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diff --git a/old/10951-8.txt b/old/10951-8.txt new file mode 100644 index 0000000..de459d0 --- /dev/null +++ b/old/10951-8.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: iso-8859-1 + + +***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 chargé +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 chargé 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 chargé 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 chargé +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 chargé 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 chargé d'affaires to Guatemala and all dispatches and +communications from said chargé 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 chargé 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 +chargé d'affaires or our present chargé d'affaires to either of said +States and all dispatches or communications from our chargé 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 chargés 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, chargé d'affaires of the United +States, on their part, and Seńor 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 chargé 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 chargé 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, Seńor Buétrago, 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 José 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 Seńor 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 chargé +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, Seńor 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 chargé +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 Seńor Edwardo Carcache, on +being accredited to this Government as chargé 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 chargé +d'affaires of the United States, and Seńor 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 chargé 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 chargé +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 Seńor +Don Rafael Rivas, chargé 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 chargé 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 chargé 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 Seńor Carlos de Espańa, 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 Espańa 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 chargé 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 Seńor 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 chargé 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-Hérosée 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° west from +Greenwich is intersected by the parallel of 36° 30' north latitude, and +shall run from said point due west to the meridian of 103° 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° 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 chargé 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 chargé 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° 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 chargé 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 chargé 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 chargé +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 chargé d'affaires of the United States +to that Republic, on the part of this Government, and by Seńor 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 chargé 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 Seńor Don Felipe +Molina has been received as chargé 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 +Seńor 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 chargé 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. Hülsemann, +chargé 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 chargé 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 chargé 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 chargé +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 +chargé 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 chargé 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 chargé 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 10951-8.txt or 10951-8.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 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Richardson</title> + <style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + hr.full { width: 100%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + .r { text-align: right; } + .q { font-size: 80%; margin-left: 1em; margin-right: 1em; } + .foot { text-indent: 0em; } + CENTER { padding: 10px;} + a:link {color:blue; + text-decoration:none} + link {color:blue; + text-decoration:none} + a:visited {color:blue; + text-decoration:none} + a:hover {color:red} + // --> + </style> +</head> +<body> +<h1>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</h1> +<pre> +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 <a href = "https://www.gutenberg.org">www.gutenberg.org</a> + +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: iso-8859-1 + +***START OF THE PROJECT GUTENBERG EBOOK A COMPILATION OF THE MESSAGES +AND PAPERS OF THE PRESIDENTS, VOLUME V, PART 1; PRESIDENTS TAYLOR +AND FILLMORE*** + + +</pre> +<center><h3>E-text prepared by Juliet Sutherland, David Garcia,<br> + and the Project Gutenberg Online Distributed Proofreading Team<br> + <br> + HTML version prepared by David Garcia +</h3></center> +<hr class="full"> +<p> </p> +<p> </p> +<p> </p> +<h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS, +</h1> +<h2> + VOLUME V, PART 1 +</h2> +<center><b> + BY JAMES D. RICHARDSON +</b> +<br> + A REPRESENTATIVE FROM THE STATE OF TENNESSEE +<br> + 1902 +</center> +<br> +<br> +<br> +<br> +<hr> +<br> +<br> +<br> +<h3> +CONTENTS<br> +<br> +<br> +<a href="#con1">Preface to Volume V</a><br> +<br> +<a href="#con2">Zachary Taylor</a><br> +<br> +<a href="#con3">Millard Fillmore</a><br> +</h3> +<p> </p> +<p> </p> +<hr> +<p> </p> +<a name="con1"></a> +<p> </p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> +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. +</p> +<p class="r"> + JAMES D. RICHARDSON. +</p> +<p> + JULY 4, 1897. +</p> + +<p> </p> +<p> </p> +<p> </p> +<a name="con2"></a> +<p> </p> +<h2> + Zachary Taylor +</h2> +<h3> + March 5, 1849, to July 9, 1850 +</h3> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + Zachary Taylor +</h2> +<p> + 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. +</p> +<a name="2H_4_04"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + INAUGURAL ADDRESS. +</h2> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<center> + MARCH 5, 1849. +</center> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>March 13, 1849</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I herewith communicate to the Senate, in confidence, a report and + accompanying papers<a href="#note-1a"><small><sup>1a</sup></small></a> from the Secretary of State, in answer to its + resolution of the 12th instant. +</p> + +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1849</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 22, 1849</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + PROCLAMATION. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + 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. +</p> +<p> + Given under my hand the 11th day of August, A.D. 1849, and the + seventy-fourth of the Independence of the United States. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p><br> +By the President:<br> + J.M. CLAYTON,<br> + <i>Secretary of State</i>. +</p> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + EXECUTIVE ORDER. +</h2> +<center> + GENERAL ORDERS, No. 34. +</center> +<p class="r"> + WAR DEPARTMENT, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, June 19, 1849</i>. +</p> +<p> + 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: +</p> + +<p> </p> + +<p class="r"> + WASHINGTON, <i>June 19, 1849</i>. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WAR DEPARTMENT, <i>June 19, 1849</i>. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + The Adjutant-General will give the necessary instructions for carrying + into effect the foregoing orders. +</p> +<p class="r"> + G.W. CRAWFORD, +<br> + <i>Secretary of War</i>. +</p> + +<p> </p> + +<p> + 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. +</p> +<p> + The national flag will be displayed at half-staff. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + By order: +</p> +<p class="r"> + R. JONES, +<br> + <i>Adjutant-General</i>. +</p> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + FIRST ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 4, 1849</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives:</i> +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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 chargé + 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 chargé 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. +</p> +<p> + 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. +</p> +<p> + With Russia, Austria, Prussia, Sweden, Denmark, Belgium, the + Netherlands, and the Italian States we still maintain our accustomed + amicable relations. +</p> +<p> + During the recent revolutions in the Papal States our chargé 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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 chargé + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + The naval force at present in commission is as large as is admissible + with the number of men authorized by Congress to be employed. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> +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— +</p> +<p class="q"> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 17, 1849</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>December 21, 1849</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>December 27, 1849</i>. +</p> +<p> + <i>To the Senate and House of Representatives:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>January 4, 1850</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States:</i> +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + EXECUTIVE OFFICE, <i>January 14, 1850</i>. +</p> +<p> + THE PRESIDENT OF THE SENATE OF THE UNITED STATES. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>January 14, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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<a href="#note-2a"><small><sup>2a</sup></small></a> of Rey, <i>alias</i> Garcia, from New Orleans. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>January 14, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I transmit to the Senate, for their consideration, a copy of a + correspondence between the Department of State and the chargé 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>January 23, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + As already stated, I have not disturbed the arrangements which I found + had existed under my predecessor. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> + +<center> + [A similar message, dated January 21, 1850, was sent to the House of + Representatives, in answer to a resolution of that body.] +</center> + +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>January 23, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> + +<center> + [The same message was sent to the House of Representatives.] +</center> + +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>January 30, 1850 </i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>February 6, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p> + I herewith submit a report from the Secretary of War, showing the + grounds upon which the decision above referred to was made. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>February 13, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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 chargé d'affaires to Guatemala and all dispatches and + communications from said chargé 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 chargé 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 + chargé d'affaires or our present chargé d'affaires to either of said + States and all dispatches or communications from our chargé 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 chargés d'affaires + touching the so-called Kingdom of the Mosquitos and the right of way + from the Atlantic to the Pacific through Lake Nicaragua." +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>February 13, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>February 13, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>February 13, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 1, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 4, 1850</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States:</i> +</p> +<p> + I herewith transmit to Congress copies of a recent correspondence + between the Department of State and the British minister at Washington, + relating to subjects<a href="#note-3a"><small><sup>3a</sup></small></a> which seem to require the consideration of the + legislative rather than the executive branch of the Government. +</p> + +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 6, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + MARCH 8, 1850. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 19, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 19, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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, chargé d'affaires of the United + States, on their part, and Seńor Zepeda, on the part of the Republic of + Nicaragua. +</p> +<p> + 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. +</p> +<p> + I also transmit to the Senate a copy of the instructions to and + correspondence with the said chargé d'affaires relating to those + treaties. +</p> +<p> + 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 chargé d'affaires, with + the State of Guatemala. +</p> +<p> + 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. +</p> +<p> +On the 12th day of November, 1847, Seńor Buétrago, 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— +</p> +<p class="q"> + 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. +</p> +<p> + No answer appears to have been returned to this letter. +</p> +<p> + A communication was received by my predecessor from Don José 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: +</p> +<p class="q"> + 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. +</p> +<p> + 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. +</p> +<p> + The British ships of war <i>Alarm</i> and <i>Vixen</i> 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + The communication from Seńor 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + On the 3d day of June, 1848, Elijah Hise, being appointed chargé + 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: +</p> +<p class="q"> + 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? +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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, Seńor 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." +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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: +</p> +<p class="q"> + 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. +</p> +<p> + The receipt of this letter was regularly acknowledged on the 29th day of + August, 1848. +</p> +<p> + 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 chargé + 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. +</p> +<p> + 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. +</p> +<p> + 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 Seńor Edwardo Carcache, on + being accredited to this Government as chargé 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 chargé + d'affaires of the United States, and Seńor Selva, the commissioner of + Nicaragua, had been, as was publicly and universally known, disapproved + by his Government." +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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 chargé 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: +</p> +<p class="q"> + <i>Resolved</i>, 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 26, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + I herewith transmit, for the information of Congress, a copy of the + report<a href="#note-4a"><small><sup>4a</sup></small></a> 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>March 28, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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 chargé + 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 "<i>executive</i>"—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. +</p> +<p> + 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. +</p> +<p> + My purpose, as freely avowed in this correspondence, was to have + acknowledged the independence of Hungary had she succeeded in + establishing a government <i>de facto</i> 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>April 3, 1850</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>April 22, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> +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— +</p> +<p class="q"> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 6, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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 Seńor + Don Rafael Rivas, chargé d'affaires of New Granada, on the part of that + Republic. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 7, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + 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 chargé 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 8, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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 chargé 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 18, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + I herewith transmit to the House of Representatives a report of the + Secretary of State, with accompanying papers,<a href="#note-5a"><small><sup>5a</sup></small></a> in answer to its + resolution of the 28th of March last. +</p> +<p class="r"> + Z. TAYLOR. +</p> + +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 20, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 22, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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." +</p> +<p> + The reports, with the official correspondence accompanying them, it is + believed, embrace all the information in the Departments called for by + the resolutions. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 24, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>May 29, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>June 3, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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]. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>June 10, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>June 13, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>June 17, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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." +</p> +<p> + In reply to that resolution I state that no such orders have been given. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>June 26, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>June 27, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>July 1, 1850</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>July 1, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p> </p> +<p> </p> +<p class="r"> + WASHINGTON, <i>July 2, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + PROCLAMATIONS. +</h2> +<h3> + ZACHARY TAYLOR, PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<p> + <i>To all whom it may concern:</i> +</p> +<p> + An exequatur having been granted to Seńor Carlos de Espańa, 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: +</p> +<p> + These are now to declare that I do no longer recognize the said Carlos + de Espańa 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. +</p> +<p> + 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. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand this 4th day of January, A.D. 1850, and of the + Independence of the United States the seventy-fourth. +</p> +<p class="r"> + Z. TAYLOR. +</p> + +<p><br> +By the President:<br> + JOHN M. CLAYTON,<br> + <i>Secretary of State</i>. +</p> + +<p> </p> +<p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + 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: +</p> +<p> + 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. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + 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. +</p> +<p class="r"> + Z. TAYLOR. +</p> +<p><br> +By the President:<br> + J.M. CLAYTON,<br> + <i>Secretary of State</i>. +</p> + +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + DEATH OF PRESIDENT TAYLOR. +</h2> +<h3> + ANNOUNCEMENT TO MR. FILLMORE. +</h3> +<center> + [From official records in the State Department.] +</center> +<p class="r"> + DEPARTMENT OF STATE, +<br> + <i>Washington, July 9, 1850</i>. +</p> +<p> + MILLARD FILLMORE, +<br> + <i>President of the United States</i>. +</p> +<p> + 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. +</p> +<p> + We have the honor to be, etc., +</p> +<p class="r"> +JOHN M. CLAYTON,<br> + <i>Secretary of State</i>. +</p> +<p class="r"> +W.M. MEREDITH,<br> + <i>Secretary of the Treasury</i>. +</p> +<p class="r"> +T. EWING,<br> + <i>Secretary of the Interior</i>. +</p> +<p class="r"> +GEO. W. CRAWFORD,<br> + <i>Secretary of War</i>. +</p> +<p class="r"> +WM. BALLARD PRESTON,<br> + <i>Secretary of the Navy</i>. +</p> +<p class="r"> +J. COLLAMER,<br> + <i>Postmaster-General</i>. +</p> +<center> + [The announcement as published in the Daily National Intelligencer of + July 11, 1850, contains also the signature of Reverdy Johnson, + Attorney-General.] +</center> + +<p> </p> +<p> </p> + +<h3> + REPLY OF MR. FILLMORE. +</h3> +<center> + [From official records in the State Department.] +</center> +<p class="r"> + WASHINGTON, <i>July 9, 1850</i>. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + I am, gentlemen, etc., +</p> +<p class="r"> + MILLARD FILLMORE. +</p> + +<p> </p> +<p> </p> + +<h3> + COMMUNICATION TO THE SENATE FROM MR. FILLMORE. +</h3> +<center> + [From Senate Journal, Thirty-first Congress, first session, p. 443.] +</center> +<p class="r"> + WASHINGTON, <i>July 10, 1850</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + 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. +</p> +<p class="r"> + MILLARD FILLMORE. +</p> + +<p> </p> +<p> </p> + +<h3> + ANNOUNCEMENT TO CONGRESS. +</h3> +<center> + [From Senate Journal, Thirty-first Congress, first session, p. 443.] +</center> +<p class="r"> + WASHINGTON, <i>July 10, 1850</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives:</i> +</p> +<p> + 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: +</p> +<p class="q"> + I have always done my duty. I am ready to die. My only regret is + for the friends I leave behind me. +</p> +<p> + 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. +</p> +<p class="r"> + MILLARD FILLMORE. +</p> + +<p> </p> +<p> </p> + +<h3> + ANNOUNCEMENT TO REPRESENTATIVES OF THE UNITED STATES ABROAD. +</h3> +<center> + [From official records in the State Department] +</center> +<center> + CIRCULAR. +</center> +<p class="r"> + DEPARTMENT OF STATE, +<br> + <i>Washington, July 10, 1850.</i> +</p> +<p> + Sir: It has become my most painful duty to announce to you the decease + of Zachary Taylor, late President of the United States. +</p> +<p> + 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. +</p> +<p> + I am, sir, respectfully, your obedient servant, +</p> +<p class="r"> + JOHN M. CLAYTON. +</p> + +<p> </p> +<p> </p> + +<h3> + ANNOUNCEMENT TO REPRESENTATIVES OF FOREIGN GOVERNMENTS IN THE UNITED + STATES. +</h3> +<center> + [From official records in the State Department.] +</center> +<center> + CIRCULAR. +</center> +<p class="r"> + DEPARTMENT OF STATE, +<br> + <i>Washington, July 10, 1850.</i> +</p> +<p> + 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. +</p> +<p> + The President, Zachary Taylor, departed this life yesterday at half-past + 10 o'clock in the evening. +</p> +<p> + 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. +</p> +<p> + 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, +</p> +<p class="r"> + JOHN M. CLAYTON. +</p> + +<p> </p> +<p> </p> + +<h3> + ANNOUNCEMENT TO THE ARMY. +</h3> +<center> + [From official records in the War Department.] +</center> +<center> + GENERAL ORDERS, No. 21. +</center> +<p class="r"> + WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington July 11, 1850</i>. +</p> + +<p> + 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: +</p> +<p> </p> +<p class="r"> + WAR DEPARTMENT, <i>July 11, 1850</i>. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + By order of the President: +</p> +<p class="r"> + GEORGE W. CRAWFORD, +<br> + <i>Secretary of War</i>. +</p> +<p> </p> +<p> + 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. +</p> +<p> + The national flag will be displayed at half-staff. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + By order: R. JONES, +<br> + <i>Adjutant-General.</i> +</p> +<center> + [The Secretary of the Navy made the same announcement to the Navy as + that portion of the above signed by the Secretary of War.] +</center> + +<p> </p> +<p> </p> + +<h3> + ORDER OF THE PRESIDENT. +</h3> +<center> + [From the Daily National Intelligencer, July 12, 1850.] +</center> +<p class="r"> + WASHINGTON, <i>July 10, 1850</i>. +</p> +<p> + 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. +</p> +<p class="r"> + MILLARD FILLMORE. +</p> + +<p> </p> +<p> </p> + +<h3> + ACTION OF CONGRESS. +</h3> +<center> + [From Senate Journal, Thirty-first Congress, first session, p. 445.] +</center> +<h4> + RESOLUTION OF THE SENATE. +</h4> +<p> + 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 +</p> +<p> + <i>Resolved</i>, 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. +</p> +<center> + [From House Journal, Thirty-first Congress, first session, p. 1121.] +</center> +<p> </p> +<h4> + RESOLUTION OF THE HOUSE OF REPRESENTATIVES. +</h4> +<p> + 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 +</p> +<p> + <i>Resolved</i>, 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. +</p> +<p> + [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.] +</p> + +<p> </p> +<p> </p> + +<h3> + OFFICIAL ARRANGEMENTS FOR THE FUNERAL. +</h3> +<center> + [From the Daily National Intelligencer, July 13, 1850.] +</center> +<p class="r"> + WASHINGTON, <i>July 11, 1850</i>. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + Commodore Warrington, the senior naval officer now in the city, to have + the direction of the naval arrangements. +</p> +<p> + The marshal of the District of Columbia to have the direction of the + civic procession. +</p> +<p> + 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. +</p> +<p> + And it is respectfully recommended to the officers of the Government + that they wear the usual badge of mourning. +</p> +<center> + ORDER OF THE PROCESSION. +</center> +<center> + FUNERAL ESCORT. +</center> +<p> + (In column of march.) +</p> +<p> + Composed of such corps of the Army and the militia as may be ordered or + as may report themselves for duty on the occasion. +</p> +<center> + CIVIC PROCESSION. +</center> +<p> + The United States marshal of the District of Columbia and his aids. +</p> +<p> + The mayors of Washington and Georgetown. +</p> +<p> + The Committee of Arrangements of the two Houses of Congress. +</p> +<p> + The chaplains of the two Houses of Congress and the officiating + clergyman of the occasion. +</p> +<p> + Attending physicians to the late President. +</p> +<p> + <i>Pallbearers</i>.—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. +</p> +<p> + The horse used by General Taylor in the late war. +</p> +<p> + Family and relatives of the late President. +</p> +<p> + The President of the United States and the heads of Departments. +</p> +<p> + The Sergeant-at-Arms of the Senate. +</p> +<p> + The Senate of the United States, preceded by the President <i>pro tempore</i> + and Secretary. +</p> +<p> + The Sergeant-at-Arms of the House of Representatives. +</p> +<p> + The House of Representatives, preceded by their Speaker and Clerk. +</p> +<p> + The Chief Justice and associate justices of the Supreme Court of the + United States and its officers. +</p> +<p> + The diplomatic corps. +</p> +<p> + Governors of States and Territories. +</p> +<p> + Ex-members of Congress. +</p> +<p> + Members of State legislatures. +</p> +<p> + District judges of the United States. +</p> +<p> + Judges of the circuit and criminal courts of the District of Columbia, + with the members of the bar and officers of the courts. +</p> +<p> + The judges of the several States. +</p> +<p> + The Comptroller of the Treasury, Auditors, Treasurer, Register, + Solicitor, and Commissioners of Land Office, Pensions, Indian Affairs, + Patents, and Public Buildings. +</p> +<p> + The clerks, etc., of the several Departments, preceded by their + respective chief clerks, and all other civil officers of the Government. +</p> +<p> + Clergy of the District of Columbia and elsewhere. +</p> +<p> + Officers and soldiers of the Revolution. +</p> +<p> + Corporate authorities of Washington. +</p> +<p> + Corporate authorities of Georgetown. +</p> +<p> + Officers and soldiers who served in the War of 1812 and in the late war. +</p> +<p> + Presidents, professors, and students of the colleges of the District of + Columbia. +</p> +<p> + 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. +</p> +<p> + Citizens and strangers. +</p> +<p> + The procession will move from the President's house at 1 o'clock + precisely, or on the conclusion of the religious services. +</p> +<p class="r"> + DANIEL WEBSTER, +<br> + <i>Chairman of the Committee on the part of the Senate</i>. +</p> +<p class="r"> + CHAS. M. CONRAD, +<br> + <i>Chairman of the Committee on the part of the House of Representatives</i>. +</p> + +<p> </p> +<p> </p> + +<center> + [From official records in the War Department.] +</center> +<center> + GENERAL ORDERS, No. 22. +</center> +<p class="r"> + WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, July 11, 1850</i>. +</p> +<p> + 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. +</p> +<p> + By order of the Secretary of War: +</p> +<p class="r"> + R. JONES,<br> <i>Adjutant-General.</i> +</p> +<p> </p> +<p> </p> +<h3> + GENERAL ORDERS. +</h3> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, July 12, 1850</i>. +</p> +<p> + 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: +</p> +<center> + ORDER OF THE MILITARY PROCESSION. +</center> +<center> + FUNERAL ESCORT. +</center> +<p> + (In column of march.) +</p> +<p> + <i>Infantry</i>.—Maryland volunteers; volunteer troops from other States; + battalion of volunteers from the District of Columbia. +</p> +<p> + <i>Firing party</i> (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. +</p> +<p> + Dismounted officers of volunteers, Marine Corps, Navy, and Army, in the + order named. +</p> +<p> + Mounted officers of volunteers, Marine Corps, Navy, and Army, in the + order named. +</p> +<p> + Major-General Walter Jones, commanding the militia; aids-de-camp. +</p> +<p> + Major-General Winfield Scott, commanding the Army; aids-de-camp. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + The usual badge of mourning will be worn on the left arm and on the hilt + of the sword. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + By command of Major-General Scott: +</p> +<p class="r"> + R. JONES, +<br> + <i>Adjutant-General</i>. +</p> + +<p> </p> +<p> </p> +<center> + [From the Daily National Intelligencer, July 12, 1850.] +</center> +<h3> + GENERAL ORDER. +</h3> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + WALTER JONES, +<br> + <i>Major-General Militia District of Columbia</i>. +</p> + +<p> </p> +<p> </p> +<h3> + RESOLUTION OF CONDOLENCE BY CONGRESS. +</h3> +<center> + [From original in the State Department.] +</center> +<p> + A RESOLUTION expressing the condolence of Congress for Mrs. Margaret S. + Taylor. +</p> +<p> + <i>Resolved by the Senate and House of Representatives of the United + States of America in Congress assembled,</i> 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. +</p> +<p> </p> +<p> </p> +<hr> + + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> +<a name="con3"></a> + <p> + + </p> + <h1> + Millard Fillmore + </h1> + <h2> + July 10, 1850, to March 4, 1853 + </h2> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Millard Fillmore + </h2> + <p> + 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. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>July 10, 1850</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + A great man has fallen among us, and a whole country is + called to an occasion of unexpected, deep, and general + mourning. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I shall most readily concur in whatever measures the wisdom + of the two Houses may suggest as befitting this deeply + melancholy occasion. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 15, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 17, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 17, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 18, 1850</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 chargé 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 20, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 23, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + I also lay before the Senate a letter from the Secretary of + the Interior and the papers therein referred to. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 30, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 2, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 6, 1850</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The Constitution of the United States declares that— + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + By the fifth article of the treaty it is declared that— + </p> + <p class="q"> + 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. + </p> + <p> + The eighth article of the treaty is in the following terms: + </p> + <p class="q"> + 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. + </p> + <p> + The ninth article of the treaty is in these words: + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. <i>That power</i> belongs exclusively + to the legislative department, and Congress is the sole judge + of the time and manner of creating or authorizing any such + government. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 8, 1850</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + I make this communication to accompany the message and + prevent misapprehension. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 10, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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," + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 24, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 26, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 2, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 9, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 9, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 12, 1850</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 16, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 23, 1850</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <center> + [The remains of the late President of the United States were + removed from Washington to Louisville, Ky., October 25, + 1850.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 27, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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<a href= + "#note-1"><small><sup>1</sup></small></a> therein referred + to. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 28, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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 + </p> + <p> + Whereas satisfactory evidence has lately been received by me + from the Government of the Republic of Chile, through an + official communication of Señor 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: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + <br> + By the President:<br> + W.S. DERRICK,<br> + <i>Acting Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 2, 1850</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + In addition to the stipulations contained in this convention, + two other objects remain to be accomplished between the + contracting powers: + </p> + <p> + First. The designation and establishment of a free port at + each end of the canal. + </p> + <p> + Second. An agreement fixing the distance from the shore + within which belligerent maritime operations shall not be + carried on. + </p> + <p> + On these points there is little doubt that the two + Governments will come to an understanding. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Fresh instructions have recently been given to the minister + of the United States in Mexico, who is prosecuting the + subject with promptitude and ability. + </p> + <p> + 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. + </p> + <p> + It is expected that a regular convention will be immediately + negotiated for carrying the agreement between the two + Governments into effect. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I refer you to the report of the Secretary of the Treasury + for a detailed statement of the finances. + </p> + <p> + The total receipts into the Treasury for the year ending 30th + of June last were $47,421,748.90. + </p> + <p> + The total expenditures during the same period were + $43,002,168.90. + </p> + <p> + The public debt has been reduced since the last annual report + from the Treasury Department $495,276.79. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + <i>Ad valorem</i> 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. + </p> + <p> + 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 <i>ad valorem</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The accompanying report of the Postmaster-General presents a + satisfactory view of the operations and condition of that + Department. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The expenditures for the same period were $5,212,953.43, + leaving a balance of revenue over expenditures of + $340,018.05. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>ex parte</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 9, 1850</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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<a href= + "#note-2"><small><sup>2</sup></small></a> to which the + attention of Congress was invited in my message at the + opening of the present session. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <center> + [The same message was sent to the Senate.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 12, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 13, 1850</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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." + </p> + <p> + 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: + </p> + <p class="q"> + Therefore, first. <i>Be it enacted by the legislature of the + State of Texas</i>, 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. + </p> + <p class="r"> + C. G. KEENAN,<br> + <i>Speaker of the House of Representatives</i>.<br> + <br> + JOHN A. GREER,<br> + <i>President of the Senate</i>. + </p> + <p> + Approved, November 25, 1850. + </p> + <p class="r"> + P.H. BELL. + </p> + <p> + + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 17, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 30, 1850</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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.<a href= + "#note-3"><small><sup>3</sup></small></a> + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 3, 1851</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 10, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 14, 1851</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 3, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a report from the Secretary of + State, with accompanying papers,<a href= + "#note-4"><small><sup>4</sup></small></a> in answer to their + resolution of the 30th ultimo. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 12, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of State, + with accompanying documents,<a href= + "#note-5"><small><sup>5</sup></small></a> in answer to the + Senate's resolution of the 1st instant. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 13, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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-Hérosée 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. + </p> + <p> + 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. + </p> + <p> + The second clause of the first article is in these words: + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + But there is another and a decisive objection, arising from + the last clause in the first article. That clause is in these + words: + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 13, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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<a href= + "#note-6"><small><sup>6</sup></small></a> which accompanied + it. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 13, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 <i>Albion</i>, seized in Oregon for an + alleged violation of the revenue laws. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 15, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In addition to the information heretofore communicated, I now + transmit to the Senate a report from the Secretary of State, + with accompanying papers,<a href= + "#note-7"><small><sup>7</sup></small></a> in answer to their + resolution of the 28th ultimo. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 15, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate a report<a href= + "#note-8"><small><sup>8</sup></small></a> from the Secretary + of State, in answer to their resolution of the 10th instant. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1851</i>. + </p> + <p> + The PRESIDENT OF THE SENATE: + </p> + <p> + 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<a href="#note-9"><small><sup>9</sup></small></a> + from the Secretary of the Treasury. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE DEPARTMENT, <i>February 19, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + It is, nevertheless, my duty to lay before the Senate, in + answer to its resolution, some important facts and + considerations connected with the subject. + </p> + <p> + A resolution of Congress of September 23, 1789, declared: + </p> + <p class="q"> + 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. + </p> + <p> + A further resolution of Congress, of the 3d of March, 1791, + provides that— + </p> + <p class="q"> + 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— <i>Resolved by + the Senate and House of Representatives of the United States + of America in Congress assembled</i>, 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. + </p> + <p> + And a resolution of Congress of March 3, 1821, provides + that— + </p> + <p class="q"> + 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. + </p> + <p> + These various provisions of the law remain unrepealed. + </p> + <p> + 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. + </p> + <p> + That act declares that— + </p> + <p class="q"> + 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. + </p> + <p> + And it further declares that— + </p> + <p class="q"> + 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. + </p> + <p> + And it further declares that— + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>posse comitatus</i>, 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 <i>posse + comitatus</i> an organized militia force, acting under its + own appropriate officers, without the consent of such + officers. This point may deserve the consideration of + Congress. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 26, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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,<a href= + "#note-10"><small><sup>10</sup></small></a> concluded and + signed this day in the city of Washington by the respective + plenipotentiaries. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 27, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report of the Secretary of State, with + accompanying documents,<a href= + "#note-11"><small><sup>11</sup></small></a> in compliance + with the resolution of the Senate of the 17th ultimo. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 1, 1851</i>. + </p> + <p> + Hon. Howell Cobb,<br> + <i>Speaker of the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 3, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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: + </p> + <p> + "First. The State of Texas will agree that her boundary on + the north shall commence at the point at which the meridian + of 100° west from Greenwich is intersected by the + parallel of 36° 30' north latitude, and shall run from + said point due west to the meridian of 103° 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° of north latitude to the Rio Bravo del + Norte, and thence with the channel of said river to the Gulf + of Mexico. + </p> + <p> + "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. + </p> + <p> + "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. + </p> + <p> + "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. + </p> + <p> + "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: <i>Provided also</i>, 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: <i>Provided</i>, 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 + </p> + <p> + 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 + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + [SEAL.] + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + <br> + By the President:<br> + DANL. WEBSTER,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + Given under my hand and the seal of the United States this + 18th day of February, 1851. + </p> + <p> + [SEAL.] + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + <br> + DANL. WEBSTER,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Executive Journal of the Senate, Vol. VIII, p. 299.] + </center> + <p class="r"> + WASHINGTON, <i>March 3, 1851</i>. + </p> + <p> + <i>To the Senators of the United States, respectively</i>. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>March 4, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 10, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report of the Secretary of State, with + the accompanying documents,<a href= + "#note-12"><small><sup>12</sup></small></a> in compliance + with the resolution of the Senate of the 8th instant. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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 + </p> + <p> + 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 + </p> + <p> + 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:" + </p> + <p> + 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. + </p> + <p> + Given under my hand the 25th day of April, A.D. 1851, and the + seventy-fifth of the Independence of the United States. + </p> + <p> + [SEAL.] + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + <br> + By the President:<br> + W.S. DERRICK,<br> + <i>Acting Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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 + </p> + <p> + 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 + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Given under my hand the 22d day of October, A.D. 1851, and + the seventy-sixth of the Independence of the United States. + </p> + <p> + [SEAL.] + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + <br> + By the President:<br> + J.J. CRITTENDEN,<br> + <i>Acting Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 2, 1851</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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 <i>Pampero</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + On receiving information of what had occurred Commodore + Foxhall A. Parker was instructed to proceed in the steam + frigate <i>Saranac</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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— + </p> + <p class="q"> + 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. + </p> + <p> + And this law has been executed and enforced to the full + extent of the power of the Government from that day to this. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + "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. + </p> + <p> + 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 chargé 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 + chargé 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The President of the French Republic, according to the + provisions of the convention, has been selected as arbiter in + the case of the <i>General Armstrong</i>, 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. + </p> + <p> + 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. + </p> + <p> + 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 + <i>Mississippi</i>, which was selected to carry into effect + the resolution of Congress. Governor Kossuth left the + <i>Mississippi</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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— + </p> + <p class="q"> + 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. + </p> + <p> + In the same section of the law it is further provided— + </p> + <p class="q"> + 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, <i>for which duties on + imports were specially</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>ad + valorem</i> 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. + </p> + <p> + 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 <i>ad + valorem</i> 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 <i>ad valorem</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The initial point on the Rio Grande has also been fixed by + the commissioners, at latitude 32° 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The same is in a measure true in regard to some of the + harbors and inlets on the seacoast. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The report of the Postmaster-General, herewith communicated, + presents an interesting view of the progress, operations, and + condition of his Department. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The act of Congress for the return of fugitives from labor is + one required and demanded by the express words of the + Constitution. + </p> + <p> + The Constitution declares that— + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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 + <i>ex post facto</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 12, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 15, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a report<a href= + "#note-13"><small><sup>13</sup></small></a> of the Secretary + of State, in answer to their resolution of the 8th of March + last. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 15, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I have received a resolution of the Senate, adopted on the + 12th instant, in the following terms: + </p> + <p class="q"> + <i>Resolved</i>, 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 <i>Prometheus</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>Prometheus</i>, is herewith + transmitted to the Senate. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 16, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 16, 1851</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In answer to the resolution of the Senate of the 8th instant, + requesting the communication of a dispatch<a href= + "#note-14"><small><sup>14</sup></small></a> addressed to the + Department of State by Mr. Niles, late chargé + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1851</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, in answer to the first part<a href= + "#note-15"><small><sup>15</sup></small></a> of a resolution + of the 15th December, 1851, and also a report from the + Secretary of the Navy, in answer to the remaining + part<a href="#note-16"><small><sup>16</sup></small></a> of + the same resolution. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1851</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 29, 1851</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 2, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 2, 1852</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <center> + [The same message, dated January 6, 1852, was sent to the + Senate.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 3, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 5, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <center> + [The same message was sent to the Senate.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 9, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In answer to the resolution of the House of Representatives + of the 5th instant, I herewith transmit to it a report and + accompanying papers<a href= + "#note-17"><small><sup>17</sup></small></a> from the + Secretary of State. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 16, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 19, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 20, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 22, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 23, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 28, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In answer to the resolution of the House of Representatives + of the 15th ultimo, requesting information respecting the + seizure and confiscation of the bark <i>Georgiana</i>, of + Maine, and brig <i>Susan Loud</i>, of + Massachusetts,<a href="#note-18"><small><sup>18</sup></small></a> + I transmit a report from the Secretary of State and the + documents which accompanied it. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 28, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 9, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + A copy of a dispatch of Mr. J.R. Clay, the chargé + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 10, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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 <i>Prometheus</i> in the harbor of San Juan de + Nicaragua by the British brig of war <i>Express</i>, 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE CHAMBER,<br> + <i>Washington City, February 10, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 12, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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 <i>Arve</i><a href= + "#note-19"><small><sup>19</sup></small></a> 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 12, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 13, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 14, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + The subject is one of much importance, and I earnestly + commend it to the early consideration of Congress. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <center> + [The same message was sent to the Senate.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 16, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 16, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 chargé 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 1, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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 <i>ad interim</i> 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 4, 1852</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 4, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 4, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 25, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 26, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 26, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 29, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>March 29, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 + <i>v.</i> 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>April 6, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 8, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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.<a href= + "#note-20"><small><sup>20</sup></small></a> + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 19, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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— + </p> + <p> + 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." + </p> + <p> + 2. Governor Gaines's message to the legislative assembly of + the 3d February, 1851. + </p> + <p> + 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. + </p> + <p> + 4. The opinion of the supreme court of Oregon, pronounced on + the 9th December, 1851. + </p> + <p> + 5. A letter of Judge Pratt of the 15th December, 1851, + dissenting from that opinion. + </p> + <p> + 6. Governor Gaines's letter to the President of the 1st + January, 1852. + </p> + <p> + 7. Report of the Attorney-General of the United States on + that letter, dated 22d March, 1852. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 1, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 5, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 chargé + d'affaires of the United States to that Republic, on the part + of this Government, and by Señor 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 chargé 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 Señor Don Felipe Molina has been + received as chargé d'affaires of Guatemala here, and + has been empowered to effect the exchange on the part of that + Government. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 29, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 1, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 11, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 11, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 14, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith, for your consideration, a report from + the Secretary of State, accompanied by a communication from + His Excellency Señor 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 22, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of State, + with the accompanying documents,<a href= + "#note-21"><small><sup>21</sup></small></a> in compliance + with the Senate's resolution of the 29th of April last. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 22, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 23, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of State, + with the accompanying documents,<a href= + "#note-22"><small><sup>22</sup></small></a> in compliance + with the Senate's resolution of the 3d instant. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 26, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 26, 1852</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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. + </p> + <p> + It is presumed that as the treaty has not been returned to + this Department the Senate has made no decision in regard to + it. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + DANL. WEBSTER. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 26, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 26, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>July 1, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + On the 26th ultimo I received a resolution of the Senate, + passed in executive session, in the following words: + </p> + <p class="q"> + <i>Resolved,</i> 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. + </p> + <p> + On the same day I returned the following answer to that + resolution: + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>July 2, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit, for the advice and consent of the + Senate, a treaty recently negotiated with the Chickasaw + Nation of Indians. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 2, 1852</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + By an act of Congress approved on the 10th day of February, + 1852, an appropriation of $6,000 was made for the relief of + <i>American citizens</i> 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 13, 1852</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington City, July 26, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In obedience to your resolution adopted in executive session + June 11, 1852, I have the honor herewith to communicate a + report<a href="#note-23"><small><sup>23</sup></small></a> + from the Secretary of the Interior, containing the + information called for by that resolution. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 27, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 29, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 27th + instant, I transmit the copy of the notes<a href= + "#note-24"><small><sup>24</sup></small></a> of Mr. Luis de la + Rosa and Mr. J.M. Gonzales de la Vega, which it requests. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 31, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 2, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 <i>Mississippi</i> under + his command, has been dispatched to that quarter for the + purpose of protecting the rights of American fishermen under + the convention of 1818. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 9, 1852</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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 <i>Mississippi</i> 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 10, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Mr. Kerr, the chargé 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 12, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 13, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 14, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 21, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 27, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 27, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 27, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + As it is not deemed advisable that the instruction to Mr. + R.M. Walsh,<a href= + "#note-25"><small><sup>25</sup></small></a> a copy of which + is herewith transmitted, should be published at this time, I + communicate it confidentially to the Senate in executive + session. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 27, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 27, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 31, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EXECUTIVE ORDERS. + </h2> + <p class="r"> + WASHINGTON CITY,<br> + <i>May 17, 1852</i>. + </p> + <p> + The SECRETARY OF WAR. + </p> + <p> + 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. + </p> + <p> + I am, your obedient servant, + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY,<br> + <i>Tuesday, June 29, 1852—12.30 o'clock p.m.</i> + </p> + <p> + SIR:<a href="#note-26"><small><sup>26</sup></small></a> 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. + </p> + <p> + I have the honor to be, your obedient servant, + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 13, 1852</i>. + </p> + <p> + General Jos. G. TOTTEN. + </p> + <p> + 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. + </p> + <p> + I am, very respectfully, your obedient servant, + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From the Daily National Intelligencer, October 26, 1852.] + </center> + <p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, Monday Morning, October 25, 1852</i>. + </p> + <p> + The ACTING SECRETARY OF STATE and the SECRETARIES OF THE + TREASURY, INTERIOR, WAR, NAVY, the ATTORNEY-GENERAL and + POSTMASTER-GENERAL. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The people will share with the Executive Departments in the + common grief which bewails his departure from amongst us. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I am, gentlemen, your obedient servant, + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + THIRD ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 6, 1852</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 chargé 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. + </p> + <p> + 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 chargé 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. + </p> + <p> + 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. + </p> + <p> + The correspondence of the late Secretary of State with the + Peruvian chargé 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. + </p> + <p> + 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 chargé 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The condition of the Treasury is exhibited in the annual + report from that Department. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>ad valorem</i>. 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <pre> + 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 +</pre> + <p> + Being an increase of the amount sold and located under land + warrants of 569,220 acres over the previous year. + </p> + <p> + 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. + </p> + <pre> + 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 +</pre> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The appropriation which was made at the last session of + Congress for the continuation of the survey is subject to the + following proviso: + </p> + <p class="q"> + <i>Provided</i>, 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I commend all these objects, together with the charitable + institutions of the District, to your favorable regard. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 7, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 8, 1852</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 4, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 4, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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<a href= + "#note-27"><small><sup>27</sup></small></a> required. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + JANUARY 17, 1853. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 17, 1853</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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 + <i>Amistad</i>. 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. + </p> + <p> + The claim of the Spanish Government on behalf of its subjects + interested in the <i>Amistad</i> 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1853</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + For these reasons I have deemed it proper to submit the whole + matter to Congress, for such action as they may deem best. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 19, 1853</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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 <i>Georgiana</i> and + the brig <i>Susan Loud, I</i> transmit a report from the + Secretary of State, to whom the resolution was referred. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 21, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 24, 1853</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 24, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 <i>General Armstrong</i>, + I transmit a report from the Secretary of State and the + documents by which it was accompanied. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 27, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 27, 1853</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 3, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 chargé + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 3, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 7, 1853</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 9, 1853</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 14, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1853</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 19, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 26, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1853</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + [SEAL.] + </p> + <p> + 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. + </p> + <p class="r"> + MILLARD FILLMORE. + </p> + <p> + <br> + By the President:<br> + EDWARD EVERETT,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FOOTNOTES +</h2> + +<h3>Zachary Taylor</h3> +<a name="note-1a"><!--Note--></a> +<p class="foot"> +<u>1a</u> 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. +</p> +<a name="note-2a"><!--Note--></a> +<p class="foot"> +<u>2a</u> By the Spanish consul at New Orleans. +</p> + +<a name="note-3a"><!--Note--></a> +<p class="foot"> +<u>3a</u> Navigation laws and tariff on British productions. +</p> + +<a name="note-4a"><!--Note--></a> +<p class="foot"> +<u>4a</u> On California affairs. +</p> + +<a name="note-5a"><!--Note--></a> +<p class="foot"> +<u>5a</u> Communications from the United States consul at Vienna. +</p> +<h3>Millard Fillmore</h3> + <a name="note-1"><!--Note--></a> + <p class="foot"> + <u>1</u> Communications from the United States minister to + Turkey relative to the Hungarian exiles. + </p><a name="note-2"><!--Note--></a> + <p class="foot"> + <u>2</u> Incursions of Indians of the United States upon the + population of the Mexican frontier. + </p><a name="note-3"><!--Note--></a> + <p class="foot"> + <u>3</u> Correspondence with the Austrian chargé + 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. + </p><a name="note-4"><!--Note--></a> + <p class="foot"> + <u>4</u> Correspondence relative to the possessory rights of + the British Hudsons Bay Company in Oregon. + </p><a name="note-5"><!--Note--></a> + <p class="foot"> + <u>5</u> Correspondence with Spain relative to the claim of + the owners of the schooner <i>Amistad</i> for compensation on + account of the liberation of negroes on board said vessel. + </p><a name="note-6"><!--Note--></a> + <p class="foot"> + <u>6</u> 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. + </p><a name="note-7"><!--Note--></a> + <p class="foot"> + <u>7</u> Additional correspondence relative to the seizure of + the British ship <i>Albion</i>. + </p><a name="note-8"><!--Note--></a> + <p class="foot"> + <u>8</u> Relating to taxation by New Granada on United States + citizens when <i>in transitu</i> across the Isthmus of + Panama, and to the United States mail service at said + Isthmus. + </p><a name="note-9"><!--Note--></a> + <p class="foot"> + <u>9</u> Relating to the seizure of the British ship + <i>Albion</i>. + </p><a name="note-10"><!--Note--></a> + <p class="foot"> + <u>10</u> Portugal. + </p><a name="note-11"><!--Note--></a> + <p class="foot"> + <u>11</u> Correspondence relative to prisoners captured by + Spanish authorities at or near the island of Contoy, and to + projected expeditions to Cuba. + </p><a name="note-12"><!--Note--></a> + <p class="foot"> + <u>12</u> Correspondence with the United States minister at + Constantinople respecting the liberation of Kossuth and his + companions. + </p><a name="note-13"><!--Note--></a> + <p class="foot"> + <u>13</u> 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. + </p><a name="note-14"><!--Note--></a> + <p class="foot"> + <u>14</u> On the subject of a ship canal between the Atlantic + and Pacific oceans. + </p><a name="note-15"><!--Note--></a> + <p class="foot"> + <u>15</u> Relating to the conclusion of a treaty between + Spain, France, and Great Britain in respect to the island of + Cuba. + </p><a name="note-16"><!--Note--></a> + <p class="foot"> + <u>16</u> 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. + </p><a name="note-17"><!--Note--></a> + <p class="foot"> + <u>17</u> 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. + </p><a name="note-18"><!--Note--></a> + <p class="foot"> + <u>18</u> By the Spanish or Cuban authorities + </p><a name="note-19"><!--Note--></a> + <p class="foot"> + <u>19</u> By Haytien authorities. + </p><a name="note-20"><!--Note--></a> + <p class="foot"> + <u>20</u> Relating to the relations between the United States + and Japan. + </p><a name="note-21"><!--Note--></a> + <p class="foot"> + <u>21</u> Correspondence of the American chargé at + Vienna on the subject of the apprehension and imprisonment by + the Austrian authorities of Rev. Charles L. Brace, an + American citizen. + </p><a name="note-22"><!--Note--></a> + <p class="foot"> + <u>22</u> Correspondence relative to the withdrawal of Mr. + Hülsemann, chargé d'affaires from Austria to the + United States. + </p><a name="note-23"><!--Note--></a> + <p class="foot"> + <u>23</u> Relating to the boundary line between the United + States and Mexico. + </p><a name="note-24"><!--Note--></a> + <p class="foot"> + <u>24</u> Upon the subject of the American and Mexican + boundary commission. + </p><a name="note-25"><!--Note--></a> + <p class="foot"> + <u>25</u> Special agent of the United States in the island of + St. Domingo. + </p><a name="note-26"><!--Note--></a> + <p class="foot"> + <u>26</u> Addressed to the heads of the several Executive + Departments. + </p><a name="note-27"><!--Note--></a> + <p class="foot"> + <u>27</u> Relating to the Mexican boundary commission. + </p> + <p> + + </p> +<hr class="full"> +<pre> + + +***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-h.txt or 10951-h.zip ******* + +This and all associated files of various formats will be found in:<br /> +<a href="https://www.gutenberg.org/1/0/9/5/10951">https://www.gutenberg.org/1/0/9/5/10951</a> + +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 Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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For +example an eBook of filename 10234 would be found at: + +https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: +https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: +<a href="https://www.gutenberg.org/GUTINDEX.ALL">https://www.gutenberg.org/GUTINDEX.ALL</a> + +*** END: FULL LICENSE *** +</pre> +</body> +</html> 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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