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diff --git a/old/10951.txt b/old/10951.txt new file mode 100644 index 0000000..cecbf1b --- /dev/null +++ b/old/10951.txt @@ -0,0 +1,11132 @@ +The Project Gutenberg eBook, A Compilation of the Messages and Papers of +the Presidents, Volume V, Part 1; Presidents Taylor and Fillmore, by James +D. Richardson + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + +Title: A Compilation of the Messages and Papers of the Presidents, Volume +V, Part 1; Presidents Taylor and Fillmore + +Author: James D. Richardson + +Release Date: February 5, 2004 [eBook #10951] + +Language: English + +Character set encoding: US-ASCII + + +***START OF THE PROJECT GUTENBERG EBOOK A COMPILATION OF THE MESSAGES AND +PAPERS OF THE PRESIDENTS, VOLUME V, PART 1; PRESIDENTS TAYLOR AND +FILLMORE*** + + +E-text prepared by Juliet Sutherland, David Garcia, and the Project +Gutenberg Online Distributed Proofreading Team + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS, + +VOLUME V, PART 1 + +BY JAMES D. RICHARDSON + +A REPRESENTATIVE FROM THE STATE OF TENNESSEE + +1902 + + + + + + +This volume, the fifth of the series, comprises a period of twelve +years. It includes the four years' term of the Taylor-Fillmore +Administration and the full terms of Presidents Pierce and Buchanan. +This brings the history down to March 4, 1861, the beginning of the late +war between the States. These twelve years form an important and +eventful epoch in the affairs of our country, as they immediately +precede the war and cover the official utterances of the Executives +during this period. Some of the more important events and incidents of +these twelve years are the Bulwer-Clayton treaty with Great Britain for +a joint occupancy of the proposed ship canal through Central America; +the compromise measures of 1850; the admission of California, Minnesota, +Oregon, and Kansas as States; the Gadsden purchase, by which the United +States acquired 45,535 square miles of territory, being portions of +Arizona and New Mexico; the Kansas-Nebraska legislation; the famous Dred +Scott decision; the John Brown insurrection, and the disruption of the +Democratic party in the national campaign of 1860. + +This volume contains several veto messages which are interesting. By +President Pierce, vetoes of "An act making a grant of public lands to +the several States for the benefit of indigent insane persons;" of six +acts relating to internal improvements; of an act for a subsidy for +ocean mails, and of an act for the ascertainment and allowance of French +spoliation claims. By President Buchanan, vetoes of an act granting +lands for agricultural purposes; of two acts relating to internal +improvements, and of a homestead act. + +Interesting reading is furnished in the protests of President Buchanan +against the action of the House of Representatives in ordering the +appointment of a committee to investigate the conduct of the President. + The careful reader will find in this volume errors which the compiler +could not correct. For instance, on page 410 certain figures are given +from a report of the Postmaster-General, which when added do not produce +the total given. The error may arise from the failure to make the proper +addition, or it may be that the total is correct and that the figures +first given are incorrect. The original message contains the same error. +Similar errors occur elsewhere in the compilation. These matters are, +however, trivial and perhaps need not have been mentioned. + +JAMES D. RICHARDSON. +JULY 4, 1897. + + + + + +Zachary Taylor + +March 5, 1849, to July 9, 1850 + + + + + + +Zachary Taylor + +Zachary Taylor was born in Orange County, Va., November 24, 1784. He was +the third son of Richard Taylor, a colonel in the War of the Revolution, +who was conspicuous for his zeal and courage. In 1785 his father removed +to Kentucky, then a sparsely occupied county of Virginia, and made his +home near the present city of Louisville, where he died. Zachary had but +little opportunity for attending school in this new settlement, but was +surrounded during all the years of his childhood and early manhood by +conditions and circumstances well adapted to form the character +illustrated by his eventful career. In 1808 he was appointed a +Lieutenant in the Seventh Infantry, and in 1810 was promoted to the +grade of captain in the same regiment. The same year was married to Miss +Margaret Smith, of Maryland. For meritorious conduct in defending Fort +Harrison, on the Wabash River, against the Indians received the brevet +of major. In 1814 commanded in a campaign against hostile Indians and +their British allies on Rock River. Was made lieutenant-colonel of the +First Infantry in 1819, and in 1832 became full colonel of that +regiment, with headquarters at Fort Crawford, Prairie du Chien. Was +occupied with his regiment fighting the Indians in the Black Hawk and +other campaigns until 1836, when he was transferred to Florida for +service in the Seminole War. For gallant conduct there the next year +received the brevet of brigadier-general, and in 1838 was appointed to +the chief command in Florida. In 1840 was assigned to command the +southern division of the western department of the Army. About this time +he made his family home at Baton Rouge, La. In 1845 was ordered to the +defense of Texas, which had been annexed to the United States. He went +to Corpus Christi, and on March 8, 1846, advanced, and after some +fighting, in which he routed and drove the enemy across the Rio Grande, +on May 18 occupied Matamoras. He remained there for a short period, +obtaining reenforcements. In September fought the enemy at Monterey and +captured that town. The following February fought and won the battle of +Buena Vista. In the meantime, besides engagements less important, he had +won the victories of Palo Alto and Resaca de la Palma, which created +great enthusiasm throughout the Union. The terms of capitulation granted +by him to the enemy at Monterey were not approved by the Government at +Washington. Soon after the battles of Palo Alto and Resaca de la Palma +he received the rank of brevet major-general, and on June 27, 1846, was +appointed major-general and was commander in chief of all the American +forces in Mexico until Major-General Scott was ordered there in 1846. +The latter part of November returned to his home in Louisiana. Upon his +return to the United States he was received wherever he went with +popular demonstrations. Was nominated for President by the national +convention of the Whig party at Philadelphia on June 7, 1848, on the +fourth ballot, defeating General Scott, Mr. Clay, and Mr. Webster. At +the election on November 7 the Whig ticket (Taylor and Fillmore) was +successful, receiving 163 electoral votes, while the Democratic +candidates (Cass and Butler) each received 127 votes. He was inaugurated +March 5, 1849, and died in Washington City July 9, 1850. Was buried in +Cave Hill Cemetery, Louisville, Ky. + + + + + + +INAUGURAL ADDRESS. + +Elected by the American people to the highest office known to our laws, +I appear here to take the oath prescribed by the Constitution, and, in +compliance with a time-honored custom, to address those who are now +assembled. + +The confidence and respect shown by my countrymen in calling me to be +the Chief Magistrate of a Republic holding a high rank among the nations +of the earth have inspired me with feelings of the most profound +gratitude; but when I reflect that the acceptance of the office which +their partiality has bestowed imposes the discharge of the most arduous +duties and involves the weightiest obligations, I am conscious that the +position which I have been called to fill, though sufficient to satisfy +the loftiest ambition, is surrounded by fearful responsibilities. +Happily, however, in the performance of my new duties I shall not be +without able cooperation. The legislative and judicial branches of the +Government present prominent examples of distinguished civil attainments +and matured experience, and it shall be my endeavor to call to my +assistance in the Executive Departments individuals whose talents, +integrity, and purity of character will furnish ample guaranties for the +faithful and honorable performance of the trusts to be committed to +their charge. With such aids and an honest purpose to do whatever is +right, I hope to execute diligently, impartially, and for the best +interests of the country the manifold duties devolved upon me. + +In the discharge of these duties my guide will be the Constitution, +which I this day swear to "preserve, protect, and defend." For the +interpretation of that instrument I shall look to the decisions of the +judicial tribunals established by its authority and to the practice of +the Government under the earlier Presidents, who had so large a share in +its formation. To the example of those illustrious patriots I shall +always defer with reverence, and especially to his example who was by so +many titles "the Father of his Country." + +To command the Army and Navy of the United States; with the advice and +consent of the Senate, to make treaties and to appoint ambassadors and +other officers; to give to Congress information of the state of the +Union and recommend such measures as he shall judge to be necessary; and +to take care that the laws shall be faithfully executed--these are the +most important functions intrusted to the President by the Constitution, +and it may be expected that I shall briefly indicate the principles +which will control me in their execution. + +Chosen by the body of the people under the assurance that my +Administration would be devoted to the welfare of the whole country, and +not to the support of any particular section or merely local interest, I +this day renew the declarations I have heretofore made and proclaim my +fixed determination to maintain to the extent of my ability the +Government in its original purity and to adopt as the basis of my public +policy those great republican doctrines which constitute the strength of +our national existence. + +In reference to the Army and Navy, lately employed with so much +distinction on active service, care shall be taken to insure the highest +condition of efficiency, and in furtherance of that object the military +and naval schools, sustained by the liberality of Congress, shall +receive the special attention of the Executive. + +As American freemen we can not but sympathize in all efforts to extend +the blessings of civil and political liberty, but at the same time we +are warned by the admonitions of history and the voice of our own +beloved Washington to abstain from entangling alliances with foreign +nations. In all disputes between conflicting governments it is our +interest not less than our duty to remain strictly neutral, while our +geographical position, the genius of our institutions and our people, +the advancing spirit of civilization, and, above all, the dictates of +religion direct us to the cultivation of peaceful and friendly relations +with all other powers. It is to be hoped that no international question +can now arise which a government confident in its own strength and +resolved to protect its own just rights may not settle by wise +negotiation; and it eminently becomes a government like our own, founded +on the morality and intelligence of its citizens and upheld by their +affections, to exhaust every resort of honorable diplomacy before +appealing to arms. In the conduct of our foreign relations I shall +conform to these views, as I believe them essential to the best +interests and the true honor of the country. + +The appointing power vested in the President imposes delicate and +onerous duties. So far as it is possible to be informed, I shall make +honesty, capacity, and fidelity indispensable prerequisites to the +bestowal of office, and the absence of either of these qualities shall +be deemed sufficient cause for removal. + +It shall be my study to recommend such constitutional measures to +Congress as may be necessary and proper to secure encouragement and +protection to the great interests of agriculture, commerce, and +manufactures, to improve our rivers and harbors, to provide for the +speedy extinguishment of the public debt, to enforce a strict +accountability on the part of all officers of the Government and the +utmost economy in all public expenditures; but it is for the wisdom of +Congress itself, in which all legislative powers are vested by the +Constitution, to regulate these and other matters of domestic policy. I +shall look with confidence to the enlightened patriotism of that body to +adopt such measures of conciliation as may harmonize conflicting +interests and tend to perpetuate that Union which should be the +paramount object of our hopes and affections. In any action calculated +to promote an object so near the heart of everyone who truly loves his +country I will zealously unite with the coordinate branches of the +Government. + +In conclusion I congratulate you, my fellow-citizens, upon the high +state of prosperity to which the goodness of Divine Providence has +conducted our common country. Let us invoke a continuance of the same +protecting care which has led us from small beginnings to the eminence +we this day occupy, and let us seek to deserve that continuance by +prudence and moderation in our councils, by well-directed attempts to +assuage the bitterness which too often marks unavoidable differences of +opinion, by the promulgation and practice of just and liberal +principles, and by an enlarged patriotism, which shall acknowledge no +limits but those of our own widespread Republic. + +MARCH 5, 1849. + + + + + +SPECIAL MESSAGES. + + + +WASHINGTON, _March 13, 1849_. + +_To the Senate of the United States:_ + +I herewith communicate to the Senate, in confidence, a report and +accompanying papers[1a] from the Secretary of State, in answer to its +resolution of the 12th instant. + +[Footnote 1a: Instructions to United States minister at London relative +to further extension of reciprocity and equality in the laws of +navigation, and contemplating the opening of the coasting trade of the +United States to the vessels of other nations.] + +Z. TAYLOR. + + + +WASHINGTON, _March 20, 1849_. + +_To the Senate of the United States:_ + +In answer to the resolution of the Senate of yesterday, passed in +executive session, requesting a communication of certain papers relative +to the amendments made by the Senate to the treaty of Guadalupe Hidalgo, +I transmit a report from the Secretary of State and the documents by +which it was accompanied. It is desirable that the latter should be +returned to the Department of State. + +Z. TAYLOR. + + + +WASHINGTON, _March 22, 1849_. + +_To the Senate of the United States:_ + +In compliance with the request contained in the resolution of the Senate +yesterday, adopted in executive session, calling for certain papers in +relation to the amendments made by the Senate in the treaty of Guadalupe +Hidalgo, I transmit a report from the Secretary of State and the +documents by which it was accompanied. + +Z. TAYLOR. + + + + +PROCLAMATION. + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + + +There is reason to believe that an armed expedition is about to be +fitted out in the United States with an intention to invade the island +of Cuba or some of the Provinces of Mexico. The best information which +the Executive has been able to obtain points to the island of Cuba as +the object of this expedition. It is the duty of this Government to +observe the faith of treaties and to prevent any aggression by our +citizens upon the territories of friendly nations. I have therefore +thought it necessary and proper to issue this my proclamation to warn +all citizens of the United States who shall connect themselves with an +enterprise so grossly in violation of our laws and our treaty +obligations that they will thereby subject themselves to the heavy +penalties denounced against them by our acts of Congress and will +forfeit their claim to the protection of their country. No such persons +must expect the interference of this Government in any form on their +behalf, no matter to what extremities they may be reduced in consequence +of their conduct. An enterprise to invade the territories of a friendly +nation, set on foot and prosecuted within the limits of the United +States, is in the highest degree criminal, as tending to endanger the +peace and compromit the honor of this nation; and therefore I exhort all +good citizens, as they regard our national reputation, as they respect +their own laws and the laws of nations, as they value the blessings of +peace and the welfare of their country, to discountenance and prevent by +all lawful means any such enterprise; and I call upon every officer of +this Government, civil or military, to use all efforts in his power to +arrest for trial and punishment every such offender against the laws +providing for the performance of our sacred obligations to friendly +powers. + +Given under my hand the 11th day of August, A.D. 1849, and the +seventy-fourth of the Independence of the United States. + +Z. TAYLOR. + +By the President: + J.M. CLAYTON, + _Secretary of State_. + + + + + +EXECUTIVE ORDER. + + +GENERAL ORDERS, No. 34. + +WAR DEPARTMENT, + +ADJUTANT-GENERAL'S OFFICE, + +_Washington, June 19, 1849_. + +I. The following orders of the President of the United States and +Secretary of War communicate to the Army the death of the late +ex-President, James K. Polk: + + +WASHINGTON, _June 19, 1849_. + +The President with deep regret announces to the American people the +death of James K. Polk, late President of the United States, which +occurred at Nashville on the 15th instant. + +A nation is suddenly called upon to mourn the loss of one the +recollection of whose long services in its councils will be forever +preserved on the tablets of history. + +As a mark of respect to the memory of a citizen who has been +distinguished by the highest honors which his country could bestow, it +is ordered that the Executive Mansion and the several Departments at +Washington be immediately placed in mourning and all business be +suspended during to-morrow. + +It is further ordered that the War and Navy Departments cause suitable +military and naval honors to be paid on this occasion to the memory of +the illustrious dead. + +Z. TAYLOR. + + + +WAR DEPARTMENT, _June 19, 1849_. + +The President of the United States with deep regret announces to the +Army the death of James K. Polk, our distinguished and honored +fellow-citizen. + +He died at Nashville the 15th instant, having but recently left the +theater of his high public duties at this capital and retired to his +home amid the congratulations of his fellow-citizens. He died in the +prime of life, after having received and enjoyed the highest honors of +the Republic. + +His Administration was eventful. No branch of the Government will be +more intimately associated with it in history than the Army and its +glorious achievements. Accordingly, the President orders that +appropriate military honors shall be paid to his memory by the Army of +the United States. + +The Adjutant-General will give the necessary instructions for carrying +into effect the foregoing orders. + +G.W. CRAWFORD, + +_Secretary of War_. + + +II. On the day succeeding the arrival of this general order at each +military post the troops will be paraded at 10 o'clock a.m. and the +order read to them, after which all labors for the day will cease. + +The national flag will be displayed at half-staff. + +At dawn of day thirteen guns will be fired, and afterwards at intervals +of thirty minutes between the rising and setting sun a single gun, and +at the close of the day a national salute of thirty guns. + +The officers of the Army will wear crape on the left arm and on their +swords and the colors of the several regiments will be put in mourning +for the period of six months. + +By order: + +R. JONES, + +_Adjutant-General_. + + + + +FIRST ANNUAL MESSAGE. + + +WASHINGTON, _December 4, 1849_. + +_Fellow-Citizens of the Senate and House of Representatives:_ + +Sixty years have elapsed since the establishment of this Government, and +the Congress of the United States again assembles to legislate for an +empire of freemen. The predictions of evil prophets, who formerly +pretended to foretell the downfall of our institutions, are now +remembered only to be derided, and the United States of America at this +moment present to the world the most stable and permanent Government on +earth. + +Such is the result of the labors of those who have gone before us. Upon +Congress will eminently depend the future maintenance of our system of +free government and the transmission of it unimpaired to posterity. + +We are at peace with all the other nations of the world, and seek to +maintain our cherished relations of amity with them. During the past +year we have been blessed by a kind Providence with an abundance of the +fruits of the earth, and although the destroying angel for a time +visited extensive portions of our territory with the ravages of a +dreadful pestilence, yet the Almighty has at length deigned to stay his +hand and to restore the inestimable blessing of general health to a +people who have acknowledged His power, deprecated His wrath, and +implored His merciful protection. + +While enjoying the benefits of amicable intercourse with foreign +nations, we have not been insensible to the distractions and wars which +have prevailed in other quarters of the world. It is a proper theme of +thanksgiving to Him who rules the destinies of nations that we have been +able to maintain amidst all these contests an independent and neutral +position toward all belligerent powers. + +Our relations with Great Britain are of the most friendly character. In +consequence of the recent alteration of the British navigation acts, +British vessels, from British and other foreign ports, will under our +existing laws, after the 1st day of January next, be admitted to entry +in our ports with cargoes of the growth, manufacture, or production of +any part of the world on the same terms as to duties, imposts, and +charges as vessels of the United States with their cargoes, and our +vessels will be admitted to the same advantages in British ports, +entering therein on the same terms as British vessels. Should no order +in council disturb this legislative arrangement, the late act of the +British Parliament, by which Great Britain is brought within the terms +proposed by the act of Congress of the 1st of March, 1817, it is hoped +will be productive of benefit to both countries. + +A slight interruption of diplomatic intercourse which occurred between +this Government and France, I am happy to say, has been terminated, and +our minister there has been received. It is therefore unnecessary to +refer now to the circumstances which led to that interruption. I need +not express to you the sincere satisfaction with which we shall welcome +the arrival of another envoy extraordinary and minister plenipotentiary +from a sister Republic to which we have so long been, and still remain, +bound by the strongest ties of amity. + +Shortly after I had entered upon the discharge of the Executive duties I +was apprised that a war steamer belonging to the German Empire was being +fitted out in the harbor of New York with the aid of some of our naval +officers, rendered under the permission of the late Secretary of the +Navy. This permission was granted during an armistice between that +Empire and the Kingdom of Denmark, which had been engaged in the +Schleswig-Holstein war. Apprehensive that this act of intervention on +our part might be viewed as a violation of our neutral obligations +incurred by the treaty with Denmark and of the provisions of the act of +Congress of the 20th of April, 1818, I directed that no further aid +should be rendered by any agent or officer of the Navy; and I instructed +the Secretary of State to apprise the minister of the German Empire +accredited to this Government of my determination to execute the law of +the United States and to maintain the faith of treaties with all +nations. The correspondence which ensued between the Department of State +and the minister of the German Empire is herewith laid before you. The +execution of the law and the observance of the treaty were deemed by me +to be due to the honor of the country, as well as to the sacred +obligations of the Constitution. I shall not fail to pursue the same +course should a similar case arise with any other nation. Having avowed +the opinion on taking the oath of office that in disputes between +conflicting foreign governments it is our interest not less than our +duty to remain strictly neutral, I shall not abandon it. You will +perceive from the correspondence submitted to you in connection with +this subject that the course adopted in this case has been properly +regarded by the belligerent powers interested in the matter. + +Although a minister of the United States to the German Empire was +appointed by my predecessor in August, 1848, and has for a long time +been in attendance at Frankfort-on-the-Main, and although a minister +appointed to represent that Empire was received and accredited here, yet +no such government as that of the German Empire has been definitively +constituted. Mr. Donelson, our representative at Frankfort, remained +there several months in the expectation that a union of the German +States under one constitution or form of government might at length be +organized. It is believed by those well acquainted with the existing +relations between Prussia and the States of Germany that no such union +can be permanently established without her cooperation. In the event of +the formation of such a union and the organization of a central power in +Germany of which she should form a part, it would become necessary to +withdraw our minister at Berlin; but while Prussia exists as an +independent kingdom and diplomatic relations are maintained with her +there can be no necessity for the continuance of the mission to +Frankfort. I have therefore recalled Mr. Donelson and directed the +archives of the legation at Frankfort to be transferred to the American +legation at Berlin. + +Having been apprised that a considerable number of adventurers were +engaged in fitting out a military expedition within the United States +against a foreign country, and believing from the best information I +could obtain that it was destined to invade the island of Cuba, I deemed +it due to the friendly relations existing between the United States and +Spain, to the treaty between the two nations, to the laws of the United +States, and, above all, to the American honor to exert the lawful +authority of this Government in suppressing the expedition and +preventing the invasion. To this end I issued a proclamation enjoining +it upon the officers of the United States, civil and military, to use +all lawful means within their power. A copy of that proclamation is +herewith submitted. The expedition has been suppressed. So long as the +act of Congress of the 20th of April, 1818, which owes its existence to +the law of nations and to the policy of Washington himself, shall remain +on our statute books, I hold it to be the duty of the Executive +faithfully to obey its injunctions. + +While this expedition was in progress I was informed that a foreigner +who claimed our protection had been clandestinely and, as was supposed, +forcibly carried off in a vessel from New Orleans to the island of Cuba. +I immediately caused such steps to be taken as I thought necessary, in +case the information I had received should prove correct, to vindicate +the honor of the country and the right of every person seeking an asylum +on our soil to the protection of our laws. The person alleged to have +been abducted was promptly restored, and the circumstances of the case +are now about to undergo investigation before a judicial tribunal. I +would respectfully suggest that although the crime charged to have been +committed in this case is held odious, as being in conflict with our +opinions on the subject of national sovereignty and personal freedom, +there is no prohibition of it or punishment for it provided in any act +of Congress. The expediency of supplying this defect in our criminal +code is therefore recommended to your consideration. + +I have scrupulously avoided any interference in the wars and contentions +which have recently distracted Europe. During the late conflict between +Austria and Hungary there seemed to be a prospect that the latter might +become an independent nation. However faint that prospect at the time +appeared, I thought it my duty, in accordance with the general sentiment +of the American people, who deeply sympathized with the Magyar patriots, +to stand prepared, upon the contingency of the establishment by her of a +permanent government, to be the first to welcome independent Hungary +into the family of nations. For this purpose I invested an agent then in +Europe with power to declare our willingness promptly to recognize her +independence in the event of her ability to sustain it. The powerful +intervention of Russia in the contest extinguished the hopes of the +struggling Magyars. The United States did not at any time interfere in +the contest, but the feelings of the nation were strongly enlisted in +the cause, and by the sufferings of a brave people, who had made a +gallant, though unsuccessful, effort to be free. + +Our claims upon Portugal have been during the past year prosecuted with +renewed vigor, and it has been my object to employ every effort of +honorable diplomacy to procure their adjustment. Our late charge +d'affaires at Lisbon, the Hon. George W. Hopkins, made able and +energetic, but unsuccessful, efforts to settle these unpleasant matters +of controversy and to obtain indemnity for the wrongs which were the +subjects of complaint. Our present charge d'affaires at that Court will +also bring to the prosecution of these claims ability and zeal. The +revolutionary and distracted condition of Portugal in past times has +been represented as one of the leading causes of her delay in +indemnifying our suffering citizens. + +But I must now say it is matter of profound regret that these claims +have not yet been settled. The omission of Portugal to do justice to the +American claimants has now assumed a character so grave and serious that +I shall shortly make it the subject of a special message to Congress, +with a view to such ultimate action as its wisdom and patriotism may +suggest. + +With Russia, Austria, Prussia, Sweden, Denmark, Belgium, the +Netherlands, and the Italian States we still maintain our accustomed +amicable relations. + +During the recent revolutions in the Papal States our charge d'affaires +at Rome has been unable to present his letter of credence, which, +indeed, he was directed by my predecessor to withhold until he should +receive further orders. Such was the unsettled condition of things in +those States that it was not deemed expedient to give him any +instructions on the subject of presenting his credential letter +different from those with which he had been furnished by the late +Administration until the 25th of June last, when, in consequence of the +want of accurate information of the exact state of things at that +distance from us, he was instructed to exercise his own discretion in +presenting himself to the then existing Government if in his judgment +sufficiently stable, or, if not, to await further events. Since that +period Rome has undergone another revolution, and he abides the +establishment of a government sufficiently permanent to justify him in +opening diplomatic intercourse with it. + +With the Republic of Mexico it is our true policy to cultivate the most +friendly relations. Since the ratification of the treaty of Guadalupe +Hidalgo nothing has occurred of a serious character to disturb them. A +faithful observance of the treaty and a sincere respect for her rights +can not fail to secure the lasting confidence and friendship of that +Republic. The message of my predecessor to the House of Representatives +of the 8th of February last, communicating, in compliance with a +resolution of that body, a copy of a paper called a protocol, signed at +Queretaro on the 30th of May, 1848, by the commissioners of the United +States and the minister of foreign affairs of the Mexican Government, +having been a subject of correspondence between the Department of State +and the envoy extraordinary and minister plenipotentiary of that +Republic accredited to this Government, a transcript of that +correspondence is herewith submitted. + +The commissioner on the part of the United States for marking the +boundary between the two Republics, though delayed in reaching San Diego +by unforeseen obstacles, arrived at that place within a short period +after the time required by the treaty, and was there joined by the +commissioner on the part of Mexico. They entered upon their duties, and +at the date of the latest intelligence from that quarter some progress +had been made in the survey. The expenses incident to the organization +of the commission and to its conveyance to the point where its +operations were to begin have so much reduced the fund appropriated by +Congress that a further sum, to cover the charges which must be incurred +during the present fiscal year, will be necessary. The great length of +frontier along which the boundary extends, the nature of the adjacent +territory, and the difficulty of obtaining supplies except at or near +the extremes of the line render it also indispensable that a liberal +provision should be made to meet the necessary charges during the fiscal +year ending on the 30th of June, 1851. I accordingly recommend this +subject to your attention. + +In the adjustment of the claims of American citizens on Mexico, provided +for by the late treaty, the employment of counsel on the part of the +Government may become important for the purpose of assisting the +commissioners in protecting the interests of the United States. I +recommend this subject to the early and favorable consideration of +Congress. + +Complaints have been made in regard to the inefficiency of the means +provided by the Government of New Granada for transporting the United +States mail across the Isthmus of Panama, pursuant to our postal +convention with that Republic of the 6th of March, 1844. Our charge +d'affaires at Bogota has been directed to make such representations to +the Government of New Granada as will, it is hoped, lead to a prompt +removal of this cause of complaint. + +The sanguinary civil war with which the Republic of Venezuela has for +some time past been ravaged has been brought to a close. In its progress +the rights of some of our citizens resident or trading there have been +violated. The restoration of order will afford the Venezuelan Government +an opportunity to examine and redress these grievances and others of +longer standing which our representatives at Caracas have hitherto +ineffectually urged upon the attention of that Government. + +The extension of the coast of the United States on the Pacific and the +unexampled rapidity with which the inhabitants of California especially +are increasing in numbers have imparted new consequence to our relations +with the other countries whose territories border upon that ocean. It is +probable that the intercourse between those countries and our +possessions in that quarter, particularly with the Republic of Chili, +will become extensive and mutually advantageous in proportion as +California and Oregon shall increase in population and wealth. It is +desirable, therefore, that this Government should do everything in its +power to foster and strengthen its relations with those States, and that +the spirit of amity between us should be mutual and cordial. + +I recommend the observance of the same course toward all other American +States. The United States stand as the great American power, to which, +as their natural ally and friend, they will always be disposed first to +look for mediation and assistance in the event of any collision between +them and any European nation. As such we may often kindly mediate in +their behalf without entangling ourselves in foreign wars or unnecessary +controversies. Whenever the faith of our treaties with any of them shall +require our interference, we must necessarily interpose. + +A convention has been negotiated with Brazil providing for the +satisfaction of American claims on that Government, and it will be +submitted to the Senate. Since the last session of Congress we have +received an envoy extraordinary and minister plenipotentiary from that +Empire, and our relations with it are founded upon the most amicable +understanding. + +Your attention is earnestly invited to an amendment of our existing laws +relating to the African slave trade with a view to the effectual +suppression of that barbarous traffic. It is not to be denied that this +trade is still in part carried on by means of vessels built in the +United States and owned or navigated by some of our citizens. The +correspondence between the Department of State and the minister and +consul of the United States at Rio de Janeiro, which has from time to +time been laid before Congress, represents that it is a customary device +to evade the penalties of our laws by means of sea letters. Vessels sold +in Brazil, when provided with such papers by the consul, instead of +returning to the United States for a new register proceed at once to the +coast of Africa for the purpose of obtaining cargoes of slaves. Much +additional information of the same character has recently been +transmitted to the Department of State. It has not been considered the +policy of our laws to subject an American citizen who in a foreign +country purchases a vessel built in the United States to the +inconvenience of sending her home for a new register before permitting +her to proceed on a voyage. Any alteration of the laws which might have +a tendency to impede the free transfer of property in vessels between +our citizens, or the free navigation of those vessels between different +parts of the world when employed in lawful commerce, should be well and +cautiously considered; but I trust that your wisdom will devise a method +by which our general policy in this respect may be preserved, and at the +same time the abuse of our flag by means of sea letters, in the manner +indicated, may be prevented. + +Having ascertained that there is no prospect of the reunion of the five +States of Central America which formerly composed the Republic of that +name, we have separately negotiated with some of them treaties of amity +and commerce, which will be laid before the Senate. + +A contract having been concluded with the State of Nicaragua by a +company composed of American citizens for the purpose of constructing a +ship canal through the territory of that State to connect the Atlantic +and Pacific oceans, I have directed the negotiation of a treaty with +Nicaragua pledging both Governments to protect those who shall engage +in and perfect the work. All other nations are invited by the State of +Nicaragua to enter into the same treaty stipulations with her; and the +benefit to be derived by each from such an arrangement will be the +protection of this great interoceanic communication against any power +which might seek to obstruct it or to monopolize its advantages. All +States entering into such a treaty will enjoy the right of passage +through the canal on payment of the same tolls. The work, if constructed +under these guaranties, will become a bond of peace instead of a subject +of contention and strife between the nations of the earth. Should the +great maritime States of Europe consent to this arrangement (and we have +no reason to suppose that a proposition so fair and honorable will be +opposed by any), the energies of their people and ours will cooperate in +promoting the success of the enterprise. I do not recommend any +appropriation from the National Treasury for this purpose, nor do I +believe that such an appropriation is necessary. Private enterprise, if +properly protected, will complete the work should it prove to be +feasible. The parties who have procured the charter from Nicaragua for +its construction desire no assistance from this Government beyond its +protection; and they profess that, having examined the proposed line of +communication, they will be ready to commence the undertaking whenever +that protection shall be extended to them. Should there appear to be +reason, on examining the whole evidence, to entertain a serious doubt of +the practicability of constructing such a canal, that doubt could be +speedily solved by an actual exploration of the route. + +Should such a work be constructed under the common protection of all +nations, for equal benefits to all, it would be neither just nor +expedient that any great maritime state should command the +communication. The territory through which the canal may be opened ought +to be freed from the claims of any foreign power. No such power should +occupy a position that would enable it hereafter to exercise so +controlling an influence over the commerce of the world or to obstruct a +highway which ought to be dedicated to the common uses of mankind. + +The routes across the Isthmus at Tehuantepec and Panama are also worthy +of our serious consideration. They did not fail to engage the attention +of my predecessor. The negotiator of the treaty of Guadalupe Hidalgo was +instructed to offer a very large sum of money for the right of transit +across the Isthmus of Tehuantepec. The Mexican Government did not accede +to the proposition for the purchase of the right of way, probably +because it had already contracted with private individuals for the +construction of a passage from the Guasacualco River to Tehuantepec. I +shall not renew any proposition to purchase for money a right which +ought to be equally secured to all nations on payment of a reasonable +toll to the owners of the improvement, who would doubtless be well +contented with that compensation and the guaranties of the maritime +states of the world in separate treaties negotiated with Mexico, binding +her and them to protect those who should construct the work. Such +guaranties would do more to secure the completion of the communication +through the territory of Mexico than any other reasonable consideration +that could be offered; and as Mexico herself would be the greatest +gainer by the opening of this communication between the Gulf and the +Pacific Ocean, it is presumed that she would not hesitate to yield her +aid in the manner proposed to accomplish an improvement so important to +her own best interests. + +We have reason to hope that the proposed railroad across the Isthmus at +Panama will be successfully constructed under the protection of the late +treaty with New Granada, ratified and exchanged by my predecessor on the +10th day of June, 1848, which guarantees the perfect neutrality of the +Isthmus and the rights of sovereignty and property of New Granada over +that territory, "with a view that the free transit from ocean to ocean +may not be interrupted or embarrassed" during the existence of the +treaty. It is our policy to encourage every practicable route across the +isthmus which connects North and South America, either by railroad or +canal, which the energy and enterprise of our citizens may induce them +to complete, and I consider it obligatory upon me to adopt that policy, +especially in consequence of the absolute necessity of facilitating +intercourse with our possessions on the Pacific. + +The position of the Sandwich Islands with reference to the territory of +the United States on the Pacific, the success of our persevering and +benevolent citizens who have repaired to that remote quarter in +Christianizing the natives and inducing them to adopt a system of +government and laws suited to their capacity and wants, and the use made +by our numerous whale ships of the harbors of the islands as places of +resort for obtaining refreshments and repairs all combine to render +their destiny peculiarly interesting to us. It is our duty to encourage +the authorities of those islands in their efforts to improve and elevate +the moral and political condition of the inhabitants, and we should make +reasonable allowances for the difficulties inseparable from this task. +We desire that the islands may maintain their independence and that +other nations should concur with us in this sentiment. We could in no +event be indifferent to their passing under the dominion of any other +power. The principal commercial states have in this a common interest, +and it is to be hoped that no one of them will attempt to interpose +obstacles to the entire independence of the islands. + +The receipts into the Treasury for the fiscal year ending on the 30th of +June last were, in cash, $48,830,097.50, and in Treasury notes funded +$10,833,000, making an aggregate of $59,663,097.50; and the expenditures +for the same time were, in cash, $46,798,667.82, and in Treasury notes +funded $10,833,000, making an aggregate of $57,631,667.82. + +The accounts and estimates which will be submitted to Congress in the +report of the Secretary of the Treasury show that there will probably +be a deficit occasioned by the expenses of the Mexican War and treaty on +the 1st day of July next of $5,828,121.66, and on the 1st day of July, +1851, of $10,547,092.73, making in the whole a probable deficit to be +provided for of $16,375,214.39. The extraordinary expenses of the war +with Mexico and the purchase of California and New Mexico exceed in +amount this deficit, together with the loans heretofore made for those +objects. I therefore recommend that authority be given to borrow +whatever sum may be necessary to cover that deficit. I recommend the +observance of strict economy in the appropriation and expenditure of +public money. + +I recommend a revision of the existing tariff and its adjustment on a +basis which may augment the revenue. I do not doubt the right or duty of +Congress to encourage domestic industry, which is the great source of +national as well as individual wealth and prosperity. I look to the +wisdom and patriotism of Congress for the adoption of a system which may +place home labor at last on a sure and permanent footing and by due +encouragement of manufactures give a new and increased stimulus to +agriculture and promote the development of our vast resources and the +extension of our commerce. Believing that to the attainment of these +ends, as well as the necessary augmentation of the revenue and the +prevention of frauds, a system of specific duties is best adapted, I +strongly recommend to Congress the adoption of that system, fixing the +duties at rates high enough to afford substantial and sufficient +encouragement to our own industry and at the same time so adjusted as to +insure stability. + +The question of the continuance of the subtreasury system is +respectfully submitted to the wisdom of Congress. If continued, +important modifications of it appear to be indispensable. + +For further details and views on the above and other matters connected +with commerce, the finances, and revenue I refer to the report of the +Secretary of the Treasury. + +No direct aid has been given by the General Government to the +improvement of agriculture except by the expenditure of small sums for +the collection and publication of agricultural statistics and for some +chemical analyses, which have been thus far paid for out of the patent +fund. This aid is, in my opinion, wholly inadequate. To give to this +leading branch of American industry the encouragement which it merits, I +respectfully recommend the establishment of an agricultural bureau, to +be connected with the Department of the Interior. To elevate the social +condition of the agriculturist, to increase his prosperity, and to +extend his means of usefulness to his country, by multiplying his +sources of information, should be the study of every statesman and a +primary object with every legislator. + +No civil government having been provided by Congress for California, the +people of that Territory, impelled by the necessities of their political +condition, recently met in convention for the purpose of forming a +constitution and State government, which the latest advices give me +reason to suppose has been accomplished; and it is believed they will +shortly apply for the admission of California into the Union as a +sovereign State. Should such be the case, and should their constitution +be conformable to the requisitions of the Constitution of the United +States, I recommend their application to the favorable consideration of +Congress. + +The people of New Mexico will also, it is believed, at no very distant +period present themselves for admission into the Union. Preparatory to +the admission of California and New Mexico the people of each will have +instituted for themselves a republican form of government, "laying its +foundation in such principles and organizing its powers in such form as +to them shall seem most likely to effect their safety and happiness." By +awaiting their action all causes of uneasiness may be avoided and +confidence and kind feeling preserved. With a view of maintaining the +harmony and tranquillity so dear to all, we should abstain from the +introduction of those exciting topics of a sectional character which +have hitherto produced painful apprehensions in the public mind; and I +repeat the solemn warning of the first and most illustrious of my +predecessors against furnishing "any ground for characterizing parties +by geographical discriminations." + +A collector has been appointed at San Francisco under the act of +Congress extending the revenue laws over California, and measures have +been taken to organize the custom-houses at that and the other ports +mentioned in that act at the earliest period practicable. The collector +proceeded overland, and advices have not yet been received of his +arrival at San Francisco. Meanwhile, it is understood that the customs +have continued to be collected there by officers acting under the +military authority, as they were during the Administration of my +predecessor. It will, I think, be expedient to confirm the collections +thus made, and direct the avails (after such allowances as Congress may +think fit to authorize) to be expended within the Territory or to be +paid into the Treasury for the purpose of meeting appropriations for the +improvement of its rivers and harbors. + +A party engaged on the coast survey was dispatched to Oregon in January +last. According to the latest advices, they had not left California; and +directions have been given to them, as soon as they shall have fixed on +the sites of the two light-houses and the buoys authorized to be +constructed and placed in Oregon, to proceed without delay to make +reconnoissances of the most important points on the coast of California, +and especially to examine and determine on sites for light-houses on +that coast, the speedy erection of which is urgently demanded by our +rapidly increasing commerce. + +I have transferred the Indian agencies from upper Missouri and Council +Bluffs to Santa Fe and Salt Lake, and have caused to be appointed +sub-agents in the valleys of the Gila, the Sacramento, and the San +Joaquin rivers. Still further legal provisions will be necessary for the +effective and successful extension of our system of Indian intercourse +over the new territories. + +I recommend the establishment of a branch mint in California, as it +will, in my opinion, afford important facilities to those engaged in +mining, as well as to the Government in the disposition of the mineral +lands. + +I also recommend that commissions be organized by Congress to examine +and decide upon the validity of the present subsisting land titles in +California and New Mexico, and that provision be made for the +establishment of offices of surveyor-general in New Mexico, California, +and Oregon and for the surveying and bringing into market the public +lands in those Territories. Those lands, remote in position and +difficult of access, ought to be disposed of on terms liberal to all, +but especially favorable to the early emigrants. + +In order that the situation and character of the principal mineral +deposits in California may be ascertained, I recommend that a geological +and mineralogical exploration be connected with the linear surveys, and +that the mineral lands be divided into small lots suitable for mining +and be disposed of by sale or lease, so as to give our citizens an +opportunity of procuring a permanent right of property in the soil. This +would seem to be as important to the success of mining as of +agricultural pursuits. + +The great mineral wealth of California and the advantages which its +ports and harbors and those of Oregon afford to commerce, especially +with the islands of the Pacific and Indian oceans and the populous +regions of eastern Asia, make it certain that there will arise in a few +years large and prosperous communities on our western coast. It +therefore becomes important that a line of communication, the best and +most expeditious which the nature of the country will admit, should be +opened within the territory of the United States from the navigable +waters of the Atlantic or the Gulf of Mexico to the Pacific. Opinion, as +elicited and expressed by two large and respectable conventions lately +assembled at St. Louis and Memphis, points to a railroad as that which, +if practicable, will best meet the wishes and wants of the country. But +while this, if in successful operation, would be a work of great +national importance and of a value to the country which it would be +difficult to estimate, it ought also to be regarded as an undertaking of +vast magnitude and expense, and one which must, if it be indeed +practicable, encounter many difficulties in its construction and use. +Therefore, to avoid failure and disappointment; to enable Congress to +judge whether in the condition of the country through which it must pass +the work be feasible, and, if it be found so, whether it should be +undertaken as a national improvement or left to individual enterprise, +and in the latter alternative what aid, if any, ought to be extended to +it by the Government, I recommend as a preliminary measure a careful +reconnoissance of the several proposed routes by a scientific corps and +a report as to the practicability of making such a road, with an +estimate of the cost of its construction and support. + +For further views on these and other matters connected with the duties +of the home department I refer you to the report of the Secretary of the +Interior. + +I recommend early appropriations for continuing the river and harbor +improvements which have been already begun, and also for the +construction of those for which estimates have been made, as well as for +examinations and estimates preparatory to the commencement of such +others as the wants of the country, and especially the advance of our +population over new districts and the extension of commerce, may render +necessary. An estimate of the amount which can be advantageously +expended within the next fiscal year under the direction of the Bureau +of Topographical Engineers accompanies the report of the Secretary of +War, to which I respectfully invite the attention of Congress. + +The cession of territory made by the late treaty with Mexico has greatly +extended our exposed frontier and rendered its defense more difficult. +That treaty has also brought us under obligations to Mexico, to comply +with which a military force is requisite. But our military establishment +is not materially changed as to its efficiency from the condition in +which it stood before the commencement of the Mexican War. Some addition +to it will therefore be necessary, and I recommend to the favorable +consideration of Congress an increase of the several corps of the Army +at our distant Western posts, as proposed in the accompanying report of +the Secretary of War. + +Great embarrassment has resulted from the effect upon rank in the Army +heretofore given to brevet and staff commissions. The views of the +Secretary of War on this subject are deemed important, and if carried +into effect will, it is believed, promote the harmony of the service. +The plan proposed for retiring disabled officers and providing an asylum +for such of the rank and file as from age, wounds, and other infirmities +occasioned by service have become unfit to perform their respective +duties is recommended as a means of increasing the efficiency of the +Army and as an act of justice due from a grateful country to the +faithful soldier. + +The accompanying report of the Secretary of the Navy presents a full and +satisfactory account of the condition and operations of the naval +service during the past year. Our citizens engaged in the legitimate +pursuits of commerce have enjoyed its benefits. Wherever our national +vessels have gone they have been received with respect, our officers +have been treated with kindness and courtesy, and they have on all +occasions pursued a course of strict neutrality, in accordance with the +policy of our Government. + +The naval force at present in commission is as large as is admissible +with the number of men authorized by Congress to be employed. + +I invite your attention to the recommendation of the Secretary of the +Navy on the subject of a reorganization of the Navy in its various +grades of officers, and the establishing of a retired list for such of +the officers as are disqualified for active and effective service. +Should Congress adopt some such measure as is recommended, it will +greatly increase the efficiency of the Navy and reduce its expenditures. + +I also ask your attention to the views expressed by him in reference to +the employment of war steamers and in regard to the contracts for the +transportation of the United States mails and the operation of the +system upon the prosperity of the Navy. + +By an act of Congress passed August 14, 1848, provision was made for +extending post-office and mail accommodations to California and Oregon. +Exertions have been made to execute that law, but the limited provisions +of the act, the inadequacy of the means it authorizes, the ill +adaptation of our post-office laws to the situation of that country, and +the measure of compensation for services allowed by those laws, compared +with the prices of labor and rents in California, render those exertions +in a great degree ineffectual. More particular and efficient provision +by law is required on this subject. + +The act of 1845 reducing postage has now, by its operation during four +years, produced results fully showing that the income from such reduced +postage is sufficient to sustain the whole expense of the service of the +Post-Office Department, not including the cost of transportation in mail +steamers on the lines from New York to Chagres and from Panama to +Astoria, which have not been considered by Congress as properly +belonging to the mail service. + +It is submitted to the wisdom of Congress whether a further reduction of +postage should not now be made, more particularly on the letter +correspondence. This should be relieved from the unjust burden of +transporting and delivering the franked matter of Congress, for which +public service provision should be made from the Treasury. I confidently +believe that a change may safely be made reducing all single-letter +postage to the uniform rate of 5 cents, regardless of distance, without +thereby imposing any greater tax on the Treasury than would constitute a +very moderate compensation for this public service; and I therefore +respectfully recommend such a reduction. Should Congress prefer to +abolish the franking privilege entirely, it seems probable that no +demand on the Treasury would result from the proposed reduction of +postage. Whether any further diminution should now be made, or the +result of the reduction to 5 cents, which I have recommended, should be +first tested, is submitted to your decision. + +Since the commencement of the last session of Congress a postal treaty +with Great Britain has been received and ratified, and such relations +have been formed by the post-office departments of the two countries in +pursuance of that treaty as to carry its provisions into full operation. +The attempt to extend this same arrangement through England to France +has not been equally successful, but the purpose has not been abandoned. + +For a particular statement of the condition of the Post-Office +Department and other matters connected with that branch of the public +service I refer you to the report of the Postmaster-General. + +By the act of the 3d of March, 1849, a board was constituted to make +arrangements for taking the Seventh Census, composed of the Secretary +of State, the Attorney-General, and the Postmaster-General; and it was +made the duty of this board "to prepare and cause to be printed such +forms and schedules as might be necessary for the full enumeration of +the inhabitants of the United States, and also proper forms and +schedules for collecting in statistical tables, under proper heads, such +information as to mines, agriculture, commerce, manufactures, education, +and other topics as would exhibit a full view of the pursuits, industry, +education, and resources of the country." The duties enjoined upon the +census board thus established having been performed, it now rests with +Congress to enact a law for carrying into effect the provision of the +Constitution which requires an actual enumeration of the people of the +United States within the ensuing year. + +Among the duties assigned by the Constitution to the General Government +is one of local and limited application, but not on that account the +less obligatory. I allude to the trust committed to Congress as the +exclusive legislator and sole guardian of the interests of the District +of Columbia. I beg to commend these interests to your kind attention. As +the national metropolis the city of Washington must be an object of +general interest; and founded, as it was, under the auspices of him +whose immortal name it bears, its claims to the fostering care of +Congress present themselves with additional strength. Whatever can +contribute to its prosperity must enlist the feelings of its +constitutional guardians and command their favorable consideration. + +Our Government is one of limited powers, and its successful +administration eminently depends on the confinement of each of its +coordinate branches within its own appropriate sphere. The first section +of the Constitution ordains that-- + + All legislative powers herein granted shall be vested in a Congress +of the United States, which shall consist of a Senate and House of +Representatives. + +The Executive has authority to recommend (not to dictate) measures to +Congress. Having performed that duty, the executive department of the +Government can not rightfully control the decision of Congress on any +subject of legislation until that decision shall have been officially +submitted to the President for approval. The check provided by the +Constitution in the clause conferring the qualified veto will never be +exercised by me except in the cases contemplated by the fathers of the +Republic. I view it as an extreme measure, to be resorted to only in +extraordinary cases, as where it may become necessary to defend the +executive against the encroachments of the legislative power or to +prevent hasty and inconsiderate or unconstitutional legislation. By +cautiously confining this remedy within the sphere prescribed to it in +the cotemporaneous expositions of the framers of the Constitution, the +will of the people, legitimately expressed on all subjects of +legislation through their constitutional organs, the Senators and +Representatives of the United States, will have its full effect. As +indispensable to the preservation of our system of self-government, the +independence of the representatives of the States and the people is +guaranteed by the Constitution, and they owe no responsibility to any +human power but their constituents. By holding the representative +responsible only to the people, and exempting him from all other +influences, we elevate the character of the constituent and quicken his +sense of responsibility to his country. It is under these circumstances +only that the elector can feel that in the choice of the lawmaker he is +himself truly a component part of the sovereign power of the nation. +With equal care we should study to defend the rights of the executive +and judicial departments. Our Government can only be preserved in its +purity by the suppression and entire elimination of every claim or +tendency of one coordinate branch to encroachment upon another. With the +strict observance of this rule and the other injunctions of the +Constitution, with a sedulous inculcation of that respect and love for +the Union of the States which our fathers cherished and enjoined upon +their children, and with the aid of that overruling Providence which has +so long and so kindly guarded our liberties and institutions, we may +reasonably expect to transmit them, with their innumerable blessings, to +the remotest posterity. + +But attachment to the Union of the States should be habitually fostered +in every American heart. For more than half a century, during which +kingdoms and empires have fallen, this Union has stood unshaken. The +patriots who formed it have long since descended to the grave; yet still +it remains, the proudest monument to their memory and the object of +affection and admiration with everyone worthy to bear the American name. +In my judgment its dissolution would be the greatest of calamities, and +to avert that should be the study of every American. Upon its +preservation must depend our own happiness and that of countless +generations to come. Whatever dangers may threaten it, I shall stand by +it and maintain it in its integrity to the full extent of the +obligations imposed and the powers conferred upon me by the +Constitution. + +Z. TAYLOR. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 17, 1849_. + +_To the Senate of the United States:_ + +I transmit to the Senate, for its consideration with a view to +ratification, a convention between the United States and His Majesty the +Emperor of Brazil, signed at Rio de Janeiro on the 27th of January last, +providing for the adjustment of claims of citizens of the United States +on the Brazilian Government. A copy of a dispatch from Mr. Tod, the +United States minister at Rio de Janeiro, relative to the convention is +also herewith communicated. As it is understood that the Emperor's +ratification is ready to be exchanged for that of the United States, and +as the period limited for the exchange will expire on the 27th of next +month, it is desirable that the decision of the Senate in regard to the +instrument should be known as soon as may be convenient. + +Z. TAYLOR. + + + +WASHINGTON, _December 21, 1849_. + +_To the Senate of the United States:_ + +I transmit to the Senate, for its consideration with a view to +ratification, a treaty between the United States and His Majesty the +King of the Hawaiian Islands, yesterday concluded and signed in this +city on the part of the respective Governments by the Secretary of State +of the United States and by James Jackson Jarves, His Hawaiian Majesty's +special commissioner. + +Z. TAYLOR. + + + +WASHINGTON, _December 27, 1849_. + +_To the Senate and House of Representatives:_ + +In consequence of the unexpected delay in proceeding to business, I deem +it necessary to invite the immediate attention of Congress to so much of +the report of the Secretary of the Treasury as relates to the +appropriations required for the expenses of collecting the revenue for +the second half of the current fiscal year. + +Z. TAYLOR. + + + +WASHINGTON, _January 4, 1850_. + +_To the Senate and House of Representatives of the United States:_ + +I herewith submit to you copies of a correspondence with the lady of Sir +John Franklin, relative to the well-known expedition under his command +to the arctic regions for the discovery of a northwest passage. On the +receipt of her first letter imploring the aid of the American Government +in a search for the missing ships engaged in an enterprise which +interested all civilized nations, I anxiously sought the means of +affording that assistance, but was prevented from accomplishing the +object I had in view in consequence of the want of vessels suitable to +encounter the perils of a proper exploration, the lateness of the +season, and the want of an appropriation by Congress to enable me to +furnish and equip an efficient squadron for that object. All that I +could do in compliance with a request which I was deeply anxious to +gratify was to cause the advertisements of reward promulged by the +British Government and the best information I could obtain as to the +means of finding the vessels under the command of Sir John Franklin to +be widely circulated among our whalers and seafaring men whose spirit +of enterprise might lead them to the inhospitable regions where that +heroic officer and his brave followers, who periled their lives in the +cause of science and for the benefit of the world, were supposed to be +imprisoned among the icebergs or wrecked upon a desert shore. + +Congress being now in session, the propriety and expediency of an +appropriation for fitting out an expedition to proceed in search of the +missing ships, with their officers and crews, is respectfully submitted +to your consideration. + +Z. TAYLOR. + + + +EXECUTIVE OFFICE, _January 14, 1850_. + +THE PRESIDENT OF THE SENATE OF THE UNITED STATES. + +SIR: I transmit herewith, to be laid before the Senate for its +constitutional action thereon, a treaty concluded with the half-breeds +of the Dacotah or Sioux Indians for lands reserved for them in the +treaty of July 15, 1830, with the Sioux and other Indians, with +accompanying papers. + +Z. TAYLOR. + + + +WASHINGTON, _January 14, 1850_. + +_To the Senate of the United States:_ + +I herewith transmit reports from the Secretary of State and the +Secretary of the Navy, containing the information called for by the +resolution of the Senate of the 7th instant, in relation to the +abduction[2a] of Rey, _alias_ Garcia, from New Orleans. + +[Footnote 2a: By the Spanish consul at New Orleans.] + +Z. TAYLOR. + + + +WASHINGTON, _January 14, 1850_. + +_To the Senate of the United States:_ + +I transmit to the Senate, for their consideration, a copy of a +correspondence between the Department of State and the charge d'affaires +of Austria near this Government, on the subject of the convention for +the extension of certain stipulations contained in the treaty of +commerce and navigation of August 27, 1829, between the United States +and Austria, concluded and signed on the 8th of May, 1848, and submitted +to the Senate on the same day by my predecessor. + +Z. TAYLOR. + + + +WASHINGTON, _January 23, 1850_. + +_To the Senate of the United States:_ + +I transmit to the Senate, in answer to a resolution of that body +passed on the 17th instant, the accompanying reports of heads of +Departments, which contain all the official information in the +possession of the Executive asked for by the resolution. + +On coming into office I found the military commandant of the Department +of California exercising the functions of civil governor in that +Territory, and left, as I was, to act under the treaty of Guadalupe +Hidalgo, without the aid of any legislative provision establishing a +government in that Territory, I thought it best not to disturb that +arrangement, made under my predecessor, until Congress should take some +action on that subject. I therefore did not interfere with the powers of +the military commandant, who continued to exercise the functions of +civil governor as before; but I made no such appointment, conferred no +such authority, and have allowed no increased compensation to the +commandant for his services. + +With a view to the faithful execution of the treaty so far as lay in the +power of the Executive, and to enable Congress to act at the present +session with as full knowledge and as little difficulty as possible on +all matters of interest in these Territories, I sent the Hon. Thomas +Butler King as bearer of dispatches to California, and certain officers +to California and New Mexico, whose duties are particularly defined in +the accompanying letters of instruction addressed to them severally by +the proper Departments. + +I did not hesitate to express to the people of those Territories my +desire that each Territory should, if prepared to comply with the +requisitions of the Constitution of the United States, form a plan of a +State constitution and submit the same to Congress with a prayer for +admission into the Union as a State, but I did not anticipate, suggest, +or authorize the establishment of any such government without the assent +of Congress, nor did I authorize any Government agent or officer to +interfere with or exercise any influence or control over the election of +delegates or over any convention in making or modifying their domestic +institutions or any of the provisions of their proposed constitution. On +the contrary, the instructions given by my orders were that all measures +of domestic policy adopted by the people of California must originate +solely with themselves; that while the Executive of the United States +was desirous to protect them in the formation of any government +republican in its character, to be at the proper time submitted to +Congress, yet it was to be distinctly understood that the plan of such a +government must at the same time be the result of their own deliberate +choice and originate with themselves, without the interference of the +Executive. + +I am unable to give any information as to laws passed by any supposed +government in California or of any census taken in either of the +Territories mentioned in the resolution, as I have no information on +those subjects. + +As already stated, I have not disturbed the arrangements which I found +had existed under my predecessor. + +In advising an early application by the people of these Territories for +admission as States I was actuated principally by an earnest desire to +afford to the wisdom and patriotism of Congress the opportunity of +avoiding occasions of bitter and angry dissensions among the people of +the United States. + +Under the Constitution every State has the right of establishing and +from time to time altering its municipal laws and domestic institutions +independently of every other State and of the General Government, +subject only to the prohibitions and guaranties expressly set forth in +the Constitution of the United States. The subjects thus left +exclusively to the respective States were not designed or expected to +become topics of national agitation. Still, as under the Constitution +Congress has power to make all needful rules and regulations respecting +the Territories of the United States, every new acquisition of territory +has led to discussions on the question whether the system of involuntary +servitude which prevails in many of the States should or should not be +prohibited in that territory. The periods of excitement from this cause +which have heretofore occurred have been safely passed, but during the +interval, of whatever length, which may elapse before the admission of +the Territories ceded by Mexico as States it appears probable that +similar excitement will prevail to an undue extent. + +Under these circumstances I thought, and still think, that it was my +duty to endeavor to put it in the power of Congress, by the admission of +California and New Mexico as States, to remove all occasion for the +unnecessary agitation of the public mind. + +It is understood that the people of the western part of California have +formed a plan of a State constitution and will soon submit the same to +the judgment of Congress and apply for admission as a State. This course +on their part, though in accordance with, was not adopted exclusively in +consequence of, any expression of my wishes, inasmuch as measures +tending to this end had been promoted by the officers sent there by my +predecessor, and were already in active progress of execution before any +communication from me reached California. If the proposed constitution +shall, when submitted to Congress, be found to be in compliance with the +requisitions of the Constitution of the United States, I earnestly +recommend that it may receive the sanction of Congress. + +The part of California not included in the proposed State of that name +is believed to be uninhabited, except in a settlement of our countrymen +in the vicinity of Salt Lake. + +A claim has been advanced by the State of Texas to a very large portion +of the most populous district of the Territory commonly designated by +the name of New Mexico. If the people of New Mexico had formed a plan of +a State government for that Territory as ceded by the treaty of +Guadalupe Hidalgo, and had been admitted by Congress as a State, our +Constitution would have afforded the means of obtaining an adjustment of +the question of boundary with Texas by a judicial decision. At present, +however, no judicial tribunal has the power of deciding that question, +and it remains for Congress to devise some mode for its adjustment. +Meanwhile I submit to Congress the question whether it would be +expedient before such adjustment to establish a Territorial government, +which by including the district so claimed would practically decide the +question adversely to the State of Texas, or by excluding it would +decide it in her favor. In my opinion such a course would not be +expedient, especially as the people of this Territory still enjoy the +benefit and protection of their municipal laws originally derived from +Mexico and have a military force stationed there to protect them against +the Indians. It is undoubtedly true that the property, lives, liberties, +and religion of the people of New Mexico are better protected than they +ever were before the treaty of cession. + +Should Congress, when California shall present herself for incorporation +into the Union, annex a condition to her admission as a State affecting +her domestic institutions contrary to the wishes of her people, and even +compel her temporarily to comply with it, yet the State could change her +constitution at any time after admission when to her it should seem +expedient. Any attempt to deny to the people of the State the right of +self-government in a matter which peculiarly affects themselves will +infallibly be regarded by them as an invasion of their rights, and, upon +the principles laid down in our own Declaration of Independence, they +will certainly be sustained by the great mass of the American people. To +assert that they are a conquered people and must as a State submit to +the will of their conquerors in this regard will meet with no cordial +response among American freemen. Great numbers of them are native +citizens of the United States, not inferior to the rest of our +countrymen in intelligence and patriotism, and no language of menace to +restrain them in the exercise of an undoubted right, substantially +guaranteed to them by the treaty of cession itself, shall ever be +uttered by me or encouraged and sustained by persons acting under my +authority. It is to be expected that in the residue of the territory +ceded to us by Mexico the people residing there will at the time of +their incorporation into the Union as a State settle all questions of +domestic policy to suit themselves. + +No material inconvenience will result from the want for a short period +of a government established by Congress over that part of the territory +which lies eastward of the new State of California; and the reasons for +my opinion that New Mexico will at no very distant period ask for +admission into the Union are founded on unofficial information which, I +suppose, is common to all who have cared to make inquiries on that +subject. + +Seeing, then, that the question which now excites such painful +sensations in the country will in the end certainly be settled by the +silent effect of causes independent of the action of Congress, I again +submit to your wisdom the policy recommended in my annual message of +awaiting the salutary operation of those causes, believing that we shall +thus avoid the creation of geographical parties and secure the harmony +of feeling so necessary to the beneficial action of our political +system. Connected, as the Union is, with the remembrance of past +happiness, the sense of present blessings, and the hope of future peace +and prosperity, every dictate of wisdom, every feeling of duty, and +every emotion of patriotism tend to inspire fidelity and devotion to it +and admonish us cautiously to avoid any unnecessary controversy which +can either endanger it or impair its strength, the chief element of +which is to be found in the regard and affection of the people for each +other. + +Z. TAYLOR. + +[A similar message, dated January 21, 1850, was sent to the House of +Representatives, in answer to a resolution of that body.] + + + +WASHINGTON, _January 23, 1850_. + +_To the Senate of the United States:_ + +I transmit to the Senate a copy of the convention between the United +States and His Majesty the Emperor of Brazil, providing for the +satisfaction of claims of citizens of the United States against the +Brazilian Government, signed at Rio de Janeiro on the 27th of January +last, and the ratifications of which were exchanged in this city on the +18th instant. It is desirable that Congress should prescribe the mode in +which the claims referred to are to be adjusted and the money stipulated +to be paid by Brazil shall be distributed amongst the claimants. +Extracts from dispatches of the minister of the United States at Rio de +Janeiro and a copy of a letter from an agent of claimants there are also +herewith communicated, to which your attention is invited. I have +authorized our minister to demand, receive, and give acquittances for +the amount payable by Brazil, and have caused him to be instructed to +remit the same to the Treasury of the United States. + +Z. TAYLOR. + +[The same message was sent to the House of Representatives.] + + + +WASHINGTON, _January 30, 1850 _. + +_To the Senate of the United States:_ + +In reply to the resolution of the Senate of the 7th instant, requesting +of me all the official correspondence since the 4th of March last +between this Government and its military authorities at Santa Fe or with +the authorities of the State of Texas relating to the boundary or +occupation of Texas, and the reasons why the judicial authority of Texas +has not been recognized by the military authority at Santa Fe, I +herewith submit the accompanying reports, which contain the information +called for by the resolution. + +I have not been informed of any acts of interference by the military +forces stationed at Santa Fe with the judicial authority of Texas +established or sought to be established there. I have received no +communication from the governor of Texas on any of the matters referred +to in the resolution. And I concur in the opinion expressed by my +predecessor in the letter addressed by the late Secretary of State to +the governor of Texas on the 12th day of February, 1847, that the +boundary between the State of Texas and the Territory of New Mexico "is +a subject which more properly belongs to the legislative than to the +executive branch of the Government." + +Z. TAYLOR. + + + +WASHINGTON, _February 6, 1850_. + +_To the Senate of the United States:_ + +In reply to the resolution of the Senate of the 28th ultimo, I have to +state that the resolution of the Senate of the 2d of March, 1849, +respecting James W. Schaumburg, was in April of that year submitted for +the opinion of the Attorney-General upon questions arising in the case. +No opinion had been given by him when it became necessary, prior to the +meeting of the Senate, to prepare the nominations for promotions in the +Army. The nomination of Lieutenant Ewell was then decided upon, after +due consideration was given to the resolution of the Senate of the 2d of +March, 1849. + +I herewith submit a report from the Secretary of War, showing the +grounds upon which the decision above referred to was made. + +Z. TAYLOR. + + + +WASHINGTON, _February 13, 1850_. + +_To the Senate of the United States:_ + +I have received a resolution of the Senate of the 28th ultimo, +requesting the President of the United States "to cause to be laid +before the Senate, in open session if in his opinion consistent with the +public interest, otherwise in executive session, copies of all +instructions and communications of the late Secretary of State to our +late charge d'affaires to Guatemala and all dispatches and +communications from said charge d'affaires to the Department of State, +including any conventions or treaties he may have concluded with either +of the States composing the late Republic of Central America; and also +all correspondence between our said charge d'affaires and the Government +or representatives of either of said States; and also all instructions +and communications from the present Secretary of State to our late +charge d'affaires or our present charge d'affaires to either of said +States and all dispatches or communications from our charge d'affaires +to the Department of State, including any conventions or treaties he may +have concluded with either of said States; and also all correspondence +between the Department of State and either of said charges d'affaires +touching the so-called Kingdom of the Mosquitos and the right of way +from the Atlantic to the Pacific through Lake Nicaragua." + +The information called for by this resolution will be cheerfully +communicated to the Senate as soon as it shall be found to be compatible +with the public interest. + +Z. TAYLOR. + + + +WASHINGTON, _February 13, 1850_. + +_To the House of Representatives of the United States:_ + +I have received a resolution of the House of Representatives of the 24th +ultimo, requesting the President of the United States "to communicate to +that body (provided the publication thereof be not prejudicial to the +public interest) all such information as may be within the knowledge of +the executive department relative to the alleged extraordinary +proceedings of the English Government in the forcible seizure and +occupation of the island of Tigre, in the State of Nicaragua, Central +America; also all facts, circumstances, or communications within the +knowledge of the Executive relative to any seizure, occupation, or +attempted seizure or occupation, by the English Government of any port, +river, town, territory, or island belonging to or claimed by any of the +States of Central America; also that he be requested to communicate to +this House, if not incompatible with the public interest, all treaties +not heretofore published which may have been negotiated with any of the +States of Central America by any person acting by authority from the +late Administration or under the auspices of the present Executive." The +information called for by this resolution will be cheerfully +communicated to the House as soon as it shall be found compatible with +the public interest. + +Z. TAYLOR. + + + +WASHINGTON, _February 13, 1850_. + +_To the House of Representatives of the United States:_ + +I transmit herewith to the House of Representatives, for the information +of that body, an authenticated copy of the constitution of the State of +California, received by me from General Riley. + +Z. TAYLOR. + + + +WASHINGTON, _February 13, 1850_. + +_To the Senate of the United States:_ + +I transmit herewith to the Senate, for the information of that body, an +authenticated copy of the constitution of California, received by me +from the Hon. William M. Gwyn. + +Z. TAYLOR. + + + +WASHINGTON, _March 1, 1850_. + +_To the Senate of the United States:_ + +In reply to the resolution of the Senate of the 12th ultimo, requesting +the President of the United States "to inform the Senate of the amount +of prize money paid into the Treasury in conformity with the eighteenth +section of the act of March 3, 1849," etc., I transmit herewith a report +from the Secretary of the Navy, with accompanying documents. + +Z. TAYLOR. + + + +WASHINGTON, _March 4, 1850_. + +_To the Senate and House of Representatives of the United States:_ + +I herewith transmit to Congress copies of a recent correspondence +between the Department of State and the British minister at Washington, +relating to subjects[3a] which seem to require the consideration of the +legislative rather than the executive branch of the Government. + +[Footnote 3a: Navigation laws and tariff on British productions.] + +Z. TAYLOR. + + + +WASHINGTON, _March 6, 1850_. + +_To the Senate of the United States:_ + +In answer to the inquiries contained in the resolution of the Senate of +the 4th instant, in relation to the appointment of postmasters by the +Postmaster-General, I send to the Senate herewith the letter of the +Postmaster-General furnishing the desired information. + +Z. TAYLOR. + + + +MARCH 8, 1850. + +_To the Senate of the United States:_ + +The Postmaster-General has this day communicated to me the letter +herewith transmitted, in addition to his communication by me sent to the +Senate on the 6th instant, in relation to the inquiries contained in the +resolution of the Senate as to the appointment of postmasters. + +Z. TAYLOR. + + + +WASHINGTON, _March 19, 1850_. + +_To the Senate of the United States:_ + +I transmit herewith, for the consideration and constitutional action of +the Senate, a communication from the Secretary of the Interior, covering +two treaties with Indians of New Mexico, one negotiated with the Navajo +tribe on the 9th of September last by Colonel John Washington, of the +Army, and J.S. Calhoun, United States Indian agent at Santa Fe, and the +other with the Utah tribe, negotiated by J.S. Calhoun on the 13th of +December last. + +Z. TAYLOR. + + + +WASHINGTON, _March 19, 1850_. + +_To the Senate of the United States:_ + +I herewith transmit to the Senate, for their advice in regard to its +ratification, "a general treaty of amity, navigation, and commerce" +between the United States of America and the State of Nicaragua, +concluded at Leon by E. George Squier, charge d'affaires of the United +States, on their part, and Senor Zepeda, on the part of the Republic of +Nicaragua. + +I also transmit, for the advice of the Senate in regard to its +ratification, "a general treaty of amity, navigation, and commerce" +negotiated by Mr. Squier with the Republic of San Salvador. + +I also transmit to the Senate a copy of the instructions to and +correspondence with the said charge d'affaires relating to those +treaties. + +I also transmit, for the advice of the Senate in regard to its +ratification, "a general treaty of peace, amity, commerce, and +navigation" negotiated by Elijah Hise, our late charge d'affaires, with +the State of Guatemala. + +I also transmit, for the information of the Senate, a copy of a treaty +negotiated by Mr. Hise with the Government of Nicaragua on the 21st of +June last, accompanied by copies of his instructions from and +correspondence with the Department of State. + +On the 12th day of November, 1847, Senor Buetrago, secretary of state +and of the affairs of war and foreign relations and domestic +administration of the Supreme Government of the State of Nicaragua, +addressed a letter from the Government House at Leon to Mr. Buchanan, +then Secretary of State of the United States, asking the friendly +offices of this Government to prevent an attack upon the town of San +Juan de Nicaragua, then contemplated by the British authorities as the +allies of the Mosquito King. That letter, a translation of which is +herewith sent, distinctly charges that-- + + The object of the British in taking this key of the continent is not +to protect the small tribe of the Mosquitos, but to establish their own +empire over the Atlantic extremity of the line, by which a canal +connecting the two oceans is most practicable, insuring to them the +preponderance on the American continent, as well as their direct +relations with Asia, the East Indies, and other important countries in +the world. + +No answer appears to have been returned to this letter. + +A communication was received by my predecessor from Don Jose Guerrero, +President and Supreme Director of the State of Nicaragua, dated the 15th +day of December, 1847, expressing his desire to establish relations of +amity and commerce with the United States, a translation of which +is herewith inclosed. In this the President of Nicaragua says: + + My desire was carried to the utmost on seeing in your message at + the opening of the Twenty-ninth Congress of your Republic a sincere + profession of political faith in all respects conformable with the + principles professed by these States, determined, as they are, to + sustain with firmness the continental cause, the rights of Americans in + general, and the noninterference of European powers in their concerns. + +This letter announces the critical situation in which Nicaragua was +placed and charges upon the Court of St. James a "well-known design to +establish colonies on the coast of Nicaragua and to render itself master +of the interoceanic canal, for which so many facilities are presented by +the isthmus in that State." No reply was made to this letter. + +The British ships of war _Alarm_ and _Vixen_ arrived at San Juan de +Nicaragua on the 8th day of February, 1848, and on the 12th of that +month the British forces, consisting of 260 officers and men, attacked +and captured the post of Serapaqui, garrisoned, according to the British +statements, by about 200 soldiers, after a sharp action of one hour and +forty minutes. + +On the 7th day of March, 1848, articles of agreement were concluded by +Captain Locke, on the part of Great Britain, with the commissioners of +the State of Nicaragua in the island of Cuba, in the Lake of Nicaragua, +a copy of which will be found in the correspondence relating to the +Mosquito Territory presented to and published by the House of Commons of +Great Britain on the 3d day of July, 1848, herewith submitted. A copy of +the same document will also be found accompanying the note of the +minister for foreign affairs of Nicaragua to the Secretary of State of +the United States under date the 17th March, 1848. + +By the third article of the agreement it is provided that Nicaragua +"shall not disturb the inhabitants of San Juan, understanding that any +such act will be considered by Great Britain as a declaration of open +hostilities." By the sixth article it is provided that these articles of +agreement will not "hinder Nicaragua from soliciting by means of a +commissioner to Her Britannic Majesty a final arrangement of these +affairs." + +The communication from Senor Sebastian Salinas, the secretary of foreign +affairs of the State of Nicaragua, to Mr. Buchanan, the Secretary of +State of the United States, dated 17th March, 1848, a translation of +which is herewith submitted, recites the aggressions of Great Britain +and the seizure of a part of the Nicaraguan territory in the name of the +Mosquito King. No answer appears to have been given to this letter. + +On the 28th day of October, 1847, Joseph W. Livingston was appointed by +this Government consul of the United States for the port of San Juan de +Nicaragua. On the 16th day of December, 1847, after having received his +exequatur from the Nicaraguan Government, he addressed a letter to Mr. +Buchanan, Secretary of State, a copy of which is herewith submitted, +representing that he had been informed that the English Government would +take possession of San Juan de Nicaragua in January, 1848. + +In another letter, dated the 8th of April, 1848, Mr. Livingston states +that "at the request of the minister for foreign affairs of Nicaragua +he transmits a package of papers containing the correspondence relative +to the occupation of the port of San Juan by British forces in the name +of the Mosquito nation." + +On the 3d day of June, 1848, Elijah Hise, being appointed charge +d'affaires of the United States to Guatemala, received his instructions, +a copy of which is herewith submitted. In these instructions the +following passages occur: + + The independence as well as the interests of the nations on this + continent require that they should maintain the American system of + policy entirely distinct from that which prevails in Europe. To + suffer any interference on the part of the European Governments with + the domestic concerns of the American Republics and to permit them + to establish new colonies upon this continent would be to jeopard + their independence and to ruin their interests. These truths ought + everywhere throughout this continent to be impressed on the public + mind. But what can the United States do to resist such European + interference whilst the Spanish American Republics continue to weaken + themselves by division and civil war and deprive themselves of the + ability of doing anything for their own protection? + +This last significant inquiry seems plainly to intimate that the United +States could do nothing to arrest British aggression while the Spanish +American Republics continue to weaken themselves by division and civil +war and deprive themselves of the ability of doing anything for their +protection. + +These instructions, which also state the dissolution of the Central +American Republic, formerly composed of the five States of Nicaragua, +Costa Rica, Honduras, San Salvador, and Guatemala, and their continued +separation, authorize Mr. Hise to conclude treaties of commerce with the +Republics of Guatemala and San Salvador, but conclude with saying that +it was not deemed advisable to empower Mr. Hise to conclude a treaty +with either Nicaragua, Honduras, or Costa Rica until more full and +statistical information should have been communicated by him to the +Department in regard to those States than that which it possesses. + +The States of Nicaragua, Costa Rica, and Honduras are the only Central +American States whose consent or cooperation would in any event be +necessary for the construction of the ship canal contemplated between +the Pacific and Atlantic oceans by the way of Lake Nicaragua. + +In pursuance of the sixth article of the agreement of the 7th of March, +1848, between the forces of Great Britain and the authorities of +Nicaragua, Senor Francisco Castillon was appointed commissioner from +Nicaragua to Great Britain, and on the 5th day of November, 1848, while +at Washington on his way to London, addressed a letter to the Secretary +of State, a translation of which is herewith submitted, asking this +Government to instruct its minister plenipotentiary residing in London +to sustain the right of Nicaragua to her territory claimed by Mosquito, +and especially to the port of San Juan, expressing the hope of Nicaragua +"that the Government of the Union, firmly adhering to its principle of +resisting all foreign intervention in America, would not hesitate to +order such steps to be taken as might be effective before things reached +a point in which the intervention of the United States would prove of no +avail." + +To this letter also no answer appears to have been returned, and no +instructions were given to our minister in London in pursuance of the +request contained in it. + +On the 3d day of March, 1847, Christopher Hempstead was appointed consul +at Belize, and an application was then made for his exequatur through +our minister in London, Mr. Bancroft. Lord Palmerston referred Mr. +Bancroft's application for an exequatur for Mr. Hempstead to the +colonial office. The exequatur was granted, and Mr. Hempstead, in a +letter to the Department of State bearing date the 12th day of February, +1848, a copy of which is herewith submitted, acknowledged the receipt of +his exequatur from Her Britannic Majesty, by virtue of which he has +discharged his consular functions. Thus far this Government has +recognized the existence of a British colony at Belize, within the +territory of Honduras. I have recalled the consul, and have appointed no +one to supply his place. + +On the 26th day of May, 1848, Mr. Hempstead represented in a letter to +the Department of State that the Indians had "applied to Her Majesty's +superintendent at Belize for protection, and had desired him to take +possession of the territory which they occupied and take them under his +protection as British subjects;" and he added that in the event of the +success of their application "the British Government would then have +possession of the entire coast from Cape Conte to San Juan de +Nicaragua." In another letter, dated the 29th day of July, 1848, he +wrote: + + I have not a doubt but the designs of Her Majesty's officers here and + on the Mosquito shore are to obtain territory on this continent. + +The receipt of this letter was regularly acknowledged on the 29th day of +August, 1848. + +When I came into office I found the British Government in possession of +the port of San Juan, which it had taken by force of arms after we had +taken possession of California and while we were engaged in the +negotiation of a treaty for the cession of it, and that no official +remonstrance had been made by this Government against the aggression, +nor any attempt to resist it. Efforts were then being made by certain +private citizens of the United States to procure from the State of +Nicaragua by contract the right to cut the proposed ship canal by the +way of the river San Juan and the lakes of Nicaragua and Managua to +Realejo, on the Pacific Ocean. A company of American citizens entered +into such a contract with the State of Nicaragua. Viewing the canal as a +matter of great importance to the people of the United States, I +resolved to adopt the policy of protecting the work and binding the +Government of Nicaragua, through whose territory it would pass, also to +protect it. The instructions to E. George Squier, appointed by me charge +d'affaires to Guatemala on the 2d day of April, 1849, are herewith +submitted, as fully indicating the views which governed me in directing +a treaty to be made with Nicaragua. I considered the interference of the +British Government on this continent in seizing the port of San Juan, +which commanded the route believed to be the most eligible for the canal +across the Isthmus, and occupying it at the very moment when it was +known, as I believe, to Great Britain that we were engaged in the +negotiation for the purchase of California, as an unfortunate +coincidence, and one calculated to lead to the inference that she +entertained designs by no means in harmony with the interests of the +United States. + +Seeing that Mr. Hise had been positively instructed to make no treaty, +not even a treaty of commerce, with Nicaragua, Costa Rica, or Honduras, +I had no suspicion that he would attempt to act in opposition to his +instructions, and in September last I was for the first time informed +that he had actually negotiated two treaties with the State of +Nicaragua, the one a treaty of commerce, the other a treaty for the +construction of the proposed ship canal, which treaties he brought with +him on his return home. He also negotiated a treaty of commerce with +Honduras; and in each of these treaties it is recited that he had full +powers for the purpose. He had no such powers, and the whole proceeding +on his part with reference to those States was not only unauthorized by +instructions, but in opposition to those he had received from my +predecessor and after the date of his letter of recall and the +appointment of his successor. But I have no evidence that Mr. Hise, +whose letter of recall (a copy of which is herewith submitted) bears +date the 2d day of May, 1849, had received that letter on the 21st day +of June, when he negotiated the treaty with Nicaragua. The difficulty of +communicating with him was so great that I have reason to believe he had +not received it. He did not acknowledge it. + +The twelfth article of the treaty negotiated by Mr. Hise in effect +guarantees the perfect independence of the State of Nicaragua and her +sovereignty over her alleged limits from the Caribbean Sea to the +Pacific Ocean, pledging the naval and military power of the United +States to support it. This treaty authorizes the chartering of a +corporation by this Government to cut a canal outside of the limits of +the United States, and gives to us the exclusive right to fortify and +command it. I have not approved it, nor have I now submitted it for +ratification; not merely because of the facts already mentioned, but +because on the 31st day of December last Senor Edwardo Carcache, on +being accredited to this Government as charge d'affaires from the State +of Nicaragua, in a note to the Secretary of State, a translation of +which is herewith sent, declared that he was "only empowered to exchange +ratifications of the treaty concluded with Mr. Squier, and that the +special convention concluded at Guatemala by Mr. Hise, the charge +d'affaires of the United States, and Senor Selva, the commissioner of +Nicaragua, had been, as was publicly and universally known, disapproved +by his Government." + +We have no precedent in our history to justify such a treaty as that +negotiated by Mr. Hise since the guaranties we gave to France of her +American possessions. The treaty negotiated with New Granada on the 12th +day of December, 1846, did not guarantee the sovereignty of New Granada +on the whole of her territory, but only over "the single Province of the +Isthmus of Panama," immediately adjoining the line of the railroad, the +neutrality of which was deemed necessary by the President and Senate to +the construction and security of the work. + +The thirty-fifth article of the treaty with Nicaragua, negotiated by Mr. +Squier, which is submitted for your advice in regard to its +ratification, distinctly recognizes the rights of sovereignty and +property which the State of Nicaragua possesses in and over the line of +the canal therein provided for. If the Senate doubt on that subject, it +will be clearly wrong to involve us in a controversy with England by +adopting the treaty; but after the best consideration which I have been +able to give to the subject my own judgment is convinced that the claims +of Nicaragua are just, and that as our commerce and intercourse with the +Pacific require the opening of this communication from ocean to ocean it +is our duty to ourselves to assert their justice. + +This treaty is not intended to secure to the United States any monopoly +or exclusive advantage in the use of the canal. Its object is to +guarantee protection to American citizens and others who shall construct +the canal, and to defend it when completed against unjust confiscations +or obstructions, and to deny the advantages of navigation through it to +those nations only which shall refuse to enter into the same guaranties. +A copy of the contract of the canal company is herewith transmitted, +from which, as well as from the treaty, it will be perceived that the +same benefits are offered to all nations in the same terms. + +The message of my predecessor to the Senate of the 10th February, 1847, +transmitting for ratification the treaty with New Granada, contains in +general the principles by which I have been actuated in directing the +negotiation with Nicaragua. The only difference between the two cases +consists in this: In that of Nicaragua the British Government has seized +upon part of her territory and was in possession of it when we +negotiated the treaty with her. But that possession was taken after our +occupation of California, when the effect of it was to obstruct or +control the most eligible route for a ship communication to the +territories acquired by us on the Pacific. In the case of New Granada, +her possession was undisturbed at the time of the treaty, though the +British possession in the right of the Mosquito King was then extended +into the territories claimed by New Granada as far as Boca del Toro. The +professed objects of both the treaties are to open communications across +the Isthmus to all nations and to invite their guaranties on the same +terms. Neither of them proposes to guarantee territory to a foreign +nation in which the United States will not have a common interest with +that nation. Neither of them constitutes an alliance for any political +object, but for a purely commercial purpose, in which all the navigating +nations of the world have a common interest. Nicaragua, like New +Granada, is a power which will not excite the jealousy of any nation. + +As there is nothing narrow, selfish, illiberal, or exclusive in the +views of the United States as set forth in this treaty, as it is +indispensable to the successful completion of the contemplated canal to +secure protection to it from the local authorities and this Government, +and as I have no doubt that the British pretension to the port of San +Juan in right of the Mosquito King is without just foundation in any +public law ever before recognized in any other instance by Americans or +Englishmen as applicable to Indian titles on this continent, I shall +ratify this treaty in case the Senate shall advise that course. Its +principal defect is taken from the treaty with New Granada, the +negotiator having made it liable to be abrogated on notice after twenty +years. Both treaties should have been perpetual or limited only by the +duration of the improvements they were intended to protect. The +instructions to our charge d'affaires, it will be seen, prescribe no +limitation for the continuance of the treaty with Nicaragua. Should the +Senate approve of principle of the treaty, an amendment in this respect +is deemed advisable; and it will be well to invite by another amendment +the protection of other nations, by expressly offering them in the +treaty what is now offered by implication only--the same advantages +which we propose for ourselves on the same conditions upon which we +shall have acquired them. The policy of this treaty is not novel, nor +does it originate from any suggestion either of my immediate predecessor +or myself. On the 3d day of March, 1835, the following resolution, +referred to by the late President in his message to the Senate relative +to the treaty with New Granada, was adopted in executive session by the +Senate without division: + + _Resolved_, That the President of the United States be respectfully + requested to consider the expediency of opening negotiations with the + Governments of Central America and New Granada for the purpose of + effectually protecting, by suitable treaty stipulations with them, + such individuals or companies as may undertake to open a communication + between the Atlantic and Pacific oceans by the construction of a ship + canal across the isthmus which connects North and South America, and + of securing forever by such stipulations the free and equal rights + of navigating such a canal to all such nations on the payment of such + reasonable tolls as may be established to compensate the capitalists + who may engage in such undertaking and complete the work. + +President Jackson accorded with the policy suggested in this resolution, +and in pursuance of it sent Charles Biddle as agent to negotiate with +the Governments of Central America and New Granada. The result is fully +set forth in the report of a select committee of the House of +Representatives of the 20th of February, 1849, upon a joint resolution +of Congress to authorize the survey of certain routes for a canal or +railroad between the Atlantic and Pacific oceans. The policy indicated +in the resolution of the 3d March, 1835, then adopted by the President +and Senate, is that now proposed for the consideration and sanction of +the Senate. So far as my knowledge extends, such has ever been the +liberal policy of the leading statesmen of this country, and by no one +has it been more earnestly recommended than by my lamented predecessor. + +Z. TAYLOR. + + + +WASHINGTON, _March 26, 1850_. + +_To the House of Representatives of the United States:_ + +I herewith transmit, for the information of Congress, a copy of the +report[4a] of Thomas Butler King, esq., appointed bearer of dispatches +and special agent to California, made in pursuance of instructions +issued from the Department of State on the 3d day of April last. + +[Footnote 4a: On California affairs.] + +Z. TAYLOR. + + + +WASHINGTON, _March 28, 1850_. + +_To the Senate of the United States:_ + +In compliance with a resolution of the Senate of the 22d instant, +requesting the President of the United States to communicate to that +body a copy of the instructions given to the agent of the United States +who was employed to visit Hungary during the recent war between that +country and Austria, and of the correspondence by and with such agent, +so far as the publication of the same may be consistent with the public +interest, I herewith transmit to the Senate a copy of the instructions +to A. Dudley Mann, esq., relating to Hungary, he having been appointed +by me special agent to that country on the 18th day of June last, +together with a copy of the correspondence with our late charge +d'affaires to Austria referred to in those instructions and of other +papers disclosing the policy of this Government in reference to Hungary +and her people. I also transmit, in compliance with the resolution of +the Senate, but in a separate packet, a copy of the correspondence of +Mr. Mann with the Department of State. The latter I have caused to be +marked "_executive_"--the information contained in it being such as will +be found on examination most appropriately to belong to the Senate in +the exercise of its executive functions. The publication of this +correspondence of the agent sent by me to Hungary is a matter referred +entirely to the judgment and discretion of the Senate. + +It will be seen by the documents now transmitted that no minister or +agent was accredited by the Government of Hungary to this Government at +any period since I came into office, nor was any communication ever +received by this Government from the minister of foreign affairs of +Hungary or any other executive officer authorized to act in her behalf. + +My purpose, as freely avowed in this correspondence, was to have +acknowledged the independence of Hungary had she succeeded in +establishing a government _de facto_ on a basis sufficiently permanent +in its character to have justified me in doing so according to the +usages and settled principles of this Government; and although she is +now fallen and many of her gallant patriots are in exile or in chains, I +am free still to declare that had she been successful in the +maintenance of such a government as we could have recognized we should +have been the first to welcome her into the family of nations. + +Z. TAYLOR. + + + +WASHINGTON, _April 3, 1850_. + +_To the Senate and House of Representatives of the United States:_ + +I transmit a translation of a note, under date the 20th of last month, +addressed to the Secretary of State by the minister of the Mexican +Republic accredited to this Government, expressing the views of that +Government with reference to the control of the wild Indians of the +United States on the frontier of Mexico, as stipulated for in the +eleventh article of the treaty of Guadalupe Hidalgo. + +Z. TAYLOR. + + + +WASHINGTON, _April 22, 1850_. + +_To the Senate of the United States:_ + +I herewith transmit to the Senate, for their advice with regard to its +ratification, a convention between the United States and Great Britain, +concluded at Washington on the 19th instant by John M. Clayton, +Secretary of State, on the part of the United States, and by the Right +Hon. Sir Henry Lytton Bulwer, on the part of Great Britain. + +This treaty has been negotiated in accordance with the general views +expressed in my message to Congress in December last. Its object is to +establish a commercial alliance with all great maritime states for the +protection of a contemplated ship canal through the territory of +Nicaragua to connect the Atlantic and Pacific oceans, and at the same +time to insure the same protection to the contemplated railways or +canals by the Tehuantepec and Panama routes, as well as to every other +interoceanic communication which may be adopted to shorten the transit +to or from our territories on the Pacific. + +It will be seen that this treaty does not propose to take money from the +public Treasury to effect any object contemplated by it. It yields +protection to the capitalists who may undertake to construct any canal +or railway across the Isthmus, commencing in the southern part of Mexico +and terminating in the territory of New Granada. It gives no preference +to any one route over another, but proposes the same measure of +protection for all which ingenuity and enterprise can construct. Should +this treaty be ratified, it will secure in future the liberation of all +Central America from any kind of foreign aggression. + +At the time negotiations were opened with Nicaragua for the construction +of a canal through her territory I found Great Britain in possession of +nearly half of Central America, as the ally and protector of the +Mosquito King. It has been my object in negotiating this treaty not only +to secure the passage across the Isthmus to the Government and citizens +of the United States by the construction of a great highway dedicated to +the use of all nations on equal terms, but to maintain the independence +and sovereignty of all the Central American Republics. The Senate will +judge how far these objects have been effected. + +If there be any who would desire to seize and annex any portion of the +territories of these weak sister republics to the American Union, or to +extend our dominion over them, I do not concur in their policy; and I +wish it to be understood in reference to that subject that I adopt the +views entertained, so far as I know, by all my predecessors. + +The principles by which I have been regulated in the negotiation of this +treaty are in accordance with the sentiments well expressed by my +immediate predecessor on the 10th of February, 1847, when he +communicated to the Senate the treaty with New Granada for the +protection of the railroad at Panama. It is in accordance with the whole +spirit of the resolution of the Senate of the 3d of March, 1835, +referred to by President Polk, and with the policy adopted by President +Jackson immediately after the passage of that resolution, who dispatched +an agent to Central America and New Granada "to open negotiations with +those Governments for the purpose of effectually protecting, by suitable +treaty stipulations with them, such individuals or companies as might +undertake to open a communication between the Atlantic and Pacific +oceans by the construction of a ship canal across the isthmus which +connects North and South America, and of securing forever by such +stipulations the free and equal right of navigating such canal to all +such nations on the payment of such reasonable tolls as might be +established to compensate the capitalists who should engage in such +undertaking and complete the work." + +I also communicate herewith a copy of the correspondence between the +American Secretary of State and the British plenipotentiary at the time +of concluding the treaty. Whatever honor may be due to the party first +proposing such a treaty justly belongs to the United States. My +predecessor, in his message of the 10th of February, 1847, referring to +the treaty with New Granada for the protection of the Panama Railroad, +observes that-- + + Should the proposition thus tendered be rejected we may deprive the +United States of the just influence which its acceptance might secure to +them, and confer the glory and benefits of being the first among the +nations in concluding such an arrangement upon the Government either of +Great Britain or France. That either of these Governments would embrace +the offer can not be doubted, because there does not appear to be any +other effectual means of securing to all nations the advantages of this +important passage but the guaranty of great commercial powers that the +Isthmus shall be neutral territory. The interests of the world at stake +are so important that the security of this passage between the two +oceans can not be suffered to depend upon the wars and revolutions which +may arise among different nations. + +Should the Senate in its wisdom see fit to confirm this treaty, and the +treaty heretofore submitted by me for their advice in regard to its +ratification, negotiated with the State of Nicaragua on the 3d day of +September last, it will be necessary to amend one or both of them, so +that both treaties may stand in conformity with each other in their +spirit and intention. The Senate will discover by examining them both +that this is a task of no great difficulty. + +I have good reason to believe that France and Russia stand ready to +accede to this treaty, and that no other great maritime state will +refuse its accession to an arrangement so well calculated to diffuse the +blessings of peace, commerce, and civilization, and so honorable to all +nations which may enter into the engagement. + +Z. TAYLOR. + + + +WASHINGTON, _May 6, 1850_. + +_To the Senate of the United States:_ + +I transmit to the Senate, for its consideration with a view to +ratification, a consular convention between the United States and the +Republic of New Granada, signed in this city on the 4th of this month by +the Secretary of State on the part of the United States, and by Senor +Don Rafael Rivas, charge d'affaires of New Granada, on the part of that +Republic. + +Z. TAYLOR. + + + +WASHINGTON, _May 7, 1850_. + +_To the House of Representatives of the United States:_ + +I herewith transmit to the House of Representatives copies of a +correspondence between the Department of State and the British legation +in this city, relative to the reciprocal admission of the natural +products of the United States and Canada free of duty into the +territories of both countries. It will be seen by the accompanying +documents that the late Secretary of the Treasury recommended, in his +correspondence with the Committee on Commerce in the House of +Representatives, reciprocal free trade in the natural products of the +United States and Canada; that in March and June, 1849, a correspondence +was opened between the British charge d'affaires then residing in +Washington and the Secretary of State upon the subject of a commercial +convention or treaty to carry out the views of Her Majesty's Government +in relation thereto, and that the proposition for such a convention or +treaty was declined on the part of the American Government for reasons +which are fully set forth in the note of the Secretary of State to Mr. +Crampton of the 26th of June last. During the negotiations connected +with this correspondence, not considering the markets of Canada as an +equivalent for those of the United States, I directed the Secretary of +State to inquire what other benefits of trade and commerce would be +yielded by the British authorities in connection with such a measure, +and particularly whether the free navigation of the St. Lawrence would +be conceded to us. That subject has accordingly been presented to the +British Government, and the result was communicated by Her Majesty's +minister in Washington on the 27th of March last in reply to a note from +the Secretary of State of the 26th of that month. From these papers it +will be perceived that the navigation of the St. Lawrence and of the +canals connecting it with the Western lakes will be opened to the +citizens of the United States in the event that the bill referred to in +the correspondence, providing for the admission of their natural +products, should become a law. The whole subject is now submitted to the +consideration of Congress, and especially whether the concession +proposed by Great Britain is an equivalent for the reciprocity desired +by her. + +Z. TAYLOR. + + + +WASHINGTON, _May 8, 1850_. + +_To the Senate of the United States:_ + +With reference to the convention between the United States and Her +Britannic Majesty relative to interoceanic communication by the way of +Nicaragua, recently submitted to the Senate, I transmit a copy of a +note, under date the 29th ultimo, addressed to the Secretary of State by +Sir Henry L. Bulwer, Her Britannic Majesty's minister here, and of Mr. +Clayton's reply, under date the 30th ultimo. Intelligence received from +the charge d'affaires of the United States in Central America and from +other quarters having led to an apprehension that Mr. Chatfield, Her +Britannic Majesty's minister in that country, had concluded a treaty +with the Government of Costa Rica placing that State under the +protection of the British Government, I deemed it my duty to cause +inquiries upon the subject to be addressed to Her Majesty's Government +through Sir Henry L. Bulwer. The note of that functionary communicates +the answer to those inquiries, and may be deemed satisfactory, both from +the denial of the fact that any such treaty has been concluded and from +its positive disavowal on behalf of the British Government of the policy +intended to be subserved by such treaties. + +Z. TAYLOR. + + + +WASHINGTON, _May 18, 1850_. + +_To the House of Representatives of the United States:_ + +I herewith transmit to the House of Representatives a report of the +Secretary of State, with accompanying papers,[5a] in answer to its +resolution of the 28th of March last. + +Z. TAYLOR. + +[Footnote 5a: Communications from the United States consul at Vienna.] + + + +WASHINGTON, _May 20, 1850_. + +_To the Senate of the United States:_ + +I transmit herewith reports from the Secretary of the Interior and +Secretary of War, in reply to the resolution of the Senate of the 30th +ultimo, calling for information in relation to the hostilities and +outrages committed during the past year by the Seminole Indians in +Florida, the steps taken for their removal west of the Mississippi, the +area now occupied by them, etc. + +Z. TAYLOR. + + + +WASHINGTON, _May 22, 1850_. + +_To the Senate of the United States:_ + +I herewith transmit to the Senate reports of the several heads of +Departments, to whom were referred the resolutions of the Senate of the +9th instant, "requesting the President of the United States to furnish +to the Senate copies of all correspondence between any of the Executive +Departments and General Persifor F. Smith and Brigadier-General B. +Riley, or either of them, relative to affairs in California, which had +not been communicated to the Senate; and also all information existing +in any of the Executive Departments respecting the transactions of the +convention in California by which the project of a State government was +prepared, and particularly a copy of the journals of said convention and +of such of the ordinances adopted by it as may in any way have been +communicated to any of the said Departments; and likewise to inform the +Senate if the surrender of General Riley to the jurisdiction and civil +authority of the government made by the aforesaid convention was by +order of the Executive of the United States, and, if not, whether the +proclamation of General Riley recognizing the said State government and +submitting to its jurisdiction has received the sanction of the +Executive; and also that he furnish to the Senate whatever intelligence +may have been received in the executive department respecting the +condition of civil affairs in the Oregon Territory." + +The reports, with the official correspondence accompanying them, it is +believed, embrace all the information in the Departments called for by +the resolutions. + +Z. TAYLOR. + + + +WASHINGTON, _May 24, 1850_. + +_To the Senate of the United States:_ + +In the month of January last I nominated Thomas Sewall to be consul of +the United States for the port of Santiago de Cuba, to which office he +had been appointed by me during the recess of the Senate. The Spanish +Government having refused to recognize Mr. Sewall as consul for that +port, I now withdraw that nomination and nominate William N. Adams to +fill the vacancy thus occasioned. + +Z. TAYLOR. + + + +WASHINGTON, _May 29, 1850_. + +_To the Senate of the United States:_ + +I transmit to the Senate a copy of a dispatch from the minister of the +United States at London, together with the memorial and other documents +addressed to the Senate and House of Representatives of the United +States by Count de Bronno Bronski which accompanied it, relative to an +improved breed of silkworms which he desires to have introduced into +this country. + +Z. TAYLOR. + + + +WASHINGTON, _June 3, 1850_. + +_To the Senate of the United States:_ + +I transmit to the Senate herewith reports from the several heads of +Departments, which contain all the information in possession of the +Executive relative to the subject of the resolution of the 23d instant +[ultimo]. + +No information has been received establishing the existence of any +revolutionary movement in the island of Cuba among the inhabitants of +that island. The correspondence submitted discloses, however, the fact +that repeated attempts have been made under the direction of foreigners +enjoying the hospitality of this country to get up armed expeditions in +the United States for the purpose of invading Cuba. It will be seen by +that correspondence that this Government has been faithful in the +discharge of its treaty obligations with Spain and in the execution of +the acts of Congress which have for their object the maintenance in this +regard of the peace and honor of this country. + +Z. TAYLOR. + + + +WASHINGTON, _June 10, 1850_. + +_To the Senate of the United States:_ + +I submit herewith, in reply to a resolution of the Senate of the 3d +instant, calling for "copies of the instructions given and orders issued +in relation to the assemblage of persons on Round Island, coast of +Mississippi, during the summer of 1849, and of the correspondence +between the President or heads of Departments and the governor of +Mississippi and the officers, naval or military, of the United States in +reference to the observation, investment, and dispersion of said +assemblage upon said island," a report from the Secretary of the Navy +and accompanying documents, which contain all the information on the +subject not heretofore communicated to the Senate. + +Z. TAYLOR. + + + +WASHINGTON, _June 13, 1850_. + +_To the House of Representatives of the United States:_ + +I transmit to the House of Representatives a copy of a dispatch +addressed by the minister of the United States at Paris to the Secretary +of State, with a translation of the documents which accompanied it, +relative to the memorial of Pierre Piron, a citizen of the French +Republic, who, it will be perceived, presents a just claim to pecuniary +remuneration from this Government on account of services rendered to +citizens of the United States. + +Z. TAYLOR. + + + +WASHINGTON, _June 17, 1850_. + +_To the Senate of the United States:_ + +I have received a copy of the resolution of the Senate of the 11th June +instant, requesting me "to inform the Senate whether any orders have +been issued to any military officer or officers at Santa Fe to hold +possession against the authority of Texas, or in any way to embarrass or +prevent the exercise of her jurisdiction over that country, and to +furnish the Senate with copies of any correspondence which may have +taken place between the War Department and the military stationed at +Santa Fe since the date of my last communication to the Senate on that +subject." + +In reply to that resolution I state that no such orders have been given. + +I herewith present to the Senate copies of all the correspondence +referred to in the resolution. All the other orders relating to the +subject-matter of the resolution have been heretofore communicated to +the Senate. + +I have already, in a former message, referred to the fact that the +boundary between Texas and New Mexico is disputed. I have now to state +that information has been recently received that a certain Robert S. +Neighbors, styling himself commissioner of the State of Texas, has +proceeded to Santa Fe with a view of organizing counties in that +district under the authority of Texas. While I have no power to decide +the question of boundary, and no desire to interfere with it, as a +question of title, I have to observe that the possession of the +territory into which it appears that Mr. Neighbors has thus gone was +actually acquired by the United States from Mexico, and has since been +held by the United States, and, in my opinion, ought so to remain until +the question of boundary shall have been determined by some competent +authority. Meanwhile, I think there is no reason for seriously +apprehending that Texas will practically interfere with the possession +of the United States. + +Z. TAYLOR. + + + +WASHINGTON, _June 26, 1850_. + +_To the House of Representatives of the United States:_ + +I herewith transmit a report of the Secretary of War, communicating the +information, as far as it can be furnished, required by the resolution +of the House of Representatives of the 17th instant, respecting the +amount of money collected from customs in California from the conclusion +of the war until the collector appointed under the act of March 3, 1849, +entered upon his duties, the objects for which said money has been +expended, and the authority under which the collections and +disbursements were made. + +Z. TAYLOR. + + + +WASHINGTON, _June 27, 1850_. + +_To the Senate of the United States:_ + +In compliance with the resolution of the Senate of the 3d instant, +requesting information in regard to the indemnity stipulated to be paid +by the Government of Peru to the Government of the United States +pursuant to the modified convention of the 17th of March, 1841, I +transmit a report from the Secretary of State and the documents by which +it was accompanied. The sums paid by that Government under the +convention are mentioned in the letters of Messrs. E. McCall & Co., of +Lima, who were appointed by my predecessor the agents to receive the +installments as they might fall due. + +Z. TAYLOR. + + + +WASHINGTON, _July 1, 1850_. + +_To the House of Representatives of the United States:_ + +In reply to the resolution of the House of Representatives of the 17th +ultimo, in regard to the number of vessels, guns, and men constituting +the African squadron, the annual expenses of that squadron, etc., I +submit herewith a report from the Secretary of the Navy, with +accompanying documents. + +Z. TAYLOR. + + + +WASHINGTON, _July 1, 1850_. + +_To the Senate of the United States:_ + +I herewith transmit a report from the Secretary of War, prepared in +answer to a resolution of the Senate of the 27th ultimo, requesting +information of the proceedings of the Executive in regard to the +appointment of the officer now commanding in New Mexico, the orders and +instructions given to and correspondence with him, and upon other +subjects mentioned in the resolution. + +Z. TAYLOR. + + + +WASHINGTON, _July 2, 1850_. + +_To the Senate of the United States:_ + +In the month of March last I nominated William McNeir to be a justice of +the peace in and for the county of Washington, in the District of +Columbia, and on the 24th day of June the Senate advised and consented +to the nomination. Since then I have learned from the late mayor of the +city of Washington, upon whose recommendation the nomination was made, +that the person whom he intended to recommend for that office was George +McNeir, whom I now nominate to be a justice of the peace in and for the +county of Washington, in the District of Columbia. + +In the month of February last I nominated Benjamin Riddells as consul of +the United States for Chihuahua, and on the 10th day of June last the +Senate advised and consented to that nomination. I have since learned +that the persons recommending the appointment of Mr. Riddells by the +praenomen of Benjamin intended to recommend Bennet Riddells, whom I now +nominate to be consul of the United States for Chihuahua in order to +correct the mistake thus inadvertently made. + +Z. TAYLOR. + + + + +PROCLAMATIONS. + + +ZACHARY TAYLOR, PRESIDENT OF THE UNITED STATES OF AMERICA. + +_To all whom it may concern:_ + +An exequatur having been granted to Senor Carlos de Espana, bearing date +the 29th October, 1846, recognizing him as the consul of Her Catholic +Majesty at the port of New Orleans and declaring him free to exercise +and enjoy such functions, powers, and privileges as are allowed to the +consuls of the most favored nations in the United States: + +These are now to declare that I do no longer recognize the said Carlos +de Espana as consul of Her Catholic Majesty in any part of the United +States, nor permit him to exercise and enjoy any of the functions, +powers, or privileges allowed to the consuls of Spain; and I do hereby +wholly revoke and annul the said exequatur heretofore given, and do +declare the same to be absolutely null and void from this day forward. + +In testimony whereof I have caused these letters to be made patent and +the seal of the United States of America to be hereunto affixed. + +[SEAL.] + +Given under my hand this 4th day of January, A.D. 1850, and of the +Independence of the United States the seventy-fourth. + +Z. TAYLOR. + +By the President: + JOHN M. CLAYTON, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + + +Whereas by an act of the Congress of the United States of the 14th of +August, 1848, entitled "An act to establish the Territorial government +of Oregon," the President of the United States is authorized to +establish such ports of delivery in the collection district created by +that act, not exceeding two in number (one of which shall be located on +Pugets Sound), as he may deem proper: + +Now, therefore, I, Zachary Taylor, President of the United States of +America, do hereby declare and proclaim the ports of Nesqually (on +Pugets Sound) and Portland, in the collection district of Oregon, in the +Territory of Oregon, to be constituted ports of delivery, with all the +privileges authorized by law to such ports. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 10th day of January, A.D. 1850, and +of the Independence of the United States the seventy-fourth. + +Z. TAYLOR. + +By the President: + J.M. CLAYTON, + _Secretary of State_. + + + + +DEATH OF PRESIDENT TAYLOR. + + +ANNOUNCEMENT TO MR. FILLMORE. + +[From official records in the State Department.] + +DEPARTMENT OF STATE, + +_Washington, July 9, 1850_. + +MILLARD FILLMORE, + +_President of the United States_. + +SIR: The melancholy and most painful duty devolves on us to announce to +you that Zachary Taylor, late President of the United States, is no +more. He died at the President's mansion this evening at half-past 10 +o'clock. + +We have the honor to be, etc., + +JOHN M. CLAYTON, + _Secretary of State_. + +W.M. MEREDITH, + _Secretary of the Treasury_. + +T. EWING, + _Secretary of the Interior_. + +GEO. W. CRAWFORD, + _Secretary of War_. + +WM. BALLARD PRESTON, + _Secretary of the Navy_. + +J. COLLAMER, + _Postmaster-General_. + +[The announcement as published in the Daily National Intelligencer of +July 11, 1850, contains also the signature of Reverdy Johnson, +Attorney-General.] + + + +REPLY OF MR. FILLMORE. + +[From official records in the State Department.] + +WASHINGTON, _July 9, 1850_. + +To the Hons. JOHN M. CLAYTON, Secretary of State; W.M. MEREDITH, +Secretary of the Treasury; T. EWING, Secretary of the Interior; GEO. W. +CRAWFORD, Secretary of War; WM. BALLARD PRESTON, Secretary of the Navy; +J. COLLAMER, Postmaster-General; REVERDY JOHNSON, Attorney-General. + +GENTLEMEN: I have just received your note conveying the melancholy and +painful intelligence of the decease of Zachary Taylor, late President of +the United States. I have no language to express the emotions of my +heart. The shock is so sudden and unexpected that I am overwhelmed with +grief. + +I shall avail myself of the earliest moment to communicate this sad +intelligence to Congress, and shall appoint a time and place for taking +the oath of office prescribed to the President of the United States. You +are requested to be present and witness the ceremony. + +I am, gentlemen, etc., + +MILLARD FILLMORE. + + + +COMMUNICATION TO THE SENATE FROM MR. FILLMORE. + +[From Senate Journal, Thirty-first Congress, first session, p. 443.] + +WASHINGTON, _July 10, 1850_. + +_To the Senate of the United States:_ + +In consequence of the lamented death of Zachary Taylor, late President +of the United States, I shall no longer occupy the chair of the Senate, +and I have thought that a formal communication to the Senate to that +effect, through your Secretary, might enable you the more promptly to +proceed to the choice of a presiding officer. + +MILLARD FILLMORE + + + +ANNOUNCEMENT TO CONGRESS. + +[From Senate Journal, Thirty-first Congress, first session, p. 443.] + +WASHINGTON, _July 10, 1850_. + +_Fellow-Citizens of the Senate and House of Representatives:_ + +I have to perform the melancholy duty of announcing to you that it has +pleased Almighty God to remove from this life Zachary Taylor, late +President of the United States. He deceased last evening at the hour of +half-past 10 o'clock, in the midst of his family and surrounded by +affectionate friends, calmly and in the full possession of all his +faculties. Among his last words were these, which he uttered with +emphatic distinctness: + + I have always done my duty. I am ready to die. My only regret is + for the friends I leave behind me. + +Having announced to you, fellow-citizens, this most afflicting +bereavement, and assuring you that it has penetrated no heart with +deeper grief than mine, it remains for me to say that I propose this day +at 12 o'clock, in the Hall of the House of Representatives, in the +presence of both Houses of Congress, to take the oath prescribed by the +Constitution, to enable me to enter on the execution of the office which +this event has devolved on me. + +MILLARD FILLMORE. + + + +ANNOUNCEMENT TO REPRESENTATIVES OF THE UNITED STATES ABROAD. + +[From official records in the State Department] + +CIRCULAR. + +DEPARTMENT OF STATE, + +_Washington, July 10, 1850._ + +Sir: It has become my most painful duty to announce to you the decease +of Zachary Taylor, late President of the United States. + +This afflicting event took place on the 9th instant at the Executive +Mansion in this city, at thirty minutes after 10 o'clock in the evening. + +I am, sir, respectfully, your obedient servant, + +JOHN M. CLAYTON. + + + +ANNOUNCEMENT TO REPRESENTATIVES OF FOREIGN GOVERNMENTS IN THE UNITED +STATES. + +[From official records in the State Department.] + +CIRCULAR. + +DEPARTMENT OF STATE, + +_Washington, July 10, 1850._ + +SIR: It is my great misfortune to be obliged to inform you of an event +not less afflicting to the people of the United States than distressing +to my own feelings and the feelings of all those connected with the +Government. + +The President, Zachary Taylor, departed this life yesterday at half-past +10 o'clock in the evening. + +You are respectfully invited to attend the funeral ceremonies, which +will take place on Saturday next, and with the particular arrangements +for which you will be made acquainted in due time. + +Not doubting your sympathy and condolence with the Government and people +of the country on this bereavement, I have the honor to be, sir, with +high consideration, your obedient servant, + +JOHN M. CLAYTON. + + + +ANNOUNCEMENT TO THE ARMY. + +[From official records in the War Department.] + +GENERAL ORDERS, No. 21. + +WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, + +_Washington July 11, 1850_. + +I. The following order of the President of the United States announces +to the Army the lamented death of the illustrious General Zachary +Taylor, late President of the United States: + + +WAR DEPARTMENT, _July 11, 1850_. + +The President of the United States with profound sorrow announces to the +Army, the Navy, and Marine Corps the death of Zachary Taylor, late +President of the United States. He died at the Executive Mansion on the +night of the 9th instant at half-past 10 o'clock. + +His last public appearance was in participating in the ceremonies of our +national anniversary at the base of the monument now rearing to the +memory of Washington. His last official act was to affix his signature +to the convention recently concluded between the United States and Great +Britain. + +The vigor of a constitution strong by nature and confirmed by active and +temperate habits had in later years become impaired by the arduous toils +and exposures of his military life. + +Solely engrossed in maintaining the honor and advancing the glory of his +country, in a career of forty years in the Army of the United States he +rendered himself signal and illustrious. An unbroken current of success +and victory, terminated by an achievement unsurpassed in our annals, +left nothing to be accomplished for his military fame. + +His conduct and courage gave him this career of unexampled fortune, and +with the crowning virtues of moderation and humanity under all +circumstances, and especially in the moment of victory, revealed to his +countrymen those great and good qualities which induced them unsolicited +to call him from his high military command to the highest civil office +of honor and trust in the Republic; not that he desired to be first, but +that he was felt to be worthiest. + +The simplicity of his character, the singleness of his purpose, the +elevation and patriotism of his principles, his moral courage, his +justice, magnanimity and benevolence, his wisdom, moderation, and power +of command, while they have endeared him to the heart of the nation, add +to the deep sense of the national calamity in the loss of a Chief +Magistrate whom death itself could not appall in the consciousness of +"having always done his duty." + +The officers of the Army, of the Navy, and Marine Corps will, as a +manifestation of their respect for the exalted character and eminent +public services of the illustrious dead, and of their sense of the +calamity the country has sustained by this afflicting dispensation of +Providence, wear crape on the left arm and upon the hilt of the sword +for six months. + +It is further directed that funeral honors be paid at +each of the military posts according to general regulations, and at +navy-yards and on board all public vessels in commission, by firing +thirty minute guns, commencing at meridian, on the day after the receipt +of this order, and by wearing their flags at half-mast. + +By order of the President: + +GEORGE W. CRAWFORD, + +_Secretary of War_. + + +II. The day after the receipt of this general order at each military +post the troops will be paraded at 10 o'clock a.m. and the order read to +them, after which all labors for the day will cease. + +The national flag will be displayed at half-staff. + +At dawn of day thirteen guns will be fired, and afterwards at intervals +of thirty minutes between the rising and setting sun a single gun, and +at the close of the day a national salute of thirty guns. + +The officers of the Army will wear the badge of mourning on the left arm +and on their swords and the colors of the several regiments will be put +in mourning for the period of six months. + +By order: R. JONES, + +_Adjutant-General._ + +[The Secretary of the Navy made the same announcement to the Navy as +that portion of the above signed by the Secretary of War.] + + + +ORDER OF THE PRESIDENT. + +[From the Daily National Intelligencer, July 12, 1850.] + +WASHINGTON, _July 10, 1850_. + +In consequence of the death of the President of the United States, I +direct that the several Executive Departments be closed until after the +funeral of the illustrious deceased, and that they, as well as the +Executive Mansion, be placed in mourning, and that the several officers +of the Government wear the usual badge of mourning for the term of six +months. + +MILLARD FILLMORE. + + + +ACTION OF CONGRESS. + +[From Senate Journal, Thirty-first Congress, first session, p. 445.] + +RESOLUTION OF THE SENATE. + +Whereas it has pleased Divine Providence to remove from this life +Zachary Taylor, late President of the United States, the Senate, +sharing in the general sorrow which this melancholy event must produce, +is desirous of manifesting its sensibility on this occasion: Therefore + +_Resolved_, That a committee consisting of Messrs. Webster, Cass, and +King be appointed on the part of the Senate to meet such committee as +may be appointed on the part of the House of Representatives to consider +and report what measures it may be deemed proper to adopt to show the +respect and affection of Congress for the memory of the illustrious +deceased and to make the necessary arrangements for his funeral. + +[From House Journal, Thirty-first Congress, first session, p. 1121.] + +RESOLUTION OF THE HOUSE OF REPRESENTATIVES. + +Whereas it has pleased Divine Providence to remove from this life +Zachary Taylor, late President of the United States, the House of +Representatives, sharing in the general sorrow which this melancholy +event must produce, is desirous of manifesting its sensibility on the +occasion: Therefore + +_Resolved_, That a committee consisting of thirteen members be appointed +on the part of this House to meet such committee as may be appointed on +the part of the Senate to consider and report what measures it may be +deemed proper to adopt in order to show the respect and affection of +Congress for the memory of the illustrious deceased and to make the +necessary arrangements for his funeral. + +[The committee consisted of Messrs. Conrad, of Louisiana; McDowell, of +Virginia; Winthrop, of Massachusetts; Bissell, of Illinois; Duer, of New +York; Orr, of South Carolina; Breck, of Kentucky; Strong, of +Pennsylvania; Vinton, of Ohio; Cabell, of Florida; Kerr, of Maryland; +Stanly, of North Carolina; Littlefield, of Maine.] + + + +OFFICIAL ARRANGEMENTS FOR THE FUNERAL. + +[From the Daily National Intelligencer, July 13, 1850.] + +WASHINGTON, _July 11, 1850_. + +The Committee of Arrangements of the two Houses of Congress, having +consulted with the family of the deceased, have concluded that the +funeral of the late President be solemnized on Saturday, the 13th of +July, at 12 o'clock; the religious services to be performed by the Rev. +Dr. Pyne at the Executive Mansion, according to the usage of the +Episcopal Church, in which church the deceased most usually worshiped; +the body to be afterwards taken from the President's house to the +Congress Burying Ground, accompanied by a military escort and civic +procession, and deposited in the receiving tomb. + +The military arrangements to be under the direction of Major-General +Scott, the General Commanding in Chief of the Army of the United States, +and Major-General Walter Jones, of the militia of the District of +Columbia. + +Commodore Warrington, the senior naval officer now in the city, to have +the direction of the naval arrangements. + +The marshal of the District of Columbia to have the direction of the +civic procession. + +All the members of the diplomatic corps, all officers of Government, the +clergy of the District and elsewhere, all associations and fraternities, +and citizens generally are invited to attend. + +And it is respectfully recommended to the officers of the Government +that they wear the usual badge of mourning. + +ORDER OF THE PROCESSION. + +FUNERAL ESCORT. + +(In column of march.) + +Composed of such corps of the Army and the militia as may be ordered or +as may report themselves for duty on the occasion. + +CIVIC PROCESSION. + +The United States marshal of the District of Columbia and his aids. + +The mayors of Washington and Georgetown. + +The Committee of Arrangements of the two Houses of Congress. + +The chaplains of the two Houses of Congress and the officiating +clergyman of the occasion. + +Attending physicians to the late President. + +_Pallbearers_.--Hon. Henry Clay, Hon. T.H. Benton, Hon. Lewis Cass, Hon. +Daniel Webster, Hon. J.M. Berrien, Hon. Truman Smith, Hon. R.C. +Winthrop, Hon. Linn Boyd, Hon. James McDowell, Hon. S.F. Vinton, Hon. +Hugh White, Hon. Isaac E. Holmes, G.W.P. Custis, esq., Hon. R.J. Walker, +Chief Justice Cranch, Joseph Gales, esq., Major-General Jesup, +Major-General Gibson, Commodore Ballard, Brigadier-General Henderson. + +The horse used by General Taylor in the late war. + +Family and relatives of the late President. + +The President of the United States and the heads of Departments. + +The Sergeant-at-Arms of the Senate. + +The Senate of the United States, preceded by the President _pro tempore_ +and Secretary. + +The Sergeant-at-Arms of the House of Representatives. + +The House of Representatives, preceded by their Speaker and Clerk. + +The Chief Justice and associate justices of the Supreme Court of the +United States and its officers. + +The diplomatic corps. + +Governors of States and Territories. + +Ex-members of Congress. + +Members of State legislatures. + +District judges of the United States. + +Judges of the circuit and criminal courts of the District of Columbia, +with the members of the bar and officers of the courts. + +The judges of the several States. + +The Comptroller of the Treasury, Auditors, Treasurer, Register, +Solicitor, and Commissioners of Land Office, Pensions, Indian Affairs, +Patents, and Public Buildings. + +The clerks, etc., of the several Departments, preceded by their +respective chief clerks, and all other civil officers of the Government. + +Clergy of the District of Columbia and elsewhere. + +Officers and soldiers of the Revolution. + +Corporate authorities of Washington. + +Corporate authorities of Georgetown. + +Officers and soldiers who served in the War of 1812 and in the late war. + +Presidents, professors, and students of the colleges of the District of +Columbia. + +Such societies and fraternities as may wish to join the procession, to +report to the marshal of the District, who will assign them their +respective positions. + +Citizens and strangers. + +The procession will move from the President's house at 1 o'clock +precisely, or on the conclusion of the religious services. + +DANIEL WEBSTER, +_Chairman of the Committee on the part of the Senate_. + +CHAS. M. CONRAD, +_Chairman of the Committee on the part of the House of Representatives_. + + + +[From official records in the War Department.] + +GENERAL ORDERS, No. 22. + +WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, + +_Washington, July 11, 1850_. + +The joint committees of the Congress of the United States having +designated the General in Chief, Major-General Scott, to take charge of +the military arrangements for the funeral ceremonies of the late +President of the United States, the Secretary of War directs that the +Commanding General of the Army give the necessary orders and +instructions accordingly. The military arrangements will conform to the +directions found in the reports of the special committees of the Senate +and House of Representatives. + +By order of the Secretary of War: + +R. JONES, + +_Adjutant-General._ + + + +GENERAL ORDERS. + +HEADQUARTERS OF THE ARMY, + +ADJUTANT-GENERAL'S OFFICE, + +_Washington, July 12, 1850_. + +The Major-General Commanding the Army of the United States, having been +charged by the joint committees of Congress with the military +preparations for the funeral honors to be paid to the illustrious +statesman, soldier, and citizen, Zachary Taylor, late President of the +United States, directs the following order of arrangement: + +ORDER OF THE MILITARY PROCESSION. + +FUNERAL ESCORT. + +(In column of march.) + +_Infantry_.--Maryland volunteers; volunteer troops from other States; +battalion of volunteers from the District of Columbia. + +_Firing party_ (to be commanded by an officer of the Army).--Two +companies of volunteers from Washington; two companies of volunteers +from Baltimore; battalion of United States marines; battalion of United +States artillery, as infantry; troop of United States light artillery. + +Dismounted officers of volunteers, Marine Corps, Navy, and Army, in the +order named. + +Mounted officers of volunteers, Marine Corps, Navy, and Army, in the +order named. + +Major-General Walter Jones, commanding the militia; aids-de-camp. + +Major-General Winfield Scott, commanding the Army; aids-de-camp. + +The troops will be formed in line in the Avenue, north of the +President's mansion, precisely at 11 o'clock a.m., Saturday, the 13th +instant, with the right (Brevet Major Sedgwick's troop of light +artillery) resting opposite the War Department. + +The procession will move at 1 o'clock p.m., when minute guns will be +fired by detachments of artillery stationed near St. John's church, the +City Hall, and the Capitol, respectively. + +On arriving on the north front of the Congressional Burial Ground the +escort will be formed in two lines, the first consisting of the firing +party, facing the cemetery and 30 paces from it; the second composed of +the rest of the infantry, 20 paces in rear; the battery of artillery to +take position on the rising ground 100 paces in rear of the second line. + +At sunrise to-morrow (the 13th instant) a Federal salute will be fired +from the military stations in the vicinity of Washington, minute guns +between the hours of 1 and 3, and a national salute at the setting of +the sun. + +The usual badge of mourning will be worn on the left arm and on the hilt +of the sword. + +The Adjutant-General of the Army is charged with the details of the +military arrangements of the day, aided by the Assistant +Adjutants-General on duty at Washington, by Brevet Lieutenant-Colonel +Swords, of the staff, and Lieutenant W.T. Sherman, Third Artillery. + +The United States marshal of the District of Columbia having been +charged with the direction of the civic procession, the military will +cooperate in the general order of arrangements. + +By command of Major-General Scott: + +R. JONES, + +_Adjutant-General_. + + + +[From the Daily National Intelligencer, July 12, 1850.] + +GENERAL ORDER. + +The major-general, zealous to execute the honorable commission in which +the joint committees of Congress have associated him with the General in +Chief of the Army, deems it proper and conducive to the end in view to +make the best preparation in his power for carrying into effect the +field arrangements of the military movements in the procession of the +funeral of the late President, arrangements which must necessarily await +the arrival of the General in Chief. For that purpose he thinks it +expedient to appoint a general rendezvous where all the corps and +companies of militia, including all who may march from any of the +States with those of this District, may assemble at an early hour in the +morning of Saturday, the 13th instant, and there receive final orders +for being formed and posted. They are therefore requested to take notice +that such rendezvous is in front of the City Hall. The corps and +companies from the States are requested to repair to this general +rendezvous immediately on arrival; those of the District not later than +9 o'clock a.m. The commandants of corps and companies are expected to +report, immediately on arriving at the rendezvous, to the major-general +or such staff officer as may be detailed for the purpose, the strength +of their respective commands. + +All officers not on duty in their respective corps or companies are +requested to appear in full uniform and mounted. The post intended for +them is in the personal suite of the General in Chief. The major-general +knows of no more honorable or more interesting post that he could assign +them in time of peace than that of following the lead of the renowned +Scott in the procession of the funeral of the renowned Taylor. + +WALTER JONES, +_Major-General Militia District of Columbia_. + + + +RESOLUTION OF CONDOLENCE BY CONGRESS. + +[From original in the State Department.] + +A RESOLUTION expressing the condolence of Congress for Mrs. Margaret S. +Taylor. + +_Resolved by the Senate and House of Representatives of the United +States of America in Congress assembled,_ That the President of the +United States be requested to transmit a copy of the proceedings of the +two Houses on the 10th instant in relation to the death of the late +President of the United States to Mrs. Margaret S. Taylor, and to assure +her of the profound respect of the two Houses of Congress for her person +and character and of their sincere condolence on the late afflicting +dispensation of Providence. + + + + + + + + +Millard Fillmore + +July 10, 1850, to March 4, 1853 + + + + +Millard Fillmore + +Millard Fillmore was born February 7, 1800, in the township of Locke +(now Summerhill), Cayuga County, N.Y. He was the second son of +Nathaniel Fillmore and Phoebe Millard. His ancestors served with +distinction in the French and Revolutionary wars. He attended the +primitive schools in the neighborhood three months in the year, +devoting the other nine to working on his father's farm. His father, +having formed a distaste for farming, was desirous that his sons +should follow other occupations. Accordingly, Millard, after serving +an apprenticeship for a few months, began in 1815 the business of +carding and dressing cloth. Was afterwards a school-teacher. In 1819 +decided to become a lawyer, and in 1823, although he had not completed +the usual course required, was admitted as an attorney by the court of +common pleas of Erie County. February 5, 1826, was married to Miss +Abigail Powers, daughter of a clergyman. In 1827 was admitted as an +attorney and two years later as counselor before the supreme court. In +1830 removed to Buffalo and became a successful lawyer. His political +career began and ended with the birth and extinction of the Whig +party. Was elected to the legislature of his State in 1828, and served +three terms; while there he was distinguished by his advocacy of the +act to abolish imprisonment for debt, which passed in 1831. In 1832 +was elected to Congress, and after serving one term retired till 1836, +when he was reelected, and again returned in 1838 and 1840, declining +a renomination in 1842. Was the author of the tariff of 1842. He +retired from Congress in 1843. Was an unsuccessful candidate for +Vice-President before the Whig convention at Baltimore in 1844. Was +nominated by acclamation for governor of New York in the following +September, but was defeated by Silas Wright. In 1847 was elected +comptroller of the State. In 1848 was nominated by the Whigs for +Vice-President on the ticket with General Taylor and was elected in +the following November. He presided as Vice-President with strict +impartiality during exciting debates in the Senate. By the death of +President Taylor became President July 10, 1850. Was a candidate for +President at the Whig convention in 1852, but General Scott received +the nomination. Three weeks after the close of his Administration his +wife died. Afterwards married Caroline C. McIntosh, who survived him. +In 1856, while in Rome, he was nominated for the Presidency by the +American (Whig) party, but was defeated by Mr. Buchanan. After his +retirement from office he resided in Buffalo the remainder of his +life. He established the Buffalo Historical Society. Was called upon +to welcome distinguished visitors to his city, and frequently presided +over conventions and other public meetings, but held no office after +retiring from the Presidency. He again visited Europe in 1866. Died at +Buffalo, N.Y., March 8, 1874, and was buried in that city in Forest +Lawn Cemetery. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _July 10, 1850_. + +_Fellow-Citizens of the Senate and House of Representatives_: + +A great man has fallen among us, and a whole country is called to an +occasion of unexpected, deep, and general mourning. + +I recommend to the two Houses of Congress to adopt such measures as in +their discretion may seem proper to perform with due solemnities the +funeral obsequies of Zachary Taylor, late President of the United +States, and thereby to signify the great and affectionate regard of +the American people for the memory of one whose life has been devoted +to the public service, whose career in arms has not been surpassed in +usefulness or brilliancy, who has been so recently raised by the +unsolicited voice of the people to the highest civil authority in the +Government, which he administered with so much honor and advantage to +his country, and by whose sudden death so many hopes of future +usefulness have been blighted forever. + +To you, Senators and Representatives of a nation in tears, I can say +nothing which can alleviate the sorrow with which you are oppressed. I +appeal to you to aid me, under the trying circumstances which surround +me, in the discharge of the duties from which, however much I may be +oppressed by them, I dare not shrink; and I rely upon Him who holds in +His hands the destinies of nations to endow me with the requisite +strength for the task and to avert from our country the evils +apprehended from the heavy calamity which has befallen us. + +I shall most readily concur in whatever measures the wisdom of the two +Houses may suggest as befitting this deeply melancholy occasion. + +MILLARD FILLMORE. + + + +WASHINGTON, _July 15, 1850_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a treaty between the United States and the Republic of +Peru, signed in this city on the 13th instant by the plenipotentiaries +of the parties. A report from the Secretary of State relative to the +treaty, and the documents therein referred to, are also herewith +transmitted. + +MILLARD FILLMORE. + + +WASHINGTON, _July 17, 1850_. + +_To the Senate of the United States_: + +In further answer to a resolution of the Senate of the 27th ultimo, in +reference to a proclamation issued by the military officer commanding +in New Mexico and other matters, I herewith transmit a report from +the Secretary of War, communicating information not received at the +Department until after the date of his report of the 1st instant on +this subject. + +MILLARD FILLMORE. + + +WASHINGTON, _July 17, 1850_. + +_To the Senate of the United States_: + +In answer to a resolution of the Senate of the 1st instant, requesting +the President to furnish the Senate with "the report and map of +Lieutenant J.D. Webster, Corps of Topographical Engineers, of a survey +of the Gulf coast at the mouth of the Rio Grande and its vicinity," +and in compliance therewith, I transmit herewith a report from the +Secretary of War, accompanied by the report and map above referred to. + +MILLARD FILLMORE. + + +WASHINGTON, _July 18, 1850_. + +_To the House of Representatives of the United States_: + +I herewith transmit to the House of Representatives, in compliance with +the request contained in their resolution of the 24th day of January +last, the information asked for by that resolution, relating to certain +proceedings of the British Government in the forcible seizure and +occupation of the island of Tigre; also all the "facts, circumstances, +and communications within the knowledge of the Executive relative to any +seizure or occupation, or attempted seizure or occupation, by the +British Government of any port, river, town, territory, or island +belonging to or claimed by any of the States of Central America." + +The resolution of the House speaks of the island of Tigre, in the +State of Nicaragua. I am not aware of the existence of any such island +in that State, and presume that the resolution refers to the island of +the same name in the Gulf of Fonseca, in the State of Honduras. + +The concluding part of the resolution, requesting the President to +communicate to the House all treaties not heretofore published which +may have been negotiated with any of the States of Central America "by +any person acting by authority of the late Administration or under the +auspices of the present Administration," so far as it has reference to +treaties negotiated with any of those States by instructions from this +Government, can not be complied with, inasmuch as those treaties have +not been acted upon by the Senate of the United States, and are now in +the possession of that body, to whom by the Constitution they are +directed to be transmitted for advice in regard to their ratification. + +But as its communication is not liable to the same objection, I +transmit for the information of the House a copy of a treaty in regard +to a ship canal across the Isthmus, negotiated by Elijah Hise, our +late charge d'affaires in Guatemala, with the Government of Nicaragua +on the 21st day of June, 1849, accompanied by copies of his +instructions from and correspondence with the Department of State. + +I shall cheerfully comply with the request of the House of +Representatives to lay before them the treaties negotiated with the +States of Central America, now before the Senate, whenever it shall be +compatible with the public interest to make the communication. For the +present I communicate herewith a copy of the treaty with Great Britain +and of the correspondence between the American Secretary of State +and the British plenipotentiary at the time it was concluded. The +ratifications of it were exchanged at Washington on the 4th day of +July instant. + +I also transmit the report of the Secretary of State, to whom the +resolution of the House was referred, and who conducted the +negotiations relative to Central America, under the direction of +my lamented predecessor. + +MILLARD FILLMORE. + + +WASHINGTON, _July 20, 1850_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate, with a view to its ratification, a +convention between the United States and the Mexican Republic for the +extradition of fugitives from justice. This convention was negotiated +under the directions of my predecessor, and was signed this day by +John M. Clayton, Secretary of State, on the part of the United States, +and by Senor Don Luis de la Rosa, envoy extraordinary and minister +plenipotentiary of Mexico, on the part of that Republic. The length of +the boundary line between the two countries, extending, as it does, +from the Pacific to the Gulf, renders such a convention indispensable +to the maintenance of good order and the amicable relations now so +happily subsisting between the sister Republics. + +MILLARD FILLMORE. + + +WASHINGTON, _July 23, 1850_. + +_To the Senate of the United States_: + +I lay before the Senate, for their consideration and advice as to its +ratification, a treaty concluded in the city of Washington on the 1st +day of April, 1850, by and between Ardavan S. Loughery, commissioner +on the part of the United States, and delegates of the Wyandott tribe +of Indians. + +I also lay before the Senate a letter from the Secretary of the Interior +and the papers therein referred to. + +MILLARD FILLMORE. + + +WASHINGTON, _July 30, 1850_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate, in answer to its resolution of the +5th instant, requesting the President to communicate to that body "any +information, if any has been received by the Government, showing that +an American vessel has been recently stopped upon the high seas and +searched by a British ship of war," the accompanying copies of papers. +The Government has no knowledge of any alleged stopping or searching +on the high seas of American vessels by British ships of war except in +the cases therein mentioned. The circumstances of these cases will +appear by the inclosed correspondence, taken from the files of the +Navy Department. No remonstrance or complaint by the owners of these +vessels has been presented to the Government of the United States. + +MILLARD FILLMORE + + +WASHINGTON, _August 2, 1850_. + +_To the Senate of the United States_: + +I have the honor to transmit herewith a report of the Secretary of +War, in answer to a resolution of the Senate passed on the 8th of July +last, calling for information in relation to the removal of Fort Polk, +etc. The documents accompanying the report contain all the information +required by the resolution. + +MILLARD FILLMORE. + + +WASHINGTON, _August 6, 1850_. + +_To the Senate and House of Representatives_: + +I herewith transmit to the two Houses of Congress a letter from his +excellency the governor of Texas, dated on the 14th day of June last, +addressed to the late President of the United States, which, not +having been answered by him, came to my hands on his death; and I also +transmit a copy of the answer which I have felt it to be my duty to +cause to be made to that communication. + +Congress will perceive that the governor of Texas officially states +that by authority of the legislature of that State he dispatched a +special commissioner with full power and instructions to extend the +civil jurisdiction of the State over the unorganized counties of El +Paso, Worth, Presidio, and Santa Fe, situated on its northwestern +limits. + +He proceeds to say that the commissioner had reported to him in an +official form that the military officers employed in the service of +the United States stationed at Santa Fe interposed adversely with +the inhabitants to the fulfillment of his object in favor of the +establishment of a separate State government east of the Rio Grande, +and within the rightful limits of the State of Texas. These four +counties, which Texas thus proposes to establish and organize as being +within her own jurisdiction, extend over the whole of the territory +east of the Rio Grande, which has heretofore been regarded as an +essential and integral part of the department of New Mexico, and +actually governed and possessed by her people until conquered and +severed from the Republic of Mexico by the American arms. + +The legislature of Texas has been called together by her governor +for the purpose, as is understood, of maintaining her claim to the +territory east of the Rio Grande and of establishing over it her own +jurisdiction and her own laws by force. + +These proceedings of Texas, may well arrest the attention of all +branches of the Government of the United States, and I rejoice that +they occur while the Congress is yet in session. It is, I fear, far +from being impossible that, in consequence of these proceedings of +Texas, a crisis may be brought on which shall summon the two Houses of +Congress, and still more emphatically the executive government, to an +immediate readiness for the performance of their respective duties. + +By the Constitution of the United States the President is constituted +Commander in Chief of the Army and Navy, and of the militia of the +several States when called into the actual service of the United +States. The Constitution declares also that he shall take care that +the laws be faithfully executed and that he shall from time to time +give to the Congress information of the state of the Union. + +Congress has power by the Constitution to provide for calling forth +the militia to execute the laws of the Union, and suitable and +appropriate acts of Congress have been passed as well for providing +for calling forth the militia as for placing other suitable and +efficient means in the hands of the President to enable him to +discharge the constitutional functions of his office. + +The second section of the act of the 28th of February, 1795, declares +that whenever the laws of the United States shall be opposed or their +execution obstructed in any State by combinations too powerful to be +suppressed by the ordinary course of judicial proceedings or the power +vested in the marshals, the President may call forth the militia, as +far as may be necessary, to suppress such combinations and to cause +the laws to be duly executed. + +By the act of March 3, 1807, it is provided that in all cases of +obstruction to the laws either of the United States or any individual +State or Territory, where it is lawful for the President to call forth +the militia for the purpose of causing the laws to be duly executed, +it shall be lawful for him to employ for the same purposes such part +of the land or naval force of the United States as shall be judged +necessary. + +These several enactments are now in full force, so that if the laws of +the United States are opposed or obstructed in any State or Territory +by combinations too powerful to be suppressed by the judicial or civil +authorities it becomes a case in which it is the duty of the President +either to call out the militia or to employ the military and naval +force of the United States, or to do both if in his judgment the +exigency of the occasion shall so require, for the purpose of +suppressing such combinations. The constitutional duty of the +President is plain and peremptory and the authority vested in him by +law for its performance clear and ample. + +Texas is a State, authorized to maintain her own laws so far as they +are not repugnant to the Constitution, laws, and treaties of the +United States; to suppress insurrections against her authority, and to +punish those who may commit treason against the State according to the +forms provided by her own constitution and her own laws. + +But all this power is local and confined entirely within the limits +of Texas herself. She can possibly confer no authority which can be +lawfully exercised beyond her own boundaries. + +All this is plain, and hardly needs argument or elucidation. If Texas +militia, therefore, march into any one of the other States or into any +Territory of the United States, there to execute or enforce any law of +Texas, they become at that moment trespassers; they are no longer +under the protection of any lawful authority, and are to be regarded +merely as intruders; and if within such State or Territory they +obstruct any law of the United States, either by power of arms or mere +power of numbers, constituting such a combination as is too powerful +to be suppressed by the civil authority, the President of the United +States has no option left to him, but is bound to obey the solemn +injunction of the Constitution and exercise the high powers vested in +him by that instrument and by the acts of Congress. + +Or if any civil posse, armed or unarmed, enter into any Territory of +the United States, under the protection of the laws thereof, with +intent to seize individuals, to be carried elsewhere for trial for +alleged offenses, and this posse be too powerful to be resisted by the +local civil authorities, such seizure or attempt to seize is to be +prevented or resisted by the authority of the United States. + +The grave and important question now arises whether there be in +the Territory of New Mexico any existing law of the United States +opposition to which or the obstruction of which would constitute a +case calling for the interposition of the authority vested in the +President. + +The Constitution of the United States declares that-- + + This Constitution, and the laws of the United States which shall be + made in pursuance thereof, and all treaties made, or which shall be + made, under the authority of the United States, shall be the supreme + law of the land. + + +If, therefore, New Mexico be a Territory of the United States, and if +any treaty stipulation be in force therein, such treaty stipulation +is the supreme law of the land, and is to be maintained and upheld +accordingly. + +In the letter to the governor of Texas my reasons are given for +believing that New Mexico is now a Territory of the United States, +with the same extent and the same boundaries which belonged to it +while in the actual possession of the Republic of Mexico, and before +the late war. In the early part of that war both California and New +Mexico were conquered by the arms of the United States, and were +in the military possession of the United States at the date of the +treaty of peace. + +By that treaty the title by conquest was confirmed and these +territories, provinces, or departments separated from Mexico forever, +and by the same treaty certain important rights and securities were +solemnly guaranteed to the inhabitants residing therein. + +By the fifth article of the treaty it is declared that-- + + The boundary line between the two Republics shall commence in the Gulf + of Mexico 3 leagues from land, opposite the mouth of the Rio Grande, + otherwise called Rio Bravo del Norte, or opposite the mouth of its + deepest branch if it should have more than one branch emptying + directly into the sea; from thence up the middle of that river, + following the deepest channel where it has more than one, to the point + where it strikes the southern boundary of New Mexico; thence + westwardly, along the whole southern boundary of New Mexico (which + runs north of the town called Paso) to its western termination; thence + northward along the western line of New Mexico until it intersects the + first branch of the river Gila (or, if it should not intersect any + branch of that river, then to the point on the said line nearest to + such branch, and thence in a direct line to the same); thence down the + middle of the said branch and of the said river until it empties into + the Rio Colorado; thence across the Rio Colorado, following the + division line between Upper and Lower California, to the Pacific + Ocean. + + +The eighth article of the treaty is in the following terms: + + Mexicans now established in territories previously belonging to + Mexico, and which remain for the future within the limits of the + United States as defined by the present treaty, shall be free to + continue where they now reside or to remove at any time to the Mexican + Republic, retaining the property which they possess in the said + territories, or disposing thereof and removing the proceeds wherever + they please without their being subjected on this account to any + contribution, tax, or charge whatever. + + Those who shall prefer to remain in the said territories may either + retain the title, and rights of Mexican citizens or acquire those of + citizens of the United States; but they shall be under the obligation + to make their election within one year from the date of the exchange + of ratifications of this treaty; and those who shall remain in the + said territories after the expiration of that year without having + declared their intention to retain the character of Mexicans shall be + considered to have elected to become citizens of the United States. + + In the said territories property of every kind now belonging to + Mexicans not established there shall be inviolably respected. The + present owners, the heirs of these, and all Mexicans who may hereafter + acquire said property by contract shall enjoy with respect to it + guaranties equally ample as if the same belonged to citizens of the + United States. + + +The ninth article of the treaty is in these words: + + The Mexicans who, in the territories aforesaid, shall not preserve the + character of citizens of the Mexican Republic, conformably with what + is stipulated in the preceding article, shall be incorporated into the + Union of the United States and be admitted at the proper time (to be + judged of by the Congress of the United States) to the enjoyment of + all the rights of citizens of the United States according to the + principles of the Constitution, and in the meantime shall be + maintained and protected in the free enjoyment of their liberty and + property and secured in the free exercise of their religion without + restriction. + + +It is plain, therefore, on the face of these treaty stipulations that +all Mexicans established in territories north or east of the line of +demarcation already mentioned come within the protection of the ninth +article, and that the treaty, being a part of the supreme law of the +land, does extend over all such Mexicans, and assures to them perfect +security in the free enjoyment of their liberty and property, as well +as in the free exercise of their religion; and this supreme law of +the land, being thus in actual force over this territory, is to be +maintained until it shall be displaced or superseded by other legal +provisions; and if it be obstructed or resisted by combinations too +powerful to be suppressed by the civil authority the case is one which +comes within the provisions of law and which obliges the President to +enforce those provisions. Neither the Constitution nor the laws nor my +duty nor my oath of office leave me any alternative or any choice in +my mode of action. + +The executive government of the United States has no power or +authority to determine what was the true line of boundary between +Mexico and the United States before the treaty of Guadalupe Hidalgo, +nor has it any such power now, since the question has become a +question between the State of Texas and the United States. So far as +this boundary is doubtful, that doubt can only be removed by some +act of Congress, to which the assent of the State of Texas may be +necessary, or by some appropriate mode of legal adjudication; but +in the meantime, if disturbances or collisions arise or should be +threatened, it is absolutely incumbent on the executive government, +however painful the duty, to take care that the laws be faithfully +maintained; and he can regard only the actual state of things as +it existed at the date of the treaty, and is bound to protect all +inhabitants who were then established and who now remain north and +east of the line of demarcation in the full enjoyment of their liberty +and property, according to the provisions of the ninth article of the +treaty. In other words, all must be now regarded as New Mexico which +was possessed and occupied as New Mexico by citizens of Mexico at the +date of the treaty until a definite line of boundary shall be +established by competent authority. + +This assertion of duty to protect the people of New Mexico from +threatened violence, or from seizure to be carried into Texas for +trial for alleged offenses against Texan laws, does not at all include +any claim of power on the part of the Executive to establish any civil +or military government within that Territory. _That power_ belongs +exclusively to the legislative department, and Congress is the sole +judge of the time and manner of creating or authorizing any such +government. + +The duty of the Executive extends only to the execution of laws and +the maintenance of treaties already in force and the protection of all +the people of the United States in the enjoyment of the rights which +those treaties and laws guarantee. + +It is exceedingly desirable that no occasion should arise for +the exercise of the powers thus vested in the President by the +Constitution and the laws. With whatever mildness those powers might +be executed, or however clear the case of necessity, yet consequences +might, nevertheless, follow of which no human sagacity can foresee +either the evils or the end. + +Having thus laid before Congress the communication of his excellency +the governor of Texas and the answer thereto, and having made such +observations as I have thought the occasion called for respecting +constitutional obligations which may arise in the further progress of +things and may devolve on me to be performed, I hope I shall not be +regarded as stepping aside from the line of my duty, notwithstanding +that I am aware that the subject is now before both Houses, if I +express my deep and earnest conviction of the importance of an immediate +decision or arrangement or settlement of the question of boundary +between Texas and the Territory of New Mexico. All considerations of +justice, general expediency, and domestic tranquillity call for this. +It seems to be in its character and by position the first, or one of +the first, of the questions growing out of the acquisition of California +and New Mexico, and now requiring decision. + +No government can be established for New Mexico, either State or +Territorial, until it shall be first ascertained what New Mexico +is, and what are her limits and boundaries. These can not be fixed +or known till the line of division between her and Texas shall be +ascertained and established; and numerous and weighty reasons +conspire, in my judgment, to show that this divisional line should be +established by Congress with the assent of the government of Texas. In +the first place, this seems by far the most prompt mode of proceeding +by which the end can be accomplished. If judicial proceedings were +resorted to, such proceedings would necessarily be slow, and years +would pass by, in all probability, before the controversy could be +ended. So great a delay in this case is to be avoided if possible. +Such delay would be every way inconvenient, and might be the occasion +of disturbances and collisions. For the same reason I would, with the +utmost deference to the wisdom of Congress, express a doubt of the +expediency of the appointment of commissioners, and of an examination, +estimate, and an award of indemnity to be made by them. This would be +but a species of arbitration, which might last as long as a suit at +law. + +So far as I am able to comprehend the case, the general facts are +now all known, and Congress is as capable of deciding on it justly +and properly now as it probably would be after the report of the +commissioners. If the claim of title on the part of Texas appears +to Congress to be well founded in whole or in part, it is in the +competency of Congress to offer her an indemnity for the surrender of +that claim. In a case like this, surrounded, as it is, by many cogent +considerations, all calling for amicable adjustment and immediate +settlement, the Government of the United States would be justified, +in my opinion, in allowing an indemnity to Texas, not unreasonable +or extravagant, but fair, liberal, and awarded in a just spirit of +accommodation. + +I think no event would be hailed with more gratification by the people +of the United States than the amicable adjustment of questions of +difficulty which have now for a long time agitated the country and +occupied, to the exclusion of other subjects, the time and attention +of Congress. + +Having thus freely communicated the results of my own reflections on +the most advisable mode of adjusting the boundary question, I shall +nevertheless cheerfully acquiesce in any other mode which the wisdom +of Congress may devise. And in conclusion I repeat my conviction that +every consideration of the public interest manifests the necessity of +a provision by Congress for the settlement of this boundary question +before the present session be brought to a close. The settlement of +other questions connected with the same subject within the same period +is greatly to be desired, but the adjustment of this appears to me to +be in the highest degree important. In the train of such an adjustment +we may well hope that there will follow a return of harmony and good +will, an increased attachment to the Union, and the general +satisfaction of the country. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 8, 1850_. + +_To the Senate and House of Representatives_: + +It has been suggested that the language in the first paragraph of my +message to the two Houses of Congress of the 6th instant may convey +the idea that Governor Bell's letter to my predecessor was received by +him before his death. It was addressed to him, but appears, in point +of fact, to have been sent to me from the post-office after his death. + +I make this communication to accompany the message and prevent +misapprehension. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 10, 1850_. + +_To the Senate of the United States_: + +I transmit herewith a communication from the Department of the +Interior and the papers which accompanied it, being the first part of +the results of investigations by Henry R. Schoolcraft, esq., under the +provisions of an act of Congress approved March 3, 1847, requiring the +Secretary of War "to collect and digest such statistics and materials +as may illustrate the history, the present condition, and future +prospects of the Indian tribes of the United States," + +MILLARD FILLMORE. + + + +WASHINGTON, _August 24, 1850_. + +_To the Senate of the United States_: + + +I have the honor to transmit herewith a report submitted by the +Secretary of the Treasury, to whom was referred the resolution of the +Senate of the 3ist July last, requesting to be furnished with certain +information in relation to the commerce, etc., of the district of +Brazos Santiago, in Texas. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 26, 1850_. + +_To the Senate of the United States_: + +I have the honor to inclose herewith a letter just received from the +Secretary of War, transmitting a communication from the Colonel of +the Corps of Topographical Engineers, with accompanying papers, which +he requests may be taken as a supplement to the "report and map of +Lieutenant J.D. Webster, Corps of Topographical Engineers, of a survey +of the Gulf coast at the mouth of the Rio Grande and its vicinity," +called for by a resolution of the Senate of the 1st of July last. + +MILLARD FILLMORE. + + + +WASHINGTON, _September 2, 1850_. + +_To the Senate of the United States_: + +I have the honor herewith to transmit to your honorable body a +report from the Secretary of the Navy, accompanied by copies of the +correspondence relating to the resignation of Edward C. Anderson, a +lieutenant in the Navy, in answer to a resolution of the Senate of +August 28, 1850, adopted in executive session. + +MILLARD FILLMORE. + + + +WASHINGTON, _September 9, 1850_. + +_To the Senate of the United States_: + +In answer to a resolution of the Senate of the 5th instant, I have the +honor herewith to transmit to the Senate a letter from the Secretary +of State, accompanied by a copy of the report of the commissioner to +China made in pursuance of the provisions of the act to carry into +effect certain provisions of the treaties between the United States +and China and the Ottoman Porte, giving certain judicial powers, etc. + +MILLARD FILLMORE. + + + +WASHINGTON, _September 9, 1850_. + +_To the Senate of the United States_: + +In compliance with the request of the Hon. Manuel Alvarez, acting +governor, etc., I have the honor to transmit to the Senate herewith a +copy of the constitution recently adopted by the inhabitants of New +Mexico, together with a digest of the votes for and against it. + +Congress having just passed a bill providing a Territorial government +for New Mexico, I do not deem it advisable to submit any recommendation +on the subject of a State government. + +MILLARD FILLMORE. + + + +WASHINGTON, _September 12, 1850_. + +The SPEAKER OF THE HOUSE OF REPRESENTATIVES. + +SIR: In answer to a resolution of the House of Representatives adopted +September 2, 1850, calling upon me to communicate the full and exact +cost of each of the lines of mail steamers now in service, etc., I +have the honor to transmit herewith reports from the Secretary of +the Navy and Postmaster-General, containing the desired information. + +MILLARD FILLMORE. + + + +WASHINGTON, _September 16, 1850_. + +_To the Senate of the United States_: + +In answer to a resolution of the Senate of the 9th instant, adopted in +executive session, asking information in reference to the nomination +of John Howard Payne as consul to Tunis, I have the honor to transmit +a report from the Secretary of State, giving the desired information. + +MILLARD FILLMORE. + + + +WASHINGTON, _September 23, 1850_. + +_To the Senate and House of Representatives_: + +Having been informed that it is the wish of the family and relatives +of the late lamented President of the United States that his remains +should be removed to the State of Kentucky, and being desirous of +manifesting the most sincere and profound respect for the character of +the deceased, in which I doubt not Congress will fully concur, I have +felt it to be my duty to make known to you the wishes of the family, +that you might previous to your adjournment adopt such proceedings and +take such order on the subject as in your wisdom may seem meet and +proper on the occasion. + +MILLARD FILLMORE. + +[The remains of the late President of the United States were removed +from Washington to Louisville, Ky., October 25, 1850.] + + + +WASHINGTON, _September 27, 1850_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate, in answer to their resolution of +the 23d instant, a report from the Secretary of State, with the +papers[1] therein referred to. + +MILLARD FILLMORE. + +[Footnote 1: Communications from the United States minister to Turkey +relative to the Hungarian exiles.] + + + +WASHINGTON, _September 28, 1850_. + +_To the Senate of the United States_: + +In answer to your resolution of the 24th instant, expressing an +opinion adverse to the alleged resignation of Lieutenant Anderson, +of the Navy, I have the honor herewith to transmit a report from the +Secretary of the Navy, accompanied by the correspondence in reference +to such resignation. + +Regarding the opinion of the Senate in this matter with the most +profound respect, I have given to the subject the most anxious +consideration, and submitted the question to the deliberation of my +Cabinet, and after a careful examination of the whole correspondence +they are unanimously of opinion that Lieutenant Anderson tendered +his resignation, which was duly accepted, and that he was therefore +rightfully dropped from the Register. I concur fully in this opinion. +With these convictions I feel compelled to adhere to the decision +of my lamented predecessor, and can only regret that I have the +misfortune in this instance to differ from those for whom, +individually and collectively, I entertain the highest respect. + +MILLARD FILLMORE. + + + + +PROCLAMATION. + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +Whereas by an act of the Congress of the United States of the 24th +of May, 1828, entitled "An act in addition to an act entitled 'An +act concerning discriminating duties of tonnage and impost' and to +equalize the duties on Prussian vessels and their cargoes," it is +provided that upon satisfactory evidence being given to the President +of the United States by the government of any foreign nation that no +discriminating duties of tonnage or impost are imposed or levied +in the ports of the said nation upon vessels wholly belonging to +citizens of the United States, or upon the produce, manufactures, or +merchandise imported in the same from the United States or from any +foreign country, the President is thereby authorized to issue his +proclamation declaring that the foreign discriminating duties of +tonnage and impost within the United States are and shall be suspended +and discontinued so far as respects the vessels of the said foreign +nation and the produce, manufactures, or merchandise imported into the +United States in the same from the said foreign nation or from any +other foreign country, the said suspension to take effect from the +time of such notification being given to the President of the United +States and to continue so long as the reciprocal exemption of vessels +belonging to citizens of the United States and their cargoes, as +aforesaid, shall be continued, and no longer; and + +Whereas satisfactory evidence has lately been received by me from the +Government of the Republic of Chile, through an official communication +of Senor Don Manuel Carvallo, accredited to this Government as envoy +extraordinary and minister plenipotentiary of that Republic, under +date of the 31st of October, 1850, that no other or higher duties of +tonnage and impost are imposed or levied in the ports of Chile upon +vessels wholly belonging to citizens of the United States and upon the +produce, manufactures, or merchandise imported in the same from the +United States and from any foreign country whatever than are levied on +Chilean ships and their cargoes in the same ports and under like +circumstances: + +Now, therefore, I, Millard Fillmore, President of the United States of +America, do hereby declare and proclaim that so much of the several +acts imposing discriminating duties of tonnage and impost within the +United States are and shall be suspended and discontinued so far as +respects the vessels of Chile and the produce, manufactures, and +merchandise imported into the United States in the same from Chile and +from any other foreign country whatever, the said suspension to take +effect from the day above mentioned and to continue thenceforward so +long as the reciprocal exemption of the vessels of the United States +and the produce, manufactures, and merchandise imported into Chile in +the same, as aforesaid, shall be continued on the part of the +Government of Chile. + +Given under my hand, at the city of Washington, this 1st day of +November, A.D. 1850, and the seventy-fifth of the Independence of the +United States. + +MILLARD FILLMORE. + +By the President: + W.S. DERRICK, + _Acting Secretary of State_. + + + + +FIRST ANNUAL MESSAGE. + + +WASHINGTON, _December 2, 1850_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + + +Being suddenly called in the midst of the last session of Congress by +a painful dispensation of Divine Providence to the responsible station +which I now hold, I contented myself with such communications to the +legislature as the exigency of the moment seemed to require. The +country was shrouded in mourning for the loss of its venerable Chief +Magistrate and all hearts were penetrated with grief. Neither the time +nor the occasion appeared to require or to justify on my part any +general expression of political opinions or any announcement of the +principles which would govern me in the discharge of the duties to the +performance of which I had been so unexpectedly called. I trust, +therefore, that it may not be deemed inappropriate if I avail myself +of this opportunity of the reassembling of Congress to make known my +sentiments in a general manner in regard to the policy which ought to +be pursued by the Government both in its intercourse with foreign +nations and its management and administration of internal affairs. + +Nations, like individuals in a state of nature, are equal and +independent, possessing certain rights and owing certain duties to +each other, arising from their necessary and unavoidable relations; +which rights and duties there is no common human authority to protect +and enforce. Still, they are rights and duties, binding in morals, in +conscience, and in honor, although there is no tribunal to which an +injured party can appeal but the disinterested judgment of mankind, +and ultimately the arbitrament of the sword. + +Among the acknowledged rights of nations is that which each possesses +of establishing that form of government which it may deem most +conducive to the happiness and prosperity of its own citizens, of +changing that form as circumstances may require, and of managing its +internal affairs according to its own will. The people of the United +States claim this right for themselves, and they readily concede it to +others. Hence it becomes an imperative duty not to interfere in the +government or internal policy of other nations; and although we may +sympathize with the unfortunate or the oppressed everywhere in their +struggles for freedom, our principles forbid us from taking any part +in such foreign contests. We make no wars to promote or to prevent +successions to thrones, to maintain any theory of a balance of power, +or to suppress the actual government which any country chooses to +establish for itself. We instigate no revolutions, nor suffer any +hostile military expeditions to be fitted out in the United States +to invade the territory or provinces of a friendly nation. The great +law of morality ought to have a national as well as a personal and +individual application. We should act toward other nations as we wish +them to act toward us, and justice and conscience should form the rule +of conduct between governments, instead of mere power, self-interest, +or the desire of aggrandizement. To maintain a strict neutrality in +foreign wars, to cultivate friendly relations, to reciprocate every +noble and generous act, and to perform punctually and scrupulously +every treaty obligation--these are the duties which we owe to other +states, and by the performance of which we best entitle ourselves to +like treatment from them; or, if that, in any case, be refused, we can +enforce our own rights with justice and a clear conscience. + +In our domestic policy the Constitution will be my guide, and in +questions of doubt I shall look for its interpretation to the judicial +decisions of that tribunal which was established to expound it and to +the usage of the Government, sanctioned by the acquiescence of the +country. I regard all its provisions as equally binding. In all its +parts it is the will of the people expressed in the most solemn form, +and the constituted authorities are but agents to carry that will into +effect. Every power which it has granted is to be exercised for the +public good; but no pretense of utility, no honest conviction, even, +of what might be expedient, can justify the assumption of any power +not granted. The powers conferred upon the Government and their +distribution to the several departments are as clearly expressed in +that sacred instrument as the imperfection of human language will +allow, and I deem it my first duty not to question its wisdom, add to +its provisions, evade its requirements, or nullify its commands. + +Upon you, fellow-citizens, as the representatives of the States and +the people, is wisely devolved the legislative power. I shall comply +with my duty in laying before you from time to time any information +calculated to enable you to discharge your high and responsible trust +for the benefit of our common constituents. + +My opinions will be frankly expressed upon the leading subjects of +legislation; and if--which I do not anticipate--any act should pass +the two Houses of Congress which should appear to me unconstitutional, +or an encroachment on the just powers of other departments, or with +provisions hastily adopted and likely to produce consequences +injurious and unforeseen, I should not shrink from the duty of +returning it to you, with my reasons, for your further consideration. +Beyond the due performance of these constitutional obligations, both +my respect for the Legislature and my sense of propriety will restrain +me from any attempt to control or influence your proceedings. With you +is the power, the honor, and the responsibility of the legislation of +the country. + +The Government of the United States is a limited Government. It is +confined to the exercise of powers expressly granted and such others +as may be necessary for carrying those powers into effect; and it is +at all times an especial duty to guard against any infringement on the +just rights of the States. Over the objects and subjects intrusted to +Congress its legislative authority is supreme. But here that authority +ceases, and every citizen who truly loves the Constitution and desires +the continuance of its existence and its blessings will resolutely and +firmly resist any interference in those domestic affairs which the +Constitution has clearly and unequivocally left to the exclusive +authority of the States. And every such citizen will also deprecate +useless irritation among the several members of the Union and all +reproach and crimination tending to alienate one portion of the +country from another. The beauty of our system of government consists, +and its safety and durability must consist, in avoiding mutual +collisions and encroachments and in the regular separate action of +all, while each is revolving in its own distinct orbit. + +The Constitution has made it the duty of the President to take care +that the laws be faithfully executed. In a government like ours, in +which all laws are passed by a majority of the representatives of the +people, and these representatives are chosen for such short periods +that any injurious or obnoxious law can very soon be repealed, it +would appear unlikely that any great numbers should be found ready +to resist the execution of the laws. But it must be borne in mind +that the country is extensive; that there may be local interests or +prejudices rendering a law odious in one part which is not so in +another, and that the thoughtless and inconsiderate, misled by their +passions or their imaginations, may be induced madly to resist such +laws as they disapprove. Such persons should recollect that without +law there can be no real practical liberty; that when law is trampled +under foot tyranny rules, whether it appears in the form of a military +despotism or of popular violence. The law is the only sure protection +of the weak and the only efficient restraint upon the strong. When +impartially and faithfully administered, none is beneath its +protection and none above its control. You, gentlemen, and the country +may be assured that to the utmost of my ability and to the extent of +the power vested in me I shall at all times and in all places take +care that the laws be faithfully executed. In the discharge of this +duty, solemnly imposed upon me by the Constitution and by my oath of +office, I shall shrink from no responsibility, and shall endeavor to +meet events as they may arise with firmness, as well as with prudence +and discretion. + +The appointing power is one of the most delicate with which the +Executive is invested. I regard it as a sacred trust, to be exercised +with the sole view of advancing the prosperity and happiness of the +people. It shall be my effort to elevate the standard of official +employment by selecting for places of importance individuals fitted +for the posts to which they are assigned by their known integrity, +talents, and virtues. In so extensive a country, with so great a +population, and where few persons appointed to office can be known to +the appointing power, mistakes will sometimes unavoidably happen and +unfortunate appointments be made notwithstanding the greatest care. +In such cases the power of removal may be properly exercised; and +neglect of duty or malfeasance in office will be no more tolerated +in individuals appointed by myself than in those appointed by others. + +I am happy in being able to say that no unfavorable change in our +foreign relations has taken place since the message at the opening of +the last session of Congress. We are at peace with all nations and we +enjoy in an eminent degree the blessings of that peace in a prosperous +and growing commerce and in all the forms of amicable national +intercourse. The unexampled growth of the country, the present amount +of its population, and its ample means of self-protection assure for +it the respect of all nations, while it is trusted that its character +for justice and a regard to the rights of other States will cause that +respect to be readily and cheerfully paid. + +A convention was negotiated between the United States and Great +Britain in April last for facilitating and protecting the construction +of a ship canal between the Atlantic and Pacific oceans and for other +purposes. The instrument has since been ratified by the contracting +parties, the exchange of ratifications has been effected, and +proclamation thereof has been duly made. + +In addition to the stipulations contained in this convention, two +other objects remain to be accomplished between the contracting +powers: + +First. The designation and establishment of a free port at each end of +the canal. + +Second. An agreement fixing the distance from the shore within which +belligerent maritime operations shall not be carried on. + +On these points there is little doubt that the two Governments will +come to an understanding. + +The company of citizens of the United States who have acquired from +the State of Nicaragua the privilege of constructing a ship canal +between the two oceans through the territory of that State have made +progress in their preliminary arrangements. The treaty between the +United States and Great Britain of the 19th of April last, above +referred to, being now in operation, it is to be hoped that the +guaranties which it offers will be sufficient to secure the completion +of the work with all practicable expedition. It is obvious that this +result would be indefinitely postponed if any other than peaceful +measures for the purpose of harmonizing conflicting claims to +territory in that quarter should be adopted. It will consequently be +my endeavor to cause any further negotiations on the part of this +Government which may be requisite for this purpose to be so conducted +as to bring them to a speedy and successful close. + +Some unavoidable delay has occurred, arising from distance and the +difficulty of intercourse between this Government and that of +Nicaragua, but as intelligence has just been received of the +appointment of an envoy extraordinary and minister plenipotentiary of +that Government to reside at Washington, whose arrival may soon be +expected, it is hoped that no further impediments will be experienced +in the prompt transaction of business between the two Governments. + +Citizens of the United States have undertaken the connection of the +two oceans by means of a railroad across the Isthmus of Tehuantepec, +under grants of the Mexican Government to a citizen of that Republic. +It is understood that a thorough survey of the course of the +communication is in preparation, and there is every reason to expect +that it will be prosecuted with characteristic energy, especially when +that Government shall have consented to such stipulations with the +Government of the United States as may be necessary to impart a +feeling of security to those who may embark their property in the +enterprise. Negotiations are pending for the accomplishment of that +object, and a hope is confidently entertained that when the Government +of Mexico shall become duly sensible of the advantages which that +country can not fail to derive from the work, and learn that the +Government of the United States desires that the right of sovereignty +of Mexico in the Isthmus shall remain unimpaired, the stipulations +referred to will be agreed to with alacrity. + +By the last advices from Mexico it would appear, however, that that +Government entertains strong objections to some of the stipulations +which the parties concerned in the project of the railroad deem +necessary for their protection and security. Further consideration, it +is to be hoped, or some modification of terms, may yet reconcile the +differences existing between the two Governments in this respect. + +Fresh instructions have recently been given to the minister of the +United States in Mexico, who is prosecuting the subject with +promptitude and ability. + +Although the negotiations with Portugal for the payment of claims of +citizens of the United States against that Government have not yet +resulted in a formal treaty, yet a proposition, made by the Government +of Portugal for the final adjustment and payment of those claims, has +recently been accepted on the part of the United States. It gives me +pleasure to say that Mr. Clay, to whom the negotiation on the part of +the United States had been intrusted, discharged the duties of his +appointment with ability and discretion, acting always within the +instructions of his Government. + +It is expected that a regular convention will be immediately +negotiated for carrying the agreement between the two Governments into +effect. + +The commissioner appointed under the act of Congress for carrying into +effect the convention with Brazil of the 27th of January, 1849, has +entered upon the performance of the duties imposed upon him by that +act. It is hoped that those duties may be completed within the time +which it prescribes. The documents, however, which the Imperial +Government, by the third article of the convention, stipulates to +furnish to the Government of the United States have not yet been +received. As it is presumed that those documents will be essential for +the correct disposition of the claims, it may become necessary for +Congress to extend the period limited for the duration of the +commission. The sum stipulated by the fourth article of the convention +to be paid to this Government has been received. + +The collection in the ports of the United States of discriminating +duties upon the vessels of Chili and their cargoes has been suspended, +pursuant to the provisions of the act of Congress of the 24th of +May, 1828. It is to be hoped that this measure will impart a fresh +impulse to the commerce between the two countries, which of late, and +especially since our acquisition of California, has, to the mutual +advantage of the parties, been much augmented. + +Peruvian guano has become so desirable an article to the agricultural +interest of the United States that it is the duty of the Government to +employ all the means properly in its power for the purpose of causing +that article to be imported into the country at a reasonable price. +Nothing will be omitted on my part toward accomplishing this desirable +end. I am persuaded that in removing any restraints on this traffic +the Peruvian Government will promote its own best interests, while it +will afford a proof of a friendly disposition toward this country, +which will be duly appreciated. + +The treaty between the United States and His Majesty the King of the +Hawaiian Islands, which has recently been made public, will, it is +believed, have a beneficial effect upon the relations between the two +countries. + +The relations between those parts of the island of St. Domingo which +were formerly colonies of Spain and France, respectively, are still in +an unsettled condition. The proximity of that island to the United +States and the delicate questions involved in the existing controversy +there render it desirable that it should be permanently and speedily +adjusted. The interests of humanity and of general commerce also +demand this; and as intimations of the same sentiment have been +received from other governments, it is hoped that some plan may soon +be devised to effect the object in a manner likely to give general +satisfaction. The Government of the United States will not fail, by +the exercise of all proper friendly offices, to do all in its power +to put an end to the destructive war which has raged between the +different parts of the island and to secure to them both the benefits +of peace and commerce. + +I refer you to the report of the Secretary of the Treasury for a +detailed statement of the finances. + +The total receipts into the Treasury for the year ending 30th of June +last were $47,421,748.90. + +The total expenditures during the same period were $43,002,168.90. + +The public debt has been reduced since the last annual report from the +Treasury Department $495,276.79. + +By the nineteenth section of the act of 28th January, 1847, the +proceeds of the sales of the public lands were pledged for the +interest and principal of the public debt. The great amount of those +lands subsequently granted by Congress for military bounties will, it +is believed, very nearly supply the public demand for several years +to come, and but little reliance can, therefore, be placed on that +hitherto fruitful source of revenue. Aside from the permanent annual +expenditures, which have necessarily largely increased, a portion of +the public debt, amounting to $8,075,986.59, must be provided for +within the next two fiscal years. It is most desirable that these +accruing demands should be met without resorting to new loans. + +All experience has demonstrated the wisdom and policy of raising a +large portion of revenue for the support of Government from duties on +goods imported. The power to lay these duties is unquestionable, and +its chief object, of course, is to replenish the Treasury. But if in +doing this an incidental advantage may be gained by encouraging the +industry of our own citizens, it is our duty to avail ourselves of +that advantage. + +A duty laid upon an article which can not be produced in this country, +such as tea or coffee, adds to the cost of the article, and is chiefly +or wholly paid by the consumer. But a duty laid upon an article which +may be produced here stimulates the skill and industry of our own +country to produce the same article, which is brought into the market +in competition with the foreign article, and the importer is thus +compelled to reduce his price to that at which the domestic article +can be sold, thereby throwing a part of the duty upon the producer of +the foreign article. The continuance of this process creates the skill +and invites the capital which finally enable us to produce the article +much cheaper than it could have been procured from abroad, thereby +benefiting both the producer and the consumer at home. The consequence +of this is that the artisan and the agriculturist are brought +together, each affords a ready market for the produce of the other, +the whole country becomes prosperous, and the ability to produce every +necessary of life renders us independent in war as well as in peace. + +A high tariff can never be permanent. It will cause dissatisfaction, +and will be changed. It excludes competition, and thereby invites the +investment of capital in manufactures to such excess that when changed +it brings distress, bankruptcy, and ruin upon all who have been misled +by its faithless protection. What the manufacturer wants is uniformity +and permanency, that he may feel a confidence that he is not to be +ruined by sudden changes. But to make a tariff uniform and permanent +it is not only necessary that the laws should not be altered, but that +the duty should not fluctuate. To effect this all duties should be +specific wherever the nature of the article is such as to admit of it. +_Ad valorem_ duties fluctuate with the price and offer strong +temptations to fraud and perjury. Specific duties, on the contrary, +are equal and uniform in all ports and at all times, and offer a +strong inducement to the importer to bring the best article, as he +pays no more duty upon that than upon one of inferior quality. I +therefore strongly recommend a modification of the present tariff, +which has prostrated some of our most important and necessary +manufactures, and that specific duties be imposed sufficient to raise +the requisite revenue, making such discriminations in favor of the +industrial pursuits of our own country as to encourage home production +without excluding foreign competition. It is also important that an +unfortunate provision in the present tariff, which imposes a much +higher duty upon the raw material that enters into our manufactures +than upon the manufactured article, should be remedied. + +The papers accompanying the report of the Secretary of the Treasury +will disclose frauds attempted upon the revenue, in variety and amount +so great as to justify the conclusion that it is impossible under +any system of _ad valorem_ duties levied upon the foreign cost or +value of the article to secure an honest observance and an effectual +administration of the laws. The fraudulent devices to evade the law +which have been detected by the vigilance of the appraisers leave no +room to doubt that similar impositions not discovered, to a large +amount, have been successfully practiced since the enactment of the +law now in force. This state of things has already had a prejudicial +influence upon those engaged in foreign commerce. It has a tendency to +drive the honest trader from the business of importing and to throw +that important branch of employment into the hands of unscrupulous and +dishonest men, who are alike regardless of law and the obligations of +an oath. By these means the plain intentions of Congress, as expressed +in the law, are daily defeated. Every motive of policy and duty, +therefore, impels me to ask the earnest attention of Congress to this +subject. If Congress should deem it unwise to attempt any important +changes in the system of levying duties at this session, it will +become indispensable to the protection of the revenue that such +remedies as in the judgment of Congress may mitigate the evils +complained of should be at once applied. + +As before stated, specific duties would, in my opinion, afford the +most perfect remedy for this evil; but if you should not concur in +this view, then, as a partial remedy, I beg leave respectfully to +recommend that instead of taking the invoice of the article abroad +as a means of determining its value here, the correctness of which +invoice it is in many cases impossible to verify, the law be so +changed as to require a home valuation or appraisal, to be regulated +in such manner as to give, as far as practicable, uniformity in the +several ports. + +There being no mint in California, I am informed that the laborers +in the mines are compelled to dispose of their gold dust at a large +discount. This appears to me to be a heavy and unjust tax upon the +labor of those employed in extracting this precious metal, and I doubt +not you will be disposed at the earliest period possible to relieve +them from it by the establishment of a mint. In the meantime, as an +assayer's office is established there, I would respectfully submit for +your consideration the propriety of authorizing gold bullion which has +been assayed and stamped to be received in payment of Government dues. +I can not conceive that the Treasury would suffer any loss by such +a provision, which will at once raise bullion to its par value, and +thereby save (if I am rightly informed) many millions of dollars to +the laborers which are now paid in brokerage to convert this precious +metal into available funds. This discount upon their hard earnings is +a heavy tax, and every effort should be made by the Government to +relieve them from so great a burden. + +More than three-fourths of our population are engaged in the +cultivation of the soil. The commercial, manufacturing, and navigating +interests are all to a great extent dependent on the agricultural. +It is therefore the most important interest of the nation, and has +a just claim to the fostering care and protection of the Government +so far as they can be extended consistently with the provisions of +the Constitution. As this can not be done by the ordinary modes of +legislation, I respectfully recommend the establishment of an +agricultural bureau, to be charged with the duty of giving to this +leading branch of American industry the encouragement which it so well +deserves. In view of the immense mineral resources of our country, +provision should also be made for the employment of a competent +mineralogist and chemist, who should be required, under the direction +of the head of the bureau, to collect specimens of the various +minerals of our country and to ascertain by careful analysis their +respective elements and properties and their adaptation to useful +purposes. He should also be required to examine and report upon the +qualities of different soils and the manures best calculated to +improve their productiveness. By publishing the results of such +experiments, with suitable explanations, and by the collection and +distribution of rare seeds and plants, with instructions as to the +best system of cultivation, much may be done to promote this great +national interest. + +In compliance with the act of Congress passed on the 23d of May, +1850, providing, among other things, for taking the Seventh Census, +a superintendent was appointed and all other measures adopted which +were deemed necessary to insure the prompt and faithful performance +of that duty. The appropriation already made will, it is believed, +be sufficient to defray the whole expense of the work, but further +legislation may be necessary in regard to the compensation of some +of the marshals of the Territories. It will also be proper to make +provision by law at an early day for the publication of such abstracts +of the returns as the public interests may require. + +The unprecedented growth of our territories on the Pacific in wealth +and population and the consequent increase of their social and +commercial relations with the Atlantic States seem to render it the +duty of the Government to use all its constitutional power to improve +the means of intercourse with them. The importance of opening "a line +of communication, the best and most expeditious of which the nature of +the country will admit," between the Valley of the Mississippi and the +Pacific was brought to your notice by my predecessor in his annual +message; and as the reasons which he presented in favor of the measure +still exist in full force, I beg leave to call your attention to them +and to repeat the recommendations then made by him. + +The uncertainty which exists in regard to the validity of land titles +in California is a subject which demands your early consideration. +Large bodies of land in that State are claimed under grants said to +have been made by authority of the Spanish and Mexican Governments. +Many of these have not been perfected, others have been revoked, and +some are believed to be fraudulent. But until they shall have been +judicially investigated they will continue to retard the settlement +and improvement of the country. I therefore respectfully recommend +that provision be made by law for the appointment of commissioners to +examine all such claims with a view to their final adjustment. + +I also beg leave to call your attention to the propriety of extending +at an early day our system of land laws, with such modifications as +may be necessary, over the State of California and the Territories of +Utah and New Mexico. The mineral lands of California will, of course, +form an exception to any general system which may be adopted. Various +methods of disposing of them have been suggested. I was at first +inclined to favor the system of leasing, as it seemed to promise the +largest revenue to the Government and to afford the best security +against monopolies; but further reflection and our experience in +leasing the lead mines and selling lands upon credit have brought +my mind to the conclusion that there would be great difficulty in +collecting the rents, and that the relation of debtor and creditor +between the citizens and the Government would be attended with many +mischievous consequences. I therefore recommend that instead of +retaining the mineral lands under the permanent control of the +Government they be divided into small parcels and sold, under such +restrictions as to quantity and time as will insure the best price and +guard most effectually against combinations of capitalists to obtain +monopolies. + +The annexation of Texas and the acquisition of California and New +Mexico have given increased importance to our Indian relations. The +various tribes brought under our jurisdiction by these enlargements of +our boundaries are estimated to embrace a population of 124,000. + +Texas and New Mexico are surrounded by powerful tribes of Indians, +who are a source of constant terror and annoyance to the inhabitants. +Separating into small predatory bands, and always mounted, they +overrun the country, devastating farms, destroying crops, driving off +whole herds of cattle, and occasionally murdering the inhabitants or +carrying them into captivity. The great roads leading into the country +are infested with them, whereby traveling is rendered extremely +dangerous and immigration is almost entirely arrested. The Mexican +frontier, which by the eleventh article of the treaty of Guadalupe +Hidalgo we are bound to protect against the Indians within our border, +is exposed to these incursions equally with our own. The military +force stationed in that country, although forming a large proportion +of the Army, is represented as entirely inadequate to our own +protection and the fulfillment of our treaty stipulations with Mexico. +The principal deficiency is in cavalry, and I recommend that Congress +should, at as early a period as practicable, provide for the raising +of one or more regiments of mounted men. + +For further suggestions on this subject and others connected with our +domestic interests and the defense of our frontier, I refer you to the +reports of the Secretary of the Interior and of the Secretary of War. + +I commend also to your favorable consideration the suggestion +contained in the last-mentioned report and in the letter of the +General in Chief relative to the establishment of an asylum for the +relief of disabled and destitute soldiers. This subject appeals so +strongly to your sympathies that it would be superfluous in me to say +anything more than barely to express my cordial approbation of the +proposed object. + +The Navy continues to give protection to our commerce and other +national interests in the different quarters of the globe, and, with +the exception of a single steamer on the Northern lakes, the vessels +in commission are distributed in six different squadrons. + +The report of the head of that Department will exhibit the services of +these squadrons and of the several vessels employed in each during the +past year. It is a source of gratification that, while they have been +constantly prepared for any hostile emergency, they have everywhere +met with the respect and courtesy due as well to the dignity as to the +peaceful dispositions and just purposes of the nation. + +The two brigantines accepted by the Government from a generous citizen +of New York and placed under the command of an officer of the Navy to +proceed to the Arctic Seas in quest of the British commander Sir John +Franklin and his companions, in compliance with the act of Congress +approved in May last, had when last heard from penetrated into a high +northern latitude; but the success of this noble and humane enterprise +is yet uncertain. + +I invite your attention to the view of our present naval establishment +and resources presented in the report of the Secretary of the Navy, +and the suggestions therein made for its improvement, together with +the naval policy recommended for the security of our Pacific Coast and +the protection and extension of our commerce with eastern Asia. Our +facilities for a larger participation in the trade of the East, by +means of our recent settlements on the shores of the Pacific, are too +obvious to be overlooked or disregarded. + +The questions in relation to rank in the Army and Navy and relative +rank between officers of the two branches of the service, presented to +the Executive by certain resolutions of the House of Representatives +at the last session of Congress, have been submitted to a board of +officers in each branch of the service, and their report may be +expected at an early day. + +I also earnestly recommend the enactment of a law authorizing officers +of the Army and Navy to be retired from the service when incompetent +for its vigorous and active duties, taking care to make suitable +provision for those who have faithfully served their country and +awarding distinctions by retaining in appropriate commands those who +have been particularly conspicuous for gallantry and good conduct. +While the obligation of the country to maintain and honor those who, +to the exclusion of other pursuits, have devoted themselves to its +arduous service is acknowledged, this obligation should not be +permitted to interfere with the efficiency of the service itself. + +I am gratified in being able to state that the estimates of +expenditure for the Navy in the ensuing year are less by more than +$1,000,000 than those of the present, excepting the appropriation +which may become necessary for the construction of a dock on the coast +of the Pacific, propositions for which are now being considered and on +which a special report may be expected early in your present session. + +There is an evident justness in the suggestion of the same report that +appropriations for the naval service proper should be separated from +those for fixed and permanent objects, such as building docks and +navy-yards and the fixtures attached, and from the extraordinary +objects under the care of the Department which, however important, +are not essentially naval. + +A revision of the code for the government of the Navy seems to require +the immediate consideration of Congress. Its system of crimes and +punishments had undergone no change for half a century until the last +session, though its defects have been often and ably pointed out; +and the abolition of a particular species of corporal punishment, +which then took place, without providing any substitute, has left the +service in a state of defectiveness which calls for prompt correction. +I therefore recommend that the whole subject be revised without delay +and such a system established for the enforcement of discipline as +shall be at once humane and effectual. + +The accompanying report of the Postmaster-General presents a +satisfactory view of the operations and condition of that Department. + +At the close of the last fiscal year the length of the inland mail +routes in the United States (not embracing the service in Oregon and +California) was 178,672 miles, the annual transportation thereon +46,541,423 miles, and the annual cost of such transportation $2,724,426. + +The increase of the annual transportation over that of the preceding +year was 3,997,354 miles and the increase in cost was $342,440. + +The number of post-offices in the United States on the 1st day of July +last was 18,417, being an increase of I,670 during the preceding year. + +The gross revenues of the Department for the fiscal year ending June 30, +1850, amounted to $5,552,971.48, including the annual appropriation of +$200,000 for the franked matter of the Departments and excluding the +foreign postages collected for and payable to the British Government. + +The expenditures for the same period were $5,212,953.43, leaving a +balance of revenue over expenditures of $340,018.05. + +I am happy to find that the fiscal condition of the Department is such +as to justify the Postmaster-General in recommending the reduction of +our inland letter postage to 3 cents the single letter when prepaid and +5 cents when not prepaid. He also recommends that the prepaid rate shall +be reduced to 2 cents whenever the revenues of the Department, after the +reduction, shall exceed its expenditures by more than 5 per cent for two +consecutive years; that the postage upon California and other letters +sent by our ocean steamers shall be much reduced, and that the rates of +postage on newspapers, pamphlets, periodicals, and other printed matter +shall be modified and some reduction thereon made. + +It can not be doubted that the proposed reductions will for the present +diminish the revenues of the Department. It is believed that the +deficiency, after the surplus already accumulated shall be exhausted, +may be almost wholly met either by abolishing the existing privileges of +sending free matter through the mails or by paying out of the Treasury +to the Post-Office Department a sum equivalent to the postage of which +it is deprived by such privileges. The last is supposed to be the +preferable mode, and will, if not entirely, so nearly supply that +deficiency as to make any further appropriation that may be found +necessary so inconsiderable as to form no obstacle to the proposed +reductions. + +I entertain no doubt of the authority of Congress to make appropriations +for leading objects in that class of public works comprising what are +usually called works of internal improvement. This authority I suppose +to be derived chiefly from the power of regulating commerce with foreign +nations and among the States and the power of laying and collecting +imposts. Where commerce is to be carried on and imposts collected there +must be ports and harbors as well as wharves and custom-houses. If ships +laden with valuable cargoes approach the shore or sail along the coast, +light-houses are necessary at suitable points for the protection of +life and property. Other facilities and securities for commerce and +navigation are hardly less important; and those clauses of the +Constitution, therefore, to which I have referred have received from the +origin of the Government a liberal and beneficial construction. Not only +have light-houses, buoys, and beacons been established and floating +lights maintained, but harbors have been cleared and improved, piers +constructed, and even breakwaters for the safety of shipping and sea +walls to protect harbors from being filled up and rendered useless by +the action of the ocean, have been erected at very great expense. And +this construction of the Constitution appears the more reasonable from +the consideration that if these works, of such evident importance +and utility, are not to be accomplished by Congress they can not be +accomplished at all. By the adoption of the Constitution the several +States voluntarily parted with the power of collecting duties of imposts +in their own ports, and it is not to be expected that they should raise +money by internal taxation, direct or indirect, for the benefit of that +commerce the revenues derived from which do not, either in whole or in +part, go into their own treasuries. Nor do I perceive any difference +between the power of Congress to make appropriations for objects of this +kind on the ocean and the power to make appropriations for similar +objects on lakes and rivers, wherever they are large enough to bear on +their waters an extensive traffic. The magnificent Mississippi and its +tributaries and the vast lakes of the North and Northwest appear to me +to fall within the exercise of the power as justly and as clearly as the +ocean and the Gulf of Mexico. It is a mistake to regard expenditures +judiciously made for these objects as expenditures for local purposes. +The position or sight of the work is necessarily local, but its utility +is general. A ship canal around the Falls of St. Mary of less than a +mile in length, though local in its construction, would yet be national +in its purpose and its benefits, as it would remove the only obstruction +to a navigation of more than 1,000 miles, affecting several States, as +well as our commercial relations with Canada. So, too, the breakwater at +the mouth of the Delaware is erected, not for the exclusive benefit of +the States bordering on the bay and river of that name, but for that +of the whole coastwise navigation of the United States and, to a +considerable extent, also of foreign commerce. If a ship be lost on the +bar at the entrance of a Southern port for want of sufficient depth of +water, it is very likely to be a Northern ship; and if a steamboat be +sunk in any part of the Mississippi on account of its channel not having +been properly cleared of obstructions, it may be a boat belonging to +either of eight or ten States. I may add, as somewhat remarkable, that +among all the thirty-one States there is none that is not to a greater +or less extent bounded on the ocean, or the Gulf of Mexico, or one of +the Great Lakes, or some navigable river. + +In fulfilling our constitutional duties, fellow-citizens, on this +subject, as in carrying into effect all other powers conferred by the +Constitution, we should consider ourselves as deliberating and acting +for one and the same country, and bear constantly in mind that our +regard and our duty are due not to a particular part only, but to the +whole. + +I therefore recommend that appropriations be made for completing such +works as have been already begun and for commencing such others as may +seem to the wisdom of Congress to be of public and general importance. + +The difficulties and delays incident to the settlement of private claims +by Congress amount in many cases to a denial of justice. There is reason +to apprehend that many unfortunate creditors of the Government have +thereby been unavoidably ruined. Congress has so much business of a +public character that it is impossible it should give much attention to +mere private claims, and their accumulation is now so great that many +claimants must despair of ever being able to obtain a hearing. It may +well be doubted whether Congress, from the nature of its organization, +is properly constituted to decide upon such cases. It is impossible that +each member should examine the merits of every claim on which he is +compelled to vote, and it is preposterous to ask a judge to decide a +case which he has never heard. Such decisions may, and frequently must, +do injustice either to the claimant or the Government, and I perceive +no better remedy for this growing evil than the establishment of some +tribunal to adjudicate upon such claims. I beg leave, therefore, +most respectfully to recommend that provision be made by law for the +appointment of a commission to settle all private claims against the +United States; and as an _ex parte_ hearing must in all contested +cases be very unsatisfactory, I also recommend the appointment of a +solicitor, whose duty it shall be to represent the Government before +such commission and protect it against all illegal, fraudulent, or +unjust claims which may be presented for their adjudication. + +This District, which has neither voice nor vote in your deliberations, +looks to you for protection and aid, and I commend all its wants to your +favorable consideration, with a full confidence that you will meet them +not only with justice, but with liberality. It should be borne in mind +that in this city, laid out by Washington and consecrated by his name, +is located the Capitol of our nation, the emblem of our Union and the +symbol of our greatness. Here also are situated all the public buildings +necessary for the use of the Government, and all these are exempt from +taxation. It should be the pride of Americans to render this place +attractive to the people of the whole Republic and convenient and safe +for the transaction of the public business and the preservation of +the public records. The Government should therefore bear a liberal +proportion of the burdens of all necessary and useful improvements. And +as nothing could contribute more to the health, comfort, and safety of +the city and the security of the public buildings and records than an +abundant supply of pure water, I respectfully recommend that you make +such provisions for obtaining the same as in your wisdom you may deem +proper. + +The act, passed at your last session, making certain propositions to +Texas for settling the disputed boundary between that State and the +Territory of New Mexico was, immediately on its passage, transmitted by +express to the governor of Texas, to be laid by him before the general +assembly for its agreement thereto. Its receipt was duly acknowledged, +but no official information has yet been received of the action of the +general assembly thereon. It may, however, be very soon expected, as, +by the terms of the propositions submitted they were to have been acted +upon on or before the first day of the present month. + +It was hardly to have been expected that the series of measures passed +at your last session with the view of healing the sectional differences +which had sprung from the slavery and territorial questions should at +once have realized their beneficent purpose. All mutual concession in +the nature of a compromise must necessarily be unwelcome to men of +extreme opinions. And though without such concessions our Constitution +could not have been formed, and can not be permanently sustained, yet we +have seen them made the subject of bitter controversy in both sections +of the Republic, It required many months of discussion and deliberation +to secure the concurrence of a majority of Congress in their favor. It +would be strange if they had been received with immediate approbation by +people and States prejudiced and heated by the exciting controversies of +their representatives. I believe those measures to have been required +by the circumstances and condition of the country. I believe they +were necessary to allay asperities and animosities that were rapidly +alienating one section of the country from another and destroying +those fraternal sentiments which are the strongest supports of the +Constitution. They were adopted in the spirit of conciliation and for +the purpose of conciliation. I believe that a great majority of our +fellow-citizens sympathize in that spirit and that purpose, and in +the main approve and are prepared in all respects to sustain these +enactments. I can not doubt that the American people, bound together by +kindred blood and common traditions, still cherish a paramount regard +for the Union of their fathers, and that they are ready to rebuke any +attempt to violate its integrity, to disturb the compromises on which +it is based, or to resist the laws which have been enacted under its +authority. + +The series of measures to which I have alluded are regarded by me as +a settlement in principle and substance--a final settlement of the +dangerous and exciting subjects which they embraced. Most of these +subjects, indeed, are beyond your reach, as the legislation which +disposed of them was in its character final and irrevocable. It may +be presumed from the opposition which they all encountered that none +of those measures was free from imperfections, but in their mutual +dependence and connection they formed a system of compromise the most +conciliatory and best for the entire country that could be obtained +from conflicting sectional interests and opinions. + +For this reason I recommend your adherence to the adjustment established +by those measures until time and experience shall demonstrate the +necessity of further legislation to guard against evasion or abuse. + +By that adjustment we have been rescued from the wide and boundless +agitation that surrounded us, and have a firm, distinct, and legal +ground to rest upon. And the occasion, I trust, will justify me in +exhorting my countrymen to rally upon and maintain that ground as the +best, if not the only, means of restoring peace and quiet to the country +and maintaining inviolate the integrity of the Union. + +And now, fellow-citizens, I can not bring this communication to a close +without invoking you to join me in humble and devout thanks to the Great +Ruler of Nations for the multiplied blessings which He has graciously +bestowed upon us. His hand, so often visible in our preservation, has +stayed the pestilence, saved us from foreign wars and domestic +disturbances, and scattered plenty throughout the land. + +Our liberties, religious and civil, have been maintained, the fountains +of knowledge have all been kept open, and means of happiness widely +spread and generally enjoyed greater than have fallen to the lot of any +other nation. And while deeply penetrated with gratitude for the past, +let us hope that His all-wise providence will so guide our counsels as +that they shall result in giving satisfaction to our constituents, +securing the peace of the country, and adding new strength to the united +Government under which we live. + +MILLARD FILLMORE. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 9, 1850_. + +_To the House of Representatives_: + +I communicate to the House of Representatives a translation of a note +of the 5th instant addressed to the Secretary of State by the minister +of the Mexican Republic accredited to this Government, relative to a +subject[2] to which the attention of Congress was invited in my message +at the opening of the present session. + +MILLARD FILLMORE. + +[The same message was sent to the Senate.] + +[Footnote 2: Incursions of Indians of the United States upon the +population of the Mexican frontier.] + + + +WASHINGTON, _December 12, 1850_. + +_To the Senate of the United States_: + +I herewith transmit a report of the Secretary of State, with accompanying +documents, relating to the African slave trade, in answer to the +resolution of the Senate of the 28th of August last. + +MILLARD FILLMORE + + + +WASHINGTON, _December 13, 1850_. + +_To the Senate and House of Representatives_: + + +I have the pleasure of announcing to Congress the agreement on the part +of Texas to the propositions offered to that State by the act of +Congress approved on the 9th day of September last, entitled "An act +proposing to the State of Texas the establishment of her northern +and western boundaries, the relinquishment by the said State of all +territory claimed by her exterior to said boundaries and of all her +claims upon the United States, and to establish a Territorial government +for New Mexico." + +By the terms of that act it was required that the agreement of Texas to +the propositions contained in it should be given on or before the 1st +day of December, 1850. An authenticated transcript of a law passed by +the legislature of Texas on the 25th day of November, agreeing to and +accepting the propositions contained in the act of Congress, has been +received. This law, after reciting the provisions of the act of Congress, +proceeds to enact and declare as follows, viz: + + Therefore, first. _Be it enacted by the legislature of the State of + Texas_, That the State of Texas hereby agrees to and accepts said + propositions; and it is hereby declared that the said State shall be + bound by the terms thereof according to their true import and meaning. + + Second. That the governor of this State be, and is hereby, requested to + cause a copy of this act, authenticated under the seal of the State, to + be furnished to the President of the United States by mail as early as + practicable, and also a copy thereof, certified in like manner, to be + transmitted to each of the Senators and Representatives of Texas in + Congress. And that this act take effect from and after its passage. + + C. G. KEENAN, + _Speaker of the House of Representatives_. + + JOHN A. GREER, + _President of the Senate_. + +Approved, November 25, 1850. + +P.H. BELL. + + +From the common sources of public information it would appear that +a very remarkable degree of unanimity prevailed, not only in the +legislature, but among the people of Texas, in respect to the agreement +of the State to that which had been proposed by Congress. + +I can not refrain from congratulating Congress and the country on the +success of this great and leading measure of conciliation and peace. The +difficulties felt and the dangers apprehended from the vast acquisitions +of territory under the late treaty with Mexico seem now happily overcome +by the wisdom of Congress. Within that territory there already exists +one State, respectable for the amount of her population, distinguished +for singular activity and enterprise, and remarkable in many respects +from her condition and history. This new State has come into the Union +with manifestations not to be mistaken of her attachment to that +Constitution and that Government which now embrace her and her interests +within their protecting and beneficent control. + +Over the residue of the acquired territories regular Territorial +governments are now established in the manner which has been most usual +in the history of this Government. Various other acts of Congress may +undoubtedly be requisite for the benefit as well as for the proper +government of these so distant parts of the country. But the same +legislative wisdom which has triumphed over the principal difficulties +and accomplished the main end may safely be relied on for whatever +measures may yet be found necessary to perfect its work, so that the +acquisition of these vast regions to the United States may rather +strengthen than weaken the Constitution, which is over us all, and the +Union, which affords such ample daily proofs of its inestimable value. + +MILLARD FILLMORE. + + + +WASHINGTON, _December 17, 1850_. + +_To the Senate of the United States_: + +I herewith transmit a letter from the Secretary of War, communicating a +report of a board of officers to which, in pursuance of a resolution of +the Senate passed on the 30th of September last, were submitted the +questions proposed therein, relative to the expediency and necessity of +creating additional grades of commissioned officers in the Army and of +enacting provisions authorizing officers of the Army to exercise civil +functions in emergencies to be enumerated and restraining them from +usurping the powers of civil functionaries. + +MILLARD FILLMORE. + + + +WASHINGTON, _December 30, 1850_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate, in reply to their resolution of the +26th instant, a report from the Secretary of State, with accompanying +papers.[3] + +MILLARD FILLMORE. + +[Footnote 3: Correspondence with the Austrian charge d'affaires +respecting the appointment or proceedings of the agent sent to examine +and report upon the condition and prospects of the Hungarian people +during their struggle for independence.] + + + +WASHINGTON, _January 3, 1851_. + +_To the House of Representatives_: + +By a resolution passed by the House of Representatives on the 24th day +of July, 1850, the President was requested to cause to be prepared and +communicated to the House certain opinions of the Attorneys-General +therein specified. On inquiry I learned that the force employed in the +Attorney-General's Office was not sufficient to perform this work; +consequently, I employed Benjamin F. Hall, esq., a counselor at law, +on the 9th day of September last, to execute it, and requested him to +commence it immediately. I informed him that I was not authorized to +give any other assurances as to compensation than that it rested with +Congress to provide and fix it. I believe Mr. Hall to be in all respects +competent and well fitted for the task which he has undertaken, and +diligent in the performance of it; and it appears to me that the most +just mode of compensation will be to make a per diem allowance of $8 per +day for the time actually employed, to be paid on the certificate of the +Attorney-General. + +I also transmit herewith a portion of the manuscript prepared in +pursuance of said resolution, with a letter from Mr. Hall to me +indicating the mode in which he thinks the work should be prepared and +printed, which appears to me worthy of consideration and adoption by the +House. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 10, 1851_. + +_To the Senate of the United States_: + +I have the honor herewith to transmit to the Senate a communication from +the Secretary of the Navy on the subject of the discipline of the Navy, +suggesting such amendments of the law as may be necessary in consequence +of the recent act abolishing flogging; to which I respectfully invite +the immediate attention of Congress. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 14, 1851_. + +_To the House of Representatives of the United States_: + +In compliance with the resolution of the House of Representatives +adopted July 18, 1850, requesting the President to communicate his views +on sundry questions of rank, precedence, and command among officers of +the Army and officers of the Navy, respectively, and of relative rank +between officers of the Army and Navy when brought into cooperation, I +caused to be convened a board of intelligent and experienced officers in +each branch of the service to consider the matters involved in said +resolutions and to report their opinion for my advice and information. + +Their reports have been made, and I have the honor herewith to submit +copies of them, together with bills drafted substantially in accordance +therewith, on the subject of rank in each branch of the service. + +The subject is one of great interest, and it is highly important that it +should be settled by legislative authority and with as little delay as +possible consistently with its proper examination. + +The points on which it will be perceived that the two boards disagree in +regard to relative rank between officers of the Army and Navy are not +esteemed of very great practical importance, and the adoption of the +rule proposed by either would be acceptable to the Executive. + +But even if a decision on these shall be suspended, it is hoped that the +bills which are designed to regulate rank, precedence, and command in +the Army and Navy as separate branches of service may receive the +sanction of Congress, with such amendments as may be deemed appropriate, +in the course of the present session. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 3, 1851_. + +_To the Senate of the United States_: + +I transmit to the Senate a report from the Secretary of State, with +accompanying papers,[4] in answer to their resolution of the 30th +ultimo. + +MILLARD FILLMORE. + +[Footnote 4: Correspondence relative to the possessory rights of the +British Hudsons Bay Company in Oregon.] + + + +WASHINGTON, _February 12, 1851_. + +_To the Senate of the United States_: + +I transmit herewith a report from the Secretary of State, with accompanying +documents,[5] in answer to the Senate's resolution of the 1st +instant. + +MILLARD FILLMORE. + +[Footnote 5: Correspondence with Spain relative to the claim of the +owners of the schooner _Amistad_ for compensation on account of the +liberation of negroes on board said vessel.] + + + +WASHINGTON, _February 13, 1851_. + +_To the Senate of the United States_: + +I herewith communicate to the Senate, for its consideration, a general +convention between the United States and the Swiss Confederation, +concluded and signed at Berne on the 25th day of November last by Mr. A. +Dudley Mann on the part of the United States and by Messrs. Druey and +Frey-Herosee on the part of the Swiss Confederation. I communicate at +the same time a copy of the instructions under which Mr. Mann acted and +his dispatch of the 30th November last, explanatory of the articles of +the convention. + +In submitting this convention to the consideration of the Senate I +feel it my duty to invite its special attention to the first and +fifth articles. These articles appear to contain provisions quite +objectionable, if, indeed, they can be considered as properly embraced +in the treaty-making power. + +The second clause of the first article is in these words: + + In the United States of America citizens of Switzerland shall be + received and treated in each State upon the same footing and upon the + same conditions as citizens of the United States born in or belonging to + other States of the Union. + + +It is well known that according to the Constitution of the United States +a citizen of one State may hold lands in any other State; and States +have, sometimes by general, sometimes by special, laws, removed the +disabilities attaching to foreigners not naturalized in regard to the +holding of land. But this is not supposed to be a power properly to be +exercised by the President and Senate in concluding and ratifying a +treaty with a foreign state. The authority naturally belongs to the +State within whose limits the land may lie. The naturalization of +foreigners is provided for by the laws of the United States, in +pursuance of the provision of the Constitution; but when, under the +operation of these laws, foreigners become citizens of the United +States, all would seem to be done which it is in the power of this +Government to do to enable foreigners to hold land. The clause referred +to, therefore, appears to me inadmissible. + +The fourth clause of the same article provides, among other things, that +citizens of Switzerland may, within the United States, acquire, possess, +and alienate personal and real estate, and the fifth article grants them +the power of disposing of their real estate, which, perhaps, would be no +otherwise objectionable, if it stood by itself, than as it would seem to +imply a power to hold that of which they are permitted to dispose. + +These objections, perhaps, may be removed by striking out the second +clause of the first article and the words "and real" in the fourth +clause. An amendment similar to the last here suggested was made by the +Senate in the convention between the United States and the King of +Bavaria, the ratification of which, as amended, the Senate advised and +consented to on the 15th day of March, 1845. + +But there is another and a decisive objection, arising from the last +clause in the first article. That clause is in these words: + + On account of the tenor of the federal constitution of Switzerland, + Christians alone are entitled to the enjoyment of the privileges + guaranteed by the present article in the Swiss Cantons. But said + Cantons are not prohibited from extending the same privileges to + citizens of the United States of other religious persuasions. + + +It appears from this that Christians alone are, in some of the Swiss +Cantons, entitled to the enjoyment of privileges guaranteed by the first +article, although the Cantons themselves are not prohibited from +extending the same privileges to citizens of the United States of other +religious persuasions. + +It is quite certain that neither by law, nor by treaty, nor by any other +official proceeding is it competent for the Government of the United +States to establish any distinction between its citizens founded on +differences in religious beliefs. Any benefit or privilege conferred by +law or treaty on one must be common to all, and we are not at liberty, +on a question of such vital interest and plain constitutional duty, +to consider whether the particular case is one in which substantial +inconvenience or injustice might ensue. It is enough that an inequality +would be sanctioned hostile to the institutions of the United States and +inconsistent with the Constitution and the laws. + +Nor can the Government of the United States rely on the individual +Cantons of Switzerland for extending the same privileges to other +citizens of the United States as this article extends to Christians. It +is indispensable not only that every privilege granted to any of the +citizens of the United States should be granted to all, but also that +the grant of such privilege should stand upon the same stipulation and +assurance by the whole Swiss Confederation as those of other articles of +the convention. + +There have been instances, especially some of recent occurrence, +in which the Executive has transmitted treaties to the Senate with +suggestions of amendment, and I have therefore thought it not improper +to send the present convention to the Senate, inviting its attention +to such amendments as appeared to me to be important, although I have +entertained considerable doubt whether it would not be better to send +back the convention for correction in the objectionable particulars +before laying it before the Senate for ratification. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 13, 1851_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 10th instant, calling +for information relative to a contract alleged to have been made by Mr. +I.D. Marks with the Mexican Government, I transmit a report from the +Secretary of State and the documents[6] which accompanied it. + +MILLARD FILLMORE. + +[Footnote 6: Relating to drafts upon the Treasury of the United States +by Mexico on account of indemnity due that Government in pursuance of +the treaty of Guadalupe Hidalgo.] + + + +WASHINGTON, _February 13, 1851_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 28th of January, +1851, I have the honor to transmit herewith reports from the Secretary +of State and Secretary of the Treasury, giving the required +correspondence in the case of the British ship _Albion_, seized in +Oregon for an alleged violation of the revenue laws. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 15, 1851_. + +_To the Senate of the United States_: + +In addition to the information heretofore communicated, I now transmit +to the Senate a report from the Secretary of State, with accompanying +papers,[7] in answer to their resolution of the 28th ultimo. + +MILLARD FILLMORE. + +[Footnote 7: Additional correspondence relative to the seizure of the +British ship _Albion_.] + + + +WASHINGTON, _February 15, 1851_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate a report[8] from the Secretary of +State, in answer to their resolution of the 10th instant. + +MILLARD FILLMORE. + +[Footnote 8: Relating to taxation by New Granada on United States +citizens when _in transitu_ across the Isthmus of Panama, and to +the United States mail service at said Isthmus.] + + + +WASHINGTON, _February 18, 1851_. + +The PRESIDENT OF THE SENATE: + +In addition to the papers already transmitted to the Senate in +compliance with its resolution of the 28th ultimo, I have the honor +herewith to transmit an additional report[9] from the Secretary of the +Treasury. + +MILLARD FILLMORE. + +[Footnote 9: Relating to the seizure of the British ship _Albion_.] + + + +EXECUTIVE DEPARTMENT, _February 19, 1851_. + +_To the Senate of the United States_: + +I have received the resolution of the Senate of the 18th instant, +requesting me to lay before that body, if not incompatible with the +public interest, any information I may possess in regard to an alleged +recent case of a forcible resistance to the execution of the laws of the +United States in the city of Boston, and to communicate to the Senate, +under the above conditions, what means I have adopted to meet the +occurrence, and whether in my opinion any additional legislation is +necessary to meet the exigency of the case and to more vigorously +execute existing laws. + +The public newspapers contain an affidavit of Patrick Riley, a +deputy marshal for the district of Massachusetts, setting forth the +circumstances of the case, a copy of which affidavit is herewith +communicated. Private and unofficial communications concur in +establishing the main facts of this account, but no satisfactory +official information has as yet been received; and in some important +respects the accuracy of the account has been denied by persons whom it +implicates. Nothing could be more unexpected than that such a gross +violation of law, such a high-handed contempt of the authority of the +United States, should be perpetrated by a band of lawless confederates +at noonday in the city of Boston, and in the very temple of justice. I +regard this flagitious proceeding as being a surprise not unattended by +some degree of negligence; nor do I doubt that if any such act of +violence had been apprehended thousands of the good citizens of Boston +would have presented themselves voluntarily and promptly to prevent it. +But the danger does not seem to have been timely made known or duly +appreciated by those who were concerned in the execution of the process. +In a community distinguished for its love of order and respect for the +laws, among a people whose sentiment is liberty and law, and not liberty +without law nor above the law, such an outrage could only be the result +of sudden violence, unhappily too much unprepared for to be successfully +resisted. It would be melancholy indeed if we were obliged to regard +this outbreak against the constitutional and legal authority of the +Government as proceeding from the general feeling of the people in a +spot which is proverbially called "the Cradle of American Liberty." +Such, undoubtedly, is not the fact. It violates without question the +general sentiment of the people of Boston and of a vast majority of the +whole people of Massachusetts, as much as it violates the law, defies +the authority of the Government, and disgraces those concerned in it, +their aiders and abettors. + +It is, nevertheless, my duty to lay before the Senate, in answer to its +resolution, some important facts and considerations connected with the +subject. + +A resolution of Congress of September 23, 1789, declared: + + That it be recommended to the legislatures of the several States to + pass laws making it expressly the duty of the keepers of their jails + to receive and safe keep therein all prisoners committed under the + authority of the United States until they shall be discharged by the + course of the laws thereof, under the like penalties as in the case of + prisoners committed under the authority of such States respectively; + the United States to pay for the use and keeping of such jails at the + rate of 50 cents per month for each prisoner that shall, under their + authority, be committed thereto during the time such prisoner shall be + therein confined, and also to support such of said prisoners as shall + be committed for offenses. + + +A further resolution of Congress, of the 3d of March, 1791, provides +that-- + + Whereas Congress did, by a resolution of the 23d day of September, 1789, + recommend to the several States to pass laws making it expressly the + duty of the keepers of their jails to receive and safe keep therein all + prisoners committed under the authority of the United States: In order, + therefore, to insure the administration of justice-- + + _Resolved by the Senate and House of Representatives of the United + States of America in Congress assembled_, That in case any State shall + not have complied with the said recommendation the marshal in such + State, under the direction of the judge of the district, be authorized + to hire a convenient place to serve as a temporary jail, and to make the + necessary provision for the safe-keeping of prisoners committed under + the authority of the United States until permanent provision shall be + made by law for that purpose; and the said marshal shall be allowed his + reasonable expenses incurred for the above purposes, to be paid out of + the Treasury of the United States. + + +And a resolution of Congress of March 3, 1821, provides that-- + + Where any State or States, having complied with the recommendation of + Congress in the resolution of the 23d day of September, 1789, shall have + withdrawn, or shall hereafter withdraw, either in whole or in part, the + use of their jails for prisoners committed under the authority of the + United States, the marshal in such State or States, under the direction + of the judge of the district, shall be, and hereby is, authorized and + required to hire a convenient place to serve as a temporary jail, and to + make the necessary provision for the safe-keeping of prisoners committed + under the authority of the United States until permanent provision shall + be made by law for that purpose; and the said marshal shall be allowed + his reasonable expenses incurred for the above purposes, to be paid out + of the Treasury of the United States. + + +These various provisions of the law remain unrepealed. + +By the law of Massachusetts, as that law stood before the act of the +legislature of that State of the 24th of March, 1843, the common jails +in the respective counties were to be used for the detention of any +persons detained or committed by the authority of the courts of the +United States, as well as by the courts and magistrates of the State. +But these provisions were abrogated and repealed by the act of the +legislature of Massachusetts of the 24th of March, 1843. + +That act declares that-- + + No judge of any court of record of this Commonwealth and no justice of + the peace shall hereafter take cognizance or grant a certificate in + cases that may arise under the third section of an act of Congress + passed February 12, 1793, and entitled "An act respecting fugitives + from justice and persons escaping from the service of their masters," + to any person who claims any other person as a fugitive slave within + the jurisdiction of the Commonwealth. + + +And it further declares that-- + + No sheriff, deputy sheriff, coroner, constable, jailer, or other officer + of this Commonwealth shall hereafter arrest or detain, or aid in the + arrest or detention or imprisonment, in any jail or other building + belonging to this Commonwealth, or to any county, city, or town thereof, + of any person for the reason that he is claimed as a fugitive slave. + + +And it further declares that-- + + Any justice of the peace, sheriff, deputy sheriff, coroner, constable, + or jailer who shall offend against the provisions of this law by in any + way acting, directly or indirectly, under the power conferred by the + third section of the act of Congress aforementioned shall forfeit a sum + not exceeding $1,000 for every such offense to the use of the county + where said offense is committed, or shall be subject to imprisonment + not exceeding one year in the county jail. + + +This law, it is obvious, had two objects. The first was to make it a +penal offense in all officers and magistrates of the Commonwealth to +exercise the powers conferred on them by the act of Congress of the 12th +of February, 1793, entitled "An act respecting fugitives from justice +and persons escaping from the service of their masters," and which +powers they were fully competent to perform up to the time of this +inhibition and penal enactment; second, to refuse the use of the jails +of the State for the detention of any person claimed as a fugitive +slave. + +It is deeply to be lamented that the purpose of these enactments is +quite apparent. It was to prevent, as far as the legislature of the +State could prevent, the laws of Congress passed for the purpose of +carrying into effect that article of the Constitution of the United +States which declares that "no person held to service or labor in +one State, under the laws thereof, escaping into another, shall in +consequence of any law or regulation therein be discharged from such +service or labor, but shall be delivered up on claim of the party +to whom such service or labor may be due" from being carried into +effect. But these acts of State legislation, although they may cause +embarrassment and create expense, can not derogate either from the duty +or the authority of Congress to carry out fully and fairly the plain and +imperative constitutional provision for the delivery of persons bound to +labor in one State and escaping into another to the party to whom such +labor may be due. It is quite clear that by the resolution of Congress +of March 3, 1821, the marshal of the United States in any State in which +the use of the jails of the State has been withdrawn, in whole or in +part, from the purpose of the detention of persons committed under the +authority of the United States is not only empowered, but expressly +required, under the direction of the judge of the district, to hire +a convenient place for the safe-keeping of prisoners committed under +authority of the United States. It will be seen from papers accompanying +this communication that the attention of the marshal of Massachusetts +was distinctly called to this provision of the law by a letter from +the Secretary of the Navy of the date of October 28 last. There is no +official information that the marshal has provided any such place for +the confinement of his prisoners. If he has not, it is to be regretted +that this power was not exercised by the marshal under the direction +of the district judge immediately on the passage of the act of the +legislature of Massachusetts of the 24th of March, 1843, and especially +that it was not exercised on the passage of the fugitive-slave law of +the last session, or when the attention of the marshal was afterwards +particularly drawn to it. + +It is true that the escape from the deputy marshals in this case was not +owing to the want of a prison or place of confinement, but still it is +not easy to see how the prisoner could have been safely and conveniently +detained during an adjournment of the hearing for some days without such +place of confinement. If it shall appear that no such place has been +obtained, directions to the marshal will be given to lose no time in the +discharge of this duty. + +I transmit to the Senate the copy of a proclamation issued by me on the +18th instant in relation to these unexpected and deplorable occurrences +in Boston, together with copies of instructions from the Departments of +War and Navy relative to the general subject. And I communicate also +copies of telegraphic dispatches transmitted from the Department of +State to the district attorney and marshal of the United States for +the district of Massachusetts and their answers thereto. + +In regard to the last branch of the inquiry made by the resolution of +the Senate, I have to observe that the Constitution declares that "the +President shall take care that the laws be faithfully executed," and +that "he shall be Commander in Chief of the Army and Navy of the United +States, and of the militia of the several States when called into the +actual service of the United States," and that "Congress shall have +power to provide for calling forth the militia to execute the laws of +the Union, suppress insurrections, and repel invasions." From which it +appears that the Army and Navy are by the Constitution placed under the +control of the Executive; and probably no legislation of Congress could +add to or diminish the power thus given but by increasing or diminishing +or abolishing altogether the Army and Navy. But not so with the militia. +The President can not call the militia into service, even to execute the +laws or repel invasions, but by the authority of acts of Congress passed +for that purpose. But when the militia are called into service in the +manner prescribed by law, then the Constitution itself gives the command +to the President. Acting on this principle, Congress, by the act of +February 28, 1795, authorized the President to call forth the militia to +repel invasion and "suppress insurrections against a State government, +and to suppress combinations against the laws of the United States, and +cause the laws to be faithfully executed." But the act proceeds to +declare that whenever it may be necessary, in the judgment of the +President, to use the military force thereby directed to be called +forth, the President shall forthwith, by proclamation, command such +insurgents to disperse and retire peaceably to their respective abodes +within a limited time. These words are broad enough to require a +proclamation in all cases where militia are called out under that act, +whether to repel invasion or suppress an insurrection or to aid in +executing the laws. This section has consequently created some doubt +whether the militia could be called forth to aid in executing the laws +without a previous proclamation. But yet the proclamation seems to be in +words directed only against insurgents, and to require them to disperse, +thereby implying not only an insurrection, but an organized, or at least +an embodied, force. Such a proclamation in aid of the civil authority +would often defeat the whole object by giving such notice to persons +intended to be arrested that they would be enabled to fly or secrete +themselves. The force may be wanted sometimes to make the arrest, and +also sometimes to protect the officer after it is made, and to prevent +a rescue. I would therefore suggest that this section be modified by +declaring that nothing therein contained shall be construed to require +any previous proclamation when the militia are called forth, either to +repel invasion, to execute the laws, or suppress combinations against +them, and that the President may make such call and place such militia +under the control of any civil officer of the United States to aid him +in executing the laws or suppressing such combinations; and while so +employed they shall be paid by and subsisted at the expense of the +United States. + +Congress, not probably adverting to the difference between the militia +and the Regular Army, by the act of March 3, 1807, authorized the +President to use the land and naval forces of the United States for the +same purposes for which he might call forth the militia, and subject +to the same proclamation. But the power of the President under the +Constitution, as Commander of the Army and Navy, is general, and his +duty to see the laws faithfully executed is general and positive; and +the act of 1807 ought not to be construed as evincing any disposition in +Congress to limit or restrain this constitutional authority. For greater +certainty, however, it may be well that Congress should modify or +explain this act in regard to its provisions for the employment of the +Army and Navy of the United States, as well as that in regard to calling +forth the militia. It is supposed not to be doubtful that all citizens, +whether enrolled in the militia or not, may be summoned as members of +the _posse comitatus_, either by the marshal or a commissioner +according to law, and that it is their duty to obey such summons. But +perhaps it may be doubted whether the marshal or a commissioner can +summon as the _posse comitatus_ an organized militia force, acting +under its own appropriate officers, without the consent of such +officers. This point may deserve the consideration of Congress. + +I use this occasion to repeat the assurance that so far as depends on me +the laws shall be faithfully executed and all forcible opposition to +them suppressed; and to this end I am prepared to exercise, whenever +it may become necessary, the power constitutionally vested in me to +the fullest extent. I am fully persuaded that the great majority of +the people of this country are warmly and strongly attached to the +Constitution, the preservation of the Union, the just support of the +Government, and the maintenance of the authority of law. I am persuaded +that their earnest wishes and the line of my constitutional duty +entirely concur, and I doubt not firmness, moderation, and prudence, +strengthened and animated by the general opinion of the people, will +prevent the repetition of occurrences disturbing the public peace and +reprobated by all good men. + +MILLARD FILLMORE + + + +WASHINGTON, _February 25, 1851_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a convention between the United States and the Mexican +Republic for the protection of a transit way across the Isthmus of +Tehuantepec, signed in the City of Mexico on the 25th ultimo. + +Accompanying the treaty is a letter from Mr. P.A. Hargous, the present +proprietor and holder of the privileges granted by Mexico, signifying +his assent to and acceptance of the terms of its provisions. There is +also an abstract of title to him from the original grantee and copies +of the several powers and conveyances by which that title is derived to +him. It may be well that these papers should be returned to be deposited +among the archives of the Department of State. + +The additional article of the treaty makes an unnecessary reference to +the eleventh, twelfth, and thirteenth articles of the treaty of the 22d +of June last, because the eleventh, twelfth, and thirteenth articles +of the present treaty contain exactly the same provisions as those +contained in the same articles of that treaty, as will appear from the +copy of the treaty of the 22d of June last, herewith communicated. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 26, 1851_. + +_To the Senate of the United States_: + +I herewith communicate to the Senate, for its consideration, a +convention for the adjustment of certain claims of citizens of the +United States against Her Most Faithful Majesty's Government,[10] +concluded and signed this day in the city of Washington by the +respective plenipotentiaries. + +MILLARD FILLMORE. + +[Footnote 10: Portugal.] + + + +WASHINGTON, _February 27, 1851_. + +_To the Senate of the United States_: + +I transmit herewith a report of the Secretary of State, with +accompanying documents,[11] in compliance with the resolution of the +Senate of the 17th ultimo. + +MILLARD FILLMORE. + +[Footnote 11: Correspondence relative to prisoners captured by Spanish +authorities at or near the island of Contoy, and to projected +expeditions to Cuba.] + + + +WASHINGTON, _February 28, 1851_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 16th ultimo, requesting +information touching the difficulties between the British authorities +and San Salvador, I transmit a report from the Secretary of State and +the documents which accompanied it. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 1, 1851_. + +Hon. Howell Cobb, + +_Speaker of the House of Representatives_: + +I have the honor herewith to transmit to the House of Representatives +manuscript No. 2 of the opinions of the Attorneys-General, prepared in +pursuance of its resolution. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 3, 1851_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 26th ultimo, calling +for information respecting a forcible abduction of any citizen of the +United States from the Territory of New Mexico and his conveyance within +the limits of the Mexican Republic, I transmit a report from the +Secretary of State and the documents which accompanied it. + +MILLARD FILLMORE. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +Whereas by an act of the Congress of the United States of the 9th of +September, 1850, entitled "An act proposing to the State of Texas the +establishment of her northern and western boundaries, the relinquishment +by the said State of all territory claimed by her exterior to said +boundaries and of all her claims upon the United States, and to +establish a Territorial government for New Mexico," it was provided that +the following propositions should be, and the same were thereby, offered +to the State of Texas, which, when agreed to by the said State in an act +passed by the general assembly, should be binding and obligatory upon +the United States and upon the said State of Texas, provided the said +agreement by the said general assembly should be given on or before the +1st day of December, 1850, namely: + +"First. The State of Texas will agree that her boundary on the north +shall commence at the point at which the meridian of 100 deg. west from +Greenwich is intersected by the parallel of 36 deg. 30' north latitude, and +shall run from said point due west to the meridian of 103 deg. west from +Greenwich; thence her boundary shall run due south to the thirty-second +degree of north latitude; thence on the said parallel of 32 deg. of north +latitude to the Rio Bravo del Norte, and thence with the channel of said +river to the Gulf of Mexico. + +"Second. The State of Texas cedes to the United States all her claim to +territory exterior to the limits and boundaries which she agrees to +establish by the first article of this agreement. + +"Third. The State of Texas relinquishes all claim upon the United States +for liability of the debts of Texas and for compensation or indemnity +for the surrender to the United States of her ships, forts, arsenals, +custom-houses, custom-house revenue, arms and munitions of war, and +public buildings with their sites, which became the property of the +United States at the time of the annexation. + +"Fourth. The United States, in consideration of said establishment of +boundaries, cession of claim to territory, and relinquishment of claims, +will pay to the State of Texas the sum of $10,000,000 in a stock bearing +5 per cent interest, and redeemable at the end of fourteen years, the +interest payable half-yearly at the Treasury of the United States. + +"Fifth. Immediately after the President of the United States shall have +been furnished with an authentic copy of the act of the general assembly +of Texas accepting these propositions, he shall cause the stock to be +issued in favor of the State of Texas, as provided for in the fourth +article of this agreement: _Provided also_, That no more than $5,000,000 +of said stock shall be issued until the creditors of the State holding +bonds and other certificates of stock of Texas for which duties on +imports were specially pledged shall first file at the Treasury of +the United States releases of all claim against the United States +for or on account of said bonds or certificates in such form as +shall be prescribed by the Secretary of the Treasury and approved by +the President of the United States: _Provided_, That nothing herein +contained shall be construed to impair or qualify anything contained in +the third article of the second section of the 'Joint resolution for +annexing Texas to the United States,' approved March 1, 1845, either as +regards the number of States that may hereafter be formed out of the +State of Texas or otherwise;" and + +Whereas it was further provided by the eighteenth section of the same +act of Congress "that the provisions of this act be, and they are +hereby, suspended until the boundary between the United States and the +State of Texas shall be adjusted, and when such adjustment shall have +been effected the President of the United States shall issue his +proclamation declaring this act to be in full force and operation;" and + +Whereas the legislature of the State of Texas, by an act approved the +25th of November last, entitled "An act accepting the propositions made +by the United States to the State of Texas in an act of the Congress of +the United States approved the 9th day of September, A.D. 1850, and +entitled 'An act proposing to the State of Texas the establishment of +her northern and western boundaries, the relinquishment by the said +State of all territory claimed by her exterior to said boundaries and of +all her claims upon the United States, and to establish a Territorial +government for New Mexico,'" of which act a copy, authenticated under +the seal of the State, has been furnished to the President, enacts "that +the State of Texas hereby agrees to and accepts said propositions, and +it is hereby declared that the said State shall be bound by the terms +thereof, according to their true import and meaning." + +Now, therefore, I, Millard Fillmore, President of the United States +of America, do hereby declare and proclaim that the said act of the +Congress of the United States of the 9th of September last is in full +force and operation. + +[SEAL.] + +Given under my hand, at the city of Washington, this 13th day of +December, A.D. 1850, and the seventy-fifth of the Independence of these +United States. + +MILLARD FILLMORE. + +By the President: + DANL. WEBSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + + +Whereas information has been received that sundry lawless persons, +principally persons of color, combined and confederated together for the +purpose of opposing by force the execution of the laws of the United +States, did, at Boston, in Massachusetts, on the 15th of this month, +make a violent assault on the marshal or deputy marshals of the United +States for the district of Massachusetts, in the court-house, and did +overcome the said officers, and did by force rescue from their custody +a person arrested as a fugitive slave, and then and there a prisoner +lawfully holden by the said marshal or deputy marshals of the United +States, and other scandalous outrages did commit in violation of law: + +Now, therefore, to the end that the authority of the laws may be +maintained and those concerned in violating them brought to immediate +and condign punishment, I have issued this my proclamation, calling on +all well-disposed citizens to rally to the support of the laws of their +country, and requiring and commanding all officers, civil and military, +and all other persons, civil or military, who shall be found within the +vicinity of this outrage, to be aiding and assisting by all means in +their power in quelling this and other such combinations and assisting +the marshal and his deputies in recapturing the above-mentioned +prisoner; and I do especially direct that prosecutions be commenced +against all persons who shall have made themselves aiders or abettors +in or to this flagitious offense; and I do further command that the +district attorney of the United States and all other persons concerned +in the administration or execution of the laws of the United States +cause the foregoing offenders and all such as aided, abetted, or +assisted them or shall be found to have harbored or concealed such +fugitive contrary to law to be immediately arrested and proceeded with +according to law. + +Given under my hand and the seal of the United States this 18th day of +February, 1851. + +[SEAL.] + +MILLARD FILLMORE. + +DANL. WEBSTER, + _Secretary of State_. + + + + +[From Executive Journal of the Senate, Vol. VIII, p. 299.] + + +WASHINGTON, _March 3, 1851_. + +_To the Senators of the United States, respectively_. + +SIR: Whereas divers and weighty causes connected with executive business +necessary to be transacted create an extraordinary occasion requiring +that the Senate be convened, you are therefore requested, as a member of +that body, to attend a meeting thereof to be holden at the Capitol, in +the city of Washington, on the 4th day of March instant. + +MILLARD FILLMORE. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _March 4, 1851_. + +_To the Senate of the United States_: + +Sundry nominations having been made during the last session of the +Senate which were not finally disposed of, I hereby nominate anew each +person so nominated at the last session whose nomination was not finally +acted on before the termination of that session to the same office for +which he was nominated as aforesaid. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 10, 1851_. + +_To the Senate of the United States_: + +I transmit herewith a report of the Secretary of State, with the +accompanying documents,[12] in compliance with the resolution of the +Senate of the 8th instant. + +MILLARD FILLMORE. + +[Footnote 12: Correspondence with the United States minister at +Constantinople respecting the liberation of Kossuth and his companions.] + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + + +Whereas there is reason to believe that a military expedition is about +to be fitted out in the United States with intention to invade the +island of Cuba, a colony of Spain, with which this country is at +peace; and + +Whereas it is believed that this expedition is instigated and set on +foot chiefly by foreigners who dare to make our shores the scene of +their guilty and hostile preparations against a friendly power and +seek by falsehood and misrepresentation to seduce our own citizens, +especially the young and inconsiderate, into their wicked schemes--an +ungrateful return for the benefits conferred upon them by this people +in permitting them to make our country an asylum from oppression and +in flagrant abuse of the hospitality thus extended to them; and + +Whereas such expeditions can only be regarded as adventures for plunder +and robbery, and must meet the condemnation of the civilized world, +whilst they are derogatory to the character of our country, in violation +of the laws of nations, and expressly prohibited by our own. Our +statutes declare "that if any person shall, within the territory or +jurisdiction of the United States, begin or set on foot or provide or +prepare the means for any military expedition or enterprise to be +carried on from thence against the territory or dominions of any foreign +prince or state or of any colony, district, or people with whom the +United States are at peace, every person so offending shall be deemed +guilty of a high misdemeanor and shall be fined not exceeding $3,000 and +imprisoned not more than three years:" + +Now, therefore, I have issued this my proclamation, warning all persons +who shall connect themselves with any such enterprise or expedition in +violation of our laws and national obligations that they will thereby +subject themselves to the heavy penalties denounced against such +offenses and will forfeit their claim to the protection of this +Government or any interference on their behalf, no matter to what +extremities they may be reduced in consequence of their illegal conduct. +And therefore I exhort all good citizens, as they regard our national +reputation, as they respect their own laws and the laws of nations, as +they value the blessings of peace and the welfare of their country, to +discountenance and by all lawful means prevent any such enterprise; and +I call upon every officer of this Government, civil or military, to use +all efforts in his power to arrest for trial and punishment every such +offender against the laws of the country. + +Given under my hand the 25th day of April, A.D. 1851, and the +seventy-fifth of the Independence of the United States. + +[SEAL.] + +MILLARD FILLMORE. + +By the President: + W.S. DERRICK, + _Acting Secretary of State_. + + + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + + +Whereas there is reason to believe that a military expedition is about +to be fitted out in the United States for the purpose of invading the +Mexican Republic, with which this country is at peace; and + +Whereas there is reason to apprehend that a portion of the people of +this country, regardless of their duties as good citizens, are concerned +in or may be seduced to take part in the same; and + +Whereas such enterprises tend to degrade the character of the United +States in the opinion of the civilized world and are expressly +prohibited by law: + +Now, therefore, I have issued this my proclamation, warning all persons +who shall connect themselves with any such enterprise in violation of +the laws and national obligations of the United States that they will +thereby subject themselves to the heavy penalties denounced against such +offenses; that if they should be captured within the jurisdiction of the +Mexican authorities they must expect to be tried and punished according +to the laws of Mexico and will have no right to claim the interposition +of this Government in their behalf. + +I therefore exhort all well-disposed citizens who have at heart the +reputation of their country and are animated with a just regard for its +laws, its peace, and its welfare to discountenance and by all lawful +means prevent any such enterprise; and I call upon every officer of this +Government, civil or military, to be vigilant in arresting for trial and +punishment every such offender. + +Given under my hand the 22d day of October, A.D. 1851, and the +seventy-sixth of the Independence of the United States. + +[SEAL.] + +MILLARD FILLMORE. + +By the President: + J.J. CRITTENDEN, + _Acting Secretary of State_. + + + + +SECOND ANNUAL MESSAGE. + + +WASHINGTON, _December 2, 1851_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +I congratulate you and our common constituency upon the favorable +auspices under which you meet for your first session. Our country is +at peace with all the world. The agitation which for a time threatened +to disturb the fraternal relations which make us one people is fast +subsiding, and a year of general prosperity and health has crowned the +nation with unusual blessings. None can look back to the dangers which +are passed or forward to the bright prospect before us without feeling a +thrill of gratification, at the same time that he must be impressed with +a grateful sense of our profound obligations to a beneficent Providence, +whose paternal care is so manifest in the happiness of this highly +favored land. + +Since the close of the last Congress certain Cubans and other foreigners +resident in the United States, who were more or less concerned in the +previous invasion of Cuba, instead of being discouraged by its failure +have again abused the hospitality of this country by making it the scene +of the equipment of another military expedition against that possession +of Her Catholic Majesty, in which they were countenanced, aided, and +joined by citizens of the United States. On receiving intelligence +that such designs were entertained, I lost no time in issuing such +instructions to the proper officers of the United States as seemed to +be called for by the occasion. By the proclamation a copy of which +is herewith submitted I also warned those who might be in danger of +being inveigled into this scheme of its unlawful character and of the +penalties which they would incur. For some time there was reason to hope +that these measures had sufficed to prevent any such attempt. This hope, +however, proved to be delusive. Very early in the morning of the 3d of +August a steamer called the _Pampero_ departed from New Orleans for +Cuba, having on board upward of 400 armed men with evident intentions +to make war upon the authorities of the island. This expedition was +set on foot in palpable violation of the laws of the United States. +Its leader was a Spaniard, and several of the chief officers and some +others engaged in it were foreigners. The persons composing it, however, +were mostly citizens of the United States. + +Before the expedition set out, and probably before it was organized, +a slight insurrectionary movement, which appears to have been soon +suppressed, had taken place in the eastern quarter of Cuba. The +importance of this movement was, unfortunately, so much exaggerated in +the accounts of it published in this country that these adventurers seem +to have been led to believe that the Creole population of the island not +only desired to throw off the authority of the mother country, but had +resolved upon that step and had begun a well-concerted enterprise for +effecting it. The persons engaged in the expedition were generally young +and ill informed. The steamer in which they embarked left New Orleans +Stealthily and without a clearance. After touching at Key West, she +proceeded to the coast of Cuba, and on the night between the 11th and +12th of August landed the persons on board at Playtas, within about 20 +leagues of Havana. + +The main body of them proceeded to and took possession of an inland +village 6 leagues distant, leaving others to follow in charge of the +baggage as soon as the means of transportation could be obtained. The +latter, having taken up their line of march to connect themselves with +the main body, and having proceeded about 4 leagues into the country, +were attacked on the morning of the 13th by a body of Spanish troops, +and a bloody conflict ensued, after which they retreated to the place of +disembarkation, where about 50 of them obtained boats and reembarked +therein. They were, however, intercepted among the keys near the shore +by a Spanish steamer cruising on the coast, captured and carried to +Havana, and after being examined before a military court were sentenced +to be publicly executed, and the sentence was carried into effect on the +16th of August. + +On receiving information of what had occurred Commodore Foxhall A. +Parker was instructed to proceed in the steam frigate _Saranac_ to +Havana and inquire into the charges against the persons executed, the +circumstances under which they were taken, and whatsoever referred to +their trial and sentence. Copies of the instructions from the Department +of State to him and of his letters to that Department are herewith +submitted. + +According to the record of the examination, the prisoners all admitted +the offenses charged against them, of being hostile invaders of the +island. At the time of their trial and execution the main body of the +invaders was still in the field making war upon the Spanish authorities +and Spanish subjects. After the lapse of some days, being overcome by +the Spanish troops, they dispersed on the 24th of August. Lopez, their +leader, was captured some days after, and executed on the 1st of +September. Many of his remaining followers were killed or died of hunger +and fatigue, and the rest were made prisoners. Of these none appear +to have been tried or executed. Several of them were pardoned upon +application of their friends and others, and the rest, about 160 in +number, were sent to Spain. Of the final disposition made of these we +have no official information. + +Such is the melancholy result of this illegal and ill-fated expedition. +Thus thoughtless young men have been induced by false and fraudulent +representations to violate the law of their country through rash and +unfounded expectations of assisting to accomplish political revolutions +in other states, and have lost their lives in the undertaking. Too +severe a judgment can hardly be passed by the indignant sense of the +community upon those who, being better informed themselves, have yet led +away the ardor of youth and an ill-directed love of political liberty. +The correspondence between this Government and that of Spain relating +to this transaction is herewith communicated. + +Although these offenders against the laws have forfeited the protection +of their country, yet the Government may, so far as consistent with its +obligations to other countries and its fixed purpose to maintain and +enforce the laws, entertain sympathy for their unoffending families and +friends, as well as a feeling of compassion for themselves. Accordingly, +no proper effort has been spared and none will be spared to procure the +release of such citizens of the United States engaged in this unlawful +enterprise as are now in confinement in Spain; but it is to be hoped +that such interposition with the Government of that country may not be +considered as affording any ground of expectation that the Government of +the United States will hereafter feel itself under any obligation of +duty to intercede for the liberation or pardon of such persons as are +flagrant offenders against the law of nations and the laws of the United +States. These laws must be executed. If we desire to maintain our +respectability among the nations of the earth, it behooves us to enforce +steadily and sternly the neutrality acts passed by Congress and to +follow as far as may be the violation of those acts with condign +punishment. + +But what gives a peculiar criminality to this invasion of Cuba is that, +under the lead of Spanish subjects and with the aid of citizens of the +United States, it had its origin with many in motives of cupidity. Money +was advanced by individuals, probably in considerable amounts, to +purchase Cuban bonds, as they have been called, issued by Lopez, sold, +doubtless, at a very large discount, and for the payment of which the +public lands and public property of Cuba, of whatever kind, and the +fiscal resources of the people and government of that island, from +whatever source to be derived, were pledged, as well as the good faith +of the government expected to be established. All these means of +payment, it is evident, were only to be obtained by a process of +bloodshed, war, and revolution. None will deny that those who set on +foot military expeditions against foreign states by means like these +are far more culpable than the ignorant and the necessitous whom they +induce to go forth as the ostensible parties in the proceeding. These +originators of the invasion of Cuba seem to have determined with +coolness and system upon an undertaking which should disgrace their +country, violate its laws, and put to hazard the lives of ill-informed +and deluded men. You will consider whether further legislation be +necessary to prevent the perpetration of such offenses in future. + +No individuals have a right to hazard the peace of the country or to +violate its laws upon vague notions of altering or reforming governments +in other states. This principle is not only reasonable in itself and in +accordance with public law, but is ingrafted into the codes of other +nations as well as our own. But while such are the sentiments of this +Government, it may be added that every independent nation must be +presumed to be able to defend its possessions against unauthorized +individuals banded together to attack them. The Government of the United +States at all times since its establishment has abstained and has sought +to restrain the citizens of the country from entering into controversies +between other powers, and to observe all the duties of neutrality. At an +early period of the Government, in the Administration of Washington, +several laws were passed for this purpose. The main provisions of these +laws were reenacted by the act of April, 1818, by which, amongst other +things, it was declared that-- + + If any person shall, within the territory or jurisdiction of the United + States, begin, or set on foot, or provide or prepare the means for, any + military expedition or enterprise to be carried on from thence against + the territory or dominions of any foreign prince or state, or of any + colony, district, or people, with whom the United States are at peace, + every person so offending shall be deemed guilty of a high misdemeanor, + and shall be fined not exceeding $3,000 and imprisoned not more than + three years. + + +And this law has been executed and enforced to the full extent of the +power of the Government from that day to this. + +In proclaiming and adhering to the doctrine of neutrality and +nonintervention, the United States have not followed the lead of other +civilized nations; they have taken the lead themselves and have been +followed by others. This was admitted by one of the most eminent of +modern British statesmen, who said in Parliament, while a minister of +the Crown, "that if he wished for a guide in a system of neutrality he +should take that laid down by America in the days of Washington and the +secretaryship of Jefferson;" and we see, in fact, that the act of +Congress of 1818 was followed the succeeding year by an act of the +Parliament of England substantially the same in its general provisions. +Up to that time there had been no similar law in England, except certain +highly penal statutes passed in the reign of George II, prohibiting +English subjects from enlisting in foreign service, the avowed object +of which statutes was that foreign armies, raised for the purpose of +restoring the house of Stuart to the throne, should not be strengthened +by recruits from England herself. + +All must see that difficulties may arise in carrying the laws referred +to into execution in a country now having 3,000 or 4,000 miles of +seacoast, with an infinite number of ports and harbors and small inlets, +from some of which unlawful expeditions may suddenly set forth, without +the knowledge of Government, against the possessions of foreign states. + +"Friendly relations with all, but entangling alliances with none," has +long been a maxim with us. Our true mission is not to propagate our +opinions or impose upon other countries our form of government by +artifice or force, but to teach by example and show by our success, +moderation, and justice the blessings of self-government and the +advantages of free institutions. Let every people choose for itself and +make and alter its political institutions to suit its own condition +and convenience. But while we avow and maintain this neutral policy +ourselves, we are anxious to see the same forbearance on the part of +other nations whose forms of government are different from our own. The +deep interest which we feel in the spread of liberal principles and the +establishment of free governments and the sympathy with which we witness +every struggle against oppression forbid that we should be indifferent +to a case in which the strong arm of a foreign power is invoked to +stifle public sentiment and repress the spirit of freedom in any +country. + +The Governments of Great Britain and France have issued orders to their +naval commanders on the West India station to prevent, by force if +necessary, the landing of adventurers from any nation on the island of +Cuba with hostile intent. The copy of a memorandum of a conversation on +this subject between the charge d'affaires of Her Britannic Majesty and +the Acting Secretary of State and of a subsequent note of the former to +the Department of State are herewith submitted, together with a copy of +a note of the Acting Secretary of State to the minister of the French +Republic and of the reply of the latter on the same subject. These +papers will acquaint you with the grounds of this interposition of two +leading commercial powers of Europe, and with the apprehensions, which +this Government could not fail to entertain, that such interposition, if +carried into effect, might lead to abuses in derogation of the maritime +rights of the United States. The maritime rights of the United States +are founded on a firm, secure, and well-defined basis; they stand +upon the ground of national independence and public law, and will be +maintained in all their full and just extent. The principle which this +Government has heretofore solemnly announced it still adheres to, and +will maintain under all circumstances and at all hazards. That principle +is that in every regularly documented merchant vessel the crew who +navigate it and those on board of it will find their protection in the +flag which is over them. No American ship can be allowed to be visited +or searched for the purpose of ascertaining the character of individuals +on board, nor can there be allowed any watch by the vessels of any +foreign nation over American vessels on the coast of the United States +or the seas adjacent thereto. It will be seen by the last communication +from the British charge d'affaires to the Department of State that he +is authorized to assure the Secretary of State that every care will be +taken that in executing the preventive measures against the expeditions +which the United States Government itself has denounced as not being +entitled to the protection of any government no interference shall take +place with the lawful commerce of any nation. + +In addition to the correspondence on this subject herewith submitted, +official information has been received at the Department of State of +assurances by the French Government that in the orders given to the +French naval forces they were expressly instructed, in any operations +they might engage in, to respect the flag of the United States wherever +it might appear, and to commit no act of hostility upon any vessel or +armament under its protection. + +Ministers and consuls of foreign nations are the means and agents of +communication between us and those nations, and it is of the utmost +importance that while residing in the country they should feel a perfect +security so long as they faithfully discharge their respective duties +and are guilty of no violation of our laws. This is the admitted law of +nations and no country has a deeper interest in maintaining it than the +United States. Our commerce spreads over every sea and visits every +clime, and our ministers and consuls are appointed to protect the +interests of that commerce as well as to guard the peace of the country +and maintain the honor of its flag. But how can they discharge these +duties unless they be themselves protected? And if protected it must be +by the laws of the country in which they reside. And what is due to our +own public functionaries residing in foreign nations is exactly the +measure of what is due to the functionaries of other governments +residing here. As in war the bearers of flags of truce are sacred, +or else wars would be interminable, so in peace ambassadors, public +ministers, and consuls, charged with friendly national intercourse, +are objects of especial respect and protection, each according to the +rights belonging to his rank and station. In view of these important +principles, it is with deep mortification and regret I announce to you +that during the excitement growing out of the executions at Havana the +office of Her Catholic Majesty's consul at New Orleans was assailed by +a mob, his property destroyed, the Spanish flag found in the office +carried off and torn in pieces, and he himself induced to flee for +his personal safety, which he supposed to be in danger. On receiving +intelligence of these events I forthwith directed the attorney of the +United States residing at New Orleans to inquire into the facts and the +extent of the pecuniary loss sustained by the consul, with the intention +of laying them before you, that you might make provision for such +indemnity to him as a just regard for the honor of the nation and the +respect which is due to a friendly power might, in your judgment, seem +to require. The correspondence upon this subject between the Secretary +of State and Her Catholic Majesty's minister plenipotentiary is herewith +transmitted. + +The occurrence at New Orleans has led me to give my attention to the +state of our laws in regard to foreign ambassadors, ministers, and +consuls. I think the legislation of the country is deficient in not +providing sufficiently either for the protection or the punishment of +consuls. I therefore recommend the subject to the consideration of +Congress. + +Your attention is again invited to the question of reciprocal trade +between the United States and Canada and other British possessions near +our frontier. Overtures for a convention upon this subject have been +received from Her Britannic Majesty's minister plenipotentiary, but +it seems to be in many respects preferable that the matter should be +regulated by reciprocal legislation. Documents are laid before you +showing the terms which the British Government is willing to offer and +the measures which it may adopt if some arrangement upon this subject +shall not be made. + +From the accompanying copy of a note from the British legation at +Washington and the reply of the Department of State thereto it will +appear that Her Britannic Majesty's Government is desirous that a part +of the boundary line between Oregon and the British possessions should +be authoritatively marked out, and that an intention was expressed to +apply to Congress for an appropriation to defray the expense thereof +on the part of the United States. Your attention to this subject is +accordingly invited and a proper appropriation recommended. + +A convention for the adjustment of claims of citizens of the United +States against Portugal has been concluded and the ratifications have +been exchanged. The first installment of the amount to be paid by +Portugal fell due on the 30th of September last and has been paid. + +The President of the French Republic, according to the provisions of the +convention, has been selected as arbiter in the case of the _General +Armstrong_, and has signified that he accepts the trust and the high +satisfaction he feels in acting as the common friend of two nations with +which France is united by sentiments of sincere and lasting amity. + +The Turkish Government has expressed its thanks for the kind reception +given to the Sultan's agent, Amin Bey, on the occasion of his recent +visit to the United States. On the 28th of February last a dispatch was +addressed by the Secretary of State to Mr. Marsh, the American minister +at Constantinople, instructing him to ask of the Turkish Government +permission for the Hungarians then imprisoned within the dominions of +the Sublime Porte to remove to this country. On the 3d of March last +both Houses of Congress passed a resolution requesting the President to +authorize the employment of a public vessel to convey to this country +Louis Kossuth and his associates in captivity. + +The instruction above referred to was complied with, and the Turkish +Government having released Governor Kossuth and his companions from +prison, on the 10th of September last they embarked on board of the +United States steam frigate _Mississippi_, which was selected to carry +into effect the resolution of Congress. Governor Kossuth left the +_Mississippi_ at Gibraltar for the purpose of making a visit to England, +and may shortly be expected in New York. By communications to the +Department of State he has expressed his grateful acknowledgments for +the interposition of this Government in behalf of himself and his +associates. This country has been justly regarded as a safe asylum for +those whom political events have exiled from their own homes in Europe, +and it is recommended to Congress to consider in what manner Governor +Kossuth and his companions, brought hither by its authority, shall be +received and treated. + +It is earnestly to be hoped that the differences which have for some +time past been pending between the Government of the French Republic and +that of the Sandwich Islands may be peaceably and durably adjusted so +as to secure the independence of those islands. Long before the events +which have of late imparted so much importance to the possessions of the +United States on the Pacific we acknowledged the independence of the +Hawaiian Government. This Government was first in taking that step, and +several of the leading powers of Europe immediately followed. We were +influenced in this measure by the existing and prospective importance of +the islands as a place of refuge and refreshment for our vessels engaged +in the whale fishery, and by the consideration that they lie in the +course of the great trade which must at no distant day be carried on +between the western coast of North America and eastern Asia. + +We were also influenced by a desire that those islands should not pass +under the control of any other great maritime state, but should remain +in an independent condition, and so be accessible and useful to the +commerce of all nations. I need not say that the importance of these +considerations has been greatly enhanced by the sudden and vast +development which the interests of the United States have attained in +California and Oregon, and the policy heretofore adopted in regard to +those islands will be steadily pursued. + +It is gratifying, not only to those who consider the commercial interests +of nations, but also to all who favor the progress of knowledge and the +diffusion of religion, to see a community emerge from a savage state and +attain such a degree of civilization in those distant seas. + +It is much to be deplored that the internal tranquillity of the Mexican +Republic should again be seriously disturbed, for since the peace +between that Republic and the United States it had enjoyed such +comparative repose that the most favorable anticipations for the future +might with a degree of confidence have been indulged. These, however, +have been thwarted by the recent outbreak in the State of Tamaulipas, +on the right bank of the Rio Bravo. Having received information that +persons from the United States had taken part in the insurrection, +and apprehending that their example might be followed by others, I +caused orders to be issued for the purpose of preventing any hostile +expeditions against Mexico from being set on foot in violation of the +laws of the United States. I likewise issued a proclamation upon the +subject, a copy of which is herewith laid before you. This appeared to +be rendered imperative by the obligations of treaties and the general +duties of good neighborhood. + +In my last annual message I informed Congress that citizens of the +United States had undertaken the connection of the two oceans by means +of a railroad across the Isthmus of Tehuantepec, under a grant of +the Mexican Government to a citizen of that Republic, and that this +enterprise would probably be prosecuted with energy whenever Mexico +should consent to such stipulations with the Government of the United +States as should impart a feeling of security to those who should invest +their property in the enterprise. + +A convention between the two Governments for the accomplishment of that +end has been ratified by this Government, and only awaits the decision +of the Congress and the Executive of that Republic. + +Some unexpected difficulties and delays have arisen in the ratification +of that convention by Mexico, but it is to be presumed that her decision +will be governed by just and enlightened views, as well of the general +importance of the object as of her own interests and obligations. + +In negotiating upon this important subject this Government has had +in view one, and only one, object. That object has been, and is, +the construction or attainment of a passage from ocean to ocean, the +shortest and the best for travelers and merchandise, and equally open to +all the world. It has sought to obtain no territorial acquisition, nor +any advantages peculiar to itself; and it would see with the greatest +regret that Mexico should oppose any obstacle to the accomplishment of +an enterprise which promises so much convenience to the whole commercial +world and such eminent advantages to Mexico herself. Impressed with +these sentiments and these convictions, the Government will continue to +exert all proper efforts to bring about the necessary arrangement with +the Republic of Mexico for the speedy completion of the work. + +For some months past the Republic of Nicaragua has been the theater of +one of those civil convulsions from which the cause of free institutions +and the general prosperity and social progress of the States of Central +America have so often and so severely suffered. Until quiet shall have +been restored and a government apparently stable shall have been +organized, no advance can prudently be made in disposing of the +questions pending between the two countries. + +I am happy to announce that an interoceanic communication from the +mouth of the St. John to the Pacific has been so far accomplished as +that passengers have actually traversed it and merchandise has been +transported over it, and when the canal shall have been completed +according to the original plan the means of communication will be +further improved. It is understood that a considerable part of the +railroad across the Isthmus of Panama has been completed, and that +the mail and passengers will in future be conveyed thereon. + +Whichever of the several routes between the two oceans may ultimately +prove most eligible for travelers to and from the different States on +the Atlantic and Gulf of Mexico and our coast on the Pacific, there is +little reason to doubt that all of them will be useful to the public, +and will liberally reward that individual enterprise by which alone they +have been or are expected to be carried into effect. + +Peace has been concluded between the contending parties in the island of +St. Domingo, and, it is hoped, upon a durable basis. Such is the extent +of our commercial relations with that island that the United States can +not fail to feel a strong interest in its tranquillity. + +The office of commissioner to China remains unfilled. Several persons +have been appointed, and the place has been offered to others, all of +whom have declined its acceptance on the ground of the inadequacy of the +compensation. The annual allowance by law is $6,000, and there is no +provision for any outfit. I earnestly recommend the consideration of +this subject to Congress. Our commerce with China is highly important, +and is becoming more and more so in consequence of the increasing +intercourse between our ports on the Pacific Coast and eastern Asia. +China is understood to be a country in which living is very expensive, +and I know of no reason why the American commissioner sent thither +should not be placed, in regard to compensation, on an equal footing +with ministers who represent this country at the Courts of Europe. + +By reference to the report of the Secretary of the Treasury it will be +seen that the aggregate receipts for the last fiscal year amounted to +$52,312,979.87, which, with the balance in the Treasury on the 1st July, +1850, gave as the available means for the year the sum of +$58,917,524.36. + +The total expenditures for the same period were $48,005,878.68. The +total imports for the year ending June 30, 1851, were $215,725,995, +of which there were in specie $4,967,901. The exports for the same +period were $217,517,130, of which there were of domestic products +$178,546,555; foreign goods reexported, $9,738,695; specie, $29,231,880. + +Since the 1st of December last the payments in cash on account of the +public debt, exclusive of interest, have amounted to $7,501,456.56, +which, however, includes the sum of $3,242,400, paid under the twelfth +article of the treaty with Mexico, and the further sum of $2,591,213.45, +being the amount of awards to American citizens under the late treaty +with Mexico, for which the issue of stock was authorized, but which was +paid in cash from the Treasury. + +The public debt on the 20th ultimo, exclusive of the stock authorized +to be issued to Texas by the act of 9th September, 1850, was +$62,560,395.26. + +The receipts for the next fiscal year are estimated at $51,800,000, +which, with the probable unappropriated balance in the Treasury on the +30th June next, will give as the probable available means for that year +the sum of $63,258,743.09. + +It has been deemed proper, in view of the large expenditures consequent +upon the acquisition of territory from Mexico, that the estimates for +the next fiscal year should be laid before Congress in such manner as +to distinguish the expenditures so required from the otherwise ordinary +demands upon the Treasury. + +The total expenditures for the next fiscal year are estimated at +$42,892,299.19, of which there is required for the ordinary purposes of +the Government, other than those consequent upon the acquisition of our +new territories, and deducting the payments on account of the public +debt, the sum of $33,343,198.08, and for the purposes connected, +directly or indirectly, with those territories and in the fulfillment of +the obligations of the Government contracted in consequence of their +acquisition the sum of $9,549,101.11. + +If the views of the Secretary of the Treasury in reference to the +expenditures required for these territories shall be met by +corresponding action on the part of Congress, and appropriations made in +accordance therewith, there will be an estimated unappropriated balance +in the Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to +meet that portion of the public debt due on the 1st of July following, +amounting to $6,237,931.35, as well as any appropriations which may be +made beyond the estimates. + +In thus referring to the estimated expenditures on account of our newly +acquired territories, I may express the hope that Congress will concur +with me in the desire that a liberal course of policy may be pursued +toward them, and that every obligation, express or implied, entered into +in consequence of their acquisition shall be fulfilled by the most +liberal appropriations for that purpose. + +The values of our domestic exports for the last fiscal year, as compared +with those of the previous year, exhibit an increase of $43,646,322. At +first view this condition of our trade with foreign nations would seem +to present the most flattering hopes of its future prosperity. An +examination of the details of our exports, however, will show that the +increased value of our exports for the last fiscal year is to be found +in the high price of cotton which prevailed during the first half of +that year, which price has since declined about one-half. + +The value of our exports of breadstuffs and provisions, which it was +supposed the incentive of a low tariff and large importations from +abroad would have greatly augmented, has fallen from $68,701,921 in +1847 to $26,051,373 in 1850 and to $21,948,653 in 1851, with a strong +probability, amounting almost to a certainty, of a still further +reduction in the current year. + +The aggregate values of rice exported during the last fiscal year, as +compared with the previous year, also exhibit a decrease, amounting to +$460,917, which, with a decline in the values of the exports of tobacco +for the same period, make an aggregate decrease in these two articles of +$1,156,751. + +The policy which dictated a low rate of duties on foreign merchandise, +it was thought by those who promoted and established it, would tend to +benefit the farming population of this country by increasing the demand +and raising the price of agricultural products in foreign markets. + +The foregoing facts, however, seem to show incontestably that no such +result has followed the adoption of this policy. On the contrary, +notwithstanding the repeal of the restrictive corn laws in England, the +foreign demand for the products of the American farmer has steadily +declined, since the short crops and consequent famine in a portion +of Europe have been happily replaced by full crops and comparative +abundance of food. + +It will be seen by recurring to the commercial statistics for the past +year that the value of our domestic exports has been increased in the +single item of raw cotton by $40,000,000 over the value of that export +for the year preceding. This is not due to any increased general demand +for that article, but to the short crop of the preceding year, which +created an increased demand and an augmented price for the crop of last +year. Should the cotton crop now going forward to market be only equal +in quantity to that of the year preceding and be sold at the present +prices, then there would be a falling off in the value of our exports +for the present fiscal year of at least $40,000,000 compared with the +amount exported for the year ending 30th June, 1851. + +The production of gold in California for the past year seems to promise +a large supply of that metal from that quarter for some time to come. +This large annual increase of the currency of the world must be attended +with its usual results. These have been already partially disclosed +in the enhancement of prices and a rising spirit of speculation and +adventure, tending to overtrading, as well at home as abroad. Unless +some salutary check shall be given to these tendencies it is to be +feared that importations of foreign goods beyond a healthy demand in +this country will lead to a sudden drain of the precious metals from us, +bringing with it, as it has done in former times, the most disastrous +consequences to the business and capital of the American people. + +The exports of specie to liquidate our foreign debt during the past +fiscal year have been $24,263,979 over the amount of specie imported. +The exports of specie during the first quarter of the present fiscal +year have been $14,651,827. Should specie continue to be exported at +this rate for the remaining three quarters of this year, it will drain +from our metallic currency during the year ending 30th June, 1852, the +enormous amount of $58,607,308. + +In the present prosperous condition of the national finances it will +become the duty of Congress to consider the best mode of paying off the +public debt. If the present and anticipated surplus in the Treasury +should not be absorbed by appropriations of an extraordinary character, +this surplus should be employed in such way and under such restrictions +as Congress may enact in extinguishing the outstanding debt of the +nation. + +By reference to the act of Congress approved 9th September, 1850, it +will be seen that, in consideration of certain concessions by the State +of Texas, it is provided that-- + + The United States shall pay to the State of Texas the sum of $10,000,000 + in a stock bearing 5 per cent interest and redeemable at the end of + fourteen years, the interest payable half-yearly at the Treasury of + the United States. + +In the same section of the law it is further provided-- + + That no more than five millions of said stock shall be issued until the + creditors of the State holding bonds and other certificates of stock of + Texas, _for which duties on imports were specially_ pledged, shall first + file at the Treasury of the United States releases of all claims against + the United States for or on account of said bonds or certificates, in + such form as shall be prescribed by the Secretary of the Treasury and + approved by the President of the United States. + +The form of release thus provided for has been prescribed by the +Secretary of the Treasury and approved. It has been published in all +the leading newspapers in the commercial cities of the United States, +and all persons holding claims of the kind specified in the foregoing +proviso were required to file their releases (in the form thus +prescribed) in the Treasury of the United States on or before the 1st +day of October, 1851. Although this publication has been continued +from the 25th day of March, 1851, yet up to the 1st of October last +comparatively few releases had been filed by the creditors of Texas. + +The authorities of the State of Texas, at the request of the Secretary +of the Treasury, have furnished a schedule of the public debt of that +State created prior to her admission into the Union, with a copy of the +laws under which each class was contracted. + +I have, from the documents furnished by the State of Texas, determined +the classes of claims which in my judgment fall within the provisions of +the act of Congress of the 9th of September, 1850. + +On being officially informed of the acceptance by Texas of the +propositions contained in the act referred to I caused the stock to be +prepared, and the five millions which are to be issued unconditionally, +bearing an interest of 5 per cent from the 1st day of January, 1851, +have been for some time ready to be delivered to the State of Texas. The +authorities of Texas up to the present time have not authorized anyone +to receive this stock, and it remains in the Treasury Department subject +to the order of Texas. + +The releases required by law to be deposited in the Treasury not having +been filed there, the remaining five millions have not been issued. +This last amount of the stock will be withheld from Texas until the +conditions upon which it is to be delivered shall be complied with by +the creditors of that State, unless Congress shall otherwise direct by +a modification of the law. + +In my last annual message, to which I respectfully refer, I stated +briefly the reasons which induced me to recommend a modification of +the present tariff by converting the _ad valorem_ into a specific duty +wherever the article imported was of such a character as to permit it, +and that such a discrimination should be made in favor of the industrial +pursuits of our own country as to encourage home production without +excluding foreign competition. + +The numerous frauds which continue to be practiced upon the revenue by +false invoices and undervaluations constitute an unanswerable reason for +adopting specific instead of _ad valorem_ duties in all cases where the +nature of the commodity does not forbid it. A striking illustration of +these frauds will be exhibited in the report of the Secretary of the +Treasury, showing the custom-house valuation of articles imported under +a former law, subject to specific duties, when there was no inducement +to undervaluation, and the custom-house valuations of the same articles +under the present system of _ad valorem_ duties, so greatly reduced +as to leave no doubt of the existence of the most flagrant abuses under +the existing laws. This practical evasion of the present law, combined +with the languishing condition of some of the great interests of the +country, caused by overimportations and consequent depressed prices, +and with the failure in obtaining a foreign market for our increasing +surplus of breadstuffs and provisions, has induced me again to recommend +a modification of the existing tariff. + +The report of the Secretary of the Interior, which accompanies this +communication, will present a condensed statement of the operations +of that important Department of the Government. + +It will be seen that the cash sales of the public lands exceed those +of the preceding year, and that there is reason to anticipate a still +further increase, notwithstanding the large donations which have been +made to many of the States and the liberal grants to individuals as +a reward for military services. This fact furnishes very gratifying +evidence of the growing wealth and prosperity of our country. + +Suitable measures have been adopted for commencing the survey of the +public lands in California and Oregon. Surveying parties have been +organized and some progress has been made in establishing the principal +base and meridian lines. But further legislation and additional +appropriations will be necessary before the proper subdivisions can +be made and the general land system extended over those remote parts +of our territory. + +On the 3d of March last an act was passed providing for the appointment +of three commissioners to settle private land claims in California. +Three persons were immediately appointed, all of whom, however, +declined accepting the office in consequence of the inadequacy of the +compensation. Others were promptly selected, who for the same reason +also declined, and it was not until late in the season that the services +of suitable persons could be secured. A majority of the commissioners +convened in this city on the 10th of September last, when detailed +instructions were given to them in regard to their duties. Their first +meeting for the transaction of business will be held in San Francisco +on the 8th day of the present month. + +I have thought it proper to refer to these facts, not only to explain +the causes of the delay in filling the commission, but to call your +attention to the propriety of increasing the compensation of the +commissioners. The office is one of great labor and responsibility, +and the compensation should be such as to command men of a high order +of talents and the most unquestionable integrity. + +The proper disposal of the mineral lands of California is a subject +surrounded by great difficulties. In my last annual message I +recommended the survey and sale of them in small parcels under +such restrictions as would effectually guard against monopoly and +speculation; but upon further information, and in deference to the +opinions of persons familiar with the subject, I am inclined to change +that recommendation and to advise that they be permitted to remain as at +present, a common field, open to the enterprise and industry of all our +citizens, until further experience shall have developed the best policy +to be ultimately adopted in regard to them. It is safer to suffer the +inconveniences that now exist for a short period than by premature +legislation to fasten on the country a system founded in error, which +may place the whole subject beyond the future control of Congress. + +The agricultural lands should, however, be surveyed and brought into +market with as little delay as possible, that the titles may become +settled and the inhabitants stimulated to make permanent improvements +and enter on the ordinary pursuits of life. To effect these objects +it is desirable that the necessary provision be made by law for the +establishment of land offices in California and Oregon and for the +efficient prosecution of the surveys at an early day. + +Some difficulties have occurred in organizing the Territorial +governments of New Mexico and Utah, and when more accurate information +shall be obtained of the causes a further communication will be made on +that subject. + +In my last annual communication to Congress I recommended the +establishment of an agricultural bureau, and I take this occasion +again to invoke your favorable consideration of the subject. + +Agriculture may justly be regarded as the great interest of our people. +Four-fifths of our active population are employed in the cultivation of +the soil, and the rapid expansion of our settlements over new territory +is daily adding to the number of those engaged in that vocation. Justice +and sound policy, therefore, alike require that the Government should +use all the means authorized by the Constitution to promote the +interests and welfare of that important class of our fellow-citizens. +And yet it is a singular fact that whilst the manufacturing and +commercial interests have engaged the attention of Congress during a +large portion of every session and our statutes abound in provisions for +their protection and encouragement, little has yet been done directly +for the advancement of agriculture. It is time that this reproach to our +legislation should be removed, and I sincerely hope that the present +Congress will not close their labors without adopting efficient means +to supply the omissions of those who have preceded them. + +An agricultural bureau, charged with the duty of collecting and +disseminating correct information as to the best modes of cultivation +and of the most effectual means of preserving and restoring the +fertility of the soil and of procuring and distributing seeds and plants +and other vegetable productions, with instructions in regard to the +soil, climate, and treatment best adapted to their growth, could not +fail to be, in the language of Washington in his last annual message +to Congress, a "very cheap instrument of immense national benefit." + +Regarding the act of Congress approved 28th September, 1850, granting +bounty lands to persons who had been engaged in the military service of +the country, as a great measure of national justice and munificence, +an anxious desire has been felt by the officers intrusted with its +immediate execution to give prompt effect to its provisions. All the +means within their control were therefore brought into requisition +to expedite the adjudication of claims, and I am gratified to be +able to state that near 100,000 applications have been considered +and about 70,000 warrants issued within the short space of nine +months. If adequate provision be made by law to carry into effect +the recommendations of the Department, it is confidently expected +that before the close of the next fiscal year all who are entitled +to the benefits of the act will have received their warrants. + +The Secretary of the Interior has suggested in his report various +amendments of the laws relating to pensions and bounty lands for the +purpose of more effectually guarding against abuses and frauds on the +Government, to all of which I invite your particular attention. + +The large accessions to our Indian population consequent upon the +acquisition of New Mexico and California and the extension of our +settlements into Utah and Oregon have given increased interest and +importance to our relations with the aboriginal race. + +No material change has taken place within the last year in the condition +and prospects of the Indian tribes who reside in the Northwestern +Territory and west of the Mississippi River. We are at peace with all of +them, and it will be a source of pleasure to you to learn that they are +gradually advancing in civilization and the pursuits of social life. + +Along the Mexican frontier and in California and Oregon there have been +occasional manifestations of unfriendly feeling and some depredations +committed. I am satisfied, however, that they resulted more from the +destitute and starving condition of the Indians than from any settled +hostility toward the whites. As the settlements of our citizens progress +toward them, the game, upon which they mainly rely for subsistence, +is driven off or destroyed, and the only alternative left to them +is starvation or plunder. It becomes us to consider, in view of this +condition of things, whether justice and humanity, as well as an +enlightened economy, do not require that instead of seeking to punish +them for offenses which are the result of our own policy toward them +we should not provide for their immediate wants and encourage them to +engage in agriculture and to rely on their labor instead of the chase +for the means of support. + +Various important treaties have been negotiated with different tribes +during the year, by which their title to large and valuable tracts of +country has been extinguished, all of which will at the proper time be +submitted to the Senate for ratification. + +The joint commission under the treaty of Guadalupe Hidalgo has been +actively engaged in running and marking the boundary line between the +United States and Mexico. It was stated in the last annual report of +the Secretary of the Interior that the initial point on the Pacific +and the point of junction of the Gila with the Colorado River had been +determined and the intervening line, about 150 miles in length, run and +marked by temporary monuments. Since that time a monument of marble has +been erected at the initial point, and permanent landmarks of iron have +been placed at suitable distances along the line. + +The initial point on the Rio Grande has also been fixed by the +commissioners, at latitude 32 deg. 22', and at the date of the last +communication the purvey of the line had been made thence westward +about 150 miles to the neighborhood of the copper mines. + +The commission on our part was at first organized on a scale which +experience proved to be unwieldy and attended with unnecessary expense. +Orders have therefore been issued for the reduction of the number of +persons employed within the smallest limits consistent with the safety +of those engaged in the service and the prompt and efficient execution +of their important duties. + +Returns have been received from all the officers engaged in taking +the census in the States and Territories except California. The +superintendent employed to make the enumeration in that State has +not yet made his full report, from causes, as he alleges, beyond his +control. This failure is much to be regretted, as it has prevented the +Secretary of the Interior from making the decennial apportionment of +Representatives among the States, as required by the act approved May +23, 1850. It is hoped, however, that the returns will soon be received, +and no time will then be lost in making the necessary apportionment and +in transmitting the certificates required by law. + +The Superintendent of the Seventh Census is diligently employed, under +the direction of the Secretary of the Interior, in classifying and +arranging in tabular form all the statistical information derived from +the returns of the marshals, and it is believed that when the work shall +be completed it will exhibit a more perfect view of the population, +wealth, occupations, and social condition of a great country than has +ever been presented to the world. The value of such a work as the basis +of enlightened legislation can hardly be overestimated, and I earnestly +hope that Congress will lose no time in making the appropriations +necessary to complete the classifications and to publish the results +in a style worthy of the subject and of our national character. + +The want of a uniform fee bill, prescribing the compensation to be +allowed district attorneys, clerks, marshals, and commissioners in civil +and criminal cases, is the cause of much vexation, injustice, and +complaint. I would recommend a thorough revision of the laws on the +whole subject and the adoption of a tariff of fees which, as far as +practicable, should be uniform, and prescribe a specific compensation +for every service which the officer may be required to perform. This +subject will be fully presented in the report of the Secretary of the +Interior. + +In my last annual message I gave briefly my reasons for believing that +you possessed the constitutional power to improve the harbors of our +Great Lakes and seacoast and the navigation of our principal rivers, and +recommended that appropriations should be made for completing such works +as had already been commenced and for commencing such others as might +seem to the wisdom of Congress to be of public and general importance. +Without repeating the reasons then urged, I deem it my duty again to +call your attention to this important subject. The works on many of the +harbors were left in an unfinished state, and consequently exposed to +the action of the elements, which is fast destroying them. Great numbers +of lives and vast amounts of property are annually lost for want of +safe and convenient harbors on the Lakes. None but those who have been +exposed to that dangerous navigation can fully appreciate the importance +of this subject. The whole Northwest appeals to you for relief, and +I trust their appeal will receive due consideration at your hands. + +The same is in a measure true in regard to some of the harbors and +inlets on the seacoast. + +The unobstructed navigation of our large rivers is of equal importance. +Our settlements are now extending to the sources of the great rivers +which empty into and form a part of the Mississippi, and the value of +the public lands in those regions would be greatly enhanced by freeing +the navigation of those waters from obstructions. In view, therefore, +of this great interest, I deem it my duty again to urge upon Congress +to make such appropriations for these improvements as they may deem +necessary. + +The surveys of the Delta of the Mississippi, with a view to the +prevention of the overflows that have proved so disastrous to that +region of country, have been nearly completed, and the reports thereof +are now in course of preparation and will shortly be laid before you. + +The protection of our southwestern frontier and of the adjacent Mexican +States against the Indian tribes within our border has claimed my +earnest and constant attention. Congress having failed at the last +session to adopt my recommendation that an additional regiment of +mounted men specially adapted to that service should be raised, all +that remained to be done was to make the best use of the means at my +disposal. Accordingly, all the troops adapted to that service that could +properly be spared from other quarters have been concentrated on that +frontier and officers of high reputation selected to command them. A new +arrangement of the military posts has also been made, whereby the troops +are brought nearer to the Mexican frontier and to the tribes they are +intended to overawe. + +Sufficient time has not yet elapsed to realize all the benefits that are +expected to result from these arrangements, but I have every reason to +hope that they will effectually check their marauding expeditions. The +nature of the country, which furnishes little for the support of an army +and abounds in places of refuge and concealment, is remarkably well +adapted to this predatory warfare, and we can scarcely hope that any +military force, combined with the greatest vigilance, can entirely +suppress it. + +By the treaty of Guadalupe Hidalgo we are bound to protect the territory +of Mexico against the incursions of the savage tribes within our border +"with equal diligence and energy" as if the same were made within our +territory or against our citizens. I have endeavored to comply as far +as possible with this provision of the treaty. Orders have been given +to the officers commanding on that frontier to consider the Mexican +territory and its inhabitants as equally with our own entitled to their +protection, and to make all their plans and arrangements with a view +to the attainment of this object. Instructions have also been given to +the Indian commissioners and agents among these tribes in all treaties +to make the clauses designed for the protection of our own citizens +apply also to those of Mexico. I have no reason to doubt that these +instructions have been fully carried into effect; nevertheless, it is +probable that in spite of all our efforts some of the neighboring States +of Mexico may have suffered, as our own have, from depredations by the +Indians. + +To the difficulties of defending our own territory, as above mentioned, +are superadded, in defending that of Mexico, those that arise from its +remoteness, from the fact that we have no right to station our troops +within her limits and that there is no efficient military force on the +Mexican side to cooperate with our own. So long as this shall continue +to be the case the number and activity of our troops will rather +increase than diminish the evil, as the Indians will naturally turn +toward that country where they encounter the least resistance. Yet these +troops are necessary to subdue them and to compel them to make and +observe treaties. Until this shall have been done neither country will +enjoy any security from their attacks. + +The Indians in California, who had previously appeared of a peaceable +character and disposed to cultivate the friendship of the whites, have +recently committed several acts of hostility. As a large portion of the +reenforcements sent to the Mexican frontier were drawn from the Pacific, +the military force now stationed there is considered entirely inadequate +to its defense. It can not be increased, however, without an increase of +the Army, and I again recommend that measure as indispensable to the +protection of the frontier. + +I invite your attention to the suggestions on this subject and on others +connected with his Department in the report of the Secretary of War. + +The appropriations for the support of the Army during the current fiscal +year ending 30th June next were reduced far below the estimate submitted +by the Department. The consequence of this reduction is a considerable +deficiency, to which I invite your early attention. + +The expenditures of that Department for the year ending 30th June last +were $9,060,268.58. The estimates for the year commencing 1st July next +and ending June 30, 1853, are $7,898,775.83, showing a reduction of +$1,161,492.75. + +The board of commissioners to whom the management of the affairs of the +military asylum created by the act of 3d March last was intrusted have +selected a site for the establishment of an asylum in the vicinity of +this city, which has been approved by me subject to the production of +a satisfactory title. + +The report of the Secretary of the Navy will exhibit the condition of +the public service under the supervision of that Department. Our naval +force afloat during the present year has been actively and usefully +employed in giving protection to our widely extended and increasing +commerce and interests in the various quarters of the globe, and our +flag has everywhere afforded the security and received the respect +inspired by the justice and liberality of our intercourse and the +dignity and power of the nation. + +The expedition commanded by Lieutenant De Haven, dispatched in search +of the British commander Sir John Franklin and his companions in the +Arctic Seas, returned to New York in the month of October, after having +undergone great peril and suffering from an unknown and dangerous +navigation and the rigors of a northern climate, without any satisfactory +information of the objects of their search, but with new contributions +to science and navigation from the unfrequented polar regions. The +officers and men of the expedition having been all volunteers for this +service and having so conducted it as to meet the entire approbation +of the Government, it is suggested, as an act of grace and generosity, +that the same allowance of extra pay and emoluments be extended to them +that were made to the officers and men of like rating in the late +exploring expedition to the South Seas. + +I earnestly recommend to your attention the necessity of reorganizing +the naval establishment, apportioning and fixing the number of officers +in each grade, providing some mode of promotion to the higher grades of +the Navy having reference to merit and capacity rather than seniority or +date of entry into the service, and for retiring from the effective list +upon reduced pay those who may be incompetent to the performance of +active duty. As a measure of economy, as well as of efficiency, in this +arm of the service, the provision last mentioned is eminently worthy of +your consideration. + +The determination of the questions of relative rank between the sea +officers and civil officers of the Navy, and between officers of +the Army and Navy, in the various grades of each, will also merit +your attention. The failure to provide any substitute when corporal +punishment was abolished for offenses in the Navy has occasioned the +convening of numerous courts-martial upon the arrival of vessels +in port, and is believed to have had an injurious effect upon the +discipline and efficiency of the service. To moderate punishment from +one grade to another is among the humane reforms of the age, but to +abolish one of severity, which applied so generally to offenses on +shipboard, and provide nothing in its stead is to suppose a progress of +improvement in every individual among seamen which is not assumed by +the Legislature in respect to any other class of men. It is hoped that +Congress, in the ample opportunity afforded by the present session, will +thoroughly investigate this important subject, and establish such modes +of determining guilt and such gradations of punishment as are consistent +with humanity and the personal rights of individuals, and at the same +time shall insure the most energetic and efficient performance of duty +and the suppression of crime in our ships of war. + +The stone dock in the navy-yard at New York, which was ten years in +process of construction, has been so far finished as to be surrendered +up to the authorities of the yard. The dry dock at Philadelphia is +reported as completed, and is expected soon to be tested and delivered +over to the agents of the Government. That at Portsmouth, N.H., is also +nearly ready for delivery; and a contract has been concluded, agreeably +to the act of Congress at its last session, for a floating sectional +dock on the Bay of San Francisco. I invite your attention to the +recommendation of the Department touching the establishment of a +navy-yard in conjunction with this dock on the Pacific. Such a station +is highly necessary to the convenience and effectiveness of our fleet +in that ocean, which must be expected to increase with the growth of +commerce and the rapid extension of our whale fisheries over its waters. + +The Naval Academy at Annapolis, under a revised and improved system of +regulations, now affords opportunities of education and instruction to +the pupils quite equal, it is believed, for professional improvement, to +those enjoyed by the cadets in the Military Academy. A large class of +acting midshipmen was received at the commencement of the last academic +term, and a practice ship has been attached to the institution to afford +the amplest means for regular instruction in seamanship, as well as for +cruises during the vacations of three or four months in each year. + +The advantages of science in nautical affairs have rarely been more +strikingly illustrated than in the fact, stated in the report of the +Navy Department, that by means of the wind and current charts projected +and prepared by Lieutenant Maury, the Superintendent of the Naval +Observatory, the passage from the Atlantic to the Pacific ports of +our country has been shortened by about forty days. + +The estimates for the support of the Navy and Marine Corps the ensuing +fiscal year will be found to be $5,856,472.19, the estimates for the +current year being $5,900,621. + +The estimates for special objects under the control of this Department +amount to $2,684,220.89, against $2,210,980 for the present year, the +increase being occasioned by the additional mail service on the Pacific +Coast and the construction of the dock in California, authorized at the +last session of Congress, and some slight additions under the head of +improvements and repairs in navy-yards, buildings, and machinery. + +I deem it of much importance to a just economy and a correct +understanding of naval expenditures that there should be an entire +separation of the appropriations for the support of the naval service +proper from those for permanent improvements at navy-yards and stations +and from ocean steam mail service and other special objects assigned to +the supervision of this Department. + +The report of the Postmaster-General, herewith communicated, presents +an interesting view of the progress, operations, and condition of his +Department. + +At the close of the last fiscal year the length of mail routes within +the United States was 196,290 miles, the annual transportation thereon +53,272,252 miles, and the annual cost of such transportation $3,421,754. + +The length of the foreign mail routes is estimated at 18,349 miles +and the annual transportation thereon at 615,206 miles. The annual +cost of this service is $1,472,187, of which $448,937 are paid by +the Post-Office Department and $1,023,250 are paid through the Navy +Department. + +The annual transportation within the United States, excluding the +service in California and Oregon, which is now for the first time +reported and embraced in the tabular statements of the Department, +exceeds that of the preceding year 6,162,855 miles, at an increased +cost of $547,110. + +The whole number of post-offices in the United States on the 30th day of +June last was 19,796. There were 1,698 post-offices established and 256 +discontinued during the year. + +The gross revenues of the Department for the fiscal year, including the +appropriations for the franked matter of Congress, of the Departments, +and officers of Government, and excluding the foreign postages collected +for and payable to the British post-office, amounted to $6,727,866.78. + +The expenditures for the same period, excluding $20,599.49, paid under +an award of the Auditor, in pursuance of a resolution of the last +Congress, for mail service on the Ohio and Mississippi rivers in 1832 +and 1833, and the amount paid to the British post-office for foreign +postages collected for and payable to that office, amounted to +$6,024,566.79, leaving a balance of revenue over the proper expenditures +of the year of $703,299.99. + +The receipts for postages during the year, excluding the foreign +postages collected for and payable to the British post-office, amounted +to $6,345,747.21, being an increase of $997,610.79, or 18.65 per cent, +over the like receipts for the preceding year. + +The reduction of postage under the act of March last did not take effect +until the commencement of the present fiscal year. The accounts for +the first quarter under the operation of the reduced rates will not be +settled before January next, and no reliable estimate of the receipts +for the present year can yet be made. It is believed, however, that +they will fall far short of those of the last year. The surplus of the +revenues now on hand is, however, so large that no further appropriation +from the Treasury in aid of the revenues of the Department is required +for the current fiscal year, but an additional appropriation for the +year ending June 30, 1853, will probably be found necessary when the +receipts of the first two quarters of the fiscal year are fully +ascertained. + +In his last annual report the Postmaster-General recommended a reduction +of postage to rates which he deemed as low as could be prudently adopted +unless Congress was prepared to appropriate from the Treasury for +the support of the Department a sum more than equivalent to the mail +services performed by it for the Government. The recommendations of the +Postmaster-General in respect to letter postage, except on letters from +and to California and Oregon, were substantially adopted by the last +Congress. He now recommends adherence to the present letter rates and +advises against a further reduction until justified by the revenue of +the Department. + +He also recommends that the rates of postage on printed matter be so +revised as to render them more simple and more uniform in their operation +upon all classes of printed matter. I submit the recommendations of the +report to your favorable consideration. + +The public statutes of the United States have now been accumulating +for more than sixty years, and, interspersed with private acts, are +scattered through numerous volumes, and, from the cost of the whole, +have become almost inaccessible to the great mass of the community. +They also exhibit much of the incongruity and imperfection of hasty +legislation. As it seems to be generally conceded that there is no +"common law" of the United States to supply the defects of their +legislation, it is most important that that legislation should be as +perfect as possible, defining every power intended to be conferred, +every crime intended to be made punishable, and prescribing the +punishment to be inflicted. In addition to some particular cases spoken +of more at length, the whole criminal code is now lamentably defective. +Some offenses are imperfectly described and others are entirely omitted, +so that flagrant crimes may be committed with impunity. The scale +of punishment is not in all cases graduated according to the degree +and nature of the offense, and is often rendered more unequal by the +different modes of imprisonment or penitentiary confinement in the +different States. + +Many laws of a permanent character have been introduced into +appropriation bills, and it is often difficult to determine whether the +particular clause expires with the temporary act of which it is a part +or continues in force. It has also frequently happened that enactments +and provisions of law have been introduced into bills with the title or +general subject of which they have little or no connection or relation. +In this mode of legislation so many enactments have been heaped upon +each other, and often with but little consideration, that in many +instances it is difficult to search out and determine what is the law. + +The Government of the United States is emphatically a government of +written laws. The statutes should therefore, as far as practicable, not +only be made accessible to all, but be expressed in language so plain +and simple as to be understood by all and arranged in such method as +to give perspicuity to every subject. Many of the States have revised +their public acts with great and manifest benefit, and I recommend that +provision be made by law for the appointment of a commission to revise +the public statutes of the United States, arranging them in order, +supplying deficiencies, correcting incongruities, simplifying their +language, and reporting them to Congress for its action. + +An act of Congress approved 30th September, 1850, contained a provision +for the extension of the Capitol according to such plan as might be +approved by the President, and appropriated $100,000 to be expended +under his direction by such architect as he should appoint to execute +the same. On examining the various plans which had been submitted by +different architects in pursuance of an advertisement by a committee +of the Senate no one was found to be entirely satisfactory, and it +was therefore deemed advisable to combine and adopt the advantages +of several. + +The great object to be accomplished was to make such an addition as +would afford ample and convenient halls for the deliberations of the two +Houses of Congress, with sufficient accommodations for spectators and +suitable apartments for the committees and officers of the two branches +of the Legislature. It was also desirable not to mar the harmony and +beauty of the present structure, which, as a specimen of architecture, +is so universally admired. Keeping these objects in view, I concluded +to make the addition by wings, detached from the present building, yet +connected with it by corridors. This mode of enlargement will leave the +present Capitol uninjured and afford great advantages for ventilation +and the admission of light, and will enable the work to progress without +interrupting the deliberations of Congress. To carry this plan into +effect I have appointed an experienced and competent architect. The +corner stone was laid on the 4th day of July last with suitable +ceremonies, since which time the work has advanced with commendable +rapidity, and the foundations of both wings are now nearly complete. + +I again commend to your favorable regard the interests of the District +of Columbia, and deem it only necessary to remind you that although its +inhabitants have no voice in the choice of Representatives in Congress, +they are not the less entitled to a just and liberal consideration in +your legislation. My opinions on this subject were more fully expressed +in my last annual communication. + +Other subjects were brought to the attention of Congress in my last +annual message, to which I would respectfully refer. But there was one +of more than ordinary interest, to which I again invite your special +attention. I allude to the recommendation for the appointment of a +commission to settle private claims against the United States. Justice +to individuals, as well as to the Government, imperatively demands that +some more convenient and expeditious mode than an appeal to Congress +should be adopted. + +It is deeply to be regretted that in several instances officers of the +Government, in attempting to execute the law for the return of fugitives +from labor, have been openly resisted and their efforts frustrated and +defeated by lawless and violent mobs; that in one case such resistance +resulted in the death of an estimable citizen, and in others serious +injury ensued to those officers and to individuals who were using their +endeavors to sustain the laws. Prosecutions have been instituted against +the alleged offenders so far as they could be identified, and are still +pending. I have regarded it as my duty in these cases to give all aid +legally in my power to the enforcement of the laws, and I shall continue +to do so wherever and whenever their execution may be resisted. + +The act of Congress for the return of fugitives from labor is one +required and demanded by the express words of the Constitution. + +The Constitution declares that-- + + No person held to service or labor in one State, under the laws thereof, + escaping into another, shall, in consequence of any law or regulation + therein, be discharged from such service or labor, but shall be + delivered up on claim of the party to whom such service or labor may + be due. + + +This constitutional provision is equally obligatory upon the legislative, +the executive, and judicial departments of the Government, and upon every +citizen of the United States. + +Congress, however, must from necessity first act upon the subject by +prescribing the proceedings necessary to ascertain that the person is a +fugitive and the means to be used for his restoration to the claimant. +This was done by an act passed during the first term of President +Washington, which was amended by that enacted by the last Congress, +and it now remains for the executive and judicial departments to take +care that these laws be faithfully executed. This injunction of the +Constitution is as peremptory and as binding as any other; it stands +exactly on the same foundation as that clause which provides for the +return of fugitives from justice, or that which declares that no bill of +attainder or _ex post facto_ law shall be passed, or that which provides +for an equality of taxation according to the census, or the clause +declaring that all duties shall be uniform throughout the United States, +or the important provision that the trial of all crimes shall be by +jury. These several articles and clauses of the Constitution, all +resting on the same authority, must stand or fall together. Some +objections have been urged against the details of the act for the return +of fugitives from labor, but it is worthy of remark that the main +opposition is aimed against the Constitution itself, and proceeds from +persons and classes of persons many of whom declare their wish to see +that Constitution overturned. They avow their hostility to any law +which shall give full and practical effect to this requirement of the +Constitution. Fortunately, the number of these persons is comparatively +small, and is believed to be daily diminishing; but the issue which they +present is one which involves the supremacy and even the existence of +the Constitution. + +Cases have heretofore arisen in which individuals have denied the +binding authority of acts of Congress, and even States have proposed to +nullify such acts upon the ground that the Constitution was the supreme +law of the land, and that those acts of Congress were repugnant to +that instrument; but nullification is now aimed not so much against +particular laws as being inconsistent with the Constitution as against +the Constitution itself, and it is not to be disguised that a spirit +exists, and has been actively at work, to rend asunder this Union, +which is our cherished inheritance from our Revolutionary fathers. + +In my last annual message I stated that I considered the series of +measures which had been adopted at the previous session in reference +to the agitation growing out of the Territorial and slavery questions +as a final settlement in principle and substance of the dangerous and +exciting subjects which they embraced, and I recommended adherence to +the adjustment established by those measures until time and experience +should demonstrate the necessity of further legislation to guard against +evasion or abuse. I was not induced to make this recommendation because +I thought those measures perfect, for no human legislation can be +perfect. Wide differences and jarring opinions can only be reconciled by +yielding something on all sides, and this result had been reached after +an angry conflict of many months, in which one part of the country was +arrayed against another, and violent convulsion seemed to be imminent. +Looking at the interests of the whole country, I felt it to be my duty +to seize upon this compromise as the best that could be obtained amid +conflicting interests and to insist upon it as a final settlement, to +be adhered to by all who value the peace and welfare of the country. +A year has now elapsed since that recommendation was made. To that +recommendation I still adhere, and I congratulate you and the country +upon the general acquiescence in these measures of peace which has been +exhibited in all parts of the Republic. And not only is there this +general acquiescence in these measures, but the spirit of conciliation +which has been manifested in regard to them in all parts of the country +has removed doubts and uncertainties in the minds of thousands of good +men concerning the durability of our popular institutions and given +renewed assurance that our liberty and our Union may subsist together +for the benefit of this and all succeeding generations. + +MILLARD FILLMORE. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 12, 1851_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a treaty of friendship, commerce, and navigation between +the United States and the Republic of Costa Rica, signed in this city +on the 10th day of July last. + +MILLARD FILLMORE. + + + +WASHINGTON, _December 15, 1851_. + +_To the Senate of the United States_: + +I transmit to the Senate a report[13] of the Secretary of State, in +answer to their resolution of the 8th of March last. + +MILLARD FILLMORE. + +[Footnote 13: Relating to the free navigation of the St. Lawrence, St. +John, and other large rivers, and to the free enjoyment of the British +North American fisheries by United States citizens.] + + + +WASHINGTON, _December 15, 1851_. + +_To the Senate of the United States_: + +I have received a resolution of the Senate, adopted on the 12th instant, +in the following terms: + + _Resolved_, That the President of the United States be requested to + communicate to the Senate, if not inconsistent with the public interest, + any information the Executive may have received respecting the firing + into and seizure of the American steamship _Prometheus_ by a British + vessel of war in November last near Greytown, on the Mosquito Coast, + and also what measures have been taken by the Executive to ascertain + the state of the facts and to vindicate the honor of the country. + +In answer to this request I submit to the Senate the accompanying +extracts from a communication addressed to the Department of State by +Mr. Joseph L. White, as counsel of the American, Atlantic and Pacific +Ship Canal Company, dated 2d instant. + +This communication is the principal source of the information received +by the Executive in relation to the subject alluded to, and is presumed +to be essentially correct in its statement of the facts. Upon receiving +this communication instructions such as the occasion seemed to demand +were immediately dispatched to the minister of the United States in +London. Sufficient time has not elapsed for the return of any answer +to this dispatch from him, and in my judgment it would at the present +moment be inconsistent with the public interest to communicate those +instructions. A communication, however, of all the correspondence will +be made to the Senate at the earliest moment at which a proper regard +to the public interest will permit. + +At the same time instructions were given to Commodore Parker, commanding +the Home Squadron, a copy of which, so far as they relate to the case of +the _Prometheus_, is herewith transmitted to the Senate. + +MILLARD FILLMORE. + + + +WASHINGTON, _December 16, 1851_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 9th instant, requesting +information in regard to the imprisonment of John S. Thrasher at Havana, +I transmit a report from the Secretary of State and the documents which +accompanied it. + +MILLARD FILLMORE. + + + +WASHINGTON, _December 16, 1851_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 8th instant, requesting +the communication of a dispatch[14] addressed to the Department of State +by Mr. Niles, late charge d'affaires of the United States at Turin, I +transmit a report from the Secretary of State, which is accompanied by +a copy of the dispatch. + +MILLARD FILLMORE. + +[Footnote 14: On the subject of a ship canal between the Atlantic and +Pacific oceans.] + + + +WASHINGTON, _December 23, 1851_. + +_To the House of Representatives_: + +I transmit to the House of Representatives a report from the Secretary +of State, in answer to the first part[15] of a resolution of the 15th +December, 1851, and also a report from the Secretary of the Navy, in +answer to the remaining part[16] of the same resolution. + +MILLARD FILLMORE. + +[Footnote 15: Relating to the conclusion of a treaty between Spain, +France, and Great Britain in respect to the island of Cuba.] + +[Footnote 16: Pertaining to the relative strength of the British, French, +and United States squadrons in the West India seas, and whether +additional appropriations are necessary to increase the United States +force on that station.] + + + +WASHINGTON, _December 23, 1851_. + +_To the House of Representatives_: + +In answer to a resolution of the House of Representatives of the 15th +instant, requesting information in regard to the imprisonment, trial, +and sentence of John S. Thrasher in the island of Cuba, I transmit a +report from the Secretary of State and the documents which accompanied +it. + +MILLARD FILLMORE. + + + +WASHINGTON, _December 29, 1851_. + +_To the Senate and House of Representatives_: + +I transmit herewith a copy of a letter of the 26th instant, addressed +to the Secretary of State by the contractors for paying the next +installment due to Mexico pursuant to the treaty of Guadalupe Hidalgo, +representing the necessity of an immediate appropriation by Congress +of the money necessary for that purpose. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 2, 1852_. + +_To the House of Representatives_: + +As a further answer to the resolution of the House of Representatives +of the 15th ultimo, calling for information respecting the imprisonment, +trial, and sentence of John S. Thrasher in the island of Cuba, I transmit +another report from the Secretary of State. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 2, 1852_. + +_To the House of Representatives of the United States_: + +I transmit to the House of Representatives a copy of the resolution +adopted by the Legislative Council of Canada, together with the copy of +the note by which the resolution was communicated to this Government, +expressing the satisfaction of that Council at receiving intelligence +of certain donations in aid of the reconstruction of the library of +the Canadian Parliament. + +MILLARD FILLMORE. + +[The same message, dated January 6, 1852, was sent to the Senate.] + + + +WASHINGTON, _January 3, 1852_. + +_To the Senate of the United States_: + +I nominate Elisha Whittlesey and Elias S. Terry to be commissioners +under the seventeenth article of the treaty concluded with the Cherokee +tribe of Indians at New Echota on the 29th day of December, 1835, to +adjudicate the claim of David Taylor for 640 acres of land, which has +been duly appraised in accordance with the terms of the ninth article +of said treaty, but not paid for. The facts of the case will more fully +appear in the accompanying papers from the Department of the Interior. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 5, 1852_. + +_To the House of Representatives_: + +I transmit to the House of Representatives a report of the Secretary of +State, relative to the persons belonging to the expedition of Lopez who +were taken prisoners in Cuba and afterwards sent to Spain, and who have +now been pardoned and released by Her Catholic Majesty. The appropriation +the expediency of which is suggested in the report I cordially commend +to the consideration of Congress, with the single additional suggestion +that to be available it should be promptly made. + +MILLARD FILLMORE. + +[The same message was sent to the Senate.] + + + +WASHINGTON, _January 9, 1852_. + +_To the House of Representatives_: + +In answer to a resolution of the House of Representatives of the 15th +ultimo, requesting information in regard to the Territory of Utah, I +transmit a report from the Secretary of State, to whom the resolution +was referred. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 12, 1852_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of the 5th +instant, I herewith transmit to it a report and accompanying papers[17] +from the Secretary of State. + +MILLARD FILLMORE. + +[Footnote 17: Relating to a circular issued by the secretary of state +for the British colonial department relative to the employment in the +British West India colonies of free blacks and liberated slaves from +the United States.] + + + +WASHINGTON, _January 16, 1852_. + +_To the House of Representatives_: + +I transmit a copy of a letter which has been addressed to me by the +secretary of the Territory of Utah since my recent message to the House +of Representatives in answer to its resolution requesting information +in regard to the affairs of that Territory. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 19, 1852_. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a report from the Secretary of State, accompanied +by a letter to him from the contractors for paying the installment of +Mexican indemnity due on the 31st May next, and respectfully invite +attention to the subject. + +MILLARD FILLMORE + + + +WASHINGTON, _January 20, 1852_. + +_To the Senate and House of Representatives of the United States_: + +I communicate to both Houses of Congress a report from the Department +of State, containing copies of the correspondence which has taken place +between that Department and the minister of the United States in Paris +respecting the political occurrences which have recently taken place +in France. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 22, 1852_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate passed March 13, 1851, +I herewith transmit a report of the Secretary of War, containing +information in regard to the claims of citizens of California for +services rendered and for money and for property furnished in 1846 +and 1847 in the conquest of that country. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 23, 1852_. + +_To the House of Representatives_: + +I transmit a report from the Secretary of State and the documents +which accompanied it, upon the subject of a resolution of the House +of Representatives of yesterday, relative to the Mexican indemnity. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 28, 1852_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of the +15th ultimo, requesting information respecting the seizure and +confiscation of the bark _Georgiana_, of Maine, and brig _Susan Loud_, +of Massachusetts,[18] I transmit a report from the Secretary of State +and the documents which accompanied it. + +MILLARD FILLMORE. + +[Footnote 18: By the Spanish or Cuban authorities] + + + +WASHINGTON, _January 28, 1852_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of the +7th August, 1850, and the 17th December, 1851, requesting information +touching the claims of citizens of the United States on the Government +of Portugal, I transmit a report from the Secretary of State and the +documents which accompanied the same. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 9, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a treaty of friendship, commerce, and navigation between +the United States and the Republic of Peru, concluded and signed at +Lima on the 26th day of July last. + +A copy of a dispatch of Mr. J.R. Clay, the charge d'affaires of the +United States at Lima, to the Secretary of State, bearing date the 6th +December last, is also transmitted for the information of the Senate. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 10, 1852_. + +_To the Senate and House of Representatives_: + +I transmit to Congress a copy of the instruction dispatched from the +Department of State to the minister of the United States at London +respecting the attack on the United States steamer _Prometheus_ in the +harbor of San Juan de Nicaragua by the British brig of war _Express_, +and also a copy of the dispatches of Mr. Lawrence to that Department and +of his correspondence with Her Britannic Majesty's principal secretary +of state for foreign affairs on the same subject. + +MILLARD FILLMORE. + + + +EXECUTIVE CHAMBER, + +_Washington City, February 10, 1852_. + +_To the Senate and House of Representatives of the United States_: + +I transmit herewith a report from the Secretary of the Interior, +containing a report from Thomas U. Walter, architect for the extension +of the Capitol. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 12, 1852_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of the 26th +of December last, requesting information in regard to the seizure of the +brig _Arve_[19] at Jeremie, in the island of St. Domingo, I transmit a +report from the Secretary of State and the documents by which it was +accompanied. + +MILLARD FILLMORE. + +[Footnote 19: By Haytien authorities.] + + + +WASHINGTON, _February 12, 1852_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 26th ultimo, +requesting information upon the subject of the mission of Mr. Balistier, +late consul at Singapore, to eastern Asia, I transmit a report from the +Secretary of State and the documents which accompanied it. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 13, 1852_. + +_To the Senate of the United States_: + +I transmit herewith, for the constitutional action of the Senate, +treaties recently concluded with certain Indian tribes at Traverse des +Sioux, Mendota, Pembina, and Fort Laramie, together with communications +from the Department of the Interior and other documents connected +therewith. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 14, 1852_. + +_To the House of Representatives_: + +I communicate to the House of Representatives herewith a report to me, +dated the 13th instant, from the Secretary of the Interior, respecting +the delay and difficulty in making the apportionment among the several +States of the Representatives in the Thirty-third Congress, as required +by the act of 23d May, 1850, in consequence of the want of full returns +of the population of the State of California, and suggesting the +necessity for remedial legislation. + +The subject is one of much importance, and I earnestly commend it to +the early consideration of Congress. + +MILLARD FILLMORE. + +[The same message was sent to the Senate.] + + + +WASHINGTON, _February 16, 1852_. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a letter addressed to the Secretary of State by +the commissioner of the United States under the convention with Brazil, +setting forth the obstacles which have impeded the conclusion of the +business of that commission. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 16, 1852_. + +_To the Senate of the United States_: + +I herewith communicate to the Senate, for its consideration with a view +to ratification, a treaty of commerce and navigation concluded by the +minister resident of the United States at Constantinople with the charge +d'affaires of the Shah of Persia at the same place. The treaty is in +the Persian and French languages, but is accompanied by an English +translation. A copy of the correspondence between the Department of +State and the legation of the United States at Constantinople on the +subject is also herewith communicated. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 18, 1852_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives requesting +the official correspondence respecting an alleged misunderstanding +between Captain Long, of the Navy of the United States, and Louis +Kossuth, I transmit reports from the Secretaries of State and of the +Navy and the papers which accompanied them. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 1, 1852_. + +_To the Senate and House of Representatives of the United States_: + +In compliance with the provisions of the act of Congress of the 11th +August, 1848, I transmit to that body the copy of a dispatch from the +commissioner _ad interim_ of the United States at Canton, together with +the copy of certain rules and regulations for masters, officers, and +seamen of vessels of the United States of America at the free ports of +China, which accompanied said dispatch, and which are submitted for the +revision of Congress. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 4, 1852_. + +_To the House of Representatives of the United States_: + +In compliance with the resolution of the House of Representatives of the +17th ultimo, I transmit herewith a report from the Secretary of the Navy +and a report from the Solicitor of the Treasury Department in relation +to the accounts of Prosper M. Wetmore, late navy agent in the city of +New York. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 4, 1852_. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a letter addressed to me by the governor of the +Territory of Minnesota, with the statements to which it refers, of the +disbursements up to the 1st of January last of the money appropriated by +the act approved June 11, 1850, for the erection of public buildings in +that Territory. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 4, 1852_. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a dispatch addressed to the Secretary of State +by the minister of the United States at Mexico, and the papers therein +referred to, relative to the cemetery which has been constructed in the +neighborhood of that city as a place of sepulture for the remains of the +officers and soldiers of the United States who died or were killed in +that vicinity during the late war, and for such citizens of the United +States as may hereafter die there. A copy of the report of the agent who +was sent for the purpose of superintending the work is also herewith +transmitted. It will be seen that a sum of $2,500 or $3,000, in addition +to the amount appropriated by the act of Congress approved September 28, +1850, is represented to be necessary to carry the objects of that +appropriation into full effect. I accordingly recommend that provision +therefor may be made. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 25, 1852_. + +_To the House of Representatives_: + +As a further answer to the resolution of the House of Representatives of +the 5th of January last, requesting information in regard to a circular +of Her Britannic Majesty's secretary of state for colonial affairs in +respect to the encouragement of the emigration of colored laborers from +the United States to the British West India islands, I transmit another +dispatch addressed to the Department of State by the minister of the +United States at London. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 26, 1852_. + +_To the Senate and House of Representatives of the United States_: + +At the close of the commission to adjudicate upon the claims of citizens +of the United States under the treaty of Guadalupe Hidalgo I directed a +list to be made of papers which had been presented to that commission, +and, pursuant to the act of Congress approved 3d March, 1849, the papers +themselves to be carefully arranged and deposited for safe-keeping in +the Department of State. I deemed all this necessary as well for the +interest of the claimants as to secure the Government against fraudulent +claims which might be preferred hereafter. A few days since I was +surprised to learn that some of these papers had been fraudulently +abstracted by one of the claimants, and upon the case being made known +to me by the Secretary of State I referred it to the Attorney-General +for the purpose of ascertaining what punishment could be inflicted upon +the person who had been guilty of this offense. + +I now communicate to you his opinion and that of the attorney of the +United States for this District, by which you will perceive that it +is doubtful whether there be any law for punishing the very grave +offense of fraudulently abstracting or mutilating the papers and public +documents in the several Departments of this Government. It appears to +me that the protection of the public records and papers requires that +such acts should be made penal and a suitable punishment inflicted upon +the offender, and I therefore bring the subject to your consideration, +to enable you to act upon it should you concur with me in this opinion. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 26, 1852_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives of +the 18th instant, I transmit a copy of the correspondence with John P. +Gaines, governor of the Territory of Oregon, relative to the seat of +government of said Territory. + +MILLARD FILLMORE. + + + +WASHINGTON, _March 29, 1852_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 24th instant, +relating to the extension of the Capitol, I have the honor to submit +herewith a report from the Secretary of the Interior, which furnishes, +it is believed, the required information. + +MILLARD FILLMORE. + + + +WASHINGTON CITY, _March 29, 1852_. + +_To the Senate of the United States_: + +I have the resolution of your honorable body adopted in executive +session March 24, 1852, by which I am requested to return to the Senate +the resolution advising and consenting to the appointment of George C. +Laurason as collector of the customs for the district of New Orleans, +provided a commission had not been issued to him, and in reply thereto +I would respectfully state that prior to the receipt of said resolution +I had signed the commission to Mr. Laurason and transmitted it to the +Secretary of the Treasury, to whom your resolution was immediately +referred; and I have the honor now to transmit his reply, by which +it will be seen that the commission, after having been duly executed, +was sent to the First Comptroller, where it still remains. I suppose, +according to the doctrine laid down in the case of Marbury _v._ Madison +(1 Cranch R., 137), the appointment must be deemed complete, and nothing +short of the removal of Mr. Laurason can enable me again to submit his +nomination to the consideration of the Senate; but as the commission has +not been technically issued to Mr. Laurason, I deem it most respectful +to comply with your request by returning the copy of the resolution +which notified me that the Senate advised and consented to his +appointment. + +MILLARD FILLMORE. + + + +WASHINGTON CITY, _April 6, 1852_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of the 31st ultimo, +I have the honor herewith to transmit a report from the Secretary +of War, accompanied by the original manuscript report of Captain +Thomas J. Crane, dated February 3, 1844, on the best mode of improving +the navigation of the Ohio River at the Falls of Louisville, together +with the original maps accompanying the same. + +MILLARD FILLMORE. + + + +WASHINGTON, _April 8, 1852_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate, in reply to their resolution of the +4th ultimo, a report from the Secretary of State, with accompanying +papers.[20] + +MILLARD FILLMORE. + +[Footnote 20: Relating to the relations between the United States and +Japan.] + + + +WASHINGTON, _April 19, 1852_. + +_To the Senate and House of Representatives of the United States_: + +I invite the attention of Congress to the state of affairs in the +Territory of Oregon, growing out of a conflict of opinion among the +authorities of that Territory in regard to a proper construction of the +acts of Congress approved the 14th August, 1848, and 11th June, 1850, +the former entitled "An act to establish a Territorial government of +Oregon," and the latter entitled "An act to make further appropriations +for public buildings in the Territories of Minnesota and Oregon." In +order to enable Congress to understand the controversy and apply such +remedy with a view to adjust it as may be deemed expedient, I transmit-- + +1. An act of the legislative assembly of that Territory, passed February +1, 1851, entitled "An act to provide for the selection of places for the +location and erection of public buildings of the Territory of Oregon." + +2. Governor Gaines's message to the legislative assembly of the 3d +February, 1851. + +3. The opinion of the Attorney-General of the United States of 23d +April, in regard to the act of the legislative assembly of the 1st +February, 1851. + +4. The opinion of the supreme court of Oregon, pronounced on the 9th +December, 1851. + +5. A letter of Judge Pratt of the 15th December, 1851, dissenting from +that opinion. + +6. Governor Gaines's letter to the President of the 1st January, 1852. + +7. Report of the Attorney-General of the United States on that letter, +dated 22d March, 1852. + +If it should be the sense of Congress that the seat of government +of Oregon has not already been established by the local authorities +pursuant to the law of the United States for the organization of that +Territory, or, if so established, should be deemed objectionable, in +order to appease the strife upon the subject which seems to have arisen +in that Territory I recommend that the seat of government be either +permanently or temporarily ordained by act of Congress, and that that +body should in the same manner express its approval or disapproval +of such laws as may have been enacted in the Territory at the place +alleged to be its seat of government, and which may be so enacted +until intelligence of the decision of Congress shall reach there. + +MILLARD FILLMORE. + + + +WASHINGTON, _May 1, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for their consideration and advice with regard +to its ratification, a convention between the United States and the Free +and Hanseatic Republics of Hamburg, Bremen, and Lubeck, signed in this +city by their respective plenipotentiaries on the 30th day of April, +A.D. 1852, for the mutual extension of the jurisdiction of consuls. A +copy of a note from the special plenipotentiary of Hamburg, Bremen, and +Lubeck accompanies the convention. + +MILLARD FILLMORE. + + + +WASHINGTON, _May 5, 1852_. + +_To the Senate of the United States_: + +On the 3d of March, 1849, a general convention of peace, amity, +commerce, and navigation between the United States and the Republic of +Guatemala, by Elijah Hise, the charge d'affaires of the United States +to that Republic, on the part of this Government, and by Senor Don Jose +Mariano Rodriguez, minister for foreign affairs, on the part of the +Government of Guatemala. This convention was approved by the Senate +on the 24th of September, 1850, and by a resolution of the 27th of +that month that body authorized the ratification of this Government +to be exchanged for the ratification of the Government of Guatemala at +any time prior to the 1st of April, 1851. I accordingly ratified the +convention on the 14th of November, 1850, but there was then no person +in this country authorized to effect the exchange of ratifications on +the part of the Guatemalan Government, and the United States had no +diplomatic representative there. When, however, in the summer of 1851, +Mr. J. Bozman Kerr proceeded to Nicaragua as the charge d'affaires of +the United States, he was empowered and instructed, when he should have +concluded the business, which it was presumed would not have detained +him long, in Nicaragua, to repair to Guatemala and effect the exchange +on the part of this Government. Circumstances, however, have hitherto +prevented him from accomplishing this object. Meanwhile Senor Don Felipe +Molina has been received as charge d'affaires of Guatemala here, and has +been empowered to effect the exchange on the part of that Government. + +I accordingly recommend that the Senate authorize a further extension +of the period for exchanging the ratifications, in order that the +convention may go into operation. It is presumed that if this +recommendation should be adopted a few weeks from the date of the +decision of the Senate upon the subject would be necessary to complete +the preparations for carrying it into effect. + +MILLARD FILLMORE. + + + +WASHINGTON, _May 29, 1852_. + +_To the Senate of the United States_: + +The resolution of the Senate of the 6th instant, requesting the "papers +and proofs on file in any of the Executive Departments touching the +claim of Samuel A. Belden & Co., of Brownsville, Tex., against the +Mexican Government for injuries inflicted upon said Belden & Co., as +alleged by them in violation of the treaty of Guadalupe Hidalgo," was +referred to the heads of those Departments, and the documents herewith +transmitted have been reported to me from the Department of State +as comprising all on the files of that Department called for by the +resolution, with the exception of those of a diplomatic character. As +the claim referred to is a subject of negotiation with the Mexican +Government, it is not deemed expedient at this juncture to make public +the documents which have been reserved. According to the reports of +the Secretary of the Treasury, of the Secretary of the Interior, +of the Secretary of War, of the Secretary of the Navy, and of the +Postmaster-General, there are no papers in their respective Departments +relative to the claim of Messrs. Belden & Co. + +MILLARD FILLMORE. + + + +WASHINGTON, _June 1, 1852_. + +_To the Senate of the United States_: + +I communicate to the Senate herewith, for its constitutional action +thereon, eighteen treaties negotiated with Indian tribes in California, +as described in the accompanying letter of the Secretary of the +Interior, dated the 22d ultimo, with a copy of the report of the +superintendent of Indian affairs for the State of California and other +correspondence in relation thereto. + +MILLARD FILLMORE. + + + +WASHINGTON, _June 11, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a convention between the United States and the Sultan +of Borneo, signed at Bruni on the 23d of June, 1850. A copy of two +dispatches to this department from Mr. Balestier, who concluded the +convention on the part of this Government, one dated the 22d of April +and the other the 24th June, 1851, is also transmitted for the +information of the Senate. As the period limited for the exchange of the +ratifications, which is to be effected at Bruni, will expire on the 23d +instant, I recommend that if the Senate should approve the convention +authority may be given to perform that ceremony within a year from that +date. The instrument would have been submitted to the Senate in season +for the ratification to be exchanged within the stipulated time had not +Mr. Balestier's arrival with it in the United States been unavoidably +delayed. + +MILLARD FILLMORE. + + + +WASHINGTON, _June 11, 1852_. + +_To the Senate and House of Representatives_: + +I transmit to Congress a report from the Secretary of State, on the +subject of the disorders on the Rio Grande frontier, and recommend the +legislation which it suggests, in order that the duties and obligations +of this Government occasioned thereby may be more effectually discharged +and the peace and security of the inhabitants of the United States in +that quarter more efficiently maintained. + +MILLARD FILLMORE. + + + +WASHINGTON, _June 14, 1852_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your consideration, a report from the +Secretary of State, accompanied by a communication from His Excellency +Senor Don A. Calderon de la Barca, envoy extraordinary and minister +plenipotentiary of Her Catholic Majesty, claiming indemnity for those +Spanish subjects in New Orleans who sustained injury from the unlawful +violence of the mob in that city consequent upon hearing the news of the +execution of those persons who unlawfully invaded Cuba in August, 1851. +My own views of the national liability upon this subject were expressed +in the note of the Secretary of State to Mr. Calderon of the 13th +November, 1851, and I do not understand that Her Catholic Majesty's +minister controverts the correctness of the position there taken. He, +however, insists that the thirteenth article of the treaty of 1795 +promises indemnity for such injuries sustained within one year after +the commencement of war between the two nations, and although he admits +this is not within the letter of the treaty, yet he conceives that, as +between two friendly nations, it is within the spirit of it. + +This view of the case is at his request submitted for your +consideration, but whether you may deem it correct or not, there is, +perhaps, one ground upon which this indemnity, which can not be large in +amount, may be granted without establishing a dangerous precedent, and +the granting of which would commend itself to the generous feelings +of the entire country, and that is this: The Queen of Spain, with a +magnanimity worthy of all commendation, in a case where we had no legal +right to solicit the favor, granted a free pardon to all the persons who +had so unjustifiably invaded her dominions and murdered her subjects in +Cuba, in violation of her own laws as well as those of the United States +and the public law of nations. Such an act of mercy, which restored many +misguided and unfortunate youth of this country to their parents and +friends, seems to me to merit some corresponding act of magnanimity +and generosity on the part of the Government of this country, and I +think that there can be none more appropriate than to grant an indemnity +to those Spanish subjects who were resident among us and who suffered +by the violence of the mob, not on account of any fault which they +themselves had committed, but because they were the subjects of the +Queen of Spain. Such an act would tend to confirm that friendship which +has so long existed between the two nations and to perpetuate it as a +blessing to both, and I therefore recommend it to your favorable +consideration. + +MILLARD FILLMORE. + + + +WASHINGTON, _June 22, 1852_. + +_To the Senate of the United States_: + +I transmit herewith a report from the Secretary of State, with the +accompanying documents,[21] in compliance with the Senate's resolution +of the 29th of April last. + +MILLARD FILLMORE. + +[Footnote 21: Correspondence of the American charge at Vienna on the +subject of the apprehension and imprisonment by the Austrian authorities +of Rev. Charles L. Brace, an American citizen.] + + + +WASHINGTON, _June 22, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a convention for the mutual delivery of criminals +fugitives from justice in certain cases between the United States on +the one part and Prussia and other States of the Germanic Confederation +on the other part, signed in this city on the 16th instant. + +MILLARD FILLMORE. + + + +WASHINGTON, _June 23, 1852_. + +_To the Senate of the United States_: + +I transmit herewith a report from the Secretary of State, with the +accompanying documents,[22] in compliance with the Senate's resolution +of the 3d instant. + +MILLARD FILLMORE. + +[Footnote 22: Correspondence relative to the withdrawal of Mr. Huelsemann, +charge d'affaires from Austria to the United States.] + + + +WASHINGTON, _June 26, 1852_. + +_To the Senate of the United States_: + +I transmit and commend to the consideration of the Senate a report from +the Secretary of State, touching the convention between the United +States and the Mexican Republic for the mutual extradition of fugitives +from justice in certain cases, which convention I submitted to the +Senate soon after I entered upon the office of President of the United +States. + +MILLARD FILLMORE. + + + +DEPARTMENT OF STATE, + +_Washington, June 26, 1852_. + +The PRESIDENT OF THE UNITED STATES: + +It was understood that at the close of the Administration of your +predecessor an extradition treaty was concluded in this city between the +United States and the Mexican Republic, which, however, was submitted to +the Senate by yourself, but before I entered upon my present office. + +It is presumed that as the treaty has not been returned to this +Department the Senate has made no decision in regard to it. + +The necessity for a compact upon that subject between the two +Governments, whose territories, being conterminous, afford great +facilities for wrongdoers in the one to screen themselves from +punishment by seeking refuge in the other, would at all times be +obvious, but at the present juncture may be considered as urgent. + +I would consequently suggest that the attention of the Senate be +respectfully invited to the matter, in order that if the treaty before +them should be deemed objectionable another, embodying such amendments +as may be supposed to be necessary, may be proposed to the Mexican +Government. + +Respectfully submitted, + +DANL. WEBSTER. + + + +WASHINGTON, _June 26, 1852_. + +_To the Senate of the United States_: + +I have received and taken into respectful consideration the resolution +of the Senate of yesterday, adopted in executive session, requesting +information in regard to supposed negotiations between the United States +and Great Britain and between the United States and the Republics of +Nicaragua and Costa Rica, respectively. Any information which may be in +the possession of the Executive on these subjects shall in due time be +laid before the Senate, but it is apprehended that it would not comport +with the public interests to communicate it under existing +circumstances. + +MILLARD FILLMORE. + + + +WASHINGTON, _June 26, 1852_. + +_To the Senate of the United States_: + +I have received the resolution of the Senate of the 11th instant, passed +in executive session, making inquiry respecting supposed propositions +of the King of the Sandwich Islands to convey the sovereignty of those +islands to the United States and requesting all official information in +my possession touching the subject. + +This request has been taken into the most respectful consideration, but +the conclusion at which I have arrived is that the public interest would +not be promoted, but, on the contrary, might under circumstances of +possible occurrence, be seriously endangered if it were now to be +complied with. + +MILLARD FILLMORE. + + + +WASHINGTON CITY, _July 1, 1852_. + +_To the Senate of the United States_: + +On the 26th ultimo I received a resolution of the Senate, passed in +executive session, in the following words: + + _Resolved,_ That the President of the United States be requested to + inform the Senate, if not in his opinion incompatible with the public + interest, whether any convention or compact has been entered into on the + part of the United States and the Government of Great Britain whereby + the two Governments jointly recommend or advise the Republics of Costa + Rica and Nicaragua, or either of those Republics, and the Mosquito + Indians, inhabiting the Mosquito Coast, in Central America, on matters + affecting their several and respective boundaries, or whereby any + recommendation or advice is given to either of said Republics or said + Indians respecting the territorial rights thereafter to be enjoyed or + observed by them respectively, or in any other manner affecting or + regulating the relations hereafter to be maintained between said + Republics themselves, or either of them, and the said Indians concerning + their territorial boundaries or other matters thereto appertaining. And + if there be any such convention or compact, then that the President be + requested to communicate the same, or a copy thereof, to the Senate, and + to inform the Senate whether the same was made at the request or + invitation of either of said Republics or of said Indians, or with their + privity, approbation, or consent. And that the President be further + requested to communicate to the Senate copies of all correspondence + between the Executive and Great Britain, or with either of said + Republics of Central America, touching said convention, and of all + documents connected therewith. And if such convention or compact has + been made, that the President be further requested to inform the Senate + whether the same has been formally communicated to the respective + Governments of Nicaragua and Costa Rica and the Mosquito Indians on the + part of the Governments of Great Britain and the United States, and in + what form such communications have been made to them, and that he lay + before the Senate copies of any instructions that have been given to the + representatives or agents of the United States at Nicaragua and Costa + Rica touching such convention and the matters therein contained, with + copies of like instructions to any naval officer of the United States + relating to or in any manner concerning the said convention or its + communication to said Republics or said Indians. + + +On the same day I returned the following answer to that resolution: + + I have received and taken into respectful consideration the resolution + of the Senate of yesterday, adopted in executive session, requesting + information in regard to supposed negotiations between the United States + and Great Britain and between the United States and the Republics of + Nicaragua and Costa Rica, respectively. Any information which may be in + the possession of the Executive on these subjects shall in due time be + laid before the Senate, but it is apprehended that it would not comport + with the public interests to communicate it under existing + circumstances. + + +Great was my surprise to observe this morning in one of the public +journals a statement of what purports to be a proposition, jointly +signed by Her Britannic Majesty's minister here and the Secretary of +State, for the adjustment of certain claims to territory between +Nicaragua, Costa Rica, and the Mosquito Indians. I have caused immediate +inquiry to be made into the origin of this highly improper publication, +and shall omit no proper or legal means for bringing it to light. +Whether it shall turn out to have been caused by unfaithfulness or +breach of duty in any officer of this Government, high or low, or by +a violation of diplomatic confidence, the appropriate remedy will be +immediately applied, as being due not only to this Government, but to +other governments. And I hold this communication to be especially proper +to be made immediately by me to the Senate, after what has transpired +on this subject, that the Senate may be perfectly assured that no +information asked by it has been withheld and at the same time permitted +to be published to the world. + +This publication can not be considered otherwise than as a breach of +official duty by some officer of the Government or a gross violation of +the confidence necessary always to be reposed in the representatives of +other nations. An occurrence of this kind can not but weaken the faith +so desirable to be preserved between different governments and to injure +the negotiations now pending, and it merits the severest reprobation. + +MILLARD FILLMORE. + + + +WASHINGTON CITY, _July 2, 1852_. + +_To the Senate of the United States_: + +I herewith transmit, for the advice and consent of the Senate, a treaty +recently negotiated with the Chickasaw Nation of Indians. + +The nature and objects of the treaty are fully explained by the report +of Mr. Harper, who negotiated it in behalf of the United States. + +MILLARD FILLMORE. + + + +WASHINGTON, _July 2, 1852_. + +_To the Senate and House of Representatives_: + +By an act of Congress approved on the 10th day of February, 1852, an +appropriation of $6,000 was made for the relief of _American citizens_ +then lately imprisoned and pardoned by the Queen of Spain, intended +to provide for the return of such of the Cuban prisoners as were +citizens of the United States who had been transported to Spain and +there pardoned by the Spanish Government. It will be observed that no +provision was made for such foreigners or aliens as were engaged in the +Cuban expedition, and who had shared the fate of American citizens, for +whose relief the said act was intended to provide. I now transmit a +report from the First Comptroller, with accompanying papers, from which +it will be perceived that fifteen foreigners were connected with that +expedition, who were also pardoned by the Queen of Spain, and have been +transported to the United States under a contract made with our consul, +at an expense of $1,013.34, for the payment of which no provision +has been made by law. The consul having evidently acted with good +intentions, the claim is submitted for the consideration of Congress. + +MILLARD FILLMORE. + + + +WASHINGTON, _July 13, 1852_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives requesting +information relative to the policy of the Government in regard to the +island of Cuba, I transmit a report from the Department of State and +the documents by which it was accompanied. + +MILLARD FILLMORE. + + + +EXECUTIVE MANSION, + +_Washington City, July 26, 1852_. + +_To the Senate of the United States_: + +In obedience to your resolution adopted in executive session June 11, +1852, I have the honor herewith to communicate a report[23] from the +Secretary of the Interior, containing the information called for by that +resolution. + +MILLARD FILLMORE. + +[Footnote 23: Relating to the boundary line between the United States +and Mexico.] + + + +WASHINGTON, _July 27, 1852_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 19th instant, +requesting the correspondence between the Government of the United +States and that of the Mexican Republic respecting a right of way +across the Isthmus of Tehuantepec, I transmit a report from the +Department of State and the documents by which it was accompanied. + +MILLARD FILLMORE. + + + +WASHINGTON, _July 29, 1852_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 27th instant, +I transmit the copy of the notes[24] of Mr. Luis de la Rosa and Mr. +J.M. Gonzales de la Vega, which it requests. + +MILLARD FILLMORE. + +[Footnote 24: Upon the subject of the American and Mexican boundary +commission.] + + + +WASHINGTON, _July 31, 1852_. + +_To the Senate of the United States_: + +I communicate to the Senate herewith, for its constitutional action +thereon, nineteen treaties negotiated by commissioners on the part of +the United States with various tribes of Indians in the Territory of +Oregon, accompanied by a letter to me from the Secretary of the Interior +and certain documents having reference thereto. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 2, 1852_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 23d ultimo, requesting +information in regard to the fisheries on the coasts of the British +possessions in North America, I transmit a report from the Acting +Secretary of State and the documents by which it was accompanied. +Commodore M.C. Perry, with the United States steam frigate _Mississippi_ +under his command, has been dispatched to that quarter for the purpose +of protecting the rights of American fishermen under the convention of +1818. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 9, 1852_. + +_To the House of Representatives of the United States_: + +I transmit a report from the Acting Secretary of State and the documents +by which it was accompanied, in answer to a resolution of the House of +Representatives of the 22d ultimo, on the subject of the fisheries, and +state for the information of that House that the United States steam +frigate _Mississippi_ has been dispatched to the fishing grounds on the +coasts of the British possessions in North America for the purpose of +protecting the rights of American fishermen under the convention between +the United States and Great Britain of the 20th of October, 1818. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 10, 1852_. + +_To the Senate of the United States_: + +I transmit a copy of the certificate of the exchange of the +ratifications of the general convention of peace, amity, commerce, and +navigation between the United States and the Republic of San Salvador, +signed at Leon, in Nicaragua, on the 2d of January, 1850. It will be +seen that the exchange was not effected until the 2d of June last, but +that it was stipulated that the convention was not to be binding upon +either of the parties thereto until the Senate of the United States +should have duly sanctioned the exchange. + +The Senate by its resolution of the 27th of September, 1850, authorized +the exchange to take place at any time prior to the 1st of April, 1851. + +Mr. Kerr, the charge d'affaires of the United States to Nicaragua, +however, who was authorized to make the exchange on the part of this +Government, was unavoidably detained in that Republic, in consequence of +which the exchange could not be effected within the period referred to. + +The expediency of sanctioning the exchange which has been made by +Mr. Kerr, and of authorizing the convention to go into effect, is +accordingly submitted to the consideration of the Senate. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 12, 1852_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate dated the 20th ultimo, +requesting information in regard to controversies between the consul of +the United States at Acapulco and the Mexican authorities, I transmit +a report from the Secretary of State and the documents by which it was +accompanied. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 13, 1852_. + +_To the Senate of the United States_: + +I transmit a report from the Secretary of State upon the subject of the +relations between the United States and the Republics of Nicaragua and +Costa Rica, in Central America, which has been delayed longer than I +desired in consequence of the ill health of the Secretary of State. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 14, 1852_. + +_To the Senate of the United States_: + +I have received a resolution from your honorable body of the 6th +instant, appearing to have been adopted in open legislative session, +requesting me "to inform the Senate, if not incompatible with the public +interests, whether any propositions have been made by the King of the +Sandwich Islands to transfer the sovereignty of these islands to the +United States, and to communicate to the Senate all the official +information on that subject in my possession;" in reply to which I have +to state that on or about the 12th day of June last I received a similar +resolution from the Senate adopted in executive or secret session, to +which I returned an answer stating that in my opinion a communication of +the information requested at that juncture would not comport with the +public interest. Nothing has since transpired to change my views on that +subject, and I therefore feel constrained again to decline giving the +information asked. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 21, 1852_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 9th instant, requesting +information touching the Lobos Islands, I transmit a report from the +Secretary of State and the documents by which it was accompanied. The +instructions to the squadron of the United States called for by the +resolution will be communicated on an early future occasion. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 27, 1852_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 14th ultimo, requesting +a copy of the correspondence of Mr. R.M. Walsh while he was employed +as a special agent of this Government in the island of St. Domingo, +I transmit a report from the Secretary of State and the documents by +which it was accompanied. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 27, 1852_. + +_To the Senate of the United States_: + +I transmit a further report from the Secretary of State relative to the +Lobos Islands. This report is accompanied by a copy of the orders of the +Navy Department to Commodore McCauley, requested by the resolution of +the Senate of the 9th instant. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 27, 1852_. + +_To the Senate of the United States_: + +As it is not deemed advisable that the instruction to Mr. R.M. Walsh,[25] +a copy of which is herewith transmitted, should be published at this +time, I communicate it confidentially to the Senate in executive +session. + +MILLARD FILLMORE. + +[Footnote 25: Special agent of the United States in the island of St. +Domingo.] + + + +WASHINGTON, _August 27, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a supplementary convention relative to commerce and +navigation between the United States and the Netherlands, signed +in this city on the 26th instant. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 27, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a convention between the United States and Belgium for +regulating the right of inheriting and acquiring property, signed in +this city on the 25th instant. + +MILLARD FILLMORE. + + + +WASHINGTON, _August 31, 1852_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 21st instant, +requesting information in respect to foreign postal arrangements, and +especially cheap ocean postage, I transmit a report of the Secretary +of State and the documents by which it was accompanied. + +MILLARD FILLMORE. + + + + +EXECUTIVE ORDERS. + + + +WASHINGTON CITY, + +_May 17, 1852_. + +The SECRETARY OF WAR. + +MY DEAR SIR: I have just issued an authority to Hugh Maxwell, collector +at New York, under the eighth section of the act of April 20, 1818, +to arrest any unlawful expedition that may be attempted to be fitted +out within his district, and I have given him power to call upon +any military and naval officers that may be there to aid him in the +execution of this duty; and I will thank you to issue the necessary +instructions to the proper military officer in that district. + +I am, your obedient servant, + +MILLARD FILLMORE. + + + +WASHINGTON CITY, + +_Tuesday, June 29, 1852--12.30 o'clock p.m._ + +SIR:[26] The tolling bells announce the death of the Hon. Henry Clay. +Though this event has been long anticipated, yet the painful bereavement +could never be fully realized. I am sure all hearts are too sad at this +moment to attend to business, and I therefore respectfully suggest that +your Department be closed for the remainder of the day. + +I have the honor to be, your obedient servant, + +MILLARD FILLMORE. + +[Footnote 26: Addressed to the heads of the several Executive +Departments.] + + + +WASHINGTON, _September 13, 1852_. + +General Jos. G. TOTTEN. + +SIR: I have to acknowledge the receipt of your favor of the 11th instant +and to say that I shall be pleased if you will cause the necessary +surveys, projects, and estimates for determining the best means of +affording the cities of Washington and Georgetown an unfailing and +abundant supply of good and wholesome water to be made as soon as +possible. + +I am, very respectfully, your obedient servant, + +MILLARD FILLMORE. + + + +[From the Daily National Intelligencer, October 26, 1852.] + +EXECUTIVE MANSION, + +_Washington, Monday Morning, October 25, 1852_. + +The ACTING SECRETARY OF STATE and the SECRETARIES OF THE TREASURY, +INTERIOR, WAR, NAVY, the ATTORNEY-GENERAL and POSTMASTER-GENERAL. + +GENTLEMEN: The painful intelligence received yesterday enforces upon me +the sad duty of announcing to the Executive Departments the death of the +Secretary of State. Daniel Webster died at Marshfield, in Massachusetts, +on Sunday, the 24th of October, between 2 and 3 o'clock in the morning. + +Whilst this irreparable loss brings its natural sorrow to every American +heart and will be heard far beyond our borders with mournful respect +wherever civilization has nurtured men who find in transcendent +intellect and faithful, patriotic service a theme for praise, it +will visit with still more poignant emotion his colleagues in the +Administration, with whom his relations have been so intimate and +so cordial. + +The fame of our illustrious statesman belongs to his country, the +admiration of it to the world. The record of his wisdom will inform +future generations not less than its utterance has enlightened the +present. He has bequeathed to posterity the richest fruits of the +experience and judgment of a great mind conversant with the greatest +national concerns. In these his memory will endure as long as our +country shall continue to be the home and guardian of freemen. + +The people will share with the Executive Departments in the common +grief which bewails his departure from amongst us. + +In the expression of individual regret at this afflicting event the +Executive Departments of the Government will be careful to manifest +every observance of honor which custom has established as appropriate +to the memory of one so eminent as a public functionary and so +distinguished as a citizen. + +The Acting Secretary of State will communicate this sad intelligence to +the diplomatic corps near this Government and, through our ministers +abroad, to foreign governments. + +The members of the Cabinet are requested, as a further testimony of +respect for the deceased, to wear the usual badges of mourning for +thirty days. + +I am, gentlemen, your obedient servant, + +MILLARD FILLMORE. + + + + +THIRD ANNUAL MESSAGE. + + +WASHINGTON, _December 6, 1852_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +The brief space which has elapsed since the close of your last session +has been marked by no extraordinary political event. The quadrennial +election of Chief Magistrate has passed off with less than the usual +excitement. However individuals and parties may have been disappointed +in the result, it is, nevertheless, a subject of national congratulation +that the choice has been effected by the independent suffrages of a free +people, undisturbed by those influences which in other countries have +too often affected the purity of popular elections. + +Our grateful thanks are due to an all-merciful Providence, not only +for staying the pestilence which in different forms has desolated some +of our cities, but for crowning the labors of the husbandman with an +abundant harvest and the nation generally with the blessings of peace +and prosperity. + +Within a few weeks the public mind has been deeply affected by the +death of Daniel Webster, filling at his decease the office of Secretary +of State. His associates in the executive government have sincerely +sympathized with his family and the public generally on this mournful +occasion. His commanding talents, his great political and professional +eminence, his well-tried patriotism, and his long and faithful services +in the most important public trusts have caused his death to be lamented +throughout the country and have earned for him a lasting place in our +history. + +In the course of the last summer considerable anxiety was caused for +a short time by an official intimation from the Government of Great +Britain that orders had been given for the protection of the fisheries +upon the coasts of the British Provinces in North America against the +alleged encroachments of the fishing vessels of the United States and +France. The shortness of this notice and the season of the year seemed +to make it a matter of urgent importance. It was at first apprehended +that an increased naval force had been ordered to the fishing grounds +to carry into effect the British interpretation of those provisions in +the convention of 1818 in reference to the true intent of which the two +Governments differ. It was soon discovered that such was not the design +of Great Britain, and satisfactory explanations of the real objects of +the measure have been given both here and in London. + +The unadjusted difference, however, between the two Governments as to +the interpretation of the first article of the convention of 1818 is +still a matter of importance. American fishing vessels, within nine or +ten years, have been excluded from waters to which they had free access +for twenty-five years after the negotiation of the treaty. In 1845 this +exclusion was relaxed so far as concerns the Bay of Fundy, but the just +and liberal intention of the home Government, in compliance with what +we think the true construction of the convention, to open all the +other outer bays to our fishermen was abandoned in consequence of the +opposition of the colonies. Notwithstanding this, the United States +have, since the Bay of Fundy was reopened to our fishermen in 1845, +pursued the most liberal course toward the colonial fishing interests. +By the revenue law of 1846 the duties on colonial fish entering our +ports were very greatly reduced, and by the warehousing act it is +allowed to be entered in bond without payment of duty. In this way +colonial fish has acquired the monopoly of the export trade in our +market and is entering to some extent into the home consumption. These +facts were among those which increased the sensibility of our fishing +interest at the movement in question. + +These circumstances and the incidents above alluded to have led me to +think the moment favorable for a reconsideration of the entire subject +of the fisheries on the coasts of the British Provinces, with a view to +place them upon a more liberal footing of reciprocal privilege. A +willingness to meet us in some arrangement of this kind is understood to +exist on the part of Great Britain, with a desire on her part to include +in one comprehensive settlement as well this subject as the commercial +intercourse between the United States and the British Provinces. I have +thought that, whatever arrangements may be made on these two subjects, +it is expedient that they should be embraced in separate conventions. +The illness and death of the late Secretary of State prevented the +commencement of the contemplated negotiation. Pains have been taken to +collect the information required for the details of such an arrangement. +The subject is attended with considerable difficulty. If it is found +practicable to come to an agreement mutually acceptable to the two +parties, conventions may be concluded in the course of the present +winter. The control of Congress over all the provisions of such an +arrangement affecting the revenue will of course be reserved. + +The affairs of Cuba formed a prominent topic in my last annual message. +They remain in an uneasy condition, and a feeling of alarm and +irritation on the part of the Cuban authorities appears to exist. This +feeling has interfered with the regular commercial intercourse between +the United States and the island and led to some acts of which we have +a right to complain. But the Captain-General of Cuba is clothed with no +power to treat with foreign governments, nor is he in any degree under +the control of the Spanish minister at Washington. Any communication +which he may hold with an agent of a foreign power is informal and +matter of courtesy. Anxious to put an end to the existing inconveniences +(which seemed to rest on a misconception), I directed the newly +appointed minister to Mexico to visit Havana on his way to Vera Cruz. +He was respectfully received by the Captain-General, who conferred with +him freely on the recent occurrences, but no permanent arrangement was +effected. + +In the meantime the refusal of the Captain-General to allow passengers +and the mail to be landed in certain cases, for a reason which does not +furnish, in the opinion of this Government, even a good presumptive +ground for such prohibition, has been made the subject of a serious +remonstrance at Madrid, and I have no reason to doubt that due respect +will be paid by the Government of Her Catholic Majesty to the +representations which our minister has been instructed to make on the +subject. + +It is but justice to the Captain-General to add that his conduct toward +the steamers employed to carry the mails of the United States to Havana +has, with the exceptions above alluded to, been marked with kindness and +liberality, and indicates no general purpose of interfering with the +commercial correspondence and intercourse between the island and this +country. + +Early in the present year official notes were received from the +ministers of France and England inviting the Government of the United +States to become a party with Great Britain and France to a tripartite +convention, in virtue of which the three powers should severally and +collectively disclaim now and for the future all intention to obtain +possession of the island of Cuba, and should bind themselves to +discountenance all attempts to that effect on the part of any power or +individual whatever. This invitation has been respectfully declined, for +reasons which it would occupy too much space in this communication to +state in detail, but which led me to think that the proposed measure +would be of doubtful constitutionality, impolitic, and unavailing. I +have, however, in common with several of my predecessors, directed the +ministers of France and England to be assured that the United States +entertain no designs against Cuba, but that, on the contrary, I should +regard its incorporation into the Union at the present time as fraught +with serious peril. + +Were this island comparatively destitute of inhabitants or occupied by a +kindred race, I should regard it, if voluntarily ceded by Spain, as a +most desirable acquisition. But under existing circumstances I should +look upon its incorporation into our Union as a very hazardous measure. +It would bring into the Confederacy a population of a different national +stock, speaking a different language, and not likely to harmonize with +the other members. It would probably affect in a prejudicial manner the +industrial interests of the South, and it might revive those conflicts +of opinion between the different sections of the country which lately +shook the Union to its center, and which have been so happily +compromised. + +The rejection by the Mexican Congress of the convention which had been +concluded between that Republic and the United States for the protection +of a transit way across the Isthmus of Tehuantepec and of the interests +of those citizens of the United States who had become proprietors of +the rights which Mexico had conferred on one of her own citizens in +regard to that transit has thrown a serious obstacle in the way of the +attainment of a very desirable national object. I am still willing to +hope that the differences on the subject which exist, or may hereafter +arise, between the Governments will be amicably adjusted. This subject, +however, has already engaged the attention of the Senate of the United +States, and requires no further comment in this communication. + +The settlement of the question respecting the port of San Juan de +Nicaragua and of the controversy between the Republics of Costa Rica and +Nicaragua in regard to their boundaries was considered indispensable to +the commencement of the ship canal between the two oceans, which was the +subject of the convention between the United States and Great Britain +of the 19th of April, 1850. Accordingly, a proposition for the same +purposes, addressed to the two Governments in that quarter and to the +Mosquito Indians, was agreed to in April last by the Secretary of State +and the minister of Her Britannic Majesty. Besides the wish to aid in +reconciling the differences of the two Republics, I engaged in the +negotiation from a desire to place the great work of a ship canal +between the two oceans under one jurisdiction and to establish the +important port of San Juan de Nicaragua under the government of a +civilized power. The proposition in question was assented to by Costa +Rica and the Mosquito Indians. It has not proved equally acceptable +to Nicaragua, but it is to be hoped that the further negotiations on +the subject which are in train will be carried on in that spirit of +conciliation and compromise which ought always to prevail on such +occasions, and that they will lead to a satisfactory result. + +I have the satisfaction to inform you that the executive government of +Venezuela has acknowledged some claims of citizens of the United States +which have for many years past been urged by our charge d'affaires at +Caracas. It is hoped that the same sense of justice will actuate the +Congress of that Republic in providing the means for their payment. + +The recent revolution in Buenos Ayres and the Confederated States having +opened the prospect of an improved state of things in that quarter, the +Governments of Great Britain and France determined to negotiate with the +chief of the new confederacy for the free access of their commerce to +the extensive countries watered by the tributaries of the La Plata; and +they gave a friendly notice of this purpose to the United States, that +we might, if we thought proper, pursue the same course. In compliance +with this invitation, our minister at Rio Janeiro and our charge +d'affaires at Buenos Ayres have been fully authorized to conclude +treaties with the newly organized confederation or the States composing +it. The delays which have taken place in the formation of the new +government have as yet prevented the execution of those instructions, +but there is every reason to hope that these vast countries will be +eventually opened to our commerce. + +A treaty of commerce has been concluded between the United States and +the Oriental Republic of Uruguay, which will be laid before the Senate. +Should this convention go into operation, it will open to the commercial +enterprise of our citizens a country of great extent and unsurpassed in +natural resources, but from which foreign nations have hitherto been +almost wholly excluded. + +The correspondence of the late Secretary of State with the Peruvian +charge d'affaires relative to the Lobos Islands was communicated to +Congress toward the close of the last session. Since that time, on +further investigation of the subject, the doubts which had been +entertained of the title of Peru to those islands have been removed, +and I have deemed it just that the temporary wrong which had been +unintentionally done her from want of information should be repaired +by an unreserved acknowledgment of her sovereignty. + +I have the satisfaction to inform you that the course pursued by Peru +has been creditable to the liberality of her Government. Before it was +known by her that her title would be acknowledged at Washington, her +minister of foreign affairs had authorized our charge d'affaires at Lima +to announce to the American vessels which had gone to the Lobos for +guano that the Peruvian Government was willing to freight them on its +own account. This intention has been carried into effect by the Peruvian +minister here by an arrangement which is believed to be advantageous to +the parties in interest. + +Our settlements on the shores of the Pacific have already given a great +extension, and in some respects a new direction, to our commerce in that +ocean. A direct and rapidly increasing intercourse has sprung up with +eastern Asia. The waters of the Northern Pacific, even into the Arctic +Sea, have of late years been frequented by our whalemen. The application +of steam to the general purposes of navigation is becoming daily more +common, and makes it desirable to obtain fuel and other necessary +supplies at convenient points on the route between Asia and our Pacific +shores. Our unfortunate countrymen who from time to time suffer +shipwreck on the coasts of the eastern seas are entitled to protection. +Besides these specific objects, the general prosperity of our States on +the Pacific requires that an attempt should be made to open the opposite +regions of Asia to a mutually beneficial intercourse. It is obvious that +this attempt could be made by no power to so great advantage as by +the United States, whose constitutional system excludes every idea of +distant colonial dependencies. I have accordingly been led to order an +appropriate naval force to Japan, under the command of a discreet and +intelligent officer of the highest rank known to our service. He is +instructed to endeavor to obtain from the Government of that country +some relaxation of the inhospitable and antisocial system which it has +pursued for about two centuries. He has been directed particularly to +remonstrate in the strongest language against the cruel treatment to +which our shipwrecked mariners have often been subjected and to insist +that they shall be treated with humanity. He is instructed, however, +at the same time, to give that Government the amplest assurances that +the objects of the United States are such, and such only, as I have +indicated, and that the expedition is friendly and peaceful. +Notwithstanding the jealousy with which the Governments of eastern +Asia regard all overtures from foreigners, I am not without hopes of a +beneficial result of the expedition. Should it be crowned with success, +the advantages will not be confined to the United States, but, as in the +case of China, will be equally enjoyed by all the other maritime powers. +I have much satisfaction in stating that in all the steps preparatory to +this expedition the Government of the United States has been materially +aided by the good offices of the King of the Netherlands, the only +European power having any commercial relations with Japan. + +In passing from this survey of our foreign relations, I invite the +attention of Congress to the condition of that Department of the +Government to which this branch of the public business is intrusted. Our +intercourse with foreign powers has of late years greatly increased, +both in consequence of our own growth and the introduction of many new +states into the family of nations. In this way the Department of State +has become overburdened. It has by the recent establishment of the +Department of the Interior been relieved of some portion of the domestic +business. If the residue of the business of that kind--such as the +distribution of Congressional documents, the keeping, publishing, and +distribution of the laws of the United States, the execution of the +copyright law, the subject of reprieves and pardons, and some other +subjects relating to interior administration--should be transferred from +the Department of State, it would unquestionably be for the benefit of +the public service. I would also suggest that the building appropriated +to the State Department is not fireproof; that there is reason to think +there are defects in its construction, and that the archives of the +Government in charge of the Department, with the precious collections of +the manuscript papers of Washington, Jefferson, Hamilton, Madison, and +Monroe, are exposed to destruction by fire. A similar remark may be made +of the buildings appropriated to the War and Navy Departments. + +The condition of the Treasury is exhibited in the annual report from +that Department. + +The cash receipts into the Treasury for the fiscal year ending the +30th June last, exclusive of trust funds, were $49,728,386.89, and +the expenditures for the same period, likewise exclusive of trust +funds, were $46,007,896.20, of which $9,455,815.83 was on account +of the principal and interest of the public debt, including the last +installment of the indemnity to Mexico under the treaty of Guadalupe +Hidalgo, leaving a balance of $14,632,136.37 in the Treasury on the +1st day of July last. Since this latter period further purchases +of the principal of the public debt have been made to the extent of +$2,456,547.49, and the surplus in the Treasury will continue to be +applied to that object whenever the stock can be procured within the +limits as to price authorized by law. + +The value of foreign merchandise imported during the last fiscal year +was $207,240,101, and the value of domestic productions exported was +$149,861,911, besides $17,204,026 of foreign merchandise exported, +making the aggregate of the entire exports $167,065,937. Exclusive of +the above, there was exported $42,507,285 in specie, and imported from +foreign ports $5,262,643. + +In my first annual message to Congress I called your attention to what +seemed to me some defects in the present tariff, and recommended such +modifications as in my judgment were best adapted to remedy its evils +and promote the prosperity of the country. Nothing has since occurred +to change my views on this important question. + +Without repeating the arguments contained in my former message in favor +of discriminating protective duties, I deem it my duty to call your +attention to one or two other considerations affecting this subject. +The first is the effect of large importations of foreign goods upon +our currency. Most of the gold of California, as fast as it is coined, +finds its way directly to Europe in payment for goods purchased. +In the second place, as our manufacturing establishments are broken +down by competition with foreigners, the capital invested in them is +lost, thousands of honest and industrious citizens are thrown out of +employment, and the farmer, to that extent, is deprived of a home market +for the sale of his surplus produce. In the third place, the destruction +of our manufactures leaves the foreigner without competition in our +market, and he consequently raises the price of the article sent here +for sale, as is now seen in the increased cost of iron imported from +England. The prosperity and wealth of every nation must depend upon its +productive industry. The farmer is stimulated to exertion by finding a +ready market for his surplus products, and benefited by being able to +exchange them without loss of time or expense of transportation for the +manufactures which his comfort or convenience requires. This is always +done to the best advantage where a portion of the community in which +he lives is engaged in other pursuits. But most manufactures require +an amount of capital and a practical skill which can not be commanded +unless they be protected for a time from ruinous competition from +abroad. Hence the necessity of laying those duties upon imported goods +which the Constitution authorizes for revenue in such a manner as to +protect and encourage the labor of our own citizens. Duties, however, +should not be fixed at a rate so high as to exclude the foreign article, +but should be so graduated as to enable the domestic manufacturer +fairly to compete with the foreigner in our own markets, and by this +competition to reduce the price of the manufactured article to the +consumer to the lowest rate at which it can be produced. This policy +would place the mechanic by the side of the farmer, create a mutual +interchange of their respective commodities, and thus stimulate the +industry of the whole country and render us independent of foreign +nations for the supplies required by the habits or necessities of +the people. + +Another question, wholly independent of protection, presents itself, +and that is, whether the duties levied should be upon the value of +the article at the place of shipment, or, where it is practicable, +a specific duty, graduated according to quantity, as ascertained by +weight or measure. All our duties are at present _ad valorem_. A +certain percentage is levied on the price of the goods at the port +of shipment in a foreign country. Most commercial nations have found it +indispensable, for the purpose of preventing fraud and perjury, to make +the duties specific whenever the article is of such a uniform value in +weight or measure as to justify such a duty. Legislation should never +encourage dishonesty or crime. It is impossible that the revenue +officers at the port where the goods are entered and the duties paid +should know with certainty what they cost in the foreign country. Yet +the law requires that they should levy the duty according to such cost. +They are therefore compelled to resort to very unsatisfactory evidence +to ascertain what that cost was. They take the invoice of the importer, +attested by his oath, as the best evidence of which the nature of the +case admits. But everyone must see that the invoice may be fabricated +and the oath by which it is supported false, by reason of which the +dishonest importer pays a part only of the duties which are paid by the +honest one, and thus indirectly receives from the Treasury of the United +States a reward for his fraud and perjury. The reports of the Secretary +of the Treasury heretofore made on this subject show conclusively that +these frauds have been practiced to a great extent. The tendency is to +destroy that high moral character for which our merchants have long been +distinguished, to defraud the Government of its revenue, to break down +the honest importer by a dishonest competition, and, finally, to +transfer the business of importation to foreign and irresponsible +agents, to the great detriment of our own citizens. I therefore again +most earnestly recommend the adoption of specific duties wherever it +is practicable, or a home valuation, to prevent these frauds. + +I would also again call your attention to the fact that the present +tariff in some cases imposes a higher duty upon the raw material +imported than upon the article manufactured from it, the consequence of +which is that the duty operates to the encouragement of the foreigner +and the discouragement of our own citizens. + +For full and detailed information in regard to the general condition +of our Indian affairs, I respectfully refer you to the report of the +Secretary of the Interior and the accompanying documents. + +The Senate not having thought proper to ratify the treaties which have +been negotiated with the tribes of Indians in California and Oregon, our +relations with them have been left in a very unsatisfactory condition. + +In other parts of our territory particular districts of country have +been set apart for the exclusive occupation of the Indians, and their +right to the lands within those limits has been acknowledged and +respected. But in California and Oregon there has been no recognition by +the Government of the exclusive right of the Indians to any part of the +country. They are therefore mere tenants at sufferance, and liable to be +driven from place to place at the pleasure of the whites. + +The treaties which have been rejected proposed to remedy this evil +by allotting to the different tribes districts of country suitable +to their habits of life and sufficient for their support. This provision, +more than any other, it is believed, led to their rejection; and as +no substitute for it has been adopted by Congress, it has not been +deemed advisable to attempt to enter into new treaties of a permanent +character, although no effort has been spared by temporary arrangements +to preserve friendly relations with them. + +If it be the desire of Congress to remove them from the country +altogether, or to assign to them particular districts more remote from +the settlements of the whites, it will be proper to set apart by law the +territory which they are to occupy and to provide the means necessary +for removing them to it. Justice alike to our own citizens and to the +Indians requires the prompt action of Congress on this subject. + +The amendments proposed by the Senate to the treaties which were +negotiated with the Sioux Indians of Minnesota have been submitted to +the tribes who were parties to them, and have received their assent. +A large tract of valuable territory has thus been opened for settlement +and cultivation, and all danger of collision with these powerful and +warlike bands has been happily removed. + +The removal of the remnant of the tribe of Seminole Indians from Florida +has long been a cherished object of the Government, and it is one to +which my attention has been steadily directed. Admonished by past +experience of the difficulty and cost of the attempt to remove them +by military force, resort has been had to conciliatory measures. +By the invitation of the Commissioner of Indian Affairs, several of +the principal chiefs recently visited Washington, and whilst here +acknowledged in writing the obligation of their tribe to remove with +the least possible delay. Late advices from the special agent of the +Government represent that they adhere to their promise, and that a +council of their people has been called to make their preliminary +arrangements. A general emigration may therefore be confidently +expected at an early day. + +The report from the General Land Office shows increased activity in +its operations. The survey of the northern boundary of Iowa has been +completed with unexampled dispatch. Within the last year 9,522,953 +acres of public land have been surveyed and 8,032,463 acres brought +into market. + + Acres. + In the last fiscal year there were sold.............. 1,553,071 + Located with bounty-land warrants.................... 3,201,314 + Located with other certificates...................... 115,682 + --------- + Making a total of.................................... 4,870,067 + In addition there were-- + Reported under swamp-land grants..................... 5,219,188 + For internal improvements, railroads, etc............ 3,025,920 + --------- + Making an aggregate of............................... 13,115,175 + + +Being an increase of the amount sold and located under land warrants of +569,220 acres over the previous year. + +The whole amount thus sold, located under land warrants, reported under +swamp-land grants, and selected for internal improvements exceeds that +of the previous year by 3,342,372 acres; and the sales would without +doubt have been much larger but for the extensive reservations for +railroads in Missouri, Mississippi, and Alabama. + + Acres. + For the quarter ending 30th September, 1852, there + were sold..... 243,255 + Located with bounty-land warrants..................... 1,387,116 + Located with other certificates....................... 15,649 + Reported under swamp-land grants...................... 2,485,233 + --------- + Making an aggregate for the quarter of................ 4,131,253 + + +Much the larger portion of the labor of arranging and classifying the +returns of the last census has been finished, and it will now devolve +upon Congress to make the necessary provision for the publication of +the results in such form as shall be deemed best. The apportionment +of representation on the basis of the new census has been made by the +Secretary of the Interior in conformity with the provisions of law +relating to that subject, and the recent elections have been made in +accordance with it. + +I commend to your favorable regard the suggestion contained in the +report of the Secretary of the Interior that provision be made by law +for the publication and distribution, periodically, of an analytical +digest of all the patents which have been or may hereafter be granted +for useful inventions and discoveries, with such descriptions and +illustrations as may be necessary to present an intelligible view of +their nature and operation. The cost of such publication could easily +be defrayed out of the patent fund, and I am persuaded that it could be +applied to no object more acceptable to inventors and beneficial to the +public at large. + +An appropriation of $100,000 having been made at the last session for +the purchase of a suitable site and for the erection, furnishing, and +fitting up of an asylum for the insane of the District of Columbia and +of the Army and Navy of the United States, the proper measures have been +adopted to carry this beneficent purpose into effect. + +By the latest advices from the Mexican boundary commission it appears +that the survey of the river Gila from its confluence with the Colorado +to its supposed intersection with the western line of New Mexico has +been completed. The survey of the Rio Grande has also been finished from +the point agreed on by the commissioners as "the point where it strikes +the southern boundary of New Mexico" to a point 135 miles below Eagle +Pass, which is about two-thirds of the distance along the course of the +river to its mouth. + +The appropriation which was made at the last session of Congress for the +continuation of the survey is subject to the following proviso: + + _Provided_, That no part of this appropriation shall be used or + expended until it shall be made satisfactorily to appear to the + President of the United States that the southern boundary of New + Mexico is not established by the commissioner and surveyor of the + United States farther north of the town called "Paso" than the same + is laid down in Disturnell's map, which is added to the treaty. + + +My attention was drawn to this subject by a report from the Department +of the Interior, which reviewed all the facts of the case and submitted +for my decision the question whether under existing circumstances any +part, of the appropriation could be lawfully used or expended for the +further prosecution of the work. After a careful consideration of the +subject I came to the conclusion that it could not, and so informed +the head of that Department. Orders were immediately issued by him to +the commissioner and surveyor to make no further requisitions on the +Department, as they could not be paid, and to discontinue all operations +on the southern line of New Mexico. But as the Department had no exact +information as to the amount of provisions and money which remained +unexpended in the hands of the commissioner and surveyor, it was left +discretionary with them to continue the survey down the Rio Grande as +far as the means at their disposal would enable them or at once to +disband the commission. A special messenger has since arrived from the +officer in charge of the survey on the river with information that the +funds subject to his control were exhausted and that the officers and +others employed in the service were destitute alike of the means of +prosecuting the work and of returning to their homes. + +The object of the proviso was doubtless to arrest the survey of the +southern and western lines of New Mexico, in regard to which different +opinions have been expressed; for it is hardly to be supposed that there +could be any objection to that part of the line which extends along the +channel of the Rio Grande. But the terms of the law are so broad as to +forbid the use of any part of the money for the prosecution of the work, +or even for the payment to the officers and agents of the arrearages of +pay which are justly due to them. + +I earnestly invite your prompt attention to this subject, and recommend +a modification of the terms of the proviso, so as to enable the +Department to use as much of the appropriation as will be necessary +to discharge the existing obligations of the Government and to complete +the survey of the Rio Grande to its mouth. + +It will also be proper to make further provision by law for the +fulfillment of our treaty with Mexico for running and marking the +residue of the boundary line between the two countries. + +Permit me to invite your particular attention to the interests of the +District of Columbia, which are confided by the Constitution to your +peculiar care. + +Among the measures which seem to me of the greatest importance to its +prosperity are the introduction of a copious supply of water into the +city of Washington and the construction of suitable bridges across the +Potomac to replace those which were destroyed by high water in the early +part of the present year. + +At the last session of Congress an appropriation was made to defray +the cost of the surveys necessary for determining the best means of +affording an unfailing supply of good and wholesome water. Some progress +has been made in the survey, and as soon as it is completed the result +will be laid before you. + +Further appropriations will also be necessary for grading and paving the +streets and avenues and inclosing and embellishing the public grounds +within the city of Washington. + +I commend all these objects, together with the charitable institutions +of the District, to your favorable regard. + +Every effort has been made to protect our frontier and that of the +adjoining Mexican States from the incursions of the Indian tribes. +Of about 11,000 men of which the Army is composed, nearly 8,000 are +employed in the defense of the newly acquired territory (including +Texas) and of emigrants proceeding thereto. I am gratified to say that +these efforts have been unusually successful. With the exception of some +partial outbreaks in California and Oregon and occasional depredations +on a portion of the Rio Grande, owing, it is believed, to the disturbed +state of that border region, the inroads of the Indians have been +effectually restrained. + +Experience has shown, however, that whenever the two races are brought +into contact collisions will inevitably occur. To prevent these +collisions the United States have generally set apart portions of +their territory for the exclusive occupation of the Indian tribes. A +difficulty occurs, however, in the application of this policy to Texas. +By the terms of the compact by which that State was admitted into the +Union she retained the ownership of all the vacant lands within her +limits. The government of that State, it is understood, has assigned no +portion of her territory to the Indians, but as fast as her settlements +advance lays it off into counties and proceeds to survey and sell it. +This policy manifestly tends not only to alarm and irritate the Indians, +but to compel them to resort to plunder for subsistence. It also +deprives this Government of that influence and control over them without +which no durable peace can ever exist between them and the whites. I +trust, therefore, that a due regard for her own interests, apart from +considerations of humanity and justice, will induce that State to assign +a small portion of her vast domain for the provisional occupancy of the +small remnants of tribes within her borders, subject, of course, to her +ownership and eventual jurisdiction. If she should fail to do this, the +fulfillment of our treaty stipulations with Mexico and our duty to the +Indians themselves will, it is feared, become a subject of serious +embarrassment to the Government. It is hoped, however, that a timely +and just provision by Texas may avert this evil. + +No appropriations for fortifications were made at the two last sessions +of Congress. The cause of this omission is probably to be found in a +growing belief that the system of fortifications adopted in 1816, and +heretofore acted on, requires revision. + +The subject certainly deserves full and careful investigation, but +it should not be delayed longer than can be avoided. In the meantime +there are certain works which have been commenced, some of them nearly +completed, designed to protect our principal seaports from Boston to New +Orleans and a few other important points. In regard to the necessity for +these works, it is believed that little difference of opinion exists +among military men. I therefore recommend that the appropriations +necessary to prosecute them be made. + +I invite your attention to the remarks on this subject and on others +connected with his Department contained in the accompanying report of +the Secretary of War. + +Measures have been taken to carry into effect the law of the last +session making provision for the improvement of certain rivers and +harbors, and it is believed that the arrangements made for that purpose +will combine efficiency with economy. Owing chiefly to the advanced +season when the act was passed, little has yet been done in regard +to many of the works beyond making the necessary preparations. With +respect to a few of the improvements, the sums already appropriated +will suffice to complete them; but most of them will require additional +appropriations. I trust that these appropriations will be made, and +that this wise and beneficent policy, so auspiciously resumed, will be +continued. Great care should be taken, however, to commence no work +which is not of sufficient importance to the commerce of the country +to be viewed as national in its character. But works which have been +commenced should not be discontinued until completed, as otherwise the +sums expended will in most cases be lost. + +The report from the Navy Department will inform you of the prosperous +condition of the branch of the public service committed to its charge. +It presents to your consideration many topics and suggestions of which +I ask your approval. It exhibits an unusual degree of activity in the +operations of the Department during the past year. The preparations for +the Japan expedition, to which I have already alluded; the arrangements +made for the exploration and survey of the China Seas, the Northern +Pacific, and Behrings Straits; the incipient measures taken toward a +reconnaissance of the continent of Africa eastward of Liberia; the +preparation for an early examination of the tributaries of the river La +Plata, which a recent decree of the provisional chief of the Argentine +Confederation has opened to navigation--all these enterprises and the +means by which they are proposed to be accomplished have commanded my +full approbation, and I have no doubt will be productive of most useful +results. + +Two officers of the Navy were heretofore instructed to explore the whole +extent of the Amazon River from the confines of Peru to its mouth. The +return of one of them has placed in the possession of the Government an +interesting and valuable account of the character and resources of a +country abounding in the materials of commerce, and which if opened to +the industry of the world will prove an inexhaustible fund of wealth. +The report of this exploration will be communicated to you as soon as +it is completed. + +Among other subjects offered to your notice by the Secretary of the +Navy, I select for special commendation, in view of its connection +with the interests of the Navy, the plan submitted by him for the +establishment of a permanent corps of seamen and the suggestions he +has presented for the reorganization of the Naval Academy. + +In reference to the first of these, I take occasion to say that I think +it will greatly improve the efficiency of the service, and that I regard +it as still more entitled to favor for the salutary influence it must +exert upon the naval discipline, now greatly disturbed by the increasing +spirit of insubordination resulting from our present system. The plan +proposed for the organization of the seamen furnishes a judicious +substitute for the law of September, 1850, abolishing corporal +punishment, and satisfactorily sustains the policy of that act under +conditions well adapted to maintain the authority of command and the +order and security of our ships. It is believed that any change which +proposes permanently to dispense with this mode of punishment should be +preceded by a system of enlistment which shall supply the Navy with +seamen of the most meritorious class, whose good deportment and pride +of character may preclude all occasion for a resort to penalties of a +harsh or degrading nature. The safety of a ship and her crew is often +dependent upon immediate obedience to a command, and the authority to +enforce it must be equally ready. The arrest of a refractory seaman +in such moments not only deprives the ship of indispensable aid, but +imposes a necessity for double service on others, whose fidelity to +their duties may be relied upon in such an emergency. The exposure to +this increased and arduous labor since the passage of the act of 1850 +has already had, to a most observable and injurious extent, the effect +of preventing the enlistment of the best seamen in the Navy. The plan +now suggested is designed to promote a condition of service in which +this objection will no longer exist. The details of this plan may be +established in great part, if not altogether, by the Executive under the +authority of existing laws, but I have thought it proper, in accordance +with the suggestion of the Secretary of the Navy, to submit it to your +approval. + +The establishment of a corps of apprentices for the Navy, or boys to +be enlisted until they become of age, and to be employed under such +regulations as the Navy Department may devise, as proposed in the +report, I cordially approve and commend to your consideration; and +I also concur in the suggestion that this system for the early training +of seamen may be most usefully ingrafted upon the service of our merchant +marine. + +The other proposition of the report to which I have referred--the +reorganization of the Naval Academy--I recommend to your attention as a +project worthy of your encouragement and support. The valuable services +already rendered by this institution entitle it to the continuance of +your fostering care. + +Your attention is respectfully called to the report of the +Postmaster-General for the detailed operation of his Department during +the last fiscal year, from which it will be seen that the receipts from +postages for that time were less by $1,431,696 than for the preceding +fiscal year, being a decrease of about 23 per cent. + +This diminution is attributable to the reduction in the rates of postage +made by the act of March 3, 1851, which reduction took effect at the +commencement of the last fiscal year. + +Although in its operation during the last year the act referred to +has not fulfilled the predictions of its friends by increasing the +correspondence of the country in proportion to the reduction of postage, +I should, nevertheless, question the policy of returning to higher +rates. Experience warrants the expectation that as the community becomes +accustomed to cheap postage correspondence will increase. It is believed +that from this cause and from the rapid growth of the country in +population and business the receipts of the Department must ultimately +exceed its expenses, and that the country may safely rely upon the +continuance of the present cheap rate of postage. + +In former messages I have, among other things, respectfully recommended +to the consideration of Congress the propriety and necessity of further +legislation for the protection and punishment of foreign consuls +residing in the United States; to revive, with certain modifications, +the act of 10th March, 1838, to restrain unlawful military expeditions +against the inhabitants of conterminous states or territories; for the +preservation and protection from mutilation or theft of the papers, +records, and archives of the nation; for authorizing the surplus revenue +to be applied to the payment of the public debt in advance of the time +when it will become due; for the establishment of land offices for the +sale of the public lands in California and the Territory of Oregon; +for the construction of a road from the Mississippi Valley to the +Pacific Ocean; for the establishment of a bureau of agriculture for the +promotion of that interest, perhaps the most important in the country; +for the prevention of frauds upon the Government in applications for +pensions and bounty lands; for the establishment of a uniform fee bill, +prescribing a specific compensation for every service required of +clerks, district attorneys, and marshals; for authorizing an additional +regiment of mounted men for the defense of our frontiers against the +Indians and for fulfilling our treaty stipulations with Mexico to defend +her citizens against the Indians "with equal diligence and energy as our +own;" for determining the relative rank between the naval and civil +officers in our public ships and between the officers of the Army +and Navy in the various grades of each; for reorganizing the naval +establishment by fixing the number of officers in each grade, and +providing for a retired list upon reduced pay of those unfit for active +duty; for prescribing and regulating punishments in the Navy; for the +appointment of a commission to revise the public statutes of the United +States by arranging them in order, supplying deficiencies, correcting +incongruities, simplifying their language, and reporting them to +Congress for its final action; and for the establishment of a commission +to adjudicate and settle private claims against the United States. I am +not aware, however, that any of these subjects have been finally acted +upon by Congress. Without repeating the reasons for legislation on these +subjects which have been assigned in former messages, I respectfully +recommend them again to your favorable consideration. + +I think it due to the several Executive Departments of this Government +to bear testimony to the efficiency and integrity with which they are +conducted. With all the careful superintendence which it is possible for +the heads of those Departments to exercise, still the due administration +and guardianship of the public money must very much depend on the +vigilance, intelligence, and fidelity of the subordinate officers and +clerks, and especially on those intrusted with the settlement and +adjustment of claims and accounts. I am gratified to believe that they +have generally performed their duties faithfully and well. They are +appointed to guard the approaches to the public Treasury, and they +occupy positions that expose them to all the temptations and seductions +which the cupidity of peculators and fraudulent claimants can prompt +them to employ. It will be but a wise precaution to protect the +Government against that source of mischief and corruption, as far as it +can be done, by the enactment of all proper legal penalties. The laws +in this respect are supposed to be defective, and I therefore deem it +my duty to call your attention to the subject and to recommend that +provision be made by law for the punishment not only of those who shall +accept bribes, but also of those who shall either promise, give, or +offer to give to any of those officers or clerks a bribe or reward +touching or relating to any matter of their official action or duty. + +It has been the uniform policy of this Government, from its foundation +to the present day, to abstain from all interference in the domestic +affairs of other nations. The consequence has been that while the +nations of Europe have been engaged in desolating wars our country has +pursued its peaceful course to unexampled prosperity and happiness. The +wars in which we have been compelled to engage in defense of the rights +and honor of the country have been, fortunately, of short duration. +During the terrific contest of nation against nation which succeeded +the French Revolution we were enabled by the wisdom and firmness of +President Washington to maintain our neutrality. While other nations +were drawn into this wide-sweeping whirlpool, we sat quiet and unmoved +upon our own shores. While the flower of their numerous armies was +wasted by disease or perished by hundreds of thousands upon the +battlefield, the youth of this favored land were permitted to enjoy the +blessings of peace beneath the paternal roof. While the States of Europe +incurred enormous debts, under the burden of which their subjects still +groan, and which must absorb no small part of the product of the honest +industry of those countries for generations to come, the United States +have once been enabled to exhibit the proud spectacle of a nation free +from public debt, and if permitted to pursue our prosperous way for a +few years longer in peace we may do the same again. + +But it is now said by some that this policy must be changed. Europe is +no longer separated from us by a voyage of months, but steam navigation +has brought her within a few days' sail of our shores. We see more of +her movements and take a deeper interest in her controversies. Although +no one proposes that we should join the fraternity of potentates who +have for ages lavished the blood and treasure of their subjects in +maintaining "the balance of power," yet it is said that we ought to +interfere between contending sovereigns and their subjects for the +purpose of overthrowing the monarchies of Europe and establishing +in their place republican institutions. It is alleged that we have +heretofore pursued a different course from a sense of our weakness, but +that now our conscious strength dictates a change of policy, and that it +is consequently our duty to mingle in these contests and aid those who +are struggling for liberty. + +This is a most seductive but dangerous appeal to the generous sympathies +of freemen. Enjoying, as we do, the blessings of a free Government, +there is no man who has an American heart that would not rejoice to see +these blessings extended to all other nations. We can not witness the +struggle between the oppressed and his oppressor anywhere without the +deepest sympathy for the former and the most anxious desire for his +triumph. Nevertheless, is it prudent or is it wise to involve ourselves +in these foreign wars? Is it indeed true that we have heretofore +refrained from doing so merely from the degrading motive of a conscious +weakness? For the honor of the patriots who have gone before us, I can +not admit it. Men of the Revolution, who drew the sword against the +oppressions of the mother country and pledged to Heaven "their lives, +their fortunes, and their sacred honor" to maintain their freedom, could +never have been actuated by so unworthy a motive. They knew no weakness +or fear where right or duty pointed the way, and it is a libel upon +their fair fame for us, while we enjoy the blessings for which they so +nobly fought and bled, to insinuate it. The truth is that the course +which they pursued was dictated by a stern sense of international +justice, by a statesmanlike prudence and a far-seeing wisdom, looking +not merely to the present necessities but to the permanent safety and +interest of the country. They knew that the world is governed less by +sympathy than by reason and force; that it was not possible for this +nation to become a "propagandist" of free principles without arraying +against it the combined powers of Europe, and that the result was +more likely to be the overthrow of republican liberty here than its +establishment there. History has been written in vain for those who +can doubt this. France had no sooner established a republican form of +government than she manifested a desire to force its blessings on all +the world. Her own historian informs us that, hearing of some petty +acts of tyranny in a neighboring principality, "the National Convention +declared that she would afford succor and fraternity to all nations +who wished to recover their liberty, and she gave it in charge to the +executive power to give orders to the generals of the French armies +to aid all citizens who might have been or should be oppressed in the +cause of liberty." Here was the false step which led to her subsequent +misfortunes. She soon found herself involved in war with all the rest +of Europe. In less than ten years her Government was changed from a +republic to an empire, and finally, after shedding rivers of blood, +foreign powers restored her exiled dynasty and exhausted Europe sought +peace and repose in the unquestioned ascendency of monarchical +principles. Let us learn wisdom from her example. Let us remember that +revolutions do not always establish freedom. Our own free institutions +were not the offspring of our Revolution. They existed before. They +were planted in the free charters of self-government under which the +English colonies grew up, and our Revolution only freed us from the +dominion of a foreign power whose government was at variance with +those institutions. But European nations have had no such training for +self-government, and every effort to establish it by bloody revolutions +has been, and must without that preparation continue to be, a failure. +Liberty unregulated by law degenerates into anarchy, which soon becomes +the most horrid of all despotisms. Our policy is wisely to govern +ourselves, and thereby to set such an example of national justice, +prosperity, and true glory as shall teach to all nations the blessings +of self-government and the unparalleled enterprise and success of a free +people. + +We live in an age of progress, and ours is emphatically a country of +progress. Within the last half century the number of States in this +Union has nearly doubled, the population has almost quadrupled, and our +boundaries have been extended from the Mississippi to the Pacific. Our +territory is checkered over with railroads and furrowed with canals. The +inventive talent of our country is excited to the highest pitch, and the +numerous applications for patents for valuable improvements distinguish +this age and this people from all others. The genius of one American has +enabled our commerce to move against wind and tide and that of another +has annihilated distance in the transmission of intelligence. The +whole country is full of enterprise. Our common schools are diffusing +intelligence among the people and our industry is fast accumulating the +comforts and luxuries of life. This is in part owing to our peculiar +position, to our fertile soil and comparatively sparse population; +but much of it is also owing to the popular institutions under which +we live, to the freedom which every man feels to engage in any useful +pursuit according to his taste or inclination, and to the entire +confidence that his person and property will be protected by the laws. +But whatever may be the cause of this unparalleled growth in population, +intelligence, and wealth, one thing is clear--that the Government must +keep pace with the progress of the people. It must participate in their +spirit of enterprise, and while it exacts obedience to the laws and +restrains all unauthorized invasions of the rights of neighboring +states, it should foster and protect home industry and lend its powerful +strength to the improvement of such means of intercommunication as are +necessary to promote our internal commerce and strengthen the ties which +bind us together as a people. + +It is not strange, however much it may be regretted, that such an +exuberance of enterprise should cause some individuals to mistake change +for progress and the invasion of the rights of others for national +prowess and glory. The former are constantly agitating for some change +in the organic law, or urging new and untried theories of human rights. +The latter are ever ready to engage in any wild crusade against a +neighboring people, regardless of the justice of the enterprise and +without looking at the fatal consequences to ourselves and to the cause +of popular government. Such expeditions, however, are often stimulated +by mercenary individuals, who expect to share the plunder or profit of +the enterprise without exposing themselves to danger, and are led on by +some irresponsible foreigner, who abuses the hospitality of our own +Government by, seducing the young and ignorant to join in his scheme of +personal ambition or revenge under the false and delusive pretense of +extending the area of freedom. These reprehensible aggressions but +retard the true progress of our nation and tarnish its fair fame. They +should therefore receive the indignant frowns of every good citizen who +sincerely loves his country and takes a pride in its prosperity and +honor. + +Our Constitution, though not perfect, is doubtless the best that ever +was formed. Therefore let every proposition to change it be well weighed +and, if found beneficial, cautiously adopted. Every patriot will rejoice +to see its authority so exerted as to advance the prosperity and honor +of the nation, whilst he will watch with jealousy any attempt to +mutilate this charter of our liberties or pervert its powers to acts +of aggression or injustice. Thus shall conservatism and progress blend +their harmonious action in preserving the form and spirit of the +Constitution and at the same time carry forward the great improvements +of the country with a rapidity and energy which freemen only can +display. + +In closing this my last annual communication, permit me, +fellow-citizens, to congratulate you on the prosperous condition of +our beloved country. Abroad its relations with all foreign powers are +friendly, its rights are respected, and its high place in the family of +nations cheerfully recognized. At home we enjoy an amount of happiness, +public and private, which has probably never fallen to the lot of +any other people. Besides affording to our own citizens a degree of +prosperity of which on so large a scale I know of no other instance, +our country is annually affording a refuge and a home to multitudes, +altogether without example, from the Old World. + +We owe these blessings, under Heaven, to the happy Constitution and +Government which were bequeathed to us by our fathers, and which it is +our sacred duty to transmit in all their integrity to our children. We +must all consider it a great distinction and privilege to have been +chosen by the people to bear a part in the administration of such a +Government. Called by an unexpected dispensation to its highest trust at +a season of embarrassment and alarm, I entered upon its arduous duties +with extreme diffidence. I claim only to have discharged them to the +best of an humble ability, with a single eye to the public good, and +it is with devout gratitude in retiring from office that I leave the +country in a state of peace and prosperity. + +MILLARD FILLMORE. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 7, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a treaty of friendship, commerce, and navigation, between +the United States and the Oriental Republic of Uruguay, signed at +Montevideo on the 28th of August last. + +MILLARD FILLMORE. + + + +WASHINGTON, _December 8, 1852_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, an additional article, signed in this city on the 16th +ultimo, to the convention for the mutual delivery of criminals fugitives +from justice in certain cases between the United States on the one part +and Prussia and other States of the Germanic Confederation on the other +part, concluded on the 15th of June, 1852. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 4, 1853_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 30th ultimo, requesting +information in regard to the establishment of a new British colony in +Central America, I transmit a report from the Secretary of State and +the documents by which it was accompanied. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 4, 1853_. + +_To the Senate of the United States_: + +In answer to the Senate's resolution of the 3d instant, calling for +information relative to a proposed tripartite convention on the subject +of the island of Cuba, I transmit to the Senate a report from the +Secretary of State and the papers which accompanied it. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 12, 1853_. + +_To the Senate of the United States_: + +In pursuance of the eleventh article of the treaty with the Chickasaw +Indians signed on the 20th day of October, 1832, I herewith transmit a +recommendation from the Secretary of the Treasury for the investment +of a portion of the funds belonging to said nation, for the purpose of +obtaining the advice and consent of the Senate to make the investment +as therein recommended. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 12, 1853_. + +_To the Senate of the United States_: + +In reply to the resolution of your honorable body of the 5th instant, +I herewith communicate a report of the Secretary of the Interior giving +the information[27] required. + +MILLARD FILLMORE. + +[Footnote 27: Relating to the Mexican boundary commission.] + + + +_To the Senate of the United States_: + +In answer to the resolution of the Senate dated the 13th ultimo, +requesting further information in regard to the imprisonment of the +United States consul and of other American citizens in the castle at +Acapulco, I transmit a report from the Secretary of State and the +documents by which it is accompanied. + +MILLARD FILLMORE. + +JANUARY 17, 1853. + + + +WASHINGTON, _January 17, 1853_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication lately received at the Department of +State from the minister of Her Most Catholic Majesty, accompanied by a +letter of instructions from the Spanish Government relative to the case +of the _Amistad_. In Mr. Calderon's communication reference is had to +former letters addressed by him to the Department of State on the same +subject, copies of which are herewith transmitted, and an earnest wish +is expressed that a final settlement of this long-pending claim should +be made. The tone of the letter of instructions from Mr. Manuel Bertran +de Lis is somewhat more peremptory than could be wished, but this +circumstance will not, probably, prevent Congress from giving his +suggestions the attention to which they may be entitled. + +The claim of the Spanish Government on behalf of its subjects interested +in the _Amistad_ was the subject of discussion during the Administration +of President Tyler between the Spanish minister and Mr. Webster, then +Secretary of State. In an elaborate letter of the latter, addressed to +the Chevalier d'Argais on the 1st of September, 1841, the opinion is +confidently maintained that the claim is unfounded. The Administration +of President Polk took a different view of the matter. The justice of +the claim was recognized in a letter from the Department of State to the +Spanish minister of the 19th of March, 1847, and in his annual message +of the same year the President recommended its payment. + +Under these circumstances the attention of Congress is again invited to +the subject. Respect to the Spanish Government demands that its urgent +representation should be candidly and impartially weighed. If Congress +should be of opinion that the claim is just, every consideration points +to the propriety of its prompt recognition and payment, and if the two +Houses should come to the opposite conclusion it is equally desirable +that the result should be announced without unnecessary delay. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 18, 1853_. + +_To the Senate and House of Representatives of the United States_: + +I have the honor herewith to transmit a report from the Secretary of +the Interior, from which it appears that the efforts of that Department +to induce the Indians remaining in Florida to migrate to the country +assigned to their tribe west of the Mississippi have been entirely +unsuccessful. The only alternative that now remains is either to compel +them by force to comply with the treaty made with the tribe in May, +1832, by which they agreed to migrate within three years from that +date, or allow the arrangement made with them in 1842, referred to in +the Secretary's report, by which they were permitted to remain in the +temporary occupancy of a portion of the peninsula until the Government +should see fit to remove them, to continue. + +It can not be denied that the withholding so large a portion of her +territory from settlement is a source of injury to the State of Florida; +and although, ever since the arrangement above referred to, the Indians +have manifested a desire to remain at peace with the whites, the +presence of a people who may at any time and upon any real or fancied +provocation be driven to acts of hostility is a source of constant +anxiety and alarm to the inhabitants on that border. + +There can be no doubt, also, that the welfare of the Indians would be +promoted by their removal from a territory where frequent collisions +between them and their more powerful neighbors are daily becoming more +inevitable. + +On the other hand, there is every reason to believe that any +manifestation of a design to remove them by force or to take possession +of the territory allotted to them would be immediately retaliated by +acts of cruelty on the defenseless inhabitants. + +The number of Indians now remaining in the State is, it is true, very +inconsiderable (not exceeding, it is believed, 500), but owing to the +extent of the country occupied by them and its adaptation to their +peculiar mode of warfare, a force very disproportioned to their numbers +would be necessary to capture them, or even to protect the white +settlements from their incursions. The military force now stationed in +that State would be inadequate to these objects, and if it should be +determined to enforce their removal or to survey the territory allotted +to them some addition to it would be necessary, as the Government has +but a small force available for that service. Additional appropriations +for the support of the Army would also, in that event, be necessary. + +For these reasons I have deemed it proper to submit the whole matter to +Congress, for such action as they may deem best. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 19, 1853_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of the 27th +ultimo, requesting information relative to the claims on Spain in the +cases of the bark _Georgiana_ and the brig _Susan Loud, I_ transmit a +report from the Secretary of State, to whom the resolution was referred. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 21, 1853_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 10th instant, +requesting certain correspondence relative to Central America, I +transmit a report from the Secretary of State and the documents by +which it was accompanied. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 24, 1853_. + +_To the House of Representatives of the United States_: + +In obedience to a resolution of your honorable body of December 27, +1852, in reference to claims of custom-house officers for additional +pay, I have the honor herewith to transmit a report from the Secretary +of the Treasury giving the desired information; and in answer to the +seventh interrogatory, asking "whether in my opinion further legislation +is necessary or advisable either to protect the Treasury from unjust +claims or to secure to the claimants their just rights," I would state +that in my opinion no further legislation is necessary to effect either +object. My views on this subject will be more fully seen on reference to +an opinion given by me to the Secretary of the Treasury, a copy of which +is annexed to his report. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 24, 1853_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 14th instant, relative +to the award of the Emperor Louis Napoleon, of France, in the case of +the brig _General Armstrong_, I transmit a report from the Secretary of +State and the documents by which it was accompanied. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 27, 1853_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 13th instant, +requesting a copy of correspondence and other documents relative +to Nicaragua, Costa Rica, and the territory claimed by the Mosquito +Indians, I transmit a report of the Secretary of State, to whom the +resolution was referred. + +MILLARD FILLMORE. + + + +WASHINGTON, _January 27, 1853_. + +_To the House of Representatives_: + +Since my last message to your honorable body, communicating a report +from the Treasury Department, in answer to your resolution of the 3d +instant [27th ultimo?], in reference to the compensation of weighers and +gangers, further communications on that subject have been received from +New Orleans, which have just been reported to me by the Secretary of the +Treasury and which I deem it my duty to communicate to the House. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 3, 1853_. + +_To the Senate of the United States_: + +I transmit herewith to the Senate in a new draft the convention with the +Swiss Confederation, originally negotiated at Berne and concluded in +that city on the 25th of November, 1850. On the 7th of March, 1851, it +was considered by the Senate of the United States, whose assent was +given to it with certain amendments, as will appear from the Journal of +the Senate of that day. The convention was sent back to Switzerland with +these alterations, which were taken into consideration by the Government +of that Confederation, whose action in the premises will be learned by a +letter from its President of the 5th of July, 1852. + +The modifications which the Government of the Swiss Confederation are +desirous of introducing into the amendments made by the Senate of the +United States and the articles affected by them are not inconsistent +with the object and spirit of those amendments, and appear to me to +proceed upon a reasonable principle of compromise. + +I have thought it expedient, in submitting them to the Senate with a +view to their advice and consent to the ratification of the treaty in +its present form, to have the entire instrument taken into a continuous +draft, as well the portions--by far the greater part--already assented +to by the Senate as the modifications proposed by the Government of the +Swiss Confederation in reference to these amendments. In preparing the +new draft a few slight alterations have been made in the modifications +proposed by the Swiss Government. + +Should the convention receive the approbation of the Senate in its +present form, it will be immediately transmitted to Switzerland for +ratification by the Swiss Confederation. + +The delays which have taken place in the negotiation of this treaty have +been principally caused by the want of a resident diplomatic agent of +the United States at Berne, and are among the reasons for which an +appropriation for a charge d'affaires to that Government has recently, +by my direction, been recommended in a letter from the Department of +State to the chairman of the Committee on Foreign Relations of the +Senate. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 3, 1853_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 11th ultimo, +asking for information with regard to the execution of the postal +convention between the United States and Great Britain, I transmit a +report from the Secretary of State and the documents which accompanied +it. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 7, 1853_. + +_To the Senate and House of Representatives_: + +Having in my message to Congress at the opening of the session adverted +to the pending negotiations between this Government and that of Great +Britain relative to the fisheries and commercial reciprocity with the +British American Provinces, I transmit for the information of Congress +the accompanying report from the Department of State on the present +state of the negotiations, and I respectfully invite the attention of +the two Houses to the suggestion in the latter part of the report. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 9, 1853_. + +_To the Senate and House of Representatives_: + +I herewith transmit a communication from the Secretary of the Navy, +accompanied by the first part of Lieutenant Herndon's report of the +exploration of the valley of the Amazon and its tributaries, made by him +in connection with lieutenant Gardner Gibbon, under instructions from +the Navy Department. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 14, 1853_. + +_To the Senate of the United States_: + +I herewith communicate to the Senate, for its consideration with a +view to ratification, a convention on the subject of the extradition +of fugitives from justice between the United States and Belgium, +concluded and signed in this city on the 11th instant by the respective +plenipotentiaries. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 18, 1853_. + +_To the Senate and House of Representatives_: + +I transmit a report from the Secretary of State, embodying the substance +of recent communications made by the minister of Her Britannic Majesty +to the Department of State on the subject of the interoceanic canal by +the Nicaragua route, which formed the chief object of the treaty between +the United States and Great Britain of the 19th April, 1850, and the +relations of Great Britain to the protectorate of Mosquito, which she +expresses herself desirous of relinquishing on terms consistent with +her honorable engagements to the Indians of that name. + +In consequence of these communications and other considerations stated +in the report, it is deemed advisable by the Department that our +diplomatic relations with the States of Central America should be placed +on a higher and more efficient footing, and this measure meets my +approbation. The whole subject is one of so much delicacy and importance +that I should have preferred, so near the close of my Administration, +not to make it the subject of an Executive communication. But inasmuch +as the measure proposed can not, even if deemed expedient by my +successor, take effect for near a twelvemonth unless an appropriation is +made by this Congress, I have thought it my duty to submit the report of +the Department to the two Houses. The importance of the measure seemed +to require an exposition somewhat in detail of the grounds on which it +is recommended. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 18, 1853_. + +_To the Senate of the United States_: + +I transmit to the Senate, with the view to its ratification, a +convention which was yesterday concluded between the United States +and Great Britain for the establishment of international copyright. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 19, 1853_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 14th instant, relative +to the fisheries on the coasts of Florida, I transmit herewith a report +from the Secretary of State and the documents which accompanied it. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 21, 1853_. + +_To the Senate of the United States_: + +In compliance with your resolution of the 19th of February instant, +I herewith communicate a report from the Secretary of War, containing +the report of Lieutenant Meigs, of the Engineer Corps, on the surveys, +projects, and estimates for supplying the cities of Washington and +Georgetown with an unfailing and abundant supply of water. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 21, 1853_. + +_To the Senate of the United States_: + +I have the honor to transmit herewith a report from the Secretary of +the Treasury of the 21st instant, in reference to the reinvestment of +certain moneys belonging to the Chickasaw Nation of Indians which will +come into the Treasury during the succeeding vacation of the Senate, +and I respectfully concur in the recommendation made by the Secretary. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 23, 1853_. + +_To the Senate of the United States_: + +I transmit to the Senate, for advice and consent with a view to +ratification, a convention between the United States and Her Britannic +Majesty for the adjustment of certain claims of citizens of the United +States on the British Government and of British subjects on the +Government of the United States, signed in London on the 8th instant. +Although it is stipulated by the terms of the first article of the +convention that the commissioner on the part of this Government shall be +appointed by the President of the United States, it is not understood +that this stipulation was intended to dispense with the concurrence of +the Senate in such appointment. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 25, 1853_. + +_To the Senate of the United States_: + +I transmit to the Senate, for its consideration with a view to +ratification, a consular convention concluded in this city on the +23d instant between the United States and His Majesty the Emperor +of the French. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 26, 1853_. + +_To the Senate of the United States_: + +I transmit a copy of a proclamation of yesterday, which I deemed it +advisable to issue, relative to an extraordinary session of the Senate +on the 4th of March next. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 28, 1853_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate of the 17th January last, +requesting information in regard to the fisheries on the coasts of the +British North American Provinces, I transmit a report from the Secretary +of State and the documents which accompanied it. + +MILLARD FILLMORE. + + + +WASHINGTON, _February 28, 1853_. + +_To the Senate of the United States_: + +I herewith transmit, for the consideration and advice of the Senate, a +treaty recently entered into with the Apache Indians in New Mexico by +Colonel Stunner and Mr. Greiner, acting on behalf of the United States, +together with the letter of Colonel Sumner on the subject of the treaty +and reports thereon from the Commissioner of Indian Affairs and the +Secretary of the Interior. + +MILLARD FILLMORE. + + + + +PROCLAMATION. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +The attention of the President having been called to the proceedings of +Congress at the close of its session on the 4th of March, 1851, from +which it appears that the constitutional term of that body was held +not to have expired until 12 o'clock at noon of that day, and a notice +having been issued, agreeably to former usage, to convene the Senate at +11 o'clock a. m. on the 4th of March next, it is apparent that such call +is in conflict with the decision aforesaid: + +Now, therefore, as well for the purpose of removing all doubt as to the +legality of such call as of establishing a precedent of what is deemed +a proper mode of convening the Senate, I, Millard Fillmore, President +of the United States, have considered it to be my duty to issue this +my proclamation, revoking said call and hereby declaring that an +extraordinary occasion requires the Senate of the United States to +convene for the transaction of business at the Capitol, in the city of +Washington, on Friday, the 4th day of March next, at 12 o'clock at noon +of that day, of which all who shall at that time be entitled to act as +members of that body are hereby required to take notice. + +[SEAL.] + +Given under my hand and the seal of the United States, at Washington, +this 25th day of February, A.D. 1853, and of the Independence Of the +United States the seventy-seventh. + +MILLARD FILLMORE. + +By the President: + EDWARD EVERETT, + _Secretary of State_. + + + +***END OF THE PROJECT GUTENBERG EBOOK A COMPILATION OF THE MESSAGES AND +PAPERS OF THE PRESIDENTS, VOLUME V, PART 1; PRESIDENTS TAYLOR AND +FILLMORE*** + + +******* This file should be named 10951.txt or 10951.zip ******* + + +This and all associated files of various formats will be found in: +https://www.gutenberg.org/1/0/9/5/10951 + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the 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