Newspaper Page Text
n, f (gfjjrgnt£cJegn!|)ji
B y JOSEPH CI.ISBY.
Hereafter the prico of this Paper (rill
IfSPnoLLARS per annum, if paid in advance,
k>T"“ 'Tin iht offioo before the expiration of tho
If loft to bo applied for by tho
.v.-nptio*/^ Accnt. TVo Doff art and a llalj
in every ease, without exception, to
,ab 'rh3s«*» ,,d commissions.
■ f,r . ,for tho T*Lt0R*r n to new subscribers
^”co*paniedwithC«*.
indents should be particular to direct in
C rMia Telegraph.” Versons writing to the
J jvTelecraph" in Macon, should ao write.
only, will the letters designed for the
~ Stive offices, go directiv to their place of dcs-
W1.P J H
VOL. XXXII.
MACON, TUESDAY MORNING, DECEMBER 15. 1857.
NO. 12.
Advertisements at the regular charge will be On
Dollar per square of 10 lines or l(o, for the first in
sertion, ami Fif/y Cents for eaeh subsequent inser
tion. All advertisements not specified ns to time
Will bo published until forbid and charged accord
ingly
Obituary Notices not exceeding ten lines, wil
be published gratis ; but cash at tho rate of One Dol
lar for every ten manuscript it.es exceeding that
number, must accompany nil longer notices, or they
will be cut short .
'- t-^Tho Telegraph goes to press at 3 o'clock,
Monday Evenings. Advertisers will oblige by hand
ing in their favors, as early as Saturday, if possible
president’s Message.
w CmiRM or the Berate
and House or REntxsEsyxnrxs:
vciraco to tho command of the Constitution,
become my duty to "give to Congress
•dun <>f the Shite *he Union, and recoin-
■, itirir consideration such measures” as T
: W •• necessary and expedient.”
:',Vrit and above all, our thanks are due to A1
God for *•"' nnmerous benefits which Ho has
s**• j upon this people t and ournnitod prayers
."' t-rt-nd toHIm that He would continue to
“ .^.at Republic in time to come aa lie' has
> *j j, ; n time pas*. Mncc the adjournment of
i jOtofree* our constituents have enjoyed an
Idwive of health. The earth has yielded
abundantly, and has bountifully rewarded
.1 of the husbandman Our groat staples have
" C.-d.d high price*, and, up till witlnn a brief
■ manufacturing, mineral, and mechanical
Lawdoea have largely partaken of the general
7We have possrsaod all the elements of
wealth in rich abundance, and yet, not
Handin'* all theso advantages, our country, in
Boetaty interests, is at the present moment in
rtble condition. In the midst of nnsurpas-
•fTJii, ja all the productions ot agriculture, and
. /elrunnts ot national wealth, wo find our
: ^urtares suspended, our public works retarded,
‘i'.’tirate enterprises ol different kinds abandoned,
“.brands ot useful laborers thrown out of em-
--- ,,,ud reduced to want. Tito revenue of
V ,vrrnment. which is chiefly derived from do
n imports from nbroad, has been greatly redu
1 the appropriations made by Congress at
"itsession for the current fiscal year are very
L_; n amount.
Monetary Affairs.
l abfthi'JO circumstances a loan may be requir-
,V.„ re the close of your present session, but this,
” - -j deeply to be regretted, would provo to bo
1 -a slight mis fortune when compared with tho
and distress prevailing among tho people,
r j this the government cannot fail deeply to sym-
- iisc.though it may be without the power to ex-
pi* oar duty to enquire what has produced such
Jgtatatc results, and whether their recurrence
,j |k. prevented 1 in ail former revulsions the
m‘*}it lure l<eeu fairly attributed to n varic
, (fo-dperating causes; but not so upon tho pres
(to-tiiion. It is apparent that onr existing mis-
t have proceeded solely from our extrava-
xtsndvIdoM system of paper currency and bauk
’ >, exciting tho people to wild speculations and
• liing in stocks. These revulsions must contin-
e 11 rrcnr at succossivo intervals 60 long ns tho
^..stefthe paper currency and bank loans and
' .-cuts of the country shall be left to the diar re
.,i fourteen hundred irreponsible bank insiitu-
which by the very law of their nature will con-
Air interest of the stockholders rather than tho
pile aelfarc.
The Ranks*
fs-framers of the Constitution, when they gave
,.«n* the power ” to coin money and to regu-
_• ;ir raise thereof," and prohibited the 8totcs
.filing money, emitting bills of credit, or ma
u: lavihiug but gold and silver coin a tender in
Ait of debts, supposed they had protected the
a-'iinst the evus of an excessive and irre-
■ablepaper currency. They are not responsi
ble existing anomaly that a government en-
j with tbu sovereign attribute of coining mon
te .-sin ting tho value thereof, should have no
.. . prevent others from driving this coin out of
entry inn filling up tho channels of circulation
. pp-r which does uot represent gold audsilver.
.. i.:i» of the highest and most responsible du-
c omment to insure to tho peoples sound
uxiiog medium, the amount of which ought to
teJ with the utmost possible wisdom and
.u ire n nuts of internal trade and foreign ex-
- If this be either greatly above or greatly
proper standard, the markctablo value of
- xu i property is increased or diminished in
.-proportion, and injustice to individuals, as
. ..i-alisulabie evils to the community arc the
•::race.
rt .mutely, under the construction of tho Fed
. emit ion, which has now prevailed too lung
tanged, this important and delicate duty has
-:twr.-red from the coining power, and virtu-
. -jutf.rre I to mure thnu fourteen hundred State
Ll- Ming independently of each other, andreg-
bustkeir paper issues slmoit exclusively, by a
viia the present interest of their stockholders,
■aj die sovereign power of providing a paper
» r instead of coin, for the country, the first
j nidi these banks owe to the public, is to keep
: iriults a sufficient amount of gold and silver
.- -.rr the convertibility of tbeir notes into coin
l :.a-!»nd under all circumstances. No bauk
W <r,r to be chartered without such restrictions
i -i-jisess o to secure tiiis result. All other
[ afioei are comparatively vain. This is the on-
I . i lutonc. the only efficient regulator of a
kprta-reacy—the only one which cun guard tho
F-. igiinst over issut s and bauk suspensions. As
‘ -:• -») ami eventful security, it is doubtless
[« ad in all cases ought to be required, that
«» >U11 hold an amount of United States or State
I -■■:.-■> equal to their notes in circulation, and
I rid for their redemption. This, however, fur-
adequate security against over issues. On
-‘Joy.it in ty be perverted to inflate the cur-
:- Indeed, it is possible by this means to con-
• C th* debts ot the United States and State go v-
into Lank notes, without referenco to tho
f. 1 aired to redeem them. However vaiua-
1 ’ — >-curities may be in themselves, they can-
k. -r .averted into gold and silver at tho moment
*-» o:rr exporieuce teaches, in sufficient
r' : fweot bauk suspensions and the deprccia-
[• - iui-tn. In England, which is to a con-
yxient a paper-money country, thongh
■ ciialour owu in this reap c:, it wasooern-
J ■' • - anterior to the act of Parliament of
1 ’ - - vi>t iy separated the issue of notes from
I" l --“l department, tor tho Bank of England
|keep on hand gold and silver equal to one-
•Kroiubined circulation and depoaite*. If
■■ no# W ss no more than sufficient to secure
-. renibUitv of its notes, with the whole of
■ -■■'•iia »nd to some extont tho continent of Eu-
[^ : U»trid for its circnlation, rendering it al-
'•We that a sudden and immediate run to
' .."count should be mado upon it, the
. 'toon would certainly be insuficient under
■ S rystear. Each of our fourteen hnndred
’-J wit a limited ciroumferenco for its circu-
- ~ l in the course of a very few days the de-
. u-i ? ot 0 holders might demand from such a
r*., -ent amount in specio to compel it to
| V r .V ! ‘though it hadcoiu in its vaults equal
I . ■. i ii* iiainediat* liabilitiee. And yet I
I -’-re-, with the exception of the banks of
I i-’-at any Stato bank throughout the
| CI > required l,y its charter to keep this
* ’ 1'ropurtion of gold and silver compared
“ •""ant otitscombmed circulation nnd de-
l. i • * las been the consequence ?
1 at report made by the Treasury depart-
. -•■• r .njiti on of tho banks throughout the
U , Y According to returns dated noarest
a ;V . Hie aggregate amount of actual
l . . ^results is 349.83S, of their circu-
C *C, and of their deposites •930,351,-
>hi.““ Wears thst these backs in the aggre-
• a-niernbly lest than one dollar in seven
", ! " v ^ r , compared with their circulation
Tt‘ 1* was palpable, therefore, that tho
•tr’i'r'i Ur ’ 1 ,nu,lt <lr ‘V0 tlinm to suspension,
people of a convertible currency
k . ,*»'irous cousoquencos. It is truly won-
I . . key mould have so long continued to
—•'■credit, when a demand for the pay-
i.. . -^ventli of their immediate liabilities
I. unun them into insolvency. And this
,®f the banks, notwithstanding that
millions oi gold from California have
ns within the last eight years, and the
ptuJ?***** to flow ; indeed such has been
•: i •, hank credits that the banks now
; - o ;'; r »“ly less amount of specie, either in
,, , ‘ , ." tlr capital orto their circulation and
I ; • u they did before tha Uiscove-
1 “ lloru *“- 'Vhilst in the rear 184S,
I - ..iProportion to their capital was more
■ -•<•. < ’ ,1M dollar for four and a half, in 1337
■ ‘ loun t ,0 one dolliw for every six dollars
t ft, ^J®**®** of their capital. U the year
equal, within a very small nrac-
4 i* |Su. lu 11 *• to their circnlation nnd do-
■ tuf of o “ ? 0 ' equal to one dollar in seven
' ^rcircnlalirtnamt ffanO&itS.
r circulation and deposits.
■meat it is easy to account tor our
?*; (,f‘“7' lort be list forty yoars. It has been
expansions in the bnsrnesi
the best and most onterpnsiug
,<:,n Pted to their ruin by excessive
f *n*iii ll ,E! r *.P , Pcr credit exciting them to ex-
CS»«(lnc U,ioa * of foreign goods, wild epec-
' "l. t0 e»d demonJixiog sti ok gwnh-
*'fts* x !zJ, cr W* arrives, aa arrive it must, the
rri * to 80 relief to the people. I u a vain
hhta JwS ,heIr babUitlos in specie they are
*VbnP l, ! rac t their loans and their issues;
■^***1distress, when their assis-
|\^uqo io^^they and their debtors togeth-
tftoJ^VVstem of extravagant oximnaion,
./j’tliK ", ** pneo of every article far beyond
A- ifit >inE!i'E." m P* ro d m it li the cost ofsimi-
P^tvd, wtiKK? 11 *"** whose circnlation is wisely
’’ftrrts preventiid us flpom competing
• t *tra».' . foreign manufacturers, has
importations, and lias coun
•k * # surH °* ‘“ r K° incidental protection
'naniiliicturcrj by the pre-
ttroo rrT*' “ n * f° r rids the branches of onr
-I ■•J.i raw materials, the pro-
own country—such as cotton, iron |
and woolen fabrics—would not only have acquired
almost exclusive possession of the borne market, but
would bave created for themselves a foreign market
thronghont the world.
, Deplorable, however, as may be our present finan
cial condition, wo may yet indulge in bright hopes
l° r the future. No other nation has ever existed tnat
could have endured such violent expansions and con
tractions of paper credits without lasting injury; yet
tho buoyancy of youth, th« energies or onr popula
tion. and the spirit which never quails before diffi
culties, will cnnbloua soon to recover from our pre
sent financial embarrassments, and may even occa
sion os speedily to lorget tho lesjon which they hnvo
taught.
Only ol flic Government.
In tho meantime, it is the duty of tba government
by all proper means within its power, to aid in alle
viating the sufferings of tho people occasioned by
the suspension of the banks, nnd to provide against a
recurrenco ot thesame calamity. Unlortnnately, in
either aspect of the case, it can do bnt little. Thanks
to tho independent treasury, the government has
not. suspended payment, as it was compelled to do
by the failure of the banks in 1837. It will continue
to discharge its liabilities to the people in gold and
silver. Its disbursements in coin will pass into cir
cnlation, and materially assist in restoring a sound
currency. From its high credit, should wo be com
pelled to make a temporary loan, it can he effected
on advantageous terms. This, however, shall, if
possible, be avoided; but if not, then the amount
shall be limited to tho lowest practical sum.
I have, therefore determined that whilst no useful
government work* already in progress shall be sus
pended, tew works, not already commenced will be
postponed, if this can bo done without injury to the
country. Thoso necessary for its defence shall pro
ceed ns though there had been no crisis in our mon
etary affairs.
Hut the federal government cannot do much to
provide against a recurrenco of existing evils.—Even
if insurmountable objections did not exist against
the creation of n National Hank, this would furnish
no adequate preventativo security. The history of
the last hank of tho United States abundantly proves
the truth of this assertion. Such a bank could not, if
it would, regnlato tho issues and credits of fourteen
hundred State Banks in sack n manner as to pre
vent the ruinous expansions nnd contractions in our
cuiTeucy, which afllictedthe country throughout the
existence of the lute bank or secure us against fu
ture suspensions. In 1895, an effort was made by
the Hank of England to curtail the issues of the
country banks under tho most favorable circum
stances. The paper currency had been expanded
to a ruinous extent, nnd tho trank put forth ail its
power to contract it, iu order to reduco prices and
rostoro the equilibrium of fbe foreign exchanges. It
accordingly commenced a system of curtailment of
its loans and issues iu tho vain hopo that the joint
stock and private banks of tho kingdom would bo
compelled to follow its examples. It found, how
ever, that as it contracted they expanded, and at the
end of tho process, to employ the Inngnago of a very
high official authority, "whafevcrreduction of the
paper circulation was effected by the Hank of Eng
land (in 1823) was more than made up iiy tire issues
of the country banks.”
Bnt a Hank of the United States would not, if it
could, restrain tho issues aud loans ot the State
banks, because its duty ns areguiator of tho curren
cy must often ho in direct conflict with tho im.ncdi
ate interest of its stockholders. If we expect one
agent to restrain or control another, their interests
must, at least in some degree, bo antagonistic. But
the directors of a U.-mk of tho United States would
feel thesame interest and same inclination with the
directors of the Stato banks to expand tboeurrcucy,
accommodate their favorites and friends with loans,
and to declare large dividends. Such has been our
experience in regard to the last hank.
Duty of itac States.
After all, we must mainly rely upon tho patriotism
and wisdom of tho States for the prevention and re
dress of the evil. If they will afford us a real specie
basis for our paper circulation by iucroasiug the de
nomination of bank notes, first to twenty, and after
wards to fifty dollars ; if they will require that the
banks shall at all times keep on baud at least one
dollar of gold and silver for every throe dollars of
their circulation and deposits ; aud if they xvill pro-
vido by a self-executing enactment, which nothing
can arrest, thnt tho moment they suspend they shall
go into liquidntion. I believe that such provisions,
with a weekly publication by each bank of a state
merit of its condition, would go far to secure us
against tuturo suspensions of specie payments.
A Bankrupt JLnw.
Congress, in my opinion, possesses tho power to
pass a uniform bankrupt law applicable to all bank
ing institutions throughout the United States, and
I strongly recommend its ext-rciso. This would
make it the irreversible organic law of each banks
existence, that n suspension of specie payments shall
produce its civil death. The instinct of self-preser
vation would then compel it to perform its duties iu
such n manner as to escape the penalty and preserve
its life.
The existence of bonks, and tho circulation of
bank paper are so identified with the habits of our
people, that they cannot at this day be suddenly
abolished without much immediate injury to tho
country. If wc could confine them to tficir appro
priate sphere and prevent them from administering
to the spirit of wild and reckiesi speculation by ex
travagant loans aud issues, they might bo continued
with advantage totbopublio.
Hut this I say, after long and much reflection; if
experience shall provo it to be impossible to enjoy
tbe lacilities which well regulated banks might af
ford, without at the same time suffering the calami
ties which the excess of tho banks have hitherto in
flicted upon the country, it would then ho far tbe
lesser evil to depri vo them altogether of the power
to issae a paper currency and confine them to tho
functions of banks of deposite and discount.
Foreign Relations
Our relations with foreign governments arc. upon
the whole, in a satisfnctory'conditiun.
The diplomatic ditiicnltics which existed between
the government of the United States and that of
Groat Britain at the adjournment of the last Congress
bave been happily terminated by tho appointment
of a British minister to this country, who Iras been
cordially received.
Whilst it is greatly to the interest, as I am con
vinced it is the sincere desire, of the governments
and people of tho two countries to be on terms of
intimate friendship with each other, it has been our
misfortune almost always to havo bad some irritat
ing, if not dangerous, outstanding question with
Great Hritinn.
Central America.
Since the origin of the government wo havo been
employed in uegotiatiug treaties witlr tiiat power,
anu afterwards in discussing their true intent and
meaning. Iu this respect, the convention of April
19,1830, commonly cailtd the Clayton and Bulwer
treaty has been tho most umortnnate of nil; because
tho two governments placo directly opposite and
contradictory constructions upon its first and most
important article. Whilst, in the United States, we
believed that this treaty wonid place both power#
open nil exact equality l>y tho stipulations that ncith-
will ever ocupy, or colonizo, assume, or exercise
any dominion,’ ’ over any part of Centra! America, it
is contended by tho British Government that tho
true construction of this language has left them in
tho righttful possession of all that portion of Central
America which was in their occupancy at tho date
of the treaty; in fact, that the treaty is a virtual re
cognition ou tho part of the United States ol tbe
right of Great Britain, either as owner or protector,
to the whole extensive coasts of Central America
sweeping rouud from the Bio Hondo to tho port and’
harbor of Sou Juan de Nicaragua, together with tbe
adjacent Bay Islands, except the comparatively small
portion of this between tho raarstoon and Capo Hon-
duras. ....
According to their construction, tho treaty does
no in e than simply prohibit them from extending
their possessions in Central America beyond, these
limits- It I* not too much to assert, that if in the
United States the treaty had been considered sus-
centible of such a construction, it never wonld.have
been negotiated under the authority of the President,
nor wonld it have received tfio approbation of the
Senate. The universal conviction in tbo United
States was, that when our government consented to
violate ita traditional and umo honored policy, nnd to
stipulate with a toreign government never to occupy
territory in tbe Central American portion of our own
continent, tho consideration for this sacrifice was
that Great Britain should, in this respect at leMt. pe
placed in thesame position with ourselves. \\ hilst
we bave no right to doubt the sincerity of the British
covernmeut ui their construction of the treaty, it ja
at tho same time my deliberate conviction that this
construcliou is in opposition both to its letter and its
,J> Under tho late administration, negotiations were
instituted between the two governments for tho put-
pose if possible, of removing these difficulties; and
a treaty having this laudable object in view was
signed at Loudon on tba 17th of October, 183C, and
was submitted by the President to the Senate on the
following 10th ot December. Whether this treaty,
either in"its original or amended form, would have
accompliihed the object Intended without giving
birth to new and embarrassing complication* be-
tween the two governments, may, perhaps, he well
cautioned- Certain it is however, it was rendered
mucilws objections ble by the different amendments
in it by tbe Seuate. Tbo treaty, as amended,
ratified oy me on the 12th of March, 1857, end
Zu transmitted* to London for ratification by tbo
British Government. That government expressed
its wilfin-ness to concur in aU the amendmortsmade
by tbe Senate, with the single exception of the
cfauio relating to Beaten and tho other .Aimsmthe
i • ..: 1 !<>.. 1 jVn-. The i-rtioh mttie ongma treaty,
as submitted to the Senate, utter I ! eclt 1 i“° HitVr.in.
island and their inhabitants, “having been by a con
vention bearing date the 27th day of August, 1856, be
tween her Britannic Majesty and tbe Republic of
Honduras, constituted and declared a tree Territory
nnder tbe sovereignty of the said Republic of Hon
duras,” stipulated that •• the two contracting parties
do hereby mutually engage to recognise and respect,
iu all future time, tbe independence and rights of
the said free Territory as a part of the Republic of
Honduras.
Upon on examination of tbis convention between
Great Britain and Honduras of tho 57th August, 1856,
it was found that, whilst declaring tbo Bay Islands
to bo a “free territory under tbe sovereignty of the
Republic of Honduras,” it deprived that Republic
of rights without which its sovereignty over them
could scarcely be said to exist. It divided them
from tbo remainder of Honduras, and g^ave their in
habitants a separate government of their own, with
legislative, executive, and judicial officers, elected
by themselves. It deprived tho government of
Honduras of tho taxing power in every form, and
exempted the people of tho islands from the perform
ance of military duty, except for their own exclusive
defence. It also prohibited that Republic from
erecting fortifications upon them for their own pro
tection—thus leaving them open to invasion from
any quarter; and, finally, it provided “that slavery
shall not, nt any time hereafter, bo permitted to ex
ist therein.”
Had Honduras ratified tbis convention, she wonld
have ratified the establishment of a State substantial
ly independent within her own limits, and a Stato at
all times subject to British influence and control.
Moreover, bad tho United States ratified tho treaty
with Great Britain iu its original form, we should
have been bound “to recognise acd respect in all
future time” these stipulation to tho prejudice
of Honduras. Being in direct opposition to the spirit
and meaning of tbo Clayton and Bulwer treaty as
understood in the United States, the Senate rejected
the entire rlnnse, and substituted ia its stead a sim
ple recognition of tho sovereign right of Honduras
to theso islands in the following langugo: “The two
contracting parties do hereby mutually engage to
tecoguizo nud respect the islands of Ku.itan, Bounce,
Utila, Hnrbnrettn, Helena and Mornt, situate in tbo
Bay of Honduras, and off the coast of tbe republic of
Honduras, as uuder the sovereignty and as part of
the said republic of Honduras.”
Great Britain rejected this amendment, assigning
as the only reason, that the ratification of the con
vention of the 27th August, 1856, between her and
Honduras, had not been “ exchanged, owing to the
hesitation of that government.” Had tins boon
donc.it is stated that “her Majesty's government
would have had little difficulty in agreeing to tho
modification proposed by tiio Senate, which then
would havo had in effect the same signification as
the original words.” Whether this would have been
the effect; whether the mere circumstance of the
exchange of the ratifications of the British conven
tion with Honduras prior iu point of time to the rati
ficatiun of our treaty with Great Britain would “ in
effect,” have had “ the same signification as the orig
inal wording,” and thus have nullified the amend
ment of the Senate, may well be doubted. It is,
perhaps, fortunate that tho question lias never
arisen.
Bnt the British goveument, immediately after re
jecting tho treaty as amended, proposed to enter into
a new treaty with the United States, similar in* all
respects to the treaty which they" had jnst refused to
ratify, if the United States would consent to add to
the Senate’s clear and unqualified recognition of flic
sovereignty of Honduras over tho Bay Islands tho
following conditional stipulations : “ Whenever and
so soon ns tha Republic of Honduras snail havo
concluded and ratified a treaty with Great Britain
by which Great Britain shall havo ceded, and the
Republic of Honduras shall have accepted, the said
islands, suhiect to tho provisions nud conditions
continued in such treaty.”
This proposition was, of course, rejected. After
the Senate had refnsed to recognize the British con
vention with Honduras of the 27th of August 1856,
with full knowledge of its contents, it was impossi
ble for me, necessarily ignorant of “ the provisions
and conditions” which might be continued iu a future
convention between the same parties, to sanction
them in advance.
The fact is. that when two nations, like Great Brit
ain and the United States, mutually desirous, astiiey
are, and I trust ever may be, of maintaining the
most friendly relations with each other, have unfor
tunately concluded a treaty which they understand
in senses directly opposite, tho wisest course is to
abrogate suck a treaty by mutual consent, nud o
commence anew. Had Urn been dono promptly, all
difficulties in Central America would most probably
ere tbis have been adjusted to tbo satisfaction of
both,parties. The time spent in discussing the
meaning of the Clayton and Bulwer treaty would
have been devoted to this praiseworthy purpose,
and the task would have been the more easily ac
complished, because the interest of tho two coun
tries in Central America is identical, being confined
to securing sato transits over all the rente* across
the isthmus.
Whilst entertaining theso sentiments, I shall ne
vertheless not refuse to contribute to any reasonable
adjustment of tho Central American question which
is not practically inconsistent with the American in
terpretation of the treaty. Overtures for tbis pur
pose have been recently made b.i tbe British go
vernment in a friendly spirit, which I cordially re
ciprocate ; but whether this rcuewed effort will re
sult in success, I am not yet prepared to express an
opinion. A brief period will determine.
Fruucc and Russia.
With Franco our ancient relations of friendship
still continue to exist. The French government have
in several recent instances, which ueed not bo enu
merated, evinced a spirit of good will and kindness
towards onr country, which I heartily reciprocate.
It is, notwithstanding, much to be regretted that two
nations, whose productions are of such a character
as to invite tho most extensive exchanges nnd fre
est commercial intercourse, should continue to en
force ancient and obsolete restrictions of trade
against each other. Our commercial treaty with
France is in this respect an exemption from our
treaties with all other commercial nations. It jeal
ously levies discriminsting duties both on tounago
and on articles, the growth, produce, or manufacture
of the one Country, when arriving in vessels belong
ing to tho other.
More than forty years ago, on the 3d March, 1815,
Congress passed an act offering to all nations to
admit their vessels laden with their national produc
tions into the ports of the United States upon the
same terms with our own vessels, provided tlioy
would reciprocate to us similar advantages. This
act confined the reciprocity to the productions of
the respective foreign nations who might enter into
the proposed arrangement with tho United States.—
Tho act ot May 24, 1828, removed tbis restriction,
and offered a similar reciprocity to ail such vessels
without reference to the origin of their carges. Up
on these principles, our commercial treaties and ar
rangements bave been tounded, except with
France ; and let ns hope that this exception may
not long exist.
Our relations with Itnssia remain, as they havo
ever been, on the most friendly footing. The pres
ent Emperor, as well as his predecessors, bave never
failed, when tho occasion offered, to manifest their
good will to our country; and their friendship has
always been highly appreciated by the government
and peoplo of the United States.
Spain.
With all other European governments, except that
of Spain, our relations are os peaceiul os wo conld
desire. I regret to say that no progress whatever
has been made since the adjournment of CoDgross,
towards tbe settlement of any of tbe numerous claims
of our citizens against tho Spanish government.
Besides, the outrage committed on our flag by the
Spanish war frigate Serrolana on the high seas, off
the coast of Cuba, in March, 1855, by firing into the
American mail steamer El Dorado, and detaining
and searching her, remains unacknowledged and un
redressed. Tho general tone aud temper of the
Spanish government towards that of the United
States are much to be regretted. Our present envoy
extraordinary and minister plenipotentiary to Mad
rid has asked to be recalled ; and it is my purpose
to send out a new minister to Spain, with special in
structions on all questions pending between tbe two
governments, and with * determination to bave
them speedily and amicably adjusted, if this bo pos-
. . . .
Iu the meantime, whenever our minister urges the
just claims of our citizens on tho notice of tho Span
ish government, be is met with the objections that
Congress havo never made tho appropriation recomr
mended by President Polk in his annual message of
December, 1847, “ to bopaid to the Spauish govern
ment for the'purpose of distribution among tbe
claimants in the Armlstead case,'' A similar re
commendation was mode by my immediate prede
cessor in the message of December, 1853; and en :
tirely concurring with both in the opinion that this
indemnity is justlv due nnder the treaty with Spain
of tba 27th of October. 1795,1 earnestly recommend
sneb an appropriation to tbe favorable consideration
of Congress.
Turkey.
A treaty of friendship and commerce was conclu
ded at Constantinople on the 13th December, 18ao,
between the United States and Persia, the ratifica
tions of which were exchanged at Constantinople on
tbe 13th June* 1857, and the treaty was proclaimed
by the President on the 18th August, 1857. This
treaty.it is believed, will prove beneficial to Ameri
can commerce. The Shan has manifested an eara
tal disposition to cultivate friendly relations with
our country, and has expressed a strong wish that
we should be represented at Teheran by a minister
lipotentiary, and I recomme nd that an appropria
tion bo made tor tbis purpose.
Claiuu,
Recent occurrences in China havo been unfavor
able to a revision of the treaty with that empire of
tha 3rd of July, 1544, with a view to the security and
extension of our commerce. The 24th article of this
treaty stipulated for a revision of it in case experi
ence should prove this to be requisite : “iu which
case the two governments will, at'the expirat ion of
twelve years from tho date of said convention, treat
amicably concerning the same, by means of .suita
ble persons appointed to condnct such negotiations.”
These twelve years expired on tbe 3rd of July, 1856;
but ion; before that period it was ascertained that
important changes in the treaty werO necessary;
and several fruitless attempts were mado by tho
commissioners of the United States to effect these
changes. Another effort was about to bo made for
the same purpose by our commissioner in conjunc
tion with the ministers of England and France, but
tbis was suspended by the occurrence of hostilities
in tho Canton river botween Great Britain and the
Chinese empire. These hostilities bave necessarily
interrupted tho trade of ail nations with Clinton,
wbich is now in a state of blockade, and have oc
casioned a serious loss of life and property.. Mean
while the insurrection within tbe empire against the
existing imperial dynasty still continues; and it is
difficult to anticipate what will bo tbo result.
Under these circumstances, I have deemed it ad-
vlsablo to appoint a distinguished citizen of Penn
sylvania, envoy extraordinary and minister plenipo
tentiary to prooeccd to China, afaLio avail himself
of any opportunities whicii may offer to effect chan
ges in tho existing treaty favorable to American
commerce. He left tho United States for tho place
of bis destination in July last, in the war steamer
Minnesota. Special ministers to China havo also
been ippointcaby tho governments of Great Britain
and France.
Whilst our minister has been instructed to occu
py a neutral position in reference to the existing
hostilities at Canton, he will cordially co-oporato
with tho British and French ministers in all peaeoful
measures to secure, by treaty stipulations, those just
concessions to commerce which the nations of tho
world bare a right to expect, and wbich China can
not long bo permitted to withhold. From assurances
received, I entertain no doubt that the three minis
ters will net in harmonious concert to obtain similar
commercial treaties for each of tbo powers tbey re
present;
Wo cannot fail to feel a deep interest in all that
concerns tho welfare of the independent republics
ou onr continent, os well as of the Empire of Brazil.
Uur difficulties with New Grenada, which a short
time since bore so threatening an aspect, are, it is to
be hoped, in a fair train of settlement, in n manner
just and honorable to both parties.
The Isthmus.
Tho isthmus of Central America, includiog that of
Panama, is the great highway between tbo Atlantic
and Pacific, over which a large portion of the com
merce of the world is destined to pass. The United
States are more deeply interested than any other na
tion in preserving tn3 freedom aud security of oil
the communications against this isthmus. It is our
duty, therefore, to take care that they shall not bo
interrupted, oither by invasions from onr own
country or by wars between the Independent States
of Central America. Under our treaty with New
Grenada, on the 12th of December, 1846, wo are
bound to guarantee tho neutrality of tlio Isthmus of
Panama, through which the Panama Railroad passes,
“as well as the rights of sovereignty, and property
which Now Grenada has and possesses over the said
Territory.” This obligation is founded upon equi
valents granted by tbe treaty to the government and
people of tbe United States.
Under these circumstances, I recommend to Con
gress the passage of an act anthorizing tho Pres
ident, in case of necessity, to employ the land and na
val forces of tho United States, to carry into effect
this guarrautee of neutrality and protection. I also
recommend similar legislation for the security of
any other route across tho Isthmus, to which we
may acquire rn interest by treaty.
Filibustering.
With the independent republics on tbis continent,
it is both our dnty and our interest to cultivate the
most friendly relations. Wc can never feel indif
ferent to their fate, and must always rejoice in their
prosperity. Unfortunately, both for them nnd for
us, our example aud advico have lost much of their
influenco in consequence of the lawless expeditions
which havo been fitted out against somo of them
within tho limits of our country. Nothing is better
calculated to retard our steady mat trial progress, or
impair our character as a nation, than the toleration
of such enterprises in violation of the law of nations.
It is ono of the first and highest duties of any inde
pendent State, in its relations with the members of
the great family of nations, to restraiu its poople
from acts of hostile aggression against their citizens
or subjects. Tho most eminent- writers on public
law do not hesitate to denotinco such hostile acts as
robbery and murder.
Weak end feeble States, like those of Central
America, may not feel themselves able to assert aud
vindicate their rights. Tbe case would be far dif
ferent if expeditions were set on foot within onr own
territories to make a private war against a powerful
nation. If such expeditions were fitted out from
abroad against any portion of our country, to burn
down our cities, murder and plunder the people, and
usuip our government, wo Bhould call any power on
earth to the strictest nccount for not preventing such
enormities.
Ever sinco the administration of General Wash
ington, acts of Congress have been in force to pun
ish severely tbe critnu of setting on foot a military
expedition within the limits of the United States, to
proceed from Iheuco against a nation or State with
whom we are at peace. The present neutrality act,
of April 20tb, 1818, is but little more than a collec
tion of pre existing laws. Under tbis act tbo Presi
dent is empowered to employ tbo land and naval
forces, ami tho militia, "for the purposo of prevent
ing the carrying on of any such expedition or cuter-
prize, from tbe territories and jurisdiction of the U-
mted States,” and the collectors of customs are au
thorized and required to detain any vessel in port,
when there is reason to believo she is about to take
part in such lawless enterprizes.
When it was first rendered probablo that an at
tempt would be made to get up anotkar unlawful ex
pedition against Nicaragua, the Secretary of State
ssued instructions to tue marshals and district at
torneys, which were directed by tbe Secretaries of
War and tbe Navy to the appronriate army and na
vy officers, requiring them to be vigilant, and to use
their best exertions in carrying into effect tho pro
visions of tbo act of 1818. Notwithstanding these
precautions, the expedition has escaped from our
shores. Such enterprizes can do uo possible good
to tbo country, but nave already inflicted mneb in-
. ury both on its interests and its character. They
' tave prevented peaceful emigration from tbe United
States to the States of Central America, which conld
not fail to prove highly beneficial to all tbe parties
concerned, lu a pecuniary pointof view alone, our
citizens have sustained heavy losses from the seiz
ure and closing of tho transit route by the San Juan
between tho two oceans.
The leader of tho recent expedition was arrested
at New Orleans, but was discharged on giving bail
for bis appearance in tho insufficient sum of two
thousand dollars.
I commend tho whole subject to the serious atten
tion of Congress, believing that our duty and onr
interest, as well as our national character, require
that wo should adopt such measures as will be effect
ual in restraining our citizens from committing such
outrages.
Paragna.
I regret to inform you that tbe President of Para
guay has refused to ratify the treaty botween the U-
uited States and that State as amended by the Sen
ate, tbo signature of which was mentioned in tbe
messago of my predecessor to Congress at the open
ing of its session iu December, 1 8j3. Tito reasons
assigned for tbis refusal will appear in the corres
pondence herewith submitted.
It being desirable to ascertain the fitness of the
river La Plata and its tributaries for navigation by
steam, the United States steamer Water Witch, was
sent thither for that purposo iul853. This enter-
prize was successfully carried on until February,
1855, when, whilst in tho peaceful prosecution of her
voyage up tho Parana river, tho steamer was lired
upon by a Paraguayan fort. Tho firo was retained;
but as the Water Witch was of small force, and not
designed for offensive operations, sbo retired from
the conflict. The pretext upon which tho attack
was made was a decree of the President of Paraguay
of October, 1853. prohibiting foreign yessels of war
from navigating tbe rivers ot that State.
As Paraguay, however, was the owner of bnt one
bauk of the river ot that name, the other belonging
to Corrientes, a State of tbe Argentine Confedera
tion, the right of its government to expect that each
a decree would be obeyed cannot be acknowledged.
But the Water Witch was not, properly speaking, a
vessel ol war. She was a small steamer engaged in
a scientific enterprize, Intended for^ the advantage
of commercial States generally. Under these cir
cumstances, I am constrained to consider the at
tack upon her as unjustifiable, and as calling for sat
isfaction from the Paraguayan government.
Citizens of the United States also, who were es
tablished in business in Paraguay, have had their
property seized and taken from them, and have oth
erwise been treated by the authorities in an insult
ing and arbitrary manner, wbich require redress.
A demand for theso purposes will be made in a
firm, but conciliatory spirit. This will tho more
probably be granted, If tbe Execntivo shall have au
thority to use other means in the event of a refusal.
This ia accordingly recommended.
Kansas*
for the purpose of framing a Constitution, preparato
ry to admission into the Union. This law was in the
mam fair and tost; and it is to he regretted that all
the qualified electors had not registered themselves
and voted under its provisions.
At the time of the election for delegates an exten
sive organization existed in tho Territory, whose
avowed object it was, if need he, to put down the
lawful government by force, and to establish a gov
ernment of their own under tho so-called Topeka
Constitution. The persons attached to tbis revolu
tionary organization abstained from taking any part
in the election. _
The act of tho territorial legislature had omitted
to provide for submitting to the peoplo the Consti
tution wbich might bo frainod by tho Convention,
and in tho excited stato of public feeling throughout
Kansas, an apprehension extensively prevailed that
a design existed to force upon them a Constitution
m relation to slavery against their will. In this
emergency it became my dnty, as it was my unques
tionable right, having in view the union of all good
citizens in support of tho territorial laws, to express
an opinion on the true construction of the provisions
concerning slavery contained in the organic act of
Congress of the 30 th Slay, 1854. Congress declared
it to be “the true intent aud meaning of this act not
to legislate slavery into any Territory or Stato, nor
to exclude it therefrom, but to leave the people there
of pcrlectly free to form and regulate their domestic
institutions jn their own way.” Uuder it, Kansas,
“when admitted as a State,” was to “be received in
to the Union with or without slavery, ns their Con
stitution may prescribe at the time of their admis
sion.”
Did Congress mean, by this language, that the
delegates elected to frame a Constitution should
have authority finally to decide tho question of sla
very, or did they intend, by leaving it to the people,
that the people of Kansas themselves should decide
this question by a direct vote 7 On this subject I
confess I bad never entertained a serious doubt, and
therefore, in my instructions to Gov. Walkor, of tbe
28tji of March last, I merely said that when a “Consti
tution shall be submitted to tho people of the Terri
tory, they must bo protected in the exercise of their
right of voting for or against that instrument, and
the fair expression of the popular will must not be
interrupted by fraud or violence.”
In expressing this opinion it was far from my in
tention tointerfere with tbe decision of the people of
Kansas, either for or against slavery. From this I
have always carefully abstained. Intrusted with
tho duty of taking “care that tho laws be faithfully
executed,” iny only desire was, that the people of
Kansas should furnish to Congress the evidenco re
quired by the organic act whether for or against sla
very ; and in this manner smooth their passage into
tho Union. In emerging from tho condition of terri
torial dopendcuco into that of a sovereign State, it
was their duty, in my opinion, to make known their
will by the voteB of tho majority, on the direct ques
tion whether this important domestic institution
should or should not continue to exist. Indeed, this
was the only possible mode in which their will could
be authentically ascertained.
The election of delegates to a conreniiou must ne
cessarily take p'ace in separate districts. From this
cruse it may readily happen, as bos often been the caso,
that a majority of the people of a State or Territory are
on one side of a question, whilst a majority of the rep
resentatives from the several districts into wbich it is
divided may bo upon the other side. This arises fiom
tbe tact that in somo districts delegates mav be elected
by small majorities, whilst in others those of different
sentiments may receive majorities sufficiently great not
only to overcome tho votes given for the former, but to
leave a large majority of the whole people in direct
opposition to tbo-majority of the delegates. Besides,
our history proves that influences may bo brought to
bear on tho representative sufficiently powerful to in
duce him to disregard the will of his constitu enta.—
The truth is, that no other authentic and satisfactory
mode exists of ascertaining the will of a majority of tho
people of any State or Territory on an importuit and
exciting question like that of slavery in Kansas, except
by leaving it to a direct vote. How wise, then, was it
for Congress to pass over ail subordinate and inter*
mediate agencies and proceed directly to tbe source of
all legitimate power under our institutions!
How vain nould any other urinciple prove in prac
tice! This may be illustrated by the case of Kansas.
Should she be admitted into the Union, with a Con
stitution cither maintaining or abolishing slavery,
against the sentiment of the people, this could havo no
other effect than to continue and to exasperate tbo ex
isting agitation during the brief period required to
make the Constitution conform to tbe irres is table will
of tho majority,
friends a
At this election ovefy citizen will haveau opportnni- snry consequence not only that wo possess the power
tv of expressing hts opinion by hisvotc, ” whether but it is ourimperativo duty to construct such a road!
Kansas shall bo received into tho Union with oi- with- '*
out slavery,” end thus this exciting question may be
peaceably settled in tho verv motlo required by theor-
It is unnecessary to state in detail tho alarming
condition of the Territory of Kansas at the time ot
my inauguration. The opposing parties then stood
in hostile array against each other, and any accident
might havo relighted the flames of civil war. tie
sides, at this critical moment, Kansas was left with
out a Governor, by the resignation of Governor
Geary.
Ou the 19th of February previous, tho territorial
legislature had passed a law providing for tbe elec
tion of delegates on the third Monday of September,
Tbo friends and supporters of the Nebraska and
Kansas act, when struggling on a recent occasion to
sustain its wise provision before tbe great tribunal of
American people, never differed about its true meaning
oa this subject. Everywhere throughout tbe Union,
they publicly pledged their faith aud tbeir honor, that
tbey would cheerfully submit tbe question of slavery
to the decision of tbeoona fide people of Kansas, with
out any restriction or qualification whatever. Ail were
cordially united upon the great doctrine|of popular
sovereignty, wbich is tho vital principle of our free iu
slitutions.
Had it then been insinuated from any quarter that
it would be a sufficient compliance with tbe requisi
tion of thoorganic law for tbe members of aconvenlion,
thereafter to bo elected, to withhold tbe question «f
slavery from tbo people, and to substitute their own
will for that ofa legally ascertained majority of all their
constituents, this would have been instantly rejected.
Everywhere tbey remained true to the resolution
adopted on a celebrated occasion recognizing “tbe
rights of the people of all the Territories—including
Kansas aud Nebraska—acting through the legally and
fairly expressed will of a majority of actual residents,
and whenever tbe number of their inhabitants justifies
it,4o form a Constitution, with or without slavety, and
be admitted Into tho Union upon terms of perfect
eqality with the other States,”
The convention to frame a Constitution for Kansas,
met on tbe first Monday of September last They were
called together by virtue of an act of the territorial
legislature, whose lawful existence bad been recognised
by Congress in different forms and by different enact
ments. A large proportion of tbe citizens of Kansas
did not think proper to register their names and to
vote at tbe election for delegates; but an oportunily to
do tbis having been fairly afforded, their refusal to
avail themselves of their right could in no manner affect
the legality ol the convention.
Tbia convention proceeded to frame a Constitution
for Kansas, and finally adjourned on tbe 7th day of
November. But little difficulty occurred iu tbo con
vention, except on the subject of slavery. Tbe truth
is. that tbe geueral provisions of our recent State Con.
slitutions are so similar—and, I may add, so excellent—
that tbe ditfercnee between them is not essential.—
Under tbe earlier practice of the government, no Con
stitution framed by tbe convenuon of a Territory
preparatory to its admission into the Union as a State,
bad been submitted to tbe people. I trust, however,
tbe example set by tbo last Congress, requiring that
tbe Constitution of Minnesota “ should be subject to
the approval and ratification of tbe people oi tbe pro
posed estate,” may be followed on future occasions. I
took it for granted that tbe convention of Kansas would
act in accordance with tbis example, founded, as it is,
ou corrcctpriuciple; and bcoccmy instructions to
Governor Walker, in favor of submittng tbe Constitu
tion to tbe people, were expressed in general aud un
qualified terms.
In the Kansas Nebraska act, however, this require
ment, as applicable to the whole Constitution, had not
been inserted, and the convention were not bound by
its terms to submit any other portion of the instrument
to an election, except that which relates to tbe “do
mestic institution” of slavery. Tbis will be rendered
dear by u simple referenco to its language. It was
“ uot to legislate slavery into any Territory or State
nor to exclude it therefrom, but to leave tbo people
thereof perfectly free to lorm and regulate their domes
tic institutions in tbeir own way.” According to tbe
plain construction of tbe sentence, tbe words “ domes
tic institutions” have a direct, as they havo an appro
priate, reference to slavery. “ Domestic institutions”
are limited to tho family. The relation between mas
ter and slave and a few others, are “ domestic institu
tions,” and are entirely distinct from institutions of a
political character. Besides, there was no question
then before Congress, nor indeed bos there since been
any serious question before the people of Kansas or tbe
country, except tnat which relates to tbe ” domestic in
stitution" of slavery.
Tbe convention, after an angry and excited debate,
finally determined, by a majority of only two, to sub
mit toe question of slavery to tbe people, though at
the last, forty-three of tho fifty delegates presented
affixed their signatures to the Constitution.
A largo majority of tbeconventioo were in favor of
establishing slavery in Kansas. They accordingly in
serted an article in the Constitution for this purposo
similar in form to those which had been adopted by
other Territorial conventions. In the schedule, how
ever, providing for tho transition from a Territorial to-
a Stato government,ithc question has been fairly and
explicitly referred to the people, whether they will havo
a Constitution “ with or without slavery.” It declares
that, before the Constitution adopted by tho convention
“shall be sent to Congress for admission into the
Union as a State,” an election shall be held to decide
this question, at which all the white male inhabitants
of the Territory abovo tho age ol twcety-onc are entit
led to vote.
They aro to volo by ballot; and “ tho ballots cast at
said election shall ho endorsed ‘Constitution with
slavery,’ and ‘Constitution with no slavery.’” If
there be a majority in favor of tho “ Constitution with
slavery,” then it is to bo transmitted to Congress by
the president of tbe convention in its original form.—
If, ou the contrary, there shall be a majority in favor
of the “ Constitution with no slavery’''“then tho ar
ticle providing for slavery shall bo stricken from the
Constitution by the president of this conventionand
it is expresslv declared that “uoslavery shall exist in
the State of Kansas, except that the right of property
in slaves now iu the Territory shait iu no manner be
interfered with f and in that event it is made his duty
to hare tho Constitution thus ratified trausuiitted to
the Congress of tbe United States for the admission ol
iboBtate into tha Union.
ganic law. Tho election will bo held under legitimate
authority, and if any portion of tiie inhabitants shall
refuse to vote, a fair opportunity to do so having been
presented, tbis will be tbeir own voluntary-act, and
they alone will be responsible for tho consequences.
Whether Kansas shall be a free or slave State must
eventually, under some authority, bo decided by an
election; and the question can uercr be more clearly
or distinctly presented to the people than it is at the
present moment. Should tbis opportunity be rejected,
she may be involved for years in domestic discord, and
possibly iu civil war, before she can again mako up the
issue now so fortunately tendered, and again reach the
point she has already attained.
Kansas has for some years, occupied too much of tho
public attention. It is nigh time that this should be
directed to far more important objects. When onco
admitted into tbo Union, whether with or without
slavery, the excitement beyond her own limits will
speedily pass away, and she will then for tha first time
be left, as she ought to have been long since, to man
age her own affairs in her own way. If her Constitu
tion on the subject of slavery, or on any other subject,
be displeasing to a majority of th > people, no human
power can prevent them from cb tinging it within a
hrief period. Under theso circumstauces it may well
be questioned whether the peaceand quiet of the whole
country ore not of greater lmpnr tance than the mere
temporary triumph of either of the political parties in
Kansas.
Should tho Constitution without slavery be adopted
by tbe votes of the majority, the rights of property in
slaves now iu the Territory are reserved. The number
of these slaves is very small; but if it were greater the
provisions would beequallr just and reasonable. These
slaves were brought into the Territory under the Con
stitution of the United States, and aro now the proper
ty of their masters. This point tia3 at length been fi
nally decided by the highest judicial tribuna of the coun
try—and this upon the plain principle that when aeon-
federacy of sovereign States acquire a new territory at
their joint expense, both equality and justice demand
that the citizens of ono and all of them shall have tbo
right to take into it whatsoever is recognized as prop
erty by the common Constitution. To havesnmmarity
confiscated the property in slaves already in tbe Terri
tory, would have been an act of gr-ius injustice, and
contrary to the practice of the older States of I h e Union
which have abolished slavery.
Utah & file Mormons.
A territorial government was established for’Utah
by act of Congress, approved the 9th of September,
1850, and the Constitution and laws of the United
States were thereby extended over it “ go far as the
same, or any provisions thereof, may be applicable.”
Tbis act provided for the appointment by the President,
by and with the advice and consent of the Senate, ofa
Governor, who was to be ex-officio superintendent of
Indian afiairs, a secretary, three judges of the supremo
court, u marshal and a district attorney. Subsequent
acts provided for tbe appointment of theofficers neces
sary to extend onr lanu und our Indian aystem over the
Territory. Brigham Young was appointed tho first
Governor on fbe 20th of September, 1850, and has held
the office ever since. Whilst Governor Young has
been both Governor and superintendent of Indian af
fairs throughout this period, he has been at the same
time the head of the church called Latter Day Saints,
and professes to govern its members and dispose of
their property bv direct inspiration and authority from
tho Almighty. His power has been, therefore, absolute
over both Church and State.
The people of Utah, almost exclusively belong to this
church, and believing with a fanatical spirit that be is
Governor of the Territory by divino appointment, they
obey his commands as it these were direct revelations
from heaven. It, therefore, ho chooses that his gov
ernment shall come into collision with the gov
ernment ol tho United States, the members of the Mor
mon church will yield implict obedience to his will.—
Unfortunately, existing facts leave but little doubt that
such is bis determination.
Without entering upon a minute history of occurren
ces, it to sufficient to Bay that all the officers of the
Unitod States, judicial and executive, with the single
exception of two Indian agents, have found it necessa
ry for their own personal safety to withdraw from tho
Territory, and there no longer remains an v government
in Utah but the despotism of Brigham Young. This
being the condition of afiairs in the Territory, I could
not mistake the path of duty. As Chief Executive Mag
istrate, I was bound to restore the supremacy of tbo
Constitution and laws within its limits. In order to
effect this purpose, I appointed a new Governor and
other federal officers lor Utah,-and sent with them a
military force for their protection, and to aid as a posse
comitates, in ease of need, in tbe execution of the
laws.
With the religious opinions of the Mormons, os long
as they remain mere opinions, however deplorable iu
themselves and revolting to the moral and religious
sentiments of all Christendom, I had no right to inter
fere. Actions alone, when in violation of the Constitu
tion and laws of the United States, become the legiti
mate subjects (or the jurisdiction of tbo civil magis
trates. My instructions to Governor Cumming bave
therefore been framed in strict accordanae with these
principles.. At tbeir date a hope was indulged that no
necessity might exist for employing the military in re
storing and maintaining tbe authority of the law; but
this hope has now vanisfied.
Gor. Young has, by proclamation, declared his de
termination to maintain his power by force, and has al
ready committed acts of hostility against tho United
States. Unless he should retraco bis steps) the Terri
tory of Utah will be in a state of open rebellion. He
has committed these sets of hostility, notwithstanding
Major Van Vilet, an officer of the army, sent to Utah
by the commanding General to purchase provisions for
the troops, had given him tho strongest assurances ol
the peaceful intentions of the government, and that the
troops would only he employed as a posse comitates
when called on by the civil authority to aid in the exe
cution ot tbe laws.
There is reason to believe that Gov. Young has long
contemplated this result. He knows that tbe continu
ance ot his despotic power depends upon tbe exelusion
of all settlers from the Territory except thoso who will
acknowledge bis divine mission and implicitly obey Lis
will; and that an enlightened public opinion tbere
would scon prostrate institutions at war with the laws
both of God and man. Ho bos therefore for several
years, in order to maintain his independence, been in
dustriously employed in collecting and fabricating arms
and munitions of war and in disciplining the Mormons
tor military service.
As superintendent of Indian affairs ho has had an op
portunity ot tampering with the lodiau tribes, und ex
citing their hostile feelings against tbe United States.
This, according to our inlormation, he has accomplish,
cd in regard to some of these tribes, while others hare
remained true to tbeir allegiance, and have communi
cated bis intrigues to our Indian agents. He has laid
in a store of provisions for three years, which, in case
of necessity, as he informed Major Van Vilet, he will
conceal, “iand then take to the mountains, and bid de
fiance to all the powers of the government.”
A great part of all this may bo idle boasting; but yet
no wise governmeut will lightly estimate the efforts
which may be inspired by suchphrensied fanaticism as
exists among the Mormons in Utah. This is the first
rebellion wbich has existed iu our Territories; and hu
manity itselt requires that wo should put it down in
such a manner that it shall be the last. To frills with
it would be to encourage it acd render it formidable.
We ought to go there with such an imposing force as
to convince these deluded people that resistance wonld
be vain, and thus spare the eftusion of blood.
We can, in this manner, best convince them that wo
are their l'r.ends, not their enemies. In order to ac
complish this object it will bo necessary, according to
the estimate of the War Department, to raise four ad
dilional regiments: and this I earnestly recommend to
Congress. At the present moment of depression in the
revenues of tbe country I am Sony to be obliged to re
commend such a measure; but 1 feel confident of the
support of Congress, cost wbat it may, in suppressing
tbe insurrection and restoring and maintaining the sov
ereignty of tbe Constitution and Ians over tbe Territo
ry of Utah.
I recommend to Congress tbe establishment of a ter
ritorial government over Arizona, incorporating with it
such portions of New Mexico, os they may deem ex
pedient. I need scarcely adduce arguments in support
of this recommendation. We are bound to protect tbe
lives and tbe property of our citizens inhabiting Arizo
na, and these are now without any efficient protection.
Tbeir present number is already considerable, aud is
rapidly increasing, notwithstanding the disadvantages
under which tho^tabor. Besides, the proposed Territo
ry is believed to be rich in mineral and agricultural re
sources, especially in silver aud copper. The mails of
the United States to California are now carried over it
throughout ita whole extent, and this route is known
to be tho nearest, aud believed to be the best to tbe
Pacific.
Faciiic Kail ICoatl.
Long experiencobas deeply convinced mo thata strict
construction of the powers granted to Congress is the
onlj true, as well us tbe only safe theory of the Consti*
tution. Whilst this principle shall guide my public
conduct, I consider it clear that under the war making
power, Congress may appropriate money for the con
struction of a military load through the Territories of
'he United States, when this is absolutely nece.-.*ary for
too defence of any of the States against foreign inva
sion. The constitution has conferred upon Congress
power “ to declare war,” “to raise aud support armies,’’
to “provideand maintain a navy," and to call forth the
militia to “repel invasions.” Theso high and sover
eign powers necessarily involvo important and respon
sible public duties, aud among them there is r.ouo so
sacred and so imperative as th.it of preserving our soil
from the invasion ofa foreign euemr.
The Constitution has, therefore, left nothing oa this
point to construction, but expressly requires that tho
•• Uunitcd Stales shall protect each of them (the States)
against invasion. 1 ’ Now, it a military road over our
own Territories be indispensably necessary to enable
us to meet and repel the invader, it follows os it neces-
It would ba an absurdity to :nve a government with
the unlimited power to inako and conduct war, and at
tbo same timo deny to it the only means of reaching
and defeating the enemy at the frontier. Without such
a road it is quite evident wo cannot “ protect” Califor
nia and onr Pacific possessions “against invasion.”—
Wo cannot by any other means transport men and mu
nitions of war from tho Atlantic States in sufficient
time successfully to defend these remote and distant
portions of tho Republic.
Experience has proved that tho routes across the
Isthmus of Central America aro at best but a very un
certain and unreliable mode of communication. But
even if this were not tho caso, they wou Id at once be
closed against us in the event or war with a naval pow
er so much stronger thci onr own as to enable it to
blockade tho porta at either end of these routes. After
all, therefore, we can only rely upon a military road
through our own Territories; aud ever since the origin
of tho government, Congress has been in the practice
of appropriating money from tho public treasury for the
construction of such roads.
The difficulties and tho expense of constructing a
military railroad to connect our Atlantic and Pacific
States have been greatly exaggerated. The distance on
the Arizona routo near the 82d parallel of North lati
tude, between the western boundary of Texas on the
Rio Grande, and the eastern boundary of California on
the Colorado, from tbe best explorations now within
our knowledge, does not exceed four hundred nnd sev
enty miles, nnd the face of the country is, in the main,
favorable. For obvious reasons the government ought
not to undertake the work itself, by means of its own
agents.
This ought to bo committed to otheragencies, which
Congress might assist either by grants of land or mon-
ey,or by both, upon such terms and conditions os they
may deem most beneficial for tbe country. Provision
might thus bo made not only for the safe, rapid and
economical transportation of troops and munitions of
war, bnt also for pnblic mails. The commercial inter
ests of the whole country, both East and West would
be greatly promoted by such a road; and, above all, it
would be a powerful additional bond of union. And
although advantages of this kind, whether postal, com
mercial, or political, cannot confer copstitutioual pow
er, yet they may furnish auxiliary arguments in favor
of expediting a work which, in my judgment, is clearly
embraced within the war making power.
For these reasons I commend to the friendly consid
eration of Congress the subject of the Pacific railroad,
without finally committing myself to any particular
route.
Kcports Departmental, &c.
n,Tho report of tho Secretary of Treasury will furnish
a detailed statement of the condition of the public fi
nances and of tbe respective branches of the public ser
vice devolved upon that department of the government.
By this report it appears that the amount of revenue re
ceived from ail sources into the treasury during the fis
cal year ending 30th June, 1857, was $68,631,513 87,
which amount, with balance of $49,901,825 45, remain
ing in tbe tseasnry at the commencement of the year,
made an aggregate for the service of the year of $S3,-
582,839 12.
The public expenditures for tho fiscal year ending
30th June, 1857, amounted to $70,822,724 45, of which
$5,913,896 91 were applied to the redemption of the
public debt, including interest and premium, leaving m
the treasury at the commencement of the present fiscal
year, on the 1st July, 1857, $17,710,114 27.
The receipts into the treasury for the first quarterthe
present fiscal year, commencing 1st July, 1857, were
twenty million nine hundred and twenty-nine thousand
eight hundred and nineteen dollars and eighty one
cents ($20,929,819 81,) and tbe estimate receras of the
remaining threo quarters, to tho 30th June, 1858, are
thirty-six million seven hnndred and fifty thousand dol
lars, ($36,750,OOo) making with tho balance before
stated, on aggregate of seventy five million three hnnd
red and eighty uine thousand nine hundred and thirty-
fonr dollars, and eight cents, ($75,889,984 08), for the
service of tho present fiscal year.
Tbo actual expenditures daring the first quarter of
the present fiscal year were twenty-three million seven
hundred and fourteen thousand five hundred and twen-
ty-eigbt.dollara and thirty-seven cents, ($23,714,523 37)
of which three million eight hundred and ninety-five
thousand two hundred and thirty-two dollars and thir-
ty-uine cents ($3,895,232 89) were applied to the re
demption oftho publicdebt, including interest and pre
mium. The probable expenditures of the remaining
three quarters, to 80th June, 1858, are fifty-one million
two hundred and forty-eight thousand five hundred and
thirty dollars and four cents, ($51,248,330 04), includ
ing interest to the public debt, making an aggregate of
seventy-four million nine hnndred and sixty-three thou
sand and fifty-eight dollars and forty-one cents, ($74,-
963,058 41), leaving an estimate balance in tbe treasu
ry at the close of the present fiscal year of four hund
red and twenty-six thousand eight hundred and seven
ty-five dollars and sixty-seven cents, ($426,S75 67.)
The amount of the public debt at the commencement
of the present fiscal year was $29,060,386 90.
Tbo amount redeemed since the 1st of July last, was
$3,895,232 S9—leaving a balance unredeemed ot this
time, of $25,165,154 51.
The amount of estimated expenditures for the re
maining three quarters of the present fiscal year wilt,
in all probability, be increased lrom the causes set forth
in the report of the Secretary. His suggestion, there
fore, that authority should be given to supply any tem-
S ’ ficiency by tbe issues of a limited amount nt
lotos, is approved, and I accordingly recom-
passage ot such a law.
Aa stated in the report of the Secretary, the tariff of
March 3,1857, has been in operation for so short a pe
riod of time, and under circumstances so unfavorable
to a just development of its results os a revenue mea
sures, that I should regard it as inexpedient, at least for
the present, to undertake its revision.
1 transmit herewith tho reports made to me by the
Secretaries of War and of the Navy, of the Interior and
of the Postmaster General. They ail contain valuable
aud important information and suggestions which I
commend to tbe favorable consideration of Congress.
I have already recommended the raising of t our ad
ditional regiments, and the report of the Secretary of
War presents strong reasons proving this increase of
the army, under existing circumstances, to be indis
pensable.
I would call the especial attention of Congress to the
recommendation of the Sccretaiy oftho Nary in favor
of tbe construction of ten small war steamers of light
draught. For somo years tho government has been
obliged, on many occasions, to hire such steamers from
individuals to supply its pressing wants. At the pre
sent moment Vo nave no armed vessel in the navy
wbich can penetrate the rivers of China. We have
but few which can enter any of the harbors South of
Norfolk, although many millions of foreign and domes
tic commerce annually pass in and out of these harbors.
Some of our most valuable interests and most valuable
points are thus left exposed. This class of vessels of
light draught, great speed and heavy guns would be
formidable in coast defence. Tbe cost of tbeirconstruc-
tion will not be great, and they will require but a com
parative small expenditure to keep them in commission.
In time of peace they will prove as effective as much
larger vessels, and often more useful. One of them
should bo at eveiy station where we maintain a squad
ron, and three or four should be constantly employed
on our Atlantic and Pacific coasts. Economy, utility,
and efficiency combine to recommend them us almost
indispensable. Ten of these small vessels would he of
incalculable advantage to the naval service, and the
whole cost of their construction would not exceed
■$2,800,060.
The report of the Secrettuy of the Inferior is worthy
of grave consideration. It treats of tho numerous, im
portant and diversified branches of domestic adminis
tration intrusted to him by law. Among these the
most prominent aro the public lands and our relations
with the Indians.
Our system for disposing of tho public lands, origin
ated with the fathers of the republic, has been improv
ed as experience pointed tho way, nnd gradually adapt
ed to the growth and settlement of tbe western States
aud Territories. It has worked well in practice. Al
ready thirteen States and seven Territories have been
carved out of these lands, and still more than a thou
sand millions of acres remain unsold. What a bound
less prospect this preseuts to our country of futurepros-
perity and power.
We have heretofore disposed of 363,862,464 acres of
pnblic land.
Whilst the public lands as a source of revenue aro of
great importance, their importance is far greater hs
tarnishing homes for a hardy and independent race of
honest and industrious citizens, who desire to subdue
and cultivate tho soil. They ought to be administered
maimy with a view of promoting this wise and benev
olent policy. In appropriating them for any other pur-
pose^jve ought to use even greater economy than if
they had been converted into money aud tho proceeds
were already in the public treasury. To squander
away this richest and noblest inheritance which an-
people have ever enjoyed upon objects of doubtful con
stitutionality or expediency, would ba to violate one ot
tho most important trusts ever committed to any peo
ple. Whilst I do not deny to Congress the power,
when acting dona fide as a proprietor, to give away
portions of them for tho purpose of increasing the value
ol the remainder, yet, considering the great temptation
to abuso this power, we cannot he too cautious iu iis
cserciso.
i Actual settlers under existing laws aro protected
against other purchasers at the public sales, in their
right of pre emotion to the extent of a quarter section,
or 130 acres of land. The remainder may then be dis
posed of at public or entered at private sale ia unlimit
ed quantities.
Speculation has oflate years prevailed to a great ex
tent in tho public lauds. The consequence has been
that large portions of them have become the property
of individuals and companies, and thus the price en
hanced to those who desire to purchase tor actual set
tlement. Iu order to limit the urea of speculation as
much as possible, Ibe extiuctiou of the Indian title and
tho extension of the public surveys ought oniy to keep
puce with the tide ot emigration.
It Congress should hereafter grant alternate sections
to States or companies, as they have done heretofore, i
recommend that the intermediate sections retained by