al nag, and, in repeated instances, have, from time
to time, innictad injuries on the persons and pro
perty of onr citizens. These hare given birth to
numerous claims against the Spanish government,
the merits of which have been ably discussed for
a series of years, by our successive diplomatic rep
reeentatives. Notwithstanding this, we have not
arrived at a practical result in any single instance,
unless we may except the case of the Black War
rior, under the late Administration ; and that pre
sented an outrage of such a character as would
have justified an immediate resort to war; All our
attempts to obtain redress have been baffled and
defeated. The frequent and oft-r»curing changes
in the Spanish ministry have been emploved as
reasons for delay. We' have been compelled te
wait, again and again, until the new minister shall
have had time to investigate the justice of our de
mands.
Even what have been denominated the “Cuban
claims,” in which more than a hundred of our
citizens are directly interested, have furnished no
exception. These claims were for the refunding
of duties unjustly exacted from American vessels
at different custom-houses in Cuba, so long ago as
the year 1844 r The principles upon which tbev
rest are so manifestly equitable aud just, that af
ter a period of nearly ten years, in 1854, thev were
recognised by the Spanish government. Proceed
ings -were afterwards instituted to ascertain their
amount, and this was finallv fixed according to
their own statement (with which we were satis
fied) at the sum of one hundred and twenty-eight
thousand six hundred and thirty-five dollars and
fifty-four cents. Just at the moment, after a delay
of fourteen years, when we had reason to expect
that this sum would be repaid with interest, we
have received a proposal offering to refund one
third of that amount, (forty-two thousand eight
hundred and seventy-eight dollars and forty-one
cents), but without interest, if we would accept
this in full satisfaction. The offer is, also, accom
panied by a declaration that this indemnification
isjnot founded on any reason of strict justice, but
is made as a special favor.
One alleged cause for procrastination in the ex
amination and adjustment of our claims, arises
from an obstacle which it is the duty of the Span
ish government to remove. Whilst the captain
general of Cuba is invested with general despotic
authority in the government of that island, the
power is withheld from him to examine and redress
wrougs committed by officials under his control,
on citizens of the United States. Instead of making
our complaints directly to him at Havana, we are
obliged to present them through our minister at
Madrid. These are then referred back to the cap
-tain-general *for information ; aud much time is
Thus consumed in preliminary investigations and
correspondence between Madrid and Cuba, before
the .Spanish government will consent to proceed to
negotiation. Many of the difficulties between the
two governments would be obviated, and a long
train of negotiation avoided, if the captain-general
were invested with authority to settle questions of
easy solution on the spot, where all the facts are
fresh, and could be promptly and satisfactorily as
certained.
We have hitherto in vain urged upon the Span
ish government to confer this power upon the cap
tain-general and our miuister to Spain will again
bo instructed to urge this subject on their notice.
In this respect we occupy a different position from
the powers of Europe. Cuba is almost within
sight of our shores, our commerce with it is far
greater than that of any other nation,' including
Spain itself, and our citizens are in babits of dailv
and extended personal intercourse with every part
of the island. It is, therefore, a great grievance
that, when any difficulty occurs, no matter how
unimportant, which might be readily settled at
the moment, we should be obliged to resort to
Madrid, especially when the verv first step to be
taken there is to refer it back to Cuba.
The truth is that Cuba, in its existing colonial i
condition, is a constant source of injury and annoy- i
ance to tbe American people. It is the only spot
in the civilised world where the African slave ttade
»tolerated; and we are bound by treaty with Great
Britain, to maintain a naval force on the coast of
Africa, at much expense both es life and treasure,
solely for tbe purpose of airesting slavers bound
to that Island. Tbe late serious difficulties be
tween the United States and Great Britain respect
ing tbe right of search, now so happily terminated,
could never have arisen if Cuba had" not afforded
a market for slaves. As long as this market shall
remsiu open, there can be no hope for tbe eivilixa
*oi. >f benighted A Tries. Whilst the (femnnd fen
siwVos continues in Cuba, wars will be waged among
the petty and barbarous chiefs in Africa, for the
purpose of seizing subjects to supply this trade.
In such a condition of affairs, it is impossible that
tbe light of civilization and religion can aver pen
etrate these dark abodes.
It has been made known to the world by my
predecessors, that the United States have, on sev
eral occasions-, endeavored to acquire Cuba from
Spain by honorable negotiation. If this were ac
complished, the last relic of the African slave
trade would instantly disappear. We would not,
if we could, acquire Cuba in any other manner.—
This is due to our national character. All the
territory which we bare acquired since tbe origin
of tbe government, has been by fair purchase
from France, Spain and Mexico, or by tbe free and
voluntary act of tbe independent State, of Texas, in
blending her destinies with ourown. This coarse
wc shall ever pursue, unless circnmstauces should
occur, which we do not now anticipate, rendering
a departure from it clearly justifiable under the
imperative and overruling law of self preserva
tion.
The island of Cuba, from Its geographical posi
tion, commands the mouth of the Mississippi, and
the immense and annually increasing trade, foreign
and coastwise, from the valley of that noble river,
now embracing half of tho sovereign .States of
the Union. With that island under the dominion
of a distant foreign power, this trade, of vital im
portance to these States, is exposed to the danger
of being destroyed in time of war, and it has
hitherto been subjected to perpetual injury and an
noyance in time of peace. Our relations with
Spain, which ought to be of the most friendly
character, must always be placed in jeopardy,
whilst the existing colonial government over the
Islund shall remain in its present condition.
Whilst the possession of the island would be of
vast importance to the United States, its value to
Spain is, comparatively, unimportant. Such was
the relative situation of the parties, when the
Sreat Napoleon transferred Louisiana to the United
tates. Jealous us be ever was, of the national
honor and interests of France, no person through
out the world has imputed blame to him, for ac
cepting a pecuniary equivalent for this cession.
The publicity which has beeU|given to |our for
mer negotiations upon this subject, and tlie large
appropriation which may be required to effect the
purpose, render it expedient, before making an
other attempt to renew the negotiation, that I
should lay the whole subject before Congress.
This is especially necessary, as it may become in
dispensable to success, that 1 should he intrusted
with the means of making an advance to the Span
ish government immediately after the signing of
the treaty, without awaiting the ratification of it
by the Senate. I am encouraged io make this
suggestion, by the example of Mr. Jefferson pre
vious to the purchase of Louisiana from France,
and by that of Mr. Polk in view of the acquisition
of territory from Mexico. I refer the whole sub
ject to Congress, and commend it to tbeir cureful
consideration.
I repeat the recommendation made in my mes
sage of December last, in favor of an appropria
tion “to be paid to the Spanish government for the
purpose of distribution among tbe claimants in
the Amisted case.” President Polk first made a
similar recommendation in December, 1e47, and
it was repeated Jby my immediate predecessor
in December, 1853. 1 entertain no doubt that in
demnity is fairly due to these claimants under our
treaty with Spain of the 27th October, 1725; and
whilst demanding justice we ought to do justice.
An appropriation promptly made for this purpose,
could not fail to exert a favorable influence on cur
negotiations with Spain.
Our position in relation to the independent States
South of us on this continent, and especially those
within tbe limits of North America, is of a peculi
ar character. Tbe northern boundary of Mexico
is coincident with our own southern boundary
from ocean to ocean; and we mast necessarily
feel a deep interest in all that concerns tbe well
being and the fate of so near a neighbor. We have
always cherished the kindest wishes for tbe success
of that Republic, and have indulged the hope that
it might at last, after all its trials, enjoy peace and
prosperity under a free and stable government.
We nave never hithertc interfered, directly or indi
rectly, with its internal affairs, and it is a duty
which we owe to ourselves, to protect the integrity
of its Territory against the hostile interference of
any other power. Our geographical position, our
direct interest in all that concerns Mexico, and our
well settled policy in regard to the North Ame
rican continent, render this an indispensable duty.
Mexico has been in a state of constant revolu
tion almost ever since it achieved its independence.
One military leader after another has usurped the
government in rapid succession; and the various
YOL. 37-ISiO. 51.
Constitutions from time to time adopted, have been
set at naught almost as soon as they were pro
claimed. The successive governments have afford
ed no adequate protection, either to Mexican citi
zens or foreign residents, against lawless violence.
Heretofore, a seizure of the capital by a military
chieftain, has been generally followed by, at least
the nominal submission of the country tonis rule
for a brief period, but not so at the present crisis
of Mexican affairs. A civil war has been raging
for some time throughout the Republic, between
the central government at the city of Mexico,
which has endeavored to subvert the Constitution
last framed, by milit&rv power, and those- who
maintain the authority of that Constitution. The
antagonist parties each hold possession t>f differ
ent States of the Republic, and the fortunes of the
war are constantly changing. Meanwhile, the
moat reprehensible means nave been employed by
both parties to extort money from foreigners, as
well as natives, to carry on this ruinous contest.
The truth is, that this fine country, blessed with a
productive soil and a benign climate, has been re
duced 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 the claims of American citi
zens, now amounting to more than ten million
dollars, against Mexico, because she is destitute of
all pecuniary means to satisfy thfcse demands.
Our late minister was furnished with ample pow
ers and instructions for the adjustment of all pend
ing questions with the central government of
Mexico, and he performed his duty with zeal and
ability. The claims of our citizens, some of them
arising out of the violation of an express provision
of the treaty of Guadalupe Hidalgo, and others
from gross injuries to persona as well as property,
have remained unredressed and even unnoticed.
Remonstrances against these grievances, have
been addressed without effect to that government.
Meantime, in various parts of the republic, in
stances have been numerous of the murder, im
prisonment andpluDder of our citizens, by differ
ent parties claiming and exercising a local jurisdic
tion ; but the central government although re
peatedly urged thereto, have made no effort either
to punish the authors of these outrages or to pre
vent their recurrence. X'o American citizen can
now visit Mexico on lawful business, without im
minent danger to his person and property. There
is no udequute protection to either ; and in this re
spect our treaty with that republic is almost a dead
letter.
This state of affairs was brought to a crisis in
May last by the promulgation of a decree levying
a contribution pro ratu upon all the capital in ' the
republic, between certain speoitlea amounts,
whether held by Mexicans or foreigners. Mr. For
syth, regarding this deereein the light of a "forced
loan,” formally protested against its application to
his countrymen, and advised them not to pay the
contribution, but to suffer it to be forcibly exact
ed. Acting upon this advance, an American citi
zen refused to pay the contribution, and his pro
perty wus siozed by armed men to satisfy the
amount. Not content with this, ths government
proceeded still further, and issued a decree banish
ing him from the country. Our minister immedi-
ately notified them that tis this decree should be car
ried into execution, he would feel It to behisduty to
adopt “the most decided measures that belong to
the power* and obligations of the representative
office.” Notwithstanding this warning, the ban
ishment. was enforced, and Mr. Forsyth promptly
announced to the government the suspension of
tho political relations of his legation with them,
until the pleasure of his own government should
be ascertained.
This government did not regard the contribution
imposed by the decree of the 15th May last to bo
in strictness a “forced loan,” and ss such prohib
ited by the 10th article of the treaty ofJMßbe
tween Great Britain ar-J Mexico, 1o the o, T
which American citizens are entitled by >aty ;
yet the impostion of tbei contribution upon for
eigners was considered an unjust and oppressive
measure, liesides, internal factions in other parts
; of the republic were at the same time levying
similar exactions upon the property of citizens,and
interrupting their commerce. There bad been an
entire failure on ihe part of cur minister, td se
cure redress for the wrongs which our citizens,
had endured, notwithstanding his persevering ef
forts. And from the temper manifested by tbs ’
Mexican government, he had repeatedly assured
us that no favorable change could be expected,
until the United States should “give striking evi
dence of their will and power to protect their ci
tizens,” 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 retra'ce his steps and re
sume diplomatic relations with that government;
and it was therefore, deemed proper to sanction
his withdrawal of the legation Korn the city of
Mexico. •
Abundant cause now undoubtedly exisfs for a
resort to hostilities against the government still
holding possession of the capital. Should they
succeed in subduing the constitutional forces, all
reasonable hope will then have expired of a peace
ful settlement of our difficulties.
On the other hand, should the constitutional par
ty prevail, and their authority be established over
the Republic, there is reason to hope that they will
be animated by a less unfriendly spirit and may
grant that redress to American citizens which justice
requires, so far as thev may possess the means. But
for this expectation, t should at once have recom
mended to Congress to grant the necessary power
to the I’residcnt, to take possession of a sufficient
portion of the remote snd unsettled territory of
Mexico, to be held iD pledge until our injuries shall
be redressed, and our just demands be satisfied.
We have already exhausted every milder means of
obtaining justice. In such a case, this remedy of
reprisals iH recognised by the taw of nations, not
only as just in itself, but as a means of preventing
actual war.
liut there is another view of our relations with
Mexico, arising from the unhappy condition of
affairs along our South-western frontier, which de
mands immediate action. In that remote region,
where there are but few white inhabitants, large
bands of hostile and predatory Indians roam pro
miscuously over the Mexican States of Cbihnanua
and Sonora, and our adjoining Territories. The
local governments of these States are perfectly
helpless, and are kept in a state of constant alarm
by the Indians. They have not the power, if they
possessed the will, even to restrain lawless Mexi
cans from passing the border, and committing
depredations on our remote settlers. A state of
anarchy and violence prevails throughout that dis
tant frontier. The laws are a dead letter, and
life and property are wholly insecure. For this
reason the settlement of Arizona is arrested,
whilst it is of great importance that a chain of in
habitants should extend all along its southern
border, sufficient for their own protection and
that or the United States mail, passing to and
from California.
Well founded apprehensions are now entertain
ed that the Indians and wandering Mexicans,
equally lawless, may break up the important stage
and postal communication, recently established
between our Atlantic and Pacific possessions. This
passes very near to the Mexican boundary, through
out the whole length of Arizona. I can imagine no
possible remedy for these evils, and no mode of re
storing law and order on that remote and unsettled
frontier, but for the government of the United
.States to assume a temporary protectorate over the
northern portions of Chihuahua and Sonora, and
to establish military posts within the same—and
this I earnestly recommend to Congress. This
protection may be withdrawn as soon as local gov
ernments shall be established in these Mexican
States, capable of performing their duties to the
United States, restraining the lawless and pre
serving peace along the border.
I do not doubt that this measure will be viewed
in a friendly spirit by the governments and peo
ple of Cbibuahna and Sonora, as it will prove
equally effectnal for the protection of their citizens
on that remote and lawless frontier, as for citizens
of the United States.
And in this connection, permit me to re-call
your attention to the condition of Arizona. The
population of that Territory, numbering, as is al
leged, more than ten thousand souls, are practi
cally without a government, without laws, and
without any regular admistration of justice. Mur
der and other crimes are committed with impuni*
ty. Thie state of thinga calls loudly for redress;
and I, therefore, repeat my recommendation for
ihe establishment of a territorial government over
Arizona.