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+The Project Gutenberg EBook of A Compilation of the Messages and Papers of
+the Presidents, 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
+ Section 3 (of 4) of Volume 5: Franklin Pierce
+
+Author: James D. Richardson
+
+Release Date: February 17, 2004 [EBook #11125]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK FRANKLIN PIERCE ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+
+BY JAMES D. RICHARDSON
+
+
+Franklin Pierce
+
+March 4, 1853, to March 4, 1857
+
+
+
+Franklin Pierce
+
+
+Franklin Pierce was born in Hillsboro, N.H., November 23, 1804. Was
+the fourth son of Benjamin and Anna Pierce. His father was a citizen of
+Massachusetts; was a soldier in the War of the Revolution, attaining the
+rank of captain and brevet major. After peace was declared he removed
+from Massachusetts to New Hampshire and located near what is now
+Hillsboro. His first wife was Elizabeth Andrews, who died at an early
+age. His second wife, the mother of Franklin Pierce, was Anna Kendrick,
+of Amherst, N.H. He was sheriff of his county, a member of the State
+legislature and of the governor's council, and was twice chosen governor
+of his State (as a Democrat), first in 1827 and again in 1829, For many
+years he was declared to be "the most influential man in New Hampshire,"
+He died in 1839. Franklin was given an academic education in well-known
+institutions at Hancock, Francestown, and Exeter, and in 1820 was sent
+to Bowdoin College, His college mates there were John P. Hale, his
+future political rival; Professor Calvin E. Stowe; Sergeant S. Prentiss,
+the distinguished orator; Henry W. Longfellow, and Nathaniel Hawthorne,
+his future biographer and lifelong friend. He graduated in 1824, being
+third in his class. After taking his degree he began the study of law
+at Portsmouth in the office of Levi Woodbury, where he remained about
+a year. Afterwards spent two years in the law school at Northampton,
+Mass., and in the office of Judge Edmund Parker, at Amherst, N.H.
+In 1827 was admitted to the bar and began practice in his native
+town. Espoused the cause of Andrew Jackson with ardor, and in 1829 was
+elected to represent his native town in the legislature, where by three
+subsequent elections he served four years, the last two as speaker.
+In 1833 was elected to represent his native district in the lower House
+of Congress, where he remained four years; served on the Judiciary and
+other important committees. His first important speech in the House was
+delivered in 1834 upon the necessity of economy and of watchfulness
+against frauds in the payment of Revolutionary claims. In 1834 married
+Miss Jane Means Appleton, daughter of Rev. Jesse Appleton, president of
+Bowdoin College. In 1837 was elected to the United States Senate. On
+account of ill health of his wife, deeming it best for her to return to
+New Hampshire, on June 28, 1842, resigned his seat, and returning to his
+home resumed the practice of the law. In 1838 he changed his residence
+from Hillsboro to Concord. In 1845 declined an appointment to the United
+States Senate to fill a vacancy. Also declined the nomination for
+governor, tendered by the Democratic State convention, and in 1845 an
+appointment to the office of Attorney-General of the United States,
+tendered by President Polk. In 1846, when the war with Mexico began, he
+enlisted as a private in a volunteer company organized at Concord; was
+soon afterwards commissioned colonel of the Ninth Regiment of Infantry;
+March 3, 1847, was commissioned brigadier-general in the Volunteer Army,
+and on March 27 embarked for Mexico, arriving at Vera Cruz June 28.
+August 6, 1847, joined General Scott with his brigade at Puebla, and
+soon set out for the capture of the City of Mexico. Took part in the
+battle of Contreras September 19, 1847, in which engagement he was
+severely injured by being thrown from his horse. The next day, not
+having recovered, he undertook to accompany his brigade in action
+against the enemy, when he fainted. He persisted in remaining on duty
+in the subsequent operations of the Army. His conduct and services were
+spoken of in high terms by his superior officers, Generals Scott, Worth,
+and Pillow. Before the battle of Molino del Rey was appointed one of the
+American commissioners in the effort for peace, a truce being declared
+for that purpose. The effort failed and the fighting was renewed.
+Participated in the battle of Molino del Rey and continued on duty till
+peace was declared. Resigned his commission in March, 1848, and returned
+to his home. The same month the legislature of his State voted him
+a sword of honor in appreciation of his services in the war. Resumed
+his law practice and was highly successful. In 1850 was a member
+of the constitutional convention which met at Concord to amend the
+constitution of New Hampshire, and was chosen to preside over its
+deliberations; he favored the removal of the religious-test clause in
+the old constitution, by which Roman Catholics were disqualified from
+holding office in the State, and also the abolition of any "property
+qualification;" he carried these amendments through the convention,
+but the people defeated them at the election. In January, 1852, the
+Democratic State convention of New Hampshire declared for him for
+President, but in a letter January 12 he positively refused to permit
+the delegation to present his name. The national convention of the party
+met at Baltimore June 1, 1852. On the fourth day he was nominated for
+President, and was elected in November, receiving 254 electoral votes,
+while his opponent, General Scott, received only 42. Was inaugurated
+March 4, 1853. In 1856 he was voted for by his friends in the national
+Democratic convention for renomination, but was unsuccessful. Upon the
+expiration of his term as President he retired to his home at Concord,
+where he resided the remainder of his life. Died October 8, 1869, and
+was buried at Concord.
+
+
+
+
+INAUGURAL ADDRESS.
+
+
+My Countrymen: It is a relief to feel that no heart but my own can know
+the personal regret and bitter sorrow over which I have been borne to a
+position so suitable for others rather than desirable for myself.
+
+The circumstances under which I have been called for a limited period to
+preside over the destinies of the Republic fill me with a profound sense
+of responsibility, but with nothing like shrinking apprehension. I
+repair to the post assigned me not as to one sought, but in obedience to
+the unsolicited expression of your will, answerable only for a fearless,
+faithful, and diligent exercise of my best powers. I ought to be,
+and am, truly grateful for the rare manifestation of the nation's
+confidence; but this, so far from lightening my obligations, only adds
+to their weight. You have summoned me in my weakness; you must sustain
+me by your strength. When looking for the fulfillment of reasonable
+requirements, you will not be unmindful of the great changes which have
+occurred, even within the last quarter of a century, and the consequent
+augmentation and complexity of duties imposed in the administration both
+of your home and foreign affairs.
+
+Whether the elements of inherent force in the Republic have kept pace
+with its unparalleled progression in territory, population, and wealth
+has been the subject of earnest thought and discussion on both sides of
+the ocean. Less than sixty-four years ago the Father of his Country made
+"the" then "recent accession of the important State of North Carolina
+to the Constitution of the United States" one of the subjects of his
+special congratulation. At that moment, however, when the agitation
+consequent upon the Revolutionary struggle had hardly subsided, when
+we were just emerging from the weakness and embarrassments of the
+Confederation, there was an evident consciousness of vigor equal to the
+great mission so wisely and bravely fulfilled by our fathers. It was not
+a presumptuous assurance, but a calm faith, springing from a clear view
+of the sources of power in a government constituted like ours. It is
+no paradox to say that although comparatively weak the new-born nation
+was intrinsically strong. Inconsiderable in population and apparent
+resources, it was upheld by a broad and intelligent comprehension of
+rights and an all-pervading purpose to maintain them, stronger than
+armaments. It came from the furnace of the Revolution, tempered to the
+necessities of the times. The thoughts of the men of that day were as
+practical as their sentiments were patriotic. They wasted no portion of
+their energies upon idle and delusive speculations, but with a firm
+and fearless step advanced beyond the governmental landmarks which had
+hitherto circumscribed the limits of human freedom and planted their
+standard, where it has stood against dangers which have threatened from
+abroad, and internal agitation, which has at times fearfully menaced at
+home. They proved themselves equal to the solution of the great problem,
+to understand which their minds had been illuminated by the dawning
+lights of the Revolution. The object sought was not a thing dreamed
+of; it was a thing realized. They had exhibited not only the power to
+achieve, but, what all history affirms to be So much more unusual, the
+capacity to maintain. The oppressed throughout the world from that day
+to the present have turned their eyes hitherward, not to find those
+lights extinguished or to fear lest they should wane, but to be
+constantly cheered by their steady and increasing radiance.
+
+In this our country has, in my judgment, thus far fulfilled its highest
+duty to suffering humanity. It has spoken and will continue to speak,
+not only by its words, but by its acts, the language of sympathy,
+encouragement, and hope to those who earnestly listen to tones which
+pronounce for the largest rational liberty. But after all, the most
+animating encouragement and potent appeal for freedom will be its own
+history--its trials and its triumphs. Preeminently, the power of our
+advocacy reposes in our example; but no example, be it remembered,
+can be powerful for lasting good, whatever apparent advantages may be
+gained, which is not based upon eternal principles of right and justice.
+Our fathers decided for themselves, both upon the hour to declare and
+the hour to strike. They were their own judges of the circumstances
+under which it became them to pledge to each other "their lives, their
+fortunes, and their sacred honor" for the acquisition of the priceless
+inheritance transmitted to us. The energy with which that great conflict
+was opened and, under the guidance of a manifest and beneficent
+Providence, the uncomplaining endurance with which it was prosecuted to
+its consummation were only surpassed by the wisdom and patriotic spirit
+of concession which characterized all the counsels of the early fathers.
+
+One of the most impressive evidences of that wisdom is to be found in
+the fact that the actual working of our system has dispelled a degree of
+solicitude which at the outset disturbed bold hearts and far-reaching
+intellects. The apprehension of dangers from extended territory,
+multiplied States, accumulated wealth, and augmented population has
+proved to be unfounded. The stars upon your banner have become nearly
+threefold their original number; your densely populated possessions
+skirt the shores of the two great oceans; and yet this vast increase
+of people and territory has not only shown itself compatible with
+the harmonious action of the States and Federal Government in their
+respective constitutional spheres, but has afforded an additional
+guaranty of the strength and integrity of both.
+
+With an experience thus suggestive and cheering, the policy of my
+Administration will not be controlled by any timid forebodings of evil
+from expansion. Indeed, it is not to be disguised that our attitude as a
+nation and our position on the globe render the acquisition of certain
+possessions not within our jurisdiction eminently important for our
+protection, if not in the future essential for the preservation of the
+rights of commerce and the peace of the world. Should they be obtained,
+it will be through no grasping spirit, but with a view to obvious
+national interest and security, and in a manner entirely consistent with
+the strictest observance of national faith. We have nothing in our
+history or position to invite aggression; we have everything to beckon
+us to the cultivation of relations of peace and amity with all nations.
+Purposes, therefore, at once just and pacific will be significantly
+marked in the conduct of our foreign affairs. I intend that my
+Administration shall leave no blot upon our fair record, and trust I may
+safely give the assurance that no act within the legitimate scope of my
+constitutional control will be tolerated on the part of any portion of
+our citizens which can not challenge a ready justification before the
+tribunal of the civilized world. An Administration would be unworthy of
+confidence at home or respect abroad should it cease to be influenced by
+the conviction that no apparent advantage can be purchased at a price so
+dear as that of national wrong or dishonor. It is not your privilege as
+a nation to speak of a distant past. The striking incidents of your
+history, replete with instruction and furnishing abundant grounds for
+hopeful confidence, are comprised in a period comparatively brief.
+But if your past is limited, your future is boundless. Its obligations
+throng the unexplored pathway of advancement, and will be limitless as
+duration. Hence a sound and comprehensive policy should embrace not less
+the distant future than the urgent present.
+
+The great objects of our pursuit as a people are best to be attained by
+peace, and are entirely consistent with the tranquillity and interests
+of the rest of mankind. With the neighboring nations upon our continent
+we should cultivate kindly and fraternal relations. We can desire
+nothing in regard to them so much as to see them consolidate their
+strength and pursue the paths of prosperity and happiness. If in the
+course of their growth we should open new channels of trade and create
+additional facilities for friendly intercourse, the benefits realized
+will be equal and mutual, Of the complicated European systems of
+national polity we have heretofore been independent. From their wars,
+their tumults, and anxieties we have been, happily, almost entirely
+exempt. Whilst these are confined to the nations which gave them
+existence, and within their legitimate jurisdiction, they can not affect
+us except as they appeal to our Sympathies in the cause of human freedom
+and universal advancement. But the vast interests of commerce are
+common to all mankind, and the advantages of trade and international
+intercourse must always present a noble field for the moral influence
+of a great people.
+
+With these views firmly and honestly carried out, we have a right to
+expect, and shall under all circumstances require, prompt reciprocity.
+The rights which belong to us as a nation are not alone to be regarded,
+but those which pertain to every citizen in his individual capacity, at
+home and abroad, must be sacredly maintained. So long as he can discern
+every star in its place upon that ensign, without wealth to purchase
+for him preferment or title to secure for him place, it will be his
+privilege, and must be his acknowledged right, to stand unabashed even
+in the presence of princes, with a proud consciousness that he is
+himself one of a nation of sovereigns and that he can not in legitimate
+pursuit wander so far from home that the agent whom he shall leave
+behind in the place which I now occupy will not see that no rude hand
+of power or tyrannical passion is laid upon him with impunity. He must
+realize that upon every sea and on every soil where our enterprise may
+rightfully seek the protection of our flag American citizenship is an
+inviolable panoply for the security of American rights. And in this
+connection it can hardly be necessary to reaffirm a principle which
+should now be regarded as fundamental. The rights, security, and repose
+of this Confederacy reject the idea of interference or colonization on
+this side of the ocean by any foreign power beyond present jurisdiction
+as utterly inadmissible.
+
+The opportunities of observation furnished by my brief experience as a
+soldier confirmed in my own mind the opinion, entertained and acted upon
+by others from the formation of the Government, that the maintenance of
+large standing armies in our country would be not only dangerous, but
+unnecessary. They also illustrated the importance--I might well say
+the absolute necessity--of the military science and practical skill
+furnished in such an eminent degree by the institution which has made
+your Army what it is, under the discipline and instruction of officers
+not more distinguished for their solid attainments, gallantry, and
+devotion to the public service than for unobtrusive bearing and high
+moral tone. The Army as organized must be the nucleus around which in
+every time of need the strength of your military power, the sure bulwark
+of your defense--a national militia--may be readily formed into a
+well-disciplined and efficient organization. And the skill and
+self-devotion of the Navy assure you that you may take the performance
+of the past as a pledge for the future, and may confidently expect that
+the flag which has waved its untarnished folds over every sea will still
+float in undiminished honor. But these, like many other subjects, will
+be appropriately brought at a future time to the attention of the
+coordinate branches of the Government, to which I shall always look
+with profound respect and with trustful confidence that they will accord
+to me the aid and support which I shall so much need and which their
+experience and wisdom will readily suggest.
+
+In the administration of domestic affairs you expect a devoted
+integrity in the public service and an observance of rigid economy
+in all departments, so marked as never justly to be questioned. If this
+reasonable expectation be not realized, I frankly confess that one of
+your leading hopes is doomed to disappointment, and that my efforts
+in a very important particular must result in a humiliating failure.
+Offices can be properly regarded only in the light of aids for the
+accomplishment of these objects, and as occupancy can confer no
+prerogative nor importunate desire for preferment any claim, the public
+interest imperatively demands that they be considered with sole
+reference to the duties to be performed. Good citizens may well claim
+the protection of good laws and the benign influence of good government,
+but a claim for office is what the people of a republic should never
+recognize. No reasonable man of any party will expect the Administration
+to be so regardless of its responsibility and of the obvious elements
+of success as to retain persons known to be under the influence of
+political hostility and partisan prejudice in positions which will
+require not only severe labor, but cordial cooperation. Having no
+implied engagements to ratify, no rewards to bestow, no resentments to
+remember, and no personal wishes to consult in selections for official
+station, I shall fulfill this difficult and delicate trust, admitting
+no motive as worthy either of my character or position which does not
+contemplate an efficient discharge of duty and the best interests of my
+country. I acknowledge my obligations to the masses of my countrymen,
+and to them alone. Higher objects than personal aggrandizement gave
+direction and energy to their exertions in the late canvass, and
+they shall not be disappointed. They require at my hands diligence,
+integrity, and capacity wherever there are duties to be performed.
+Without these qualities in their public servants, more stringent laws
+for the prevention or punishment of fraud, negligence, and peculation
+will be vain. With them they will be unnecessary.
+
+But these are not the only points to which you look for vigilant
+watchfulness. The dangers of a concentration of all power in the
+general government of a confederacy so vast as ours are too obvious
+to be disregarded. You have a right, therefore, to expect your agents
+in every department to regard strictly the limits imposed upon them
+by the Constitution of the United States. The great scheme of our
+constitutional liberty rests upon a proper distribution of power
+between the State and Federal authorities, and experience has shown
+that the harmony and happiness of our people must depend upon a just
+discrimination between the separate rights and responsibilities of
+the States and your common rights and obligations under the General
+Government; and here, in my opinion, are the considerations which should
+form the true basis of future concord in regard to the questions which
+have most seriously disturbed public tranquillity. If the Federal
+Government will confine itself to the exercise of powers clearly granted
+by the Constitution, it can hardly happen that its action upon any
+question should endanger the institutions of the States or interfere
+with their right to manage matters strictly domestic according to the
+will of their own people.
+
+In expressing briefly my views upon an important subject which has
+recently agitated the nation to almost a fearful degree, I am moved by
+no other impulse than a most earnest desire for the perpetuation of that
+Union which has made us what we are, showering upon us blessings and
+conferring a power and influence which our fathers could hardly have
+anticipated, even with their most sanguine hopes directed to a far-off
+future. The sentiments I now announce were not unknown before the
+expression of the voice which called me here. My own position upon this
+subject was clear and unequivocal, upon the record of my words and my
+acts, and it is only recurred to at this time because silence might
+perhaps be misconstrued. With the Union my best and dearest earthly
+hopes are entwined. Without it what are we individually or collectively?
+What becomes of the noblest field ever opened for the advancement of our
+race in religion, in government, in the arts, and in all that dignifies
+and adorns mankind? From that radiant constellation which both illumines
+our own way and points out to struggling nations their course, let but a
+single star be lost, and, if there be not utter darkness, the luster of
+the whole is dimmed. Do my countrymen need any assurance that such a
+catastrophe is not to overtake them while I possess the power to stay
+it? It is with me an earnest and vital belief that as the Union has been
+the source, under Providence, of our prosperity to this time, so it is
+the surest pledge of a continuance of the blessings we have enjoyed, and
+which we are sacredly bound to transmit undiminished to our children.
+The field of calm and free discussion in our country is open, and will
+always be so, but never has been and never can be traversed for good
+in a spirit of sectionalism and uncharitableness. The founders of the
+Republic dealt with things as they were presented to them, in a spirit
+of self-sacrificing patriotism, and, as time has proved, with a
+comprehensive wisdom which it will always be safe for us to consult.
+Every measure tending to strengthen the fraternal feelings of all the
+members of our Union has had my heartfelt approbation. To every theory
+of society or government, whether the offspring of feverish ambition
+or of morbid enthusiasm, calculated to dissolve the bonds of law
+and affection which unite us, I shall interpose a ready and stern
+resistance. I believe that involuntary servitude, as it exists in
+different States of this Confederacy, is recognized by the Constitution.
+I believe that it stands like any other admitted right, and that the
+States where it exists are entitled to efficient remedies to enforce the
+constitutional provisions. I hold that the laws of 1850, commonly called
+the "compromise measures," are strictly constitutional and to be
+unhesitatingly carried into effect. I believe that the constituted
+authorities of this Republic are bound to regard the rights of the South
+in this respect as they would view any other legal and constitutional
+right, and that the laws to enforce them should be respected and obeyed,
+not with a reluctance encouraged by abstract opinions as to their
+propriety in a different state of society, but cheerfully and according
+to the decisions of the tribunal to which their exposition belongs.
+Such have been, and are, my convictions, and upon them I shall act.
+I fervently hope that the question is at rest, and that no sectional or
+ambitious or fanatical excitement may again threaten the durability of
+our institutions or obscure the light of our prosperity.
+
+But let not the foundation of our hope rest upon man's wisdom. It will
+not be sufficient that sectional prejudices find no place in the public
+deliberations. It will not be sufficient that the rash counsels of human
+passion are rejected. It must be felt that there is no national security
+but in the nation's humble, acknowledged dependence upon God and His
+overruling providence.
+
+We have been carried in safety through a perilous crisis. Wise counsels,
+like those which gave us the Constitution, prevailed to uphold it. Let
+the period be remembered as an admonition, and not as an encouragement,
+in any section of the Union, to make experiments where experiments are
+fraught with such fearful hazard. Let it be impressed upon all hearts
+that, beautiful as our fabric is, no earthly power or wisdom could ever
+reunite its broken fragments. Standing, as I do, almost within view
+of the green slopes of Monticello, and, as it were, within reach of
+the tomb of Washington, with all the cherished memories of the past
+gathering around me like so many eloquent voices of exhortation from
+heaven, I can express no better hope for my country than that the kind
+Providence which smiled upon our fathers may enable their children to
+preserve the blessings they have inherited.
+
+MARCH 4, 1853.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _March 21, 1853_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 17th instant,
+respecting certain propositions to Nicaragua and Costa Rica relative to
+the settlement of the territorial controversies between the States and
+Governments bordering on the river San Juan, I transmit a report from
+the Secretary of State and the documents by which it was accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 21, 1853_.
+
+_To the Senate_:
+
+
+The eleventh article of the treaty with the Chickasaw Indians of the
+20th October, 1832, provides that certain moneys arising from the sales
+of the lands ceded by that treaty shall be laid out under the direction
+of the President of the United States, by and with the advice and
+consent of the Senate, in such safe and valuable stock as he may approve
+of, for the benefit of the Chickasaw Nation.
+
+The report of the Secretary of the Treasury of the 15th instant,
+herewith transmitted, shows that the sum of $58,100 5 per cent stock,
+created under the act of 3d March, 1843, now stands on the books of the
+Treasury in the name of the Secretary of the Treasury, as trustee for
+the Chickasaw national fund. This stock, by the terms of its issue, is
+redeemable on the 1st July next, when interest thereon will cease. It
+therefore becomes my duty to lay before the Senate the subject of
+reinvesting this amount under the same trust.
+
+The second section of the act of 11th September, 1841 (the first section
+of which repeals the provisions of the act of 7th July, 1838, directing
+the investment of the Smithsonian fund in the stocks of the States),
+enacts that "all other funds held in trust by the United States, and the
+annual interest accruing thereon, when not otherwise required by treaty,
+shall in like manner be invested in stocks of the United States bearing
+a like rate of interest."
+
+I submit to the Senate whether it will advise and consent that the
+Secretary of the Treasury be authorized, under my direction, to reinvest
+the above-mentioned sum of $58,100 in stocks of the United States under
+the same trust.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 21, 1853_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 18th of January last,
+calling for further correspondence touching the revolution in France of
+December, 1851, I transmit a report from the Secretary of State and the
+documents by which it was accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE CHAMBER, _March 25, 1853_.
+
+_To the Senate of the United States_:
+
+I nominate Mrs. Mary Berard to be deputy postmaster at "West Point,"
+N.Y., the commissions for said office having exceeded $1,000 for the
+year ending the 30th June, 1852. Mrs. B. has held said office since the
+12th of May, 1848, under an appointment of the Post-Office Department.
+
+FRANKLIN PIERCE.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE OFFICE, _March 23, 1853_.
+
+Believing that the public interests involved in the erection of the
+wings of the United States Capitol will be promoted by the exercise of
+a general supervision and control of the whole work by a skillful and
+competent officer of the Corps of Engineers or of the Topographical
+Corps, and as the officers of those corps are more immediately amenable
+to the Secretary of War, I hereby direct that the jurisdiction
+heretofore exercised over the said work by the Department of the
+Interior be transferred to the War Department, and request that the
+Secretary of War will designate to the President a suitable officer
+to take charge of the same.
+
+FRANKLIN PIERCE.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+WASHINGTON, _April 20, 1853_.
+
+The President has, with deep sorrow, received information that the
+Vice-President of the United States, William R. King, died on the 18th
+instant at his residence in Alabama.
+
+In testimony of respect for eminent station, exalted character, and,
+higher and above all station, for a career of public service and
+devotion to this Union which for duration and usefulness is almost
+without a parallel in the history of the Republic, the labors of the
+various Departments will be suspended.
+
+The Secretaries of War and Navy will issue orders that appropriate
+military and naval honors be rendered to the memory of one to whom such
+a tribute will not be formal, but heartfelt from a people the deceased
+has so faithfully served.
+
+The public offices will be closed to-morrow and badges of mourning be
+placed on the Executive Mansion and all the Executive Departments at
+Washington.
+
+FRANKLIN PIERCE.
+
+
+
+GENERAL ORDERS, No. II.
+
+
+WAR DEPARTMENT,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, April 20, 1853_.
+
+I. The following order announces to the Army the death of William Rufus
+King, late Vice-President of the United States:
+
+
+WAR DEPARTMENT,
+
+_Washington, April 20, 1853_.
+
+With deep sorrow the President announces to the Army the death of
+William Rufus King, Vice-President of the United States, who died on the
+evening of Monday, the 18th instant, at his residence in Dallas County,
+Ala.
+
+Called into the service of his country at a period in life when but few
+are prepared to enter upon its realities, his long career of public
+usefulness at home and abroad has always been honored by the public
+confidence, and was closed in the second office within the gift of the
+people.
+
+From sympathy with his relatives and the American people for their loss
+and from respect for his distinguished public services, the President
+directs that appropriate honors to his memory be paid by the Army.
+
+JEFFERSON DAVIS,
+
+_Secretary of War_.
+
+
+II. On the day next succeeding the receipt of this order at each
+military post the troops will be paraded at 10 o'clock a.m. and this
+order read to them.
+
+The national flag will be displayed at half-staff.
+
+At dawn of day thirteen guns will be fired. Commencing at 12 o'clock m.
+seventeen minute guns will be fired and at the close of the day the
+national salute of thirty-one guns.
+
+The usual badge of mourning will be worn by officers of the Army and the
+colors of the several regiments will be put in mourning for the period
+of three months.
+
+By order:
+
+S. COOPER,
+
+_Adjutant-General_.
+
+
+
+[From the Daily National Intelligencer, April 21, 1853.]
+
+GENERAL ORDER.
+
+NAVY DEPARTMENT,
+
+_April 20, 1853_.
+
+With deep sorrow the President announces to the officers of the Navy
+and Marine Corps the death of William Rufus King, Vice-President of the
+United States, who died on the evening of Monday, the 18th instant, at
+his residence in Alabama.
+
+Called into the service of his country at a period of life when but few
+are prepared to enter upon its realities, his long career of public
+usefulness at home and abroad has always been honored by the public
+confidence, and was closed in the second office within the gift of the
+people.
+
+From sympathy with his relatives and the American people for their loss
+and from respect for his distinguished public services, the President
+directs that appropriate honors be paid to his memory at each of the
+navy-yards and naval stations and on board all the public vessels in
+commission on the day after this order is received by firing at dawn
+of day thirteen guns, at 12 o'clock m. seventeen minute guns, and at
+the close of the day the national salute, by carrying their flags at
+half-mast one day, and by the officers wearing crape on the left arm
+for three months.
+
+J.C. DOBBIN,
+
+_Secretary of the Navy_.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+
+WASHINGTON, D.C., _December 5, 1853_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The interest with which the people of the Republic anticipate the
+assembling of Congress and the fulfillment on that occasion of the duty
+imposed upon a new President is one of the best evidences of their
+capacity to realize the hopes of the founders of a political system
+at once complex and symmetrical. While the different branches of the
+Government are to a certain extent independent of each other, the duties
+of all alike have direct reference to the source of power. Fortunately,
+under this system no man is so high and none so humble in the scale of
+public station as to escape from the scrutiny or to be exempt from the
+responsibility which all official functions imply.
+
+Upon the justice and intelligence of the masses, in a government thus
+organized, is the sole reliance of the confederacy and the only security
+for honest and earnest devotion to its interests against the usurpations
+and encroachments of power on the one hand and the assaults of personal
+ambition on the other.
+
+The interest of which I have spoken is inseparable from an inquiring,
+self-governing community, but stimulated, doubtless, at the present time
+by the unsettled condition of our relations with several foreign powers,
+by the new obligations resulting from a sudden extension of the field of
+enterprise, by the spirit with which that field has been entered and the
+amazing energy with which its resources for meeting the demands of
+humanity have been developed.
+
+Although disease, assuming at one time the characteristics of a
+widespread and devastating pestilence, has left its sad traces upon
+some portions of our country, we have still the most abundant cause
+for reverent thankfulness to God for an accumulation of signal mercies
+showered upon us as a nation. It is well that a consciousness of rapid
+advancement and increasing strength be habitually associated with an
+abiding sense of dependence upon Him who holds in His hands the destiny
+of men and of nations.
+
+Recognizing the wisdom of the broad principle of absolute religious
+toleration proclaimed in our fundamental law, and rejoicing in the
+benign influence which it has exerted upon our social and political
+condition, I should shrink from a clear duty did I fail to express
+my deepest conviction that we can place no secure reliance upon any
+apparent progress if it be not sustained by national integrity, resting
+upon the great truths affirmed and illustrated by divine revelation.
+In the midst of our sorrow for the afflicted and suffering, it has been
+consoling to see how promptly disaster made true neighbors of districts
+and cities separated widely from each other, and cheering to watch the
+strength of that common bond of brotherhood which unites all hearts, in
+all parts of this Union, when danger threatens from abroad or calamity
+impends over us at home.
+
+Our diplomatic relations with foreign powers have undergone no essential
+change since the adjournment of the last Congress. With some of them
+questions of a disturbing character are still pending, but there are
+good reasons to believe that these may all be amicably adjusted.
+
+For some years past Great Britain has so construed the first article of
+the convention of the 20th of April, 1818, in regard to the fisheries
+on the northeastern coast, as to exclude our citizens from some of the
+fishing grounds to which they freely resorted for nearly a quarter of a
+century subsequent to the date of that treaty. The United States have
+never acquiesced in this construction, but have always claimed for
+their fishermen all the rights which they had so long enjoyed without
+molestation. With a view to remove all difficulties on the subject,
+to extend the rights of our fishermen beyond the limits fixed by the
+convention of 1818, and to regulate trade between the United States and
+the British North American Provinces, a negotiation has been opened with
+a fair prospect of a favorable result. To protect our fishermen in the
+enjoyment of their rights and prevent collision between them and British
+fishermen, I deemed it expedient to station a naval force in that
+quarter during the fishing season.
+
+Embarrassing questions have also arisen between the two Governments in
+regard to Central America. Great Britain has proposed to settle them by
+an amicable arrangement, and our minister at London is instructed to
+enter into negotiations on that subject.
+
+A commission for adjusting the claims of our citizens against Great
+Britain and those of British subjects against the United States,
+organized under the convention of the 8th of February last, is now
+sitting in London for the transaction of business.
+
+It is in many respects desirable that the boundary line between the
+United States and the British Provinces in the northwest, as designated
+in the convention of the 15th of June, 1846, and especially that part
+which separates the Territory of Washington from the British possessions
+on the north, should be traced and marked. I therefore present the
+subject to your notice.
+
+With France our relations continue on the most friendly footing. The
+extensive commerce between the United States and that country might,
+it is conceived, be released from some unnecessary restrictions to
+the mutual advantage of both parties. With a view to this object,
+some progress has been made in negotiating a treaty of commerce and
+navigation.
+
+Independently of our valuable trade with Spain, we have important
+political relations with her growing out of our neighborhood to the
+islands of Cuba and Porto Rico. I am happy to announce that since the
+last Congress no attempts have been made by unauthorized expeditions
+within the United States against either of those colonies. Should any
+movement be manifested within our limits, all the means at my command
+will be vigorously exerted to repress it. Several annoying occurrences
+have taken place at Havana, or in the vicinity of the island of Cuba,
+between our citizens and the Spanish authorities. Considering the
+proximity of that island to our shores, lying, as it does, in the track
+of trade between some of our principal cities, and the suspicious
+vigilance with which foreign intercourse, particularly that with the
+United States, is there guarded, a repetition of such occurrences may
+well be apprehended.
+
+As no diplomatic intercourse is allowed between our consul at Havana
+and the Captain-General of Cuba, ready explanations can not be made or
+prompt redress afforded where injury has resulted. All complaint on the
+part of our citizens under the present arrangement must be, in the first
+place, presented to this Government and then referred to Spain. Spain
+again refers it to her local authorities in Cuba for investigation, and
+postpones an answer till she has heard from those authorities. To avoid
+these irritating and vexatious delays, a proposition has been made to
+provide for a direct appeal for redress to the Captain-General by our
+consul in behalf of our injured fellow-citizens. Hitherto the Government
+of Spain has declined to enter into any such arrangement. This course
+on her part is deeply regretted, for without some arrangement of this
+kind the good understanding between the two countries may be exposed to
+occasional interruption. Our minister at Madrid is instructed to renew
+the proposition and to press it again upon the consideration of Her
+Catholic Majesty's Government.
+
+For several years Spain has been calling the attention of this
+Government to a claim for losses by some of her subjects in the case
+of the schooner _Amistad_. This claim is believed to rest on the
+obligations imposed by our existing treaty with that country. Its
+justice was admitted in our diplomatic correspondence with the Spanish
+Government as early as March, 1847, and one of my predecessors, in his
+annual message of that year, recommended that provision should be made
+for its payment. In January last it was again submitted to Congress by
+the Executive. It has received a favorable consideration by committees
+of both branches, but as yet there has been no final action upon it. I
+conceive that good faith requires its prompt adjustment, and I present
+it to your early and favorable consideration.
+
+Martin Koszta, a Hungarian by birth, came to this country in 1850, and
+declared his intention in due form of law to become a citizen of the
+United States. After remaining here nearly two years he visited Turkey.
+While at Smyrna he was forcibly seized, taken on board an Austrian brig
+of war then lying in the harbor of that place, and there confined in
+irons, with the avowed design to take him into the dominions of Austria.
+Our consul at Smyrna and legation at Constantinople interposed for
+his release, but their efforts were ineffectual. While thus in prison
+Commander Ingraham, with the United States ship of war _St. Louis_,
+arrived at Smyrna, and after inquiring into the circumstances of the
+case came to the conclusion that Koszta was entitled to the protection
+of this Government, and took energetic and prompt measures for his
+release. Under an arrangement between the agents of the United States
+and of Austria, he was transferred to the custody of the French
+consul-general at Smyrna, there to remain until he should be disposed of
+by the mutual agreement of the consuls of the respective Governments at
+that place. Pursuant to that agreement, he has been released, and is now
+in the United States. The Emperor of Austria has made the conduct of our
+officers who took part in this transaction a subject of grave complaint.
+Regarding Koszta as still his subject, and claiming a right to seize
+him within the limits of the Turkish Empire, he has demanded of this
+Government its consent to the surrender of the prisoner, a disavowal of
+the acts of its agents, and satisfaction for the alleged outrage. After
+a careful consideration of the case I came to the conclusion that Koszta
+was seized without legal authority at Smyrna; that he was wrongfully
+detained on board of the Austrian brig of war; that at the time of his
+seizure he was clothed with the nationality of the United States, and
+that the acts of our officers, under the circumstances of the case,
+were justifiable, and their conduct has been fully approved by me,
+and a compliance with the several demands of the Emperor of Austria has
+been declined.
+
+For a more full account of this transaction and my views in regard
+to it I refer to the correspondence between the chargé d'affaires of
+Austria and the Secretary of State, which is herewith transmitted. The
+principles and policy therein maintained on the part of the United
+States will, whenever a proper occasion occurs, be applied and enforced.
+
+The condition of China at this time renders it probable that some
+important changes will occur in that vast Empire which will lead to a
+more unrestricted intercourse with it. The commissioner to that country
+who has been recently appointed is instructed to avail himself of all
+occasions to open and extend our commercial relations, not only with the
+Empire of China, but with other Asiatic nations.
+
+In 1852 an expedition was sent to Japan, under the command of Commodore
+Perry, for the purpose of opening commercial intercourse with that
+Empire. Intelligence has been received of his arrival there and of his
+having made known to the Emperor of Japan the object of his visit. But
+it is not yet ascertained how far the Emperor will be disposed to
+abandon his restrictive policy and open that populous country to a
+commercial intercourse with the United States.
+
+It has been my earnest desire to maintain friendly intercourse with the
+Governments upon this continent and to aid them in preserving good
+understanding among themselves. With Mexico a dispute has arisen as
+to the true boundary line between our Territory of New Mexico and the
+Mexican State of Chihuahua. A former commissioner of the United States,
+employed in running that line pursuant to the treaty of Guadalupe
+Hidalgo, made a serious mistake in determining the initial point on
+the Rio Grande; but inasmuch as his decision was clearly a departure
+from the directions for tracing the boundary contained in that treaty,
+and was not concurred in by the surveyor appointed on the part of the
+United States, whose concurrence was necessary to give validity to that
+decision, this Government is not concluded thereby; but that of Mexico
+takes a different view of the subject.
+
+There are also other questions of considerable magnitude pending between
+the two Republics. Our minister in Mexico has ample instructions to
+adjust them. Negotiations have been opened, but sufficient progress has
+not been made therein to enable me to speak of the probable result.
+Impressed with the importance of maintaining amicable relations with
+that Republic and of yielding with liberality to all her just claims,
+it is reasonable to expect that an arrangement mutually satisfactory to
+both countries may be concluded and a lasting friendship between them
+confirmed and perpetuated.
+
+Congress having provided for a full mission to the States of Central
+America, a minister was sent thither in July last. As yet he has had
+time to visit only one of these States (Nicaragua), where he was
+received in the most friendly manner. It is hoped that his presence and
+good offices will have a benign effect in composing the dissensions
+which prevail among them, and in establishing still more intimate and
+friendly relations between them respectively and between each of them
+and the United States.
+
+Considering the vast regions of this continent and the number of states
+which would be made accessible by the free navigation of the river
+Amazon, particular attention has been given to this subject. Brazil,
+through whose territories it passes into the ocean, has hitherto
+persisted in a policy so restricted in regard to the use of this river
+as to obstruct and nearly exclude foreign commercial intercourse with
+the States which lie upon its tributaries and upper branches. Our
+minister to that country is instructed to obtain a relaxation of that
+policy and to use his efforts to induce the Brazilian Government to open
+to common use, under proper safeguards, this great natural highway for
+international trade. Several of the South American States are deeply
+interested in this attempt to secure the free navigation of the Amazon,
+and it is reasonable to expect their cooperation in the measure. As the
+advantages of free commercial intercourse among nations are better
+understood, more liberal views are generally entertained as to the
+common rights of all to the free use of those means which nature has
+provided for international communication. To these more liberal and
+enlightened views it is hoped that Brazil will conform her policy and
+remove all unnecessary restrictions upon the free use of a river which
+traverses so many states and so large a part of the continent. I am
+happy to inform you that the Republic of Paraguay and the Argentine
+Confederation have yielded to the liberal policy still resisted by
+Brazil in regard to the navigable rivers within their respective
+territories. Treaties embracing this subject, among others, have been
+negotiated with these Governments, which will be submitted to the Senate
+at the present session.
+
+A new branch of commerce, important to the agricultural interests of
+the United States, has within a few years past been opened with Peru.
+Notwithstanding the inexhaustible deposits of guano upon the islands of
+that country, considerable difficulties are experienced in obtaining the
+requisite supply. Measures have been taken to remove these difficulties
+and to secure a more abundant importation of the article. Unfortunately,
+there has been a serious collision between our citizens who have
+resorted to the Chincha Islands for it and the Peruvian authorities
+stationed there. Redress for the outrages committed by the latter was
+promptly demanded by our minister at Lima. This subject is now under
+consideration, and there is reason to believe that Peru is disposed to
+offer adequate indemnity to the aggrieved parties.
+
+We are thus not only at peace with all foreign countries, but, in regard
+to political affairs, are exempt from any cause of serious disquietude
+in our domestic relations.
+
+The controversies which have agitated the country heretofore are passing
+away with the causes which produced them and the passions which they had
+awakened; or, if any trace of them remains, it may be reasonably hoped
+that it will only be perceived in the zealous rivalry of all good
+citizens to testify their respect for the rights of the States, their
+devotion to the Union, and their common determination that each one of
+the States, its institutions, its welfare, and its domestic peace, shall
+be held alike secure under the sacred aegis of the Constitution.
+
+This new league of amity and of mutual confidence and support into which
+the people of the Republic have entered happily affords inducement and
+opportunity for the adoption of a more comprehensive and unembarrassed
+line of policy and action as to the great material interests of the
+country, whether regarded in themselves or in connection with the powers
+of the civilized world.
+
+The United States have continued gradually and steadily to expand
+through acquisitions of territory, which, how much soever some of them
+may have been questioned, are now universally seen and admitted to have
+been wise in policy, just in character, and a great element in the
+advancement of our country, and with it of the human race, in freedom,
+in prosperity, and in happiness. The thirteen States have grown to be
+thirty-one, with relations reaching to Europe on the one side and on the
+other to the distant realms of Asia.
+
+I am deeply sensible of the immense responsibility which the present
+magnitude of the Republic and the diversity and multiplicity of its
+interests devolves upon me, the alleviation of which, so far as relates
+to the immediate conduct of the public business, is, first, in my
+reliance on the wisdom and patriotism of the two Houses of Congress,
+and, secondly, in the directions afforded me by the principles of public
+polity affirmed by our fathers of the epoch of 1798, sanctioned by long
+experience, and consecrated anew by the overwhelming voice of the people
+of the United States.
+
+Recurring to these principles, which constitute the organic basis of
+union, we perceive that vast as are the functions and the duties of
+the Federal Government, vested in or intrusted to its three great
+departments--the legislative, executive, and judicial--yet the
+substantive power, the popular force, and the large capacities for
+social and material development exist in the respective States, which,
+all being of themselves well-constituted republics, as they preceded
+so they alone are capable of maintaining and perpetuating the American
+Union. The Federal Government has its appropriate line of action in the
+specific and limited powers conferred on it by the Constitution, chiefly
+as to those things in which the States have a common interest in their
+relations to one another and to foreign governments, while the great
+mass of interests which belong to cultivated men--the ordinary business
+of life, the springs of industry, all the diversified personal and
+domestic affairs of society--rest securely upon the general reserved
+powers of the people of the several States. There is the effective
+democracy of the nation, and there the vital essence of its being and
+its greatness.
+
+Of the practical consequences which flow from the nature of the Federal
+Government, the primary one is the duty of administering with integrity
+and fidelity the high trust reposed in it by the Constitution,
+especially in the application of the public funds as drawn by taxation
+from the people and appropriated to specific objects by Congress.
+
+Happily, I have no occasion to suggest any radical changes in the
+financial policy of the Government. Ours is almost, if not absolutely,
+the solitary power of Christendom having a surplus revenue drawn
+immediately from imposts on commerce, and therefore measured by the
+spontaneous enterprise and national prosperity of the country, with
+such indirect relation to agriculture, manufactures, and the products
+of the earth and sea as to violate no constitutional doctrine and yet
+vigorously promote the general welfare. Neither as to the sources of the
+public treasure nor as to the manner of keeping and managing it does any
+grave controversy now prevail, there being a general acquiescence in the
+wisdom of the present system.
+
+The report of the Secretary of the Treasury will exhibit in detail the
+state of the public finances and the condition of the various branches
+of the public service administered by that Department of the Government.
+
+The revenue of the country, levied almost insensibly to the taxpayer,
+goes on from year to year, increasing beyond either the interests or the
+prospective wants of the Government.
+
+At the close of the fiscal year ending June 30, 1852, there remained in
+the Treasury a balance of $14,632,136. The public revenue for the fiscal
+year ending June 30, 1853, amounted to $58,931,865 from customs and to
+$2,405,708 from public lands and other miscellaneous sources, amounting
+together to $61,337,574, while the public expenditures for the same
+period, exclusive of payments on account of the public debt, amounted
+to $43,554,262, leaving a balance of $32,425,447 of receipts above
+expenditures.
+
+This fact of increasing surplus in the Treasury became the subject of
+anxious consideration at a very early period of my Administration, and
+the path of duty in regard to it seemed to me obvious and clear, namely:
+First, to apply the surplus revenue to the discharge of the public debt
+so far as it could judiciously be done, and, secondly, to devise means
+for the gradual reduction of the revenue to the standard of the public
+exigencies.
+
+Of these objects the first has been in the course of accomplishment in
+a manner and to a degree highly satisfactory. The amount of the public
+debt of all classes was on the 4th of March, 1853, $69,190,037, payments
+on account of which have been made since that period to the amount of
+$12,703,329, leaving unpaid and in continuous course of liquidation the
+sum of $56,486,708. These payments, although made at the market price of
+the respective classes of stocks, have been effected readily and to the
+general advantage of the Treasury, and have at the same time proved of
+signal utility in the relief they have incidentally afforded to the
+money market and to the industrial and commercial pursuits of the
+country.
+
+The second of the above-mentioned objects, that of the reduction of the
+tariff, is of great importance, and the plan suggested by the Secretary
+of the Treasury, which is to reduce the duties on certain articles and
+to add to the free list many articles now taxed, and especially such as
+enter into manufactures and are not largely, or at all, produced in the
+country, is commended to your candid and careful consideration.
+
+You will find in the report of the Secretary of the Treasury, also,
+abundant proof of the entire adequacy of the present fiscal system
+to meet all the requirements of the public service, and that, while
+properly administered, it operates to the advantage of the community
+in ordinary business relations.
+
+I respectfully ask your attention to sundry suggestions of improvements
+in the settlement of accounts, especially as regards the large sums of
+outstanding arrears due to the Government, and of other reforms in the
+administrative action of his Department which are indicated by the
+Secretary; as also to the progress made in the construction of marine
+hospitals, custom-houses, and of a new mint in California and assay
+office in the city of New York, heretofore provided for by Congress, and
+also to the eminently successful progress of the Coast Survey and of the
+Light-House Board.
+
+Among the objects meriting your attention will be important
+recommendations from the Secretaries of War and Navy. I am fully
+satisfied that the Navy of the United States is not in a condition
+of strength and efficiency commensurate with the magnitude of our
+commercial and other interests, and commend to your especial attention
+the suggestions on this subject made by the Secretary of the Navy.
+I respectfully submit that the Army, which under our system must always
+be regarded with the highest interest as a nucleus around which the
+volunteer forces of the nation gather in the hour of danger, requires
+augmentation, or modification, to adapt it to the present extended
+limits and frontier relations of the country and the condition of the
+Indian tribes in the interior of the continent, the necessity of which
+will appear in the communications of the Secretaries of War and the
+Interior.
+
+In the administration of the Post-Office Department for the fiscal year
+ending June 30, 1853, the gross expenditure was $7,982,756, and the
+gross receipts during the same period $5,942,734, showing that the
+current revenue failed to meet the current expenses of the Department
+by the sum of $2,042,032. The causes which, under the present postal
+system and laws, led inevitably to this result are fully explained by
+the report of the Postmaster-General, one great cause being the enormous
+rates the Department has been compelled to pay for mail service rendered
+by railroad companies.
+
+The exhibit in the report of the Postmaster-General of the income and
+expenditures by mail steamers will be found peculiarly interesting and
+of a character to demand the immediate action of Congress.
+
+Numerous and flagrant frauds upon the Pension Bureau have been brought
+to light within the last year, and in some instances merited punishments
+inflicted; but, unfortunately, in others guilty parties have escaped,
+not through the want of sufficient evidence to warrant a conviction, but
+in consequence of the provisions of limitation in the existing laws.
+
+From the nature of these claims, the remoteness of the tribunals to pass
+upon them, and the mode in which the proof is of necessity furnished,
+temptations to crime have been greatly stimulated by the obvious
+difficulties of detection. The defects in the law upon this subject are
+so apparent and so fatal to the ends of justice that your early action
+relating to it is most desirable.
+
+During the last fiscal year 9,819,411 acres of the public lands have
+been surveyed and 10,363,891 acres brought into market. Within the
+same period the sales by public purchase and private entry amounted to
+1,083,495 acres; located under military bounty-land warrants, 6,142,360
+acres; located under other certificates, 9,427 acres; ceded to the
+States as swamp lands, 16,684,253 acres; selected for railroad and other
+objects under acts of Congress, 1,427,457 acres; total amount of lands
+disposed of within the fiscal year, 25,346,992 acres, which is an
+increase in quantity sold and located under land warrants and grants
+of 12,231,818 acres over the fiscal year immediately preceding. The
+quantity of land sold during the second and third quarters of 1852 was
+334,451 acres; the amount received therefor was $623,687. The quantity
+sold the second and third quarters of the year 1853 was 1,609,919 acres,
+and the amount received therefor $2,226,876.
+
+The whole number of land warrants issued under existing laws prior to
+the 30th of September last was 266,042, of which there were outstanding
+at that date 66,947. The quantity of land required to satisfy these
+outstanding warrants is 4,778,120 acres.
+
+Warrants have been issued to 30th of September last under the act
+of 11th February, 1847, calling for 12,879,280 acres, under acts of
+September 28, 1850, and March 22, 1852, calling for 12,505,360 acres,
+making a total of 25,384,640 acres.
+
+It is believed that experience has verified the wisdom and justice of
+the present system with regard to the public domain in most essential
+particulars.
+
+You will perceive from the report of the Secretary of the Interior that
+opinions which have often been expressed in relation to the operation of
+the land system as not being a source of revenue to the Federal Treasury
+were erroneous. The net profits from the sale of the public lands to
+June 30, 1853, amounted to the sum of $53,289,465.
+
+I recommend the extension of the land system over the Territories of
+Utah and New Mexico, with such modifications as their peculiarities may
+require.
+
+Regarding our public domain as chiefly valuable to provide homes for
+the industrious and enterprising, I am not prepared to recommend any
+essential change in the land system, except by modifications in favor
+of the actual settler and an extension of the preemption principle in
+certain cases, for reasons and on grounds which will be fully developed
+in the reports to be laid before you.
+
+Congress, representing the proprietors of the territorial domain and
+charged especially with power to dispose of territory belonging to
+the United States, has for a long course of years, beginning with the
+Administration of Mr. Jefferson, exercised the power to construct roads
+within the Territories, and there are so many and obvious distinctions
+between this exercise of power and that of making roads within the
+States that the former has never been considered subject to such
+objections as apply to the latter; and such may now be considered the
+settled construction of the power of the Federal Government upon the
+subject.
+
+Numerous applications have been and no doubt will continue to be made
+for grants of land in aid of the construction of railways. It is not
+believed to be within the intent and meaning of the Constitution that
+the power to dispose of the public domain should be used otherwise than
+might be expected from a prudent proprietor, and therefore that grants
+of land to aid in the construction of roads should be restricted to
+cases where it would be for the interest of a proprietor under like
+circumstances thus to contribute to the construction of these works.
+For the practical operation of such grants thus far in advancing the
+interests of the States in which the works are located, and at the same
+time the substantial interests of all the other States, by enhancing the
+value and promoting the rapid sale of the public domain, I refer you
+to the report of the Secretary of the Interior. A careful examination,
+however, will show that this experience is the result of a just
+discrimination and will be far from affording encouragement to a
+reckless or indiscriminate extension of the principle.
+
+I commend to your favorable consideration the men of genius of our
+country who by their inventions and discoveries in science and arts have
+contributed largely to the improvements of the age without, in many
+instances, securing for themselves anything like an adequate reward.
+For many interesting details upon this subject I refer you to the
+appropriate reports, and especially urge upon your early attention the
+apparently slight, but really important, modifications of existing laws
+therein suggested.
+
+The liberal spirit which has so long marked the action of Congress in
+relation to the District of Columbia will, I have no doubt, continue to
+be manifested.
+
+The erection of an asylum for the insane of the District of Columbia and
+of the Army and Navy of the United States has been somewhat retarded by
+the great demand for materials and labor during the past summer, but
+full preparation for the reception of patients before the return of
+another winter is anticipated; and there is the best reason to believe,
+from the plan and contemplated arrangements which have been devised,
+with the large experience furnished within the last few years in
+relation to the nature and treatment of the disease, that it will prove
+an asylum indeed to this most helpless and afflicted class of sufferers
+and stand as a noble monument of wisdom and mercy.
+
+Under the acts of Congress of August 31, 1852, and of March 3, 1853,
+designed to secure for the cities of Washington and Georgetown an
+abundant supply of good and wholesome water, it became my duty to
+examine the report and plans of the engineer who had charge of the
+surveys under the act first named. The best, if not the only, plan
+calculated to secure permanently the object sought was that which
+contemplates taking the water from the Great Falls of the Potomac,
+and consequently I gave to it my approval.
+
+For the progress and present condition of this important work and for
+its demands so far as appropriations are concerned I refer you to the
+report of the Secretary of War.
+
+The present judicial system of the United States has now been in
+operation for so long a period of time and has in its general theory and
+much of its details become so familiar to the country and acquired so
+entirely the public confidence that if modified in any respect it should
+only be in those particulars which may adapt it to the increased extent,
+population, and legal business of the United States. In this relation
+the organization of the courts is now confessedly inadequate to the
+duties to be performed by them, in consequence of which the States of
+Florida, Wisconsin, Iowa, Texas, and California, and districts of other
+States, are in effect excluded from the full benefits of the general
+system by the functions of the circuit court being devolved on the
+district judges in all those States or parts of States.
+
+The spirit of the Constitution and a due regard to justice require
+that all the States of the Union should be placed on the same footing
+in regard to the judicial tribunals. I therefore commend to your
+consideration this important subject, which in my judgment demands the
+speedy action of Congress. I will present to you, if deemed desirable,
+a plan which I am prepared to recommend for the enlargement and
+modification of the present judicial system.
+
+The act of Congress establishing the Smithsonian Institution provided
+that the President of the United States and other persons therein
+designated should constitute an "establishment" by that name, and that
+the members should hold stated and special meetings for the supervision
+of the affairs of the Institution. The organization not having taken
+place, it seemed to me proper that it should be effected without delay.
+This has been done; and an occasion was thereby presented for inspecting
+the condition of the Institution and appreciating its successful
+progress thus far and its high promise of great and general usefulness.
+
+I have omitted to ask your favorable consideration for the estimates of
+works of a local character in twenty-seven of the thirty-one States,
+amounting to $1,754,500, because, independently of the grounds which
+have so often been urged against the application of the Federal revenue
+for works of this character, inequality, with consequent injustice, is
+inherent in the nature of the proposition, and because the plan has
+proved entirely inadequate to the accomplishment of the objects sought.
+
+The subject of internal improvements, claiming alike the interest
+and good will of all, has, nevertheless, been the basis of much
+political discussion and has stood as a deep-graven line of division
+between statesmen of eminent ability and patriotism. The rule of strict
+construction of all powers delegated by the States to the General
+Government has arrayed itself from time to time against the rapid
+progress of expenditures from the National Treasury on works of a local
+character within the States. Memorable as an epoch in the history of
+this subject is the message of President Jackson of the 27th of May,
+1830, which met the system of internal improvements in its comparative
+infancy; but so rapid had been its growth that the projected
+appropriations in that year for works of this character had risen to
+the alarming amount of more than $100,000,000.
+
+In that message the President admitted the difficulty of bringing back
+the operations of the Government to the construction of the Constitution
+set up in 1798, and marked it as an admonitory proof of the necessity of
+guarding that instrument with sleepless vigilance against the authority
+of precedents which had not the sanction of its most plainly defined
+powers.
+
+Our Government exists under a written compact between sovereign States,
+uniting for specific objects and with specific grants to their general
+agent. If, then, in the progress of its administration there have been
+departures from the terms and intent of the compact, it is and will ever
+be proper to refer back to the fixed standard which our fathers left us
+and to make a stern effort to conform our action to it. It would seem
+that the fact of a principle having been resisted from the first by many
+of the wisest and most patriotic men of the Republic, and a policy
+having provoked constant strife without arriving at a conclusion which
+can be regarded as satisfactory to its most earnest advocates, should
+suggest the inquiry whether there may not be a plan likely to be crowned
+by happier results. Without perceiving any sound distinction or
+intending to assert any principle as opposed to improvements needed for
+the protection of internal commerce which does not equally apply to
+improvements upon the seaboard for the protection of foreign commerce,
+I submit to you whether it may not be safely anticipated that if the
+policy were once settled against appropriations by the General
+Government for local improvements for the benefit of commerce,
+localities requiring expenditures would not, by modes and means clearly
+legitimate and proper, raise the fund necessary for such constructions
+as the safety or other interests of their commerce might require.
+
+If that can be regarded as a system which in the experience of more than
+thirty years has at no time so commanded the public judgment as to give
+it the character of a settled policy; which, though it has produced some
+works of conceded importance, has been attended with an expenditure
+quite disproportionate to their value and has resulted in squandering
+large sums upon objects which have answered no valuable purpose, the
+interests of all the States require it to be abandoned unless hopes may
+be indulged for the future which find no warrant in the past.
+
+With an anxious desire for the completion of the works which are
+regarded by all good citizens with sincere interest, I have deemed it my
+duty to ask at your hands a deliberate reconsideration of the question,
+with a hope that, animated by a desire to promote the permanent and
+substantial interests of the country, your wisdom may prove equal to the
+task of devising and maturing a plan which, applied to this subject, may
+promise something better than constant strife, the suspension of the
+powers of local enterprise, the exciting of vain hopes, and the
+disappointment of cherished expectations.
+
+In expending the appropriations made by the last Congress several cases
+have arisen in relation to works for the improvement of harbors which
+involve questions as to the right of soil and jurisdiction, and have
+threatened conflict between the authority of the State and General
+Governments. The right to construct a breakwater, jetty, or dam would
+seem necessarily to carry with it the power to protect and preserve such
+constructions. This can only be effectually done by having jurisdiction
+over the soil. But no clause of the Constitution is found on which to
+rest the claim of the United States to exercise jurisdiction over the
+soil of a State except that conferred by the eighth section of the first
+article of the Constitution. It is, then, submitted whether, in all
+cases where constructions are to be erected by the General Government,
+the right of soil should not first be obtained and legislative provision
+be made to cover all such cases.
+
+For the progress made in the construction of roads within the
+Territories, as provided for in the appropriations of the last Congress,
+I refer you to the report of the Secretary of War.
+
+There is one subject of a domestic nature which, from its intrinsic
+importance and the many interesting questions of future policy which it
+involves, can not fail to receive your early attention. I allude to the
+means of communication by which different parts of the wide expanse of
+our country are to be placed in closer connection for purposes both
+of defense and commercial intercourse, and more especially such as
+appertain to the communication of those great divisions of the Union
+which lie on the opposite sides of the Rocky Mountains.
+
+That the Government has not been unmindful of this heretofore is
+apparent from the aid it has afforded through appropriations for mail
+facilities and other purposes. But the general subject will now present
+itself under aspects more imposing and more purely national by reason of
+the surveys ordered by Congress, and now in the process of completion,
+for communication by railway across the continent, and wholly within the
+limits of the United States.
+
+The power to declare war, to raise and support armies, to provide and
+maintain a navy, and to call forth the militia to execute the laws,
+suppress insurrections, and repel invasions was conferred upon Congress
+as means to provide for the common defense and to protect a territory
+and a population now widespread and vastly multiplied. As incidental to
+and indispensable for the exercise of this power, it must sometimes be
+necessary to construct military roads and protect harbors of refuge.
+To appropriations by Congress for such objects no sound objection can
+be raised. Happily for our country, its peaceful policy and rapidly
+increasing population impose upon us no urgent necessity for
+preparation, and leave but few trackless deserts between assailable
+points and a patriotic people ever ready and generally able to protect
+them. These necessary links the enterprise and energy of our people are
+steadily and boldly struggling to supply. All experience affirms that
+wherever private enterprise will avail it is most wise for the General
+Government to leave to that and individual watchfulness the location and
+execution of all means of communication.
+
+The surveys before alluded to were designed to ascertain the most
+practicable and economical route for a railroad from the river
+Mississippi to the Pacific Ocean. Parties are now in the field making
+explorations, where previous examinations had not supplied sufficient
+data and where there was the best reason to hope the object sought might
+be found. The means and time being both limited, it is not to be
+expected that all the accurate knowledge desired will be obtained, but
+it is hoped that much and important information will be added to the
+stock previously possessed, and that partial, if not full, reports of
+the surveys ordered will be received in time for transmission to the two
+Houses of Congress on or before the first Monday in February next, as
+required by the act of appropriation. The magnitude of the enterprise
+contemplated has aroused and will doubtless continue to excite a
+very general interest throughout the country. In its political, its
+commercial, and its military bearings it has varied, great, and
+increasing claims to consideration. The heavy expense, the great delay,
+and, at times, fatality attending travel by either of the Isthmus routes
+have demonstrated the advantage which would result from interterritorial
+communication by such safe and rapid means as a railroad would supply.
+
+These difficulties, which have been encountered in a period of peace,
+would be magnified and still further increased in time of war. But
+whilst the embarrassments already encountered and others under new
+contingencies to be anticipated may serve strikingly to exhibit the
+importance of such a work, neither these nor all considerations combined
+can have an appreciable value when weighed against the obligation
+strictly to adhere to the Constitution and faithfully to execute the
+powers it confers.
+
+Within this limit and to the extent of the interest of the Government
+involved it would seem both expedient and proper if an economical and
+practicable route shall be found to aid by all constitutional means
+in the construction of a road which will unite by speedy transit the
+populations of the Pacific and Atlantic States. To guard against
+misconception, it should be remarked that although the power to
+construct or aid in the construction of a road within the limits of
+a Territory is not embarrassed by that question of jurisdiction which
+would arise within the limits of a State, it is, nevertheless, held
+to be of doubtful power and more than doubtful propriety, even within
+the limits of a Territory, for the General Government to undertake
+to administer the affairs of a railroad, a canal, or other similar
+construction, and therefore that its connection with a work of this
+character should be incidental rather than primary. I will only add
+at present that, fully appreciating the magnitude of the subject and
+solicitous that the Atlantic and Pacific shores of the Republic may be
+bound together by inseparable ties of common interest, as well as of
+common fealty and attachment to the Union, I shall be disposed, so far
+as my own action is concerned, to follow the lights of the Constitution
+as expounded and illustrated by those whose opinions and expositions
+constitute the standard of my political faith in regard to the powers
+of the Federal Government. It is, I trust, not necessary to say that
+no grandeur of enterprise and no present urgent inducement promising
+popular favor will lead me to disregard those lights or to depart from
+that path which experience has proved to be safe, and which is now
+radiant with the glow of prosperity and legitimate constitutional
+progress. We can afford to wait, but we can not afford to overlook
+the ark of our security.
+
+It is no part of my purpose to give prominence to any subject which may
+properly be regarded as set at rest by the deliberate judgment of the
+people. But while the present is bright with promise and the future full
+of demand and inducement for the exercise of active intelligence, the
+past can never be without useful lessons of admonition and instruction.
+If its dangers serve not as beacons, they will evidently fail to fulfill
+the object of a wise design. When the grave shall have closed over
+all who are now endeavoring to meet the obligations of duty, the year
+1850 will be recurred to as a period filled with anxious apprehension.
+A successful war had just terminated. Peace brought with it a vast
+augmentation of territory. Disturbing questions arose bearing upon the
+domestic institutions of one portion of the Confederacy and involving
+the constitutional rights of the States. But notwithstanding differences
+of opinion and sentiment which then existed in relation to details and
+specific provisions, the acquiescence of distinguished citizens, whose
+devotion to the Union can never be doubted, has given renewed vigor to
+our institutions and restored a sense of repose and security to the
+public mind throughout the Confederacy. That this repose is to suffer
+no shock during my official term, if I have power to avert it, those
+who placed me here may be assured. The wisdom of men who knew what
+independence cost, who had put all at stake upon the issue of the
+Revolutionary struggle, disposed of the subject to which I refer in the
+only way consistent with the Union of these States and with the march of
+power and prosperity which has made us what we are. It is a significant
+fact that from the adoption of the Constitution until the officers and
+soldiers of the Revolution had passed to their graves, or, through the
+infirmities of age and wounds, had ceased to participate actively in
+public affairs, there was not merely a quiet acquiescence in, but a
+prompt vindication of, the constitutional rights of the States. The
+reserved powers were scrupulously respected. No statesman put forth the
+narrow views of casuists to justify interference and agitation, but
+the spirit of the compact was regarded as sacred in the eye of honor
+and indispensable for the great experiment of civil liberty, which,
+environed by inherent difficulties, was yet borne forward in apparent
+weakness by a power superior to all obstacles. There is no condemnation
+which the voice of freedom will not pronounce upon us should we prove
+faithless to this great trust. While men inhabiting different parts of
+this vast continent can no more be expected to hold the same opinions or
+entertain the same sentiments than every variety of climate or soil can
+be expected to furnish the same agricultural products, they can unite
+in a common object and sustain common principles essential to the
+maintenance of that object. The gallant men of the South and the North
+could stand together during the struggle of the Revolution; they could
+stand together in the more trying period which succeeded the clangor of
+arms. As their united valor was adequate to all the trials of the camp
+and dangers of the field, so their united wisdom proved equal to the
+greater task of founding upon a deep and broad basis institutions which
+it has been our privilege to enjoy and will ever be our most sacred
+duty to sustain. It is but the feeble expression of a faith strong and
+universal to say that their sons, whose blood mingled so often upon the
+same field during the War of 1812 and who have more recently borne in
+triumph the flag of the country upon a foreign soil, will never permit
+alienation of feeling to weaken the power of their united efforts nor
+internal dissensions to paralyze the great arm of freedom, uplifted for
+the vindication of self-government.
+
+I have thus briefly presented such suggestions as seem to me especially
+worthy of your consideration. In providing for the present you can
+hardly fail to avail yourselves of the light which the experience of the
+past casts upon the future.
+
+The growth of our population has now brought us, in the destined career
+of our national history, to a point at which it well behooves us to
+expand our vision over the vast prospective.
+
+The successive decennial returns of the census since the adoption of the
+Constitution have revealed a law of steady, progressive development,
+which may be stated in general terms as a duplication every quarter
+century. Carried forward from the point already reached for only a short
+period of time, as applicable to the existence of a nation, this law of
+progress, if unchecked, will bring us to almost incredible results.
+A large allowance for a diminished proportional effect of emigration
+would not very materially reduce the estimate, while the increased
+average duration of human life known to have already resulted from the
+scientific and hygienic improvements of the past fifty years will tend
+to keep up through the next fifty, or perhaps hundred, the same ratio
+of growth which has been thus revealed in our past progress; and to the
+influence of these causes may be added the influx of laboring masses
+from eastern Asia to the Pacific side of our possessions, together
+with the probable accession of the populations already existing in
+other parts of our hemisphere, which within the period in question will
+feel with yearly increasing force the natural attraction of so vast,
+powerful, and prosperous a confederation of self-governing republics and
+will seek the privilege of being admitted within its safe and happy
+bosom, transferring with themselves, by a peaceful and healthy process
+of incorporation, spacious regions of virgin and exuberant soil, which
+are destined to swarm with the fast-growing and fast-spreading millions
+of our race.
+
+These considerations seem fully to justify the presumption that
+the law of population above stated will continue to act with
+undiminished effect through at least the next half century, and that
+thousands of persons who have already arrived at maturity and are now
+exercising the rights of freemen will close their eyes on the spectacle
+of more than 100,000,000 of population embraced within the majestic
+proportions of the American Union. It is not merely as an interesting
+topic of speculation that I present these views for your consideration.
+They have important practical bearings upon all the political duties we
+are called upon to perform. Heretofore our system of government has
+worked on what may be termed a miniature scale in comparison with the
+development which it must thus assume within a future so near at hand
+as scarcely to be beyond the present of the existing generation.
+
+It is evident that a confederation so vast and so varied, both in
+numbers and in territorial extent, in habits and in interests, could
+only be kept in national cohesion by the strictest fidelity to the
+principles of the Constitution as understood by those who have adhered
+to the most restricted construction of the powers granted by the people
+and the States. Interpreted and applied according to those principles,
+the great compact adapts itself with healthy ease and freedom to an
+unlimited extension of that benign system of federative self-government
+of which it is our glorious and, I trust, immortal charter. Let us,
+then, with redoubled vigilance, be on our guard against yielding to the
+temptation of the exercise of doubtful powers, even under the pressure
+of the motives of conceded temporary advantage and apparent temporary
+expediency.
+
+The minimum of Federal government compatible with the maintenance of
+national unity and efficient action in our relations with the rest of
+the world should afford the rule and measure of construction of our
+powers under the general clauses of the Constitution. A spirit of strict
+deference to the sovereign rights and dignity of every State, rather
+than a disposition to subordinate the States into a provincial relation
+to the central authority, should characterize all our exercise of the
+respective powers temporarily vested in us as a sacred trust from the
+generous confidence of our constituents.
+
+In like manner, as a manifestly indispensable condition of the
+perpetuation of the Union and of the realization of that magnificent
+national future adverted to, does the duty become yearly stronger and
+clearer upon us, as citizens of the several States, to cultivate a
+fraternal and affectionate spirit, language, and conduct in regard to
+other States and in relation to the varied interests, institutions, and
+habits of sentiment and opinion which may respectively characterize
+them. Mutual forbearance, respect, and noninterference in our personal
+action as citizens and an enlarged exercise of the most liberal
+principles of comity in the public dealings of State with State, whether
+in legislation or in the execution of laws, are the means to perpetuate
+that confidence and fraternity the decay of which a mere political
+union, on so vast a scale, could not long survive.
+
+In still another point of view is an important practical duty suggested
+by this consideration of the magnitude of dimensions to which our
+political system, with its corresponding machinery of government,
+is so rapidly expanding. With increased vigilance does it require us
+to cultivate the cardinal virtues of public frugality and official
+integrity and purity. Public affairs ought to be so conducted that a
+settled conviction shall pervade the entire Union that nothing short of
+the highest tone and standard of public morality marks every part of
+the administration and legislation of the General Government. Thus will
+the federal system, whatever expansion time and progress may give it,
+continue more and more deeply rooted in the love and confidence of the
+people.
+
+That wise economy which is as far removed from parsimony as from corrupt
+and corrupting extravagance; that single regard for the public good
+which will frown upon all attempts to approach the Treasury with
+insidious projects of private interest cloaked under public pretexts;
+that sound fiscal administration which, in the legislative department,
+guards against the dangerous temptations incident to overflowing
+revenue, and, in the executive, maintains an unsleeping watchfulness
+against the tendency of all national expenditure to extravagance, while
+they are admitted elementary political duties, may, I trust, be deemed
+as properly adverted to and urged in view of the more impressive sense
+of that necessity which is directly suggested by the considerations now
+presented.
+
+Since the adjournment of Congress the Vice-President of the United
+States has passed from the scenes of earth, without having entered upon
+the duties of the station to which he had been called by the voice of
+his countrymen. Having occupied almost continuously for more than thirty
+years a seat in one or the other of the two Houses of Congress, and
+having by his singular purity and wisdom secured unbounded confidence
+and universal respect, his failing health was watched by the nation
+with painful solicitude. His loss to the country, under all the
+circumstances, has been justly regarded as irreparable.
+
+In compliance with the act of Congress of March 2, 1853, the oath of
+office was administered to him on the 24th of that month at Ariadne
+estate, near Matanzas, in the island of Cuba; but his strength gradually
+declined, and was hardly sufficient to enable him to return to his home
+in Alabama, where, on the 18th day of April, in the most calm and
+peaceful way, his long and eminently useful career was terminated.
+
+Entertaining unlimited confidence in your intelligent and patriotic
+devotion to the public interest, and being conscious of no motives on
+my part which are not inseparable from the honor and advancement of my
+country, I hope it may be my privilege to deserve and secure not only
+your cordial cooperation in great public measures, but also those
+relations of mutual confidence and regard which it is always so
+desirable to cultivate between members of coordinate branches of the
+Government.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 12, 1853_.
+
+_To the Senate of the United States_:
+
+In answer to the resolutions of the Senate of the 17th of August, 1852,
+and 23d of February last, requesting a copy of correspondence relative
+to the claim on the Government of Portugal in the case of the brig
+_General Armstrong_, I transmit a report from the Secretary of State,
+to whose Department the resolutions were referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_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 Paraguay, concluded on the 4th of March last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_To the Senate of the United States_:
+
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty for the free navigation of the rivers Parana and
+Uruguay between the United States and the Argentine Confederation,
+concluded on the 10th of July last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_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 Argentine Confederation, concluded on the 27th
+of July last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_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 extradition of fugitives
+from justice in certain cases, concluded at London on the 12th day of
+September last between the Government of the United States and the
+Kingdom of Bavaria.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 19, 1853_.
+
+_To the Senate of the United States_:
+
+
+I transmit certain documents in answer to the resolution of the Senate
+of the 6th of April ultimo, requesting information in regard to
+transactions between Captain Hollins, of the _Cyane_, and the
+authorities at San Juan de Nicaragua.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 23, 1853_.
+
+_To the Senate of the United States_:
+
+
+In answer to the resolution of the Senate of the 18th January, 1853,
+in regard to the claims of American citizens against Hayti and to the
+correspondence of the special agent sent to Hayti and St. Domingo in
+1849, I transmit a report from the Secretary of State and the documents
+by which it is accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 31, 1853_.
+
+_To the Senate of the United States_:
+
+
+I transmit to the Senate a report from the Secretary of State, with
+accompanying papers,[1] in answer to their resolution of the 12th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 1: Correspondence relative to the treaty of Wathington of July
+4, 1850, between Great Britain and the United States]
+
+
+
+WASHINGTON CITY, _January 9, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate a letter from the Secretary of the
+Interior, accompanied by a report of the result of an investigation of
+the charge of fraud and misconduct in office alleged against Alexander
+Ramsey, superintendent of Indian affairs in Minnesota, which I have
+caused to be made in compliance with the Senate's resolution of the 5th
+of April last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 9, 1854_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 3d
+of January, 1854, I have the honor to transmit herewith a letter of the
+Secretary of the Navy and the papers[2] accompanying it.
+
+FRANKLIN PIERCE.
+
+[Footnote 2: Correspondence with and orders to commanders of vessels or
+squadrons on the Atlantic coast of British North America relative to
+protecting the rights of fishing and navigation secured to citizens of
+the United States under treaties with Great Britain.]
+
+
+
+WASHINGTON, _January 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[3] in compliance with the resolution of the
+House of Representatives of the 3d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 3: Relating to seizure and imprisonment by Spanish authorities
+at Puerto Rico of officers and crew of schooner _North Carolina_.]
+
+
+
+WASHINGTON, _January 23, 1854_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report of the Secretary of State, together with
+the set of works illustrative of the exhibition in London of 1851 to
+which it refers, in order that such disposal may be made of them as may
+be deemed advisable.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 25, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[4] in compliance with a resolution of the Senate
+of the 23d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 4: Relating to a complimentary mission to the United States of
+Archbishop Gaetano Bedini, apostolic nuncio to the Empire of Brazil, for
+the purpose of conveying, in the name of Pope Pius IX, sentiments of
+regard for the President of the United States.]
+
+
+
+WASHINGTON, _February 2, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[5] in compliance with the resolution of the
+House of Representatives of the 30th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 5: Correspondence with the American charge to Austria relative
+to the claim of Simon Tousig to the protection of the United States.]
+
+
+
+EXECUTIVE OFFICE, _February 4, 1854_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate herewith, for their constitutional action
+thereon, a treaty negotiated on the 27th of July, 1853, by Agent Thomas
+Fitzpatrick, on behalf of the United States, with the Comanche, Kiowa,
+and Apache Indians inhabiting the territory on the Arkansas River.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE, _February 4, 1854_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate herewith, for their constitutional action
+thereon, two treaties, one negotiated on the 10th day of September,
+1853, by Superintendent Joel Palmer and Agent Samuel H. Culver, on the
+part of the United States, and the chiefs and headmen of the bands of
+the Rogue River tribe of Indians in Oregon; the other negotiated on
+the 19th of the same month, on behalf of the Government by the said
+superintendent, with the chiefs of the Crow Creek band of Umpqua Indians
+in said Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 6, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State upon the subject of the
+resolution[6] of the House of Representatives of the 14th of December
+last, and recommend that the appropriation therein suggested as being
+necessary to enable him to comply with the resolution be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 6: Requesting a statement of the privileges and restrictions
+of the commercial intercourse of the United States with foreign nations
+and a comparative statement between the tariff of the United States and
+other nations.]
+
+
+
+WASHINGTON, _February 10, 1854_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit a communication from the Secretary of the Navy,
+accompanied by the second 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 Lardner Gibbon under instructions from the
+Navy Department.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 10th, 1854_.
+
+_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 Mexican
+Republic, signed by the plenipotentiaries of the parties in the City of
+Mexico on the 30th of December last. Certain amendments are proposed to
+the instrument, as hereinafter specified, viz:
+
+In order to make the duties and obligations stipulated in the second
+article reciprocal, it is proposed to add to that article the following:
+
+
+ And the Government of Mexico agrees that the stipulations contained in
+ this article to be performed by the United States shall be reciprocal,
+ and Mexico shall be under like obligations to the United States and the
+ citizens thereof as those hereinabove imposed on the latter in favor of
+ the Republic of Mexico and Mexican citizens.
+
+
+It is also recommended that for the third article of the original treaty
+the following shall be adopted as a substitute:
+
+
+ In consideration of the grants received by the United States and the
+ obligations relinquished by the Mexican Republic pursuant to this
+ treaty, the former agree to pay to the latter the sum of $15,000,000
+ in gold or silver coin at the Treasury at Washington, one-fifth of
+ the amount on the exchange of ratifications of the present treaty at
+ Washington and the remaining four-fifths in monthly installments of
+ three millions each, with interest at the rate of 6 per cent per annum
+ until the whole be paid, the Government of the United States reserving
+ the right to pay up the whole sum of fifteen millions at an earlier
+ date, as may be to it convenient.
+
+ The United States also agree to assume all the claims of their citizens
+ against the Mexican Republic which may have arisen under treaty or
+ the law of nations since the date of the signature of the treaty of
+ Guadalupe, and the Mexican Republic agrees to exonerate the United
+ States of America from all claims of Mexico or Mexican citizens which
+ may have arisen under treaty or the law of nations since the date of
+ the treaty of Guadalupe, so that each Government, in the most formal
+ and effective manner, shall be exempted and exonerated of all such
+ obligations to each other respectively.
+
+
+I also recommend that the eighth article be modified by striking out all
+after the word "attempts" in the twenty-third line of that article. The
+part to be omitted is as follows:
+
+
+ They mutually and especially obligate themselves, in all cases of such
+ lawless enterprises which may not have been prevented through the civil
+ authorities before formation, to aid with the naval and military forces,
+ on due notice being given by the aggrieved party of the aggressions of
+ the citizens and subjects of the other, so that the lawless adventurers
+ may be pursued and overtaken on the high seas, their elements of war
+ destroyed, and the deluded captives held responsible in their persons
+ and meet with the merited retribution inflicted by the laws of nations
+ against all such disturbers of the peace and happiness of contiguous and
+ friendly powers. It being understood that in all cases of successful
+ pursuit and capture the delinquents so captured shall be judged and
+ punished by the government of that nation to which the vessel capturing
+ them may belong, conformably to the laws of each nation.
+
+
+At the close of the instrument it will also be advisable to substitute
+"seventy-eighth" for "seventy-seventh" year of the Independence of the
+United States.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 13, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention for the
+establishment of international copyright, which was concluded at
+Washington on the 17th of February, 1853, between the United States of
+America and Her Britannic Majesty, extending the time limited in that
+convention for the exchange of the ratifications of the same.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 23, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report from the Secretary of State and the
+documents[7] therein referred to, in compliance with the resolution of
+the Senate of the 13th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 7: Relating to the repair of the United States frigate
+_Susquehanna_ at Rio de Janeiro.]
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, with
+accompanying documents,[8] in compliance with their resolution of the 2d
+ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 8: Communications from the American legation at Constantinople
+respecting the seizure of Martin Koszta by Austrian authorities at
+Smyrna.]
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the House of Representatives_:
+
+In accordance with the resolution of the House of Representatives of
+the 13th instant, requesting information respecting negotiations with
+Peru for the removal of restrictions upon the exportation of guano,
+I transmit herewith a report from the Secretary of State, with the
+correspondence therein referred to.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives
+of the 23d January last, "that the President of the United States
+be respectfully requested to furnish this House with copies of all
+contracts made by and correspondence subsequently with the Chief of
+the Bureau of Topographical Engineers for furnishing materials of wood
+and stone for improving the harbors and rivers on Lake Michigan, under
+and by virtue of the act making appropriations for the improvement of
+certain harbors and rivers," approved August 30, 1852, I transmit
+a letter of the Secretary of War submitting a report of the Colonel
+of Topographical Engineers inclosing copies of the contracts and
+correspondence called for.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 7th of December last,
+requesting me to present to the Senate the plan referred to in my annual
+message to Congress, and recommended therein, for the enlargement and
+modification of the present judicial system of the United States,
+I transmit a report from the Attorney-General, to whom the resolution
+was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report of the Attorney-General, in answer to
+the resolutions of the House of the 22d of December, requesting me to
+communicate to the House the plan for the modification and enlargement
+of the judicial system of the United States, recommended in my annual
+message to Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 7, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State and the
+documents[9] therein referred to, in answer to the resolution of the
+Senate of the 26th March, 1853.
+
+FRANKLIN PIERCE.
+
+[Footnote 9: Correspondence with R.C. Schenck, United States minister to
+Brazil, relative to the African slave trade.]
+
+
+
+WASHINGTON, _March 7, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State and the
+documents[10] therein referred to, in answer to the resolution of the
+Senate in executive session of the 3d January, 1854.
+
+FRANKLIN PIERCE.
+
+[Footnote 10: Correspondence with the Mexican Republic touching the
+eleventh article of the treaty of Guadalupe Hidalgo, and copies of
+instructions on that subject to the United States minister to Mexico.]
+
+
+
+WASHINGTON, _March 11, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a report of the Secretary of State,
+with accompanying documents,[11] in compliance with their resolution of
+the 9th of March, 1853.
+
+FRANKLIN PIERCE.
+
+[Footnote 11: Correspondence relative to the imprisonment, etc., of James
+H. West in the island of Cuba.]
+
+
+
+WASHINGTON, _March 14, 1854_.
+
+_To the Senate of the United States_:
+
+In transmitting to the Senate the report of the Secretary of
+State, together with the documents therein referred to, being the
+correspondence called for by the resolution of that body of the 9th of
+January last, I deem it proper to state briefly the reasons which have
+deterred me from sending to the Senate for ratification the proposed
+convention between the United States of America and the United Mexican
+States, concluded by the respective plenipotentiaries of the two
+Governments on the 21st day of March, 1853, on the subject of a transit
+way across the Isthmus of Tehuantepec.
+
+Without adverting to the want of authority on the part of the American
+minister to conclude any such convention, or to the action of this
+Government in relation to the rights of certain of its citizens under
+the grant for a like object originally made to Josè Garay, the
+objections to it upon its face are numerous, and should, in my judgment,
+be regarded as conclusive.
+
+Prominent among these objections is the fact that the convention binds
+us to a foreign Government, to guarantee the contract of a private
+company with that Government for the construction of the contemplated
+transit way, "to protect the persons engaged and property employed in
+the construction of the said work from the commencement thereof to
+its completion against all confiscation, spoliation, or violence of
+whatsoever nature," and to guarantee the entire security of the capital
+invested therein during the continuance of the contract. Such is the
+substance of the second and third articles.
+
+Hence it will be perceived that the obligations which this Government is
+asked to assume are not to terminate in a few years, or even with the
+present generation.
+
+And again: "If the regulations which may be prescribed concerning the
+traffic on said transit way shall be clearly contrary to the spirit and
+intention of this convention," even then this Government is not to be at
+liberty to withdraw its "protection and guaranty" without first giving
+one year's notice to the Mexican Government.
+
+When the fact is duly considered that the responsibility of this
+Government is thus pledged for a long series of years to the interests
+of a private company established for purposes of internal improvement,
+in a foreign country, and that country peculiarly subject to civil wars
+and other public vicissitudes, it will be seen how comprehensive and
+embarrassing would be those engagements to the Government of the United
+States.
+
+Not less important than this objection is the consideration that the
+United States can not agree to the terms of this convention without
+disregarding the provisions of the eighth article of the convention
+which this Government entered into with Great Britain on April 19, 1850,
+which expressly includes any interoceanic communication whatever by the
+Isthmus of Tehuantepec. However inconvenient may be the conditions of
+that convention, still they exist, and the obligations of good faith
+rest alike upon the United States and Great Britain.
+
+Without enlarging upon these and other questionable features of the
+proposed convention which will suggest themselves to your minds, I will
+only add that after the most careful consideration I have deemed it my
+duty not to ask for its ratification by the Senate.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 15, 1854_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+10th instant, I herewith transmit a report of the Secretary of State,
+containing all the information received at the Department in relation to
+the seizure of the _Black Warrior_ at Havana on the 28th ultimo.
+
+There have been in the course of a few years past many other instances
+of aggression upon our commerce, violations of the rights of American
+citizens, and insults to the national flag by the Spanish authorities in
+Cuba, and all attempts to obtain redress have led to protracted, and as
+yet fruitless, negotiations.
+
+The documents in these cases are voluminous, and when prepared will be
+sent to Congress.
+
+Those now transmitted relate exclusively to the seizure of the _Black
+Warrior_, and present so clear a case of wrong that it would be
+reasonable to expect full indemnity therefor as soon as this
+unjustifiable and offensive conduct shall be made known to Her Catholic
+Majesty's Government; but similar expectations in other cases have not
+been realized.
+
+The offending party is at our doors with large powers for aggression,
+but none, it is alleged, for reparation. The source of redress is in
+another hemisphere, and the answers to our just complaints made to the
+home Government are but the repetition of excuses rendered by inferior
+officials to their superiors in reply to representations of misconduct.
+The peculiar situation of the parties has undoubtedly much aggravated
+the annoyances and injuries which our citizens have suffered from the
+Cuban authorities, and Spain does not seem to appreciate to its full
+extent her responsibility for the conduct of these authorities. In
+giving very extraordinary powers to them she owes it to justice and
+to her friendly relations with this Government to guard with great
+vigilance against the exorbitant exercise of these powers, and in case
+of injuries to provide for prompt redress.
+
+I have already taken measures to present to the Government of Spain the
+wanton injury of the Cuban authorities in the detention and seizure of
+the _Black Warrior_, and to demand immediate indemnity for the injury
+which has thereby resulted to our citizens.
+
+In view of the position of the island of Cuba, its proximity to our
+coast, the relations which it must ever bear to our commercial and
+other interests, it is vain to expect that a series of unfriendly
+acts infringing our commercial rights and the adoption of a policy
+threatening the honor and security of these States can long consist
+with peaceful relations.
+
+In case the measures taken for amicable adjustment of our difficulties
+with Spain should, unfortunately, fail, I shall not hesitate to use the
+authority and means which Congress may grant to insure the observance of
+our just rights, to obtain redress for injuries received, and to
+vindicate the honor of our flag.
+
+In anticipation of that contingency, which I earnestly hope may not
+arise, I suggest to Congress the propriety of adopting such provisional
+measures as the exigency may seem to demand.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, March 17, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action, two
+treaties recently negotiated by the Commissioner of Indian Affairs, as
+commissioner on the part of the United States, with the delegates now at
+the seat of Government representing the confederated tribes of Otoes and
+Missourias and the Omaha Indians, for the extinguishment of their titles
+to lands west of the Missouri River.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, March 18. 1854_.
+
+Hon. LINN BOYD,
+
+_Speaker of the House of Representatives_.
+
+SIR: I transmit to you herewith a report of the present date from the
+Secretary of the Interior, accompanied by a tabular statement containing
+the information[12] called for by resolution of the House of
+Representatives adopted the 13th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 12: Area of each State and Territory; extent of the public
+domain remaining in each State and Territory, and the extent alienated
+by sales, grants, etc.]
+
+
+
+WASHINGTON, _March 21, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 15th instant, adopted
+in executive session, I transmit confidentially a report from the
+Secretary of State and the documents[13] by which it was accompanied.
+Pursuant to the suggestion in the report, it is desirable that such of
+the papers as may be originals should be returned to the Department of
+State.
+
+FRANKLIN PIERCE.
+
+[Footnote 13: Instructions and correspondence relative to the negotiation
+of the treaty with Mexico of December 30, 1853, etc.]
+
+
+
+EXECUTIVE OFFICE,
+
+_March 25, 1854_.
+
+Hon. LENN BOYD,
+
+_Speaker of the House of Representatives_:
+
+I communicate to the House of Representatives herewith a report from the
+Secretary of the Interior, dated the 24th instant, containing so much of
+the information called for by the resolution of the 17th instant as it
+is practicable or compatible with the public interest to furnish at
+the present time, respecting the proceedings which have been had and
+negotiations entered into for the extinguishment of the Indian titles
+to lands west of the States of Missouri and Iowa.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 29, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 21st instant, adopted
+in executive session, relative to the claims of the Mexican Government
+and of citizens of the Mexican Republic on this Government, and of
+citizens of the United States on the Government of that Republic, I
+transmit a report from the Secretary of State, to whom the resolution
+was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 31, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 13th instant,
+requesting a confidential communication of information touching the
+expedition under the authority of this Government for the purpose of
+opening trade with Japan, I transmit a report from the Secretary of
+State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, D.C., _April 1, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of State in reply to the
+resolution of the Senate of the 27th ultimo.
+
+That part of the document which purports to recite my official
+instructions is strictly correct; that which is avowedly unofficial and
+unauthorized, it can hardly be necessary for me to say, in view of the
+documents already before the Senate, does not convey a correct
+impression of my "views and wishes."
+
+At no time after an intention was entertained of sending Mr. Ward as
+special agent to Mexico was either the Garay grant or the convention
+entered into by Mr. Conkling alluded to otherwise than as subjects which
+might embarrass the negotiation of the treaty, and were consequently not
+included in the instructions.
+
+While the departure of Mr. Ward, under any circumstances or in any
+respect, from the instructions committed to him is a matter of regret,
+it is just to say that, although he failed to convey in his letter to
+General Gadsden the correct import of remarks made by me anterior to his
+appointment as special agent, I impute to him no design of
+misrepresentation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report of the Secretary of State, with
+accompanying documents,[14] in compliance with their resolution of
+the 14th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 14: Correspondence relative to the seizure of Martin Koszta
+by Austrian authorities at Smyrna.]
+
+
+
+WASHINGTON, _April 5, 1854_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith to the House of Representatives a report of the
+Secretary of State, with accompanying documents,[15] in further compliance
+with their resolution of the 10th of March, 1854.
+
+FRANKLIN PIERCE.
+
+[Footnote 15: Relating to violations of the rights of American citizens
+by Spanish authorities and their refusal to allow United States vessels
+to enter ports of Cuba, etc.]
+
+
+
+WASHINGTON, _April 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[16] from the Secretary of State, in answer
+to the resolution of the Senate in executive session of the 3d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 16: Relating to expeditions organized in California for the
+invasion of Sonora, Mexico.]
+
+
+
+WASHINGTON, _April 8, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith to the House of Representatives a report[17] of the
+Secretary of State, in answer to their resolution of the 3d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 17: Stating that the correspondence relative to the refusal
+by the authorities of Cuba to permit the United States mail steamer
+_Crescent City_ to land mail and passengers at Havana had been
+transmitted with the message to the House of April 5, 1854.]
+
+
+
+WASHINGTON, _April 10, 1854_
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a communication from the Secretary
+of the Interior, accompanied by the articles of a convention recently
+entered into for an exchange of country for the future residence of the
+Winnebago Indians, and recommend their ratification with the amendment
+suggested by the Secretary of the Interior.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 11, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[18] from the Secretary of State, in reply
+to the Senate's resolution of yesterday passed in executive session.
+
+FRANKLIN PIERCE.
+
+[Footnote 18: Relating to claims growing out of the eleventh article of
+the treaty of Guadalupe Hidalgo.]
+
+
+
+WASHINGTON, _April 12, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[19] in compliance with the resolution of the
+House of Representatives of the 4th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 19: Correspondence relative to the seizure of Martin Koszta
+by Austrian authorities at Smyrna.]
+
+
+
+WASHINGTON, _April 13, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[20] from the Secretary of State, in reply
+to the resolution of the Senate adopted in executive session yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 20: Relating to the abrogation of the eleventh article of the
+treaty of Guadalupe Hidalgo, etc.]
+
+
+
+WASHINGTON, _April 24, 1854_.
+
+_To the Senate of the United States_:
+
+I have the honor to transmit herewith a report of the Attorney-General,
+suggesting modifications in the manner of conducting the legal business
+of the Government, which are respectfully commended to your favorable
+consideration.
+
+FRANKLIN PIERCE.
+
+[The same message was also addressed to the Speaker of the House of
+Representatives.]
+
+
+
+WASHINGTON, _April 27, 1834_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence between the Secretary
+of State and Her Britannic Majesty's minister accredited to this
+Government, and between the Secretary of State and the Secretary of the
+Treasury, relative to the expediency of further measures for the safety,
+health, and comfort of immigrants to the United States by sea. As it is
+probable that further legislation may be necessary for the purpose of
+securing those desirable objects, I commend the subject to the
+consideration of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 2, 1854_.
+
+_To the House of Representatives_:
+
+I transmit the report[21] of the Secretary of State in compliance with a
+resolution of the House of Representatives of the 5th ultimo.
+
+It is presumed that the omission from the resolution of the usual
+clause giving the Executive a discretion in its answer was accidental, and
+as there does not appear to be anything in the accompanying papers
+which upon public considerations should require them to be withheld,
+they are communicated accordingly.
+
+FRANKLIN PIERCE.
+
+[Footnote 21: Relating to the application of Rev. James Cook Richmond for
+redress of wrongs alleged to have been committed by Austrian authorities
+in Pest, and to the refusal to grant an exequatur upon the commission of
+the United States consul appointed for Trieste.]
+
+
+
+WASHINGTON, _May 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with accompanying
+documents,[22] in compliance with the resolution of the Senate of
+the 12th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 22: Correspondence relative to the arrest and detention at
+Bremen of Conrad Schmidt, and arrest and maltreatment at Heidelberg of
+E.T. Dana, W.B. Dingle, and David Ramsay, all citizens of the United
+States; correspondence with the King of Prussia relative to religious
+toleration.]
+
+
+
+WASHINGTON, _May 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[23] from the Secretary of State, together
+with the documents therein referred to, in compliance with the resolution
+of the Senate of the 12th January last.
+
+FRANKLIN PIERCE.
+
+[Footnote 23: Relating to the impressment of seamen from the United
+States whale ship _Addison_ at Valparaiso, and imprisonment of William
+A. Stewart, an American citizen, at Valparaiso on the charge of murder,
+and on conviction released by Chilean authorities.]
+
+
+
+WASHINGTON, _May 11, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[24] in answer to the resolution of the House of Representatives
+of the 1st instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 24: Relating to the rights accorded to neutrals and the rights
+claimed by belligerents in the war between certain European powers.]
+
+
+
+WASHINGTON, _May 20, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[25] in compliance with the Senate's resolution
+of the 30th of January last.
+
+FRANKLIN PIERCE.
+
+[Footnote 25: Correspondence relative to the difficulties between Rev.
+Jonas King and the Government of Greece.]
+
+
+
+WASHINGTON, _May 23, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, on the subject of
+documents[26] called for by the resolution of the Senate of the 9th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 26: Researches of H.S. Sanford, late chargé d'affaires at
+Paris, on the condition of penal law in continental Europe, etc.; also a
+"Memoir on the Administrative Changes in France since the Revolution of
+1848," by H.S. Sanford.]
+
+
+
+WASHINGTON, _May 25, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, four several treaties recently negotiated in this city by
+George W. Manypenny, as commissioner on the part of the United States,
+with the delegates of the Delaware, Ioway, Kickapoo, and Sac and Fox
+tribes of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 29, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty negotiated on the 12th instant at the Falls of Wolf
+River, in Wisconsin, by Francis Huebschmann, superintendent of Indian
+affairs for the northern superintendency, and the Menomonee Indians, by
+the chiefs, headmen, and warriors of that tribe.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 30, 1854_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[27] in compliance with the resolution of the
+House of Representatives of the 20th December last.
+
+FRANKLIN PIERCE.
+
+[Footnote 27: Correspondence relative to the imposition of Sound dues,
+etc., upon United States commerce to the Baltic.]
+
+
+
+WASHINGTON, _June 12, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[28] in answer to the resolution of the House of Representatives
+of the 24th of April last.
+
+FRANKLIN PIERCE.
+
+[Footnote 28: Relating to the instructions referred to by President
+Monroe in his annual message of December 2, 1823, on the subject of the
+issue of commissions to private armed vessels.]
+
+
+
+WASHINGTON, _June 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[29] in compliance with the resolution of the
+House of Representatives of the 30th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 29: Correspondence of the American minister to Turkey relative
+to the expulsion of the Greeks from Constantinople.]
+
+
+
+WASHINGTON, _June 20, 1854_.
+
+_To the House of Representatives_:
+
+I have received information that the Government of Mexico has agreed to
+the several amendments proposed by the Senate to the treaty between the
+United States and the Republic of Mexico signed on the 30th of December
+last, and has authorized its envoy extraordinary to this Government to
+exchange the ratifications thereof. The time within which the
+ratifications can be exchanged will expire on the 30th instant.
+
+There is a provision in the treaty for the payment by the United States
+to Mexico of the sum of $7,000,000 on the exchange of ratifications and
+the further sum of $3,000,000 when the boundaries of the ceded territory
+shall be settled.
+
+To be enabled to comply with the stipulation according to the terms
+of the treaty relative to the payments therein mentioned, it will be
+necessary that Congress should make an appropriation of $7,000,000 for
+that purpose before the 30th instant, and also the further sum of
+$3,000,000, to be paid when the boundaries shall be established.
+
+I therefore respectfully request that these sums may be put at the
+disposal of the Executive.
+
+I herewith transmit to the House of Representatives a copy of the said
+treaty.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 20, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty extending the right of fishing and regulating the
+commerce and navigation between Her Britannic Majesty's possessions in
+North America and the United States, concluded in this city on the 5th
+instant between the United States and Her Britannic Majesty.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 24, 1854_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the copy of two communications of the 26th ultimo
+and 4th instant, respectively, from Her Britannic Majesty's minister
+accredited to this Government to the Secretary of State, relative to the
+health on shipboard of immigrants from foreign countries to the United
+States. This was the subject of my message to Congress of the 27th of
+April last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON CITY, _June 29, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate, for its constitutional action
+thereon, three treaties recently negotiated in this city by George
+W. Manypenny, as commissioner on the part of the United States; one
+concluded on the 19th ultimo with the delegates of the Shawnee Indians,
+one on the 5th instant with the Miami Indians, and the other on the 30th
+ultimo with the united tribes of Kaskaskia and Peoria and Wea and
+Piankeshaw Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 3, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its constitutional action
+thereon, an article of agreement made on the 13th day of June, 1854,
+by William H. Garrett, agent on the part of the United States, and a
+delegation of Creek Indians, supplementary to the Creek treaty of 1838.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 5, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 1st instant, I
+herewith return the articles of convention made and concluded with the
+Winnebago Indians on the 6th of August, 1853, together with the Senate
+resolution of the 9th ultimo, advising and consenting to the
+ratification of the same with amendments.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 12, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith the inclosed communication from the Secretary of the
+Navy, respecting the observations of Lieutenant James M. Gillis, of the
+United States Navy, and the accompanying documents.[30]
+
+FRANKLIN PIERCE.
+
+[Footnote 30: Report of the United States naval astronomical expedition
+to the Southern Hemisphere.]
+
+
+
+WASHINGTON, _July 12, 1854_.
+
+_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 Empire of
+Japan, signed at Kanagawa on the 31st day of March last by the
+plenipotentiaries of the two Governments. The Chinese and Dutch
+translations of the instrument and the chart and sketch to which it
+refers are also herewith communicated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 17, 1854_.
+
+_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 Her Britannic
+Majesty for the extension of the period limited for the duration of the
+mixed commission under convention between the United States and Great
+Britain of the 8th of February, 1853.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[31] in answer to the resolution of the House of Representatives
+of the 6th of February last.
+
+FRANKLIN PIERCE.
+
+[Footnote 31: Correspondence of Humphrey Marshall, commissioner to China.]
+
+
+
+WASHINGTON, _July 22, 1854_.
+
+_To the Senate of the United States_:
+
+I have this day given my signature to the "Act making further
+appropriations for the improvement of the Cape Fear River, in North
+Carolina."
+
+The occasion seems to render it proper for me to deviate from the
+ordinary course of announcing the approval of bills by an oral statement
+only, and, for the purpose of preventing any misapprehension which might
+otherwise arise from the phraseology of this act, to communicate
+in writing that my approval is given to it on the ground that the
+obstructions which the proposed appropriation is intended to remove
+are the result of acts of the General Government.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 24, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention concerning the rights of neutrals, concluded
+in this city on the 22d instant between the United States and His
+Majesty the Emperor of all the Russias.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 26, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, in answer to the
+resolution of the Senate of the 23d of May last, relative to the slave
+trade in the island of Cuba.
+
+The information contained in the papers accompanying the report will, it
+is believed, be considered important, and perhaps necessary to enable
+the Senate to form an opinion upon the subjects to which they relate;
+but doubts may be entertained in regard to the expediency of publishing
+some of the documents at this juncture.
+
+This communication is accordingly addressed to the Senate in executive
+session, in order that a discretion may be exercised in regard to its
+publication.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 27, 1854_.
+
+The PRESIDENT OF THE SENATE:
+
+In compliance with the resolution of the Senate of the 24th instant,
+requesting me to cause to be transmitted to the Senate the Fourth
+Meteorological Report of Professor Espy, the accompanying papers and
+charts are respectfully submitted.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with the Senate resolution of the 10th July instant,
+requesting that I would "cause to be communicated to the Senate copies
+of all the correspondence and other official documents on file in
+the Department of the Interior respecting the claims of persons for
+services performed and supplies and subsistence furnished to Indians
+in California under contracts with Indian agents in the year 1851, and
+embracing the names of claimants, the amount, respectively, of their
+claims, on what account created and by what authority, if any,"
+I transmit herewith a communication from the Secretary of the Interior,
+accompanied by copies of all the papers called for which have not
+heretofore been furnished. As it appears that most of the papers called
+for were communicated to the Senate at its first and special sessions
+of the Thirty-second Congress, I have not supposed that it was the
+intention of the Senate to have them again sent, and I have therefore
+not directed them to be copied.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 31, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 28th instant,
+requesting information in respect to the bombardment of San Juan de
+Nicaragua, I transmit reports from the Secretaries of State and of the
+Navy, with the documents which accompanied them.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 31, 1854_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 28th
+instant, requesting information in regard to the destruction of San Juan
+de Nicaragua, I transmit reports from the Secretaries of State and of
+the Navy, with the documents accompanying them.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 1, 1854_.
+
+_To the Senate of the United States_:
+
+I hasten to respond briefly to the resolution of the Senate of this
+date, "requesting the President to inform the Senate, if in his opinion
+it be not incompatible with the public interest, whether anything has
+arisen since the date of his message to the House of Representatives of
+the 15th of March last concerning our relations with the Government of
+Spain which in his opinion may dispense with the suggestions therein
+contained touching the propriety of 'provisional measures' by Congress
+to meet any exigency that may arise in the recess of Congress affecting
+those relations."
+
+In the message to the House of Representatives referred to I availed
+myself of the occasion to present the following reflections and
+suggestions:
+
+
+ In view of the position of the island of Cuba, its proximity to our
+ coast, the relations which it must ever bear to our commercial and
+ other interests, it is vain to expect that a series of unfriendly
+ acts infringing our commercial rights and the adoption of a policy
+ threatening the honor and security of these States can long consist
+ with peaceful relations.
+
+ In case the measures taken for amicable adjustment of our difficulties
+ with Spain should, unfortunately, fail, I shall not hesitate to use the
+ authority and means which Congress may grant to insure the observance
+ of our just rights, to obtain redress for injuries received, and to
+ vindicate the honor of our flag.
+
+ In anticipation of that contingency, which I earnestly hope may not
+ arise, I suggest to Congress the propriety of adopting such provisional
+ measures as the exigency may seem to demand.
+
+
+The two Houses of Congress may have anticipated that the hope then
+expressed would be realized before the period of its adjournment,
+and that our relations with Spain would have assumed a satisfactory
+condition, so as to remove past causes of complaint and afford better
+security for tranquillity and justice in the future. But I am
+constrained to say that such is not the fact. The formal demand for
+immediate reparation in the case of the _Black Warrior_, instead of
+having been met on the part of Spain by prompt satisfaction, has only
+served to call forth a justification of the local authorities of Cuba,
+and thus to transfer the responsibility for their acts to the Spanish
+Government itself.
+
+Meanwhile information, not only reliable in its nature, but of an
+official character, was received to the effect that preparation was
+making within the limits of the United States by private individuals
+under military organization for a descent upon the island of Cuba with
+a view to wrest that colony from the dominion of Spain. International
+comity, the obligations of treaties, and the express provisions of law
+alike required, in my judgment, that all the constitutional power of
+the Executive should be exerted to prevent the consummation of such a
+violation of positive law and of that good faith on which mainly the
+amicable relations of neighboring nations must depend. In conformity
+with these convictions of public duty, a proclamation was issued to warn
+all persons not to participate in the contemplated enterprise and to
+invoke the interposition in this behalf of the proper officers of the
+Government. No provocation whatever can justify private expeditions of
+hostility against a country at peace with the United States. The power
+to declare war is vested by the Constitution in Congress, and the
+experience of our past history leaves no room to doubt that the wisdom
+of this arrangement of constitutional power will continue to be verified
+whenever the national interest and honor shall demand a resort to
+ultimate measures of redress. Pending negotiations by the Executive,
+and before the action of Congress, individuals could not be permitted
+to embarrass the operations of the one and usurp the powers of the other
+of these depositaries of the functions of Government.
+
+I have only to add that nothing has arisen since the date of my former
+message to "dispense with the suggestions therein contained touching the
+propriety of provisional measures by Congress."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 2, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report of the Secretary of State, with the
+accompanying documents,[32] in answer to the resolution of the Senate
+of the 5th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 32: Correspondence relative to the imprisonment of George
+Marsden and to the seizure of the cargo of the American bark _Griffon_
+by the authorities of Brazil.]
+
+
+
+WASHINGTON, _August 2, 1854_.
+
+_To the House of Representatives_:
+
+I herewith transmit to you a copy of a treaty between the United States
+and Great Britain, negotiated at Washington on the 5th of June last.
+It has been concurred in by the Senate, and I have no doubt that the
+ratifications of it will be soon exchanged. It will be observed that by
+the provision of the fifth article the treaty does not go into operation
+until after legislation thereon by the respective parties.
+
+Should Congress at its present session pass the requisite law on the
+part of the United States to give effect to its stipulations, the
+fishing grounds on the coasts of the British North American Provinces,
+from which our fishermen have been heretofore excluded, may be opened to
+them during the present season, and apprehended collisions between them
+and British fishermen avoided.
+
+For this reason and for the purpose of securing to the citizens of the
+United States at the earliest practicable period other advantages which
+it is believed they will derive from this treaty, I recommend the
+passage by Congress at the present session of such a law as is necessary
+on the part of the United States to give effect to its provisions.
+
+FRANKLIN PIERCE.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _May 3, 1854_.
+
+_To the Senate of the United States_:
+
+The bill entitled "An act making a grant of public lands to the several
+States for the benefit of indigent insane persons," which was presented
+to me on the 27th ultimo, has been maturely considered, and is returned
+to the Senate, the House in which it originated, with a statement of the
+objections which have required me to withhold from it my approval.
+
+In the performance of this duty, prescribed by the Constitution, I have
+been compelled to resist the deep sympathies of my own heart in favor
+of the humane purpose sought to be accomplished and to overcome the
+reluctance with which I dissent from the conclusions of the two Houses
+of Congress, and present my own opinions in opposition to the action of
+a coordinate branch of the Government which possesses so fully my
+confidence and respect.
+
+If in presenting my objections to this bill I should say more than
+strictly belongs to the measure or is required for the discharge of my
+official obligation, let it be attributed to a sincere desire to justify
+my act before those whose good opinion I so highly value and to that
+earnestness which springs from my deliberate conviction that a strict
+adherence to the terms and purposes of the federal compact offers the
+best, if not the only, security for the preservation of our blessed
+inheritance of representative liberty.
+
+The bill provides in substance:
+
+First. That 10,000,000 acres of land be granted to the several States,
+to be apportioned among them in the compound ratio of the geographical
+area and representation of said States in the House of Representatives.
+
+Second. That wherever there are public lands in a State subject to sale
+at the regular price of private entry, the proportion of said 10,000,000
+acres falling to such State shall be selected from such lands within it,
+and that to the States in which there are no such public lands land
+scrip shall be issued to the amount of their distributive shares,
+respectively, said scrip not to be entered by said States, but to be
+sold by them and subject to entry by their assignees: _Provided_, That
+none of it shall be sold at less than $1 per acre, under penalty of
+forfeiture of the same to the United States.
+
+Third. That the expenses of the management and superintendence of said
+lands and of the moneys received therefrom shall be paid by the States
+to which they may belong out of the treasury of said States.
+
+Fourth. That the gross proceeds of the sales of such lands or land scrip
+so granted shall be invested by the several States in safe stocks, to
+constitute a perpetual fund, the principal of which shall remain forever
+undiminished, and the interest to be appropriated to the maintenance of
+the indigent insane within the several States.
+
+Fifth. That annual returns of lands or scrip sold shall be made by the
+States to the Secretary of the Interior, and the whole grant be subject
+to certain conditions and limitations prescribed in the bill, to be
+assented to by legislative acts of said States.
+
+This bill therefore proposes that the Federal Government shall make
+provision to the amount of the value of 10,000,000 acres of land for an
+eleemosynary object within the several States, to be administered by the
+political authority of the same; and it presents at the threshold the
+question whether any such act on the part of the Federal Government
+is warranted and sanctioned by the Constitution, the provisions and
+principles of which are to be protected and sustained as a first and
+paramount duty.
+
+It can not be questioned that if Congress has power to make provision
+for the indigent insane without the limits of this District it has the
+same power to provide for the indigent who are not insane, and thus
+to transfer to the Federal Government the charge of all the poor in
+all the States. It has the same power to provide hospitals and other
+local establishments for the care and cure of every species of human
+infirmity, and thus to assume all that duty of either public
+philanthropy or public necessity to the dependent, the orphan, the
+sick, or the needy which is now discharged by the States themselves
+or by corporate institutions or private endowments existing under the
+legislation of the States. The whole field of public beneficence is
+thrown open to the care and culture of the Federal Government. Generous
+impulses no longer encounter the limitations and control of our
+imperious fundamental law; for however worthy may be the present object
+in itself, it is only one of a class. It is not exclusively worthy of
+benevolent regard. Whatever considerations dictate sympathy for this
+particular object apply in like manner, if not in the same degree, to
+idiocy, to physical disease, to extreme destitution. If Congress may
+and ought to provide for any one of these objects, it may and ought to
+provide for them all. And if it be done in this case, what answer shall
+be given when Congress shall be called upon, as it doubtless will be, to
+pursue a similar course of legislation in the others? It will obviously
+be vain to reply that the object is worthy, but that the application has
+taken a wrong direction. The power will have been deliberately assumed,
+the general obligation will by this act have been acknowledged, and the
+question of means and expediency will alone be left for consideration.
+The decision upon the principle in any one case determines it for the
+whole class. The question presented, therefore, clearly is upon the
+constitutionality and propriety of the Federal Government assuming
+to enter into a novel and vast field of legislation, namely, that of
+providing for the care and support of all those among the people of the
+United States who by any form of calamity become fit objects of public
+philanthropy.
+
+I readily and, I trust, feelingly acknowledge the duty incumbent on us
+all as men and citizens, and as among the highest and holiest of our
+duties, to provide for those who, in the mysterious order of Providence,
+are subject to want and to disease of body or mind; but I can not find
+any authority in the Constitution for making the Federal Government the
+great almoner of public charity throughout the United States. To do so
+would, in my judgment, be contrary to the letter and spirit of the
+Constitution and subversive of the whole theory upon which the Union of
+these States is founded. And if it were admissible to contemplate the
+exercise of this power for any object whatever, I can not avoid the
+belief that it would in the end be prejudicial rather than beneficial in
+the noble offices of charity to have the charge of them transferred from
+the States to the Federal Government. Are we not too prone to forget
+that the Federal Union is the creature of the States, not they of
+the Federal Union? We were the inhabitants of colonies distinct in
+local government one from the other before the Revolution. By that
+Revolution the colonies each became an independent State. They achieved
+that independence and secured its recognition by the agency of a
+consulting body, which, from being an assembly of the ministers of
+distinct sovereignties instructed to agree to no form of government
+which did not leave the domestic concerns of each State to itself, was
+appropriately denominated a Congress. When, having tried the experiment
+of the Confederation, they resolved to change that for the present
+Federal Union, and thus to confer on the Federal Government more ample
+authority, they scrupulously measured such of the functions of their
+cherished sovereignty as they chose to delegate to the General
+Government. With this aim and to this end the fathers of the Republic
+framed the Constitution, in and by which the independent and sovereign
+States united themselves for certain specified objects and purposes, and
+for those only, leaving all powers not therein set forth as conferred on
+one or another of the three great departments--the legislative, the
+executive, and the judicial--indubitably with the States. And when the
+people of the several States had in their State conventions, and thus
+alone, given effect and force to the Constitution, not content that any
+doubt should in future arise as to the scope and character of this act,
+they ingrafted thereon the explicit declaration that "the powers not
+delegated to the United States by the Constitution nor prohibited by
+it to the States are reserved to the States respectively or to the
+people." Can it be controverted that the great mass of the business
+of Government--that involved in the social relations, the internal
+arrangements of the body politic, the mental and moral culture of men,
+the development of local resources of wealth, the punishment of crimes
+in general, the preservation of order, the relief of the needy or
+otherwise unfortunate members of society--did in practice remain with
+the States; that none of these objects of local concern are by the
+Constitution expressly or impliedly prohibited to the States, and that
+none of them are by any express language of the Constitution transferred
+to the United States? Can it be claimed that any of these functions
+of local administration and legislation are vested in the Federal
+Government by any implication? I have never found anything in the
+Constitution which is susceptible of such a construction. No one of
+the enumerated powers touches the subject or has even a remote analogy
+to it. The powers conferred upon the United States have reference to
+federal relations, or to the means of accomplishing or executing things
+of federal relation. So also of the same character are the powers taken
+away from the States by enumeration. In either case the powers granted
+and the powers restricted were so granted or so restricted only where
+it was requisite for the maintenance of peace and harmony between the
+States or for the purpose of protecting their common interests and
+defending their common sovereignty against aggression from abroad or
+insurrection at home.
+
+I shall not discuss at length the question of power sometimes claimed
+for the General Government under the clause of the eighth section of the
+Constitution, which gives Congress the power "to lay and collect taxes,
+duties, imposts, and excises, to pay debts and provide for the common
+defense and general welfare of the United States," because if it has not
+already been settled upon sound reason and authority it never will be.
+I take the received and just construction of that article, as if written
+to lay and collect taxes, duties, imposts, and excises _in order_ to pay
+the debts and _in order_ to provide for the common defense and general
+welfare. It is not a substantive general power to provide for the
+welfare of the United States, but is a limitation on the grant of power
+to raise money by taxes, duties, and imposts. If it were otherwise, all
+the rest of the Constitution, consisting of carefully enumerated and
+cautiously guarded grants of specific powers, would have been useless,
+if not delusive. It would be impossible in that view to escape from the
+conclusion that these were inserted only to mislead for the present,
+and, instead of enlightening and defining the pathway of the future,
+to involve its action in the mazes of doubtful construction. Such a
+conclusion the character of the men who framed that sacred instrument
+will never permit us to form. Indeed, to suppose it susceptible of any
+other construction would be to consign all the rights of the States and
+of the people of the States to the mere discretion of Congress, and thus
+to clothe the Federal Government with authority to control the sovereign
+States, by which they would have been dwarfed into provinces or
+departments and all sovereignty vested in an absolute consolidated
+central power, against which the spirit of liberty has so often and
+in so many countries struggled in vain. In my judgment you can not by
+tributes to humanity make any adequate compensation for the wrong you
+would inflict by removing the sources of power and political action from
+those who are to be thereby affected. If the time shall ever arrive
+when, for an object appealing, however strongly, to our sympathies,
+the dignity of the States shall bow to the dictation of Congress by
+conforming their legislation thereto, when the power and majesty and
+honor of those who created shall become subordinate to the thing of
+their creation, I but feebly utter my apprehensions when I express
+my firm conviction that we shall see "the beginning of the end."
+
+Fortunately, we are not left in doubt as to the purpose of the
+Constitution any more than as to its express language, for although the
+history of its formation, as recorded in the Madison Papers, shows that
+the Federal Government in its present form emerged from the conflict of
+opposing influences which have continued to divide statesmen from that
+day to this, yet the rule of clearly defined powers and of strict
+construction presided over the actual conclusion and subsequent adoption
+of the Constitution. President Madison, in the Federalist, says:
+
+
+ The powers delegated by the proposed Constitution are few and defined.
+ Those which are to remain in the State governments are numerous and
+ indefinite. ... Its [the General Government's] jurisdiction extends to
+ certain enumerated objects only, and leaves to the several States a
+ residuary and inviolable sovereignty over all other objects.
+
+
+In the same spirit President Jefferson invokes "the support of
+the State governments in all their rights as the most competent
+administrations for our domestic concerns and the surest bulwarks
+against anti-republican tendencies;" and President Jackson said that our
+true strength and wisdom are not promoted by invasions of the rights and
+powers of the several States, but that, on the contrary, they consist
+"not in binding the States more closely to the center, but in leaving
+each more unobstructed in its proper orbit."
+
+The framers of the Constitution, in refusing to confer on the Federal
+Government any jurisdiction over these purely local objects, in my
+judgment manifested a wise forecast and broad comprehension of the true
+interests of these objects themselves. It is clear that public charities
+within the States can be efficiently administered only by their
+authority. The bill before me concedes this, for it does not commit the
+funds it provides to the administration of any other authority.
+
+I can not but repeat what I have before expressed, that if the several
+States, many of which have already laid the foundation of munificent
+establishments of local beneficence, and nearly all of which are
+proceeding to establish them, shall be led to suppose, as, should this
+bill become a law, they will be, that Congress is to make provision for
+such objects, the fountains of charity will be dried up at home, and the
+several States, instead of bestowing their own means on the social wants
+of their own people, may themselves, through the strong temptation which
+appeals to states as to individuals, become humble suppliants for the
+bounty of the Federal Government, reversing their true relations to
+this Union.
+
+Having stated my views of the limitation of the powers conferred by
+the eighth section of the first article of the Constitution, I deem it
+proper to call attention to the third section of the fourth article
+and to the provisions of the sixth article bearing directly upon
+the question under consideration, which, instead of aiding the claim
+to power exercised in this case, tend, it is believed, strongly to
+illustrate and explain positions which, even without such support,
+I can not regard as questionable. The third section of the fourth
+article of the Constitution is in the following terms:
+
+
+ The Congress shall have power to _dispose_ of and make all needful rules
+ and regulations respecting the territory or other property belonging
+ to the United States; and nothing in this Constitution shall be so
+ construed as to prejudice any claims of the United States or of any
+ particular State.
+
+
+The sixth article is as follows, to wit, that--
+
+
+ All debts contracted and engagements entered into before the adoption of
+ this Constitution shall be as valid against the United States under this
+ Constitution as under the Confederation.
+
+
+For a correct understanding of the terms used in the third section of
+the fourth article, above quoted, reference should be had to the history
+of the times in which the Constitution was formed and adopted. It was
+decided upon in convention on the 17th September, 1787, and by it
+Congress was empowered "to dispose of," etc., "the territory or other
+property belonging to the United States." The only territory then
+belonging to the United States was that then recently ceded by the
+several States, to wit: By New York in 1781, by Virginia in 1784, by
+Massachusetts in 1785, and by South Carolina in August, 1787, only
+the month before the formation of the Constitution. The cession from
+Virginia contained the following provision:
+
+
+ That all the lands within the territory so ceded to the United States,
+ and not reserved for or appropriated to any of the before-mentioned
+ purposes or disposed of in bounties to the officers and soldiers of the
+ American Army, shall be considered a common fund for the use and benefit
+ of such of the United States as have become or shall become members of
+ the Confederation or Federal Alliance of the said States, Virginia
+ included, according to their usual respective proportions in the general
+ charge and expenditure, and shall be faithfully and _bona fide disposed
+ of_ for that purpose and for no other use or purpose whatsoever.
+
+
+Here the object for which these lands are to be disposed of is clearly
+set forth, and the power to dispose of them granted by the third section
+of the fourth article of the Constitution clearly contemplates such
+disposition only. If such be the fact, and in my mind there can be no
+doubt of it, then you have again not only no implication in favor of the
+contemplated grant, but the strongest authority against it. Furthermore,
+this bill is in violation of the faith of the Government pledged in the
+act of January 28, 1847. The nineteenth section of that act declares:
+
+
+ That for the payment of the stock which may be created under the
+ provisions of this act the sales of the public lands are hereby pledged;
+ and it is hereby made the duty of the Secretary of the Treasury to use
+ and apply all moneys which may be received into the Treasury for the
+ sales of the public lands after the 1st day of January, 1848, first,
+ to pay the interest on all stocks issued by virtue of this act, and,
+ secondly, to use the balance of said receipts, after paying the interest
+ aforesaid, in the purchase of said stocks at their market value, etc.
+
+
+The debts then contracted have not been liquidated, and the language of
+this section and the obligations of the United States under it are too
+plain to need comment.
+
+I have been unable to discover any distinction on constitutional grounds
+or grounds of expediency between an appropriation of $10,000,000
+directly from the money in the Treasury for the object contemplated and
+the appropriation of lands presented for my sanction, and yet I can not
+doubt that if the bill proposed $10,000,000 from the Treasury of the
+United States for the support of the indigent insane in the several
+States that the constitutional question involved in the act would have
+attracted forcibly the attention of Congress.
+
+I respectfully submit that in a constitutional point of view it is
+wholly immaterial whether the appropriation be in money or in land.
+
+The public domain is the common property of the Union just as much as
+the surplus proceeds of that and of duties on imports remaining
+unexpended in the Treasury. As such it has been pledged, is now pledged,
+and may need to be so pledged again for public indebtedness.
+
+As property it is distinguished from actual money chiefly in this
+respect, that its profitable management sometimes requires that portions
+of it be appropriated to local objects in the States wherein it may
+happen to lie, as would be done by any prudent proprietor to enhance the
+sale value of his private domain. All such grants of land are in fact
+a disposal of it for value received, but they afford no precedent or
+constitutional reason for giving away the public lands. Still less do
+they give sanction to appropriations for objects which have not been
+intrusted to the Federal Government, and therefore belong exclusively
+to the States.
+
+To assume that the public lands are applicable to ordinary State
+objects, whether of public structures, police, charity, or expenses of
+State administration, would be to disregard to the amount of the value
+of the public lands all the limitations of the Constitution and confound
+to that extent all distinctions between the rights and powers of the
+States and those of the United States; for if the public lands may be
+applied to the support of the poor, whether sane or insane, if the
+disposal of them and their proceeds be not subject to the ordinary
+limitations of the Constitution, then Congress possesses unqualified
+power to provide for expenditures in the States by means of the public
+lands, even to the degree of defraying the salaries of governors,
+judges, and all other expenses of the government and internal
+administration within the several States.
+
+The conclusion from the general survey of the whole subject is to
+my mind irresistible, and closes the question both of right and of
+expediency so far as regards the principle of the appropriation proposed
+in this bill. Would not the admission of such power in Congress to
+dispose of the public domain work the practical abrogation of some
+of the most important provisions of the Constitution?
+
+If the systematic reservation of a definite portion of the public lands
+(the sixteenth sections) in the States for the purposes of education and
+occasional grants for similar purposes be cited as contradicting these
+conclusions, the answer as it appears to me is obvious and satisfactory.
+Such reservations and grants, besides being a part of the conditions on
+which the proprietary right of the United States is maintained, along
+with the eminent domain of a particular State, and by which the public
+land remains free from taxation in the State in which it lies as long
+as it remains the property of the United States, are the acts of a mere
+landowner disposing of a small share of his property in a way to augment
+the value of the residue and in this mode to encourage the early
+occupation of it by the industrious and intelligent pioneer.
+
+The great example of apparent donation of lands to the States likely
+to be relied upon as sustaining the principles of this bill is the
+relinquishment of swamp lands to the States in which they are situated,
+but this also, like other grants already referred to, was based
+expressly upon grounds clearly distinguishable in principle from any
+which can be assumed for the bill herewith returned, viz, upon the
+interest and duty of the proprietor. They were charged, and not without
+reason, to be a nuisance to the inhabitants of the surrounding country.
+The measure was predicated not only upon the ground of the disease
+inflicted upon the people of the States, which the United States could
+not justify as a just and honest proprietor, but also upon an express
+limitation of the application of the proceeds in the first instance
+to purposes of levees and drains, thus protecting the health of the
+inhabitants and at the same time enhancing the value of the remaining
+lands belonging to the General Government.
+
+It is not to be denied that Congress, while administering the public
+lands as a proprietor within the principle distinctly announced in my
+annual message, may sometimes have failed to distinguish accurately
+between objects which are and which are not within its constitutional
+powers.
+
+After the most careful examination I find but two examples in the acts
+of Congress which furnish any precedent for the present bill, and those
+examples will, in my opinion, serve rather as a warning than as an
+inducement to tread in the same path.
+
+The first is the act of March 3, 1819, granting a township of land to
+the Connecticut asylum for the education of the deaf and dumb; the
+second, that of April 5, 1826, making a similar grant of land to the
+Kentucky asylum for teaching the deaf and dumb--the first more than
+thirty years after the adoption of the Constitution and the second more
+than a quarter of a century ago. These acts were unimportant as to the
+amount appropriated, and so far as I can ascertain were passed on two
+grounds: First, that the object was a charitable one, and, secondly,
+that it was national. To say that it was a charitable object is only
+to say that it was an object of expenditure proper for the competent
+authority; but it no more tended to show that it was a proper object of
+expenditure by the United States than is any other purely local object
+appealing to the best sympathies of the human heart in any of the
+States. And the suggestion that a school for the mental culture of the
+deaf and dumb in Connecticut or Kentucky is a national object only
+shows how loosely this expression has been used when the purpose was
+to procure appropriations by Congress. It is not perceived how a school
+of this character is otherwise national than is any establishment of
+religious or moral instruction. All the pursuits of industry, everything
+which promotes the material or intellectual well-being of the race,
+every ear of corn or boll of cotton which grows, is national in the same
+sense, for each one of these things goes to swell the aggregate of
+national prosperity and happiness of the United States; but it confounds
+all meaning of language to say that these things are "national," as
+equivalent to "Federal," so as to come within any of the classes of
+appropriation for which Congress is authorized by the Constitution
+to legislate.
+
+It is a marked point of the history of the Constitution that when it was
+proposed to empower Congress to establish a university the proposition
+was confined to the District intended for the future seat of Government
+of the United States, and that even that proposed clause was omitted in
+consideration of the exclusive powers conferred on Congress to legislate
+for that District. Could a more decisive indication of the true
+construction and the spirit of the Constitution in regard to all matters
+of this nature have been given? It proves that such objects were
+considered by the Convention as appertaining to local legislation only;
+that they were not comprehended, either expressly or by implication,
+in the grant of general power to Congress, and that consequently they
+remained with the several States.
+
+The general result at which I have arrived is the necessary consequence
+of those views of the relative rights, powers, and duties of the States
+and of the Federal Government which I have long entertained and often
+expressed and in reference to which my convictions do but increase in
+force with time and experience.
+
+I have thus discharged the unwelcome duty of respectfully stating my
+objections to this bill, with which I cheerfully submit the whole
+subject to the wisdom of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 4, 1854_.
+
+_To the House of Representatives_:
+
+I have received the bill entitled "An act making appropriations for the
+repair, preservation, and completion of certain public works heretofore
+commenced under the authority of law." It reaches me in the expiring
+hours of the session, and time does not allow full opportunity for
+examining and considering its provisions or of stating at length the
+reasons which forbid me to give it my signature.
+
+It belongs to that class of measures which are commonly known as
+internal improvements by the General Government, and which from a very
+early period have been deemed of doubtful constitutionality and
+expediency, and have thus failed to obtain the approbation of successive
+Chief Magistrates.
+
+On such an examination of this bill as it has been in my power to make,
+I recognize in it certain provisions national in their character, and
+which, if they stood alone, it would be compatible with my convictions
+of public duty to assent to; but at the same time, it embraces others
+which are merely local, and not, in my judgment, warranted by any safe
+or true construction of the Constitution.
+
+To make proper and sound discriminations between these different
+provisions would require a deliberate discussion of general principles,
+as well as a careful scrutiny of details for the purpose of rightfully
+applying those principles to each separate item of appropriation.
+
+Public opinion with regard to the value and importance of internal
+improvements in the country is undivided. There is a disposition on all
+hands to have them prosecuted with energy and to see the benefits sought
+to be attained by them fully realized.
+
+The prominent point of difference between those who have been regarded
+as the friends of a system of internal improvements by the General
+Government and those adverse to such a system has been one of
+constitutional power, though more or less connected with considerations
+of expediency.
+
+My own judgment, it is well known, has on both grounds been opposed to
+"a general system of internal improvements" by the Federal Government. I
+have entertained the most serious doubts from the inherent difficulties
+of its application, as well as from past unsatisfactory experience,
+whether the power could be so exercised by the General Government as to
+render its use advantageous either to the country at large or effectual
+for the accomplishment of the object contemplated.
+
+I shall consider it incumbent on me to present to Congress at its next
+session a matured view of the whole subject, and to endeavor to define,
+approximately at least, and according to my own convictions, what
+appropriations of this nature by the General Government the great
+interests of the United States require and the Constitution will admit
+and sanction, in case no substitute should be devised capable of
+reconciling differences both of constitutionality and expediency.
+
+In the absence of the requisite means and time for duly considering the
+whole subject at present and discussing such possible substitute, it
+becomes necessary to return this bill to the House of Representatives,
+in which it originated, and for the reasons thus briefly submitted to
+the consideration of Congress to withhold from it my approval.
+
+FRANKLIN PIERCE.
+
+
+
+[The following message is inserted here because it is an exposition of
+the reasons of the President for the veto of August 4, 1854, immediately
+preceding.]
+
+WASHINGTON, _December 30, 1854_.
+
+_To the Senate and House of Representatives_:
+
+In returning to the House of Representatives, in which it originated,
+a bill entitled "An act making appropriations for the repair,
+preservation, and completion of certain public works heretofore
+commenced under the authority of law," it became necessary for me, owing
+to the late day at which the bill was passed, to state my objections
+to it very briefly, announcing at the same time a purpose to resume
+the subject for more deliberate discussion at the present session of
+Congress; for, while by no means insensible of the arduousness of the
+task thus undertaken by me, I conceived that the two Houses were
+entitled to an exposition of the considerations which had induced
+dissent on my part from their conclusions in this instance.
+
+The great constitutional question of the power of the General Government
+in relation to internal improvements has been the subject of earnest
+difference of opinion at every period of the history of the United
+States. Annual and special messages of successive Presidents have been
+occupied with it, sometimes in remarks on the general topic and
+frequently in objection to particular bills. The conflicting sentiments
+of eminent statesmen, expressed in Congress or in conventions called
+expressly to devise, if possible, some plan calculated to relieve the
+subject of the embarrassments with which it is environed, while they
+have directed public attention strongly to the magnitude of the
+interests involved, have yet left unsettled the limits, not merely of
+expediency, but of constitutional power, in relation to works of this
+class by the General Government.
+
+What is intended by the phrase "internal improvements"? What does it
+embrace and what exclude? No such language is found in the Constitution.
+Not only is it not an expression of ascertainable constitutional power,
+but it has no sufficient exactness of meaning to be of any value as the
+basis of a safe conclusion either of constitutional law or of practical
+statesmanship.
+
+President John Quincy Adams, in claiming on one occasion, after his
+retirement from office, the authorship of the idea of introducing into
+the administration of the affairs of the General Government "a permanent
+and regular system" of internal improvements, speaks of it as a system
+by which "the whole Union would have been checkered over with railroads
+and canals," affording "high wages and constant employment to hundreds
+of thousands of laborers;" and he places it in express contrast with the
+construction of such works by the legislation of the States and by
+private enterprise.
+
+It is quite obvious that if there be any constitutional power which
+authorizes the construction of "railroads and canals" by Congress, the
+same power must comprehend turnpikes and ordinary carriage roads; nay, it
+must extend to the construction of bridges, to the draining of marshes,
+to the erection of levees, to the construction of canals of irrigation;
+in a word, to all the possible means of the material improvement of the
+earth, by developing its natural resources anywhere and everywhere, even
+within the proper jurisdiction of the several States. But if there be
+any constitutional power thus comprehensive in its nature, must not the
+same power embrace within its scope other kinds of improvement of equal
+utility in themselves and equally important to the welfare of the whole
+country? President Jefferson, while intimating the expediency of so
+amending the Constitution as to comprise objects of physical progress
+and well-being, does not fail to perceive that "other objects of public
+improvement," including "public education" by name, belong to the same
+class of powers. In fact, not only public instruction, but hospitals,
+establishments of science and art, libraries, and, indeed, everything
+appertaining to the internal welfare of the country, are just as much
+objects of internal improvement, or, in other words, of internal
+utility, as canals and railways.
+
+The admission of the power in either of its senses implies its existence
+in the other; and since if it exists at all it involves dangerous
+augmentation of the political functions and of the patronage of the
+Federal Government, we ought to see clearly by what clause or clauses of
+the Constitution it is conferred.
+
+I have had occasion more than once to express, and deem it proper now
+to repeat, that it is, in my judgment, to be taken for granted, as a
+fundamental proposition not requiring elucidation, that the Federal
+Government is the creature of the individual States and of the people
+of the States severally; that the sovereign power was in them alone;
+that all the powers of the Federal Government are derivative ones, the
+enumeration and limitations of which are contained in the instrument
+which organized it; and by express terms "the powers not delegated to
+the United States by the Constitution nor prohibited by it to the States
+are reserved to the States respectively or to the people."
+
+Starting from this foundation of our constitutional faith and proceeding
+to inquire in what part of the Constitution the power of making
+appropriations for internal improvements is found, it is necessary to
+reject all idea of there being any grant of power in the preamble.
+When that instrument says, "We, the people of the United States, in
+order to form a more perfect union, establish justice, insure domestic
+tranquillity, provide for the common defense, promote the general
+welfare, and secure the blessings of liberty to ourselves and our
+posterity," it only declares the inducements and the anticipated results
+of the things ordained and established by it. To assume that anything
+more can be designed by the language of the preamble would be to
+convert all the body of the Constitution, with its carefully weighed
+enumerations and limitations, into mere surplusage. The same may be said
+of the phrase in the grant of the power to Congress "to pay the debts
+and provide for the common defense and general welfare of the United
+States;" or, to construe the words more exactly, they are not
+significant of grant or concession, but of restriction of the specific
+grants, having the effect of saying that in laying and collecting
+taxes for each of the precise objects of power granted to the General
+Government Congress must exercise any such definite and undoubted power
+in strict subordination to the purpose of the common defense and general
+welfare of all the States.
+
+There being no specific grant in the Constitution of a power to sanction
+appropriations for internal improvements, and no general provision broad
+enough to cover any such indefinite object, it becomes necessary to look
+for particular powers to which one or another of the things included in
+the phrase "internal improvements" may be referred.
+
+In the discussions of this question by the advocates of the organization
+of a "general system of internal improvements" under the auspices of the
+Federal Government, reliance is had for the justification of the measure
+on several of the powers expressly granted to Congress, such as to
+establish post-offices and post-roads, to declare war, to provide and
+maintain a navy, to raise and support armies, to regulate commerce, and
+to dispose of the territory and other public property of the United
+States,
+
+As to the last of these sources of power, that of disposing of the
+territory and other public property of the United States, it may be
+conceded that it authorizes Congress, in the management of the public
+property, to make improvements essential to the successful execution of
+the trust; but this must be the primary object of any such improvement,
+and it would be an abuse of the trust to sacrifice the interest of the
+property to incidental purposes.
+
+As to the other assumed sources of a general power over internal
+improvements, they being specific powers of which this is supposed to be
+the incident, if the framers of the Constitution, wise and thoughtful
+men as they were, intended to confer on Congress the power over a
+subject so wide as the whole field of internal improvements, it is
+remarkable that they did not use language clearly to express it, or, in
+other words, that they did not give it as a distinct and substantive
+power instead of making it the implied incident of some other one; for
+such is the magnitude of the supposed incidental power and its capacity
+of expansion that any system established under it would exceed each of
+the others in the amount of expenditure and number of the persons
+employed, which would thus be thrown upon the General Government.
+
+This position may be illustrated by taking as a single example one of
+the many things comprehended clearly in the idea of "a general system of
+internal improvements," namely, roads. Let it be supposed that the power
+to construct roads over the whole Union, according to the suggestion of
+President J.Q. Adams in 1807, whilst a member of the Senate of the
+United States, had been conceded. Congress would have begun, in
+pursuance of the state of knowledge at the time, by constructing
+turnpikes; then, as knowledge advanced, it would have constructed
+canals, and at the present time it would have been embarked in an almost
+limitless scheme of railroads.
+
+Now there are in the United States, the results of State or private
+enterprise, upward of 17,000 miles of railroads and 5,000 miles of
+canals; in all, 22,000 miles, the total cost of which may be estimated
+at little short of $600,000,000; and if the same works had been
+constructed by the Federal Government, supposing the thing to have
+been practicable, the cost would have probably been not less than
+$900,000,000. The number of persons employed in superintending,
+managing, and keeping up these canals and railroads may be stated at
+126,000 or thereabouts, to which are to be added 70,000 or 80,000
+employed on the railroads in construction, making a total of at least
+200,000 persons, representing in families nearly 1,000,000 souls,
+employed on or maintained by this one class of public works in the
+United States.
+
+In view of all this, it is not easy to estimate the disastrous
+consequences which must have resulted from such extended local
+improvements being undertaken by the General Government. State
+legislation upon this subject would have been suspended and private
+enterprise paralyzed, while applications for appropriations would have
+perverted the legislation of Congress, exhausted the National Treasury,
+and left the people burdened with a heavy public debt, beyond the
+capacity of generations to discharge.
+
+Is it conceivable that the framers of the Constitution intended that
+authority drawing after it such immense consequences should be inferred
+by implication as the incident of enumerated powers? I can not think
+this, and the impossibility of supposing it would be still more glaring
+if similar calculations were carried out in regard to the numerous
+objects of material, moral, and political usefulness of which the idea
+of internal improvement admits. It may be safely inferred that if the
+framers of the Constitution had intended to confer the power to make
+appropriations for the objects indicated, it would have been enumerated
+among the grants expressly made to Congress.. When, therefore, any one
+of the powers actually enumerated is adduced or referred to as the
+ground of an assumption to warrant the incidental or implied power of
+"internal improvement," that hypothesis must be rejected, or at least
+can be no further admitted than as the particular act of internal
+improvement may happen to be necessary to the exercise of the granted
+power. Thus, when the object of a given road, the clearing of a
+particular channel, or the construction of a particular harbor of refuge
+is manifestly required by the exigencies of the naval or military
+service of the country, then it seems to me undeniable that it may be
+constitutionally comprehended in the powers to declare war, to provide
+and maintain a navy, and to raise and support armies. At the same time,
+it would be a misuse of these powers and a violation of the Constitution
+to undertake to build upon them a great system of internal improvements.
+And similar reasoning applies to the assumption of any such power as
+is involved in that to establish post-roads and to regulate commerce.
+If the particular improvement, whether by land or sea, be necessary to
+the execution of the enumerated powers, then, but not otherwise, it
+falls within the jurisdiction of Congress. To this extent only can
+the power be claimed as the incident of any express grant to the
+Federal Government.
+
+But there is one clause of the Constitution in which it has been
+suggested that express authority to construct works of internal
+improvement has been conferred on Congress, namely, that which empowers
+it "to exercise exclusive legislation in all cases whatsoever over such
+district (not exceeding 10 miles square) as may by cession of particular
+States and the acceptance of Congress become the seat of the Government
+of the United States, and to exercise like authority over all places
+purchased by the consent of the legislature of the State in which the
+same shall be for the erection of forts, magazines, arsenals, dockyards,
+and _other needful buildings_..." But any such supposition will be seen
+to be groundless when this provision is carefully examined and compared
+with other parts of the Constitution.
+
+It is undoubtedly true that "like authority" refers back to "exclusive
+legislation in all cases whatsoever" as applied to the District of
+Columbia, and there is in the District no division of powers as between
+the General and the State Governments.
+
+In those places which the United States has purchased or retains within
+any of the States--sites for dockyards or forts, for example--legal
+process of the given State is still permitted to run for some purposes,
+and therefore the jurisdiction of the United States is not absolutely
+perfect. But let us assume for the argument's sake that the jurisdiction
+of the United States in a tract of land ceded to it for the purpose of a
+dockyard or fort by Virginia or Maryland is as complete as in that ceded
+by them for the seat of Government, and then proceed to analyze this
+clause of the Constitution.
+
+It provides that Congress shall have certain legislative authority over
+all places purchased by the United States for certain purposes. It
+implies that Congress has otherwise the power to purchase. But where
+does Congress get the power to purchase? Manifestly it must be from some
+other clause of the Constitution, for it is not conferred by this one.
+Now, as it is a fundamental principle that the Constitution is one of
+limited powers, the authority to purchase must be conferred in one of
+the enumerations of legislative power; so that the power to purchase is
+itself not an unlimited one, but is limited by the objects in regard to
+which legislative authority is directly conferred.
+
+The other expressions of the clause in question confirm this
+conclusion, since the jurisdiction is given as to places purchased
+for certain enumerated objects or purposes. Of these the first great
+division--forts, magazines, arsenals, and dockyards--is obviously
+referable to recognized heads of specific constitutional power. There
+remains only the phrase "and other _needful_ buildings." Wherefore
+needful? Needful for any possible purpose within the whole range of
+the business of society and of Government? Clearly not; but only such
+"buildings" as are "needful" to the United States in the exercise of
+any of the powers conferred on Congress.
+
+Thus the United States need, in the exercise of admitted powers, not
+only forts, magazines, arsenals, and dockyards, but also court-houses,
+prisons, custom-houses, and post-offices within the respective States.
+Places for the erection of such buildings the General Government may
+constitutionally purchase, and, having purchased them, the jurisdiction
+over them belongs to the United States. So if the General Government has
+the power to build a light-house or a beacon, it may purchase a place
+for that object; and having purchased it, then this clause of the
+Constitution gives jurisdiction over it. Still, the power to purchase
+for the purpose of erecting a light-house or beacon must depend on the
+existence of the power to erect, and if that power exists it must be
+sought after in some other clause of the Constitution.
+
+From whatever point of view, therefore, the subject is regarded, whether
+as a question of express or implied power, the conclusion is the same,
+that Congress has no constitutional authority to carry on a system of
+internal improvements; and in this conviction the system has been
+steadily opposed by the soundest expositors of the functions of the
+Government.
+
+It is not to be supposed that in no conceivable case shall there be
+doubt as to whether a given object be or not a necessary incident
+of the military, naval, or any other power. As man is imperfect, so
+are his methods of uttering his thoughts. Human language, save in
+expressions for the exact sciences, must always fail to preclude all
+possibility of controversy. Hence it is that in one branch of the
+subject--the question of the power of Congress to make appropriations
+in aid of navigation--there is less of positive conviction than in
+regard to the general subject; and it therefore seems proper in this
+respect to revert to the history of the practice of the Government.
+
+Among the very earliest acts of the first session of Congress was that
+for the establishment and support of light-houses, approved by President
+Washington on the 7th of August, 1789, which contains the following
+provisions:
+
+
+ That all expenses which shall accrue from and after the 15th day of
+ August, 1789, in the necessary support, maintenance, and repairs of
+ all light-houses, beacons, buoys, and public piers erected, placed, or
+ sunk before the passing of this act at the entrance of or within any
+ bay, inlet, harbor, or port of the United States, for rendering the
+ navigation thereof easy and safe, shall be defrayed out of the Treasury
+ of the United States: _Provided, nevertheless_, That none of the said
+ expenses shall continue to be so defrayed after the expiration of one
+ year from the day aforesaid unless such light-houses, beacons, buoys,
+ and public piers shall in the meantime be ceded to and vested in the
+ United States by the State or States, respectively, in which the same
+ may be, together with the lands and tenements thereunto belonging and
+ together with the jurisdiction of the same.
+
+
+Acts containing appropriations for this class of public works were
+passed in 1791, 1792, 1793, and so on from year to year down to the
+present time; and the tenor of these acts, when examined with reference
+to other parts of the subject, is worthy of special consideration.
+
+It is a remarkable fact that for a period of more than thirty years
+after the adoption of the Constitution all appropriations of this class
+were confined, with scarcely an apparent exception, to the construction
+of light-houses, beacons, buoys, and public piers and the stakage of
+channels; to render navigation "safe and easy," it is true, but only
+by indicating to the navigator obstacles in his way, not by removing
+those obstacles nor in any other respect changing, artificially, the
+preexisting natural condition of the earth and sea. It is obvious,
+however, that works of art for the removal of natural impediments to
+navigation, or to prevent their formation, or for supplying harbors
+where these do not exist, are also means of rendering navigation safe
+and easy, and may in supposable cases be the most efficient, as well as
+the most economical, of such means. Nevertheless, it is not until the
+year 1824 that in an act to improve the navigation of the rivers Ohio
+and Mississippi and in another act making appropriations for deepening
+the channel leading into the harbor of Presque Isle, on Lake Erie, and
+for repairing Plymouth Beach, in Massachusetts Bay, we have any example
+of an appropriation for the improvement of harbors in the nature of
+those provided for in the bill returned by me to the House of
+Representatives.
+
+It appears not probable that the abstinence of Congress in this respect
+is attributable altogether to considerations of economy or to any
+failure to perceive that the removal of an obstacle to navigation might
+be not less useful than the indication of it for avoidance, and it may
+be well assumed that the course of legislation so long pursued was
+induced, in whole or in part, by solicitous consideration in regard to
+the constitutional power over such matters vested in Congress.
+
+One other peculiarity in this course of legislation is not less
+remarkable. It is that when the General Government first took charge of
+lighthouses and beacons it required the works themselves and the lands
+on which they were situated to be ceded to the United States. And
+although for a time this precaution was neglected in the case of new
+works, in the sequel it was provided by general laws that no light-house
+should be constructed on any site previous to the jurisdiction over the
+same being ceded to the United States.
+
+Constitutional authority for the construction and support of many of the
+public works of this nature, it is certain, may be found in the power
+of Congress to maintain a navy and provide for the general defense; but
+their number, and in many instances their location, preclude the idea of
+their being fully justified as necessary and proper incidents of that
+power. And they do not seem susceptible of being referred to any other
+of the specific powers vested in Congress by the Constitution, unless it
+be that to raise revenue in so far as this relates to navigation. The
+practice under all my predecessors in office, the express admissions of
+some of them, and absence of denial by any sufficiently manifest their
+belief that the power to erect light-houses, beacons, and piers is
+possessed by the General Government. In the acts of Congress, as we
+have already seen, the inducement and object of the appropriations
+are expressly declared, those appropriations being for "light-houses,
+beacons, buoys, and public piers" erected or placed "within any bay,
+inlet, harbor, or port of the United States for rendering the navigation
+thereof easy and safe."
+
+If it be contended that this review of the history of appropriations
+of this class leads to the inference that, beyond the purposes of
+national defense and maintenance of a navy, there is authority in the
+Constitution to construct certain works in aid of navigation, it is
+at the same time to be remembered that the conclusions thus deduced
+from cotemporaneous construction and long-continued acquiescence are
+themselves directly suggestive of limitations of constitutionality, as
+well as expediency, regarding the nature and the description of those
+aids to navigation which Congress may provide as incident to the revenue
+power; for at this point controversy begins, not so much as to the
+principle as to its application.
+
+In accordance with long-established legislative usage, Congress may
+construct light-houses and beacons and provide, as it does, other means
+to prevent shipwrecks on the coasts of the United States. But the
+General Government can not go beyond this and make improvements of
+rivers and harbors of the nature and to the degree of all the provisions
+of the bill of the last session of Congress.
+
+To justify such extended power, it has been urged that if it be
+constitutional to appropriate money for the purpose of pointing out,
+by the construction of light-houses or beacons, where an obstacle to
+navigation exists, it is equally so to remove such obstacle or to avoid
+it by the creation of an artificial channel; that if the object be
+lawful, then the means adopted solely with reference to the end must
+be lawful, and that therefore it is not material, constitutionally
+speaking, whether a given obstruction to navigation be indicated for
+avoidance or be actually avoided by excavating a new channel; that if
+it be a legitimate object of expenditure to preserve a ship from wreck
+by means of a beacon or of revenue cutters, it must be not less so
+to provide places of safety by the improvement of harbors, or, where
+none exist, by their artificial construction; and thence the argument
+naturally passes to the propriety of improving rivers for the benefit
+of internal navigation, because all these objects are of more or less
+importance to the commercial as well as the naval interests of the
+United States.
+
+The answer to all this is that the question of opening speedy and easy
+communication to and through all parts of the country is substantially
+the same, whether done by land or water; that the uses of roads and
+canals in facilitating commercial intercourse and uniting by community
+of interests the most remote quarters of the country by land
+communication are the same in their nature as the uses of navigable
+waters; and that therefore the question of the facilities and aids to
+be provided to navigation, by whatsoever means, is but a subdivision of
+the great question of the constitutionality and expediency of internal
+improvements by the General Government. In confirmation of this it is to
+be remarked that one of the most important acts of appropriation of this
+class, that of the year 1833, under the Administration of President
+Jackson, by including together and providing for in one bill as well
+river and harbor works as road works, impliedly recognizes the fact that
+they are alike branches of the same great subject of internal
+improvements.
+
+As the population, territory, and wealth of the country increased and
+settlements extended into remote regions, the necessity for additional
+means of communication impressed itself upon all minds with a force
+which had not been experienced at the date of the formation of the
+Constitution, and more and more embarrassed those who were most anxious
+to abstain scrupulously from any exercise of doubtful power. Hence the
+recognition in the messages of Presidents Jefferson, Madison, and Monroe
+of the eminent desirableness of such works, with admission that some of
+them could lawfully and should be conducted by the General Government,
+but with obvious uncertainty of opinion as to the line between such
+as are constitutional and such as are not, such as ought to receive
+appropriations from Congress and such as ought to be consigned to
+private enterprise or the legislation of the several States.
+
+This uncertainty has not been removed by the practical working of our
+institutions in later times; for although the acquisition of additional
+territory and the application of steam to the propulsion of vessels have
+greatly magnified the importance of internal commerce, this fact has at
+the same time complicated the question of the power of the General
+Government over the present subject.
+
+In fine, a careful review of the opinions of all my predecessors and of
+the legislative history of the country does not indicate any fixed rule
+by which to decide what, of the infinite variety of possible river and
+harbor improvements, are within the scope of the power delegated by
+the Constitution; and the question still remains unsettled. President
+Jackson conceded the constitutionality, under suitable circumstances, of
+the improvement of rivers and harbors through the agency of Congress,
+and President Polk admitted the propriety of the establishment and
+support by appropriations from the Treasury of light-houses, beacons,
+buoys, and other improvements within the bays, inlets, and harbors of
+the ocean and lake coasts immediately connected with foreign commerce.
+
+But if the distinction thus made rests upon the differences between
+foreign and domestic commerce it can not be restricted thereby to the
+bays, inlets, and harbors of the oceans and lakes, because foreign
+commerce has already penetrated thousands of miles into the interior
+of the continent by means of our great rivers, and will continue so to
+extend itself with the progress of settlement until it reaches the limit
+of navigability.
+
+At the time of the adoption of the Constitution the vast Valley of the
+Mississippi, now teeming with population and supplying almost boundless
+resources, was literally an unexplored wilderness. Our advancement has
+outstripped even the most sanguine anticipations of the fathers of
+the Republic, and it illustrates the fact that no rule is admissible
+which undertakes to discriminate, so far as regards river and harbor
+improvements, between the Atlantic or Pacific coasts and the great lakes
+and rivers of the interior regions of North America. Indeed, it is quite
+erroneous to suppose that any such discrimination has ever existed
+in the practice of the Government. To the contrary of which is the
+significant fact, before stated, that when, after abstaining from all
+such appropriations for more than thirty years, Congress entered upon
+the policy of improving the navigation of rivers and harbors, it
+commenced with the rivers Mississippi and Ohio.
+
+The Congress of the Union, adopting in this respect one of the ideas of
+that of the Confederation, has taken heed to declare from time to time,
+as occasion required, either in acts for disposing of the public lands
+in the Territories or in acts for admitting new States, that all
+navigable rivers within the same "shall be deemed to be and remain
+public highways."
+
+Out of this condition of things arose a question which at successive
+periods of our public annals has occupied the attention of the best
+minds in the Union. This question is, What waters are public navigable
+waters, so as not to be of State character and jurisdiction, but of
+Federal jurisdiction and character, in the intent of the Constitution
+and of Congress? A proximate, but imperfect, answer to this important
+question is furnished by the acts of Congress and the decisions of the
+Supreme Court of the United States defining the constitutional limits of
+the maritime jurisdiction of the General Government. That jurisdiction
+is entirely independent of the revenue power. It is not derived from
+that, nor is it measured thereby.
+
+In that act of Congress which, in the first year of the Government,
+organized our judicial system, and which, whether we look to the
+subject, the comprehensive wisdom with which it was treated, or the
+deference with which its provisions have come to be regarded, is only
+second to the Constitution itself, there is a section in which the
+statesmen who framed the Constitution have placed on record their
+construction of it in this matter. It enacts that the district courts of
+the United States "shall have exclusive cognizance of all civil cases
+of admiralty and maritime jurisdiction, including all seizures under
+the law of impost, navigation, or trade of the United States, when the
+seizures are made on waters which are navigable from the sea by vessels
+of 10 or more tons burden, within their respective districts, as well
+as upon the high seas." In this cotemporaneous exposition of the
+Constitution there is no trace or suggestion that nationality of
+jurisdiction is limited to the sea, or even to tide waters. The law is
+marked by a sagacious apprehension of the fact that the Great Lakes
+and the Mississippi were navigable waters of the United States even
+then, before the acquisition of Louisiana had made wholly our own the
+territorial greatness of the West. It repudiates unequivocally the rule
+of the common law, according to which the question of whether a water
+is public navigable water or not depends on whether it is salt or not,
+and therefore, in a river, confines that quality to tide water--a rule
+resulting from the geographical condition of England and applicable to
+an island, with small and narrow streams, the only navigable portion of
+which, for ships, is in immediate contact with the ocean, but wholly
+inapplicable to the great inland fresh-water seas of America and its
+mighty rivers, with secondary branches exceeding in magnitude the
+largest rivers of Great Britain.
+
+At a later period it is true that, in disregard of the more
+comprehensive definition of navigability afforded by that act of
+Congress, it was for a time held by many that the rule established for
+England was to be received in the United States, the effect of which was
+to exclude from the jurisdiction of the General Government not only the
+waters of the Mississippi, but also those of the Great Lakes. To this
+construction it was with truth objected that, in so far as concerns the
+lakes, they are in fact seas, although of freshwater; that they are the
+natural marine communications between a series of populous States and
+between them and the possessions of a foreign nation; that they are
+actually navigated by ships of commerce of the largest capacity; that
+they had once been and might again be the scene of foreign war; and that
+therefore it was doing violence to all reason to undertake by means of
+an arbitrary doctrine of technical foreign law to exclude such waters
+from the jurisdiction of the General Government. In regard to the river
+Mississippi, it was objected that to draw a line across that river at
+the point of ebb and flood of tide, and say that the part below was
+public navigable water and the part above not, while in the latter the
+water was at least equally deep and navigable and its commerce as rich
+as in the former, with numerous ports of foreign entry and delivery, was
+to sanction a distinction artificial and unjust, because regardless of
+the real fact of navigability.
+
+We may conceive that some such considerations led to the enactment in
+the year 1845 of an act in addition to that of 1789, declaring that--
+
+
+ The district courts of the United States shall have, possess, and
+ exercise the same jurisdiction in matters of contract and tort arising
+ in, upon, or concerning steamboats and other vessels of 20 tons burden
+ and upward, enrolled and licensed for the coasting trade and at the time
+ employed in business of commerce and navigation between ports and places
+ in different States and Territories upon the lakes and navigable waters
+ connecting said lakes, as is now possessed and exercised by the said
+ courts in cases of the like steamboats and other vessels employed in
+ navigation and commerce upon the high seas or tide waters within the
+ admiralty and maritime jurisdiction of the United States.
+
+
+It is observable that the act of 1789 applies the jurisdiction of the
+United States to all "waters which are navigable from the sea" for
+vessels of 10 tons burden, and that of 1845 extends the jurisdiction to
+enrolled vessels of 20 tons burden, on the lakes and navigable waters
+connecting said lakes, though not waters navigable from the sea,
+provided such vessels be employed between places in different States and
+Territories.
+
+Thus it appears that these provisions of law in effect prescribe
+conditions by which to determine whether any waters are public navigable
+waters, subject to the authority of the Federal Government. The
+conditions include all waters, whether salt or fresh, and whether of
+sea, lake, or river, provided they be capable of navigation by vessels
+of a certain tonnage, and for commerce either between the United States
+and foreign countries or between any two or more of the States or
+Territories of the Union. This excludes water wholly within any
+particular State, and not used as the means of commercial communication
+with any other State, and subject to be improved or obstructed at will
+by the State within which it may happen to be.
+
+The constitutionality of these provisions of statute has been called
+in question. Their constitutionality has been maintained, however,
+by repeated decisions of the Supreme Court of the United States, and
+they are therefore the law of the land by the concurrent act of the
+legislative, the executive, and the judicial departments of the
+Government. Regarded as affording a criterion of what is navigable
+water, and as such subject to the maritime jurisdiction of the Supreme
+Court and of Congress, these acts are objectionable in this, that the
+rule of navigability is an arbitrary one, that Congress may repeal
+the present rule and adopt a new one, and that thus a legislative
+definition will be able to restrict or enlarge the limits of
+constitutional power. Yet this variableness of standard seems inherent
+in the nature of things. At any rate, neither the First Congress,
+composed of the statesmen of the era when the Constitution was adopted,
+nor any subsequent Congress has afforded us the means of attaining
+greater precision of construction as to this part of the Constitution.
+
+This reflection may serve to relieve from undeserved reproach an
+idea of one of the greatest men of the Republic--President Jackson.
+He, seeking amid all the difficulties of the subject for some practical
+rule of action in regard to appropriations for the improvement of rivers
+and harbors, prescribed for his own official conduct the rule of
+confining such appropriations to "places below the ports of entry or
+delivery established by law." He saw clearly, as the authors of the
+above-mentioned acts of 1789 and 1845 did, that there is no inflexible
+natural line of discrimination between what is national and what local
+by means of which to determine absolutely and unerringly at what point
+on a river the jurisdiction of the United States shall end. He
+perceived, and of course admitted, that the Constitution, while
+conferring on the General Government some power of action to render
+navigation safe and easy, had of necessity left to Congress much of
+discretion in this matter. He confided in the patriotism of Congress to
+exercise that discretion wisely, not permitting himself to suppose it
+possible that a port of entry or delivery would ever be established by
+law for the express and only purpose of evading the Constitution.
+
+It remains, therefore, to consider the question of the measure of
+discretion in the exercise by Congress of the power to provide for the
+improvement of rivers and harbors, and also that of the legitimate
+responsibility of the Executive in the same relation.
+
+In matters of legislation of the most unquestionable constitutionality
+it is always material to consider what amount of public money shall be
+appropriated for any particular object. The same consideration applies
+with augmented force to a class of appropriations which are in their
+nature peculiarly prone to run to excess, and which, being made in the
+exercise of incidental powers, have intrinsic tendency to overstep the
+bounds of constitutionality.
+
+If an appropriation for improving the navigability of a river or
+deepening or protecting a harbor have reference to military or naval
+purposes, then its rightfulness, whether in amount or in the objects
+to which it is applied, depends, manifestly, on the military or naval
+exigency; and the subject-matter affords its own measure of legislative
+discretion. But if the appropriation for such an object have no distinct
+relation to the military or naval wants of the country, and is wholly,
+or even mainly, intended to promote the revenue from commerce, then the
+very vagueness of the proposed purpose of the expenditure constitutes
+a perpetual admonition of reserve and caution. Through disregard of
+this it is undeniable that in many cases appropriations of this nature
+have been made unwisely, without accomplishing beneficial results
+commensurate with the cost, and sometimes for evil rather than good,
+independently of their dubious relation to the Constitution.
+
+Among the radical changes of the course of legislation in these matters
+which, in my judgment, the public interest demands, one is a return to
+the primitive idea of Congress, which required in this class of public
+works, as in all others, a conveyance of the soil and a cession of the
+jurisdiction to the United States. I think this condition ought never to
+have been waived in the case of any harbor improvement of a permanent
+nature, as where piers, jetties, sea walls, and other like works are to
+be constructed and maintained. It would powerfully tend to counteract
+endeavors to obtain appropriations of a local character and chiefly
+calculated to promote individual interests. The want of such a provision
+is the occasion of abuses in regard to existing works, exposing them to
+private encroachment without sufficient means of redress by law. Indeed,
+the absence in such cases of a cession of jurisdiction has constituted
+one of the constitutional objections to appropriations of this class.
+It is not easy to perceive any sufficient reason for requiring it in
+the case of arsenals or forts which does not equally apply to all other
+public works. If to be constructed and maintained by Congress in the
+exercise of a constitutional power of appropriation, they should be
+brought within the jurisdiction of the United States.
+
+There is another measure of precaution in regard to such appropriations
+which seems to me to be worthy of the consideration of Congress. It is
+to make appropriation for every work in a separate bill, so that each
+one shall stand on its own independent merits, and if it pass shall
+do so under circumstances of legislative scrutiny entitling it to be
+regarded as of general interest and a proper subject of charge on the
+Treasury of the Union.
+
+During that period of time in which the country had not come to look to
+Congress for appropriations of this nature several of the States whose
+productions or geographical position invited foreign commerce had
+entered upon plans for the improvement of their harbors by themselves
+and through means of support drawn directly from that commerce, in
+virtue of an express constitutional power, needing for its exercise
+only the permission of Congress. Harbor improvements thus constructed
+and maintained, the expenditures upon them being defrayed by the very
+facilities they afford, are a voluntary charge on those only who see fit
+to avail themselves of such facilities, and can be justly complained of
+by none. On the other hand, so long as these improvements are carried on
+by appropriations from the Treasury the benefits will continue to inure
+to those alone who enjoy the facilities afforded, while the expenditure
+will be a burden upon the whole country and the discrimination a double
+injury to places equally requiring improvement, but not equally favored
+by appropriations.
+
+These considerations, added to the embarrassments of the whole question,
+amply suffice to suggest the policy of confining appropriations by the
+General Government to works necessary to the execution of its undoubted
+powers and of leaving all others to individual enterprise or to the
+separate States, to be provided for out of their own resources or by
+recurrence to the provision of the Constitution which authorizes the
+States to lay duties of tonnage with the consent of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATIONS.
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas information has been received by me that an unlawful expedition
+has been fitted out in the State of California with a view to invade
+Mexico, a nation maintaining friendly relations with the United States,
+and that other expeditions are organizing within the United States for
+the same unlawful purpose; and
+
+Whereas certain citizens and inhabitants of this country, unmindful
+of their obligations and duties and of the rights of a friendly power,
+have participated and are about to participate in these enterprises,
+so derogatory to our national character and so threatening to our
+tranquillity, and are thereby incurring the severe penalties imposed
+by law against such offenders:
+
+Now, therefore, I, Franklin Pierce, President of the United States,
+have issued this my proclamation, warning all persons who shall connect
+themselves with any such enterprise or expedition that the penalties
+of the law denounced against such criminal conduct will be rigidly
+enforced; and I exhort all good citizens, as they regard our national
+character, as they respect our laws or the law of nations, as they
+value the blessings of peace and the welfare of their country,
+to discountenance and by all lawful means prevent such criminal
+enterprises; and I call upon all officers of this Government, civil
+and military, to use any efforts which may be in their power to arrest
+for trial and punishment every such offender.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+this 18th day of January, A.D. 1854, and the seventy-eighth of the
+Independence of the United States.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas information has been received that sundry persons, citizens of
+the United States and others residing therein, are engaged in organizing
+and fitting out a military expedition for the invasion of the island of
+Cuba; and
+
+Whereas the said undertaking is contrary to the spirit and express
+stipulations of treaties between the United States and Spain, derogatory
+to the character of this nation, and in violation of the obvious duties
+and obligations of faithful and patriotic citizens; and
+
+Whereas it is the duty of the constituted authorities of the United
+States to hold and maintain the control of the great question of peace
+or war, and not suffer the same to be lawlessly complicated under any
+pretense whatever; and
+
+Whereas to that end all private enterprises of a hostile character
+within the United States against any foreign power with which the United
+States are at peace are forbidden and declared to be a high misdemeanor
+by an express act of Congress:
+
+Now, therefore, in virtue of the authority vested by the Constitution in
+the President of the United States, I do issue this proclamation to warn
+all persons that the General Government claims it as a right and duty to
+interpose itself for the honor of its flag, the rights of its citizens,
+the national security, and the preservation of the public tranquillity,
+from whatever quarter menaced, and it will not fail to prosecute with
+due energy all those who, unmindful of their own and their country's
+fame, presume thus to disregard the laws of the land and our treaty
+obligations.
+
+I earnestly exhort all good citizens to discountenance and prevent any
+movement in conflict with law and national faith, especially charging
+the several district attorneys, collectors, and other officers of the
+United States, civil or military, having lawful power in the premises,
+to exert the same for the purpose of maintaining the authority and
+preserving the peace of the United States.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+the 31st day of May, A.D. 1854, and the seventy-eighth of the
+Independence Of the United States.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 4_, _1854_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The past has been an eventful year, and will be hereafter referred to as
+a marked epoch in the history of the world. While we have been happily
+preserved from the calamities of war, our domestic prosperity has not
+been entirely uninterrupted. The crops in portions of the country have
+been nearly cut off. Disease has prevailed to a greater extent than
+usual, and the sacrifice of human life through casualties by sea and
+land is without parallel. But the pestilence has swept by, and restored
+salubrity invites the absent to their homes and the return of business
+to its ordinary channels. If the earth has rewarded the labor of the
+husbandman less bountifully than in preceding seasons, it has left him
+with abundance for domestic wants and a large surplus for exportation.
+In the present, therefore, as in the past, we find ample grounds for
+reverent thankfulness to the God of grace and providence for His
+protecting care and merciful dealings with us as a people.
+
+Although our attention has been arrested by painful interest in passing
+events, yet our country feels no more than the slight vibrations of the
+convulsions which have shaken Europe. As individuals we can not repress
+sympathy with human suffering nor regret for the causes which produce
+it; as a nation we are reminded that whatever interrupts the peace or
+checks the prosperity of any part of Christendom tends more or less
+to involve our own. The condition of States is not unlike that of
+individuals; they are mutually dependent upon each other. Amicable
+relations between them and reciprocal good will are essential for the
+promotion of whatever is desirable in their moral, social, and political
+condition. Hence it has been my earnest endeavor to maintain peace and
+friendly intercourse with all nations.
+
+The wise theory of this Government, so early adopted and steadily
+pursued, of avoiding all entangling alliances has hitherto exempted
+it from many complications in which it would otherwise have become
+involved. Notwithstanding this our clearly defined and well-sustained
+course of action and our geographical position, so remote from Europe,
+increasing disposition has been manifested by some of its Governments to
+supervise and in certain respects to direct our foreign policy. In plans
+for adjusting the balance of power among themselves they have assumed to
+take us into account, and would constrain us to conform our conduct to
+their views. One or another of the powers of Europe has from time to
+time undertaken to enforce arbitrary regulations contrary in many
+respects to established principles of international law. That law the
+United States have in their foreign intercourse uniformly respected and
+observed, and they can not recognize any such interpolations therein as
+the temporary interests of others may suggest. They do not admit that
+the sovereigns of one continent or of a particular community of states
+can legislate for all others.
+
+Leaving the transatlantic nations to adjust their political system in
+the way they may think best for their common welfare, the independent
+powers of this continent may well assert the right to be exempt from all
+annoying interference on their part. Systematic abstinence from intimate
+political connection with distant foreign nations does not conflict with
+giving the widest range to our foreign commerce. This distinction, so
+clearly marked in history, seems to have been overlooked or disregarded
+by some leading foreign states. Our refusal to be brought within and
+subjected to their peculiar system has, I fear, created a jealous
+distrust of our conduct and induced on their part occasional acts of
+disturbing effect upon our foreign relations. Our present attitude and
+past course give assurances, which should not be questioned, that our
+purposes are not aggressive nor threatening to the safety and welfare of
+other nations. Our military establishment in time of peace is adapted to
+maintain exterior defenses and to preserve order among the aboriginal
+tribes within the limits of the Union. Our naval force is intended only
+for the protection of our citizens abroad and of our commerce, diffused,
+as it is, over all the seas of the globe. The Government of the United
+States, being essentially pacific in policy, stands prepared to repel
+invasion by the voluntary service of a patriotic people, and provides no
+permanent means of foreign aggression. These considerations should allay
+all apprehension that we are disposed to encroach on the rights or
+endanger the security of other states.
+
+Some European powers have regarded with disquieting concern the
+territorial expansion of the United States. This rapid growth has
+resulted from the legitimate exercise of sovereign rights belonging
+alike to all nations, and by many liberally exercised. Under such
+circumstances it could hardly have been expected that those among them
+which have within a comparatively recent period subdued and absorbed
+ancient kingdoms, planted their standards on every continent, and now
+possess or claim the control of the islands of every ocean as their
+appropriate domain would look with unfriendly sentiments upon the
+acquisitions of this country, in every instance honorably obtained, or
+would feel themselves justified in imputing our advancement to a spirit
+of aggression or to a passion for political predominance.
+
+Our foreign commerce has reached a magnitude and extent nearly equal to
+that of the first maritime power of the earth, and exceeding that of any
+other. Over this great interest, in which not only our merchants, but
+all classes of citizens, at least indirectly, are concerned, it is
+the duty of the executive and legislative branches of the Government
+to exercise a careful supervision and adopt proper measures for its
+protection. The policy which I had in view in regard to this interest
+embraces its future as well as its present security. Long experience has
+shown that, in general, when the principal powers of Europe are engaged
+in war the rights of neutral nations are endangered. This consideration
+led, in the progress of the War of our Independence, to the formation of
+the celebrated confederacy of armed neutrality, a primary object of
+which was to assert the doctrine that free ships make free goods, except
+in the case of articles contraband of war--a doctrine which from the
+very commencement of our national being has been a cherished idea of the
+statesmen of this country. At one period or another every maritime power
+has by some solemn treaty stipulation recognized that principle, and it
+might have been hoped that it would come to be universally received and
+respected as a rule of international law. But the refusal of one power
+prevented this, and in the next great war which ensued--that of the
+French Revolution--it failed to be respected among the belligerent
+States of Europe. Notwithstanding this, the principle is generally
+admitted to be a sound and salutary one, so much so that at the
+commencement of the existing war in Europe Great Britain and France
+announced their purpose to observe it for the present; not, however, as
+a recognized international right, but as a mere concession for the time
+being. The cooperation, however, of these two powerful maritime nations
+in the interest of neutral rights appeared to me to afford an occasion
+inviting and justifying on the part of the United States a renewed
+effort to make the doctrine in question a principle of international
+law, by means of special conventions between the several powers of
+Europe and America. Accordingly, a proposition embracing not only the
+rule that free ships make free goods, except contraband articles, but
+also the less contested one that neutral property other than contraband,
+though on board enemy's ships, shall be exempt from confiscation, has
+been submitted by this Government to those of Europe and America.
+
+Russia acted promptly in this matter, and a convention was concluded
+between that country and the United States providing for the observance
+of the principles announced, not only as between themselves, but also
+as between them and all other nations which shall enter into like
+stipulations. None of the other powers have as yet taken final action on
+the subject. I am not aware, however, that any objection to the proposed
+stipulations has been made, but, on the contrary, they are acknowledged
+to be essential to the security of neutral commerce, and the only
+apparent obstacle to their general adoption is in the possibility that
+it may be encumbered by inadmissible conditions.
+
+The King of the Two Sicilies has expressed to our minister at Naples his
+readiness to concur in our proposition relative to neutral rights and to
+enter into a convention on that subject.
+
+The King of Prussia entirely approves of the project of a treaty to
+the same effect submitted to him, but proposes an additional article
+providing for the renunciation of privateering. Such an article,
+for most obvious reasons, is much desired by nations having naval
+establishments large in proportion to their foreign commerce. If it
+were adopted as an international rule, the commerce of a nation having
+comparatively a small naval force would be very much at the mercy of its
+enemy in case of war with a power of decided naval superiority. The bare
+statement of the condition in which the United States would be placed,
+after having surrendered the right to resort to privateers, in the
+event of war with a belligerent of naval supremacy will show that this
+Government could never listen to such a proposition. The navy of the
+first maritime power in Europe is at least ten times as large as that of
+the United States. The foreign commerce of the two countries is nearly
+equal, and about equally exposed to hostile depredations. In war between
+that power and the United States, without resort on our part to our
+mercantile marine the means of our enemy to inflict injury upon our
+commerce would be tenfold greater than ours to retaliate. We could not
+extricate our country from this unequal condition, with such an enemy,
+unless we at once departed from our present peaceful policy and became a
+great naval power. Nor would this country be better situated in war with
+one of the secondary naval powers. Though the naval disparity would be
+less, the greater extent and more exposed condition of our widespread
+commerce would give any of them a like advantage over us.
+
+The proposition to enter into engagements to forego a resort to
+privateers in case this country should be forced into war with a great
+naval power is not entitled to more favorable consideration than would
+be a proposition to agree not to accept the services of volunteers for
+operations on land. When the honor or the rights of our country require
+it to assume a hostile attitude, it confidently relies upon the
+patriotism of its citizens, not ordinarily devoted to the military
+profession, to augment the Army and the Navy so as to make them fully
+adequate to the emergency which calls them into action. The proposal to
+surrender the right to employ privateers is professedly founded upon the
+principle that private property of unoffending noncombatants, though
+enemies, should be exempt from the ravages of war; but the proposed
+surrender goes but little way in carrying out that principle, which
+equally requires that such private property should not be seized or
+molested by national ships of war. Should the leading powers of Europe
+concur in proposing as a rule of international law to exempt private
+property upon the ocean from seizure by public armed cruisers as well
+as by privateers, the United States will readily meet them upon that
+broad ground.
+
+Since the adjournment of Congress the ratifications of the treaty
+between the United States and Great Britain relative to coast fisheries
+and to reciprocal trade with the British North American Provinces have
+been exchanged, and some of its anticipated advantages are already
+enjoyed by us, although its full execution was to abide certain acts of
+legislation not yet fully performed. So soon as it was ratified Great
+Britain opened to our commerce the free navigation of the river St.
+Lawrence and to our fishermen unmolested access to the shores and bays,
+from which they had been previously excluded, on the coasts of her North
+American Provinces; in return for which she asked for the introduction
+free of duty into the ports of the United States of the fish caught
+on the same coast by British fishermen. This being the compensation
+stipulated in the treaty for privileges of the highest importance and
+value to the United States, which were thus voluntarily yielded before
+it became effective, the request seemed to me to be a reasonable one;
+but it could not be acceded to from want of authority to suspend our
+laws imposing duties upon all foreign fish. In the meantime the Treasury
+Department issued a regulation for ascertaining the duties paid or
+secured by bonds on fish caught on the coasts of the British Provinces
+and brought to our markets by British subjects after the fishing grounds
+had been made fully accessible to the citizens of the United States.
+I recommend to your favorable consideration a proposition, which will
+be submitted to you, for authority to refund the duties and cancel the
+bonds thus received. The Provinces of Canada and New Brunswick have
+also anticipated the full operation of the treaty by legislative
+arrangements, respectively, to admit free of duty the products of
+the United States mentioned in the free list of the treaty; and an
+arrangement similar to that regarding British fish has been made for
+duties now chargeable on the products of those Provinces enumerated in
+the same free list and introduced therefrom into the United States, a
+proposition for refunding which will, in my judgment, be in like manner
+entitled to your favorable consideration.
+
+There is difference of opinion between the United States and Great
+Britain as to the boundary line of the Territory of Washington adjoining
+the British possessions on the Pacific, which has already led to
+difficulties on the part of the citizens and local authorities of the
+two Governments. I recommend that provision be made for a commission,
+to be joined by one on the part of Her Britannic Majesty, for the
+purpose of running and establishing the line in controversy. Certain
+stipulations of the third and fourth articles of the treaty concluded by
+the United States and Great Britain in 1846, regarding possessory rights
+of the Hudsons Bay Company and property of the Pugets Sound Agricultural
+Company, have given rise to serious disputes, and it is important to
+all concerned that summary means of settling them amicably should be
+devised. I have reason to believe that an arrangement can be made on
+just terms for the extinguishment of the rights in question, embracing
+also the right of the Hudsons Bay Company to the navigation of the river
+Columbia; and I therefore suggest to your consideration the expediency
+of making a contingent appropriation for that purpose.
+
+France was the early and efficient ally of the United States in
+their struggle for independence. From that time to the present, with
+occasional slight interruptions, cordial relations of friendship have
+existed between the Governments and people of the two countries. The
+kindly sentiments cherished alike by both nations have led to extensive
+social and commercial intercourse, which I trust will not be interrupted
+or checked by any casual event of an apparently unsatisfactory
+character. The French consul at San Francisco was not long since brought
+into the United States district court at that place by compulsory
+process as a witness in favor of another foreign consul, in violation,
+as the French Government conceives, of his privileges under our consular
+convention with France. There being nothing in the transaction which
+could imply any disrespect to France or its consul, such explanation
+has been made as, I hope, will be satisfactory. Subsequently
+misunderstanding arose on the subject of the French Government having,
+as it appeared, abruptly excluded the American minister to Spain from
+passing through France on his way from London to Madrid. But that
+Government has unequivocally disavowed any design to deny the right of
+transit to the minister of the United States, and after explanations to
+this effect he has resumed his journey and actually returned through
+France to Spain. I herewith lay before Congress the correspondence on
+this subject between our envoy at Paris and the minister of foreign
+relations of the French Government.
+
+The position of our affairs with Spain remains as at the close of the
+last session. Internal agitation, assuming very nearly the character
+of political revolution, has recently convulsed that country. The late
+ministers were violently expelled from power, and men of very different
+views in relation to its internal affairs have succeeded. Since this
+change there has been no propitious opportunity to resume and press
+on negotiations for the adjustment of serious questions of difficulty
+between the Spanish Government and the United States. There is reason
+to believe that our minister will find the present Government more
+favorably inclined than the preceding to comply with our just demands
+and to make suitable arrangements for restoring harmony and preserving
+peace between the two countries.
+
+Negotiations are pending with Denmark to discontinue the practice of
+levying tolls on our vessels and their cargoes passing through the
+Sound. I do not doubt that we can claim exemption therefrom as a matter
+of right. It is admitted on all hands that this exaction is sanctioned,
+not by the general principles of the law of nations, but only by special
+conventions which most of the commercial nations have entered into with
+Denmark. The fifth article of our treaty of 1826 with Denmark provides
+that there shall not be paid on the vessels of the United States and
+their cargoes when passing through the Sound higher duties than those of
+the most favored nations. This may be regarded as an implied agreement
+to submit to the tolls during the continuance of the treaty, and
+consequently may embarrass the assertion of our right to be released
+therefrom. There are also other provisions in the treaty which ought to
+be modified. It was to remain in force for ten years and until one year
+after either party should give notice to the other of intention to
+terminate it. I deem it expedient that the contemplated notice should
+be given to the Government of Denmark.
+
+The naval expedition dispatched about two years since for the purpose
+of establishing relations with the Empire of Japan has been ably and
+skillfully conducted to a successful termination by the officer to whom
+it was intrusted. A treaty opening certain of the ports of that populous
+country has been negotiated, and in order to give full effect thereto it
+only remains to exchange ratifications and adopt requisite commercial
+regulations.
+
+The treaty lately concluded between the United States and Mexico settled
+some of our most embarrassing difficulties with that country, but
+numerous claims upon it for wrongs and injuries to our citizens remained
+unadjusted, and many new cases have been recently added to the former
+list of grievances. Our legation has been earnest in its endeavors to
+obtain from the Mexican Government a favorable consideration of these
+claims, but hitherto without success. This failure is probably in some
+measure to be ascribed to the disturbed condition of that country.
+It has been my anxious desire to maintain friendly relations with
+the Mexican Republic and to cause its rights and territories to be
+respected, not only by our citizens, but by foreigners who have resorted
+to the United States for the purpose of organizing hostile expeditions
+against some of the States of that Republic. The defenseless condition
+in which its frontiers have been left has stimulated lawless adventurers
+to embark in these enterprises and greatly increased the difficulty of
+enforcing our obligations of neutrality. Regarding it as my solemn duty
+to fulfill efficiently these obligations, not only toward Mexico, but
+other foreign nations, I have exerted all the powers with which I am
+invested to defeat such proceedings and bring to punishment those who by
+taking a part therein violated our laws. The energy and activity of our
+civil and military authorities have frustrated the designs of those who
+meditated expeditions of this character except in two instances. One of
+these, composed of foreigners, was at first countenanced and aided by
+the Mexican Government itself, it having been deceived as to their
+real object. The other, small in number, eluded the vigilance of the
+magistrates at San Francisco and succeeded in reaching the Mexican
+territories; but the effective measures taken by this Government
+compelled the abandonment of the undertaking.
+
+The commission to establish the new line between the United States and
+Mexico, according to the provisions of the treaty of the 30th of
+December last, has been organized, and the work is already commenced.
+
+Our treaties with the Argentine Confederation and with the Republics of
+Uruguay and Paraguay secure to us the free navigation of the river La
+Plata and some of its larger tributaries, but the same success has not
+attended our endeavors to open the Amazon. The reasons in favor of the
+free use of that river I had occasion to present fully in a former
+message, and, considering the cordial relations which have long existed
+between this Government and Brazil, it may be expected that pending
+negotiations will eventually reach a favorable result.
+
+Convenient means of transit between the several parts of a country
+are not only desirable for the objects of commercial and personal
+communication, but essential to its existence under one government.
+Separated, as are the Atlantic and Pacific coasts of the United States,
+by the whole breadth of the continent, still the inhabitants of each
+are closely bound together by community of origin and institutions and
+by strong attachment to the Union. Hence the constant and increasing
+intercourse and vast interchange of commercial productions between
+these remote divisions of the Republic. At the present time the most
+practicable and only commodious routes for communication between them
+are by the way of the isthmus of Central America. It is the duty of the
+Government to secure these avenues against all danger of interruption.
+
+In relation to Central America, perplexing questions existed between
+the United States and Great Britain at the time of the cession of
+California. These, as well as questions which subsequently arose
+concerning interoceanic communication across the Isthmus, were,
+as it was supposed, adjusted by the treaty of April 19, 1850, but,
+unfortunately, they have been reopened by serious misunderstanding as
+to the import of some of its provisions, a readjustment of which is now
+under consideration. Our minister at London has made strenuous efforts
+to accomplish this desirable object, but has not yet found it possible
+to bring the negotiations to a termination.
+
+As incidental to these questions, I deem it proper to notice an
+occurrence which happened in Central America near the close of the
+last session of Congress. So soon as the necessity was perceived of
+establishing interoceanic communications across the Isthmus a company
+was organized, under the authority of the State of Nicaragua, but
+composed for the most part of citizens of the United States, for the
+purpose of opening such a transit way by the river San Juan and Lake
+Nicaragua, which soon became an eligible and much used route in the
+transportation of our citizens and their property between the Atlantic
+and Pacific. Meanwhile, and in anticipation of the completion and
+importance of this transit way, a number of adventurers had taken
+possession of the old Spanish port at the mouth of the river San Juan
+in open defiance of the State or States of Central America, which
+upon their becoming independent had rightfully succeeded to the local
+sovereignty and jurisdiction of Spain. These adventurers undertook to
+change the name of the place from San Juan del Norte to Greytown, and
+though at first pretending to act as the subjects of the fictitious
+sovereign of the Mosquito Indians, they subsequently repudiated the
+control of any power whatever, assumed to adopt a distinct political
+organization, and declared themselves an independent sovereign state.
+If at some time a faint hope was entertained that they might become
+a stable and respectable community, that hope soon vanished. They
+proceeded to assert unfounded claims to civil jurisdiction over Punta
+Arenas, a position on the opposite side of the river San Juan, which was
+in possession, under a title wholly independent of them, of citizens of
+the United States interested in the Nicaragua Transit Company, and which
+was indispensably necessary to the prosperous operation of that route
+across the Isthmus. The company resisted their groundless claims,
+whereupon they proceeded to destroy some of its buildings and attempted
+violently to dispossess it.
+
+At a later period they organized a strong force for the purpose of
+demolishing the establishment at Punta Arenas, but this mischievous
+design was defeated by the interposition of one of our ships of war at
+that time in the harbor of San Juan. Subsequently to this, in May last,
+a body of men from Greytown crossed over to Punta Arenas, arrogating
+authority to arrest on the charge of murder a captain of one of the
+steamboats of the Transit Company. Being well aware that the claim to
+exercise jurisdiction there would be resisted then, as it had been on
+previous occasions, they went prepared to assert it by force of arms.
+Our minister to Central America happened to be present on that occasion.
+Believing that the captain of the steamboat was innocent (for he
+witnessed the transaction on which the charge was founded), and
+believing also that the intruding party, having no jurisdiction over
+the place where they proposed to make the arrest, would encounter
+desperate resistance if they persisted in their purpose, he interposed,
+effectually, to prevent violence and bloodshed. The American minister
+afterwards visited Greytown, and whilst he was there a mob, including
+certain of the so-called public functionaries of the place, surrounded
+the house in which he was, avowing that they had come to arrest him by
+order of some person exercising the chief authority. While parleying
+with them he was wounded by a missile from the crowd. A boat dispatched
+from the American steamer _Northern Light_ to release him from the
+perilous situation in which he was understood to be was fired into by
+the town guard and compelled to return. These incidents, together with
+the known character of the population of Greytown and their excited
+state, induced just apprehensions that the lives and property of our
+citizens at Punta Arenas would be in imminent danger after the departure
+of the steamer, with her passengers, for New York, unless a guard was
+left for their protection. For this purpose, and in order to insure the
+safety of passengers and property passing over the route, a temporary
+force was organized, at considerable expense to the United States, for
+which provision was made at the last session of Congress.
+
+This pretended community, a heterogeneous assemblage gathered from
+various countries, and composed for the most part of blacks and persons
+of mixed blood, had previously given other indications of mischievous
+and dangerous propensities. Early in the same month property was
+clandestinely abstracted from the depot of the Transit Company and taken
+to Greytown. The plunderers obtained shelter there and their pursuers
+were driven back by its people, who not only protected the wrongdoers
+and shared the plunder, but treated with rudeness and violence those who
+sought to recover their property.
+
+Such, in substance, are the facts submitted to my consideration, and
+proved by trustworthy evidence. I could not doubt that the case demanded
+the interposition of this Government. Justice required that reparation
+should be made for so many and such gross wrongs, and that a course of
+insolence and plunder, tending directly to the insecurity of the lives
+of numerous travelers and of the rich treasure belonging to our citizens
+passing over this transit way, should be peremptorily arrested. Whatever
+it might be in other respects, the community in question, in power to do
+mischief, was not despicable. It was well provided with ordnance, small
+arms, and ammunition, and might easily seize on the unarmed boats,
+freighted with millions of property, which passed almost daily within
+its reach. It did not profess to belong to any regular government, and
+had, in fact, no recognized dependence on or connection with anyone
+to which the United States or their injured citizens might apply for
+redress or which could be held responsible in any way for the outrages
+committed. Not standing before the world in the attitude of an organized
+political society, being neither competent to exercise the rights nor to
+discharge the obligations of a government, it was, in fact, a marauding
+establishment too dangerous to be disregarded and too guilty to pass
+unpunished, and yet incapable of being treated in any other way than
+as a piratical resort of outlaws or a camp of savages depredating on
+emigrant trains or caravans and the frontier settlements of civilized
+states.
+
+Reasonable notice was given to the people of Greytown that this
+Government required them to repair the injuries they had done to our
+citizens and to make suitable apology for their insult of our minister,
+and that a ship of war would be dispatched thither to enforce compliance
+with these demands. But the notice passed unheeded. Thereupon a
+commander of the Navy, in charge of the sloop of war _Cyane_, was
+ordered to repeat the demands and to insist upon a compliance therewith.
+Finding that neither the populace nor those assuming to have authority
+over them manifested any disposition to make the required reparation,
+or even to offer excuse for their conduct, he warned them by a public
+proclamation that if they did not give satisfaction within a time
+specified he would bombard the town. By this procedure he afforded
+them opportunity to provide for their personal safety. To those also
+who desired to avoid loss of property in the punishment about to be
+inflicted on the offending town he furnished the means of removing their
+effects by the boats of his own ship and of a steamer which he procured
+and tendered to them for that purpose. At length, perceiving no
+disposition on the part of the town to comply with his requisitions, he
+appealed to the commander of Her Britannic Majesty's schooner _Bermuda_,
+who was seen to have intercourse and apparently much influence with the
+leaders among them, to interpose and persuade them to take some course
+calculated to save the necessity of resorting to the extreme measure
+indicated in his proclamation; but that officer, instead of acceding to
+the request, did nothing more than to protest against the contemplated
+bombardment. No steps of any sort were taken by the people to give the
+satisfaction required. No individuals, if any there were, who regarded
+themselves as not responsible for the misconduct of the community
+adopted any means to separate themselves from the fate of the guilty.
+The several charges on which the demands for redress were founded had
+been publicly known to all for some time, and were again announced
+to them. They did not deny any of these charges; they offered no
+explanation, nothing in extenuation of their conduct, but contumaciously
+refused to hold any intercourse with the commander of the _Cyane_.
+By their obstinate silence they seemed rather desirous to provoke
+chastisement than to escape it. There is ample reason to believe that
+this conduct of wanton defiance on their part is imputable chiefly to
+the delusive idea that the American Government would be deterred from
+punishing them through fear of displeasing a formidable foreign power,
+which they presumed to think looked with complacency upon their
+aggressive and insulting deportment toward the United States. The
+_Cyane_ at length fired upon the town. Before much injury had been done
+the fire was twice suspended in order to afford opportunity for an
+arrangement, but this was declined. Most of the buildings of the place,
+of little value generally, were in the sequel destroyed, but, owing to
+the considerate precautions taken by our naval commander, there was no
+destruction of life.
+
+When the _Cyane_ was ordered to Central America, it was confidently
+hoped and expected that no occasion would arise for "a resort to
+violence and destruction of property and loss of life." Instructions to
+that effect were given to her commander; and no extreme act would have
+been requisite had not the people themselves, by their extraordinary
+conduct in the affair, frustrated all the possible mild measures for
+obtaining satisfaction. A withdrawal from the place, the object of his
+visit entirely defeated, would under the circumstances in which the
+commander of the _Cyane_ found himself have been absolute abandonment
+of all claim of our citizens for indemnification and submissive
+acquiescence in national indignity. It would have encouraged in these
+lawless men a spirit of insolence and rapine most dangerous to the lives
+and property of our citizens at Punta Arenas, and probably emboldened
+them to grasp at the treasures and valuable merchandise continually
+passing over the Nicaragua route. It certainly would have been most
+satisfactory to me if the objects of the _Cyane's_ mission could have
+been consummated without any act of public force, but the arrogant
+contumacy of the offenders rendered it impossible to avoid the
+alternative either to break up their establishment or to leave them
+impressed with the idea that they might persevere with impunity in
+a career of insolence and plunder.
+
+This transaction has been the subject of complaint on the part of some
+foreign powers, and has been characterized with more of harshness than
+of justice. If comparisons were to be instituted, it would not be
+difficult to present repeated instances in the history of states
+standing in the very front of modern civilization where communities far
+less offending and more defenseless than Greytown have been chastised
+with much greater severity, and where not cities only have been laid in
+ruins, but human life has been recklessly sacrificed and the blood of
+the innocent made profusely to mingle with that of the guilty.
+
+Passing from foreign to domestic affairs, your attention is naturally
+directed to the financial condition of the country, always a subject
+of general interest. For complete and exact information regarding the
+finances and the various branches of the public service connected
+therewith I refer you to the report of the Secretary of the Treasury,
+from which it will appear that the amount of revenue during the last
+fiscal year from all sources was $73,549,705, and that the public
+expenditures for the same period, exclusive of payments on account of
+the public debt, amounted to $51,018,249. During the same period the
+payments made in redemption of the public debt, including interest and
+premium, amounted to $24,336,380. To the sum total of the receipts of
+that year is to be added a balance remaining in the Treasury at the
+commencement thereof, amounting to $21,942,892; and at the close of the
+same year a corresponding balance, amounting to $20,137,967, of receipts
+above expenditures also remained in the Treasury. Although, in the
+opinion of the Secretary of the Treasury, the receipts of the current
+fiscal year are not likely to equal in amount those of the last, yet
+they will undoubtedly exceed the amount of expenditures by at least
+$15,000,000. I shall therefore continue to direct that the surplus
+revenue be applied, so far as it can be judiciously and economically
+done, to the reduction of the public debt, the amount of which at the
+commencement of the last fiscal year was $67,340,628; of which there had
+been paid on the 20th day of November, 1854, the sum of $22,365,172,
+leaving a balance of outstanding public debt of only $44,975,456,
+redeemable at different periods within fourteen years. There are also
+remnants of other Government stocks, most of which are already due, and
+on which the interest has ceased, but which have not yet been presented
+for payment, amounting to $233,179. This statement exhibits the fact
+that the annual income of the Government greatly exceeds the amount of
+its public debt, which latter remains unpaid only because the time of
+payment has not yet matured, and it can not be discharged at once except
+at the option of public creditors, who prefer to retain the securities
+of the United States; and the other fact, not less striking, that the
+annual revenue from all sources exceeds by many millions of dollars
+the amount needed for a prudent and economical administration of the
+Government.
+
+The estimates presented to Congress from the different Executive
+Departments at the last session amounted to $38,406,581 and the
+appropriations made to the sum of $58,116,958. Of this excess of
+appropriations over estimates, however, more than twenty millions was
+applicable to extraordinary objects, having no reference to the usual
+annual expenditures. Among these objects was embraced ten millions to
+meet the third article of the treaty between the United States and
+Mexico; so that, in fact, for objects of ordinary expenditure the
+appropriations were limited to considerably less than $40,000,000.
+I therefore renew my recommendation for a reduction of the duties on
+imports. The report of the Secretary of the Treasury presents a series
+of tables showing the operation of the revenue system for several
+successive years; and as the general principle of reduction of duties
+with a view to revenue, and not protection, may now be regarded as the
+settled policy of the country, I trust that little difficulty will be
+encountered in settling the details of a measure to that effect.
+
+In connection with this subject I recommend a change in the laws, which
+recent experience has shown to be essential to the protection of the
+Government. There is no express provision of law requiring the records
+and papers of a public character of the several officers of the
+Government to be left in their offices for the use of their successors,
+nor any provision declaring it felony on their part to make false
+entries in the books or return false accounts. In the absence of such
+express provision by law, the outgoing officers in many instances have
+claimed and exercised the right to take into their own possession
+important books and papers, on the ground that these were their private
+property, and have placed them beyond the reach of the Government.
+Conduct of this character, brought in several instances to the notice of
+the present Secretary of the Treasury, naturally awakened his suspicion,
+and resulted in the disclosure that at four ports--namely, Oswego,
+Toledo, Sandusky, and Milwaukee--the Treasury had, by false entries,
+been defrauded within the four years next preceding March, 1853, of the
+sum of $198,000. The great difficulty with which the detection of these
+frauds has been attended, in consequence of the abstraction of books and
+papers by the retiring officers, and the facility with which similar
+frauds in the public service may be perpetrated render the necessity of
+new legal enactments in the respects above referred to quite obvious.
+For other material modifications of the revenue laws which seem to me
+desirable, I refer you to the report of the Secretary of the Treasury.
+That report and the tables which accompany it furnish ample proofs of
+the solid foundation on which the financial security of the country
+rests and of the salutary influence of the independent-treasury system
+upon commerce and all monetary operations.
+
+The experience of the last year furnishes additional reasons, I regret
+to say, of a painful character, for the recommendation heretofore made
+to provide for increasing the military force employed in the Territory
+inhabited by the Indians. The settlers on the frontier have suffered
+much from the incursions of predatory bands, and large parties of
+emigrants to our Pacific possessions have been massacred with impunity.
+The recurrence of such scenes can only be prevented by teaching these
+wild tribes the power of and their responsibility to the United States.
+From the garrisons of our frontier posts it is only possible to detach
+troops in small bodies; and though these have on all occasions displayed
+a gallantry and a stern devotion to duty which on a larger field would
+have commanded universal admiration, they have usually suffered severely
+in these conflicts with superior numbers, and have sometimes been
+entirely sacrificed. All the disposable force of the Army is already
+employed on this service, and is known to be wholly inadequate to the
+protection which should be afforded. The public mind of the country has
+been recently shocked by savage atrocities committed upon defenseless
+emigrants and border settlements, and hardly less by the unnecessary
+destruction of valuable lives where inadequate detachments of troops
+have undertaken to furnish the needed aid. Without increase of the
+military force these scenes will be repeated, it is to be feared, on
+a larger scale and with more disastrous consequences. Congress, I am
+sure, will perceive that the plainest duties and responsibilities of
+Government are involved in this question, and I doubt not that prompt
+action may be confidently anticipated when delay must be attended by
+such fearful hazards.
+
+The bill of the last session providing for an increase of the pay of
+the rank and file of the Army has had beneficial results, not only in
+facilitating enlistments, but in obvious improvement in the class of men
+who enter the service. I regret that corresponding consideration was not
+bestowed on the officers, who, in view of their character and services
+and the expenses to which they are necessarily subject, receive at
+present what is, in my judgment, inadequate compensation.
+
+The valuable services constantly rendered by the Army and its
+inestimable importance as the nucleus around which the volunteer forces
+of the nation can promptly gather in the hour of danger, sufficiently
+attest the wisdom of maintaining a military peace establishment; but the
+theory of our system and the wise practice under it require that any
+proposed augmentation in time of peace be only commensurate with our
+extended limits and frontier relations. While scrupulously adhering
+to this principle, I find in existing circumstances a necessity for
+increase of our military force, and it is believed that four new
+regiments, two of infantry and two of mounted men, will be sufficient to
+meet the present exigency. If it were necessary carefully to weigh the
+cost in a case of such urgency, it would be shown that the additional
+expense would be comparatively light.
+
+With the increase of the numerical force of the Army should, I think, be
+combined certain measures of reform in its organic arrangement and
+administration. The present organization is the result of partial
+legislation often directed to special objects and interests; and the
+laws regulating rank and command, having been adopted many years ago
+from the British code, are not always applicable to our service. It is
+not surprising, therefore, that the system should be deficient in the
+symmetry and simplicity essential to the harmonious working of its
+several parts, and require a careful revision.
+
+The present organization, by maintaining large staff corps or
+departments, separates many officers from that close connection with
+troops and those active duties in the field which are deemed requisite
+to qualify them for the varied responsibilities of high command. Were
+the duties of the Army staff mainly discharged by officers detached
+from their regiments, it is believed that the special service would be
+equally well performed and the discipline and instruction of the Army be
+improved. While due regard to the security of the rights of officers and
+to the nice sense of honor which should be cultivated among them would
+seem to exact compliance with the established rule of promotion in
+ordinary cases, still it can hardly be doubted that the range of
+promotion by selection, which is now practically confined to the grade
+of general officers, might be somewhat extended with benefit to the
+public service. Observance of the rule of seniority sometimes leads,
+especially in time of peace, to the promotion of officers who, after
+meritorious and even distinguished service, may have been rendered
+by age or infirmity incapable of performing active duty, and whose
+advancement, therefore, would tend to impair the efficiency of the Army.
+Suitable provision for this class of officers, by the creation of a
+retired list, would remedy the evil without wounding the just pride of
+men who by past services have established a claim to high consideration.
+In again commending this measure to the favorable consideration of
+Congress I would suggest that the power of placing officers on the
+retired list be limited to one year. The practical operation of the
+measure would thus be tested, and if after the lapse of years there
+should be occasion to renew the provision it can be reproduced with any
+improvements which experience may indicate. The present organization
+of the artillery into regiments is liable to obvious objections. The
+service of artillery is that of batteries, and an organization of
+batteries into a corps of artillery would be more consistent with the
+nature of their duties. A large part of the troops now called artillery
+are, and have been, on duty as infantry, the distinction between the
+two arms being merely nominal. This nominal artillery in our service is
+disproportionate to the whole force and greater than the wants of the
+country demand. I therefore commend the discontinuance of a distinction
+which has no foundation in either the arms used or the character of the
+service expected to be performed.
+
+In connection with the proposition for the increase of the Army, I have
+presented these suggestions with regard to certain measures of reform as
+the complement of a system which would produce the happiest results from
+a given expenditure, and which, I hope, may attract the early attention
+and be deemed worthy of the approval of Congress.
+
+The recommendation of the Secretary of the Navy having reference to
+more ample provisions for the discipline and general improvement in the
+character of seamen and for the reorganization and gradual increase of
+the Navy I deem eminently worthy of your favorable consideration. The
+principles which have controlled our policy in relation to the permanent
+military force by sea and land are sound, consistent with the theory
+of our system, and should by no means be disregarded. But, limiting
+the force to the objects particularly set forth in the preceding part
+of this message, we should not overlook the present magnitude and
+prospective extension of our commercial marine, nor fail to give due
+weight to the fact that besides the 2,000 miles of Atlantic seaboard
+we have now a Pacific coast stretching from Mexico to the British
+possessions in the north, teeming with wealth and enterprise and
+demanding the constant presence of ships of war. The augmentation of
+the Navy has not kept pace with the duties properly and profitably
+assigned to it in time of peace, and it is inadequate for the large
+field of its operations, not merely in the present, but still more in
+the progressively increasing exigencies of the commerce of the United
+States. I cordially approve of the proposed apprentice system for our
+national vessels recommended by the Secretary of the Navy.
+
+The occurrence during the last few months of marine disasters of the
+most tragic nature, involving great loss of human life, has produced
+intense emotions of sympathy and sorrow throughout the country. It
+may well be doubted whether all these calamitous events are wholly
+attributable to the necessary and inevitable dangers of the sea. The
+merchants, mariners, and shipbuilders of the United States are, it is
+true, unsurpassed in far-reaching enterprise, skill, intelligence, and
+courage by any others in the world. But with the increasing amount of
+our commercial tonnage in the aggregate and the larger size and improved
+equipment of the ships now constructed a deficiency in the supply of
+reliable seamen begins to be very seriously felt. The inconvenience may
+perhaps be met in part by due regulation for the introduction into our
+merchant ships of indented apprentices, which, while it would afford
+useful and eligible occupation to numerous young men, would have a
+tendency to raise the character of seamen as a class. And it is
+deserving of serious reflection whether it may not be desirable to
+revise the existing laws for the maintenance of discipline at sea, upon
+which the security of life and property on the ocean must to so great
+an extent depend. Although much attention has already been given by
+Congress to the proper construction and arrangement of steam vessels and
+all passenger ships, still it is believed that the resources of science
+and mechanical skill in this direction have not been exhausted. No good
+reason exists for the marked distinction which appears upon our statutes
+between the laws for protecting life and property at sea and those for
+protecting them on land. In most of the States severe penalties are
+provided to punish conductors of trains, engineers, and others employed
+in the transportation of persons by railway or by steamboats on rivers.
+Why should not the same principle be applied to acts of insubordination,
+cowardice, or other misconduct on the part of masters and mariners
+producing injury or death to passengers on the high seas, beyond the
+jurisdiction of any of the States, and where such delinquencies can be
+reached only by the power of Congress? The whole subject is earnestly
+commended to your consideration.
+
+The report of the Postmaster-General, to which you are referred for many
+interesting details in relation to this important and rapidly extending
+branch of the public service, shows that the expenditure of the year
+ending June 30, 1854, including $133,483 of balance due to foreign
+offices, amounted to $8,710,907. The gross receipts during the same
+period amounted to $6,955,586, exhibiting an expenditure over income
+of $1,755,321 and a diminution of deficiency as compared with the last
+year of $361,756. The increase of the revenue of the Department for the
+year ending June 30, 1854, over the preceding year was $970,399, No
+proportionate increase, however, can be anticipated for the current
+year, in consequence of the act of Congress of June 23, 1854, providing
+for increased compensation to all postmasters. From these statements it
+is apparent that the Post-Office Department, instead of defraying its
+expenses according to the design at the time of its creation, is now,
+and under existing laws must continue to be, to no small extent a charge
+upon the general Treasury. The cost of mail transportation during the
+year ending June 30, 1854, exceeds the cost of the preceding year
+by $495,074. I again call your attention to the subject of mail
+transportation by ocean steamers, and commend the suggestions of the
+Postmaster-General to your early attention.
+
+During the last fiscal year 11,070,935 acres of the public lands have
+been surveyed and 8,190,017 acres brought into market. The number of
+acres sold is 7,035,735 and the amount received therefor $9,285,533.
+The aggregate amount of lands sold, located under military scrip and
+land warrants, selected as swamp lands by States, and by locating
+under grants for roads is upward of 23,000,000 acres. The increase of
+lands sold over the previous year is about 6,000,000 acres, and the
+sales during the first two quarters of the current year present the
+extraordinary result of five and a half millions sold, exceeding by
+nearly 4,000,000 acres the sales of the corresponding quarters of the
+last year.
+
+The commendable policy of the Government in relation to setting apart
+public domain for those who have served their country in time of war is
+illustrated by the fact that since 1790 no less than 30,000,000 acres
+have been applied to this object.
+
+The suggestions which I submitted in my annual message of last year in
+reference to grants of land in aid of the construction of railways were
+less full and explicit than the magnitude of the subject and subsequent
+developments would seem to render proper and desirable. Of the soundness
+of the principle then asserted with regard to the limitation of the
+power of Congress I entertain no doubt, but in its application it is not
+enough that the value of lands in a particular locality may be enhanced;
+that, in fact, a larger amount of money may probably be received in a
+given time for alternate sections than could have been realized for
+all the sections without the impulse and influence of the proposed
+improvements. A prudent proprietor looks beyond limited sections of his
+domain, beyond present results to the ultimate effect which a particular
+line of policy is likely to produce upon all his possessions and
+interests. The Government, which is trustee in this matter for the
+people of the States, is bound to take the same wise and comprehensive
+view. Prior to and during the last session of Congress upward of
+30,000,000 acres of land were withdrawn from public sale with a view
+to applications for grants of this character pending before Congress.
+A careful review of the whole subject led me to direct that all such
+orders be abrogated and the lands restored to market, and instructions
+were immediately given to that effect. The applications at the last
+session contemplated the construction of more than 5,000 miles of road
+and grants to the amount of nearly 20,000,000 acres of the public
+domain. Even admitting the right on the part of Congress to be
+unquestionable, is it quite clear that the proposed grants would be
+productive of good, and not evil? The different projects are confined
+for the present to eleven States of this Union and one Territory. The
+reasons assigned for the grants show that it is proposed to put the
+works speedily in process of construction. When we reflect that since
+the commencement of the construction of railways in the United States,
+stimulated, as they have been, by the large dividends realized from
+the earlier works over the great thoroughfares and between the most
+important points of commerce and population, encouraged by State
+legislation, and pressed forward by the amazing energy of private
+enterprise, only 17,000 miles have been completed in all the States in a
+quarter of a century; when we see the crippled condition of many works
+commenced and prosecuted upon what were deemed to be sound principles
+and safe calculations; when we contemplate the enormous absorption
+of capital withdrawn from the ordinary channels of business, the
+extravagant rates of interest at this moment paid to continue
+operations, the bankruptcies, not merely in money but in character, and
+the inevitable effect upon finances generally, can it be doubted that
+the tendency is to run to excess in this matter? Is it wise to augment
+this excess by encouraging hopes of sudden wealth expected to flow
+from magnificent schemes dependent upon the action of Congress? Does
+the spirit which has produced such results need to be stimulated or
+checked? Is it not the better rule to leave all these works to private
+enterprise, regulated and, when expedient, aided by the cooperation of
+States? If constructed by private capital the stimulant and the check go
+together and furnish a salutary restraint against speculative schemes
+and extravagance. But it is manifest that with the most effective guards
+there is danger of going too fast and too far.
+
+We may well pause before a proposition contemplating a simultaneous
+movement for the construction of railroads which in extent will equal,
+exclusive of the great Pacific road and all its branches, nearly
+one-third of the entire length of such works now completed in the United
+States, and which can not cost with equipments less than $150,000,000.
+The dangers likely to result from combinations of interests of this
+character can hardly be overestimated. But independently of these
+considerations, where is the accurate knowledge, the comprehensive
+intelligence, which shall discriminate between the relative claims of
+these twenty-eight proposed roads in eleven States and one Territory?
+Where will you begin and where end? If to enable these companies to
+execute their proposed works it is necessary that the aid of the General
+Government be primarily given, the policy will present a problem so
+comprehensive in its bearings and so important to our political and
+social well-being as to claim in anticipation the severest analysis.
+Entertaining these views, I recur with satisfaction to the experience
+and action of the last session of Congress as furnishing assurance that
+the subject will not fail to elicit a careful reexamination and rigid
+scrutiny.
+
+It was my intention to present on this occasion some suggestions
+regarding internal improvements by the General Government, which want
+of time at the close of the last session prevented my submitting on
+the return to the House of Representatives with objections of the bill
+entitled "An act making appropriations for the repair, preservation,
+and completion of certain public works heretofore commenced under the
+authority of law;" but the space in this communication already occupied
+with other matter of immediate public exigency constrains me to reserve
+that subject for a special message, which will be transmitted to the two
+Houses of Congress at an early day.
+
+The judicial establishment of the United States requires modification,
+and certain reforms in the manner of conducting the legal business of
+the Government are also much needed; but as I have addressed you upon
+both of these subjects at length before, I have only to call your
+attention to the suggestions then made.
+
+My former recommendations in relation to suitable provision for various
+objects of deep interest to the inhabitants of the District of Columbia
+are renewed. Many of these objects partake largely of a national
+character, and are important independently of their relation to the
+prosperity of the only considerable organized community in the Union
+entirely unrepresented in Congress.
+
+I have thus presented suggestions on such subjects as appear to me to
+be of particular interest or importance, and therefore most worthy of
+consideration during the short remaining period allotted to the labors
+of the present Congress.
+
+Our forefathers of the thirteen united colonies, in acquiring their
+independence and in founding this Republic of the United States of
+America, have devolved upon us, their descendants, the greatest and the
+most noble trust ever committed to the hands of man, imposing upon all,
+and especially such as the public will may have invested for the time
+being with political functions, the most sacred obligations. We have to
+maintain inviolate the great doctrine of the inherent right of popular
+self-government; to reconcile the largest liberty of the individual
+citizen with complete security of the public order; to render cheerful
+obedience to the laws of the land, to unite in enforcing their
+execution, and to frown indignantly on all combinations to resist
+them; to harmonize a sincere and ardent devotion to the institutions
+of religious faith with the most universal religious toleration; to
+preserve the rights of all by causing each to respect those of the
+other; to carry forward every social improvement to the uttermost limit
+of human perfectibility, by the free action of mind upon mind, not by
+the obtrusive intervention of misapplied force; to uphold the integrity
+and guard the limitations of our organic law; to preserve sacred
+from all touch of usurpation, as the very palladium of our political
+salvation, the reserved rights and powers of the several States and of
+the people; to cherish with loyal fealty and devoted affection this
+Union, as the only sure foundation on which the hopes of civil liberty
+rest; to administer government with vigilant integrity and rigid
+economy; to cultivate peace and friendship with foreign nations, and to
+demand and exact equal justice from all, but to do wrong to none; to
+eschew intermeddling with the national policy and the domestic repose of
+other governments, and to repel it from our own; never to shrink from
+war when the rights and the honor of the country call us to arms, but
+to cultivate in preference the arts of peace, seek enlargement of the
+rights of neutrality, and elevate and liberalize the intercourse of
+nations; and by such just and honorable means, and such only, whilst
+exalting the condition of the Republic, to assure to it the legitimate
+influence and the benign authority of a great example amongst all the
+powers of Christendom.
+
+Under the solemnity of these convictions the blessing of Almighty God is
+earnestly invoked to attend upon your deliberations and upon all the
+counsels and acts of the Government, to the end that, with common zeal
+and common efforts, we may, in humble submission to the divine will,
+cooperate for the promotion of the supreme good of these United States.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to approval,
+a compact between the United States and the royal Government of Lew
+Chew, entered into at Napa on the 11th day of July last, for securing
+certain privileges to vessels of the United States resorting to the Lew
+Chew Islands.
+
+A copy of the instructions of the Secretary of State upon the subject is
+also herewith transmitted.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 5, 1894_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention for regulating the right of inheriting and
+acquiring property, concluded in this city on the 21st day of August
+last between the United States and His Highness the Duke of Brunswick
+and Luneburg.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 11, 1854_.
+
+_To the Senate and House of Representatives_:
+
+An act for the relief of the legal representatives of Samuel Prioleau,
+deceased, which provided for the payment of the sum of $6,928.60 to the
+legal representatives of said Prioleau by the proper accounting officer
+of the Treasury, was approved by me July 27, 1854. It having been
+ascertained that the identical claim provided for in this act was
+liquidated and paid under the provisions of the general act of August 4,
+1790, and of the special act of January 24, 1795, the First Comptroller
+of the Treasury declined to give effect to the law first above referred
+to without communicating the facts for my consideration. This refusal
+I regard as fully justified by the facts upon which it was predicated.
+
+In view of the destruction of valuable papers by fire in the building
+occupied by the Treasury Department in 1814 and again in 1833, it is not
+surprising that cases like this should, more than seventy years after
+the transaction with which they were connected, be involved in much
+doubt. The report of the Comptroller, however, shows conclusively by
+record evidence still preserved in the Department and elsewhere that the
+sum of $6,122.44, with $3,918.36 interest thereon from the date of the
+destruction of the property, making the sum of $10,040.80, was allowed
+to Samuel Prioleau under the act for his relief passed in 1795.
+
+That amount was reported by the Auditor to the Comptroller on the
+4th day of February, 1795, to be funded as follows, to wit.
+
+
+ Two thirds of $6,122.44 called 6 per cent stock $4,081.63
+ One third called deferred stock 2,040.81
+ Interest on the principal, called 3 per cent stock 3,918.36
+
+ Total 10,040.80
+
+ On the books of the loan office of South Carolina, under date of April
+ 27, 1795 is an entry showing that there was issued of the funded 6 per
+ cent stock to
+
+ Samuel Prioleau 4,081.63
+ Of the deferred stock 2,040.81
+ Of the 3 per cent stock 3,918.36
+
+ Total 10,040.80
+
+
+On the ledger of said loan office an account was opened with Samuel
+Prioleau, in which he was credited with the three items of stock and
+deputed by the transfer of each certificate to certain persons named,
+under dates of May 20, 1795, August 24, 1795, and April 19, 1796.
+
+These records show that the account of Samuel Prioleau, required to be
+settled by the act of January 28, 1795, was settled; that the value of
+the property destroyed was allowed; that the amount so found due was
+funded by said Prioleau and entered by his order on the loan-office
+books of South Carolina, and soon thereafter by him sold and
+transferred. That the entire funded debt of the United States was long
+since paid is matter of history.
+
+It is apparent that the claim has been prosecuted under a
+misapprehension on the part of the present claimants.
+
+I present the evidence in the case collected by the First Comptroller
+and embodied in his report for your consideration, together with a copy
+of a letter just received by that officer from the executor of P.G.
+Prioleau, and respectfully recommend the repeal of the act of July 27,
+1854.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 11, 1854_.
+
+_To the House of Representatives_:
+
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[33] in compliance with the resolution of the
+House of Representatives of the 27th of July last.
+
+FRANKLIN PIERCE.
+
+[Footnote 33: Correspondence of the American consul-general at Cairo
+relative to the expulsion of the Greeks from Egypt.]
+
+
+
+WASHINGTON, _December 11, 1854_.
+
+_To the Senate_:
+
+I herewith transmit a communication from the Secretary of the Treasury,
+requesting authority to invest the sum of $6,561.80, received from the
+sales of lands in the Chickasaw cession, in stocks for the benefit of
+the Chickasaw national fund, as required by the eleventh article of the
+treaty with the Chickasaws of the 20th October, 1832, and the act of
+Congress of 11th September, 1841.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1854_.
+
+_To the Senate of the United States_:
+
+Herewith I transmit a report of the Secretary of State, with
+accompanying papers,[34] in answer to the resolution of the Senate
+of the 3d of August last.
+
+FRANKLIN PIERCE.
+
+[Footnote 34: Correspondence relative to difficulties between Rev.
+Jonas King and the Government of Greece.]
+
+
+
+WASHINGTON, _December 16, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[35] in answer to the resolution of the House of Representatives
+of the 27th of July last.
+
+FRANKLIN PIERCE.
+
+[Footnote 35: Relating to the case of Walter M. Gibson, held in duress by
+the Dutch authorities at Batavia, island of Java, on a charge of having
+attempted to excite the native chiefs of Sumatra to throw off their
+allegiance to the Dutch Government.]
+
+
+
+WASHINGTON, _December 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of War, with accompanying papers,
+in answer to the resolution of the House of Representatives of the 2d of
+August last, requesting such information as may be in the possession of
+the War Department touching the cause of any difficulties which may have
+arisen between the Creek and Seminole Indians since their removal west
+of the Mississippi and other matters concerning the tribes.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 20, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty made at the Neosho Agency on the 12th August, 1854, by
+Andrew J. Dorn, commissioner on the part of the United States, and the
+chiefs and warriors of the Quapaw tribe of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 20, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty made by Andrew J. Dorn, commissioner on the part
+of the United States, on the 23d of August, 1854, and the chiefs and
+warriors of the Senecas of Sandusky and the Senecas and Shawnees of
+Lewistown, designated by the treaty of 1832 as the United Nation of
+Seneca and Shawnee Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 20, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty made at La Pointe, Wis., on the 30th of September,
+1854, by Henry C. Gilbert and David B. Harriman, commissioners on the
+part of the United States, and the chiefs and headmen of the Chippewas
+of Lake Superior and the Mississippi.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 26, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 5th instant,
+requesting me, if not incompatible with the public interests, to
+communicate to that body "copies of all instructions and correspondence
+between the different Departments of the Government and Major-General
+Wool, commanding the Pacific division of the Army, in regard to his
+operations on that coast," I transmit the accompanying documents.
+
+FRANKLIN PIERCE.
+
+[For message of December 30, 1854, giving an exposition of the reasons
+of the President for vetoing "An act making appropriations for the
+repair, preservation, and completion of certain public works heretofore
+commenced under the authority of law," see pp. 257-271.]
+
+
+
+WASHINGTON, D.C., _January 1, 1855_.
+
+_To the House of Representatives_:
+
+In response to the resolution of the House of Representatives of the
+11th ultimo, requesting the President "to communicate to this House
+any proposition which may have been made to the Government by the city
+authorities of Memphis relative to the navy-yard property recently ceded
+to that city, together with his views and those of the Navy Department
+as to the propriety of accepting the proposed re-cession and of
+reestablishing a naval depot and yard of construction at Memphis,"
+I transmit herewith a report of the Secretary of the Navy, and have
+only to add my concurrence in the views by him presented.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 9, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its constitutional action
+thereon, an article of agreement and convention made and concluded on
+the 9th day of December, 1854, between the United States, by George
+Hepner, United States Indian agent, and the chiefs and headmen of the
+confederate tribes of Otoe and Missouria Indians, being a supplement to
+the treaty made between the United States and said confederate tribes on
+the 15th day of March, 1854.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 10, 1855_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report of the Attorney-General, with the
+accompanying documents, communicating the information required by the
+following resolution of the House of Representatives, of the 28th ultimo:
+
+ _Resolved_, That the President of the United States be requested to
+ communicate to this House any information possessed by him regarding a
+ suit instituted in the Territory of Minnesota by or in the name of the
+ United States against the Minnesota and Northwestern Railroad Company.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 11, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 3d instant,
+requesting "a statement of the names of the ministers, chargés
+d'affaires, and the secretaries of legation of the United States
+appointed since the 4th of March, 1849, together with the dates of
+their commissions, the time of the commencement of their compensation,
+of their departure for their posts, and of their entering upon their
+official duties thereat," I transmit the accompanying report from the
+Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 16, 1855_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a letter of the Secretary of War upon the subject of
+Indian hostilities. The employment of volunteer troops, as suggested by
+the Secretary, seems to afford the only practicable means of providing
+for the present emergency.
+
+There is much reason to believe that other cases similar in character
+to those particularly referred to in the accompanying papers will at
+an early day require vigorous measures and the exhibition of a strong
+military force. The proposed temporary provision to meet a special
+demand, so far from obviating, in my judgment only serves to illustrate
+the urgent necessity of an increase of the Regular Army, at least to
+the extent recommended in my late annual message. Unless by the plan
+proposed, or some other equally effective, a force can be early brought
+into the field adequate to the suppression of existing hostilities, the
+combination of predatory bands will be extended and the difficulty of
+restoring order and security greatly magnified. On the other hand,
+without a permanent military force of sufficient strength to control
+the unfriendly Indians, it may be expected that hostilities will soon
+be renewed and that years of border warfare will afflict the country,
+retarding the progress of settlement, exposing emigrant trains to savage
+barbarities and consuming millions of the public money.
+
+The state of things made known in various letters recently received
+at the War Department, extracts from a portion of which are herewith
+inclosed, is calculated to augment the deep solicitude which this matter
+has for some time past awakened, and which has been earnestly expressed
+in previous messages and in the annual reports of the Secretary of War.
+
+I respectfully submit that the facts now communicated urgently call for
+immediate action on the part of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 17, 1855_.
+
+_To the Senate of the United States_:
+
+In further compliance with the resolution of the Senate of the 5th
+of December last, requesting copies of correspondence[36] between
+Major-General Wool and the different Departments of the Government,
+I transmit a report from the Secretary of State and the documents by
+which it was accompanied.
+
+FRANKLIN PIERCE.
+
+[Footnote 36: Relating to affairs on the Pacific Coast.]
+
+
+
+WASHINGTON, _January 19, 1855_.
+
+_To the House of Representatives_:
+
+In further compliance with the resolution of the House of
+Representatives of the 27th of July last, upon the subject of the case
+of Walter M. Gibson, I transmit a report from the Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 19, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a letter from the Secretary of the
+Interior, dated the 18th instant, covering a communication from the
+Commissioner of Indian Affairs, with accompanying papers, and asking
+that certain appropriations be made for the service of the Indian
+Department.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 22, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying papers, and recommend that
+the appropriation[37] therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 37: For payment of interest due the Cherokee Indians.]
+
+
+
+WASHINGTON, _January 24, 1855_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a report of the Secretary of the Interior and the
+Postmaster-General, together with accompanying documents, communicating
+what has been done in execution of the act of Congress of August 2,
+1854, entitled "An act to provide for the accommodation of the courts
+of the United States in the cities of New York and Philadelphia."
+
+I have deemed it best under the circumstances not to enter into
+contracts for the purchase of sites, but to submit all proposals made,
+in response to public advertisement for several weeks in the principal
+newspapers in each of the cities designated, to Congress, for such
+action as it may deem proper to take in fulfillment of the original
+design of the before-mentioned act.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 29, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying papers, and recommend that
+the appropriations therein asked for be made.
+
+I avail myself of the occasion to suggest a modification of existing
+laws, with a view to enable me more effectually to carry into execution
+the treaties with the different Indian tribes in Kansas Territory.
+
+With an earnest desire to promote the early settlement of the ceded
+lands, as well as those held in trust and to be sold for the benefit of
+the Indians, I shall exercise all the power intrusted to me to maintain
+strictly and in good faith our treaty obligations.
+
+I respectfully recommend that provisions be made by law requiring the
+lands which are to be sold on account of the Indians by the Government
+to be appraised and classified; a minimum price to be fixed, for a less
+sum than which no sales shall be made without further provision of law;
+and authorizing the sale of the lands in such quantities and at such
+times and places as the obligations of the Government, the rights of
+the Indian tribes, and the public interest, with reference to speedy
+settlement, may render expedient.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 30, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 6th of December
+last, requesting the President "to communicate to the Senate, if in his
+opinion not incompatible with the public interest, the instructions,
+correspondence, and other documents relating to the naval expedition to
+Japan, and the proceedings and negotiations resulting in a treaty with
+the Government thereof," I transmit the inclosed report from the
+Secretary of the Navy, with the accompanying documents.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 1, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, with a view to ratification, a convention
+which was concluded between the United States and Mexico at the City
+of Mexico on the 8th day of January last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 4, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith, for its consideration, the
+accompanying papers from the Secretary of the Interior, on the subject
+of the proviso of the act of July 31, 1854, in relation to the removal
+of the California Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 4, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress the accompanying papers[38] from the Secretary
+of the Interior, and recommend that the appropriations therein asked for
+may be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 38: Relating to the expenses necessary to be incurred in
+colonizing the Texas Indians.]
+
+
+
+WASHINGTON, _February 5, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, articles of agreement and convention made and concluded at
+the city of Washington on the 31st day of January, 1855, by George W.
+Manypenny, as commissioner on the part of the United States, and the
+chiefs and delegates of the Wyandott tribe of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 6, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 11th ultimo, in
+relation to the case of Francis W. Rice,[39] late United States consul
+at Acapulco, I transmit a report from the Secretary of State, with the
+accompanying documents.
+
+FRANKLIN PIERCE.
+
+[Footnote 39: Arrested and imprisoned at Acapulco, Mexico.]
+
+
+
+WASHINGTON, _February 6, 1855_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[40] from the Secretary of State, in answer
+to the resolution of the House of Representatives of the 27th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 40: Stating that the information relative to the applicability
+to the Spanish colonies of the treaty of 1795 with Spain, and whether
+American citizens residing in said colonies are entitled to the benefits
+of its provisions, had been already transmitted.]
+
+
+
+WASHINGTON, _February 7, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its advice with regard to ratification,
+a convention for the mutual extradition of fugitives from justice in
+certain cases between the United States and His Majesty the King of
+Hanover, signed by the plenipotentiaries of the two Governments at
+London on the 18th of January last. An extract from a dispatch of Mr.
+Buchanan to the Secretary of State relative to the convention is also
+herewith communicated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 7, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a letter and accompanying papers from
+the Secretary of the Interior, of the 5th instant, on the subject of the
+colonization of the Indians in the State of California, and recommend
+that the appropriation therein asked for may be made.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 7, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress the accompanying letter from the Secretary of
+the Interior, with its inclosure, on the subject of a treaty between the
+United States and the Chippewa Indians of Lake Superior, and recommend
+that the appropriation therein asked for may be made.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 9, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a report from the Secretary of
+the Treasury, and also one from the Secretary of the Interior, with
+accompanying papers, containing information called for by the resolution
+adopted by the Senate on the 30th ultimo, respecting the advance of
+public moneys to the marshal of the United States for the western
+district of Arkansas.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 9, 1855_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate, for its constitutional action
+thereon, the articles of convention and agreement between the Choctaw
+and Chickasaw tribes of Indians made on the 4th day of November, 1854,
+at Doaksville, near Fort Towson, Choctaw Nation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 12, 1855_.
+
+_To the Senate of the United States_:
+
+The resolution of the Senate of the 11th of December last, requesting a
+copy of the official correspondence relative to the late difficulties
+between the consul of France at San Francisco and the authorities of the
+United States in California, has been under consideration, and it was
+hoped that the negotiations on the subject might have been brought to
+a close, so as to have obviated any objection to a compliance with the
+resolution at this session of Congress. Those negotiations, however, are
+still pending, but I entertain a confident expectation that the affair
+will be definitely and satisfactorily adjusted prior to the next
+session.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1855_.
+
+_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
+King of the Netherlands, upon the subject of the admission of the United
+States consuls into the ports of the Dutch colonies.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1855_.
+
+_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 King of the Kingdom of the Two Sicilies, relative to the rights of
+neutrals during war.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 17, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate herewith a letter[41] of the Secretary of the Interior and
+accompanying paper, for the consideration of Congress.
+
+FRANKLIN PIERCE.
+
+[Footnote 41: Recommending an appropriation to supply a deficit in the
+amount held on Indian account, caused by the failure of Selden, Withers
+& Co., with whom it was deposited.]
+
+
+
+WASHINGTON, _February 19, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate,
+a treaty made on the 15th day of November, 1854, by Joel Palmer,
+superintendent of Indian affairs, on the part of the United States, and
+the chiefs and headmen of the Rogue River Indians in Oregon Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 19, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty made by Isaac I. Stevens, governor and superintendent of Indian
+affairs in Washington Territory, on the part of the United States,
+and the chiefs, headmen, and delegates of the Nesqually, Puyallup,
+Steilacoom, Squawksin, S'Homamish, Ste'h-chass, F'peeksin, Squi-aitl,
+and Sa-heh-wamish tribes and bands of Indians occupying the lands lying
+around the head of Pugets Sound and the adjacent inlets in Washington
+Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 19, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, two
+treaties, one made on the 18th day of November, 1854, by Joel Palmer,
+superintendent of Indian affairs, on the part of the United States, and
+the chiefs and headmen of the Quil-si-eton and Na-hel-ta bands of the
+Chasta tribe of Indians, the Cow-non-ti-co, Sa-cher-i-ton, and Na-al-ye
+bands of Scotans, and the Grave Creek band of Umpqua Indians in Oregon
+Territory; the other, made on the 29th of November, 1854, by Joel
+Palmer, superintendent of Indian affairs, on the part of the United
+States, and the chiefs and headmen of the confederated bands of the
+Umpqua tribe of Indians and the Calaponas, residing in Umpqua Valley,
+Oregon Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 21, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress a communication of this date from the
+Secretary of the Interior, with the accompanying paper, and recommend
+that the appropriation[42] therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 42: For extending and improving the culvert running from the
+United States Capitol Grounds down the center of South Capitol street
+toward the canal.]
+
+
+
+WASHINGTON, _February 22, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 21st instant, I
+transmit a report from the Secretary of State, inclosing a copy of the
+letter[43] addressed to the Department of State on the 17th November,
+1852, by Mr. Joaquin J. de Osma, envoy extraordinary and minister
+plenipotentiary of the Republic of Peru.
+
+FRANKLIN PIERCE.
+
+[Footnote 43: Proposing a settlement of the Lobos Islands controversy.]
+
+
+
+WASHINGTON, _February 23, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying estimates, and recommend
+that the appropriation[44] therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 44: To fulfill treaty stipulations with the Wyandotte Indians.]
+
+
+
+WASHINGTON, _February 24, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 22d instant,
+I transmit a report from the Secretary of State, together with the copy
+of a communication from Francis W. Rice,[45] therein referred to.
+
+FRANKLIN PIERCE.
+
+[Footnote 45: Late United States consul at Acapulco, relative to outrages
+committed upon him by authorities of Mexico.]
+
+
+
+WASHINGTON, _February 26, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report of the Secretary of the Navy, in compliance
+with a resolution of the Senate of the 20th instant, requesting the
+President "to communicate to the Senate a copy of the order issued by
+the Navy Department to the officer in command of the Home Squadron in
+pursuance of which the United States sloop of war _Albany_ was ordered
+on her last cruise to Carthagena and Aspinwall, etc.; also of the orders
+given by such officer to Commander Gerry to proceed upon such cruise,
+and also of any reports or letters from the captain of the _Albany_ on
+the necessity of repairs to said vessel."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 27, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, and recommend that the appropriation[46]
+therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 46: For surveying public lands in the northern part of
+Minnesota Territory acquired from the Chippewa Indians.]
+
+
+
+WASHINGTON, _February 27, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate herewith, for the consideration of Congress, a letter of
+this date from the Secretary of the Interior, and accompanying paper,
+recommending certain appropriations[47] on account of the Indian service.
+
+FRANKLIN PIERCE.
+
+[Footnote 47: For running the boundary line between the Chickasaw and
+Choctaw nations of Indians and for negotiations with the Menominee
+Indians.]
+
+
+
+WASHINGTON, _February 27, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made in this city on the 22d instant between the
+United States and the Mississippi, the Pillager, and the Lake
+Winnibigoshish bands of Chippewa Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 28, 1855_.
+
+_To the Senate of the United States_:
+
+For eminent services in the late war with Mexico, I nominate
+Major-General Winfield Scott, of the Army of the United States, to be
+lieutenant-general by brevet in the same, to take rank as such from
+March 29, 1847, the day on which the United States forces under his
+command captured Vera Cruz and the castle of San Juan de Ulua.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 28, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded in this city on the 27th day of
+February, 1855, between George W. Manypenny, commissioner on the part of
+the United States, and the chiefs and delegates of the Winnebago tribe
+of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a copy of an act of the legislature
+of the State of Texas, approved the 11th of February, 1854, making
+partial provision for running and marking the boundary line between the
+said State and the territories of the United States from the point where
+the said line leaves the Red River to its intersection with the Rio
+Grande, and appropriating $10,000 toward carrying the same into effect,
+when the United States shall have made provision by the enactment of
+a law for the appointment of the necessary officers to join in the
+execution of said survey.
+
+It will be perceived from the accompanying papers that the early
+demarcation of said boundary line is urgently desired on the part of
+Texas, and, acquiescing in the importance thereof, I recommend that
+provision be made by law for the appointment of officers to act in
+conjunction with those to be appointed by the State of Texas, and that
+the sum of $10,000 at least be appropriated for the payment of their
+salaries and necessary incidental expenses.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 2, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the articles of a treaty negotiated on the 4th of January,
+1855, between Joel Palmer, superintendent of Indian affairs in Oregon,
+and the chiefs of certain confederated tribes of Indians residing in the
+Willamette Valley of Oregon.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE MANSION, _March 2, 1855_.
+
+_To the Senate of the United States_:
+
+I herewith submit a report of the Secretary of War, containing all the
+information that can now be furnished in reply to the resolution of the
+Senate of the 28th ultimo, requesting "a statement of the number of
+muskets, rifles, and other arms and equipments delivered to the State
+arsenals, respectively, the number remaining on hand, and the number
+sold and accounted for; also, the date and amount of such sales."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 2, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying papers,[48] and recommend
+that the appropriations therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 48: Estimates of appropriations necessary for carrying out the
+bounty-land law.]
+
+
+
+WASHINGTON, _March 2, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, with its inclosure,[49] and recommend that the
+appropriations therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 49: Additional estimate of appropriations necessary for pay of
+Indian agents.]
+
+
+
+WASHINGTON, _March 3, 1855_.
+
+_To the House of Representatives_:
+
+I transmit herewith to the House of Representatives a report from the
+Secretary of State, with accompanying documents,[50] in answer to their
+resolutions of the 30th of January and 23d February last.
+
+FRANKLIN PIERCE.
+
+[Footnote 50: Correspondence relative to the causes disturbing the
+friendly relations between Spain and the United States and instructions
+to United States diplomatic agents relative to the same; correspondence
+relative to Cuba, etc.]
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _February 17, 1855_.
+
+_To the House of Representatives_:
+
+I have received and carefully considered the bill entitled "An act
+to provide for the ascertainment of claims of American citizens for
+spoliations committed by the French prior to the 31st of July, 1801,"
+and in the discharge of a duty imperatively enjoined on me by the
+Constitution I return the same with my objections to the House of
+Representatives, in which it originated.
+
+In the organization of the Government of the United States the
+legislative and executive functions were separated and placed in
+distinct hands. Although the President is required from time to time
+to recommend to the consideration of Congress such measures as he shall
+judge necessary and expedient, his participation in the formal business
+of legislation is limited to the single duty, in a certain contingency,
+of demanding for a bill a particular form of vote prescribed by the
+Constitution before it can become a law. He is not invested with power
+to defeat legislation by an absolute veto, but only to restrain it, and
+is charged with the duty, in case he disapproves a measure, of invoking
+a second and a more deliberate and solemn consideration of it on the
+part of Congress. It is not incumbent on the President to sign a bill
+as a matter of course, and thus merely to authenticate the action of
+Congress, for he must exercise intelligent judgment or be faithless to
+the trust reposed in him. If he approve a bill, he shall sign it, but
+if not he shall return it with his objections to that House in which
+it shall have originated for such further action as the Constitution
+demands, which is its enactment, if at all, not by a bare numerical
+majority, as in the first instance, but by a constitutional majority
+of two-thirds of both Houses.
+
+While the Constitution thus confers on the legislative bodies the
+complete power of legislation in all cases, it proceeds, in the spirit
+of justice, to provide for the protection of the responsibility of the
+President. It does not compel him to affix the signature of approval to
+any bill unless it actually have his approbation; for while it requires
+him to sign if he approve, it, in my judgment, imposes upon him the duty
+of withholding his signature if he do not approve. In the execution of
+his official duty in this respect he is not to perform a mere mechanical
+part, but is to decide and act according to conscientious convictions of
+the rightfulness or wrongfulness of the proposed law. In a matter as to
+which he is doubtful in his own mind he may well defer to the majority
+of the two Houses. Individual members of the respective Houses, owing to
+the nature, variety, and amount of business pending, must necessarily
+rely for their guidance in many, perhaps most, cases, when the matters
+involved are not of popular interest, upon the investigation of
+appropriate committees, or, it may be, that of a single member, whose
+attention has been particularly directed to the subject. For similar
+reasons, but even to a greater extent, from the number and variety of
+subjects daily urged upon his attention, the President naturally relies
+much upon the investigation had and the results arrived at by the two
+Houses, and hence those results, in large classes of cases, constitute
+the basis upon which his approval rests. The President's responsibility
+is to the whole people of the United States, as that of a Senator is to
+the people of a particular State, that of a Representative to the people
+of a State or district; and it may be safely assumed that he will not
+resort to the clearly defined and limited power of arresting legislation
+and calling for reconsideration of any measure except in obedience
+to requirements of duty. When, however, he entertains a decisive and
+fixed conclusion, not merely of the unconstitutionality, but of the
+impropriety, or injustice in other respects, of any measure, if he
+declare that he approves it he is false to his oath, and he deliberately
+disregards his constitutional obligations.
+
+I cheerfully recognize the weight of authority which attaches to the
+action of a majority of the two Houses. But in this case, as in some
+others, the framers of our Constitution, for wise considerations of
+public good, provided that nothing less than a two-thirds vote of one
+or both of the Houses of Congress shall become effective to bind the
+coordinate departments of the Government, the people, and the several
+States. If there be anything of seeming invidiousness in the official
+right thus conferred on the President, it is in appearance only, for the
+same right of approving or disapproving a bill, according to each one's
+own judgment, is conferred on every member of the Senate and of the
+House of Representatives.
+
+It is apparent, therefore, that the circumstances must be extraordinary
+which would induce the President to withhold approval from a bill
+involving no violation of the Constitution. The amount of the claims
+proposed to be discharged by the bill before me, the nature of the
+transactions in which those claims are alleged to have originated,
+the length of time during which they have occupied the attention of
+Congress and the country, present such an exigency. Their history
+renders it impossible that a President who has participated to any
+considerable degree in public affairs could have failed to form
+respecting them a decided opinion upon what he would deem satisfactory
+grounds. Nevertheless, instead of resting on former opinions, it has
+seemed to me proper to review and more carefully examine the whole
+subject, so as satisfactorily to determine the nature and extent of my
+obligations in the premises.
+
+I feel called upon at the threshold to notice an assertion, often
+repeated, that the refusal of the United States to satisfy these claims
+in the manner provided by the present bill rests as a stain on the
+justice of our country. If it be so, the imputation on the public honor
+is aggravated by the consideration that the claims are coeval with the
+present century, and it has been a persistent wrong during that whole
+period of time. The allegation is that private property has been taken
+for public use without just compensation, in violation of express
+provision of the Constitution, and that reparation has been withheld
+and justice denied until the injured parties have for the most part
+descended to the grave. But it is not to be forgotten or overlooked that
+those who represented the people in different capacities at the time
+when the alleged obligations were incurred, and to whom the charge of
+injustice attaches in the first instance, have also passed away and
+borne with them the special information which controlled their decision
+and, it may be well presumed, constituted the justification of their
+acts.
+
+If, however, the charge in question be well founded, although its
+admission would inscribe on our history a page which we might desire
+most of all to obliterate, and although, if true, it must painfully
+disturb our confidence in the justice and the high sense of moral and
+political responsibility of those whose memories we have been taught
+to cherish with so much reverence and respect, still we have only one
+course of action left to us, and that is to make the most prompt and
+ample reparation in our power and consign the wrong as far as may be
+to forgetfulness.
+
+But no such heavy sentence of condemnation should be lightly passed upon
+the sagacious and patriotic men who participated in the transactions out
+of which these claims are supposed to have arisen, and who, from their
+ample means of knowledge of the general subject in its minute details
+and from their official position, are peculiarly responsible for
+whatever there is of wrong or injustice in the decisions of the
+Government.
+
+Their justification consists in that which constitutes the objection to
+the present bill, namely, the absence of any indebtedness on the part
+of the United States. The charge of denial of justice in this case, and
+consequent stain upon our national character, has not yet been indorsed
+by the American people. But if it were otherwise, this bill, so far from
+relieving the past, would only stamp on the present a more deep and
+indelible stigma. It admits the justice of the claims, concedes that
+payment has been wrongfully withheld for fifty years, and then proposes
+not to pay them, but to compound with the public creditors by providing
+that, whether the claims shall be presented or not, whether the sum
+appropriated shall pay much or little of what shall be found due, the
+law itself shall constitute a perpetual bar to all future demands. This
+is not, in my judgment, the way to atone for wrongs if they exist, nor
+to meet subsisting obligations.
+
+If new facts, not known or not accessible during the Administration of
+Mr. Jefferson, Mr. Madison, or Mr. Monroe, had since been brought to
+light, or new sources of information discovered, this would greatly
+relieve the subject of embarrassment. But nothing of this nature has
+occurred.
+
+That those eminent statesmen had the best means of arriving at a correct
+conclusion no one will deny. That they never recognized the alleged
+obligation on the part of the Government is shown by the history of
+their respective Administrations. Indeed, it stands not as a matter of
+controlling authority, but as a fact of history, that these claims have
+never since our existence as a nation been deemed by any President
+worthy of recommendation to Congress.
+
+Claims to payment can rest only on the plea of indebtedness on the part
+of the Government. This requires that it should be shown that the United
+States have incurred liability to the claimants, either by such acts as
+deprived them of their property or by having actually taken it for
+public use without making just compensation for it.
+
+The first branch of the proposition--that on which an equitable claim
+to be indemnified by the United States for losses sustained might
+rest--requires at least a cursory examination of the history of the
+transactions on which the claims depend. The first link which in the
+chain of events arrests attention is the treaties of alliance and of
+amity and commerce between the United States and France negotiated in
+1778. By those treaties peculiar privileges were secured to the armed
+vessels of each of the contracting parties in the ports of the other,
+the freedom of trade was greatly enlarged, and mutual obligations were
+incurred by each to guarantee to the other their territorial possessions
+in America.
+
+In 1792-93, when war broke out between France and Great Britain, the
+former claimed privileges in American ports which our Government did
+not admit as deducible from the treaties of 1778, and which it was held
+were in conflict with obligations to the other belligerent powers. The
+liberal principle of one of the treaties referred to--that free ships
+make free goods, and that subsistence and supplies were not contraband
+of war unless destined to a blockaded port--was found, in a commercial
+view, to operate disadvantageously to France as compared with her enemy,
+Great Britain, the latter asserting, under the law of nations, the right
+to capture as contraband supplies when bound for an enemy's port.
+
+Induced mainly, it is believed, by these considerations, the Government
+of France decreed on the 9th of May, 1793, the first year of the war,
+that "the French people are no longer permitted to fulfill toward the
+neutral powers in general the vows they have so often manifested, and
+which they constantly make for the full and entire liberty of commerce
+and navigation," and, as a counter measure to the course of Great
+Britain, authorized the seizure of neutral vessels bound to an enemy's
+port in like manner as that was done by her great maritime rival.
+This decree was made to act retrospectively, and to continue until the
+enemies of France should desist from depredations on the neutral vessels
+bound to the ports of France. Then followed the embargo, by which our
+vessels were detained in Bordeaux; the seizure of British goods on
+board of our ships, and of the property of American citizens under the
+pretense that it belonged to English subjects, and the imprisonment of
+American citizens captured on the high seas.
+
+Against these infractions of existing treaties and violations of our
+rights as a neutral power we complained and remonstrated. For the
+property of our injured citizens we demanded that due compensation
+should be made, and from 1793 to 1797 used every means, ordinary and
+extraordinary, to obtain redress by negotiation. In the last-mentioned
+year these efforts were met by a refusal to receive a minister sent
+by our Government with special instructions to represent the amicable
+disposition of the Government and people of the United States and their
+desire to remove jealousies and to restore confidence by showing that
+the complaints against them were groundless. Failing in this, another
+attempt to adjust all differences between the two Republics was made in
+the form of an extraordinary mission, composed of three distinguished
+citizens, but the refusal to receive was offensively repeated, and thus
+terminated this last effort to preserve peace and restore kind relations
+with our early friend and ally, to whom a debt of gratitude was due
+which the American people have never been willing to depreciate or to
+forget. Years of negotiation had not only failed to secure indemnity
+for our citizens and exemption from further depredation, but these
+long-continued efforts had brought upon the Government the suspension
+of diplomatic intercourse with France and such indignities as to induce
+President Adams, in his message of May 16, 1797, to Congress, convened
+in special session, to present it as the particular matter for their
+consideration and to speak of it in terms of the highest indignation.
+Thenceforward the action of our Government assumed a character which
+clearly indicates that hope was no longer entertained from the amicable
+feeling or justice of the Government of France, and hence the subsequent
+measures were those of force.
+
+On the 28th of May, 1798, an act was passed for the employment of the
+Navy of the United States against "armed vessels of the Republic of
+France," and authorized their capture if "found hovering on the coast
+of the United States for the purpose of committing depredations on the
+vessels belonging to the citizens thereof;" on the 18th of June, 1798,
+an act was passed prohibiting commercial intercourse with France under
+the penalty of the forfeiture of the vessels so employed; on the 25th
+of June, the same year, an act to arm the merchant marine to oppose
+searches, capture aggressors, and recapture American vessels taken by
+the French; on the 28th of June, same year, an act for the condemnation
+and sale of French vessels captured by authority of the act of 28th of
+May preceding; on the 27th of July, same year, an act abrogating the
+treaties and the convention which had been concluded between the United
+States and France, and declaring "that the same shall not henceforth
+be regarded as legally obligatory on the Government or citizens of the
+United States;" on the 9th of the same month an act was passed which
+enlarged the limits of the hostilities then existing by authorizing our
+public vessels to capture armed vessels of France wherever found upon
+the high seas, and conferred power on the President to issue commissions
+to private armed vessels to engage in like service.
+
+These acts, though short of a declaration of war, which would put ail
+the citizens of each country in hostility with those of the other, were,
+nevertheless, actual war, partial in its application, maritime in its
+character, but which required the expenditure of much of our public
+treasure and much of the blood of our patriotic citizens, who, in
+vessels but little suited to the purposes of war, went forth to battle
+on the high seas for the rights and security of their fellow-citizens
+and to repel indignities offered to the national honor.
+
+It is not, then, because of any failure to use all available means,
+diplomatic and military, to obtain reparation that liability for private
+claims can have been incurred by the United States, and if there is any
+pretense for such liability it must flow from the action, not from the
+neglect, of the United States. The first complaint on the part of France
+was against the proclamation of President Washington of April 22, 1793.
+At that early period in the war which involved Austria, Prussia,
+Sardinia, the United Netherlands, and Great Britain on the one part and
+France on the other, the great and wise man who was the Chief Executive,
+as he was and had been the guardian of our then infant Republic,
+proclaimed that "the duty and interest of the United States require that
+they should with sincerity and good faith adopt and pursue a conduct
+friendly and impartial toward the belligerent powers." This attitude of
+neutrality, it was pretended, was in disregard of the obligations of
+alliance between the United States and France. And this, together with
+the often-renewed complaint that the stipulations of the treaties of
+1778 had not been observed and executed by the United States, formed the
+pretext for the series of outrages upon our Government and its citizens
+which finally drove us to seek redress and safety by an appeal to force.
+The treaties of 1778, so long the subject of French complaints, are now
+understood to be the foundation upon which are laid these claims of
+indemnity from the United States for spoliations committed by the French
+prior to 1800. The act of our Government which abrogated not only the
+treaties of 1778, but also the subsequent consular convention of 1788,
+has already been referred to, and it may be well here to inquire what
+the course of France was in relation thereto. By the decrees of 9th of
+May, 1793, 7th of July, 1796, and 2d of March, 1797, the stipulations
+which were then and subsequently most important to the United States
+were rendered wholly inoperative. The highly injurious effects which
+these decrees are known to have produced show how vital were the
+provisions of treaty which they violated, and make manifest the
+incontrovertible right of the United States to declare, as the
+consequence of these acts of the other contracting party, the treaties
+at an end.
+
+The next step in this inquiry is whether the act declaring the treaties
+null and void was ever repealed, or whether by any other means the
+treaties were ever revived so as to be either the subject or the source
+of national obligation. The war which has been described was terminated
+by the treaty of Paris of 1800, and to that instrument it is necessary
+to turn to find how much of preexisting obligations between the two
+Governments outlived the hostilities in which they had been engaged.
+By the second article of the treaty of 1800 it was declared that the
+ministers plenipotentiary of the two parties not being able to agree
+respecting the treaties of alliance, amity, and commerce of 1778 and the
+convention of 1788, nor upon the indemnities mutually due or claimed,
+the parties will negotiate further on these subjects at a convenient
+time; and until they shall have agreed upon these points the said
+treaties and convention shall have no operation.
+
+When the treaty was submitted to the Senate of the United States, the
+second article was disagreed to and the treaty amended by striking it
+out and inserting a provision that the convention then made should
+continue in force eight years from the date of ratification, which
+convention, thus amended, was accepted by the First Consul of France,
+with the addition of a note explanatory of his construction of the
+convention, to the effect that by the retrenchment of the second article
+the two States renounce the respective pretensions which were the object
+of the said article.
+
+It will be perceived by the language of the second article, as
+originally framed by the negotiators, that they had found themselves
+unable to adjust the controversies on which years of diplomacy and of
+hostilities had been expended, and that they were at last compelled to
+postpone the discussion of those questions to that most indefinite
+period, a "convenient time." All, then, of these subjects which was
+revived by the convention was the right to renew, when it should be
+convenient to the parties, a discussion which had already exhausted
+negotiation, involved the two countries in a maritime war, and on which
+the parties had approached no nearer to concurrence than they were when
+the controversy began.
+
+The obligations of the treaties of 1778 and the convention of 1788 were
+mutual, and estimated to be equal. But however onerous they may have
+been to the United States, they had been abrogated, and were not revived
+by the convention of 1800, but expressly spoken of as suspended until an
+event which could only occur by the pleasure of the United States. It
+seems clear, then, that the United States were relieved of no obligation
+to France by the retrenchment of the second article of the convention,
+and if thereby France was relieved of any valid claims against her the
+United States received no consideration in return, and that if private
+property was taken by the United States from their own citizens it was
+not for public use. But it is here proper to inquire whether the United
+States did relieve France from valid claims against her on the part of
+citizens of the United States, and did thus deprive them of their
+property.
+
+The complaints and counter complaints of the two Governments had been
+that treaties were violated and that both public and individual rights
+and interests had been sacrificed. The correspondence of our ministers
+engaged in negotiations, both before and after the convention of 1800,
+sufficiently proves how hopeless was the effort to obtain full indemnity
+from France for injuries inflicted on our commerce from 1793 to 1800,
+unless it should be by an account in which the rival pretensions of the
+two Governments should each be acknowledged and the balance struck
+between them.
+
+It is supposable, and may be inferred from the contemporaneous history
+as probable, that had the United States agreed in 1800 to revive the
+treaties of 1778 and 1788 with the construction which France had placed
+upon them, that the latter Government would, on the other hand, have
+agreed to make indemnity for those spoliations which were committed
+under the pretext that the United States were faithless to the
+obligations of the alliance between the two countries.
+
+Hence the conclusion that the United States did not sacrifice private
+rights or property to get rid of public obligations, but only refused to
+reassume public obligations for the purpose of obtaining the recognition
+of the claims of American citizens on the part of France.
+
+All those claims which the French Government was willing to admit were
+carefully provided for elsewhere in the convention, and the declaration
+of the First Consul, which was appended in his additional note, had no
+other application than to the claims which had been mutually made by the
+Governments, but on which they had never approximated to an adjustment.
+In confirmation of the fact that our Government did not intend to cease
+from the prosecution of the just claims of our citizens against France,
+reference is here made to the annual message of President Jefferson of
+December 8, 1801, which opens with expressions of his gratification at
+the restoration of peace among sister nations; and, after speaking of
+the assurances received from all nations with whom we had principal
+relations and of the confidence thus inspired that our peace with them
+would not have been disturbed if they had continued at war with each
+other, he proceeds to say:
+
+
+ But a cessation of irregularities which had affected the commerce of
+ neutral nations, and of the irritations and injuries produced by them,
+ can not but add to this confidence, and strengthens at the same time the
+ hope that wrongs committed on unoffending friends under a pressure of
+ circumstances will now be reviewed with candor, and will be considered
+ as founding just claims of retribution for the past and new assurance
+ for the future.
+
+
+The zeal and diligence with which the claims of our citizens against
+France were prosecuted appear in the diplomatic correspondence of the
+three years next succeeding the convention of 1800, and the effect of
+these efforts is made manifest in the convention of 1803, in which
+provision was made for payment of a class of cases the consideration of
+which France had at all previous periods refused to entertain, and which
+are of that very class which it has been often assumed were released by
+striking out the second article of the convention of 1800. This is shown
+by reference to the preamble and to the fourth and fifth articles of the
+convention of 1803, by which were admitted among the debts due by France
+to citizens of the United States the amounts chargeable for "prizes made
+at sea in which the appeal has been properly lodged within the time
+mentioned in the said convention of the 30th of September, 1800;" and
+this class was further defined to be only "captures of which the council
+of prizes shall have ordered restitution, it being well understood that
+the claimant can not have recourse to the United States otherwise than
+he might have had to the French Republic, and only in case of the
+insufficiency of the captors."
+
+If, as was affirmed on all hands, the convention of 1803 was intended
+to close all questions between the Governments of France and the United
+States, and 20,000,000 francs were set apart as a sum which might
+exceed, but could not fall short of, the debts due by France to the
+citizens of the United States, how are we to reconcile the claim now
+presented with the estimates made by those who were of the time and
+immediately connected with the events, and whose intelligence and
+integrity have in no small degree contributed to the character and
+prosperity of the country in which we live? Is it rational to assume
+that the claimants who now present themselves for indemnity by the
+United States represent debts which would have been admitted and paid by
+France but for the intervention of the United States? And is it possible
+to escape from the effect of the voluminous evidence tending to
+establish the fact that France resisted all these claims; that it was
+only after long and skillful negotiation that the agents of the United
+States obtained the recognition of such of the claims as were provided
+for in the conventions of 1800 and 1803? And is it not conclusive
+against any pretensions of possible success on the part of the
+claimants, if left unaided to make their applications to France, that
+the only debts due to American citizens which have been paid by France
+are those which were assumed by the United States as part of the
+consideration in the purchase of Louisiana?
+
+There is little which is creditable either to the judgment or patriotism
+of those of our fellow-citizens who at this day arraign the justice,
+the fidelity, or love of country of the men who founded the Republic in
+representing them as having bartered away the property of individuals to
+escape from public obligations, and then to have withheld from them just
+compensation. It has been gratifying to me in tracing the history of
+these claims to find that ample evidence exists to refute an accusation
+which would impeach the purity, the justice, and the magnanimity of the
+illustrious men who guided and controlled the early destinies of the
+Republic.
+
+I pass from this review of the history of the subject, and, omitting
+many substantial objections to these claims, proceed to examine somewhat
+more closely the only grounds upon which they can by possibility be
+maintained.
+
+Before entering on this it may be proper to state distinctly certain
+propositions which it is admitted on all hands are essential to prove
+the obligations of the Government.
+
+First. That at the date of the treaty of September 30, 1800, these
+claims were valid and subsisting as against France.
+
+Second. That they were released or extinguished by the United States in
+that treaty and by the manner of its ratification.
+
+Third. That they were so released or extinguished for a consideration
+valuable to the Government, but in which the claimants had no more
+interest than any other citizens.
+
+The convention between the French Republic and the United States of
+America signed at Paris on the 30th day of September, 1800, purports
+in the preamble to be founded on the equal desire of the First Consul
+(Napoleon Bonaparte) and the President of the United States to terminate
+the differences which have arisen between the two States. It declares,
+in the first place, that there shall be firm, inviolable, and universal
+peace and a true and sincere friendship between the French Republic and
+the United States. Next it proceeds, in the second, third, fourth, and
+fifth articles, to make provision in sundry respects, having reference
+to past differences and the transition from the state of war between the
+two countries to that of general and permanent peace. Finally, in the
+residue of the twenty-seventh article, it stipulates anew the conditions
+of amity and intercourse, commercial and political, thereafter to exist,
+and, of course, to be substituted in place of the previous conditions of
+the treaties of alliance and of commerce and the consular convention,
+which are thus tacitly but unequivocally recognized as no longer in
+force, but in effect abrogated, either by the state of war or by the
+political action of the two Republics.
+
+Except in so far as the whole convention goes to establish the fact that
+the previous treaties were admitted on both sides to be at an end, none
+of the articles are directly material to the present question save the
+following:
+
+
+ ART. II. The ministers plenipotentiary of the two parties not being able
+ to agree at present respecting the treaty of alliance of 6th February,
+ 1778, the treaty of amity and commerce of the same date, and the
+ convention of 14th of November, 1788, nor upon the indemnities mutually
+ due or claimed, the parties will negotiate further on these subjects at
+ a convenient time; and until they may have agreed upon these points the
+ said treaties and convention shall have no operation, and the relations
+ of the two countries shall be regulated as follows:
+
+ * * * * *
+
+ ART. V. The debts contracted by one of the two nations with individuals
+ of the other, or by the individuals of one with the individuals of the
+ other, shall be paid, or the payment may be prosecuted, in the same
+ manner as if there had been no misunderstanding between the two States.
+ But this clause shall not extend to indemnities claimed on account of
+ captures or confiscations.
+
+
+On this convention being submitted to the Senate of the United States,
+they consented and advised to its ratification with the following
+proviso:
+
+
+ _Provided_, That the second article be expunged, and that the following
+ article be added or inserted: It is agreed that the present convention
+ shall be in force for the term of eight years from the time of the
+ exchange of ratifications.
+
+
+The spirit and purpose of this change are apparent and unmistakable.
+The convention as signed by the respective plenipotentiaries did not
+adjust all the points of controversy. Both nations, however, desired the
+restoration of peace. Accordingly, as to those matters in the relations
+of the two countries concerning which they could agree, they did agree
+for the time being; and as to the rest, concerning which they could not
+agree, they suspended and postponed further negotiation.
+
+They abandoned no pretensions, they relinquished no right on either
+side, but simply adjourned the question until "a convenient time."
+Meanwhile, and until the arrival of such convenient time, the relations
+of the two countries were to be regulated by the stipulations of the
+convention.
+
+Of course the convention was on its face a temporary and provisional
+one, but in the worst possible form of prospective termination. It was
+to cease at a convenient time. But how should that convenient time be
+ascertained? It is plain that such a stipulation, while professedly not
+disposing of the present controversy, had within itself the germ of a
+fresh one, for the two Governments might at any moment fall into dispute
+on the question whether that convenient time had or had not arrived.
+The Senate of the United States anticipated and prevented this question
+by the only possible expedient; that is, the designation of a precise
+date. This being done, the remaining parts of the second article became
+superfluous and useless, for as all the provisions of the convention
+would expire in eight years, it would necessarily follow that
+negotiations must be renewed within that period, more especially as the
+operation of the amendment which covered the whole convention was that
+even the stipulation of peace in the first article became temporary and
+expired in eight years, whereas that article, and that article alone,
+was permanent according to the original tenor of the convention.
+
+The convention thus amended, being submitted to the First Consul, was
+ratified by him, his act of acceptance being accompanied with the
+following declaratory note:
+
+
+ The Government of the United States having added in its ratification
+ that the convention should be in force for the space of eight years, and
+ having omitted the second article, the Government of the French Republic
+ consents to accept, ratify, and confirm the above convention with the
+ addition importing that the convention shall be in force for the space
+ of eight years and with the retrenchment of the second article:
+ _Provided_, That by this retrenchment the two States renounce the
+ respective pretensions which are the object of the said article.
+
+
+The convention, as thus ratified by the First Consul, having been again
+submitted to the Senate of the United States, that body resolved that
+"they considered the convention as fully ratified," and returned the
+same to the President for promulgation, and it was accordingly
+promulgated in the usual form by President Jefferson.
+
+Now it is clear that in simply resolving that "they considered the
+convention as fully ratified" the Senate did in fact abstain from any
+express declaration of dissent or assent to the construction put by the
+First Consul on the retrenchment of the second article. If any inference
+beyond this can be drawn from their resolution, it is that they regarded
+the proviso annexed by the First Consul to his declaration of acceptance
+as foreign to the subject, as nugatory, or as without consequence or
+effect. Notwithstanding this proviso, they considered the ratification
+as full. If the new proviso made any change in the previous import of
+the convention, then it was not full; and in considering it a full
+ratification they in substance deny that the proviso did in any respect
+change the tenor of the convention.
+
+By the second article, as it originally stood, neither Republic had
+relinquished its existing rights or pretensions, either as to other
+previous treaties or the indemnities mutually due or claimed, but
+only deferred the consideration of them to a convenient time. By the
+amendment of the Senate of the United States that convenient time,
+instead of being left indefinite, was fixed at eight years; but no
+right or pretension of either party was surrendered or abandoned.
+
+If the Senate erred in assuming that the proviso added by the First
+Consul did not affect the question, then the transaction would amount
+to nothing more than to have raised a new question, to be disposed of
+on resuming the negotiations, namely, the question whether the proviso
+of the First Consul did or not modify or impair the effect of the
+convention as it had been ratified by the Senate.
+
+That such, and such only, was the true meaning and effect of the
+transaction; that it was not, and was not intended to be, a
+relinquishment by the United States of any existing claim on France, and
+especially that it was not an abandonment of any claims of individual
+citizens, nor the set off of these against any conceded national
+obligations to France, is shown by the fact that President Jefferson did
+at once resume and prosecute to successful conclusion negotiations to
+obtain from France indemnification for the claims of citizens of the
+United States existing at the date of that convention; for on the 30th
+of April, 1803, three treaties were concluded at Paris between the
+United States of America and the French Republic, one of which embraced
+the cession of Louisiana; another stipulated for the payment of
+60,000,000 francs by the United States to France; and a third provided
+that, for the satisfaction of sums due by France to citizens of the
+United States at the conclusion of the convention of September 30, 1800,
+and in express compliance with the second and fifth articles thereof,
+a further sum of 20,000,000 francs should be appropriated and paid by
+the United States. In the preamble to the first of these treaties, which
+ceded Louisiana, it is set forth that--
+
+
+ The President of the United States of America and the First Consul of
+ the French Republic, in the name of the French people, desiring to
+ remove all source of misunderstanding relative to objects of discussion
+ mentioned in the second and fifth articles of the convention of the 8th
+ Vendémiaire, an 9 (30th September, 1800), relative to the rights claimed
+ by the United States in virtue of the treaty concluded at Madrid the
+ 27th of October, 1795, between His Catholic Majesty and the said United
+ States, and willing to strengthen the union and friendship which at the
+ time of the said convention was happily reestablished between the two
+ nations, have respectively named their plenipotentiaries, ... who ...
+ have agreed to the following articles.
+
+
+Here is the most distinct and categorical declaration of the two
+Governments that the matters of claim in the second article of the
+convention of 1800 had not been ceded away, relinquished, or set off,
+but they were still subsisting subjects of demand against France. The
+same declaration appears in equally emphatic language in the third of
+these treaties, bearing the same date, the preamble of which recites
+that--
+
+
+ The President of the United States of America and the First Consul of
+ the French Republic, in the name of the French people, having by a
+ treaty of this date terminated all difficulties relative to Louisiana
+ and established on a solid foundation the friendship which unites the
+ two nations, and being desirous, in compliance with the second and fifth
+ articles of the convention of the 8th Vendémiaire, ninth year of the
+ French Republic (30th September, 1800), to secure the payment of the
+ sums due by France to the citizens of the United States, have appointed
+ plenipotentiaries--
+
+
+who agreed to the following among other articles:
+
+
+ ART. I. The debts due by France to citizens of the United States,
+ contracted before the 8th of Vendémiaire, ninth year of the French
+ Republic (30th September, 1800), shall be paid according to the
+ following regulations, with interest at 6 per cent, to commence from
+ the periods when the accounts and vouchers were presented to the
+ French Government.
+
+ ART. II. The debts provided for by the preceding article are those whose
+ result is comprised in the conjectural note annexed to the present
+ convention, and which, with the interest, can not exceed the sum of
+ 20,000,000 francs. The claims comprised in the said note which fall
+ within the exceptions of the following articles shall not be admitted
+ to the benefit of this provision.
+
+ * * * * *
+
+ ART. IV. It is expressly agreed that the preceding articles shall
+ comprehend no debts but such as are due to citizens of the United States
+ who have been and are yet creditors of France for supplies, for
+ embargoes, and prizes made at sea in which the appeal has been properly
+ lodged within the time mentioned in the said convention, 8th
+ Vendémiaire, ninth year (30th September, 1800).
+
+ ART. V. The preceding articles shall apply only, first, to captures of
+ which the council of prizes shall have ordered restitution, it being
+ well understood that the claimant can not have recourse to the United
+ States otherwise than he might have had to the Government of the French
+ Republic, and only in case of insufficiency of the captors; second, the
+ debts mentioned in the said fifth article of the convention, contracted
+ before the 8th Vendémiaire, an 9 (30th September, 1800), the payment of
+ which has been heretofore claimed of the actual Government of France
+ and for which the creditors have a right to the protection of the
+ United States; the said fifth article does not comprehend prizes whose
+ condemnation has been or shall be confirmed. It is the express intention
+ of the contracting parties not to extend the benefit of the present
+ convention to reclamations of American citizens who shall have
+ established houses of commerce in France, England, or other countries
+ than the United States, in partnership with foreigners, and who by
+ that reason and the nature of their commerce ought to be regarded as
+ domiciliated in the places where such houses exist. All agreements and
+ bargains concerning merchandise which shall not be the property of
+ American citizens are equally excepted from the benefit of the said
+ convention, saving, however, to such persons their claims in like manner
+ as if this treaty had not been made.
+
+ * * * * *
+
+ ART. XII. In case of claims for debts contracted by the Government of
+ France with citizens of the United States since the 8th Vendémiaire,
+ ninth year (30th September, 1800), not being comprised in this
+ convention, may be pursued, and the payment demanded in the same manner
+ as if it had not been made.
+
+
+Other articles of the treaty provide for the appointment of agents to
+liquidate the claims intended to be secured, and for the payment of them
+as allowed at the Treasury of the United States. The following is the
+concluding clause of the tenth article:
+
+
+ The rejection of any claim shall have no other effect than to exempt
+ the United States from the payment of it, the French Government
+ reserving to itself the right to decide definitively on such claim so
+ far as it concerns itself.
+
+
+Now, from the provisions of the treaties thus collated the following
+deductions undeniably follow, namely:
+
+First. Neither the second article of the convention of 1800, as it
+originally stood, nor the retrenchment of that article, nor the proviso
+in the ratification by the First Consul, nor the action of the Senate of
+the United States thereon, was regarded by either France or the United
+States as the renouncement of any claims of American citizens against
+France.
+
+Second. On the contrary, in the treaties of 1803 the two Governments
+took up the question precisely where it was left on the day of the
+signature of that of 1800, without suggestion on the part of France that
+the claims of our citizens were excluded by the retrenchment of the
+second article or the note of the First Consul, and proceeded to make
+ample provision for such as France could be induced to admit were justly
+due, and they were accordingly discharged in full, with interest, by the
+United States in the stead and behalf of France.
+
+Third. The United States, not having admitted in the convention of
+1800 that they were under any obligations to France by reason of the
+abrogation of the treaties of 1778 and 1788, persevered in this view of
+the question by the tenor of the treaties of 1803, and therefore had no
+such national obligation to discharge, and did not, either in purpose
+or in fact, at any time undertake to discharge themselves from any such
+obligation at the expense and with the property of individual citizens
+of the United States.
+
+Fourth. By the treaties of 1803 the United States obtained from France
+the acknowledgment and payment, as part of the indemnity for the cession
+of Louisiana, of claims of citizens of the United States for spoliations,
+so far as France would admit her liability in the premises; but even then
+the United States did not relinquish any claim of American citizens not
+provided for by those treaties; so far from it, to the honor of France be
+it remembered, she expressly reserved to herself the right to reconsider
+any rejected claims of citizens of the United States.
+
+Fifth. As to claims of citizens of the United States against France,
+which had been the subject of controversy between the two countries
+prior to the signature of the convention of 1800, and the further
+consideration of which was reserved for a more convenient time by the
+second article of that convention, for these claims, and these only,
+provision was made in the treaties of 1803, all other claims being
+expressly excluded by them from their scope and purview.
+
+It is not to be overlooked, though not necessary to the conclusion,
+that by the convention between France and the United States of the
+4th of July, 1831, complete provision was made for the liquidation,
+discharge, and payment on both sides of all claims of citizens of either
+against the other for unlawful seizures, captures, sequestrations, or
+destructions of the vessels, cargoes, or other property, without any
+limitation of time, so as in terms to run back to the date of the
+last preceding settlement, at least to that of 1803, if not to the
+commencement of our national relations with France.
+
+This review of the successive treaties between France and the United
+States has brought my mind to the undoubting conviction that while
+the United States have in the most ample and the completest manner
+discharged their duty toward such of their citizens as may have been at
+any time aggrieved by acts of the French Government, so also France has
+honorably discharged herself of all obligations in the premises toward
+the United States. To concede what this bill assumes would be to impute
+undeserved reproach both to France and to the United States.
+
+I am, of course, aware that the bill proposes only to provide
+indemnification for such valid claims of citizens of the United States
+against France as shall not have been stipulated for and embraced in
+any of the treaties enumerated. But in excluding all such claims it
+excludes all, in fact, for which, during the negotiations, France could
+be persuaded to agree that she was in any wise liable to the United
+States or our citizens. What remains? And for what is five millions
+appropriated? In view of what has been said there would seem to be no
+ground on which to raise a liability of the United States, unless it be
+the assumption that the United States are to be considered the insurer
+and the guarantor of all claims, of whatever nature, which any
+individual citizen may have against a foreign nation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 3_, [_1855_.]
+
+_To the House of Representatives_:
+
+I return herewith to the House of Representatives, in which it
+originated, the bill entitled "An act making appropriations for
+the transportation of the United States mail, by ocean steamers and
+otherwise, during the fiscal years ending the 30th of June, 1855, and
+the 30th of June, 1856," with a brief statement of the reasons which
+prevent its receiving my approval. The bill provides, among other
+things, that--
+
+
+ The following sums be, and the same are hereby, appropriated, to be
+ paid out of any money in the Treasury not otherwise appropriated, for
+ the year ending the 30th of June, 1856:
+
+ For transportation of the mails from New York to Liverpool and back,
+ $858,000; and that the proviso contained in the first section of the
+ act entitled "An act to supply deficiencies in the appropriations for
+ the service of the fiscal year ending the 30th of June, 1852," approved
+ the 21st of July, 1852, be, and the same is hereby, repealed:
+ _Provided_, That Edward K. Collins and his associates shall proceed
+ with all due diligence to build another steamship, in accordance with
+ the terms of their contract, and have the same ready for the mail
+ service in two years from and after the passage of this act; and if the
+ said steamship is not ready within the time above mentioned, by reason
+ of any neglect or want of diligence on their part, then the said Edward
+ K. Collins and his associates shall carry the United States mails
+ between New York and Liverpool from the expiration of the said two
+ years, every fortnight, free of any charge to the Government, until the
+ new steamship shall have commenced the said mail service.
+
+
+The original contract was predicated upon the proposition of E.K.
+Collins of March 6, 1846, made with abundant means of knowledge as to
+the advantages and disadvantages of the terms which he then submitted
+for the acceptance of the Government. The proposition was in the
+following terms:
+
+
+ WASHINGTON, _March 6, 1846_.
+
+ E.K. Collins and his associates propose to carry the United States mail
+ between New York and Liverpool twice each month during eight months of
+ the year and once a month during the other four months for the sum of
+ $385,000 per annum, payable quarterly. For this purpose they will agree
+ to build five steamships of not less than 2,000 tons measurement and of
+ 1,000 horsepower each, which vessels shall be built for great speed and
+ sufficiently strong for war purposes.
+
+ Four of said vessels to be ready for service in eighteen months from
+ the signing of the contract. The fifth vessel to be built as early as
+ possibly practicable, and when not employed in the mail service to be
+ subject to the orders of the Government for carrying dispatches, for
+ which service a fair compensation is to be paid. Contract to be for
+ the term of ten years. It is also proposed to secure to the United
+ States the privilege of purchasing said steamships whenever they
+ may be required for public purposes, at a fair valuation, to be
+ ascertained by appraisers appointed by the United States and by the
+ owners.
+
+ EDWARD K. COLLINS.
+
+
+The act of March 3, 1847, provides--
+
+
+ That from and immediately after the passage of this act it shall
+ be the duty of the Secretary of the Navy to accept, on the part of
+ the Government of the United States, the proposals of E.K. Collins
+ and his associates, of the city of New York, submitted to the
+ Postmaster-General, and dated at Washington, March 6, 1846, for
+ the transportation of the United States mail between New York and
+ Liverpool, and to contract with the said E.K. Collins and his
+ associates for the faithful fulfillment of the stipulations therein
+ contained, and in accordance with the provisions of this act.
+
+
+And under this proposition and enactment the original contract was
+made.
+
+According to the terms of that contract the parties were to receive from
+the United States for twenty round trips each year the sum of $19,250
+the trip, or $385,000 per annum; and they were to construct and provide
+five ships of a stipulated size and quality for the performance of this
+or other service for the Government.
+
+Of the ships contracted for, only four have been furnished--the
+_Atlantic, Pacific, Arctic_, and _Baltic_--and the present bill proposes
+to dispense entirely with the original condition of a fifth ship, by
+only requiring the construction of one, which would but supply the
+place of the _Arctic_, recently lost by peril of the sea. Certain minor
+conditions involving expense to the contractors, among which was one
+for the accommodation and subsistence of a certain number of passed
+midshipmen on each vessel, had previously been dispensed with on the
+part of the United States.
+
+By act of Congress of July 21, 1852, the amount of compensation to
+the contractors was increased from $19,250 to $33,000 a trip and the
+number of trips from twenty to twenty-six each year, making the whole
+compensation $858,000 per annum. During the period of time from the
+commencement of the service of these contractors, on the 27th of April,
+1850, to the end of the last fiscal year, June 30, 1854, the sum paid
+to them by the United States amounted to $2,620,906, without reckoning
+public money advanced on loan to aid them in the construction of the
+ships; while the whole amount of postages derived to the Department has
+been only $734,056, showing an excess of expenditure above receipts of
+$1,886,440 to the charge of the Government. In the meantime, in addition
+to the payments from the Treasury, the parties have been in the
+enjoyment of large receipts from the transportation of passengers and
+merchandise, the profits of which are in addition to the amount allowed
+by the United States.
+
+It does not appear that the liberal conditions heretofore enjoyed by
+the parties were less than a proper compensation for the service to be
+performed, including whatever there may have been of hazard in a new
+undertaking, nor that any hardship can be justly alleged calling for
+relief on the part of the Government.
+
+On the other hand, the construction of five ships of great speed,
+and sufficiently strong for war purposes, and the services of passed
+midshipmen on board of them, so as thus to augment the contingent force
+and the actual efficiency of the Navy, were among the inducements of the
+Government to enter into the contract.
+
+The act of July 21, 1852, provides "that it shall be in the power of
+Congress at any time after the 31st day of December, 1854, to terminate
+the arrangement for the additional allowance herein provided for upon
+giving six months' notice;" and it will be seen that, with the exception
+of the six additional trips required by the act of July 21, 1852, there
+has been no departure from the original engagement but to relieve
+the contractors from obligation, and yet by the act last named the
+compensation was increased from $385,000 to $858,000, with no other
+protection to the public interests provided than the right which
+Congress reserved to itself to terminate the contract, so far as this
+increased compensation was concerned, after six months' notice. This
+last provision, certainly a primary consideration for the more generous
+action of the Government, the present bill proposes to repeal, so as to
+leave Congress no power to terminate the new arrangement.
+
+To this repeal the objections are, in my mind, insuperable, because in
+terms it deprives the United States of all future discretion as to the
+increased service and compensation, whatever changes may occur in the
+art of navigation, its expenses, or the policy and political condition
+of the country. The gravity of this objection is enhanced by other
+considerations. While the contractors are to be paid a compensation
+nearly double the rate of the original contract, they are exempted from
+several of its conditions, which has the effect of adding still more to
+that rate; while the further advantage is conceded to them of placing
+their new privileges beyond the control even of Congress.
+
+It will be regarded as a less serious objection than that already
+stated, but one which should not be overlooked, that the privileges
+bestowed upon the contractors are without corresponding advantages to
+the Government, which receives no sufficient pecuniary or other return
+for the immense outlay involved, which could obtain the same service of
+other parties at less cost, and which, if the bill becomes a law, will
+pay them a large amount of public money without adequate consideration;
+that is, will in effect confer a gratuity whilst nominally making
+provision for the transportation of the mails of the United States.
+
+To provide for making a donation of such magnitude and to give to the
+arrangement the character of permanence which this bill proposes would
+be to deprive commercial enterprise of the benefits of free competition
+and to establish a monopoly in violation of the soundest principles of
+public policy and of doubtful compatibility with the Constitution.
+
+I am, of course, not unmindful of the fact that the bill comprises
+various other appropriations which are more or less important to the
+public interests, for which reason my objections to it are communicated
+at the first meeting of the House following its presentation to me, in
+the hope that by amendment to bills now pending or otherwise suitable
+provision for all the objects in question may be made before the
+adjournment of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of the Congress of the United States approved the
+5th day of August, 1854, entitled "An act to carry into effect a
+treaty between the United States and Great Britain signed on the 5th
+day of June, 1854," it is provided that whenever the President of the
+United States shall receive satisfactory evidence that the Imperial
+Parliament of Great Britain and the Provincial Parliaments of Canada,
+New Brunswick, Nova Scotia, and Prince Edwards Island have passed laws
+on their part to give full effect to the provisions of the said treaty,
+he is authorized to issue his proclamation declaring that he has such
+evidence; and
+
+Whereas satisfactory information has been received by me that the
+Imperial Parliament of Great Britain and the Provincial Parliaments
+of Canada, New Brunswick, Nova Scotia, and Prince Edwards Island have
+passed laws on their part to give full effect to the provisions of the
+treaty aforesaid:
+
+Now, therefore, I, Franklin Pierce, President of the United States
+of America, do hereby declare and proclaim that from this date the
+following articles, being the growth and produce of the said Provinces
+of Canada, New Brunswick, Nova Scotia, and Prince Edwards Island, to
+wit: Grain, flour, and breadstuffs of all kinds; animals of all kinds;
+fresh, smoked, and salted meats; cotton wool, seeds and vegetables,
+undried fruits, dried fruits, fish of all kinds, products of fish and
+all other creatures living in the water, poultry, eggs; hides, furs,
+skins, or tails, undressed; stone or marble in its crude or unwrought
+state, slate, butter, cheese, tallow, lard, horns, manures, ores of
+metals of all kinds, coal, pitch, tar, turpentine, ashes; timber and
+lumber of all kinds, round, hewed, and sawed, unmanufactured in whole
+or in part; firewood; plants, shrubs, and trees; pelts, wool, fish oil,
+rice, broom corn, and bark; gypsum, ground or unground; hewn or wrought
+or unwrought burr or grind stones; dyestuffs; flax, hemp, and tow,
+unmanufactured; unmanufactured tobacco, rags--shall be introduced into
+the United States free of duty so long as the said treaty shall remain
+in force, subject, however, to be suspended in relation to the trade
+with Canada on the condition mentioned in the fourth article of the said
+treaty, and that all the other provisions of the said treaty shall go
+into effect and be observed on the part of the United States.
+
+Given under my hand, at the city of Washington, the 16th day of March,
+A.D. 1855, and of the Independence of the United States the
+seventy-ninth.
+
+[SEAL.]
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the act of Congress of the 28th of September, 1850, entitled "An
+act to create additional collection districts in the State of California
+and to change the existing district therein, and to modify the existing
+collection districts in the United States," extends to merchandise
+warehoused under bond the privilege of being exported to the British
+North American Provinces adjoining the United States in the manner
+prescribed in the act of Congress of the 3d of March, 1845, which
+designates certain frontier ports through which merchandise may be
+exported, and further provides "that such other ports situated on the
+frontiers of the United States adjoining the British North American
+Provinces as may hereafter be found expedient may have extended to them
+the like privileges on the recommendation of the Secretary of the
+Treasury and proclamation duly made by the President of the United
+States specially designating the ports to which the aforesaid privileges
+are to be extended:"
+
+Now, therefore, I, Franklin Pierce, President of the United States of
+America, in accordance with the recommendation of the Secretary of the
+Treasury, do hereby declare and proclaim that the ports of Rouses Point,
+Cape Vincent, Suspension Bridge, and Dunkirk, in the State of New York;
+Swanton, Alburg, and Island Pond, in the State of Vermont; Toledo, in
+the State of Ohio; Chicago, in the State of Illinois; Milwaukee, in the
+State of Wisconsin; Michilimackinac, in the State of Michigan; Eastport,
+in the State of Maine; and Pembina, in the Territory of Minnesota, are
+and shall be entitled to all the privileges in regard to the exportation
+of merchandise in bond to the British North American Provinces adjoining
+the United States which are extended to the ports enumerated in the
+seventh section of the act of Congress of the 3d of March, 1845,
+aforesaid, from and after the date of this proclamation.
+
+In witness whereof I have hereunto set my hand and caused the seal of
+the United States to be affixed.
+
+Done at the city of Washington, this 2d day of July, A.D. 1855, and of
+the Independence of the United States of America the seventy-ninth.
+
+[SEAL]
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 31, 1855_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The Constitution of the United States provides that Congress shall
+assemble annually on the first Monday of December, and it has been usual
+for the President to make no communication of a public character to the
+Senate and House of Representatives until advised of their readiness to
+receive it. I have deferred to this usage until the close of the first
+month of the session, but my convictions of duty will not permit me
+longer to postpone the discharge of the obligation enjoined by the
+Constitution upon the President "to give to the Congress information of
+the state of the Union and recommend to their consideration such
+measures as he shall judge necessary and expedient."
+
+It is matter of congratulation that the Republic is tranquilly advancing
+in a career of prosperity and peace.
+
+Whilst relations of amity continue to exist between the United States
+and all foreign powers, with some of them grave questions are depending
+which may require the consideration of Congress.
+
+Of such questions, the most important is that which has arisen out of
+the negotiations with Great Britain in reference to Central America.
+
+By the convention concluded between the two Governments on the 19th of
+April, 1850, both parties covenanted that "neither will ever" "occupy,
+or fortify, or colonize, or assume or exercise any dominion over
+Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central
+America."
+
+It was the undoubted understanding of the United States in making this
+treaty that all the present States of the former Republic of Central
+America and the entire territory of each would thenceforth enjoy
+complete independence, and that both contracting parties engaged equally
+and to the same extent, for the present and for the future, that if
+either then had any claim of right in Central America such claim and all
+occupation or authority under it were unreservedly relinquished by the
+stipulations of the convention, and that no dominion was thereafter to
+be exercised or assumed in any part of Central America by Great Britain
+or the United States.
+
+This Government consented to restrictions in regard to a region of
+country wherein we had specific and peculiar interests only upon the
+conviction that the like restrictions were in the same sense obligatory
+on Great Britain. But for this understanding of the force and effect of
+the convention it would never have been concluded by us.
+
+So clear was this understanding on the part of the United States that in
+correspondence contemporaneous with the ratification of the convention
+it was distinctly expressed that the mutual covenants of nonoccupation
+were not intended to apply to the British establishment at the Balize.
+This qualification is to be ascribed to the fact that, in virtue of
+successive treaties with previous sovereigns of the country, Great
+Britain had obtained a concession of the right to cut mahogany or
+dye-woods at the Balize, but with positive exclusion of all domain
+or sovereignty; and thus it confirms the natural construction and
+understood import of the treaty as to all the rest of the region
+to which the stipulations applied.
+
+It, however, became apparent at an early day after entering upon the
+discharge of my present functions that Great Britain still continued in
+the exercise or assertion of large authority in all that part of Central
+America commonly called the Mosquito Coast, and covering the entire
+length of the State of Nicaragua and a part of Costa Rica; that she
+regarded the Balize as her absolute domain and was gradually extending
+its limits at the expense of the State of Honduras, and that she had
+formally colonized a considerable insular group known as the Bay
+Islands, and belonging of right to that State.
+
+All these acts or pretensions of Great Britain, being contrary to the
+rights of the States of Central America and to the manifest tenor of her
+stipulations with the United States as understood by this Government,
+have been made the subject of negotiation through the American minister
+in London. I transmit herewith the instructions to him on the subject
+and the correspondence between him and the British secretary for foreign
+affairs, by which you will perceive that the two Governments differ
+widely and irreconcilably as to the construction of the convention and
+its effect on their respective relations to Central America.
+
+Great Britain so construes the convention as to maintain unchanged all
+her previous pretensions over the Mosquito Coast and in different parts
+of Central America. These pretensions as to the Mosquito Coast are
+founded on the assumption of political relation between Great Britain
+and the remnant of a tribe of Indians on that coast, entered into at a
+time when the whole country was a colonial possession of Spain. It can
+not be successfully controverted that by the public law of Europe and
+America no possible act of such Indians or their predecessors could
+confer on Great Britain any political rights.
+
+Great Britain does not allege the assent of Spain as the origin of her
+claims on the Mosquito Coast. She has, on the contrary, by repeated and
+successive treaties renounced and relinquished all pretensions of her
+own and recognized the full and sovereign rights of Spain in the most
+unequivocal terms. Yet these pretensions, so without solid foundation
+in the beginning and thus repeatedly abjured, were at a recent period
+revived by Great Britain against the Central American States, the
+legitimate successors to all the ancient jurisdiction of Spain in that
+region. They were first applied only to a defined part of the coast of
+Nicaragua, afterwards to the whole of its Atlantic coast, and lastly to
+a part of the coast of Costa Rica, and they are now reasserted to this
+extent notwithstanding engagements to the United States.
+
+On the eastern coast of Nicaragua and Costa Rica the interference of
+Great Britain, though exerted at one time in the form of military
+occupation of the port of San Juan del Norte, then in the peaceful
+possession of the appropriate authorities of the Central American
+States, is now presented by her as the rightful exercise of a
+protectorship over the Mosquito tribe of Indians.
+
+But the establishment at the Balize, now reaching far beyond its
+treaty limits into the State of Honduras, and that of the Bay Islands,
+appertaining of right to the same State, are as distinctly colonial
+governments as those of Jamaica or Canada, and therefore contrary to the
+very letter, as well as the spirit, of the convention with the United
+States as it was at the time of ratification and now is understood by
+this Government.
+
+The interpretation which the British Government thus, in assertion
+and act, persists in ascribing to the convention entirely changes
+its character. While it holds us to all our obligations, it in a
+great measure releases Great Britain from those which constituted the
+consideration of this Government for entering into the convention. It
+is impossible, in my judgment, for the United States to acquiesce in
+such a construction of the respective relations of the two Governments
+to Central America.
+
+To a renewed call by this Government upon Great Britain to abide by and
+carry into effect the stipulations of the convention according to its
+obvious import by withdrawing from the possession or colonization of
+portions of the Central American States of Honduras, Nicaragua, and
+Costa Rica, the British Government has at length replied, affirming that
+the operation of the treaty is prospective only and did not require
+Great Britain to abandon or contract any possessions held by her in
+Central America at the date of its conclusion.
+
+This reply substitutes a partial issue in the place of the general one
+presented by the United States. The British Government passes over the
+question of the rights of Great Britain, real or supposed, in Central
+America, and assumes that she had such rights at the date of the treaty
+and that those rights comprehended the protectorship of the Mosquito
+Indians, the extended jurisdiction and limits of the Balize, and the
+colony of the Bay Islands, and thereupon proceeds by implication to
+infer that if the stipulations of the treaty be merely future in effect
+Great Britain may still continue to hold the contested portions of
+Central America. The United States can not admit either the inference
+or the premises. We steadily deny that at the date of the treaty Great
+Britain had any possessions there other than the limited and peculiar
+establishment at the Balize, and maintain that if she had any they were
+surrendered by the convention.
+
+This Government, recognizing the obligations of the treaty, has, of
+course, desired to see it executed in good faith by both parties, and
+in the discussion, therefore, has not looked to rights which we might
+assert independently of the treaty in consideration of our geographical
+position and of other circumstances which create for us relations to the
+Central American States different from those of any government of
+Europe.
+
+The British Government, in its last communication, although well knowing
+the views of the United States, still declares that it sees no reason
+why a conciliatory spirit may not enable the two Governments to overcome
+all obstacles to a satisfactory adjustment of the subject.
+
+Assured of the correctness of the construction of the treaty constantly
+adhered to by this Government and resolved to insist on the rights
+of the United States, yet actuated also by the same desire which is
+avowed by the British Government, to remove all causes of serious
+misunderstanding between two nations associated by so many ties of
+interest and kindred, it has appeared to me proper not to consider
+an amicable solution of the controversy hopeless.
+
+There is, however, reason to apprehend that with Great Britain in the
+actual occupation of the disputed territories, and the treaty therefore
+practically null so far as regards our rights, this international
+difficulty can not long remain undetermined without involving in serious
+danger the friendly relations which it is the interest as well as the
+duty of both countries to cherish and preserve. It will afford me
+sincere gratification if future efforts shall result in the success
+anticipated heretofore with more confidence than the aspect of the case
+permits me now to entertain.
+
+One other subject of discussion between the United States and Great
+Britain has grown out of the attempt, which the exigencies of the war in
+which she is engaged with Russia induced her to make, to draw recruits
+from the United States.
+
+It is the traditional and settled policy of the United States to
+maintain impartial neutrality during the wars which from time to time
+occur among the great powers of the world. Performing all the duties of
+neutrality toward the respective belligerent states, we may reasonably
+expect them not to interfere with our lawful enjoyment of its benefits.
+Notwithstanding the existence of such hostilities, our citizens retained
+the individual right to continue all their accustomed pursuits, by land
+or by sea, at home or abroad, subject only to such restrictions in this
+relation as the laws of war, the usage of nations, or special treaties
+may impose; and it is our sovereign right that our territory and
+jurisdiction shall not be invaded by either of the belligerent parties
+for the transit of their armies, the operations of their fleets, the
+levy of troops for their service, the fitting out of cruisers by or
+against either, or any other act or incident of war. And these
+undeniable rights of neutrality, individual and national, the United
+States will under no circumstances surrender.
+
+In pursuance of this policy, the laws of the United States do not
+forbid their citizens to sell to either of the belligerent powers
+articles contraband of war or take munitions of war or soldiers on
+board their private ships for transportation; and although in so doing
+the individual citizen exposes his property or person to some of the
+hazards of war, his acts do not involve any breach of national neutrality
+nor of themselves implicate the Government. Thus, during the progress
+of the present war in Europe, our citizens have, without national
+responsibility therefor, sold gunpowder and arms to all buyers,
+regardless of the destination of those articles. Our merchantmen have
+been, and still continue to be, largely employed by Great Britain and by
+France in transporting troops, provisions, and munitions of war to the
+principal seat of military operations and in bringing home their sick
+and wounded soldiers; but such use of our mercantile marine is not
+interdicted either by the international or by our municipal law, and
+therefore does not compromit our neutral relations with Russia.
+
+But our municipal law, in accordance with the law of nations,
+peremptorily forbids not only foreigners, but our own citizens, to fit
+out within the United States a vessel to commit hostilities against any
+state with which the United States are at peace, or to increase the
+force of any foreign armed vessel intended for such hostilities against
+a friendly state.
+
+Whatever concern may have been felt by either of the belligerent powers
+lest private armed cruisers or other vessels in the service of one might
+be fitted out in the ports of this country to depredate on the property
+of the other, all such fears have proved to be utterly groundless. Our
+citizens have been withheld from any such act or purpose by good faith
+and by respect for the law.
+
+While the laws of the Union are thus peremptory in their prohibition of
+the equipment or armament of belligerent cruisers in our ports, they
+provide not less absolutely that no person shall, within the territory
+or jurisdiction of the United States, enlist or enter himself, or hire
+or retain another person to enlist or enter himself, or to go beyond the
+limits or jurisdiction of the United States with intent to be enlisted
+or entered, in the service of any foreign state, either as a soldier or
+as a marine or seaman on board of any vessel of war, letter of marque,
+or privateer. And these enactments are also in strict conformity with
+the law of nations, which declares that no state has the right to raise
+troops for land or sea service in another state without its consent, and
+that, whether forbidden by the municipal law or not, the very attempt to
+do it without such consent is an attack on the national sovereignty.
+
+Such being the public rights and the municipal law of the United States,
+no solicitude on the subject was entertained by this Government when,
+a year since, the British Parliament passed an act to provide for the
+enlistment of foreigners in the military service of Great Britain.
+Nothing on the face of the act or in its public history indicated that
+the British Government proposed to attempt recruitment in the United
+States, nor did it ever give intimation of such intention to this
+Government. It was matter of surprise, therefore, to find subsequently
+that the engagement of persons within the United States to proceed to
+Halifax, in the British Province of Nova Scotia, and there enlist in the
+service of Great Britain, was going on extensively, with little or no
+disguise. Ordinary legal steps were immediately taken to arrest and
+punish parties concerned, and so put an end to acts infringing the
+municipal law and derogatory to our sovereignty. Meanwhile suitable
+representations on the subject were addressed to the British Government.
+
+Thereupon it became known, by the admission of the British Government
+itself, that the attempt to draw recruits from this country originated
+with it, or at least had its approval and sanction; but it also appeared
+that the public agents engaged in it had "stringent instructions" not to
+violate the municipal law of the United States.
+
+It is difficult to understand how it should have been supposed that
+troops could be raised here by Great Britain without violation of the
+municipal law. The unmistakable object of the law was to prevent every
+such act which if performed must be either in violation of the law or in
+studied evasion of it, and in either alternative the act done would be
+alike injurious to the sovereignty of the United States.
+
+In the meantime the matter acquired additional importance by the
+recruitments in the United States not being discontinued, and the
+disclosure of the fact that they were prosecuted upon a systematic plan
+devised by official authority; that recruiting rendezvous had been
+opened in our principal cities and depots for the reception of recruits
+established on our frontier, and the whole business conducted under the
+supervision and by the regular cooperation of British officers, civil
+and military, some in the North American Provinces and some in the
+United States. The complicity of those officers in an undertaking which
+could only be accomplished by defying our laws, throwing suspicion over
+our attitude of neutrality, and disregarding our territorial rights is
+conclusively proved by the evidence elicited on the trial of such of
+their agents as have been apprehended and convicted. Some of the
+officers thus implicated are of high official position, and many of them
+beyond our jurisdiction, so that legal proceedings could not reach the
+source of the mischief.
+
+These considerations, and the fact that the cause of complaint was not a
+mere casual occurrence, but a deliberate design, entered upon with full
+knowledge of our laws and national policy and conducted by responsible
+public functionaries, impelled me to present the case to the British
+Government, in order to secure not only a cessation of the wrong, but
+its reparation. The subject is still under discussion, the result of
+which will be communicated to you in due time.
+
+I repeat the recommendation submitted to the last Congress, that
+provision be made for the appointment of a commissioner, in connection
+with Great Britain, to survey and establish the boundary line which
+divides the Territory of Washington from the contiguous British
+possessions. By reason of the extent and importance of the country
+in dispute, there has been imminent danger of collision between the
+subjects of Great Britain and the citizens of the United States,
+including their respective authorities, in that quarter. The prospect of
+a speedy arrangement has contributed hitherto to induce on both sides
+forbearance to assert by force what each claims as a right. Continuance
+of delay on the part of the two Governments to act in the matter will
+increase the dangers and difficulties of the controversy.
+
+Misunderstanding exists as to the extent, character, and value of the
+possessory rights of the Hudsons Bay Company and the property of the
+Pugets Sound Agricultural Company reserved in our treaty with Great
+Britain relative to the Territory of Oregon. I have reason to believe
+that a cession of the rights of both companies to the United States,
+which would be the readiest means of terminating all questions, can be
+obtained on reasonable terms, and with a view to this end I present the
+subject to the attention of Congress.
+
+The colony of Newfoundland, having enacted the laws required by the
+treaty of the 5th of June, 1854, is now placed on the same footing in
+respect to commercial intercourse with the United States as the other
+British North American Provinces.
+
+The commission which that treaty contemplated, for determining the
+rights of fishery in rivers and mouths of rivers on the coasts of
+the United States and the British North American Provinces, has been
+organized, and has commenced its labors, to complete which there are
+needed further appropriations for the service of another season.
+
+In pursuance of the authority conferred by a resolution of the Senate of
+the United States passed on the 3d of March last, notice was given to
+Denmark on the 14th day of April of the intention of this Government
+to avail itself of the stipulation of the subsisting convention of
+friendship, commerce, and navigation between that Kingdom and the United
+States whereby either party might after ten years terminate the same at
+the expiration of one year from the date of notice for that purpose.
+
+The considerations which led me to call the attention of Congress to
+that convention and induced the Senate to adopt the resolution referred
+to still continue in full force. The convention contains an article
+which, although it does not directly engage the United States to submit
+to the imposition of tolls on the vessels and cargoes of Americans
+passing into or from the Baltic Sea during the continuance of the
+treaty, yet may by possibility be construed as implying such submission.
+The exaction of those tolls not being justified by any principle of
+international law, it became the right and duty of the United States to
+relieve themselves from the implication of engagement on the subject,
+so as to be perfectly free to act in the premises in such way as their
+public interests and honor shall demand.
+
+I remain of the opinion that the United States ought not to submit to
+the payment of the Sound dues, not so much because of their amount,
+which is a secondary matter, but because it is in effect the recognition
+of the right of Denmark to treat one of the great maritime highways of
+nations as a close sea, and prevent the navigation of it as a privilege,
+for which tribute may be imposed upon those who have occasion to use it.
+
+This Government on a former occasion, not unlike the present, signalized
+its determination to maintain the freedom of the seas and of the great
+natural channels of navigation. The Barbary States had for a long time
+coerced the payment of tribute from all nations whose ships frequented
+the Mediterranean. To the last demand of such payment made by them the
+United States, although suffering less by their depredations than many
+other nations, returned the explicit answer that we preferred war to
+tribute, and thus opened the way to the relief of the commerce of the
+world from an ignominious tax, so long submitted to by the more powerful
+nations of Europe.
+
+If the manner of payment of the Sound dues differ from that of the
+tribute formerly conceded to the Barbary States, still their exaction
+by Denmark has no better foundation in right. Each was in its origin
+nothing but a tax on a common natural right, extorted by those who were
+at that time able to obstruct the free and secure enjoyment of it, but
+who no longer possess that power.
+
+Denmark, while resisting our assertion of the freedom of the Baltic
+Sound and Belts, has indicated a readiness to make some new arrangement
+on the subject, and has invited the governments interested, including
+the United States, to be represented in a convention to assemble for the
+purpose of receiving and considering a proposition which she intends to
+submit for the capitalization of the Sound dues and the distribution of
+the sum to be paid as commutation among the governments according to
+the respective proportions of their maritime commerce to and from the
+Baltic. I have declined, in behalf of the United States, to accept this
+invitation, for the most cogent reasons. One is that Denmark does not
+offer to submit to the convention the question of her right to levy the
+Sound dues. The second is that if the convention were allowed to take
+cognizance of that particular question, still it would not be competent
+to deal with the great international principle involved, which affects
+the right in other cases of navigation and commercial freedom, as well
+as that of access to the Baltic. Above all, by the express terms of the
+proposition it is contemplated that the consideration of the Sound dues
+shall be commingled with and made subordinate to a matter wholly
+extraneous--the balance of power among the Governments of Europe.
+
+While, however, rejecting this proposition and insisting on the right
+of free transit into and from the Baltic, I have expressed to Denmark
+a willingness on the part of the United States to share liberally with
+other powers in compensating her for any advantages which commerce shall
+hereafter derive from expenditures made by her for the improvement and
+safety of the navigation of the Sound or Belts.
+
+I lay before you herewith sundry documents on the subject, in which my
+views are more fully disclosed. Should no satisfactory arrangement be
+soon concluded, I shall again call your attention to the subject, with
+recommendation of such measures as may appear to be required in order to
+assert and secure the rights of the United States, so far as they are
+affected by the pretensions of Denmark.
+
+I announce with much gratification that since the adjournment of the
+last Congress the question then existing between this Government and
+that of France respecting the French consul at San Francisco has been
+satisfactorily determined, and that the relations of the two Governments
+continue to be of the most friendly nature.
+
+A question, also, which has been pending for several years between
+the United States and the Kingdom of Greece, growing out of the
+sequestration by public authorities of that country of property
+belonging to the present American consul at Athens, and which had been
+the subject of very earnest discussion heretofore, has recently been
+settled to the satisfaction of the party interested and of both
+Governments.
+
+With Spain peaceful relations are still maintained, and some progress
+has been made in securing the redress of wrongs complained of by this
+Government. Spain has not only disavowed and disapproved the conduct
+of the officers who illegally seized and detained the steamer _Black
+Warrior_ at Havana, but has also paid the sum claimed as indemnity for
+the loss thereby inflicted on citizens of the United States.
+
+In consequence of a destructive hurricane which visited Cuba in 1844,
+the supreme authority of that island issued a decree permitting the
+importation for the period of six months of certain building materials
+and provisions free of duty, but revoked it when about half the period
+only had elapsed, to the injury of citizens of the United States who had
+proceeded to act on the faith of that decree. The Spanish Government
+refused indemnification to the parties aggrieved until recently, when it
+was assented to, payment being promised to be made so soon as the amount
+due can be ascertained.
+
+Satisfaction claimed for the arrest and search of the steamer _El
+Dorado_ has not yet been accorded, but there is reason to believe that
+it will be; and that case, with others, continues to be urged on the
+attention of the Spanish Government. I do not abandon the hope of
+concluding with Spain some general arrangement which, if it do not
+wholly prevent the recurrence of difficulties in Cuba, will render them
+less frequent, and, whenever they shall occur, facilitate their more
+speedy settlement.
+
+The interposition of this Government has been invoked by many of its
+citizens on account of injuries done to their persons and property for
+which the Mexican Republic is responsible. The unhappy situation of that
+country for some time past has not allowed its Government to give due
+consideration to claims of private reparation, and has appeared to
+call for and justify some forbearance in such matters on the part
+of this Government. But if the revolutionary movements which have
+lately occurred in that Republic end in the organization of a stable
+government, urgent appeals to its justice will then be made, and, it
+may be hoped, with success, for the redress of all complaints of our
+citizens.
+
+In regard to the American Republics, which from their proximity and
+other considerations have peculiar relations to this Government, while
+it has been my constant aim strictly to observe all the obligations of
+political friendship and of good neighborhood, obstacles to this have
+arisen in some of them from their own insufficient power to check
+lawless irruptions, which in effect throws most of the task on the
+United States. Thus it is that the distracted internal condition of the
+State of Nicaragua has made it incumbent on me to appeal to the good
+faith of our citizens to abstain from unlawful intervention in its
+affairs and to adopt preventive measures to the same end, which on a
+similar occasion had the best results in reassuring the peace of the
+Mexican States of Sonora and Lower California.
+
+Since the last session of Congress a treaty of amity, commerce, and
+navigation and for the surrender of fugitive criminals with the Kingdom
+of the Two Sicilies; a treaty of friendship, commerce, and navigation
+with Nicaragua, and a convention of commercial reciprocity with the
+Hawaiian Kingdom have been negotiated. The latter Kingdom and the
+State of Nicaragua have also acceded to a declaration recognizing as
+international rights the principles contained in the convention between
+the United States and Russia of July 22, 1854. These treaties and
+conventions will be laid before the Senate for ratification.
+
+The statements made in my last annual message respecting the anticipated
+receipts and expenditures of the Treasury have been substantially
+verified.
+
+It appears from the report of the Secretary of the Treasury that the
+receipts during the last fiscal year, ending June 30, 1855, from all
+sources were $65,003,930, and that the public expenditures for the same
+period, exclusive of payments on account of the public debt, amounted to
+$56,365,393. During the same period the payments made in redemption of
+the public debt, including interest and premium, amounted to $9,844,528.
+
+The balance in the Treasury at the beginning of the present fiscal year,
+July 1, 1855, was $18,931,976; the receipts for the first quarter and
+the estimated receipts for the remaining three quarters amount together
+to $67,918,734; thus affording in all, as the available resources of the
+current fiscal year, the sum of $86,856,710.
+
+If to the actual expenditures of the first quarter of the current
+fiscal year be added the probable expenditures for the remaining three
+quarters, as estimated by the Secretary of the Treasury, the sum total
+will be $71,226,846, thereby leaving an estimated balance in the
+Treasury on July 1, 1856, of $15,623,863.41.
+
+In the above-estimated expenditures of the present fiscal year are
+included $3,000,000 to meet the last installment of the ten millions
+provided for in the late treaty with Mexico and $7,750,000 appropriated
+on account of the debt due to Texas, which two sums make an aggregate
+amount of $10,750,000 and reduce the expenditures, actual or estimated,
+for ordinary objects of the year to the sum of $60,476,000.
+
+The amount of the public debt at the commencement of the present fiscal
+year was $40,583,631, and, deduction being made of subsequent payments,
+the whole public debt of the Federal Government remaining at this time
+is less than $40,000,000. The remnant of certain other Government
+stocks, amounting to $243,000, referred to in my last message as
+outstanding, has since been paid.
+
+I am fully persuaded that it would be difficult to devise a system
+superior to that by which the fiscal business of the Government is
+now conducted. Notwithstanding the great number of public agents of
+collection and disbursement, it is believed that the checks and guards
+provided, including the requirement of monthly returns, render it
+scarcely possible for any considerable fraud on the part of those agents
+or neglect involving hazard of serious public loss to escape detection.
+I renew, however, the recommendation heretofore made by me of the
+enactment of a law declaring it felony on the part of public officers
+to insert false entries in their books of record or account or to make
+false returns, and also requiring them on the termination of their
+service to deliver to their successors all books, records, and other
+objects of a public nature in their custody.
+
+Derived, as our public revenue is, in chief part from duties on imports,
+its magnitude affords gratifying evidence of the prosperity, not only of
+our commerce, but of the other great interests upon which that depends.
+
+The principle that all moneys not required for the current expenses of
+the Government should remain for active employment in the hands of the
+people and the conspicuous fact that the annual revenue from all sources
+exceeds by many millions of dollars the amount needed for a prudent and
+economical administration of public affairs can not fail to suggest the
+propriety of an early revision and reduction of the tariff of duties on
+imports. It is now so generally conceded that the purpose of revenue
+alone can justify the imposition of duties on imports that in
+readjusting the impost tables and schedules, which unquestionably
+require essential modifications, a departure from the principles of the
+present tariff is not anticipated.
+
+The Army during the past year has been actively engaged in defending the
+Indian frontier, the state of the service permitting but few and small
+garrisons in our permanent fortifications. The additional regiments
+authorized at the last session of Congress have been recruited and
+organized, and a large portion of the troops have already been sent to
+the field. All the duties which devolve on the military establishment
+have been satisfactorily performed, and the dangers and privations
+incident to the character of the service required of our troops have
+furnished additional evidence of their courage, zeal, and capacity to
+meet any requisition which their country may make upon them. For the
+details of the military operations, the distribution of the troops, and
+additional provisions required for the military service, I refer to the
+report of the Secretary of War and the accompanying documents.
+
+Experience gathered from events which have transpired since my last
+annual message has but served to confirm the opinion then expressed of
+the propriety of making provision by a retired list for disabled
+officers and for increased compensation to the officers retained on the
+list for active duty. All the reasons which existed when these measures
+were recommended on former occasions continue without modification,
+except so far as circumstances have given to some of them additional
+force. The recommendations heretofore made for a partial reorganization
+of the Army are also renewed. The thorough elementary education given
+to those officers who commence their service with the grade of cadet
+qualifies them to a considerable extent to perform the duties of every
+arm of the service; but to give the highest efficiency to artillery
+requires the practice and special study of many years, and it is not,
+therefore, believed to be advisable to maintain in time of peace a
+larger force of that arm than can be usually employed in the duties
+appertaining to the service of field and siege artillery. The duties of
+the staff in all its various branches belong to the movements of troops,
+and the efficiency of an army in the field would materially depend upon
+the ability with which those duties are discharged. It is not, as in
+the case of the artillery, a specialty, but requires also an intimate
+knowledge of the duties of an officer of the line, and it is not doubted
+that to complete the education of an officer for either the line or the
+general staff it is desirable that he shall have served in both. With
+this view, it was recommended on a former occasion that the duties of
+the staff should be mainly performed by details from the line, and, with
+conviction of the advantages which would result from such a change,
+it is again presented for the consideration of Congress.
+
+The report of the Secretary of the Navy, herewith submitted, exhibits in
+full the naval operations of the past year, together with the present
+condition of the service, and it makes suggestions of further
+legislation, to which your attention is invited.
+
+The construction of the six steam frigates for which appropriations were
+made by the last Congress has proceeded in the most satisfactory manner
+and with such expedition as to warrant the belief that they will be
+ready for service early in the coming spring. Important as this addition
+to our naval force is, it still remains inadequate to the contingent
+exigencies of the protection of the extensive seacoast and vast
+commercial interests of the United States. In view of this fact and of
+the acknowledged wisdom of the policy of a gradual and systematic
+increase of the Navy an appropriation is recommended for the
+construction of six steam sloops of war.
+
+In regard to the steps taken in execution of the act of Congress to
+promote the efficiency of the Navy, it is unnecessary for me to say more
+than to express entire concurrence in the observations on that subject
+presented by the Secretary in his report.
+
+It will be perceived by the report of the Postmaster-General that
+the gross expenditure of the Department for the last fiscal year was
+$9,968,342 and the gross receipts $7,342,136, making an excess of
+expenditure over receipts of $2,626,206; and that the cost of mail
+transportation during that year was $674,952 greater than the previous
+year. Much of the heavy expenditures to which the Treasury is thus
+subjected is to be ascribed to the large quantity of printed matter
+conveyed by the mails, either franked or liable to no postage by law or
+to very low rates of postage compared with that charged on letters, and
+to the great cost of mail service on railroads and by ocean steamers.
+The suggestions of the Postmaster-General on the subject deserve the
+consideration of Congress.
+
+The report of the Secretary of the Interior will engage your attention
+as well for useful suggestions it contains as for the interest and
+importance of the subjects to which they refer.
+
+The aggregate amount of public land sold during the last fiscal year,
+located with military scrip or land warrants, taken up under grants for
+roads, and selected as swamp lands by States is 24,557,409 acres, of
+which the portion sold was 15,729,524 acres, yielding in receipts the
+sum of $11,485,380. In the same period of time 8,723,854 acres have been
+surveyed, but, in consideration of the quantity already subject to
+entry, no additional tracts have been brought into market.
+
+The peculiar relation of the General Government to the District of
+Columbia renders it proper to commend to your care not only its material
+but also its moral interests, including education, more especially in
+those parts of the District outside of the cities of Washington and
+Georgetown.
+
+The commissioners appointed to revise and codify the laws of the
+District have made such progress in the performance of their task as to
+insure its completion in the time prescribed by the act of Congress.
+
+Information has recently been received that the peace of the settlements
+in the Territories of Oregon and Washington is disturbed by hostilities
+on the part of the Indians, with indications of extensive combinations
+of a hostile character among the tribes in that quarter, the more
+serious in their possible effect by reason of the undetermined foreign
+interests existing in those Territories, to which your attention has
+already been especially invited. Efficient measures have been taken,
+which, it is believed, will restore quiet and afford protection to our
+citizens.
+
+In the Territory of Kansas there have been acts prejudicial to good
+order, but as yet none have occurred under circumstances to justify the
+interposition of the Federal Executive. That could only be in case of
+obstruction to Federal law or of organized resistance to Territorial
+law, assuming the character of insurrection, which, if it should occur,
+it would be my duty promptly to overcome and suppress. I cherish the
+hope, however, that the occurrence of any such untoward event will be
+prevented by the sound sense of the people of the Territory, who by its
+organic law, possessing the right to determine their own domestic
+institutions, are entitled while deporting themselves peacefully to the
+free exercise of that right, and must be protected in the enjoyment of
+it without interference on the part of the citizens of any of the
+States.
+
+The southern boundary line of this Territory has never been surveyed and
+established. The rapidly extending settlements in that region and the
+fact that the main route between Independence, in the State of Missouri,
+and New Mexico is contiguous in this line suggest the probability that
+embarrassing questions of jurisdiction may consequently arise. For these
+and other considerations I commend the subject to your early attention.
+
+I have thus passed in review the general state of the Union, including
+such particular concerns of the Federal Government, whether of domestic
+or foreign relation, as it appeared to me desirable and useful to bring
+to the special notice of Congress. Unlike the great States of Europe and
+Asia and many of those of America, these United States are wasting
+their strength neither in foreign war nor domestic strife. Whatever
+of discontent or public dissatisfaction exists is attributable to the
+imperfections of human nature or is incident to all governments, however
+perfect, which human wisdom can devise. Such subjects of political
+agitation as occupy the public mind consist to a great extent of
+exaggeration of inevitable evils, or overzeal in social improvement, or
+mere imagination of grievance, having but remote connection with any
+of the constitutional functions or duties of the Federal Government.
+To whatever extent these questions exhibit a tendency menacing to the
+stability of the Constitution or the integrity of the Union, and no
+further, they demand the consideration of the Executive and require
+to be presented by him to Congress.
+
+Before the thirteen colonies became a confederation of independent
+States they were associated only by community of transatlantic origin,
+by geographical position, and by the mutual tie of common dependence on
+Great Britain. When that tie was sundered they severally assumed the
+powers and rights of absolute self-government. The municipal and social
+institutions of each, its laws of property and of personal relation,
+even its political organization, were such only as each one chose to
+establish, wholly without interference from any other. In the language
+of the Declaration of Independence, each State had "full power to levy
+war, conclude peace, contract alliances, establish commerce, and to do
+all other acts and things which independent states may of right do." The
+several colonies differed in climate, in soil, in natural productions,
+in religion, in systems of education, in legislation, and in the forms
+of political administration, and they continued to differ in these
+respects when they voluntarily allied themselves as States to carry
+on the War of the Revolution.
+
+The object of that war was to disenthrall the united colonies from
+foreign rule, which had proved to be oppressive, and to separate them
+permanently from the mother country. The political result was the
+foundation of a Federal Republic of the free white men of the colonies,
+constituted, as they were, in distinct and reciprocally independent
+State governments. As for the subject races, whether Indian or
+African, the wise and brave statesmen of that day, being engaged in
+no extravagant scheme of social change, left them as they were, and
+thus preserved themselves and their posterity from the anarchy and the
+ever-recurring civil wars which have prevailed in other revolutionized
+European colonies of America.
+
+When the confederated States found it convenient to modify the
+conditions of their association by giving to the General Government
+direct access in some respects to the people of the States, instead of
+confining it to action on the States as such, they proceeded to frame
+the existing Constitution, adhering steadily to one guiding thought,
+which was to delegate only such power as was necessary and proper to the
+execution of specific purposes, or, in other words, to retain as much as
+possible consistently with those purposes of the independent powers of
+the individual States. For objects of common defense and security, they
+intrusted to the General Government certain carefully defined functions,
+leaving all others as the undelegated rights of the separate independent
+sovereignties.
+
+Such is the constitutional theory of our Government, the practical
+observance of which has carried us, and us alone among modern republics,
+through nearly three generations of time without the cost of one drop
+of blood shed in civil war. With freedom and concert of action, it has
+enabled us to contend successfully on the battlefield against foreign
+foes, has elevated the feeble colonies into powerful States, and has
+raised our industrial productions and our commerce which transports them
+to the level of the richest and the greatest nations of Europe. And the
+admirable adaptation of our political institutions to their objects,
+combining local self-government with aggregate strength, has established
+the practicability of a government like ours to cover a continent with
+confederate states.
+
+The Congress of the United States is in effect that congress of
+sovereignties which good men in the Old World have sought for, but
+could never attain, and which imparts to America an exemption from the
+mutable leagues for common action, from the wars, the mutual invasions,
+and vague aspirations after the balance of power which convulse from
+time to time the Governments of Europe. Our cooperative action rests
+in the conditions of permanent confederation prescribed by the
+Constitution. Our balance of power is in the separate reserved rights
+of the States and their equal representation in the Senate. That
+independent sovereignty in every one of the States, with its reserved
+rights of local self-government assured to each by their coequal power
+in the Senate, was the fundamental condition of the Constitution.
+Without it the Union would never have existed. However desirous the
+larger States might be to reorganize the Government so as to give
+to their population its proportionate weight in the common counsels,
+they knew it was impossible unless they conceded to the smaller ones
+authority to exercise at least a negative influence on all the measures
+of the Government, whether legislative or executive, through their equal
+representation in the Senate. Indeed, the larger States themselves could
+not have failed to perceive that the same power was equally necessary
+to them for the security of their own domestic interests against the
+aggregate force of the General Government. In a word, the original
+States went into this permanent league on the agreed premises of
+exerting their common strength for the defense of the whole and of
+all its parts, but of utterly excluding all capability of reciprocal
+aggression. Each solemnly bound itself to all the others neither to
+undertake nor permit any encroachment upon or intermeddling with
+another's reserved rights.
+
+Where it was deemed expedient particular rights of the States were
+expressly guaranteed by the Constitution, but in all things besides
+these rights were guarded by the limitation of the powers granted and by
+express reservation of all powers not granted in the compact of union.
+Thus the great power of taxation was limited to purposes of common
+defense and general welfare, excluding objects appertaining to the local
+legislation of the several States; and those purposes of general welfare
+and common defense were afterwards defined by specific enumeration as
+being matters only of co-relation between the States themselves or
+between them and foreign governments, which, because of their common and
+general nature, could not be left to the separate control of each State.
+
+Of the circumstances of local condition, interest, and rights in which
+a portion of the States, constituting one great section of the Union,
+differed from the rest and from another section, the most important was
+the peculiarity of a larger relative colored population in the Southern
+than in the Northern States.
+
+A population of this class, held in subjection, existed in nearly all
+the States, but was more numerous and of more serious concernment in the
+South than in the North on account of natural differences of climate and
+production; and it was foreseen that, for the same reasons, while this
+population would diminish and sooner or later cease to exist in some
+States, it might increase in others. The peculiar character and
+magnitude of this question of local rights, not in material relations
+only, but still more in social ones, caused it to enter into the special
+stipulations of the Constitution.
+
+Hence, while the General Government, as well by the enumerated powers
+granted to it as by those not enumerated, and therefore refused to it,
+was forbidden to touch this matter in the sense of attack or offense,
+it was placed under the general safeguard of the Union in the sense of
+defense against either invasion or domestic violence, like all other
+local interests of the several States. Each State expressly stipulated,
+as well for itself as for each and all of its citizens, and every
+citizen of each State became solemnly bound by his allegiance to the
+Constitution that any person held to service or labor in one State,
+escaping into another, should not, in consequence of any law or
+regulation thereof, be discharged from such service or labor, but should
+be delivered up on claim of the party to whom such service or labor
+might be due by the laws of his State.
+
+Thus and thus only, by the reciprocal guaranty of all the rights of
+every State against interference on the part of another, was the present
+form of government established by our fathers and transmitted to us, and
+by no other means is it possible for it to exist. If one State ceases
+to respect the rights of another and obtrusively intermeddles with its
+local interests; if a portion of the States assume to impose their
+institutions on the others or refuse to fulfill their obligations to
+them, we are no longer united, friendly States, but distracted, hostile
+ones, with little capacity left of common advantage, but abundant means
+of reciprocal injury and mischief. Practically it is immaterial whether
+aggressive interference between the States or deliberate refusal on the
+part of any one of them to comply with constitutional obligations arise
+from erroneous conviction or blind prejudice, whether it be perpetrated
+by direction or indirection. In either case it is full of threat and of
+danger to the durability of the Union.
+
+Placed in the office of Chief Magistrate as the executive agent of the
+whole country, bound to take care that the laws be faithfully executed,
+and specially enjoined by the Constitution to give information to
+Congress on the state of the Union, it would be palpable neglect of duty
+on my part to pass over a subject like this, which beyond all things at
+the present time vitally concerns individual and public security.
+
+It has been matter of painful regret to see States conspicuous for their
+services in founding this Republic and equally sharing its advantages
+disregard their constitutional obligations to it. Although conscious
+of their inability to heal admitted and palpable social evils of their
+own, and which are completely within their jurisdiction, they engage
+in the offensive and hopeless undertaking of reforming the domestic
+institutions of other States, wholly beyond their control and authority.
+In the vain pursuit of ends by them entirely unattainable, and which
+they may not legally attempt to compass, they peril the very existence
+of the Constitution and all the countless benefits which it has
+conferred. While the people of the Southern States confine their
+attention to their own affairs, not presuming officiously to intermeddle
+with the social institutions of the Northern States, too many of the
+inhabitants of the latter are permanently organized in associations to
+inflict injury on the former by wrongful acts, which would be cause of
+war as between foreign powers and only fail to be such in our system
+because perpetrated under cover of the Union.
+
+Is it possible to present this subject as truth and the occasion require
+without noticing the reiterated but groundless allegation that the
+South has persistently asserted claims and obtained advantages in the
+practical administration of the General Government to the prejudice of
+the North, and in which the latter has acquiesced? That is, the States
+which either promote or tolerate attacks on the rights of persons and of
+property in other States, to disguise their own injustice, pretend or
+imagine, and constantly aver, that they, whose constitutional rights are
+thus systematically assailed, are themselves the aggressors. At the
+present time this imputed aggression, resting, as it does, only in the
+vague declamatory charges of political agitators, resolves itself into
+misapprehension, or misinterpretation, of the principles and facts of
+the political organization of the new Territories of the United States.
+
+What is the voice of history? When the ordinance which provided for the
+government of the territory northwest of the river Ohio and for its
+eventual subdivision into new States was adopted in the Congress of the
+Confederation, it is not to be supposed that the question of future
+relative power as between the States which retained and those which did
+not retain a numerous colored population escaped notice or failed to
+be considered. And yet the concession of that vast territory to the
+interests and opinions of the Northern States, a territory now the seat
+of five among the largest members of the Union, was in great measure the
+act of the State of Virginia and of the South.
+
+When Louisiana was acquired by the United States, it was an acquisition
+not less to the North than to the South; for while it was important to
+the country at the mouth of the river Mississippi to become the emporium
+of the country above it, so also it was even more important to the whole
+Union to have that emporium; and although the new province, by reason of
+its imperfect settlement, was mainly regarded as on the Gulf of Mexico,
+yet in fact it extended to the opposite boundaries of the United States,
+with far greater breadth above than below, and was in territory, as in
+everything else, equally at least an accession to the Northern States.
+It is mere delusion and prejudice, therefore, to speak of Louisiana as
+acquisition in the special interest of the South.
+
+The patriotic and just men who participated in that act were influenced
+by motives far above all sectional jealousies. It was in truth the great
+event which, by completing for us the possession of the Valley of the
+Mississippi, with commercial access to the Gulf of Mexico, imparted
+unity and strength to the whole Confederation and attached together by
+indissoluble ties the East and the West, as well as the North and the
+South.
+
+As to Florida, that was but the transfer by Spain to the United States
+of territory on the east side of the river Mississippi in exchange for
+large territory which the United States transferred to Spain on the west
+side of that river, as the entire diplomatic history of the transaction
+serves to demonstrate. Moreover, it was an acquisition demanded by the
+commercial interests and the security of the whole Union.
+
+In the meantime the people of the United States had grown up to a proper
+consciousness of their strength, and in a brief contest with France and
+in a second serious war with Great Britain they had shaken off all which
+remained of undue reverence for Europe, and emerged from the atmosphere
+of those transatlantic influences which surrounded the infant Republic,
+and had begun to turn their attention to the full and systematic
+development of the internal resources of the Union.
+
+Among the evanescent controversies of that period the most conspicuous
+was the question of regulation by Congress of the social condition of
+the future States to be founded in the territory of Louisiana.
+
+The ordinance for the government of the territory northwest of the river
+Ohio had contained a provision which prohibited the use of servile labor
+therein, subject to the condition of the extraditions of fugitives from
+service due in any other part of the United States. Subsequently to the
+adoption of the Constitution this provision ceased to remain as a law,
+for its operation as such was absolutely superseded by the Constitution.
+But the recollection of the fact excited the zeal of social propagandism
+in some sections of the Confederation, and when a second State, that of
+Missouri, came to be formed in the territory of Louisiana proposition
+was made to extend to the latter territory the restriction originally
+applied to the country situated between the rivers Ohio and Mississippi.
+
+Most questionable as was this proposition in all its constitutional
+relations, nevertheless it received the sanction of Congress, with
+some slight modifications of line, to save the existing rights of the
+intended new State. It was reluctantly acquiesced in by Southern States
+as a sacrifice to the cause of peace and of the Union, not only of the
+rights stipulated by the treaty of Louisiana, but of the principle
+of equality among the States guaranteed by the Constitution. It was
+received by the Northern States with angry and resentful condemnation
+and complaint, because it did not concede all which they had exactingly
+demanded. Having passed through the forms of legislation, it took its
+place in the statute book, standing open to repeal, like any other act
+of doubtful constitutionality, subject to be pronounced null and void by
+the courts of law, and possessing no possible efficacy to control the
+rights of the States which might thereafter be organized out of any part
+of the original territory of Louisiana.
+
+In all this, if any aggression there were, any innovation upon
+preexisting rights, to which portion of the Union are they justly
+chargeable?
+
+This controversy passed away with the occasion, nothing surviving it
+save the dormant letter of the statute.
+
+But long afterwards, when by the proposed accession of the Republic of
+Texas the United States were to take their next step in territorial
+greatness, a similar contingency occurred and became the occasion for
+systematized attempts to intervene in the domestic affairs of one
+section of the Union, in defiance of their rights as States and of the
+stipulations of the Constitution. These attempts assumed a practical
+direction in the shape of persevering endeavors by some of the
+Representatives in both Houses of Congress to deprive the Southern
+States of the supposed benefit of the provisions of the act authorizing
+the organization of the State of Missouri.
+
+But the good sense of the people and the vital force of the Constitution
+triumphed over sectional prejudice and the political errors of the day,
+and the State of Texas returned to the Union as she was, with social
+institutions which her people had chosen for themselves and with express
+agreement by the reannexing act that she should be susceptible of
+subdivision into a plurality of States.
+
+Whatever advantage the interests of the Southern States, as such, gained
+by this were far inferior in results, as they unfolded in the progress
+of time, to those which sprang from previous concessions made by the
+South.
+
+To every thoughtful friend of the Union, to the true lovers of their
+country, to all who longed and labored for the full success of this
+great experiment of republican institutions, it was cause of gratulation
+that such an opportunity had occurred to illustrate our advancing power
+on this continent and to furnish to the world additional assurance of
+the strength and stability of the Constitution. Who would wish to see
+Florida still a European colony? Who would rejoice to hail Texas
+as a lone star instead of one in the galaxy of States? Who does not
+appreciate the incalculable benefits of the acquisition of Louisiana?
+And yet narrow views and sectional purposes would inevitably have
+excluded them all from the Union.
+
+But another struggle on the same point ensued when our victorious
+armies returned from Mexico and it devolved on Congress to provide for
+the territories acquired by the treaty of Guadalupe Hidalgo. The great
+relations of the subject had now become distinct and clear to the
+perception of the public mind, which appreciated the evils of sectional
+controversy upon the question of the admission of new States. In that
+crisis intense solicitude pervaded the nation. But the patriotic
+impulses of the popular heart, guided by the admonitory advice of the
+Father of his Country, rose superior to all the difficulties of the
+incorporation of a new empire into the Union. In the counsels of
+Congress there was manifested extreme antagonism of opinion and
+action between some Representatives, who sought by the abusive and
+unconstitutional employment of the legislative powers of the Government
+to interfere in the condition of the inchoate States and to impose their
+own social theories upon the latter, and other Representatives, who
+repelled the interposition of the General Government in this respect and
+maintained the self-constituting rights of the States. In truth, the
+thing attempted was in form alone action of the General Government,
+while in reality it was the endeavor, by abuse of legislative power,
+to force the ideas of internal policy entertained in particular States
+upon allied independent States. Once more the Constitution and the
+Union triumphed signally. The new territories were organized without
+restrictions on the disputed point, and were thus left to judge in that
+particular for themselves; and the sense of constitutional faith proved
+vigorous enough in Congress not only to accomplish this primary object,
+but also the incidental and hardly less important one of so amending the
+provisions of the statute for the extradition of fugitives, from service
+as to place that public duty under the safeguard of the General
+Government, and thus relieve it from obstacles raised up by the
+legislation of some of the States.
+
+Vain declamation regarding the provisions of law for the extradition of
+fugitives from service, with occasional episodes of frantic effort to
+obstruct their execution by riot and murder, continued for a brief time
+to agitate certain localities. But the true principle of leaving each
+State and Territory to regulate its own laws of labor according to its
+own sense of right and expediency had acquired fast hold of the public
+judgment, to such a degree that by common consent it was observed in the
+organization of the Territory of Washington.
+
+When, more recently, it became requisite to organize the Territories
+of Nebraska and Kansas, it was the natural and legitimate, if not the
+inevitable, consequence of previous events and legislation that the same
+great and sound principle which had already been applied to Utah and New
+Mexico should be applied to them--that they should stand exempt from the
+restrictions proposed in the act relative to the State of Missouri.
+
+These restrictions were, in the estimation of many thoughtful men, null
+from the beginning, unauthorized by the Constitution, contrary to the
+treaty stipulations for the cession of Louisiana, and inconsistent with
+the equality of these States.
+
+They had been stripped of all moral authority by persistent efforts to
+procure their indirect repeal through contradictory enactments. They had
+been practically abrogated by the legislation attending the organization
+of Utah, New Mexico, and Washington. If any vitality remained in them it
+would have been taken away, in effect, by the new Territorial acts in
+the form originally proposed to the Senate at the first session of the
+last Congress. It was manly and ingenuous, as well as patriotic and
+just, to do this directly and plainly, and thus relieve the statute book
+of an act which might be of possible future injury, but of no possible
+future benefit; and the measure of its repeal was the final consummation
+and complete recognition of the principle that no portion of the United
+States shall undertake through assumption of the powers of the General
+Government to dictate the social institutions of any other portion.
+
+The scope and effect of the language of repeal were not left in doubt.
+It was declared in terms to be "the true intent and meaning of this act
+not to legislate slavery into any Territory or State, nor to exclude it
+therefrom, but to leave the people thereof perfectly free to form and
+regulate their domestic institutions in their own way, subject only to
+the Constitution of the United States."
+
+The measure could not be withstood upon its merits alone. It was
+attacked with violence on the false or delusive pretext that it
+constituted a breach of faith. Never was objection more utterly
+destitute of substantial justification. When before was it imagined by
+sensible men that a regulative or declarative statute, whether enacted
+ten or forty years ago, is irrepealable; that an act of Congress is
+above the Constitution? If, indeed, there were in the facts any cause to
+impute bad faith, it would attach to those only who have never ceased,
+from the time of the enactment of the restrictive provision to the
+present day, to denounce and condemn it; who have constantly refused
+to complete it by needful supplementary legislation; who have spared no
+exertion to deprive it of moral force; who have themselves again and
+again attempted its repeal by the enactment of incompatible provisions,
+and who, by the inevitable reactionary effect of their own violence
+on the subject, awakened the country to perception of the true
+constitutional principle of leaving the matter involved to the
+discretion of the people of the respective existing or incipient States.
+
+It is not pretended that this principle or any other precludes the
+possibility of evils in practice, disturbed, as political action is
+liable to be, by human passions. No form of government is exempt from
+inconveniences; but in this case they are the result of the abuse, and
+not of the legitimate exercise, of the powers reserved or conferred in
+the organization of a Territory. They are not to be charged to the great
+principle of popular sovereignty. On the contrary, they disappear before
+the intelligence and patriotism of the people, exerting through the
+ballot box their peaceful and silent but irresistible power.
+
+If the friends of the Constitution are to have another struggle, its
+enemies could not present a more acceptable issue than that of a State
+whose constitution clearly embraces "a republican form of government"
+being excluded from the Union because its domestic institutions may not
+in all respects comport with the ideas of what is wise and expedient
+entertained in some other State. Fresh from groundless imputations of
+breach of faith against others, men will commence the agitation of this
+new question with indubitable violation of an express compact between
+the independent sovereign powers of the United States and of the
+Republic of Texas, as well as of the older and equally solemn compacts
+which assure the equality of all the States.
+
+But deplorable as would be such a violation of compact in itself and
+in all its direct consequences, that is the very least of the evils
+involved. When sectional agitators shall have succeeded in forcing on
+this issue, can their pretensions fail to be met by counter pretensions?
+Will not different States be compelled, respectively, to meet extremes
+with extremes? And if either extreme carry its point, what is that so
+far forth but dissolution of the Union? If a new State, formed from the
+territory of the United States, be absolutely excluded from admission
+therein, that fact of itself constitutes the disruption of union between
+it and the other States. But the process of dissolution could not
+stop there. Would not a sectional decision producing such result by a
+majority of votes, either Northern or Southern, of necessity drive out
+the oppressed and aggrieved minority and place in presence of each other
+two irreconcilably hostile confederations?
+
+It is necessary to speak thus plainly of projects the offspring of that
+sectional agitation now prevailing in some of the States, which are as
+impracticable as they are unconstitutional, and which if persevered in
+must and will end calamitously. It is either disunion and civil war
+or it is mere angry, idle, aimless disturbance of public peace and
+tranquillity. Disunion for what? If the passionate rage of fanaticism
+and partisan spirit did not force the fact upon our attention, it would
+be difficult to believe that any considerable portion of the people of
+this enlightened country could have so surrendered themselves to a
+fanatical devotion to the supposed interests of the relatively few
+Africans in the United States as totally to abandon and disregard
+the interests of the 25,000,000 Americans; to trample under foot the
+injunctions of moral and constitutional obligation, and to engage in
+plans of vindictive hostility against those who are associated with them
+in the enjoyment of the common, heritage of our national institutions.
+
+Nor is it hostility against their fellow-citizens of one section of the
+Union alone. The interests, the honor, the duty, the peace, and the
+prosperity of the people of all sections are equally involved and
+imperiled in this question. And are patriotic men in any part of the
+Union prepared on such issue thus madly to invite all the consequences
+of the forfeiture of their constitutional engagements? It is impossible.
+The storm of frenzy and faction must inevitably dash itself in vain
+against the unshaken rock of the Constitution. I shall never doubt it.
+I know that the Union is stronger a thousand times than all the wild
+and chimerical schemes of social change which are generated one after
+another in the unstable minds of visionary sophists and interested
+agitators. I rely confidently on the patriotism of the people, on the
+dignity and self-respect of the States, on the wisdom of Congress, and,
+above all, on the continued gracious favor of Almighty God to maintain
+against all enemies, whether at home or abroad, the sanctity of the
+Constitution and the integrity of the Union.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 26, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 17th instant,
+I send herewith the "memorial of citizens of New Orleans, complaining
+of the irregularity of the mail service between Washington and New
+Orleans." I deem it proper also to transmit with the memorial my note
+of the 18th instant to the memorialists and a copy of the letter of the
+Postmaster-General therein referred to.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 27, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a treaty between the United States and Nicaragua, signed at Granada on
+the 20th day of June, A.D. 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 27, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a treaty between the United States and the Kingdom of the Two Sicilies
+and a declaration as to the construction thereof, both signed at Naples
+on the 1st day of October last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 27, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a treaty between the United States and His Majesty the King of the
+Hawaiian Islands, signed in Washington the 20th day of July, A.D. 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON CITY, _January 3, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+the following-described Indian treaties, negotiated by George W.
+Manypenny and Henry C. Gilbert, as commissioners on the part of the
+United States:
+
+A. Treaty with the Chippewas of Saginaw, Swan Creek, and Black River,
+dated 2d August, 1855.
+
+B. Treaty with the Chippewas of Sault Ste. Marie, dated August 2, 1855.
+
+C. Treaty with the Ottawas and Chippewas, dated July 31, 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 11, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, with the
+accompanying document,[51] in answer to their resolution of yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 51: Letter of Lord John Russell declaring that the British
+Government intends to adhere to the treaty of Washington of April 19,
+1850, and not to assume any sovereignty in Central America.]
+
+
+
+WASHINGTON CITY, _January 21, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a letter from the Secretary of
+the Interior, accompanying six several treaties negotiated by Governor
+Meriwether, of New Mexico, with the Indians in that Territory, for its
+constitutional action thereon.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 23, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith to the Senate, for its constitutional action
+thereon, a treaty between the United States and the Choctaw and
+Chickasaw tribes of Indians, made and concluded in this city on the
+22d day of June, 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 24, 1856_.
+
+_To the Senate and House of Representatives_:
+
+Circumstances have occurred to disturb the course of governmental
+organization in the Territory of Kansas and produce there a condition of
+things which renders it incumbent on me to call your attention to the
+subject and urgently to recommend the adoption by you of such measures
+of legislation as the grave exigencies of the case appear to require.
+
+A brief exposition of the circumstances referred to and of their causes
+will be necessary to the full understanding of the recommendations which
+it is proposed to submit.
+
+The act to organize the Territories of Nebraska and Kansas was a
+manifestation of the legislative opinion of Congress on two great
+points of constitutional construction: One, that the designation of
+the boundaries of a new Territory and provision for its political
+organization and administration as a Territory are measures which of
+right fall within the powers of the General Government; and the other,
+that the inhabitants of any such Territory, considered as an inchoate
+State, are entitled, in the exercise of self-government, to determine
+for themselves what shall be their own domestic institutions, subject
+only to the Constitution and the laws duly enacted by Congress under
+it and to the power of the existing States to decide, according to
+the provisions and principles of the Constitution, at what time the
+Territory shall be received as a State into the Union. Such are the
+great political rights which are solemnly declared and affirmed by
+that act.
+
+Based upon this theory, the act of Congress defined for each Territory
+the outlines of republican government, distributing public authority
+among lawfully created agents--executive, judicial, and legislative--to
+be appointed either by the General Government or by the Territory.
+The legislative functions were intrusted to a council and a house of
+representatives, duly elected, and empowered to enact all the local laws
+which they might deem essential to their prosperity, happiness, and good
+government. Acting in the same spirit, Congress also defined the persons
+who were in the first instance to be considered as the people of each
+Territory, enacting that every free white male inhabitant of the same
+above the age of 21 years, being an actual resident thereof and
+possessing the qualifications hereafter described, should be entitled
+to vote at the first election and be eligible to any office within the
+Territory, but that the qualification of voters and holding office at
+all subsequent elections should be such as might be prescribed by the
+legislative assembly; provided, however, that the right of suffrage and
+of holding office should be exercised only by citizens of the United
+States and those who should have declared on oath their intention to
+become such and have taken an oath to support the Constitution of the
+United States and the provisions of the act; and provided further, that
+no officer, soldier, seaman, or marine or other person in the Army or
+Navy of the United States or attached to troops in their service should
+be allowed to vote or hold office in either Territory by reason of being
+on service therein.
+
+Such of the public officers of the Territories as by the provisions
+of the act were to be appointed by the General Government, including
+the governors, were appointed and commissioned in due season, the law
+having been enacted on the 30th of May, 1854, and the commission of
+the governor of the Territory of Nebraska being dated on the 2d day of
+August, 1854, and of the Territory of Kansas on the 29th day of June,
+1854. Among the duties imposed by the act on the governors was that of
+directing and superintending the political organization of the
+respective Territories.
+
+The governor of Kansas was required to cause a census or enumeration
+of the inhabitants and qualified voters of the several counties and
+districts of the Territory to be taken by such persons and in such mode
+as he might designate and appoint; to appoint and direct the time and
+places of holding the first elections, and the manner of conducting
+them, both as to the persons to superintend such elections and the
+returns thereof; to declare the number of the members of the council
+and the house of representatives for each county or district; to
+declare what persons might appear to be duly elected, and to appoint
+the time and place of the first meeting of the legislative assembly.
+In substance, the same duties were devolved on the governor of Nebraska.
+
+While by this act the principle of constitution for each of the
+Territories was one and the same and the details of organic legislation
+regarding both were as nearly as could be identical, and while the
+Territory of Nebraska was tranquilly and successfully organized in the
+due course of law, and its first legislative assembly met on the 16th
+of January, 1855, the organization of Kansas was long delayed, and has
+been attended with serious difficulties and embarrassments, partly the
+consequence of local maladministration and partly of the unjustifiable
+interference of the inhabitants of some of the States, foreign by
+residence, interests, and rights to the Territory.
+
+The governor of the Territory of Kansas, commissioned as before stated,
+on the 29th of June, 1854, did not reach the designated seat of his
+government until the 7th of the ensuing October, and even then failed
+to make the first step in its legal organization, that of ordering the
+census or enumeration of its inhabitants, until so late a day that the
+election of the members of the legislative assembly did not take place
+until the 30th of March, 1855, nor its meeting until the 2d of July,
+1855. So that for a year after the Territory was constituted by the act
+of Congress and the officers to be appointed by the Federal Executive
+had been commissioned it was without a complete government, without any
+legislative authority, without local law, and, of course, without the
+ordinary guaranties of peace and public order.
+
+In other respects the governor, instead of exercising constant vigilance
+and putting forth all his energies to prevent or counteract the
+tendencies to illegality which are prone to exist in all imperfectly
+organized and newly associated communities, allowed his attention to be
+diverted from official obligations by other objects, and himself set
+an example of the violation of law in the performance of acts which
+rendered it my duty in the sequel to remove him from the office of chief
+executive magistrate of the Territory.
+
+Before the requisite preparation was accomplished for election of a
+Territorial legislature, an election of Delegate to Congress had been
+held in the Territory on the 29th day of November, 1854, and the
+Delegate took his seat in the House of Representatives without
+challenge. If arrangements had been perfected by the governor so that
+the election for members of the legislative assembly might be held in
+the several precincts at the same time as for Delegate to Congress, any
+question appertaining to the qualification of the persons voting as
+people of the Territory would have passed necessarily and at once under
+the supervision of Congress, as the judge of the validity of the return
+of the Delegate, and would have been determined before conflicting
+passions had become inflamed by time, and before opportunity could have
+been afforded for systematic interference of the people of individual
+States.
+
+This interference, in so far as concerns its primary causes and its
+immediate commencement, was one of the incidents of that pernicious
+agitation on the subject of the condition of the colored persons held
+to service in some of the States which has so long disturbed the repose
+of our country and excited individuals, otherwise patriotic and law
+abiding, to toil with misdirected zeal in the attempt to propagate their
+social theories by the perversion and abuse of the powers of Congress.
+
+The persons and the parties whom the tenor of the act to organize the
+Territories of Nebraska and Kansas thwarted in the endeavor to impose,
+through the agency of Congress, their particular views of social
+organization on the people of the future new States now perceiving
+that the policy of leaving the inhabitants of each State to judge for
+themselves in this respect was ineradicably rooted in the convictions
+of the people of the Union, then had recourse, in the pursuit of
+their general object, to the extraordinary measure of propagandist
+colonization of the Territory of Kansas to prevent the free and natural
+action of its inhabitants in its internal organization, and thus to
+anticipate or to force the determination of that question in this
+inchoate State.
+
+With such views associations were organized in some of the States, and
+their purposes were proclaimed through the press in language extremely
+irritating and offensive to those of whom the colonists were to become
+the neighbors. Those designs and acts had the necessary consequence to
+awaken emotions of intense indignation in States near to the Territory
+of Kansas, and especially in the adjoining State of Missouri, whose
+domestic peace was thus the most directly endangered; but they are far
+from justifying the illegal and reprehensible countermovements which
+ensued.
+
+Under these inauspicious circumstances the primary elections for members
+of the legislative assembly were held in most, if not all, of the
+precincts at the time and the places and by the persons designated and
+appointed by the governor according to law.
+
+Angry accusations that illegal votes had been polled abounded on all
+sides, and imputations were made both of fraud and violence. But the
+governor, in the exercise of the power and the discharge of the duty
+conferred and imposed by law on him alone, officially received and
+considered the returns, declared a large majority of the members of
+the council and the house of representatives "duly elected," withheld
+certificates from others because of alleged illegality of votes,
+appointed a new election to supply the places of the persons not
+certified, and thus at length, in all the forms of statute, and with
+his own official authentication, complete legality was given to the
+first legislative assembly of the Territory.
+
+Those decisions of the returning officers and of the governor are final,
+except that by the parliamentary usage of the country applied to the
+organic law it may be conceded that each house of the assembly must have
+been competent to determine in the last resort the qualifications and
+the election of its members. The subject was by its nature one
+appertaining exclusively to the jurisdiction of the local authorities
+of the Territory. Whatever irregularities may have occurred in the
+elections, it seems too late now to raise that question. At all events,
+it is a question as to which, neither now nor at any previous time, has
+the least possible legal authority been possessed by the President of
+the United States. For all present purposes the legislative body thus
+constituted and elected was the legitimate legislative assembly of the
+Territory.
+
+Accordingly the governor by proclamation convened the assembly thus
+elected to meet at a place called Pawnee City; the two houses met and
+were duly organized in the ordinary parliamentary form; each sent to and
+received from the governor the official communications usual on such
+occasions; an elaborate message opening the session was communicated by
+the governor, and the general business of legislation was entered upon
+by the legislative assembly.
+
+But after a few days the assembly resolved to adjourn to another place
+in the Territory. A law was accordingly passed, against the consent
+of the governor, but in due form otherwise, to remove the seat of
+government temporarily to the "Shawnee Manual Labor School" (or
+mission), and thither the assembly proceeded. After this, receiving
+a bill for the establishment of a ferry at the town of Kickapoo, the
+governor refused to sign it, and by special message assigned for reason
+of refusal not anything objectionable in the bill itself nor any
+pretense of the illegality or incompetency of the assembly as such, but
+only the fact that the assembly had by its act transferred the seat of
+government temporarily from Pawnee City to the Shawnee Mission. For
+the same reason he continued to refuse to sign other bills until in the
+course of a few days he by official message communicated to the assembly
+the fact that he had received notification of the termination of his
+functions as governor, and that the duties of the office were legally
+devolved on the secretary of the Territory; thus to the last recognizing
+the body as a duly elected and constituted legislative assembly.
+
+It will be perceived that if any constitutional defect attached to the
+legislative acts of the assembly it is not pretended to consist in
+irregularity of election or want of qualification of the members,
+but only in the change of its place of session. However trivial this
+objection may seem to be, it requires to be considered, because upon it
+is founded all that superstructure of acts, plainly against law, which
+now threaten the peace, not only of the Territory of Kansas, but of
+the Union.
+
+Such an objection to the proceedings of the legislative assembly was
+of exceptionable origin, for the reason that by the express terms of
+the organic law the seat of government of the Territory was "located
+temporarily at Fort Leavenworth;" and yet the governor himself remained
+there less than two months, and of his own discretion transferred the
+seat of government to the Shawnee Mission, where it in fact was at the
+time the assembly were called to meet at Pawnee City. If the governor
+had any such right to change temporarily the seat of government, still
+more had the legislative assembly. The objections are of exceptionable
+origin for the further reason that the place indicated by the governor,
+without having any exclusive claim of preference in itself, was a
+proposed town site only, which he and others were attempting to
+locate unlawfully upon land within a military reservation, and for
+participation in which illegal act the commandant of the post, a
+superior officer in the Army, has been dismissed by sentence of
+court-martial. Nor is it easy to see why the legislative assembly might
+not with propriety pass the Territorial act transferring its sittings to
+the Shawnee Mission. If it could not, that must be on account of some
+prohibitory or incompatible provision of act of Congress; but no such
+provision exists. The organic act, as already quoted, says "the seat
+of government is hereby located temporarily at Fort Leavenworth;" and
+it then provides that certain of the public buildings there "may be
+occupied and used under the direction of the governor and legislative
+assembly." These expressions might possibly be construed to imply that
+when, in a previous section of the act, it was enacted that "the first
+legislative assembly shall meet at such place and on such day as
+the governor shall appoint," the word "place" means place at Fort
+Leavenworth, not place anywhere in the Territory. If so, the governor
+would have been the first to err in this matter, not only in himself
+having removed the seat of government to the Shawnee Mission, but in
+again removing it to Pawnee City. If there was any departure from the
+letter of the law, therefore, it was his in both instances. But however
+this may be, it is most unreasonable to suppose that by the terms of
+the organic act Congress intended to do impliedly what it has not done
+expressly--that is, to forbid to the legislative assembly the power
+to choose any place it might see fit as the temporary seat of its
+deliberations. That is proved by the significant language of one of
+the subsequent acts of Congress on the subject--that of March 3,
+1855--which, in making appropriation for public buildings of the
+Territory, enacts that the same shall not be expended "until the
+legislature of said Territory shall have fixed by law the permanent
+seat of government." Congress in these expressions does not profess
+to be granting the power to fix the permanent seat of government, but
+recognizes the power as one already granted. But how? Undoubtedly by the
+comprehensive provision of the organic act itself, which declares that
+"the legislative power of the Territory shall extend to all rightful
+subjects of legislation consistent with the Constitution of the United
+States and the provisions of this act." If in view of this act the
+legislative assembly had the large power to fix the permanent seat
+of government at any place in its discretion, of course by the same
+enactment it had the less and the included power to fix it temporarily.
+
+Nevertheless, the allegation that the acts of the legislative assembly
+were illegal by reason of this removal of its place of session was
+brought forward to justify the first great movement in disregard of
+law within the Territory. One of the acts of the legislative assembly
+provided for the election of a Delegate to the present Congress, and a
+Delegate was elected under that law. But subsequently to this a portion
+of the people of the Territory proceeded without authority of law to
+elect another Delegate.
+
+Following upon this movement was another and more important one of the
+same general character. Persons confessedly not constituting the body
+politic or all the inhabitants, but merely a party of the inhabitants,
+and without law, have undertaken to summon a convention for the purpose
+of transforming the Territory into a State, and have framed a
+constitution, adopted it, and under it elected a governor and other
+officers and a Representative to Congress. In extenuation of these
+illegal acts it is alleged that the States of California, Michigan, and
+others were self-organized, and as such were admitted into the Union
+without a previous enabling act of Congress. It is true that while
+in a majority of cases a previous act of Congress has been passed to
+authorize the Territory to present itself as a State, and that this is
+deemed the most regular course, yet such an act has not been held to be
+indispensable, and in some cases the Territory has proceeded without it,
+and has nevertheless been admitted into the Union as a State. It lies
+with Congress to authorize beforehand or to confirm afterwards, in
+its discretion. But in no instance has a State been admitted upon the
+application of persons acting against authorities duly constituted by
+act of Congress. In every case it is the people of the Territory, not
+a party among them, who have the power to form a constitution and ask
+for admission as a State. No principle of public law, no practice or
+precedent under the Constitution of the United States, no rule of
+reason, right, or common sense, confers any such power as that now
+claimed by a mere party in the Territory. In fact what has been done
+is of revolutionary character. It is avowedly so in motive and in aim
+as respects the local law of the Territory. It will become treasonable
+insurrection if it reach the length of organized resistance by force to
+the fundamental or any other Federal law and to the authority of the
+General Government. In such an event the path of duty for the Executive
+is plain. The Constitution requiring him to take care that the laws of
+the United States be faithfully executed, if they be opposed in the
+Territory of Kansas he may, and should, place at the disposal of the
+marshal any public force of the United States which happens to be within
+the jurisdiction, to be used as a portion of the _posse comitatus_; and
+if that do not suffice to maintain order, then he may call forth the
+militia of one or more States for that object, or employ for the same
+object any part of the land or naval force of the United States. So,
+also, if the obstruction be to the laws of the Territory, and it be
+duly presented to him as a case of insurrection, he may employ for its
+suppression the militia of any State or the land or naval force of the
+United States. And if the Territory be invaded by the citizens of other
+States, whether for the purpose of deciding elections or for any other,
+and the local authorities find themselves unable to repel or withstand
+it, they will be entitled to, and upon the fact being fully ascertained
+they shall most certainly receive, the aid of the General Government.
+
+But it is not the duty of the President of the United States to
+volunteer interposition by force to preserve the purity of elections
+either in a State or Territory. To do so would be subversive of public
+freedom. And whether a law be wise or unwise, just or unjust, is not a
+question for him to judge. If it be constitutional--that is, if it be
+the law of the land--it is his duty to cause it to be executed, or to
+sustain the authorities of any State or Territory in executing it in
+opposition to all insurrectionary movements.
+
+Our system affords no justification of revolutionary acts, for the
+constitutional means of relieving the people of unjust administration
+and laws, by a change of public agents and by repeal, are ample, and
+more prompt and effective than illegal violence. These means must be
+scrupulously guarded, this great prerogative of popular sovereignty
+sacredly respected.
+
+It is the undoubted right of the peaceable and orderly people of the
+Territory of Kansas to elect their own legislative body, make their
+own laws, and regulate their own social institutions, without foreign
+or domestic molestation. Interference on the one hand to procure the
+abolition or prohibition of slave labor in the Territory has produced
+mischievous interference on the other for its maintenance or
+introduction. One wrong begets another. Statements entirely unfounded,
+or grossly exaggerated, concerning events within the Territory are
+sedulously diffused through remote States to feed the flame of sectional
+animosity there, and the agitators there exert themselves indefatigably
+in return to encourage and stimulate strife within the Territory.
+
+The inflammatory agitation, of which the present is but a part, has for
+twenty years produced nothing save unmitigated evil, North and South.
+But for it the character of the domestic institutions of the future new
+State would have been a matter of too little interest to the inhabitants
+of the contiguous States, personally or collectively, to produce among
+them any political emotion. Climate, soil, production, hopes of rapid
+advancement and the pursuit of happiness on the part of the settlers
+themselves, with good wishes, but with no interference from without,
+would have quietly determined the question which is at this time of such
+disturbing character.
+
+But we are constrained to turn our attention to the circumstances of
+embarrassment as they now exist. It is the duty of the people of Kansas
+to discountenance every act or purpose of resistance to its laws. Above
+all, the emergency appeals to the citizens of the States, and especially
+of those contiguous to the Territory, neither by intervention of
+nonresidents in elections nor by unauthorized military force to attempt
+to encroach upon or usurp the authority of the inhabitants of the
+Territory.
+
+No citizen of our country should permit himself to forget that he is a
+part of its Government and entitled to be heard in the determination
+of its policy and its measures, and that therefore the highest
+considerations of personal honor and patriotism require him to maintain
+by whatever of power or influence he may possess the integrity of the
+laws of the Republic.
+
+Entertaining these views, it will be my imperative duty to exert the
+whole power of the Federal Executive to support public order in the
+Territory; to vindicate its laws, whether Federal or local, against all
+attempts of organized resistance, and so to protect its people in the
+establishment of their own institutions, undisturbed by encroachment
+from without, and in the full enjoyment of the rights of self-government
+assured to them by the Constitution and the organic act of Congress.
+
+Although serious and threatening disturbances in the Territory of
+Kansas, announced to me by the governor in December last, were speedily
+quieted without the effusion of blood and in a satisfactory manner,
+there is, I regret to say, reason to apprehend that disorders will
+continue to occur there, with increasing tendency to violence, until
+some decisive measure be taken to dispose of the question itself which
+constitutes the inducement or occasion of internal agitation and of
+external interference.
+
+This, it seems to me, can best be accomplished by providing that when
+the inhabitants of Kansas may desire it and shall be of sufficient
+number to constitute a State, a convention of delegates, duly elected by
+the qualified voters, shall assemble to frame a constitution, and thus
+to prepare through regular and lawful means for its admission into the
+Union as a State.
+
+I respectfully recommend the enactment of a law to that effect.
+
+I recommend also that a special appropriation be made to defray any
+expense which may become requisite in the execution of the laws or the
+maintenance of public order in the Territory of Kansas.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 25, 1856_.
+
+_To the Senate of the United States_:
+
+By the inclosed letter of the Secretary of the Treasury it appears that
+$24,233 belonging to the Chickasaw Indians should be invested in stocks
+of the United States, by and with the advice and consent of the Senate.
+I therefore recommend that the necessary authority be given for that
+purpose.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 28, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, in answer to
+the resolution of the Senate of the 10th of January, calling for the
+correspondence between the Secretary of State and Edward Worrell while
+the latter was acting as consul at Matanzas in relation to the estates
+of deceased American citizens on the island of Cuba.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January, 1856_.
+
+_To the Senate_:
+
+I transmit herewith a copy of the "proceedings of the court-martial in
+the case of Colonel Montgomery, of the United States Army," as requested
+by the resolution of the Senate of the 7th instant.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 5, 1856_.
+
+_To the Senate of the United States_:
+
+In further compliance with the Senate's resolution adopted in executive
+session on the 15th January last, in respect to the correspondence
+relating to the estates of deceased American citizens on the island of
+Cuba, I transmit a report from the Secretary of State, with the papers
+which accompanied it.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, in answer to the
+resolution of the Senate of the 17th ultimo, requesting transcripts
+of certain correspondence and other papers touching the Republics of
+Nicaragua and Costa Rica, the Mosquito Indians, and the convention
+between the United States and Great Britain of April 19, 1850.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 18, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 4th instant,
+requesting transcripts of certain papers relative to the affairs of the
+Territory of Kansas, I transmit a report from the Secretary of State and
+the documents which accompanied it.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 21, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report of the Secretary of War and accompanying
+documents, also of the Secretary of the Navy and accompanying documents,
+in answer to a resolution of the Senate passed the 11th February,
+"that the President of the United States be requested to communicate
+to the Senate copies of all the correspondence between the different
+Departments of the Government and the officers of the Army and Navy
+(not heretofore communicated) on the Pacific Coast touching the Indian
+disturbances in California, Oregon, and Washington."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 25, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of the 7th of March last from the acting
+commissioner of the United States in China, and of the regulations and
+notification which accompanied it, for such revision thereof as Congress
+may deem expedient, pursuant to the sixth section of the act approved
+11th August, 1848.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 25, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded on the 17th October, 1855, by and
+between A. Cumming and Isaac I. Stevens, commissioners on the part of
+the United States, and the Blackfeet and other tribes of Indians on the
+Upper Missouri and Yellowstone rivers.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 26, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I herewith transmit and recommend to the favorable consideration of
+Congress a communication from the Secretary of War, asking a special
+appropriation of $3,000,000 to prepare armaments and ammunition for the
+fortifications, to increase the supply of improved small arms, and to
+apply recent improvements to arms of old patterns belonging to the
+United States and the several States.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 27, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 25th instant,
+I transmit reports[52] from the Secretary of State and the
+Attorney-General, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+[Footnote 52: Relating to the enlistment of soldiers within the United
+States by agents of the British Government.]
+
+
+
+WASHINGTON, _February 29, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[53] in answer to the resolution of the Senate of yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 53: Relating to an offer of the British Government to refer
+to the arbitrament of some friendly power the questions of difference
+between the United States and Great Britain upon the construction of
+the convention of April 19, 1850.]
+
+
+
+WASHINGTON, _March 4, 1856_.
+
+_To the House of Representatives_:
+
+I transmit a report on the commercial relations of the United States
+with all foreign nations, in answer to the resolution of the House of
+Representatives of December 14, 1853.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March, 4, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate, for its constitutional action
+thereon, two treaties recently negotiated by Francis Huebochmann, the
+superintendent of Indian affairs for the northern superintendency, one
+with the Menominee Indians and the other with the Stockbridge and Munsee
+Indians, and more particularly referred to in the accompanying
+communications of the Secretary of the Interior of this date.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 5, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 21st ultimo,
+I transmit herewith a report from the Secretary of the Interior, with
+accompanying papers.[54]
+
+FRANKLIN PIERCE.
+
+[Footnote 54: Correspondence relative to transportation of the mails,
+etc., over the Illinois Central Railroad.]
+
+
+
+EXECUTIVE OFFICE, _March 5, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I present herewith a communication from the Secretary of the Interior,
+in relation to Indian disturbances in the Territories of Oregon and
+Washington, and recommending an immediate appropriation of $300,000.
+I commend this subject to your early consideration.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 5, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 26th ultimo, requesting
+information in regard to the site selected for the building to be used
+for the preservation of the ordnance, arms, etc., of the United States,
+under the act approved March 3, 1855, I transmit a letter from the
+Secretary of War, with an accompanying report of the Chief of Ordnance,
+containing the information.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 10, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 21st ultimo,
+requesting the President of the United States to "communicate to
+the Senate any correspondence which may have taken place between the
+Illinois Central Railroad Company and any of the Departments of the
+Government," etc., I transmit herewith communications from the Secretary
+of the Treasury and from the Postmaster-General, together with the
+accompanying papers.[55]
+
+FRANKLIN PIERCE.
+
+[Footnote 55: Correspondence relative to transportation of the mails,
+etc., over the Illinois Central Railroad.]
+
+
+
+WASHINGTON, _March 14, 1856_.
+
+_To the House of Representatives_:
+
+I herewith communicate to the House of Representatives, in compliance
+with their resolution of the 28th ultimo, a report from the Secretary
+of the Interior, containing such information as is in possession of his
+Department touching the cause of the difficulties existing between the
+Creek and Seminole Indians since their emigration west of the
+Mississippi River.
+
+FRANKLIN PIERCE.
+
+
+
+_To the House of Representatives_:
+
+I herewith transmit to the House of Representatives a report of the
+Secretary of War, with copies prepared in compliance with a resolution
+of the House of the 28th ultimo, requesting "copies of all
+correspondence, documents, and papers in relation to the compensation
+and emoluments of Brevet Lieutenant-General Scott under the joint
+resolution of Congress approved February 15, 1855."
+
+FRANKLIN PIERCE.
+
+MARCH 17, 1856.
+
+
+
+
+WASHINGTON, _March 17, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 27th
+ultimo, on the subject of correspondence between this Government and
+that of Great Britain touching the Clayton and Bulwer convention,
+I transmit a report from the Secretary of State, to whom the resolution
+was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 17, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the copy of a correspondence which has recently
+taken place between Her Britannic Majesty's minister accredited to this
+Government and the Secretary of State, in order that the expediency of
+sanctioning the acceptance by the officers of the United States who were
+in the American expedition in search of Sir John Franklin of such token
+of thankfulness as may be offered to them on the part of Her Majesty's
+Government for their services on the occasion referred to may be taken
+into consideration.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 20, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 26th ultimo,
+I herewith communicate "a copy of the report, with the maps, of an
+exploration of the Big Witchitaw and the head waters of the Brazos
+rivers, made by Captain R.B. Marcy, of the United States Army, while
+engaged in locating lands for the Indians of Texas in the year 1854."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 24, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+18th of last month, requesting the transmission of documents touching
+the affairs of the Territory of Kansas, I transmit a report from the
+Secretary of State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, March 24, 1856_.
+
+Hon. NATHANIEL P. BANKS,
+
+_Speaker of the House of Representatives_:
+
+I herewith transmit to the House of Representatives, in obedience to
+their resolution of the 17th instant, a communication from the Secretary
+of the Interior, accompanied by a copy of the report of Superintendent
+Cumming in regard to his late expedition among the tribes of Indians on
+the Upper Missouri.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 1, 1856_.
+
+_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 Grand Duchy
+of Baden for the mutual surrender of fugitive criminals, concluded at
+Berlin on the 10th ultimo.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 3, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th ultimo, requesting
+additional documents relating to the condition of affairs in Kansas
+Territory, I transmit a report from the Secretary of State, to whom the
+resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 9, 1856_.
+
+_To the Senate and House of Representatives_:
+
+In execution of an act of Congress entitled "An act to provide for the
+accommodation of the courts of the United States for the district of
+Maryland and for a post-office at Baltimore city, Md.," approved
+February 17, 1855, I communicate herewith, for the consideration of
+Congress, copies of conditional contracts which I have caused to be
+executed for two sites, with buildings thereon, together with plans
+and estimates for fitting up and furnishing the same.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 9, 1856_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with accompanying
+document,[56] in compliance with the resolution of the House of
+Representatives of the 4th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 56: Dispatch from the United States minister at Naples relative
+to the saving from shipwreck of certain American vessels and their crews
+by officers of the Neapolitan navy and marine service.]
+
+
+
+WASHINGTON, _April 10th, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report of the Secretary of the Interior, with
+accompanying documents, in compliance with a resolution of the Senate
+of the 6th ultimo. The documents, it is believed, contain all the
+information in the Executive Departments upon the subject[57] to which
+the resolution refers.
+
+FRANKLIN PIERCE.
+
+[Footnote 57: Claim of Richard W. Thompson for alleged services to the
+Menominee Indians.]
+
+
+
+WASHINGTON, _April, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a letter from the Secretary of the
+Interior and a copy of a conditional contract entered into, under
+instructions from that Department, for the purchase of a lot and
+the building thereon, for the use of the United States courts at
+Philadelphia, in the State of Pennsylvania, and recommend that an
+appropriation of $78,000 be made to complete the same.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 14, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of War, with the
+accompanying documents, in answer to the resolution of the Senate of the
+7th instant, respecting "the steps pursued in execution of the clause
+of the act making appropriations for the civil and diplomatic expenses
+of the Government, approved March 3, 1855, which provides for the
+construction of an armory for the District of Columbia."
+
+The selection of the site was made after a full hearing of the parties
+interested and a personal examination by myself of all the sites
+suggested as suitable for the purpose.
+
+It will be perceived upon an examination of the accompanying documents
+that although two additional purposes were added by Congress after
+the estimate of the War Department was made, and the expense of the
+structure consequently increased, still by the terms of my indorsement
+on the report of the colonel of ordnance fixing the site, the size and
+arrangement of the building were to be such that it could be _completed_
+without exceeding the appropriation of $30,000, and that this
+requirement has been strictly adhered to in every stage of the
+proceedings.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 14, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of State, with the
+accompanying documents, in answer to the resolution of the Senate of
+the 20th ultimo, respecting the adjustment of the boundary line and the
+payment of the three millions under the treaty with Mexico of the 30th
+June [December], 1853.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 17, 1856_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+I transmit herewith reports of the Secretaries of the War and
+Interior Departments, in response to the resolution of the House of
+Representatives of the 31st ultimo, calling for information in relation
+to the origin, progress, and present condition of Indian hostilities in
+the Territories of Oregon and Washington, and also of the means which
+have been adopted to preserve peace and protect the inhabitants of said
+Territories.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 29, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of State, with the
+accompanying documents, in answer to the resolution of the Senate of the
+24th February, 1855, in relation to the settlement of the controversy
+respecting the Lobos Islands.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 30, 1856_.
+
+_To the House of Representatives_:
+
+I transmit herewith to the House of Representatives a report[58] from the
+Secretary of State, in answer to their resolution of the 7th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 58: Relating to indemnification by the Spanish Government of
+the captains, owners, and crews of the bark _Georgiana_ and the brig
+_Susan Loud_ for their capture and confiscation by the Spanish
+authorities.]
+
+
+
+WASHINGTON, _May 3, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I communicate herewith a letter of the Postmaster-General, with
+accompanying correspondence, in relation to mail transportation between
+our Atlantic and Pacific possessions, and earnestly commend the subject
+to the early consideration of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 3, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a letter from the Secretary of War, with
+accompanying papers, in response to a resolution of the Senate of the
+21st ultimo, upon the subject of damages which will be "incurred by the
+United States in case of the repeal of so much of the act of March 3,
+1855, as provides for the construction of an armory in the District of
+Columbia," and also a further answer from the Secretary of War to the
+resolution of the Senate of the 7th ultimo, requesting a full report
+of the steps pursued in execution of the clause of the act making
+appropriations for the civil and diplomatic expenses of the Government,
+approved March 2, 1855, which provides for the construction of the
+armory in this District before referred to.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith reports of the Secretary of State, the Secretary
+of the Navy, and the Attorney-General, in reply to a resolution of the
+Senate of the 24th of March last, and also to a resolution of the House
+of Representatives of the 8th of May instant, both having reference to
+the routes of transit between the Atlantic and Pacific oceans through
+the Republics of New Granada and Nicaragua and to the condition of
+affairs in Central America.
+
+These documents relate to questions of the highest importance and
+interest to the people of the United States.
+
+The narrow isthmus which connects the continents of North and South
+America, by the facilities it affords for easy transit between the
+Atlantic and Pacific oceans, rendered the countries of Central America
+an object of special consideration to all maritime nations, which has
+been greatly augmented in modern times by the operation of changes in
+commercial relations, especially those produced by the general use of
+steam as a motive power by land and sea. To us, on account of its
+geographical position and of our political interest as an American State
+of primary magnitude, that isthmus is of peculiar importance, just as
+the Isthmus of Suez is, for corresponding reasons, to the maritime
+powers of Europe. But above all, the importance to the United States of
+securing free transit across the American isthmus has rendered it of
+paramount interest to us since the settlement of the Territories of
+Oregon and Washington and the accession of California to the Union.
+
+Impelled by these considerations, the United States took steps at an
+early day to assure suitable means of commercial transit by canal
+railway, or otherwise across this isthmus.
+
+We concluded, in the first place, a treaty of peace, amity, navigation,
+and commerce with the Republic of New Granada, among the conditions of
+which was a stipulation on the part of New Granada guaranteeing to the
+United States the right of way or transit across that part of the
+Isthmus which lies in the territory of New Granada, in consideration of
+which the United States guaranteed in respect of the same territory the
+rights of sovereignty and property of New Granada.
+
+The effect of this treaty was to afford to the people of the United
+States facilities for at once opening a common road from Chagres to
+Panama and for at length constructing a railway in the same direction,
+to connect regularly with steamships, for the transportation of mails,
+specie, and passengers to and fro between the Atlantic and Pacific
+States and Territories of the United States.
+
+The United States also endeavored, but unsuccessfully, to obtain from
+the Mexican Republic the cession of the right of way at the northern
+extremity of the Isthmus by Tehuantepec, and that line of communication
+continues to be an object of solicitude to the people of this Republic.
+
+In the meantime, intervening between the Republic of New Granada and
+the Mexican Republic lie the States of Guatemala, Salvador, Honduras,
+Nicaragua, and Costa Rica, the several members of the former Republic of
+Central America. Here, in the territory of the Central American States,
+is the narrowest part of the Isthmus, and hither, of course, public
+attention has been directed as the most inviting field for enterprises
+of interoceanic communication between the opposite shores of America,
+and more especially to the territory of the States of Nicaragua and
+Honduras.
+
+Paramount to that of any European State, as was the interest of
+the United States in the security and freedom of projected lines of
+travel across the Isthmus by the way of Nicaragua and Honduras, still
+we did not yield in this respect to any suggestions of territorial
+aggrandizement, or even of exclusive advantage, either of communication
+or of commerce. Opportunities had not been wanting to the United States
+to procure such advantage by peaceful means and with full and free
+assent of those who alone had any legitimate authority in the matter.
+We disregarded those opportunities from considerations alike of domestic
+and foreign policy, just as, even to the present day, we have persevered
+in a system of justice and respect for the rights and interests of
+others as well as our own in regard to each and all of the States of
+Central America.
+
+It was with surprise and regret, therefore, that the United States
+learned a few days after the conclusion of the treaty of Guadalupe
+Hidalgo, by which the United States became, with the consent of the
+Mexican Republic, the rightful owners of California, and thus invested
+with augmented special interest in the political condition of Central
+America, that a military expedition, under the authority of the British
+Government, had landed at San Juan del Norte, in the State of Nicaragua,
+and taken forcible possession of that port, the necessary terminus of
+any canal or railway across the Isthmus within the territories of
+Nicaragua.
+
+It did not diminish the unwelcomeness to us of this act on the part of
+Great Britain to find that she assumed to justify it on the ground of
+an alleged protectorship of a small and obscure band of uncivilized
+Indians, whose proper name had even become lost to history, who did not
+constitute a state capable of territorial sovereignty either in fact or
+of right, and all political interest in whom and in the territory they
+occupied Great Britain had previously renounced by successive treaties
+with Spain when Spain was sovereign to the country and subsequently with
+independent Spanish America.
+
+Nevertheless, and injuriously affected as the United States conceived
+themselves to have been by this act of the British Government and by its
+occupation about the same time of insular and of continental portions
+of the territory of the State of Honduras, we remembered the many and
+powerful ties and mutual interests by which Great Britain and the United
+States are associated, and we proceeded in earnest good faith and with
+a sincere desire to do whatever might strengthen the bonds of peace
+between us to negotiate with Great Britain a convention to assure the
+perfect neutrality of all interoceanic communications across the Isthmus
+and, as the indispensable condition of such neutrality, the absolute
+independence of the States of Central America and their complete
+sovereignty within the limits of their own territory as well against
+Great Britain as against the United States. We supposed we had
+accomplished that object by the convention of April 19, 1850, which
+would never have been signed nor ratified on the part of the United
+States but for the conviction that in virtue of its provisions neither
+Great Britain nor the United States was thereafter to exercise any
+territorial sovereignty in fact or in name in any part of Central
+America, however or whensoever acquired, either before or afterwards.
+The essential object of the convention--the neutralization of the
+Isthmus--would, of course, become a nullity if either Great Britain
+or the United States were to continue to hold exclusively islands or
+mainland of the Isthmus, and more especially if, under any claim of
+protectorship of Indians, either Government were to remain forever
+sovereign in fact of the Atlantic shores of the three States of Costa
+Rica, Nicaragua, and Honduras.
+
+I have already communicated to the two Houses of Congress full
+information of the protracted and hitherto fruitless efforts which the
+United States have made to arrange this international question with
+Great Britain. It is referred to on the present occasion only because of
+its intimate connection with the special object now to be brought to the
+attention of Congress.
+
+The unsettled political condition of some of the Spanish American
+Republics has never ceased to be regarded by this Government with
+solicitude and regret on their own account, while it has been the source
+of continual embarrassment in our public and private relations with
+them. In the midst of the violent revolutions and the wars by which they
+are continually agitated, their public authorities are unable to afford
+due protection to foreigners and to foreign interests within their
+territory, or even to defend their own soil against individual
+aggressors, foreign or domestic, the burden of the inconveniences and
+losses of which therefore devolves in no inconsiderable degree upon the
+foreign states associated with them in close relations of geographical
+vicinity or of commercial intercourse.
+
+Such is more emphatically the situation of the United States
+with respect to the Republics of Mexico and of Central America.
+Notwithstanding, however, the relative remoteness of the European
+States from America, facts of the same order have not failed to appear
+conspicuously in their intercourse with Spanish American Republics.
+Great Britain has repeatedly been constrained to recur to measures of
+force for the protection of British interests in those countries. France
+found it necessary to attack the castle of San Juan de Uloa and even to
+debark troops at Vera Cruz in order to obtain redress of wrongs done to
+Frenchmen in Mexico.
+
+What is memorable in this respect in the conduct and policy of the
+United States is that while it would be as easy for us to annex and
+absorb new territories in America as it is for European States to do
+this in Asia or Africa, and while if done by us it might be justified as
+well on the alleged ground of the advantage which would accrue therefrom
+to the territories annexed and absorbed, yet we have abstained from
+doing it, in obedience to considerations of right not less than of
+policy; and that while the courageous and self-reliant spirit of our
+people prompts them to hardy enterprises, and they occasionally yield to
+the temptation of taking part in the troubles of countries near at hand,
+where they know how potential their influence, moral and material, must
+be, the American Government has uniformly and steadily resisted all
+attempts of individuals in the United States to undertake armed
+aggression against friendly Spanish American Republics.
+
+While the present incumbent of the executive office has been in
+discharge of its duties he has never failed to exert all the authority
+in him vested to repress such enterprises, because they are in violation
+of the law of the land, which the Constitution requires him to execute
+faithfully; because they are contrary to the policy of the Government,
+and because to permit them would be a departure from good faith toward
+those American Republics in amity with us, which are entitled to, and
+will never cease to enjoy, in their calamities the cordial sympathy, and
+in their prosperity the efficient good will, of the Government and of
+the people of the United States.
+
+To say that our laws in this respect are sometimes violated or
+successfully evaded is only to say what is true of all laws in all
+countries, but not more so in the United States than in any one whatever
+of the countries of Europe. Suffice it to repeat that the laws of
+the United States prohibiting all foreign military enlistments or
+expeditions within our territory have been executed with impartial
+good faith, and, so far as the nature of things permits, as well in
+repression of private persons as of the official agents of other
+Governments, both of Europe and America.
+
+Among the Central American Republics to which modern events have
+imparted most prominence is that of Nicaragua, by reason of its
+particular position on the Isthmus. Citizens of the United States have
+established in its territory a regular interoceanic transit route,
+second only in utility and value to the one previously established in
+the territory of New Granada. The condition of Nicaragua would, it is
+believed, have been much more prosperous than it has been but for the
+occupation of its only Atlantic port by a foreign power, and of the
+disturbing authority set up and sustained by the same power in a portion
+of its territory, by means of which its domestic sovereignty was
+impaired, its public lands were withheld from settlement, and it was
+deprived of all the maritime revenue which it would otherwise collect
+on imported merchandise at San Juan del Norte.
+
+In these circumstances of the political debility of the Republic of
+Nicaragua, and when its inhabitants were exhausted by long-continued
+civil war between parties neither of them strong enough to overcome
+the other or permanently maintain internal tranquillity, one of
+the contending factions of the Republic invited the assistance and
+cooperation of a small body of citizens of the United States from the
+State of California, whose presence, as it appears, put an end at once
+to civil war and restored apparent order throughout the territory of
+Nicaragua, with a new administration, having at its head a distinguished
+individual, by birth a citizen of the Republic, D. Patricio Rivas,
+as its provisional President.
+
+It is the established policy of the United States to recognize all
+governments without question of their source or their organization, or
+of the means by which the governing persons attain their power, provided
+there be a government _de facto_ accepted by the people of the country,
+and with reserve only of the time as to the recognition of revolutionary
+governments arising out of the subdivision of parent states with which
+we are in relations of amity. We do not go behind the fact of a foreign
+government exercising actual power to investigate questions of
+legitimacy; we do not inquire into the causes which may have led to
+a change of government. To us it is indifferent whether a successful
+revolution has been aided by foreign intervention or not; whether
+insurrection has overthrown existing government, and another has been
+established in its place according to preexisting forms or in a manner
+adopted for the occasion by those whom we may find in the actual
+possession of power. All these matters we leave to the people and
+public authorities of the particular country to determine; and their
+determination, whether it be by positive action or by ascertained
+acquiescence, is to us a sufficient warranty of the legitimacy of
+the new government.
+
+During the sixty-seven years which have elapsed since the establishment
+of the existing Government of the United States, in all which time this
+Union has maintained undisturbed domestic tranquillity, we have had
+occasion to recognize governments _de facto_, founded either by domestic
+revolution or by military invasion from abroad, in many of the
+Governments of Europe.
+
+It is the more imperatively necessary to apply this rule to the
+Spanish American Republics, in consideration of the frequent and not
+seldom anomalous changes of organization or administration which they
+undergo and the revolutionary nature of most of these changes, of
+which the recent series of revolutions in the Mexican Republic is an
+example, where five successive revolutionary governments have made
+their appearance in the course of a few months and been recognized
+successively, each as the political power of that country, by the
+United States.
+
+When, therefore, some time since, a new minister from the Republic of
+Nicaragua presented himself, bearing the commission of President Rivas,
+he must and would have been received as such, unless he was found
+on inquiry subject to personal exception, but for the absence of
+satisfactory information upon the question whether President Rivas was
+_in fact_ the head of an established Government of the Republic of
+Nicaragua, doubt as to which arose not only from the circumstances of
+his avowed association with armed emigrants recently from the United
+States, but that the proposed minister himself was of that class of
+persons, and not otherwise or previously a citizen of Nicaragua.
+
+Another minister from the Republic of Nicaragua has now presented
+himself, and has been received as such, satisfactory evidence appearing
+that he represents the Government _de facto_ and, so far as such exists,
+the Government _de jure_ of that Republic.
+
+That reception, while in accordance with the established policy of the
+United States, was likewise called for by the most imperative special
+exigencies, which require that this Government shall enter at once into
+diplomatic relations with that of Nicaragua. In the first place, a
+difference has occurred between the Government of President Rivas and
+the Nicaragua Transit Company, which involves the necessity of inquiry
+into rights of citizens of the United States, who allege that they
+have been aggrieved by the acts of the former and claim protection
+and redress at the hands of their Government. In the second place,
+the interoceanic communication by the way of Nicaragua is effectually
+interrupted, and the persons and property of unoffending private
+citizens of the United States in that country require the attention of
+their Government. Neither of these objects can receive due consideration
+without resumption of diplomatic intercourse with the Government of
+Nicaragua.
+
+Further than this, the documents communicated show that while the
+interoceanic transit by the way of Nicaragua is cut off, disturbances
+at Panama have occurred to obstruct, temporarily at least, that by the
+way of New Granada, involving the sacrifice of the lives and property
+of citizens of the United States. A special commissioner has been
+dispatched to Panama to investigate the facts of this occurrence with a
+view particularly to the redress of parties aggrieved. But measures of
+another class will be demanded for the future security of interoceanic
+communication by this as by the other routes of the Isthmus.
+
+It would be difficult to suggest a single object of interest, external
+or internal, more important to the United States than the maintenance
+of the communication, by land and sea, between the Atlantic and Pacific
+States and Territories of the Union It is a material element of the
+national integrity and sovereignty.
+
+I have adopted such precautionary measures and have taken such action
+for the purpose of affording security to the several transit routes
+of Central America and to the persons and property of citizens of
+the United States connected with or using the same as are within my
+constitutional power and as existing circumstances have seemed to
+demand. Should these measures prove inadequate to the object, that
+fact will be communicated to Congress with such recommendations as
+the exigency of the case may indicate.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, May 16, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I communicate to Congress a report from the Secretary of the Interior,
+containing estimates of appropriations required in the fulfillment of
+treaty stipulations with certain Indian tribes, and recommend that the
+appropriations asked for be made in the manner therein suggested.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 19, 1856_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+7th ultimo, requesting the President "to communicate what information he
+may possess in regard to citizens of the United States being engaged in
+the slave trade, or in the transportation in American ships of coolies
+from China to Cuba and other countries with the intention of placing or
+continuing them in a state of slavery or servitude, and whether such
+traffic is not, in his opinion, a violation of the spirit of existing
+treaties, rendering those engaged in it liable to indictment for piracy;
+and especially that he be requested to communicate to this House the
+facts and circumstances attending the shipment from China of some 500
+coolies in the ship _Sea Witch_, of the city of New York, lately wrecked
+on the coast of Cuba," I transmit the accompanying report of the
+Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 20, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a copy of and extracts from dispatches of the late minister
+of the United States at London, and of his correspondence with Lord
+Clarendon which accompanied them, relative to the enlistment of soldiers
+for the British army within the United States by agents of the
+Government of Great Britain. These dispatches have been received since
+my message to the Senate upon the subject of the 2th of February last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 22, 1856_.
+
+_To the House of Representatives_:
+
+I communicate herewith a report from the Secretary of War, in response
+to a resolution of the House of Representatives of the 12th instant,
+requesting me to inform the House "whether United States soldiers have
+been employed in the Territory of Kansas to arrest persons charged with
+a violation of certain supposed laws enacted by a supposed legislature
+assembled at Shawnee Mission."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 29, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I have ceased to hold intercourse with the envoy extraordinary and
+minister plenipotentiary of Her Majesty the Queen of the United Kingdom
+of Great Britain and Ireland near this Government.
+
+In making communication of this fact it has been deemed by me proper
+also to lay before Congress the considerations of indispensable public
+duty which have led to the adoption of a measure of so much importance.
+They appear in the documents herewith transmitted to both Houses.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 29, 1856_.
+
+_To the Senate of the United States_:
+
+In further answer to the resolution of the Senate of the 17th of January
+last, requesting a copy of any official correspondence not previously
+communicated touching the construction and purport of the convention
+between the United States and Great Britain of the 19th of April, 1850,
+I transmit a copy of an instruction of the 24th instant from the
+Secretary of State to the minister of the United States at London.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 3, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+
+I herewith communicate a letter of the 26th instant from the Secretary
+of the Interior, and accompanying papers, relative to the conflict of
+jurisdiction between the Federal and Cherokee courts and the inadequacy
+of protection against the intrusion of improper persons into the
+Cherokee country, and recommend the subject to the consideration of
+Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 3, 1856_.
+
+_To the House of Representatives_:
+
+I transmit a report[59] from the Secretary of State, in answer to a
+resolution of the House of Representatives of the 29th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 59: Stating that no information relative to the action of
+the leading powers of Europe on the subject of privateering has been
+officially communicated by any foreign government.]
+
+
+
+WASHINGTON, _June 4, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+8th of last month, requesting information in regard to a contemplated
+imposition of additional duties on American leaf tobacco by the
+Zollverein or Commercial Union of the German States, I transmit a report
+from the Secretary of State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 13, 1856_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+18th of February last, requesting me to communicate to the House "the
+report of Captain E.B. Boutwell, and all the documents accompanying it,
+relative to the operations of the United States sloop of war _John
+Adams_, under his command, at the Fejee Islands in the year 1855,"
+I transmit herewith a report of the Secretary of the Navy.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 18, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+documents,[60] in answer to the resolution of the Senate of the 16th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 60: Instructions to Mr Buchanan, late minister to England,
+on the subject of free ships making free goods, and letter from Mr.
+Buchanan to Lord Clarendon on the same subject.]
+
+
+
+WASHINGTON, _June 20, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate herewith a letter from the Secretary of the Interior and
+accompanying papers, respecting the sum of $16,024.80 now in the hands
+of the agent of the Choctaw Indians, being a balance remaining from the
+sales of Choctaw orphan reservations under the nineteenth article of the
+treaty of 1830, and commend the subject to the favorable consideration
+of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 23, 1856_.
+
+_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, and for other purposes,
+concluded at The Hague on the 29th ultimo between the United States
+and His Majesty the King of the Netherlands.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 3, 1856_.
+
+_To the House of Representatives of the United States_:
+
+In response to a resolution of the House of Representatives of the 18th
+ultimo, requesting me to inform the House "what measures, if any, have
+been taken to carry out the provisions of a late act of Congress
+authorizing the President to contract with Hiram Powers, the great
+American sculptor, now in Italy, for some work of art for the new
+Capitol, and appropriating $25,000 for that purpose," I transmit
+herewith copies of three letters--one from Mr. Powers to Hon. Edward
+Everett and two from myself to the same gentleman.
+
+Since the date of my letter of July 24, 1855, I have communicated with
+Mr. Everett upon the subject verbally and in writing, and the final
+proposition on my part, resulting therefrom, will be found in the
+accompanying extract of a letter dated June 5, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 7 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 6th ultimo,
+respecting the location of the District armory upon the Mall in this
+city, I transmit the accompanying report from the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 7, 1856_.
+
+_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 between the United States and Austria, signed
+in this city on the 3d instant.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 8, 1856_.
+
+_To the House of Representatives_:
+
+I communicate herewith a report of the Secretary of War, in reply to a
+resolution of the House of the 25th ultimo, "on the subject of Indian
+hostilities in Oregon and Washington Territories."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 11, 1856_.
+
+_To the Senate of the United States_:
+
+In reply to a resolution of the Senate of May 23, requesting a "detailed
+statement of the sums which have been paid to newspapers published in
+Washington for advertisements or other printing published or executed
+under the orders or by authority of the several Departments since the
+4th day of March, 1853," I communicate herewith reports from the several
+Departments.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of November 27, 1854, from the
+commissioner of the United States in China, and of the regulations,
+orders, and decrees which accompanied it, for such revision thereof as
+Congress may deem expedient, pursuant to the sixth section of the act
+approved August 11, 1848.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, July 21, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a letter from the Postmaster-General
+and a copy of a conditional contract entered into under instructions
+from me for the purchase of a lot and building thereon for a post-office
+in the city of Philadelphia, together with a copy of a report of Edward
+Clark, architect of the Patent Office building, in relation to the site
+and building selected, and recommend that an appropriation of $250,000
+be made to complete the purchase, and also an appropriation of $50,000
+to make the required alterations and furnish the necessary cases, boxes,
+etc., to fit it up for a city post-office.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 22, 1856_.
+
+_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, navigation, and
+extradition between the United States and the Republic of Chili,
+signed at Santiago, in that Republic, on the 27th of May last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 24, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I herewith present to Congress a copy of "minutes of a council held
+at Fort Pierre, Nebraska Territory, on the 1st day of March, 1856,
+by Brevet Brigadier-General William S. Harney, United States Army,
+commanding the Sioux expedition, with the delegations from nine of the
+bands of the Sioux;" also copies of sundry papers upon the same subject.
+
+Regarding the stipulations between General Harney and the nine bands of
+the Sioux as just and desirable, both for the United States and for the
+Indians, I respectfully recommend an appropriation by Congress of the
+sum of $100,000 to enable the Government to execute the stipulations
+entered into by General Harney.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Múckl-te-oh, or Point Elliott, by Isaac
+I. Stevens, governor and superintendent of Indian affairs of Washington
+Territory, on the part of the United States, and chiefs, headmen, and
+delegates of the Dwámish, Suquámish, Sk-táhl-mish, Sam-áhmish,
+Smalh-kamish, Skope-áhmish, St-káh-mish, Snoquálmoo, Skai-wha-mish,
+N'Quentl-má-mish, Sk-táh-le-jum, Stoluck-whá-mish, Sno-ho-mish, Ská-git,
+Kik-i-állus, Swin-á-mish, Squin-ah-mish, Sah-ku-méhu, Noo-whá-há,
+Nook-wa-cháh-mish, Mee-sée-qua-guilch, Cho-bah-áh-bish, and other allied
+and subordinate tribes and bands of Indians in said Territory.
+
+Also a treaty made and concluded at Hahd Skus, or Point no Point, on the
+26th day of January, 1855, by and between the same commissioner on the
+part of the United States and the chiefs, headmen, and delegates of the
+different villages of the S'Klallams Indians in said Territory.
+
+Also a treaty made and concluded at Neah Bay on the 31st day of January,
+1855, by and between the same commissioner on the part of the United
+States and the chiefs, headmen, and delegates of the same villages of
+the Makah tribe of Indians in the said Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded by and between Isaac I. Stevens, governor
+and superintendent of Indian affairs of the Territory of Washington, on
+the part of the United States, and the chiefs, headmen, and delegates
+of the different tribes and bands of the Qui-nai-elt and Quil-leh-ute
+Indians in Washington Territory.
+
+Said treaty was made on the 1st of July, 1855, and 25th January, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at the treaty ground at Hell Gate, in the
+Bitter Root Valley, on the 16th day of July, 1855, by and between Isaac
+I. Stevens, governor and superintendent of Indian affairs for the
+Territory of Washington, on the part of the United States, and the
+chiefs, headmen, and delegates of the confederate tribes of the
+Flathead, Koo-tenay, and Upper Pend d'Oreilles Indians, who by the
+treaty are constituted a nation, under the name of the Flat Head Nation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Wasco, near the Dalles of the Columbia
+River, in Oregon Territory, by and between Joel Palmer, superintendent
+of Indian affairs, on the part of the United States, and the chiefs
+and headmen of the confederated tribes and bands of Walla-Wallas and
+Was-coes Indians residing in middle Oregon. Said treaty was made on
+the 25th day of June, 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded on the 21st day of December, 1855, by and
+between Joel Palmer, superintendent of Indian affairs, on the part of
+the United States, and the chiefs and headmen of the Mo-lal-la-las, or
+Molel, tribe of Indians in Oregon Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made on the 9th of June, 1855, by and between Isaac I. Stevens,
+governor and superintendent of Indian affairs of the Territory of
+Washington, and Joel Palmer, superintendent of Indian affairs of the
+Territory of Oregon, on the part of the United States, and the chiefs,
+headmen, and delegates of the Walla-Wallas, Cayuses, and Umatilla tribes
+and bands of Indians, who for the purposes of the treaty are to be
+regarded as one nation. Also a treaty made on the 11th of June, 1855, by
+and between the same commissioners on the part of the United States and
+the chiefs, headmen, and delegates of the Nez Percé tribe of Indians.
+
+The lands ceded by the treaties herewith lie partly in Washington and
+partly in Oregon Territories.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Camp Stevens, Walla Walla Valley, on the
+9th day of June, 1855, by and between Isaac I. Stevens, governor of and
+superintendent of Indian affairs for Washington Territory, on the part
+of the United States, and the head chiefs, chiefs, headmen, and
+delegates of the Yakama, Palouse, Pisquouse, Wenatshapam, Klikatat,
+Klin-quit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham, Shyiks,
+Oche-chotes, Kah-milt-pah, and Se-ap-cat tribes and bands of Indians,
+who for the purposes of the treaty are to be known as the "Yakama"
+Nation of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 30, 1856_.
+
+_To the Senate of the United States_:
+
+By the sixteenth article of the treaty of 4th March, 1853, between the
+United States and the Republic of Paraguay, as amended by a resolution
+of the Senate of the 1st May, 1854, it was provided that the exchange
+of the ratifications of that instrument should be effected within
+twenty-four months of its date; that is, on or before the 4th
+March, 1855.
+
+From circumstances, however, over which the Government of the United
+States had no control, but which are not supposed to indicate any
+indisposition on the part of the Paraguayan Government to consummate
+the final formalities necessary to give full force and validity to the
+treaty, the exchange of ratifications has not yet been effected.
+
+A similar condition exists in regard to the treaty between the United
+States and the Oriental Republic of Uruguay of the 28th August, 1852.
+The Senate, by a resolution of 13th June, 1854, extended the time within
+which the ratifications of that treaty might be exchanged to thirty
+months from its date. That limit, however, has expired, and the exchange
+has not been effected.
+
+I deem it expedient to direct a renewal of negotiations with the
+Governments referred to, with a view to secure the exchange of the
+ratifications of these important conventions. But as the limit
+prescribed by the Senate in both cases has passed by, it is necessary
+that authority be conferred on the Executive for that purpose.
+
+I consequently recommend that the Senate sanction an exchange of the
+ratifications of the treaties above mentioned at any time which may be
+deemed expedient by the President within three years from the date of
+the resolution to that effect.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 1, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith the report of Major W.H. Emory,
+United States commissioner, on the survey of the boundary between
+the United States and the Republic of Mexico, referred to in the
+accompanying letter of this date from the Secretary of the Interior.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, August 4, 1856_.
+
+_To the House of Representatives of the United States_:
+
+I herewith lay before the House of Representatives a report of the
+Secretary of War, in reply to a resolution of the House requesting
+"information in regard to the construction of the Capitol and
+Post-Office extensions."
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_August 4, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report of the Secretary of War, in response
+to a resolution of the Senate calling for information in relation to
+instructions "issued to any military officer in command in Kansas to
+disperse any unarmed meeting of the people of that Territory, or to
+prevent by military power any assemblage of the people of that
+Territory."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 4, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 1st instant, requesting
+a copy of papers touching recent events in the Territory of Washington,
+I transmit a report from the Secretary of State and the documents by
+which it was accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, August 6, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 28th ultimo,
+requesting the President to inform the Senate in relation to any
+application "by the governor of the State of California to maintain the
+laws and peace of the said State against the usurped authority of an
+organization calling itself the committee of vigilance in the city and
+county of San Francisco," and also "to lay before the Senate whatever
+information he may have in respect to the proceedings of the said
+committee of vigilance," I transmit the accompanying reports from the
+Secretary of State and the Secretary of the Navy.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 8, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith submit to the Senate, for its constitutional action thereon,
+a treaty negotiated with the Creek and Seminole Indians, together with
+the accompanying papers.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 9, 1856_.
+
+_To the Senate of the United States_:
+
+With a message of the 23d of June last I transmitted, for the
+consideration of the Senate, a convention for the mutual delivery
+of criminals fugitives from justice in certain cases, and for other
+purposes, concluded at The Hague on the 29th of May last between the
+United States and His Majesty the King of the Netherlands. Deeming it
+advisable to withdraw that instrument from the consideration of the
+Senate, I request that it may be returned to me.
+
+FRANKLIN PIERCE.
+
+
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty of amity, commerce, and navigation, and for the
+surrender of fugitive criminals, between the United States and the
+Republic of Venezuela, signed at Caracas on the 10th of July last.
+
+FRANKLIN PIERCE.
+
+AUGUST 9, 1856.
+
+
+
+WASHINGTON, _August 11, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 3d March, 1855,
+requesting information relative to the proceedings of the commissioners
+for the adjustment of claims under the convention with Great Britain of
+the 8th of February, 1853, I transmit a report from the Secretary of
+State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 11, 1856_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report of the Secretary of War, in reply to a
+resolution of the House of Representatives of May 26, 1856, in relation
+to the Capitol and Post-Office extensions.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 12, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[61] in answer to the resolution of the Senate of yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 61: Relating to "The declaration concerning maritime law,"
+adopted by the plenipotentiaries of Great Britain, Austria, France,
+Prussia, Russia, Sardinia, and Turkey at Paris April 16, 1856.]
+
+
+
+WASHINGTON, _August 12, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 7th instant,
+in relation to the refusal of the Government of Honduras to receive
+a commercial agent from this country, I transmit a report from the
+Secretary of State and the documents which accompanied it.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 13, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a communication from the Secretary of War, inclosing
+a report of Captain M.C. Meigs, stating that the sum of $750,000 will be
+necessary for the prosecution of the Capitol extension until the close
+of the next session of Congress, and recommend that that amount may be
+appropriated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 15, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 4th
+instant, requesting a copy of letters and papers touching the pardons
+or remission of the imprisonment of Daniel Drayton and Edward Sayres in
+August, 1852, I transmit a report from the Secretary of State, to whom
+the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a report from the Secretary of War, in relation
+to an error in a communication[62] of Captain Meigs.
+
+FRANKLIN PIERCE.
+
+[Footnote 62: Relating to the Capitol extension.]
+
+
+
+WASHINGTON, _August 16, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 11th instant,
+in relation to the public accounts of John C. Fremont, I transmit the
+accompanying report from the Secretary of the Treasury, to whom the
+resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 16, 1856_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+17th April, 1856, requesting me to have prepared and presented to the
+House of Representatives "a statement showing the appropriations made
+by the Thirty-first, Thirty-second, and Thirty-third Congresses,
+distinguishing the appropriations made at each session of each Congress,
+distinguishing also the appropriations made on the recommendations of
+the President, heads of Departments, or heads of bureaus from those that
+were made without such recommendation, and showing what expenditures
+have been made by the Government in each fiscal year, commencing with
+the 1st day of July, 1850, and ending on the 30th day of June, 1855; and
+also what, if any, defalcations have occurred from the 30th day of June,
+1850, to the 1st day of July, 1855, and the amount of such defalcations
+severally, and such other information as may be in his power bearing
+upon the matters above mentioned," I submit the following reports from
+the Secretaries of the Treasury, War, Navy, and Interior Departments and
+the Postmaster-General.
+
+FRANKLIN PIERCE.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _May 19, 1856_.
+
+_To the Senate of the United States_:
+
+I return herewith to the Senate, in which it originated, the bill
+entitled "An act to remove obstructions to navigation in the mouth of
+the Mississippi River at the Southwest Pass and Pass à l'Outre," which
+proposes to appropriate a sum of money, to be expended under the
+superintendence of the Secretary of War, "for the opening and keeping
+open ship channels of sufficient capacity to accommodate the wants of
+commerce through the Southwest Pass and Pass à l'Outre, leading from
+the Mississippi River to the Gulf of Mexico."
+
+In a communication addressed by me to the two Houses of Congress on the
+30th of December, 1854, my views were exhibited in full on the subject
+of the relation of the General Government to internal improvements.
+I set forth on that occasion the constitutional impediments, which in
+my mind are insuperable, to the prosecution of a system of internal
+improvements by means of appropriations from the Treasury of the United
+States, more especially the consideration that the Constitution does
+not confer on the General Government any express power to make such
+appropriations, that they are not a necessary and proper incident of
+any of the express powers, and that the assumption of authority on
+the part of the Federal Government to commence and carry on a general
+system of internal improvements, while exceptionable for the want of
+constitutional power, is in other respects prejudicial to the several
+interests and inconsistent with the true relation to one another of
+the Union and of the individual States.
+
+These objections apply to the whole system of internal improvements,
+whether such improvements consist of works on land or in navigable
+waters, either of the seacoast or of the interior lakes or rivers.
+
+I have not been able, after the most careful reflection, to regard the
+bill before me in any other light than as part of a general system of
+internal improvements, and therefore feel constrained to submit it,
+with these objections, to the reconsideration of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 19, 1856_.
+
+_To the Senate of the United States_:
+
+I return herewith to the Senate, in which it originated, a bill
+entitled "An act making an appropriation for deepening the channel
+over the St. Clair flats, in the State of Michigan," and submit it for
+reconsideration, because it is, in my judgment, liable to the objections
+to the prosecution of internal improvements by the General Government
+which have already been presented by me in previous communications to
+Congress.
+
+In considering this bill under the restriction that the power of
+Congress to construct a work of internal improvement is limited to cases
+in which the work is manifestly needful and proper for the execution
+of some one or more of the powers expressly delegated to the General
+Government, I have not been able to find for the proposed expenditure
+any such relation, unless it be to the power to provide for the common
+defense and to maintain an army and navy. But a careful examination of
+the subject, with the aid of information officially received since my
+last annual message was communicated to Congress, has convinced me that
+the expenditure of the sum proposed would serve no valuable purpose as
+contributing to the common defense, because all which could be effected
+by it would be to afford a channel of 12 feet depth and of so temporary
+a character that unless the work was done immediately before the
+necessity for its use should arise it could not be relied on for the
+vessels of even the small draft the passage of which it would permit.
+
+Under existing circumstances, therefore, it can not be considered
+as a necessary means for the common defense, and is subject to those
+objections which apply to other works designed to facilitate commerce
+and contribute to the convenience and local prosperity of those more
+immediately concerned--an object not to be constitutionally and justly
+attained by the taxation of the people of the whole country.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 22, 1856_.
+
+_To the Senate of the United States_:
+
+Having considered the bill, which originated in the Senate, entitled "An
+act making an appropriation for deepening the channel over the flats of
+the St. Marys River, in the State of Michigan," it is herewith returned
+without my approval.
+
+The appropriation proposed by this bill is not, in my judgment, a
+necessary means for the execution of any of the expressly granted powers
+of the Federal Government. The work contemplated belongs to a general
+class of improvements, embracing roads, rivers, and canals, designed
+to afford additional facilities for intercourse and for the transit of
+commerce, and no reason has been suggested to my mind for excepting
+it from the objections which apply to appropriations by the General
+Government for deepening the channels of rivers wherever shoals or other
+obstacles impede their navigation, and thus obstruct communication
+and impose restraints upon commerce within the States or between the
+States or Territories of the Union. I therefore submit it to the
+reconsideration of Congress, on account of the same objections which
+have been presented in my previous communications on the subject of
+internal improvements.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 11, 1856_.
+
+_To the House of Representatives_:
+
+I return herewith to the House of Representatives, in which it
+originated, a bill entitled "An act for continuing the improvement of
+the Des Moines Rapids, in the Mississippi River," and submit it for
+reconsideration, because it is, in my judgment, liable to the objections
+to the prosecution of internal improvements by the General Government
+set forth at length in a communication addressed by me to the two Houses
+of Congress on the 30th day of December, 1854, and in other subsequent
+messages upon the same subject, to which on this occasion I respectfully
+refer.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 14, 1856_.
+
+_To the Senate of the United States_:
+
+I return herewith to the Senate, in which it originated, a bill entitled
+"An act for the improvement of the navigation of the Patapsco River and
+to render the port of Baltimore accessible to the war steamers of the
+United States," and submit it for reconsideration, because it is, in
+my judgment, liable to the objections to the prosecution of internal
+improvements by the General Government set forth at length in a
+communication addressed by me to the two Houses of Congress on the
+30th day of December, 1854, and other subsequent messages upon the
+same subject, to which on this occasion I respectfully refer.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas information has been received by me that sundry persons,
+citizens of the United States and others resident therein, are
+preparing, within the jurisdiction of the same, to enlist, or enter
+themselves, or to hire or retain others to participate in military
+operations within the State of Nicaragua:
+
+Now, therefore, I, Franklin Pierce, President of the United States, do
+warn all persons against connecting themselves with any such enterprise
+or undertaking, as being contrary to their duty as good citizens and to
+the laws of their country and threatening to the peace of the United
+States.
+
+I do further admonish all persons who may depart from the United States,
+either singly or in numbers, organized or unorganized, for any such
+purpose, that they will thereby cease to be entitled to the protection
+of this Government.
+
+I exhort all good citizens to discountenance and prevent any such
+disreputable and criminal undertaking as aforesaid, charging all
+officers, civil and military, having lawful power in the premises,
+to exercise the same for the purpose of maintaining the authority
+and enforcing the laws of the United States.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed to these presents.
+
+[SEAL.]
+
+Done at the city of Washington, the 8th day of December, 1855, and
+of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas on the second section of an act of the Congress of the United
+States approved the 5th day of August, 1854, entitled "An act to carry
+into effect a treaty between the United States and Great Britain signed
+on the 5th day of June, 1854," it is provided that whenever the island
+of Newfoundland shall give its consent to the application of the
+stipulations and provisions of the said treaty to that Province and the
+legislature thereof and the Imperial Parliament shall pass the necessary
+laws for that purpose, grain, flour, and breadstuffs of all kinds;
+animals of all kinds; fresh, smoked, and salted meats; cotton wool,
+seeds and vegetables, undried fruits, dried fruits, fish of all kinds,
+products of fish and all other creatures living in the water, poultry,
+eggs; hides, furs, skins, or tails, undressed; stone or marble in its
+crude or unwrought state, slate, butter, cheese, tallow, lard, horns,
+manures, ores of metals of all kinds, coal, pitch, tar, turpentine,
+ashes; timber and lumber of all kinds, round, hewed, and sawed,
+unmanufactured in whole or in part; firewood; plants, shrubs, and trees;
+pelts, wool, fish oil, rice, broom corn, and bark; gypsum, ground or
+unground; hewn or wrought or unwrought burr or grind stones, dyestuffs;
+flax, hemp, and tow, unmanufactured; unmanufactured tobacco, and
+rags--shall be admitted free of duty from that Province into the United
+States from and after the date of a proclamation by the President of the
+United States declaring that he has satisfactory evidence that the said
+Province has consented in a due and proper manner to have the provisions
+of the treaty extended to it and to allow the United States the full
+benefits of all the stipulations therein contained; and
+
+Whereas I have satisfactory evidence that the Province of Newfoundland
+has consented in a due and proper manner to have the provisions of the
+aforesaid treaty extended to it and to allow the United States the full
+benefits of all the stipulations therein contained, so far as they are
+applicable to that Province:
+
+Now, therefore, I, Franklin Pierce, President of the United States of
+America, do hereby declare and proclaim that from this date the articles
+enumerated in the preamble of this proclamation, being the growth and
+produce of the British North American colonies, shall be admitted from
+the aforesaid Province of Newfoundland into the United States free of
+duty so long as the aforesaid treaty shall remain in force.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed to these presents.
+
+[SEAL.]
+
+Done at the city of Washington, the 12th day of December, A.D. 1855,
+and of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas indications exist that public tranquillity and the supremacy of
+law in the Territory of Kansas are endangered by the reprehensible acts
+or purposes of persons, both within and without the same, who propose
+to direct and control its political organization by force. It appearing
+that combinations have been formed therein to resist the execution of
+the Territorial laws, and thus in effect subvert by violence all present
+constitutional and legal authority; it also appearing that persons
+residing without the Territory, but near its borders, contemplate armed
+intervention in the affairs thereof; it also appearing that other
+persons, inhabitants of remote States, are collecting money, engaging
+men, and providing arms for the same purpose; and it further appearing
+that combinations within the Territory are endeavoring, by the agency of
+emissaries and otherwise, to induce individual States of the Union to
+intervene in the affairs thereof, in violation of the Constitution of
+the United States; and
+
+Whereas all such plans for the determination of the future institutions
+of the Territory, if carried into action from within the same, will
+constitute the fact of insurrection, and if from without that of
+invasive aggression, and will in either case justify and require the
+forcible interposition of the whole power of the General Government,
+as well to maintain the laws of the Territory as those of the Union:
+
+Now, therefore, I, Franklin Pierce, President of the United States, do
+issue this my proclamation to command all persons engaged in unlawful
+combinations against the constituted authority of the Territory of
+Kansas or of the United States to disperse and retire peaceably to their
+respective abodes, and to warn all such persons that any attempted
+insurrection in said Territory or aggressive intrusion into the same
+will be resisted not only by the employment of the local militia, but
+also by that of any available forces of the United States, to the end
+of assuring immunity from violence and full protection to the persons,
+property, and civil rights of all peaceable and law-abiding inhabitants
+of the Territory.
+
+If, in any part of the Union, the fury of faction or fanaticism,
+inflamed into disregard of the great principles of popular sovereignty
+which, under the Constitution, are fundamental in the whole structure
+of our institutions is to bring on the country the dire calamity of
+an arbitrament of arms in that Territory, it shall be between lawless
+violence on the one side and conservative force on the other, wielded
+by legal authority of the General Government.
+
+I call on the citizens, both of adjoining and of distant States, to
+abstain from unauthorized intermeddling in the local concerns of the
+Territory, admonishing them that its organic law is to be executed with
+impartial justice, that all individual acts of illegal interference
+will incur condign punishment, and that any endeavor to intervene by
+organized force will be firmly withstood.
+
+I invoke all good citizens to promote order by rendering obedience
+to the law, to seek remedy for temporary evils by peaceful means,
+to discountenance and repulse the counsels and the instigations of
+agitators and of disorganizers, and to testify their attachment to
+their country, their pride in its greatness, their appreciation of
+the blessings they enjoy, and their determination that republican
+institutions shall not fail in their hands by cooperating to uphold the
+majesty of the laws and to vindicate the sanctity of the Constitution.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed to these presents.
+
+[SEAL.]
+
+Done at the city of Washington, the 11th day of February, A.D. 1856,
+and of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas by letters patent under the seal of the United States bearing
+date the 2d day of March, A.D. 1843, the President recognized Anthony
+Barclay as consul of Her Britannic Majesty at New York and declared him
+free to exercise and enjoy such functions, powers, and privileges as are
+allowed to the consuls of the most favored nations, but, for good and
+sufficient reasons, it is deemed proper that he should no longer
+exercise the said functions within the United States:
+
+Now, therefore, be it known that I, Franklin Pierce, President of
+the United States of America, do hereby declare that the powers and
+privileges conferred as aforesaid on the said Anthony Barclay are
+revoked and annulled.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 28th day of May,
+A.D. 1856, and of the Independence of the United States of America
+the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas by letters patent under the seal of the United States bearing
+date the 2d day of August, A.D. 1853, the President recognized George
+Benvenuto Mathew as consul of Her Britannic Majesty at Philadelphia and
+declared him free to exercise and enjoy such functions, powers, and
+privileges as are allowed to the consuls of the most favored nations,
+but, for good and sufficient reasons, it is deemed proper that he should
+no longer exercise the said functions within the United States:
+
+Now, therefore, be it known that I, Franklin Pierce, President of
+the United States of America, do hereby declare that the powers and
+privileges conferred as aforesaid on the said George Benvenuto Mathew
+are revoked and annulled.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 28th day of May,
+A.D. 1856, and of the Independence of the United States of America
+the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas by letters patent under the seal of the United States bearing
+date the 17th day of August, A.D. 1852, the President recognized Charles
+Rowcroft as consul of Her Britannic Majesty at Cincinnati and declared
+him free to exercise and enjoy such functions, powers, and privileges as
+are allowed to the consuls of the most favored nations, but, for good
+and sufficient reasons, it is deemed proper that he should no longer
+exercise the said functions within the United States:
+
+Now, therefore, be it known that I, Franklin Pierce, President of
+the United States of America, do hereby declare that the powers and
+privileges conferred as aforesaid on the said Charles Rowcroft are
+revoked and annulled.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 28th day of May,
+A.D. 1856, and of the Independence of the United States of America
+the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas, pursuant to the first article of the treaty between the United
+States and the Mexican Republic of the 30th day of December, 1853, the
+true limits between the territories of the contracting parties were
+declared to be as follows:
+
+Retaining the same dividing line between the two Californias as already
+defined and established according to the fifth article of the treaty of
+Guadalupe Hidalgo, the limits between the two Republics shall be as
+follows:
+
+Beginning in the Gulf of Mexico 3 leagues from land, opposite the mouth
+of the Rio Grande, as provided in the fifth article of the treaty of
+Guadalupe Hidalgo; thence, as defined in the said article, up the middle
+of that river to the point where the parallel of 31° 47' north latitude
+crosses the same; thence due west 100 miles; thence south to the
+parallel of 31° 20' north latitude; thence along the said parallel of
+31° 20' to the one hundred and eleventh meridian of longitude west of
+Greenwich; thence in a straight line to a point on the Colorado River 20
+English miles below the junction of the Gila and Colorado rivers; thence
+up the middle of the said river Colorado until it intersects the present
+line between the United States and Mexico.
+
+And whereas the said dividing line has been surveyed, marked out, and
+established by the respective commissioners of the contracting parties,
+pursuant to the same article of the said treaty:
+
+Now, therefore, be it known that I, Franklin Pierce, President of the
+United States of America, do hereby declare to all whom it may concern
+that the line aforesaid shall be held and considered as the boundary
+between the United States and the Mexican Republic and shall be
+respected as such by the United States and the citizens thereof.
+
+In testimony whereof I have caused the seal of the United States to be
+hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, this 2d day of June,
+A.D. 1856, and of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas whilst hostilities exist with various Indian tribes on the
+remote frontiers of the United States, and whilst in other respects the
+public peace is seriously threatened, Congress has adjourned without
+granting necessary supplies for the Army, depriving the Executive of
+the power to perform his duty in relation to the common defense and
+security, and an extraordinary occasion has thus arisen for assembling
+the two Houses of Congress, I do therefore by this my proclamation
+convene the said Houses to meet in the Capitol, at the city of
+Washington, on Thursday, the 21st day of August instant, hereby
+requiring the respective Senators and Representatives then and there
+to assemble to consult and determine on such measures as the state of
+the Union may seem to require.
+
+In testimony whereof I have caused the seal of the United States to be
+hereunto affixed and signed the same with my hand.
+
+[SEAL.]
+
+Done at the city of Washington, the 18th day of August, A.D. 1856, and
+of the Independence of the United States the eighty-first.
+
+FRANKLIN PIERCE.
+
+By order:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _August 21, 1856_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+In consequence of the failure of Congress at its recent session to make
+provision for the support of the Army, it became imperatively incumbent
+on me to exercise the power which the Constitution confers on the
+Executive for extraordinary occasions, and promptly to convene the two
+Houses in order to afford them an opportunity of reconsidering a subject
+of such vital interest to the peace and welfare of the Union.
+
+With the exception of a partial authority vested by law in the Secretary
+of War to contract for the supply of clothing and subsistence, the Army
+is wholly dependent on the appropriations annually made by Congress.
+The omission of Congress to act in this respect before the termination of
+the fiscal year had already caused embarrassments to the service, which
+were overcome only in expectation of appropriations before the close
+of the present month. If the requisite funds be not speedily provided,
+the Executive will no longer be able to furnish the transportation,
+equipments, and munitions which are essential to the effectiveness of a
+military force in the field. With no provision for the pay of troops the
+contracts of enlistment would be broken and the Army must in effect be
+disbanded, the consequences of which would be so disastrous as to demand
+all possible efforts to avert the calamity.
+
+It is not merely that the officers and enlisted men of the Army are to
+be thus deprived of the pay and emoluments to which they are entitled by
+standing laws; that the construction of arms at the public armories, the
+repair and construction of ordnance at the arsenals, and the manufacture
+of military clothing and camp equipage must be discontinued, and the
+persons connected with this branch of the public service thus be
+deprived suddenly of the employment essential to their subsistence;
+nor is it merely the waste consequent on the forced abandonment of the
+seaboard fortifications and of the interior military posts and other
+establishments, and the enormous expense of recruiting and reorganizing
+the Army and again distributing it over the vast regions which it now
+occupies. These are evils which may, it is true, be repaired hereafter
+by taxes imposed on the country; but other evils are involved, which no
+expenditures, however lavish, could remedy, in comparison with which
+local and personal injuries or interests sink into insignificance.
+
+A great part of the Army is situated on the remote frontier or in the
+deserts and mountains of the interior. To discharge large bodies of men
+in such places without the means of regaining their homes, and where
+few, if any, could obtain subsistence by honest industry, would be to
+subject them to suffering and temptation, with disregard of justice and
+right most derogatory to the Government.
+
+In the Territories of Washington and Oregon numerous bands of Indians
+are in arms and are waging a war of extermination against the white
+inhabitants; and although our troops are actively carrying on the
+campaign, we have no intelligence as yet of a successful result. On the
+Western plains, notwithstanding the imposing display of military force
+recently made there and the chastisement inflicted on the rebellious
+tribes, others, far from being dismayed, have manifested hostile
+intentions and been guilty of outrages which, if not designed to provoke
+a conflict, serve to show that the apprehension of it is insufficient
+wholly to restrain their vicious propensities. A strong force in the
+State of Texas has produced a temporary suspension of hostilities there,
+but in New Mexico incessant activity on the part of the troops is
+required to keep in check the marauding tribes which infest that
+Territory. The hostile Indians have not been removed from the State of
+Florida, and the withdrawal of the troops therefrom, leaving that object
+unaccomplished, would be most injurious to the inhabitants and a breach
+of the positive engagement of the General Government.
+
+To refuse supplies to the Army, therefore, is to compel the complete
+cessation of all its operations and its practical disbandment, and thus
+to invite hordes of predatory savages from the Western plains and the
+Rocky Mountains to spread devastation along a frontier of more than
+4,000 miles in extent and to deliver up the sparse population of a vast
+tract of country to rapine and murder.
+
+Such, in substance, would be the direct and immediate effects of
+the refusal of Congress, for the first time in the history of the
+Government, to grant supplies for the maintenance of the Army--the
+inevitable waste of millions of public treasure; the infliction of
+extreme wrong upon all persons connected with the military establishment
+by service, employment, or contracts; the recall of our forces from the
+field; the fearful sacrifice of life and incalculable destruction of
+property on the remote frontiers; the striking of our national flag
+on the battlements of the fortresses which defend our maritime cities
+against foreign invasion; the violation of the public honor and good
+faith, and the discredit of the United States in the eyes of the
+civilized world.
+
+I confidently trust that these considerations, and others appertaining
+to the domestic peace of the country which can not fail to suggest
+themselves to every patriotic mind, will on reflection be duly
+appreciated by both Houses of Congress and induce the enactment of the
+requisite provisions of law for the support of the Army of the United
+States.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGE.
+
+
+EXECUTIVE OFFICE,
+
+_Washington, August 21, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a letter from the Secretary of War, in relation to
+the balances remaining in the Treasury from the last appropriation for
+the support of the Army.
+
+FRANKLIN PIERCE.
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 2, 1856_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The Constitution requires that the President shall from time to time not
+only recommend to the consideration of Congress such measures as he may
+judge necessary and expedient, but also that he shall give information
+to them of the state of the Union. To do this fully involves exposition
+of all matters in the actual condition of the country, domestic or
+foreign, which essentially concern the general welfare. While performing
+his constitutional duty in this respect, the President does not speak
+merely to express personal convictions, but as the executive minister of
+the Government, enabled by his position and called upon by his official
+obligations to scan with an impartial eye the interests of the whole and
+of every part of the United States.
+
+Of the condition of the domestic interests of the Union--its agriculture,
+mines, manufactures, navigation, and commerce--it is necessary only to
+say that the internal prosperity of the country, its continuous and
+steady advancement in wealth and population and in private as well
+as public well-being, attest the wisdom of our institutions and the
+predominant spirit of intelligence and patriotism which, notwithstanding
+occasional irregularities of opinion or action resulting from popular
+freedom, has distinguished and characterized the people of America.
+
+In the brief interval between the termination of the last and the
+commencement of the present session of Congress the public mind has been
+occupied with the care of selecting for another constitutional term the
+President and Vice-President of the United States.
+
+The determination of the persons who are of right, or contingently, to
+preside over the administration of the Government is under our system
+committed to the States and the people. We appeal to them, by their
+voice pronounced in the forms of law, to call whomsoever they will to
+the high post of Chief Magistrate.
+
+And thus it is that as the Senators represent the respective States of
+the Union and the members of the House of Representatives the several
+constituencies of each State, so the President represents the aggregate
+population of the United States. Their election of him is the explicit
+and solemn act of the sole sovereign authority of the Union.
+
+It is impossible to misapprehend the great principles which by their
+recent political action the people of the United States have sanctioned
+and announced.
+
+They have asserted the constitutional equality of each and all of the
+States of the Union as States; they have affirmed the constitutional
+equality of each and all of the citizens of the United States as
+citizens, whatever their religion, wherever their birth or their
+residence; they have maintained the inviolability of the constitutional
+rights of the different sections of the Union, and they have proclaimed
+their devoted and unalterable attachment to the Union and to the
+Constitution, as objects of interest superior to all subjects of local
+or sectional controversy, as the safeguard of the rights of all, as the
+spirit and the essence of the liberty, peace, and greatness of the
+Republic.
+
+In doing this they have at the same time emphatically condemned the idea
+of organizing in these United States mere geographical parties, of
+marshaling in hostile array toward each other the different parts of the
+country, North or South, East or West.
+
+Schemes of this nature, fraught with incalculable mischief, and which
+the considerate sense of the people has rejected, could have had
+countenance in no part of the country had they not been disguised by
+suggestions plausible in appearance, acting upon an excited state of the
+public mind, induced by causes temporary in their character and, it is
+to be hoped, transient in their influence.
+
+Perfect liberty of association for political objects and the widest
+scope of discussion are the received and ordinary conditions of
+government in our country. Our institutions, framed in the spirit
+of confidence in the intelligence and integrity of the people, do not
+forbid citizens, either individually or associated together, to attack
+by writing, speech, or any other methods short of physical force the
+Constitution and the very existence of the Union. Under the shelter
+of this great liberty, and protected by the laws and usages of the
+Government they assail, associations have been formed in some of the
+States of individuals who, pretending to seek only to prevent the spread
+of the institution of slavery into the present or future inchoate States
+of the Union, are really inflamed with desire to change the domestic
+institutions of existing States. To accomplish their objects they
+dedicate themselves to the odious task of depreciating the government
+organization which stands in their way and of calumniating with
+indiscriminate invective not only the citizens of particular States with
+whose laws they find fault, but all others of their fellow-citizens
+throughout the country who do not participate with them in their
+assaults upon the Constitution, framed and adopted by our fathers, and
+claiming for the privileges it has secured and the blessings it has
+conferred the steady support and grateful reverence of their children.
+They seek an object which they well know to be a revolutionary one.
+They are perfectly aware that the change in the relative condition of
+the white and black races in the slaveholding States which they would
+promote is beyond their lawful authority; that to them it is a foreign
+object; that it can not be effected by any peaceful instrumentality of
+theirs; that for them and the States of which they are citizens the
+only path to its accomplishment is through burning cities, and ravaged
+fields, and slaughtered populations, and all there is most terrible in
+foreign complicated with civil and servile war; and that the first step
+in the attempt is the forcible disruption of a country embracing in its
+broad bosom a degree of liberty and an amount of individual and public
+prosperity to which there is no parallel in history, and substituting in
+its place hostile governments, driven at once and inevitably into mutual
+devastation and fratricidal carnage, transforming the now peaceful and
+felicitous brotherhood into a vast permanent camp of armed men like the
+rival monarchies of Europe and Asia. Well knowing that such, and such
+only, are the means and the consequences of their plans and purposes,
+they endeavor to prepare the people of the United States for civil war
+by doing everything in their power to deprive the Constitution and the
+laws of moral authority and to undermine the fabric of the Union by
+appeals to passion and sectional prejudice, by indoctrinating its people
+with reciprocal hatred, and by educating them to stand face to face as
+enemies, rather than shoulder to shoulder as friends.
+
+It is by the agency of such unwarrantable interference, foreign and
+domestic, that the minds of many otherwise good citizens have been so
+inflamed into the passionate condemnation of the domestic institutions
+of the Southern States as at length to pass insensibly to almost equally
+passionate hostility toward their fellow-citizens of those States, and
+thus finally to fall into temporary fellowship with the avowed and
+active enemies of the Constitution. Ardently attached to liberty in the
+abstract, they do not stop to consider practically how the objects they
+would attain can be accomplished, nor to reflect that, even if the evil
+were as great as they deem it, they have no remedy to apply, and that it
+can be only aggravated by their violence and unconstitutional action.
+A question which is one of the most difficult of all the problems of
+social institution, political economy, and statesmanship they treat
+with unreasoning intemperance of thought and language. Extremes beget
+extremes. Violent attack from the North finds its inevitable consequence
+in the growth of a spirit of angry defiance at the South. Thus in the
+progress of events we had reached that consummation, which the voice of
+the people has now so pointedly rebuked, of the attempt of a portion of
+the States, by a sectional organization and movement, to usurp the
+control of the Government of the United States.
+
+I confidently believe that the great body of those who inconsiderately
+took this fatal step are sincerely attached to the Constitution and the
+Union. They would upon deliberation shrink with unaffected horror from
+any conscious act of disunion or civil war. But they have entered into
+a path which leads nowhere unless it be to civil war and disunion, and
+which has no other possible outlet. They have proceeded thus far in
+that direction in consequence of the successive stages of their progress
+having consisted of a series of secondary issues, each of which
+professed to be confined within constitutional and peaceful limits, but
+which attempted indirectly what few men were willing to do directly;
+that is, to act aggressively against the constitutional rights of
+nearly one-half of the thirty-one States.
+
+In the long series of acts of indirect aggression, the first was the
+strenuous agitation by citizens of the Northern States, in Congress and
+out of it, of the question of negro emancipation in the Southern States.
+
+The second step in this path of evil consisted of acts of the people
+of the Northern States, and in several instances of their governments,
+aimed to facilitate the escape of persons held to service in the
+Southern States and to prevent their extradition when reclaimed
+according to law and in virtue of express provisions of the
+Constitution. To promote this object, legislative enactments and other
+means were adopted to take away or defeat rights which the Constitution
+solemnly guaranteed. In order to nullify the then existing act of
+Congress concerning the extradition of fugitives from service, laws were
+enacted in many States forbidding their officers, under the severest
+penalties, to participate in the execution of any act of Congress
+whatever. In this way that system of harmonious cooperation between the
+authorities of the United States and of the several States, for the
+maintenance of their common institutions, which existed in the early
+years of the Republic was destroyed; conflicts of jurisdiction came to
+be frequent, and Congress found itself compelled, for the support of
+the Constitution and the vindication of its power, to authorize the
+appointment of new officers charged with the execution of its acts, as
+if they and the officers of the States were the ministers, respectively,
+of foreign governments in a state of mutual hostility rather than
+fellow-magistrates of a common country peacefully subsisting under the
+protection of one well-constituted Union. Thus here also aggression was
+followed by reaction, and the attacks upon the Constitution at this
+point did but serve to raise up new barriers for its defense and
+security.
+
+The third stage of this unhappy sectional controversy was in
+connection with the organization of Territorial governments and
+the admission of new States into the Union. When it was proposed to
+admit the State of Maine, by separation of territory from that of
+Massachusetts, and the State of Missouri, formed of a portion of the
+territory ceded by France to the United States, representatives in
+Congress objected to the admission of the latter unless with conditions
+suited to particular views of public policy. The imposition of such a
+condition was successfully resisted; but at the same period the question
+was presented of imposing restrictions upon the residue of the territory
+ceded by France. That question was for the time disposed of by the
+adoption of a geographical line of limitation.
+
+In this connection it should not be forgotten that when France, of
+her own accord, resolved, for considerations of the most far-sighted
+sagacity, to cede Louisiana to the United States, and that accession was
+accepted by the United States, the latter expressly engaged that "the
+inhabitants of the ceded territory shall be incorporated in the Union
+of the United States and admitted as soon as possible, according to the
+principles of the Federal Constitution, to the enjoyment of all the
+rights, advantages, and immunities of citizens of the United States;
+and in the meantime they shall be maintained and protected in the free
+enjoyment of their _liberty, property_, and the religion which they
+profess;" that is to say, while it remains in a Territorial condition
+its inhabitants are maintained and protected in the free enjoyment of
+their liberty and property, with a right then to pass into the condition
+of States on a footing of perfect equality with the original States.
+
+The enactment which established the restrictive geographical line was
+acquiesced in rather than approved by the States of the Union. It stood
+on the statute book, however, for a number of years; and the people of
+the respective States acquiesced in the reenactment of the principle as
+applied to the State of Texas, and it was proposed to acquiesce in its
+further application to the territory acquired by the United States
+from Mexico. But this proposition was successfully resisted by the
+representatives from the Northern States, who, regardless of the statute
+line, insisted upon applying restriction to the new territory generally,
+whether lying north or south of it, thereby repealing it as a
+legislative compromise, and, on the part of the North, persistently
+violating the compact, if compact there was.
+
+Thereupon this enactment ceased to have binding virtue in any sense,
+whether as respects the North or the South, and so in effect it was
+treated on the occasion of the admission of the State of California and
+the organization of the Territories of New Mexico, Utah, and Washington.
+
+Such was the state of this question when the time arrived for the
+organization of the Territories of Kansas and Nebraska. In the progress
+of constitutional inquiry and reflection it had now at length come to
+be seen clearly that Congress does not possess constitutional power to
+impose restrictions of this character upon any present or future State
+of the Union. In a long series of decisions, on the fullest argument and
+after the most deliberate consideration, the Supreme Court of the United
+States had finally determined this point in every form under which the
+question could arise, whether as affecting public or private rights--in
+questions of the public domain, of religion, of navigation, and of
+servitude.
+
+The several States of the Union are by force of the Constitution coequal
+in domestic legislative power. Congress can not change a law of domestic
+relation in the State of Maine; no more can it in the State of Missouri.
+Any statute which proposes to do this is a mere nullity; it takes away
+no right, it confers none. If it remains on the statute book unrepealed,
+it remains there only as a monument of error and a beacon of warning to
+the legislator and the statesman. To repeal it will be only to remove
+imperfection from the statutes, without affecting, either in the sense
+of permission or of prohibition, the action of the States or of their
+citizens.
+
+Still, when the nominal restriction of this nature, already a dead
+letter in law, was in terms repealed by the last Congress, in a clause
+of the act organizing the Territories of Kansas and Nebraska, that
+repeal was made the occasion of a widespread and dangerous agitation.
+
+It was alleged that the original enactment being a compact of perpetual
+moral obligation, its repeal constituted an odious breach of faith.
+
+An act of Congress, while it remains unrepealed, more especially if it
+be constitutionally valid in the judgment of those public functionaries
+whose duty it is to pronounce on that point, is undoubtedly binding on
+the conscience of each good citizen of the Republic. But in what sense
+can it be asserted that the enactment in question was invested with
+perpetuity and entitled to the respect of a solemn compact? Between whom
+was the compact? No distinct contending powers of the Government, no
+separate sections of the Union treating as such, entered into treaty
+stipulations on the subject. It was a mere clause of an act of Congress,
+and, like any other controverted matter of legislation, received its
+final shape and was passed by compromise of the conflicting opinions or
+sentiments of the members of Congress. But if it had moral authority
+over men's consciences, to whom did this authority attach? Not to those
+of the North, who had repeatedly refused to confirm it by extension
+and who had zealously striven to establish other and incompatible
+regulations upon the subject. And if, as it thus appears, the supposed
+compact had no obligatory force as to the North, of course it could not
+have had any as to the South, for all such compacts must be mutual and
+of reciprocal obligation.
+
+It has not unfrequently happened that lawgivers, with undue estimation
+of the value of the law they give or in the view of imparting to it
+peculiar strength, make it perpetual in terms; but they can not thus
+bind the conscience, the judgment, and the will of those who may succeed
+them, invested with similar responsibilities and clothed with equal
+authority. More careful investigation may prove the law to be unsound
+in principle. Experience may show it to be imperfect in detail and
+impracticable in execution. And then both reason and right combine
+not merely to justify but to require its repeal.
+
+The Constitution, supreme, as it is, over all the departments of the
+Government--legislative, executive, and judicial--is open to amendment
+by its very terms; and Congress or the States may, in their discretion,
+propose amendment to it, solemn compact though it in truth is between
+the sovereign States of the Union. In the present instance a political
+enactment which had ceased to have legal power or authority of any kind
+was repealed. The position assumed that Congress had no moral right to
+enact such repeal was strange enough, and singularly so in view of the
+fact that the argument came from those who openly refused obedience
+to existing laws of the land, having the same popular designation and
+quality as compromise acts; nay, more, who unequivocally disregarded
+and condemned the most positive and obligatory injunctions of the
+Constitution itself, and sought by every means within their reach to
+deprive a portion of their fellow-citizens of the equal enjoyment of
+those rights and privileges guaranteed alike to all by the fundamental
+compact of our Union.
+
+This argument against the repeal of the statute line in question was
+accompanied by another of congenial character and equally with the
+former destitute of foundation in reason and truth. It was imputed that
+the measure originated in the conception of extending the limits of
+slave labor beyond those previously assigned to it, and that such was
+its natural as well as intended effect; and these baseless assumptions
+were made, in the Northern States, the ground of unceasing assault upon
+constitutional right.
+
+The repeal in terms of a statute, which was already obsolete and also
+null for unconstitutionality, could have no influence to obstruct or
+to promote the propagation of conflicting views of political or social
+institution. When the act organizing the Territories of Kansas and
+Nebraska was passed, the inherent effect upon that portion of the
+public domain thus opened to legal settlement was to admit settlers
+from all the States of the Union alike, each with his convictions of
+public policy and private interest, there to found, in their discretion,
+subject to such limitations as the Constitution and acts of Congress
+might prescribe, new States, hereafter to be admitted into the Union.
+It was a free field, open alike to all, whether the statute line of
+assumed restriction were repealed or not. That repeal did not open to
+free competition of the diverse opinions and domestic institutions a
+field which without such repeal would have been closed against them;
+it found that field of competition already opened, in fact and in law.
+All the repeal did was to relieve the statute book of an objectionable
+enactment, unconstitutional in effect and injurious in terms to a large
+portion of the States.
+
+Is it the fact that in all the unsettled regions of the United States,
+if emigration be left free to act in this respect for itself, without
+legal prohibitions on either side, slave labor will spontaneously go
+everywhere in preference to free labor? Is it the fact that the peculiar
+domestic institutions of the Southern States possess relatively so much
+of vigor that wheresoever an avenue is freely opened to all the world
+they will penetrate to the exclusion of those of the Northern States?
+Is it the fact that the former enjoy, compared with the latter, such
+irresistibly superior vitality, independent of climate, soil, and all
+other accidental circumstances, as to be able to produce the supposed
+result in spite of the assumed moral and natural obstacles to its
+accomplishment and of the more numerous population of the Northern
+States?
+
+The argument of those who advocate the enactment of new laws of
+restriction and condemn the repeal of old ones in effect avers that
+their particular views of government have no self-extending or
+self-sustaining power of their own, and will go nowhere unless forced by
+act of Congress. And if Congress do but pause for a moment in the policy
+of stern coercion; if it venture to try the experiment of leaving men to
+judge for themselves what institutions will best suit them; if it be not
+strained up to perpetual legislative exertion on this point--if Congress
+proceed thus to act in the very spirit of liberty, it is at once charged
+with aiming to extend slave labor into all the new Territories of the
+United States.
+
+Of course these imputations on the intentions of Congress in this
+respect, conceived, as they were, in prejudice and disseminated in
+passion, are utterly destitute of any justification in the nature of
+things and contrary to all the fundamental doctrines and principles of
+civil liberty and self-government.
+
+While, therefore, in general, the people of the Northern States
+have never at any time arrogated for the Federal Government the
+power to interfere directly with the domestic condition of persons
+in the Southern States, but, on the contrary, have disavowed all such
+intentions and have shrunk from conspicuous affiliation with those few
+who pursue their fanatical objects avowedly through the contemplated
+means of revolutionary change of the Government and with acceptance of
+the necessary consequences--a civil and servile war--yet many citizens
+have suffered themselves to be drawn into one evanescent political issue
+of agitation after another, appertaining to the same set of opinions,
+and which subsided as rapidly as they arose when it came to be seen, as
+it uniformly did, that they were incompatible with the compacts of the
+Constitution and the existence of the Union. Thus when the acts of some
+of the States to nullify the existing extradition law imposed upon
+Congress the duty of passing a new one, the country was invited by
+agitators to enter into party organization for its repeal; but that
+agitation speedily ceased by reason of the impracticability of its
+object. So when the statute restriction upon the institutions of new
+States by a geographical line had been repealed, the country was urged
+to demand its restoration, and that project also died almost with its
+birth. Then followed the cry of alarm from the North against imputed
+Southern encroachments, which cry sprang in reality from the spirit of
+revolutionary attack on the domestic institutions of the South, and,
+after a troubled existence of a few months, has been rebuked by the
+voice of a patriotic people.
+
+Of this last agitation, one lamentable feature was that it was carried
+on at the immediate expense of the peace and happiness of the people of
+the Territory of Kansas. That was made the battlefield, not so much of
+opposing factions or interests within itself as of the conflicting
+passions of the whole people of the United States. Revolutionary
+disorder in Kansas had its origin in projects of intervention
+deliberately arranged by certain members of that Congress which enacted
+the law for the organization of the Territory; and when propagandist
+colonization of Kansas had thus been undertaken in one section of the
+Union for the systematic promotion of its peculiar views of policy there
+ensued as a matter of course a counteraction with opposite views in
+other sections of the Union.
+
+In consequence of these and other incidents, many acts of disorder,
+it is undeniable, have been perpetrated in Kansas, to the occasional
+interruption rather than the permanent suspension of regular government.
+Aggressive and most reprehensible incursions into the Territory were
+undertaken both in the North and the South, and entered it on its
+northern border by the way of Iowa, as well as on the eastern by way
+of Missouri; and there has existed within it a state of insurrection
+against the constituted authorities, not without countenance from
+inconsiderate persons in each of the great sections of the Union. But
+the difficulties in that Territory have been extravagantly exaggerated
+for purposes of political agitation elsewhere. The number and gravity of
+the acts of violence have been magnified partly by statements entirely
+untrue and partly by reiterated accounts of the same rumors or facts.
+Thus the Territory has been seemingly filled with extreme violence,
+when the whole amount of such acts has not been greater than what
+occasionally passes before us in single cities to the regret of all
+good citizens, but without being regarded as of general or permanent
+political consequence.
+
+Imputed irregularities in the elections had in Kansas, like occasional
+irregularities of the same description in the States, were beyond the
+sphere of action of the Executive. But incidents of actual violence or
+of organized obstruction of law, pertinaciously renewed from time to
+time, have been met as they occurred by such means as were available and
+as the circumstances required, and nothing of this character now remains
+to affect the general peace of the Union. The attempt of a part of the
+inhabitants of the Territory to erect a revolutionary government, though
+sedulously encouraged and supplied with pecuniary aid from active agents
+of disorder in some of the States, has completely failed. Bodies of
+armed men, foreign to the Territory, have been prevented from entering
+or compelled to leave it; predatory bands, engaged in acts of rapine
+under cover of the existing political disturbances, have been arrested
+or dispersed, and every well-disposed person is now enabled once more to
+devote himself in peace to the pursuits of prosperous industry, for the
+prosecution of which he undertook to participate in the settlement of
+the Territory.
+
+It affords me unmingled satisfaction thus to announce the peaceful
+condition of things in Kansas, especially considering the means to which
+it was necessary to have recourse for the attainment of the end, namely,
+the employment of a part of the military force of the United States. The
+withdrawal of that force from its proper duty of defending the country
+against foreign foes or the savages of the frontier to employ it for
+the suppression of domestic insurrection is, when the exigency occurs,
+a matter of the most earnest solicitude. On this occasion of imperative
+necessity it has been done with the best results, and my satisfaction
+in the attainment of such results by such means is greatly enhanced by
+the consideration that, through the wisdom and energy of the present
+executive of Kansas and the prudence, firmness, and vigilance of the
+military officers on duty there tranquillity has been restored without
+one drop of blood having been shed in its accomplishment by the forces
+of the United States.
+
+The restoration of comparative tranquillity in that Territory furnishes
+the means of observing calmly and appreciating at their just value the
+events which have occurred there and the discussions of which the
+government of the Territory has been the subject.
+
+We perceive that controversy concerning its future domestic institutions
+was inevitable; that no human prudence, no form of legislation, no
+wisdom on the part of Congress, could have prevented it.
+
+It is idle to suppose that the particular provisions of their organic
+law were the cause of agitation. Those provisions were but the occasion,
+or the pretext, of an agitation which was inherent in the nature of
+things. Congress legislated upon the subject in such terms as were most
+consonant with the principle of popular sovereignty which underlies our
+Government. It could not have legislated otherwise without doing
+violence to another great principle of our institutions--the
+imprescriptible right of equality of the several States.
+
+We perceive also that sectional interests and party passions have been
+the great impediment to the salutary operation of the organic principles
+adopted and the chief cause of the successive disturbances in Kansas,
+The assumption that because in the organization of the Territories of
+Nebraska and Kansas Congress abstained from imposing restraints upon
+them to which certain other Territories had been subject, therefore
+disorders occurred in the latter Territory, is emphatically contradicted
+by the fact that none have occurred in the former. Those disorders were
+not the consequence, in Kansas, of the freedom of self-government
+conceded to that Territory by Congress, but of unjust interference on
+the part of persons not inhabitants of the Territory. Such interference,
+wherever it has exhibited itself by acts of insurrectionary character or
+of obstruction to process of law, has been repelled or suppressed by all
+the means which the Constitution and the laws place in the hands of the
+Executive.
+
+In those parts of the United States where, by reason of the inflamed
+state of the public mind, false rumors and misrepresentations have
+the greatest currency it has been assumed that it was the duty of the
+Executive not only to suppress insurrectionary movements in Kansas,
+but also to see to the regularity of local elections. It needs little
+argument to show that the President has no such power. All government in
+the United States rests substantially upon popular election. The freedom
+of elections is liable to be impaired by the intrusion of unlawful votes
+or the exclusion of lawful ones, by improper influences, by violence,
+or by fraud. But the people of the United States are themselves the
+all-sufficient guardians of their own rights, and to suppose that they
+will not remedy in due season any such incidents of civil freedom is
+to suppose them to have ceased to be capable of self-government. The
+President of the United States has not power to interpose in elections,
+to see to their freedom, to canvass their votes, or to pass upon their
+legality in the Territories any more than in the States. If he had such
+power the Government might be republican in form, but it would be a
+monarchy in fact; and if he had undertaken to exercise it in the case of
+Kansas he would have been justly subject to the charge of usurpation and
+of violation of the dearest rights of the people of the United States.
+
+Unwise laws, equally with irregularities at elections, are in periods
+of great excitement the occasional incidents of even the freest and
+best political institutions; but all experience demonstrates that in a
+country like ours, where the right of self-constitution exists in the
+completest form, the attempt to remedy unwise legislation by resort
+to revolution is totally out of place, inasmuch as existing legal
+institutions afford more prompt and efficacious means for the redress
+of wrong.
+
+I confidently trust that now, when the peaceful condition of Kansas
+affords opportunity for calm reflection and wise legislation, either
+the legislative assembly of the Territory or Congress will see that
+no act shall remain on its statute book violative of the provisions
+of the Constitution or subversive of the great objects for which
+that was ordained and established, and will take all other necessary
+steps to assure to its inhabitants the enjoyment, without obstruction or
+abridgment, of all the constitutional rights, privileges, and immunities
+of citizens of the United States, as contemplated by the organic law of
+the Territory.
+
+Full information in relation to recent events in this Territory will be
+found in the documents communicated herewith from the Departments of
+State and War.
+
+I refer you to the report of the Secretary of the Treasury for
+particular information concerning the financial condition of the
+Government and the various branches of the public service connected
+with the Treasury Department.
+
+During the last fiscal year the receipts from customs were for the first
+time more than $64,000,000, and from all sources $73,918,141, which,
+with the balance on hand up to the 1st of July, 1855, made the total
+resources of the year amount to $92,850,117. The expenditures, including
+$3,000,000 in execution of the treaty with Mexico and excluding sums
+paid on account of the public debt, amounted to $60,172,401, and
+including the latter to $72,948,792, the payment on this account having
+amounted to $12,776,390.
+
+On the 4th of March, 1853, the amount of the public debt was
+$69,129,937. There was a subsequent increase of $2,750,000 for the debt
+of Texas, making a total of $71,879,937. Of this the sum of $45,525,319,
+including premium, has been discharged, reducing the debt to
+$30,963,909, all which might be paid within a year without embarrassing
+the public service, but being not yet due and only redeemable at the
+option of the holder, can not be pressed to payment by the Government.
+
+On examining the expenditures of the last five years it will be seen
+that the average, deducting payments on account of the public debt and
+$10,000,000 paid by treaty to Mexico, has been but about $48,000,000.
+It is believed that under an economical administration of the Government
+the average expenditure for the ensuing five years will not exceed that
+sum, unless extraordinary occasion for its increase should occur. The
+acts granting bounty lands will soon have been executed, while the
+extension of our frontier settlements will cause a continued demand
+for lands and augmented receipts, probably, from that source. These
+considerations will justify a reduction of the revenue from customs
+so as not to exceed forty-eight or fifty million dollars. I think the
+exigency for such reduction is imperative, and again urge it upon the
+consideration of Congress.
+
+The amount of reduction, as well as the manner of effecting it,
+are questions of great and general interest, it being essential to
+industrial enterprise and the public prosperity, as well as the dictate
+of obvious justice, that the burden of taxation be made to rest as
+equally as possible upon all classes and all sections and interests
+of the country.
+
+I have heretofore recommended to your consideration the revision of
+the revenue laws, prepared under the direction of the Secretary of the
+Treasury, and also legislation upon some special questions affecting the
+business of that Department, more especially the enactment of a law to
+punish the abstraction of official books or papers from the files of the
+Government and requiring all such books and papers and all other public
+property to be turned over by the outgoing officer to his successor;
+of a law requiring disbursing officers to deposit all public money in
+the vaults of the Treasury or in other legal depositories, where the
+same are conveniently accessible, and a law to extend existing penal
+provisions to all persons who may become possessed of public money by
+deposit or otherwise and who shall refuse or neglect on due demand to
+pay the same into the Treasury. I invite your attention anew to each
+of these objects.
+
+The Army during the past year has been so constantly employed against
+hostile Indians in various quarters that it can scarcely be said, with
+propriety of language, to have been a peace establishment. Its duties
+have been satisfactorily performed, and we have reason to expect as
+a result of the year's operations greater security to the frontier
+inhabitants than has been hitherto enjoyed. Extensive combinations among
+the hostile Indians of the Territories of Washington and Oregon at one
+time threatened the devastation of the newly formed settlements of that
+remote portion of the country. From recent information we are permitted
+to hope that the energetic and successful operations conducted there
+will prevent such combinations in future and secure to those Territories
+an opportunity to make steady progress in the development of their
+agricultural and mineral resources.
+
+Legislation has been recommended by me on previous occasions to cure
+defects in the existing organization and to increase the efficiency of
+the Army, and further observation has but served to confirm me in the
+views then expressed and to enforce on my mind the conviction that such
+measures are not only proper, but necessary.
+
+I have, in addition, to invite the attention of Congress to a change of
+policy in the distribution of troops and to the necessity of providing
+a more rapid increase of the military armament. For details of these
+and other subjects relating to the Army I refer to the report of the
+Secretary of War.
+
+The condition of the Navy is not merely satisfactory, but exhibits the
+most gratifying evidences of increased vigor. As it is comparatively
+small, it is more important that it should be as complete as possible
+in all the elements of strength; that it should be efficient in the
+character of its officers, in the zeal and discipline of its men, in the
+reliability of its ordnance, and in the capacity of its ships. In all
+these various qualities the Navy has made great progress within the last
+few years. The execution of the law of Congress of February 28, 1855,
+"to promote the efficiency of the Navy," has been attended by the most
+advantageous results. The law for promoting discipline among the men
+is found convenient and salutary. The system of granting an honorable
+discharge to faithful seamen on the expiration of the period of their
+enlistment and permitting them to reenlist after a leave of absence
+of a few months without cessation of pay is highly beneficial in its
+influence. The apprentice system recently adopted is evidently destined
+to incorporate into the service a large number of our countrymen,
+hitherto so difficult to procure. Several hundred American boys are
+now on a three years' cruise in our national vessels and will return
+well-trained seamen. In the Ordnance Department there is a decided and
+gratifying indication of progress, creditable to it and to the country.
+The suggestions of the Secretary of the Navy in regard to further
+improvement in that branch of the service I commend to your favorable
+action.
+
+The new frigates ordered by Congress are now afloat and two of them in
+active service. They are superior models of naval architecture, and with
+their formidable battery add largely to public strength and security.
+I concur in the views expressed by the Secretary of the Department in
+favor of a still further increase of our naval force.
+
+The report of the Secretary of the Interior presents facts and views
+in relation to internal affairs over which the supervision of his
+Department extends of much interest and importance.
+
+The aggregate sales of the public lands during the last fiscal year
+amount to 9,227,878 acres, for which has been received the sum of
+$8,821,414. During the same period there have been located with military
+scrip and land warrants and for other purposes 30,100,230 acres, thus
+making a total aggregate of 39,328,108 acres. On the 30th of September
+last surveys had been made of 16,873,699 acres, a large proportion of
+which is ready for market.
+
+The suggestions in this report in regard to the complication and
+progressive expansion of the business of the different bureaus of the
+Department, to the pension system, to the colonization of Indian tribes,
+and the recommendations in relation to various improvements in the
+District of Columbia are especially commended to your consideration.
+
+The report of the Postmaster-General presents fully the condition of
+that Department of the Government. Its expenditures for the last fiscal
+year were $10,407,868 and its gross receipts $7,620,801, making an
+excess of expenditure over receipts of $2,787,046. The deficiency
+of this Department is thus $744,000 greater than for the year ending
+June 30, 1853. Of this deficiency $330,000 is to be attributed to the
+additional compensation allowed to postmasters by the act of Congress
+of June 22, 1854. The mail facilities in every part of the country have
+been very much increased in that period, and the large addition of
+railroad service, amounting to 7,908 miles, has added largely to the
+cost of transportation.
+
+The inconsiderable augmentation of the income of the Post-Office
+Department under the reduced rates of postage and its increasing
+expenditures must for the present make it dependent to some extent
+upon the Treasury for support. The recommendations of the
+Postmaster-General in relation to the abolition of the franking
+privilege and his views on the establishment of mail steamship lines
+deserve the consideration of Congress. I also call the special attention
+of Congress to the statement of the Postmaster-General respecting the
+sums now paid for the transportation of mails to the Panama Railroad
+Company, and commend to their early and favorable consideration the
+suggestions of that officer in relation to new contracts for mail
+transportation upon that route, and also upon the Tehuantepec and
+Nicaragua routes.
+
+The United States continue in the enjoyment of amicable relations with
+all foreign powers.
+
+When my last annual message was transmitted to Congress two subjects of
+controversy, one relating to the enlistment of soldiers in this country
+for foreign service and the other to Central America, threatened to
+disturb the good understanding between the United States and Great
+Britain. Of the progress and termination of the former question you were
+informed at the time, and the other is now in the way of satisfactory
+adjustment.
+
+The object of the convention between the United States and Great Britain
+of the 19th of April, 1850, was to secure for the benefit of all nations
+the neutrality and the common use of any transit way or interoceanic
+communication across the Isthmus of Panama which might be opened within
+the limits of Central America. The pretensions subsequently asserted by
+Great Britain to dominion or control over territories in or near two of
+the routes, those of Nicaragua and Honduras, were deemed by the United
+States not merely incompatible with the main object of the treaty, but
+opposed even to its express stipulations. Occasion of controversy on
+this point has been removed by an additional treaty, which our minister
+at London has concluded, and which will be immediately submitted to
+the Senate for its consideration. Should the proposed supplemental
+arrangement be concurred in by all the parties to be affected by it,
+the objects contemplated by the original convention will have been
+fully attained.
+
+The treaty between the United States and Great Britain of the 5th of
+June, 1854, which went into effective operation in 1855, put an end to
+causes of irritation between the two countries, by securing to the
+United States the right of fishery on the coast of the British North
+American Provinces, with advantages equal to those enjoyed by British
+subjects. Besides the signal benefits of this treaty to a large class of
+our citizens engaged in a pursuit connected to no inconsiderable degree
+with our national prosperity and strength, it has had a favorable effect
+upon other interests in the provision it made for reciprocal freedom of
+trade between the United States and the British Provinces in America.
+
+The exports of domestic articles to those Provinces during the last year
+amounted to more than $22,000,000, exceeding those of the preceding year
+by nearly $7,000,000; and the imports therefrom during the same period
+amounted to more than twenty-one million, an increase of six million
+upon those of the previous year.
+
+The improved condition of this branch of our commerce is mainly
+attributable to the above-mentioned treaty.
+
+Provision was made in the first article of that treaty for a commission
+to designate the mouths of rivers to which the common right of fishery
+on the coast of the United States and the British Provinces was not to
+extend. This commission has been employed a part of two seasons, but
+without much progress in accomplishing the object for which it was
+instituted, in consequence of a serious difference of opinion between
+the commissioners, not only as to the precise point where the rivers
+terminate, but in many instances as to what constitutes a river. These
+difficulties, however, may be overcome by resort to the umpirage
+provided for by the treaty.
+
+The efforts perseveringly prosecuted since the commencement of my
+Administration to relieve our trade to the Baltic from the exaction of
+Sound dues by Denmark have not yet been attended with success. Other
+governments have also sought to obtain a like relief to their commerce,
+and Denmark was thus induced to propose an arrangement to all the
+European powers interested in the subject, and the manner in which her
+proposition was received warranting her to believe that a satisfactory
+arrangement with them could soon be concluded, she made a strong appeal
+to this Government for temporary suspension of definite action on its
+part, in consideration of the embarrassment which might result to her
+European negotiations by an immediate adjustment of the question with
+the United States. This request has been acceded to upon the condition
+that the sums collected after the 16th of June last and until the 16th
+of June next from vessels and cargoes belonging to our merchants are to
+be considered as paid under protest and subject to future adjustment.
+There is reason to believe that an arrangement between Denmark and the
+maritime powers of Europe on the subject will be soon concluded, and
+that the pending negotiation with the United States may then be resumed
+and terminated in a satisfactory manner.
+
+With Spain no new difficulties have arisen, nor has much progress been
+made in the adjustment of pending ones.
+
+Negotiations entered into for the purpose of relieving our commercial
+intercourse with the island of Cuba of some of its burdens and providing
+for the more speedy settlement of local disputes growing out of that
+intercourse have not yet been attended with any results.
+
+Soon after the commencement of the late war in Europe this Government
+submitted to the consideration of all maritime nations two principles
+for the security of neutral commerce--one that the neutral flag should
+cover enemies' goods, except articles contraband of war, and the other
+that neutral property on board merchant vessels of belligerents should
+be exempt from condemnation, with the exception of contraband articles.
+These were not presented as new rules of international law, having
+been generally claimed by neutrals, though not always admitted by
+belligerents. One of the parties to the war (Russia), as well as several
+neutral powers, promptly acceded to these propositions, and the two
+other principal belligerents (Great Britain and France) having consented
+to observe them for the present occasion, a favorable opportunity seemed
+to be presented for obtaining a general recognition of them, both in
+Europe and America.
+
+But Great Britain and France, in common with most of the States of
+Europe, while forbearing to reject, did not affirmatively act upon the
+overtures of the United States.
+
+While the question was in this position the representatives of Russia,
+France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled
+at Paris, took into consideration the subject of maritime rights,
+and put forth a declaration containing the two principles which this
+Government had submitted nearly two years before to the consideration
+of maritime powers, and adding thereto the following propositions:
+"Privateering is and remains abolished," and "Blockades in order to
+be binding must be effective; that is to say, maintained by a force
+sufficient really to prevent access to the coast of the enemy;" and to
+the declaration thus composed of four points, two of which had already
+been proposed by the United States, this Government has been invited to
+accede by all the powers represented at Paris except Great Britain and
+Turkey. To the last of the two additional propositions--that in relation
+to blockades--there can certainly be no objection. It is merely the
+definition of what shall constitute the effectual investment of a
+blockaded place, a definition for which this Government has always
+contended, claiming indemnity for losses where a practical violation
+of the rule thus defined has been injurious to our commerce. As to the
+remaining, article of the declaration of the conference of Paris, that
+"privateering is and remains abolished," I certainly can not ascribe to
+the powers represented in the conference of Paris any but liberal and
+philanthropic views in the attempt to change the unquestionable rule of
+maritime law in regard to privateering. Their proposition was doubtless
+intended to imply approval of the principle that private property upon
+the ocean, although it might belong to the citizens of a belligerent
+state, should be exempted from capture; and had that proposition been so
+framed as to give full effect to the principle, it would have received
+my ready assent on behalf of the United States. But the measure proposed
+is inadequate to that purpose. It is true that if adopted private
+property upon the ocean would be withdrawn from one mode of plunder,
+but left exposed meanwhile to another mode, which could be used with
+increased effectiveness. The aggressive capacity of great naval powers
+would be thereby augmented, while the defensive ability of others would
+be reduced. Though the surrender of the means of prosecuting hostilities
+by employing privateers, as proposed by the conference of Paris, is
+mutual in terms, yet in practical effect it would be the relinquishment
+of a right of little value to one class of states, but of essential
+importance to another and a far larger class. It ought not to have been
+anticipated that a measure so inadequate to the accomplishment of the
+proposed object and so unequal in its operation would receive the assent
+of all maritime powers. Private property would be still left to the
+depredations of the public armed cruisers.
+
+I have expressed a readiness on the part of this Government to accede
+to all the principles contained in the declaration of the conference of
+Paris provided that the one relating to the abandonment of privateering
+can be so amended as to effect the object for which, as is presumed, it
+was intended--the immunity of private property on the ocean from hostile
+capture. To effect this object, it is proposed to add to the declaration
+that "privateering is and remains abolished" the following amendment:
+
+
+ And that the private property of subjects and citizens of a belligerent
+ on the high seas shall be exempt from seizure by the public armed
+ vessels of the other belligerent, except it be contraband.
+
+
+This amendment has been presented not only to the powers which have
+asked our assent to the declaration to abolish privateering, but to all
+other maritime states. Thus far it has not been rejected by any, and is
+favorably entertained by all which have made any communication in reply.
+
+Several of the governments regarding with favor the proposition of
+the United States have delayed definitive action upon it only for the
+purpose of consulting with others, parties to the conference of Paris.
+I have the satisfaction of stating, however, that the Emperor of Russia
+has entirely and explicitly approved of that modification and will
+cooperate in endeavoring to obtain the assent of other powers, and that
+assurances of a similar purport have been received in relation to the
+disposition of the Emperor of the French.
+
+The present aspect of this important subject allows us to cherish the
+hope that a principle so humane in its character, so just and equal in
+its operation, so essential to the prosperity of commercial nations, and
+so consonant to the sentiments of this enlightened period of the world
+will command the approbation of all maritime powers, and thus be
+incorporated into the code of international law.
+
+My views on the subject are more fully set forth in the reply of the
+Secretary of State, a copy of which is herewith transmitted, to the
+communications on the subject made to this Government, especially to
+the communication of France.
+
+The Government of the United States has at all times regarded with
+friendly interest the other States of America, formerly, like this
+country, European colonies, and now independent members of the great
+family of nations. But the unsettled condition of some of them,
+distracted by frequent revolutions, and thus incapable of regular and
+firm internal administration, has tended to embarrass occasionally our
+public intercourse by reason of wrongs which our citizens suffer at
+their hands, and which they are slow to redress.
+
+Unfortunately, it is against the Republic of Mexico, with which it
+is our special desire to maintain a good understanding, that such
+complaints are most numerous; and although earnestly urged upon its
+attention, they have not as yet received the consideration which this
+Government had a right to expect. While reparation for past injuries has
+been withheld, others have been added. The political condition of that
+country, however, has been such as to demand forbearance on the part of
+the United States. I shall continue my efforts to procure for the wrongs
+of our citizens that redress which is indispensable to the continued
+friendly association of the two Republics.
+
+The peculiar condition of affairs in Nicaragua in the early part of the
+present year rendered it important that this Government should have
+diplomatic relations with that State. Through its territory had been
+opened one of the principal thoroughfares across the isthmus connecting
+North and South America, on which a vast amount of property was
+transported and to which our citizens resorted in great numbers in
+passing between the Atlantic and Pacific coasts of the United States.
+The protection of both required that the existing power in that State
+should be regarded as a responsible Government, and its minister was
+accordingly received. But he remained here only a short time. Soon
+thereafter the political affairs of Nicaragua underwent unfavorable
+change and became involved in much uncertainty and confusion. Diplomatic
+representatives from two contending parties have been recently sent to
+this Government, but with the imperfect information possessed it was not
+possible to decide which was the Government _de facto_, and, awaiting
+further developments, I have refused to receive either.
+
+Questions of the most serious nature are pending between the United
+States and the Republic of New Granada. The Government of that Republic
+undertook a year since to impose tonnage duties on foreign vessels in
+her ports, but the purpose was resisted by this Government as being
+contrary to existing treaty stipulations with the United States and
+to rights conferred by charter upon the Panama Railroad Company, and
+was accordingly relinquished at that time, it being admitted that our
+vessels were entitled to be exempt from tonnage duty in the free ports
+of Panama and Aspinwall. But the purpose has been recently revived on
+the part of New Granada by the enactment of a law to subject vessels
+visiting her ports to the tonnage duty of 40 cents per ton, and although
+the law has not been put in force, yet the right to enforce it is still
+asserted and may at any time be acted on by the Government of that
+Republic.
+
+The Congress of New Granada has also enacted a law during the last
+year which levies a tax of more than $3 on every pound of mail matter
+transported across the Isthmus. The sum thus required to be paid on
+the mails of the United States would be nearly $2,000,000 annually in
+addition to the large sum payable by contract to the Panama Railroad
+Company. If the only objection to this exaction were the exorbitancy
+of its amount, it could not be submitted to by the United States.
+
+The imposition of it, however, would obviously contravene our treaty
+with New Granada and infringe the contract of that Republic with the
+Panama Railroad Company. The law providing for this tax was by its terms
+to take effect on the ist of September last, but the local authorities
+on the Isthmus have been induced to suspend its execution and to await
+further instructions on the subject from the Government of the Republic.
+I am not yet advised of the determination of that Government. If a
+measure so extraordinary in its character and so clearly contrary to
+treaty stipulations and the contract rights of the Panama Railroad
+Company, composed mostly of American citizens, should be persisted
+in, it will be the duty of the United States to resist its execution.
+
+I regret exceedingly that occasion exists to invite your attention to
+a subject of still graver import in our relations with the Republic of
+New Granada. On the 15th day of April last a riotous assemblage of the
+inhabitants of Panama committed a violent and outrageous attack on the
+premises of the railroad company and the passengers and other persons
+in or near the same, involving the death of several citizens of the
+United States, the pillage of many others, and the destruction of a
+large amount of property belonging to the railroad company. I caused
+full investigation of that event to be made, and the result shows
+satisfactorily that complete responsibility for what occurred attaches
+to the Government of New Granada. I have therefore demanded of that
+Government that the perpetrators of the wrongs in question should be
+punished; that provision should be made for the families of citizens of
+the United States who were killed, with full indemnity for the property
+pillaged or destroyed.
+
+The present condition of the Isthmus of Panama, in so far as regards
+the security of persons and property passing over it, requires serious
+consideration. Recent incidents tend to show that the local authorities
+can not be relied on to maintain the public peace of Panama, and there
+is just ground for apprehension that a portion of the inhabitants are
+meditating further outrages, without adequate measures for the security
+and protection of persons or property having been taken, either by the
+State of Panama or by the General Government of New Granada.
+
+Under the guaranties of treaty, citizens of the United States have, by
+the outlay of several million dollars, constructed a railroad across
+the Isthmus, and it has become the main route between our Atlantic
+and Pacific possessions, over which multitudes of our citizens and a
+vast amount of property are constantly passing; to the security and
+protection of all which and the continuance of the public advantages
+involved it is impossible for the Government of the United States to
+be indifferent.
+
+I have deemed the danger of the recurrence of scenes of lawless violence
+in this quarter so imminent as to make it my duty to station a part of
+our naval force in the harbors of Panama and Aspinwall, in order to
+protect the persons and property of the citizens of the United States
+in those ports and to insure to them safe passage across the Isthmus.
+And it would, in my judgment, be unwise to withdraw the naval force now
+in those ports until, by the spontaneous action of the Republic of New
+Granada or otherwise, some adequate arrangement shall have been made for
+the protection and security of a line of interoceanic communication, so
+important at this time not to the United States only, but to all other
+maritime states, both of Europe and America.
+
+Meanwhile negotiations have been instituted, by means of a special
+commission, to obtain from New Granada full indemnity for injuries
+sustained by our citizens on the Isthmus and satisfactory security
+for the general interests of the United States.
+
+In addressing to you my last annual message the occasion seems to me
+an appropriate one to express my congratulations, in view of the peace,
+greatness, and felicity which the United States now possess and enjoy.
+To point you to the state of the various Departments of the Government
+and of all the great branches of the public service, civil and military,
+in order to speak of the intelligence and the integrity which pervades
+the whole, would be to indicate but imperfectly the administrative
+condition of the country and the beneficial effects of that on the
+general welfare. Nor would it suffice to say that the nation is actually
+at peace at home and abroad; that its industrial interests are
+prosperous; that the canvas of its mariners whitens every sea, and the
+plow of its husbandmen is marching steadily onward to the bloodless
+conquest of the continent; that cities and populous States are springing
+up, as if by enchantment, from the bosom of our Western wilds, and that
+the courageous energy of our people is making of these United States
+the great Republic of the world. These results have not been attained
+without passing through trials and perils, by experience of which,
+and thus only, nations can harden into manhood. Our forefathers were
+trained to the wisdom which conceived and the courage which achieved
+independence by the circumstances which surrounded them, and they were
+thus made capable of the creation of the Republic. It devolved on the
+next generation to consolidate the work of the Revolution, to deliver
+the country entirely from the influences of conflicting transatlantic
+partialities or antipathies which attached to our colonial and
+Revolutionary history, and to organize the practical operation of
+the constitutional and legal institutions of the Union. To us of
+this generation remains the not less noble task of maintaining and
+extending the national power. We have at length reached that stage
+of our country's career in which the dangers to be encountered and
+the exertions to be made are the incidents, not of weakness, but of
+strength. In foreign relations we have to attemper our power to the less
+happy condition of other Republics in America and to place ourselves in
+the calmness and conscious dignity of right by the side of the greatest
+and wealthiest of the Empires of Europe. In domestic relations we have
+to guard against the shock of the discontents, the ambitions, the
+interests, and the exuberant, and therefore sometimes irregular,
+impulses of opinion or of action which are the natural product of the
+present political elevation, the self-reliance, and the restless spirit
+of enterprise of the people of the United States.
+
+I shall prepare to surrender the Executive trust to my successor and
+retire to private life with sentiments of profound gratitude to the good
+Providence which during the period of my Administration has vouchsafed
+to carry the country through many difficulties, domestic and foreign,
+and which enables me to contemplate the spectacle of amicable and
+respectful relations between ours and all other governments and the
+establishment of constitutional order and tranquillity throughout the
+Union.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 2, 1856_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[63] from the Secretary of State, in
+compliance with the resolution of the House of Representatives of the
+7th of August last.
+
+FRANKLIN PIERCE.
+
+[Footnote 63: Stating that the correspondence in the Departments of State
+and of the Navy relative to Hamet Caramally had been transmitted to
+Congress.]
+
+
+
+WASHINGTON, _December 8, 1856_.
+
+_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 Siam, concluded
+at Bangkok on the 29th day of May last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 10, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty for the settlement of the questions which have
+come into discussion between the United States and Great Britain
+relative to Central America, concluded and signed at London on the
+17th day of October last between the United States and Great Britain.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of the 20th of May last from the
+commissioner of the United States in China, and of the decree and
+regulations[64] which accompanied it, for such revision thereof as
+Congress may deem expedient, pursuant to the sixth section of the
+act approved 11th August, 1848.
+
+FRANKLIN PIERCE.
+
+[Footnote 64: For judicial jurisdiction by acting consuls or vice-consuls
+of the United States in China.]
+
+
+
+WASHINGTON, _December 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress an extract from a letter of the 22d ultimo from
+the governor of the Territory of Kansas to the Secretary of State, with
+a copy of the executive minutes[65] to which it refers. These documents
+have been received since the date of my message at the opening of the
+present session.
+
+FRANKLIN PIERCE.
+
+[Footnote 65: Containing a history of Kansas affairs.]
+
+
+
+WASHINGTON, _December 29, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with, a resolution of the Senate of the 23d instant,
+requesting the President "to communicate to the Senate, if not
+incompatible with the public interest, such information as he may have
+concerning the present condition and prospects of a proposed plan for
+connecting by submarine wires the magnetic telegraph lines on this
+continent and Europe," I transmit the accompanying report from the
+Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 6, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[66] in answer to the resolution of the Senate of the 2d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 66: Relating to the refusal of the minister to the United
+States from the Netherlands to testify before the criminal court of
+the District of Columbia.]
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 4th August, 1856,
+and 9th January instant, I transmit herewith a report from the Secretary
+of State, together with the documents[67] therein referred to.
+
+FRANKLIN PIERCE.
+
+[Footnote 67: Relating to the claims of certain American citizens for
+losses consequent upon their expulsion by Venezuelan authorities from
+one of the Aves Islands, while collecting guano.]
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+_To the Senate of the United States_:
+
+I again transmit to the Senate, for its advice and consent with a
+view to ratification, the convention between the United States and
+His Majesty the King of the Netherlands, for the mutual delivery
+of criminals fugitives from justice in certain cases, and for
+other purposes, which was concluded at The Hague on the 29th day
+of May, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[68] in answer to the resolution of the Senate of the 7th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 68: Correspondence and documents connected with the treaty
+concluded at London between the United States and Great Britain
+October 17, 1856, relative to Central America.]
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+In compliance with the resolution of the House of Representatives of the
+22d ultimo, in relation to information with regard to expenditures and
+liabilities for persons called into the service of the United States
+in the Territory of Kansas, I transmit the accompanying report of the
+Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 13, 1857_.
+
+_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 Republic
+of Peru relative to the rights of neutrals at sea, signed at Lima by
+the plenipotentiaries of the parties on the 22d of July last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 16, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded at Fort Leavenworth, Kansas
+Territory, on the 16th day of December, 1856, between Indian Agent
+Benjamin F. Robinson, commissioner on the part of the United States,
+the principal men of the Christian Indians, and Gottleib F. Oehler, on
+behalf of the board of elders of the northern diocese of the Church of
+the United Brethren in the United States of America.
+
+Among the papers which accompany the treaty is a communication from the
+Commissioner of Indian Affairs, containing a recommendation, concurred
+in by the Secretary of the Interior, that the treaty be ratified with
+an amendment which is therein explained.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 19, 1857_.
+
+_To the Senate and House of Representatives_:
+
+Soon after the close of the last session of Congress I directed steps to
+be taken to carry into effect the joint resolution of August 28, 1856
+relative to the restoration of the ship _Resolute_ to Her Britannic
+Majesty's service. The ship was purchased of the salvors at the sum
+appropriated for the purchase, and "after being fully repaired and
+equipped" was sent to England under control of the Secretary of the
+Navy, The letter from Her Majesty's minister for foreign affairs, now
+communicated to Congress in conformity with his request, and copies of
+correspondence from the files of the Departments of State and of the
+Navy, also transmitted herewith, will apprise you of the manner in which
+the joint resolution has been fully executed and show how agreeable the
+proceeding has been to Her Majesty's Government.
+
+FRANKLIN PIERCE.
+
+
+WASHINGTON, _January, 1857_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress copies of a communication from His Excellency
+Andrew Johnson, governor of the State of Tennessee, tendering to the
+Government of the United States "500 acres of the late residence of
+Andrew Jackson, deceased, including the mansion, tomb, and other
+improvements, known as the Hermitage," upon the terms and conditions
+of an act of the legislature of said State, a copy of which is also
+herewith communicated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 20, 1857_.
+
+_To the House of Representatives_:
+
+In response to a resolution of January 5, 1857, requesting the President
+to inform the House of Representatives "by what authority a Government
+architect is employed and paid for designing and erecting all public
+buildings, and also for placing said buildings under the supervision
+of military engineers," I submit the accompanying reports from the
+Secretary of the Treasury and the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 21, 1857_.
+
+_To the House of Representatives_:
+
+In further compliance with resolution of the House of Representatives of
+the 22d ultimo, calling upon me for "statements of the amounts of money
+paid and liabilities incurred for the pay, support, and other expenses
+of persons called into the service of the United States in the Territory
+of Kansas, either under the designation of the militia of Kansas or of
+posses summoned by the civil officers in that Territory, since the date
+of its establishment; also statements of the amounts paid to marshals,
+sheriffs, and other deputies, and to witnesses and for other expenses in
+the arrest, detention, and trial of persons charged in said Territory
+with treason against the United States or with violations of the alleged
+laws of said Territory," I transmit a report from the Secretary of the
+Treasury, with accompanying documents.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 28, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded at Grand Portage, in the Territory
+of Minnesota, on the 16th day of September, 1856, between Henry C.
+Gilbert, Indian agent, acting as commissioner on the part of the United
+States, and the Bois Porte bands of Chippewa Indians, by their chiefs
+and headmen.
+
+The treaty is accompanied by communications from the Secretary of the
+Interior, transmitting a letter to him from the Commissioner of Indian
+Affairs and a report from Agent Gilbert of the 24th December, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 30, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate passed December 23, 1856,
+requesting "any information upon the files of the Department in relation
+to pay and emoluments of Lieutenant-General Scott or his staff under the
+resolution of February 15, 1855, which may not have been communicated in
+Executive Document No. 56, first session Thirty-fourth Congress," and a
+resolution passed December 30, requesting "a statement of all payments
+and allowances which have been made, and of all claims which have been
+disallowed, to Brevet Lieutenant-General Scott from the date when he
+joined the army serving in Mexico up to December 1, 1856," and "also
+copies of all correspondence on file in the Executive Departments
+relating to said claims, payments, or allowances," I herewith transmit
+a report of the Secretary of War, to whom the resolutions were referred
+in order that the information, statements, and copies of correspondence
+therein required might be prepared and furnished.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 4, 1857_.
+
+_To the Senate of the United States_:
+
+In answer to the resolutions of the Senate of yesterday, adopted in
+executive session, I transmit reports[69] from the Secretary of State,
+to whom they were referred.
+
+FRANKLIN PIERCE.
+
+[Footnote 69: Relating to the convention between Great Britain and
+Honduras respecting the island of Ruatan.]
+
+
+
+WASHINGTON, _February 4, 1857_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with
+accompanying documents,[70] in answer to the resolution of the
+House of December 26, 1854.
+
+FRANKLIN PIERCE.
+
+[Footnote 70: Consular returns on shipping, shipbuilding, etc., in
+foreign countries.]
+
+
+
+WASHINGTON, _February 9, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[71] in answer to the resolution of the Senate of the 30th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 71: Relating to the proclamation of martial law in Washington
+Territory, etc.]
+
+
+
+WASHINGTON, _February 11, 1857_.
+
+_To the Senate of the United States_:
+
+In further compliance with a resolution of the Senate of the 5th
+instant, requesting me to communicate transcripts of papers relative
+to the proclamation of martial law by Governor Stevens, of Washington
+Territory, I transmit the accompanying report from the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 11, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty of friendship and commerce between the United
+States and the Shah of Persia, signed by the plenipotentiaries of the
+parties at Constantinople on the 13th of December last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 11, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, articles of agreement and convention made and concluded at the
+places and dates therein named by Joel Palmer, superintendent of Indian
+affairs, on the part of the United States, and the chiefs and headmen
+of the confederate tribes and bands of Indians residing along the coast
+west of the summit of the Coast Range of mountains and between the
+Columbia River on the north and the southern boundary of Oregon on the
+south. A letter from the Secretary of the Interior, including one from
+the Commissioner of Indian Affairs, accompanies the treaty.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1857_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+19th ultimo, requesting me "to furnish to the House all correspondence
+and documents, not incompatible with the public interest, relating to
+Indian affairs in the Department of the Pacific, those of the Interior
+as well as those of the War Department," I transmit the accompanying
+report and documents from the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February, 1857_.
+
+_To the House of Representatives of the United States_:
+
+I communicate herewith a letter of the Secretary of War, recommending
+an appropriation of $10,000 for the purpose of instituting a series of
+researches for the discovery of a more efficient mode of manufacturing
+niter.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 16, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 4th of August
+last, calling for information in relation to certain internal
+improvements, I transmit reports[72] from the Secretary of the Treasury
+and the Secretary of War.
+
+FRANKLIN PIERCE.
+
+[Footnote 72: Appropriations made by Congress within eleven years for
+light-houses, beacons, buoys, etc, on Lakes Superior, Michigan, Huron,
+St. Clair, Erie, Ontario, and Champlain; duties collected and expenses
+of collection at each of the lake ports annually for eleven fiscal
+years, ending June 30, 1856; tonnage of the lake ports, etc.]
+
+
+
+WASHINGTON, _February 19, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit for the consideration of the Senate with a view to
+ratification a consular convention between the United States and the
+Republic of Chili, signed by the plenipotentiaries of the parties at
+the city of Santiago on the 1st day of December last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 23, 1857_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[73] in answer to the resolution of the House of Representatives
+of the 6th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 73: Relating to the claim of F. Dainese for salary, expenses,
+etc., while acting consul at Constantinople.]
+
+
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Attorney-General, in reply to
+the resolution[74] of the Senate in executive session of the 19th instant.
+
+FRANKLIN PIERCE.
+
+FEBRUARY 23, 1857.
+
+[Footnote 74: Asking whether Samuel D. Lecompte has been allowed to
+perform the functions of chief justice of the Territory of Kansas
+since the nomination of J.O. Harrison to that office.]
+
+
+
+_To the Senate of the United States_:
+
+I communicate herewith a report from the Attorney-General, in reply
+to the resolution of the Senate of the 20th instant, asking for
+correspondence of Samuel D. Lecompte, chief justice of the Territory
+of Kansas.[75]
+
+FRANKLIN PIERCE.
+
+FEBRUARY 23, 1857.
+
+[Footnote 75: Explanatory of his judicial conduct in the Territory of
+Kansas.]
+
+
+
+WASHINGTON, _March 2, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a letter[76] from the Secretary of the Navy,
+in response to a resolution of the Senate of August 15, 1856.
+
+Concurring in the views presented in the documents to which the
+Secretary of the Navy refers, I am not prepared at this time to
+recommend any legislation on the subject.
+
+FRANKLIN PIERCE.
+
+[Footnote 76: Relating to the discontinuance or change of location of
+any navy-yard or naval station on the Atlantic Seaboard.]
+
+
+
+WASHINGTON, _March 2, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 20th ultimo, in
+relation to correspondence between the Treasury and Interior Departments
+and Edward F. Beale, late superintendent of Indian affairs in California,
+and accounts of remittances, etc., I transmit the accompanying
+report from the Secretary of the Treasury.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 3, 1857_.
+
+_To the House of Representatives_:
+
+As a further answer to resolutions of the House of Representatives
+adopted on the 6th and 10th of February, I transmit a second report
+from the Secretary of State, relating to the "accounts," "claims," and
+"difficulties" at Constantinople, referred to in said resolutions.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas objects of interest to the United States require that the Senate
+should be convened at 12 o'clock on the 4th of March next to receive and
+act upon such communications as may be made to it on the part of the
+Executive:
+
+Now, therefore, I, Franklin Pierce, President of the United States, have
+considered it to be my duty to issue this my proclamation, 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 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 16th day of February, A.D. 1857, and of the Independence of the
+United States the eighty-first.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+
+End of the Project Gutenberg EBook of A Compilation of the Messages and
+Papers of the Presidents, by James D. Richardson
+
+*** END OF THIS PROJECT GUTENBERG EBOOK FRANKLIN PIERCE ***
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+ The Project Gutenberg eBook of A Compilation of the Messages
+ and Papers Of The Presidents, by James D. Richardson.
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+
+<pre>
+
+The Project Gutenberg EBook of A Compilation of the Messages and Papers of
+the Presidents, 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
+ Section 3 (of 4) of Volume 5: Franklin Pierce
+
+Author: James D. Richardson
+
+Release Date: February 17, 2004 [EBook #11125]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK FRANKLIN PIERCE ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+
+</pre>
+
+
+ <h1>
+ A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+ </h1>
+ <center>
+ <b>BY JAMES D. RICHARDSON</b>
+ </center>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ Franklin Pierce
+ </h2>
+ <h3>
+ March 4, 1853, to March 4, 1857
+ </h3>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ Franklin Pierce
+ </h2>
+ <p>
+ Franklin Pierce was born in Hillsboro, N.H., November 23,
+ 1804. Was the fourth son of Benjamin and Anna Pierce. His
+ father was a citizen of Massachusetts; was a soldier in the
+ War of the Revolution, attaining the rank of captain and
+ brevet major. After peace was declared he removed from
+ Massachusetts to New Hampshire and located near what is now
+ Hillsboro. His first wife was Elizabeth Andrews, who died at
+ an early age. His second wife, the mother of Franklin Pierce,
+ was Anna Kendrick, of Amherst, N.H. He was sheriff of his
+ county, a member of the State legislature and of the
+ governor's council, and was twice chosen governor of his
+ State (as a Democrat), first in 1827 and again in 1829, For
+ many years he was declared to be "the most influential man in
+ New Hampshire," He died in 1839. Franklin was given an
+ academic education in well-known institutions at Hancock,
+ Francestown, and Exeter, and in 1820 was sent to Bowdoin
+ College, His college mates there were John P. Hale, his
+ future political rival; Professor Calvin E. Stowe; Sergeant
+ S. Prentiss, the distinguished orator; Henry W. Longfellow,
+ and Nathaniel Hawthorne, his future biographer and lifelong
+ friend. He graduated in 1824, being third in his class. After
+ taking his degree he began the study of law at Portsmouth in
+ the office of Levi Woodbury, where he remained about a year.
+ Afterwards spent two years in the law school at Northampton,
+ Mass., and in the office of Judge Edmund Parker, at Amherst,
+ N.H. In 1827 was admitted to the bar and began practice in
+ his native town. Espoused the cause of Andrew Jackson with
+ ardor, and in 1829 was elected to represent his native town
+ in the legislature, where by three subsequent elections he
+ served four years, the last two as speaker. In 1833 was
+ elected to represent his native district in the lower House
+ of Congress, where he remained four years; served on the
+ Judiciary and other important committees. His first important
+ speech in the House was delivered in 1834 upon the necessity
+ of economy and of watchfulness against frauds in the payment
+ of Revolutionary claims. In 1834 married Miss Jane Means
+ Appleton, daughter of Rev. Jesse Appleton, president of
+ Bowdoin College. In 1837 was elected to the United States
+ Senate. On account of ill health of his wife, deeming it best
+ for her to return to New Hampshire, on June 28, 1842,
+ resigned his seat, and returning to his home resumed the
+ practice of the law. In 1838 he changed his residence from
+ Hillsboro to Concord. In 1845 declined an appointment to the
+ United States Senate to fill a vacancy. Also declined the
+ nomination for governor, tendered by the Democratic State
+ convention, and in 1845 an appointment to the office of
+ Attorney-General of the United States, tendered by President
+ Polk. In 1846, when the war with Mexico began, he enlisted as
+ a private in a volunteer company organized at Concord; was
+ soon afterwards commissioned colonel of the Ninth Regiment of
+ Infantry; March 3, 1847, was commissioned brigadier-general
+ in the Volunteer Army, and on March 27 embarked for Mexico,
+ arriving at Vera Cruz June 28. August 6, 1847, joined General
+ Scott with his brigade at Puebla, and soon set out for the
+ capture of the City of Mexico. Took part in the battle of
+ Contreras September 19, 1847, in which engagement he was
+ severely injured by being thrown from his horse. The next
+ day, not having recovered, he undertook to accompany his
+ brigade in action against the enemy, when he fainted. He
+ persisted in remaining on duty in the subsequent operations
+ of the Army. His conduct and services were spoken of in high
+ terms by his superior officers, Generals Scott, Worth, and
+ Pillow. Before the battle of Molino del Rey was appointed one
+ of the American commissioners in the effort for peace, a
+ truce being declared for that purpose. The effort failed and
+ the fighting was renewed. Participated in the battle of
+ Molino del Rey and continued on duty till peace was declared.
+ Resigned his commission in March, 1848, and returned to his
+ home. The same month the legislature of his State voted him a
+ sword of honor in appreciation of his services in the war.
+ Resumed his law practice and was highly successful. In 1850
+ he was a member of the constitutional convention which met at
+ Concord to amend the constitution of New Hampshire, and was
+ chosen to preside over its deliberations; he favored the
+ removal of the religious-test clause in he old constitution,
+ by which Roman Catholics were disqualified from holding
+ office in the State, and also the abolition of any "property
+ qualification;" he carried these amendments through the
+ convention, but the people defeated them at the election. In
+ January, 1852, the Democratic State convention of New
+ Hampshire declared for him for President, but in a letter
+ January 12 he positively refused to permit the delegation to
+ present his name. The national convention of the party met at
+ Baltimore June 1, 1852. On the fourth day he was nominated
+ for President, and was elected in November, receiving 254
+ electoral votes, while his opponent, General Scott, received
+ only 42. He was inaugurated March 4, 1853. In 1856 he was voted for
+ by his friends in the national Democratic convention for
+ renomination, but was unsuccessful. Upon the expiration of
+ his term as President he retired to his home at Concord,
+ where he resided the remainder of his life. Died October 8,
+ 1869, and was buried at Concord.
+ </p><a name="2H_4_02"><!-- H2 anchor --></a>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ INAUGURAL ADDRESS.
+ </h2>
+ <p>
+ My Countrymen: It is a relief to feel that no heart but my
+ own can know the personal regret and bitter sorrow over which
+ I have been borne to a position so suitable for others rather
+ than desirable for myself.
+ </p>
+ <p>
+ The circumstances under which I have been called for a
+ limited period to preside over the destinies of the Republic
+ fill me with a profound sense of responsibility, but with
+ nothing like shrinking apprehension. I repair to the post
+ assigned me not as to one sought, but in obedience to the
+ unsolicited expression of your will, answerable only for a
+ fearless, faithful, and diligent exercise of my best powers.
+ I ought to be, and am, truly grateful for the rare
+ manifestation of the nation's confidence; but this, so far
+ from lightening my obligations, only adds to their weight.
+ You have summoned me in my weakness; you must sustain me by
+ your strength. When looking for the fulfillment of reasonable
+ requirements, you will not be unmindful of the great changes
+ which have occurred, even within the last quarter of a
+ century, and the consequent augmentation and complexity of
+ duties imposed in the administration both of your home and
+ foreign affairs.
+ </p>
+ <p>
+ Whether the elements of inherent force in the Republic have
+ kept pace with its unparalleled progression in territory,
+ population, and wealth has been the subject of earnest
+ thought and discussion on both sides of the ocean. Less than
+ sixty-four years ago the Father of his Country made "the"
+ then "recent accession of the important State of North
+ Carolina to the Constitution of the United States" one of the
+ subjects of his special congratulation. At that moment,
+ however, when the agitation consequent upon the Revolutionary
+ struggle had hardly subsided, when we were just emerging from
+ the weakness and embarrassments of the Confederation, there
+ was an evident consciousness of vigor equal to the great
+ mission so wisely and bravely fulfilled by our fathers. It
+ was not a presumptuous assurance, but a calm faith, springing
+ from a clear view of the sources of power in a government
+ constituted like ours. It is no paradox to say that although
+ comparatively weak the new-born nation was intrinsically
+ strong. Inconsiderable in population and apparent resources,
+ it was upheld by a broad and intelligent comprehension of
+ rights and an all-pervading purpose to maintain them,
+ stronger than armaments. It came from the furnace of the
+ Revolution, tempered to the necessities of the times. The
+ thoughts of the men of that day were as practical as their
+ sentiments were patriotic. They wasted no portion of their
+ energies upon idle and delusive speculations, but with a firm
+ and fearless step advanced beyond the governmental landmarks
+ which had hitherto circumscribed the limits of human freedom
+ and planted their standard, where it has stood against
+ dangers which have threatened from abroad, and internal
+ agitation, which has at times fearfully menaced at home. They
+ proved themselves equal to the solution of the great problem,
+ to understand which their minds had been illuminated by the
+ dawning lights of the Revolution. The object sought was not a
+ thing dreamed of; it was a thing realized. They had exhibited
+ not only the power to achieve, but, what all history affirms
+ to be So much more unusual, the capacity to maintain. The
+ oppressed throughout the world from that day to the present
+ have turned their eyes hitherward, not to find those lights
+ extinguished or to fear lest they should wane, but to be
+ constantly cheered by their steady and increasing radiance.
+ </p>
+ <p>
+ In this our country has, in my judgment, thus far fulfilled
+ its highest duty to suffering humanity. It has spoken and
+ will continue to speak, not only by its words, but by its
+ acts, the language of sympathy, encouragement, and hope to
+ those who earnestly listen to tones which pronounce for the
+ largest rational liberty. But after all, the most animating
+ encouragement and potent appeal for freedom will be its own
+ history&mdash;its trials and its triumphs. Preeminently, the
+ power of our advocacy reposes in our example; but no example,
+ be it remembered, can be powerful for lasting good, whatever
+ apparent advantages may be gained, which is not based upon
+ eternal principles of right and justice. Our fathers decided
+ for themselves, both upon the hour to declare and the hour to
+ strike. They were their own judges of the circumstances under
+ which it became them to pledge to each other "their lives,
+ their fortunes, and their sacred honor" for the acquisition
+ of the priceless inheritance transmitted to us. The energy
+ with which that great conflict was opened and, under the
+ guidance of a manifest and beneficent Providence, the
+ uncomplaining endurance with which it was prosecuted to its
+ consummation were only surpassed by the wisdom and patriotic
+ spirit of concession which characterized all the counsels of
+ the early fathers.
+ </p>
+ <p>
+ One of the most impressive evidences of that wisdom is to be
+ found in the fact that the actual working of our system has
+ dispelled a degree of solicitude which at the outset
+ disturbed bold hearts and far-reaching intellects. The
+ apprehension of dangers from extended territory, multiplied
+ States, accumulated wealth, and augmented population has
+ proved to be unfounded. The stars upon your banner have
+ become nearly threefold their original number; your densely
+ populated possessions skirt the shores of the two great
+ oceans; and yet this vast increase of people and territory
+ has not only shown itself compatible with the harmonious
+ action of the States and Federal Government in their
+ respective constitutional spheres, but has afforded an
+ additional guaranty of the strength and integrity of both.
+ </p>
+ <p>
+ With an experience thus suggestive and cheering, the policy
+ of my Administration will not be controlled by any timid
+ forebodings of evil from expansion. Indeed, it is not to be
+ disguised that our attitude as a nation and our position on
+ the globe render the acquisition of certain possessions not
+ within our jurisdiction eminently important for our
+ protection, if not in the future essential for the
+ preservation of the rights of commerce and the peace of the
+ world. Should they be obtained, it will be through no
+ grasping spirit, but with a view to obvious national interest
+ and security, and in a manner entirely consistent with the
+ strictest observance of national faith. We have nothing in
+ our history or position to invite aggression; we have
+ everything to beckon us to the cultivation of relations of
+ peace and amity with all nations. Purposes, therefore, at
+ once just and pacific will be significantly marked in the
+ conduct of our foreign affairs. I intend that my
+ Administration shall leave no blot upon our fair record, and
+ trust I may safely give the assurance that no act within the
+ legitimate scope of my constitutional control will be
+ tolerated on the part of any portion of our citizens which
+ can not challenge a ready justification before the tribunal
+ of the civilized world. An Administration would be unworthy
+ of confidence at home or respect abroad should it cease to be
+ influenced by the conviction that no apparent advantage can
+ be purchased at a price so dear as that of national wrong or
+ dishonor. It is not your privilege as a nation to speak of a
+ distant past. The striking incidents of your history, replete
+ with instruction and furnishing abundant grounds for hopeful
+ confidence, are comprised in a period comparatively brief.
+ But if your past is limited, your future is boundless. Its
+ obligations throng the unexplored pathway of advancement, and
+ will be limitless as duration. Hence a sound and
+ comprehensive policy should embrace not less the distant
+ future than the urgent present.
+ </p>
+ <p>
+ The great objects of our pursuit as a people are best to be
+ attained by peace, and are entirely consistent with the
+ tranquillity and interests of the rest of mankind. With the
+ neighboring nations upon our continent we should cultivate
+ kindly and fraternal relations. We can desire nothing in
+ regard to them so much as to see them consolidate their
+ strength and pursue the paths of prosperity and happiness. If
+ in the course of their growth we should open new channels of
+ trade and create additional facilities for friendly
+ intercourse, the benefits realized will be equal and mutual,
+ Of the complicated European systems of national polity we
+ have heretofore been independent. From their wars, their
+ tumults, and anxieties we have been, happily, almost entirely
+ exempt. Whilst these are confined to the nations which gave
+ them existence, and within their legitimate jurisdiction,
+ they can not affect us except as they appeal to our
+ Sympathies in the cause of human freedom and universal
+ advancement. But the vast interests of commerce are common to
+ all mankind, and the advantages of trade and international
+ intercourse must always present a noble field for the moral
+ influence of a great people.
+ </p>
+ <p>
+ With these views firmly and honestly carried out, we have a
+ right to expect, and shall under all circumstances require,
+ prompt reciprocity. The rights which belong to us as a nation
+ are not alone to be regarded, but those which pertain to
+ every citizen in his individual capacity, at home and abroad,
+ must be sacredly maintained. So long as he can discern every
+ star in its place upon that ensign, without wealth to
+ purchase for him preferment or title to secure for him place,
+ it will be his privilege, and must be his acknowledged right,
+ to stand unabashed even in the presence of princes, with a
+ proud consciousness that he is himself one of a nation of
+ sovereigns and that he can not in legitimate pursuit wander
+ so far from home that the agent whom he shall leave behind in
+ the place which I now occupy will not see that no rude hand
+ of power or tyrannical passion is laid upon him with
+ impunity. He must realize that upon every sea and on every
+ soil where our enterprise may rightfully seek the protection
+ of our flag American citizenship is an inviolable panoply for
+ the security of American rights. And in this connection it
+ can hardly be necessary to reaffirm a principle which should
+ now be regarded as fundamental. The rights, security, and
+ repose of this Confederacy reject the idea of interference or
+ colonization on this side of the ocean by any foreign power
+ beyond present jurisdiction as utterly inadmissible.
+ </p>
+ <p>
+ The opportunities of observation furnished by my brief
+ experience as a soldier confirmed in my own mind the opinion,
+ entertained and acted upon by others from the formation of
+ the Government, that the maintenance of large standing armies
+ in our country would be not only dangerous, but unnecessary.
+ They also illustrated the importance&mdash;I might well say
+ the absolute necessity&mdash;of the military science and
+ practical skill furnished in such an eminent degree by the
+ institution which has made your Army what it is, under the
+ discipline and instruction of officers not more distinguished
+ for their solid attainments, gallantry, and devotion to the
+ public service than for unobtrusive bearing and high moral
+ tone. The Army as organized must be the nucleus around which
+ in every time of need the strength of your military power,
+ the sure bulwark of your defense&mdash;a national
+ militia&mdash;may be readily formed into a well-disciplined
+ and efficient organization. And the skill and self-devotion
+ of the Navy assure you that you may take the performance of
+ the past as a pledge for the future, and may confidently
+ expect that the flag which has waved its untarnished folds
+ over every sea will still float in undiminished honor. But
+ these, like many other subjects, will be appropriately
+ brought at a future time to the attention of the coordinate
+ branches of the Government, to which I shall always look with
+ profound respect and with trustful confidence that they will
+ accord to me the aid and support which I shall so much need
+ and which their experience and wisdom will readily suggest.
+ </p>
+ <p>
+ In the administration of domestic affairs you expect a
+ devoted integrity in the public service and an observance of
+ rigid economy in all departments, so marked as never justly
+ to be questioned. If this reasonable expectation be not
+ realized, I frankly confess that one of your leading hopes is
+ doomed to disappointment, and that my efforts in a very
+ important particular must result in a humiliating failure.
+ Offices can be properly regarded only in the light of aids
+ for the accomplishment of these objects, and as occupancy can
+ confer no prerogative nor importunate desire for preferment
+ any claim, the public interest imperatively demands that they
+ be considered with sole reference to the duties to be
+ performed. Good citizens may well claim the protection of
+ good laws and the benign influence of good government, but a
+ claim for office is what the people of a republic should
+ never recognize. No reasonable man of any party will expect
+ the Administration to be so regardless of its responsibility
+ and of the obvious elements of success as to retain persons
+ known to be under the influence of political hostility and
+ partisan prejudice in positions which will require not only
+ severe labor, but cordial cooperation. Having no implied
+ engagements to ratify, no rewards to bestow, no resentments
+ to remember, and no personal wishes to consult in selections
+ for official station, I shall fulfill this difficult and
+ delicate trust, admitting no motive as worthy either of my
+ character or position which does not contemplate an efficient
+ discharge of duty and the best interests of my country. I
+ acknowledge my obligations to the masses of my countrymen,
+ and to them alone. Higher objects than personal
+ aggrandizement gave direction and energy to their exertions
+ in the late canvass, and they shall not be disappointed. They
+ require at my hands diligence, integrity, and capacity
+ wherever there are duties to be performed. Without these
+ qualities in their public servants, more stringent laws for
+ the prevention or punishment of fraud, negligence, and
+ peculation will be vain. With them they will be unnecessary.
+ </p>
+ <p>
+ But these are not the only points to which you look for
+ vigilant watchfulness. The dangers of a concentration of all
+ power in the general government of a confederacy so vast as
+ ours are too obvious to be disregarded. You have a right,
+ therefore, to expect your agents in every department to
+ regard strictly the limits imposed upon them by the
+ Constitution of the United States. The great scheme of our
+ constitutional liberty rests upon a proper distribution of
+ power between the State and Federal authorities, and
+ experience has shown that the harmony and happiness of our
+ people must depend upon a just discrimination between the
+ separate rights and responsibilities of the States and your
+ common rights and obligations under the General Government;
+ and here, in my opinion, are the considerations which should
+ form the true basis of future concord in regard to the
+ questions which have most seriously disturbed public
+ tranquillity. If the Federal Government will confine itself
+ to the exercise of powers clearly granted by the
+ Constitution, it can hardly happen that its action upon any
+ question should endanger the institutions of the States or
+ interfere with their right to manage matters strictly
+ domestic according to the will of their own people.
+ </p>
+ <p>
+ In expressing briefly my views upon an important subject
+ which has recently agitated the nation to almost a fearful
+ degree, I am moved by no other impulse than a most earnest
+ desire for the perpetuation of that Union which has made us
+ what we are, showering upon us blessings and conferring a
+ power and influence which our fathers could hardly have
+ anticipated, even with their most sanguine hopes directed to
+ a far-off future. The sentiments I now announce were not
+ unknown before the expression of the voice which called me
+ here. My own position upon this subject was clear and
+ unequivocal, upon the record of my words and my acts, and it
+ is only recurred to at this time because silence might
+ perhaps be misconstrued. With the Union my best and dearest
+ earthly hopes are entwined. Without it what are we
+ individually or collectively? What becomes of the noblest
+ field ever opened for the advancement of our race in
+ religion, in government, in the arts, and in all that
+ dignifies and adorns mankind? From that radiant constellation
+ which both illumines our own way and points out to struggling
+ nations their course, let but a single star be lost, and, if
+ there be not utter darkness, the luster of the whole is
+ dimmed. Do my countrymen need any assurance that such a
+ catastrophe is not to overtake them while I possess the power
+ to stay it? It is with me an earnest and vital belief that as
+ the Union has been the source, under Providence, of our
+ prosperity to this time, so it is the surest pledge of a
+ continuance of the blessings we have enjoyed, and which we
+ are sacredly bound to transmit undiminished to our children.
+ The field of calm and free discussion in our country is open,
+ and will always be so, but never has been and never can be
+ traversed for good in a spirit of sectionalism and
+ uncharitableness. The founders of the Republic dealt with
+ things as they were presented to them, in a spirit of
+ self-sacrificing patriotism, and, as time has proved, with a
+ comprehensive wisdom which it will always be safe for us to
+ consult. Every measure tending to strengthen the fraternal
+ feelings of all the members of our Union has had my heartfelt
+ approbation. To every theory of society or government,
+ whether the offspring of feverish ambition or of morbid
+ enthusiasm, calculated to dissolve the bonds of law and
+ affection which unite us, I shall interpose a ready and stern
+ resistance. I believe that involuntary servitude, as it
+ exists in different States of this Confederacy, is recognized
+ by the Constitution. I believe that it stands like any other
+ admitted right, and that the States where it exists are
+ entitled to efficient remedies to enforce the constitutional
+ provisions. I hold that the laws of 1850, commonly called the
+ "compromise measures," are strictly constitutional and to be
+ unhesitatingly carried into effect. I believe that the
+ constituted authorities of this Republic are bound to regard
+ the rights of the South in this respect as they would view
+ any other legal and constitutional right, and that the laws
+ to enforce them should be respected and obeyed, not with a
+ reluctance encouraged by abstract opinions as to their
+ propriety in a different state of society, but cheerfully and
+ according to the decisions of the tribunal to which their
+ exposition belongs. Such have been, and are, my convictions,
+ and upon them I shall act. I fervently hope that the question
+ is at rest, and that no sectional or ambitious or fanatical
+ excitement may again threaten the durability of our
+ institutions or obscure the light of our prosperity.
+ </p>
+ <p>
+ But let not the foundation of our hope rest upon man's
+ wisdom. It will not be sufficient that sectional prejudices
+ find no place in the public deliberations. It will not be
+ sufficient that the rash counsels of human passion are
+ rejected. It must be felt that there is no national security
+ but in the nation's humble, acknowledged dependence upon God
+ and His overruling providence.
+ </p>
+ <p>
+ We have been carried in safety through a perilous crisis.
+ Wise counsels, like those which gave us the Constitution,
+ prevailed to uphold it. Let the period be remembered as an
+ admonition, and not as an encouragement, in any section of
+ the Union, to make experiments where experiments are fraught
+ with such fearful hazard. Let it be impressed upon all hearts
+ that, beautiful as our fabric is, no earthly power or wisdom
+ could ever reunite its broken fragments. Standing, as I do,
+ almost within view of the green slopes of Monticello, and, as
+ it were, within reach of the tomb of Washington, with all the
+ cherished memories of the past gathering around me like so
+ many eloquent voices of exhortation from heaven, I can
+ express no better hope for my country than that the kind
+ Providence which smiled upon our fathers may enable their
+ children to preserve the blessings they have inherited.
+ </p>
+ <p class="r">
+ MARCH 4, 1853.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SPECIAL MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>March 21, 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
+ instant, respecting certain propositions to Nicaragua and
+ Costa Rica relative to the settlement of the territorial
+ controversies between the States and Governments bordering on
+ the river San Juan, I transmit a report from the Secretary of
+ State and the documents by which it was accompanied.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 21, 1853</i>.
+ </p>
+ <p>
+ <i>To the Senate</i>:
+ </p>
+ <p>
+ The eleventh article of the treaty with the Chickasaw Indians
+ of the 20th October, 1832, provides that certain moneys
+ arising from the sales of the lands ceded by that treaty
+ shall be laid out under the direction of the President of the
+ United States, by and with the advice and consent of the
+ Senate, in such safe and valuable stock as he may approve of,
+ for the benefit of the Chickasaw Nation.
+ </p>
+ <p>
+ The report of the Secretary of the Treasury of the 15th
+ instant, herewith transmitted, shows that the sum of $58,100
+ 5 per cent stock, created under the act of 3d March, 1843,
+ now stands on the books of the Treasury in the name of the
+ Secretary of the Treasury, as trustee for the Chickasaw
+ national fund. This stock, by the terms of its issue, is
+ redeemable on the 1st July next, when interest thereon will
+ cease. It therefore becomes my duty to lay before the Senate
+ the subject of reinvesting this amount under the same trust.
+ </p>
+ <p>
+ The second section of the act of 11th September, 1841 (the
+ first section of which repeals the provisions of the act of
+ 7th July, 1838, directing the investment of the Smithsonian
+ fund in the stocks of the States), enacts that "all other
+ funds held in trust by the United States, and the annual
+ interest accruing thereon, when not otherwise required by
+ treaty, shall in like manner be invested in stocks of the
+ United States bearing a like rate of interest."
+ </p>
+ <p>
+ I submit to the Senate whether it will advise and consent
+ that the Secretary of the Treasury be authorized, under my
+ direction, to reinvest the above-mentioned sum of $58,100 in
+ stocks of the United States under the same trust.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 21, 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 18th of
+ January last, calling for further correspondence touching the
+ revolution in France of December, 1851, I transmit a report
+ from the Secretary of State and the documents by which it was
+ accompanied.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE CHAMBER, <i>March 25, 1853</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I nominate Mrs. Mary Berard to be deputy postmaster at "West
+ Point," N.Y., the commissions for said office having exceeded
+ $1,000 for the year ending the 30th June, 1852. Mrs. B. has
+ held said office since the 12th of May, 1848, under an
+ appointment of the Post-Office Department.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ EXECUTIVE ORDERS.
+ </h2>
+ <p class="r">
+ EXECUTIVE OFFICE, <i>March 23, 1853</i>.
+ </p>
+ <p>
+ Believing that the public interests involved in the erection
+ of the wings of the United States Capitol will be promoted by
+ the exercise of a general supervision and control of the
+ whole work by a skillful and competent officer of the Corps
+ of Engineers or of the Topographical Corps, and as the
+ officers of those corps are more immediately amenable to the
+ Secretary of War, I hereby direct that the jurisdiction
+ heretofore exercised over the said work by the Department of
+ the Interior be transferred to the War Department, and
+ request that the Secretary of War will designate to the
+ President a suitable officer to take charge of the same.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <center>
+ BY THE PRESIDENT OF THE UNITED STATES.
+ </center>
+ <p class="r">
+ WASHINGTON, <i>April 20, 1853</i>.
+ </p>
+ <p>
+ The President has, with deep sorrow, received information
+ that the Vice-President of the United States, William R.
+ King, died on the 18th instant at his residence in Alabama.
+ </p>
+ <p>
+ In testimony of respect for eminent station, exalted
+ character, and, higher and above all station, for a career of
+ public service and devotion to this Union which for duration
+ and usefulness is almost without a parallel in the history of
+ the Republic, the labors of the various Departments will be
+ suspended.
+ </p>
+ <p>
+ The Secretaries of War and Navy will issue orders that
+ appropriate military and naval honors be rendered to the
+ memory of one to whom such a tribute will not be formal, but
+ heartfelt from a people the deceased has so faithfully
+ served.
+ </p>
+ <p>
+ The public offices will be closed to-morrow and badges of
+ mourning be placed on the Executive Mansion and all the
+ Executive Departments at Washington.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <center>
+ GENERAL ORDERS, No. II.
+ </center>
+ <p class="r">
+ WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, April 20, 1853</i>.
+ </p>
+ <p>
+ I. The following order announces to the Army the death of
+ William Rufus King, late Vice-President of the United States:
+ </p>
+ <p class="r">
+ WAR DEPARTMENT,<br>
+ <i>Washington, April 20, 1853</i>.
+ </p>
+ <p>
+ With deep sorrow the President announces to the Army the
+ death of William Rufus King, Vice-President of the United
+ States, who died on the evening of Monday, the 18th instant,
+ at his residence in Dallas County, Ala.
+ </p>
+ <p>
+ Called into the service of his country at a period in life
+ when but few are prepared to enter upon its realities, his
+ long career of public usefulness at home and abroad has
+ always been honored by the public confidence, and was closed
+ in the second office within the gift of the people.
+ </p>
+ <p>
+ From sympathy with his relatives and the American people for
+ their loss and from respect for his distinguished public
+ services, the President directs that appropriate honors to
+ his memory be paid by the Army.
+ </p>
+ <p class="r">
+ JEFFERSON DAVIS,<br>
+ <i>Secretary of War</i>.
+ </p>
+ <p>
+ II. On the day next succeeding the receipt of this order at
+ each military post the troops will be paraded at 10 o'clock
+ a.m. and this order read to them.
+ </p>
+ <p>
+ The national flag will be displayed at half-staff.
+ </p>
+ <p>
+ At dawn of day thirteen guns will be fired. Commencing at 12
+ o'clock m. seventeen minute guns will be fired and at the
+ close of the day the national salute of thirty-one guns.
+ </p>
+ <p>
+ The usual badge of mourning will be worn by officers of the
+ Army and the colors of the several regiments will be put in
+ mourning for the period of three months.
+ </p>
+ <p>
+ By order:
+ </p>
+ <p class="r">
+ S. COOPER,<br>
+ <i>Adjutant-General</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <center>
+ [From the Daily National Intelligencer, April 21, 1853.]
+ </center>
+ <center>
+ GENERAL ORDER.
+ </center>
+ <p class="r">
+ NAVY DEPARTMENT,<br>
+ <i>April 20, 1853</i>.
+ </p>
+ <p>
+ With deep sorrow the President announces to the officers of
+ the Navy and Marine Corps the death of William Rufus King,
+ Vice-President of the United States, who died on the evening
+ of Monday, the 18th instant, at his residence in Alabama.
+ </p>
+ <p>
+ Called into the service of his country at a period of life
+ when but few are prepared to enter upon its realities, his
+ long career of public usefulness at home and abroad has
+ always been honored by the public confidence, and was closed
+ in the second office within the gift of the people.
+ </p>
+ <p>
+ From sympathy with his relatives and the American people for
+ their loss and from respect for his distinguished public
+ services, the President directs that appropriate honors be
+ paid to his memory at each of the navy-yards and naval
+ stations and on board all the public vessels in commission on
+ the day after this order is received by firing at dawn of day
+ thirteen guns, at 12 o'clock m. seventeen minute guns, and at
+ the close of the day the national salute, by carrying their
+ flags at half-mast one day, and by the officers wearing crape
+ on the left arm for three months.
+ </p>
+ <p class="r">
+ J.C. DOBBIN,<br>
+ <i>Secretary of the Navy</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ FIRST ANNUAL MESSAGE.
+ </h2>
+ <p class="r">
+ WASHINGTON, D.C., <i>December 5, 1853</i>.
+ </p>
+ <p>
+ <i>Fellow-Citizens of the Senate and of the House of
+ Representatives</i>:
+ </p>
+ <p>
+ The interest with which the people of the Republic anticipate
+ the assembling of Congress and the fulfillment on that
+ occasion of the duty imposed upon a new President is one of
+ the best evidences of their capacity to realize the hopes of
+ the founders of a political system at once complex and
+ symmetrical. While the different branches of the Government
+ are to a certain extent independent of each other, the duties
+ of all alike have direct reference to the source of power.
+ Fortunately, under this system no man is so high and none so
+ humble in the scale of public station as to escape from the
+ scrutiny or to be exempt from the responsibility which all
+ official functions imply.
+ </p>
+ <p>
+ Upon the justice and intelligence of the masses, in a
+ government thus organized, is the sole reliance of the
+ confederacy and the only security for honest and earnest
+ devotion to its interests against the usurpations and
+ encroachments of power on the one hand and the assaults of
+ personal ambition on the other.
+ </p>
+ <p>
+ The interest of which I have spoken is inseparable from an
+ inquiring, self-governing community, but stimulated,
+ doubtless, at the present time by the unsettled condition of
+ our relations with several foreign powers, by the new
+ obligations resulting from a sudden extension of the field of
+ enterprise, by the spirit with which that field has been
+ entered and the amazing energy with which its resources for
+ meeting the demands of humanity have been developed.
+ </p>
+ <p>
+ Although disease, assuming at one time the characteristics of
+ a widespread and devastating pestilence, has left its sad
+ traces upon some portions of our country, we have still the
+ most abundant cause for reverent thankfulness to God for an
+ accumulation of signal mercies showered upon us as a nation.
+ It is well that a consciousness of rapid advancement and
+ increasing strength be habitually associated with an abiding
+ sense of dependence upon Him who holds in His hands the
+ destiny of men and of nations.
+ </p>
+ <p>
+ Recognizing the wisdom of the broad principle of absolute
+ religious toleration proclaimed in our fundamental law, and
+ rejoicing in the benign influence which it has exerted upon
+ our social and political condition, I should shrink from a
+ clear duty did I fail to express my deepest conviction that
+ we can place no secure reliance upon any apparent progress if
+ it be not sustained by national integrity, resting upon the
+ great truths affirmed and illustrated by divine revelation.
+ In the midst of our sorrow for the afflicted and suffering,
+ it has been consoling to see how promptly disaster made true
+ neighbors of districts and cities separated widely from each
+ other, and cheering to watch the strength of that common bond
+ of brotherhood which unites all hearts, in all parts of this
+ Union, when danger threatens from abroad or calamity impends
+ over us at home.
+ </p>
+ <p>
+ Our diplomatic relations with foreign powers have undergone
+ no essential change since the adjournment of the last
+ Congress. With some of them questions of a disturbing
+ character are still pending, but there are good reasons to
+ believe that these may all be amicably adjusted.
+ </p>
+ <p>
+ For some years past Great Britain has so construed the first
+ article of the convention of the 20th of April, 1818, in
+ regard to the fisheries on the northeastern coast, as to
+ exclude our citizens from some of the fishing grounds to
+ which they freely resorted for nearly a quarter of a century
+ subsequent to the date of that treaty. The United States have
+ never acquiesced in this construction, but have always
+ claimed for their fishermen all the rights which they had so
+ long enjoyed without molestation. With a view to remove all
+ difficulties on the subject, to extend the rights of our
+ fishermen beyond the limits fixed by the convention of 1818,
+ and to regulate trade between the United States and the
+ British North American Provinces, a negotiation has been
+ opened with a fair prospect of a favorable result. To protect
+ our fishermen in the enjoyment of their rights and prevent
+ collision between them and British fishermen, I deemed it
+ expedient to station a naval force in that quarter during the
+ fishing season.
+ </p>
+ <p>
+ Embarrassing questions have also arisen between the two
+ Governments in regard to Central America. Great Britain has
+ proposed to settle them by an amicable arrangement, and our
+ minister at London is instructed to enter into negotiations
+ on that subject.
+ </p>
+ <p>
+ A commission for adjusting the claims of our citizens against
+ Great Britain and those of British subjects against the
+ United States, organized under the convention of the 8th of
+ February last, is now sitting in London for the transaction
+ of business.
+ </p>
+ <p>
+ It is in many respects desirable that the boundary line
+ between the United States and the British Provinces in the
+ northwest, as designated in the convention of the 15th of
+ June, 1846, and especially that part which separates the
+ Territory of Washington from the British possessions on the
+ north, should be traced and marked. I therefore present the
+ subject to your notice.
+ </p>
+ <p>
+ With France our relations continue on the most friendly
+ footing. The extensive commerce between the United States and
+ that country might, it is conceived, be released from some
+ unnecessary restrictions to the mutual advantage of both
+ parties. With a view to this object, some progress has been
+ made in negotiating a treaty of commerce and navigation.
+ </p>
+ <p>
+ Independently of our valuable trade with Spain, we have
+ important political relations with her growing out of our
+ neighborhood to the islands of Cuba and Porto Rico. I am
+ happy to announce that since the last Congress no attempts
+ have been made by unauthorized expeditions within the United
+ States against either of those colonies. Should any movement
+ be manifested within our limits, all the means at my command
+ will be vigorously exerted to repress it. Several annoying
+ occurrences have taken place at Havana, or in the vicinity of
+ the island of Cuba, between our citizens and the Spanish
+ authorities. Considering the proximity of that island to our
+ shores, lying, as it does, in the track of trade between some
+ of our principal cities, and the suspicious vigilance with
+ which foreign intercourse, particularly that with the United
+ States, is there guarded, a repetition of such occurrences
+ may well be apprehended.
+ </p>
+ <p>
+ As no diplomatic intercourse is allowed between our consul at
+ Havana and the Captain-General of Cuba, ready explanations
+ can not be made or prompt redress afforded where injury has
+ resulted. All complaint on the part of our citizens under the
+ present arrangement must be, in the first place, presented to
+ this Government and then referred to Spain. Spain again
+ refers it to her local authorities in Cuba for investigation,
+ and postpones an answer till she has heard from those
+ authorities. To avoid these irritating and vexatious delays,
+ a proposition has been made to provide for a direct appeal
+ for redress to the Captain-General by our consul in behalf of
+ our injured fellow-citizens. Hitherto the Government of Spain
+ has declined to enter into any such arrangement. This course
+ on her part is deeply regretted, for without some arrangement
+ of this kind the good understanding between the two countries
+ may be exposed to occasional interruption. Our minister at
+ Madrid is instructed to renew the proposition and to press it
+ again upon the consideration of Her Catholic Majesty's
+ Government.
+ </p>
+ <p>
+ For several years Spain has been calling the attention of
+ this Government to a claim for losses by some of her subjects
+ in the case of the schooner <i>Amistad</i>. This claim is
+ believed to rest on the obligations imposed by our existing
+ treaty with that country. Its justice was admitted in our
+ diplomatic correspondence with the Spanish Government as
+ early as March, 1847, and one of my predecessors, in his
+ annual message of that year, recommended that provision
+ should be made for its payment. In January last it was again
+ submitted to Congress by the Executive. It has received a
+ favorable consideration by committees of both branches, but
+ as yet there has been no final action upon it. I conceive
+ that good faith requires its prompt adjustment, and I present
+ it to your early and favorable consideration.
+ </p>
+ <p>
+ Martin Koszta, a Hungarian by birth, came to this country in
+ 1850, and declared his intention in due form of law to become
+ a citizen of the United States. After remaining here nearly
+ two years he visited Turkey. While at Smyrna he was forcibly
+ seized, taken on board an Austrian brig of war then lying in
+ the harbor of that place, and there confined in irons, with
+ the avowed design to take him into the dominions of Austria.
+ Our consul at Smyrna and legation at Constantinople
+ interposed for his release, but their efforts were
+ ineffectual. While thus in prison Commander Ingraham, with
+ the United States ship of war <i>St. Louis</i>, arrived at
+ Smyrna, and after inquiring into the circumstances of the
+ case came to the conclusion that Koszta was entitled to the
+ protection of this Government, and took energetic and prompt
+ measures for his release. Under an arrangement between the
+ agents of the United States and of Austria, he was
+ transferred to the custody of the French consul-general at
+ Smyrna, there to remain until he should be disposed of by the
+ mutual agreement of the consuls of the respective Governments
+ at that place. Pursuant to that agreement, he has been
+ released, and is now in the United States. The Emperor of
+ Austria has made the conduct of our officers who took part in
+ this transaction a subject of grave complaint. Regarding
+ Koszta as still his subject, and claiming a right to seize
+ him within the limits of the Turkish Empire, he has demanded
+ of this Government its consent to the surrender of the
+ prisoner, a disavowal of the acts of its agents, and
+ satisfaction for the alleged outrage. After a careful
+ consideration of the case I came to the conclusion that
+ Koszta was seized without legal authority at Smyrna; that he
+ was wrongfully detained on board of the Austrian brig of war;
+ that at the time of his seizure he was clothed with the
+ nationality of the United States, and that the acts of our
+ officers, under the circumstances of the case, were
+ justifiable, and their conduct has been fully approved by me,
+ and a compliance with the several demands of the Emperor of
+ Austria has been declined.
+ </p>
+ <p>
+ For a more full account of this transaction and my views in
+ regard to it I refer to the correspondence between the
+ charg&eacute; d'affaires of Austria and the Secretary of
+ State, which is herewith transmitted. The principles and
+ policy therein maintained on the part of the United States
+ will, whenever a proper occasion occurs, be applied and
+ enforced.
+ </p>
+ <p>
+ The condition of China at this time renders it probable that
+ some important changes will occur in that vast Empire which
+ will lead to a more unrestricted intercourse with it. The
+ commissioner to that country who has been recently appointed
+ is instructed to avail himself of all occasions to open and
+ extend our commercial relations, not only with the Empire of
+ China, but with other Asiatic nations.
+ </p>
+ <p>
+ In 1852 an expedition was sent to Japan, under the command of
+ Commodore Perry, for the purpose of opening commercial
+ intercourse with that Empire. Intelligence has been received
+ of his arrival there and of his having made known to the
+ Emperor of Japan the object of his visit. But it is not yet
+ ascertained how far the Emperor will be disposed to abandon
+ his restrictive policy and open that populous country to a
+ commercial intercourse with the United States.
+ </p>
+ <p>
+ It has been my earnest desire to maintain friendly
+ intercourse with the Governments upon this continent and to
+ aid them in preserving good understanding among themselves.
+ With Mexico a dispute has arisen as to the true boundary line
+ between our Territory of New Mexico and the Mexican State of
+ Chihuahua. A former commissioner of the United States,
+ employed in running that line pursuant to the treaty of
+ Guadalupe Hidalgo, made a serious mistake in determining the
+ initial point on the Rio Grande; but inasmuch as his decision
+ was clearly a departure from the directions for tracing the
+ boundary contained in that treaty, and was not concurred in
+ by the surveyor appointed on the part of the United States,
+ whose concurrence was necessary to give validity to that
+ decision, this Government is not concluded thereby; but that
+ of Mexico takes a different view of the subject.
+ </p>
+ <p>
+ There are also other questions of considerable magnitude
+ pending between the two Republics. Our minister in Mexico has
+ ample instructions to adjust them. Negotiations have been
+ opened, but sufficient progress has not been made therein to
+ enable me to speak of the probable result. Impressed with the
+ importance of maintaining amicable relations with that
+ Republic and of yielding with liberality to all her just
+ claims, it is reasonable to expect that an arrangement
+ mutually satisfactory to both countries may be concluded and
+ a lasting friendship between them confirmed and perpetuated.
+ </p>
+ <p>
+ Congress having provided for a full mission to the States of
+ Central America, a minister was sent thither in July last. As
+ yet he has had time to visit only one of these States
+ (Nicaragua), where he was received in the most friendly
+ manner. It is hoped that his presence and good offices will
+ have a benign effect in composing the dissensions which
+ prevail among them, and in establishing still more intimate
+ and friendly relations between them respectively and between
+ each of them and the United States.
+ </p>
+ <p>
+ Considering the vast regions of this continent and the number
+ of states which would be made accessible by the free
+ navigation of the river Amazon, particular attention has been
+ given to this subject. Brazil, through whose territories it
+ passes into the ocean, has hitherto persisted in a policy so
+ restricted in regard to the use of this river as to obstruct
+ and nearly exclude foreign commercial intercourse with the
+ States which lie upon its tributaries and upper branches. Our
+ minister to that country is instructed to obtain a relaxation
+ of that policy and to use his efforts to induce the Brazilian
+ Government to open to common use, under proper safeguards,
+ this great natural highway for international trade. Several
+ of the South American States are deeply interested in this
+ attempt to secure the free navigation of the Amazon, and it
+ is reasonable to expect their cooperation in the measure. As
+ the advantages of free commercial intercourse among nations
+ are better understood, more liberal views are generally
+ entertained as to the common rights of all to the free use of
+ those means which nature has provided for international
+ communication. To these more liberal and enlightened views it
+ is hoped that Brazil will conform her policy and remove all
+ unnecessary restrictions upon the free use of a river which
+ traverses so many states and so large a part of the
+ continent. I am happy to inform you that the Republic of
+ Paraguay and the Argentine Confederation have yielded to the
+ liberal policy still resisted by Brazil in regard to the
+ navigable rivers within their respective territories.
+ Treaties embracing this subject, among others, have been
+ negotiated with these Governments, which will be submitted to
+ the Senate at the present session.
+ </p>
+ <p>
+ A new branch of commerce, important to the agricultural
+ interests of the United States, has within a few years past
+ been opened with Peru. Notwithstanding the inexhaustible
+ deposits of guano upon the islands of that country,
+ considerable difficulties are experienced in obtaining the
+ requisite supply. Measures have been taken to remove these
+ difficulties and to secure a more abundant importation of the
+ article. Unfortunately, there has been a serious collision
+ between our citizens who have resorted to the Chincha Islands
+ for it and the Peruvian authorities stationed there. Redress
+ for the outrages committed by the latter was promptly
+ demanded by our minister at Lima. This subject is now under
+ consideration, and there is reason to believe that Peru is
+ disposed to offer adequate indemnity to the aggrieved
+ parties.
+ </p>
+ <p>
+ We are thus not only at peace with all foreign countries,
+ but, in regard to political affairs, are exempt from any
+ cause of serious disquietude in our domestic relations.
+ </p>
+ <p>
+ The controversies which have agitated the country heretofore
+ are passing away with the causes which produced them and the
+ passions which they had awakened; or, if any trace of them
+ remains, it may be reasonably hoped that it will only be
+ perceived in the zealous rivalry of all good citizens to
+ testify their respect for the rights of the States, their
+ devotion to the Union, and their common determination that
+ each one of the States, its institutions, its welfare, and
+ its domestic peace, shall be held alike secure under the
+ sacred aegis of the Constitution.
+ </p>
+ <p>
+ This new league of amity and of mutual confidence and support
+ into which the people of the Republic have entered happily
+ affords inducement and opportunity for the adoption of a more
+ comprehensive and unembarrassed line of policy and action as
+ to the great material interests of the country, whether
+ regarded in themselves or in connection with the powers of
+ the civilized world.
+ </p>
+ <p>
+ The United States have continued gradually and steadily to
+ expand through acquisitions of territory, which, how much
+ soever some of them may have been questioned, are now
+ universally seen and admitted to have been wise in policy,
+ just in character, and a great element in the advancement of
+ our country, and with it of the human race, in freedom, in
+ prosperity, and in happiness. The thirteen States have grown
+ to be thirty-one, with relations reaching to Europe on the
+ one side and on the other to the distant realms of Asia.
+ </p>
+ <p>
+ I am deeply sensible of the immense responsibility which the
+ present magnitude of the Republic and the diversity and
+ multiplicity of its interests devolves upon me, the
+ alleviation of which, so far as relates to the immediate
+ conduct of the public business, is, first, in my reliance on
+ the wisdom and patriotism of the two Houses of Congress, and,
+ secondly, in the directions afforded me by the principles of
+ public polity affirmed by our fathers of the epoch of 1798,
+ sanctioned by long experience, and consecrated anew by the
+ overwhelming voice of the people of the United States.
+ </p>
+ <p>
+ Recurring to these principles, which constitute the organic
+ basis of union, we perceive that vast as are the functions
+ and the duties of the Federal Government, vested in or
+ intrusted to its three great departments&mdash;the
+ legislative, executive, and judicial&mdash;yet the
+ substantive power, the popular force, and the large
+ capacities for social and material development exist in the
+ respective States, which, all being of themselves
+ well-constituted republics, as they preceded so they alone
+ are capable of maintaining and perpetuating the American
+ Union. The Federal Government has its appropriate line of
+ action in the specific and limited powers conferred on it by
+ the Constitution, chiefly as to those things in which the
+ States have a common interest in their relations to one
+ another and to foreign governments, while the great mass of
+ interests which belong to cultivated men&mdash;the ordinary
+ business of life, the springs of industry, all the
+ diversified personal and domestic affairs of
+ society&mdash;rest securely upon the general reserved powers
+ of the people of the several States. There is the effective
+ democracy of the nation, and there the vital essence of its
+ being and its greatness.
+ </p>
+ <p>
+ Of the practical consequences which flow from the nature of
+ the Federal Government, the primary one is the duty of
+ administering with integrity and fidelity the high trust
+ reposed in it by the Constitution, especially in the
+ application of the public funds as drawn by taxation from the
+ people and appropriated to specific objects by Congress.
+ </p>
+ <p>
+ Happily, I have no occasion to suggest any radical changes in
+ the financial policy of the Government. Ours is almost, if
+ not absolutely, the solitary power of Christendom having a
+ surplus revenue drawn immediately from imposts on commerce,
+ and therefore measured by the spontaneous enterprise and
+ national prosperity of the country, with such indirect
+ relation to agriculture, manufactures, and the products of
+ the earth and sea as to violate no constitutional doctrine
+ and yet vigorously promote the general welfare. Neither as to
+ the sources of the public treasure nor as to the manner of
+ keeping and managing it does any grave controversy now
+ prevail, there being a general acquiescence in the wisdom of
+ the present system.
+ </p>
+ <p>
+ The report of the Secretary of the Treasury will exhibit in
+ detail the state of the public finances and the condition of
+ the various branches of the public service administered by
+ that Department of the Government.
+ </p>
+ <p>
+ The revenue of the country, levied almost insensibly to the
+ taxpayer, goes on from year to year, increasing beyond either
+ the interests or the prospective wants of the Government.
+ </p>
+ <p>
+ At the close of the fiscal year ending June 30, 1852, there
+ remained in the Treasury a balance of $14,632,136. The public
+ revenue for the fiscal year ending June 30, 1853, amounted to
+ $58,931,865 from customs and to $2,405,708 from public lands
+ and other miscellaneous sources, amounting together to
+ $61,337,574, while the public expenditures for the same
+ period, exclusive of payments on account of the public debt,
+ amounted to $43,554,262, leaving a balance of $32,425,447 of
+ receipts above expenditures.
+ </p>
+ <p>
+ This fact of increasing surplus in the Treasury became the
+ subject of anxious consideration at a very early period of my
+ Administration, and the path of duty in regard to it seemed
+ to me obvious and clear, namely: First, to apply the surplus
+ revenue to the discharge of the public debt so far as it
+ could judiciously be done, and, secondly, to devise means for
+ the gradual reduction of the revenue to the standard of the
+ public exigencies.
+ </p>
+ <p>
+ Of these objects the first has been in the course of
+ accomplishment in a manner and to a degree highly
+ satisfactory. The amount of the public debt of all classes
+ was on the 4th of March, 1853, $69,190,037, payments on
+ account of which have been made since that period to the
+ amount of $12,703,329, leaving unpaid and in continuous
+ course of liquidation the sum of $56,486,708. These payments,
+ although made at the market price of the respective classes
+ of stocks, have been effected readily and to the general
+ advantage of the Treasury, and have at the same time proved
+ of signal utility in the relief they have incidentally
+ afforded to the money market and to the industrial and
+ commercial pursuits of the country.
+ </p>
+ <p>
+ The second of the above-mentioned objects, that of the
+ reduction of the tariff, is of great importance, and the plan
+ suggested by the Secretary of the Treasury, which is to
+ reduce the duties on certain articles and to add to the free
+ list many articles now taxed, and especially such as enter
+ into manufactures and are not largely, or at all, produced in
+ the country, is commended to your candid and careful
+ consideration.
+ </p>
+ <p>
+ You will find in the report of the Secretary of the Treasury,
+ also, abundant proof of the entire adequacy of the present
+ fiscal system to meet all the requirements of the public
+ service, and that, while properly administered, it operates
+ to the advantage of the community in ordinary business
+ relations.
+ </p>
+ <p>
+ I respectfully ask your attention to sundry suggestions of
+ improvements in the settlement of accounts, especially as
+ regards the large sums of outstanding arrears due to the
+ Government, and of other reforms in the administrative action
+ of his Department which are indicated by the Secretary; as
+ also to the progress made in the construction of marine
+ hospitals, custom-houses, and of a new mint in California and
+ assay office in the city of New York, heretofore provided for
+ by Congress, and also to the eminently successful progress of
+ the Coast Survey and of the Light-House Board.
+ </p>
+ <p>
+ Among the objects meriting your attention will be important
+ recommendations from the Secretaries of War and Navy. I am
+ fully satisfied that the Navy of the United States is not in
+ a condition of strength and efficiency commensurate with the
+ magnitude of our commercial and other interests, and commend
+ to your especial attention the suggestions on this subject
+ made by the Secretary of the Navy. I respectfully submit that
+ the Army, which under our system must always be regarded with
+ the highest interest as a nucleus around which the volunteer
+ forces of the nation gather in the hour of danger, requires
+ augmentation, or modification, to adapt it to the present
+ extended limits and frontier relations of the country and the
+ condition of the Indian tribes in the interior of the
+ continent, the necessity of which will appear in the
+ communications of the Secretaries of War and the Interior.
+ </p>
+ <p>
+ In the administration of the Post-Office Department for the
+ fiscal year ending June 30, 1853, the gross expenditure was
+ $7,982,756, and the gross receipts during the same period
+ $5,942,734, showing that the current revenue failed to meet
+ the current expenses of the Department by the sum of
+ $2,042,032. The causes which, under the present postal system
+ and laws, led inevitably to this result are fully explained
+ by the report of the Postmaster-General, one great cause
+ being the enormous rates the Department has been compelled to
+ pay for mail service rendered by railroad companies.
+ </p>
+ <p>
+ The exhibit in the report of the Postmaster-General of the
+ income and expenditures by mail steamers will be found
+ peculiarly interesting and of a character to demand the
+ immediate action of Congress.
+ </p>
+ <p>
+ Numerous and flagrant frauds upon the Pension Bureau have
+ been brought to light within the last year, and in some
+ instances merited punishments inflicted; but, unfortunately,
+ in others guilty parties have escaped, not through the want
+ of sufficient evidence to warrant a conviction, but in
+ consequence of the provisions of limitation in the existing
+ laws.
+ </p>
+ <p>
+ From the nature of these claims, the remoteness of the
+ tribunals to pass upon them, and the mode in which the proof
+ is of necessity furnished, temptations to crime have been
+ greatly stimulated by the obvious difficulties of detection.
+ The defects in the law upon this subject are so apparent and
+ so fatal to the ends of justice that your early action
+ relating to it is most desirable.
+ </p>
+ <p>
+ During the last fiscal year 9,819,411 acres of the public
+ lands have been surveyed and 10,363,891 acres brought into
+ market. Within the same period the sales by public purchase
+ and private entry amounted to 1,083,495 acres; located under
+ military bounty-land warrants, 6,142,360 acres; located under
+ other certificates, 9,427 acres; ceded to the States as swamp
+ lands, 16,684,253 acres; selected for railroad and other
+ objects under acts of Congress, 1,427,457 acres; total amount
+ of lands disposed of within the fiscal year, 25,346,992
+ acres, which is an increase in quantity sold and located
+ under land warrants and grants of 12,231,818 acres over the
+ fiscal year immediately preceding. The quantity of land sold
+ during the second and third quarters of 1852 was 334,451
+ acres; the amount received therefor was $623,687. The
+ quantity sold the second and third quarters of the year 1853
+ was 1,609,919 acres, and the amount received therefor
+ $2,226,876.
+ </p>
+ <p>
+ The whole number of land warrants issued under existing laws
+ prior to the 30th of September last was 266,042, of which
+ there were outstanding at that date 66,947. The quantity of
+ land required to satisfy these outstanding warrants is
+ 4,778,120 acres.
+ </p>
+ <p>
+ Warrants have been issued to 30th of September last under the
+ act of 11th February, 1847, calling for 12,879,280 acres,
+ under acts of September 28, 1850, and March 22, 1852, calling
+ for 12,505,360 acres, making a total of 25,384,640 acres.
+ </p>
+ <p>
+ It is believed that experience has verified the wisdom and
+ justice of the present system with regard to the public
+ domain in most essential particulars.
+ </p>
+ <p>
+ You will perceive from the report of the Secretary of the
+ Interior that opinions which have often been expressed in
+ relation to the operation of the land system as not being a
+ source of revenue to the Federal Treasury were erroneous. The
+ net profits from the sale of the public lands to June 30,
+ 1853, amounted to the sum of $53,289,465.
+ </p>
+ <p>
+ I recommend the extension of the land system over the
+ Territories of Utah and New Mexico, with such modifications
+ as their peculiarities may require.
+ </p>
+ <p>
+ Regarding our public domain as chiefly valuable to provide
+ homes for the industrious and enterprising, I am not prepared
+ to recommend any essential change in the land system, except
+ by modifications in favor of the actual settler and an
+ extension of the preemption principle in certain cases, for
+ reasons and on grounds which will be fully developed in the
+ reports to be laid before you.
+ </p>
+ <p>
+ Congress, representing the proprietors of the territorial
+ domain and charged especially with power to dispose of
+ territory belonging to the United States, has for a long
+ course of years, beginning with the Administration of Mr.
+ Jefferson, exercised the power to construct roads within the
+ Territories, and there are so many and obvious distinctions
+ between this exercise of power and that of making roads
+ within the States that the former has never been considered
+ subject to such objections as apply to the latter; and such
+ may now be considered the settled construction of the power
+ of the Federal Government upon the subject.
+ </p>
+ <p>
+ Numerous applications have been and no doubt will continue to
+ be made for grants of land in aid of the construction of
+ railways. It is not believed to be within the intent and
+ meaning of the Constitution that the power to dispose of the
+ public domain should be used otherwise than might be expected
+ from a prudent proprietor, and therefore that grants of land
+ to aid in the construction of roads should be restricted to
+ cases where it would be for the interest of a proprietor
+ under like circumstances thus to contribute to the
+ construction of these works. For the practical operation of
+ such grants thus far in advancing the interests of the States
+ in which the works are located, and at the same time the
+ substantial interests of all the other States, by enhancing
+ the value and promoting the rapid sale of the public domain,
+ I refer you to the report of the Secretary of the Interior. A
+ careful examination, however, will show that this experience
+ is the result of a just discrimination and will be far from
+ affording encouragement to a reckless or indiscriminate
+ extension of the principle.
+ </p>
+ <p>
+ I commend to your favorable consideration the men of genius
+ of our country who by their inventions and discoveries in
+ science and arts have contributed largely to the improvements
+ of the age without, in many instances, securing for
+ themselves anything like an adequate reward. For many
+ interesting details upon this subject I refer you to the
+ appropriate reports, and especially urge upon your early
+ attention the apparently slight, but really important,
+ modifications of existing laws therein suggested.
+ </p>
+ <p>
+ The liberal spirit which has so long marked the action of
+ Congress in relation to the District of Columbia will, I have
+ no doubt, continue to be manifested.
+ </p>
+ <p>
+ The erection of an asylum for the insane of the District of
+ Columbia and of the Army and Navy of the United States has
+ been somewhat retarded by the great demand for materials and
+ labor during the past summer, but full preparation for the
+ reception of patients before the return of another winter is
+ anticipated; and there is the best reason to believe, from
+ the plan and contemplated arrangements which have been
+ devised, with the large experience furnished within the last
+ few years in relation to the nature and treatment of the
+ disease, that it will prove an asylum indeed to this most
+ helpless and afflicted class of sufferers and stand as a
+ noble monument of wisdom and mercy.
+ </p>
+ <p>
+ Under the acts of Congress of August 31, 1852, and of March
+ 3, 1853, designed to secure for the cities of Washington and
+ Georgetown an abundant supply of good and wholesome water, it
+ became my duty to examine the report and plans of the
+ engineer who had charge of the surveys under the act first
+ named. The best, if not the only, plan calculated to secure
+ permanently the object sought was that which contemplates
+ taking the water from the Great Falls of the Potomac, and
+ consequently I gave to it my approval.
+ </p>
+ <p>
+ For the progress and present condition of this important work
+ and for its demands so far as appropriations are concerned I
+ refer you to the report of the Secretary of War.
+ </p>
+ <p>
+ The present judicial system of the United States has now been
+ in operation for so long a period of time and has in its
+ general theory and much of its details become so familiar to
+ the country and acquired so entirely the public confidence
+ that if modified in any respect it should only be in those
+ particulars which may adapt it to the increased extent,
+ population, and legal business of the United States. In this
+ relation the organization of the courts is now confessedly
+ inadequate to the duties to be performed by them, in
+ consequence of which the States of Florida, Wisconsin, Iowa,
+ Texas, and California, and districts of other States, are in
+ effect excluded from the full benefits of the general system
+ by the functions of the circuit court being devolved on the
+ district judges in all those States or parts of States.
+ </p>
+ <p>
+ The spirit of the Constitution and a due regard to justice
+ require that all the States of the Union should be placed on
+ the same footing in regard to the judicial tribunals. I
+ therefore commend to your consideration this important
+ subject, which in my judgment demands the speedy action of
+ Congress. I will present to you, if deemed desirable, a plan
+ which I am prepared to recommend for the enlargement and
+ modification of the present judicial system.
+ </p>
+ <p>
+ The act of Congress establishing the Smithsonian Institution
+ provided that the President of the United States and other
+ persons therein designated should constitute an
+ "establishment" by that name, and that the members should
+ hold stated and special meetings for the supervision of the
+ affairs of the Institution. The organization not having taken
+ place, it seemed to me proper that it should be effected
+ without delay. This has been done; and an occasion was
+ thereby presented for inspecting the condition of the
+ Institution and appreciating its successful progress thus far
+ and its high promise of great and general usefulness.
+ </p>
+ <p>
+ I have omitted to ask your favorable consideration for the
+ estimates of works of a local character in twenty-seven of
+ the thirty-one States, amounting to $1,754,500, because,
+ independently of the grounds which have so often been urged
+ against the application of the Federal revenue for works of
+ this character, inequality, with consequent injustice, is
+ inherent in the nature of the proposition, and because the
+ plan has proved entirely inadequate to the accomplishment of
+ the objects sought.
+ </p>
+ <p>
+ The subject of internal improvements, claiming alike the
+ interest and good will of all, has, nevertheless, been the
+ basis of much political discussion and has stood as a
+ deep-graven line of division between statesmen of eminent
+ ability and patriotism. The rule of strict construction of
+ all powers delegated by the States to the General Government
+ has arrayed itself from time to time against the rapid
+ progress of expenditures from the National Treasury on works
+ of a local character within the States. Memorable as an epoch
+ in the history of this subject is the message of President
+ Jackson of the 27th of May, 1830, which met the system of
+ internal improvements in its comparative infancy; but so
+ rapid had been its growth that the projected appropriations
+ in that year for works of this character had risen to the
+ alarming amount of more than $100,000,000.
+ </p>
+ <p>
+ In that message the President admitted the difficulty of
+ bringing back the operations of the Government to the
+ construction of the Constitution set up in 1798, and marked
+ it as an admonitory proof of the necessity of guarding that
+ instrument with sleepless vigilance against the authority of
+ precedents which had not the sanction of its most plainly
+ defined powers.
+ </p>
+ <p>
+ Our Government exists under a written compact between
+ sovereign States, uniting for specific objects and with
+ specific grants to their general agent. If, then, in the
+ progress of its administration there have been departures
+ from the terms and intent of the compact, it is and will ever
+ be proper to refer back to the fixed standard which our
+ fathers left us and to make a stern effort to conform our
+ action to it. It would seem that the fact of a principle
+ having been resisted from the first by many of the wisest and
+ most patriotic men of the Republic, and a policy having
+ provoked constant strife without arriving at a conclusion
+ which can be regarded as satisfactory to its most earnest
+ advocates, should suggest the inquiry whether there may not
+ be a plan likely to be crowned by happier results. Without
+ perceiving any sound distinction or intending to assert any
+ principle as opposed to improvements needed for the
+ protection of internal commerce which does not equally apply
+ to improvements upon the seaboard for the protection of
+ foreign commerce, I submit to you whether it may not be
+ safely anticipated that if the policy were once settled
+ against appropriations by the General Government for local
+ improvements for the benefit of commerce, localities
+ requiring expenditures would not, by modes and means clearly
+ legitimate and proper, raise the fund necessary for such
+ constructions as the safety or other interests of their
+ commerce might require.
+ </p>
+ <p>
+ If that can be regarded as a system which in the experience
+ of more than thirty years has at no time so commanded the
+ public judgment as to give it the character of a settled
+ policy; which, though it has produced some works of conceded
+ importance, has been attended with an expenditure quite
+ disproportionate to their value and has resulted in
+ squandering large sums upon objects which have answered no
+ valuable purpose, the interests of all the States require it
+ to be abandoned unless hopes may be indulged for the future
+ which find no warrant in the past.
+ </p>
+ <p>
+ With an anxious desire for the completion of the works which
+ are regarded by all good citizens with sincere interest, I
+ have deemed it my duty to ask at your hands a deliberate
+ reconsideration of the question, with a hope that, animated
+ by a desire to promote the permanent and substantial
+ interests of the country, your wisdom may prove equal to the
+ task of devising and maturing a plan which, applied to this
+ subject, may promise something better than constant strife,
+ the suspension of the powers of local enterprise, the
+ exciting of vain hopes, and the disappointment of cherished
+ expectations.
+ </p>
+ <p>
+ In expending the appropriations made by the last Congress
+ several cases have arisen in relation to works for the
+ improvement of harbors which involve questions as to the
+ right of soil and jurisdiction, and have threatened conflict
+ between the authority of the State and General Governments.
+ The right to construct a breakwater, jetty, or dam would seem
+ necessarily to carry with it the power to protect and
+ preserve such constructions. This can only be effectually
+ done by having jurisdiction over the soil. But no clause of
+ the Constitution is found on which to rest the claim of the
+ United States to exercise jurisdiction over the soil of a
+ State except that conferred by the eighth section of the
+ first article of the Constitution. It is, then, submitted
+ whether, in all cases where constructions are to be erected
+ by the General Government, the right of soil should not first
+ be obtained and legislative provision be made to cover all
+ such cases.
+ </p>
+ <p>
+ For the progress made in the construction of roads within the
+ Territories, as provided for in the appropriations of the
+ last Congress, I refer you to the report of the Secretary of
+ War.
+ </p>
+ <p>
+ There is one subject of a domestic nature which, from its
+ intrinsic importance and the many interesting questions of
+ future policy which it involves, can not fail to receive your
+ early attention. I allude to the means of communication by
+ which different parts of the wide expanse of our country are
+ to be placed in closer connection for purposes both of
+ defense and commercial intercourse, and more especially such
+ as appertain to the communication of those great divisions of
+ the Union which lie on the opposite sides of the Rocky
+ Mountains.
+ </p>
+ <p>
+ That the Government has not been unmindful of this heretofore
+ is apparent from the aid it has afforded through
+ appropriations for mail facilities and other purposes. But
+ the general subject will now present itself under aspects
+ more imposing and more purely national by reason of the
+ surveys ordered by Congress, and now in the process of
+ completion, for communication by railway across the
+ continent, and wholly within the limits of the United States.
+ </p>
+ <p>
+ The power to declare war, to raise and support armies, to
+ provide and maintain a navy, and to call forth the militia to
+ execute the laws, suppress insurrections, and repel invasions
+ was conferred upon Congress as means to provide for the
+ common defense and to protect a territory and a population
+ now widespread and vastly multiplied. As incidental to and
+ indispensable for the exercise of this power, it must
+ sometimes be necessary to construct military roads and
+ protect harbors of refuge. To appropriations by Congress for
+ such objects no sound objection can be raised. Happily for
+ our country, its peaceful policy and rapidly increasing
+ population impose upon us no urgent necessity for
+ preparation, and leave but few trackless deserts between
+ assailable points and a patriotic people ever ready and
+ generally able to protect them. These necessary links the
+ enterprise and energy of our people are steadily and boldly
+ struggling to supply. All experience affirms that wherever
+ private enterprise will avail it is most wise for the General
+ Government to leave to that and individual watchfulness the
+ location and execution of all means of communication.
+ </p>
+ <p>
+ The surveys before alluded to were designed to ascertain the
+ most practicable and economical route for a railroad from the
+ river Mississippi to the Pacific Ocean. Parties are now in
+ the field making explorations, where previous examinations
+ had not supplied sufficient data and where there was the best
+ reason to hope the object sought might be found. The means
+ and time being both limited, it is not to be expected that
+ all the accurate knowledge desired will be obtained, but it
+ is hoped that much and important information will be added to
+ the stock previously possessed, and that partial, if not
+ full, reports of the surveys ordered will be received in time
+ for transmission to the two Houses of Congress on or before
+ the first Monday in February next, as required by the act of
+ appropriation. The magnitude of the enterprise contemplated
+ has aroused and will doubtless continue to excite a very
+ general interest throughout the country. In its political,
+ its commercial, and its military bearings it has varied,
+ great, and increasing claims to consideration. The heavy
+ expense, the great delay, and, at times, fatality attending
+ travel by either of the Isthmus routes have demonstrated the
+ advantage which would result from interterritorial
+ communication by such safe and rapid means as a railroad
+ would supply.
+ </p>
+ <p>
+ These difficulties, which have been encountered in a period
+ of peace, would be magnified and still further increased in
+ time of war. But whilst the embarrassments already
+ encountered and others under new contingencies to be
+ anticipated may serve strikingly to exhibit the importance of
+ such a work, neither these nor all considerations combined
+ can have an appreciable value when weighed against the
+ obligation strictly to adhere to the Constitution and
+ faithfully to execute the powers it confers.
+ </p>
+ <p>
+ Within this limit and to the extent of the interest of the
+ Government involved it would seem both expedient and proper
+ if an economical and practicable route shall be found to aid
+ by all constitutional means in the construction of a road
+ which will unite by speedy transit the populations of the
+ Pacific and Atlantic States. To guard against misconception,
+ it should be remarked that although the power to construct or
+ aid in the construction of a road within the limits of a
+ Territory is not embarrassed by that question of jurisdiction
+ which would arise within the limits of a State, it is,
+ nevertheless, held to be of doubtful power and more than
+ doubtful propriety, even within the limits of a Territory,
+ for the General Government to undertake to administer the
+ affairs of a railroad, a canal, or other similar
+ construction, and therefore that its connection with a work
+ of this character should be incidental rather than primary. I
+ will only add at present that, fully appreciating the
+ magnitude of the subject and solicitous that the Atlantic and
+ Pacific shores of the Republic may be bound together by
+ inseparable ties of common interest, as well as of common
+ fealty and attachment to the Union, I shall be disposed, so
+ far as my own action is concerned, to follow the lights of
+ the Constitution as expounded and illustrated by those whose
+ opinions and expositions constitute the standard of my
+ political faith in regard to the powers of the Federal
+ Government. It is, I trust, not necessary to say that no
+ grandeur of enterprise and no present urgent inducement
+ promising popular favor will lead me to disregard those
+ lights or to depart from that path which experience has
+ proved to be safe, and which is now radiant with the glow of
+ prosperity and legitimate constitutional progress. We can
+ afford to wait, but we can not afford to overlook the ark of
+ our security.
+ </p>
+ <p>
+ It is no part of my purpose to give prominence to any subject
+ which may properly be regarded as set at rest by the
+ deliberate judgment of the people. But while the present is
+ bright with promise and the future full of demand and
+ inducement for the exercise of active intelligence, the past
+ can never be without useful lessons of admonition and
+ instruction. If its dangers serve not as beacons, they will
+ evidently fail to fulfill the object of a wise design. When
+ the grave shall have closed over all who are now endeavoring
+ to meet the obligations of duty, the year 1850 will be
+ recurred to as a period filled with anxious apprehension. A
+ successful war had just terminated. Peace brought with it a
+ vast augmentation of territory. Disturbing questions arose
+ bearing upon the domestic institutions of one portion of the
+ Confederacy and involving the constitutional rights of the
+ States. But notwithstanding differences of opinion and
+ sentiment which then existed in relation to details and
+ specific provisions, the acquiescence of distinguished
+ citizens, whose devotion to the Union can never be doubted,
+ has given renewed vigor to our institutions and restored a
+ sense of repose and security to the public mind throughout
+ the Confederacy. That this repose is to suffer no shock
+ during my official term, if I have power to avert it, those
+ who placed me here may be assured. The wisdom of men who knew
+ what independence cost, who had put all at stake upon the
+ issue of the Revolutionary struggle, disposed of the subject
+ to which I refer in the only way consistent with the Union of
+ these States and with the march of power and prosperity which
+ has made us what we are. It is a significant fact that from
+ the adoption of the Constitution until the officers and
+ soldiers of the Revolution had passed to their graves, or,
+ through the infirmities of age and wounds, had ceased to
+ participate actively in public affairs, there was not merely
+ a quiet acquiescence in, but a prompt vindication of, the
+ constitutional rights of the States. The reserved powers were
+ scrupulously respected. No statesman put forth the narrow
+ views of casuists to justify interference and agitation, but
+ the spirit of the compact was regarded as sacred in the eye
+ of honor and indispensable for the great experiment of civil
+ liberty, which, environed by inherent difficulties, was yet
+ borne forward in apparent weakness by a power superior to all
+ obstacles. There is no condemnation which the voice of
+ freedom will not pronounce upon us should we prove faithless
+ to this great trust. While men inhabiting different parts of
+ this vast continent can no more be expected to hold the same
+ opinions or entertain the same sentiments than every variety
+ of climate or soil can be expected to furnish the same
+ agricultural products, they can unite in a common object and
+ sustain common principles essential to the maintenance of
+ that object. The gallant men of the South and the North could
+ stand together during the struggle of the Revolution; they
+ could stand together in the more trying period which
+ succeeded the clangor of arms. As their united valor was
+ adequate to all the trials of the camp and dangers of the
+ field, so their united wisdom proved equal to the greater
+ task of founding upon a deep and broad basis institutions
+ which it has been our privilege to enjoy and will ever be our
+ most sacred duty to sustain. It is but the feeble expression
+ of a faith strong and universal to say that their sons, whose
+ blood mingled so often upon the same field during the War of
+ 1812 and who have more recently borne in triumph the flag of
+ the country upon a foreign soil, will never permit alienation
+ of feeling to weaken the power of their united efforts nor
+ internal dissensions to paralyze the great arm of freedom,
+ uplifted for the vindication of self-government.
+ </p>
+ <p>
+ I have thus briefly presented such suggestions as seem to me
+ especially worthy of your consideration. In providing for the
+ present you can hardly fail to avail yourselves of the light
+ which the experience of the past casts upon the future.
+ </p>
+ <p>
+ The growth of our population has now brought us, in the
+ destined career of our national history, to a point at which
+ it well behooves us to expand our vision over the vast
+ prospective.
+ </p>
+ <p>
+ The successive decennial returns of the census since the
+ adoption of the Constitution have revealed a law of steady,
+ progressive development, which may be stated in general terms
+ as a duplication every quarter century. Carried forward from
+ the point already reached for only a short period of time, as
+ applicable to the existence of a nation, this law of
+ progress, if unchecked, will bring us to almost incredible
+ results. A large allowance for a diminished proportional
+ effect of emigration would not very materially reduce the
+ estimate, while the increased average duration of human life
+ known to have already resulted from the scientific and
+ hygienic improvements of the past fifty years will tend to
+ keep up through the next fifty, or perhaps hundred, the same
+ ratio of growth which has been thus revealed in our past
+ progress; and to the influence of these causes may be added
+ the influx of laboring masses from eastern Asia to the
+ Pacific side of our possessions, together with the probable
+ accession of the populations already existing in other parts
+ of our hemisphere, which within the period in question will
+ feel with yearly increasing force the natural attraction of
+ so vast, powerful, and prosperous a confederation of
+ self-governing republics and will seek the privilege of being
+ admitted within its safe and happy bosom, transferring with
+ themselves, by a peaceful and healthy process of
+ incorporation, spacious regions of virgin and exuberant soil,
+ which are destined to swarm with the fast-growing and
+ fast-spreading millions of our race.
+ </p>
+ <p>
+ These considerations seem fully to justify the presumption
+ that the law of population above stated will continue to act
+ with undiminished effect through at least the next half
+ century, and that thousands of persons who have already
+ arrived at maturity and are now exercising the rights of
+ freemen will close their eyes on the spectacle of more than
+ 100,000,000 of population embraced within the majestic
+ proportions of the American Union. It is not merely as an
+ interesting topic of speculation that I present these views
+ for your consideration. They have important practical
+ bearings upon all the political duties we are called upon to
+ perform. Heretofore our system of government has worked on
+ what may be termed a miniature scale in comparison with the
+ development which it must thus assume within a future so near
+ at hand as scarcely to be beyond the present of the existing
+ generation.
+ </p>
+ <p>
+ It is evident that a confederation so vast and so varied,
+ both in numbers and in territorial extent, in habits and in
+ interests, could only be kept in national cohesion by the
+ strictest fidelity to the principles of the Constitution as
+ understood by those who have adhered to the most restricted
+ construction of the powers granted by the people and the
+ States. Interpreted and applied according to those
+ principles, the great compact adapts itself with healthy ease
+ and freedom to an unlimited extension of that benign system
+ of federative self-government of which it is our glorious
+ and, I trust, immortal charter. Let us, then, with redoubled
+ vigilance, be on our guard against yielding to the temptation
+ of the exercise of doubtful powers, even under the pressure
+ of the motives of conceded temporary advantage and apparent
+ temporary expediency.
+ </p>
+ <p>
+ The minimum of Federal government compatible with the
+ maintenance of national unity and efficient action in our
+ relations with the rest of the world should afford the rule
+ and measure of construction of our powers under the general
+ clauses of the Constitution. A spirit of strict deference to
+ the sovereign rights and dignity of every State, rather than
+ a disposition to subordinate the States into a provincial
+ relation to the central authority, should characterize all
+ our exercise of the respective powers temporarily vested in
+ us as a sacred trust from the generous confidence of our
+ constituents.
+ </p>
+ <p>
+ In like manner, as a manifestly indispensable condition of
+ the perpetuation of the Union and of the realization of that
+ magnificent national future adverted to, does the duty become
+ yearly stronger and clearer upon us, as citizens of the
+ several States, to cultivate a fraternal and affectionate
+ spirit, language, and conduct in regard to other States and
+ in relation to the varied interests, institutions, and habits
+ of sentiment and opinion which may respectively characterize
+ them. Mutual forbearance, respect, and noninterference in our
+ personal action as citizens and an enlarged exercise of the
+ most liberal principles of comity in the public dealings of
+ State with State, whether in legislation or in the execution
+ of laws, are the means to perpetuate that confidence and
+ fraternity the decay of which a mere political union, on so
+ vast a scale, could not long survive.
+ </p>
+ <p>
+ In still another point of view is an important practical duty
+ suggested by this consideration of the magnitude of
+ dimensions to which our political system, with its
+ corresponding machinery of government, is so rapidly
+ expanding. With increased vigilance does it require us to
+ cultivate the cardinal virtues of public frugality and
+ official integrity and purity. Public affairs ought to be so
+ conducted that a settled conviction shall pervade the entire
+ Union that nothing short of the highest tone and standard of
+ public morality marks every part of the administration and
+ legislation of the General Government. Thus will the federal
+ system, whatever expansion time and progress may give it,
+ continue more and more deeply rooted in the love and
+ confidence of the people.
+ </p>
+ <p>
+ That wise economy which is as far removed from parsimony as
+ from corrupt and corrupting extravagance; that single regard
+ for the public good which will frown upon all attempts to
+ approach the Treasury with insidious projects of private
+ interest cloaked under public pretexts; that sound fiscal
+ administration which, in the legislative department, guards
+ against the dangerous temptations incident to overflowing
+ revenue, and, in the executive, maintains an unsleeping
+ watchfulness against the tendency of all national expenditure
+ to extravagance, while they are admitted elementary political
+ duties, may, I trust, be deemed as properly adverted to and
+ urged in view of the more impressive sense of that necessity
+ which is directly suggested by the considerations now
+ presented.
+ </p>
+ <p>
+ Since the adjournment of Congress the Vice-President of the
+ United States has passed from the scenes of earth, without
+ having entered upon the duties of the station to which he had
+ been called by the voice of his countrymen. Having occupied
+ almost continuously for more than thirty years a seat in one
+ or the other of the two Houses of Congress, and having by his
+ singular purity and wisdom secured unbounded confidence and
+ universal respect, his failing health was watched by the
+ nation with painful solicitude. His loss to the country,
+ under all the circumstances, has been justly regarded as
+ irreparable.
+ </p>
+ <p>
+ In compliance with the act of Congress of March 2, 1853, the
+ oath of office was administered to him on the 24th of that
+ month at Ariadne estate, near Matanzas, in the island of
+ Cuba; but his strength gradually declined, and was hardly
+ sufficient to enable him to return to his home in Alabama,
+ where, on the 18th day of April, in the most calm and
+ peaceful way, his long and eminently useful career was
+ terminated.
+ </p>
+ <p>
+ Entertaining unlimited confidence in your intelligent and
+ patriotic devotion to the public interest, and being
+ conscious of no motives on my part which are not inseparable
+ from the honor and advancement of my country, I hope it may
+ be my privilege to deserve and secure not only your cordial
+ cooperation in great public measures, but also those
+ relations of mutual confidence and regard which it is always
+ so desirable to cultivate between members of coordinate
+ branches of the Government.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SPECIAL MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>December 12, 1853</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In answer to the resolutions of the Senate of the 17th of
+ August, 1852, and 23d of February last, requesting a copy of
+ correspondence relative to the claim on the Government of
+ Portugal in the case of the brig <i>General Armstrong</i>, I
+ transmit a report from the Secretary of State, to whose
+ Department the resolutions were referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 12, 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 treaty of friendship, commerce, and
+ navigation between the United States and Paraguay, concluded
+ on the 4th of March last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 12, 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 treaty for the free navigation of the
+ rivers Parana and Uruguay between the United States and the
+ Argentine Confederation, concluded on the 10th of July last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 12, 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 treaty of friendship, commerce, and
+ navigation between the United States and the Argentine
+ Confederation, concluded on the 27th of July last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 12, 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 convention for the mutual extradition of
+ fugitives from justice in certain cases, concluded at London
+ on the 12th day of September last between the Government of
+ the United States and the Kingdom of Bavaria.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 19, 1853</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit certain documents in answer to the resolution of
+ the Senate of the 6th of April ultimo, requesting information
+ in regard to transactions between Captain Hollins, of the
+ <i>Cyane</i>, and the authorities at San Juan de Nicaragua.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 23, 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 18th
+ January, 1853, in regard to the claims of American citizens
+ against Hayti and to the correspondence of the special agent
+ sent to Hayti and St. Domingo in 1849, I transmit a report
+ from the Secretary of State and the documents by which it is
+ accompanied.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 31, 1853</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-1">1</a> in
+ answer to their resolution of the 12th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON CITY, <i>January 9, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith communicate to the Senate a letter from the
+ Secretary of the Interior, accompanied by a report of the
+ result of an investigation of the charge of fraud and
+ misconduct in office alleged against Alexander Ramsey,
+ superintendent of Indian affairs in Minnesota, which I have
+ caused to be made in compliance with the Senate's resolution
+ of the 5th of April last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 9, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In answer to the resolution of the House of Representatives
+ of the 3d of January, 1854, I have the honor to transmit
+ herewith a letter of the Secretary of the Navy and the
+ papers<a href="#note-2">2</a> accompanying it.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 19, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State,
+ with accompanying documents,<a href="#note-3">3</a> in
+ compliance with the resolution of the House of
+ Representatives of the 3d instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 23, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit to Congress a report of the Secretary of State,
+ together with the set of works illustrative of the exhibition
+ in London of 1851 to which it refers, in order that such
+ disposal may be made of them as may be deemed advisable.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 25, 1854</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-4">4</a> in
+ compliance with a resolution of the Senate of the 23d
+ instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 2, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State,
+ with accompanying documents,<a href="#note-5">5</a> in
+ compliance with the resolution of the House of
+ Representatives of the 30th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE, <i>February 4, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I submit to the Senate herewith, for their constitutional
+ action thereon, a treaty negotiated on the 27th of July,
+ 1853, by Agent Thomas Fitzpatrick, on behalf of the United
+ States, with the Comanche, Kiowa, and Apache Indians
+ inhabiting the territory on the Arkansas River.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE, <i>February 4, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I submit to the Senate herewith, for their constitutional
+ action thereon, two treaties, one negotiated on the 10th day
+ of September, 1853, by Superintendent Joel Palmer and Agent
+ Samuel H. Culver, on the part of the United States, and the
+ chiefs and headmen of the bands of the Rogue River tribe of
+ Indians in Oregon; the other negotiated on the 19th of the
+ same month, on behalf of the Government by the said
+ superintendent, with the chiefs of the Crow Creek band of
+ Umpqua Indians in said Territory.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 6, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State upon the
+ subject of the resolution<a href="#note-6">6</a> of the House
+ of Representatives of the 14th of December last, and
+ recommend that the appropriation therein suggested as being
+ necessary to enable him to comply with the resolution be
+ made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 10, 1854</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 second 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
+ Lardner Gibbon under instructions from the Navy Department.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 10th, 1854</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
+ Mexican Republic, signed by the plenipotentiaries of the
+ parties in the City of Mexico on the 30th of December last.
+ Certain amendments are proposed to the instrument, as
+ hereinafter specified, viz:
+ </p>
+ <p>
+ In order to make the duties and obligations stipulated in the
+ second article reciprocal, it is proposed to add to that
+ article the following:
+ </p>
+ <p class="q">
+ And the Government of Mexico agrees that the stipulations
+ contained in this article to be performed by the United
+ States shall be reciprocal, and Mexico shall be under like
+ obligations to the United States and the citizens thereof as
+ those hereinabove imposed on the latter in favor of the
+ Republic of Mexico and Mexican citizens.
+ </p>
+ <p>
+ It is also recommended that for the third article of the
+ original treaty the following shall be adopted as a
+ substitute:
+ </p>
+ <p class="q">
+ In consideration of the grants received by the United States
+ and the obligations relinquished by the Mexican Republic
+ pursuant to this treaty, the former agree to pay to the
+ latter the sum of $15,000,000 in gold or silver coin at the
+ Treasury at Washington, one-fifth of the amount on the
+ exchange of ratifications of the present treaty at Washington
+ and the remaining four-fifths in monthly installments of
+ three millions each, with interest at the rate of 6 per cent
+ per annum until the whole be paid, the Government of the
+ United States reserving the right to pay up the whole sum of
+ fifteen millions at an earlier date, as may be to it
+ convenient. The United States also agree to assume all the
+ claims of their citizens against the Mexican Republic which
+ may have arisen under treaty or the law of nations since the
+ date of the signature of the treaty of Guadalupe, and the
+ Mexican Republic agrees to exonerate the United States of
+ America from all claims of Mexico or Mexican citizens which
+ may have arisen under treaty or the law of nations since the
+ date of the treaty of Guadalupe, so that each Government, in
+ the most formal and effective manner, shall be exempted and
+ exonerated of all such obligations to each other
+ respectively.
+ </p>
+ <p>
+ I also recommend that the eighth article be modified by
+ striking out all after the word "attempts" in the
+ twenty-third line of that article. The part to be omitted is
+ as follows:
+ </p>
+ <p class="q">
+ They mutually and especially obligate themselves, in all
+ cases of such lawless enterprises which may not have been
+ prevented through the civil authorities before formation, to
+ aid with the naval and military forces, on due notice being
+ given by the aggrieved party of the aggressions of the
+ citizens and subjects of the other, so that the lawless
+ adventurers may be pursued and overtaken on the high seas,
+ their elements of war destroyed, and the deluded captives
+ held responsible in their persons and meet with the merited
+ retribution inflicted by the laws of nations against all such
+ disturbers of the peace and happiness of contiguous and
+ friendly powers. It being understood that in all cases of
+ successful pursuit and capture the delinquents so captured
+ shall be judged and punished by the government of that nation
+ to which the vessel capturing them may belong, conformably to
+ the laws of each nation.
+ </p>
+ <p>
+ At the close of the instrument it will also be advisable to
+ substitute "seventy-eighth" for "seventy-seventh" year of the
+ Independence of the United States.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 13, 1854</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 to the convention for
+ the establishment of international copyright, which was
+ concluded at Washington on the 17th of February, 1853,
+ between the United States of America and Her Britannic
+ Majesty, extending the time limited in that convention for
+ the exchange of the ratifications of the same.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 23, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith a report from the Secretary of State
+ and the documents<a href="#note-7">7</a> therein referred to,
+ in compliance with the resolution of the Senate of the 13th
+ instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 1, 1854</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 documents,<a href="#note-8">8</a> in
+ compliance with their resolution of the 2d ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 1, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In accordance with the resolution of the House of
+ Representatives of the 13th instant, requesting information
+ respecting negotiations with Peru for the removal of
+ restrictions upon the exportation of guano, I transmit
+ herewith a report from the Secretary of State, with the
+ correspondence therein referred to.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 1, 1854</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 23d January last, "that the President
+ of the United States be respectfully requested to furnish
+ this House with copies of all contracts made by and
+ correspondence subsequently with the Chief of the Bureau of
+ Topographical Engineers for furnishing materials of wood and
+ stone for improving the harbors and rivers on Lake Michigan,
+ under and by virtue of the act making appropriations for the
+ improvement of certain harbors and rivers," approved August
+ 30, 1852, I transmit a letter of the Secretary of War
+ submitting a report of the Colonel of Topographical Engineers
+ inclosing copies of the contracts and correspondence called
+ for.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 1, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In answer to the resolution of the Senate of the 7th of
+ December last, requesting me to present to the Senate the
+ plan referred to in my annual message to Congress, and
+ recommended therein, for the enlargement and modification of
+ the present judicial system of the United States, I transmit
+ a report from the Attorney-General, to whom the resolution
+ was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 1, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report of the Attorney-General, in
+ answer to the resolutions of the House of the 22d of
+ December, requesting me to communicate to the House the plan
+ for the modification and enlargement of the judicial system
+ of the United States, recommended in my annual message to
+ Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 7, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State and
+ the documents<a href="#note-9">9</a> therein referred to, in
+ answer to the resolution of the Senate of the 26th March,
+ 1853.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 7, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State and
+ the documents<a href="#note-10">10</a> therein referred to,
+ in answer to the resolution of the Senate in executive
+ session of the 3d January, 1854.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 11, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith to the Senate a report of the Secretary
+ of State, with accompanying documents,<a href=
+ "#note-11">11</a> in compliance with their resolution of the
+ 9th of March, 1853.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 14, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In transmitting to the Senate the report of the Secretary of
+ State, together with the documents therein referred to, being
+ the correspondence called for by the resolution of that body
+ of the 9th of January last, I deem it proper to state briefly
+ the reasons which have deterred me from sending to the Senate
+ for ratification the proposed convention between the United
+ States of America and the United Mexican States, concluded by
+ the respective plenipotentiaries of the two Governments on
+ the 21st day of March, 1853, on the subject of a transit way
+ across the Isthmus of Tehuantepec.
+ </p>
+ <p>
+ Without adverting to the want of authority on the part of the
+ American minister to conclude any such convention, or to the
+ action of this Government in relation to the rights of
+ certain of its citizens under the grant for a like object
+ originally made to Jos&egrave; Garay, the objections to it
+ upon its face are numerous, and should, in my judgment, be
+ regarded as conclusive.
+ </p>
+ <p>
+ Prominent among these objections is the fact that the
+ convention binds us to a foreign Government, to guarantee the
+ contract of a private company with that Government for the
+ construction of the contemplated transit way, "to protect the
+ persons engaged and property employed in the construction of
+ the said work from the commencement thereof to its completion
+ against all confiscation, spoliation, or violence of
+ whatsoever nature," and to guarantee the entire security of
+ the capital invested therein during the continuance of the
+ contract. Such is the substance of the second and third
+ articles.
+ </p>
+ <p>
+ Hence it will be perceived that the obligations which this
+ Government is asked to assume are not to terminate in a few
+ years, or even with the present generation.
+ </p>
+ <p>
+ And again: "If the regulations which may be prescribed
+ concerning the traffic on said transit way shall be clearly
+ contrary to the spirit and intention of this convention,"
+ even then this Government is not to be at liberty to withdraw
+ its "protection and guaranty" without first giving one year's
+ notice to the Mexican Government.
+ </p>
+ <p>
+ When the fact is duly considered that the responsibility of
+ this Government is thus pledged for a long series of years to
+ the interests of a private company established for purposes
+ of internal improvement, in a foreign country, and that
+ country peculiarly subject to civil wars and other public
+ vicissitudes, it will be seen how comprehensive and
+ embarrassing would be those engagements to the Government of
+ the United States.
+ </p>
+ <p>
+ Not less important than this objection is the consideration
+ that the United States can not agree to the terms of this
+ convention without disregarding the provisions of the eighth
+ article of the convention which this Government entered into
+ with Great Britain on April 19, 1850, which expressly
+ includes any interoceanic communication whatever by the
+ Isthmus of Tehuantepec. However inconvenient may be the
+ conditions of that convention, still they exist, and the
+ obligations of good faith rest alike upon the United States
+ and Great Britain.
+ </p>
+ <p>
+ Without enlarging upon these and other questionable features
+ of the proposed convention which will suggest themselves to
+ your minds, I will only add that after the most careful
+ consideration I have deemed it my duty not to ask for its
+ ratification by the Senate.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 15, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the House of
+ Representatives of the 10th instant, I herewith transmit a
+ report of the Secretary of State, containing all the
+ information received at the Department in relation to the
+ seizure of the <i>Black Warrior</i> at Havana on the 28th
+ ultimo.
+ </p>
+ <p>
+ There have been in the course of a few years past many other
+ instances of aggression upon our commerce, violations of the
+ rights of American citizens, and insults to the national flag
+ by the Spanish authorities in Cuba, and all attempts to
+ obtain redress have led to protracted, and as yet fruitless,
+ negotiations.
+ </p>
+ <p>
+ The documents in these cases are voluminous, and when
+ prepared will be sent to Congress.
+ </p>
+ <p>
+ Those now transmitted relate exclusively to the seizure of
+ the <i>Black Warrior</i>, and present so clear a case of
+ wrong that it would be reasonable to expect full indemnity
+ therefor as soon as this unjustifiable and offensive conduct
+ shall be made known to Her Catholic Majesty's Government; but
+ similar expectations in other cases have not been realized.
+ </p>
+ <p>
+ The offending party is at our doors with large powers for
+ aggression, but none, it is alleged, for reparation. The
+ source of redress is in another hemisphere, and the answers
+ to our just complaints made to the home Government are but
+ the repetition of excuses rendered by inferior officials to
+ their superiors in reply to representations of misconduct.
+ The peculiar situation of the parties has undoubtedly much
+ aggravated the annoyances and injuries which our citizens
+ have suffered from the Cuban authorities, and Spain does not
+ seem to appreciate to its full extent her responsibility for
+ the conduct of these authorities. In giving very
+ extraordinary powers to them she owes it to justice and to
+ her friendly relations with this Government to guard with
+ great vigilance against the exorbitant exercise of these
+ powers, and in case of injuries to provide for prompt
+ redress.
+ </p>
+ <p>
+ I have already taken measures to present to the Government of
+ Spain the wanton injury of the Cuban authorities in the
+ detention and seizure of the <i>Black Warrior</i>, and to
+ demand immediate indemnity for the injury which has thereby
+ resulted to our citizens.
+ </p>
+ <p>
+ In view of the position of the island of Cuba, its proximity
+ to our coast, the relations which it must ever bear to our
+ commercial and other interests, it is vain to expect that a
+ series of unfriendly acts infringing our commercial rights
+ and the adoption of a policy threatening the honor and
+ security of these States can long consist with peaceful
+ relations.
+ </p>
+ <p>
+ In case the measures taken for amicable adjustment of our
+ difficulties with Spain should, unfortunately, fail, I shall
+ not hesitate to use the authority and means which Congress
+ may grant to insure the observance of our just rights, to
+ obtain redress for injuries received, and to vindicate the
+ honor of our flag.
+ </p>
+ <p>
+ In anticipation of that contingency, which I earnestly hope
+ may not arise, I suggest to Congress the propriety of
+ adopting such provisional measures as the exigency may seem
+ to demand.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, March 17, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate to the Senate herewith, for its constitutional
+ action, two treaties recently negotiated by the Commissioner
+ of Indian Affairs, as commissioner on the part of the United
+ States, with the delegates now at the seat of Government
+ representing the confederated tribes of Otoes and Missourias
+ and the Omaha Indians, for the extinguishment of their titles
+ to lands west of the Missouri River.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, March 18. 1854</i>.
+ </p>
+ <p>
+ Hon. LINN BOYD,<br>
+ <i>Speaker of the House of Representatives</i>.
+ </p>
+ <p>
+ SIR: I transmit to you herewith a report of the present date
+ from the Secretary of the Interior, accompanied by a tabular
+ statement containing the information<a href="#note-12">12</a>
+ called for by resolution of the House of Representatives
+ adopted the 13th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 21, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In answer to the resolution of the Senate of the 15th
+ instant, adopted in executive session, I transmit
+ confidentially a report from the Secretary of State and the
+ documents<a href="#note-13">13</a> by which it was
+ accompanied. Pursuant to the suggestion in the report, it is
+ desirable that such of the papers as may be originals should
+ be returned to the Department of State.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>March 25, 1854</i>.
+ </p>
+ <p>
+ Hon. LENN BOYD,<br>
+ <i>Speaker of the House of Representatives</i>:
+ </p>
+ <p>
+ I communicate to the House of Representatives herewith a
+ report from the Secretary of the Interior, dated the 24th
+ instant, containing so much of the information called for by
+ the resolution of the 17th instant as it is practicable or
+ compatible with the public interest to furnish at the present
+ time, respecting the proceedings which have been had and
+ negotiations entered into for the extinguishment of the
+ Indian titles to lands west of the States of Missouri and
+ Iowa.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 29, 1854</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, adopted in executive session, relative to the claims
+ of the Mexican Government and of citizens of the Mexican
+ Republic on this Government, and of citizens of the United
+ States on the Government of that Republic, I transmit a
+ report from the Secretary of State, to whom the resolution
+ was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 31, 1854</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 confidential communication of
+ information touching the expedition under the authority of
+ this Government for the purpose of opening trade with Japan,
+ I transmit a report from the Secretary of State, to whom the
+ resolution was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, D.C., <i>April 1, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith the report of the Secretary of State in
+ reply to the resolution of the Senate of the 27th ultimo.
+ </p>
+ <p>
+ That part of the document which purports to recite my
+ official instructions is strictly correct; that which is
+ avowedly unofficial and unauthorized, it can hardly be
+ necessary for me to say, in view of the documents already
+ before the Senate, does not convey a correct impression of my
+ "views and wishes."
+ </p>
+ <p>
+ At no time after an intention was entertained of sending Mr.
+ Ward as special agent to Mexico was either the Garay grant or
+ the convention entered into by Mr. Conkling alluded to
+ otherwise than as subjects which might embarrass the
+ negotiation of the treaty, and were consequently not included
+ in the instructions.
+ </p>
+ <p>
+ While the departure of Mr. Ward, under any circumstances or
+ in any respect, from the instructions committed to him is a
+ matter of regret, it is just to say that, although he failed
+ to convey in his letter to General Gadsden the correct import
+ of remarks made by me anterior to his appointment as special
+ agent, I impute to him no design of misrepresentation.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 5, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit to the Senate a report of the Secretary of State,
+ with accompanying documents,<a href="#note-14">14</a> in
+ compliance with their resolution of the 14th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 5, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith to the House of Representatives a report
+ of the Secretary of State, with accompanying
+ documents,<a href="#note-15">15</a> in further compliance
+ with their resolution of the 10th of March, 1854.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 5, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report<a href="#note-16">16</a> from
+ the Secretary of State, in answer to the resolution of the
+ Senate in executive session of the 3d instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 8, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith to the House of Representatives a
+ report<a href="#note-17">17</a> of the Secretary of State, in
+ answer to their resolution of the 3d instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 10, 1854</i>
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate to the Senate herewith a communication from the
+ Secretary of the Interior, accompanied by the articles of a
+ convention recently entered into for an exchange of country
+ for the future residence of the Winnebago Indians, and
+ recommend their ratification with the amendment suggested by
+ the Secretary of the Interior.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 11, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report<a href="#note-18">18</a> from
+ the Secretary of State, in reply to the Senate's resolution
+ of yesterday passed in executive session.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 12, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State,
+ with accompanying documents,<a href="#note-19">19</a> in
+ compliance with the resolution of the House of
+ Representatives of the 4th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 13, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report<a href="#note-20">20</a> from
+ the Secretary of State, in reply to the resolution of the
+ Senate adopted in executive session yesterday.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 24, 1854</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
+ Attorney-General, suggesting modifications in the manner of
+ conducting the legal business of the Government, which are
+ respectfully commended to your favorable consideration.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <center>
+ [The same message was also addressed to the Speaker of the
+ House of Representatives.]
+ </center>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 27, 1834</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit to Congress a copy of a correspondence between the
+ Secretary of State and Her Britannic Majesty's minister
+ accredited to this Government, and between the Secretary of
+ State and the Secretary of the Treasury, relative to the
+ expediency of further measures for the safety, health, and
+ comfort of immigrants to the United States by sea. As it is
+ probable that further legislation may be necessary for the
+ purpose of securing those desirable objects, I commend the
+ subject to the consideration of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 2, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit the report<a href="#note-21">21</a> of the
+ Secretary of State in compliance with a resolution of the
+ House of Representatives of the 5th ultimo.
+ </p>
+ <p>
+ It is presumed that the omission from the resolution of the
+ usual clause giving the Executive a discretion in its answer
+ was accidental, and as there does not appear to be anything
+ in the accompanying papers which upon public considerations
+ should require them to be withheld, they are communicated
+ accordingly.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 5, 1854</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-22">22</a> in
+ compliance with the resolution of the Senate of the 12th
+ ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 5, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report<a href="#note-23">23</a> from
+ the Secretary of State, together with the documents therein
+ referred to, in compliance with the resolution of the Senate
+ of the 12th January last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 11, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-24">24</a> in answer to
+ the resolution of the House of Representatives of the 1st
+ instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 20, 1854</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-25">25</a> in
+ compliance with the Senate's resolution of the 30th of
+ January last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 23, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, on the
+ subject of documents<a href="#note-26">26</a> called for by
+ the resolution of the Senate of the 9th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 25, 1854</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, four several treaties recently negotiated in
+ this city by George W. Manypenny, as commissioner on the part
+ of the United States, with the delegates of the Delaware,
+ Ioway, Kickapoo, and Sac and Fox tribes of Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 29, 1854</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, a treaty negotiated on the 12th instant at
+ the Falls of Wolf River, in Wisconsin, by Francis
+ Huebschmann, superintendent of Indian affairs for the
+ northern superintendency, and the Menomonee Indians, by the
+ chiefs, headmen, and warriors of that tribe.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 30, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State,
+ with accompanying documents,<a href="#note-27">27</a> in
+ compliance with the resolution of the House of
+ Representatives of the 20th December last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 12, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-28">28</a> in answer to
+ the resolution of the House of Representatives of the 24th of
+ April last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 19, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State,
+ with accompanying documents,<a href="#note-29">29</a> in
+ compliance with the resolution of the House of
+ Representatives of the 30th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 20, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I have received information that the Government of Mexico has
+ agreed to the several amendments proposed by the Senate to
+ the treaty between the United States and the Republic of
+ Mexico signed on the 30th of December last, and has
+ authorized its envoy extraordinary to this Government to
+ exchange the ratifications thereof. The time within which the
+ ratifications can be exchanged will expire on the 30th
+ instant.
+ </p>
+ <p>
+ There is a provision in the treaty for the payment by the
+ United States to Mexico of the sum of $7,000,000 on the
+ exchange of ratifications and the further sum of $3,000,000
+ when the boundaries of the ceded territory shall be settled.
+ </p>
+ <p>
+ To be enabled to comply with the stipulation according to the
+ terms of the treaty relative to the payments therein
+ mentioned, it will be necessary that Congress should make an
+ appropriation of $7,000,000 for that purpose before the 30th
+ instant, and also the further sum of $3,000,000, to be paid
+ when the boundaries shall be established.
+ </p>
+ <p>
+ I therefore respectfully request that these sums may be put
+ at the disposal of the Executive.
+ </p>
+ <p>
+ I herewith transmit to the House of Representatives a copy of
+ the said treaty.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 20, 1854</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 extending the right of fishing and
+ regulating the commerce and navigation between Her Britannic
+ Majesty's possessions in North America and the United States,
+ concluded in this city on the 5th instant between the United
+ States and Her Britannic Majesty.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 24, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit to Congress the copy of two communications of the
+ 26th ultimo and 4th instant, respectively, from Her Britannic
+ Majesty's minister accredited to this Government to the
+ Secretary of State, relative to the health on shipboard of
+ immigrants from foreign countries to the United States. This
+ was the subject of my message to Congress of the 27th of
+ April last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON CITY, <i>June 29, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith communicate to the Senate, for its constitutional
+ action thereon, three treaties recently negotiated in this
+ city by George W. Manypenny, as commissioner on the part of
+ the United States; one concluded on the 19th ultimo with the
+ delegates of the Shawnee Indians, one on the 5th instant with
+ the Miami Indians, and the other on the 30th ultimo with the
+ united tribes of Kaskaskia and Peoria and Wea and Piankeshaw
+ Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 3, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith to the Senate, for its constitutional
+ action thereon, an article of agreement made on the 13th day
+ of June, 1854, by William H. Garrett, agent on the part of
+ the United States, and a delegation of Creek Indians,
+ supplementary to the Creek treaty of 1838.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 5, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 1st
+ instant, I herewith return the articles of convention made
+ and concluded with the Winnebago Indians on the 6th of
+ August, 1853, together with the Senate resolution of the 9th
+ ultimo, advising and consenting to the ratification of the
+ same with amendments.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 12, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith the inclosed communication from the
+ Secretary of the Navy, respecting the observations of
+ Lieutenant James M. Gillis, of the United States Navy, and
+ the accompanying documents.<a href="#note-30">30</a>
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 12, 1854</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
+ Empire of Japan, signed at Kanagawa on the 31st day of March
+ last by the plenipotentiaries of the two Governments. The
+ Chinese and Dutch translations of the instrument and the
+ chart and sketch to which it refers are also herewith
+ communicated.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 17, 1854</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
+ Her Britannic Majesty for the extension of the period limited
+ for the duration of the mixed commission under convention
+ between the United States and Great Britain of the 8th of
+ February, 1853.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 19, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-31">31</a> in answer to
+ the resolution of the House of Representatives of the 6th of
+ February last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 22, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I have this day given my signature to the "Act making further
+ appropriations for the improvement of the Cape Fear River, in
+ North Carolina."
+ </p>
+ <p>
+ The occasion seems to render it proper for me to deviate from
+ the ordinary course of announcing the approval of bills by an
+ oral statement only, and, for the purpose of preventing any
+ misapprehension which might otherwise arise from the
+ phraseology of this act, to communicate in writing that my
+ approval is given to it on the ground that the obstructions
+ which the proposed appropriation is intended to remove are
+ the result of acts of the General Government.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 24, 1854</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 concerning the rights of
+ neutrals, concluded in this city on the 22d instant between
+ the United States and His Majesty the Emperor of all the
+ Russias.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 26, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, in answer to
+ the resolution of the Senate of the 23d of May last, relative
+ to the slave trade in the island of Cuba.
+ </p>
+ <p>
+ The information contained in the papers accompanying the
+ report will, it is believed, be considered important, and
+ perhaps necessary to enable the Senate to form an opinion
+ upon the subjects to which they relate; but doubts may be
+ entertained in regard to the expediency of publishing some of
+ the documents at this juncture.
+ </p>
+ <p>
+ This communication is accordingly addressed to the Senate in
+ executive session, in order that a discretion may be
+ exercised in regard to its publication.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 27, 1854</i>.
+ </p>
+ <p>
+ The PRESIDENT OF THE SENATE:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 24th
+ instant, requesting me to cause to be transmitted to the
+ Senate the Fourth Meteorological Report of Professor Espy,
+ the accompanying papers and charts are respectfully
+ submitted.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the Senate resolution of the 10th July
+ instant, requesting that I would "cause to be communicated to
+ the Senate copies of all the correspondence and other
+ official documents on file in the Department of the Interior
+ respecting the claims of persons for services performed and
+ supplies and subsistence furnished to Indians in California
+ under contracts with Indian agents in the year 1851, and
+ embracing the names of claimants, the amount, respectively,
+ of their claims, on what account created and by what
+ authority, if any," I transmit herewith a communication from
+ the Secretary of the Interior, accompanied by copies of all
+ the papers called for which have not heretofore been
+ furnished. As it appears that most of the papers called for
+ were communicated to the Senate at its first and special
+ sessions of the Thirty-second Congress, I have not supposed
+ that it was the intention of the Senate to have them again
+ sent, and I have therefore not directed them to be copied.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 31, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 28th
+ instant, requesting information in respect to the bombardment
+ of San Juan de Nicaragua, I transmit reports from the
+ Secretaries of State and of the Navy, with the documents
+ which accompanied them.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 31, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In answer to the resolution of the House of Representatives
+ of the 28th instant, requesting information in regard to the
+ destruction of San Juan de Nicaragua, I transmit reports from
+ the Secretaries of State and of the Navy, with the documents
+ accompanying them.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 1, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I hasten to respond briefly to the resolution of the Senate
+ of this date, "requesting the President to inform the Senate,
+ if in his opinion it be not incompatible with the public
+ interest, whether anything has arisen since the date of his
+ message to the House of Representatives of the 15th of March
+ last concerning our relations with the Government of Spain
+ which in his opinion may dispense with the suggestions
+ therein contained touching the propriety of 'provisional
+ measures' by Congress to meet any exigency that may arise in
+ the recess of Congress affecting those relations."
+ </p>
+ <p>
+ In the message to the House of Representatives referred to I
+ availed myself of the occasion to present the following
+ reflections and suggestions:
+ </p>
+ <p class="q">
+ In view of the position of the island of Cuba, its proximity
+ to our coast, the relations which it must ever bear to our
+ commercial and other interests, it is vain to expect that a
+ series of unfriendly acts infringing our commercial rights
+ and the adoption of a policy threatening the honor and
+ security of these States can long consist with peaceful
+ relations.
+ </p>
+ <p class="q">
+ In case the measures taken for amicable adjustment of our
+ difficulties with Spain should, unfortunately, fail, I shall
+ not hesitate to use the authority and means which Congress
+ may grant to insure the observance of our just rights, to
+ obtain redress for injuries received, and to vindicate the
+ honor of our flag.
+ </p>
+ <p class="q">
+ In anticipation of that contingency, which I earnestly hope
+ may not arise, I suggest to Congress the propriety of
+ adopting such provisional measures as the exigency may seem
+ to demand.
+ </p>
+ <p>
+ The two Houses of Congress may have anticipated that the hope
+ then expressed would be realized before the period of its
+ adjournment, and that our relations with Spain would have
+ assumed a satisfactory condition, so as to remove past causes
+ of complaint and afford better security for tranquillity and
+ justice in the future. But I am constrained to say that such
+ is not the fact. The formal demand for immediate reparation
+ in the case of the <i>Black Warrior</i>, instead of having
+ been met on the part of Spain by prompt satisfaction, has
+ only served to call forth a justification of the local
+ authorities of Cuba, and thus to transfer the responsibility
+ for their acts to the Spanish Government itself.
+ </p>
+ <p>
+ Meanwhile information, not only reliable in its nature, but
+ of an official character, was received to the effect that
+ preparation was making within the limits of the United States
+ by private individuals under military organization for a
+ descent upon the island of Cuba with a view to wrest that
+ colony from the dominion of Spain. International comity, the
+ obligations of treaties, and the express provisions of law
+ alike required, in my judgment, that all the constitutional
+ power of the Executive should be exerted to prevent the
+ consummation of such a violation of positive law and of that
+ good faith on which mainly the amicable relations of
+ neighboring nations must depend. In conformity with these
+ convictions of public duty, a proclamation was issued to warn
+ all persons not to participate in the contemplated enterprise
+ and to invoke the interposition in this behalf of the proper
+ officers of the Government. No provocation whatever can
+ justify private expeditions of hostility against a country at
+ peace with the United States. The power to declare war is
+ vested by the Constitution in Congress, and the experience of
+ our past history leaves no room to doubt that the wisdom of
+ this arrangement of constitutional power will continue to be
+ verified whenever the national interest and honor shall
+ demand a resort to ultimate measures of redress. Pending
+ negotiations by the Executive, and before the action of
+ Congress, individuals could not be permitted to embarrass the
+ operations of the one and usurp the powers of the other of
+ these depositaries of the functions of Government.
+ </p>
+ <p>
+ I have only to add that nothing has arisen since the date of
+ my former message to "dispense with the suggestions therein
+ contained touching the propriety of provisional measures by
+ Congress."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 2, 1854</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-32">32</a> in
+ answer to the resolution of the Senate of the 5th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 2, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I herewith transmit to you a copy of a treaty between the
+ United States and Great Britain, negotiated at Washington on
+ the 5th of June last. It has been concurred in by the Senate,
+ and I have no doubt that the ratifications of it will be soon
+ exchanged. It will be observed that by the provision of the
+ fifth article the treaty does not go into operation until
+ after legislation thereon by the respective parties.
+ </p>
+ <p>
+ Should Congress at its present session pass the requisite law
+ on the part of the United States to give effect to its
+ stipulations, the fishing grounds on the coasts of the
+ British North American Provinces, from which our fishermen
+ have been heretofore excluded, may be opened to them during
+ the present season, and apprehended collisions between them
+ and British fishermen avoided.
+ </p>
+ <p>
+ For this reason and for the purpose of securing to the
+ citizens of the United States at the earliest practicable
+ period other advantages which it is believed they will derive
+ from this treaty, I recommend the passage by Congress at the
+ present session of such a law as is necessary on the part of
+ the United States to give effect to its provisions.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ VETO MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>May 3, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ The bill entitled "An act making a grant of public lands to
+ the several States for the benefit of indigent insane
+ persons," which was presented to me on the 27th ultimo, has
+ been maturely considered, and is returned to the Senate, the
+ House in which it originated, with a statement of the
+ objections which have required me to withhold from it my
+ approval.
+ </p>
+ <p>
+ In the performance of this duty, prescribed by the
+ Constitution, I have been compelled to resist the deep
+ sympathies of my own heart in favor of the humane purpose
+ sought to be accomplished and to overcome the reluctance with
+ which I dissent from the conclusions of the two Houses of
+ Congress, and present my own opinions in opposition to the
+ action of a coordinate branch of the Government which
+ possesses so fully my confidence and respect.
+ </p>
+ <p>
+ If in presenting my objections to this bill I should say more
+ than strictly belongs to the measure or is required for the
+ discharge of my official obligation, let it be attributed to
+ a sincere desire to justify my act before those whose good
+ opinion I so highly value and to that earnestness which
+ springs from my deliberate conviction that a strict adherence
+ to the terms and purposes of the federal compact offers the
+ best, if not the only, security for the preservation of our
+ blessed inheritance of representative liberty.
+ </p>
+ <p>
+ The bill provides in substance:
+ </p>
+ <p>
+ First. That 10,000,000 acres of land be granted to the
+ several States, to be apportioned among them in the compound
+ ratio of the geographical area and representation of said
+ States in the House of Representatives.
+ </p>
+ <p>
+ Second. That wherever there are public lands in a State
+ subject to sale at the regular price of private entry, the
+ proportion of said 10,000,000 acres falling to such State
+ shall be selected from such lands within it, and that to the
+ States in which there are no such public lands land scrip
+ shall be issued to the amount of their distributive shares,
+ respectively, said scrip not to be entered by said States,
+ but to be sold by them and subject to entry by their
+ assignees: <i>Provided</i>, That none of it shall be sold at
+ less than $1 per acre, under penalty of forfeiture of the
+ same to the United States.
+ </p>
+ <p>
+ Third. That the expenses of the management and
+ superintendence of said lands and of the moneys received
+ therefrom shall be paid by the States to which they may
+ belong out of the treasury of said States.
+ </p>
+ <p>
+ Fourth. That the gross proceeds of the sales of such lands or
+ land scrip so granted shall be invested by the several States
+ in safe stocks, to constitute a perpetual fund, the principal
+ of which shall remain forever undiminished, and the interest
+ to be appropriated to the maintenance of the indigent insane
+ within the several States.
+ </p>
+ <p>
+ Fifth. That annual returns of lands or scrip sold shall be
+ made by the States to the Secretary of the Interior, and the
+ whole grant be subject to certain conditions and limitations
+ prescribed in the bill, to be assented to by legislative acts
+ of said States.
+ </p>
+ <p>
+ This bill therefore proposes that the Federal Government
+ shall make provision to the amount of the value of 10,000,000
+ acres of land for an eleemosynary object within the several
+ States, to be administered by the political authority of the
+ same; and it presents at the threshold the question whether
+ any such act on the part of the Federal Government is
+ warranted and sanctioned by the Constitution, the provisions
+ and principles of which are to be protected and sustained as
+ a first and paramount duty.
+ </p>
+ <p>
+ It can not be questioned that if Congress has power to make
+ provision for the indigent insane without the limits of this
+ District it has the same power to provide for the indigent
+ who are not insane, and thus to transfer to the Federal
+ Government the charge of all the poor in all the States. It
+ has the same power to provide hospitals and other local
+ establishments for the care and cure of every species of
+ human infirmity, and thus to assume all that duty of either
+ public philanthropy or public necessity to the dependent, the
+ orphan, the sick, or the needy which is now discharged by the
+ States themselves or by corporate institutions or private
+ endowments existing under the legislation of the States. The
+ whole field of public beneficence is thrown open to the care
+ and culture of the Federal Government. Generous impulses no
+ longer encounter the limitations and control of our imperious
+ fundamental law; for however worthy may be the present object
+ in itself, it is only one of a class. It is not exclusively
+ worthy of benevolent regard. Whatever considerations dictate
+ sympathy for this particular object apply in like manner, if
+ not in the same degree, to idiocy, to physical disease, to
+ extreme destitution. If Congress may and ought to provide for
+ any one of these objects, it may and ought to provide for
+ them all. And if it be done in this case, what answer shall
+ be given when Congress shall be called upon, as it doubtless
+ will be, to pursue a similar course of legislation in the
+ others? It will obviously be vain to reply that the object is
+ worthy, but that the application has taken a wrong direction.
+ The power will have been deliberately assumed, the general
+ obligation will by this act have been acknowledged, and the
+ question of means and expediency will alone be left for
+ consideration. The decision upon the principle in any one
+ case determines it for the whole class. The question
+ presented, therefore, clearly is upon the constitutionality
+ and propriety of the Federal Government assuming to enter
+ into a novel and vast field of legislation, namely, that of
+ providing for the care and support of all those among the
+ people of the United States who by any form of calamity
+ become fit objects of public philanthropy.
+ </p>
+ <p>
+ I readily and, I trust, feelingly acknowledge the duty
+ incumbent on us all as men and citizens, and as among the
+ highest and holiest of our duties, to provide for those who,
+ in the mysterious order of Providence, are subject to want
+ and to disease of body or mind; but I can not find any
+ authority in the Constitution for making the Federal
+ Government the great almoner of public charity throughout the
+ United States. To do so would, in my judgment, be contrary to
+ the letter and spirit of the Constitution and subversive of
+ the whole theory upon which the Union of these States is
+ founded. And if it were admissible to contemplate the
+ exercise of this power for any object whatever, I can not
+ avoid the belief that it would in the end be prejudicial
+ rather than beneficial in the noble offices of charity to
+ have the charge of them transferred from the States to the
+ Federal Government. Are we not too prone to forget that the
+ Federal Union is the creature of the States, not they of the
+ Federal Union? We were the inhabitants of colonies distinct
+ in local government one from the other before the Revolution.
+ By that Revolution the colonies each became an independent
+ State. They achieved that independence and secured its
+ recognition by the agency of a consulting body, which, from
+ being an assembly of the ministers of distinct sovereignties
+ instructed to agree to no form of government which did not
+ leave the domestic concerns of each State to itself, was
+ appropriately denominated a Congress. When, having tried the
+ experiment of the Confederation, they resolved to change that
+ for the present Federal Union, and thus to confer on the
+ Federal Government more ample authority, they scrupulously
+ measured such of the functions of their cherished sovereignty
+ as they chose to delegate to the General Government. With
+ this aim and to this end the fathers of the Republic framed
+ the Constitution, in and by which the independent and
+ sovereign States united themselves for certain specified
+ objects and purposes, and for those only, leaving all powers
+ not therein set forth as conferred on one or another of the
+ three great departments&mdash;the legislative, the executive,
+ and the judicial&mdash;indubitably with the States. And when
+ the people of the several States had in their State
+ conventions, and thus alone, given effect and force to the
+ Constitution, not content that any doubt should in future
+ arise as to the scope and character of this act, they
+ ingrafted thereon the explicit declaration that "the powers
+ not delegated to the United States by the Constitution nor
+ prohibited by it to the States are reserved to the States
+ respectively or to the people." Can it be controverted that
+ the great mass of the business of Government&mdash;that
+ involved in the social relations, the internal arrangements
+ of the body politic, the mental and moral culture of men, the
+ development of local resources of wealth, the punishment of
+ crimes in general, the preservation of order, the relief of
+ the needy or otherwise unfortunate members of
+ society&mdash;did in practice remain with the States; that
+ none of these objects of local concern are by the
+ Constitution expressly or impliedly prohibited to the States,
+ and that none of them are by any express language of the
+ Constitution transferred to the United States? Can it be
+ claimed that any of these functions of local administration
+ and legislation are vested in the Federal Government by any
+ implication? I have never found anything in the Constitution
+ which is susceptible of such a construction. No one of the
+ enumerated powers touches the subject or has even a remote
+ analogy to it. The powers conferred upon the United States
+ have reference to federal relations, or to the means of
+ accomplishing or executing things of federal relation. So
+ also of the same character are the powers taken away from the
+ States by enumeration. In either case the powers granted and
+ the powers restricted were so granted or so restricted only
+ where it was requisite for the maintenance of peace and
+ harmony between the States or for the purpose of protecting
+ their common interests and defending their common sovereignty
+ against aggression from abroad or insurrection at home.
+ </p>
+ <p>
+ I shall not discuss at length the question of power sometimes
+ claimed for the General Government under the clause of the
+ eighth section of the Constitution, which gives Congress the
+ power "to lay and collect taxes, duties, imposts, and
+ excises, to pay debts and provide for the common defense and
+ general welfare of the United States," because if it has not
+ already been settled upon sound reason and authority it never
+ will be. I take the received and just construction of that
+ article, as if written to lay and collect taxes, duties,
+ imposts, and excises <i>in order</i> to pay the debts and
+ <i>in order</i> to provide for the common defense and general
+ welfare. It is not a substantive general power to provide for
+ the welfare of the United States, but is a limitation on the
+ grant of power to raise money by taxes, duties, and imposts.
+ If it were otherwise, all the rest of the Constitution,
+ consisting of carefully enumerated and cautiously guarded
+ grants of specific powers, would have been useless, if not
+ delusive. It would be impossible in that view to escape from
+ the conclusion that these were inserted only to mislead for
+ the present, and, instead of enlightening and defining the
+ pathway of the future, to involve its action in the mazes of
+ doubtful construction. Such a conclusion the character of the
+ men who framed that sacred instrument will never permit us to
+ form. Indeed, to suppose it susceptible of any other
+ construction would be to consign all the rights of the States
+ and of the people of the States to the mere discretion of
+ Congress, and thus to clothe the Federal Government with
+ authority to control the sovereign States, by which they
+ would have been dwarfed into provinces or departments and all
+ sovereignty vested in an absolute consolidated central power,
+ against which the spirit of liberty has so often and in so
+ many countries struggled in vain. In my judgment you can not
+ by tributes to humanity make any adequate compensation for
+ the wrong you would inflict by removing the sources of power
+ and political action from those who are to be thereby
+ affected. If the time shall ever arrive when, for an object
+ appealing, however strongly, to our sympathies, the dignity
+ of the States shall bow to the dictation of Congress by
+ conforming their legislation thereto, when the power and
+ majesty and honor of those who created shall become
+ subordinate to the thing of their creation, I but feebly
+ utter my apprehensions when I express my firm conviction that
+ we shall see "the beginning of the end."
+ </p>
+ <p>
+ Fortunately, we are not left in doubt as to the purpose of
+ the Constitution any more than as to its express language,
+ for although the history of its formation, as recorded in the
+ Madison Papers, shows that the Federal Government in its
+ present form emerged from the conflict of opposing influences
+ which have continued to divide statesmen from that day to
+ this, yet the rule of clearly defined powers and of strict
+ construction presided over the actual conclusion and
+ subsequent adoption of the Constitution. President Madison,
+ in the Federalist, says:
+ </p>
+ <p class="q">
+ The powers delegated by the proposed Constitution are few and
+ defined. Those which are to remain in the State governments
+ are numerous and indefinite. ... Its [the General
+ Government's] jurisdiction extends to certain enumerated
+ objects only, and leaves to the several States a residuary
+ and inviolable sovereignty over all other objects.
+ </p>
+ <p>
+ In the same spirit President Jefferson invokes "the support
+ of the State governments in all their rights as the most
+ competent administrations for our domestic concerns and the
+ surest bulwarks against anti-republican tendencies;" and
+ President Jackson said that our true strength and wisdom are
+ not promoted by invasions of the rights and powers of the
+ several States, but that, on the contrary, they consist "not
+ in binding the States more closely to the center, but in
+ leaving each more unobstructed in its proper orbit."
+ </p>
+ <p>
+ The framers of the Constitution, in refusing to confer on the
+ Federal Government any jurisdiction over these purely local
+ objects, in my judgment manifested a wise forecast and broad
+ comprehension of the true interests of these objects
+ themselves. It is clear that public charities within the
+ States can be efficiently administered only by their
+ authority. The bill before me concedes this, for it does not
+ commit the funds it provides to the administration of any
+ other authority.
+ </p>
+ <p>
+ I can not but repeat what I have before expressed, that if
+ the several States, many of which have already laid the
+ foundation of munificent establishments of local beneficence,
+ and nearly all of which are proceeding to establish them,
+ shall be led to suppose, as, should this bill become a law,
+ they will be, that Congress is to make provision for such
+ objects, the fountains of charity will be dried up at home,
+ and the several States, instead of bestowing their own means
+ on the social wants of their own people, may themselves,
+ through the strong temptation which appeals to states as to
+ individuals, become humble suppliants for the bounty of the
+ Federal Government, reversing their true relations to this
+ Union.
+ </p>
+ <p>
+ Having stated my views of the limitation of the powers
+ conferred by the eighth section of the first article of the
+ Constitution, I deem it proper to call attention to the third
+ section of the fourth article and to the provisions of the
+ sixth article bearing directly upon the question under
+ consideration, which, instead of aiding the claim to power
+ exercised in this case, tend, it is believed, strongly to
+ illustrate and explain positions which, even without such
+ support, I can not regard as questionable. The third section
+ of the fourth article of the Constitution is in the following
+ terms:
+ </p>
+ <p class="q">
+ The Congress shall have power to <i>dispose</i> of and make
+ all needful rules and regulations respecting the territory or
+ other property belonging to the United States; and nothing in
+ this Constitution shall be so construed as to prejudice any
+ claims of the United States or of any particular State.
+ </p>
+ <p>
+ The sixth article is as follows, to wit, that&mdash;
+ </p>
+ <p class="q">
+ All debts contracted and engagements entered into before the
+ adoption of this Constitution shall be as valid against the
+ United States under this Constitution as under the
+ Confederation.
+ </p>
+ <p>
+ For a correct understanding of the terms used in the third
+ section of the fourth article, above quoted, reference should
+ be had to the history of the times in which the Constitution
+ was formed and adopted. It was decided upon in convention on
+ the 17th September, 1787, and by it Congress was empowered
+ "to dispose of," etc., "the territory or other property
+ belonging to the United States." The only territory then
+ belonging to the United States was that then recently ceded
+ by the several States, to wit: By New York in 1781, by
+ Virginia in 1784, by Massachusetts in 1785, and by South
+ Carolina in August, 1787, only the month before the formation
+ of the Constitution. The cession from Virginia contained the
+ following provision:
+ </p>
+ <p class="q">
+ That all the lands within the territory so ceded to the
+ United States, and not reserved for or appropriated to any of
+ the before-mentioned purposes or disposed of in bounties to
+ the officers and soldiers of the American Army, shall be
+ considered a common fund for the use and benefit of such of
+ the United States as have become or shall become members of
+ the Confederation or Federal Alliance of the said States,
+ Virginia included, according to their usual respective
+ proportions in the general charge and expenditure, and shall
+ be faithfully and <i>bona fide disposed of</i> for that
+ purpose and for no other use or purpose whatsoever.
+ </p>
+ <p>
+ Here the object for which these lands are to be disposed of
+ is clearly set forth, and the power to dispose of them
+ granted by the third section of the fourth article of the
+ Constitution clearly contemplates such disposition only. If
+ such be the fact, and in my mind there can be no doubt of it,
+ then you have again not only no implication in favor of the
+ contemplated grant, but the strongest authority against it.
+ Furthermore, this bill is in violation of the faith of the
+ Government pledged in the act of January 28, 1847. The
+ nineteenth section of that act declares:
+ </p>
+ <p class="q">
+ That for the payment of the stock which may be created under
+ the provisions of this act the sales of the public lands are
+ hereby pledged; and it is hereby made the duty of the
+ Secretary of the Treasury to use and apply all moneys which
+ may be received into the Treasury for the sales of the public
+ lands after the 1st day of January, 1848, first, to pay the
+ interest on all stocks issued by virtue of this act, and,
+ secondly, to use the balance of said receipts, after paying
+ the interest aforesaid, in the purchase of said stocks at
+ their market value, etc.
+ </p>
+ <p>
+ The debts then contracted have not been liquidated, and the
+ language of this section and the obligations of the United
+ States under it are too plain to need comment.
+ </p>
+ <p>
+ I have been unable to discover any distinction on
+ constitutional grounds or grounds of expediency between an
+ appropriation of $10,000,000 directly from the money in the
+ Treasury for the object contemplated and the appropriation of
+ lands presented for my sanction, and yet I can not doubt that
+ if the bill proposed $10,000,000 from the Treasury of the
+ United States for the support of the indigent insane in the
+ several States that the constitutional question involved in
+ the act would have attracted forcibly the attention of
+ Congress.
+ </p>
+ <p>
+ I respectfully submit that in a constitutional point of view
+ it is wholly immaterial whether the appropriation be in money
+ or in land.
+ </p>
+ <p>
+ The public domain is the common property of the Union just as
+ much as the surplus proceeds of that and of duties on imports
+ remaining unexpended in the Treasury. As such it has been
+ pledged, is now pledged, and may need to be so pledged again
+ for public indebtedness.
+ </p>
+ <p>
+ As property it is distinguished from actual money chiefly in
+ this respect, that its profitable management sometimes
+ requires that portions of it be appropriated to local objects
+ in the States wherein it may happen to lie, as would be done
+ by any prudent proprietor to enhance the sale value of his
+ private domain. All such grants of land are in fact a
+ disposal of it for value received, but they afford no
+ precedent or constitutional reason for giving away the public
+ lands. Still less do they give sanction to appropriations for
+ objects which have not been intrusted to the Federal
+ Government, and therefore belong exclusively to the States.
+ </p>
+ <p>
+ To assume that the public lands are applicable to ordinary
+ State objects, whether of public structures, police, charity,
+ or expenses of State administration, would be to disregard to
+ the amount of the value of the public lands all the
+ limitations of the Constitution and confound to that extent
+ all distinctions between the rights and powers of the States
+ and those of the United States; for if the public lands may
+ be applied to the support of the poor, whether sane or
+ insane, if the disposal of them and their proceeds be not
+ subject to the ordinary limitations of the Constitution, then
+ Congress possesses unqualified power to provide for
+ expenditures in the States by means of the public lands, even
+ to the degree of defraying the salaries of governors, judges,
+ and all other expenses of the government and internal
+ administration within the several States.
+ </p>
+ <p>
+ The conclusion from the general survey of the whole subject
+ is to my mind irresistible, and closes the question both of
+ right and of expediency so far as regards the principle of
+ the appropriation proposed in this bill. Would not the
+ admission of such power in Congress to dispose of the public
+ domain work the practical abrogation of some of the most
+ important provisions of the Constitution?
+ </p>
+ <p>
+ If the systematic reservation of a definite portion of the
+ public lands (the sixteenth sections) in the States for the
+ purposes of education and occasional grants for similar
+ purposes be cited as contradicting these conclusions, the
+ answer as it appears to me is obvious and satisfactory. Such
+ reservations and grants, besides being a part of the
+ conditions on which the proprietary right of the United
+ States is maintained, along with the eminent domain of a
+ particular State, and by which the public land remains free
+ from taxation in the State in which it lies as long as it
+ remains the property of the United States, are the acts of a
+ mere landowner disposing of a small share of his property in
+ a way to augment the value of the residue and in this mode to
+ encourage the early occupation of it by the industrious and
+ intelligent pioneer.
+ </p>
+ <p>
+ The great example of apparent donation of lands to the States
+ likely to be relied upon as sustaining the principles of this
+ bill is the relinquishment of swamp lands to the States in
+ which they are situated, but this also, like other grants
+ already referred to, was based expressly upon grounds clearly
+ distinguishable in principle from any which can be assumed
+ for the bill herewith returned, viz, upon the interest and
+ duty of the proprietor. They were charged, and not without
+ reason, to be a nuisance to the inhabitants of the
+ surrounding country. The measure was predicated not only upon
+ the ground of the disease inflicted upon the people of the
+ States, which the United States could not justify as a just
+ and honest proprietor, but also upon an express limitation of
+ the application of the proceeds in the first instance to
+ purposes of levees and drains, thus protecting the health of
+ the inhabitants and at the same time enhancing the value of
+ the remaining lands belonging to the General Government.
+ </p>
+ <p>
+ It is not to be denied that Congress, while administering the
+ public lands as a proprietor within the principle distinctly
+ announced in my annual message, may sometimes have failed to
+ distinguish accurately between objects which are and which
+ are not within its constitutional powers.
+ </p>
+ <p>
+ After the most careful examination I find but two examples in
+ the acts of Congress which furnish any precedent for the
+ present bill, and those examples will, in my opinion, serve
+ rather as a warning than as an inducement to tread in the
+ same path.
+ </p>
+ <p>
+ The first is the act of March 3, 1819, granting a township of
+ land to the Connecticut asylum for the education of the deaf
+ and dumb; the second, that of April 5, 1826, making a similar
+ grant of land to the Kentucky asylum for teaching the deaf
+ and dumb&mdash;the first more than thirty years after the
+ adoption of the Constitution and the second more than a
+ quarter of a century ago. These acts were unimportant as to
+ the amount appropriated, and so far as I can ascertain were
+ passed on two grounds: First, that the object was a
+ charitable one, and, secondly, that it was national. To say
+ that it was a charitable object is only to say that it was an
+ object of expenditure proper for the competent authority; but
+ it no more tended to show that it was a proper object of
+ expenditure by the United States than is any other purely
+ local object appealing to the best sympathies of the human
+ heart in any of the States. And the suggestion that a school
+ for the mental culture of the deaf and dumb in Connecticut or
+ Kentucky is a national object only shows how loosely this
+ expression has been used when the purpose was to procure
+ appropriations by Congress. It is not perceived how a school
+ of this character is otherwise national than is any
+ establishment of religious or moral instruction. All the
+ pursuits of industry, everything which promotes the material
+ or intellectual well-being of the race, every ear of corn or
+ boll of cotton which grows, is national in the same sense,
+ for each one of these things goes to swell the aggregate of
+ national prosperity and happiness of the United States; but
+ it confounds all meaning of language to say that these things
+ are "national," as equivalent to "Federal," so as to come
+ within any of the classes of appropriation for which Congress
+ is authorized by the Constitution to legislate.
+ </p>
+ <p>
+ It is a marked point of the history of the Constitution that
+ when it was proposed to empower Congress to establish a
+ university the proposition was confined to the District
+ intended for the future seat of Government of the United
+ States, and that even that proposed clause was omitted in
+ consideration of the exclusive powers conferred on Congress
+ to legislate for that District. Could a more decisive
+ indication of the true construction and the spirit of the
+ Constitution in regard to all matters of this nature have
+ been given? It proves that such objects were considered by
+ the Convention as appertaining to local legislation only;
+ that they were not comprehended, either expressly or by
+ implication, in the grant of general power to Congress, and
+ that consequently they remained with the several States.
+ </p>
+ <p>
+ The general result at which I have arrived is the necessary
+ consequence of those views of the relative rights, powers,
+ and duties of the States and of the Federal Government which
+ I have long entertained and often expressed and in reference
+ to which my convictions do but increase in force with time
+ and experience.
+ </p>
+ <p>
+ I have thus discharged the unwelcome duty of respectfully
+ stating my objections to this bill, with which I cheerfully
+ submit the whole subject to the wisdom of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 4, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I have received the bill entitled "An act making
+ appropriations for the repair, preservation, and completion
+ of certain public works heretofore commenced under the
+ authority of law." It reaches me in the expiring hours of the
+ session, and time does not allow full opportunity for
+ examining and considering its provisions or of stating at
+ length the reasons which forbid me to give it my signature.
+ </p>
+ <p>
+ It belongs to that class of measures which are commonly known
+ as internal improvements by the General Government, and which
+ from a very early period have been deemed of doubtful
+ constitutionality and expediency, and have thus failed to
+ obtain the approbation of successive Chief Magistrates.
+ </p>
+ <p>
+ On such an examination of this bill as it has been in my
+ power to make, I recognize in it certain provisions national
+ in their character, and which, if they stood alone, it would
+ be compatible with my convictions of public duty to assent
+ to; but at the same time, it embraces others which are merely
+ local, and not, in my judgment, warranted by any safe or true
+ construction of the Constitution.
+ </p>
+ <p>
+ To make proper and sound discriminations between these
+ different provisions would require a deliberate discussion of
+ general principles, as well as a careful scrutiny of details
+ for the purpose of rightfully applying those principles to
+ each separate item of appropriation.
+ </p>
+ <p>
+ Public opinion with regard to the value and importance of
+ internal improvements in the country is undivided. There is a
+ disposition on all hands to have them prosecuted with energy
+ and to see the benefits sought to be attained by them fully
+ realized.
+ </p>
+ <p>
+ The prominent point of difference between those who have been
+ regarded as the friends of a system of internal improvements
+ by the General Government and those adverse to such a system
+ has been one of constitutional power, though more or less
+ connected with considerations of expediency.
+ </p>
+ <p>
+ My own judgment, it is well known, has on both grounds been
+ opposed to "a general system of internal improvements" by the
+ Federal Government. I have entertained the most serious
+ doubts from the inherent difficulties of its application, as
+ well as from past unsatisfactory experience, whether the
+ power could be so exercised by the General Government as to
+ render its use advantageous either to the country at large or
+ effectual for the accomplishment of the object contemplated.
+ </p>
+ <p>
+ I shall consider it incumbent on me to present to Congress at
+ its next session a matured view of the whole subject, and to
+ endeavor to define, approximately at least, and according to
+ my own convictions, what appropriations of this nature by the
+ General Government the great interests of the United States
+ require and the Constitution will admit and sanction, in case
+ no substitute should be devised capable of reconciling
+ differences both of constitutionality and expediency.
+ </p>
+ <p>
+ In the absence of the requisite means and time for duly
+ considering the whole subject at present and discussing such
+ possible substitute, it becomes necessary to return this bill
+ to the House of Representatives, in which it originated, and
+ for the reasons thus briefly submitted to the consideration
+ of Congress to withhold from it my approval.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <center>
+ [The following message is inserted here because it is an
+ exposition of the reasons of the President for the veto of
+ August 4, 1854, immediately preceding.]
+ </center>
+ <p class="r">
+ WASHINGTON, <i>December 30, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ In returning to the House of Representatives, in which it
+ originated, a bill entitled "An act making appropriations for
+ the repair, preservation, and completion of certain public
+ works heretofore commenced under the authority of law," it
+ became necessary for me, owing to the late day at which the
+ bill was passed, to state my objections to it very briefly,
+ announcing at the same time a purpose to resume the subject
+ for more deliberate discussion at the present session of
+ Congress; for, while by no means insensible of the
+ arduousness of the task thus undertaken by me, I conceived
+ that the two Houses were entitled to an exposition of the
+ considerations which had induced dissent on my part from
+ their conclusions in this instance.
+ </p>
+ <p>
+ The great constitutional question of the power of the General
+ Government in relation to internal improvements has been the
+ subject of earnest difference of opinion at every period of
+ the history of the United States. Annual and special messages
+ of successive Presidents have been occupied with it,
+ sometimes in remarks on the general topic and frequently in
+ objection to particular bills. The conflicting sentiments of
+ eminent statesmen, expressed in Congress or in conventions
+ called expressly to devise, if possible, some plan calculated
+ to relieve the subject of the embarrassments with which it is
+ environed, while they have directed public attention strongly
+ to the magnitude of the interests involved, have yet left
+ unsettled the limits, not merely of expediency, but of
+ constitutional power, in relation to works of this class by
+ the General Government.
+ </p>
+ <p>
+ What is intended by the phrase "internal improvements"? What
+ does it embrace and what exclude? No such language is found
+ in the Constitution. Not only is it not an expression of
+ ascertainable constitutional power, but it has no sufficient
+ exactness of meaning to be of any value as the basis of a
+ safe conclusion either of constitutional law or of practical
+ statesmanship.
+ </p>
+ <p>
+ President John Quincy Adams, in claiming on one occasion,
+ after his retirement from office, the authorship of the idea
+ of introducing into the administration of the affairs of the
+ General Government "a permanent and regular system" of
+ internal improvements, speaks of it as a system by which "the
+ whole Union would have been checkered over with railroads and
+ canals," affording "high wages and constant employment to
+ hundreds of thousands of laborers;" and he places it in
+ express contrast with the construction of such works by the
+ legislation of the States and by private enterprise.
+ </p>
+ <p>
+ It is quite obvious that if there be any constitutional power
+ which authorizes the construction of "railroads and canals"
+ by Congress, the same power must comprehend turnpikes and
+ ordinary carriage roads; nay, it must extend to the
+ construction of bridges, to the draining of marshes, to the
+ erection of levees, to the construction of canals of
+ irrigation; in a word, to all the possible means of the
+ material improvement of the earth, by developing its natural
+ resources anywhere and everywhere, even within the proper
+ jurisdiction of the several States. But if there be any
+ constitutional power thus comprehensive in its nature, must
+ not the same power embrace within its scope other kinds of
+ improvement of equal utility in themselves and equally
+ important to the welfare of the whole country? President
+ Jefferson, while intimating the expediency of so amending the
+ Constitution as to comprise objects of physical progress and
+ well-being, does not fail to perceive that "other objects of
+ public improvement," including "public education" by name,
+ belong to the same class of powers. In fact, not only public
+ instruction, but hospitals, establishments of science and
+ art, libraries, and, indeed, everything appertaining to the
+ internal welfare of the country, are just as much objects of
+ internal improvement, or, in other words, of internal
+ utility, as canals and railways.
+ </p>
+ <p>
+ The admission of the power in either of its senses implies
+ its existence in the other; and since if it exists at all it
+ involves dangerous augmentation of the political functions
+ and of the patronage of the Federal Government, we ought to
+ see clearly by what clause or clauses of the Constitution it
+ is conferred.
+ </p>
+ <p>
+ I have had occasion more than once to express, and deem it
+ proper now to repeat, that it is, in my judgment, to be taken
+ for granted, as a fundamental proposition not requiring
+ elucidation, that the Federal Government is the creature of
+ the individual States and of the people of the States
+ severally; that the sovereign power was in them alone; that
+ all the powers of the Federal Government are derivative ones,
+ the enumeration and limitations of which are contained in the
+ instrument which organized it; and by express terms "the
+ powers not delegated to the United States by the Constitution
+ nor prohibited by it to the States are reserved to the States
+ respectively or to the people."
+ </p>
+ <p>
+ Starting from this foundation of our constitutional faith and
+ proceeding to inquire in what part of the Constitution the
+ power of making appropriations for internal improvements is
+ found, it is necessary to reject all idea of there being any
+ grant of power in the preamble. When that instrument says,
+ "We, the people of the United States, in order to form a more
+ perfect union, establish justice, insure domestic
+ tranquillity, provide for the common defense, promote the
+ general welfare, and secure the blessings of liberty to
+ ourselves and our posterity," it only declares the
+ inducements and the anticipated results of the things
+ ordained and established by it. To assume that anything more
+ can be designed by the language of the preamble would be to
+ convert all the body of the Constitution, with its carefully
+ weighed enumerations and limitations, into mere surplusage.
+ The same may be said of the phrase in the grant of the power
+ to Congress "to pay the debts and provide for the common
+ defense and general welfare of the United States;" or, to
+ construe the words more exactly, they are not significant of
+ grant or concession, but of restriction of the specific
+ grants, having the effect of saying that in laying and
+ collecting taxes for each of the precise objects of power
+ granted to the General Government Congress must exercise any
+ such definite and undoubted power in strict subordination to
+ the purpose of the common defense and general welfare of all
+ the States.
+ </p>
+ <p>
+ There being no specific grant in the Constitution of a power
+ to sanction appropriations for internal improvements, and no
+ general provision broad enough to cover any such indefinite
+ object, it becomes necessary to look for particular powers to
+ which one or another of the things included in the phrase
+ "internal improvements" may be referred.
+ </p>
+ <p>
+ In the discussions of this question by the advocates of the
+ organization of a "general system of internal improvements"
+ under the auspices of the Federal Government, reliance is had
+ for the justification of the measure on several of the powers
+ expressly granted to Congress, such as to establish
+ post-offices and post-roads, to declare war, to provide and
+ maintain a navy, to raise and support armies, to regulate
+ commerce, and to dispose of the territory and other public
+ property of the United States,
+ </p>
+ <p>
+ As to the last of these sources of power, that of disposing
+ of the territory and other public property of the United
+ States, it may be conceded that it authorizes Congress, in
+ the management of the public property, to make improvements
+ essential to the successful execution of the trust; but this
+ must be the primary object of any such improvement, and it
+ would be an abuse of the trust to sacrifice the interest of
+ the property to incidental purposes.
+ </p>
+ <p>
+ As to the other assumed sources of a general power over
+ internal improvements, they being specific powers of which
+ this is supposed to be the incident, if the framers of the
+ Constitution, wise and thoughtful men as they were, intended
+ to confer on Congress the power over a subject so wide as the
+ whole field of internal improvements, it is remarkable that
+ they did not use language clearly to express it, or, in other
+ words, that they did not give it as a distinct and
+ substantive power instead of making it the implied incident
+ of some other one; for such is the magnitude of the supposed
+ incidental power and its capacity of expansion that any
+ system established under it would exceed each of the others
+ in the amount of expenditure and number of the persons
+ employed, which would thus be thrown upon the General
+ Government.
+ </p>
+ <p>
+ This position may be illustrated by taking as a single
+ example one of the many things comprehended clearly in the
+ idea of "a general system of internal improvements," namely,
+ roads. Let it be supposed that the power to construct roads
+ over the whole Union, according to the suggestion of
+ President J.Q. Adams in 1807, whilst a member of the Senate
+ of the United States, had been conceded. Congress would have
+ begun, in pursuance of the state of knowledge at the time, by
+ constructing turnpikes; then, as knowledge advanced, it would
+ have constructed canals, and at the present time it would
+ have been embarked in an almost limitless scheme of
+ railroads.
+ </p>
+ <p>
+ Now there are in the United States, the results of State or
+ private enterprise, upward of 17,000 miles of railroads and
+ 5,000 miles of canals; in all, 22,000 miles, the total cost
+ of which may be estimated at little short of $600,000,000;
+ and if the same works had been constructed by the Federal
+ Government, supposing the thing to have been practicable, the
+ cost would have probably been not less than $900,000,000. The
+ number of persons employed in superintending, managing, and
+ keeping up these canals and railroads may be stated at
+ 126,000 or thereabouts, to which are to be added 70,000 or
+ 80,000 employed on the railroads in construction, making a
+ total of at least 200,000 persons, representing in families
+ nearly 1,000,000 souls, employed on or maintained by this one
+ class of public works in the United States.
+ </p>
+ <p>
+ In view of all this, it is not easy to estimate the
+ disastrous consequences which must have resulted from such
+ extended local improvements being undertaken by the General
+ Government. State legislation upon this subject would have
+ been suspended and private enterprise paralyzed, while
+ applications for appropriations would have perverted the
+ legislation of Congress, exhausted the National Treasury, and
+ left the people burdened with a heavy public debt, beyond the
+ capacity of generations to discharge.
+ </p>
+ <p>
+ Is it conceivable that the framers of the Constitution
+ intended that authority drawing after it such immense
+ consequences should be inferred by implication as the
+ incident of enumerated powers? I can not think this, and the
+ impossibility of supposing it would be still more glaring if
+ similar calculations were carried out in regard to the
+ numerous objects of material, moral, and political usefulness
+ of which the idea of internal improvement admits. It may be
+ safely inferred that if the framers of the Constitution had
+ intended to confer the power to make appropriations for the
+ objects indicated, it would have been enumerated among the
+ grants expressly made to Congress.. When, therefore, any one
+ of the powers actually enumerated is adduced or referred to
+ as the ground of an assumption to warrant the incidental or
+ implied power of "internal improvement," that hypothesis must
+ be rejected, or at least can be no further admitted than as
+ the particular act of internal improvement may happen to be
+ necessary to the exercise of the granted power. Thus, when
+ the object of a given road, the clearing of a particular
+ channel, or the construction of a particular harbor of refuge
+ is manifestly required by the exigencies of the naval or
+ military service of the country, then it seems to me
+ undeniable that it may be constitutionally comprehended in
+ the powers to declare war, to provide and maintain a navy,
+ and to raise and support armies. At the same time, it would
+ be a misuse of these powers and a violation of the
+ Constitution to undertake to build upon them a great system
+ of internal improvements. And similar reasoning applies to
+ the assumption of any such power as is involved in that to
+ establish post-roads and to regulate commerce. If the
+ particular improvement, whether by land or sea, be necessary
+ to the execution of the enumerated powers, then, but not
+ otherwise, it falls within the jurisdiction of Congress. To
+ this extent only can the power be claimed as the incident of
+ any express grant to the Federal Government.
+ </p>
+ <p>
+ But there is one clause of the Constitution in which it has
+ been suggested that express authority to construct works of
+ internal improvement has been conferred on Congress, namely,
+ that which empowers it "to exercise exclusive legislation in
+ all cases whatsoever over such district (not exceeding 10
+ miles square) as may by cession of particular States and the
+ acceptance of Congress become the seat of the Government of
+ the United States, and to exercise like authority over all
+ places purchased by the consent of the legislature of the
+ State in which the same shall be for the erection of forts,
+ magazines, arsenals, dockyards, and <i>other needful
+ buildings</i>..." But any such supposition will be seen to be
+ groundless when this provision is carefully examined and
+ compared with other parts of the Constitution.
+ </p>
+ <p>
+ It is undoubtedly true that "like authority" refers back to
+ "exclusive legislation in all cases whatsoever" as applied to
+ the District of Columbia, and there is in the District no
+ division of powers as between the General and the State
+ Governments.
+ </p>
+ <p>
+ In those places which the United States has purchased or
+ retains within any of the States&mdash;sites for dockyards or
+ forts, for example&mdash;legal process of the given State is
+ still permitted to run for some purposes, and therefore the
+ jurisdiction of the United States is not absolutely perfect.
+ But let us assume for the argument's sake that the
+ jurisdiction of the United States in a tract of land ceded to
+ it for the purpose of a dockyard or fort by Virginia or
+ Maryland is as complete as in that ceded by them for the seat
+ of Government, and then proceed to analyze this clause of the
+ Constitution.
+ </p>
+ <p>
+ It provides that Congress shall have certain legislative
+ authority over all places purchased by the United States for
+ certain purposes. It implies that Congress has otherwise the
+ power to purchase. But where does Congress get the power to
+ purchase? Manifestly it must be from some other clause of the
+ Constitution, for it is not conferred by this one. Now, as it
+ is a fundamental principle that the Constitution is one of
+ limited powers, the authority to purchase must be conferred
+ in one of the enumerations of legislative power; so that the
+ power to purchase is itself not an unlimited one, but is
+ limited by the objects in regard to which legislative
+ authority is directly conferred.
+ </p>
+ <p>
+ The other expressions of the clause in question confirm this
+ conclusion, since the jurisdiction is given as to places
+ purchased for certain enumerated objects or purposes. Of
+ these the first great division&mdash;forts, magazines,
+ arsenals, and dockyards&mdash;is obviously referable to
+ recognized heads of specific constitutional power. There
+ remains only the phrase "and other <i>needful</i> buildings."
+ Wherefore needful? Needful for any possible purpose within
+ the whole range of the business of society and of Government?
+ Clearly not; but only such "buildings" as are "needful" to
+ the United States in the exercise of any of the powers
+ conferred on Congress.
+ </p>
+ <p>
+ Thus the United States need, in the exercise of admitted
+ powers, not only forts, magazines, arsenals, and dockyards,
+ but also court-houses, prisons, custom-houses, and
+ post-offices within the respective States. Places for the
+ erection of such buildings the General Government may
+ constitutionally purchase, and, having purchased them, the
+ jurisdiction over them belongs to the United States. So if
+ the General Government has the power to build a light-house
+ or a beacon, it may purchase a place for that object; and
+ having purchased it, then this clause of the Constitution
+ gives jurisdiction over it. Still, the power to purchase for
+ the purpose of erecting a light-house or beacon must depend
+ on the existence of the power to erect, and if that power
+ exists it must be sought after in some other clause of the
+ Constitution.
+ </p>
+ <p>
+ From whatever point of view, therefore, the subject is
+ regarded, whether as a question of express or implied power,
+ the conclusion is the same, that Congress has no
+ constitutional authority to carry on a system of internal
+ improvements; and in this conviction the system has been
+ steadily opposed by the soundest expositors of the functions
+ of the Government.
+ </p>
+ <p>
+ It is not to be supposed that in no conceivable case shall
+ there be doubt as to whether a given object be or not a
+ necessary incident of the military, naval, or any other
+ power. As man is imperfect, so are his methods of uttering
+ his thoughts. Human language, save in expressions for the
+ exact sciences, must always fail to preclude all possibility
+ of controversy. Hence it is that in one branch of the
+ subject&mdash;the question of the power of Congress to make
+ appropriations in aid of navigation&mdash;there is less of
+ positive conviction than in regard to the general subject;
+ and it therefore seems proper in this respect to revert to
+ the history of the practice of the Government.
+ </p>
+ <p>
+ Among the very earliest acts of the first session of Congress
+ was that for the establishment and support of light-houses,
+ approved by President Washington on the 7th of August, 1789,
+ which contains the following provisions:
+ </p>
+ <p class="q">
+ That all expenses which shall accrue from and after the 15th
+ day of August, 1789, in the necessary support, maintenance,
+ and repairs of all light-houses, beacons, buoys, and public
+ piers erected, placed, or sunk before the passing of this act
+ at the entrance of or within any bay, inlet, harbor, or port
+ of the United States, for rendering the navigation thereof
+ easy and safe, shall be defrayed out of the Treasury of the
+ United States: <i>Provided, nevertheless</i>, That none of
+ the said expenses shall continue to be so defrayed after the
+ expiration of one year from the day aforesaid unless such
+ light-houses, beacons, buoys, and public piers shall in the
+ meantime be ceded to and vested in the United States by the
+ State or States, respectively, in which the same may be,
+ together with the lands and tenements thereunto belonging and
+ together with the jurisdiction of the same.
+ </p>
+ <p>
+ Acts containing appropriations for this class of public works
+ were passed in 1791, 1792, 1793, and so on from year to year
+ down to the present time; and the tenor of these acts, when
+ examined with reference to other parts of the subject, is
+ worthy of special consideration.
+ </p>
+ <p>
+ It is a remarkable fact that for a period of more than thirty
+ years after the adoption of the Constitution all
+ appropriations of this class were confined, with scarcely an
+ apparent exception, to the construction of light-houses,
+ beacons, buoys, and public piers and the stakage of channels;
+ to render navigation "safe and easy," it is true, but only by
+ indicating to the navigator obstacles in his way, not by
+ removing those obstacles nor in any other respect changing,
+ artificially, the preexisting natural condition of the earth
+ and sea. It is obvious, however, that works of art for the
+ removal of natural impediments to navigation, or to prevent
+ their formation, or for supplying harbors where these do not
+ exist, are also means of rendering navigation safe and easy,
+ and may in supposable cases be the most efficient, as well as
+ the most economical, of such means. Nevertheless, it is not
+ until the year 1824 that in an act to improve the navigation
+ of the rivers Ohio and Mississippi and in another act making
+ appropriations for deepening the channel leading into the
+ harbor of Presque Isle, on Lake Erie, and for repairing
+ Plymouth Beach, in Massachusetts Bay, we have any example of
+ an appropriation for the improvement of harbors in the nature
+ of those provided for in the bill returned by me to the House
+ of Representatives.
+ </p>
+ <p>
+ It appears not probable that the abstinence of Congress in
+ this respect is attributable altogether to considerations of
+ economy or to any failure to perceive that the removal of an
+ obstacle to navigation might be not less useful than the
+ indication of it for avoidance, and it may be well assumed
+ that the course of legislation so long pursued was induced,
+ in whole or in part, by solicitous consideration in regard to
+ the constitutional power over such matters vested in
+ Congress.
+ </p>
+ <p>
+ One other peculiarity in this course of legislation is not
+ less remarkable. It is that when the General Government first
+ took charge of lighthouses and beacons it required the works
+ themselves and the lands on which they were situated to be
+ ceded to the United States. And although for a time this
+ precaution was neglected in the case of new works, in the
+ sequel it was provided by general laws that no light-house
+ should be constructed on any site previous to the
+ jurisdiction over the same being ceded to the United States.
+ </p>
+ <p>
+ Constitutional authority for the construction and support of
+ many of the public works of this nature, it is certain, may
+ be found in the power of Congress to maintain a navy and
+ provide for the general defense; but their number, and in
+ many instances their location, preclude the idea of their
+ being fully justified as necessary and proper incidents of
+ that power. And they do not seem susceptible of being
+ referred to any other of the specific powers vested in
+ Congress by the Constitution, unless it be that to raise
+ revenue in so far as this relates to navigation. The practice
+ under all my predecessors in office, the express admissions
+ of some of them, and absence of denial by any sufficiently
+ manifest their belief that the power to erect light-houses,
+ beacons, and piers is possessed by the General Government. In
+ the acts of Congress, as we have already seen, the inducement
+ and object of the appropriations are expressly declared,
+ those appropriations being for "light-houses, beacons, buoys,
+ and public piers" erected or placed "within any bay, inlet,
+ harbor, or port of the United States for rendering the
+ navigation thereof easy and safe."
+ </p>
+ <p>
+ If it be contended that this review of the history of
+ appropriations of this class leads to the inference that,
+ beyond the purposes of national defense and maintenance of a
+ navy, there is authority in the Constitution to construct
+ certain works in aid of navigation, it is at the same time to
+ be remembered that the conclusions thus deduced from
+ cotemporaneous construction and long-continued acquiescence
+ are themselves directly suggestive of limitations of
+ constitutionality, as well as expediency, regarding the
+ nature and the description of those aids to navigation which
+ Congress may provide as incident to the revenue power; for at
+ this point controversy begins, not so much as to the
+ principle as to its application.
+ </p>
+ <p>
+ In accordance with long-established legislative usage,
+ Congress may construct light-houses and beacons and provide,
+ as it does, other means to prevent shipwrecks on the coasts
+ of the United States. But the General Government can not go
+ beyond this and make improvements of rivers and harbors of
+ the nature and to the degree of all the provisions of the
+ bill of the last session of Congress.
+ </p>
+ <p>
+ To justify such extended power, it has been urged that if it
+ be constitutional to appropriate money for the purpose of
+ pointing out, by the construction of light-houses or beacons,
+ where an obstacle to navigation exists, it is equally so to
+ remove such obstacle or to avoid it by the creation of an
+ artificial channel; that if the object be lawful, then the
+ means adopted solely with reference to the end must be
+ lawful, and that therefore it is not material,
+ constitutionally speaking, whether a given obstruction to
+ navigation be indicated for avoidance or be actually avoided
+ by excavating a new channel; that if it be a legitimate
+ object of expenditure to preserve a ship from wreck by means
+ of a beacon or of revenue cutters, it must be not less so to
+ provide places of safety by the improvement of harbors, or,
+ where none exist, by their artificial construction; and
+ thence the argument naturally passes to the propriety of
+ improving rivers for the benefit of internal navigation,
+ because all these objects are of more or less importance to
+ the commercial as well as the naval interests of the United
+ States.
+ </p>
+ <p>
+ The answer to all this is that the question of opening speedy
+ and easy communication to and through all parts of the
+ country is substantially the same, whether done by land or
+ water; that the uses of roads and canals in facilitating
+ commercial intercourse and uniting by community of interests
+ the most remote quarters of the country by land communication
+ are the same in their nature as the uses of navigable waters;
+ and that therefore the question of the facilities and aids to
+ be provided to navigation, by whatsoever means, is but a
+ subdivision of the great question of the constitutionality
+ and expediency of internal improvements by the General
+ Government. In confirmation of this it is to be remarked that
+ one of the most important acts of appropriation of this
+ class, that of the year 1833, under the Administration of
+ President Jackson, by including together and providing for in
+ one bill as well river and harbor works as road works,
+ impliedly recognizes the fact that they are alike branches of
+ the same great subject of internal improvements.
+ </p>
+ <p>
+ As the population, territory, and wealth of the country
+ increased and settlements extended into remote regions, the
+ necessity for additional means of communication impressed
+ itself upon all minds with a force which had not been
+ experienced at the date of the formation of the Constitution,
+ and more and more embarrassed those who were most anxious to
+ abstain scrupulously from any exercise of doubtful power.
+ Hence the recognition in the messages of Presidents
+ Jefferson, Madison, and Monroe of the eminent desirableness
+ of such works, with admission that some of them could
+ lawfully and should be conducted by the General Government,
+ but with obvious uncertainty of opinion as to the line
+ between such as are constitutional and such as are not, such
+ as ought to receive appropriations from Congress and such as
+ ought to be consigned to private enterprise or the
+ legislation of the several States.
+ </p>
+ <p>
+ This uncertainty has not been removed by the practical
+ working of our institutions in later times; for although the
+ acquisition of additional territory and the application of
+ steam to the propulsion of vessels have greatly magnified the
+ importance of internal commerce, this fact has at the same
+ time complicated the question of the power of the General
+ Government over the present subject.
+ </p>
+ <p>
+ In fine, a careful review of the opinions of all my
+ predecessors and of the legislative history of the country
+ does not indicate any fixed rule by which to decide what, of
+ the infinite variety of possible river and harbor
+ improvements, are within the scope of the power delegated by
+ the Constitution; and the question still remains unsettled.
+ President Jackson conceded the constitutionality, under
+ suitable circumstances, of the improvement of rivers and
+ harbors through the agency of Congress, and President Polk
+ admitted the propriety of the establishment and support by
+ appropriations from the Treasury of light-houses, beacons,
+ buoys, and other improvements within the bays, inlets, and
+ harbors of the ocean and lake coasts immediately connected
+ with foreign commerce.
+ </p>
+ <p>
+ But if the distinction thus made rests upon the differences
+ between foreign and domestic commerce it can not be
+ restricted thereby to the bays, inlets, and harbors of the
+ oceans and lakes, because foreign commerce has already
+ penetrated thousands of miles into the interior of the
+ continent by means of our great rivers, and will continue so
+ to extend itself with the progress of settlement until it
+ reaches the limit of navigability.
+ </p>
+ <p>
+ At the time of the adoption of the Constitution the vast
+ Valley of the Mississippi, now teeming with population and
+ supplying almost boundless resources, was literally an
+ unexplored wilderness. Our advancement has outstripped even
+ the most sanguine anticipations of the fathers of the
+ Republic, and it illustrates the fact that no rule is
+ admissible which undertakes to discriminate, so far as
+ regards river and harbor improvements, between the Atlantic
+ or Pacific coasts and the great lakes and rivers of the
+ interior regions of North America. Indeed, it is quite
+ erroneous to suppose that any such discrimination has ever
+ existed in the practice of the Government. To the contrary of
+ which is the significant fact, before stated, that when,
+ after abstaining from all such appropriations for more than
+ thirty years, Congress entered upon the policy of improving
+ the navigation of rivers and harbors, it commenced with the
+ rivers Mississippi and Ohio.
+ </p>
+ <p>
+ The Congress of the Union, adopting in this respect one of
+ the ideas of that of the Confederation, has taken heed to
+ declare from time to time, as occasion required, either in
+ acts for disposing of the public lands in the Territories or
+ in acts for admitting new States, that all navigable rivers
+ within the same "shall be deemed to be and remain public
+ highways."
+ </p>
+ <p>
+ Out of this condition of things arose a question which at
+ successive periods of our public annals has occupied the
+ attention of the best minds in the Union. This question is,
+ What waters are public navigable waters, so as not to be of
+ State character and jurisdiction, but of Federal jurisdiction
+ and character, in the intent of the Constitution and of
+ Congress? A proximate, but imperfect, answer to this
+ important question is furnished by the acts of Congress and
+ the decisions of the Supreme Court of the United States
+ defining the constitutional limits of the maritime
+ jurisdiction of the General Government. That jurisdiction is
+ entirely independent of the revenue power. It is not derived
+ from that, nor is it measured thereby.
+ </p>
+ <p>
+ In that act of Congress which, in the first year of the
+ Government, organized our judicial system, and which, whether
+ we look to the subject, the comprehensive wisdom with which
+ it was treated, or the deference with which its provisions
+ have come to be regarded, is only second to the Constitution
+ itself, there is a section in which the statesmen who framed
+ the Constitution have placed on record their construction of
+ it in this matter. It enacts that the district courts of the
+ United States "shall have exclusive cognizance of all civil
+ cases of admiralty and maritime jurisdiction, including all
+ seizures under the law of impost, navigation, or trade of the
+ United States, when the seizures are made on waters which are
+ navigable from the sea by vessels of 10 or more tons burden,
+ within their respective districts, as well as upon the high
+ seas." In this cotemporaneous exposition of the Constitution
+ there is no trace or suggestion that nationality of
+ jurisdiction is limited to the sea, or even to tide waters.
+ The law is marked by a sagacious apprehension of the fact
+ that the Great Lakes and the Mississippi were navigable
+ waters of the United States even then, before the acquisition
+ of Louisiana had made wholly our own the territorial
+ greatness of the West. It repudiates unequivocally the rule
+ of the common law, according to which the question of whether
+ a water is public navigable water or not depends on whether
+ it is salt or not, and therefore, in a river, confines that
+ quality to tide water&mdash;a rule resulting from the
+ geographical condition of England and applicable to an
+ island, with small and narrow streams, the only navigable
+ portion of which, for ships, is in immediate contact with the
+ ocean, but wholly inapplicable to the great inland
+ fresh-water seas of America and its mighty rivers, with
+ secondary branches exceeding in magnitude the largest rivers
+ of Great Britain.
+ </p>
+ <p>
+ At a later period it is true that, in disregard of the more
+ comprehensive definition of navigability afforded by that act
+ of Congress, it was for a time held by many that the rule
+ established for England was to be received in the United
+ States, the effect of which was to exclude from the
+ jurisdiction of the General Government not only the waters of
+ the Mississippi, but also those of the Great Lakes. To this
+ construction it was with truth objected that, in so far as
+ concerns the lakes, they are in fact seas, although of
+ freshwater; that they are the natural marine communications
+ between a series of populous States and between them and the
+ possessions of a foreign nation; that they are actually
+ navigated by ships of commerce of the largest capacity; that
+ they had once been and might again be the scene of foreign
+ war; and that therefore it was doing violence to all reason
+ to undertake by means of an arbitrary doctrine of technical
+ foreign law to exclude such waters from the jurisdiction of
+ the General Government. In regard to the river Mississippi,
+ it was objected that to draw a line across that river at the
+ point of ebb and flood of tide, and say that the part below
+ was public navigable water and the part above not, while in
+ the latter the water was at least equally deep and navigable
+ and its commerce as rich as in the former, with numerous
+ ports of foreign entry and delivery, was to sanction a
+ distinction artificial and unjust, because regardless of the
+ real fact of navigability.
+ </p>
+ <p>
+ We may conceive that some such considerations led to the
+ enactment in the year 1845 of an act in addition to that of
+ 1789, declaring that&mdash;
+ </p>
+ <p class="q">
+ The district courts of the United States shall have, possess,
+ and exercise the same jurisdiction in matters of contract and
+ tort arising in, upon, or concerning steamboats and other
+ vessels of 20 tons burden and upward, enrolled and licensed
+ for the coasting trade and at the time employed in business
+ of commerce and navigation between ports and places in
+ different States and Territories upon the lakes and navigable
+ waters connecting said lakes, as is now possessed and
+ exercised by the said courts in cases of the like steamboats
+ and other vessels employed in navigation and commerce upon
+ the high seas or tide waters within the admiralty and
+ maritime jurisdiction of the United States.
+ </p>
+ <p>
+ It is observable that the act of 1789 applies the
+ jurisdiction of the United States to all "waters which are
+ navigable from the sea" for vessels of 10 tons burden, and
+ that of 1845 extends the jurisdiction to enrolled vessels of
+ 20 tons burden, on the lakes and navigable waters connecting
+ said lakes, though not waters navigable from the sea,
+ provided such vessels be employed between places in different
+ States and Territories.
+ </p>
+ <p>
+ Thus it appears that these provisions of law in effect
+ prescribe conditions by which to determine whether any waters
+ are public navigable waters, subject to the authority of the
+ Federal Government. The conditions include all waters,
+ whether salt or fresh, and whether of sea, lake, or river,
+ provided they be capable of navigation by vessels of a
+ certain tonnage, and for commerce either between the United
+ States and foreign countries or between any two or more of
+ the States or Territories of the Union. This excludes water
+ wholly within any particular State, and not used as the means
+ of commercial communication with any other State, and subject
+ to be improved or obstructed at will by the State within
+ which it may happen to be.
+ </p>
+ <p>
+ The constitutionality of these provisions of statute has been
+ called in question. Their constitutionality has been
+ maintained, however, by repeated decisions of the Supreme
+ Court of the United States, and they are therefore the law of
+ the land by the concurrent act of the legislative, the
+ executive, and the judicial departments of the Government.
+ Regarded as affording a criterion of what is navigable water,
+ and as such subject to the maritime jurisdiction of the
+ Supreme Court and of Congress, these acts are objectionable
+ in this, that the rule of navigability is an arbitrary one,
+ that Congress may repeal the present rule and adopt a new
+ one, and that thus a legislative definition will be able to
+ restrict or enlarge the limits of constitutional power. Yet
+ this variableness of standard seems inherent in the nature of
+ things. At any rate, neither the First Congress, composed of
+ the statesmen of the era when the Constitution was adopted,
+ nor any subsequent Congress has afforded us the means of
+ attaining greater precision of construction as to this part
+ of the Constitution.
+ </p>
+ <p>
+ This reflection may serve to relieve from undeserved reproach
+ an idea of one of the greatest men of the
+ Republic&mdash;President Jackson. He, seeking amid all the
+ difficulties of the subject for some practical rule of action
+ in regard to appropriations for the improvement of rivers and
+ harbors, prescribed for his own official conduct the rule of
+ confining such appropriations to "places below the ports of
+ entry or delivery established by law." He saw clearly, as the
+ authors of the above-mentioned acts of 1789 and 1845 did,
+ that there is no inflexible natural line of discrimination
+ between what is national and what local by means of which to
+ determine absolutely and unerringly at what point on a river
+ the jurisdiction of the United States shall end. He
+ perceived, and of course admitted, that the Constitution,
+ while conferring on the General Government some power of
+ action to render navigation safe and easy, had of necessity
+ left to Congress much of discretion in this matter. He
+ confided in the patriotism of Congress to exercise that
+ discretion wisely, not permitting himself to suppose it
+ possible that a port of entry or delivery would ever be
+ established by law for the express and only purpose of
+ evading the Constitution.
+ </p>
+ <p>
+ It remains, therefore, to consider the question of the
+ measure of discretion in the exercise by Congress of the
+ power to provide for the improvement of rivers and harbors,
+ and also that of the legitimate responsibility of the
+ Executive in the same relation.
+ </p>
+ <p>
+ In matters of legislation of the most unquestionable
+ constitutionality it is always material to consider what
+ amount of public money shall be appropriated for any
+ particular object. The same consideration applies with
+ augmented force to a class of appropriations which are in
+ their nature peculiarly prone to run to excess, and which,
+ being made in the exercise of incidental powers, have
+ intrinsic tendency to overstep the bounds of
+ constitutionality.
+ </p>
+ <p>
+ If an appropriation for improving the navigability of a river
+ or deepening or protecting a harbor have reference to
+ military or naval purposes, then its rightfulness, whether in
+ amount or in the objects to which it is applied, depends,
+ manifestly, on the military or naval exigency; and the
+ subject-matter affords its own measure of legislative
+ discretion. But if the appropriation for such an object have
+ no distinct relation to the military or naval wants of the
+ country, and is wholly, or even mainly, intended to promote
+ the revenue from commerce, then the very vagueness of the
+ proposed purpose of the expenditure constitutes a perpetual
+ admonition of reserve and caution. Through disregard of this
+ it is undeniable that in many cases appropriations of this
+ nature have been made unwisely, without accomplishing
+ beneficial results commensurate with the cost, and sometimes
+ for evil rather than good, independently of their dubious
+ relation to the Constitution.
+ </p>
+ <p>
+ Among the radical changes of the course of legislation in
+ these matters which, in my judgment, the public interest
+ demands, one is a return to the primitive idea of Congress,
+ which required in this class of public works, as in all
+ others, a conveyance of the soil and a cession of the
+ jurisdiction to the United States. I think this condition
+ ought never to have been waived in the case of any harbor
+ improvement of a permanent nature, as where piers, jetties,
+ sea walls, and other like works are to be constructed and
+ maintained. It would powerfully tend to counteract endeavors
+ to obtain appropriations of a local character and chiefly
+ calculated to promote individual interests. The want of such
+ a provision is the occasion of abuses in regard to existing
+ works, exposing them to private encroachment without
+ sufficient means of redress by law. Indeed, the absence in
+ such cases of a cession of jurisdiction has constituted one
+ of the constitutional objections to appropriations of this
+ class. It is not easy to perceive any sufficient reason for
+ requiring it in the case of arsenals or forts which does not
+ equally apply to all other public works. If to be constructed
+ and maintained by Congress in the exercise of a
+ constitutional power of appropriation, they should be brought
+ within the jurisdiction of the United States.
+ </p>
+ <p>
+ There is another measure of precaution in regard to such
+ appropriations which seems to me to be worthy of the
+ consideration of Congress. It is to make appropriation for
+ every work in a separate bill, so that each one shall stand
+ on its own independent merits, and if it pass shall do so
+ under circumstances of legislative scrutiny entitling it to
+ be regarded as of general interest and a proper subject of
+ charge on the Treasury of the Union.
+ </p>
+ <p>
+ During that period of time in which the country had not come
+ to look to Congress for appropriations of this nature several
+ of the States whose productions or geographical position
+ invited foreign commerce had entered upon plans for the
+ improvement of their harbors by themselves and through means
+ of support drawn directly from that commerce, in virtue of an
+ express constitutional power, needing for its exercise only
+ the permission of Congress. Harbor improvements thus
+ constructed and maintained, the expenditures upon them being
+ defrayed by the very facilities they afford, are a voluntary
+ charge on those only who see fit to avail themselves of such
+ facilities, and can be justly complained of by none. On the
+ other hand, so long as these improvements are carried on by
+ appropriations from the Treasury the benefits will continue
+ to inure to those alone who enjoy the facilities afforded,
+ while the expenditure will be a burden upon the whole country
+ and the discrimination a double injury to places equally
+ requiring improvement, but not equally favored by
+ appropriations.
+ </p>
+ <p>
+ These considerations, added to the embarrassments of the
+ whole question, amply suffice to suggest the policy of
+ confining appropriations by the General Government to works
+ necessary to the execution of its undoubted powers and of
+ leaving all others to individual enterprise or to the
+ separate States, to be provided for out of their own
+ resources or by recurrence to the provision of the
+ Constitution which authorizes the States to lay duties of
+ tonnage with the consent of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ PROCLAMATIONS.
+ </h2>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas information has been received by me that an unlawful
+ expedition has been fitted out in the State of California
+ with a view to invade Mexico, a nation maintaining friendly
+ relations with the United States, and that other expeditions
+ are organizing within the United States for the same unlawful
+ purpose; and
+ </p>
+ <p>
+ Whereas certain citizens and inhabitants of this country,
+ unmindful of their obligations and duties and of the rights
+ of a friendly power, have participated and are about to
+ participate in these enterprises, so derogatory to our
+ national character and so threatening to our tranquillity,
+ and are thereby incurring the severe penalties imposed by law
+ against such offenders:
+ </p>
+ <p>
+ Now, therefore, I, Franklin Pierce, President of the United
+ States, have issued this my proclamation, warning all persons
+ who shall connect themselves with any such enterprise or
+ expedition that the penalties of the law denounced against
+ such criminal conduct will be rigidly enforced; and I exhort
+ all good citizens, as they regard our national character, as
+ they respect our laws or the law of nations, as they value
+ the blessings of peace and the welfare of their country, to
+ discountenance and by all lawful means prevent such criminal
+ enterprises; and I call upon all officers of this Government,
+ civil and military, to use any efforts which may be in their
+ power to arrest for trial and punishment every such offender.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Given under my hand and the seal of the United States, at
+ Washington, this 18th day of January, A.D. 1854, and the
+ seventy-eighth of the Independence of the United States.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas information has been received that sundry persons,
+ citizens of the United States and others residing therein,
+ are engaged in organizing and fitting out a military
+ expedition for the invasion of the island of Cuba; and
+ </p>
+ <p>
+ Whereas the said undertaking is contrary to the spirit and
+ express stipulations of treaties between the United States
+ and Spain, derogatory to the character of this nation, and in
+ violation of the obvious duties and obligations of faithful
+ and patriotic citizens; and
+ </p>
+ <p>
+ Whereas it is the duty of the constituted authorities of the
+ United States to hold and maintain the control of the great
+ question of peace or war, and not suffer the same to be
+ lawlessly complicated under any pretense whatever; and
+ </p>
+ <p>
+ Whereas to that end all private enterprises of a hostile
+ character within the United States against any foreign power
+ with which the United States are at peace are forbidden and
+ declared to be a high misdemeanor by an express act of
+ Congress:
+ </p>
+ <p>
+ Now, therefore, in virtue of the authority vested by the
+ Constitution in the President of the United States, I do
+ issue this proclamation to warn all persons that the General
+ Government claims it as a right and duty to interpose itself
+ for the honor of its flag, the rights of its citizens, the
+ national security, and the preservation of the public
+ tranquillity, from whatever quarter menaced, and it will not
+ fail to prosecute with due energy all those who, unmindful of
+ their own and their country's fame, presume thus to disregard
+ the laws of the land and our treaty obligations.
+ </p>
+ <p>
+ I earnestly exhort all good citizens to discountenance and
+ prevent any movement in conflict with law and national faith,
+ especially charging the several district attorneys,
+ collectors, and other officers of the United States, civil or
+ military, having lawful power in the premises, to exert the
+ same for the purpose of maintaining the authority and
+ preserving the peace of the United States.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Given under my hand and the seal of the United States, at
+ Washington, the 31st day of May, A.D. 1854, and the
+ seventy-eighth of the Independence Of the United States.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SECOND ANNUAL MESSAGE.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>December 4</i>, <i>1854</i>.
+ </p>
+ <p>
+ <i>Fellow-Citizens of the Senate and of the House of
+ Representatives</i>:
+ </p>
+ <p>
+ The past has been an eventful year, and will be hereafter
+ referred to as a marked epoch in the history of the world.
+ While we have been happily preserved from the calamities of
+ war, our domestic prosperity has not been entirely
+ uninterrupted. The crops in portions of the country have been
+ nearly cut off. Disease has prevailed to a greater extent
+ than usual, and the sacrifice of human life through
+ casualties by sea and land is without parallel. But the
+ pestilence has swept by, and restored salubrity invites the
+ absent to their homes and the return of business to its
+ ordinary channels. If the earth has rewarded the labor of the
+ husbandman less bountifully than in preceding seasons, it has
+ left him with abundance for domestic wants and a large
+ surplus for exportation. In the present, therefore, as in the
+ past, we find ample grounds for reverent thankfulness to the
+ God of grace and providence for His protecting care and
+ merciful dealings with us as a people.
+ </p>
+ <p>
+ Although our attention has been arrested by painful interest
+ in passing events, yet our country feels no more than the
+ slight vibrations of the convulsions which have shaken
+ Europe. As individuals we can not repress sympathy with human
+ suffering nor regret for the causes which produce it; as a
+ nation we are reminded that whatever interrupts the peace or
+ checks the prosperity of any part of Christendom tends more
+ or less to involve our own. The condition of States is not
+ unlike that of individuals; they are mutually dependent upon
+ each other. Amicable relations between them and reciprocal
+ good will are essential for the promotion of whatever is
+ desirable in their moral, social, and political condition.
+ Hence it has been my earnest endeavor to maintain peace and
+ friendly intercourse with all nations.
+ </p>
+ <p>
+ The wise theory of this Government, so early adopted and
+ steadily pursued, of avoiding all entangling alliances has
+ hitherto exempted it from many complications in which it
+ would otherwise have become involved. Notwithstanding this
+ our clearly defined and well-sustained course of action and
+ our geographical position, so remote from Europe, increasing
+ disposition has been manifested by some of its Governments to
+ supervise and in certain respects to direct our foreign
+ policy. In plans for adjusting the balance of power among
+ themselves they have assumed to take us into account, and
+ would constrain us to conform our conduct to their views. One
+ or another of the powers of Europe has from time to time
+ undertaken to enforce arbitrary regulations contrary in many
+ respects to established principles of international law. That
+ law the United States have in their foreign intercourse
+ uniformly respected and observed, and they can not recognize
+ any such interpolations therein as the temporary interests of
+ others may suggest. They do not admit that the sovereigns of
+ one continent or of a particular community of states can
+ legislate for all others.
+ </p>
+ <p>
+ Leaving the transatlantic nations to adjust their political
+ system in the way they may think best for their common
+ welfare, the independent powers of this continent may well
+ assert the right to be exempt from all annoying interference
+ on their part. Systematic abstinence from intimate political
+ connection with distant foreign nations does not conflict
+ with giving the widest range to our foreign commerce. This
+ distinction, so clearly marked in history, seems to have been
+ overlooked or disregarded by some leading foreign states. Our
+ refusal to be brought within and subjected to their peculiar
+ system has, I fear, created a jealous distrust of our conduct
+ and induced on their part occasional acts of disturbing
+ effect upon our foreign relations. Our present attitude and
+ past course give assurances, which should not be questioned,
+ that our purposes are not aggressive nor threatening to the
+ safety and welfare of other nations. Our military
+ establishment in time of peace is adapted to maintain
+ exterior defenses and to preserve order among the aboriginal
+ tribes within the limits of the Union. Our naval force is
+ intended only for the protection of our citizens abroad and
+ of our commerce, diffused, as it is, over all the seas of the
+ globe. The Government of the United States, being essentially
+ pacific in policy, stands prepared to repel invasion by the
+ voluntary service of a patriotic people, and provides no
+ permanent means of foreign aggression. These considerations
+ should allay all apprehension that we are disposed to
+ encroach on the rights or endanger the security of other
+ states.
+ </p>
+ <p>
+ Some European powers have regarded with disquieting concern
+ the territorial expansion of the United States. This rapid
+ growth has resulted from the legitimate exercise of sovereign
+ rights belonging alike to all nations, and by many liberally
+ exercised. Under such circumstances it could hardly have been
+ expected that those among them which have within a
+ comparatively recent period subdued and absorbed ancient
+ kingdoms, planted their standards on every continent, and now
+ possess or claim the control of the islands of every ocean as
+ their appropriate domain would look with unfriendly
+ sentiments upon the acquisitions of this country, in every
+ instance honorably obtained, or would feel themselves
+ justified in imputing our advancement to a spirit of
+ aggression or to a passion for political predominance.
+ </p>
+ <p>
+ Our foreign commerce has reached a magnitude and extent
+ nearly equal to that of the first maritime power of the
+ earth, and exceeding that of any other. Over this great
+ interest, in which not only our merchants, but all classes of
+ citizens, at least indirectly, are concerned, it is the duty
+ of the executive and legislative branches of the Government
+ to exercise a careful supervision and adopt proper measures
+ for its protection. The policy which I had in view in regard
+ to this interest embraces its future as well as its present
+ security. Long experience has shown that, in general, when
+ the principal powers of Europe are engaged in war the rights
+ of neutral nations are endangered. This consideration led, in
+ the progress of the War of our Independence, to the formation
+ of the celebrated confederacy of armed neutrality, a primary
+ object of which was to assert the doctrine that free ships
+ make free goods, except in the case of articles contraband of
+ war&mdash;a doctrine which from the very commencement of our
+ national being has been a cherished idea of the statesmen of
+ this country. At one period or another every maritime power
+ has by some solemn treaty stipulation recognized that
+ principle, and it might have been hoped that it would come to
+ be universally received and respected as a rule of
+ international law. But the refusal of one power prevented
+ this, and in the next great war which ensued&mdash;that of
+ the French Revolution&mdash;it failed to be respected among
+ the belligerent States of Europe. Notwithstanding this, the
+ principle is generally admitted to be a sound and salutary
+ one, so much so that at the commencement of the existing war
+ in Europe Great Britain and France announced their purpose to
+ observe it for the present; not, however, as a recognized
+ international right, but as a mere concession for the time
+ being. The cooperation, however, of these two powerful
+ maritime nations in the interest of neutral rights appeared
+ to me to afford an occasion inviting and justifying on the
+ part of the United States a renewed effort to make the
+ doctrine in question a principle of international law, by
+ means of special conventions between the several powers of
+ Europe and America. Accordingly, a proposition embracing not
+ only the rule that free ships make free goods, except
+ contraband articles, but also the less contested one that
+ neutral property other than contraband, though on board
+ enemy's ships, shall be exempt from confiscation, has been
+ submitted by this Government to those of Europe and America.
+ </p>
+ <p>
+ Russia acted promptly in this matter, and a convention was
+ concluded between that country and the United States
+ providing for the observance of the principles announced, not
+ only as between themselves, but also as between them and all
+ other nations which shall enter into like stipulations. None
+ of the other powers have as yet taken final action on the
+ subject. I am not aware, however, that any objection to the
+ proposed stipulations has been made, but, on the contrary,
+ they are acknowledged to be essential to the security of
+ neutral commerce, and the only apparent obstacle to their
+ general adoption is in the possibility that it may be
+ encumbered by inadmissible conditions.
+ </p>
+ <p>
+ The King of the Two Sicilies has expressed to our minister at
+ Naples his readiness to concur in our proposition relative to
+ neutral rights and to enter into a convention on that
+ subject.
+ </p>
+ <p>
+ The King of Prussia entirely approves of the project of a
+ treaty to the same effect submitted to him, but proposes an
+ additional article providing for the renunciation of
+ privateering. Such an article, for most obvious reasons, is
+ much desired by nations having naval establishments large in
+ proportion to their foreign commerce. If it were adopted as
+ an international rule, the commerce of a nation having
+ comparatively a small naval force would be very much at the
+ mercy of its enemy in case of war with a power of decided
+ naval superiority. The bare statement of the condition in
+ which the United States would be placed, after having
+ surrendered the right to resort to privateers, in the event
+ of war with a belligerent of naval supremacy will show that
+ this Government could never listen to such a proposition. The
+ navy of the first maritime power in Europe is at least ten
+ times as large as that of the United States. The foreign
+ commerce of the two countries is nearly equal, and about
+ equally exposed to hostile depredations. In war between that
+ power and the United States, without resort on our part to
+ our mercantile marine the means of our enemy to inflict
+ injury upon our commerce would be tenfold greater than ours
+ to retaliate. We could not extricate our country from this
+ unequal condition, with such an enemy, unless we at once
+ departed from our present peaceful policy and became a great
+ naval power. Nor would this country be better situated in war
+ with one of the secondary naval powers. Though the naval
+ disparity would be less, the greater extent and more exposed
+ condition of our widespread commerce would give any of them a
+ like advantage over us.
+ </p>
+ <p>
+ The proposition to enter into engagements to forego a resort
+ to privateers in case this country should be forced into war
+ with a great naval power is not entitled to more favorable
+ consideration than would be a proposition to agree not to
+ accept the services of volunteers for operations on land.
+ When the honor or the rights of our country require it to
+ assume a hostile attitude, it confidently relies upon the
+ patriotism of its citizens, not ordinarily devoted to the
+ military profession, to augment the Army and the Navy so as
+ to make them fully adequate to the emergency which calls them
+ into action. The proposal to surrender the right to employ
+ privateers is professedly founded upon the principle that
+ private property of unoffending noncombatants, though
+ enemies, should be exempt from the ravages of war; but the
+ proposed surrender goes but little way in carrying out that
+ principle, which equally requires that such private property
+ should not be seized or molested by national ships of war.
+ Should the leading powers of Europe concur in proposing as a
+ rule of international law to exempt private property upon the
+ ocean from seizure by public armed cruisers as well as by
+ privateers, the United States will readily meet them upon
+ that broad ground.
+ </p>
+ <p>
+ Since the adjournment of Congress the ratifications of the
+ treaty between the United States and Great Britain relative
+ to coast fisheries and to reciprocal trade with the British
+ North American Provinces have been exchanged, and some of its
+ anticipated advantages are already enjoyed by us, although
+ its full execution was to abide certain acts of legislation
+ not yet fully performed. So soon as it was ratified Great
+ Britain opened to our commerce the free navigation of the
+ river St. Lawrence and to our fishermen unmolested access to
+ the shores and bays, from which they had been previously
+ excluded, on the coasts of her North American Provinces; in
+ return for which she asked for the introduction free of duty
+ into the ports of the United States of the fish caught on the
+ same coast by British fishermen. This being the compensation
+ stipulated in the treaty for privileges of the highest
+ importance and value to the United States, which were thus
+ voluntarily yielded before it became effective, the request
+ seemed to me to be a reasonable one; but it could not be
+ acceded to from want of authority to suspend our laws
+ imposing duties upon all foreign fish. In the meantime the
+ Treasury Department issued a regulation for ascertaining the
+ duties paid or secured by bonds on fish caught on the coasts
+ of the British Provinces and brought to our markets by
+ British subjects after the fishing grounds had been made
+ fully accessible to the citizens of the United States. I
+ recommend to your favorable consideration a proposition,
+ which will be submitted to you, for authority to refund the
+ duties and cancel the bonds thus received. The Provinces of
+ Canada and New Brunswick have also anticipated the full
+ operation of the treaty by legislative arrangements,
+ respectively, to admit free of duty the products of the
+ United States mentioned in the free list of the treaty; and
+ an arrangement similar to that regarding British fish has
+ been made for duties now chargeable on the products of those
+ Provinces enumerated in the same free list and introduced
+ therefrom into the United States, a proposition for refunding
+ which will, in my judgment, be in like manner entitled to
+ your favorable consideration.
+ </p>
+ <p>
+ There is difference of opinion between the United States and
+ Great Britain as to the boundary line of the Territory of
+ Washington adjoining the British possessions on the Pacific,
+ which has already led to difficulties on the part of the
+ citizens and local authorities of the two Governments. I
+ recommend that provision be made for a commission, to be
+ joined by one on the part of Her Britannic Majesty, for the
+ purpose of running and establishing the line in controversy.
+ Certain stipulations of the third and fourth articles of the
+ treaty concluded by the United States and Great Britain in
+ 1846, regarding possessory rights of the Hudsons Bay Company
+ and property of the Pugets Sound Agricultural Company, have
+ given rise to serious disputes, and it is important to all
+ concerned that summary means of settling them amicably should
+ be devised. I have reason to believe that an arrangement can
+ be made on just terms for the extinguishment of the rights in
+ question, embracing also the right of the Hudsons Bay Company
+ to the navigation of the river Columbia; and I therefore
+ suggest to your consideration the expediency of making a
+ contingent appropriation for that purpose.
+ </p>
+ <p>
+ France was the early and efficient ally of the United States
+ in their struggle for independence. From that time to the
+ present, with occasional slight interruptions, cordial
+ relations of friendship have existed between the Governments
+ and people of the two countries. The kindly sentiments
+ cherished alike by both nations have led to extensive social
+ and commercial intercourse, which I trust will not be
+ interrupted or checked by any casual event of an apparently
+ unsatisfactory character. The French consul at San Francisco
+ was not long since brought into the United States district
+ court at that place by compulsory process as a witness in
+ favor of another foreign consul, in violation, as the French
+ Government conceives, of his privileges under our consular
+ convention with France. There being nothing in the
+ transaction which could imply any disrespect to France or its
+ consul, such explanation has been made as, I hope, will be
+ satisfactory. Subsequently misunderstanding arose on the
+ subject of the French Government having, as it appeared,
+ abruptly excluded the American minister to Spain from passing
+ through France on his way from London to Madrid. But that
+ Government has unequivocally disavowed any design to deny the
+ right of transit to the minister of the United States, and
+ after explanations to this effect he has resumed his journey
+ and actually returned through France to Spain. I herewith lay
+ before Congress the correspondence on this subject between
+ our envoy at Paris and the minister of foreign relations of
+ the French Government.
+ </p>
+ <p>
+ The position of our affairs with Spain remains as at the
+ close of the last session. Internal agitation, assuming very
+ nearly the character of political revolution, has recently
+ convulsed that country. The late ministers were violently
+ expelled from power, and men of very different views in
+ relation to its internal affairs have succeeded. Since this
+ change there has been no propitious opportunity to resume and
+ press on negotiations for the adjustment of serious questions
+ of difficulty between the Spanish Government and the United
+ States. There is reason to believe that our minister will
+ find the present Government more favorably inclined than the
+ preceding to comply with our just demands and to make
+ suitable arrangements for restoring harmony and preserving
+ peace between the two countries.
+ </p>
+ <p>
+ Negotiations are pending with Denmark to discontinue the
+ practice of levying tolls on our vessels and their cargoes
+ passing through the Sound. I do not doubt that we can claim
+ exemption therefrom as a matter of right. It is admitted on
+ all hands that this exaction is sanctioned, not by the
+ general principles of the law of nations, but only by special
+ conventions which most of the commercial nations have entered
+ into with Denmark. The fifth article of our treaty of 1826
+ with Denmark provides that there shall not be paid on the
+ vessels of the United States and their cargoes when passing
+ through the Sound higher duties than those of the most
+ favored nations. This may be regarded as an implied agreement
+ to submit to the tolls during the continuance of the treaty,
+ and consequently may embarrass the assertion of our right to
+ be released therefrom. There are also other provisions in the
+ treaty which ought to be modified. It was to remain in force
+ for ten years and until one year after either party should
+ give notice to the other of intention to terminate it. I deem
+ it expedient that the contemplated notice should be given to
+ the Government of Denmark.
+ </p>
+ <p>
+ The naval expedition dispatched about two years since for the
+ purpose of establishing relations with the Empire of Japan
+ has been ably and skillfully conducted to a successful
+ termination by the officer to whom it was intrusted. A treaty
+ opening certain of the ports of that populous country has
+ been negotiated, and in order to give full effect thereto it
+ only remains to exchange ratifications and adopt requisite
+ commercial regulations.
+ </p>
+ <p>
+ The treaty lately concluded between the United States and
+ Mexico settled some of our most embarrassing difficulties
+ with that country, but numerous claims upon it for wrongs and
+ injuries to our citizens remained unadjusted, and many new
+ cases have been recently added to the former list of
+ grievances. Our legation has been earnest in its endeavors to
+ obtain from the Mexican Government a favorable consideration
+ of these claims, but hitherto without success. This failure
+ is probably in some measure to be ascribed to the disturbed
+ condition of that country. It has been my anxious desire to
+ maintain friendly relations with the Mexican Republic and to
+ cause its rights and territories to be respected, not only by
+ our citizens, but by foreigners who have resorted to the
+ United States for the purpose of organizing hostile
+ expeditions against some of the States of that Republic. The
+ defenseless condition in which its frontiers have been left
+ has stimulated lawless adventurers to embark in these
+ enterprises and greatly increased the difficulty of enforcing
+ our obligations of neutrality. Regarding it as my solemn duty
+ to fulfill efficiently these obligations, not only toward
+ Mexico, but other foreign nations, I have exerted all the
+ powers with which I am invested to defeat such proceedings
+ and bring to punishment those who by taking a part therein
+ violated our laws. The energy and activity of our civil and
+ military authorities have frustrated the designs of those who
+ meditated expeditions of this character except in two
+ instances. One of these, composed of foreigners, was at first
+ countenanced and aided by the Mexican Government itself, it
+ having been deceived as to their real object. The other,
+ small in number, eluded the vigilance of the magistrates at
+ San Francisco and succeeded in reaching the Mexican
+ territories; but the effective measures taken by this
+ Government compelled the abandonment of the undertaking.
+ </p>
+ <p>
+ The commission to establish the new line between the United
+ States and Mexico, according to the provisions of the treaty
+ of the 30th of December last, has been organized, and the
+ work is already commenced.
+ </p>
+ <p>
+ Our treaties with the Argentine Confederation and with the
+ Republics of Uruguay and Paraguay secure to us the free
+ navigation of the river La Plata and some of its larger
+ tributaries, but the same success has not attended our
+ endeavors to open the Amazon. The reasons in favor of the
+ free use of that river I had occasion to present fully in a
+ former message, and, considering the cordial relations which
+ have long existed between this Government and Brazil, it may
+ be expected that pending negotiations will eventually reach a
+ favorable result.
+ </p>
+ <p>
+ Convenient means of transit between the several parts of a
+ country are not only desirable for the objects of commercial
+ and personal communication, but essential to its existence
+ under one government. Separated, as are the Atlantic and
+ Pacific coasts of the United States, by the whole breadth of
+ the continent, still the inhabitants of each are closely
+ bound together by community of origin and institutions and by
+ strong attachment to the Union. Hence the constant and
+ increasing intercourse and vast interchange of commercial
+ productions between these remote divisions of the Republic.
+ At the present time the most practicable and only commodious
+ routes for communication between them are by the way of the
+ isthmus of Central America. It is the duty of the Government
+ to secure these avenues against all danger of interruption.
+ </p>
+ <p>
+ In relation to Central America, perplexing questions existed
+ between the United States and Great Britain at the time of
+ the cession of California. These, as well as questions which
+ subsequently arose concerning interoceanic communication
+ across the Isthmus, were, as it was supposed, adjusted by the
+ treaty of April 19, 1850, but, unfortunately, they have been
+ reopened by serious misunderstanding as to the import of some
+ of its provisions, a readjustment of which is now under
+ consideration. Our minister at London has made strenuous
+ efforts to accomplish this desirable object, but has not yet
+ found it possible to bring the negotiations to a termination.
+ </p>
+ <p>
+ As incidental to these questions, I deem it proper to notice
+ an occurrence which happened in Central America near the
+ close of the last session of Congress. So soon as the
+ necessity was perceived of establishing interoceanic
+ communications across the Isthmus a company was organized,
+ under the authority of the State of Nicaragua, but composed
+ for the most part of citizens of the United States, for the
+ purpose of opening such a transit way by the river San Juan
+ and Lake Nicaragua, which soon became an eligible and much
+ used route in the transportation of our citizens and their
+ property between the Atlantic and Pacific. Meanwhile, and in
+ anticipation of the completion and importance of this transit
+ way, a number of adventurers had taken possession of the old
+ Spanish port at the mouth of the river San Juan in open
+ defiance of the State or States of Central America, which
+ upon their becoming independent had rightfully succeeded to
+ the local sovereignty and jurisdiction of Spain. These
+ adventurers undertook to change the name of the place from
+ San Juan del Norte to Greytown, and though at first
+ pretending to act as the subjects of the fictitious sovereign
+ of the Mosquito Indians, they subsequently repudiated the
+ control of any power whatever, assumed to adopt a distinct
+ political organization, and declared themselves an
+ independent sovereign state. If at some time a faint hope was
+ entertained that they might become a stable and respectable
+ community, that hope soon vanished. They proceeded to assert
+ unfounded claims to civil jurisdiction over Punta Arenas, a
+ position on the opposite side of the river San Juan, which
+ was in possession, under a title wholly independent of them,
+ of citizens of the United States interested in the Nicaragua
+ Transit Company, and which was indispensably necessary to the
+ prosperous operation of that route across the Isthmus. The
+ company resisted their groundless claims, whereupon they
+ proceeded to destroy some of its buildings and attempted
+ violently to dispossess it.
+ </p>
+ <p>
+ At a later period they organized a strong force for the
+ purpose of demolishing the establishment at Punta Arenas, but
+ this mischievous design was defeated by the interposition of
+ one of our ships of war at that time in the harbor of San
+ Juan. Subsequently to this, in May last, a body of men from
+ Greytown crossed over to Punta Arenas, arrogating authority
+ to arrest on the charge of murder a captain of one of the
+ steamboats of the Transit Company. Being well aware that the
+ claim to exercise jurisdiction there would be resisted then,
+ as it had been on previous occasions, they went prepared to
+ assert it by force of arms. Our minister to Central America
+ happened to be present on that occasion. Believing that the
+ captain of the steamboat was innocent (for he witnessed the
+ transaction on which the charge was founded), and believing
+ also that the intruding party, having no jurisdiction over
+ the place where they proposed to make the arrest, would
+ encounter desperate resistance if they persisted in their
+ purpose, he interposed, effectually, to prevent violence and
+ bloodshed. The American minister afterwards visited Greytown,
+ and whilst he was there a mob, including certain of the
+ so-called public functionaries of the place, surrounded the
+ house in which he was, avowing that they had come to arrest
+ him by order of some person exercising the chief authority.
+ While parleying with them he was wounded by a missile from
+ the crowd. A boat dispatched from the American steamer
+ <i>Northern Light</i> to release him from the perilous
+ situation in which he was understood to be was fired into by
+ the town guard and compelled to return. These incidents,
+ together with the known character of the population of
+ Greytown and their excited state, induced just apprehensions
+ that the lives and property of our citizens at Punta Arenas
+ would be in imminent danger after the departure of the
+ steamer, with her passengers, for New York, unless a guard
+ was left for their protection. For this purpose, and in order
+ to insure the safety of passengers and property passing over
+ the route, a temporary force was organized, at considerable
+ expense to the United States, for which provision was made at
+ the last session of Congress.
+ </p>
+ <p>
+ This pretended community, a heterogeneous assemblage gathered
+ from various countries, and composed for the most part of
+ blacks and persons of mixed blood, had previously given other
+ indications of mischievous and dangerous propensities. Early
+ in the same month property was clandestinely abstracted from
+ the depot of the Transit Company and taken to Greytown. The
+ plunderers obtained shelter there and their pursuers were
+ driven back by its people, who not only protected the
+ wrongdoers and shared the plunder, but treated with rudeness
+ and violence those who sought to recover their property.
+ </p>
+ <p>
+ Such, in substance, are the facts submitted to my
+ consideration, and proved by trustworthy evidence. I could
+ not doubt that the case demanded the interposition of this
+ Government. Justice required that reparation should be made
+ for so many and such gross wrongs, and that a course of
+ insolence and plunder, tending directly to the insecurity of
+ the lives of numerous travelers and of the rich treasure
+ belonging to our citizens passing over this transit way,
+ should be peremptorily arrested. Whatever it might be in
+ other respects, the community in question, in power to do
+ mischief, was not despicable. It was well provided with
+ ordnance, small arms, and ammunition, and might easily seize
+ on the unarmed boats, freighted with millions of property,
+ which passed almost daily within its reach. It did not
+ profess to belong to any regular government, and had, in
+ fact, no recognized dependence on or connection with anyone
+ to which the United States or their injured citizens might
+ apply for redress or which could be held responsible in any
+ way for the outrages committed. Not standing before the world
+ in the attitude of an organized political society, being
+ neither competent to exercise the rights nor to discharge the
+ obligations of a government, it was, in fact, a marauding
+ establishment too dangerous to be disregarded and too guilty
+ to pass unpunished, and yet incapable of being treated in any
+ other way than as a piratical resort of outlaws or a camp of
+ savages depredating on emigrant trains or caravans and the
+ frontier settlements of civilized states.
+ </p>
+ <p>
+ Reasonable notice was given to the people of Greytown that
+ this Government required them to repair the injuries they had
+ done to our citizens and to make suitable apology for their
+ insult of our minister, and that a ship of war would be
+ dispatched thither to enforce compliance with these demands.
+ But the notice passed unheeded. Thereupon a commander of the
+ Navy, in charge of the sloop of war <i>Cyane</i>, was ordered
+ to repeat the demands and to insist upon a compliance
+ therewith. Finding that neither the populace nor those
+ assuming to have authority over them manifested any
+ disposition to make the required reparation, or even to offer
+ excuse for their conduct, he warned them by a public
+ proclamation that if they did not give satisfaction within a
+ time specified he would bombard the town. By this procedure
+ he afforded them opportunity to provide for their personal
+ safety. To those also who desired to avoid loss of property
+ in the punishment about to be inflicted on the offending town
+ he furnished the means of removing their effects by the boats
+ of his own ship and of a steamer which he procured and
+ tendered to them for that purpose. At length, perceiving no
+ disposition on the part of the town to comply with his
+ requisitions, he appealed to the commander of Her Britannic
+ Majesty's schooner <i>Bermuda</i>, who was seen to have
+ intercourse and apparently much influence with the leaders
+ among them, to interpose and persuade them to take some
+ course calculated to save the necessity of resorting to the
+ extreme measure indicated in his proclamation; but that
+ officer, instead of acceding to the request, did nothing more
+ than to protest against the contemplated bombardment. No
+ steps of any sort were taken by the people to give the
+ satisfaction required. No individuals, if any there were, who
+ regarded themselves as not responsible for the misconduct of
+ the community adopted any means to separate themselves from
+ the fate of the guilty. The several charges on which the
+ demands for redress were founded had been publicly known to
+ all for some time, and were again announced to them. They did
+ not deny any of these charges; they offered no explanation,
+ nothing in extenuation of their conduct, but contumaciously
+ refused to hold any intercourse with the commander of the
+ <i>Cyane</i>. By their obstinate silence they seemed rather
+ desirous to provoke chastisement than to escape it. There is
+ ample reason to believe that this conduct of wanton defiance
+ on their part is imputable chiefly to the delusive idea that
+ the American Government would be deterred from punishing them
+ through fear of displeasing a formidable foreign power, which
+ they presumed to think looked with complacency upon their
+ aggressive and insulting deportment toward the United States.
+ The <i>Cyane</i> at length fired upon the town. Before much
+ injury had been done the fire was twice suspended in order to
+ afford opportunity for an arrangement, but this was declined.
+ Most of the buildings of the place, of little value
+ generally, were in the sequel destroyed, but, owing to the
+ considerate precautions taken by our naval commander, there
+ was no destruction of life.
+ </p>
+ <p>
+ When the <i>Cyane</i> was ordered to Central America, it was
+ confidently hoped and expected that no occasion would arise
+ for "a resort to violence and destruction of property and
+ loss of life." Instructions to that effect were given to her
+ commander; and no extreme act would have been requisite had
+ not the people themselves, by their extraordinary conduct in
+ the affair, frustrated all the possible mild measures for
+ obtaining satisfaction. A withdrawal from the place, the
+ object of his visit entirely defeated, would under the
+ circumstances in which the commander of the <i>Cyane</i>
+ found himself have been absolute abandonment of all claim of
+ our citizens for indemnification and submissive acquiescence
+ in national indignity. It would have encouraged in these
+ lawless men a spirit of insolence and rapine most dangerous
+ to the lives and property of our citizens at Punta Arenas,
+ and probably emboldened them to grasp at the treasures and
+ valuable merchandise continually passing over the Nicaragua
+ route. It certainly would have been most satisfactory to me
+ if the objects of the <i>Cyane's</i> mission could have been
+ consummated without any act of public force, but the arrogant
+ contumacy of the offenders rendered it impossible to avoid
+ the alternative either to break up their establishment or to
+ leave them impressed with the idea that they might persevere
+ with impunity in a career of insolence and plunder.
+ </p>
+ <p>
+ This transaction has been the subject of complaint on the
+ part of some foreign powers, and has been characterized with
+ more of harshness than of justice. If comparisons were to be
+ instituted, it would not be difficult to present repeated
+ instances in the history of states standing in the very front
+ of modern civilization where communities far less offending
+ and more defenseless than Greytown have been chastised with
+ much greater severity, and where not cities only have been
+ laid in ruins, but human life has been recklessly sacrificed
+ and the blood of the innocent made profusely to mingle with
+ that of the guilty.
+ </p>
+ <p>
+ Passing from foreign to domestic affairs, your attention is
+ naturally directed to the financial condition of the country,
+ always a subject of general interest. For complete and exact
+ information regarding the finances and the various branches
+ of the public service connected therewith I refer you to the
+ report of the Secretary of the Treasury, from which it will
+ appear that the amount of revenue during the last fiscal year
+ from all sources was $73,549,705, and that the public
+ expenditures for the same period, exclusive of payments on
+ account of the public debt, amounted to $51,018,249. During
+ the same period the payments made in redemption of the public
+ debt, including interest and premium, amounted to
+ $24,336,380. To the sum total of the receipts of that year is
+ to be added a balance remaining in the Treasury at the
+ commencement thereof, amounting to $21,942,892; and at the
+ close of the same year a corresponding balance, amounting to
+ $20,137,967, of receipts above expenditures also remained in
+ the Treasury. Although, in the opinion of the Secretary of
+ the Treasury, the receipts of the current fiscal year are not
+ likely to equal in amount those of the last, yet they will
+ undoubtedly exceed the amount of expenditures by at least
+ $15,000,000. I shall therefore continue to direct that the
+ surplus revenue be applied, so far as it can be judiciously
+ and economically done, to the reduction of the public debt,
+ the amount of which at the commencement of the last fiscal
+ year was $67,340,628; of which there had been paid on the
+ 20th day of November, 1854, the sum of $22,365,172, leaving a
+ balance of outstanding public debt of only $44,975,456,
+ redeemable at different periods within fourteen years. There
+ are also remnants of other Government stocks, most of which
+ are already due, and on which the interest has ceased, but
+ which have not yet been presented for payment, amounting to
+ $233,179. This statement exhibits the fact that the annual
+ income of the Government greatly exceeds the amount of its
+ public debt, which latter remains unpaid only because the
+ time of payment has not yet matured, and it can not be
+ discharged at once except at the option of public creditors,
+ who prefer to retain the securities of the United States; and
+ the other fact, not less striking, that the annual revenue
+ from all sources exceeds by many millions of dollars the
+ amount needed for a prudent and economical administration of
+ the Government.
+ </p>
+ <p>
+ The estimates presented to Congress from the different
+ Executive Departments at the last session amounted to
+ $38,406,581 and the appropriations made to the sum of
+ $58,116,958. Of this excess of appropriations over estimates,
+ however, more than twenty millions was applicable to
+ extraordinary objects, having no reference to the usual
+ annual expenditures. Among these objects was embraced ten
+ millions to meet the third article of the treaty between the
+ United States and Mexico; so that, in fact, for objects of
+ ordinary expenditure the appropriations were limited to
+ considerably less than $40,000,000. I therefore renew my
+ recommendation for a reduction of the duties on imports. The
+ report of the Secretary of the Treasury presents a series of
+ tables showing the operation of the revenue system for
+ several successive years; and as the general principle of
+ reduction of duties with a view to revenue, and not
+ protection, may now be regarded as the settled policy of the
+ country, I trust that little difficulty will be encountered
+ in settling the details of a measure to that effect.
+ </p>
+ <p>
+ In connection with this subject I recommend a change in the
+ laws, which recent experience has shown to be essential to
+ the protection of the Government. There is no express
+ provision of law requiring the records and papers of a public
+ character of the several officers of the Government to be
+ left in their offices for the use of their successors, nor
+ any provision declaring it felony on their part to make false
+ entries in the books or return false accounts. In the absence
+ of such express provision by law, the outgoing officers in
+ many instances have claimed and exercised the right to take
+ into their own possession important books and papers, on the
+ ground that these were their private property, and have
+ placed them beyond the reach of the Government. Conduct of
+ this character, brought in several instances to the notice of
+ the present Secretary of the Treasury, naturally awakened his
+ suspicion, and resulted in the disclosure that at four
+ ports&mdash;namely, Oswego, Toledo, Sandusky, and
+ Milwaukee&mdash;the Treasury had, by false entries, been
+ defrauded within the four years next preceding March, 1853,
+ of the sum of $198,000. The great difficulty with which the
+ detection of these frauds has been attended, in consequence
+ of the abstraction of books and papers by the retiring
+ officers, and the facility with which similar frauds in the
+ public service may be perpetrated render the necessity of new
+ legal enactments in the respects above referred to quite
+ obvious. For other material modifications of the revenue laws
+ which seem to me desirable, I refer you to the report of the
+ Secretary of the Treasury. That report and the tables which
+ accompany it furnish ample proofs of the solid foundation on
+ which the financial security of the country rests and of the
+ salutary influence of the independent-treasury system upon
+ commerce and all monetary operations.
+ </p>
+ <p>
+ The experience of the last year furnishes additional reasons,
+ I regret to say, of a painful character, for the
+ recommendation heretofore made to provide for increasing the
+ military force employed in the Territory inhabited by the
+ Indians. The settlers on the frontier have suffered much from
+ the incursions of predatory bands, and large parties of
+ emigrants to our Pacific possessions have been massacred with
+ impunity. The recurrence of such scenes can only be prevented
+ by teaching these wild tribes the power of and their
+ responsibility to the United States. From the garrisons of
+ our frontier posts it is only possible to detach troops in
+ small bodies; and though these have on all occasions
+ displayed a gallantry and a stern devotion to duty which on a
+ larger field would have commanded universal admiration, they
+ have usually suffered severely in these conflicts with
+ superior numbers, and have sometimes been entirely
+ sacrificed. All the disposable force of the Army is already
+ employed on this service, and is known to be wholly
+ inadequate to the protection which should be afforded. The
+ public mind of the country has been recently shocked by
+ savage atrocities committed upon defenseless emigrants and
+ border settlements, and hardly less by the unnecessary
+ destruction of valuable lives where inadequate detachments of
+ troops have undertaken to furnish the needed aid. Without
+ increase of the military force these scenes will be repeated,
+ it is to be feared, on a larger scale and with more
+ disastrous consequences. Congress, I am sure, will perceive
+ that the plainest duties and responsibilities of Government
+ are involved in this question, and I doubt not that prompt
+ action may be confidently anticipated when delay must be
+ attended by such fearful hazards.
+ </p>
+ <p>
+ The bill of the last session providing for an increase of the
+ pay of the rank and file of the Army has had beneficial
+ results, not only in facilitating enlistments, but in obvious
+ improvement in the class of men who enter the service. I
+ regret that corresponding consideration was not bestowed on
+ the officers, who, in view of their character and services
+ and the expenses to which they are necessarily subject,
+ receive at present what is, in my judgment, inadequate
+ compensation.
+ </p>
+ <p>
+ The valuable services constantly rendered by the Army and its
+ inestimable importance as the nucleus around which the
+ volunteer forces of the nation can promptly gather in the
+ hour of danger, sufficiently attest the wisdom of maintaining
+ a military peace establishment; but the theory of our system
+ and the wise practice under it require that any proposed
+ augmentation in time of peace be only commensurate with our
+ extended limits and frontier relations. While scrupulously
+ adhering to this principle, I find in existing circumstances
+ a necessity for increase of our military force, and it is
+ believed that four new regiments, two of infantry and two of
+ mounted men, will be sufficient to meet the present exigency.
+ If it were necessary carefully to weigh the cost in a case of
+ such urgency, it would be shown that the additional expense
+ would be comparatively light.
+ </p>
+ <p>
+ With the increase of the numerical force of the Army should,
+ I think, be combined certain measures of reform in its
+ organic arrangement and administration. The present
+ organization is the result of partial legislation often
+ directed to special objects and interests; and the laws
+ regulating rank and command, having been adopted many years
+ ago from the British code, are not always applicable to our
+ service. It is not surprising, therefore, that the system
+ should be deficient in the symmetry and simplicity essential
+ to the harmonious working of its several parts, and require a
+ careful revision.
+ </p>
+ <p>
+ The present organization, by maintaining large staff corps or
+ departments, separates many officers from that close
+ connection with troops and those active duties in the field
+ which are deemed requisite to qualify them for the varied
+ responsibilities of high command. Were the duties of the Army
+ staff mainly discharged by officers detached from their
+ regiments, it is believed that the special service would be
+ equally well performed and the discipline and instruction of
+ the Army be improved. While due regard to the security of the
+ rights of officers and to the nice sense of honor which
+ should be cultivated among them would seem to exact
+ compliance with the established rule of promotion in ordinary
+ cases, still it can hardly be doubted that the range of
+ promotion by selection, which is now practically confined to
+ the grade of general officers, might be somewhat extended
+ with benefit to the public service. Observance of the rule of
+ seniority sometimes leads, especially in time of peace, to
+ the promotion of officers who, after meritorious and even
+ distinguished service, may have been rendered by age or
+ infirmity incapable of performing active duty, and whose
+ advancement, therefore, would tend to impair the efficiency
+ of the Army. Suitable provision for this class of officers,
+ by the creation of a retired list, would remedy the evil
+ without wounding the just pride of men who by past services
+ have established a claim to high consideration. In again
+ commending this measure to the favorable consideration of
+ Congress I would suggest that the power of placing officers
+ on the retired list be limited to one year. The practical
+ operation of the measure would thus be tested, and if after
+ the lapse of years there should be occasion to renew the
+ provision it can be reproduced with any improvements which
+ experience may indicate. The present organization of the
+ artillery into regiments is liable to obvious objections. The
+ service of artillery is that of batteries, and an
+ organization of batteries into a corps of artillery would be
+ more consistent with the nature of their duties. A large part
+ of the troops now called artillery are, and have been, on
+ duty as infantry, the distinction between the two arms being
+ merely nominal. This nominal artillery in our service is
+ disproportionate to the whole force and greater than the
+ wants of the country demand. I therefore commend the
+ discontinuance of a distinction which has no foundation in
+ either the arms used or the character of the service expected
+ to be performed.
+ </p>
+ <p>
+ In connection with the proposition for the increase of the
+ Army, I have presented these suggestions with regard to
+ certain measures of reform as the complement of a system
+ which would produce the happiest results from a given
+ expenditure, and which, I hope, may attract the early
+ attention and be deemed worthy of the approval of Congress.
+ </p>
+ <p>
+ The recommendation of the Secretary of the Navy having
+ reference to more ample provisions for the discipline and
+ general improvement in the character of seamen and for the
+ reorganization and gradual increase of the Navy I deem
+ eminently worthy of your favorable consideration. The
+ principles which have controlled our policy in relation to
+ the permanent military force by sea and land are sound,
+ consistent with the theory of our system, and should by no
+ means be disregarded. But, limiting the force to the objects
+ particularly set forth in the preceding part of this message,
+ we should not overlook the present magnitude and prospective
+ extension of our commercial marine, nor fail to give due
+ weight to the fact that besides the 2,000 miles of Atlantic
+ seaboard we have now a Pacific coast stretching from Mexico
+ to the British possessions in the north, teeming with wealth
+ and enterprise and demanding the constant presence of ships
+ of war. The augmentation of the Navy has not kept pace with
+ the duties properly and profitably assigned to it in time of
+ peace, and it is inadequate for the large field of its
+ operations, not merely in the present, but still more in the
+ progressively increasing exigencies of the commerce of the
+ United States. I cordially approve of the proposed apprentice
+ system for our national vessels recommended by the Secretary
+ of the Navy.
+ </p>
+ <p>
+ The occurrence during the last few months of marine disasters
+ of the most tragic nature, involving great loss of human
+ life, has produced intense emotions of sympathy and sorrow
+ throughout the country. It may well be doubted whether all
+ these calamitous events are wholly attributable to the
+ necessary and inevitable dangers of the sea. The merchants,
+ mariners, and shipbuilders of the United States are, it is
+ true, unsurpassed in far-reaching enterprise, skill,
+ intelligence, and courage by any others in the world. But
+ with the increasing amount of our commercial tonnage in the
+ aggregate and the larger size and improved equipment of the
+ ships now constructed a deficiency in the supply of reliable
+ seamen begins to be very seriously felt. The inconvenience
+ may perhaps be met in part by due regulation for the
+ introduction into our merchant ships of indented apprentices,
+ which, while it would afford useful and eligible occupation
+ to numerous young men, would have a tendency to raise the
+ character of seamen as a class. And it is deserving of
+ serious reflection whether it may not be desirable to revise
+ the existing laws for the maintenance of discipline at sea,
+ upon which the security of life and property on the ocean
+ must to so great an extent depend. Although much attention
+ has already been given by Congress to the proper construction
+ and arrangement of steam vessels and all passenger ships,
+ still it is believed that the resources of science and
+ mechanical skill in this direction have not been exhausted.
+ No good reason exists for the marked distinction which
+ appears upon our statutes between the laws for protecting
+ life and property at sea and those for protecting them on
+ land. In most of the States severe penalties are provided to
+ punish conductors of trains, engineers, and others employed
+ in the transportation of persons by railway or by steamboats
+ on rivers. Why should not the same principle be applied to
+ acts of insubordination, cowardice, or other misconduct on
+ the part of masters and mariners producing injury or death to
+ passengers on the high seas, beyond the jurisdiction of any
+ of the States, and where such delinquencies can be reached
+ only by the power of Congress? The whole subject is earnestly
+ commended to your consideration.
+ </p>
+ <p>
+ The report of the Postmaster-General, to which you are
+ referred for many interesting details in relation to this
+ important and rapidly extending branch of the public service,
+ shows that the expenditure of the year ending June 30, 1854,
+ including $133,483 of balance due to foreign offices,
+ amounted to $8,710,907. The gross receipts during the same
+ period amounted to $6,955,586, exhibiting an expenditure over
+ income of $1,755,321 and a diminution of deficiency as
+ compared with the last year of $361,756. The increase of the
+ revenue of the Department for the year ending June 30, 1854,
+ over the preceding year was $970,399, No proportionate
+ increase, however, can be anticipated for the current year,
+ in consequence of the act of Congress of June 23, 1854,
+ providing for increased compensation to all postmasters. From
+ these statements it is apparent that the Post-Office
+ Department, instead of defraying its expenses according to
+ the design at the time of its creation, is now, and under
+ existing laws must continue to be, to no small extent a
+ charge upon the general Treasury. The cost of mail
+ transportation during the year ending June 30, 1854, exceeds
+ the cost of the preceding year by $495,074. I again call your
+ attention to the subject of mail transportation by ocean
+ steamers, and commend the suggestions of the
+ Postmaster-General to your early attention.
+ </p>
+ <p>
+ During the last fiscal year 11,070,935 acres of the public
+ lands have been surveyed and 8,190,017 acres brought into
+ market. The number of acres sold is 7,035,735 and the amount
+ received therefor $9,285,533. The aggregate amount of lands
+ sold, located under military scrip and land warrants,
+ selected as swamp lands by States, and by locating under
+ grants for roads is upward of 23,000,000 acres. The increase
+ of lands sold over the previous year is about 6,000,000
+ acres, and the sales during the first two quarters of the
+ current year present the extraordinary result of five and a
+ half millions sold, exceeding by nearly 4,000,000 acres the
+ sales of the corresponding quarters of the last year.
+ </p>
+ <p>
+ The commendable policy of the Government in relation to
+ setting apart public domain for those who have served their
+ country in time of war is illustrated by the fact that since
+ 1790 no less than 30,000,000 acres have been applied to this
+ object.
+ </p>
+ <p>
+ The suggestions which I submitted in my annual message of
+ last year in reference to grants of land in aid of the
+ construction of railways were less full and explicit than the
+ magnitude of the subject and subsequent developments would
+ seem to render proper and desirable. Of the soundness of the
+ principle then asserted with regard to the limitation of the
+ power of Congress I entertain no doubt, but in its
+ application it is not enough that the value of lands in a
+ particular locality may be enhanced; that, in fact, a larger
+ amount of money may probably be received in a given time for
+ alternate sections than could have been realized for all the
+ sections without the impulse and influence of the proposed
+ improvements. A prudent proprietor looks beyond limited
+ sections of his domain, beyond present results to the
+ ultimate effect which a particular line of policy is likely
+ to produce upon all his possessions and interests. The
+ Government, which is trustee in this matter for the people of
+ the States, is bound to take the same wise and comprehensive
+ view. Prior to and during the last session of Congress upward
+ of 30,000,000 acres of land were withdrawn from public sale
+ with a view to applications for grants of this character
+ pending before Congress. A careful review of the whole
+ subject led me to direct that all such orders be abrogated
+ and the lands restored to market, and instructions were
+ immediately given to that effect. The applications at the
+ last session contemplated the construction of more than 5,000
+ miles of road and grants to the amount of nearly 20,000,000
+ acres of the public domain. Even admitting the right on the
+ part of Congress to be unquestionable, is it quite clear that
+ the proposed grants would be productive of good, and not
+ evil? The different projects are confined for the present to
+ eleven States of this Union and one Territory. The reasons
+ assigned for the grants show that it is proposed to put the
+ works speedily in process of construction. When we reflect
+ that since the commencement of the construction of railways
+ in the United States, stimulated, as they have been, by the
+ large dividends realized from the earlier works over the
+ great thoroughfares and between the most important points of
+ commerce and population, encouraged by State legislation, and
+ pressed forward by the amazing energy of private enterprise,
+ only 17,000 miles have been completed in all the States in a
+ quarter of a century; when we see the crippled condition of
+ many works commenced and prosecuted upon what were deemed to
+ be sound principles and safe calculations; when we
+ contemplate the enormous absorption of capital withdrawn from
+ the ordinary channels of business, the extravagant rates of
+ interest at this moment paid to continue operations, the
+ bankruptcies, not merely in money but in character, and the
+ inevitable effect upon finances generally, can it be doubted
+ that the tendency is to run to excess in this matter? Is it
+ wise to augment this excess by encouraging hopes of sudden
+ wealth expected to flow from magnificent schemes dependent
+ upon the action of Congress? Does the spirit which has
+ produced such results need to be stimulated or checked? Is it
+ not the better rule to leave all these works to private
+ enterprise, regulated and, when expedient, aided by the
+ cooperation of States? If constructed by private capital the
+ stimulant and the check go together and furnish a salutary
+ restraint against speculative schemes and extravagance. But
+ it is manifest that with the most effective guards there is
+ danger of going too fast and too far.
+ </p>
+ <p>
+ We may well pause before a proposition contemplating a
+ simultaneous movement for the construction of railroads which
+ in extent will equal, exclusive of the great Pacific road and
+ all its branches, nearly one-third of the entire length of
+ such works now completed in the United States, and which can
+ not cost with equipments less than $150,000,000. The dangers
+ likely to result from combinations of interests of this
+ character can hardly be overestimated. But independently of
+ these considerations, where is the accurate knowledge, the
+ comprehensive intelligence, which shall discriminate between
+ the relative claims of these twenty-eight proposed roads in
+ eleven States and one Territory? Where will you begin and
+ where end? If to enable these companies to execute their
+ proposed works it is necessary that the aid of the General
+ Government be primarily given, the policy will present a
+ problem so comprehensive in its bearings and so important to
+ our political and social well-being as to claim in
+ anticipation the severest analysis. Entertaining these views,
+ I recur with satisfaction to the experience and action of the
+ last session of Congress as furnishing assurance that the
+ subject will not fail to elicit a careful reexamination and
+ rigid scrutiny.
+ </p>
+ <p>
+ It was my intention to present on this occasion some
+ suggestions regarding internal improvements by the General
+ Government, which want of time at the close of the last
+ session prevented my submitting on the return to the House of
+ Representatives with objections of the bill entitled "An act
+ making appropriations for the repair, preservation, and
+ completion of certain public works heretofore commenced under
+ the authority of law;" but the space in this communication
+ already occupied with other matter of immediate public
+ exigency constrains me to reserve that subject for a special
+ message, which will be transmitted to the two Houses of
+ Congress at an early day.
+ </p>
+ <p>
+ The judicial establishment of the United States requires
+ modification, and certain reforms in the manner of conducting
+ the legal business of the Government are also much needed;
+ but as I have addressed you upon both of these subjects at
+ length before, I have only to call your attention to the
+ suggestions then made.
+ </p>
+ <p>
+ My former recommendations in relation to suitable provision
+ for various objects of deep interest to the inhabitants of
+ the District of Columbia are renewed. Many of these objects
+ partake largely of a national character, and are important
+ independently of their relation to the prosperity of the only
+ considerable organized community in the Union entirely
+ unrepresented in Congress.
+ </p>
+ <p>
+ I have thus presented suggestions on such subjects as appear
+ to me to be of particular interest or importance, and
+ therefore most worthy of consideration during the short
+ remaining period allotted to the labors of the present
+ Congress.
+ </p>
+ <p>
+ Our forefathers of the thirteen united colonies, in acquiring
+ their independence and in founding this Republic of the
+ United States of America, have devolved upon us, their
+ descendants, the greatest and the most noble trust ever
+ committed to the hands of man, imposing upon all, and
+ especially such as the public will may have invested for the
+ time being with political functions, the most sacred
+ obligations. We have to maintain inviolate the great doctrine
+ of the inherent right of popular self-government; to
+ reconcile the largest liberty of the individual citizen with
+ complete security of the public order; to render cheerful
+ obedience to the laws of the land, to unite in enforcing
+ their execution, and to frown indignantly on all combinations
+ to resist them; to harmonize a sincere and ardent devotion to
+ the institutions of religious faith with the most universal
+ religious toleration; to preserve the rights of all by
+ causing each to respect those of the other; to carry forward
+ every social improvement to the uttermost limit of human
+ perfectibility, by the free action of mind upon mind, not by
+ the obtrusive intervention of misapplied force; to uphold the
+ integrity and guard the limitations of our organic law; to
+ preserve sacred from all touch of usurpation, as the very
+ palladium of our political salvation, the reserved rights and
+ powers of the several States and of the people; to cherish
+ with loyal fealty and devoted affection this Union, as the
+ only sure foundation on which the hopes of civil liberty
+ rest; to administer government with vigilant integrity and
+ rigid economy; to cultivate peace and friendship with foreign
+ nations, and to demand and exact equal justice from all, but
+ to do wrong to none; to eschew intermeddling with the
+ national policy and the domestic repose of other governments,
+ and to repel it from our own; never to shrink from war when
+ the rights and the honor of the country call us to arms, but
+ to cultivate in preference the arts of peace, seek
+ enlargement of the rights of neutrality, and elevate and
+ liberalize the intercourse of nations; and by such just and
+ honorable means, and such only, whilst exalting the condition
+ of the Republic, to assure to it the legitimate influence and
+ the benign authority of a great example amongst all the
+ powers of Christendom.
+ </p>
+ <p>
+ Under the solemnity of these convictions the blessing of
+ Almighty God is earnestly invoked to attend upon your
+ deliberations and upon all the counsels and acts of the
+ Government, to the end that, with common zeal and common
+ efforts, we may, in humble submission to the divine will,
+ cooperate for the promotion of the supreme good of these
+ United States.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SPECIAL MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>December 5, 1854</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 approval, a compact between the United States and the
+ royal Government of Lew Chew, entered into at Napa on the
+ 11th day of July last, for securing certain privileges to
+ vessels of the United States resorting to the Lew Chew
+ Islands.
+ </p>
+ <p>
+ A copy of the instructions of the Secretary of State upon the
+ subject is also herewith transmitted.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 5, 1894</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 regulating the right of
+ inheriting and acquiring property, concluded in this city on
+ the 21st day of August last between the United States and His
+ Highness the Duke of Brunswick and Luneburg.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 11, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ An act for the relief of the legal representatives of Samuel
+ Prioleau, deceased, which provided for the payment of the sum
+ of $6,928.60 to the legal representatives of said Prioleau by
+ the proper accounting officer of the Treasury, was approved
+ by me July 27, 1854. It having been ascertained that the
+ identical claim provided for in this act was liquidated and
+ paid under the provisions of the general act of August 4,
+ 1790, and of the special act of January 24, 1795, the First
+ Comptroller of the Treasury declined to give effect to the
+ law first above referred to without communicating the facts
+ for my consideration. This refusal I regard as fully
+ justified by the facts upon which it was predicated.
+ </p>
+ <p>
+ In view of the destruction of valuable papers by fire in the
+ building occupied by the Treasury Department in 1814 and
+ again in 1833, it is not surprising that cases like this
+ should, more than seventy years after the transaction with
+ which they were connected, be involved in much doubt. The
+ report of the Comptroller, however, shows conclusively by
+ record evidence still preserved in the Department and
+ elsewhere that the sum of $6,122.44, with $3,918.36 interest
+ thereon from the date of the destruction of the property,
+ making the sum of $10,040.80, was allowed to Samuel Prioleau
+ under the act for his relief passed in 1795.
+ </p>
+ <p>
+ That amount was reported by the Auditor to the Comptroller on
+ the 4th day of February, 1795, to be funded as follows, to
+ wit.
+ </p>
+ <pre>
+ Two thirds of $6,122.44 called 6 per cent stock $4,081.63
+ One third called deferred stock 2,040.81
+ Interest on the principal, called 3 per cent stock 3,918.36
+
+ Total 10,040.80
+
+ On the books of the loan office of South Carolina, under date of April
+ 27, 1795 is an entry showing that there was issued of the funded 6 per
+ cent stock to
+
+ Samuel Prioleau 4,081.63
+ Of the deferred stock 2,040.81
+ Of the 3 per cent stock 3,918.36
+
+ Total 10,040.80
+</pre>
+ <p>
+ On the ledger of said loan office an account was opened with
+ Samuel Prioleau, in which he was credited with the three
+ items of stock and deputed by the transfer of each
+ certificate to certain persons named, under dates of May 20,
+ 1795, August 24, 1795, and April 19, 1796.
+ </p>
+ <p>
+ These records show that the account of Samuel Prioleau,
+ required to be settled by the act of January 28, 1795, was
+ settled; that the value of the property destroyed was
+ allowed; that the amount so found due was funded by said
+ Prioleau and entered by his order on the loan-office books of
+ South Carolina, and soon thereafter by him sold and
+ transferred. That the entire funded debt of the United States
+ was long since paid is matter of history.
+ </p>
+ <p>
+ It is apparent that the claim has been prosecuted under a
+ misapprehension on the part of the present claimants.
+ </p>
+ <p>
+ I present the evidence in the case collected by the First
+ Comptroller and embodied in his report for your
+ consideration, together with a copy of a letter just received
+ by that officer from the executor of P.G. Prioleau, and
+ respectfully recommend the repeal of the act of July 27,
+ 1854.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 11, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State,
+ with accompanying documents,<a href="#note-33">33</a> in
+ compliance with the resolution of the House of
+ Representatives of the 27th of July last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 11, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate</i>:
+ </p>
+ <p>
+ I herewith transmit a communication from the Secretary of the
+ Treasury, requesting authority to invest the sum of
+ $6,561.80, received from the sales of lands in the Chickasaw
+ cession, in stocks for the benefit of the Chickasaw national
+ fund, as required by the eleventh article of the treaty with
+ the Chickasaws of the 20th October, 1832, and the act of
+ Congress of 11th September, 1841.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 12, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ Herewith I transmit a report of the Secretary of State, with
+ accompanying papers,<a href="#note-34">34</a> in answer to
+ the resolution of the Senate of the 3d of August last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 16, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-35">35</a> in answer to
+ the resolution of the House of Representatives of the 27th of
+ July last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 19, 1854</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of War, with
+ accompanying papers, in answer to the resolution of the House
+ of Representatives of the 2d of August last, requesting such
+ information as may be in the possession of the War Department
+ touching the cause of any difficulties which may have arisen
+ between the Creek and Seminole Indians since their removal
+ west of the Mississippi and other matters concerning the
+ tribes.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 20, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith transmit to the Senate, for its constitutional
+ action thereon, a treaty made at the Neosho Agency on the
+ 12th August, 1854, by Andrew J. Dorn, commissioner on the
+ part of the United States, and the chiefs and warriors of the
+ Quapaw tribe of Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 20, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith transmit to the Senate, for its constitutional
+ action thereon, a treaty made by Andrew J. Dorn, commissioner
+ on the part of the United States, on the 23d of August, 1854,
+ and the chiefs and warriors of the Senecas of Sandusky and
+ the Senecas and Shawnees of Lewistown, designated by the
+ treaty of 1832 as the United Nation of Seneca and Shawnee
+ Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 20, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith transmit to the Senate, for its constitutional
+ action thereon, a treaty made at La Pointe, Wis., on the 30th
+ of September, 1854, by Henry C. Gilbert and David B.
+ Harriman, commissioners on the part of the United States, and
+ the chiefs and headmen of the Chippewas of Lake Superior and
+ the Mississippi.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 26, 1854</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 5th
+ instant, requesting me, if not incompatible with the public
+ interests, to communicate to that body "copies of all
+ instructions and correspondence between the different
+ Departments of the Government and Major-General Wool,
+ commanding the Pacific division of the Army, in regard to his
+ operations on that coast," I transmit the accompanying
+ documents.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <center>
+ [For message of December 30, 1854, giving an exposition of
+ the reasons of the President for vetoing "An act making
+ appropriations for the repair, preservation, and completion
+ of certain public works heretofore commenced under the
+ authority of law," see pp. 257-271.]
+ </center>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, D.C., <i>January 1, 1855</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In response to the resolution of the House of Representatives
+ of the 11th ultimo, requesting the President "to communicate
+ to this House any proposition which may have been made to the
+ Government by the city authorities of Memphis relative to the
+ navy-yard property recently ceded to that city, together with
+ his views and those of the Navy Department as to the
+ propriety of accepting the proposed re-cession and of
+ reestablishing a naval depot and yard of construction at
+ Memphis," I transmit herewith a report of the Secretary of
+ the Navy, and have only to add my concurrence in the views by
+ him presented.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 9, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith to the Senate, for its constitutional
+ action thereon, an article of agreement and convention made
+ and concluded on the 9th day of December, 1854, between the
+ United States, by George Hepner, United States Indian agent,
+ and the chiefs and headmen of the confederate tribes of Otoe
+ and Missouria Indians, being a supplement to the treaty made
+ between the United States and said confederate tribes on the
+ 15th day of March, 1854.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 10, 1855</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report of the Attorney-General, with
+ the accompanying documents, communicating the information
+ required by the following resolution of the House of
+ Representatives, of the 28th ultimo:
+ </p>
+ <p class="q">
+ <i>Resolved</i>, That the President of the United States be
+ requested to communicate to this House any information
+ possessed by him regarding a suit instituted in the Territory
+ of Minnesota by or in the name of the United States against
+ the Minnesota and Northwestern Railroad Company.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 11, 1855</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 "a statement of the names of the
+ ministers, charg&eacute;s d'affaires, and the secretaries of
+ legation of the United States appointed since the 4th of
+ March, 1849, together with the dates of their commissions,
+ the time of the commencement of their compensation, of their
+ departure for their posts, and of their entering upon their
+ official duties thereat," I transmit the accompanying report
+ from the Secretary of State.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 16, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a letter of the Secretary of War upon the
+ subject of Indian hostilities. The employment of volunteer
+ troops, as suggested by the Secretary, seems to afford the
+ only practicable means of providing for the present
+ emergency.
+ </p>
+ <p>
+ There is much reason to believe that other cases similar in
+ character to those particularly referred to in the
+ accompanying papers will at an early day require vigorous
+ measures and the exhibition of a strong military force. The
+ proposed temporary provision to meet a special demand, so far
+ from obviating, in my judgment only serves to illustrate the
+ urgent necessity of an increase of the Regular Army, at least
+ to the extent recommended in my late annual message. Unless
+ by the plan proposed, or some other equally effective, a
+ force can be early brought into the field adequate to the
+ suppression of existing hostilities, the combination of
+ predatory bands will be extended and the difficulty of
+ restoring order and security greatly magnified. On the other
+ hand, without a permanent military force of sufficient
+ strength to control the unfriendly Indians, it may be
+ expected that hostilities will soon be renewed and that years
+ of border warfare will afflict the country, retarding the
+ progress of settlement, exposing emigrant trains to savage
+ barbarities and consuming millions of the public money.
+ </p>
+ <p>
+ The state of things made known in various letters recently
+ received at the War Department, extracts from a portion of
+ which are herewith inclosed, is calculated to augment the
+ deep solicitude which this matter has for some time past
+ awakened, and which has been earnestly expressed in previous
+ messages and in the annual reports of the Secretary of War.
+ </p>
+ <p>
+ I respectfully submit that the facts now communicated
+ urgently call for immediate action on the part of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 17, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In further compliance with the resolution of the Senate of
+ the 5th of December last, requesting copies of
+ correspondence<a href="#note-36">36</a> between Major-General
+ Wool and the different Departments of the Government, I
+ transmit a report from the Secretary of State and the
+ documents by which it was accompanied.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 19, 1855</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In further compliance with the resolution of the House of
+ Representatives of the 27th of July last, upon the subject of
+ the case of Walter M. Gibson, I transmit a report from the
+ Secretary of State.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 19, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate to the Senate herewith a letter from the
+ Secretary of the Interior, dated the 18th instant, covering a
+ communication from the Commissioner of Indian Affairs, with
+ accompanying papers, and asking that certain appropriations
+ be made for the service of the Indian Department.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 22, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith a communication of this
+ date from the Secretary of the Interior, with accompanying
+ papers, and recommend that the appropriation<a href=
+ "#note-37">37</a> therein asked for be made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 24, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report of the Secretary of the Interior
+ and the Postmaster-General, together with accompanying
+ documents, communicating what has been done in execution of
+ the act of Congress of August 2, 1854, entitled "An act to
+ provide for the accommodation of the courts of the United
+ States in the cities of New York and Philadelphia."
+ </p>
+ <p>
+ I have deemed it best under the circumstances not to enter
+ into contracts for the purchase of sites, but to submit all
+ proposals made, in response to public advertisement for
+ several weeks in the principal newspapers in each of the
+ cities designated, to Congress, for such action as it may
+ deem proper to take in fulfillment of the original design of
+ the before-mentioned act.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 29, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I transmit to Congress herewith a communication of this date
+ from the Secretary of the Interior, with accompanying papers,
+ and recommend that the appropriations therein asked for be
+ made.
+ </p>
+ <p>
+ I avail myself of the occasion to suggest a modification of
+ existing laws, with a view to enable me more effectually to
+ carry into execution the treaties with the different Indian
+ tribes in Kansas Territory.
+ </p>
+ <p>
+ With an earnest desire to promote the early settlement of the
+ ceded lands, as well as those held in trust and to be sold
+ for the benefit of the Indians, I shall exercise all the
+ power intrusted to me to maintain strictly and in good faith
+ our treaty obligations.
+ </p>
+ <p>
+ I respectfully recommend that provisions be made by law
+ requiring the lands which are to be sold on account of the
+ Indians by the Government to be appraised and classified; a
+ minimum price to be fixed, for a less sum than which no sales
+ shall be made without further provision of law; and
+ authorizing the sale of the lands in such quantities and at
+ such times and places as the obligations of the Government,
+ the rights of the Indian tribes, and the public interest,
+ with reference to speedy settlement, may render expedient.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 30, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 6th of
+ December last, requesting the President "to communicate to
+ the Senate, if in his opinion not incompatible with the
+ public interest, the instructions, correspondence, and other
+ documents relating to the naval expedition to Japan, and the
+ proceedings and negotiations resulting in a treaty with the
+ Government thereof," I transmit the inclosed report from the
+ Secretary of the Navy, with the accompanying documents.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 1, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit to the Senate, with a view to ratification, a
+ convention which was concluded between the United States and
+ Mexico at the City of Mexico on the 8th day of January last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 4, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith, for its consideration,
+ the accompanying papers from the Secretary of the Interior,
+ on the subject of the proviso of the act of July 31, 1854, in
+ relation to the removal of the California Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 4, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress the accompanying papers<a href=
+ "#note-38">38</a> from the Secretary of the Interior, and
+ recommend that the appropriations therein asked for may be
+ made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 5, 1855</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, articles of agreement and convention made and
+ concluded at the city of Washington on the 31st day of
+ January, 1855, by George W. Manypenny, as commissioner on the
+ part of the United States, and the chiefs and delegates of
+ the Wyandott tribe of Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 6, 1855</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, in relation to the case of Francis W.
+ Rice,<a href="#note-39">39</a> late United States consul
+ at Acapulco, I transmit a report from the Secretary of
+ State, with the accompanying documents.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 6, 1855</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report<a href="#note-40">40</a> from
+ the Secretary of State, in answer to the resolution of the
+ House of Representatives of the 27th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 7, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit to the Senate, for its advice with regard to
+ ratification, a convention for the mutual extradition of
+ fugitives from justice in certain cases between the United
+ States and His Majesty the King of Hanover, signed by the
+ plenipotentiaries of the two Governments at London on the
+ 18th of January last. An extract from a dispatch of Mr.
+ Buchanan to the Secretary of State relative to the convention
+ is also herewith communicated.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 7, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith a letter and accompanying
+ papers from the Secretary of the Interior, of the 5th
+ instant, on the subject of the colonization of the Indians in
+ the State of California, and recommend that the appropriation
+ therein asked for may be made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 7, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress the accompanying letter from the
+ Secretary of the Interior, with its inclosure, on the subject
+ of a treaty between the United States and the Chippewa
+ Indians of Lake Superior, and recommend that the
+ appropriation therein asked for may be made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 9, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate to the Senate herewith a report from the
+ Secretary of the Treasury, and also one from the Secretary of
+ the Interior, with accompanying papers, containing
+ information called for by the resolution adopted by the
+ Senate on the 30th ultimo, respecting the advance of public
+ moneys to the marshal of the United States for the western
+ district of Arkansas.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 9, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith communicate to the Senate, for its constitutional
+ action thereon, the articles of convention and agreement
+ between the Choctaw and Chickasaw tribes of Indians made on
+ the 4th day of November, 1854, at Doaksville, near Fort
+ Towson, Choctaw Nation.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 12, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ The resolution of the Senate of the 11th of December last,
+ requesting a copy of the official correspondence relative to
+ the late difficulties between the consul of France at San
+ Francisco and the authorities of the United States in
+ California, has been under consideration, and it was hoped
+ that the negotiations on the subject might have been brought
+ to a close, so as to have obviated any objection to a
+ compliance with the resolution at this session of Congress.
+ Those negotiations, however, are still pending, but I
+ entertain a confident expectation that the affair will be
+ definitely and satisfactorily adjusted prior to the next
+ session.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 14, 1855</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 King of the Netherlands, upon the subject of
+ the admission of the United States consuls into the ports of
+ the Dutch colonies.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 14, 1855</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 King of the Kingdom of the Two Sicilies,
+ relative to the rights of neutrals during war.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 17, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate herewith a letter<a href="#note-41">41</a> of
+ the Secretary of the Interior and accompanying paper, for the
+ consideration of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 19, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith, for the constitutional action of the
+ Senate, a treaty made on the 15th day of November, 1854, by
+ Joel Palmer, superintendent of Indian affairs, on the part of
+ the United States, and the chiefs and headmen of the Rogue
+ River Indians in Oregon Territory.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 19, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith, for the constitutional action of the
+ Senate, a treaty made by Isaac I. Stevens, governor and
+ superintendent of Indian affairs in Washington Territory, on
+ the part of the United States, and the chiefs, headmen, and
+ delegates of the Nesqually, Puyallup, Steilacoom, Squawksin,
+ S'Homamish, Ste'h-chass, F'peeksin, Squi-aitl, and
+ Sa-heh-wamish tribes and bands of Indians occupying the lands
+ lying around the head of Pugets Sound and the adjacent inlets
+ in Washington Territory.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 19, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith, for the constitutional action of the
+ Senate, two treaties, one made on the 18th day of November,
+ 1854, by Joel Palmer, superintendent of Indian affairs, on
+ the part of the United States, and the chiefs and headmen of
+ the Quil-si-eton and Na-hel-ta bands of the Chasta tribe of
+ Indians, the Cow-non-ti-co, Sa-cher-i-ton, and Na-al-ye bands
+ of Scotans, and the Grave Creek band of Umpqua Indians in
+ Oregon Territory; the other, made on the 29th of November,
+ 1854, by Joel Palmer, superintendent of Indian affairs, on
+ the part of the United States, and the chiefs and headmen of
+ the confederated bands of the Umpqua tribe of Indians and the
+ Calaponas, residing in Umpqua Valley, Oregon Territory.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 21, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress a communication of this date from
+ the Secretary of the Interior, with the accompanying paper,
+ and recommend that the appropriation<a href="#note-42">42</a>
+ therein asked for be made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 22, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 21st
+ instant, I transmit a report from the Secretary of State,
+ inclosing a copy of the letter<a href="#note-43">43</a>
+ addressed to the Department of State on the 17th November,
+ 1852, by Mr. Joaquin J. de Osma, envoy extraordinary and
+ minister plenipotentiary of the Republic of Peru.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 23, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith a communication of this
+ date from the Secretary of the Interior, with accompanying
+ estimates, and recommend that the appropriation<a href=
+ "#note-44">44</a> therein asked for be made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 24, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 22d
+ instant, I transmit a report from the Secretary of State,
+ together with the copy of a communication from Francis W.
+ Rice,<a href="#note-45">45</a> therein referred to.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 26, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report of the Secretary of the Navy, in
+ compliance with a resolution of the Senate of the 20th
+ instant, requesting the President "to communicate to the
+ Senate a copy of the order issued by the Navy Department to
+ the officer in command of the Home Squadron in pursuance of
+ which the United States sloop of war <i>Albany</i> was
+ ordered on her last cruise to Carthagena and Aspinwall, etc.;
+ also of the orders given by such officer to Commander Gerry
+ to proceed upon such cruise, and also of any reports or
+ letters from the captain of the <i>Albany</i> on the
+ necessity of repairs to said vessel."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 27, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I transmit to Congress herewith a communication of this date
+ from the Secretary of the Interior, and recommend that the
+ appropriation<a href="#note-46">46</a> therein asked for be
+ made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 27, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate herewith, for the consideration of Congress, a
+ letter of this date from the Secretary of the Interior, and
+ accompanying paper, recommending certain
+ appropriations<a href="#note-47">47</a> on account of the
+ Indian service.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 27, 1855</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, a treaty made in this city on the 22d instant
+ between the United States and the Mississippi, the Pillager,
+ and the Lake Winnibigoshish bands of Chippewa Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 28, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ For eminent services in the late war with Mexico, I nominate
+ Major-General Winfield Scott, of the Army of the United
+ States, to be lieutenant-general by brevet in the same, to
+ take rank as such from March 29, 1847, the day on which the
+ United States forces under his command captured Vera Cruz and
+ the castle of San Juan de Ulua.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 28, 1855</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, a treaty made and concluded in this city on
+ the 27th day of February, 1855, between George W. Manypenny,
+ commissioner on the part of the United States, and the chiefs
+ and delegates of the Winnebago tribe of Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 1, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith a copy of an act of the
+ legislature of the State of Texas, approved the 11th of
+ February, 1854, making partial provision for running and
+ marking the boundary line between the said State and the
+ territories of the United States from the point where the
+ said line leaves the Red River to its intersection with the
+ Rio Grande, and appropriating $10,000 toward carrying the
+ same into effect, when the United States shall have made
+ provision by the enactment of a law for the appointment of
+ the necessary officers to join in the execution of said
+ survey.
+ </p>
+ <p>
+ It will be perceived from the accompanying papers that the
+ early demarcation of said boundary line is urgently desired
+ on the part of Texas, and, acquiescing in the importance
+ thereof, I recommend that provision be made by law for the
+ appointment of officers to act in conjunction with those to
+ be appointed by the State of Texas, and that the sum of
+ $10,000 at least be appropriated for the payment of their
+ salaries and necessary incidental expenses.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 2, 1855</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, the articles of a treaty negotiated on the
+ 4th of January, 1855, between Joel Palmer, superintendent of
+ Indian affairs in Oregon, and the chiefs of certain
+ confederated tribes of Indians residing in the Willamette
+ Valley of Oregon.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE MANSION, <i>March 2, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith submit a report of the Secretary of War,
+ containing all the information that can now be furnished in
+ reply to the resolution of the Senate of the 28th ultimo,
+ requesting "a statement of the number of muskets, rifles, and
+ other arms and equipments delivered to the State arsenals,
+ respectively, the number remaining on hand, and the number
+ sold and accounted for; also, the date and amount of such
+ sales."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 2, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I transmit to Congress herewith a communication of this date
+ from the Secretary of the Interior, with accompanying
+ papers,<a href="#note-48">48</a> and recommend that the
+ appropriations therein asked for be made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 2, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I transmit to Congress herewith a communication of this date
+ from the Secretary of the Interior, with its
+ inclosure,<a href="#note-49">49</a> and recommend that the
+ appropriations therein asked for be made.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 3, 1855</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith to the House of Representatives a report
+ from the Secretary of State, with accompanying
+ documents,<a href="#note-50">50</a> in answer to their
+ resolutions of the 30th of January and 23d February last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ VETO MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>February 17, 1855</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I have received and carefully considered the bill entitled
+ "An act to provide for the ascertainment of claims of
+ American citizens for spoliations committed by the French
+ prior to the 31st of July, 1801," and in the discharge of a
+ duty imperatively enjoined on me by the Constitution I return
+ the same with my objections to the House of Representatives,
+ in which it originated.
+ </p>
+ <p>
+ In the organization of the Government of the United States
+ the legislative and executive functions were separated and
+ placed in distinct hands. Although the President is required
+ from time to time to recommend to the consideration of
+ Congress such measures as he shall judge necessary and
+ expedient, his participation in the formal business of
+ legislation is limited to the single duty, in a certain
+ contingency, of demanding for a bill a particular form of
+ vote prescribed by the Constitution before it can become a
+ law. He is not invested with power to defeat legislation by
+ an absolute veto, but only to restrain it, and is charged
+ with the duty, in case he disapproves a measure, of invoking
+ a second and a more deliberate and solemn consideration of it
+ on the part of Congress. It is not incumbent on the President
+ to sign a bill as a matter of course, and thus merely to
+ authenticate the action of Congress, for he must exercise
+ intelligent judgment or be faithless to the trust reposed in
+ him. If he approve a bill, he shall sign it, but if not he
+ shall return it with his objections to that House in which it
+ shall have originated for such further action as the
+ Constitution demands, which is its enactment, if at all, not
+ by a bare numerical majority, as in the first instance, but
+ by a constitutional majority of two-thirds of both Houses.
+ </p>
+ <p>
+ While the Constitution thus confers on the legislative bodies
+ the complete power of legislation in all cases, it proceeds,
+ in the spirit of justice, to provide for the protection of
+ the responsibility of the President. It does not compel him
+ to affix the signature of approval to any bill unless it
+ actually have his approbation; for while it requires him to
+ sign if he approve, it, in my judgment, imposes upon him the
+ duty of withholding his signature if he do not approve. In
+ the execution of his official duty in this respect he is not
+ to perform a mere mechanical part, but is to decide and act
+ according to conscientious convictions of the rightfulness or
+ wrongfulness of the proposed law. In a matter as to which he
+ is doubtful in his own mind he may well defer to the majority
+ of the two Houses. Individual members of the respective
+ Houses, owing to the nature, variety, and amount of business
+ pending, must necessarily rely for their guidance in many,
+ perhaps most, cases, when the matters involved are not of
+ popular interest, upon the investigation of appropriate
+ committees, or, it may be, that of a single member, whose
+ attention has been particularly directed to the subject. For
+ similar reasons, but even to a greater extent, from the
+ number and variety of subjects daily urged upon his
+ attention, the President naturally relies much upon the
+ investigation had and the results arrived at by the two
+ Houses, and hence those results, in large classes of cases,
+ constitute the basis upon which his approval rests. The
+ President's responsibility is to the whole people of the
+ United States, as that of a Senator is to the people of a
+ particular State, that of a Representative to the people of a
+ State or district; and it may be safely assumed that he will
+ not resort to the clearly defined and limited power of
+ arresting legislation and calling for reconsideration of any
+ measure except in obedience to requirements of duty. When,
+ however, he entertains a decisive and fixed conclusion, not
+ merely of the unconstitutionality, but of the impropriety, or
+ injustice in other respects, of any measure, if he declare
+ that he approves it he is false to his oath, and he
+ deliberately disregards his constitutional obligations.
+ </p>
+ <p>
+ I cheerfully recognize the weight of authority which attaches
+ to the action of a majority of the two Houses. But in this
+ case, as in some others, the framers of our Constitution, for
+ wise considerations of public good, provided that nothing
+ less than a two-thirds vote of one or both of the Houses of
+ Congress shall become effective to bind the coordinate
+ departments of the Government, the people, and the several
+ States. If there be anything of seeming invidiousness in the
+ official right thus conferred on the President, it is in
+ appearance only, for the same right of approving or
+ disapproving a bill, according to each one's own judgment, is
+ conferred on every member of the Senate and of the House of
+ Representatives.
+ </p>
+ <p>
+ It is apparent, therefore, that the circumstances must be
+ extraordinary which would induce the President to withhold
+ approval from a bill involving no violation of the
+ Constitution. The amount of the claims proposed to be
+ discharged by the bill before me, the nature of the
+ transactions in which those claims are alleged to have
+ originated, the length of time during which they have
+ occupied the attention of Congress and the country, present
+ such an exigency. Their history renders it impossible that a
+ President who has participated to any considerable degree in
+ public affairs could have failed to form respecting them a
+ decided opinion upon what he would deem satisfactory grounds.
+ Nevertheless, instead of resting on former opinions, it has
+ seemed to me proper to review and more carefully examine the
+ whole subject, so as satisfactorily to determine the nature
+ and extent of my obligations in the premises.
+ </p>
+ <p>
+ I feel called upon at the threshold to notice an assertion,
+ often repeated, that the refusal of the United States to
+ satisfy these claims in the manner provided by the present
+ bill rests as a stain on the justice of our country. If it be
+ so, the imputation on the public honor is aggravated by the
+ consideration that the claims are coeval with the present
+ century, and it has been a persistent wrong during that whole
+ period of time. The allegation is that private property has
+ been taken for public use without just compensation, in
+ violation of express provision of the Constitution, and that
+ reparation has been withheld and justice denied until the
+ injured parties have for the most part descended to the
+ grave. But it is not to be forgotten or overlooked that those
+ who represented the people in different capacities at the
+ time when the alleged obligations were incurred, and to whom
+ the charge of injustice attaches in the first instance, have
+ also passed away and borne with them the special information
+ which controlled their decision and, it may be well presumed,
+ constituted the justification of their acts.
+ </p>
+ <p>
+ If, however, the charge in question be well founded, although
+ its admission would inscribe on our history a page which we
+ might desire most of all to obliterate, and although, if
+ true, it must painfully disturb our confidence in the justice
+ and the high sense of moral and political responsibility of
+ those whose memories we have been taught to cherish with so
+ much reverence and respect, still we have only one course of
+ action left to us, and that is to make the most prompt and
+ ample reparation in our power and consign the wrong as far as
+ may be to forgetfulness.
+ </p>
+ <p>
+ But no such heavy sentence of condemnation should be lightly
+ passed upon the sagacious and patriotic men who participated
+ in the transactions out of which these claims are supposed to
+ have arisen, and who, from their ample means of knowledge of
+ the general subject in its minute details and from their
+ official position, are peculiarly responsible for whatever
+ there is of wrong or injustice in the decisions of the
+ Government.
+ </p>
+ <p>
+ Their justification consists in that which constitutes the
+ objection to the present bill, namely, the absence of any
+ indebtedness on the part of the United States. The charge of
+ denial of justice in this case, and consequent stain upon our
+ national character, has not yet been indorsed by the American
+ people. But if it were otherwise, this bill, so far from
+ relieving the past, would only stamp on the present a more
+ deep and indelible stigma. It admits the justice of the
+ claims, concedes that payment has been wrongfully withheld
+ for fifty years, and then proposes not to pay them, but to
+ compound with the public creditors by providing that, whether
+ the claims shall be presented or not, whether the sum
+ appropriated shall pay much or little of what shall be found
+ due, the law itself shall constitute a perpetual bar to all
+ future demands. This is not, in my judgment, the way to atone
+ for wrongs if they exist, nor to meet subsisting obligations.
+ </p>
+ <p>
+ If new facts, not known or not accessible during the
+ Administration of Mr. Jefferson, Mr. Madison, or Mr. Monroe,
+ had since been brought to light, or new sources of
+ information discovered, this would greatly relieve the
+ subject of embarrassment. But nothing of this nature has
+ occurred.
+ </p>
+ <p>
+ That those eminent statesmen had the best means of arriving
+ at a correct conclusion no one will deny. That they never
+ recognized the alleged obligation on the part of the
+ Government is shown by the history of their respective
+ Administrations. Indeed, it stands not as a matter of
+ controlling authority, but as a fact of history, that these
+ claims have never since our existence as a nation been deemed
+ by any President worthy of recommendation to Congress.
+ </p>
+ <p>
+ Claims to payment can rest only on the plea of indebtedness
+ on the part of the Government. This requires that it should
+ be shown that the United States have incurred liability to
+ the claimants, either by such acts as deprived them of their
+ property or by having actually taken it for public use
+ without making just compensation for it.
+ </p>
+ <p>
+ The first branch of the proposition&mdash;that on which an
+ equitable claim to be indemnified by the United States for
+ losses sustained might rest&mdash;requires at least a cursory
+ examination of the history of the transactions on which the
+ claims depend. The first link which in the chain of events
+ arrests attention is the treaties of alliance and of amity
+ and commerce between the United States and France negotiated
+ in 1778. By those treaties peculiar privileges were secured
+ to the armed vessels of each of the contracting parties in
+ the ports of the other, the freedom of trade was greatly
+ enlarged, and mutual obligations were incurred by each to
+ guarantee to the other their territorial possessions in
+ America.
+ </p>
+ <p>
+ In 1792-93, when war broke out between France and Great
+ Britain, the former claimed privileges in American ports
+ which our Government did not admit as deducible from the
+ treaties of 1778, and which it was held were in conflict with
+ obligations to the other belligerent powers. The liberal
+ principle of one of the treaties referred to&mdash;that free
+ ships make free goods, and that subsistence and supplies were
+ not contraband of war unless destined to a blockaded
+ port&mdash;was found, in a commercial view, to operate
+ disadvantageously to France as compared with her enemy, Great
+ Britain, the latter asserting, under the law of nations, the
+ right to capture as contraband supplies when bound for an
+ enemy's port.
+ </p>
+ <p>
+ Induced mainly, it is believed, by these considerations, the
+ Government of France decreed on the 9th of May, 1793, the
+ first year of the war, that "the French people are no longer
+ permitted to fulfill toward the neutral powers in general the
+ vows they have so often manifested, and which they constantly
+ make for the full and entire liberty of commerce and
+ navigation," and, as a counter measure to the course of Great
+ Britain, authorized the seizure of neutral vessels bound to
+ an enemy's port in like manner as that was done by her great
+ maritime rival. This decree was made to act retrospectively,
+ and to continue until the enemies of France should desist
+ from depredations on the neutral vessels bound to the ports
+ of France. Then followed the embargo, by which our vessels
+ were detained in Bordeaux; the seizure of British goods on
+ board of our ships, and of the property of American citizens
+ under the pretense that it belonged to English subjects, and
+ the imprisonment of American citizens captured on the high
+ seas.
+ </p>
+ <p>
+ Against these infractions of existing treaties and violations
+ of our rights as a neutral power we complained and
+ remonstrated. For the property of our injured citizens we
+ demanded that due compensation should be made, and from 1793
+ to 1797 used every means, ordinary and extraordinary, to
+ obtain redress by negotiation. In the last-mentioned year
+ these efforts were met by a refusal to receive a minister
+ sent by our Government with special instructions to represent
+ the amicable disposition of the Government and people of the
+ United States and their desire to remove jealousies and to
+ restore confidence by showing that the complaints against
+ them were groundless. Failing in this, another attempt to
+ adjust all differences between the two Republics was made in
+ the form of an extraordinary mission, composed of three
+ distinguished citizens, but the refusal to receive was
+ offensively repeated, and thus terminated this last effort to
+ preserve peace and restore kind relations with our early
+ friend and ally, to whom a debt of gratitude was due which
+ the American people have never been willing to depreciate or
+ to forget. Years of negotiation had not only failed to secure
+ indemnity for our citizens and exemption from further
+ depredation, but these long-continued efforts had brought
+ upon the Government the suspension of diplomatic intercourse
+ with France and such indignities as to induce President
+ Adams, in his message of May 16, 1797, to Congress, convened
+ in special session, to present it as the particular matter
+ for their consideration and to speak of it in terms of the
+ highest indignation. Thenceforward the action of our
+ Government assumed a character which clearly indicates that
+ hope was no longer entertained from the amicable feeling or
+ justice of the Government of France, and hence the subsequent
+ measures were those of force.
+ </p>
+ <p>
+ On the 28th of May, 1798, an act was passed for the
+ employment of the Navy of the United States against "armed
+ vessels of the Republic of France," and authorized their
+ capture if "found hovering on the coast of the United States
+ for the purpose of committing depredations on the vessels
+ belonging to the citizens thereof;" on the 18th of June,
+ 1798, an act was passed prohibiting commercial intercourse
+ with France under the penalty of the forfeiture of the
+ vessels so employed; on the 25th of June, the same year, an
+ act to arm the merchant marine to oppose searches, capture
+ aggressors, and recapture American vessels taken by the
+ French; on the 28th of June, same year, an act for the
+ condemnation and sale of French vessels captured by authority
+ of the act of 28th of May preceding; on the 27th of July,
+ same year, an act abrogating the treaties and the convention
+ which had been concluded between the United States and
+ France, and declaring "that the same shall not henceforth be
+ regarded as legally obligatory on the Government or citizens
+ of the United States;" on the 9th of the same month an act
+ was passed which enlarged the limits of the hostilities then
+ existing by authorizing our public vessels to capture armed
+ vessels of France wherever found upon the high seas, and
+ conferred power on the President to issue commissions to
+ private armed vessels to engage in like service.
+ </p>
+ <p>
+ These acts, though short of a declaration of war, which would
+ put ail the citizens of each country in hostility with those
+ of the other, were, nevertheless, actual war, partial in its
+ application, maritime in its character, but which required
+ the expenditure of much of our public treasure and much of
+ the blood of our patriotic citizens, who, in vessels but
+ little suited to the purposes of war, went forth to battle on
+ the high seas for the rights and security of their
+ fellow-citizens and to repel indignities offered to the
+ national honor.
+ </p>
+ <p>
+ It is not, then, because of any failure to use all available
+ means, diplomatic and military, to obtain reparation that
+ liability for private claims can have been incurred by the
+ United States, and if there is any pretense for such
+ liability it must flow from the action, not from the neglect,
+ of the United States. The first complaint on the part of
+ France was against the proclamation of President Washington
+ of April 22, 1793. At that early period in the war which
+ involved Austria, Prussia, Sardinia, the United Netherlands,
+ and Great Britain on the one part and France on the other,
+ the great and wise man who was the Chief Executive, as he was
+ and had been the guardian of our then infant Republic,
+ proclaimed that "the duty and interest of the United States
+ require that they should with sincerity and good faith adopt
+ and pursue a conduct friendly and impartial toward the
+ belligerent powers." This attitude of neutrality, it was
+ pretended, was in disregard of the obligations of alliance
+ between the United States and France. And this, together with
+ the often-renewed complaint that the stipulations of the
+ treaties of 1778 had not been observed and executed by the
+ United States, formed the pretext for the series of outrages
+ upon our Government and its citizens which finally drove us
+ to seek redress and safety by an appeal to force. The
+ treaties of 1778, so long the subject of French complaints,
+ are now understood to be the foundation upon which are laid
+ these claims of indemnity from the United States for
+ spoliations committed by the French prior to 1800. The act of
+ our Government which abrogated not only the treaties of 1778,
+ but also the subsequent consular convention of 1788, has
+ already been referred to, and it may be well here to inquire
+ what the course of France was in relation thereto. By the
+ decrees of 9th of May, 1793, 7th of July, 1796, and 2d of
+ March, 1797, the stipulations which were then and
+ subsequently most important to the United States were
+ rendered wholly inoperative. The highly injurious effects
+ which these decrees are known to have produced show how vital
+ were the provisions of treaty which they violated, and make
+ manifest the incontrovertible right of the United States to
+ declare, as the consequence of these acts of the other
+ contracting party, the treaties at an end.
+ </p>
+ <p>
+ The next step in this inquiry is whether the act declaring
+ the treaties null and void was ever repealed, or whether by
+ any other means the treaties were ever revived so as to be
+ either the subject or the source of national obligation. The
+ war which has been described was terminated by the treaty of
+ Paris of 1800, and to that instrument it is necessary to turn
+ to find how much of preexisting obligations between the two
+ Governments outlived the hostilities in which they had been
+ engaged. By the second article of the treaty of 1800 it was
+ declared that the ministers plenipotentiary of the two
+ parties not being able to agree respecting the treaties of
+ alliance, amity, and commerce of 1778 and the convention of
+ 1788, nor upon the indemnities mutually due or claimed, the
+ parties will negotiate further on these subjects at a
+ convenient time; and until they shall have agreed upon these
+ points the said treaties and convention shall have no
+ operation.
+ </p>
+ <p>
+ When the treaty was submitted to the Senate of the United
+ States, the second article was disagreed to and the treaty
+ amended by striking it out and inserting a provision that the
+ convention then made should continue in force eight years
+ from the date of ratification, which convention, thus
+ amended, was accepted by the First Consul of France, with the
+ addition of a note explanatory of his construction of the
+ convention, to the effect that by the retrenchment of the
+ second article the two States renounce the respective
+ pretensions which were the object of the said article.
+ </p>
+ <p>
+ It will be perceived by the language of the second article,
+ as originally framed by the negotiators, that they had found
+ themselves unable to adjust the controversies on which years
+ of diplomacy and of hostilities had been expended, and that
+ they were at last compelled to postpone the discussion of
+ those questions to that most indefinite period, a "convenient
+ time." All, then, of these subjects which was revived by the
+ convention was the right to renew, when it should be
+ convenient to the parties, a discussion which had already
+ exhausted negotiation, involved the two countries in a
+ maritime war, and on which the parties had approached no
+ nearer to concurrence than they were when the controversy
+ began.
+ </p>
+ <p>
+ The obligations of the treaties of 1778 and the convention of
+ 1788 were mutual, and estimated to be equal. But however
+ onerous they may have been to the United States, they had
+ been abrogated, and were not revived by the convention of
+ 1800, but expressly spoken of as suspended until an event
+ which could only occur by the pleasure of the United States.
+ It seems clear, then, that the United States were relieved of
+ no obligation to France by the retrenchment of the second
+ article of the convention, and if thereby France was relieved
+ of any valid claims against her the United States received no
+ consideration in return, and that if private property was
+ taken by the United States from their own citizens it was not
+ for public use. But it is here proper to inquire whether the
+ United States did relieve France from valid claims against
+ her on the part of citizens of the United States, and did
+ thus deprive them of their property.
+ </p>
+ <p>
+ The complaints and counter complaints of the two Governments
+ had been that treaties were violated and that both public and
+ individual rights and interests had been sacrificed. The
+ correspondence of our ministers engaged in negotiations, both
+ before and after the convention of 1800, sufficiently proves
+ how hopeless was the effort to obtain full indemnity from
+ France for injuries inflicted on our commerce from 1793 to
+ 1800, unless it should be by an account in which the rival
+ pretensions of the two Governments should each be
+ acknowledged and the balance struck between them.
+ </p>
+ <p>
+ It is supposable, and may be inferred from the
+ contemporaneous history as probable, that had the United
+ States agreed in 1800 to revive the treaties of 1778 and 1788
+ with the construction which France had placed upon them, that
+ the latter Government would, on the other hand, have agreed
+ to make indemnity for those spoliations which were committed
+ under the pretext that the United States were faithless to
+ the obligations of the alliance between the two countries.
+ </p>
+ <p>
+ Hence the conclusion that the United States did not sacrifice
+ private rights or property to get rid of public obligations,
+ but only refused to reassume public obligations for the
+ purpose of obtaining the recognition of the claims of
+ American citizens on the part of France.
+ </p>
+ <p>
+ All those claims which the French Government was willing to
+ admit were carefully provided for elsewhere in the
+ convention, and the declaration of the First Consul, which
+ was appended in his additional note, had no other application
+ than to the claims which had been mutually made by the
+ Governments, but on which they had never approximated to an
+ adjustment. In confirmation of the fact that our Government
+ did not intend to cease from the prosecution of the just
+ claims of our citizens against France, reference is here made
+ to the annual message of President Jefferson of December 8,
+ 1801, which opens with expressions of his gratification at
+ the restoration of peace among sister nations; and, after
+ speaking of the assurances received from all nations with
+ whom we had principal relations and of the confidence thus
+ inspired that our peace with them would not have been
+ disturbed if they had continued at war with each other, he
+ proceeds to say:
+ </p>
+ <p class="q">
+ But a cessation of irregularities which had affected the
+ commerce of neutral nations, and of the irritations and
+ injuries produced by them, can not but add to this
+ confidence, and strengthens at the same time the hope that
+ wrongs committed on unoffending friends under a pressure of
+ circumstances will now be reviewed with candor, and will be
+ considered as founding just claims of retribution for the
+ past and new assurance for the future.
+ </p>
+ <p>
+ The zeal and diligence with which the claims of our citizens
+ against France were prosecuted appear in the diplomatic
+ correspondence of the three years next succeeding the
+ convention of 1800, and the effect of these efforts is made
+ manifest in the convention of 1803, in which provision was
+ made for payment of a class of cases the consideration of
+ which France had at all previous periods refused to
+ entertain, and which are of that very class which it has been
+ often assumed were released by striking out the second
+ article of the convention of 1800. This is shown by reference
+ to the preamble and to the fourth and fifth articles of the
+ convention of 1803, by which were admitted among the debts
+ due by France to citizens of the United States the amounts
+ chargeable for "prizes made at sea in which the appeal has
+ been properly lodged within the time mentioned in the said
+ convention of the 30th of September, 1800;" and this class
+ was further defined to be only "captures of which the council
+ of prizes shall have ordered restitution, it being well
+ understood that the claimant can not have recourse to the
+ United States otherwise than he might have had to the French
+ Republic, and only in case of the insufficiency of the
+ captors."
+ </p>
+ <p>
+ If, as was affirmed on all hands, the convention of 1803 was
+ intended to close all questions between the Governments of
+ France and the United States, and 20,000,000 francs were set
+ apart as a sum which might exceed, but could not fall short
+ of, the debts due by France to the citizens of the United
+ States, how are we to reconcile the claim now presented with
+ the estimates made by those who were of the time and
+ immediately connected with the events, and whose intelligence
+ and integrity have in no small degree contributed to the
+ character and prosperity of the country in which we live? Is
+ it rational to assume that the claimants who now present
+ themselves for indemnity by the United States represent debts
+ which would have been admitted and paid by France but for the
+ intervention of the United States? And is it possible to
+ escape from the effect of the voluminous evidence tending to
+ establish the fact that France resisted all these claims;
+ that it was only after long and skillful negotiation that the
+ agents of the United States obtained the recognition of such
+ of the claims as were provided for in the conventions of 1800
+ and 1803? And is it not conclusive against any pretensions of
+ possible success on the part of the claimants, if left
+ unaided to make their applications to France, that the only
+ debts due to American citizens which have been paid by France
+ are those which were assumed by the United States as part of
+ the consideration in the purchase of Louisiana?
+ </p>
+ <p>
+ There is little which is creditable either to the judgment or
+ patriotism of those of our fellow-citizens who at this day
+ arraign the justice, the fidelity, or love of country of the
+ men who founded the Republic in representing them as having
+ bartered away the property of individuals to escape from
+ public obligations, and then to have withheld from them just
+ compensation. It has been gratifying to me in tracing the
+ history of these claims to find that ample evidence exists to
+ refute an accusation which would impeach the purity, the
+ justice, and the magnanimity of the illustrious men who
+ guided and controlled the early destinies of the Republic.
+ </p>
+ <p>
+ I pass from this review of the history of the subject, and,
+ omitting many substantial objections to these claims, proceed
+ to examine somewhat more closely the only grounds upon which
+ they can by possibility be maintained.
+ </p>
+ <p>
+ Before entering on this it may be proper to state distinctly
+ certain propositions which it is admitted on all hands are
+ essential to prove the obligations of the Government.
+ </p>
+ <p>
+ First. That at the date of the treaty of September 30, 1800,
+ these claims were valid and subsisting as against France.
+ </p>
+ <p>
+ Second. That they were released or extinguished by the United
+ States in that treaty and by the manner of its ratification.
+ </p>
+ <p>
+ Third. That they were so released or extinguished for a
+ consideration valuable to the Government, but in which the
+ claimants had no more interest than any other citizens.
+ </p>
+ <p>
+ The convention between the French Republic and the United
+ States of America signed at Paris on the 30th day of
+ September, 1800, purports in the preamble to be founded on
+ the equal desire of the First Consul (Napoleon Bonaparte) and
+ the President of the United States to terminate the
+ differences which have arisen between the two States. It
+ declares, in the first place, that there shall be firm,
+ inviolable, and universal peace and a true and sincere
+ friendship between the French Republic and the United States.
+ Next it proceeds, in the second, third, fourth, and fifth
+ articles, to make provision in sundry respects, having
+ reference to past differences and the transition from the
+ state of war between the two countries to that of general and
+ permanent peace. Finally, in the residue of the
+ twenty-seventh article, it stipulates anew the conditions of
+ amity and intercourse, commercial and political, thereafter
+ to exist, and, of course, to be substituted in place of the
+ previous conditions of the treaties of alliance and of
+ commerce and the consular convention, which are thus tacitly
+ but unequivocally recognized as no longer in force, but in
+ effect abrogated, either by the state of war or by the
+ political action of the two Republics.
+ </p>
+ <p>
+ Except in so far as the whole convention goes to establish
+ the fact that the previous treaties were admitted on both
+ sides to be at an end, none of the articles are directly
+ material to the present question save the following:
+ </p>
+ <p class="q">
+ ART. II. The ministers plenipotentiary of the two parties not
+ being able to agree at present respecting the treaty of
+ alliance of 6th February, 1778, the treaty of amity and
+ commerce of the same date, and the convention of 14th of
+ November, 1788, nor upon the indemnities mutually due or
+ claimed, the parties will negotiate further on these subjects
+ at a convenient time; and until they may have agreed upon
+ these points the said treaties and convention shall have no
+ operation, and the relations of the two countries shall be
+ regulated as follows:
+ </p>
+ <hr>
+ <p class="q">
+ ART. V. The debts contracted by one of the two nations with
+ individuals of the other, or by the individuals of one with
+ the individuals of the other, shall be paid, or the payment
+ may be prosecuted, in the same manner as if there had been no
+ misunderstanding between the two States. But this clause
+ shall not extend to indemnities claimed on account of
+ captures or confiscations.
+ </p>
+ <p>
+ On this convention being submitted to the Senate of the
+ United States, they consented and advised to its ratification
+ with the following proviso:
+ </p>
+ <p class="q">
+ <i>Provided</i>, That the second article be expunged, and
+ that the following article be added or inserted: It is agreed
+ that the present convention shall be in force for the term of
+ eight years from the time of the exchange of ratifications.
+ </p>
+ <p>
+ The spirit and purpose of this change are apparent and
+ unmistakable. The convention as signed by the respective
+ plenipotentiaries did not adjust all the points of
+ controversy. Both nations, however, desired the restoration
+ of peace. Accordingly, as to those matters in the relations
+ of the two countries concerning which they could agree, they
+ did agree for the time being; and as to the rest, concerning
+ which they could not agree, they suspended and postponed
+ further negotiation.
+ </p>
+ <p>
+ They abandoned no pretensions, they relinquished no right on
+ either side, but simply adjourned the question until "a
+ convenient time." Meanwhile, and until the arrival of such
+ convenient time, the relations of the two countries were to
+ be regulated by the stipulations of the convention.
+ </p>
+ <p>
+ Of course the convention was on its face a temporary and
+ provisional one, but in the worst possible form of
+ prospective termination. It was to cease at a convenient
+ time. But how should that convenient time be ascertained? It
+ is plain that such a stipulation, while professedly not
+ disposing of the present controversy, had within itself the
+ germ of a fresh one, for the two Governments might at any
+ moment fall into dispute on the question whether that
+ convenient time had or had not arrived. The Senate of the
+ United States anticipated and prevented this question by the
+ only possible expedient; that is, the designation of a
+ precise date. This being done, the remaining parts of the
+ second article became superfluous and useless, for as all the
+ provisions of the convention would expire in eight years, it
+ would necessarily follow that negotiations must be renewed
+ within that period, more especially as the operation of the
+ amendment which covered the whole convention was that even
+ the stipulation of peace in the first article became
+ temporary and expired in eight years, whereas that article,
+ and that article alone, was permanent according to the
+ original tenor of the convention.
+ </p>
+ <p>
+ The convention thus amended, being submitted to the First
+ Consul, was ratified by him, his act of acceptance being
+ accompanied with the following declaratory note:
+ </p>
+ <p class="q">
+ The Government of the United States having added in its
+ ratification that the convention should be in force for the
+ space of eight years, and having omitted the second article,
+ the Government of the French Republic consents to accept,
+ ratify, and confirm the above convention with the addition
+ importing that the convention shall be in force for the space
+ of eight years and with the retrenchment of the second
+ article: <i>Provided</i>, That by this retrenchment the two
+ States renounce the respective pretensions which are the
+ object of the said article.
+ </p>
+ <p>
+ The convention, as thus ratified by the First Consul, having
+ been again submitted to the Senate of the United States, that
+ body resolved that "they considered the convention as fully
+ ratified," and returned the same to the President for
+ promulgation, and it was accordingly promulgated in the usual
+ form by President Jefferson.
+ </p>
+ <p>
+ Now it is clear that in simply resolving that "they
+ considered the convention as fully ratified" the Senate did
+ in fact abstain from any express declaration of dissent or
+ assent to the construction put by the First Consul on the
+ retrenchment of the second article. If any inference beyond
+ this can be drawn from their resolution, it is that they
+ regarded the proviso annexed by the First Consul to his
+ declaration of acceptance as foreign to the subject, as
+ nugatory, or as without consequence or effect.
+ Notwithstanding this proviso, they considered the
+ ratification as full. If the new proviso made any change in
+ the previous import of the convention, then it was not full;
+ and in considering it a full ratification they in substance
+ deny that the proviso did in any respect change the tenor of
+ the convention.
+ </p>
+ <p>
+ By the second article, as it originally stood, neither
+ Republic had relinquished its existing rights or pretensions,
+ either as to other previous treaties or the indemnities
+ mutually due or claimed, but only deferred the consideration
+ of them to a convenient time. By the amendment of the Senate
+ of the United States that convenient time, instead of being
+ left indefinite, was fixed at eight years; but no right or
+ pretension of either party was surrendered or abandoned.
+ </p>
+ <p>
+ If the Senate erred in assuming that the proviso added by the
+ First Consul did not affect the question, then the
+ transaction would amount to nothing more than to have raised
+ a new question, to be disposed of on resuming the
+ negotiations, namely, the question whether the proviso of the
+ First Consul did or not modify or impair the effect of the
+ convention as it had been ratified by the Senate.
+ </p>
+ <p>
+ That such, and such only, was the true meaning and effect of
+ the transaction; that it was not, and was not intended to be,
+ a relinquishment by the United States of any existing claim
+ on France, and especially that it was not an abandonment of
+ any claims of individual citizens, nor the set off of these
+ against any conceded national obligations to France, is shown
+ by the fact that President Jefferson did at once resume and
+ prosecute to successful conclusion negotiations to obtain
+ from France indemnification for the claims of citizens of the
+ United States existing at the date of that convention; for on
+ the 30th of April, 1803, three treaties were concluded at
+ Paris between the United States of America and the French
+ Republic, one of which embraced the cession of Louisiana;
+ another stipulated for the payment of 60,000,000 francs by
+ the United States to France; and a third provided that, for
+ the satisfaction of sums due by France to citizens of the
+ United States at the conclusion of the convention of
+ September 30, 1800, and in express compliance with the second
+ and fifth articles thereof, a further sum of 20,000,000
+ francs should be appropriated and paid by the United States.
+ In the preamble to the first of these treaties, which ceded
+ Louisiana, it is set forth that&mdash;
+ </p>
+ <p class="q">
+ The President of the United States of America and the First
+ Consul of the French Republic, in the name of the French
+ people, desiring to remove all source of misunderstanding
+ relative to objects of discussion mentioned in the second and
+ fifth articles of the convention of the 8th
+ Vend&eacute;miaire, an 9 (30th September, 1800), relative to
+ the rights claimed by the United States in virtue of the
+ treaty concluded at Madrid the 27th of October, 1795, between
+ His Catholic Majesty and the said United States, and willing
+ to strengthen the union and friendship which at the time of
+ the said convention was happily reestablished between the two
+ nations, have respectively named their plenipotentiaries, ...
+ who ... have agreed to the following articles.
+ </p>
+ <p>
+ Here is the most distinct and categorical declaration of the
+ two Governments that the matters of claim in the second
+ article of the convention of 1800 had not been ceded away,
+ relinquished, or set off, but they were still subsisting
+ subjects of demand against France. The same declaration
+ appears in equally emphatic language in the third of these
+ treaties, bearing the same date, the preamble of which
+ recites that&mdash;
+ </p>
+ <p class="q">
+ The President of the United States of America and the First
+ Consul of the French Republic, in the name of the French
+ people, having by a treaty of this date terminated all
+ difficulties relative to Louisiana and established on a solid
+ foundation the friendship which unites the two nations, and
+ being desirous, in compliance with the second and fifth
+ articles of the convention of the 8th Vend&eacute;miaire,
+ ninth year of the French Republic (30th September, 1800), to
+ secure the payment of the sums due by France to the citizens
+ of the United States, have appointed plenipotentiaries&mdash;
+ </p>
+ <p>
+ <br>
+ who agreed to the following among other articles:
+ </p>
+ <p class="q">
+ ART. I. The debts due by France to citizens of the United
+ States, contracted before the 8th of Vend&eacute;miaire,
+ ninth year of the French Republic (30th September, 1800),
+ shall be paid according to the following regulations, with
+ interest at 6 per cent, to commence from the periods when the
+ accounts and vouchers were presented to the French
+ Government.
+ </p>
+ <p class="q">
+ ART. II. The debts provided for by the preceding article are
+ those whose result is comprised in the conjectural note
+ annexed to the present convention, and which, with the
+ interest, can not exceed the sum of 20,000,000 francs. The
+ claims comprised in the said note which fall within the
+ exceptions of the following articles shall not be admitted to
+ the benefit of this provision.
+ </p>
+ <hr>
+ <p class="q">
+ ART. IV. It is expressly agreed that the preceding articles
+ shall comprehend no debts but such as are due to citizens of
+ the United States who have been and are yet creditors of
+ France for supplies, for embargoes, and prizes made at sea in
+ which the appeal has been properly lodged within the time
+ mentioned in the said convention, 8th Vend&eacute;miaire,
+ ninth year (30th September, 1800).
+ </p>
+ <p class="q">
+ ART. V. The preceding articles shall apply only, first, to
+ captures of which the council of prizes shall have ordered
+ restitution, it being well understood that the claimant can
+ not have recourse to the United States otherwise than he
+ might have had to the Government of the French Republic, and
+ only in case of insufficiency of the captors; second, the
+ debts mentioned in the said fifth article of the convention,
+ contracted before the 8th Vend&eacute;miaire, an 9 (30th
+ September, 1800), the payment of which has been heretofore
+ claimed of the actual Government of France and for which the
+ creditors have a right to the protection of the United
+ States; the said fifth article does not comprehend prizes
+ whose condemnation has been or shall be confirmed. It is the
+ express intention of the contracting parties not to extend
+ the benefit of the present convention to reclamations of
+ American citizens who shall have established houses of
+ commerce in France, England, or other countries than the
+ United States, in partnership with foreigners, and who by
+ that reason and the nature of their commerce ought to be
+ regarded as domiciliated in the places where such houses
+ exist. All agreements and bargains concerning merchandise
+ which shall not be the property of American citizens are
+ equally excepted from the benefit of the said convention,
+ saving, however, to such persons their claims in like manner
+ as if this treaty had not been made.
+ </p>
+ <hr>
+ <p class="q">
+ ART. XII. In case of claims for debts contracted by the
+ Government of France with citizens of the United States since
+ the 8th Vend&eacute;miaire, ninth year (30th September,
+ 1800), not being comprised in this convention, may be
+ pursued, and the payment demanded in the same manner as if it
+ had not been made.
+ </p>
+ <p>
+ Other articles of the treaty provide for the appointment of
+ agents to liquidate the claims intended to be secured, and
+ for the payment of them as allowed at the Treasury of the
+ United States. The following is the concluding clause of the
+ tenth article:
+ </p>
+ <p class="q">
+ The rejection of any claim shall have no other effect than to
+ exempt the United States from the payment of it, the French
+ Government reserving to itself the right to decide
+ definitively on such claim so far as it concerns itself.
+ </p>
+ <p>
+ Now, from the provisions of the treaties thus collated the
+ following deductions undeniably follow, namely:
+ </p>
+ <p>
+ First. Neither the second article of the convention of 1800,
+ as it originally stood, nor the retrenchment of that article,
+ nor the proviso in the ratification by the First Consul, nor
+ the action of the Senate of the United States thereon, was
+ regarded by either France or the United States as the
+ renouncement of any claims of American citizens against
+ France.
+ </p>
+ <p>
+ Second. On the contrary, in the treaties of 1803 the two
+ Governments took up the question precisely where it was left
+ on the day of the signature of that of 1800, without
+ suggestion on the part of France that the claims of our
+ citizens were excluded by the retrenchment of the second
+ article or the note of the First Consul, and proceeded to
+ make ample provision for such as France could be induced to
+ admit were justly due, and they were accordingly discharged
+ in full, with interest, by the United States in the stead and
+ behalf of France.
+ </p>
+ <p>
+ Third. The United States, not having admitted in the
+ convention of 1800 that they were under any obligations to
+ France by reason of the abrogation of the treaties of 1778
+ and 1788, persevered in this view of the question by the
+ tenor of the treaties of 1803, and therefore had no such
+ national obligation to discharge, and did not, either in
+ purpose or in fact, at any time undertake to discharge
+ themselves from any such obligation at the expense and with
+ the property of individual citizens of the United States.
+ </p>
+ <p>
+ Fourth. By the treaties of 1803 the United States obtained
+ from France the acknowledgment and payment, as part of the
+ indemnity for the cession of Louisiana, of claims of citizens
+ of the United States for spoliations, so far as France would
+ admit her liability in the premises; but even then the United
+ States did not relinquish any claim of American citizens not
+ provided for by those treaties; so far from it, to the honor
+ of France be it remembered, she expressly reserved to herself
+ the right to reconsider any rejected claims of citizens of
+ the United States.
+ </p>
+ <p>
+ Fifth. As to claims of citizens of the United States against
+ France, which had been the subject of controversy between the
+ two countries prior to the signature of the convention of
+ 1800, and the further consideration of which was reserved for
+ a more convenient time by the second article of that
+ convention, for these claims, and these only, provision was
+ made in the treaties of 1803, all other claims being
+ expressly excluded by them from their scope and purview.
+ </p>
+ <p>
+ It is not to be overlooked, though not necessary to the
+ conclusion, that by the convention between France and the
+ United States of the 4th of July, 1831, complete provision
+ was made for the liquidation, discharge, and payment on both
+ sides of all claims of citizens of either against the other
+ for unlawful seizures, captures, sequestrations, or
+ destructions of the vessels, cargoes, or other property,
+ without any limitation of time, so as in terms to run back to
+ the date of the last preceding settlement, at least to that
+ of 1803, if not to the commencement of our national relations
+ with France.
+ </p>
+ <p>
+ This review of the successive treaties between France and the
+ United States has brought my mind to the undoubting
+ conviction that while the United States have in the most
+ ample and the completest manner discharged their duty toward
+ such of their citizens as may have been at any time aggrieved
+ by acts of the French Government, so also France has
+ honorably discharged herself of all obligations in the
+ premises toward the United States. To concede what this bill
+ assumes would be to impute undeserved reproach both to France
+ and to the United States.
+ </p>
+ <p>
+ I am, of course, aware that the bill proposes only to provide
+ indemnification for such valid claims of citizens of the
+ United States against France as shall not have been
+ stipulated for and embraced in any of the treaties
+ enumerated. But in excluding all such claims it excludes all,
+ in fact, for which, during the negotiations, France could be
+ persuaded to agree that she was in any wise liable to the
+ United States or our citizens. What remains? And for what is
+ five millions appropriated? In view of what has been said
+ there would seem to be no ground on which to raise a
+ liability of the United States, unless it be the assumption
+ that the United States are to be considered the insurer and
+ the guarantor of all claims, of whatever nature, which any
+ individual citizen may have against a foreign nation.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 3</i>, [<i>1855</i>.]
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I return herewith to the House of Representatives, in which
+ it originated, the bill entitled "An act making
+ appropriations for the transportation of the United States
+ mail, by ocean steamers and otherwise, during the fiscal
+ years ending the 30th of June, 1855, and the 30th of June,
+ 1856," with a brief statement of the reasons which prevent
+ its receiving my approval. The bill provides, among other
+ things, that&mdash;
+ </p>
+ <p class="q">
+ The following sums be, and the same are hereby, appropriated,
+ to be paid out of any money in the Treasury not otherwise
+ appropriated, for the year ending the 30th of June, 1856:
+ </p>
+ <p class="q">
+ For transportation of the mails from New York to Liverpool
+ and back, $858,000; and that the proviso contained in the
+ first section of the act entitled "An act to supply
+ deficiencies in the appropriations for the service of the
+ fiscal year ending the 30th of June, 1852," approved the 21st
+ of July, 1852, be, and the same is hereby, repealed:
+ <i>Provided</i>, That Edward K. Collins and his associates
+ shall proceed with all due diligence to build another
+ steamship, in accordance with the terms of their contract,
+ and have the same ready for the mail service in two years
+ from and after the passage of this act; and if the said
+ steamship is not ready within the time above mentioned, by
+ reason of any neglect or want of diligence on their part,
+ then the said Edward K. Collins and his associates shall
+ carry the United States mails between New York and Liverpool
+ from the expiration of the said two years, every fortnight,
+ free of any charge to the Government, until the new steamship
+ shall have commenced the said mail service.
+ </p>
+ <p>
+ The original contract was predicated upon the proposition of
+ E.K. Collins of March 6, 1846, made with abundant means of
+ knowledge as to the advantages and disadvantages of the terms
+ which he then submitted for the acceptance of the Government.
+ The proposition was in the following terms:
+ </p>
+ <p class="q">
+ WASHINGTON, <i>March 6, 1846</i>.
+ </p>
+ <p class="q">
+ E.K. Collins and his associates propose to carry the United
+ States mail between New York and Liverpool twice each month
+ during eight months of the year and once a month during the
+ other four months for the sum of $385,000 per annum, payable
+ quarterly. For this purpose they will agree to build five
+ steamships of not less than 2,000 tons measurement and of
+ 1,000 horsepower each, which vessels shall be built for great
+ speed and sufficiently strong for war purposes.
+ </p>
+ <p class="q">
+ Four of said vessels to be ready for service in eighteen
+ months from the signing of the contract. The fifth vessel to
+ be built as early as possibly practicable, and when not
+ employed in the mail service to be subject to the orders of
+ the Government for carrying dispatches, for which service a
+ fair compensation is to be paid. Contract to be for the term
+ of ten years. It is also proposed to secure to the United
+ States the privilege of purchasing said steamships whenever
+ they may be required for public purposes, at a fair
+ valuation, to be ascertained by appraisers appointed by the
+ United States and by the owners.
+ </p>
+ <p class="r">
+ EDWARD K. COLLINS.
+ </p>
+ <p>
+ The act of March 3, 1847, provides&mdash;
+ </p>
+ <p class="q">
+ That from and immediately after the passage of this act it
+ shall be the duty of the Secretary of the Navy to accept, on
+ the part of the Government of the United States, the
+ proposals of E.K. Collins and his associates, of the city of
+ New York, submitted to the Postmaster-General, and dated at
+ Washington, March 6, 1846, for the transportation of the
+ United States mail between New York and Liverpool, and to
+ contract with the said E.K. Collins and his associates for
+ the faithful fulfillment of the stipulations therein
+ contained, and in accordance with the provisions of this act.
+ </p>
+ <p>
+ And under this proposition and enactment the original
+ contract was made.
+ </p>
+ <p>
+ According to the terms of that contract the parties were to
+ receive from the United States for twenty round trips each
+ year the sum of $19,250 the trip, or $385,000 per annum; and
+ they were to construct and provide five ships of a stipulated
+ size and quality for the performance of this or other service
+ for the Government.
+ </p>
+ <p>
+ Of the ships contracted for, only four have been
+ furnished&mdash;the <i>Atlantic, Pacific, Arctic</i>, and
+ <i>Baltic</i>&mdash;and the present bill proposes to dispense
+ entirely with the original condition of a fifth ship, by only
+ requiring the construction of one, which would but supply the
+ place of the <i>Arctic</i>, recently lost by peril of the
+ sea. Certain minor conditions involving expense to the
+ contractors, among which was one for the accommodation and
+ subsistence of a certain number of passed midshipmen on each
+ vessel, had previously been dispensed with on the part of the
+ United States.
+ </p>
+ <p>
+ By act of Congress of July 21, 1852, the amount of
+ compensation to the contractors was increased from $19,250 to
+ $33,000 a trip and the number of trips from twenty to
+ twenty-six each year, making the whole compensation $858,000
+ per annum. During the period of time from the commencement of
+ the service of these contractors, on the 27th of April, 1850,
+ to the end of the last fiscal year, June 30, 1854, the sum
+ paid to them by the United States amounted to $2,620,906,
+ without reckoning public money advanced on loan to aid them
+ in the construction of the ships; while the whole amount of
+ postages derived to the Department has been only $734,056,
+ showing an excess of expenditure above receipts of $1,886,440
+ to the charge of the Government. In the meantime, in addition
+ to the payments from the Treasury, the parties have been in
+ the enjoyment of large receipts from the transportation of
+ passengers and merchandise, the profits of which are in
+ addition to the amount allowed by the United States.
+ </p>
+ <p>
+ It does not appear that the liberal conditions heretofore
+ enjoyed by the parties were less than a proper compensation
+ for the service to be performed, including whatever there may
+ have been of hazard in a new undertaking, nor that any
+ hardship can be justly alleged calling for relief on the part
+ of the Government.
+ </p>
+ <p>
+ On the other hand, the construction of five ships of great
+ speed, and sufficiently strong for war purposes, and the
+ services of passed midshipmen on board of them, so as thus to
+ augment the contingent force and the actual efficiency of the
+ Navy, were among the inducements of the Government to enter
+ into the contract.
+ </p>
+ <p>
+ The act of July 21, 1852, provides "that it shall be in the
+ power of Congress at any time after the 31st day of December,
+ 1854, to terminate the arrangement for the additional
+ allowance herein provided for upon giving six months'
+ notice;" and it will be seen that, with the exception of the
+ six additional trips required by the act of July 21, 1852,
+ there has been no departure from the original engagement but
+ to relieve the contractors from obligation, and yet by the
+ act last named the compensation was increased from $385,000
+ to $858,000, with no other protection to the public interests
+ provided than the right which Congress reserved to itself to
+ terminate the contract, so far as this increased compensation
+ was concerned, after six months' notice. This last provision,
+ certainly a primary consideration for the more generous
+ action of the Government, the present bill proposes to
+ repeal, so as to leave Congress no power to terminate the new
+ arrangement.
+ </p>
+ <p>
+ To this repeal the objections are, in my mind, insuperable,
+ because in terms it deprives the United States of all future
+ discretion as to the increased service and compensation,
+ whatever changes may occur in the art of navigation, its
+ expenses, or the policy and political condition of the
+ country. The gravity of this objection is enhanced by other
+ considerations. While the contractors are to be paid a
+ compensation nearly double the rate of the original contract,
+ they are exempted from several of its conditions, which has
+ the effect of adding still more to that rate; while the
+ further advantage is conceded to them of placing their new
+ privileges beyond the control even of Congress.
+ </p>
+ <p>
+ It will be regarded as a less serious objection than that
+ already stated, but one which should not be overlooked, that
+ the privileges bestowed upon the contractors are without
+ corresponding advantages to the Government, which receives no
+ sufficient pecuniary or other return for the immense outlay
+ involved, which could obtain the same service of other
+ parties at less cost, and which, if the bill becomes a law,
+ will pay them a large amount of public money without adequate
+ consideration; that is, will in effect confer a gratuity
+ whilst nominally making provision for the transportation of
+ the mails of the United States.
+ </p>
+ <p>
+ To provide for making a donation of such magnitude and to
+ give to the arrangement the character of permanence which
+ this bill proposes would be to deprive commercial enterprise
+ of the benefits of free competition and to establish a
+ monopoly in violation of the soundest principles of public
+ policy and of doubtful compatibility with the Constitution.
+ </p>
+ <p>
+ I am, of course, not unmindful of the fact that the bill
+ comprises various other appropriations which are more or less
+ important to the public interests, for which reason my
+ objections to it are communicated at the first meeting of the
+ House following its presentation to me, in the hope that by
+ amendment to bills now pending or otherwise suitable
+ provision for all the objects in question may be made before
+ the adjournment of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </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
+ approved the 5th day of August, 1854, entitled "An act to
+ carry into effect a treaty between the United States and
+ Great Britain signed on the 5th day of June, 1854," it is
+ provided that whenever the President of the United States
+ shall receive satisfactory evidence that the Imperial
+ Parliament of Great Britain and the Provincial Parliaments of
+ Canada, New Brunswick, Nova Scotia, and Prince Edwards Island
+ have passed laws on their part to give full effect to the
+ provisions of the said treaty, he is authorized to issue his
+ proclamation declaring that he has such evidence; and
+ </p>
+ <p>
+ Whereas satisfactory information has been received by me that
+ the Imperial Parliament of Great Britain and the Provincial
+ Parliaments of Canada, New Brunswick, Nova Scotia, and Prince
+ Edwards Island have passed laws on their part to give full
+ effect to the provisions of the treaty aforesaid:
+ </p>
+ <p>
+ Now, therefore, I, Franklin Pierce, President of the United
+ States of America, do hereby declare and proclaim that from
+ this date the following articles, being the growth and
+ produce of the said Provinces of Canada, New Brunswick, Nova
+ Scotia, and Prince Edwards Island, to wit: Grain, flour, and
+ breadstuffs of all kinds; animals of all kinds; fresh,
+ smoked, and salted meats; cotton wool, seeds and vegetables,
+ undried fruits, dried fruits, fish of all kinds, products of
+ fish and all other creatures living in the water, poultry,
+ eggs; hides, furs, skins, or tails, undressed; stone or
+ marble in its crude or unwrought state, slate, butter,
+ cheese, tallow, lard, horns, manures, ores of metals of all
+ kinds, coal, pitch, tar, turpentine, ashes; timber and lumber
+ of all kinds, round, hewed, and sawed, unmanufactured in
+ whole or in part; firewood; plants, shrubs, and trees; pelts,
+ wool, fish oil, rice, broom corn, and bark; gypsum, ground or
+ unground; hewn or wrought or unwrought burr or grind stones;
+ dyestuffs; flax, hemp, and tow, unmanufactured;
+ unmanufactured tobacco, rags&mdash;shall be introduced into
+ the United States free of duty so long as the said treaty
+ shall remain in force, subject, however, to be suspended in
+ relation to the trade with Canada on the condition mentioned
+ in the fourth article of the said treaty, and that all the
+ other provisions of the said treaty shall go into effect and
+ be observed on the part of the United States.
+ </p>
+ <p>
+ Given under my hand, at the city of Washington, the 16th day
+ of March, A.D. 1855, and of the Independence of the United
+ States the seventy-ninth.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas the act of Congress of the 28th of September, 1850,
+ entitled "An act to create additional collection districts in
+ the State of California and to change the existing district
+ therein, and to modify the existing collection districts in
+ the United States," extends to merchandise warehoused under
+ bond the privilege of being exported to the British North
+ American Provinces adjoining the United States in the manner
+ prescribed in the act of Congress of the 3d of March, 1845,
+ which designates certain frontier ports through which
+ merchandise may be exported, and further provides "that such
+ other ports situated on the frontiers of the United States
+ adjoining the British North American Provinces as may
+ hereafter be found expedient may have extended to them the
+ like privileges on the recommendation of the Secretary of the
+ Treasury and proclamation duly made by the President of the
+ United States specially designating the ports to which the
+ aforesaid privileges are to be extended:"
+ </p>
+ <p>
+ Now, therefore, I, Franklin Pierce, President of the United
+ States of America, in accordance with the recommendation of
+ the Secretary of the Treasury, do hereby declare and proclaim
+ that the ports of Rouses Point, Cape Vincent, Suspension
+ Bridge, and Dunkirk, in the State of New York; Swanton,
+ Alburg, and Island Pond, in the State of Vermont; Toledo, in
+ the State of Ohio; Chicago, in the State of Illinois;
+ Milwaukee, in the State of Wisconsin; Michilimackinac, in the
+ State of Michigan; Eastport, in the State of Maine; and
+ Pembina, in the Territory of Minnesota, are and shall be
+ entitled to all the privileges in regard to the exportation
+ of merchandise in bond to the British North American
+ Provinces adjoining the United States which are extended to
+ the ports enumerated in the seventh section of the act of
+ Congress of the 3d of March, 1845, aforesaid, from and after
+ the date of this proclamation.
+ </p>
+ <p>
+ In witness whereof I have hereunto set my hand and caused the
+ seal of the United States to be affixed.
+ </p>
+ <p>
+ Done at the city of Washington, this 2d day of July, A.D.
+ 1855, and of the Independence of the United States of America
+ the seventy-ninth.
+ </p>
+ <p>
+ [SEAL]
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ THIRD ANNUAL MESSAGE.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>December 31, 1855</i>.
+ </p>
+ <p>
+ <i>Fellow-Citizens of the Senate and of the House of
+ Representatives</i>:
+ </p>
+ <p>
+ The Constitution of the United States provides that Congress
+ shall assemble annually on the first Monday of December, and
+ it has been usual for the President to make no communication
+ of a public character to the Senate and House of
+ Representatives until advised of their readiness to receive
+ it. I have deferred to this usage until the close of the
+ first month of the session, but my convictions of duty will
+ not permit me longer to postpone the discharge of the
+ obligation enjoined by the Constitution upon the President
+ "to give to the Congress information of the state of the
+ Union and recommend to their consideration such measures as
+ he shall judge necessary and expedient."
+ </p>
+ <p>
+ It is matter of congratulation that the Republic is
+ tranquilly advancing in a career of prosperity and peace.
+ </p>
+ <p>
+ Whilst relations of amity continue to exist between the
+ United States and all foreign powers, with some of them grave
+ questions are depending which may require the consideration
+ of Congress.
+ </p>
+ <p>
+ Of such questions, the most important is that which has
+ arisen out of the negotiations with Great Britain in
+ reference to Central America.
+ </p>
+ <p>
+ By the convention concluded between the two Governments on
+ the 19th of April, 1850, both parties covenanted that
+ "neither will ever" "occupy, or fortify, or colonize, or
+ assume or exercise any dominion over Nicaragua, Costa Rica,
+ the Mosquito Coast, or any part of Central America."
+ </p>
+ <p>
+ It was the undoubted understanding of the United States in
+ making this treaty that all the present States of the former
+ Republic of Central America and the entire territory of each
+ would thenceforth enjoy complete independence, and that both
+ contracting parties engaged equally and to the same extent,
+ for the present and for the future, that if either then had
+ any claim of right in Central America such claim and all
+ occupation or authority under it were unreservedly
+ relinquished by the stipulations of the convention, and that
+ no dominion was thereafter to be exercised or assumed in any
+ part of Central America by Great Britain or the United
+ States.
+ </p>
+ <p>
+ This Government consented to restrictions in regard to a
+ region of country wherein we had specific and peculiar
+ interests only upon the conviction that the like restrictions
+ were in the same sense obligatory on Great Britain. But for
+ this understanding of the force and effect of the convention
+ it would never have been concluded by us.
+ </p>
+ <p>
+ So clear was this understanding on the part of the United
+ States that in correspondence contemporaneous with the
+ ratification of the convention it was distinctly expressed
+ that the mutual covenants of nonoccupation were not intended
+ to apply to the British establishment at the Balize. This
+ qualification is to be ascribed to the fact that, in virtue
+ of successive treaties with previous sovereigns of the
+ country, Great Britain had obtained a concession of the right
+ to cut mahogany or dye-woods at the Balize, but with positive
+ exclusion of all domain or sovereignty; and thus it confirms
+ the natural construction and understood import of the treaty
+ as to all the rest of the region to which the stipulations
+ applied.
+ </p>
+ <p>
+ It, however, became apparent at an early day after entering
+ upon the discharge of my present functions that Great Britain
+ still continued in the exercise or assertion of large
+ authority in all that part of Central America commonly called
+ the Mosquito Coast, and covering the entire length of the
+ State of Nicaragua and a part of Costa Rica; that she
+ regarded the Balize as her absolute domain and was gradually
+ extending its limits at the expense of the State of Honduras,
+ and that she had formally colonized a considerable insular
+ group known as the Bay Islands, and belonging of right to
+ that State.
+ </p>
+ <p>
+ All these acts or pretensions of Great Britain, being
+ contrary to the rights of the States of Central America and
+ to the manifest tenor of her stipulations with the United
+ States as understood by this Government, have been made the
+ subject of negotiation through the American minister in
+ London. I transmit herewith the instructions to him on the
+ subject and the correspondence between him and the British
+ secretary for foreign affairs, by which you will perceive
+ that the two Governments differ widely and irreconcilably as
+ to the construction of the convention and its effect on their
+ respective relations to Central America.
+ </p>
+ <p>
+ Great Britain so construes the convention as to maintain
+ unchanged all her previous pretensions over the Mosquito
+ Coast and in different parts of Central America. These
+ pretensions as to the Mosquito Coast are founded on the
+ assumption of political relation between Great Britain and
+ the remnant of a tribe of Indians on that coast, entered into
+ at a time when the whole country was a colonial possession of
+ Spain. It can not be successfully controverted that by the
+ public law of Europe and America no possible act of such
+ Indians or their predecessors could confer on Great Britain
+ any political rights.
+ </p>
+ <p>
+ Great Britain does not allege the assent of Spain as the
+ origin of her claims on the Mosquito Coast. She has, on the
+ contrary, by repeated and successive treaties renounced and
+ relinquished all pretensions of her own and recognized the
+ full and sovereign rights of Spain in the most unequivocal
+ terms. Yet these pretensions, so without solid foundation in
+ the beginning and thus repeatedly abjured, were at a recent
+ period revived by Great Britain against the Central American
+ States, the legitimate successors to all the ancient
+ jurisdiction of Spain in that region. They were first applied
+ only to a defined part of the coast of Nicaragua, afterwards
+ to the whole of its Atlantic coast, and lastly to a part of
+ the coast of Costa Rica, and they are now reasserted to this
+ extent notwithstanding engagements to the United States.
+ </p>
+ <p>
+ On the eastern coast of Nicaragua and Costa Rica the
+ interference of Great Britain, though exerted at one time in
+ the form of military occupation of the port of San Juan del
+ Norte, then in the peaceful possession of the appropriate
+ authorities of the Central American States, is now presented
+ by her as the rightful exercise of a protectorship over the
+ Mosquito tribe of Indians.
+ </p>
+ <p>
+ But the establishment at the Balize, now reaching far beyond
+ its treaty limits into the State of Honduras, and that of the
+ Bay Islands, appertaining of right to the same State, are as
+ distinctly colonial governments as those of Jamaica or
+ Canada, and therefore contrary to the very letter, as well as
+ the spirit, of the convention with the United States as it
+ was at the time of ratification and now is understood by this
+ Government.
+ </p>
+ <p>
+ The interpretation which the British Government thus, in
+ assertion and act, persists in ascribing to the convention
+ entirely changes its character. While it holds us to all our
+ obligations, it in a great measure releases Great Britain
+ from those which constituted the consideration of this
+ Government for entering into the convention. It is
+ impossible, in my judgment, for the United States to
+ acquiesce in such a construction of the respective relations
+ of the two Governments to Central America.
+ </p>
+ <p>
+ To a renewed call by this Government upon Great Britain to
+ abide by and carry into effect the stipulations of the
+ convention according to its obvious import by withdrawing
+ from the possession or colonization of portions of the
+ Central American States of Honduras, Nicaragua, and Costa
+ Rica, the British Government has at length replied, affirming
+ that the operation of the treaty is prospective only and did
+ not require Great Britain to abandon or contract any
+ possessions held by her in Central America at the date of its
+ conclusion.
+ </p>
+ <p>
+ This reply substitutes a partial issue in the place of the
+ general one presented by the United States. The British
+ Government passes over the question of the rights of Great
+ Britain, real or supposed, in Central America, and assumes
+ that she had such rights at the date of the treaty and that
+ those rights comprehended the protectorship of the Mosquito
+ Indians, the extended jurisdiction and limits of the Balize,
+ and the colony of the Bay Islands, and thereupon proceeds by
+ implication to infer that if the stipulations of the treaty
+ be merely future in effect Great Britain may still continue
+ to hold the contested portions of Central America. The United
+ States can not admit either the inference or the premises. We
+ steadily deny that at the date of the treaty Great Britain
+ had any possessions there other than the limited and peculiar
+ establishment at the Balize, and maintain that if she had any
+ they were surrendered by the convention.
+ </p>
+ <p>
+ This Government, recognizing the obligations of the treaty,
+ has, of course, desired to see it executed in good faith by
+ both parties, and in the discussion, therefore, has not
+ looked to rights which we might assert independently of the
+ treaty in consideration of our geographical position and of
+ other circumstances which create for us relations to the
+ Central American States different from those of any
+ government of Europe.
+ </p>
+ <p>
+ The British Government, in its last communication, although
+ well knowing the views of the United States, still declares
+ that it sees no reason why a conciliatory spirit may not
+ enable the two Governments to overcome all obstacles to a
+ satisfactory adjustment of the subject.
+ </p>
+ <p>
+ Assured of the correctness of the construction of the treaty
+ constantly adhered to by this Government and resolved to
+ insist on the rights of the United States, yet actuated also
+ by the same desire which is avowed by the British Government,
+ to remove all causes of serious misunderstanding between two
+ nations associated by so many ties of interest and kindred,
+ it has appeared to me proper not to consider an amicable
+ solution of the controversy hopeless.
+ </p>
+ <p>
+ There is, however, reason to apprehend that with Great
+ Britain in the actual occupation of the disputed territories,
+ and the treaty therefore practically null so far as regards
+ our rights, this international difficulty can not long remain
+ undetermined without involving in serious danger the friendly
+ relations which it is the interest as well as the duty of
+ both countries to cherish and preserve. It will afford me
+ sincere gratification if future efforts shall result in the
+ success anticipated heretofore with more confidence than the
+ aspect of the case permits me now to entertain.
+ </p>
+ <p>
+ One other subject of discussion between the United States and
+ Great Britain has grown out of the attempt, which the
+ exigencies of the war in which she is engaged with Russia
+ induced her to make, to draw recruits from the United States.
+ </p>
+ <p>
+ It is the traditional and settled policy of the United States
+ to maintain impartial neutrality during the wars which from
+ time to time occur among the great powers of the world.
+ Performing all the duties of neutrality toward the respective
+ belligerent states, we may reasonably expect them not to
+ interfere with our lawful enjoyment of its benefits.
+ Notwithstanding the existence of such hostilities, our
+ citizens retained the individual right to continue all their
+ accustomed pursuits, by land or by sea, at home or abroad,
+ subject only to such restrictions in this relation as the
+ laws of war, the usage of nations, or special treaties may
+ impose; and it is our sovereign right that our territory and
+ jurisdiction shall not be invaded by either of the
+ belligerent parties for the transit of their armies, the
+ operations of their fleets, the levy of troops for their
+ service, the fitting out of cruisers by or against either, or
+ any other act or incident of war. And these undeniable rights
+ of neutrality, individual and national, the United States
+ will under no circumstances surrender.
+ </p>
+ <p>
+ In pursuance of this policy, the laws of the United States do
+ not forbid their citizens to sell to either of the
+ belligerent powers articles contraband of war or take
+ munitions of war or soldiers on board their private ships for
+ transportation; and although in so doing the individual
+ citizen exposes his property or person to some of the hazards
+ of war, his acts do not involve any breach of national
+ neutrality nor of themselves implicate the Government. Thus,
+ during the progress of the present war in Europe, our
+ citizens have, without national responsibility therefor, sold
+ gunpowder and arms to all buyers, regardless of the
+ destination of those articles. Our merchantmen have been, and
+ still continue to be, largely employed by Great Britain and
+ by France in transporting troops, provisions, and munitions
+ of war to the principal seat of military operations and in
+ bringing home their sick and wounded soldiers; but such use
+ of our mercantile marine is not interdicted either by the
+ international or by our municipal law, and therefore does not
+ compromit our neutral relations with Russia.
+ </p>
+ <p>
+ But our municipal law, in accordance with the law of nations,
+ peremptorily forbids not only foreigners, but our own
+ citizens, to fit out within the United States a vessel to
+ commit hostilities against any state with which the United
+ States are at peace, or to increase the force of any foreign
+ armed vessel intended for such hostilities against a friendly
+ state.
+ </p>
+ <p>
+ Whatever concern may have been felt by either of the
+ belligerent powers lest private armed cruisers or other
+ vessels in the service of one might be fitted out in the
+ ports of this country to depredate on the property of the
+ other, all such fears have proved to be utterly groundless.
+ Our citizens have been withheld from any such act or purpose
+ by good faith and by respect for the law.
+ </p>
+ <p>
+ While the laws of the Union are thus peremptory in their
+ prohibition of the equipment or armament of belligerent
+ cruisers in our ports, they provide not less absolutely that
+ no person shall, within the territory or jurisdiction of the
+ United States, enlist or enter himself, or hire or retain
+ another person to enlist or enter himself, or to go beyond
+ the limits or jurisdiction of the United States with intent
+ to be enlisted or entered, in the service of any foreign
+ state, either as a soldier or as a marine or seaman on board
+ of any vessel of war, letter of marque, or privateer. And
+ these enactments are also in strict conformity with the law
+ of nations, which declares that no state has the right to
+ raise troops for land or sea service in another state without
+ its consent, and that, whether forbidden by the municipal law
+ or not, the very attempt to do it without such consent is an
+ attack on the national sovereignty.
+ </p>
+ <p>
+ Such being the public rights and the municipal law of the
+ United States, no solicitude on the subject was entertained
+ by this Government when, a year since, the British Parliament
+ passed an act to provide for the enlistment of foreigners in
+ the military service of Great Britain. Nothing on the face of
+ the act or in its public history indicated that the British
+ Government proposed to attempt recruitment in the United
+ States, nor did it ever give intimation of such intention to
+ this Government. It was matter of surprise, therefore, to
+ find subsequently that the engagement of persons within the
+ United States to proceed to Halifax, in the British Province
+ of Nova Scotia, and there enlist in the service of Great
+ Britain, was going on extensively, with little or no
+ disguise. Ordinary legal steps were immediately taken to
+ arrest and punish parties concerned, and so put an end to
+ acts infringing the municipal law and derogatory to our
+ sovereignty. Meanwhile suitable representations on the
+ subject were addressed to the British Government.
+ </p>
+ <p>
+ Thereupon it became known, by the admission of the British
+ Government itself, that the attempt to draw recruits from
+ this country originated with it, or at least had its approval
+ and sanction; but it also appeared that the public agents
+ engaged in it had "stringent instructions" not to violate the
+ municipal law of the United States.
+ </p>
+ <p>
+ It is difficult to understand how it should have been
+ supposed that troops could be raised here by Great Britain
+ without violation of the municipal law. The unmistakable
+ object of the law was to prevent every such act which if
+ performed must be either in violation of the law or in
+ studied evasion of it, and in either alternative the act done
+ would be alike injurious to the sovereignty of the United
+ States.
+ </p>
+ <p>
+ In the meantime the matter acquired additional importance by
+ the recruitments in the United States not being discontinued,
+ and the disclosure of the fact that they were prosecuted upon
+ a systematic plan devised by official authority; that
+ recruiting rendezvous had been opened in our principal cities
+ and depots for the reception of recruits established on our
+ frontier, and the whole business conducted under the
+ supervision and by the regular cooperation of British
+ officers, civil and military, some in the North American
+ Provinces and some in the United States. The complicity of
+ those officers in an undertaking which could only be
+ accomplished by defying our laws, throwing suspicion over our
+ attitude of neutrality, and disregarding our territorial
+ rights is conclusively proved by the evidence elicited on the
+ trial of such of their agents as have been apprehended and
+ convicted. Some of the officers thus implicated are of high
+ official position, and many of them beyond our jurisdiction,
+ so that legal proceedings could not reach the source of the
+ mischief.
+ </p>
+ <p>
+ These considerations, and the fact that the cause of
+ complaint was not a mere casual occurrence, but a deliberate
+ design, entered upon with full knowledge of our laws and
+ national policy and conducted by responsible public
+ functionaries, impelled me to present the case to the British
+ Government, in order to secure not only a cessation of the
+ wrong, but its reparation. The subject is still under
+ discussion, the result of which will be communicated to you
+ in due time.
+ </p>
+ <p>
+ I repeat the recommendation submitted to the last Congress,
+ that provision be made for the appointment of a commissioner,
+ in connection with Great Britain, to survey and establish the
+ boundary line which divides the Territory of Washington from
+ the contiguous British possessions. By reason of the extent
+ and importance of the country in dispute, there has been
+ imminent danger of collision between the subjects of Great
+ Britain and the citizens of the United States, including
+ their respective authorities, in that quarter. The prospect
+ of a speedy arrangement has contributed hitherto to induce on
+ both sides forbearance to assert by force what each claims as
+ a right. Continuance of delay on the part of the two
+ Governments to act in the matter will increase the dangers
+ and difficulties of the controversy.
+ </p>
+ <p>
+ Misunderstanding exists as to the extent, character, and
+ value of the possessory rights of the Hudsons Bay Company and
+ the property of the Pugets Sound Agricultural Company
+ reserved in our treaty with Great Britain relative to the
+ Territory of Oregon. I have reason to believe that a cession
+ of the rights of both companies to the United States, which
+ would be the readiest means of terminating all questions, can
+ be obtained on reasonable terms, and with a view to this end
+ I present the subject to the attention of Congress.
+ </p>
+ <p>
+ The colony of Newfoundland, having enacted the laws required
+ by the treaty of the 5th of June, 1854, is now placed on the
+ same footing in respect to commercial intercourse with the
+ United States as the other British North American Provinces.
+ </p>
+ <p>
+ The commission which that treaty contemplated, for
+ determining the rights of fishery in rivers and mouths of
+ rivers on the coasts of the United States and the British
+ North American Provinces, has been organized, and has
+ commenced its labors, to complete which there are needed
+ further appropriations for the service of another season.
+ </p>
+ <p>
+ In pursuance of the authority conferred by a resolution of
+ the Senate of the United States passed on the 3d of March
+ last, notice was given to Denmark on the 14th day of April of
+ the intention of this Government to avail itself of the
+ stipulation of the subsisting convention of friendship,
+ commerce, and navigation between that Kingdom and the United
+ States whereby either party might after ten years terminate
+ the same at the expiration of one year from the date of
+ notice for that purpose.
+ </p>
+ <p>
+ The considerations which led me to call the attention of
+ Congress to that convention and induced the Senate to adopt
+ the resolution referred to still continue in full force. The
+ convention contains an article which, although it does not
+ directly engage the United States to submit to the imposition
+ of tolls on the vessels and cargoes of Americans passing into
+ or from the Baltic Sea during the continuance of the treaty,
+ yet may by possibility be construed as implying such
+ submission. The exaction of those tolls not being justified
+ by any principle of international law, it became the right
+ and duty of the United States to relieve themselves from the
+ implication of engagement on the subject, so as to be
+ perfectly free to act in the premises in such way as their
+ public interests and honor shall demand.
+ </p>
+ <p>
+ I remain of the opinion that the United States ought not to
+ submit to the payment of the Sound dues, not so much because
+ of their amount, which is a secondary matter, but because it
+ is in effect the recognition of the right of Denmark to treat
+ one of the great maritime highways of nations as a close sea,
+ and prevent the navigation of it as a privilege, for which
+ tribute may be imposed upon those who have occasion to use
+ it.
+ </p>
+ <p>
+ This Government on a former occasion, not unlike the present,
+ signalized its determination to maintain the freedom of the
+ seas and of the great natural channels of navigation. The
+ Barbary States had for a long time coerced the payment of
+ tribute from all nations whose ships frequented the
+ Mediterranean. To the last demand of such payment made by
+ them the United States, although suffering less by their
+ depredations than many other nations, returned the explicit
+ answer that we preferred war to tribute, and thus opened the
+ way to the relief of the commerce of the world from an
+ ignominious tax, so long submitted to by the more powerful
+ nations of Europe.
+ </p>
+ <p>
+ If the manner of payment of the Sound dues differ from that
+ of the tribute formerly conceded to the Barbary States, still
+ their exaction by Denmark has no better foundation in right.
+ Each was in its origin nothing but a tax on a common natural
+ right, extorted by those who were at that time able to
+ obstruct the free and secure enjoyment of it, but who no
+ longer possess that power.
+ </p>
+ <p>
+ Denmark, while resisting our assertion of the freedom of the
+ Baltic Sound and Belts, has indicated a readiness to make
+ some new arrangement on the subject, and has invited the
+ governments interested, including the United States, to be
+ represented in a convention to assemble for the purpose of
+ receiving and considering a proposition which she intends to
+ submit for the capitalization of the Sound dues and the
+ distribution of the sum to be paid as commutation among the
+ governments according to the respective proportions of their
+ maritime commerce to and from the Baltic. I have declined, in
+ behalf of the United States, to accept this invitation, for
+ the most cogent reasons. One is that Denmark does not offer
+ to submit to the convention the question of her right to levy
+ the Sound dues. The second is that if the convention were
+ allowed to take cognizance of that particular question, still
+ it would not be competent to deal with the great
+ international principle involved, which affects the right in
+ other cases of navigation and commercial freedom, as well as
+ that of access to the Baltic. Above all, by the express terms
+ of the proposition it is contemplated that the consideration
+ of the Sound dues shall be commingled with and made
+ subordinate to a matter wholly extraneous&mdash;the balance
+ of power among the Governments of Europe.
+ </p>
+ <p>
+ While, however, rejecting this proposition and insisting on
+ the right of free transit into and from the Baltic, I have
+ expressed to Denmark a willingness on the part of the United
+ States to share liberally with other powers in compensating
+ her for any advantages which commerce shall hereafter derive
+ from expenditures made by her for the improvement and safety
+ of the navigation of the Sound or Belts.
+ </p>
+ <p>
+ I lay before you herewith sundry documents on the subject, in
+ which my views are more fully disclosed. Should no
+ satisfactory arrangement be soon concluded, I shall again
+ call your attention to the subject, with recommendation of
+ such measures as may appear to be required in order to assert
+ and secure the rights of the United States, so far as they
+ are affected by the pretensions of Denmark.
+ </p>
+ <p>
+ I announce with much gratification that since the adjournment
+ of the last Congress the question then existing between this
+ Government and that of France respecting the French consul at
+ San Francisco has been satisfactorily determined, and that
+ the relations of the two Governments continue to be of the
+ most friendly nature.
+ </p>
+ <p>
+ A question, also, which has been pending for several years
+ between the United States and the Kingdom of Greece, growing
+ out of the sequestration by public authorities of that
+ country of property belonging to the present American consul
+ at Athens, and which had been the subject of very earnest
+ discussion heretofore, has recently been settled to the
+ satisfaction of the party interested and of both Governments.
+ </p>
+ <p>
+ With Spain peaceful relations are still maintained, and some
+ progress has been made in securing the redress of wrongs
+ complained of by this Government. Spain has not only
+ disavowed and disapproved the conduct of the officers who
+ illegally seized and detained the steamer <i>Black
+ Warrior</i> at Havana, but has also paid the sum claimed as
+ indemnity for the loss thereby inflicted on citizens of the
+ United States.
+ </p>
+ <p>
+ In consequence of a destructive hurricane which visited Cuba
+ in 1844, the supreme authority of that island issued a decree
+ permitting the importation for the period of six months of
+ certain building materials and provisions free of duty, but
+ revoked it when about half the period only had elapsed, to
+ the injury of citizens of the United States who had proceeded
+ to act on the faith of that decree. The Spanish Government
+ refused indemnification to the parties aggrieved until
+ recently, when it was assented to, payment being promised to
+ be made so soon as the amount due can be ascertained.
+ </p>
+ <p>
+ Satisfaction claimed for the arrest and search of the steamer
+ <i>El Dorado</i> has not yet been accorded, but there is
+ reason to believe that it will be; and that case, with
+ others, continues to be urged on the attention of the Spanish
+ Government. I do not abandon the hope of concluding with
+ Spain some general arrangement which, if it do not wholly
+ prevent the recurrence of difficulties in Cuba, will render
+ them less frequent, and, whenever they shall occur,
+ facilitate their more speedy settlement.
+ </p>
+ <p>
+ The interposition of this Government has been invoked by many
+ of its citizens on account of injuries done to their persons
+ and property for which the Mexican Republic is responsible.
+ The unhappy situation of that country for some time past has
+ not allowed its Government to give due consideration to
+ claims of private reparation, and has appeared to call for
+ and justify some forbearance in such matters on the part of
+ this Government. But if the revolutionary movements which
+ have lately occurred in that Republic end in the organization
+ of a stable government, urgent appeals to its justice will
+ then be made, and, it may be hoped, with success, for the
+ redress of all complaints of our citizens.
+ </p>
+ <p>
+ In regard to the American Republics, which from their
+ proximity and other considerations have peculiar relations to
+ this Government, while it has been my constant aim strictly
+ to observe all the obligations of political friendship and of
+ good neighborhood, obstacles to this have arisen in some of
+ them from their own insufficient power to check lawless
+ irruptions, which in effect throws most of the task on the
+ United States. Thus it is that the distracted internal
+ condition of the State of Nicaragua has made it incumbent on
+ me to appeal to the good faith of our citizens to abstain
+ from unlawful intervention in its affairs and to adopt
+ preventive measures to the same end, which on a similar
+ occasion had the best results in reassuring the peace of the
+ Mexican States of Sonora and Lower California.
+ </p>
+ <p>
+ Since the last session of Congress a treaty of amity,
+ commerce, and navigation and for the surrender of fugitive
+ criminals with the Kingdom of the Two Sicilies; a treaty of
+ friendship, commerce, and navigation with Nicaragua, and a
+ convention of commercial reciprocity with the Hawaiian
+ Kingdom have been negotiated. The latter Kingdom and the
+ State of Nicaragua have also acceded to a declaration
+ recognizing as international rights the principles contained
+ in the convention between the United States and Russia of
+ July 22, 1854. These treaties and conventions will be laid
+ before the Senate for ratification.
+ </p>
+ <p>
+ The statements made in my last annual message respecting the
+ anticipated receipts and expenditures of the Treasury have
+ been substantially verified.
+ </p>
+ <p>
+ It appears from the report of the Secretary of the Treasury
+ that the receipts during the last fiscal year, ending June
+ 30, 1855, from all sources were $65,003,930, and that the
+ public expenditures for the same period, exclusive of
+ payments on account of the public debt, amounted to
+ $56,365,393. During the same period the payments made in
+ redemption of the public debt, including interest and
+ premium, amounted to $9,844,528.
+ </p>
+ <p>
+ The balance in the Treasury at the beginning of the present
+ fiscal year, July 1, 1855, was $18,931,976; the receipts for
+ the first quarter and the estimated receipts for the
+ remaining three quarters amount together to $67,918,734; thus
+ affording in all, as the available resources of the current
+ fiscal year, the sum of $86,856,710.
+ </p>
+ <p>
+ If to the actual expenditures of the first quarter of the
+ current fiscal year be added the probable expenditures for
+ the remaining three quarters, as estimated by the Secretary
+ of the Treasury, the sum total will be $71,226,846, thereby
+ leaving an estimated balance in the Treasury on July 1, 1856,
+ of $15,623,863.41.
+ </p>
+ <p>
+ In the above-estimated expenditures of the present fiscal
+ year are included $3,000,000 to meet the last installment of
+ the ten millions provided for in the late treaty with Mexico
+ and $7,750,000 appropriated on account of the debt due to
+ Texas, which two sums make an aggregate amount of $10,750,000
+ and reduce the expenditures, actual or estimated, for
+ ordinary objects of the year to the sum of $60,476,000.
+ </p>
+ <p>
+ The amount of the public debt at the commencement of the
+ present fiscal year was $40,583,631, and, deduction being
+ made of subsequent payments, the whole public debt of the
+ Federal Government remaining at this time is less than
+ $40,000,000. The remnant of certain other Government stocks,
+ amounting to $243,000, referred to in my last message as
+ outstanding, has since been paid.
+ </p>
+ <p>
+ I am fully persuaded that it would be difficult to devise a
+ system superior to that by which the fiscal business of the
+ Government is now conducted. Notwithstanding the great number
+ of public agents of collection and disbursement, it is
+ believed that the checks and guards provided, including the
+ requirement of monthly returns, render it scarcely possible
+ for any considerable fraud on the part of those agents or
+ neglect involving hazard of serious public loss to escape
+ detection. I renew, however, the recommendation heretofore
+ made by me of the enactment of a law declaring it felony on
+ the part of public officers to insert false entries in their
+ books of record or account or to make false returns, and also
+ requiring them on the termination of their service to deliver
+ to their successors all books, records, and other objects of
+ a public nature in their custody.
+ </p>
+ <p>
+ Derived, as our public revenue is, in chief part from duties
+ on imports, its magnitude affords gratifying evidence of the
+ prosperity, not only of our commerce, but of the other great
+ interests upon which that depends.
+ </p>
+ <p>
+ The principle that all moneys not required for the current
+ expenses of the Government should remain for active
+ employment in the hands of the people and the conspicuous
+ fact that the annual revenue from all sources exceeds by many
+ millions of dollars the amount needed for a prudent and
+ economical administration of public affairs can not fail to
+ suggest the propriety of an early revision and reduction of
+ the tariff of duties on imports. It is now so generally
+ conceded that the purpose of revenue alone can justify the
+ imposition of duties on imports that in readjusting the
+ impost tables and schedules, which unquestionably require
+ essential modifications, a departure from the principles of
+ the present tariff is not anticipated.
+ </p>
+ <p>
+ The Army during the past year has been actively engaged in
+ defending the Indian frontier, the state of the service
+ permitting but few and small garrisons in our permanent
+ fortifications. The additional regiments authorized at the
+ last session of Congress have been recruited and organized,
+ and a large portion of the troops have already been sent to
+ the field. All the duties which devolve on the military
+ establishment have been satisfactorily performed, and the
+ dangers and privations incident to the character of the
+ service required of our troops have furnished additional
+ evidence of their courage, zeal, and capacity to meet any
+ requisition which their country may make upon them. For the
+ details of the military operations, the distribution of the
+ troops, and additional provisions required for the military
+ service, I refer to the report of the Secretary of War and
+ the accompanying documents.
+ </p>
+ <p>
+ Experience gathered from events which have transpired since
+ my last annual message has but served to confirm the opinion
+ then expressed of the propriety of making provision by a
+ retired list for disabled officers and for increased
+ compensation to the officers retained on the list for active
+ duty. All the reasons which existed when these measures were
+ recommended on former occasions continue without
+ modification, except so far as circumstances have given to
+ some of them additional force. The recommendations heretofore
+ made for a partial reorganization of the Army are also
+ renewed. The thorough elementary education given to those
+ officers who commence their service with the grade of cadet
+ qualifies them to a considerable extent to perform the duties
+ of every arm of the service; but to give the highest
+ efficiency to artillery requires the practice and special
+ study of many years, and it is not, therefore, believed to be
+ advisable to maintain in time of peace a larger force of that
+ arm than can be usually employed in the duties appertaining
+ to the service of field and siege artillery. The duties of
+ the staff in all its various branches belong to the movements
+ of troops, and the efficiency of an army in the field would
+ materially depend upon the ability with which those duties
+ are discharged. It is not, as in the case of the artillery, a
+ specialty, but requires also an intimate knowledge of the
+ duties of an officer of the line, and it is not doubted that
+ to complete the education of an officer for either the line
+ or the general staff it is desirable that he shall have
+ served in both. With this view, it was recommended on a
+ former occasion that the duties of the staff should be mainly
+ performed by details from the line, and, with conviction of
+ the advantages which would result from such a change, it is
+ again presented for the consideration of Congress.
+ </p>
+ <p>
+ The report of the Secretary of the Navy, herewith submitted,
+ exhibits in full the naval operations of the past year,
+ together with the present condition of the service, and it
+ makes suggestions of further legislation, to which your
+ attention is invited.
+ </p>
+ <p>
+ The construction of the six steam frigates for which
+ appropriations were made by the last Congress has proceeded
+ in the most satisfactory manner and with such expedition as
+ to warrant the belief that they will be ready for service
+ early in the coming spring. Important as this addition to our
+ naval force is, it still remains inadequate to the contingent
+ exigencies of the protection of the extensive seacoast and
+ vast commercial interests of the United States. In view of
+ this fact and of the acknowledged wisdom of the policy of a
+ gradual and systematic increase of the Navy an appropriation
+ is recommended for the construction of six steam sloops of
+ war.
+ </p>
+ <p>
+ In regard to the steps taken in execution of the act of
+ Congress to promote the efficiency of the Navy, it is
+ unnecessary for me to say more than to express entire
+ concurrence in the observations on that subject presented by
+ the Secretary in his report.
+ </p>
+ <p>
+ It will be perceived by the report of the Postmaster-General
+ that the gross expenditure of the Department for the last
+ fiscal year was $9,968,342 and the gross receipts $7,342,136,
+ making an excess of expenditure over receipts of $2,626,206;
+ and that the cost of mail transportation during that year was
+ $674,952 greater than the previous year. Much of the heavy
+ expenditures to which the Treasury is thus subjected is to be
+ ascribed to the large quantity of printed matter conveyed by
+ the mails, either franked or liable to no postage by law or
+ to very low rates of postage compared with that charged on
+ letters, and to the great cost of mail service on railroads
+ and by ocean steamers. The suggestions of the
+ Postmaster-General on the subject deserve the consideration
+ of Congress.
+ </p>
+ <p>
+ The report of the Secretary of the Interior will engage your
+ attention as well for useful suggestions it contains as for
+ the interest and importance of the subjects to which they
+ refer.
+ </p>
+ <p>
+ The aggregate amount of public land sold during the last
+ fiscal year, located with military scrip or land warrants,
+ taken up under grants for roads, and selected as swamp lands
+ by States is 24,557,409 acres, of which the portion sold was
+ 15,729,524 acres, yielding in receipts the sum of
+ $11,485,380. In the same period of time 8,723,854 acres have
+ been surveyed, but, in consideration of the quantity already
+ subject to entry, no additional tracts have been brought into
+ market.
+ </p>
+ <p>
+ The peculiar relation of the General Government to the
+ District of Columbia renders it proper to commend to your
+ care not only its material but also its moral interests,
+ including education, more especially in those parts of the
+ District outside of the cities of Washington and Georgetown.
+ </p>
+ <p>
+ The commissioners appointed to revise and codify the laws of
+ the District have made such progress in the performance of
+ their task as to insure its completion in the time prescribed
+ by the act of Congress.
+ </p>
+ <p>
+ Information has recently been received that the peace of the
+ settlements in the Territories of Oregon and Washington is
+ disturbed by hostilities on the part of the Indians, with
+ indications of extensive combinations of a hostile character
+ among the tribes in that quarter, the more serious in their
+ possible effect by reason of the undetermined foreign
+ interests existing in those Territories, to which your
+ attention has already been especially invited. Efficient
+ measures have been taken, which, it is believed, will restore
+ quiet and afford protection to our citizens.
+ </p>
+ <p>
+ In the Territory of Kansas there have been acts prejudicial
+ to good order, but as yet none have occurred under
+ circumstances to justify the interposition of the Federal
+ Executive. That could only be in case of obstruction to
+ Federal law or of organized resistance to Territorial law,
+ assuming the character of insurrection, which, if it should
+ occur, it would be my duty promptly to overcome and suppress.
+ I cherish the hope, however, that the occurrence of any such
+ untoward event will be prevented by the sound sense of the
+ people of the Territory, who by its organic law, possessing
+ the right to determine their own domestic institutions, are
+ entitled while deporting themselves peacefully to the free
+ exercise of that right, and must be protected in the
+ enjoyment of it without interference on the part of the
+ citizens of any of the States.
+ </p>
+ <p>
+ The southern boundary line of this Territory has never been
+ surveyed and established. The rapidly extending settlements
+ in that region and the fact that the main route between
+ Independence, in the State of Missouri, and New Mexico is
+ contiguous in this line suggest the probability that
+ embarrassing questions of jurisdiction may consequently
+ arise. For these and other considerations I commend the
+ subject to your early attention.
+ </p>
+ <p>
+ I have thus passed in review the general state of the Union,
+ including such particular concerns of the Federal Government,
+ whether of domestic or foreign relation, as it appeared to me
+ desirable and useful to bring to the special notice of
+ Congress. Unlike the great States of Europe and Asia and many
+ of those of America, these United States are wasting their
+ strength neither in foreign war nor domestic strife. Whatever
+ of discontent or public dissatisfaction exists is
+ attributable to the imperfections of human nature or is
+ incident to all governments, however perfect, which human
+ wisdom can devise. Such subjects of political agitation as
+ occupy the public mind consist to a great extent of
+ exaggeration of inevitable evils, or overzeal in social
+ improvement, or mere imagination of grievance, having but
+ remote connection with any of the constitutional functions or
+ duties of the Federal Government. To whatever extent these
+ questions exhibit a tendency menacing to the stability of the
+ Constitution or the integrity of the Union, and no further,
+ they demand the consideration of the Executive and require to
+ be presented by him to Congress.
+ </p>
+ <p>
+ Before the thirteen colonies became a confederation of
+ independent States they were associated only by community of
+ transatlantic origin, by geographical position, and by the
+ mutual tie of common dependence on Great Britain. When that
+ tie was sundered they severally assumed the powers and rights
+ of absolute self-government. The municipal and social
+ institutions of each, its laws of property and of personal
+ relation, even its political organization, were such only as
+ each one chose to establish, wholly without interference from
+ any other. In the language of the Declaration of
+ Independence, each State had "full power to levy war,
+ conclude peace, contract alliances, establish commerce, and
+ to do all other acts and things which independent states may
+ of right do." The several colonies differed in climate, in
+ soil, in natural productions, in religion, in systems of
+ education, in legislation, and in the forms of political
+ administration, and they continued to differ in these
+ respects when they voluntarily allied themselves as States to
+ carry on the War of the Revolution.
+ </p>
+ <p>
+ The object of that war was to disenthrall the united colonies
+ from foreign rule, which had proved to be oppressive, and to
+ separate them permanently from the mother country. The
+ political result was the foundation of a Federal Republic of
+ the free white men of the colonies, constituted, as they
+ were, in distinct and reciprocally independent State
+ governments. As for the subject races, whether Indian or
+ African, the wise and brave statesmen of that day, being
+ engaged in no extravagant scheme of social change, left them
+ as they were, and thus preserved themselves and their
+ posterity from the anarchy and the ever-recurring civil wars
+ which have prevailed in other revolutionized European
+ colonies of America.
+ </p>
+ <p>
+ When the confederated States found it convenient to modify
+ the conditions of their association by giving to the General
+ Government direct access in some respects to the people of
+ the States, instead of confining it to action on the States
+ as such, they proceeded to frame the existing Constitution,
+ adhering steadily to one guiding thought, which was to
+ delegate only such power as was necessary and proper to the
+ execution of specific purposes, or, in other words, to retain
+ as much as possible consistently with those purposes of the
+ independent powers of the individual States. For objects of
+ common defense and security, they intrusted to the General
+ Government certain carefully defined functions, leaving all
+ others as the undelegated rights of the separate independent
+ sovereignties.
+ </p>
+ <p>
+ Such is the constitutional theory of our Government, the
+ practical observance of which has carried us, and us alone
+ among modern republics, through nearly three generations of
+ time without the cost of one drop of blood shed in civil war.
+ With freedom and concert of action, it has enabled us to
+ contend successfully on the battlefield against foreign foes,
+ has elevated the feeble colonies into powerful States, and
+ has raised our industrial productions and our commerce which
+ transports them to the level of the richest and the greatest
+ nations of Europe. And the admirable adaptation of our
+ political institutions to their objects, combining local
+ self-government with aggregate strength, has established the
+ practicability of a government like ours to cover a continent
+ with confederate states.
+ </p>
+ <p>
+ The Congress of the United States is in effect that congress
+ of sovereignties which good men in the Old World have sought
+ for, but could never attain, and which imparts to America an
+ exemption from the mutable leagues for common action, from
+ the wars, the mutual invasions, and vague aspirations after
+ the balance of power which convulse from time to time the
+ Governments of Europe. Our cooperative action rests in the
+ conditions of permanent confederation prescribed by the
+ Constitution. Our balance of power is in the separate
+ reserved rights of the States and their equal representation
+ in the Senate. That independent sovereignty in every one of
+ the States, with its reserved rights of local self-government
+ assured to each by their coequal power in the Senate, was the
+ fundamental condition of the Constitution. Without it the
+ Union would never have existed. However desirous the larger
+ States might be to reorganize the Government so as to give to
+ their population its proportionate weight in the common
+ counsels, they knew it was impossible unless they conceded to
+ the smaller ones authority to exercise at least a negative
+ influence on all the measures of the Government, whether
+ legislative or executive, through their equal representation
+ in the Senate. Indeed, the larger States themselves could not
+ have failed to perceive that the same power was equally
+ necessary to them for the security of their own domestic
+ interests against the aggregate force of the General
+ Government. In a word, the original States went into this
+ permanent league on the agreed premises of exerting their
+ common strength for the defense of the whole and of all its
+ parts, but of utterly excluding all capability of reciprocal
+ aggression. Each solemnly bound itself to all the others
+ neither to undertake nor permit any encroachment upon or
+ intermeddling with another's reserved rights.
+ </p>
+ <p>
+ Where it was deemed expedient particular rights of the States
+ were expressly guaranteed by the Constitution, but in all
+ things besides these rights were guarded by the limitation of
+ the powers granted and by express reservation of all powers
+ not granted in the compact of union. Thus the great power of
+ taxation was limited to purposes of common defense and
+ general welfare, excluding objects appertaining to the local
+ legislation of the several States; and those purposes of
+ general welfare and common defense were afterwards defined by
+ specific enumeration as being matters only of co-relation
+ between the States themselves or between them and foreign
+ governments, which, because of their common and general
+ nature, could not be left to the separate control of each
+ State.
+ </p>
+ <p>
+ Of the circumstances of local condition, interest, and rights
+ in which a portion of the States, constituting one great
+ section of the Union, differed from the rest and from another
+ section, the most important was the peculiarity of a larger
+ relative colored population in the Southern than in the
+ Northern States.
+ </p>
+ <p>
+ A population of this class, held in subjection, existed in
+ nearly all the States, but was more numerous and of more
+ serious concernment in the South than in the North on account
+ of natural differences of climate and production; and it was
+ foreseen that, for the same reasons, while this population
+ would diminish and sooner or later cease to exist in some
+ States, it might increase in others. The peculiar character
+ and magnitude of this question of local rights, not in
+ material relations only, but still more in social ones,
+ caused it to enter into the special stipulations of the
+ Constitution.
+ </p>
+ <p>
+ Hence, while the General Government, as well by the
+ enumerated powers granted to it as by those not enumerated,
+ and therefore refused to it, was forbidden to touch this
+ matter in the sense of attack or offense, it was placed under
+ the general safeguard of the Union in the sense of defense
+ against either invasion or domestic violence, like all other
+ local interests of the several States. Each State expressly
+ stipulated, as well for itself as for each and all of its
+ citizens, and every citizen of each State became solemnly
+ bound by his allegiance to the Constitution that any person
+ held to service or labor in one State, escaping into another,
+ should not, in consequence of any law or regulation thereof,
+ be discharged from such service or labor, but should be
+ delivered up on claim of the party to whom such service or
+ labor might be due by the laws of his State.
+ </p>
+ <p>
+ Thus and thus only, by the reciprocal guaranty of all the
+ rights of every State against interference on the part of
+ another, was the present form of government established by
+ our fathers and transmitted to us, and by no other means is
+ it possible for it to exist. If one State ceases to respect
+ the rights of another and obtrusively intermeddles with its
+ local interests; if a portion of the States assume to impose
+ their institutions on the others or refuse to fulfill their
+ obligations to them, we are no longer united, friendly
+ States, but distracted, hostile ones, with little capacity
+ left of common advantage, but abundant means of reciprocal
+ injury and mischief. Practically it is immaterial whether
+ aggressive interference between the States or deliberate
+ refusal on the part of any one of them to comply with
+ constitutional obligations arise from erroneous conviction or
+ blind prejudice, whether it be perpetrated by direction or
+ indirection. In either case it is full of threat and of
+ danger to the durability of the Union.
+ </p>
+ <p>
+ Placed in the office of Chief Magistrate as the executive
+ agent of the whole country, bound to take care that the laws
+ be faithfully executed, and specially enjoined by the
+ Constitution to give information to Congress on the state of
+ the Union, it would be palpable neglect of duty on my part to
+ pass over a subject like this, which beyond all things at the
+ present time vitally concerns individual and public security.
+ </p>
+ <p>
+ It has been matter of painful regret to see States
+ conspicuous for their services in founding this Republic and
+ equally sharing its advantages disregard their constitutional
+ obligations to it. Although conscious of their inability to
+ heal admitted and palpable social evils of their own, and
+ which are completely within their jurisdiction, they engage
+ in the offensive and hopeless undertaking of reforming the
+ domestic institutions of other States, wholly beyond their
+ control and authority. In the vain pursuit of ends by them
+ entirely unattainable, and which they may not legally attempt
+ to compass, they peril the very existence of the Constitution
+ and all the countless benefits which it has conferred. While
+ the people of the Southern States confine their attention to
+ their own affairs, not presuming officiously to intermeddle
+ with the social institutions of the Northern States, too many
+ of the inhabitants of the latter are permanently organized in
+ associations to inflict injury on the former by wrongful
+ acts, which would be cause of war as between foreign powers
+ and only fail to be such in our system because perpetrated
+ under cover of the Union.
+ </p>
+ <p>
+ Is it possible to present this subject as truth and the
+ occasion require without noticing the reiterated but
+ groundless allegation that the South has persistently
+ asserted claims and obtained advantages in the practical
+ administration of the General Government to the prejudice of
+ the North, and in which the latter has acquiesced? That is,
+ the States which either promote or tolerate attacks on the
+ rights of persons and of property in other States, to
+ disguise their own injustice, pretend or imagine, and
+ constantly aver, that they, whose constitutional rights are
+ thus systematically assailed, are themselves the aggressors.
+ At the present time this imputed aggression, resting, as it
+ does, only in the vague declamatory charges of political
+ agitators, resolves itself into misapprehension, or
+ misinterpretation, of the principles and facts of the
+ political organization of the new Territories of the United
+ States.
+ </p>
+ <p>
+ What is the voice of history? When the ordinance which
+ provided for the government of the territory northwest of the
+ river Ohio and for its eventual subdivision into new States
+ was adopted in the Congress of the Confederation, it is not
+ to be supposed that the question of future relative power as
+ between the States which retained and those which did not
+ retain a numerous colored population escaped notice or failed
+ to be considered. And yet the concession of that vast
+ territory to the interests and opinions of the Northern
+ States, a territory now the seat of five among the largest
+ members of the Union, was in great measure the act of the
+ State of Virginia and of the South.
+ </p>
+ <p>
+ When Louisiana was acquired by the United States, it was an
+ acquisition not less to the North than to the South; for
+ while it was important to the country at the mouth of the
+ river Mississippi to become the emporium of the country above
+ it, so also it was even more important to the whole Union to
+ have that emporium; and although the new province, by reason
+ of its imperfect settlement, was mainly regarded as on the
+ Gulf of Mexico, yet in fact it extended to the opposite
+ boundaries of the United States, with far greater breadth
+ above than below, and was in territory, as in everything
+ else, equally at least an accession to the Northern States.
+ It is mere delusion and prejudice, therefore, to speak of
+ Louisiana as acquisition in the special interest of the
+ South.
+ </p>
+ <p>
+ The patriotic and just men who participated in that act were
+ influenced by motives far above all sectional jealousies. It
+ was in truth the great event which, by completing for us the
+ possession of the Valley of the Mississippi, with commercial
+ access to the Gulf of Mexico, imparted unity and strength to
+ the whole Confederation and attached together by indissoluble
+ ties the East and the West, as well as the North and the
+ South.
+ </p>
+ <p>
+ As to Florida, that was but the transfer by Spain to the
+ United States of territory on the east side of the river
+ Mississippi in exchange for large territory which the United
+ States transferred to Spain on the west side of that river,
+ as the entire diplomatic history of the transaction serves to
+ demonstrate. Moreover, it was an acquisition demanded by the
+ commercial interests and the security of the whole Union.
+ </p>
+ <p>
+ In the meantime the people of the United States had grown up
+ to a proper consciousness of their strength, and in a brief
+ contest with France and in a second serious war with Great
+ Britain they had shaken off all which remained of undue
+ reverence for Europe, and emerged from the atmosphere of
+ those transatlantic influences which surrounded the infant
+ Republic, and had begun to turn their attention to the full
+ and systematic development of the internal resources of the
+ Union.
+ </p>
+ <p>
+ Among the evanescent controversies of that period the most
+ conspicuous was the question of regulation by Congress of the
+ social condition of the future States to be founded in the
+ territory of Louisiana.
+ </p>
+ <p>
+ The ordinance for the government of the territory northwest
+ of the river Ohio had contained a provision which prohibited
+ the use of servile labor therein, subject to the condition of
+ the extraditions of fugitives from service due in any other
+ part of the United States. Subsequently to the adoption of
+ the Constitution this provision ceased to remain as a law,
+ for its operation as such was absolutely superseded by the
+ Constitution. But the recollection of the fact excited the
+ zeal of social propagandism in some sections of the
+ Confederation, and when a second State, that of Missouri,
+ came to be formed in the territory of Louisiana proposition
+ was made to extend to the latter territory the restriction
+ originally applied to the country situated between the rivers
+ Ohio and Mississippi.
+ </p>
+ <p>
+ Most questionable as was this proposition in all its
+ constitutional relations, nevertheless it received the
+ sanction of Congress, with some slight modifications of line,
+ to save the existing rights of the intended new State. It was
+ reluctantly acquiesced in by Southern States as a sacrifice
+ to the cause of peace and of the Union, not only of the
+ rights stipulated by the treaty of Louisiana, but of the
+ principle of equality among the States guaranteed by the
+ Constitution. It was received by the Northern States with
+ angry and resentful condemnation and complaint, because it
+ did not concede all which they had exactingly demanded.
+ Having passed through the forms of legislation, it took its
+ place in the statute book, standing open to repeal, like any
+ other act of doubtful constitutionality, subject to be
+ pronounced null and void by the courts of law, and possessing
+ no possible efficacy to control the rights of the States
+ which might thereafter be organized out of any part of the
+ original territory of Louisiana.
+ </p>
+ <p>
+ In all this, if any aggression there were, any innovation
+ upon preexisting rights, to which portion of the Union are
+ they justly chargeable?
+ </p>
+ <p>
+ This controversy passed away with the occasion, nothing
+ surviving it save the dormant letter of the statute.
+ </p>
+ <p>
+ But long afterwards, when by the proposed accession of the
+ Republic of Texas the United States were to take their next
+ step in territorial greatness, a similar contingency occurred
+ and became the occasion for systematized attempts to
+ intervene in the domestic affairs of one section of the
+ Union, in defiance of their rights as States and of the
+ stipulations of the Constitution. These attempts assumed a
+ practical direction in the shape of persevering endeavors by
+ some of the Representatives in both Houses of Congress to
+ deprive the Southern States of the supposed benefit of the
+ provisions of the act authorizing the organization of the
+ State of Missouri.
+ </p>
+ <p>
+ But the good sense of the people and the vital force of the
+ Constitution triumphed over sectional prejudice and the
+ political errors of the day, and the State of Texas returned
+ to the Union as she was, with social institutions which her
+ people had chosen for themselves and with express agreement
+ by the reannexing act that she should be susceptible of
+ subdivision into a plurality of States.
+ </p>
+ <p>
+ Whatever advantage the interests of the Southern States, as
+ such, gained by this were far inferior in results, as they
+ unfolded in the progress of time, to those which sprang from
+ previous concessions made by the South.
+ </p>
+ <p>
+ To every thoughtful friend of the Union, to the true lovers
+ of their country, to all who longed and labored for the full
+ success of this great experiment of republican institutions,
+ it was cause of gratulation that such an opportunity had
+ occurred to illustrate our advancing power on this continent
+ and to furnish to the world additional assurance of the
+ strength and stability of the Constitution. Who would wish to
+ see Florida still a European colony? Who would rejoice to
+ hail Texas as a lone star instead of one in the galaxy of
+ States? Who does not appreciate the incalculable benefits of
+ the acquisition of Louisiana? And yet narrow views and
+ sectional purposes would inevitably have excluded them all
+ from the Union.
+ </p>
+ <p>
+ But another struggle on the same point ensued when our
+ victorious armies returned from Mexico and it devolved on
+ Congress to provide for the territories acquired by the
+ treaty of Guadalupe Hidalgo. The great relations of the
+ subject had now become distinct and clear to the perception
+ of the public mind, which appreciated the evils of sectional
+ controversy upon the question of the admission of new States.
+ In that crisis intense solicitude pervaded the nation. But
+ the patriotic impulses of the popular heart, guided by the
+ admonitory advice of the Father of his Country, rose superior
+ to all the difficulties of the incorporation of a new empire
+ into the Union. In the counsels of Congress there was
+ manifested extreme antagonism of opinion and action between
+ some Representatives, who sought by the abusive and
+ unconstitutional employment of the legislative powers of the
+ Government to interfere in the condition of the inchoate
+ States and to impose their own social theories upon the
+ latter, and other Representatives, who repelled the
+ interposition of the General Government in this respect and
+ maintained the self-constituting rights of the States. In
+ truth, the thing attempted was in form alone action of the
+ General Government, while in reality it was the endeavor, by
+ abuse of legislative power, to force the ideas of internal
+ policy entertained in particular States upon allied
+ independent States. Once more the Constitution and the Union
+ triumphed signally. The new territories were organized
+ without restrictions on the disputed point, and were thus
+ left to judge in that particular for themselves; and the
+ sense of constitutional faith proved vigorous enough in
+ Congress not only to accomplish this primary object, but also
+ the incidental and hardly less important one of so amending
+ the provisions of the statute for the extradition of
+ fugitives, from service as to place that public duty under
+ the safeguard of the General Government, and thus relieve it
+ from obstacles raised up by the legislation of some of the
+ States.
+ </p>
+ <p>
+ Vain declamation regarding the provisions of law for the
+ extradition of fugitives from service, with occasional
+ episodes of frantic effort to obstruct their execution by
+ riot and murder, continued for a brief time to agitate
+ certain localities. But the true principle of leaving each
+ State and Territory to regulate its own laws of labor
+ according to its own sense of right and expediency had
+ acquired fast hold of the public judgment, to such a degree
+ that by common consent it was observed in the organization of
+ the Territory of Washington.
+ </p>
+ <p>
+ When, more recently, it became requisite to organize the
+ Territories of Nebraska and Kansas, it was the natural and
+ legitimate, if not the inevitable, consequence of previous
+ events and legislation that the same great and sound
+ principle which had already been applied to Utah and New
+ Mexico should be applied to them&mdash;that they should stand
+ exempt from the restrictions proposed in the act relative to
+ the State of Missouri.
+ </p>
+ <p>
+ These restrictions were, in the estimation of many thoughtful
+ men, null from the beginning, unauthorized by the
+ Constitution, contrary to the treaty stipulations for the
+ cession of Louisiana, and inconsistent with the equality of
+ these States.
+ </p>
+ <p>
+ They had been stripped of all moral authority by persistent
+ efforts to procure their indirect repeal through
+ contradictory enactments. They had been practically abrogated
+ by the legislation attending the organization of Utah, New
+ Mexico, and Washington. If any vitality remained in them it
+ would have been taken away, in effect, by the new Territorial
+ acts in the form originally proposed to the Senate at the
+ first session of the last Congress. It was manly and
+ ingenuous, as well as patriotic and just, to do this directly
+ and plainly, and thus relieve the statute book of an act
+ which might be of possible future injury, but of no possible
+ future benefit; and the measure of its repeal was the final
+ consummation and complete recognition of the principle that
+ no portion of the United States shall undertake through
+ assumption of the powers of the General Government to dictate
+ the social institutions of any other portion.
+ </p>
+ <p>
+ The scope and effect of the language of repeal were not left
+ in doubt. It was declared in terms to be "the true intent and
+ meaning of this act not to legislate slavery into any
+ Territory or State, nor to exclude it therefrom, but to leave
+ the people thereof perfectly free to form and regulate their
+ domestic institutions in their own way, subject only to the
+ Constitution of the United States."
+ </p>
+ <p>
+ The measure could not be withstood upon its merits alone. It
+ was attacked with violence on the false or delusive pretext
+ that it constituted a breach of faith. Never was objection
+ more utterly destitute of substantial justification. When
+ before was it imagined by sensible men that a regulative or
+ declarative statute, whether enacted ten or forty years ago,
+ is irrepealable; that an act of Congress is above the
+ Constitution? If, indeed, there were in the facts any cause
+ to impute bad faith, it would attach to those only who have
+ never ceased, from the time of the enactment of the
+ restrictive provision to the present day, to denounce and
+ condemn it; who have constantly refused to complete it by
+ needful supplementary legislation; who have spared no
+ exertion to deprive it of moral force; who have themselves
+ again and again attempted its repeal by the enactment of
+ incompatible provisions, and who, by the inevitable
+ reactionary effect of their own violence on the subject,
+ awakened the country to perception of the true constitutional
+ principle of leaving the matter involved to the discretion of
+ the people of the respective existing or incipient States.
+ </p>
+ <p>
+ It is not pretended that this principle or any other
+ precludes the possibility of evils in practice, disturbed, as
+ political action is liable to be, by human passions. No form
+ of government is exempt from inconveniences; but in this case
+ they are the result of the abuse, and not of the legitimate
+ exercise, of the powers reserved or conferred in the
+ organization of a Territory. They are not to be charged to
+ the great principle of popular sovereignty. On the contrary,
+ they disappear before the intelligence and patriotism of the
+ people, exerting through the ballot box their peaceful and
+ silent but irresistible power.
+ </p>
+ <p>
+ If the friends of the Constitution are to have another
+ struggle, its enemies could not present a more acceptable
+ issue than that of a State whose constitution clearly
+ embraces "a republican form of government" being excluded
+ from the Union because its domestic institutions may not in
+ all respects comport with the ideas of what is wise and
+ expedient entertained in some other State. Fresh from
+ groundless imputations of breach of faith against others, men
+ will commence the agitation of this new question with
+ indubitable violation of an express compact between the
+ independent sovereign powers of the United States and of the
+ Republic of Texas, as well as of the older and equally solemn
+ compacts which assure the equality of all the States.
+ </p>
+ <p>
+ But deplorable as would be such a violation of compact in
+ itself and in all its direct consequences, that is the very
+ least of the evils involved. When sectional agitators shall
+ have succeeded in forcing on this issue, can their
+ pretensions fail to be met by counter pretensions? Will not
+ different States be compelled, respectively, to meet extremes
+ with extremes? And if either extreme carry its point, what is
+ that so far forth but dissolution of the Union? If a new
+ State, formed from the territory of the United States, be
+ absolutely excluded from admission therein, that fact of
+ itself constitutes the disruption of union between it and the
+ other States. But the process of dissolution could not stop
+ there. Would not a sectional decision producing such result
+ by a majority of votes, either Northern or Southern, of
+ necessity drive out the oppressed and aggrieved minority and
+ place in presence of each other two irreconcilably hostile
+ confederations?
+ </p>
+ <p>
+ It is necessary to speak thus plainly of projects the
+ offspring of that sectional agitation now prevailing in some
+ of the States, which are as impracticable as they are
+ unconstitutional, and which if persevered in must and will
+ end calamitously. It is either disunion and civil war or it
+ is mere angry, idle, aimless disturbance of public peace and
+ tranquillity. Disunion for what? If the passionate rage of
+ fanaticism and partisan spirit did not force the fact upon
+ our attention, it would be difficult to believe that any
+ considerable portion of the people of this enlightened
+ country could have so surrendered themselves to a fanatical
+ devotion to the supposed interests of the relatively few
+ Africans in the United States as totally to abandon and
+ disregard the interests of the 25,000,000 Americans; to
+ trample under foot the injunctions of moral and
+ constitutional obligation, and to engage in plans of
+ vindictive hostility against those who are associated with
+ them in the enjoyment of the common, heritage of our national
+ institutions.
+ </p>
+ <p>
+ Nor is it hostility against their fellow-citizens of one
+ section of the Union alone. The interests, the honor, the
+ duty, the peace, and the prosperity of the people of all
+ sections are equally involved and imperiled in this question.
+ And are patriotic men in any part of the Union prepared on
+ such issue thus madly to invite all the consequences of the
+ forfeiture of their constitutional engagements? It is
+ impossible. The storm of frenzy and faction must inevitably
+ dash itself in vain against the unshaken rock of the
+ Constitution. I shall never doubt it. I know that the Union
+ is stronger a thousand times than all the wild and chimerical
+ schemes of social change which are generated one after
+ another in the unstable minds of visionary sophists and
+ interested agitators. I rely confidently on the patriotism of
+ the people, on the dignity and self-respect of the States, on
+ the wisdom of Congress, and, above all, on the continued
+ gracious favor of Almighty God to maintain against all
+ enemies, whether at home or abroad, the sanctity of the
+ Constitution and the integrity of the Union.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SPECIAL MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>December 26, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 17th
+ instant, I send herewith the "memorial of citizens of New
+ Orleans, complaining of the irregularity of the mail service
+ between Washington and New Orleans." I deem it proper also to
+ transmit with the memorial my note of the 18th instant to the
+ memorialists and a copy of the letter of the
+ Postmaster-General therein referred to.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 27, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit to the Senate, for consideration with a view to
+ ratification, a treaty between the United States and
+ Nicaragua, signed at Granada on the 20th day of June, A.D.
+ 1855.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 27, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit to the Senate, for consideration with a view to
+ ratification, a treaty between the United States and the
+ Kingdom of the Two Sicilies and a declaration as to the
+ construction thereof, both signed at Naples on the 1st day of
+ October last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 27, 1855</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit to the Senate, for consideration with a view to
+ ratification, a treaty between the United States and His
+ Majesty the King of the Hawaiian Islands, signed in
+ Washington the 20th day of July, A.D. 1855.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON CITY, <i>January 3, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, the following-described Indian treaties,
+ negotiated by George W. Manypenny and Henry C. Gilbert, as
+ commissioners on the part of the United States:
+ </p>
+ <p>
+ A. Treaty with the Chippewas of Saginaw, Swan Creek, and
+ Black River, dated 2d August, 1855.
+ </p>
+ <p>
+ B. Treaty with the Chippewas of Sault Ste. Marie, dated
+ August 2, 1855.
+ </p>
+ <p>
+ C. Treaty with the Ottawas and Chippewas, dated July 31,
+ 1855.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 11, 1856</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 the accompanying document,<a href=
+ "#note-51">51</a> in answer to their resolution of yesterday.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON CITY, <i>January 21, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate to the Senate herewith a letter from the
+ Secretary of the Interior, accompanying six several treaties
+ negotiated by Governor Meriwether, of New Mexico, with the
+ Indians in that Territory, for its constitutional action
+ thereon.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 23, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith to the Senate, for its constitutional
+ action thereon, a treaty between the United States and the
+ Choctaw and Chickasaw tribes of Indians, made and concluded
+ in this city on the 22d day of June, 1855.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 24, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ Circumstances have occurred to disturb the course of
+ governmental organization in the Territory of Kansas and
+ produce there a condition of things which renders it
+ incumbent on me to call your attention to the subject and
+ urgently to recommend the adoption by you of such measures of
+ legislation as the grave exigencies of the case appear to
+ require.
+ </p>
+ <p>
+ A brief exposition of the circumstances referred to and of
+ their causes will be necessary to the full understanding of
+ the recommendations which it is proposed to submit.
+ </p>
+ <p>
+ The act to organize the Territories of Nebraska and Kansas
+ was a manifestation of the legislative opinion of Congress on
+ two great points of constitutional construction: One, that
+ the designation of the boundaries of a new Territory and
+ provision for its political organization and administration
+ as a Territory are measures which of right fall within the
+ powers of the General Government; and the other, that the
+ inhabitants of any such Territory, considered as an inchoate
+ State, are entitled, in the exercise of self-government, to
+ determine for themselves what shall be their own domestic
+ institutions, subject only to the Constitution and the laws
+ duly enacted by Congress under it and to the power of the
+ existing States to decide, according to the provisions and
+ principles of the Constitution, at what time the Territory
+ shall be received as a State into the Union. Such are the
+ great political rights which are solemnly declared and
+ affirmed by that act.
+ </p>
+ <p>
+ Based upon this theory, the act of Congress defined for each
+ Territory the outlines of republican government, distributing
+ public authority among lawfully created
+ agents&mdash;executive, judicial, and legislative&mdash;to be
+ appointed either by the General Government or by the
+ Territory. The legislative functions were intrusted to a
+ council and a house of representatives, duly elected, and
+ empowered to enact all the local laws which they might deem
+ essential to their prosperity, happiness, and good
+ government. Acting in the same spirit, Congress also defined
+ the persons who were in the first instance to be considered
+ as the people of each Territory, enacting that every free
+ white male inhabitant of the same above the age of 21 years,
+ being an actual resident thereof and possessing the
+ qualifications hereafter described, should be entitled to
+ vote at the first election and be eligible to any office
+ within the Territory, but that the qualification of voters
+ and holding office at all subsequent elections should be such
+ as might be prescribed by the legislative assembly; provided,
+ however, that the right of suffrage and of holding office
+ should be exercised only by citizens of the United States and
+ those who should have declared on oath their intention to
+ become such and have taken an oath to support the
+ Constitution of the United States and the provisions of the
+ act; and provided further, that no officer, soldier, seaman,
+ or marine or other person in the Army or Navy of the United
+ States or attached to troops in their service should be
+ allowed to vote or hold office in either Territory by reason
+ of being on service therein.
+ </p>
+ <p>
+ Such of the public officers of the Territories as by the
+ provisions of the act were to be appointed by the General
+ Government, including the governors, were appointed and
+ commissioned in due season, the law having been enacted on
+ the 30th of May, 1854, and the commission of the governor of
+ the Territory of Nebraska being dated on the 2d day of
+ August, 1854, and of the Territory of Kansas on the 29th day
+ of June, 1854. Among the duties imposed by the act on the
+ governors was that of directing and superintending the
+ political organization of the respective Territories.
+ </p>
+ <p>
+ The governor of Kansas was required to cause a census or
+ enumeration of the inhabitants and qualified voters of the
+ several counties and districts of the Territory to be taken
+ by such persons and in such mode as he might designate and
+ appoint; to appoint and direct the time and places of holding
+ the first elections, and the manner of conducting them, both
+ as to the persons to superintend such elections and the
+ returns thereof; to declare the number of the members of the
+ council and the house of representatives for each county or
+ district; to declare what persons might appear to be duly
+ elected, and to appoint the time and place of the first
+ meeting of the legislative assembly. In substance, the same
+ duties were devolved on the governor of Nebraska.
+ </p>
+ <p>
+ While by this act the principle of constitution for each of
+ the Territories was one and the same and the details of
+ organic legislation regarding both were as nearly as could be
+ identical, and while the Territory of Nebraska was tranquilly
+ and successfully organized in the due course of law, and its
+ first legislative assembly met on the 16th of January, 1855,
+ the organization of Kansas was long delayed, and has been
+ attended with serious difficulties and embarrassments, partly
+ the consequence of local maladministration and partly of the
+ unjustifiable interference of the inhabitants of some of the
+ States, foreign by residence, interests, and rights to the
+ Territory.
+ </p>
+ <p>
+ The governor of the Territory of Kansas, commissioned as
+ before stated, on the 29th of June, 1854, did not reach the
+ designated seat of his government until the 7th of the
+ ensuing October, and even then failed to make the first step
+ in its legal organization, that of ordering the census or
+ enumeration of its inhabitants, until so late a day that the
+ election of the members of the legislative assembly did not
+ take place until the 30th of March, 1855, nor its meeting
+ until the 2d of July, 1855. So that for a year after the
+ Territory was constituted by the act of Congress and the
+ officers to be appointed by the Federal Executive had been
+ commissioned it was without a complete government, without
+ any legislative authority, without local law, and, of course,
+ without the ordinary guaranties of peace and public order.
+ </p>
+ <p>
+ In other respects the governor, instead of exercising
+ constant vigilance and putting forth all his energies to
+ prevent or counteract the tendencies to illegality which are
+ prone to exist in all imperfectly organized and newly
+ associated communities, allowed his attention to be diverted
+ from official obligations by other objects, and himself set
+ an example of the violation of law in the performance of acts
+ which rendered it my duty in the sequel to remove him from
+ the office of chief executive magistrate of the Territory.
+ </p>
+ <p>
+ Before the requisite preparation was accomplished for
+ election of a Territorial legislature, an election of
+ Delegate to Congress had been held in the Territory on the
+ 29th day of November, 1854, and the Delegate took his seat in
+ the House of Representatives without challenge. If
+ arrangements had been perfected by the governor so that the
+ election for members of the legislative assembly might be
+ held in the several precincts at the same time as for
+ Delegate to Congress, any question appertaining to the
+ qualification of the persons voting as people of the
+ Territory would have passed necessarily and at once under the
+ supervision of Congress, as the judge of the validity of the
+ return of the Delegate, and would have been determined before
+ conflicting passions had become inflamed by time, and before
+ opportunity could have been afforded for systematic
+ interference of the people of individual States.
+ </p>
+ <p>
+ This interference, in so far as concerns its primary causes
+ and its immediate commencement, was one of the incidents of
+ that pernicious agitation on the subject of the condition of
+ the colored persons held to service in some of the States
+ which has so long disturbed the repose of our country and
+ excited individuals, otherwise patriotic and law abiding, to
+ toil with misdirected zeal in the attempt to propagate their
+ social theories by the perversion and abuse of the powers of
+ Congress.
+ </p>
+ <p>
+ The persons and the parties whom the tenor of the act to
+ organize the Territories of Nebraska and Kansas thwarted in
+ the endeavor to impose, through the agency of Congress, their
+ particular views of social organization on the people of the
+ future new States now perceiving that the policy of leaving
+ the inhabitants of each State to judge for themselves in this
+ respect was ineradicably rooted in the convictions of the
+ people of the Union, then had recourse, in the pursuit of
+ their general object, to the extraordinary measure of
+ propagandist colonization of the Territory of Kansas to
+ prevent the free and natural action of its inhabitants in its
+ internal organization, and thus to anticipate or to force the
+ determination of that question in this inchoate State.
+ </p>
+ <p>
+ With such views associations were organized in some of the
+ States, and their purposes were proclaimed through the press
+ in language extremely irritating and offensive to those of
+ whom the colonists were to become the neighbors. Those
+ designs and acts had the necessary consequence to awaken
+ emotions of intense indignation in States near to the
+ Territory of Kansas, and especially in the adjoining State of
+ Missouri, whose domestic peace was thus the most directly
+ endangered; but they are far from justifying the illegal and
+ reprehensible countermovements which ensued.
+ </p>
+ <p>
+ Under these inauspicious circumstances the primary elections
+ for members of the legislative assembly were held in most, if
+ not all, of the precincts at the time and the places and by
+ the persons designated and appointed by the governor
+ according to law.
+ </p>
+ <p>
+ Angry accusations that illegal votes had been polled abounded
+ on all sides, and imputations were made both of fraud and
+ violence. But the governor, in the exercise of the power and
+ the discharge of the duty conferred and imposed by law on him
+ alone, officially received and considered the returns,
+ declared a large majority of the members of the council and
+ the house of representatives "duly elected," withheld
+ certificates from others because of alleged illegality of
+ votes, appointed a new election to supply the places of the
+ persons not certified, and thus at length, in all the forms
+ of statute, and with his own official authentication,
+ complete legality was given to the first legislative assembly
+ of the Territory.
+ </p>
+ <p>
+ Those decisions of the returning officers and of the governor
+ are final, except that by the parliamentary usage of the
+ country applied to the organic law it may be conceded that
+ each house of the assembly must have been competent to
+ determine in the last resort the qualifications and the
+ election of its members. The subject was by its nature one
+ appertaining exclusively to the jurisdiction of the local
+ authorities of the Territory. Whatever irregularities may
+ have occurred in the elections, it seems too late now to
+ raise that question. At all events, it is a question as to
+ which, neither now nor at any previous time, has the least
+ possible legal authority been possessed by the President of
+ the United States. For all present purposes the legislative
+ body thus constituted and elected was the legitimate
+ legislative assembly of the Territory.
+ </p>
+ <p>
+ Accordingly the governor by proclamation convened the
+ assembly thus elected to meet at a place called Pawnee City;
+ the two houses met and were duly organized in the ordinary
+ parliamentary form; each sent to and received from the
+ governor the official communications usual on such occasions;
+ an elaborate message opening the session was communicated by
+ the governor, and the general business of legislation was
+ entered upon by the legislative assembly.
+ </p>
+ <p>
+ But after a few days the assembly resolved to adjourn to
+ another place in the Territory. A law was accordingly passed,
+ against the consent of the governor, but in due form
+ otherwise, to remove the seat of government temporarily to
+ the "Shawnee Manual Labor School" (or mission), and thither
+ the assembly proceeded. After this, receiving a bill for the
+ establishment of a ferry at the town of Kickapoo, the
+ governor refused to sign it, and by special message assigned
+ for reason of refusal not anything objectionable in the bill
+ itself nor any pretense of the illegality or incompetency of
+ the assembly as such, but only the fact that the assembly had
+ by its act transferred the seat of government temporarily
+ from Pawnee City to the Shawnee Mission. For the same reason
+ he continued to refuse to sign other bills until in the
+ course of a few days he by official message communicated to
+ the assembly the fact that he had received notification of
+ the termination of his functions as governor, and that the
+ duties of the office were legally devolved on the secretary
+ of the Territory; thus to the last recognizing the body as a
+ duly elected and constituted legislative assembly.
+ </p>
+ <p>
+ It will be perceived that if any constitutional defect
+ attached to the legislative acts of the assembly it is not
+ pretended to consist in irregularity of election or want of
+ qualification of the members, but only in the change of its
+ place of session. However trivial this objection may seem to
+ be, it requires to be considered, because upon it is founded
+ all that superstructure of acts, plainly against law, which
+ now threaten the peace, not only of the Territory of Kansas,
+ but of the Union.
+ </p>
+ <p>
+ Such an objection to the proceedings of the legislative
+ assembly was of exceptionable origin, for the reason that by
+ the express terms of the organic law the seat of government
+ of the Territory was "located temporarily at Fort
+ Leavenworth;" and yet the governor himself remained there
+ less than two months, and of his own discretion transferred
+ the seat of government to the Shawnee Mission, where it in
+ fact was at the time the assembly were called to meet at
+ Pawnee City. If the governor had any such right to change
+ temporarily the seat of government, still more had the
+ legislative assembly. The objections are of exceptionable
+ origin for the further reason that the place indicated by the
+ governor, without having any exclusive claim of preference in
+ itself, was a proposed town site only, which he and others
+ were attempting to locate unlawfully upon land within a
+ military reservation, and for participation in which illegal
+ act the commandant of the post, a superior officer in the
+ Army, has been dismissed by sentence of court-martial. Nor is
+ it easy to see why the legislative assembly might not with
+ propriety pass the Territorial act transferring its sittings
+ to the Shawnee Mission. If it could not, that must be on
+ account of some prohibitory or incompatible provision of act
+ of Congress; but no such provision exists. The organic act,
+ as already quoted, says "the seat of government is hereby
+ located temporarily at Fort Leavenworth;" and it then
+ provides that certain of the public buildings there "may be
+ occupied and used under the direction of the governor and
+ legislative assembly." These expressions might possibly be
+ construed to imply that when, in a previous section of the
+ act, it was enacted that "the first legislative assembly
+ shall meet at such place and on such day as the governor
+ shall appoint," the word "place" means place at Fort
+ Leavenworth, not place anywhere in the Territory. If so, the
+ governor would have been the first to err in this matter, not
+ only in himself having removed the seat of government to the
+ Shawnee Mission, but in again removing it to Pawnee City. If
+ there was any departure from the letter of the law,
+ therefore, it was his in both instances. But however this may
+ be, it is most unreasonable to suppose that by the terms of
+ the organic act Congress intended to do impliedly what it has
+ not done expressly&mdash;that is, to forbid to the
+ legislative assembly the power to choose any place it might
+ see fit as the temporary seat of its deliberations. That is
+ proved by the significant language of one of the subsequent
+ acts of Congress on the subject&mdash;that of March 3,
+ 1855&mdash;which, in making appropriation for public
+ buildings of the Territory, enacts that the same shall not be
+ expended "until the legislature of said Territory shall have
+ fixed by law the permanent seat of government." Congress in
+ these expressions does not profess to be granting the power
+ to fix the permanent seat of government, but recognizes the
+ power as one already granted. But how? Undoubtedly by the
+ comprehensive provision of the organic act itself, which
+ declares that "the legislative power of the Territory shall
+ extend to all rightful subjects of legislation consistent
+ with the Constitution of the United States and the provisions
+ of this act." If in view of this act the legislative assembly
+ had the large power to fix the permanent seat of government
+ at any place in its discretion, of course by the same
+ enactment it had the less and the included power to fix it
+ temporarily.
+ </p>
+ <p>
+ Nevertheless, the allegation that the acts of the legislative
+ assembly were illegal by reason of this removal of its place
+ of session was brought forward to justify the first great
+ movement in disregard of law within the Territory. One of the
+ acts of the legislative assembly provided for the election of
+ a Delegate to the present Congress, and a Delegate was
+ elected under that law. But subsequently to this a portion of
+ the people of the Territory proceeded without authority of
+ law to elect another Delegate.
+ </p>
+ <p>
+ Following upon this movement was another and more important
+ one of the same general character. Persons confessedly not
+ constituting the body politic or all the inhabitants, but
+ merely a party of the inhabitants, and without law, have
+ undertaken to summon a convention for the purpose of
+ transforming the Territory into a State, and have framed a
+ constitution, adopted it, and under it elected a governor and
+ other officers and a Representative to Congress. In
+ extenuation of these illegal acts it is alleged that the
+ States of California, Michigan, and others were
+ self-organized, and as such were admitted into the Union
+ without a previous enabling act of Congress. It is true that
+ while in a majority of cases a previous act of Congress has
+ been passed to authorize the Territory to present itself as a
+ State, and that this is deemed the most regular course, yet
+ such an act has not been held to be indispensable, and in
+ some cases the Territory has proceeded without it, and has
+ nevertheless been admitted into the Union as a State. It lies
+ with Congress to authorize beforehand or to confirm
+ afterwards, in its discretion. But in no instance has a State
+ been admitted upon the application of persons acting against
+ authorities duly constituted by act of Congress. In every
+ case it is the people of the Territory, not a party among
+ them, who have the power to form a constitution and ask for
+ admission as a State. No principle of public law, no practice
+ or precedent under the Constitution of the United States, no
+ rule of reason, right, or common sense, confers any such
+ power as that now claimed by a mere party in the Territory.
+ In fact what has been done is of revolutionary character. It
+ is avowedly so in motive and in aim as respects the local law
+ of the Territory. It will become treasonable insurrection if
+ it reach the length of organized resistance by force to the
+ fundamental or any other Federal law and to the authority of
+ the General Government. In such an event the path of duty for
+ the Executive is plain. The Constitution requiring him to
+ take care that the laws of the United States be faithfully
+ executed, if they be opposed in the Territory of Kansas he
+ may, and should, place at the disposal of the marshal any
+ public force of the United States which happens to be within
+ the jurisdiction, to be used as a portion of the <i>posse
+ comitatus</i>; and if that do not suffice to maintain order,
+ then he may call forth the militia of one or more States for
+ that object, or employ for the same object any part of the
+ land or naval force of the United States. So, also, if the
+ obstruction be to the laws of the Territory, and it be duly
+ presented to him as a case of insurrection, he may employ for
+ its suppression the militia of any State or the land or naval
+ force of the United States. And if the Territory be invaded
+ by the citizens of other States, whether for the purpose of
+ deciding elections or for any other, and the local
+ authorities find themselves unable to repel or withstand it,
+ they will be entitled to, and upon the fact being fully
+ ascertained they shall most certainly receive, the aid of the
+ General Government.
+ </p>
+ <p>
+ But it is not the duty of the President of the United States
+ to volunteer interposition by force to preserve the purity of
+ elections either in a State or Territory. To do so would be
+ subversive of public freedom. And whether a law be wise or
+ unwise, just or unjust, is not a question for him to judge.
+ If it be constitutional&mdash;that is, if it be the law of
+ the land&mdash;it is his duty to cause it to be executed, or
+ to sustain the authorities of any State or Territory in
+ executing it in opposition to all insurrectionary movements.
+ </p>
+ <p>
+ Our system affords no justification of revolutionary acts,
+ for the constitutional means of relieving the people of
+ unjust administration and laws, by a change of public agents
+ and by repeal, are ample, and more prompt and effective than
+ illegal violence. These means must be scrupulously guarded,
+ this great prerogative of popular sovereignty sacredly
+ respected.
+ </p>
+ <p>
+ It is the undoubted right of the peaceable and orderly people
+ of the Territory of Kansas to elect their own legislative
+ body, make their own laws, and regulate their own social
+ institutions, without foreign or domestic molestation.
+ Interference on the one hand to procure the abolition or
+ prohibition of slave labor in the Territory has produced
+ mischievous interference on the other for its maintenance or
+ introduction. One wrong begets another. Statements entirely
+ unfounded, or grossly exaggerated, concerning events within
+ the Territory are sedulously diffused through remote States
+ to feed the flame of sectional animosity there, and the
+ agitators there exert themselves indefatigably in return to
+ encourage and stimulate strife within the Territory.
+ </p>
+ <p>
+ The inflammatory agitation, of which the present is but a
+ part, has for twenty years produced nothing save unmitigated
+ evil, North and South. But for it the character of the
+ domestic institutions of the future new State would have been
+ a matter of too little interest to the inhabitants of the
+ contiguous States, personally or collectively, to produce
+ among them any political emotion. Climate, soil, production,
+ hopes of rapid advancement and the pursuit of happiness on
+ the part of the settlers themselves, with good wishes, but
+ with no interference from without, would have quietly
+ determined the question which is at this time of such
+ disturbing character.
+ </p>
+ <p>
+ But we are constrained to turn our attention to the
+ circumstances of embarrassment as they now exist. It is the
+ duty of the people of Kansas to discountenance every act or
+ purpose of resistance to its laws. Above all, the emergency
+ appeals to the citizens of the States, and especially of
+ those contiguous to the Territory, neither by intervention of
+ nonresidents in elections nor by unauthorized military force
+ to attempt to encroach upon or usurp the authority of the
+ inhabitants of the Territory.
+ </p>
+ <p>
+ No citizen of our country should permit himself to forget
+ that he is a part of its Government and entitled to be heard
+ in the determination of its policy and its measures, and that
+ therefore the highest considerations of personal honor and
+ patriotism require him to maintain by whatever of power or
+ influence he may possess the integrity of the laws of the
+ Republic.
+ </p>
+ <p>
+ Entertaining these views, it will be my imperative duty to
+ exert the whole power of the Federal Executive to support
+ public order in the Territory; to vindicate its laws, whether
+ Federal or local, against all attempts of organized
+ resistance, and so to protect its people in the establishment
+ of their own institutions, undisturbed by encroachment from
+ without, and in the full enjoyment of the rights of
+ self-government assured to them by the Constitution and the
+ organic act of Congress.
+ </p>
+ <p>
+ Although serious and threatening disturbances in the
+ Territory of Kansas, announced to me by the governor in
+ December last, were speedily quieted without the effusion of
+ blood and in a satisfactory manner, there is, I regret to
+ say, reason to apprehend that disorders will continue to
+ occur there, with increasing tendency to violence, until some
+ decisive measure be taken to dispose of the question itself
+ which constitutes the inducement or occasion of internal
+ agitation and of external interference.
+ </p>
+ <p>
+ This, it seems to me, can best be accomplished by providing
+ that when the inhabitants of Kansas may desire it and shall
+ be of sufficient number to constitute a State, a convention
+ of delegates, duly elected by the qualified voters, shall
+ assemble to frame a constitution, and thus to prepare through
+ regular and lawful means for its admission into the Union as
+ a State.
+ </p>
+ <p>
+ I respectfully recommend the enactment of a law to that
+ effect.
+ </p>
+ <p>
+ I recommend also that a special appropriation be made to
+ defray any expense which may become requisite in the
+ execution of the laws or the maintenance of public order in
+ the Territory of Kansas.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 25, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ By the inclosed letter of the Secretary of the Treasury it
+ appears that $24,233 belonging to the Chickasaw Indians
+ should be invested in stocks of the United States, by and
+ with the advice and consent of the Senate. I therefore
+ recommend that the necessary authority be given for that
+ purpose.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 28, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State, in
+ answer to the resolution of the Senate of the 10th of
+ January, calling for the correspondence between the Secretary
+ of State and Edward Worrell while the latter was acting as
+ consul at Matanzas in relation to the estates of deceased
+ American citizens on the island of Cuba.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate</i>:
+ </p>
+ <p>
+ I transmit herewith a copy of the "proceedings of the
+ court-martial in the case of Colonel Montgomery, of the
+ United States Army," as requested by the resolution of the
+ Senate of the 7th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 5, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In further compliance with the Senate's resolution adopted in
+ executive session on the 15th January last, in respect to the
+ correspondence relating to the estates of deceased American
+ citizens on the island of Cuba, I transmit a report from the
+ Secretary of State, with the papers which accompanied it.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 14, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, in answer to
+ the resolution of the Senate of the 17th ultimo, requesting
+ transcripts of certain correspondence and other papers
+ touching the Republics of Nicaragua and Costa Rica, the
+ Mosquito Indians, and the convention between the United
+ States and Great Britain of April 19, 1850.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 18, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 4th
+ instant, requesting transcripts of certain papers relative to
+ the affairs of the Territory of Kansas, I transmit a report
+ from the Secretary of State and the documents which
+ accompanied it.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 21, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith a report of the Secretary of War and
+ accompanying documents, also of the Secretary of the Navy and
+ accompanying documents, in answer to a resolution of the
+ Senate passed the 11th February, "that the President of the
+ United States be requested to communicate to the Senate
+ copies of all the correspondence between the different
+ Departments of the Government and the officers of the Army
+ and Navy (not heretofore communicated) on the Pacific Coast
+ touching the Indian disturbances in California, Oregon, and
+ Washington."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 25, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a copy of a letter of the 7th of March last from
+ the acting commissioner of the United States in China, and of
+ the regulations and notification which accompanied it, for
+ such revision thereof as Congress may deem expedient,
+ pursuant to the sixth section of the act approved 11th
+ August, 1848.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 25, 1856</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, a treaty made and concluded on the 17th
+ October, 1855, by and between A. Cumming and Isaac I.
+ Stevens, commissioners on the part of the United States, and
+ the Blackfeet and other tribes of Indians on the Upper
+ Missouri and Yellowstone rivers.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 26, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I herewith transmit and recommend to the favorable
+ consideration of Congress a communication from the Secretary
+ of War, asking a special appropriation of $3,000,000 to
+ prepare armaments and ammunition for the fortifications, to
+ increase the supply of improved small arms, and to apply
+ recent improvements to arms of old patterns belonging to the
+ United States and the several States.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 27, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In answer to the resolution of the Senate of the 25th
+ instant, I transmit reports<a href="#note-52">52</a> from the
+ Secretary of State and the Attorney-General, to whom the
+ resolution was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-53">53</a> in answer to
+ the resolution of the Senate of yesterday.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 4, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report on the commercial relations of the United
+ States with all foreign nations, in answer to the resolution
+ of the House of Representatives of December 14, 1853.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March, 4, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith communicate to the Senate, for its constitutional
+ action thereon, two treaties recently negotiated by Francis
+ Huebochmann, the superintendent of Indian affairs for the
+ northern superintendency, one with the Menominee Indians and
+ the other with the Stockbridge and Munsee Indians, and more
+ particularly referred to in the accompanying communications
+ of the Secretary of the Interior of this date.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 5, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 21st
+ ultimo, I transmit herewith a report from the Secretary of
+ the Interior, with accompanying papers.<a href=
+ "#note-54">54</a>
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE, <i>March 5, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I present herewith a communication from the Secretary of the
+ Interior, in relation to Indian disturbances in the
+ Territories of Oregon and Washington, and recommending an
+ immediate appropriation of $300,000. I commend this subject
+ to your early consideration.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 5, 1856</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,
+ requesting information in regard to the site selected for the
+ building to be used for the preservation of the ordnance,
+ arms, etc., of the United States, under the act approved
+ March 3, 1855, I transmit a letter from the Secretary of War,
+ with an accompanying report of the Chief of Ordnance,
+ containing the information.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 10, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 21st
+ ultimo, requesting the President of the United States to
+ "communicate to the Senate any correspondence which may have
+ taken place between the Illinois Central Railroad Company and
+ any of the Departments of the Government," etc., I transmit
+ herewith communications from the Secretary of the Treasury
+ and from the Postmaster-General, together with the
+ accompanying papers.<a href="#note-55">55</a>
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 14, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I herewith communicate to the House of Representatives, in
+ compliance with their resolution of the 28th ultimo, a report
+ from the Secretary of the Interior, containing such
+ information as is in possession of his Department touching
+ the cause of the difficulties existing between the Creek and
+ Seminole Indians since their emigration west of the
+ Mississippi River.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I herewith transmit to the House of Representatives a report
+ of the Secretary of War, with copies prepared in compliance
+ with a resolution of the House of the 28th ultimo, requesting
+ "copies of all correspondence, documents, and papers in
+ relation to the compensation and emoluments of Brevet
+ Lieutenant-General Scott under the joint resolution of
+ Congress approved February 15, 1855."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ MARCH 17, 1856.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 17, 1856</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, on the subject of correspondence between
+ this Government and that of Great Britain touching the
+ Clayton and Bulwer convention, I transmit a report from the
+ Secretary of State, to whom the resolution was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 17, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit to Congress the copy of a correspondence which has
+ recently taken place between Her Britannic Majesty's minister
+ accredited to this Government and the Secretary of State, in
+ order that the expediency of sanctioning the acceptance by
+ the officers of the United States who were in the American
+ expedition in search of Sir John Franklin of such token of
+ thankfulness as may be offered to them on the part of Her
+ Majesty's Government for their services on the occasion
+ referred to may be taken into consideration.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 20, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 26th
+ ultimo, I herewith communicate "a copy of the report, with
+ the maps, of an exploration of the Big Witchitaw and the head
+ waters of the Brazos rivers, made by Captain R.B. Marcy, of
+ the United States Army, while engaged in locating lands for
+ the Indians of Texas in the year 1854."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 24, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In answer to the resolution of the House of Representatives
+ of the 18th of last month, requesting the transmission of
+ documents touching the affairs of the Territory of Kansas, I
+ transmit a report from the Secretary of State, to whom the
+ resolution was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, March 24, 1856</i>.
+ </p>
+ <p>
+ Hon. NATHANIEL P. BANKS,<br>
+ <i>Speaker of the House of Representatives</i>:
+ </p>
+ <p>
+ I herewith transmit to the House of Representatives, in
+ obedience to their resolution of the 17th instant, a
+ communication from the Secretary of the Interior, accompanied
+ by a copy of the report of Superintendent Cumming in regard
+ to his late expedition among the tribes of Indians on the
+ Upper Missouri.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 1, 1856</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 Grand Duchy of Baden for the mutual surrender of fugitive
+ criminals, concluded at Berlin on the 10th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 3, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In answer to the resolution of the Senate of the 27th ultimo,
+ requesting additional documents relating to the condition of
+ affairs in Kansas Territory, I transmit a report from the
+ Secretary of State, to whom the resolution was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 9, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ In execution of an act of Congress entitled "An act to
+ provide for the accommodation of the courts of the United
+ States for the district of Maryland and for a post-office at
+ Baltimore city, Md.," approved February 17, 1855, I
+ communicate herewith, for the consideration of Congress,
+ copies of conditional contracts which I have caused to be
+ executed for two sites, with buildings thereon, together with
+ plans and estimates for fitting up and furnishing the same.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 9, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of State,
+ with accompanying document,<a href="#note-56">56</a> in
+ compliance with the resolution of the House of
+ Representatives of the 4th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 10th, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report of the Secretary of the
+ Interior, with accompanying documents, in compliance with a
+ resolution of the Senate of the 6th ultimo. The documents, it
+ is believed, contain all the information in the Executive
+ Departments upon the subject<a href="#note-57">57</a> to
+ which the resolution refers.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith a letter from the
+ Secretary of the Interior and a copy of a conditional
+ contract entered into, under instructions from that
+ Department, for the purchase of a lot and the building
+ thereon, for the use of the United States courts at
+ Philadelphia, in the State of Pennsylvania, and recommend
+ that an appropriation of $78,000 be made to complete the
+ same.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 14, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith the report of the Secretary of War, with
+ the accompanying documents, in answer to the resolution of
+ the Senate of the 7th instant, respecting "the steps pursued
+ in execution of the clause of the act making appropriations
+ for the civil and diplomatic expenses of the Government,
+ approved March 3, 1855, which provides for the construction
+ of an armory for the District of Columbia."
+ </p>
+ <p>
+ The selection of the site was made after a full hearing of
+ the parties interested and a personal examination by myself
+ of all the sites suggested as suitable for the purpose.
+ </p>
+ <p>
+ It will be perceived upon an examination of the accompanying
+ documents that although two additional purposes were added by
+ Congress after the estimate of the War Department was made,
+ and the expense of the structure consequently increased,
+ still by the terms of my indorsement on the report of the
+ colonel of ordnance fixing the site, the size and arrangement
+ of the building were to be such that it could be
+ <i>completed</i> without exceeding the appropriation of
+ $30,000, and that this requirement has been strictly adhered
+ to in every stage of the proceedings.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 14, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith the report of the Secretary of State,
+ with the accompanying documents, in answer to the resolution
+ of the Senate of the 20th ultimo, respecting the adjustment
+ of the boundary line and the payment of the three millions
+ under the treaty with Mexico of the 30th June [December],
+ 1853.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 17, 1856</i>.
+ </p>
+ <p>
+ The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+ </p>
+ <p>
+ I transmit herewith reports of the Secretaries of the War and
+ Interior Departments, in response to the resolution of the
+ House of Representatives of the 31st ultimo, calling for
+ information in relation to the origin, progress, and present
+ condition of Indian hostilities in the Territories of Oregon
+ and Washington, and also of the means which have been adopted
+ to preserve peace and protect the inhabitants of said
+ Territories.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith the report of the Secretary of State,
+ with the accompanying documents, in answer to the resolution
+ of the Senate of the 24th February, 1855, in relation to the
+ settlement of the controversy respecting the Lobos Islands.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>April 30, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith to the House of Representatives a
+ report<a href="#note-58">58</a> from the Secretary of State,
+ in answer to their resolution of the 7th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 3, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I communicate herewith a letter of the Postmaster-General,
+ with accompanying correspondence, in relation to mail
+ transportation between our Atlantic and Pacific possessions,
+ and earnestly commend the subject to the early consideration
+ of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 3, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith a letter from the Secretary of War,
+ with accompanying papers, in response to a resolution of the
+ Senate of the 21st ultimo, upon the subject of damages which
+ will be "incurred by the United States in case of the repeal
+ of so much of the act of March 3, 1855, as provides for the
+ construction of an armory in the District of Columbia," and
+ also a further answer from the Secretary of War to the
+ resolution of the Senate of the 7th ultimo, requesting a full
+ report of the steps pursued in execution of the clause of the
+ act making appropriations for the civil and diplomatic
+ expenses of the Government, approved March 2, 1855, which
+ provides for the construction of the armory in this District
+ before referred to.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 15, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith reports of the Secretary of State, the
+ Secretary of the Navy, and the Attorney-General, in reply to
+ a resolution of the Senate of the 24th of March last, and
+ also to a resolution of the House of Representatives of the
+ 8th of May instant, both having reference to the routes of
+ transit between the Atlantic and Pacific oceans through the
+ Republics of New Granada and Nicaragua and to the condition
+ of affairs in Central America.
+ </p>
+ <p>
+ These documents relate to questions of the highest importance
+ and interest to the people of the United States.
+ </p>
+ <p>
+ The narrow isthmus which connects the continents of North and
+ South America, by the facilities it affords for easy transit
+ between the Atlantic and Pacific oceans, rendered the
+ countries of Central America an object of special
+ consideration to all maritime nations, which has been greatly
+ augmented in modern times by the operation of changes in
+ commercial relations, especially those produced by the
+ general use of steam as a motive power by land and sea. To
+ us, on account of its geographical position and of our
+ political interest as an American State of primary magnitude,
+ that isthmus is of peculiar importance, just as the Isthmus
+ of Suez is, for corresponding reasons, to the maritime powers
+ of Europe. But above all, the importance to the United States
+ of securing free transit across the American isthmus has
+ rendered it of paramount interest to us since the settlement
+ of the Territories of Oregon and Washington and the accession
+ of California to the Union.
+ </p>
+ <p>
+ Impelled by these considerations, the United States took
+ steps at an early day to assure suitable means of commercial
+ transit by canal railway, or otherwise across this isthmus.
+ </p>
+ <p>
+ We concluded, in the first place, a treaty of peace, amity,
+ navigation, and commerce with the Republic of New Granada,
+ among the conditions of which was a stipulation on the part
+ of New Granada guaranteeing to the United States the right of
+ way or transit across that part of the Isthmus which lies in
+ the territory of New Granada, in consideration of which the
+ United States guaranteed in respect of the same territory the
+ rights of sovereignty and property of New Granada.
+ </p>
+ <p>
+ The effect of this treaty was to afford to the people of the
+ United States facilities for at once opening a common road
+ from Chagres to Panama and for at length constructing a
+ railway in the same direction, to connect regularly with
+ steamships, for the transportation of mails, specie, and
+ passengers to and fro between the Atlantic and Pacific States
+ and Territories of the United States.
+ </p>
+ <p>
+ The United States also endeavored, but unsuccessfully, to
+ obtain from the Mexican Republic the cession of the right of
+ way at the northern extremity of the Isthmus by Tehuantepec,
+ and that line of communication continues to be an object of
+ solicitude to the people of this Republic.
+ </p>
+ <p>
+ In the meantime, intervening between the Republic of New
+ Granada and the Mexican Republic lie the States of Guatemala,
+ Salvador, Honduras, Nicaragua, and Costa Rica, the several
+ members of the former Republic of Central America. Here, in
+ the territory of the Central American States, is the
+ narrowest part of the Isthmus, and hither, of course, public
+ attention has been directed as the most inviting field for
+ enterprises of interoceanic communication between the
+ opposite shores of America, and more especially to the
+ territory of the States of Nicaragua and Honduras.
+ </p>
+ <p>
+ Paramount to that of any European State, as was the interest
+ of the United States in the security and freedom of projected
+ lines of travel across the Isthmus by the way of Nicaragua
+ and Honduras, still we did not yield in this respect to any
+ suggestions of territorial aggrandizement, or even of
+ exclusive advantage, either of communication or of commerce.
+ Opportunities had not been wanting to the United States to
+ procure such advantage by peaceful means and with full and
+ free assent of those who alone had any legitimate authority
+ in the matter. We disregarded those opportunities from
+ considerations alike of domestic and foreign policy, just as,
+ even to the present day, we have persevered in a system of
+ justice and respect for the rights and interests of others as
+ well as our own in regard to each and all of the States of
+ Central America.
+ </p>
+ <p>
+ It was with surprise and regret, therefore, that the United
+ States learned a few days after the conclusion of the treaty
+ of Guadalupe Hidalgo, by which the United States became, with
+ the consent of the Mexican Republic, the rightful owners of
+ California, and thus invested with augmented special interest
+ in the political condition of Central America, that a
+ military expedition, under the authority of the British
+ Government, had landed at San Juan del Norte, in the State of
+ Nicaragua, and taken forcible possession of that port, the
+ necessary terminus of any canal or railway across the Isthmus
+ within the territories of Nicaragua.
+ </p>
+ <p>
+ It did not diminish the unwelcomeness to us of this act on
+ the part of Great Britain to find that she assumed to justify
+ it on the ground of an alleged protectorship of a small and
+ obscure band of uncivilized Indians, whose proper name had
+ even become lost to history, who did not constitute a state
+ capable of territorial sovereignty either in fact or of
+ right, and all political interest in whom and in the
+ territory they occupied Great Britain had previously
+ renounced by successive treaties with Spain when Spain was
+ sovereign to the country and subsequently with independent
+ Spanish America.
+ </p>
+ <p>
+ Nevertheless, and injuriously affected as the United States
+ conceived themselves to have been by this act of the British
+ Government and by its occupation about the same time of
+ insular and of continental portions of the territory of the
+ State of Honduras, we remembered the many and powerful ties
+ and mutual interests by which Great Britain and the United
+ States are associated, and we proceeded in earnest good faith
+ and with a sincere desire to do whatever might strengthen the
+ bonds of peace between us to negotiate with Great Britain a
+ convention to assure the perfect neutrality of all
+ interoceanic communications across the Isthmus and, as the
+ indispensable condition of such neutrality, the absolute
+ independence of the States of Central America and their
+ complete sovereignty within the limits of their own territory
+ as well against Great Britain as against the United States.
+ We supposed we had accomplished that object by the convention
+ of April 19, 1850, which would never have been signed nor
+ ratified on the part of the United States but for the
+ conviction that in virtue of its provisions neither Great
+ Britain nor the United States was thereafter to exercise any
+ territorial sovereignty in fact or in name in any part of
+ Central America, however or whensoever acquired, either
+ before or afterwards. The essential object of the
+ convention&mdash;the neutralization of the
+ Isthmus&mdash;would, of course, become a nullity if either
+ Great Britain or the United States were to continue to hold
+ exclusively islands or mainland of the Isthmus, and more
+ especially if, under any claim of protectorship of Indians,
+ either Government were to remain forever sovereign in fact of
+ the Atlantic shores of the three States of Costa Rica,
+ Nicaragua, and Honduras.
+ </p>
+ <p>
+ I have already communicated to the two Houses of Congress
+ full information of the protracted and hitherto fruitless
+ efforts which the United States have made to arrange this
+ international question with Great Britain. It is referred to
+ on the present occasion only because of its intimate
+ connection with the special object now to be brought to the
+ attention of Congress.
+ </p>
+ <p>
+ The unsettled political condition of some of the Spanish
+ American Republics has never ceased to be regarded by this
+ Government with solicitude and regret on their own account,
+ while it has been the source of continual embarrassment in
+ our public and private relations with them. In the midst of
+ the violent revolutions and the wars by which they are
+ continually agitated, their public authorities are unable to
+ afford due protection to foreigners and to foreign interests
+ within their territory, or even to defend their own soil
+ against individual aggressors, foreign or domestic, the
+ burden of the inconveniences and losses of which therefore
+ devolves in no inconsiderable degree upon the foreign states
+ associated with them in close relations of geographical
+ vicinity or of commercial intercourse.
+ </p>
+ <p>
+ Such is more emphatically the situation of the United States
+ with respect to the Republics of Mexico and of Central
+ America. Notwithstanding, however, the relative remoteness of
+ the European States from America, facts of the same order
+ have not failed to appear conspicuously in their intercourse
+ with Spanish American Republics. Great Britain has repeatedly
+ been constrained to recur to measures of force for the
+ protection of British interests in those countries. France
+ found it necessary to attack the castle of San Juan de Uloa
+ and even to debark troops at Vera Cruz in order to obtain
+ redress of wrongs done to Frenchmen in Mexico.
+ </p>
+ <p>
+ What is memorable in this respect in the conduct and policy
+ of the United States is that while it would be as easy for us
+ to annex and absorb new territories in America as it is for
+ European States to do this in Asia or Africa, and while if
+ done by us it might be justified as well on the alleged
+ ground of the advantage which would accrue therefrom to the
+ territories annexed and absorbed, yet we have abstained from
+ doing it, in obedience to considerations of right not less
+ than of policy; and that while the courageous and
+ self-reliant spirit of our people prompts them to hardy
+ enterprises, and they occasionally yield to the temptation of
+ taking part in the troubles of countries near at hand, where
+ they know how potential their influence, moral and material,
+ must be, the American Government has uniformly and steadily
+ resisted all attempts of individuals in the United States to
+ undertake armed aggression against friendly Spanish American
+ Republics.
+ </p>
+ <p>
+ While the present incumbent of the executive office has been
+ in discharge of its duties he has never failed to exert all
+ the authority in him vested to repress such enterprises,
+ because they are in violation of the law of the land, which
+ the Constitution requires him to execute faithfully; because
+ they are contrary to the policy of the Government, and
+ because to permit them would be a departure from good faith
+ toward those American Republics in amity with us, which are
+ entitled to, and will never cease to enjoy, in their
+ calamities the cordial sympathy, and in their prosperity the
+ efficient good will, of the Government and of the people of
+ the United States.
+ </p>
+ <p>
+ To say that our laws in this respect are sometimes violated
+ or successfully evaded is only to say what is true of all
+ laws in all countries, but not more so in the United States
+ than in any one whatever of the countries of Europe. Suffice
+ it to repeat that the laws of the United States prohibiting
+ all foreign military enlistments or expeditions within our
+ territory have been executed with impartial good faith, and,
+ so far as the nature of things permits, as well in repression
+ of private persons as of the official agents of other
+ Governments, both of Europe and America.
+ </p>
+ <p>
+ Among the Central American Republics to which modern events
+ have imparted most prominence is that of Nicaragua, by reason
+ of its particular position on the Isthmus. Citizens of the
+ United States have established in its territory a regular
+ interoceanic transit route, second only in utility and value
+ to the one previously established in the territory of New
+ Granada. The condition of Nicaragua would, it is believed,
+ have been much more prosperous than it has been but for the
+ occupation of its only Atlantic port by a foreign power, and
+ of the disturbing authority set up and sustained by the same
+ power in a portion of its territory, by means of which its
+ domestic sovereignty was impaired, its public lands were
+ withheld from settlement, and it was deprived of all the
+ maritime revenue which it would otherwise collect on imported
+ merchandise at San Juan del Norte.
+ </p>
+ <p>
+ In these circumstances of the political debility of the
+ Republic of Nicaragua, and when its inhabitants were
+ exhausted by long-continued civil war between parties neither
+ of them strong enough to overcome the other or permanently
+ maintain internal tranquillity, one of the contending
+ factions of the Republic invited the assistance and
+ cooperation of a small body of citizens of the United States
+ from the State of California, whose presence, as it appears,
+ put an end at once to civil war and restored apparent order
+ throughout the territory of Nicaragua, with a new
+ administration, having at its head a distinguished
+ individual, by birth a citizen of the Republic, D. Patricio
+ Rivas, as its provisional President.
+ </p>
+ <p>
+ It is the established policy of the United States to
+ recognize all governments without question of their source or
+ their organization, or of the means by which the governing
+ persons attain their power, provided there be a government
+ <i>de facto</i> accepted by the people of the country, and
+ with reserve only of the time as to the recognition of
+ revolutionary governments arising out of the subdivision of
+ parent states with which we are in relations of amity. We do
+ not go behind the fact of a foreign government exercising
+ actual power to investigate questions of legitimacy; we do
+ not inquire into the causes which may have led to a change of
+ government. To us it is indifferent whether a successful
+ revolution has been aided by foreign intervention or not;
+ whether insurrection has overthrown existing government, and
+ another has been established in its place according to
+ preexisting forms or in a manner adopted for the occasion by
+ those whom we may find in the actual possession of power. All
+ these matters we leave to the people and public authorities
+ of the particular country to determine; and their
+ determination, whether it be by positive action or by
+ ascertained acquiescence, is to us a sufficient warranty of
+ the legitimacy of the new government.
+ </p>
+ <p>
+ During the sixty-seven years which have elapsed since the
+ establishment of the existing Government of the United
+ States, in all which time this Union has maintained
+ undisturbed domestic tranquillity, we have had occasion to
+ recognize governments <i>de facto</i>, founded either by
+ domestic revolution or by military invasion from abroad, in
+ many of the Governments of Europe.
+ </p>
+ <p>
+ It is the more imperatively necessary to apply this rule to
+ the Spanish American Republics, in consideration of the
+ frequent and not seldom anomalous changes of organization or
+ administration which they undergo and the revolutionary
+ nature of most of these changes, of which the recent series
+ of revolutions in the Mexican Republic is an example, where
+ five successive revolutionary governments have made their
+ appearance in the course of a few months and been recognized
+ successively, each as the political power of that country, by
+ the United States.
+ </p>
+ <p>
+ When, therefore, some time since, a new minister from the
+ Republic of Nicaragua presented himself, bearing the
+ commission of President Rivas, he must and would have been
+ received as such, unless he was found on inquiry subject to
+ personal exception, but for the absence of satisfactory
+ information upon the question whether President Rivas was
+ <i>in fact</i> the head of an established Government of the
+ Republic of Nicaragua, doubt as to which arose not only from
+ the circumstances of his avowed association with armed
+ emigrants recently from the United States, but that the
+ proposed minister himself was of that class of persons, and
+ not otherwise or previously a citizen of Nicaragua.
+ </p>
+ <p>
+ Another minister from the Republic of Nicaragua has now
+ presented himself, and has been received as such,
+ satisfactory evidence appearing that he represents the
+ Government <i>de facto</i> and, so far as such exists, the
+ Government <i>de jure</i> of that Republic.
+ </p>
+ <p>
+ That reception, while in accordance with the established
+ policy of the United States, was likewise called for by the
+ most imperative special exigencies, which require that this
+ Government shall enter at once into diplomatic relations with
+ that of Nicaragua. In the first place, a difference has
+ occurred between the Government of President Rivas and the
+ Nicaragua Transit Company, which involves the necessity of
+ inquiry into rights of citizens of the United States, who
+ allege that they have been aggrieved by the acts of the
+ former and claim protection and redress at the hands of their
+ Government. In the second place, the interoceanic
+ communication by the way of Nicaragua is effectually
+ interrupted, and the persons and property of unoffending
+ private citizens of the United States in that country require
+ the attention of their Government. Neither of these objects
+ can receive due consideration without resumption of
+ diplomatic intercourse with the Government of Nicaragua.
+ </p>
+ <p>
+ Further than this, the documents communicated show that while
+ the interoceanic transit by the way of Nicaragua is cut off,
+ disturbances at Panama have occurred to obstruct, temporarily
+ at least, that by the way of New Granada, involving the
+ sacrifice of the lives and property of citizens of the United
+ States. A special commissioner has been dispatched to Panama
+ to investigate the facts of this occurrence with a view
+ particularly to the redress of parties aggrieved. But
+ measures of another class will be demanded for the future
+ security of interoceanic communication by this as by the
+ other routes of the Isthmus.
+ </p>
+ <p>
+ It would be difficult to suggest a single object of interest,
+ external or internal, more important to the United States
+ than the maintenance of the communication, by land and sea,
+ between the Atlantic and Pacific States and Territories of
+ the Union It is a material element of the national integrity
+ and sovereignty.
+ </p>
+ <p>
+ I have adopted such precautionary measures and have taken
+ such action for the purpose of affording security to the
+ several transit routes of Central America and to the persons
+ and property of citizens of the United States connected with
+ or using the same as are within my constitutional power and
+ as existing circumstances have seemed to demand. Should these
+ measures prove inadequate to the object, that fact will be
+ communicated to Congress with such recommendations as the
+ exigency of the case may indicate.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, May 16, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I communicate to Congress a report from the Secretary of the
+ Interior, containing estimates of appropriations required in
+ the fulfillment of treaty stipulations with certain Indian
+ tribes, and recommend that the appropriations asked for be
+ made in the manner therein suggested.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 19, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the House of
+ Representatives of the 7th ultimo, requesting the President
+ "to communicate what information he may possess in regard to
+ citizens of the United States being engaged in the slave
+ trade, or in the transportation in American ships of coolies
+ from China to Cuba and other countries with the intention of
+ placing or continuing them in a state of slavery or
+ servitude, and whether such traffic is not, in his opinion, a
+ violation of the spirit of existing treaties, rendering those
+ engaged in it liable to indictment for piracy; and especially
+ that he be requested to communicate to this House the facts
+ and circumstances attending the shipment from China of some
+ 500 coolies in the ship <i>Sea Witch</i>, of the city of New
+ York, lately wrecked on the coast of Cuba," I transmit the
+ accompanying report of the Secretary of State.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 20, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a copy of and extracts from dispatches of the late
+ minister of the United States at London, and of his
+ correspondence with Lord Clarendon which accompanied them,
+ relative to the enlistment of soldiers for the British army
+ within the United States by agents of the Government of Great
+ Britain. These dispatches have been received since my message
+ to the Senate upon the subject of the 2th of February last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 22, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I communicate herewith a report from the Secretary of War, in
+ response to a resolution of the House of Representatives of
+ the 12th instant, requesting me to inform the House "whether
+ United States soldiers have been employed in the Territory of
+ Kansas to arrest persons charged with a violation of certain
+ supposed laws enacted by a supposed legislature assembled at
+ Shawnee Mission."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I have ceased to hold intercourse with the envoy
+ extraordinary and minister plenipotentiary of Her Majesty the
+ Queen of the United Kingdom of Great Britain and Ireland near
+ this Government.
+ </p>
+ <p>
+ In making communication of this fact it has been deemed by me
+ proper also to lay before Congress the considerations of
+ indispensable public duty which have led to the adoption of a
+ measure of so much importance. They appear in the documents
+ herewith transmitted to both Houses.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In further answer to the resolution of the Senate of the 17th
+ of January last, requesting a copy of any official
+ correspondence not previously communicated touching the
+ construction and purport of the convention between the United
+ States and Great Britain of the 19th of April, 1850, I
+ transmit a copy of an instruction of the 24th instant from
+ the Secretary of State to the minister of the United States
+ at London.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 3, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I herewith communicate a letter of the 26th instant from the
+ Secretary of the Interior, and accompanying papers, relative
+ to the conflict of jurisdiction between the Federal and
+ Cherokee courts and the inadequacy of protection against the
+ intrusion of improper persons into the Cherokee country, and
+ recommend the subject to the consideration of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 3, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report<a href="#note-59">59</a> from the
+ Secretary of State, in answer to a resolution of the House of
+ Representatives of the 29th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 4, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In answer to the resolution of the House of Representatives
+ of the 8th of last month, requesting information in regard to
+ a contemplated imposition of additional duties on American
+ leaf tobacco by the Zollverein or Commercial Union of the
+ German States, I transmit a report from the Secretary of
+ State, to whom the resolution was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 13, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the House of
+ Representatives of the 18th of February last, requesting me
+ to communicate to the House "the report of Captain E.B.
+ Boutwell, and all the documents accompanying it, relative to
+ the operations of the United States sloop of war <i>John
+ Adams</i>, under his command, at the Fejee Islands in the
+ year 1855," I transmit herewith a report of the Secretary of
+ the Navy.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 18, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying documents,<a href="#note-60">60</a> in answer to
+ the resolution of the Senate of the 16th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 20, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate herewith a letter from the Secretary of the
+ Interior and accompanying papers, respecting the sum of
+ $16,024.80 now in the hands of the agent of the Choctaw
+ Indians, being a balance remaining from the sales of Choctaw
+ orphan reservations under the nineteenth article of the
+ treaty of 1830, and commend the subject to the favorable
+ consideration of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>June 23, 1856</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, and for
+ other purposes, concluded at The Hague on the 29th ultimo
+ between the United States and His Majesty the King of the
+ Netherlands.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 3, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives of the United States</i>:
+ </p>
+ <p>
+ In response to a resolution of the House of Representatives
+ of the 18th ultimo, requesting me to inform the House "what
+ measures, if any, have been taken to carry out the provisions
+ of a late act of Congress authorizing the President to
+ contract with Hiram Powers, the great American sculptor, now
+ in Italy, for some work of art for the new Capitol, and
+ appropriating $25,000 for that purpose," I transmit herewith
+ copies of three letters&mdash;one from Mr. Powers to Hon.
+ Edward Everett and two from myself to the same gentleman.
+ </p>
+ <p>
+ Since the date of my letter of July 24, 1855, I have
+ communicated with Mr. Everett upon the subject verbally and
+ in writing, and the final proposition on my part, resulting
+ therefrom, will be found in the accompanying extract of a
+ letter dated June 5, 1856.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 7 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 6th
+ ultimo, respecting the location of the District armory upon
+ the Mall in this city, I transmit the accompanying report
+ from the Secretary of War.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 7, 1856</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 between the United States
+ and Austria, signed in this city on the 3d instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 8, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I communicate herewith a report of the Secretary of War, in
+ reply to a resolution of the House of the 25th ultimo, "on
+ the subject of Indian hostilities in Oregon and Washington
+ Territories."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 11, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In reply to a resolution of the Senate of May 23, requesting
+ a "detailed statement of the sums which have been paid to
+ newspapers published in Washington for advertisements or
+ other printing published or executed under the orders or by
+ authority of the several Departments since the 4th day of
+ March, 1853," I communicate herewith reports from the several
+ Departments.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 15, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a copy of a letter of November 27, 1854, from the
+ commissioner of the United States in China, and of the
+ regulations, orders, and decrees which accompanied it, for
+ such revision thereof as Congress may deem expedient,
+ pursuant to the sixth section of the act approved August 11,
+ 1848.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, July 21, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith a letter from the
+ Postmaster-General and a copy of a conditional contract
+ entered into under instructions from me for the purchase of a
+ lot and building thereon for a post-office in the city of
+ Philadelphia, together with a copy of a report of Edward
+ Clark, architect of the Patent Office building, in relation
+ to the site and building selected, and recommend that an
+ appropriation of $250,000 be made to complete the purchase,
+ and also an appropriation of $50,000 to make the required
+ alterations and furnish the necessary cases, boxes, etc., to
+ fit it up for a city post-office.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 22, 1856</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,
+ navigation, and extradition between the United States and the
+ Republic of Chili, signed at Santiago, in that Republic, on
+ the 27th of May last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 24, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I herewith present to Congress a copy of "minutes of a
+ council held at Fort Pierre, Nebraska Territory, on the 1st
+ day of March, 1856, by Brevet Brigadier-General William S.
+ Harney, United States Army, commanding the Sioux expedition,
+ with the delegations from nine of the bands of the Sioux;"
+ also copies of sundry papers upon the same subject.
+ </p>
+ <p>
+ Regarding the stipulations between General Harney and the
+ nine bands of the Sioux as just and desirable, both for the
+ United States and for the Indians, I respectfully recommend
+ an appropriation by Congress of the sum of $100,000 to enable
+ the Government to execute the stipulations entered into by
+ General Harney.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, a treaty made and concluded at
+ M&uacute;ckl-te-oh, or Point Elliott, by Isaac I. Stevens,
+ governor and superintendent of Indian affairs of Washington
+ Territory, on the part of the United States, and chiefs,
+ headmen, and delegates of the Dw&aacute;mish,
+ Suqu&aacute;mish, Sk-t&aacute;hl-mish, Sam-&aacute;hmish,
+ Smalh-kamish, Skope-&aacute;hmish, St-k&aacute;h-mish,
+ Snoqu&aacute;lmoo, Skai-wha-mish, N'Quentl-m&aacute;-mish,
+ Sk-t&aacute;h-le-jum, Stoluck-wh&aacute;-mish, Sno-ho-mish,
+ Sk&aacute;-git, Kik-i-&aacute;llus, Swin-&aacute;-mish,
+ Squin-ah-mish, Sah-ku-m&eacute;hu, Noo-wh&aacute;-h&aacute;,
+ Nook-wa-ch&aacute;h-mish, Mee-s&eacute;e-qua-guilch,
+ Cho-bah-&aacute;h-bish, and other allied and subordinate
+ tribes and bands of Indians in said Territory.
+ </p>
+ <p>
+ Also a treaty made and concluded at Hahd Skus, or Point no
+ Point, on the 26th day of January, 1855, by and between the
+ same commissioner on the part of the United States and the
+ chiefs, headmen, and delegates of the different villages of
+ the S'Klallams Indians in said Territory.
+ </p>
+ <p>
+ Also a treaty made and concluded at Neah Bay on the 31st day
+ of January, 1855, by and between the same commissioner on the
+ part of the United States and the chiefs, headmen, and
+ delegates of the same villages of the Makah tribe of Indians
+ in the said Territory.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, a treaty made and concluded by and between
+ Isaac I. Stevens, governor and superintendent of Indian
+ affairs of the Territory of Washington, on the part of the
+ United States, and the chiefs, headmen, and delegates of the
+ different tribes and bands of the Qui-nai-elt and
+ Quil-leh-ute Indians in Washington Territory.
+ </p>
+ <p>
+ Said treaty was made on the 1st of July, 1855, and 25th
+ January, 1856.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, a treaty made and concluded at the treaty
+ ground at Hell Gate, in the Bitter Root Valley, on the 16th
+ day of July, 1855, by and between Isaac I. Stevens, governor
+ and superintendent of Indian affairs for the Territory of
+ Washington, on the part of the United States, and the chiefs,
+ headmen, and delegates of the confederate tribes of the
+ Flathead, Koo-tenay, and Upper Pend d'Oreilles Indians, who
+ by the treaty are constituted a nation, under the name of the
+ Flat Head Nation.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, a treaty made and concluded at Wasco, near
+ the Dalles of the Columbia River, in Oregon Territory, by and
+ between Joel Palmer, superintendent of Indian affairs, on the
+ part of the United States, and the chiefs and headmen of the
+ confederated tribes and bands of Walla-Wallas and Was-coes
+ Indians residing in middle Oregon. Said treaty was made on
+ the 25th day of June, 1855.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, a treaty made and concluded on the 21st day
+ of December, 1855, by and between Joel Palmer, superintendent
+ of Indian affairs, on the part of the United States, and the
+ chiefs and headmen of the Mo-lal-la-las, or Molel, tribe of
+ Indians in Oregon Territory.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, a treaty made on the 9th of June, 1855, by
+ and between Isaac I. Stevens, governor and superintendent of
+ Indian affairs of the Territory of Washington, and Joel
+ Palmer, superintendent of Indian affairs of the Territory of
+ Oregon, on the part of the United States, and the chiefs,
+ headmen, and delegates of the Walla-Wallas, Cayuses, and
+ Umatilla tribes and bands of Indians, who for the purposes of
+ the treaty are to be regarded as one nation. Also a treaty
+ made on the 11th of June, 1855, by and between the same
+ commissioners on the part of the United States and the
+ chiefs, headmen, and delegates of the Nez Perc&eacute; tribe
+ of Indians.
+ </p>
+ <p>
+ The lands ceded by the treaties herewith lie partly in
+ Washington and partly in Oregon Territories.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the Senate, for its constitutional
+ action thereon, a treaty made and concluded at Camp Stevens,
+ Walla Walla Valley, on the 9th day of June, 1855, by and
+ between Isaac I. Stevens, governor of and superintendent of
+ Indian affairs for Washington Territory, on the part of the
+ United States, and the head chiefs, chiefs, headmen, and
+ delegates of the Yakama, Palouse, Pisquouse, Wenatshapam,
+ Klikatat, Klin-quit, Kow-was-say-ee, Li-ay-was, Skin-pah,
+ Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat
+ tribes and bands of Indians, who for the purposes of the
+ treaty are to be known as the "Yakama" Nation of Indians.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>July 30, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ By the sixteenth article of the treaty of 4th March, 1853,
+ between the United States and the Republic of Paraguay, as
+ amended by a resolution of the Senate of the 1st May, 1854,
+ it was provided that the exchange of the ratifications of
+ that instrument should be effected within twenty-four months
+ of its date; that is, on or before the 4th March, 1855.
+ </p>
+ <p>
+ From circumstances, however, over which the Government of the
+ United States had no control, but which are not supposed to
+ indicate any indisposition on the part of the Paraguayan
+ Government to consummate the final formalities necessary to
+ give full force and validity to the treaty, the exchange of
+ ratifications has not yet been effected.
+ </p>
+ <p>
+ A similar condition exists in regard to the treaty between
+ the United States and the Oriental Republic of Uruguay of the
+ 28th August, 1852. The Senate, by a resolution of 13th June,
+ 1854, extended the time within which the ratifications of
+ that treaty might be exchanged to thirty months from its
+ date. That limit, however, has expired, and the exchange has
+ not been effected.
+ </p>
+ <p>
+ I deem it expedient to direct a renewal of negotiations with
+ the Governments referred to, with a view to secure the
+ exchange of the ratifications of these important conventions.
+ But as the limit prescribed by the Senate in both cases has
+ passed by, it is necessary that authority be conferred on the
+ Executive for that purpose.
+ </p>
+ <p>
+ I consequently recommend that the Senate sanction an exchange
+ of the ratifications of the treaties above mentioned at any
+ time which may be deemed expedient by the President within
+ three years from the date of the resolution to that effect.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 1, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives of the United
+ States</i>:
+ </p>
+ <p>
+ I communicate to Congress herewith the report of Major W.H.
+ Emory, United States commissioner, on the survey of the
+ boundary between the United States and the Republic of
+ Mexico, referred to in the accompanying letter of this date
+ from the Secretary of the Interior.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, August 4, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives of the United States</i>:
+ </p>
+ <p>
+ I herewith lay before the House of Representatives a report
+ of the Secretary of War, in reply to a resolution of the
+ House requesting "information in regard to the construction
+ of the Capitol and Post-Office extensions."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>August 4, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith a report of the Secretary of War, in
+ response to a resolution of the Senate calling for
+ information in relation to instructions "issued to any
+ military officer in command in Kansas to disperse any unarmed
+ meeting of the people of that Territory, or to prevent by
+ military power any assemblage of the people of that
+ Territory."
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 4, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In answer to the resolution of the Senate of the 1st instant,
+ requesting a copy of papers touching recent events in the
+ Territory of Washington, I transmit a report from the
+ Secretary of State and the documents by which it was
+ accompanied.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, August 6, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 28th
+ ultimo, requesting the President to inform the Senate in
+ relation to any application "by the governor of the State of
+ California to maintain the laws and peace of the said State
+ against the usurped authority of an organization calling
+ itself the committee of vigilance in the city and county of
+ San Francisco," and also "to lay before the Senate whatever
+ information he may have in respect to the proceedings of the
+ said committee of vigilance," I transmit the accompanying
+ reports from the Secretary of State and the Secretary of the
+ Navy.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 8, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I herewith submit to the Senate, for its constitutional
+ action thereon, a treaty negotiated with the Creek and
+ Seminole Indians, together with the accompanying papers.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 9, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ With a message of the 23d of June last I transmitted, for the
+ consideration of the Senate, a convention for the mutual
+ delivery of criminals fugitives from justice in certain
+ cases, and for other purposes, concluded at The Hague on the
+ 29th of May last between the United States and His Majesty
+ the King of the Netherlands. Deeming it advisable to withdraw
+ that instrument from the consideration of the Senate, I
+ request that it may be returned to me.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </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 amity, commerce, and navigation,
+ and for the surrender of fugitive criminals, between the
+ United States and the Republic of Venezuela, signed at
+ Caracas on the 10th of July last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ AUGUST 9, 1856.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 11, 1856</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
+ March, 1855, requesting information relative to the
+ proceedings of the commissioners for the adjustment of claims
+ under the convention with Great Britain of the 8th of
+ February, 1853, I transmit a report from the Secretary of
+ State, to whom the resolution was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 11, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report of the Secretary of War, in
+ reply to a resolution of the House of Representatives of May
+ 26, 1856, in relation to the Capitol and Post-Office
+ extensions.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 12, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-61">61</a> in answer to
+ the resolution of the Senate of yesterday.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 12, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 7th
+ instant, in relation to the refusal of the Government of
+ Honduras to receive a commercial agent from this country, I
+ transmit a report from the Secretary of State and the
+ documents which accompanied it.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 13, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a communication from the Secretary of
+ War, inclosing a report of Captain M.C. Meigs, stating that
+ the sum of $750,000 will be necessary for the prosecution of
+ the Capitol extension until the close of the next session of
+ Congress, and recommend that that amount may be appropriated.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 15, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In answer to the resolution of the House of Representatives
+ of the 4th instant, requesting a copy of letters and papers
+ touching the pardons or remission of the imprisonment of
+ Daniel Drayton and Edward Sayres in August, 1852, I transmit
+ a report from the Secretary of State, to whom the resolution
+ was referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 15, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Secretary of War, in
+ relation to an error in a communication<a href=
+ "#note-62">62</a> of Captain Meigs.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 16, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 11th
+ instant, in relation to the public accounts of John C.
+ Fremont, I transmit the accompanying report from the
+ Secretary of the Treasury, to whom the resolution was
+ referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 16, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the House of
+ Representatives of the 17th April, 1856, requesting me to
+ have prepared and presented to the House of Representatives
+ "a statement showing the appropriations made by the
+ Thirty-first, Thirty-second, and Thirty-third Congresses,
+ distinguishing the appropriations made at each session of
+ each Congress, distinguishing also the appropriations made on
+ the recommendations of the President, heads of Departments,
+ or heads of bureaus from those that were made without such
+ recommendation, and showing what expenditures have been made
+ by the Government in each fiscal year, commencing with the
+ 1st day of July, 1850, and ending on the 30th day of June,
+ 1855; and also what, if any, defalcations have occurred from
+ the 30th day of June, 1850, to the 1st day of July, 1855, and
+ the amount of such defalcations severally, and such other
+ information as may be in his power bearing upon the matters
+ above mentioned," I submit the following reports from the
+ Secretaries of the Treasury, War, Navy, and Interior
+ Departments and the Postmaster-General.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ VETO MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>May 19, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I return herewith to the Senate, in which it originated, the
+ bill entitled "An act to remove obstructions to navigation in
+ the mouth of the Mississippi River at the Southwest Pass and
+ Pass &agrave; l'Outre," which proposes to appropriate a sum
+ of money, to be expended under the superintendence of the
+ Secretary of War, "for the opening and keeping open ship
+ channels of sufficient capacity to accommodate the wants of
+ commerce through the Southwest Pass and Pass &agrave;
+ l'Outre, leading from the Mississippi River to the Gulf of
+ Mexico."
+ </p>
+ <p>
+ In a communication addressed by me to the two Houses of
+ Congress on the 30th of December, 1854, my views were
+ exhibited in full on the subject of the relation of the
+ General Government to internal improvements. I set forth on
+ that occasion the constitutional impediments, which in my
+ mind are insuperable, to the prosecution of a system of
+ internal improvements by means of appropriations from the
+ Treasury of the United States, more especially the
+ consideration that the Constitution does not confer on the
+ General Government any express power to make such
+ appropriations, that they are not a necessary and proper
+ incident of any of the express powers, and that the
+ assumption of authority on the part of the Federal Government
+ to commence and carry on a general system of internal
+ improvements, while exceptionable for the want of
+ constitutional power, is in other respects prejudicial to the
+ several interests and inconsistent with the true relation to
+ one another of the Union and of the individual States.
+ </p>
+ <p>
+ These objections apply to the whole system of internal
+ improvements, whether such improvements consist of works on
+ land or in navigable waters, either of the seacoast or of the
+ interior lakes or rivers.
+ </p>
+ <p>
+ I have not been able, after the most careful reflection, to
+ regard the bill before me in any other light than as part of
+ a general system of internal improvements, and therefore feel
+ constrained to submit it, with these objections, to the
+ reconsideration of Congress.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 19, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I return herewith to the Senate, in which it originated, a
+ bill entitled "An act making an appropriation for deepening
+ the channel over the St. Clair flats, in the State of
+ Michigan," and submit it for reconsideration, because it is,
+ in my judgment, liable to the objections to the prosecution
+ of internal improvements by the General Government which have
+ already been presented by me in previous communications to
+ Congress.
+ </p>
+ <p>
+ In considering this bill under the restriction that the power
+ of Congress to construct a work of internal improvement is
+ limited to cases in which the work is manifestly needful and
+ proper for the execution of some one or more of the powers
+ expressly delegated to the General Government, I have not
+ been able to find for the proposed expenditure any such
+ relation, unless it be to the power to provide for the common
+ defense and to maintain an army and navy. But a careful
+ examination of the subject, with the aid of information
+ officially received since my last annual message was
+ communicated to Congress, has convinced me that the
+ expenditure of the sum proposed would serve no valuable
+ purpose as contributing to the common defense, because all
+ which could be effected by it would be to afford a channel of
+ 12 feet depth and of so temporary a character that unless the
+ work was done immediately before the necessity for its use
+ should arise it could not be relied on for the vessels of
+ even the small draft the passage of which it would permit.
+ </p>
+ <p>
+ Under existing circumstances, therefore, it can not be
+ considered as a necessary means for the common defense, and
+ is subject to those objections which apply to other works
+ designed to facilitate commerce and contribute to the
+ convenience and local prosperity of those more immediately
+ concerned&mdash;an object not to be constitutionally and
+ justly attained by the taxation of the people of the whole
+ country.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>May 22, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ Having considered the bill, which originated in the Senate,
+ entitled "An act making an appropriation for deepening the
+ channel over the flats of the St. Marys River, in the State
+ of Michigan," it is herewith returned without my approval.
+ </p>
+ <p>
+ The appropriation proposed by this bill is not, in my
+ judgment, a necessary means for the execution of any of the
+ expressly granted powers of the Federal Government. The work
+ contemplated belongs to a general class of improvements,
+ embracing roads, rivers, and canals, designed to afford
+ additional facilities for intercourse and for the transit of
+ commerce, and no reason has been suggested to my mind for
+ excepting it from the objections which apply to
+ appropriations by the General Government for deepening the
+ channels of rivers wherever shoals or other obstacles impede
+ their navigation, and thus obstruct communication and impose
+ restraints upon commerce within the States or between the
+ States or Territories of the Union. I therefore submit it to
+ the reconsideration of Congress, on account of the same
+ objections which have been presented in my previous
+ communications on the subject of internal improvements.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 11, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I return herewith to the House of Representatives, in which
+ it originated, a bill entitled "An act for continuing the
+ improvement of the Des Moines Rapids, in the Mississippi
+ River," and submit it for reconsideration, because it is, in
+ my judgment, liable to the objections to the prosecution of
+ internal improvements by the General Government set forth at
+ length in a communication addressed by me to the two Houses
+ of Congress on the 30th day of December, 1854, and in other
+ subsequent messages upon the same subject, to which on this
+ occasion I respectfully refer.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>August 14, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I return herewith to the Senate, in which it originated, a
+ bill entitled "An act for the improvement of the navigation
+ of the Patapsco River and to render the port of Baltimore
+ accessible to the war steamers of the United States," and
+ submit it for reconsideration, because it is, in my judgment,
+ liable to the objections to the prosecution of internal
+ improvements by the General Government set forth at length in
+ a communication addressed by me to the two Houses of Congress
+ on the 30th day of December, 1854, and other subsequent
+ messages upon the same subject, to which on this occasion I
+ respectfully refer.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ PROCLAMATIONS.
+ </h2>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas information has been received by me that sundry
+ persons, citizens of the United States and others resident
+ therein, are preparing, within the jurisdiction of the same,
+ to enlist, or enter themselves, or to hire or retain others
+ to participate in military operations within the State of
+ Nicaragua:
+ </p>
+ <p>
+ Now, therefore, I, Franklin Pierce, President of the United
+ States, do warn all persons against connecting themselves
+ with any such enterprise or undertaking, as being contrary to
+ their duty as good citizens and to the laws of their country
+ and threatening to the peace of the United States.
+ </p>
+ <p>
+ I do further admonish all persons who may depart from the
+ United States, either singly or in numbers, organized or
+ unorganized, for any such purpose, that they will thereby
+ cease to be entitled to the protection of this Government.
+ </p>
+ <p>
+ I exhort all good citizens to discountenance and prevent any
+ such disreputable and criminal undertaking as aforesaid,
+ charging all officers, civil and military, having lawful
+ power in the premises, to exercise the same for the purpose
+ of maintaining the authority and enforcing the laws of the
+ United States.
+ </p>
+ <p>
+ In testimony whereof I have hereunto set my hand and caused
+ the seal of the United States to be affixed to these
+ presents.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Done at the city of Washington, the 8th day of December,
+ 1855, and of the Independence of the United States the
+ eightieth.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas on the second section of an act of the Congress of
+ the United States approved the 5th day of August, 1854,
+ entitled "An act to carry into effect a treaty between the
+ United States and Great Britain signed on the 5th day of
+ June, 1854," it is provided that whenever the island of
+ Newfoundland shall give its consent to the application of the
+ stipulations and provisions of the said treaty to that
+ Province and the legislature thereof and the Imperial
+ Parliament shall pass the necessary laws for that purpose,
+ grain, flour, and breadstuffs of all kinds; animals of all
+ kinds; fresh, smoked, and salted meats; cotton wool, seeds
+ and vegetables, undried fruits, dried fruits, fish of all
+ kinds, products of fish and all other creatures living in the
+ water, poultry, eggs; hides, furs, skins, or tails,
+ undressed; stone or marble in its crude or unwrought state,
+ slate, butter, cheese, tallow, lard, horns, manures, ores of
+ metals of all kinds, coal, pitch, tar, turpentine, ashes;
+ timber and lumber of all kinds, round, hewed, and sawed,
+ unmanufactured in whole or in part; firewood; plants, shrubs,
+ and trees; pelts, wool, fish oil, rice, broom corn, and bark;
+ gypsum, ground or unground; hewn or wrought or unwrought burr
+ or grind stones, dyestuffs; flax, hemp, and tow,
+ unmanufactured; unmanufactured tobacco, and rags&mdash;shall
+ be admitted free of duty from that Province into the United
+ States from and after the date of a proclamation by the
+ President of the United States declaring that he has
+ satisfactory evidence that the said Province has consented in
+ a due and proper manner to have the provisions of the treaty
+ extended to it and to allow the United States the full
+ benefits of all the stipulations therein contained; and
+ </p>
+ <p>
+ Whereas I have satisfactory evidence that the Province of
+ Newfoundland has consented in a due and proper manner to have
+ the provisions of the aforesaid treaty extended to it and to
+ allow the United States the full benefits of all the
+ stipulations therein contained, so far as they are applicable
+ to that Province:
+ </p>
+ <p>
+ Now, therefore, I, Franklin Pierce, President of the United
+ States of America, do hereby declare and proclaim that from
+ this date the articles enumerated in the preamble of this
+ proclamation, being the growth and produce of the British
+ North American colonies, shall be admitted from the aforesaid
+ Province of Newfoundland into the United States free of duty
+ so long as the aforesaid treaty shall remain in force.
+ </p>
+ <p>
+ In testimony whereof I have hereunto set my hand and caused
+ the seal of the United States to be affixed to these
+ presents.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Done at the city of Washington, the 12th day of December,
+ A.D. 1855, and of the Independence of the United States the
+ eightieth.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas indications exist that public tranquillity and the
+ supremacy of law in the Territory of Kansas are endangered by
+ the reprehensible acts or purposes of persons, both within
+ and without the same, who propose to direct and control its
+ political organization by force. It appearing that
+ combinations have been formed therein to resist the execution
+ of the Territorial laws, and thus in effect subvert by
+ violence all present constitutional and legal authority; it
+ also appearing that persons residing without the Territory,
+ but near its borders, contemplate armed intervention in the
+ affairs thereof; it also appearing that other persons,
+ inhabitants of remote States, are collecting money, engaging
+ men, and providing arms for the same purpose; and it further
+ appearing that combinations within the Territory are
+ endeavoring, by the agency of emissaries and otherwise, to
+ induce individual States of the Union to intervene in the
+ affairs thereof, in violation of the Constitution of the
+ United States; and
+ </p>
+ <p>
+ Whereas all such plans for the determination of the future
+ institutions of the Territory, if carried into action from
+ within the same, will constitute the fact of insurrection,
+ and if from without that of invasive aggression, and will in
+ either case justify and require the forcible interposition of
+ the whole power of the General Government, as well to
+ maintain the laws of the Territory as those of the Union:
+ </p>
+ <p>
+ Now, therefore, I, Franklin Pierce, President of the United
+ States, do issue this my proclamation to command all persons
+ engaged in unlawful combinations against the constituted
+ authority of the Territory of Kansas or of the United States
+ to disperse and retire peaceably to their respective abodes,
+ and to warn all such persons that any attempted insurrection
+ in said Territory or aggressive intrusion into the same will
+ be resisted not only by the employment of the local militia,
+ but also by that of any available forces of the United
+ States, to the end of assuring immunity from violence and
+ full protection to the persons, property, and civil rights of
+ all peaceable and law-abiding inhabitants of the Territory.
+ </p>
+ <p>
+ If, in any part of the Union, the fury of faction or
+ fanaticism, inflamed into disregard of the great principles
+ of popular sovereignty which, under the Constitution, are
+ fundamental in the whole structure of our institutions is to
+ bring on the country the dire calamity of an arbitrament of
+ arms in that Territory, it shall be between lawless violence
+ on the one side and conservative force on the other, wielded
+ by legal authority of the General Government.
+ </p>
+ <p>
+ I call on the citizens, both of adjoining and of distant
+ States, to abstain from unauthorized intermeddling in the
+ local concerns of the Territory, admonishing them that its
+ organic law is to be executed with impartial justice, that
+ all individual acts of illegal interference will incur
+ condign punishment, and that any endeavor to intervene by
+ organized force will be firmly withstood.
+ </p>
+ <p>
+ I invoke all good citizens to promote order by rendering
+ obedience to the law, to seek remedy for temporary evils by
+ peaceful means, to discountenance and repulse the counsels
+ and the instigations of agitators and of disorganizers, and
+ to testify their attachment to their country, their pride in
+ its greatness, their appreciation of the blessings they
+ enjoy, and their determination that republican institutions
+ shall not fail in their hands by cooperating to uphold the
+ majesty of the laws and to vindicate the sanctity of the
+ Constitution.
+ </p>
+ <p>
+ In testimony whereof I have hereunto set my hand and caused
+ the seal of the United States to be affixed to these
+ presents.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Done at the city of Washington, the 11th day of February,
+ A.D. 1856, and of the Independence of the United States the
+ eightieth.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <p>
+ <i>To all whom it may concern</i>:
+ </p>
+ <p>
+ Whereas by letters patent under the seal of the United States
+ bearing date the 2d day of March, A.D. 1843, the President
+ recognized Anthony Barclay as consul of Her Britannic Majesty
+ at New York and declared him free to exercise and enjoy such
+ functions, powers, and privileges as are allowed to the
+ consuls of the most favored nations, but, for good and
+ sufficient reasons, it is deemed proper that he should no
+ longer exercise the said functions within the United States:
+ </p>
+ <p>
+ Now, therefore, be it known that I, Franklin Pierce,
+ President of the United States of America, do hereby declare
+ that the powers and privileges conferred as aforesaid on the
+ said Anthony Barclay are revoked and annulled.
+ </p>
+ <p>
+ In testimony whereof I have caused these letters to be made
+ patent and the seal of the United States to be hereunto
+ affixed.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Given under my hand, at the city of Washington, the 28th day
+ of May, A.D. 1856, and of the Independence of the United
+ States of America the eightieth.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <p>
+ <i>To all whom it may concern</i>:
+ </p>
+ <p>
+ Whereas by letters patent under the seal of the United States
+ bearing date the 2d day of August, A.D. 1853, the President
+ recognized George Benvenuto Mathew as consul of Her Britannic
+ Majesty at Philadelphia and declared him free to exercise and
+ enjoy such functions, powers, and privileges as are allowed
+ to the consuls of the most favored nations, but, for good and
+ sufficient reasons, it is deemed proper that he should no
+ longer exercise the said functions within the United States:
+ </p>
+ <p>
+ Now, therefore, be it known that I, Franklin Pierce,
+ President of the United States of America, do hereby declare
+ that the powers and privileges conferred as aforesaid on the
+ said George Benvenuto Mathew are revoked and annulled.
+ </p>
+ <p>
+ In testimony whereof I have caused these letters to be made
+ patent and the seal of the United States to be hereunto
+ affixed.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Given under my hand, at the city of Washington, the 28th day
+ of May, A.D. 1856, and of the Independence of the United
+ States of America the eightieth.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <p>
+ <i>To all whom it may concern</i>:
+ </p>
+ <p>
+ Whereas by letters patent under the seal of the United States
+ bearing date the 17th day of August, A.D. 1852, the President
+ recognized Charles Rowcroft as consul of Her Britannic
+ Majesty at Cincinnati and declared him free to exercise and
+ enjoy such functions, powers, and privileges as are allowed
+ to the consuls of the most favored nations, but, for good and
+ sufficient reasons, it is deemed proper that he should no
+ longer exercise the said functions within the United States:
+ </p>
+ <p>
+ Now, therefore, be it known that I, Franklin Pierce,
+ President of the United States of America, do hereby declare
+ that the powers and privileges conferred as aforesaid on the
+ said Charles Rowcroft are revoked and annulled.
+ </p>
+ <p>
+ In testimony whereof I have caused these letters to be made
+ patent and the seal of the United States to be hereunto
+ affixed.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Given under my hand, at the city of Washington, the 28th day
+ of May, A.D. 1856, and of the Independence of the United
+ States of America the eightieth.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas, pursuant to the first article of the treaty between
+ the United States and the Mexican Republic of the 30th day of
+ December, 1853, the true limits between the territories of
+ the contracting parties were declared to be as follows:
+ </p>
+ <p>
+ Retaining the same dividing line between the two Californias
+ as already defined and established according to the fifth
+ article of the treaty of Guadalupe Hidalgo, the limits
+ between the two Republics shall be as follows:
+ </p>
+ <p>
+ Beginning in the Gulf of Mexico 3 leagues from land, opposite
+ the mouth of the Rio Grande, as provided in the fifth article
+ of the treaty of Guadalupe Hidalgo; thence, as defined in the
+ said article, up the middle of that river to the point where
+ the parallel of 31&deg; 47' north latitude crosses the same;
+ thence due west 100 miles; thence south to the parallel of
+ 31&deg; 20' north latitude; thence along the said parallel of
+ 31&deg; 20' to the one hundred and eleventh meridian of
+ longitude west of Greenwich; thence in a straight line to a
+ point on the Colorado River 20 English miles below the
+ junction of the Gila and Colorado rivers; thence up the
+ middle of the said river Colorado until it intersects the
+ present line between the United States and Mexico.
+ </p>
+ <p>
+ And whereas the said dividing line has been surveyed, marked
+ out, and established by the respective commissioners of the
+ contracting parties, pursuant to the same article of the said
+ treaty:
+ </p>
+ <p>
+ Now, therefore, be it known that I, Franklin Pierce,
+ President of the United States of America, do hereby declare
+ to all whom it may concern that the line aforesaid shall be
+ held and considered as the boundary between the United States
+ and the Mexican Republic and shall be respected as such by
+ the United States and the citizens thereof.
+ </p>
+ <p>
+ In testimony whereof I have caused the seal of the United
+ States to be hereunto affixed.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Given under my hand, at the city of Washington, this 2d day
+ of June, A.D. 1856, and of the Independence of the United
+ States the eightieth.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas whilst hostilities exist with various Indian tribes
+ on the remote frontiers of the United States, and whilst in
+ other respects the public peace is seriously threatened,
+ Congress has adjourned without granting necessary supplies
+ for the Army, depriving the Executive of the power to perform
+ his duty in relation to the common defense and security, and
+ an extraordinary occasion has thus arisen for assembling the
+ two Houses of Congress, I do therefore by this my
+ proclamation convene the said Houses to meet in the Capitol,
+ at the city of Washington, on Thursday, the 21st day of
+ August instant, hereby requiring the respective Senators and
+ Representatives then and there to assemble to consult and
+ determine on such measures as the state of the Union may seem
+ to require.
+ </p>
+ <p>
+ In testimony whereof I have caused the seal of the United
+ States to be hereunto affixed and signed the same with my
+ hand.
+ </p>
+ <p>
+ [SEAL.]
+ </p>
+ <p>
+ Done at the city of Washington, the 18th day of August, A.D.
+ 1856, and of the Independence of the United States the
+ eighty-first.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By order:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SPECIAL SESSION MESSAGE.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>August 21, 1856</i>.
+ </p>
+ <p>
+ <i>Fellow-Citizens of the Senate and House of
+ Representatives</i>:
+ </p>
+ <p>
+ In consequence of the failure of Congress at its recent
+ session to make provision for the support of the Army, it
+ became imperatively incumbent on me to exercise the power
+ which the Constitution confers on the Executive for
+ extraordinary occasions, and promptly to convene the two
+ Houses in order to afford them an opportunity of
+ reconsidering a subject of such vital interest to the peace
+ and welfare of the Union.
+ </p>
+ <p>
+ With the exception of a partial authority vested by law in
+ the Secretary of War to contract for the supply of clothing
+ and subsistence, the Army is wholly dependent on the
+ appropriations annually made by Congress. The omission of
+ Congress to act in this respect before the termination of the
+ fiscal year had already caused embarrassments to the service,
+ which were overcome only in expectation of appropriations
+ before the close of the present month. If the requisite funds
+ be not speedily provided, the Executive will no longer be
+ able to furnish the transportation, equipments, and munitions
+ which are essential to the effectiveness of a military force
+ in the field. With no provision for the pay of troops the
+ contracts of enlistment would be broken and the Army must in
+ effect be disbanded, the consequences of which would be so
+ disastrous as to demand all possible efforts to avert the
+ calamity.
+ </p>
+ <p>
+ It is not merely that the officers and enlisted men of the
+ Army are to be thus deprived of the pay and emoluments to
+ which they are entitled by standing laws; that the
+ construction of arms at the public armories, the repair and
+ construction of ordnance at the arsenals, and the manufacture
+ of military clothing and camp equipage must be discontinued,
+ and the persons connected with this branch of the public
+ service thus be deprived suddenly of the employment essential
+ to their subsistence; nor is it merely the waste consequent
+ on the forced abandonment of the seaboard fortifications and
+ of the interior military posts and other establishments, and
+ the enormous expense of recruiting and reorganizing the Army
+ and again distributing it over the vast regions which it now
+ occupies. These are evils which may, it is true, be repaired
+ hereafter by taxes imposed on the country; but other evils
+ are involved, which no expenditures, however lavish, could
+ remedy, in comparison with which local and personal injuries
+ or interests sink into insignificance.
+ </p>
+ <p>
+ A great part of the Army is situated on the remote frontier
+ or in the deserts and mountains of the interior. To discharge
+ large bodies of men in such places without the means of
+ regaining their homes, and where few, if any, could obtain
+ subsistence by honest industry, would be to subject them to
+ suffering and temptation, with disregard of justice and right
+ most derogatory to the Government.
+ </p>
+ <p>
+ In the Territories of Washington and Oregon numerous bands of
+ Indians are in arms and are waging a war of extermination
+ against the white inhabitants; and although our troops are
+ actively carrying on the campaign, we have no intelligence as
+ yet of a successful result. On the Western plains,
+ notwithstanding the imposing display of military force
+ recently made there and the chastisement inflicted on the
+ rebellious tribes, others, far from being dismayed, have
+ manifested hostile intentions and been guilty of outrages
+ which, if not designed to provoke a conflict, serve to show
+ that the apprehension of it is insufficient wholly to
+ restrain their vicious propensities. A strong force in the
+ State of Texas has produced a temporary suspension of
+ hostilities there, but in New Mexico incessant activity on
+ the part of the troops is required to keep in check the
+ marauding tribes which infest that Territory. The hostile
+ Indians have not been removed from the State of Florida, and
+ the withdrawal of the troops therefrom, leaving that object
+ unaccomplished, would be most injurious to the inhabitants
+ and a breach of the positive engagement of the General
+ Government.
+ </p>
+ <p>
+ To refuse supplies to the Army, therefore, is to compel the
+ complete cessation of all its operations and its practical
+ disbandment, and thus to invite hordes of predatory savages
+ from the Western plains and the Rocky Mountains to spread
+ devastation along a frontier of more than 4,000 miles in
+ extent and to deliver up the sparse population of a vast
+ tract of country to rapine and murder.
+ </p>
+ <p>
+ Such, in substance, would be the direct and immediate effects
+ of the refusal of Congress, for the first time in the history
+ of the Government, to grant supplies for the maintenance of
+ the Army&mdash;the inevitable waste of millions of public
+ treasure; the infliction of extreme wrong upon all persons
+ connected with the military establishment by service,
+ employment, or contracts; the recall of our forces from the
+ field; the fearful sacrifice of life and incalculable
+ destruction of property on the remote frontiers; the striking
+ of our national flag on the battlements of the fortresses
+ which defend our maritime cities against foreign invasion;
+ the violation of the public honor and good faith, and the
+ discredit of the United States in the eyes of the civilized
+ world.
+ </p>
+ <p>
+ I confidently trust that these considerations, and others
+ appertaining to the domestic peace of the country which can
+ not fail to suggest themselves to every patriotic mind, will
+ on reflection be duly appreciated by both Houses of Congress
+ and induce the enactment of the requisite provisions of law
+ for the support of the Army of the United States.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SPECIAL MESSAGE.
+ </h2>
+ <p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, August 21, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a letter from the Secretary of War, in
+ relation to the balances remaining in the Treasury from the
+ last appropriation for the support of the Army.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ FOURTH ANNUAL MESSAGE.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>December 2, 1856</i>.
+ </p>
+ <p>
+ <i>Fellow-Citizens of the Senate and of the House of
+ Representatives</i>:
+ </p>
+ <p>
+ The Constitution requires that the President shall from time
+ to time not only recommend to the consideration of Congress
+ such measures as he may judge necessary and expedient, but
+ also that he shall give information to them of the state of
+ the Union. To do this fully involves exposition of all
+ matters in the actual condition of the country, domestic or
+ foreign, which essentially concern the general welfare. While
+ performing his constitutional duty in this respect, the
+ President does not speak merely to express personal
+ convictions, but as the executive minister of the Government,
+ enabled by his position and called upon by his official
+ obligations to scan with an impartial eye the interests of
+ the whole and of every part of the United States.
+ </p>
+ <p>
+ Of the condition of the domestic interests of the
+ Union&mdash;its agriculture, mines, manufactures, navigation,
+ and commerce&mdash;it is necessary only to say that the
+ internal prosperity of the country, its continuous and steady
+ advancement in wealth and population and in private as well
+ as public well-being, attest the wisdom of our institutions
+ and the predominant spirit of intelligence and patriotism
+ which, notwithstanding occasional irregularities of opinion
+ or action resulting from popular freedom, has distinguished
+ and characterized the people of America.
+ </p>
+ <p>
+ In the brief interval between the termination of the last and
+ the commencement of the present session of Congress the
+ public mind has been occupied with the care of selecting for
+ another constitutional term the President and Vice-President
+ of the United States.
+ </p>
+ <p>
+ The determination of the persons who are of right, or
+ contingently, to preside over the administration of the
+ Government is under our system committed to the States and
+ the people. We appeal to them, by their voice pronounced in
+ the forms of law, to call whomsoever they will to the high
+ post of Chief Magistrate.
+ </p>
+ <p>
+ And thus it is that as the Senators represent the respective
+ States of the Union and the members of the House of
+ Representatives the several constituencies of each State, so
+ the President represents the aggregate population of the
+ United States. Their election of him is the explicit and
+ solemn act of the sole sovereign authority of the Union.
+ </p>
+ <p>
+ It is impossible to misapprehend the great principles which
+ by their recent political action the people of the United
+ States have sanctioned and announced.
+ </p>
+ <p>
+ They have asserted the constitutional equality of each and
+ all of the States of the Union as States; they have affirmed
+ the constitutional equality of each and all of the citizens
+ of the United States as citizens, whatever their religion,
+ wherever their birth or their residence; they have maintained
+ the inviolability of the constitutional rights of the
+ different sections of the Union, and they have proclaimed
+ their devoted and unalterable attachment to the Union and to
+ the Constitution, as objects of interest superior to all
+ subjects of local or sectional controversy, as the safeguard
+ of the rights of all, as the spirit and the essence of the
+ liberty, peace, and greatness of the Republic.
+ </p>
+ <p>
+ In doing this they have at the same time emphatically
+ condemned the idea of organizing in these United States mere
+ geographical parties, of marshaling in hostile array toward
+ each other the different parts of the country, North or
+ South, East or West.
+ </p>
+ <p>
+ Schemes of this nature, fraught with incalculable mischief,
+ and which the considerate sense of the people has rejected,
+ could have had countenance in no part of the country had they
+ not been disguised by suggestions plausible in appearance,
+ acting upon an excited state of the public mind, induced by
+ causes temporary in their character and, it is to be hoped,
+ transient in their influence.
+ </p>
+ <p>
+ Perfect liberty of association for political objects and the
+ widest scope of discussion are the received and ordinary
+ conditions of government in our country. Our institutions,
+ framed in the spirit of confidence in the intelligence and
+ integrity of the people, do not forbid citizens, either
+ individually or associated together, to attack by writing,
+ speech, or any other methods short of physical force the
+ Constitution and the very existence of the Union. Under the
+ shelter of this great liberty, and protected by the laws and
+ usages of the Government they assail, associations have been
+ formed in some of the States of individuals who, pretending
+ to seek only to prevent the spread of the institution of
+ slavery into the present or future inchoate States of the
+ Union, are really inflamed with desire to change the domestic
+ institutions of existing States. To accomplish their objects
+ they dedicate themselves to the odious task of depreciating
+ the government organization which stands in their way and of
+ calumniating with indiscriminate invective not only the
+ citizens of particular States with whose laws they find
+ fault, but all others of their fellow-citizens throughout the
+ country who do not participate with them in their assaults
+ upon the Constitution, framed and adopted by our fathers, and
+ claiming for the privileges it has secured and the blessings
+ it has conferred the steady support and grateful reverence of
+ their children. They seek an object which they well know to
+ be a revolutionary one. They are perfectly aware that the
+ change in the relative condition of the white and black races
+ in the slaveholding States which they would promote is beyond
+ their lawful authority; that to them it is a foreign object;
+ that it can not be effected by any peaceful instrumentality
+ of theirs; that for them and the States of which they are
+ citizens the only path to its accomplishment is through
+ burning cities, and ravaged fields, and slaughtered
+ populations, and all there is most terrible in foreign
+ complicated with civil and servile war; and that the first
+ step in the attempt is the forcible disruption of a country
+ embracing in its broad bosom a degree of liberty and an
+ amount of individual and public prosperity to which there is
+ no parallel in history, and substituting in its place hostile
+ governments, driven at once and inevitably into mutual
+ devastation and fratricidal carnage, transforming the now
+ peaceful and felicitous brotherhood into a vast permanent
+ camp of armed men like the rival monarchies of Europe and
+ Asia. Well knowing that such, and such only, are the means
+ and the consequences of their plans and purposes, they
+ endeavor to prepare the people of the United States for civil
+ war by doing everything in their power to deprive the
+ Constitution and the laws of moral authority and to undermine
+ the fabric of the Union by appeals to passion and sectional
+ prejudice, by indoctrinating its people with reciprocal
+ hatred, and by educating them to stand face to face as
+ enemies, rather than shoulder to shoulder as friends.
+ </p>
+ <p>
+ It is by the agency of such unwarrantable interference,
+ foreign and domestic, that the minds of many otherwise good
+ citizens have been so inflamed into the passionate
+ condemnation of the domestic institutions of the Southern
+ States as at length to pass insensibly to almost equally
+ passionate hostility toward their fellow-citizens of those
+ States, and thus finally to fall into temporary fellowship
+ with the avowed and active enemies of the Constitution.
+ Ardently attached to liberty in the abstract, they do not
+ stop to consider practically how the objects they would
+ attain can be accomplished, nor to reflect that, even if the
+ evil were as great as they deem it, they have no remedy to
+ apply, and that it can be only aggravated by their violence
+ and unconstitutional action. A question which is one of the
+ most difficult of all the problems of social institution,
+ political economy, and statesmanship they treat with
+ unreasoning intemperance of thought and language. Extremes
+ beget extremes. Violent attack from the North finds its
+ inevitable consequence in the growth of a spirit of angry
+ defiance at the South. Thus in the progress of events we had
+ reached that consummation, which the voice of the people has
+ now so pointedly rebuked, of the attempt of a portion of the
+ States, by a sectional organization and movement, to usurp
+ the control of the Government of the United States.
+ </p>
+ <p>
+ I confidently believe that the great body of those who
+ inconsiderately took this fatal step are sincerely attached
+ to the Constitution and the Union. They would upon
+ deliberation shrink with unaffected horror from any conscious
+ act of disunion or civil war. But they have entered into a
+ path which leads nowhere unless it be to civil war and
+ disunion, and which has no other possible outlet. They have
+ proceeded thus far in that direction in consequence of the
+ successive stages of their progress having consisted of a
+ series of secondary issues, each of which professed to be
+ confined within constitutional and peaceful limits, but which
+ attempted indirectly what few men were willing to do
+ directly; that is, to act aggressively against the
+ constitutional rights of nearly one-half of the thirty-one
+ States.
+ </p>
+ <p>
+ In the long series of acts of indirect aggression, the first
+ was the strenuous agitation by citizens of the Northern
+ States, in Congress and out of it, of the question of negro
+ emancipation in the Southern States.
+ </p>
+ <p>
+ The second step in this path of evil consisted of acts of the
+ people of the Northern States, and in several instances of
+ their governments, aimed to facilitate the escape of persons
+ held to service in the Southern States and to prevent their
+ extradition when reclaimed according to law and in virtue of
+ express provisions of the Constitution. To promote this
+ object, legislative enactments and other means were adopted
+ to take away or defeat rights which the Constitution solemnly
+ guaranteed. In order to nullify the then existing act of
+ Congress concerning the extradition of fugitives from
+ service, laws were enacted in many States forbidding their
+ officers, under the severest penalties, to participate in the
+ execution of any act of Congress whatever. In this way that
+ system of harmonious cooperation between the authorities of
+ the United States and of the several States, for the
+ maintenance of their common institutions, which existed in
+ the early years of the Republic was destroyed; conflicts of
+ jurisdiction came to be frequent, and Congress found itself
+ compelled, for the support of the Constitution and the
+ vindication of its power, to authorize the appointment of new
+ officers charged with the execution of its acts, as if they
+ and the officers of the States were the ministers,
+ respectively, of foreign governments in a state of mutual
+ hostility rather than fellow-magistrates of a common country
+ peacefully subsisting under the protection of one
+ well-constituted Union. Thus here also aggression was
+ followed by reaction, and the attacks upon the Constitution
+ at this point did but serve to raise up new barriers for its
+ defense and security.
+ </p>
+ <p>
+ The third stage of this unhappy sectional controversy was in
+ connection with the organization of Territorial governments
+ and the admission of new States into the Union. When it was
+ proposed to admit the State of Maine, by separation of
+ territory from that of Massachusetts, and the State of
+ Missouri, formed of a portion of the territory ceded by
+ France to the United States, representatives in Congress
+ objected to the admission of the latter unless with
+ conditions suited to particular views of public policy. The
+ imposition of such a condition was successfully resisted; but
+ at the same period the question was presented of imposing
+ restrictions upon the residue of the territory ceded by
+ France. That question was for the time disposed of by the
+ adoption of a geographical line of limitation.
+ </p>
+ <p>
+ In this connection it should not be forgotten that when
+ France, of her own accord, resolved, for considerations of
+ the most far-sighted sagacity, to cede Louisiana to the
+ United States, and that accession was accepted by the United
+ States, the latter expressly engaged that "the inhabitants of
+ the ceded territory shall be incorporated in the Union of the
+ United States and admitted as soon as possible, according to
+ the principles of the Federal Constitution, to the enjoyment
+ of all the rights, advantages, and immunities of citizens of
+ the United States; and in the meantime they shall be
+ maintained and protected in the free enjoyment of their
+ <i>liberty, property</i>, and the religion which they
+ profess;" that is to say, while it remains in a Territorial
+ condition its inhabitants are maintained and protected in the
+ free enjoyment of their liberty and property, with a right
+ then to pass into the condition of States on a footing of
+ perfect equality with the original States.
+ </p>
+ <p>
+ The enactment which established the restrictive geographical
+ line was acquiesced in rather than approved by the States of
+ the Union. It stood on the statute book, however, for a
+ number of years; and the people of the respective States
+ acquiesced in the reenactment of the principle as applied to
+ the State of Texas, and it was proposed to acquiesce in its
+ further application to the territory acquired by the United
+ States from Mexico. But this proposition was successfully
+ resisted by the representatives from the Northern States,
+ who, regardless of the statute line, insisted upon applying
+ restriction to the new territory generally, whether lying
+ north or south of it, thereby repealing it as a legislative
+ compromise, and, on the part of the North, persistently
+ violating the compact, if compact there was.
+ </p>
+ <p>
+ Thereupon this enactment ceased to have binding virtue in any
+ sense, whether as respects the North or the South, and so in
+ effect it was treated on the occasion of the admission of the
+ State of California and the organization of the Territories
+ of New Mexico, Utah, and Washington.
+ </p>
+ <p>
+ Such was the state of this question when the time arrived for
+ the organization of the Territories of Kansas and Nebraska.
+ In the progress of constitutional inquiry and reflection it
+ had now at length come to be seen clearly that Congress does
+ not possess constitutional power to impose restrictions of
+ this character upon any present or future State of the Union.
+ In a long series of decisions, on the fullest argument and
+ after the most deliberate consideration, the Supreme Court of
+ the United States had finally determined this point in every
+ form under which the question could arise, whether as
+ affecting public or private rights&mdash;in questions of the
+ public domain, of religion, of navigation, and of servitude.
+ </p>
+ <p>
+ The several States of the Union are by force of the
+ Constitution coequal in domestic legislative power. Congress
+ can not change a law of domestic relation in the State of
+ Maine; no more can it in the State of Missouri. Any statute
+ which proposes to do this is a mere nullity; it takes away no
+ right, it confers none. If it remains on the statute book
+ unrepealed, it remains there only as a monument of error and
+ a beacon of warning to the legislator and the statesman. To
+ repeal it will be only to remove imperfection from the
+ statutes, without affecting, either in the sense of
+ permission or of prohibition, the action of the States or of
+ their citizens.
+ </p>
+ <p>
+ Still, when the nominal restriction of this nature, already a
+ dead letter in law, was in terms repealed by the last
+ Congress, in a clause of the act organizing the Territories
+ of Kansas and Nebraska, that repeal was made the occasion of
+ a widespread and dangerous agitation.
+ </p>
+ <p>
+ It was alleged that the original enactment being a compact of
+ perpetual moral obligation, its repeal constituted an odious
+ breach of faith.
+ </p>
+ <p>
+ An act of Congress, while it remains unrepealed, more
+ especially if it be constitutionally valid in the judgment of
+ those public functionaries whose duty it is to pronounce on
+ that point, is undoubtedly binding on the conscience of each
+ good citizen of the Republic. But in what sense can it be
+ asserted that the enactment in question was invested with
+ perpetuity and entitled to the respect of a solemn compact?
+ Between whom was the compact? No distinct contending powers
+ of the Government, no separate sections of the Union treating
+ as such, entered into treaty stipulations on the subject. It
+ was a mere clause of an act of Congress, and, like any other
+ controverted matter of legislation, received its final shape
+ and was passed by compromise of the conflicting opinions or
+ sentiments of the members of Congress. But if it had moral
+ authority over men's consciences, to whom did this authority
+ attach? Not to those of the North, who had repeatedly refused
+ to confirm it by extension and who had zealously striven to
+ establish other and incompatible regulations upon the
+ subject. And if, as it thus appears, the supposed compact had
+ no obligatory force as to the North, of course it could not
+ have had any as to the South, for all such compacts must be
+ mutual and of reciprocal obligation.
+ </p>
+ <p>
+ It has not unfrequently happened that lawgivers, with undue
+ estimation of the value of the law they give or in the view
+ of imparting to it peculiar strength, make it perpetual in
+ terms; but they can not thus bind the conscience, the
+ judgment, and the will of those who may succeed them,
+ invested with similar responsibilities and clothed with equal
+ authority. More careful investigation may prove the law to be
+ unsound in principle. Experience may show it to be imperfect
+ in detail and impracticable in execution. And then both
+ reason and right combine not merely to justify but to require
+ its repeal.
+ </p>
+ <p>
+ The Constitution, supreme, as it is, over all the departments
+ of the Government&mdash;legislative, executive, and
+ judicial&mdash;is open to amendment by its very terms; and
+ Congress or the States may, in their discretion, propose
+ amendment to it, solemn compact though it in truth is between
+ the sovereign States of the Union. In the present instance a
+ political enactment which had ceased to have legal power or
+ authority of any kind was repealed. The position assumed that
+ Congress had no moral right to enact such repeal was strange
+ enough, and singularly so in view of the fact that the
+ argument came from those who openly refused obedience to
+ existing laws of the land, having the same popular
+ designation and quality as compromise acts; nay, more, who
+ unequivocally disregarded and condemned the most positive and
+ obligatory injunctions of the Constitution itself, and sought
+ by every means within their reach to deprive a portion of
+ their fellow-citizens of the equal enjoyment of those rights
+ and privileges guaranteed alike to all by the fundamental
+ compact of our Union.
+ </p>
+ <p>
+ This argument against the repeal of the statute line in
+ question was accompanied by another of congenial character
+ and equally with the former destitute of foundation in reason
+ and truth. It was imputed that the measure originated in the
+ conception of extending the limits of slave labor beyond
+ those previously assigned to it, and that such was its
+ natural as well as intended effect; and these baseless
+ assumptions were made, in the Northern States, the ground of
+ unceasing assault upon constitutional right.
+ </p>
+ <p>
+ The repeal in terms of a statute, which was already obsolete
+ and also null for unconstitutionality, could have no
+ influence to obstruct or to promote the propagation of
+ conflicting views of political or social institution. When
+ the act organizing the Territories of Kansas and Nebraska was
+ passed, the inherent effect upon that portion of the public
+ domain thus opened to legal settlement was to admit settlers
+ from all the States of the Union alike, each with his
+ convictions of public policy and private interest, there to
+ found, in their discretion, subject to such limitations as
+ the Constitution and acts of Congress might prescribe, new
+ States, hereafter to be admitted into the Union. It was a
+ free field, open alike to all, whether the statute line of
+ assumed restriction were repealed or not. That repeal did not
+ open to free competition of the diverse opinions and domestic
+ institutions a field which without such repeal would have
+ been closed against them; it found that field of competition
+ already opened, in fact and in law. All the repeal did was to
+ relieve the statute book of an objectionable enactment,
+ unconstitutional in effect and injurious in terms to a large
+ portion of the States.
+ </p>
+ <p>
+ Is it the fact that in all the unsettled regions of the
+ United States, if emigration be left free to act in this
+ respect for itself, without legal prohibitions on either
+ side, slave labor will spontaneously go everywhere in
+ preference to free labor? Is it the fact that the peculiar
+ domestic institutions of the Southern States possess
+ relatively so much of vigor that wheresoever an avenue is
+ freely opened to all the world they will penetrate to the
+ exclusion of those of the Northern States? Is it the fact
+ that the former enjoy, compared with the latter, such
+ irresistibly superior vitality, independent of climate, soil,
+ and all other accidental circumstances, as to be able to
+ produce the supposed result in spite of the assumed moral and
+ natural obstacles to its accomplishment and of the more
+ numerous population of the Northern States?
+ </p>
+ <p>
+ The argument of those who advocate the enactment of new laws
+ of restriction and condemn the repeal of old ones in effect
+ avers that their particular views of government have no
+ self-extending or self-sustaining power of their own, and
+ will go nowhere unless forced by act of Congress. And if
+ Congress do but pause for a moment in the policy of stern
+ coercion; if it venture to try the experiment of leaving men
+ to judge for themselves what institutions will best suit
+ them; if it be not strained up to perpetual legislative
+ exertion on this point&mdash;if Congress proceed thus to act
+ in the very spirit of liberty, it is at once charged with
+ aiming to extend slave labor into all the new Territories of
+ the United States.
+ </p>
+ <p>
+ Of course these imputations on the intentions of Congress in
+ this respect, conceived, as they were, in prejudice and
+ disseminated in passion, are utterly destitute of any
+ justification in the nature of things and contrary to all the
+ fundamental doctrines and principles of civil liberty and
+ self-government.
+ </p>
+ <p>
+ While, therefore, in general, the people of the Northern
+ States have never at any time arrogated for the Federal
+ Government the power to interfere directly with the domestic
+ condition of persons in the Southern States, but, on the
+ contrary, have disavowed all such intentions and have shrunk
+ from conspicuous affiliation with those few who pursue their
+ fanatical objects avowedly through the contemplated means of
+ revolutionary change of the Government and with acceptance of
+ the necessary consequences&mdash;a civil and servile
+ war&mdash;yet many citizens have suffered themselves to be
+ drawn into one evanescent political issue of agitation after
+ another, appertaining to the same set of opinions, and which
+ subsided as rapidly as they arose when it came to be seen, as
+ it uniformly did, that they were incompatible with the
+ compacts of the Constitution and the existence of the Union.
+ Thus when the acts of some of the States to nullify the
+ existing extradition law imposed upon Congress the duty of
+ passing a new one, the country was invited by agitators to
+ enter into party organization for its repeal; but that
+ agitation speedily ceased by reason of the impracticability
+ of its object. So when the statute restriction upon the
+ institutions of new States by a geographical line had been
+ repealed, the country was urged to demand its restoration,
+ and that project also died almost with its birth. Then
+ followed the cry of alarm from the North against imputed
+ Southern encroachments, which cry sprang in reality from the
+ spirit of revolutionary attack on the domestic institutions
+ of the South, and, after a troubled existence of a few
+ months, has been rebuked by the voice of a patriotic people.
+ </p>
+ <p>
+ Of this last agitation, one lamentable feature was that it
+ was carried on at the immediate expense of the peace and
+ happiness of the people of the Territory of Kansas. That was
+ made the battlefield, not so much of opposing factions or
+ interests within itself as of the conflicting passions of the
+ whole people of the United States. Revolutionary disorder in
+ Kansas had its origin in projects of intervention
+ deliberately arranged by certain members of that Congress
+ which enacted the law for the organization of the Territory;
+ and when propagandist colonization of Kansas had thus been
+ undertaken in one section of the Union for the systematic
+ promotion of its peculiar views of policy there ensued as a
+ matter of course a counteraction with opposite views in other
+ sections of the Union.
+ </p>
+ <p>
+ In consequence of these and other incidents, many acts of
+ disorder, it is undeniable, have been perpetrated in Kansas,
+ to the occasional interruption rather than the permanent
+ suspension of regular government. Aggressive and most
+ reprehensible incursions into the Territory were undertaken
+ both in the North and the South, and entered it on its
+ northern border by the way of Iowa, as well as on the eastern
+ by way of Missouri; and there has existed within it a state
+ of insurrection against the constituted authorities, not
+ without countenance from inconsiderate persons in each of the
+ great sections of the Union. But the difficulties in that
+ Territory have been extravagantly exaggerated for purposes of
+ political agitation elsewhere. The number and gravity of the
+ acts of violence have been magnified partly by statements
+ entirely untrue and partly by reiterated accounts of the same
+ rumors or facts. Thus the Territory has been seemingly filled
+ with extreme violence, when the whole amount of such acts has
+ not been greater than what occasionally passes before us in
+ single cities to the regret of all good citizens, but without
+ being regarded as of general or permanent political
+ consequence.
+ </p>
+ <p>
+ Imputed irregularities in the elections had in Kansas, like
+ occasional irregularities of the same description in the
+ States, were beyond the sphere of action of the Executive.
+ But incidents of actual violence or of organized obstruction
+ of law, pertinaciously renewed from time to time, have been
+ met as they occurred by such means as were available and as
+ the circumstances required, and nothing of this character now
+ remains to affect the general peace of the Union. The attempt
+ of a part of the inhabitants of the Territory to erect a
+ revolutionary government, though sedulously encouraged and
+ supplied with pecuniary aid from active agents of disorder in
+ some of the States, has completely failed. Bodies of armed
+ men, foreign to the Territory, have been prevented from
+ entering or compelled to leave it; predatory bands, engaged
+ in acts of rapine under cover of the existing political
+ disturbances, have been arrested or dispersed, and every
+ well-disposed person is now enabled once more to devote
+ himself in peace to the pursuits of prosperous industry, for
+ the prosecution of which he undertook to participate in the
+ settlement of the Territory.
+ </p>
+ <p>
+ It affords me unmingled satisfaction thus to announce the
+ peaceful condition of things in Kansas, especially
+ considering the means to which it was necessary to have
+ recourse for the attainment of the end, namely, the
+ employment of a part of the military force of the United
+ States. The withdrawal of that force from its proper duty of
+ defending the country against foreign foes or the savages of
+ the frontier to employ it for the suppression of domestic
+ insurrection is, when the exigency occurs, a matter of the
+ most earnest solicitude. On this occasion of imperative
+ necessity it has been done with the best results, and my
+ satisfaction in the attainment of such results by such means
+ is greatly enhanced by the consideration that, through the
+ wisdom and energy of the present executive of Kansas and the
+ prudence, firmness, and vigilance of the military officers on
+ duty there tranquillity has been restored without one drop of
+ blood having been shed in its accomplishment by the forces of
+ the United States.
+ </p>
+ <p>
+ The restoration of comparative tranquillity in that Territory
+ furnishes the means of observing calmly and appreciating at
+ their just value the events which have occurred there and the
+ discussions of which the government of the Territory has been
+ the subject.
+ </p>
+ <p>
+ We perceive that controversy concerning its future domestic
+ institutions was inevitable; that no human prudence, no form
+ of legislation, no wisdom on the part of Congress, could have
+ prevented it.
+ </p>
+ <p>
+ It is idle to suppose that the particular provisions of their
+ organic law were the cause of agitation. Those provisions
+ were but the occasion, or the pretext, of an agitation which
+ was inherent in the nature of things. Congress legislated
+ upon the subject in such terms as were most consonant with
+ the principle of popular sovereignty which underlies our
+ Government. It could not have legislated otherwise without
+ doing violence to another great principle of our
+ institutions&mdash;the imprescriptible right of equality of
+ the several States.
+ </p>
+ <p>
+ We perceive also that sectional interests and party passions
+ have been the great impediment to the salutary operation of
+ the organic principles adopted and the chief cause of the
+ successive disturbances in Kansas, The assumption that
+ because in the organization of the Territories of Nebraska
+ and Kansas Congress abstained from imposing restraints upon
+ them to which certain other Territories had been subject,
+ therefore disorders occurred in the latter Territory, is
+ emphatically contradicted by the fact that none have occurred
+ in the former. Those disorders were not the consequence, in
+ Kansas, of the freedom of self-government conceded to that
+ Territory by Congress, but of unjust interference on the part
+ of persons not inhabitants of the Territory. Such
+ interference, wherever it has exhibited itself by acts of
+ insurrectionary character or of obstruction to process of
+ law, has been repelled or suppressed by all the means which
+ the Constitution and the laws place in the hands of the
+ Executive.
+ </p>
+ <p>
+ In those parts of the United States where, by reason of the
+ inflamed state of the public mind, false rumors and
+ misrepresentations have the greatest currency it has been
+ assumed that it was the duty of the Executive not only to
+ suppress insurrectionary movements in Kansas, but also to see
+ to the regularity of local elections. It needs little
+ argument to show that the President has no such power. All
+ government in the United States rests substantially upon
+ popular election. The freedom of elections is liable to be
+ impaired by the intrusion of unlawful votes or the exclusion
+ of lawful ones, by improper influences, by violence, or by
+ fraud. But the people of the United States are themselves the
+ all-sufficient guardians of their own rights, and to suppose
+ that they will not remedy in due season any such incidents of
+ civil freedom is to suppose them to have ceased to be capable
+ of self-government. The President of the United States has
+ not power to interpose in elections, to see to their freedom,
+ to canvass their votes, or to pass upon their legality in the
+ Territories any more than in the States. If he had such power
+ the Government might be republican in form, but it would be a
+ monarchy in fact; and if he had undertaken to exercise it in
+ the case of Kansas he would have been justly subject to the
+ charge of usurpation and of violation of the dearest rights
+ of the people of the United States.
+ </p>
+ <p>
+ Unwise laws, equally with irregularities at elections, are in
+ periods of great excitement the occasional incidents of even
+ the freest and best political institutions; but all
+ experience demonstrates that in a country like ours, where
+ the right of self-constitution exists in the completest form,
+ the attempt to remedy unwise legislation by resort to
+ revolution is totally out of place, inasmuch as existing
+ legal institutions afford more prompt and efficacious means
+ for the redress of wrong.
+ </p>
+ <p>
+ I confidently trust that now, when the peaceful condition of
+ Kansas affords opportunity for calm reflection and wise
+ legislation, either the legislative assembly of the Territory
+ or Congress will see that no act shall remain on its statute
+ book violative of the provisions of the Constitution or
+ subversive of the great objects for which that was ordained
+ and established, and will take all other necessary steps to
+ assure to its inhabitants the enjoyment, without obstruction
+ or abridgment, of all the constitutional rights, privileges,
+ and immunities of citizens of the United States, as
+ contemplated by the organic law of the Territory.
+ </p>
+ <p>
+ Full information in relation to recent events in this
+ Territory will be found in the documents communicated
+ herewith from the Departments of State and War.
+ </p>
+ <p>
+ I refer you to the report of the Secretary of the Treasury
+ for particular information concerning the financial condition
+ of the Government and the various branches of the public
+ service connected with the Treasury Department.
+ </p>
+ <p>
+ During the last fiscal year the receipts from customs were
+ for the first time more than $64,000,000, and from all
+ sources $73,918,141, which, with the balance on hand up to
+ the 1st of July, 1855, made the total resources of the year
+ amount to $92,850,117. The expenditures, including $3,000,000
+ in execution of the treaty with Mexico and excluding sums
+ paid on account of the public debt, amounted to $60,172,401,
+ and including the latter to $72,948,792, the payment on this
+ account having amounted to $12,776,390.
+ </p>
+ <p>
+ On the 4th of March, 1853, the amount of the public debt was
+ $69,129,937. There was a subsequent increase of $2,750,000
+ for the debt of Texas, making a total of $71,879,937. Of this
+ the sum of $45,525,319, including premium, has been
+ discharged, reducing the debt to $30,963,909, all which might
+ be paid within a year without embarrassing the public
+ service, but being not yet due and only redeemable at the
+ option of the holder, can not be pressed to payment by the
+ Government.
+ </p>
+ <p>
+ On examining the expenditures of the last five years it will
+ be seen that the average, deducting payments on account of
+ the public debt and $10,000,000 paid by treaty to Mexico, has
+ been but about $48,000,000. It is believed that under an
+ economical administration of the Government the average
+ expenditure for the ensuing five years will not exceed that
+ sum, unless extraordinary occasion for its increase should
+ occur. The acts granting bounty lands will soon have been
+ executed, while the extension of our frontier settlements
+ will cause a continued demand for lands and augmented
+ receipts, probably, from that source. These considerations
+ will justify a reduction of the revenue from customs so as
+ not to exceed forty-eight or fifty million dollars. I think
+ the exigency for such reduction is imperative, and again urge
+ it upon the consideration of Congress.
+ </p>
+ <p>
+ The amount of reduction, as well as the manner of effecting
+ it, are questions of great and general interest, it being
+ essential to industrial enterprise and the public prosperity,
+ as well as the dictate of obvious justice, that the burden of
+ taxation be made to rest as equally as possible upon all
+ classes and all sections and interests of the country.
+ </p>
+ <p>
+ I have heretofore recommended to your consideration the
+ revision of the revenue laws, prepared under the direction of
+ the Secretary of the Treasury, and also legislation upon some
+ special questions affecting the business of that Department,
+ more especially the enactment of a law to punish the
+ abstraction of official books or papers from the files of the
+ Government and requiring all such books and papers and all
+ other public property to be turned over by the outgoing
+ officer to his successor; of a law requiring disbursing
+ officers to deposit all public money in the vaults of the
+ Treasury or in other legal depositories, where the same are
+ conveniently accessible, and a law to extend existing penal
+ provisions to all persons who may become possessed of public
+ money by deposit or otherwise and who shall refuse or neglect
+ on due demand to pay the same into the Treasury. I invite
+ your attention anew to each of these objects.
+ </p>
+ <p>
+ The Army during the past year has been so constantly employed
+ against hostile Indians in various quarters that it can
+ scarcely be said, with propriety of language, to have been a
+ peace establishment. Its duties have been satisfactorily
+ performed, and we have reason to expect as a result of the
+ year's operations greater security to the frontier
+ inhabitants than has been hitherto enjoyed. Extensive
+ combinations among the hostile Indians of the Territories of
+ Washington and Oregon at one time threatened the devastation
+ of the newly formed settlements of that remote portion of the
+ country. From recent information we are permitted to hope
+ that the energetic and successful operations conducted there
+ will prevent such combinations in future and secure to those
+ Territories an opportunity to make steady progress in the
+ development of their agricultural and mineral resources.
+ </p>
+ <p>
+ Legislation has been recommended by me on previous occasions
+ to cure defects in the existing organization and to increase
+ the efficiency of the Army, and further observation has but
+ served to confirm me in the views then expressed and to
+ enforce on my mind the conviction that such measures are not
+ only proper, but necessary.
+ </p>
+ <p>
+ I have, in addition, to invite the attention of Congress to a
+ change of policy in the distribution of troops and to the
+ necessity of providing a more rapid increase of the military
+ armament. For details of these and other subjects relating to
+ the Army I refer to the report of the Secretary of War.
+ </p>
+ <p>
+ The condition of the Navy is not merely satisfactory, but
+ exhibits the most gratifying evidences of increased vigor. As
+ it is comparatively small, it is more important that it
+ should be as complete as possible in all the elements of
+ strength; that it should be efficient in the character of its
+ officers, in the zeal and discipline of its men, in the
+ reliability of its ordnance, and in the capacity of its
+ ships. In all these various qualities the Navy has made great
+ progress within the last few years. The execution of the law
+ of Congress of February 28, 1855, "to promote the efficiency
+ of the Navy," has been attended by the most advantageous
+ results. The law for promoting discipline among the men is
+ found convenient and salutary. The system of granting an
+ honorable discharge to faithful seamen on the expiration of
+ the period of their enlistment and permitting them to
+ reenlist after a leave of absence of a few months without
+ cessation of pay is highly beneficial in its influence. The
+ apprentice system recently adopted is evidently destined to
+ incorporate into the service a large number of our
+ countrymen, hitherto so difficult to procure. Several hundred
+ American boys are now on a three years' cruise in our
+ national vessels and will return well-trained seamen. In the
+ Ordnance Department there is a decided and gratifying
+ indication of progress, creditable to it and to the country.
+ The suggestions of the Secretary of the Navy in regard to
+ further improvement in that branch of the service I commend
+ to your favorable action.
+ </p>
+ <p>
+ The new frigates ordered by Congress are now afloat and two
+ of them in active service. They are superior models of naval
+ architecture, and with their formidable battery add largely
+ to public strength and security. I concur in the views
+ expressed by the Secretary of the Department in favor of a
+ still further increase of our naval force.
+ </p>
+ <p>
+ The report of the Secretary of the Interior presents facts
+ and views in relation to internal affairs over which the
+ supervision of his Department extends of much interest and
+ importance.
+ </p>
+ <p>
+ The aggregate sales of the public lands during the last
+ fiscal year amount to 9,227,878 acres, for which has been
+ received the sum of $8,821,414. During the same period there
+ have been located with military scrip and land warrants and
+ for other purposes 30,100,230 acres, thus making a total
+ aggregate of 39,328,108 acres. On the 30th of September last
+ surveys had been made of 16,873,699 acres, a large proportion
+ of which is ready for market.
+ </p>
+ <p>
+ The suggestions in this report in regard to the complication
+ and progressive expansion of the business of the different
+ bureaus of the Department, to the pension system, to the
+ colonization of Indian tribes, and the recommendations in
+ relation to various improvements in the District of Columbia
+ are especially commended to your consideration.
+ </p>
+ <p>
+ The report of the Postmaster-General presents fully the
+ condition of that Department of the Government. Its
+ expenditures for the last fiscal year were $10,407,868 and
+ its gross receipts $7,620,801, making an excess of
+ expenditure over receipts of $2,787,046. The deficiency of
+ this Department is thus $744,000 greater than for the year
+ ending June 30, 1853. Of this deficiency $330,000 is to be
+ attributed to the additional compensation allowed to
+ postmasters by the act of Congress of June 22, 1854. The mail
+ facilities in every part of the country have been very much
+ increased in that period, and the large addition of railroad
+ service, amounting to 7,908 miles, has added largely to the
+ cost of transportation.
+ </p>
+ <p>
+ The inconsiderable augmentation of the income of the
+ Post-Office Department under the reduced rates of postage and
+ its increasing expenditures must for the present make it
+ dependent to some extent upon the Treasury for support. The
+ recommendations of the Postmaster-General in relation to the
+ abolition of the franking privilege and his views on the
+ establishment of mail steamship lines deserve the
+ consideration of Congress. I also call the special attention
+ of Congress to the statement of the Postmaster-General
+ respecting the sums now paid for the transportation of mails
+ to the Panama Railroad Company, and commend to their early
+ and favorable consideration the suggestions of that officer
+ in relation to new contracts for mail transportation upon
+ that route, and also upon the Tehuantepec and Nicaragua
+ routes.
+ </p>
+ <p>
+ The United States continue in the enjoyment of amicable
+ relations with all foreign powers.
+ </p>
+ <p>
+ When my last annual message was transmitted to Congress two
+ subjects of controversy, one relating to the enlistment of
+ soldiers in this country for foreign service and the other to
+ Central America, threatened to disturb the good understanding
+ between the United States and Great Britain. Of the progress
+ and termination of the former question you were informed at
+ the time, and the other is now in the way of satisfactory
+ adjustment.
+ </p>
+ <p>
+ The object of the convention between the United States and
+ Great Britain of the 19th of April, 1850, was to secure for
+ the benefit of all nations the neutrality and the common use
+ of any transit way or interoceanic communication across the
+ Isthmus of Panama which might be opened within the limits of
+ Central America. The pretensions subsequently asserted by
+ Great Britain to dominion or control over territories in or
+ near two of the routes, those of Nicaragua and Honduras, were
+ deemed by the United States not merely incompatible with the
+ main object of the treaty, but opposed even to its express
+ stipulations. Occasion of controversy on this point has been
+ removed by an additional treaty, which our minister at London
+ has concluded, and which will be immediately submitted to the
+ Senate for its consideration. Should the proposed
+ supplemental arrangement be concurred in by all the parties
+ to be affected by it, the objects contemplated by the
+ original convention will have been fully attained.
+ </p>
+ <p>
+ The treaty between the United States and Great Britain of the
+ 5th of June, 1854, which went into effective operation in
+ 1855, put an end to causes of irritation between the two
+ countries, by securing to the United States the right of
+ fishery on the coast of the British North American Provinces,
+ with advantages equal to those enjoyed by British subjects.
+ Besides the signal benefits of this treaty to a large class
+ of our citizens engaged in a pursuit connected to no
+ inconsiderable degree with our national prosperity and
+ strength, it has had a favorable effect upon other interests
+ in the provision it made for reciprocal freedom of trade
+ between the United States and the British Provinces in
+ America.
+ </p>
+ <p>
+ The exports of domestic articles to those Provinces during
+ the last year amounted to more than $22,000,000, exceeding
+ those of the preceding year by nearly $7,000,000; and the
+ imports therefrom during the same period amounted to more
+ than twenty-one million, an increase of six million upon
+ those of the previous year.
+ </p>
+ <p>
+ The improved condition of this branch of our commerce is
+ mainly attributable to the above-mentioned treaty.
+ </p>
+ <p>
+ Provision was made in the first article of that treaty for a
+ commission to designate the mouths of rivers to which the
+ common right of fishery on the coast of the United States and
+ the British Provinces was not to extend. This commission has
+ been employed a part of two seasons, but without much
+ progress in accomplishing the object for which it was
+ instituted, in consequence of a serious difference of opinion
+ between the commissioners, not only as to the precise point
+ where the rivers terminate, but in many instances as to what
+ constitutes a river. These difficulties, however, may be
+ overcome by resort to the umpirage provided for by the
+ treaty.
+ </p>
+ <p>
+ The efforts perseveringly prosecuted since the commencement
+ of my Administration to relieve our trade to the Baltic from
+ the exaction of Sound dues by Denmark have not yet been
+ attended with success. Other governments have also sought to
+ obtain a like relief to their commerce, and Denmark was thus
+ induced to propose an arrangement to all the European powers
+ interested in the subject, and the manner in which her
+ proposition was received warranting her to believe that a
+ satisfactory arrangement with them could soon be concluded,
+ she made a strong appeal to this Government for temporary
+ suspension of definite action on its part, in consideration
+ of the embarrassment which might result to her European
+ negotiations by an immediate adjustment of the question with
+ the United States. This request has been acceded to upon the
+ condition that the sums collected after the 16th of June last
+ and until the 16th of June next from vessels and cargoes
+ belonging to our merchants are to be considered as paid under
+ protest and subject to future adjustment. There is reason to
+ believe that an arrangement between Denmark and the maritime
+ powers of Europe on the subject will be soon concluded, and
+ that the pending negotiation with the United States may then
+ be resumed and terminated in a satisfactory manner.
+ </p>
+ <p>
+ With Spain no new difficulties have arisen, nor has much
+ progress been made in the adjustment of pending ones.
+ </p>
+ <p>
+ Negotiations entered into for the purpose of relieving our
+ commercial intercourse with the island of Cuba of some of its
+ burdens and providing for the more speedy settlement of local
+ disputes growing out of that intercourse have not yet been
+ attended with any results.
+ </p>
+ <p>
+ Soon after the commencement of the late war in Europe this
+ Government submitted to the consideration of all maritime
+ nations two principles for the security of neutral
+ commerce&mdash;one that the neutral flag should cover
+ enemies' goods, except articles contraband of war, and the
+ other that neutral property on board merchant vessels of
+ belligerents should be exempt from condemnation, with the
+ exception of contraband articles. These were not presented as
+ new rules of international law, having been generally claimed
+ by neutrals, though not always admitted by belligerents. One
+ of the parties to the war (Russia), as well as several
+ neutral powers, promptly acceded to these propositions, and
+ the two other principal belligerents (Great Britain and
+ France) having consented to observe them for the present
+ occasion, a favorable opportunity seemed to be presented for
+ obtaining a general recognition of them, both in Europe and
+ America.
+ </p>
+ <p>
+ But Great Britain and France, in common with most of the
+ States of Europe, while forbearing to reject, did not
+ affirmatively act upon the overtures of the United States.
+ </p>
+ <p>
+ While the question was in this position the representatives
+ of Russia, France, Great Britain, Austria, Prussia, Sardinia,
+ and Turkey, assembled at Paris, took into consideration the
+ subject of maritime rights, and put forth a declaration
+ containing the two principles which this Government had
+ submitted nearly two years before to the consideration of
+ maritime powers, and adding thereto the following
+ propositions: "Privateering is and remains abolished," and
+ "Blockades in order to be binding must be effective; that is
+ to say, maintained by a force sufficient really to prevent
+ access to the coast of the enemy;" and to the declaration
+ thus composed of four points, two of which had already been
+ proposed by the United States, this Government has been
+ invited to accede by all the powers represented at Paris
+ except Great Britain and Turkey. To the last of the two
+ additional propositions&mdash;that in relation to
+ blockades&mdash;there can certainly be no objection. It is
+ merely the definition of what shall constitute the effectual
+ investment of a blockaded place, a definition for which this
+ Government has always contended, claiming indemnity for
+ losses where a practical violation of the rule thus defined
+ has been injurious to our commerce. As to the remaining,
+ article of the declaration of the conference of Paris, that
+ "privateering is and remains abolished," I certainly can not
+ ascribe to the powers represented in the conference of Paris
+ any but liberal and philanthropic views in the attempt to
+ change the unquestionable rule of maritime law in regard to
+ privateering. Their proposition was doubtless intended to
+ imply approval of the principle that private property upon
+ the ocean, although it might belong to the citizens of a
+ belligerent state, should be exempted from capture; and had
+ that proposition been so framed as to give full effect to the
+ principle, it would have received my ready assent on behalf
+ of the United States. But the measure proposed is inadequate
+ to that purpose. It is true that if adopted private property
+ upon the ocean would be withdrawn from one mode of plunder,
+ but left exposed meanwhile to another mode, which could be
+ used with increased effectiveness. The aggressive capacity of
+ great naval powers would be thereby augmented, while the
+ defensive ability of others would be reduced. Though the
+ surrender of the means of prosecuting hostilities by
+ employing privateers, as proposed by the conference of Paris,
+ is mutual in terms, yet in practical effect it would be the
+ relinquishment of a right of little value to one class of
+ states, but of essential importance to another and a far
+ larger class. It ought not to have been anticipated that a
+ measure so inadequate to the accomplishment of the proposed
+ object and so unequal in its operation would receive the
+ assent of all maritime powers. Private property would be
+ still left to the depredations of the public armed cruisers.
+ </p>
+ <p>
+ I have expressed a readiness on the part of this Government
+ to accede to all the principles contained in the declaration
+ of the conference of Paris provided that the one relating to
+ the abandonment of privateering can be so amended as to
+ effect the object for which, as is presumed, it was
+ intended&mdash;the immunity of private property on the ocean
+ from hostile capture. To effect this object, it is proposed
+ to add to the declaration that "privateering is and remains
+ abolished" the following amendment:
+ </p>
+ <p class="q">
+ And that the private property of subjects and citizens of a
+ belligerent on the high seas shall be exempt from seizure by
+ the public armed vessels of the other belligerent, except it
+ be contraband.
+ </p>
+ <p>
+ This amendment has been presented not only to the powers
+ which have asked our assent to the declaration to abolish
+ privateering, but to all other maritime states. Thus far it
+ has not been rejected by any, and is favorably entertained by
+ all which have made any communication in reply.
+ </p>
+ <p>
+ Several of the governments regarding with favor the
+ proposition of the United States have delayed definitive
+ action upon it only for the purpose of consulting with
+ others, parties to the conference of Paris. I have the
+ satisfaction of stating, however, that the Emperor of Russia
+ has entirely and explicitly approved of that modification and
+ will cooperate in endeavoring to obtain the assent of other
+ powers, and that assurances of a similar purport have been
+ received in relation to the disposition of the Emperor of the
+ French.
+ </p>
+ <p>
+ The present aspect of this important subject allows us to
+ cherish the hope that a principle so humane in its character,
+ so just and equal in its operation, so essential to the
+ prosperity of commercial nations, and so consonant to the
+ sentiments of this enlightened period of the world will
+ command the approbation of all maritime powers, and thus be
+ incorporated into the code of international law.
+ </p>
+ <p>
+ My views on the subject are more fully set forth in the reply
+ of the Secretary of State, a copy of which is herewith
+ transmitted, to the communications on the subject made to
+ this Government, especially to the communication of France.
+ </p>
+ <p>
+ The Government of the United States has at all times regarded
+ with friendly interest the other States of America, formerly,
+ like this country, European colonies, and now independent
+ members of the great family of nations. But the unsettled
+ condition of some of them, distracted by frequent
+ revolutions, and thus incapable of regular and firm internal
+ administration, has tended to embarrass occasionally our
+ public intercourse by reason of wrongs which our citizens
+ suffer at their hands, and which they are slow to redress.
+ </p>
+ <p>
+ Unfortunately, it is against the Republic of Mexico, with
+ which it is our special desire to maintain a good
+ understanding, that such complaints are most numerous; and
+ although earnestly urged upon its attention, they have not as
+ yet received the consideration which this Government had a
+ right to expect. While reparation for past injuries has been
+ withheld, others have been added. The political condition of
+ that country, however, has been such as to demand forbearance
+ on the part of the United States. I shall continue my efforts
+ to procure for the wrongs of our citizens that redress which
+ is indispensable to the continued friendly association of the
+ two Republics.
+ </p>
+ <p>
+ The peculiar condition of affairs in Nicaragua in the early
+ part of the present year rendered it important that this
+ Government should have diplomatic relations with that State.
+ Through its territory had been opened one of the principal
+ thoroughfares across the isthmus connecting North and South
+ America, on which a vast amount of property was transported
+ and to which our citizens resorted in great numbers in
+ passing between the Atlantic and Pacific coasts of the United
+ States. The protection of both required that the existing
+ power in that State should be regarded as a responsible
+ Government, and its minister was accordingly received. But he
+ remained here only a short time. Soon thereafter the
+ political affairs of Nicaragua underwent unfavorable change
+ and became involved in much uncertainty and confusion.
+ Diplomatic representatives from two contending parties have
+ been recently sent to this Government, but with the imperfect
+ information possessed it was not possible to decide which was
+ the Government <i>de facto</i>, and, awaiting further
+ developments, I have refused to receive either.
+ </p>
+ <p>
+ Questions of the most serious nature are pending between the
+ United States and the Republic of New Granada. The Government
+ of that Republic undertook a year since to impose tonnage
+ duties on foreign vessels in her ports, but the purpose was
+ resisted by this Government as being contrary to existing
+ treaty stipulations with the United States and to rights
+ conferred by charter upon the Panama Railroad Company, and
+ was accordingly relinquished at that time, it being admitted
+ that our vessels were entitled to be exempt from tonnage duty
+ in the free ports of Panama and Aspinwall. But the purpose
+ has been recently revived on the part of New Granada by the
+ enactment of a law to subject vessels visiting her ports to
+ the tonnage duty of 40 cents per ton, and although the law
+ has not been put in force, yet the right to enforce it is
+ still asserted and may at any time be acted on by the
+ Government of that Republic.
+ </p>
+ <p>
+ The Congress of New Granada has also enacted a law during the
+ last year which levies a tax of more than $3 on every pound
+ of mail matter transported across the Isthmus. The sum thus
+ required to be paid on the mails of the United States would
+ be nearly $2,000,000 annually in addition to the large sum
+ payable by contract to the Panama Railroad Company. If the
+ only objection to this exaction were the exorbitancy of its
+ amount, it could not be submitted to by the United States.
+ </p>
+ <p>
+ The imposition of it, however, would obviously contravene our
+ treaty with New Granada and infringe the contract of that
+ Republic with the Panama Railroad Company. The law providing
+ for this tax was by its terms to take effect on the ist of
+ September last, but the local authorities on the Isthmus have
+ been induced to suspend its execution and to await further
+ instructions on the subject from the Government of the
+ Republic. I am not yet advised of the determination of that
+ Government. If a measure so extraordinary in its character
+ and so clearly contrary to treaty stipulations and the
+ contract rights of the Panama Railroad Company, composed
+ mostly of American citizens, should be persisted in, it will
+ be the duty of the United States to resist its execution.
+ </p>
+ <p>
+ I regret exceedingly that occasion exists to invite your
+ attention to a subject of still graver import in our
+ relations with the Republic of New Granada. On the 15th day
+ of April last a riotous assemblage of the inhabitants of
+ Panama committed a violent and outrageous attack on the
+ premises of the railroad company and the passengers and other
+ persons in or near the same, involving the death of several
+ citizens of the United States, the pillage of many others,
+ and the destruction of a large amount of property belonging
+ to the railroad company. I caused full investigation of that
+ event to be made, and the result shows satisfactorily that
+ complete responsibility for what occurred attaches to the
+ Government of New Granada. I have therefore demanded of that
+ Government that the perpetrators of the wrongs in question
+ should be punished; that provision should be made for the
+ families of citizens of the United States who were killed,
+ with full indemnity for the property pillaged or destroyed.
+ </p>
+ <p>
+ The present condition of the Isthmus of Panama, in so far as
+ regards the security of persons and property passing over it,
+ requires serious consideration. Recent incidents tend to show
+ that the local authorities can not be relied on to maintain
+ the public peace of Panama, and there is just ground for
+ apprehension that a portion of the inhabitants are meditating
+ further outrages, without adequate measures for the security
+ and protection of persons or property having been taken,
+ either by the State of Panama or by the General Government of
+ New Granada.
+ </p>
+ <p>
+ Under the guaranties of treaty, citizens of the United States
+ have, by the outlay of several million dollars, constructed a
+ railroad across the Isthmus, and it has become the main route
+ between our Atlantic and Pacific possessions, over which
+ multitudes of our citizens and a vast amount of property are
+ constantly passing; to the security and protection of all
+ which and the continuance of the public advantages involved
+ it is impossible for the Government of the United States to
+ be indifferent.
+ </p>
+ <p>
+ I have deemed the danger of the recurrence of scenes of
+ lawless violence in this quarter so imminent as to make it my
+ duty to station a part of our naval force in the harbors of
+ Panama and Aspinwall, in order to protect the persons and
+ property of the citizens of the United States in those ports
+ and to insure to them safe passage across the Isthmus. And it
+ would, in my judgment, be unwise to withdraw the naval force
+ now in those ports until, by the spontaneous action of the
+ Republic of New Granada or otherwise, some adequate
+ arrangement shall have been made for the protection and
+ security of a line of interoceanic communication, so
+ important at this time not to the United States only, but to
+ all other maritime states, both of Europe and America.
+ </p>
+ <p>
+ Meanwhile negotiations have been instituted, by means of a
+ special commission, to obtain from New Granada full indemnity
+ for injuries sustained by our citizens on the Isthmus and
+ satisfactory security for the general interests of the United
+ States.
+ </p>
+ <p>
+ In addressing to you my last annual message the occasion
+ seems to me an appropriate one to express my congratulations,
+ in view of the peace, greatness, and felicity which the
+ United States now possess and enjoy. To point you to the
+ state of the various Departments of the Government and of all
+ the great branches of the public service, civil and military,
+ in order to speak of the intelligence and the integrity which
+ pervades the whole, would be to indicate but imperfectly the
+ administrative condition of the country and the beneficial
+ effects of that on the general welfare. Nor would it suffice
+ to say that the nation is actually at peace at home and
+ abroad; that its industrial interests are prosperous; that
+ the canvas of its mariners whitens every sea, and the plow of
+ its husbandmen is marching steadily onward to the bloodless
+ conquest of the continent; that cities and populous States
+ are springing up, as if by enchantment, from the bosom of our
+ Western wilds, and that the courageous energy of our people
+ is making of these United States the great Republic of the
+ world. These results have not been attained without passing
+ through trials and perils, by experience of which, and thus
+ only, nations can harden into manhood. Our forefathers were
+ trained to the wisdom which conceived and the courage which
+ achieved independence by the circumstances which surrounded
+ them, and they were thus made capable of the creation of the
+ Republic. It devolved on the next generation to consolidate
+ the work of the Revolution, to deliver the country entirely
+ from the influences of conflicting transatlantic partialities
+ or antipathies which attached to our colonial and
+ Revolutionary history, and to organize the practical
+ operation of the constitutional and legal institutions of the
+ Union. To us of this generation remains the not less noble
+ task of maintaining and extending the national power. We have
+ at length reached that stage of our country's career in which
+ the dangers to be encountered and the exertions to be made
+ are the incidents, not of weakness, but of strength. In
+ foreign relations we have to attemper our power to the less
+ happy condition of other Republics in America and to place
+ ourselves in the calmness and conscious dignity of right by
+ the side of the greatest and wealthiest of the Empires of
+ Europe. In domestic relations we have to guard against the
+ shock of the discontents, the ambitions, the interests, and
+ the exuberant, and therefore sometimes irregular, impulses of
+ opinion or of action which are the natural product of the
+ present political elevation, the self-reliance, and the
+ restless spirit of enterprise of the people of the United
+ States.
+ </p>
+ <p>
+ I shall prepare to surrender the Executive trust to my
+ successor and retire to private life with sentiments of
+ profound gratitude to the good Providence which during the
+ period of my Administration has vouchsafed to carry the
+ country through many difficulties, domestic and foreign, and
+ which enables me to contemplate the spectacle of amicable and
+ respectful relations between ours and all other governments
+ and the establishment of constitutional order and
+ tranquillity throughout the Union.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ SPECIAL MESSAGES.
+ </h2>
+ <p class="r">
+ WASHINGTON, <i>December 2, 1856</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit herewith a report<a href="#note-63">63</a> from
+ the Secretary of State, in compliance with the resolution of
+ the House of Representatives of the 7th of August last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 8, 1856</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 Siam,
+ concluded at Bangkok on the 29th day of May last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 10, 1856</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 for the settlement of the questions
+ which have come into discussion between the United States and
+ Great Britain relative to Central America, concluded and
+ signed at London on the 17th day of October last between the
+ United States and Great Britain.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 12, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a copy of a letter of the 20th of May last from
+ the commissioner of the United States in China, and of the
+ decree and regulations<a href="#note-64">64</a> which
+ accompanied it, for such revision thereof as Congress may
+ deem expedient, pursuant to the sixth section of the act
+ approved 11th August, 1848.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 15, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit to Congress an extract from a letter of the 22d
+ ultimo from the governor of the Territory of Kansas to the
+ Secretary of State, with a copy of the executive
+ minutes<a href="#note-65">65</a> to which it refers. These
+ documents have been received since the date of my message at
+ the opening of the present session.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>December 29, 1856</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with, a resolution of the Senate of the 23d
+ instant, requesting the President "to communicate to the
+ Senate, if not incompatible with the public interest, such
+ information as he may have concerning the present condition
+ and prospects of a proposed plan for connecting by submarine
+ wires the magnetic telegraph lines on this continent and
+ Europe," I transmit the accompanying report from the
+ Secretary of State.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 6, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-66">66</a> in answer to
+ the resolution of the Senate of the 2d instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 12, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 4th
+ August, 1856, and 9th January instant, I transmit herewith a
+ report from the Secretary of State, together with the
+ documents<a href="#note-67">67</a> therein referred to.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 12, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I again transmit to the Senate, for its advice and consent
+ with a view to ratification, the convention between the
+ United States and His Majesty the King of the Netherlands,
+ for the mutual delivery of criminals fugitives from justice
+ in certain cases, and for other purposes, which was concluded
+ at The Hague on the 29th day of May, 1856.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 12, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-68">68</a> in answer to
+ the resolution of the Senate of the 7th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 12, 1857</i>.
+ </p>
+ <p>
+ The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+ </p>
+ <p>
+ In compliance with the resolution of the House of
+ Representatives of the 22d ultimo, in relation to information
+ with regard to expenditures and liabilities for persons
+ called into the service of the United States in the Territory
+ of Kansas, I transmit the accompanying report of the
+ Secretary of War.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 13, 1857</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 Republic of Peru relative to the rights of neutrals at
+ sea, signed at Lima by the plenipotentiaries of the parties
+ on the 22d of July last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 16, 1857</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, a treaty made and concluded at Fort
+ Leavenworth, Kansas Territory, on the 16th day of December,
+ 1856, between Indian Agent Benjamin F. Robinson, commissioner
+ on the part of the United States, the principal men of the
+ Christian Indians, and Gottleib F. Oehler, on behalf of the
+ board of elders of the northern diocese of the Church of the
+ United Brethren in the United States of America.
+ </p>
+ <p>
+ Among the papers which accompany the treaty is a
+ communication from the Commissioner of Indian Affairs,
+ containing a recommendation, concurred in by the Secretary of
+ the Interior, that the treaty be ratified with an amendment
+ which is therein explained.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 19, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ Soon after the close of the last session of Congress I
+ directed steps to be taken to carry into effect the joint
+ resolution of August 28, 1856 relative to the restoration of
+ the ship <i>Resolute</i> to Her Britannic Majesty's service.
+ The ship was purchased of the salvors at the sum appropriated
+ for the purchase, and "after being fully repaired and
+ equipped" was sent to England under control of the Secretary
+ of the Navy, The letter from Her Majesty's minister for
+ foreign affairs, now communicated to Congress in conformity
+ with his request, and copies of correspondence from the files
+ of the Departments of State and of the Navy, also transmitted
+ herewith, will apprise you of the manner in which the joint
+ resolution has been fully executed and show how agreeable the
+ proceeding has been to Her Majesty's Government.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate and House of Representatives</i>:
+ </p>
+ <p>
+ I transmit to Congress copies of a communication from His
+ Excellency Andrew Johnson, governor of the State of
+ Tennessee, tendering to the Government of the United States
+ "500 acres of the late residence of Andrew Jackson, deceased,
+ including the mansion, tomb, and other improvements, known as
+ the Hermitage," upon the terms and conditions of an act of
+ the legislature of said State, a copy of which is also
+ herewith communicated.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 20, 1857</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In response to a resolution of January 5, 1857, requesting
+ the President to inform the House of Representatives "by what
+ authority a Government architect is employed and paid for
+ designing and erecting all public buildings, and also for
+ placing said buildings under the supervision of military
+ engineers," I submit the accompanying reports from the
+ Secretary of the Treasury and the Secretary of War.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 21, 1857</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In further compliance with resolution of the House of
+ Representatives of the 22d ultimo, calling upon me for
+ "statements of the amounts of money paid and liabilities
+ incurred for the pay, support, and other expenses of persons
+ called into the service of the United States in the Territory
+ of Kansas, either under the designation of the militia of
+ Kansas or of posses summoned by the civil officers in that
+ Territory, since the date of its establishment; also
+ statements of the amounts paid to marshals, sheriffs, and
+ other deputies, and to witnesses and for other expenses in
+ the arrest, detention, and trial of persons charged in said
+ Territory with treason against the United States or with
+ violations of the alleged laws of said Territory," I transmit
+ a report from the Secretary of the Treasury, with
+ accompanying documents.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 28, 1857</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, a treaty made and concluded at Grand Portage,
+ in the Territory of Minnesota, on the 16th day of September,
+ 1856, between Henry C. Gilbert, Indian agent, acting as
+ commissioner on the part of the United States, and the Bois
+ Porte bands of Chippewa Indians, by their chiefs and headmen.
+ </p>
+ <p>
+ The treaty is accompanied by communications from the
+ Secretary of the Interior, transmitting a letter to him from
+ the Commissioner of Indian Affairs and a report from Agent
+ Gilbert of the 24th December, 1856.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>January 30, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate passed December
+ 23, 1856, requesting "any information upon the files of the
+ Department in relation to pay and emoluments of
+ Lieutenant-General Scott or his staff under the resolution of
+ February 15, 1855, which may not have been communicated in
+ Executive Document No. 56, first session Thirty-fourth
+ Congress," and a resolution passed December 30, requesting "a
+ statement of all payments and allowances which have been
+ made, and of all claims which have been disallowed, to Brevet
+ Lieutenant-General Scott from the date when he joined the
+ army serving in Mexico up to December 1, 1856," and "also
+ copies of all correspondence on file in the Executive
+ Departments relating to said claims, payments, or
+ allowances," I herewith transmit a report of the Secretary of
+ War, to whom the resolutions were referred in order that the
+ information, statements, and copies of correspondence therein
+ required might be prepared and furnished.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 4, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In answer to the resolutions of the Senate of yesterday,
+ adopted in executive session, I transmit reports<a href=
+ "#note-69">69</a> from the Secretary of State, to whom they
+ were referred.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 4, 1857</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying documents,<a href="#note-70">70</a> in answer to
+ the resolution of the House of December 26, 1854.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 9, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-71">71</a> in answer to
+ the resolution of the Senate of the 30th ultimo.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 11, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In further compliance with a resolution of the Senate of the
+ 5th instant, requesting me to communicate transcripts of
+ papers relative to the proclamation of martial law by
+ Governor Stevens, of Washington Territory, I transmit the
+ accompanying report from the Secretary of War.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 11, 1857</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 and commerce between
+ the United States and the Shah of Persia, signed by the
+ plenipotentiaries of the parties at Constantinople on the
+ 13th of December last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 11, 1857</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, articles of agreement and convention made and
+ concluded at the places and dates therein named by Joel
+ Palmer, superintendent of Indian affairs, on the part of the
+ United States, and the chiefs and headmen of the confederate
+ tribes and bands of Indians residing along the coast west of
+ the summit of the Coast Range of mountains and between the
+ Columbia River on the north and the southern boundary of
+ Oregon on the south. A letter from the Secretary of the
+ Interior, including one from the Commissioner of Indian
+ Affairs, accompanies the treaty.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 14, 1857</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the House of
+ Representatives of the 19th ultimo, requesting me "to furnish
+ to the House all correspondence and documents, not
+ incompatible with the public interest, relating to Indian
+ affairs in the Department of the Pacific, those of the
+ Interior as well as those of the War Department," I transmit
+ the accompanying report and documents from the Secretary of
+ War.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February, 1857</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith a letter of the Secretary of War,
+ recommending an appropriation of $10,000 for the purpose of
+ instituting a series of researches for the discovery of a
+ more efficient mode of manufacturing niter.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 16, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with the resolution of the Senate of the 4th of
+ August last, calling for information in relation to certain
+ internal improvements, I transmit reports<a href=
+ "#note-72">72</a> from the Secretary of the Treasury and the
+ Secretary of War.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 19, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit for the consideration of the Senate with a view to
+ ratification a consular convention between the United States
+ and the Republic of Chili, signed by the plenipotentiaries of
+ the parties at the city of Santiago on the 1st day of
+ December last.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>February 23, 1857</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ I transmit a report from the Secretary of State, with
+ accompanying papers,<a href="#note-73">73</a> in answer to
+ the resolution of the House of Representatives of the 6th
+ instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I transmit herewith a report from the Attorney-General, in
+ reply to the resolution<a href="#note-74">74</a> of the
+ Senate in executive session of the 19th instant.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ FEBRUARY 23, 1857.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith a report from the Attorney-General, in
+ reply to the resolution of the Senate of the 20th instant,
+ asking for correspondence of Samuel D. Lecompte, chief
+ justice of the Territory of Kansas.<a href="#note-75">75</a>
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ FEBRUARY 23, 1857.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 2, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ I communicate herewith a letter<a href="#note-76">76</a> from
+ the Secretary of the Navy, in response to a resolution of the
+ Senate of August 15, 1856.
+ </p>
+ <p>
+ Concurring in the views presented in the documents to which
+ the Secretary of the Navy refers, I am not prepared at this
+ time to recommend any legislation on the subject.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 2, 1857</i>.
+ </p>
+ <p>
+ <i>To the Senate of the United States</i>:
+ </p>
+ <p>
+ In compliance with a resolution of the Senate of the 20th
+ ultimo, in relation to correspondence between the Treasury
+ and Interior Departments and Edward F. Beale, late
+ superintendent of Indian affairs in California, and accounts
+ of remittances, etc., I transmit the accompanying report from
+ the Secretary of the Treasury.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p class="r">
+ WASHINGTON, <i>March 3, 1857</i>.
+ </p>
+ <p>
+ <i>To the House of Representatives</i>:
+ </p>
+ <p>
+ As a further answer to resolutions of the House of
+ Representatives adopted on the 6th and 10th of February, I
+ transmit a second report from the Secretary of State,
+ relating to the "accounts," "claims," and "difficulties" at
+ Constantinople, referred to in said resolutions.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ PROCLAMATION.
+ </h2>
+ <h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+ </h3>
+ <h4>
+ A PROCLAMATION.
+ </h4>
+ <p>
+ Whereas objects of interest to the United States require that
+ the Senate should be convened at 12 o'clock on the 4th of
+ March next to receive and act upon such communications as may
+ be made to it on the part of the Executive:
+ </p>
+ <p>
+ Now, therefore, I, Franklin Pierce, President of the United
+ States, have considered it to be my duty to issue this my
+ proclamation, 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 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 16th day of February, A.D. 1857, and of the
+ Independence of the United States the eighty-first.
+ </p>
+ <p class="r">
+ FRANKLIN PIERCE.
+ </p>
+ <p>
+ <br>
+ By the President:<br>
+ W.L. MARCY,<br>
+ <i>Secretary of State</i>.
+ </p>
+ <hr>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <p>
+ &nbsp;
+ </p>
+ <h2>
+ FOOTNOTES
+ </h2><a name="note-1"><!--Note--></a>
+ <p class="foot">
+ <u>1</u> Correspondence relative to the treaty of Wathington
+ of July 4, 1850, between Great Britain and the United States
+ </p><a name="note-2"><!--Note--></a>
+ <p class="foot">
+ <u>2</u> Correspondence with and orders to commanders of
+ vessels or squadrons on the Atlantic coast of British North
+ America relative to protecting the rights of fishing and
+ navigation secured to citizens of the United States under
+ treaties with Great Britain.
+ </p><a name="note-3"><!--Note--></a>
+ <p class="foot">
+ <u>3</u> Relating to seizure and imprisonment by Spanish
+ authorities at Puerto Rico of officers and crew of schooner
+ <i>North Carolina</i>.
+ </p><a name="note-4"><!--Note--></a>
+ <p class="foot">
+ <u>4</u> Relating to a complimentary mission to the United
+ States of Archbishop Gaetano Bedini, apostolic nuncio to the
+ Empire of Brazil, for the purpose of conveying, in the name
+ of Pope Pius IX, sentiments of regard for the President of
+ the United States.
+ </p><a name="note-5"><!--Note--></a>
+ <p class="foot">
+ <u>5</u> Correspondence with the American charge to Austria
+ relative to the claim of Simon Tousig to the protection of
+ the United States.
+ </p><a name="note-6"><!--Note--></a>
+ <p class="foot">
+ <u>6</u> Requesting a statement of the privileges and
+ restrictions of the commercial intercourse of the United
+ States with foreign nations and a comparative statement
+ between the tariff of the United States and other nations.
+ </p><a name="note-7"><!--Note--></a>
+ <p class="foot">
+ <u>7</u> Relating to the repair of the United States frigate
+ <i>Susquehanna</i> at Rio de Janeiro.
+ </p><a name="note-8"><!--Note--></a>
+ <p class="foot">
+ <u>8</u> Communications from the American legation at
+ Constantinople respecting the seizure of Martin Koszta by
+ Austrian authorities at Smyrna.
+ </p><a name="note-9"><!--Note--></a>
+ <p class="foot">
+ <u>9</u> Correspondence with R.C. Schenck, United States
+ minister to Brazil, relative to the African slave trade.
+ </p><a name="note-10"><!--Note--></a>
+ <p class="foot">
+ <u>10</u> Correspondence with the Mexican Republic touching
+ the eleventh article of the treaty of Guadalupe Hidalgo, and
+ copies of instructions on that subject to the United States
+ minister to Mexico.
+ </p><a name="note-11"><!--Note--></a>
+ <p class="foot">
+ <u>11</u> Correspondence relative to the imprisonment, etc.,
+ of James H. West in the island of Cuba.
+ </p><a name="note-12"><!--Note--></a>
+ <p class="foot">
+ <u>12</u> Area of each State and Territory; extent of the
+ public domain remaining in each State and Territory, and the
+ extent alienated by sales, grants, etc.
+ </p><a name="note-13"><!--Note--></a>
+ <p class="foot">
+ <u>13</u> Instructions and correspondence relative to the
+ negotiation of the treaty with Mexico of December 30, 1853,
+ etc.
+ </p><a name="note-14"><!--Note--></a>
+ <p class="foot">
+ <u>14</u> Correspondence relative to the seizure of Martin
+ Koszta by Austrian authorities at Smyrna.
+ </p><a name="note-15"><!--Note--></a>
+ <p class="foot">
+ <u>15</u> Relating to violations of the rights of American
+ citizens by Spanish authorities and their refusal to allow
+ United States vessels to enter ports of Cuba, etc.
+ </p><a name="note-16"><!--Note--></a>
+ <p class="foot">
+ <u>16</u> Relating to expeditions organized in California for
+ the invasion of Sonora, Mexico.
+ </p><a name="note-17"><!--Note--></a>
+ <p class="foot">
+ <u>17</u> Stating that the correspondence relative to the
+ refusal by the authorities of Cuba to permit the United
+ States mail steamer <i>Crescent City</i> to land mail and
+ passengers at Havana had been transmitted with the message to
+ the House of April 5, 1854.
+ </p><a name="note-18"><!--Note--></a>
+ <p class="foot">
+ <u>18</u> Relating to claims growing out of the eleventh
+ article of the treaty of Guadalupe Hidalgo.
+ </p><a name="note-19"><!--Note--></a>
+ <p class="foot">
+ <u>19</u> Correspondence relative to the seizure of Martin
+ Koszta by Austrian authorities at Smyrna.
+ </p><a name="note-20"><!--Note--></a>
+ <p class="foot">
+ <u>20</u> Relating to the abrogation of the eleventh article
+ of the treaty of Guadalupe Hidalgo, etc.
+ </p><a name="note-21"><!--Note--></a>
+ <p class="foot">
+ <u>21</u> Relating to the application of Rev. James Cook
+ Richmond for redress of wrongs alleged to have been committed
+ by Austrian authorities in Pest, and to the refusal to grant
+ an exequatur upon the commission of the United States consul
+ appointed for Trieste.
+ </p><a name="note-22"><!--Note--></a>
+ <p class="foot">
+ <u>22</u> Correspondence relative to the arrest and detention
+ at Bremen of Conrad Schmidt, and arrest and maltreatment at
+ Heidelberg of E.T. Dana, W.B. Dingle, and David Ramsay, all
+ citizens of the United States; correspondence with the King
+ of Prussia relative to religious toleration.
+ </p><a name="note-23"><!--Note--></a>
+ <p class="foot">
+ <u>23</u> Relating to the impressment of seamen from the
+ United States whale ship <i>Addison</i> at Valparaiso, and
+ imprisonment of William A. Stewart, an American citizen, at
+ Valparaiso on the charge of murder, and on conviction
+ released by Chilean authorities.
+ </p><a name="note-24"><!--Note--></a>
+ <p class="foot">
+ <u>24</u> Relating to the rights accorded to neutrals and the
+ rights claimed by belligerents in the war between certain
+ European powers.
+ </p><a name="note-25"><!--Note--></a>
+ <p class="foot">
+ <u>25</u> Correspondence relative to the difficulties between
+ Rev. Jonas King and the Government of Greece.
+ </p><a name="note-26"><!--Note--></a>
+ <p class="foot">
+ <u>26</u> Researches of H.S. Sanford, late charg&eacute;
+ d'affaires at Paris, on the condition of penal law in
+ continental Europe, etc.; also a "Memoir on the
+ Administrative Changes in France since the Revolution of
+ 1848," by H.S. Sanford.
+ </p><a name="note-27"><!--Note--></a>
+ <p class="foot">
+ <u>27</u> Correspondence relative to the imposition of Sound
+ dues, etc., upon United States commerce to the Baltic.
+ </p><a name="note-28"><!--Note--></a>
+ <p class="foot">
+ <u>28</u> Relating to the instructions referred to by
+ President Monroe in his annual message of December 2, 1823,
+ on the subject of the issue of commissions to private armed
+ vessels.
+ </p><a name="note-29"><!--Note--></a>
+ <p class="foot">
+ <u>29</u> Correspondence of the American minister to Turkey
+ relative to the expulsion of the Greeks from Constantinople.
+ </p><a name="note-30"><!--Note--></a>
+ <p class="foot">
+ <u>30</u> Report of the United States naval astronomical
+ expedition to the Southern Hemisphere.
+ </p><a name="note-31"><!--Note--></a>
+ <p class="foot">
+ <u>31</u> Correspondence of Humphrey Marshall, commissioner
+ to China.
+ </p><a name="note-32"><!--Note--></a>
+ <p class="foot">
+ <u>32</u> Correspondence relative to the imprisonment of
+ George Marsden and to the seizure of the cargo of the
+ American bark <i>Griffon</i> by the authorities of Brazil.
+ </p><a name="note-33"><!--Note--></a>
+ <p class="foot">
+ <u>33</u> Correspondence of the American consul-general at
+ Cairo relative to the expulsion of the Greeks from Egypt.
+ </p><a name="note-34"><!--Note--></a>
+ <p class="foot">
+ <u>34</u> Correspondence relative to difficulties between
+ Rev. Jonas King and the Government of Greece.
+ </p><a name="note-35"><!--Note--></a>
+ <p class="foot">
+ <u>35</u> Relating to the case of Walter M. Gibson, held in
+ duress by the Dutch authorities at Batavia, island of Java,
+ on a charge of having attempted to excite the native chiefs
+ of Sumatra to throw off their allegiance to the Dutch
+ Government.
+ </p><a name="note-36"><!--Note--></a>
+ <p class="foot">
+ <u>36</u> Relating to affairs on the Pacific Coast.
+ </p><a name="note-37"><!--Note--></a>
+ <p class="foot">
+ <u>37</u> For payment of interest due the Cherokee Indians.
+ </p><a name="note-38"><!--Note--></a>
+ <p class="foot">
+ <u>38</u> Relating to the expenses necessary to be incurred
+ in colonizing the Texas Indians.
+ </p><a name="note-39"><!--Note--></a>
+ <p class="foot">
+ <u>39</u> Arrested and imprisoned at Acapulco, Mexico.
+ </p><a name="note-40"><!--Note--></a>
+ <p class="foot">
+ <u>40</u> Stating that the information relative to the
+ applicability to the Spanish colonies of the treaty of 1795
+ with Spain, and whether American citizens residing in said
+ colonies are entitled to the benefits of its provisions, had
+ been already transmitted.
+ </p><a name="note-41"><!--Note--></a>
+ <p class="foot">
+ <u>41</u> Recommending an appropriation to supply a deficit
+ in the amount held on Indian account, caused by the failure
+ of Selden, Withers &amp; Co., with whom it was deposited.
+ </p><a name="note-42"><!--Note--></a>
+ <p class="foot">
+ <u>42</u> For extending and improving the culvert running
+ from the United States Capitol Grounds down the center of
+ South Capitol street toward the canal.
+ </p><a name="note-43"><!--Note--></a>
+ <p class="foot">
+ <u>43</u> Proposing a settlement of the Lobos Islands
+ controversy.
+ </p><a name="note-44"><!--Note--></a>
+ <p class="foot">
+ <u>44</u> To fulfill treaty stipulations with the Wyandotte
+ Indians.
+ </p><a name="note-45"><!--Note--></a>
+ <p class="foot">
+ <u>45</u> Late United States consul at Acapulco, relative to
+ outrages committed upon him by authorities of Mexico.
+ </p><a name="note-46"><!--Note--></a>
+ <p class="foot">
+ <u>46</u> For surveying public lands in the northern part of
+ Minnesota Territory acquired from the Chippewa Indians.
+ </p><a name="note-47"><!--Note--></a>
+ <p class="foot">
+ <u>47</u> For running the boundary line between the Chickasaw
+ and Choctaw nations of Indians and for negotiations with the
+ Menominee Indians.
+ </p><a name="note-48"><!--Note--></a>
+ <p class="foot">
+ <u>48</u> Estimates of appropriations necessary for carrying
+ out the bounty-land law.
+ </p><a name="note-49"><!--Note--></a>
+ <p class="foot">
+ <u>49</u> Additional estimate of appropriations necessary for
+ pay of Indian agents.
+ </p><a name="note-50"><!--Note--></a>
+ <p class="foot">
+ <u>50</u> Correspondence relative to the causes disturbing
+ the friendly relations between Spain and the United States
+ and instructions to United States diplomatic agents relative
+ to the same; correspondence relative to Cuba, etc.
+ </p><a name="note-51"><!--Note--></a>
+ <p class="foot">
+ <u>51</u> Letter of Lord John Russell declaring that the
+ British Government intends to adhere to the treaty of
+ Washington of April 19, 1850, and not to assume any
+ sovereignty in Central America.
+ </p><a name="note-52"><!--Note--></a>
+ <p class="foot">
+ <u>52</u> Relating to the enlistment of soldiers within the
+ United States by agents of the British Government.
+ </p><a name="note-53"><!--Note--></a>
+ <p class="foot">
+ <u>53</u> Relating to an offer of the British Government to
+ refer to the arbitrament of some friendly power the questions
+ of difference between the United States and Great Britain
+ upon the construction of the convention of April 19, 1850.
+ </p><a name="note-54"><!--Note--></a>
+ <p class="foot">
+ <u>54</u> Correspondence relative to transportation of the
+ mails, etc., over the Illinois Central Railroad.
+ </p><a name="note-55"><!--Note--></a>
+ <p class="foot">
+ <u>55</u> Correspondence relative to transportation of the
+ mails, etc., over the Illinois Central Railroad.
+ </p><a name="note-56"><!--Note--></a>
+ <p class="foot">
+ <u>56</u> Dispatch from the United States minister at Naples
+ relative to the saving from shipwreck of certain American
+ vessels and their crews by officers of the Neapolitan navy
+ and marine service.
+ </p><a name="note-57"><!--Note--></a>
+ <p class="foot">
+ <u>57</u> Claim of Richard W. Thompson for alleged services
+ to the Menominee Indians.
+ </p><a name="note-58"><!--Note--></a>
+ <p class="foot">
+ <u>58</u> Relating to indemnification by the Spanish
+ Government of the captains, owners, and crews of the bark
+ <i>Georgiana</i> and the brig <i>Susan Loud</i> for their
+ capture and confiscation by the Spanish authorities.
+ </p><a name="note-59"><!--Note--></a>
+ <p class="foot">
+ <u>59</u> Stating that no information relative to the action
+ of the leading powers of Europe on the subject of
+ privateering has been officially communicated by any foreign
+ government.
+ </p><a name="note-60"><!--Note--></a>
+ <p class="foot">
+ <u>60</u> Instructions to Mr Buchanan, late minister to
+ England, on the subject of free ships making free goods, and
+ letter from Mr. Buchanan to Lord Clarendon on the same
+ subject.
+ </p><a name="note-61"><!--Note--></a>
+ <p class="foot">
+ <u>61</u> Relating to "The declaration concerning maritime
+ law," adopted by the plenipotentiaries of Great Britain,
+ Austria, France, Prussia, Russia, Sardinia, and Turkey at
+ Paris April 16, 1856.
+ </p><a name="note-62"><!--Note--></a>
+ <p class="foot">
+ <u>62</u> Relating to the Capitol extension.
+ </p><a name="note-63"><!--Note--></a>
+ <p class="foot">
+ <u>63</u> Stating that the correspondence in the Departments
+ of State and of the Navy relative to Hamet Caramally had been
+ transmitted to Congress.
+ </p><a name="note-64"><!--Note--></a>
+ <p class="foot">
+ <u>64</u> For judicial jurisdiction by acting consuls or
+ vice-consuls of the United States in China.
+ </p><a name="note-65"><!--Note--></a>
+ <p class="foot">
+ <u>65</u> Containing a history of Kansas affairs.
+ </p><a name="note-66"><!--Note--></a>
+ <p class="foot">
+ <u>66</u> Relating to the refusal of the minister to the
+ United States from the Netherlands to testify before the
+ criminal court of the District of Columbia.
+ </p><a name="note-67"><!--Note--></a>
+ <p class="foot">
+ <u>67</u> Relating to the claims of certain American citizens
+ for losses consequent upon their expulsion by Venezuelan
+ authorities from one of the Aves Islands, while collecting
+ guano.
+ </p><a name="note-68"><!--Note--></a>
+ <p class="foot">
+ <u>68</u> Correspondence and documents connected with the
+ treaty concluded at London between the United States and
+ Great Britain October 17, 1856, relative to Central America.
+ </p><a name="note-69"><!--Note--></a>
+ <p class="foot">
+ <u>69</u> Relating to the convention between Great Britain
+ and Honduras respecting the island of Ruatan.
+ </p><a name="note-70"><!--Note--></a>
+ <p class="foot">
+ <u>70</u> Consular returns on shipping, shipbuilding, etc.,
+ in foreign countries.
+ </p><a name="note-71"><!--Note--></a>
+ <p class="foot">
+ <u>71</u> Relating to the proclamation of martial law in
+ Washington Territory, etc.
+ </p><a name="note-72"><!--Note--></a>
+ <p class="foot">
+ <u>72</u> Appropriations made by Congress within eleven years
+ for light-houses, beacons, buoys, etc, on Lakes Superior,
+ Michigan, Huron, St. Clair, Erie, Ontario, and Champlain;
+ duties collected and expenses of collection at each of the
+ lake ports annually for eleven fiscal years, ending June 30,
+ 1856; tonnage of the lake ports, etc.
+ </p><a name="note-73"><!--Note--></a>
+ <p class="foot">
+ <u>73</u> Relating to the claim of F. Dainese for salary,
+ expenses, etc., while acting consul at Constantinople.
+ </p><a name="note-74"><!--Note--></a>
+ <p class="foot">
+ <u>74</u> Asking whether Samuel D. Lecompte has been allowed
+ to perform the functions of chief justice of the Territory of
+ Kansas since the nomination of J.O. Harrison to that office.
+ </p><a name="note-75"><!--Note--></a>
+ <p class="foot">
+ <u>75</u> Explanatory of his judicial conduct in the
+ Territory of Kansas.
+ </p><a name="note-76"><!--Note--></a>
+ <p class="foot">
+ <u>76</u> Relating to the discontinuance or change of
+ location of any navy-yard or naval station on the Atlantic
+ Seaboard.
+ </p>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of A Compilation of the Messages and
+Papers of the Presidents, by James D. Richardson
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+The Project Gutenberg EBook of A Compilation of the Messages and Papers of
+the Presidents, 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
+ Section 3 (of 4) of Volume 5: Franklin Pierce
+
+Author: James D. Richardson
+
+Release Date: February 17, 2004 [EBook #11125]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK FRANKLIN PIERCE ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+
+BY JAMES D. RICHARDSON
+
+
+Franklin Pierce
+
+March 4, 1853, to March 4, 1857
+
+
+
+Franklin Pierce
+
+
+Franklin Pierce was born in Hillsboro, N.H., November 23, 1804. Was
+the fourth son of Benjamin and Anna Pierce. His father was a citizen of
+Massachusetts; was a soldier in the War of the Revolution, attaining the
+rank of captain and brevet major. After peace was declared he removed
+from Massachusetts to New Hampshire and located near what is now
+Hillsboro. His first wife was Elizabeth Andrews, who died at an early
+age. His second wife, the mother of Franklin Pierce, was Anna Kendrick,
+of Amherst, N.H. He was sheriff of his county, a member of the State
+legislature and of the governor's council, and was twice chosen governor
+of his State (as a Democrat), first in 1827 and again in 1829, For many
+years he was declared to be "the most influential man in New Hampshire,"
+He died in 1839. Franklin was given an academic education in well-known
+institutions at Hancock, Francestown, and Exeter, and in 1820 was sent
+to Bowdoin College, His college mates there were John P. Hale, his
+future political rival; Professor Calvin E. Stowe; Sergeant S. Prentiss,
+the distinguished orator; Henry W. Longfellow, and Nathaniel Hawthorne,
+his future biographer and lifelong friend. He graduated in 1824, being
+third in his class. After taking his degree he began the study of law
+at Portsmouth in the office of Levi Woodbury, where he remained about
+a year. Afterwards spent two years in the law school at Northampton,
+Mass., and in the office of Judge Edmund Parker, at Amherst, N.H.
+In 1827 was admitted to the bar and began practice in his native
+town. Espoused the cause of Andrew Jackson with ardor, and in 1829 was
+elected to represent his native town in the legislature, where by three
+subsequent elections he served four years, the last two as speaker.
+In 1833 was elected to represent his native district in the lower House
+of Congress, where he remained four years; served on the Judiciary and
+other important committees. His first important speech in the House was
+delivered in 1834 upon the necessity of economy and of watchfulness
+against frauds in the payment of Revolutionary claims. In 1834 married
+Miss Jane Means Appleton, daughter of Rev. Jesse Appleton, president of
+Bowdoin College. In 1837 was elected to the United States Senate. On
+account of ill health of his wife, deeming it best for her to return to
+New Hampshire, on June 28, 1842, resigned his seat, and returning to his
+home resumed the practice of the law. In 1838 he changed his residence
+from Hillsboro to Concord. In 1845 declined an appointment to the United
+States Senate to fill a vacancy. Also declined the nomination for
+governor, tendered by the Democratic State convention, and in 1845 an
+appointment to the office of Attorney-General of the United States,
+tendered by President Polk. In 1846, when the war with Mexico began, he
+enlisted as a private in a volunteer company organized at Concord; was
+soon afterwards commissioned colonel of the Ninth Regiment of Infantry;
+March 3, 1847, was commissioned brigadier-general in the Volunteer Army,
+and on March 27 embarked for Mexico, arriving at Vera Cruz June 28.
+August 6, 1847, joined General Scott with his brigade at Puebla, and
+soon set out for the capture of the City of Mexico. Took part in the
+battle of Contreras September 19, 1847, in which engagement he was
+severely injured by being thrown from his horse. The next day, not
+having recovered, he undertook to accompany his brigade in action
+against the enemy, when he fainted. He persisted in remaining on duty
+in the subsequent operations of the Army. His conduct and services were
+spoken of in high terms by his superior officers, Generals Scott, Worth,
+and Pillow. Before the battle of Molino del Rey was appointed one of the
+American commissioners in the effort for peace, a truce being declared
+for that purpose. The effort failed and the fighting was renewed.
+Participated in the battle of Molino del Rey and continued on duty till
+peace was declared. Resigned his commission in March, 1848, and returned
+to his home. The same month the legislature of his State voted him
+a sword of honor in appreciation of his services in the war. Resumed
+his law practice and was highly successful. In 1850 was a member
+of the constitutional convention which met at Concord to amend the
+constitution of New Hampshire, and was chosen to preside over its
+deliberations; he favored the removal of the religious-test clause in
+the old constitution, by which Roman Catholics were disqualified from
+holding office in the State, and also the abolition of any "property
+qualification;" he carried these amendments through the convention,
+but the people defeated them at the election. In January, 1852, the
+Democratic State convention of New Hampshire declared for him for
+President, but in a letter January 12 he positively refused to permit
+the delegation to present his name. The national convention of the party
+met at Baltimore June 1, 1852. On the fourth day he was nominated for
+President, and was elected in November, receiving 254 electoral votes,
+while his opponent, General Scott, received only 42. Was inaugurated
+March 4, 1853. In 1856 he was voted for by his friends in the national
+Democratic convention for renomination, but was unsuccessful. Upon the
+expiration of his term as President he retired to his home at Concord,
+where he resided the remainder of his life. Died October 8, 1869, and
+was buried at Concord.
+
+
+
+
+INAUGURAL ADDRESS.
+
+
+My Countrymen: It is a relief to feel that no heart but my own can know
+the personal regret and bitter sorrow over which I have been borne to a
+position so suitable for others rather than desirable for myself.
+
+The circumstances under which I have been called for a limited period to
+preside over the destinies of the Republic fill me with a profound sense
+of responsibility, but with nothing like shrinking apprehension. I
+repair to the post assigned me not as to one sought, but in obedience to
+the unsolicited expression of your will, answerable only for a fearless,
+faithful, and diligent exercise of my best powers. I ought to be,
+and am, truly grateful for the rare manifestation of the nation's
+confidence; but this, so far from lightening my obligations, only adds
+to their weight. You have summoned me in my weakness; you must sustain
+me by your strength. When looking for the fulfillment of reasonable
+requirements, you will not be unmindful of the great changes which have
+occurred, even within the last quarter of a century, and the consequent
+augmentation and complexity of duties imposed in the administration both
+of your home and foreign affairs.
+
+Whether the elements of inherent force in the Republic have kept pace
+with its unparalleled progression in territory, population, and wealth
+has been the subject of earnest thought and discussion on both sides of
+the ocean. Less than sixty-four years ago the Father of his Country made
+"the" then "recent accession of the important State of North Carolina
+to the Constitution of the United States" one of the subjects of his
+special congratulation. At that moment, however, when the agitation
+consequent upon the Revolutionary struggle had hardly subsided, when
+we were just emerging from the weakness and embarrassments of the
+Confederation, there was an evident consciousness of vigor equal to the
+great mission so wisely and bravely fulfilled by our fathers. It was not
+a presumptuous assurance, but a calm faith, springing from a clear view
+of the sources of power in a government constituted like ours. It is
+no paradox to say that although comparatively weak the new-born nation
+was intrinsically strong. Inconsiderable in population and apparent
+resources, it was upheld by a broad and intelligent comprehension of
+rights and an all-pervading purpose to maintain them, stronger than
+armaments. It came from the furnace of the Revolution, tempered to the
+necessities of the times. The thoughts of the men of that day were as
+practical as their sentiments were patriotic. They wasted no portion of
+their energies upon idle and delusive speculations, but with a firm
+and fearless step advanced beyond the governmental landmarks which had
+hitherto circumscribed the limits of human freedom and planted their
+standard, where it has stood against dangers which have threatened from
+abroad, and internal agitation, which has at times fearfully menaced at
+home. They proved themselves equal to the solution of the great problem,
+to understand which their minds had been illuminated by the dawning
+lights of the Revolution. The object sought was not a thing dreamed
+of; it was a thing realized. They had exhibited not only the power to
+achieve, but, what all history affirms to be So much more unusual, the
+capacity to maintain. The oppressed throughout the world from that day
+to the present have turned their eyes hitherward, not to find those
+lights extinguished or to fear lest they should wane, but to be
+constantly cheered by their steady and increasing radiance.
+
+In this our country has, in my judgment, thus far fulfilled its highest
+duty to suffering humanity. It has spoken and will continue to speak,
+not only by its words, but by its acts, the language of sympathy,
+encouragement, and hope to those who earnestly listen to tones which
+pronounce for the largest rational liberty. But after all, the most
+animating encouragement and potent appeal for freedom will be its own
+history--its trials and its triumphs. Preeminently, the power of our
+advocacy reposes in our example; but no example, be it remembered,
+can be powerful for lasting good, whatever apparent advantages may be
+gained, which is not based upon eternal principles of right and justice.
+Our fathers decided for themselves, both upon the hour to declare and
+the hour to strike. They were their own judges of the circumstances
+under which it became them to pledge to each other "their lives, their
+fortunes, and their sacred honor" for the acquisition of the priceless
+inheritance transmitted to us. The energy with which that great conflict
+was opened and, under the guidance of a manifest and beneficent
+Providence, the uncomplaining endurance with which it was prosecuted to
+its consummation were only surpassed by the wisdom and patriotic spirit
+of concession which characterized all the counsels of the early fathers.
+
+One of the most impressive evidences of that wisdom is to be found in
+the fact that the actual working of our system has dispelled a degree of
+solicitude which at the outset disturbed bold hearts and far-reaching
+intellects. The apprehension of dangers from extended territory,
+multiplied States, accumulated wealth, and augmented population has
+proved to be unfounded. The stars upon your banner have become nearly
+threefold their original number; your densely populated possessions
+skirt the shores of the two great oceans; and yet this vast increase
+of people and territory has not only shown itself compatible with
+the harmonious action of the States and Federal Government in their
+respective constitutional spheres, but has afforded an additional
+guaranty of the strength and integrity of both.
+
+With an experience thus suggestive and cheering, the policy of my
+Administration will not be controlled by any timid forebodings of evil
+from expansion. Indeed, it is not to be disguised that our attitude as a
+nation and our position on the globe render the acquisition of certain
+possessions not within our jurisdiction eminently important for our
+protection, if not in the future essential for the preservation of the
+rights of commerce and the peace of the world. Should they be obtained,
+it will be through no grasping spirit, but with a view to obvious
+national interest and security, and in a manner entirely consistent with
+the strictest observance of national faith. We have nothing in our
+history or position to invite aggression; we have everything to beckon
+us to the cultivation of relations of peace and amity with all nations.
+Purposes, therefore, at once just and pacific will be significantly
+marked in the conduct of our foreign affairs. I intend that my
+Administration shall leave no blot upon our fair record, and trust I may
+safely give the assurance that no act within the legitimate scope of my
+constitutional control will be tolerated on the part of any portion of
+our citizens which can not challenge a ready justification before the
+tribunal of the civilized world. An Administration would be unworthy of
+confidence at home or respect abroad should it cease to be influenced by
+the conviction that no apparent advantage can be purchased at a price so
+dear as that of national wrong or dishonor. It is not your privilege as
+a nation to speak of a distant past. The striking incidents of your
+history, replete with instruction and furnishing abundant grounds for
+hopeful confidence, are comprised in a period comparatively brief.
+But if your past is limited, your future is boundless. Its obligations
+throng the unexplored pathway of advancement, and will be limitless as
+duration. Hence a sound and comprehensive policy should embrace not less
+the distant future than the urgent present.
+
+The great objects of our pursuit as a people are best to be attained by
+peace, and are entirely consistent with the tranquillity and interests
+of the rest of mankind. With the neighboring nations upon our continent
+we should cultivate kindly and fraternal relations. We can desire
+nothing in regard to them so much as to see them consolidate their
+strength and pursue the paths of prosperity and happiness. If in the
+course of their growth we should open new channels of trade and create
+additional facilities for friendly intercourse, the benefits realized
+will be equal and mutual, Of the complicated European systems of
+national polity we have heretofore been independent. From their wars,
+their tumults, and anxieties we have been, happily, almost entirely
+exempt. Whilst these are confined to the nations which gave them
+existence, and within their legitimate jurisdiction, they can not affect
+us except as they appeal to our Sympathies in the cause of human freedom
+and universal advancement. But the vast interests of commerce are
+common to all mankind, and the advantages of trade and international
+intercourse must always present a noble field for the moral influence
+of a great people.
+
+With these views firmly and honestly carried out, we have a right to
+expect, and shall under all circumstances require, prompt reciprocity.
+The rights which belong to us as a nation are not alone to be regarded,
+but those which pertain to every citizen in his individual capacity, at
+home and abroad, must be sacredly maintained. So long as he can discern
+every star in its place upon that ensign, without wealth to purchase
+for him preferment or title to secure for him place, it will be his
+privilege, and must be his acknowledged right, to stand unabashed even
+in the presence of princes, with a proud consciousness that he is
+himself one of a nation of sovereigns and that he can not in legitimate
+pursuit wander so far from home that the agent whom he shall leave
+behind in the place which I now occupy will not see that no rude hand
+of power or tyrannical passion is laid upon him with impunity. He must
+realize that upon every sea and on every soil where our enterprise may
+rightfully seek the protection of our flag American citizenship is an
+inviolable panoply for the security of American rights. And in this
+connection it can hardly be necessary to reaffirm a principle which
+should now be regarded as fundamental. The rights, security, and repose
+of this Confederacy reject the idea of interference or colonization on
+this side of the ocean by any foreign power beyond present jurisdiction
+as utterly inadmissible.
+
+The opportunities of observation furnished by my brief experience as a
+soldier confirmed in my own mind the opinion, entertained and acted upon
+by others from the formation of the Government, that the maintenance of
+large standing armies in our country would be not only dangerous, but
+unnecessary. They also illustrated the importance--I might well say
+the absolute necessity--of the military science and practical skill
+furnished in such an eminent degree by the institution which has made
+your Army what it is, under the discipline and instruction of officers
+not more distinguished for their solid attainments, gallantry, and
+devotion to the public service than for unobtrusive bearing and high
+moral tone. The Army as organized must be the nucleus around which in
+every time of need the strength of your military power, the sure bulwark
+of your defense--a national militia--may be readily formed into a
+well-disciplined and efficient organization. And the skill and
+self-devotion of the Navy assure you that you may take the performance
+of the past as a pledge for the future, and may confidently expect that
+the flag which has waved its untarnished folds over every sea will still
+float in undiminished honor. But these, like many other subjects, will
+be appropriately brought at a future time to the attention of the
+coordinate branches of the Government, to which I shall always look
+with profound respect and with trustful confidence that they will accord
+to me the aid and support which I shall so much need and which their
+experience and wisdom will readily suggest.
+
+In the administration of domestic affairs you expect a devoted
+integrity in the public service and an observance of rigid economy
+in all departments, so marked as never justly to be questioned. If this
+reasonable expectation be not realized, I frankly confess that one of
+your leading hopes is doomed to disappointment, and that my efforts
+in a very important particular must result in a humiliating failure.
+Offices can be properly regarded only in the light of aids for the
+accomplishment of these objects, and as occupancy can confer no
+prerogative nor importunate desire for preferment any claim, the public
+interest imperatively demands that they be considered with sole
+reference to the duties to be performed. Good citizens may well claim
+the protection of good laws and the benign influence of good government,
+but a claim for office is what the people of a republic should never
+recognize. No reasonable man of any party will expect the Administration
+to be so regardless of its responsibility and of the obvious elements
+of success as to retain persons known to be under the influence of
+political hostility and partisan prejudice in positions which will
+require not only severe labor, but cordial cooperation. Having no
+implied engagements to ratify, no rewards to bestow, no resentments to
+remember, and no personal wishes to consult in selections for official
+station, I shall fulfill this difficult and delicate trust, admitting
+no motive as worthy either of my character or position which does not
+contemplate an efficient discharge of duty and the best interests of my
+country. I acknowledge my obligations to the masses of my countrymen,
+and to them alone. Higher objects than personal aggrandizement gave
+direction and energy to their exertions in the late canvass, and
+they shall not be disappointed. They require at my hands diligence,
+integrity, and capacity wherever there are duties to be performed.
+Without these qualities in their public servants, more stringent laws
+for the prevention or punishment of fraud, negligence, and peculation
+will be vain. With them they will be unnecessary.
+
+But these are not the only points to which you look for vigilant
+watchfulness. The dangers of a concentration of all power in the
+general government of a confederacy so vast as ours are too obvious
+to be disregarded. You have a right, therefore, to expect your agents
+in every department to regard strictly the limits imposed upon them
+by the Constitution of the United States. The great scheme of our
+constitutional liberty rests upon a proper distribution of power
+between the State and Federal authorities, and experience has shown
+that the harmony and happiness of our people must depend upon a just
+discrimination between the separate rights and responsibilities of
+the States and your common rights and obligations under the General
+Government; and here, in my opinion, are the considerations which should
+form the true basis of future concord in regard to the questions which
+have most seriously disturbed public tranquillity. If the Federal
+Government will confine itself to the exercise of powers clearly granted
+by the Constitution, it can hardly happen that its action upon any
+question should endanger the institutions of the States or interfere
+with their right to manage matters strictly domestic according to the
+will of their own people.
+
+In expressing briefly my views upon an important subject which has
+recently agitated the nation to almost a fearful degree, I am moved by
+no other impulse than a most earnest desire for the perpetuation of that
+Union which has made us what we are, showering upon us blessings and
+conferring a power and influence which our fathers could hardly have
+anticipated, even with their most sanguine hopes directed to a far-off
+future. The sentiments I now announce were not unknown before the
+expression of the voice which called me here. My own position upon this
+subject was clear and unequivocal, upon the record of my words and my
+acts, and it is only recurred to at this time because silence might
+perhaps be misconstrued. With the Union my best and dearest earthly
+hopes are entwined. Without it what are we individually or collectively?
+What becomes of the noblest field ever opened for the advancement of our
+race in religion, in government, in the arts, and in all that dignifies
+and adorns mankind? From that radiant constellation which both illumines
+our own way and points out to struggling nations their course, let but a
+single star be lost, and, if there be not utter darkness, the luster of
+the whole is dimmed. Do my countrymen need any assurance that such a
+catastrophe is not to overtake them while I possess the power to stay
+it? It is with me an earnest and vital belief that as the Union has been
+the source, under Providence, of our prosperity to this time, so it is
+the surest pledge of a continuance of the blessings we have enjoyed, and
+which we are sacredly bound to transmit undiminished to our children.
+The field of calm and free discussion in our country is open, and will
+always be so, but never has been and never can be traversed for good
+in a spirit of sectionalism and uncharitableness. The founders of the
+Republic dealt with things as they were presented to them, in a spirit
+of self-sacrificing patriotism, and, as time has proved, with a
+comprehensive wisdom which it will always be safe for us to consult.
+Every measure tending to strengthen the fraternal feelings of all the
+members of our Union has had my heartfelt approbation. To every theory
+of society or government, whether the offspring of feverish ambition
+or of morbid enthusiasm, calculated to dissolve the bonds of law
+and affection which unite us, I shall interpose a ready and stern
+resistance. I believe that involuntary servitude, as it exists in
+different States of this Confederacy, is recognized by the Constitution.
+I believe that it stands like any other admitted right, and that the
+States where it exists are entitled to efficient remedies to enforce the
+constitutional provisions. I hold that the laws of 1850, commonly called
+the "compromise measures," are strictly constitutional and to be
+unhesitatingly carried into effect. I believe that the constituted
+authorities of this Republic are bound to regard the rights of the South
+in this respect as they would view any other legal and constitutional
+right, and that the laws to enforce them should be respected and obeyed,
+not with a reluctance encouraged by abstract opinions as to their
+propriety in a different state of society, but cheerfully and according
+to the decisions of the tribunal to which their exposition belongs.
+Such have been, and are, my convictions, and upon them I shall act.
+I fervently hope that the question is at rest, and that no sectional or
+ambitious or fanatical excitement may again threaten the durability of
+our institutions or obscure the light of our prosperity.
+
+But let not the foundation of our hope rest upon man's wisdom. It will
+not be sufficient that sectional prejudices find no place in the public
+deliberations. It will not be sufficient that the rash counsels of human
+passion are rejected. It must be felt that there is no national security
+but in the nation's humble, acknowledged dependence upon God and His
+overruling providence.
+
+We have been carried in safety through a perilous crisis. Wise counsels,
+like those which gave us the Constitution, prevailed to uphold it. Let
+the period be remembered as an admonition, and not as an encouragement,
+in any section of the Union, to make experiments where experiments are
+fraught with such fearful hazard. Let it be impressed upon all hearts
+that, beautiful as our fabric is, no earthly power or wisdom could ever
+reunite its broken fragments. Standing, as I do, almost within view
+of the green slopes of Monticello, and, as it were, within reach of
+the tomb of Washington, with all the cherished memories of the past
+gathering around me like so many eloquent voices of exhortation from
+heaven, I can express no better hope for my country than that the kind
+Providence which smiled upon our fathers may enable their children to
+preserve the blessings they have inherited.
+
+MARCH 4, 1853.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _March 21, 1853_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 17th instant,
+respecting certain propositions to Nicaragua and Costa Rica relative to
+the settlement of the territorial controversies between the States and
+Governments bordering on the river San Juan, I transmit a report from
+the Secretary of State and the documents by which it was accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 21, 1853_.
+
+_To the Senate_:
+
+
+The eleventh article of the treaty with the Chickasaw Indians of the
+20th October, 1832, provides that certain moneys arising from the sales
+of the lands ceded by that treaty shall be laid out under the direction
+of the President of the United States, by and with the advice and
+consent of the Senate, in such safe and valuable stock as he may approve
+of, for the benefit of the Chickasaw Nation.
+
+The report of the Secretary of the Treasury of the 15th instant,
+herewith transmitted, shows that the sum of $58,100 5 per cent stock,
+created under the act of 3d March, 1843, now stands on the books of the
+Treasury in the name of the Secretary of the Treasury, as trustee for
+the Chickasaw national fund. This stock, by the terms of its issue, is
+redeemable on the 1st July next, when interest thereon will cease. It
+therefore becomes my duty to lay before the Senate the subject of
+reinvesting this amount under the same trust.
+
+The second section of the act of 11th September, 1841 (the first section
+of which repeals the provisions of the act of 7th July, 1838, directing
+the investment of the Smithsonian fund in the stocks of the States),
+enacts that "all other funds held in trust by the United States, and the
+annual interest accruing thereon, when not otherwise required by treaty,
+shall in like manner be invested in stocks of the United States bearing
+a like rate of interest."
+
+I submit to the Senate whether it will advise and consent that the
+Secretary of the Treasury be authorized, under my direction, to reinvest
+the above-mentioned sum of $58,100 in stocks of the United States under
+the same trust.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 21, 1853_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 18th of January last,
+calling for further correspondence touching the revolution in France of
+December, 1851, I transmit a report from the Secretary of State and the
+documents by which it was accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE CHAMBER, _March 25, 1853_.
+
+_To the Senate of the United States_:
+
+I nominate Mrs. Mary Berard to be deputy postmaster at "West Point,"
+N.Y., the commissions for said office having exceeded $1,000 for the
+year ending the 30th June, 1852. Mrs. B. has held said office since the
+12th of May, 1848, under an appointment of the Post-Office Department.
+
+FRANKLIN PIERCE.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE OFFICE, _March 23, 1853_.
+
+Believing that the public interests involved in the erection of the
+wings of the United States Capitol will be promoted by the exercise of
+a general supervision and control of the whole work by a skillful and
+competent officer of the Corps of Engineers or of the Topographical
+Corps, and as the officers of those corps are more immediately amenable
+to the Secretary of War, I hereby direct that the jurisdiction
+heretofore exercised over the said work by the Department of the
+Interior be transferred to the War Department, and request that the
+Secretary of War will designate to the President a suitable officer
+to take charge of the same.
+
+FRANKLIN PIERCE.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+WASHINGTON, _April 20, 1853_.
+
+The President has, with deep sorrow, received information that the
+Vice-President of the United States, William R. King, died on the 18th
+instant at his residence in Alabama.
+
+In testimony of respect for eminent station, exalted character, and,
+higher and above all station, for a career of public service and
+devotion to this Union which for duration and usefulness is almost
+without a parallel in the history of the Republic, the labors of the
+various Departments will be suspended.
+
+The Secretaries of War and Navy will issue orders that appropriate
+military and naval honors be rendered to the memory of one to whom such
+a tribute will not be formal, but heartfelt from a people the deceased
+has so faithfully served.
+
+The public offices will be closed to-morrow and badges of mourning be
+placed on the Executive Mansion and all the Executive Departments at
+Washington.
+
+FRANKLIN PIERCE.
+
+
+
+GENERAL ORDERS, No. II.
+
+
+WAR DEPARTMENT,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, April 20, 1853_.
+
+I. The following order announces to the Army the death of William Rufus
+King, late Vice-President of the United States:
+
+
+WAR DEPARTMENT,
+
+_Washington, April 20, 1853_.
+
+With deep sorrow the President announces to the Army the death of
+William Rufus King, Vice-President of the United States, who died on the
+evening of Monday, the 18th instant, at his residence in Dallas County,
+Ala.
+
+Called into the service of his country at a period in life when but few
+are prepared to enter upon its realities, his long career of public
+usefulness at home and abroad has always been honored by the public
+confidence, and was closed in the second office within the gift of the
+people.
+
+From sympathy with his relatives and the American people for their loss
+and from respect for his distinguished public services, the President
+directs that appropriate honors to his memory be paid by the Army.
+
+JEFFERSON DAVIS,
+
+_Secretary of War_.
+
+
+II. On the day next succeeding the receipt of this order at each
+military post the troops will be paraded at 10 o'clock a.m. and this
+order read to them.
+
+The national flag will be displayed at half-staff.
+
+At dawn of day thirteen guns will be fired. Commencing at 12 o'clock m.
+seventeen minute guns will be fired and at the close of the day the
+national salute of thirty-one guns.
+
+The usual badge of mourning will be worn by officers of the Army and the
+colors of the several regiments will be put in mourning for the period
+of three months.
+
+By order:
+
+S. COOPER,
+
+_Adjutant-General_.
+
+
+
+[From the Daily National Intelligencer, April 21, 1853.]
+
+GENERAL ORDER.
+
+NAVY DEPARTMENT,
+
+_April 20, 1853_.
+
+With deep sorrow the President announces to the officers of the Navy
+and Marine Corps the death of William Rufus King, Vice-President of the
+United States, who died on the evening of Monday, the 18th instant, at
+his residence in Alabama.
+
+Called into the service of his country at a period of life when but few
+are prepared to enter upon its realities, his long career of public
+usefulness at home and abroad has always been honored by the public
+confidence, and was closed in the second office within the gift of the
+people.
+
+From sympathy with his relatives and the American people for their loss
+and from respect for his distinguished public services, the President
+directs that appropriate honors be paid to his memory at each of the
+navy-yards and naval stations and on board all the public vessels in
+commission on the day after this order is received by firing at dawn
+of day thirteen guns, at 12 o'clock m. seventeen minute guns, and at
+the close of the day the national salute, by carrying their flags at
+half-mast one day, and by the officers wearing crape on the left arm
+for three months.
+
+J.C. DOBBIN,
+
+_Secretary of the Navy_.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+
+WASHINGTON, D.C., _December 5, 1853_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The interest with which the people of the Republic anticipate the
+assembling of Congress and the fulfillment on that occasion of the duty
+imposed upon a new President is one of the best evidences of their
+capacity to realize the hopes of the founders of a political system
+at once complex and symmetrical. While the different branches of the
+Government are to a certain extent independent of each other, the duties
+of all alike have direct reference to the source of power. Fortunately,
+under this system no man is so high and none so humble in the scale of
+public station as to escape from the scrutiny or to be exempt from the
+responsibility which all official functions imply.
+
+Upon the justice and intelligence of the masses, in a government thus
+organized, is the sole reliance of the confederacy and the only security
+for honest and earnest devotion to its interests against the usurpations
+and encroachments of power on the one hand and the assaults of personal
+ambition on the other.
+
+The interest of which I have spoken is inseparable from an inquiring,
+self-governing community, but stimulated, doubtless, at the present time
+by the unsettled condition of our relations with several foreign powers,
+by the new obligations resulting from a sudden extension of the field of
+enterprise, by the spirit with which that field has been entered and the
+amazing energy with which its resources for meeting the demands of
+humanity have been developed.
+
+Although disease, assuming at one time the characteristics of a
+widespread and devastating pestilence, has left its sad traces upon
+some portions of our country, we have still the most abundant cause
+for reverent thankfulness to God for an accumulation of signal mercies
+showered upon us as a nation. It is well that a consciousness of rapid
+advancement and increasing strength be habitually associated with an
+abiding sense of dependence upon Him who holds in His hands the destiny
+of men and of nations.
+
+Recognizing the wisdom of the broad principle of absolute religious
+toleration proclaimed in our fundamental law, and rejoicing in the
+benign influence which it has exerted upon our social and political
+condition, I should shrink from a clear duty did I fail to express
+my deepest conviction that we can place no secure reliance upon any
+apparent progress if it be not sustained by national integrity, resting
+upon the great truths affirmed and illustrated by divine revelation.
+In the midst of our sorrow for the afflicted and suffering, it has been
+consoling to see how promptly disaster made true neighbors of districts
+and cities separated widely from each other, and cheering to watch the
+strength of that common bond of brotherhood which unites all hearts, in
+all parts of this Union, when danger threatens from abroad or calamity
+impends over us at home.
+
+Our diplomatic relations with foreign powers have undergone no essential
+change since the adjournment of the last Congress. With some of them
+questions of a disturbing character are still pending, but there are
+good reasons to believe that these may all be amicably adjusted.
+
+For some years past Great Britain has so construed the first article of
+the convention of the 20th of April, 1818, in regard to the fisheries
+on the northeastern coast, as to exclude our citizens from some of the
+fishing grounds to which they freely resorted for nearly a quarter of a
+century subsequent to the date of that treaty. The United States have
+never acquiesced in this construction, but have always claimed for
+their fishermen all the rights which they had so long enjoyed without
+molestation. With a view to remove all difficulties on the subject,
+to extend the rights of our fishermen beyond the limits fixed by the
+convention of 1818, and to regulate trade between the United States and
+the British North American Provinces, a negotiation has been opened with
+a fair prospect of a favorable result. To protect our fishermen in the
+enjoyment of their rights and prevent collision between them and British
+fishermen, I deemed it expedient to station a naval force in that
+quarter during the fishing season.
+
+Embarrassing questions have also arisen between the two Governments in
+regard to Central America. Great Britain has proposed to settle them by
+an amicable arrangement, and our minister at London is instructed to
+enter into negotiations on that subject.
+
+A commission for adjusting the claims of our citizens against Great
+Britain and those of British subjects against the United States,
+organized under the convention of the 8th of February last, is now
+sitting in London for the transaction of business.
+
+It is in many respects desirable that the boundary line between the
+United States and the British Provinces in the northwest, as designated
+in the convention of the 15th of June, 1846, and especially that part
+which separates the Territory of Washington from the British possessions
+on the north, should be traced and marked. I therefore present the
+subject to your notice.
+
+With France our relations continue on the most friendly footing. The
+extensive commerce between the United States and that country might,
+it is conceived, be released from some unnecessary restrictions to
+the mutual advantage of both parties. With a view to this object,
+some progress has been made in negotiating a treaty of commerce and
+navigation.
+
+Independently of our valuable trade with Spain, we have important
+political relations with her growing out of our neighborhood to the
+islands of Cuba and Porto Rico. I am happy to announce that since the
+last Congress no attempts have been made by unauthorized expeditions
+within the United States against either of those colonies. Should any
+movement be manifested within our limits, all the means at my command
+will be vigorously exerted to repress it. Several annoying occurrences
+have taken place at Havana, or in the vicinity of the island of Cuba,
+between our citizens and the Spanish authorities. Considering the
+proximity of that island to our shores, lying, as it does, in the track
+of trade between some of our principal cities, and the suspicious
+vigilance with which foreign intercourse, particularly that with the
+United States, is there guarded, a repetition of such occurrences may
+well be apprehended.
+
+As no diplomatic intercourse is allowed between our consul at Havana
+and the Captain-General of Cuba, ready explanations can not be made or
+prompt redress afforded where injury has resulted. All complaint on the
+part of our citizens under the present arrangement must be, in the first
+place, presented to this Government and then referred to Spain. Spain
+again refers it to her local authorities in Cuba for investigation, and
+postpones an answer till she has heard from those authorities. To avoid
+these irritating and vexatious delays, a proposition has been made to
+provide for a direct appeal for redress to the Captain-General by our
+consul in behalf of our injured fellow-citizens. Hitherto the Government
+of Spain has declined to enter into any such arrangement. This course
+on her part is deeply regretted, for without some arrangement of this
+kind the good understanding between the two countries may be exposed to
+occasional interruption. Our minister at Madrid is instructed to renew
+the proposition and to press it again upon the consideration of Her
+Catholic Majesty's Government.
+
+For several years Spain has been calling the attention of this
+Government to a claim for losses by some of her subjects in the case
+of the schooner _Amistad_. This claim is believed to rest on the
+obligations imposed by our existing treaty with that country. Its
+justice was admitted in our diplomatic correspondence with the Spanish
+Government as early as March, 1847, and one of my predecessors, in his
+annual message of that year, recommended that provision should be made
+for its payment. In January last it was again submitted to Congress by
+the Executive. It has received a favorable consideration by committees
+of both branches, but as yet there has been no final action upon it. I
+conceive that good faith requires its prompt adjustment, and I present
+it to your early and favorable consideration.
+
+Martin Koszta, a Hungarian by birth, came to this country in 1850, and
+declared his intention in due form of law to become a citizen of the
+United States. After remaining here nearly two years he visited Turkey.
+While at Smyrna he was forcibly seized, taken on board an Austrian brig
+of war then lying in the harbor of that place, and there confined in
+irons, with the avowed design to take him into the dominions of Austria.
+Our consul at Smyrna and legation at Constantinople interposed for
+his release, but their efforts were ineffectual. While thus in prison
+Commander Ingraham, with the United States ship of war _St. Louis_,
+arrived at Smyrna, and after inquiring into the circumstances of the
+case came to the conclusion that Koszta was entitled to the protection
+of this Government, and took energetic and prompt measures for his
+release. Under an arrangement between the agents of the United States
+and of Austria, he was transferred to the custody of the French
+consul-general at Smyrna, there to remain until he should be disposed of
+by the mutual agreement of the consuls of the respective Governments at
+that place. Pursuant to that agreement, he has been released, and is now
+in the United States. The Emperor of Austria has made the conduct of our
+officers who took part in this transaction a subject of grave complaint.
+Regarding Koszta as still his subject, and claiming a right to seize
+him within the limits of the Turkish Empire, he has demanded of this
+Government its consent to the surrender of the prisoner, a disavowal of
+the acts of its agents, and satisfaction for the alleged outrage. After
+a careful consideration of the case I came to the conclusion that Koszta
+was seized without legal authority at Smyrna; that he was wrongfully
+detained on board of the Austrian brig of war; that at the time of his
+seizure he was clothed with the nationality of the United States, and
+that the acts of our officers, under the circumstances of the case,
+were justifiable, and their conduct has been fully approved by me,
+and a compliance with the several demands of the Emperor of Austria has
+been declined.
+
+For a more full account of this transaction and my views in regard
+to it I refer to the correspondence between the charge d'affaires of
+Austria and the Secretary of State, which is herewith transmitted. The
+principles and policy therein maintained on the part of the United
+States will, whenever a proper occasion occurs, be applied and enforced.
+
+The condition of China at this time renders it probable that some
+important changes will occur in that vast Empire which will lead to a
+more unrestricted intercourse with it. The commissioner to that country
+who has been recently appointed is instructed to avail himself of all
+occasions to open and extend our commercial relations, not only with the
+Empire of China, but with other Asiatic nations.
+
+In 1852 an expedition was sent to Japan, under the command of Commodore
+Perry, for the purpose of opening commercial intercourse with that
+Empire. Intelligence has been received of his arrival there and of his
+having made known to the Emperor of Japan the object of his visit. But
+it is not yet ascertained how far the Emperor will be disposed to
+abandon his restrictive policy and open that populous country to a
+commercial intercourse with the United States.
+
+It has been my earnest desire to maintain friendly intercourse with the
+Governments upon this continent and to aid them in preserving good
+understanding among themselves. With Mexico a dispute has arisen as
+to the true boundary line between our Territory of New Mexico and the
+Mexican State of Chihuahua. A former commissioner of the United States,
+employed in running that line pursuant to the treaty of Guadalupe
+Hidalgo, made a serious mistake in determining the initial point on
+the Rio Grande; but inasmuch as his decision was clearly a departure
+from the directions for tracing the boundary contained in that treaty,
+and was not concurred in by the surveyor appointed on the part of the
+United States, whose concurrence was necessary to give validity to that
+decision, this Government is not concluded thereby; but that of Mexico
+takes a different view of the subject.
+
+There are also other questions of considerable magnitude pending between
+the two Republics. Our minister in Mexico has ample instructions to
+adjust them. Negotiations have been opened, but sufficient progress has
+not been made therein to enable me to speak of the probable result.
+Impressed with the importance of maintaining amicable relations with
+that Republic and of yielding with liberality to all her just claims,
+it is reasonable to expect that an arrangement mutually satisfactory to
+both countries may be concluded and a lasting friendship between them
+confirmed and perpetuated.
+
+Congress having provided for a full mission to the States of Central
+America, a minister was sent thither in July last. As yet he has had
+time to visit only one of these States (Nicaragua), where he was
+received in the most friendly manner. It is hoped that his presence and
+good offices will have a benign effect in composing the dissensions
+which prevail among them, and in establishing still more intimate and
+friendly relations between them respectively and between each of them
+and the United States.
+
+Considering the vast regions of this continent and the number of states
+which would be made accessible by the free navigation of the river
+Amazon, particular attention has been given to this subject. Brazil,
+through whose territories it passes into the ocean, has hitherto
+persisted in a policy so restricted in regard to the use of this river
+as to obstruct and nearly exclude foreign commercial intercourse with
+the States which lie upon its tributaries and upper branches. Our
+minister to that country is instructed to obtain a relaxation of that
+policy and to use his efforts to induce the Brazilian Government to open
+to common use, under proper safeguards, this great natural highway for
+international trade. Several of the South American States are deeply
+interested in this attempt to secure the free navigation of the Amazon,
+and it is reasonable to expect their cooperation in the measure. As the
+advantages of free commercial intercourse among nations are better
+understood, more liberal views are generally entertained as to the
+common rights of all to the free use of those means which nature has
+provided for international communication. To these more liberal and
+enlightened views it is hoped that Brazil will conform her policy and
+remove all unnecessary restrictions upon the free use of a river which
+traverses so many states and so large a part of the continent. I am
+happy to inform you that the Republic of Paraguay and the Argentine
+Confederation have yielded to the liberal policy still resisted by
+Brazil in regard to the navigable rivers within their respective
+territories. Treaties embracing this subject, among others, have been
+negotiated with these Governments, which will be submitted to the Senate
+at the present session.
+
+A new branch of commerce, important to the agricultural interests of
+the United States, has within a few years past been opened with Peru.
+Notwithstanding the inexhaustible deposits of guano upon the islands of
+that country, considerable difficulties are experienced in obtaining the
+requisite supply. Measures have been taken to remove these difficulties
+and to secure a more abundant importation of the article. Unfortunately,
+there has been a serious collision between our citizens who have
+resorted to the Chincha Islands for it and the Peruvian authorities
+stationed there. Redress for the outrages committed by the latter was
+promptly demanded by our minister at Lima. This subject is now under
+consideration, and there is reason to believe that Peru is disposed to
+offer adequate indemnity to the aggrieved parties.
+
+We are thus not only at peace with all foreign countries, but, in regard
+to political affairs, are exempt from any cause of serious disquietude
+in our domestic relations.
+
+The controversies which have agitated the country heretofore are passing
+away with the causes which produced them and the passions which they had
+awakened; or, if any trace of them remains, it may be reasonably hoped
+that it will only be perceived in the zealous rivalry of all good
+citizens to testify their respect for the rights of the States, their
+devotion to the Union, and their common determination that each one of
+the States, its institutions, its welfare, and its domestic peace, shall
+be held alike secure under the sacred aegis of the Constitution.
+
+This new league of amity and of mutual confidence and support into which
+the people of the Republic have entered happily affords inducement and
+opportunity for the adoption of a more comprehensive and unembarrassed
+line of policy and action as to the great material interests of the
+country, whether regarded in themselves or in connection with the powers
+of the civilized world.
+
+The United States have continued gradually and steadily to expand
+through acquisitions of territory, which, how much soever some of them
+may have been questioned, are now universally seen and admitted to have
+been wise in policy, just in character, and a great element in the
+advancement of our country, and with it of the human race, in freedom,
+in prosperity, and in happiness. The thirteen States have grown to be
+thirty-one, with relations reaching to Europe on the one side and on the
+other to the distant realms of Asia.
+
+I am deeply sensible of the immense responsibility which the present
+magnitude of the Republic and the diversity and multiplicity of its
+interests devolves upon me, the alleviation of which, so far as relates
+to the immediate conduct of the public business, is, first, in my
+reliance on the wisdom and patriotism of the two Houses of Congress,
+and, secondly, in the directions afforded me by the principles of public
+polity affirmed by our fathers of the epoch of 1798, sanctioned by long
+experience, and consecrated anew by the overwhelming voice of the people
+of the United States.
+
+Recurring to these principles, which constitute the organic basis of
+union, we perceive that vast as are the functions and the duties of
+the Federal Government, vested in or intrusted to its three great
+departments--the legislative, executive, and judicial--yet the
+substantive power, the popular force, and the large capacities for
+social and material development exist in the respective States, which,
+all being of themselves well-constituted republics, as they preceded
+so they alone are capable of maintaining and perpetuating the American
+Union. The Federal Government has its appropriate line of action in the
+specific and limited powers conferred on it by the Constitution, chiefly
+as to those things in which the States have a common interest in their
+relations to one another and to foreign governments, while the great
+mass of interests which belong to cultivated men--the ordinary business
+of life, the springs of industry, all the diversified personal and
+domestic affairs of society--rest securely upon the general reserved
+powers of the people of the several States. There is the effective
+democracy of the nation, and there the vital essence of its being and
+its greatness.
+
+Of the practical consequences which flow from the nature of the Federal
+Government, the primary one is the duty of administering with integrity
+and fidelity the high trust reposed in it by the Constitution,
+especially in the application of the public funds as drawn by taxation
+from the people and appropriated to specific objects by Congress.
+
+Happily, I have no occasion to suggest any radical changes in the
+financial policy of the Government. Ours is almost, if not absolutely,
+the solitary power of Christendom having a surplus revenue drawn
+immediately from imposts on commerce, and therefore measured by the
+spontaneous enterprise and national prosperity of the country, with
+such indirect relation to agriculture, manufactures, and the products
+of the earth and sea as to violate no constitutional doctrine and yet
+vigorously promote the general welfare. Neither as to the sources of the
+public treasure nor as to the manner of keeping and managing it does any
+grave controversy now prevail, there being a general acquiescence in the
+wisdom of the present system.
+
+The report of the Secretary of the Treasury will exhibit in detail the
+state of the public finances and the condition of the various branches
+of the public service administered by that Department of the Government.
+
+The revenue of the country, levied almost insensibly to the taxpayer,
+goes on from year to year, increasing beyond either the interests or the
+prospective wants of the Government.
+
+At the close of the fiscal year ending June 30, 1852, there remained in
+the Treasury a balance of $14,632,136. The public revenue for the fiscal
+year ending June 30, 1853, amounted to $58,931,865 from customs and to
+$2,405,708 from public lands and other miscellaneous sources, amounting
+together to $61,337,574, while the public expenditures for the same
+period, exclusive of payments on account of the public debt, amounted
+to $43,554,262, leaving a balance of $32,425,447 of receipts above
+expenditures.
+
+This fact of increasing surplus in the Treasury became the subject of
+anxious consideration at a very early period of my Administration, and
+the path of duty in regard to it seemed to me obvious and clear, namely:
+First, to apply the surplus revenue to the discharge of the public debt
+so far as it could judiciously be done, and, secondly, to devise means
+for the gradual reduction of the revenue to the standard of the public
+exigencies.
+
+Of these objects the first has been in the course of accomplishment in
+a manner and to a degree highly satisfactory. The amount of the public
+debt of all classes was on the 4th of March, 1853, $69,190,037, payments
+on account of which have been made since that period to the amount of
+$12,703,329, leaving unpaid and in continuous course of liquidation the
+sum of $56,486,708. These payments, although made at the market price of
+the respective classes of stocks, have been effected readily and to the
+general advantage of the Treasury, and have at the same time proved of
+signal utility in the relief they have incidentally afforded to the
+money market and to the industrial and commercial pursuits of the
+country.
+
+The second of the above-mentioned objects, that of the reduction of the
+tariff, is of great importance, and the plan suggested by the Secretary
+of the Treasury, which is to reduce the duties on certain articles and
+to add to the free list many articles now taxed, and especially such as
+enter into manufactures and are not largely, or at all, produced in the
+country, is commended to your candid and careful consideration.
+
+You will find in the report of the Secretary of the Treasury, also,
+abundant proof of the entire adequacy of the present fiscal system
+to meet all the requirements of the public service, and that, while
+properly administered, it operates to the advantage of the community
+in ordinary business relations.
+
+I respectfully ask your attention to sundry suggestions of improvements
+in the settlement of accounts, especially as regards the large sums of
+outstanding arrears due to the Government, and of other reforms in the
+administrative action of his Department which are indicated by the
+Secretary; as also to the progress made in the construction of marine
+hospitals, custom-houses, and of a new mint in California and assay
+office in the city of New York, heretofore provided for by Congress, and
+also to the eminently successful progress of the Coast Survey and of the
+Light-House Board.
+
+Among the objects meriting your attention will be important
+recommendations from the Secretaries of War and Navy. I am fully
+satisfied that the Navy of the United States is not in a condition
+of strength and efficiency commensurate with the magnitude of our
+commercial and other interests, and commend to your especial attention
+the suggestions on this subject made by the Secretary of the Navy.
+I respectfully submit that the Army, which under our system must always
+be regarded with the highest interest as a nucleus around which the
+volunteer forces of the nation gather in the hour of danger, requires
+augmentation, or modification, to adapt it to the present extended
+limits and frontier relations of the country and the condition of the
+Indian tribes in the interior of the continent, the necessity of which
+will appear in the communications of the Secretaries of War and the
+Interior.
+
+In the administration of the Post-Office Department for the fiscal year
+ending June 30, 1853, the gross expenditure was $7,982,756, and the
+gross receipts during the same period $5,942,734, showing that the
+current revenue failed to meet the current expenses of the Department
+by the sum of $2,042,032. The causes which, under the present postal
+system and laws, led inevitably to this result are fully explained by
+the report of the Postmaster-General, one great cause being the enormous
+rates the Department has been compelled to pay for mail service rendered
+by railroad companies.
+
+The exhibit in the report of the Postmaster-General of the income and
+expenditures by mail steamers will be found peculiarly interesting and
+of a character to demand the immediate action of Congress.
+
+Numerous and flagrant frauds upon the Pension Bureau have been brought
+to light within the last year, and in some instances merited punishments
+inflicted; but, unfortunately, in others guilty parties have escaped,
+not through the want of sufficient evidence to warrant a conviction, but
+in consequence of the provisions of limitation in the existing laws.
+
+From the nature of these claims, the remoteness of the tribunals to pass
+upon them, and the mode in which the proof is of necessity furnished,
+temptations to crime have been greatly stimulated by the obvious
+difficulties of detection. The defects in the law upon this subject are
+so apparent and so fatal to the ends of justice that your early action
+relating to it is most desirable.
+
+During the last fiscal year 9,819,411 acres of the public lands have
+been surveyed and 10,363,891 acres brought into market. Within the
+same period the sales by public purchase and private entry amounted to
+1,083,495 acres; located under military bounty-land warrants, 6,142,360
+acres; located under other certificates, 9,427 acres; ceded to the
+States as swamp lands, 16,684,253 acres; selected for railroad and other
+objects under acts of Congress, 1,427,457 acres; total amount of lands
+disposed of within the fiscal year, 25,346,992 acres, which is an
+increase in quantity sold and located under land warrants and grants
+of 12,231,818 acres over the fiscal year immediately preceding. The
+quantity of land sold during the second and third quarters of 1852 was
+334,451 acres; the amount received therefor was $623,687. The quantity
+sold the second and third quarters of the year 1853 was 1,609,919 acres,
+and the amount received therefor $2,226,876.
+
+The whole number of land warrants issued under existing laws prior to
+the 30th of September last was 266,042, of which there were outstanding
+at that date 66,947. The quantity of land required to satisfy these
+outstanding warrants is 4,778,120 acres.
+
+Warrants have been issued to 30th of September last under the act
+of 11th February, 1847, calling for 12,879,280 acres, under acts of
+September 28, 1850, and March 22, 1852, calling for 12,505,360 acres,
+making a total of 25,384,640 acres.
+
+It is believed that experience has verified the wisdom and justice of
+the present system with regard to the public domain in most essential
+particulars.
+
+You will perceive from the report of the Secretary of the Interior that
+opinions which have often been expressed in relation to the operation of
+the land system as not being a source of revenue to the Federal Treasury
+were erroneous. The net profits from the sale of the public lands to
+June 30, 1853, amounted to the sum of $53,289,465.
+
+I recommend the extension of the land system over the Territories of
+Utah and New Mexico, with such modifications as their peculiarities may
+require.
+
+Regarding our public domain as chiefly valuable to provide homes for
+the industrious and enterprising, I am not prepared to recommend any
+essential change in the land system, except by modifications in favor
+of the actual settler and an extension of the preemption principle in
+certain cases, for reasons and on grounds which will be fully developed
+in the reports to be laid before you.
+
+Congress, representing the proprietors of the territorial domain and
+charged especially with power to dispose of territory belonging to
+the United States, has for a long course of years, beginning with the
+Administration of Mr. Jefferson, exercised the power to construct roads
+within the Territories, and there are so many and obvious distinctions
+between this exercise of power and that of making roads within the
+States that the former has never been considered subject to such
+objections as apply to the latter; and such may now be considered the
+settled construction of the power of the Federal Government upon the
+subject.
+
+Numerous applications have been and no doubt will continue to be made
+for grants of land in aid of the construction of railways. It is not
+believed to be within the intent and meaning of the Constitution that
+the power to dispose of the public domain should be used otherwise than
+might be expected from a prudent proprietor, and therefore that grants
+of land to aid in the construction of roads should be restricted to
+cases where it would be for the interest of a proprietor under like
+circumstances thus to contribute to the construction of these works.
+For the practical operation of such grants thus far in advancing the
+interests of the States in which the works are located, and at the same
+time the substantial interests of all the other States, by enhancing the
+value and promoting the rapid sale of the public domain, I refer you
+to the report of the Secretary of the Interior. A careful examination,
+however, will show that this experience is the result of a just
+discrimination and will be far from affording encouragement to a
+reckless or indiscriminate extension of the principle.
+
+I commend to your favorable consideration the men of genius of our
+country who by their inventions and discoveries in science and arts have
+contributed largely to the improvements of the age without, in many
+instances, securing for themselves anything like an adequate reward.
+For many interesting details upon this subject I refer you to the
+appropriate reports, and especially urge upon your early attention the
+apparently slight, but really important, modifications of existing laws
+therein suggested.
+
+The liberal spirit which has so long marked the action of Congress in
+relation to the District of Columbia will, I have no doubt, continue to
+be manifested.
+
+The erection of an asylum for the insane of the District of Columbia and
+of the Army and Navy of the United States has been somewhat retarded by
+the great demand for materials and labor during the past summer, but
+full preparation for the reception of patients before the return of
+another winter is anticipated; and there is the best reason to believe,
+from the plan and contemplated arrangements which have been devised,
+with the large experience furnished within the last few years in
+relation to the nature and treatment of the disease, that it will prove
+an asylum indeed to this most helpless and afflicted class of sufferers
+and stand as a noble monument of wisdom and mercy.
+
+Under the acts of Congress of August 31, 1852, and of March 3, 1853,
+designed to secure for the cities of Washington and Georgetown an
+abundant supply of good and wholesome water, it became my duty to
+examine the report and plans of the engineer who had charge of the
+surveys under the act first named. The best, if not the only, plan
+calculated to secure permanently the object sought was that which
+contemplates taking the water from the Great Falls of the Potomac,
+and consequently I gave to it my approval.
+
+For the progress and present condition of this important work and for
+its demands so far as appropriations are concerned I refer you to the
+report of the Secretary of War.
+
+The present judicial system of the United States has now been in
+operation for so long a period of time and has in its general theory and
+much of its details become so familiar to the country and acquired so
+entirely the public confidence that if modified in any respect it should
+only be in those particulars which may adapt it to the increased extent,
+population, and legal business of the United States. In this relation
+the organization of the courts is now confessedly inadequate to the
+duties to be performed by them, in consequence of which the States of
+Florida, Wisconsin, Iowa, Texas, and California, and districts of other
+States, are in effect excluded from the full benefits of the general
+system by the functions of the circuit court being devolved on the
+district judges in all those States or parts of States.
+
+The spirit of the Constitution and a due regard to justice require
+that all the States of the Union should be placed on the same footing
+in regard to the judicial tribunals. I therefore commend to your
+consideration this important subject, which in my judgment demands the
+speedy action of Congress. I will present to you, if deemed desirable,
+a plan which I am prepared to recommend for the enlargement and
+modification of the present judicial system.
+
+The act of Congress establishing the Smithsonian Institution provided
+that the President of the United States and other persons therein
+designated should constitute an "establishment" by that name, and that
+the members should hold stated and special meetings for the supervision
+of the affairs of the Institution. The organization not having taken
+place, it seemed to me proper that it should be effected without delay.
+This has been done; and an occasion was thereby presented for inspecting
+the condition of the Institution and appreciating its successful
+progress thus far and its high promise of great and general usefulness.
+
+I have omitted to ask your favorable consideration for the estimates of
+works of a local character in twenty-seven of the thirty-one States,
+amounting to $1,754,500, because, independently of the grounds which
+have so often been urged against the application of the Federal revenue
+for works of this character, inequality, with consequent injustice, is
+inherent in the nature of the proposition, and because the plan has
+proved entirely inadequate to the accomplishment of the objects sought.
+
+The subject of internal improvements, claiming alike the interest
+and good will of all, has, nevertheless, been the basis of much
+political discussion and has stood as a deep-graven line of division
+between statesmen of eminent ability and patriotism. The rule of strict
+construction of all powers delegated by the States to the General
+Government has arrayed itself from time to time against the rapid
+progress of expenditures from the National Treasury on works of a local
+character within the States. Memorable as an epoch in the history of
+this subject is the message of President Jackson of the 27th of May,
+1830, which met the system of internal improvements in its comparative
+infancy; but so rapid had been its growth that the projected
+appropriations in that year for works of this character had risen to
+the alarming amount of more than $100,000,000.
+
+In that message the President admitted the difficulty of bringing back
+the operations of the Government to the construction of the Constitution
+set up in 1798, and marked it as an admonitory proof of the necessity of
+guarding that instrument with sleepless vigilance against the authority
+of precedents which had not the sanction of its most plainly defined
+powers.
+
+Our Government exists under a written compact between sovereign States,
+uniting for specific objects and with specific grants to their general
+agent. If, then, in the progress of its administration there have been
+departures from the terms and intent of the compact, it is and will ever
+be proper to refer back to the fixed standard which our fathers left us
+and to make a stern effort to conform our action to it. It would seem
+that the fact of a principle having been resisted from the first by many
+of the wisest and most patriotic men of the Republic, and a policy
+having provoked constant strife without arriving at a conclusion which
+can be regarded as satisfactory to its most earnest advocates, should
+suggest the inquiry whether there may not be a plan likely to be crowned
+by happier results. Without perceiving any sound distinction or
+intending to assert any principle as opposed to improvements needed for
+the protection of internal commerce which does not equally apply to
+improvements upon the seaboard for the protection of foreign commerce,
+I submit to you whether it may not be safely anticipated that if the
+policy were once settled against appropriations by the General
+Government for local improvements for the benefit of commerce,
+localities requiring expenditures would not, by modes and means clearly
+legitimate and proper, raise the fund necessary for such constructions
+as the safety or other interests of their commerce might require.
+
+If that can be regarded as a system which in the experience of more than
+thirty years has at no time so commanded the public judgment as to give
+it the character of a settled policy; which, though it has produced some
+works of conceded importance, has been attended with an expenditure
+quite disproportionate to their value and has resulted in squandering
+large sums upon objects which have answered no valuable purpose, the
+interests of all the States require it to be abandoned unless hopes may
+be indulged for the future which find no warrant in the past.
+
+With an anxious desire for the completion of the works which are
+regarded by all good citizens with sincere interest, I have deemed it my
+duty to ask at your hands a deliberate reconsideration of the question,
+with a hope that, animated by a desire to promote the permanent and
+substantial interests of the country, your wisdom may prove equal to the
+task of devising and maturing a plan which, applied to this subject, may
+promise something better than constant strife, the suspension of the
+powers of local enterprise, the exciting of vain hopes, and the
+disappointment of cherished expectations.
+
+In expending the appropriations made by the last Congress several cases
+have arisen in relation to works for the improvement of harbors which
+involve questions as to the right of soil and jurisdiction, and have
+threatened conflict between the authority of the State and General
+Governments. The right to construct a breakwater, jetty, or dam would
+seem necessarily to carry with it the power to protect and preserve such
+constructions. This can only be effectually done by having jurisdiction
+over the soil. But no clause of the Constitution is found on which to
+rest the claim of the United States to exercise jurisdiction over the
+soil of a State except that conferred by the eighth section of the first
+article of the Constitution. It is, then, submitted whether, in all
+cases where constructions are to be erected by the General Government,
+the right of soil should not first be obtained and legislative provision
+be made to cover all such cases.
+
+For the progress made in the construction of roads within the
+Territories, as provided for in the appropriations of the last Congress,
+I refer you to the report of the Secretary of War.
+
+There is one subject of a domestic nature which, from its intrinsic
+importance and the many interesting questions of future policy which it
+involves, can not fail to receive your early attention. I allude to the
+means of communication by which different parts of the wide expanse of
+our country are to be placed in closer connection for purposes both
+of defense and commercial intercourse, and more especially such as
+appertain to the communication of those great divisions of the Union
+which lie on the opposite sides of the Rocky Mountains.
+
+That the Government has not been unmindful of this heretofore is
+apparent from the aid it has afforded through appropriations for mail
+facilities and other purposes. But the general subject will now present
+itself under aspects more imposing and more purely national by reason of
+the surveys ordered by Congress, and now in the process of completion,
+for communication by railway across the continent, and wholly within the
+limits of the United States.
+
+The power to declare war, to raise and support armies, to provide and
+maintain a navy, and to call forth the militia to execute the laws,
+suppress insurrections, and repel invasions was conferred upon Congress
+as means to provide for the common defense and to protect a territory
+and a population now widespread and vastly multiplied. As incidental to
+and indispensable for the exercise of this power, it must sometimes be
+necessary to construct military roads and protect harbors of refuge.
+To appropriations by Congress for such objects no sound objection can
+be raised. Happily for our country, its peaceful policy and rapidly
+increasing population impose upon us no urgent necessity for
+preparation, and leave but few trackless deserts between assailable
+points and a patriotic people ever ready and generally able to protect
+them. These necessary links the enterprise and energy of our people are
+steadily and boldly struggling to supply. All experience affirms that
+wherever private enterprise will avail it is most wise for the General
+Government to leave to that and individual watchfulness the location and
+execution of all means of communication.
+
+The surveys before alluded to were designed to ascertain the most
+practicable and economical route for a railroad from the river
+Mississippi to the Pacific Ocean. Parties are now in the field making
+explorations, where previous examinations had not supplied sufficient
+data and where there was the best reason to hope the object sought might
+be found. The means and time being both limited, it is not to be
+expected that all the accurate knowledge desired will be obtained, but
+it is hoped that much and important information will be added to the
+stock previously possessed, and that partial, if not full, reports of
+the surveys ordered will be received in time for transmission to the two
+Houses of Congress on or before the first Monday in February next, as
+required by the act of appropriation. The magnitude of the enterprise
+contemplated has aroused and will doubtless continue to excite a
+very general interest throughout the country. In its political, its
+commercial, and its military bearings it has varied, great, and
+increasing claims to consideration. The heavy expense, the great delay,
+and, at times, fatality attending travel by either of the Isthmus routes
+have demonstrated the advantage which would result from interterritorial
+communication by such safe and rapid means as a railroad would supply.
+
+These difficulties, which have been encountered in a period of peace,
+would be magnified and still further increased in time of war. But
+whilst the embarrassments already encountered and others under new
+contingencies to be anticipated may serve strikingly to exhibit the
+importance of such a work, neither these nor all considerations combined
+can have an appreciable value when weighed against the obligation
+strictly to adhere to the Constitution and faithfully to execute the
+powers it confers.
+
+Within this limit and to the extent of the interest of the Government
+involved it would seem both expedient and proper if an economical and
+practicable route shall be found to aid by all constitutional means
+in the construction of a road which will unite by speedy transit the
+populations of the Pacific and Atlantic States. To guard against
+misconception, it should be remarked that although the power to
+construct or aid in the construction of a road within the limits of
+a Territory is not embarrassed by that question of jurisdiction which
+would arise within the limits of a State, it is, nevertheless, held
+to be of doubtful power and more than doubtful propriety, even within
+the limits of a Territory, for the General Government to undertake
+to administer the affairs of a railroad, a canal, or other similar
+construction, and therefore that its connection with a work of this
+character should be incidental rather than primary. I will only add
+at present that, fully appreciating the magnitude of the subject and
+solicitous that the Atlantic and Pacific shores of the Republic may be
+bound together by inseparable ties of common interest, as well as of
+common fealty and attachment to the Union, I shall be disposed, so far
+as my own action is concerned, to follow the lights of the Constitution
+as expounded and illustrated by those whose opinions and expositions
+constitute the standard of my political faith in regard to the powers
+of the Federal Government. It is, I trust, not necessary to say that
+no grandeur of enterprise and no present urgent inducement promising
+popular favor will lead me to disregard those lights or to depart from
+that path which experience has proved to be safe, and which is now
+radiant with the glow of prosperity and legitimate constitutional
+progress. We can afford to wait, but we can not afford to overlook
+the ark of our security.
+
+It is no part of my purpose to give prominence to any subject which may
+properly be regarded as set at rest by the deliberate judgment of the
+people. But while the present is bright with promise and the future full
+of demand and inducement for the exercise of active intelligence, the
+past can never be without useful lessons of admonition and instruction.
+If its dangers serve not as beacons, they will evidently fail to fulfill
+the object of a wise design. When the grave shall have closed over
+all who are now endeavoring to meet the obligations of duty, the year
+1850 will be recurred to as a period filled with anxious apprehension.
+A successful war had just terminated. Peace brought with it a vast
+augmentation of territory. Disturbing questions arose bearing upon the
+domestic institutions of one portion of the Confederacy and involving
+the constitutional rights of the States. But notwithstanding differences
+of opinion and sentiment which then existed in relation to details and
+specific provisions, the acquiescence of distinguished citizens, whose
+devotion to the Union can never be doubted, has given renewed vigor to
+our institutions and restored a sense of repose and security to the
+public mind throughout the Confederacy. That this repose is to suffer
+no shock during my official term, if I have power to avert it, those
+who placed me here may be assured. The wisdom of men who knew what
+independence cost, who had put all at stake upon the issue of the
+Revolutionary struggle, disposed of the subject to which I refer in the
+only way consistent with the Union of these States and with the march of
+power and prosperity which has made us what we are. It is a significant
+fact that from the adoption of the Constitution until the officers and
+soldiers of the Revolution had passed to their graves, or, through the
+infirmities of age and wounds, had ceased to participate actively in
+public affairs, there was not merely a quiet acquiescence in, but a
+prompt vindication of, the constitutional rights of the States. The
+reserved powers were scrupulously respected. No statesman put forth the
+narrow views of casuists to justify interference and agitation, but
+the spirit of the compact was regarded as sacred in the eye of honor
+and indispensable for the great experiment of civil liberty, which,
+environed by inherent difficulties, was yet borne forward in apparent
+weakness by a power superior to all obstacles. There is no condemnation
+which the voice of freedom will not pronounce upon us should we prove
+faithless to this great trust. While men inhabiting different parts of
+this vast continent can no more be expected to hold the same opinions or
+entertain the same sentiments than every variety of climate or soil can
+be expected to furnish the same agricultural products, they can unite
+in a common object and sustain common principles essential to the
+maintenance of that object. The gallant men of the South and the North
+could stand together during the struggle of the Revolution; they could
+stand together in the more trying period which succeeded the clangor of
+arms. As their united valor was adequate to all the trials of the camp
+and dangers of the field, so their united wisdom proved equal to the
+greater task of founding upon a deep and broad basis institutions which
+it has been our privilege to enjoy and will ever be our most sacred
+duty to sustain. It is but the feeble expression of a faith strong and
+universal to say that their sons, whose blood mingled so often upon the
+same field during the War of 1812 and who have more recently borne in
+triumph the flag of the country upon a foreign soil, will never permit
+alienation of feeling to weaken the power of their united efforts nor
+internal dissensions to paralyze the great arm of freedom, uplifted for
+the vindication of self-government.
+
+I have thus briefly presented such suggestions as seem to me especially
+worthy of your consideration. In providing for the present you can
+hardly fail to avail yourselves of the light which the experience of the
+past casts upon the future.
+
+The growth of our population has now brought us, in the destined career
+of our national history, to a point at which it well behooves us to
+expand our vision over the vast prospective.
+
+The successive decennial returns of the census since the adoption of the
+Constitution have revealed a law of steady, progressive development,
+which may be stated in general terms as a duplication every quarter
+century. Carried forward from the point already reached for only a short
+period of time, as applicable to the existence of a nation, this law of
+progress, if unchecked, will bring us to almost incredible results.
+A large allowance for a diminished proportional effect of emigration
+would not very materially reduce the estimate, while the increased
+average duration of human life known to have already resulted from the
+scientific and hygienic improvements of the past fifty years will tend
+to keep up through the next fifty, or perhaps hundred, the same ratio
+of growth which has been thus revealed in our past progress; and to the
+influence of these causes may be added the influx of laboring masses
+from eastern Asia to the Pacific side of our possessions, together
+with the probable accession of the populations already existing in
+other parts of our hemisphere, which within the period in question will
+feel with yearly increasing force the natural attraction of so vast,
+powerful, and prosperous a confederation of self-governing republics and
+will seek the privilege of being admitted within its safe and happy
+bosom, transferring with themselves, by a peaceful and healthy process
+of incorporation, spacious regions of virgin and exuberant soil, which
+are destined to swarm with the fast-growing and fast-spreading millions
+of our race.
+
+These considerations seem fully to justify the presumption that
+the law of population above stated will continue to act with
+undiminished effect through at least the next half century, and that
+thousands of persons who have already arrived at maturity and are now
+exercising the rights of freemen will close their eyes on the spectacle
+of more than 100,000,000 of population embraced within the majestic
+proportions of the American Union. It is not merely as an interesting
+topic of speculation that I present these views for your consideration.
+They have important practical bearings upon all the political duties we
+are called upon to perform. Heretofore our system of government has
+worked on what may be termed a miniature scale in comparison with the
+development which it must thus assume within a future so near at hand
+as scarcely to be beyond the present of the existing generation.
+
+It is evident that a confederation so vast and so varied, both in
+numbers and in territorial extent, in habits and in interests, could
+only be kept in national cohesion by the strictest fidelity to the
+principles of the Constitution as understood by those who have adhered
+to the most restricted construction of the powers granted by the people
+and the States. Interpreted and applied according to those principles,
+the great compact adapts itself with healthy ease and freedom to an
+unlimited extension of that benign system of federative self-government
+of which it is our glorious and, I trust, immortal charter. Let us,
+then, with redoubled vigilance, be on our guard against yielding to the
+temptation of the exercise of doubtful powers, even under the pressure
+of the motives of conceded temporary advantage and apparent temporary
+expediency.
+
+The minimum of Federal government compatible with the maintenance of
+national unity and efficient action in our relations with the rest of
+the world should afford the rule and measure of construction of our
+powers under the general clauses of the Constitution. A spirit of strict
+deference to the sovereign rights and dignity of every State, rather
+than a disposition to subordinate the States into a provincial relation
+to the central authority, should characterize all our exercise of the
+respective powers temporarily vested in us as a sacred trust from the
+generous confidence of our constituents.
+
+In like manner, as a manifestly indispensable condition of the
+perpetuation of the Union and of the realization of that magnificent
+national future adverted to, does the duty become yearly stronger and
+clearer upon us, as citizens of the several States, to cultivate a
+fraternal and affectionate spirit, language, and conduct in regard to
+other States and in relation to the varied interests, institutions, and
+habits of sentiment and opinion which may respectively characterize
+them. Mutual forbearance, respect, and noninterference in our personal
+action as citizens and an enlarged exercise of the most liberal
+principles of comity in the public dealings of State with State, whether
+in legislation or in the execution of laws, are the means to perpetuate
+that confidence and fraternity the decay of which a mere political
+union, on so vast a scale, could not long survive.
+
+In still another point of view is an important practical duty suggested
+by this consideration of the magnitude of dimensions to which our
+political system, with its corresponding machinery of government,
+is so rapidly expanding. With increased vigilance does it require us
+to cultivate the cardinal virtues of public frugality and official
+integrity and purity. Public affairs ought to be so conducted that a
+settled conviction shall pervade the entire Union that nothing short of
+the highest tone and standard of public morality marks every part of
+the administration and legislation of the General Government. Thus will
+the federal system, whatever expansion time and progress may give it,
+continue more and more deeply rooted in the love and confidence of the
+people.
+
+That wise economy which is as far removed from parsimony as from corrupt
+and corrupting extravagance; that single regard for the public good
+which will frown upon all attempts to approach the Treasury with
+insidious projects of private interest cloaked under public pretexts;
+that sound fiscal administration which, in the legislative department,
+guards against the dangerous temptations incident to overflowing
+revenue, and, in the executive, maintains an unsleeping watchfulness
+against the tendency of all national expenditure to extravagance, while
+they are admitted elementary political duties, may, I trust, be deemed
+as properly adverted to and urged in view of the more impressive sense
+of that necessity which is directly suggested by the considerations now
+presented.
+
+Since the adjournment of Congress the Vice-President of the United
+States has passed from the scenes of earth, without having entered upon
+the duties of the station to which he had been called by the voice of
+his countrymen. Having occupied almost continuously for more than thirty
+years a seat in one or the other of the two Houses of Congress, and
+having by his singular purity and wisdom secured unbounded confidence
+and universal respect, his failing health was watched by the nation
+with painful solicitude. His loss to the country, under all the
+circumstances, has been justly regarded as irreparable.
+
+In compliance with the act of Congress of March 2, 1853, the oath of
+office was administered to him on the 24th of that month at Ariadne
+estate, near Matanzas, in the island of Cuba; but his strength gradually
+declined, and was hardly sufficient to enable him to return to his home
+in Alabama, where, on the 18th day of April, in the most calm and
+peaceful way, his long and eminently useful career was terminated.
+
+Entertaining unlimited confidence in your intelligent and patriotic
+devotion to the public interest, and being conscious of no motives on
+my part which are not inseparable from the honor and advancement of my
+country, I hope it may be my privilege to deserve and secure not only
+your cordial cooperation in great public measures, but also those
+relations of mutual confidence and regard which it is always so
+desirable to cultivate between members of coordinate branches of the
+Government.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 12, 1853_.
+
+_To the Senate of the United States_:
+
+In answer to the resolutions of the Senate of the 17th of August, 1852,
+and 23d of February last, requesting a copy of correspondence relative
+to the claim on the Government of Portugal in the case of the brig
+_General Armstrong_, I transmit a report from the Secretary of State,
+to whose Department the resolutions were referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_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 Paraguay, concluded on the 4th of March last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_To the Senate of the United States_:
+
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty for the free navigation of the rivers Parana and
+Uruguay between the United States and the Argentine Confederation,
+concluded on the 10th of July last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_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 Argentine Confederation, concluded on the 27th
+of July last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1853_.
+
+_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 extradition of fugitives
+from justice in certain cases, concluded at London on the 12th day of
+September last between the Government of the United States and the
+Kingdom of Bavaria.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 19, 1853_.
+
+_To the Senate of the United States_:
+
+
+I transmit certain documents in answer to the resolution of the Senate
+of the 6th of April ultimo, requesting information in regard to
+transactions between Captain Hollins, of the _Cyane_, and the
+authorities at San Juan de Nicaragua.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 23, 1853_.
+
+_To the Senate of the United States_:
+
+
+In answer to the resolution of the Senate of the 18th January, 1853,
+in regard to the claims of American citizens against Hayti and to the
+correspondence of the special agent sent to Hayti and St. Domingo in
+1849, I transmit a report from the Secretary of State and the documents
+by which it is accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 31, 1853_.
+
+_To the Senate of the United States_:
+
+
+I transmit to the Senate a report from the Secretary of State, with
+accompanying papers,[1] in answer to their resolution of the 12th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 1: Correspondence relative to the treaty of Wathington of July
+4, 1850, between Great Britain and the United States]
+
+
+
+WASHINGTON CITY, _January 9, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate a letter from the Secretary of the
+Interior, accompanied by a report of the result of an investigation of
+the charge of fraud and misconduct in office alleged against Alexander
+Ramsey, superintendent of Indian affairs in Minnesota, which I have
+caused to be made in compliance with the Senate's resolution of the 5th
+of April last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 9, 1854_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 3d
+of January, 1854, I have the honor to transmit herewith a letter of the
+Secretary of the Navy and the papers[2] accompanying it.
+
+FRANKLIN PIERCE.
+
+[Footnote 2: Correspondence with and orders to commanders of vessels or
+squadrons on the Atlantic coast of British North America relative to
+protecting the rights of fishing and navigation secured to citizens of
+the United States under treaties with Great Britain.]
+
+
+
+WASHINGTON, _January 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[3] in compliance with the resolution of the
+House of Representatives of the 3d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 3: Relating to seizure and imprisonment by Spanish authorities
+at Puerto Rico of officers and crew of schooner _North Carolina_.]
+
+
+
+WASHINGTON, _January 23, 1854_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report of the Secretary of State, together with
+the set of works illustrative of the exhibition in London of 1851 to
+which it refers, in order that such disposal may be made of them as may
+be deemed advisable.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 25, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[4] in compliance with a resolution of the Senate
+of the 23d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 4: Relating to a complimentary mission to the United States of
+Archbishop Gaetano Bedini, apostolic nuncio to the Empire of Brazil, for
+the purpose of conveying, in the name of Pope Pius IX, sentiments of
+regard for the President of the United States.]
+
+
+
+WASHINGTON, _February 2, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[5] in compliance with the resolution of the
+House of Representatives of the 30th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 5: Correspondence with the American charge to Austria relative
+to the claim of Simon Tousig to the protection of the United States.]
+
+
+
+EXECUTIVE OFFICE, _February 4, 1854_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate herewith, for their constitutional action
+thereon, a treaty negotiated on the 27th of July, 1853, by Agent Thomas
+Fitzpatrick, on behalf of the United States, with the Comanche, Kiowa,
+and Apache Indians inhabiting the territory on the Arkansas River.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE, _February 4, 1854_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate herewith, for their constitutional action
+thereon, two treaties, one negotiated on the 10th day of September,
+1853, by Superintendent Joel Palmer and Agent Samuel H. Culver, on the
+part of the United States, and the chiefs and headmen of the bands of
+the Rogue River tribe of Indians in Oregon; the other negotiated on
+the 19th of the same month, on behalf of the Government by the said
+superintendent, with the chiefs of the Crow Creek band of Umpqua Indians
+in said Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 6, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State upon the subject of the
+resolution[6] of the House of Representatives of the 14th of December
+last, and recommend that the appropriation therein suggested as being
+necessary to enable him to comply with the resolution be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 6: Requesting a statement of the privileges and restrictions
+of the commercial intercourse of the United States with foreign nations
+and a comparative statement between the tariff of the United States and
+other nations.]
+
+
+
+WASHINGTON, _February 10, 1854_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit a communication from the Secretary of the Navy,
+accompanied by the second 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 Lardner Gibbon under instructions from the
+Navy Department.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 10th, 1854_.
+
+_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 Mexican
+Republic, signed by the plenipotentiaries of the parties in the City of
+Mexico on the 30th of December last. Certain amendments are proposed to
+the instrument, as hereinafter specified, viz:
+
+In order to make the duties and obligations stipulated in the second
+article reciprocal, it is proposed to add to that article the following:
+
+
+ And the Government of Mexico agrees that the stipulations contained in
+ this article to be performed by the United States shall be reciprocal,
+ and Mexico shall be under like obligations to the United States and the
+ citizens thereof as those hereinabove imposed on the latter in favor of
+ the Republic of Mexico and Mexican citizens.
+
+
+It is also recommended that for the third article of the original treaty
+the following shall be adopted as a substitute:
+
+
+ In consideration of the grants received by the United States and the
+ obligations relinquished by the Mexican Republic pursuant to this
+ treaty, the former agree to pay to the latter the sum of $15,000,000
+ in gold or silver coin at the Treasury at Washington, one-fifth of
+ the amount on the exchange of ratifications of the present treaty at
+ Washington and the remaining four-fifths in monthly installments of
+ three millions each, with interest at the rate of 6 per cent per annum
+ until the whole be paid, the Government of the United States reserving
+ the right to pay up the whole sum of fifteen millions at an earlier
+ date, as may be to it convenient.
+
+ The United States also agree to assume all the claims of their citizens
+ against the Mexican Republic which may have arisen under treaty or
+ the law of nations since the date of the signature of the treaty of
+ Guadalupe, and the Mexican Republic agrees to exonerate the United
+ States of America from all claims of Mexico or Mexican citizens which
+ may have arisen under treaty or the law of nations since the date of
+ the treaty of Guadalupe, so that each Government, in the most formal
+ and effective manner, shall be exempted and exonerated of all such
+ obligations to each other respectively.
+
+
+I also recommend that the eighth article be modified by striking out all
+after the word "attempts" in the twenty-third line of that article. The
+part to be omitted is as follows:
+
+
+ They mutually and especially obligate themselves, in all cases of such
+ lawless enterprises which may not have been prevented through the civil
+ authorities before formation, to aid with the naval and military forces,
+ on due notice being given by the aggrieved party of the aggressions of
+ the citizens and subjects of the other, so that the lawless adventurers
+ may be pursued and overtaken on the high seas, their elements of war
+ destroyed, and the deluded captives held responsible in their persons
+ and meet with the merited retribution inflicted by the laws of nations
+ against all such disturbers of the peace and happiness of contiguous and
+ friendly powers. It being understood that in all cases of successful
+ pursuit and capture the delinquents so captured shall be judged and
+ punished by the government of that nation to which the vessel capturing
+ them may belong, conformably to the laws of each nation.
+
+
+At the close of the instrument it will also be advisable to substitute
+"seventy-eighth" for "seventy-seventh" year of the Independence of the
+United States.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 13, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention for the
+establishment of international copyright, which was concluded at
+Washington on the 17th of February, 1853, between the United States of
+America and Her Britannic Majesty, extending the time limited in that
+convention for the exchange of the ratifications of the same.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 23, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report from the Secretary of State and the
+documents[7] therein referred to, in compliance with the resolution of
+the Senate of the 13th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 7: Relating to the repair of the United States frigate
+_Susquehanna_ at Rio de Janeiro.]
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, with
+accompanying documents,[8] in compliance with their resolution of the 2d
+ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 8: Communications from the American legation at Constantinople
+respecting the seizure of Martin Koszta by Austrian authorities at
+Smyrna.]
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the House of Representatives_:
+
+In accordance with the resolution of the House of Representatives of
+the 13th instant, requesting information respecting negotiations with
+Peru for the removal of restrictions upon the exportation of guano,
+I transmit herewith a report from the Secretary of State, with the
+correspondence therein referred to.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives
+of the 23d January last, "that the President of the United States
+be respectfully requested to furnish this House with copies of all
+contracts made by and correspondence subsequently with the Chief of
+the Bureau of Topographical Engineers for furnishing materials of wood
+and stone for improving the harbors and rivers on Lake Michigan, under
+and by virtue of the act making appropriations for the improvement of
+certain harbors and rivers," approved August 30, 1852, I transmit
+a letter of the Secretary of War submitting a report of the Colonel
+of Topographical Engineers inclosing copies of the contracts and
+correspondence called for.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 7th of December last,
+requesting me to present to the Senate the plan referred to in my annual
+message to Congress, and recommended therein, for the enlargement and
+modification of the present judicial system of the United States,
+I transmit a report from the Attorney-General, to whom the resolution
+was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report of the Attorney-General, in answer to
+the resolutions of the House of the 22d of December, requesting me to
+communicate to the House the plan for the modification and enlargement
+of the judicial system of the United States, recommended in my annual
+message to Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 7, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State and the
+documents[9] therein referred to, in answer to the resolution of the
+Senate of the 26th March, 1853.
+
+FRANKLIN PIERCE.
+
+[Footnote 9: Correspondence with R.C. Schenck, United States minister to
+Brazil, relative to the African slave trade.]
+
+
+
+WASHINGTON, _March 7, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State and the
+documents[10] therein referred to, in answer to the resolution of the
+Senate in executive session of the 3d January, 1854.
+
+FRANKLIN PIERCE.
+
+[Footnote 10: Correspondence with the Mexican Republic touching the
+eleventh article of the treaty of Guadalupe Hidalgo, and copies of
+instructions on that subject to the United States minister to Mexico.]
+
+
+
+WASHINGTON, _March 11, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a report of the Secretary of State,
+with accompanying documents,[11] in compliance with their resolution of
+the 9th of March, 1853.
+
+FRANKLIN PIERCE.
+
+[Footnote 11: Correspondence relative to the imprisonment, etc., of James
+H. West in the island of Cuba.]
+
+
+
+WASHINGTON, _March 14, 1854_.
+
+_To the Senate of the United States_:
+
+In transmitting to the Senate the report of the Secretary of
+State, together with the documents therein referred to, being the
+correspondence called for by the resolution of that body of the 9th of
+January last, I deem it proper to state briefly the reasons which have
+deterred me from sending to the Senate for ratification the proposed
+convention between the United States of America and the United Mexican
+States, concluded by the respective plenipotentiaries of the two
+Governments on the 21st day of March, 1853, on the subject of a transit
+way across the Isthmus of Tehuantepec.
+
+Without adverting to the want of authority on the part of the American
+minister to conclude any such convention, or to the action of this
+Government in relation to the rights of certain of its citizens under
+the grant for a like object originally made to Jose Garay, the
+objections to it upon its face are numerous, and should, in my judgment,
+be regarded as conclusive.
+
+Prominent among these objections is the fact that the convention binds
+us to a foreign Government, to guarantee the contract of a private
+company with that Government for the construction of the contemplated
+transit way, "to protect the persons engaged and property employed in
+the construction of the said work from the commencement thereof to
+its completion against all confiscation, spoliation, or violence of
+whatsoever nature," and to guarantee the entire security of the capital
+invested therein during the continuance of the contract. Such is the
+substance of the second and third articles.
+
+Hence it will be perceived that the obligations which this Government is
+asked to assume are not to terminate in a few years, or even with the
+present generation.
+
+And again: "If the regulations which may be prescribed concerning the
+traffic on said transit way shall be clearly contrary to the spirit and
+intention of this convention," even then this Government is not to be at
+liberty to withdraw its "protection and guaranty" without first giving
+one year's notice to the Mexican Government.
+
+When the fact is duly considered that the responsibility of this
+Government is thus pledged for a long series of years to the interests
+of a private company established for purposes of internal improvement,
+in a foreign country, and that country peculiarly subject to civil wars
+and other public vicissitudes, it will be seen how comprehensive and
+embarrassing would be those engagements to the Government of the United
+States.
+
+Not less important than this objection is the consideration that the
+United States can not agree to the terms of this convention without
+disregarding the provisions of the eighth article of the convention
+which this Government entered into with Great Britain on April 19, 1850,
+which expressly includes any interoceanic communication whatever by the
+Isthmus of Tehuantepec. However inconvenient may be the conditions of
+that convention, still they exist, and the obligations of good faith
+rest alike upon the United States and Great Britain.
+
+Without enlarging upon these and other questionable features of the
+proposed convention which will suggest themselves to your minds, I will
+only add that after the most careful consideration I have deemed it my
+duty not to ask for its ratification by the Senate.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 15, 1854_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+10th instant, I herewith transmit a report of the Secretary of State,
+containing all the information received at the Department in relation to
+the seizure of the _Black Warrior_ at Havana on the 28th ultimo.
+
+There have been in the course of a few years past many other instances
+of aggression upon our commerce, violations of the rights of American
+citizens, and insults to the national flag by the Spanish authorities in
+Cuba, and all attempts to obtain redress have led to protracted, and as
+yet fruitless, negotiations.
+
+The documents in these cases are voluminous, and when prepared will be
+sent to Congress.
+
+Those now transmitted relate exclusively to the seizure of the _Black
+Warrior_, and present so clear a case of wrong that it would be
+reasonable to expect full indemnity therefor as soon as this
+unjustifiable and offensive conduct shall be made known to Her Catholic
+Majesty's Government; but similar expectations in other cases have not
+been realized.
+
+The offending party is at our doors with large powers for aggression,
+but none, it is alleged, for reparation. The source of redress is in
+another hemisphere, and the answers to our just complaints made to the
+home Government are but the repetition of excuses rendered by inferior
+officials to their superiors in reply to representations of misconduct.
+The peculiar situation of the parties has undoubtedly much aggravated
+the annoyances and injuries which our citizens have suffered from the
+Cuban authorities, and Spain does not seem to appreciate to its full
+extent her responsibility for the conduct of these authorities. In
+giving very extraordinary powers to them she owes it to justice and
+to her friendly relations with this Government to guard with great
+vigilance against the exorbitant exercise of these powers, and in case
+of injuries to provide for prompt redress.
+
+I have already taken measures to present to the Government of Spain the
+wanton injury of the Cuban authorities in the detention and seizure of
+the _Black Warrior_, and to demand immediate indemnity for the injury
+which has thereby resulted to our citizens.
+
+In view of the position of the island of Cuba, its proximity to our
+coast, the relations which it must ever bear to our commercial and
+other interests, it is vain to expect that a series of unfriendly
+acts infringing our commercial rights and the adoption of a policy
+threatening the honor and security of these States can long consist
+with peaceful relations.
+
+In case the measures taken for amicable adjustment of our difficulties
+with Spain should, unfortunately, fail, I shall not hesitate to use the
+authority and means which Congress may grant to insure the observance of
+our just rights, to obtain redress for injuries received, and to
+vindicate the honor of our flag.
+
+In anticipation of that contingency, which I earnestly hope may not
+arise, I suggest to Congress the propriety of adopting such provisional
+measures as the exigency may seem to demand.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, March 17, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action, two
+treaties recently negotiated by the Commissioner of Indian Affairs, as
+commissioner on the part of the United States, with the delegates now at
+the seat of Government representing the confederated tribes of Otoes and
+Missourias and the Omaha Indians, for the extinguishment of their titles
+to lands west of the Missouri River.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, March 18. 1854_.
+
+Hon. LINN BOYD,
+
+_Speaker of the House of Representatives_.
+
+SIR: I transmit to you herewith a report of the present date from the
+Secretary of the Interior, accompanied by a tabular statement containing
+the information[12] called for by resolution of the House of
+Representatives adopted the 13th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 12: Area of each State and Territory; extent of the public
+domain remaining in each State and Territory, and the extent alienated
+by sales, grants, etc.]
+
+
+
+WASHINGTON, _March 21, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 15th instant, adopted
+in executive session, I transmit confidentially a report from the
+Secretary of State and the documents[13] by which it was accompanied.
+Pursuant to the suggestion in the report, it is desirable that such of
+the papers as may be originals should be returned to the Department of
+State.
+
+FRANKLIN PIERCE.
+
+[Footnote 13: Instructions and correspondence relative to the negotiation
+of the treaty with Mexico of December 30, 1853, etc.]
+
+
+
+EXECUTIVE OFFICE,
+
+_March 25, 1854_.
+
+Hon. LENN BOYD,
+
+_Speaker of the House of Representatives_:
+
+I communicate to the House of Representatives herewith a report from the
+Secretary of the Interior, dated the 24th instant, containing so much of
+the information called for by the resolution of the 17th instant as it
+is practicable or compatible with the public interest to furnish at
+the present time, respecting the proceedings which have been had and
+negotiations entered into for the extinguishment of the Indian titles
+to lands west of the States of Missouri and Iowa.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 29, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 21st instant, adopted
+in executive session, relative to the claims of the Mexican Government
+and of citizens of the Mexican Republic on this Government, and of
+citizens of the United States on the Government of that Republic, I
+transmit a report from the Secretary of State, to whom the resolution
+was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 31, 1854_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 13th instant,
+requesting a confidential communication of information touching the
+expedition under the authority of this Government for the purpose of
+opening trade with Japan, I transmit a report from the Secretary of
+State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, D.C., _April 1, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of State in reply to the
+resolution of the Senate of the 27th ultimo.
+
+That part of the document which purports to recite my official
+instructions is strictly correct; that which is avowedly unofficial and
+unauthorized, it can hardly be necessary for me to say, in view of the
+documents already before the Senate, does not convey a correct
+impression of my "views and wishes."
+
+At no time after an intention was entertained of sending Mr. Ward as
+special agent to Mexico was either the Garay grant or the convention
+entered into by Mr. Conkling alluded to otherwise than as subjects which
+might embarrass the negotiation of the treaty, and were consequently not
+included in the instructions.
+
+While the departure of Mr. Ward, under any circumstances or in any
+respect, from the instructions committed to him is a matter of regret,
+it is just to say that, although he failed to convey in his letter to
+General Gadsden the correct import of remarks made by me anterior to his
+appointment as special agent, I impute to him no design of
+misrepresentation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report of the Secretary of State, with
+accompanying documents,[14] in compliance with their resolution of
+the 14th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 14: Correspondence relative to the seizure of Martin Koszta
+by Austrian authorities at Smyrna.]
+
+
+
+WASHINGTON, _April 5, 1854_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith to the House of Representatives a report of the
+Secretary of State, with accompanying documents,[15] in further compliance
+with their resolution of the 10th of March, 1854.
+
+FRANKLIN PIERCE.
+
+[Footnote 15: Relating to violations of the rights of American citizens
+by Spanish authorities and their refusal to allow United States vessels
+to enter ports of Cuba, etc.]
+
+
+
+WASHINGTON, _April 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[16] from the Secretary of State, in answer
+to the resolution of the Senate in executive session of the 3d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 16: Relating to expeditions organized in California for the
+invasion of Sonora, Mexico.]
+
+
+
+WASHINGTON, _April 8, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith to the House of Representatives a report[17] of the
+Secretary of State, in answer to their resolution of the 3d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 17: Stating that the correspondence relative to the refusal
+by the authorities of Cuba to permit the United States mail steamer
+_Crescent City_ to land mail and passengers at Havana had been
+transmitted with the message to the House of April 5, 1854.]
+
+
+
+WASHINGTON, _April 10, 1854_
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a communication from the Secretary
+of the Interior, accompanied by the articles of a convention recently
+entered into for an exchange of country for the future residence of the
+Winnebago Indians, and recommend their ratification with the amendment
+suggested by the Secretary of the Interior.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 11, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[18] from the Secretary of State, in reply
+to the Senate's resolution of yesterday passed in executive session.
+
+FRANKLIN PIERCE.
+
+[Footnote 18: Relating to claims growing out of the eleventh article of
+the treaty of Guadalupe Hidalgo.]
+
+
+
+WASHINGTON, _April 12, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[19] in compliance with the resolution of the
+House of Representatives of the 4th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 19: Correspondence relative to the seizure of Martin Koszta
+by Austrian authorities at Smyrna.]
+
+
+
+WASHINGTON, _April 13, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[20] from the Secretary of State, in reply
+to the resolution of the Senate adopted in executive session yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 20: Relating to the abrogation of the eleventh article of the
+treaty of Guadalupe Hidalgo, etc.]
+
+
+
+WASHINGTON, _April 24, 1854_.
+
+_To the Senate of the United States_:
+
+I have the honor to transmit herewith a report of the Attorney-General,
+suggesting modifications in the manner of conducting the legal business
+of the Government, which are respectfully commended to your favorable
+consideration.
+
+FRANKLIN PIERCE.
+
+[The same message was also addressed to the Speaker of the House of
+Representatives.]
+
+
+
+WASHINGTON, _April 27, 1834_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence between the Secretary
+of State and Her Britannic Majesty's minister accredited to this
+Government, and between the Secretary of State and the Secretary of the
+Treasury, relative to the expediency of further measures for the safety,
+health, and comfort of immigrants to the United States by sea. As it is
+probable that further legislation may be necessary for the purpose of
+securing those desirable objects, I commend the subject to the
+consideration of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 2, 1854_.
+
+_To the House of Representatives_:
+
+I transmit the report[21] of the Secretary of State in compliance with a
+resolution of the House of Representatives of the 5th ultimo.
+
+It is presumed that the omission from the resolution of the usual
+clause giving the Executive a discretion in its answer was accidental, and
+as there does not appear to be anything in the accompanying papers
+which upon public considerations should require them to be withheld,
+they are communicated accordingly.
+
+FRANKLIN PIERCE.
+
+[Footnote 21: Relating to the application of Rev. James Cook Richmond for
+redress of wrongs alleged to have been committed by Austrian authorities
+in Pest, and to the refusal to grant an exequatur upon the commission of
+the United States consul appointed for Trieste.]
+
+
+
+WASHINGTON, _May 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with accompanying
+documents,[22] in compliance with the resolution of the Senate of
+the 12th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 22: Correspondence relative to the arrest and detention at
+Bremen of Conrad Schmidt, and arrest and maltreatment at Heidelberg of
+E.T. Dana, W.B. Dingle, and David Ramsay, all citizens of the United
+States; correspondence with the King of Prussia relative to religious
+toleration.]
+
+
+
+WASHINGTON, _May 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[23] from the Secretary of State, together
+with the documents therein referred to, in compliance with the resolution
+of the Senate of the 12th January last.
+
+FRANKLIN PIERCE.
+
+[Footnote 23: Relating to the impressment of seamen from the United
+States whale ship _Addison_ at Valparaiso, and imprisonment of William
+A. Stewart, an American citizen, at Valparaiso on the charge of murder,
+and on conviction released by Chilean authorities.]
+
+
+
+WASHINGTON, _May 11, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[24] in answer to the resolution of the House of Representatives
+of the 1st instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 24: Relating to the rights accorded to neutrals and the rights
+claimed by belligerents in the war between certain European powers.]
+
+
+
+WASHINGTON, _May 20, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[25] in compliance with the Senate's resolution
+of the 30th of January last.
+
+FRANKLIN PIERCE.
+
+[Footnote 25: Correspondence relative to the difficulties between Rev.
+Jonas King and the Government of Greece.]
+
+
+
+WASHINGTON, _May 23, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, on the subject of
+documents[26] called for by the resolution of the Senate of the 9th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 26: Researches of H.S. Sanford, late charge d'affaires at
+Paris, on the condition of penal law in continental Europe, etc.; also a
+"Memoir on the Administrative Changes in France since the Revolution of
+1848," by H.S. Sanford.]
+
+
+
+WASHINGTON, _May 25, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, four several treaties recently negotiated in this city by
+George W. Manypenny, as commissioner on the part of the United States,
+with the delegates of the Delaware, Ioway, Kickapoo, and Sac and Fox
+tribes of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 29, 1854_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty negotiated on the 12th instant at the Falls of Wolf
+River, in Wisconsin, by Francis Huebschmann, superintendent of Indian
+affairs for the northern superintendency, and the Menomonee Indians, by
+the chiefs, headmen, and warriors of that tribe.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 30, 1854_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[27] in compliance with the resolution of the
+House of Representatives of the 20th December last.
+
+FRANKLIN PIERCE.
+
+[Footnote 27: Correspondence relative to the imposition of Sound dues,
+etc., upon United States commerce to the Baltic.]
+
+
+
+WASHINGTON, _June 12, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[28] in answer to the resolution of the House of Representatives
+of the 24th of April last.
+
+FRANKLIN PIERCE.
+
+[Footnote 28: Relating to the instructions referred to by President
+Monroe in his annual message of December 2, 1823, on the subject of the
+issue of commissions to private armed vessels.]
+
+
+
+WASHINGTON, _June 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[29] in compliance with the resolution of the
+House of Representatives of the 30th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 29: Correspondence of the American minister to Turkey relative
+to the expulsion of the Greeks from Constantinople.]
+
+
+
+WASHINGTON, _June 20, 1854_.
+
+_To the House of Representatives_:
+
+I have received information that the Government of Mexico has agreed to
+the several amendments proposed by the Senate to the treaty between the
+United States and the Republic of Mexico signed on the 30th of December
+last, and has authorized its envoy extraordinary to this Government to
+exchange the ratifications thereof. The time within which the
+ratifications can be exchanged will expire on the 30th instant.
+
+There is a provision in the treaty for the payment by the United States
+to Mexico of the sum of $7,000,000 on the exchange of ratifications and
+the further sum of $3,000,000 when the boundaries of the ceded territory
+shall be settled.
+
+To be enabled to comply with the stipulation according to the terms
+of the treaty relative to the payments therein mentioned, it will be
+necessary that Congress should make an appropriation of $7,000,000 for
+that purpose before the 30th instant, and also the further sum of
+$3,000,000, to be paid when the boundaries shall be established.
+
+I therefore respectfully request that these sums may be put at the
+disposal of the Executive.
+
+I herewith transmit to the House of Representatives a copy of the said
+treaty.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 20, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty extending the right of fishing and regulating the
+commerce and navigation between Her Britannic Majesty's possessions in
+North America and the United States, concluded in this city on the 5th
+instant between the United States and Her Britannic Majesty.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 24, 1854_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the copy of two communications of the 26th ultimo
+and 4th instant, respectively, from Her Britannic Majesty's minister
+accredited to this Government to the Secretary of State, relative to the
+health on shipboard of immigrants from foreign countries to the United
+States. This was the subject of my message to Congress of the 27th of
+April last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON CITY, _June 29, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate, for its constitutional action
+thereon, three treaties recently negotiated in this city by George
+W. Manypenny, as commissioner on the part of the United States; one
+concluded on the 19th ultimo with the delegates of the Shawnee Indians,
+one on the 5th instant with the Miami Indians, and the other on the 30th
+ultimo with the united tribes of Kaskaskia and Peoria and Wea and
+Piankeshaw Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 3, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its constitutional action
+thereon, an article of agreement made on the 13th day of June, 1854,
+by William H. Garrett, agent on the part of the United States, and a
+delegation of Creek Indians, supplementary to the Creek treaty of 1838.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 5, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 1st instant, I
+herewith return the articles of convention made and concluded with the
+Winnebago Indians on the 6th of August, 1853, together with the Senate
+resolution of the 9th ultimo, advising and consenting to the
+ratification of the same with amendments.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 12, 1854_.
+
+_To the House of Representatives_:
+
+I transmit herewith the inclosed communication from the Secretary of the
+Navy, respecting the observations of Lieutenant James M. Gillis, of the
+United States Navy, and the accompanying documents.[30]
+
+FRANKLIN PIERCE.
+
+[Footnote 30: Report of the United States naval astronomical expedition
+to the Southern Hemisphere.]
+
+
+
+WASHINGTON, _July 12, 1854_.
+
+_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 Empire of
+Japan, signed at Kanagawa on the 31st day of March last by the
+plenipotentiaries of the two Governments. The Chinese and Dutch
+translations of the instrument and the chart and sketch to which it
+refers are also herewith communicated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 17, 1854_.
+
+_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 Her Britannic
+Majesty for the extension of the period limited for the duration of the
+mixed commission under convention between the United States and Great
+Britain of the 8th of February, 1853.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[31] in answer to the resolution of the House of Representatives
+of the 6th of February last.
+
+FRANKLIN PIERCE.
+
+[Footnote 31: Correspondence of Humphrey Marshall, commissioner to China.]
+
+
+
+WASHINGTON, _July 22, 1854_.
+
+_To the Senate of the United States_:
+
+I have this day given my signature to the "Act making further
+appropriations for the improvement of the Cape Fear River, in North
+Carolina."
+
+The occasion seems to render it proper for me to deviate from the
+ordinary course of announcing the approval of bills by an oral statement
+only, and, for the purpose of preventing any misapprehension which might
+otherwise arise from the phraseology of this act, to communicate
+in writing that my approval is given to it on the ground that the
+obstructions which the proposed appropriation is intended to remove
+are the result of acts of the General Government.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 24, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention concerning the rights of neutrals, concluded
+in this city on the 22d instant between the United States and His
+Majesty the Emperor of all the Russias.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 26, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, in answer to the
+resolution of the Senate of the 23d of May last, relative to the slave
+trade in the island of Cuba.
+
+The information contained in the papers accompanying the report will, it
+is believed, be considered important, and perhaps necessary to enable
+the Senate to form an opinion upon the subjects to which they relate;
+but doubts may be entertained in regard to the expediency of publishing
+some of the documents at this juncture.
+
+This communication is accordingly addressed to the Senate in executive
+session, in order that a discretion may be exercised in regard to its
+publication.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 27, 1854_.
+
+The PRESIDENT OF THE SENATE:
+
+In compliance with the resolution of the Senate of the 24th instant,
+requesting me to cause to be transmitted to the Senate the Fourth
+Meteorological Report of Professor Espy, the accompanying papers and
+charts are respectfully submitted.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with the Senate resolution of the 10th July instant,
+requesting that I would "cause to be communicated to the Senate copies
+of all the correspondence and other official documents on file in
+the Department of the Interior respecting the claims of persons for
+services performed and supplies and subsistence furnished to Indians
+in California under contracts with Indian agents in the year 1851, and
+embracing the names of claimants, the amount, respectively, of their
+claims, on what account created and by what authority, if any,"
+I transmit herewith a communication from the Secretary of the Interior,
+accompanied by copies of all the papers called for which have not
+heretofore been furnished. As it appears that most of the papers called
+for were communicated to the Senate at its first and special sessions
+of the Thirty-second Congress, I have not supposed that it was the
+intention of the Senate to have them again sent, and I have therefore
+not directed them to be copied.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 31, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 28th instant,
+requesting information in respect to the bombardment of San Juan de
+Nicaragua, I transmit reports from the Secretaries of State and of the
+Navy, with the documents which accompanied them.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 31, 1854_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 28th
+instant, requesting information in regard to the destruction of San Juan
+de Nicaragua, I transmit reports from the Secretaries of State and of
+the Navy, with the documents accompanying them.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 1, 1854_.
+
+_To the Senate of the United States_:
+
+I hasten to respond briefly to the resolution of the Senate of this
+date, "requesting the President to inform the Senate, if in his opinion
+it be not incompatible with the public interest, whether anything has
+arisen since the date of his message to the House of Representatives of
+the 15th of March last concerning our relations with the Government of
+Spain which in his opinion may dispense with the suggestions therein
+contained touching the propriety of 'provisional measures' by Congress
+to meet any exigency that may arise in the recess of Congress affecting
+those relations."
+
+In the message to the House of Representatives referred to I availed
+myself of the occasion to present the following reflections and
+suggestions:
+
+
+ In view of the position of the island of Cuba, its proximity to our
+ coast, the relations which it must ever bear to our commercial and
+ other interests, it is vain to expect that a series of unfriendly
+ acts infringing our commercial rights and the adoption of a policy
+ threatening the honor and security of these States can long consist
+ with peaceful relations.
+
+ In case the measures taken for amicable adjustment of our difficulties
+ with Spain should, unfortunately, fail, I shall not hesitate to use the
+ authority and means which Congress may grant to insure the observance
+ of our just rights, to obtain redress for injuries received, and to
+ vindicate the honor of our flag.
+
+ In anticipation of that contingency, which I earnestly hope may not
+ arise, I suggest to Congress the propriety of adopting such provisional
+ measures as the exigency may seem to demand.
+
+
+The two Houses of Congress may have anticipated that the hope then
+expressed would be realized before the period of its adjournment,
+and that our relations with Spain would have assumed a satisfactory
+condition, so as to remove past causes of complaint and afford better
+security for tranquillity and justice in the future. But I am
+constrained to say that such is not the fact. The formal demand for
+immediate reparation in the case of the _Black Warrior_, instead of
+having been met on the part of Spain by prompt satisfaction, has only
+served to call forth a justification of the local authorities of Cuba,
+and thus to transfer the responsibility for their acts to the Spanish
+Government itself.
+
+Meanwhile information, not only reliable in its nature, but of an
+official character, was received to the effect that preparation was
+making within the limits of the United States by private individuals
+under military organization for a descent upon the island of Cuba with
+a view to wrest that colony from the dominion of Spain. International
+comity, the obligations of treaties, and the express provisions of law
+alike required, in my judgment, that all the constitutional power of
+the Executive should be exerted to prevent the consummation of such a
+violation of positive law and of that good faith on which mainly the
+amicable relations of neighboring nations must depend. In conformity
+with these convictions of public duty, a proclamation was issued to warn
+all persons not to participate in the contemplated enterprise and to
+invoke the interposition in this behalf of the proper officers of the
+Government. No provocation whatever can justify private expeditions of
+hostility against a country at peace with the United States. The power
+to declare war is vested by the Constitution in Congress, and the
+experience of our past history leaves no room to doubt that the wisdom
+of this arrangement of constitutional power will continue to be verified
+whenever the national interest and honor shall demand a resort to
+ultimate measures of redress. Pending negotiations by the Executive,
+and before the action of Congress, individuals could not be permitted
+to embarrass the operations of the one and usurp the powers of the other
+of these depositaries of the functions of Government.
+
+I have only to add that nothing has arisen since the date of my former
+message to "dispense with the suggestions therein contained touching the
+propriety of provisional measures by Congress."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 2, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report of the Secretary of State, with the
+accompanying documents,[32] in answer to the resolution of the Senate
+of the 5th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 32: Correspondence relative to the imprisonment of George
+Marsden and to the seizure of the cargo of the American bark _Griffon_
+by the authorities of Brazil.]
+
+
+
+WASHINGTON, _August 2, 1854_.
+
+_To the House of Representatives_:
+
+I herewith transmit to you a copy of a treaty between the United States
+and Great Britain, negotiated at Washington on the 5th of June last.
+It has been concurred in by the Senate, and I have no doubt that the
+ratifications of it will be soon exchanged. It will be observed that by
+the provision of the fifth article the treaty does not go into operation
+until after legislation thereon by the respective parties.
+
+Should Congress at its present session pass the requisite law on the
+part of the United States to give effect to its stipulations, the
+fishing grounds on the coasts of the British North American Provinces,
+from which our fishermen have been heretofore excluded, may be opened to
+them during the present season, and apprehended collisions between them
+and British fishermen avoided.
+
+For this reason and for the purpose of securing to the citizens of the
+United States at the earliest practicable period other advantages which
+it is believed they will derive from this treaty, I recommend the
+passage by Congress at the present session of such a law as is necessary
+on the part of the United States to give effect to its provisions.
+
+FRANKLIN PIERCE.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _May 3, 1854_.
+
+_To the Senate of the United States_:
+
+The bill entitled "An act making a grant of public lands to the several
+States for the benefit of indigent insane persons," which was presented
+to me on the 27th ultimo, has been maturely considered, and is returned
+to the Senate, the House in which it originated, with a statement of the
+objections which have required me to withhold from it my approval.
+
+In the performance of this duty, prescribed by the Constitution, I have
+been compelled to resist the deep sympathies of my own heart in favor
+of the humane purpose sought to be accomplished and to overcome the
+reluctance with which I dissent from the conclusions of the two Houses
+of Congress, and present my own opinions in opposition to the action of
+a coordinate branch of the Government which possesses so fully my
+confidence and respect.
+
+If in presenting my objections to this bill I should say more than
+strictly belongs to the measure or is required for the discharge of my
+official obligation, let it be attributed to a sincere desire to justify
+my act before those whose good opinion I so highly value and to that
+earnestness which springs from my deliberate conviction that a strict
+adherence to the terms and purposes of the federal compact offers the
+best, if not the only, security for the preservation of our blessed
+inheritance of representative liberty.
+
+The bill provides in substance:
+
+First. That 10,000,000 acres of land be granted to the several States,
+to be apportioned among them in the compound ratio of the geographical
+area and representation of said States in the House of Representatives.
+
+Second. That wherever there are public lands in a State subject to sale
+at the regular price of private entry, the proportion of said 10,000,000
+acres falling to such State shall be selected from such lands within it,
+and that to the States in which there are no such public lands land
+scrip shall be issued to the amount of their distributive shares,
+respectively, said scrip not to be entered by said States, but to be
+sold by them and subject to entry by their assignees: _Provided_, That
+none of it shall be sold at less than $1 per acre, under penalty of
+forfeiture of the same to the United States.
+
+Third. That the expenses of the management and superintendence of said
+lands and of the moneys received therefrom shall be paid by the States
+to which they may belong out of the treasury of said States.
+
+Fourth. That the gross proceeds of the sales of such lands or land scrip
+so granted shall be invested by the several States in safe stocks, to
+constitute a perpetual fund, the principal of which shall remain forever
+undiminished, and the interest to be appropriated to the maintenance of
+the indigent insane within the several States.
+
+Fifth. That annual returns of lands or scrip sold shall be made by the
+States to the Secretary of the Interior, and the whole grant be subject
+to certain conditions and limitations prescribed in the bill, to be
+assented to by legislative acts of said States.
+
+This bill therefore proposes that the Federal Government shall make
+provision to the amount of the value of 10,000,000 acres of land for an
+eleemosynary object within the several States, to be administered by the
+political authority of the same; and it presents at the threshold the
+question whether any such act on the part of the Federal Government
+is warranted and sanctioned by the Constitution, the provisions and
+principles of which are to be protected and sustained as a first and
+paramount duty.
+
+It can not be questioned that if Congress has power to make provision
+for the indigent insane without the limits of this District it has the
+same power to provide for the indigent who are not insane, and thus
+to transfer to the Federal Government the charge of all the poor in
+all the States. It has the same power to provide hospitals and other
+local establishments for the care and cure of every species of human
+infirmity, and thus to assume all that duty of either public
+philanthropy or public necessity to the dependent, the orphan, the
+sick, or the needy which is now discharged by the States themselves
+or by corporate institutions or private endowments existing under the
+legislation of the States. The whole field of public beneficence is
+thrown open to the care and culture of the Federal Government. Generous
+impulses no longer encounter the limitations and control of our
+imperious fundamental law; for however worthy may be the present object
+in itself, it is only one of a class. It is not exclusively worthy of
+benevolent regard. Whatever considerations dictate sympathy for this
+particular object apply in like manner, if not in the same degree, to
+idiocy, to physical disease, to extreme destitution. If Congress may
+and ought to provide for any one of these objects, it may and ought to
+provide for them all. And if it be done in this case, what answer shall
+be given when Congress shall be called upon, as it doubtless will be, to
+pursue a similar course of legislation in the others? It will obviously
+be vain to reply that the object is worthy, but that the application has
+taken a wrong direction. The power will have been deliberately assumed,
+the general obligation will by this act have been acknowledged, and the
+question of means and expediency will alone be left for consideration.
+The decision upon the principle in any one case determines it for the
+whole class. The question presented, therefore, clearly is upon the
+constitutionality and propriety of the Federal Government assuming
+to enter into a novel and vast field of legislation, namely, that of
+providing for the care and support of all those among the people of the
+United States who by any form of calamity become fit objects of public
+philanthropy.
+
+I readily and, I trust, feelingly acknowledge the duty incumbent on us
+all as men and citizens, and as among the highest and holiest of our
+duties, to provide for those who, in the mysterious order of Providence,
+are subject to want and to disease of body or mind; but I can not find
+any authority in the Constitution for making the Federal Government the
+great almoner of public charity throughout the United States. To do so
+would, in my judgment, be contrary to the letter and spirit of the
+Constitution and subversive of the whole theory upon which the Union of
+these States is founded. And if it were admissible to contemplate the
+exercise of this power for any object whatever, I can not avoid the
+belief that it would in the end be prejudicial rather than beneficial in
+the noble offices of charity to have the charge of them transferred from
+the States to the Federal Government. Are we not too prone to forget
+that the Federal Union is the creature of the States, not they of
+the Federal Union? We were the inhabitants of colonies distinct in
+local government one from the other before the Revolution. By that
+Revolution the colonies each became an independent State. They achieved
+that independence and secured its recognition by the agency of a
+consulting body, which, from being an assembly of the ministers of
+distinct sovereignties instructed to agree to no form of government
+which did not leave the domestic concerns of each State to itself, was
+appropriately denominated a Congress. When, having tried the experiment
+of the Confederation, they resolved to change that for the present
+Federal Union, and thus to confer on the Federal Government more ample
+authority, they scrupulously measured such of the functions of their
+cherished sovereignty as they chose to delegate to the General
+Government. With this aim and to this end the fathers of the Republic
+framed the Constitution, in and by which the independent and sovereign
+States united themselves for certain specified objects and purposes, and
+for those only, leaving all powers not therein set forth as conferred on
+one or another of the three great departments--the legislative, the
+executive, and the judicial--indubitably with the States. And when the
+people of the several States had in their State conventions, and thus
+alone, given effect and force to the Constitution, not content that any
+doubt should in future arise as to the scope and character of this act,
+they ingrafted thereon the explicit declaration that "the powers not
+delegated to the United States by the Constitution nor prohibited by
+it to the States are reserved to the States respectively or to the
+people." Can it be controverted that the great mass of the business
+of Government--that involved in the social relations, the internal
+arrangements of the body politic, the mental and moral culture of men,
+the development of local resources of wealth, the punishment of crimes
+in general, the preservation of order, the relief of the needy or
+otherwise unfortunate members of society--did in practice remain with
+the States; that none of these objects of local concern are by the
+Constitution expressly or impliedly prohibited to the States, and that
+none of them are by any express language of the Constitution transferred
+to the United States? Can it be claimed that any of these functions
+of local administration and legislation are vested in the Federal
+Government by any implication? I have never found anything in the
+Constitution which is susceptible of such a construction. No one of
+the enumerated powers touches the subject or has even a remote analogy
+to it. The powers conferred upon the United States have reference to
+federal relations, or to the means of accomplishing or executing things
+of federal relation. So also of the same character are the powers taken
+away from the States by enumeration. In either case the powers granted
+and the powers restricted were so granted or so restricted only where
+it was requisite for the maintenance of peace and harmony between the
+States or for the purpose of protecting their common interests and
+defending their common sovereignty against aggression from abroad or
+insurrection at home.
+
+I shall not discuss at length the question of power sometimes claimed
+for the General Government under the clause of the eighth section of the
+Constitution, which gives Congress the power "to lay and collect taxes,
+duties, imposts, and excises, to pay debts and provide for the common
+defense and general welfare of the United States," because if it has not
+already been settled upon sound reason and authority it never will be.
+I take the received and just construction of that article, as if written
+to lay and collect taxes, duties, imposts, and excises _in order_ to pay
+the debts and _in order_ to provide for the common defense and general
+welfare. It is not a substantive general power to provide for the
+welfare of the United States, but is a limitation on the grant of power
+to raise money by taxes, duties, and imposts. If it were otherwise, all
+the rest of the Constitution, consisting of carefully enumerated and
+cautiously guarded grants of specific powers, would have been useless,
+if not delusive. It would be impossible in that view to escape from the
+conclusion that these were inserted only to mislead for the present,
+and, instead of enlightening and defining the pathway of the future,
+to involve its action in the mazes of doubtful construction. Such a
+conclusion the character of the men who framed that sacred instrument
+will never permit us to form. Indeed, to suppose it susceptible of any
+other construction would be to consign all the rights of the States and
+of the people of the States to the mere discretion of Congress, and thus
+to clothe the Federal Government with authority to control the sovereign
+States, by which they would have been dwarfed into provinces or
+departments and all sovereignty vested in an absolute consolidated
+central power, against which the spirit of liberty has so often and
+in so many countries struggled in vain. In my judgment you can not by
+tributes to humanity make any adequate compensation for the wrong you
+would inflict by removing the sources of power and political action from
+those who are to be thereby affected. If the time shall ever arrive
+when, for an object appealing, however strongly, to our sympathies,
+the dignity of the States shall bow to the dictation of Congress by
+conforming their legislation thereto, when the power and majesty and
+honor of those who created shall become subordinate to the thing of
+their creation, I but feebly utter my apprehensions when I express
+my firm conviction that we shall see "the beginning of the end."
+
+Fortunately, we are not left in doubt as to the purpose of the
+Constitution any more than as to its express language, for although the
+history of its formation, as recorded in the Madison Papers, shows that
+the Federal Government in its present form emerged from the conflict of
+opposing influences which have continued to divide statesmen from that
+day to this, yet the rule of clearly defined powers and of strict
+construction presided over the actual conclusion and subsequent adoption
+of the Constitution. President Madison, in the Federalist, says:
+
+
+ The powers delegated by the proposed Constitution are few and defined.
+ Those which are to remain in the State governments are numerous and
+ indefinite. ... Its [the General Government's] jurisdiction extends to
+ certain enumerated objects only, and leaves to the several States a
+ residuary and inviolable sovereignty over all other objects.
+
+
+In the same spirit President Jefferson invokes "the support of
+the State governments in all their rights as the most competent
+administrations for our domestic concerns and the surest bulwarks
+against anti-republican tendencies;" and President Jackson said that our
+true strength and wisdom are not promoted by invasions of the rights and
+powers of the several States, but that, on the contrary, they consist
+"not in binding the States more closely to the center, but in leaving
+each more unobstructed in its proper orbit."
+
+The framers of the Constitution, in refusing to confer on the Federal
+Government any jurisdiction over these purely local objects, in my
+judgment manifested a wise forecast and broad comprehension of the true
+interests of these objects themselves. It is clear that public charities
+within the States can be efficiently administered only by their
+authority. The bill before me concedes this, for it does not commit the
+funds it provides to the administration of any other authority.
+
+I can not but repeat what I have before expressed, that if the several
+States, many of which have already laid the foundation of munificent
+establishments of local beneficence, and nearly all of which are
+proceeding to establish them, shall be led to suppose, as, should this
+bill become a law, they will be, that Congress is to make provision for
+such objects, the fountains of charity will be dried up at home, and the
+several States, instead of bestowing their own means on the social wants
+of their own people, may themselves, through the strong temptation which
+appeals to states as to individuals, become humble suppliants for the
+bounty of the Federal Government, reversing their true relations to
+this Union.
+
+Having stated my views of the limitation of the powers conferred by
+the eighth section of the first article of the Constitution, I deem it
+proper to call attention to the third section of the fourth article
+and to the provisions of the sixth article bearing directly upon
+the question under consideration, which, instead of aiding the claim
+to power exercised in this case, tend, it is believed, strongly to
+illustrate and explain positions which, even without such support,
+I can not regard as questionable. The third section of the fourth
+article of the Constitution is in the following terms:
+
+
+ The Congress shall have power to _dispose_ of and make all needful rules
+ and regulations respecting the territory or other property belonging
+ to the United States; and nothing in this Constitution shall be so
+ construed as to prejudice any claims of the United States or of any
+ particular State.
+
+
+The sixth article is as follows, to wit, that--
+
+
+ All debts contracted and engagements entered into before the adoption of
+ this Constitution shall be as valid against the United States under this
+ Constitution as under the Confederation.
+
+
+For a correct understanding of the terms used in the third section of
+the fourth article, above quoted, reference should be had to the history
+of the times in which the Constitution was formed and adopted. It was
+decided upon in convention on the 17th September, 1787, and by it
+Congress was empowered "to dispose of," etc., "the territory or other
+property belonging to the United States." The only territory then
+belonging to the United States was that then recently ceded by the
+several States, to wit: By New York in 1781, by Virginia in 1784, by
+Massachusetts in 1785, and by South Carolina in August, 1787, only
+the month before the formation of the Constitution. The cession from
+Virginia contained the following provision:
+
+
+ That all the lands within the territory so ceded to the United States,
+ and not reserved for or appropriated to any of the before-mentioned
+ purposes or disposed of in bounties to the officers and soldiers of the
+ American Army, shall be considered a common fund for the use and benefit
+ of such of the United States as have become or shall become members of
+ the Confederation or Federal Alliance of the said States, Virginia
+ included, according to their usual respective proportions in the general
+ charge and expenditure, and shall be faithfully and _bona fide disposed
+ of_ for that purpose and for no other use or purpose whatsoever.
+
+
+Here the object for which these lands are to be disposed of is clearly
+set forth, and the power to dispose of them granted by the third section
+of the fourth article of the Constitution clearly contemplates such
+disposition only. If such be the fact, and in my mind there can be no
+doubt of it, then you have again not only no implication in favor of the
+contemplated grant, but the strongest authority against it. Furthermore,
+this bill is in violation of the faith of the Government pledged in the
+act of January 28, 1847. The nineteenth section of that act declares:
+
+
+ That for the payment of the stock which may be created under the
+ provisions of this act the sales of the public lands are hereby pledged;
+ and it is hereby made the duty of the Secretary of the Treasury to use
+ and apply all moneys which may be received into the Treasury for the
+ sales of the public lands after the 1st day of January, 1848, first,
+ to pay the interest on all stocks issued by virtue of this act, and,
+ secondly, to use the balance of said receipts, after paying the interest
+ aforesaid, in the purchase of said stocks at their market value, etc.
+
+
+The debts then contracted have not been liquidated, and the language of
+this section and the obligations of the United States under it are too
+plain to need comment.
+
+I have been unable to discover any distinction on constitutional grounds
+or grounds of expediency between an appropriation of $10,000,000
+directly from the money in the Treasury for the object contemplated and
+the appropriation of lands presented for my sanction, and yet I can not
+doubt that if the bill proposed $10,000,000 from the Treasury of the
+United States for the support of the indigent insane in the several
+States that the constitutional question involved in the act would have
+attracted forcibly the attention of Congress.
+
+I respectfully submit that in a constitutional point of view it is
+wholly immaterial whether the appropriation be in money or in land.
+
+The public domain is the common property of the Union just as much as
+the surplus proceeds of that and of duties on imports remaining
+unexpended in the Treasury. As such it has been pledged, is now pledged,
+and may need to be so pledged again for public indebtedness.
+
+As property it is distinguished from actual money chiefly in this
+respect, that its profitable management sometimes requires that portions
+of it be appropriated to local objects in the States wherein it may
+happen to lie, as would be done by any prudent proprietor to enhance the
+sale value of his private domain. All such grants of land are in fact
+a disposal of it for value received, but they afford no precedent or
+constitutional reason for giving away the public lands. Still less do
+they give sanction to appropriations for objects which have not been
+intrusted to the Federal Government, and therefore belong exclusively
+to the States.
+
+To assume that the public lands are applicable to ordinary State
+objects, whether of public structures, police, charity, or expenses of
+State administration, would be to disregard to the amount of the value
+of the public lands all the limitations of the Constitution and confound
+to that extent all distinctions between the rights and powers of the
+States and those of the United States; for if the public lands may be
+applied to the support of the poor, whether sane or insane, if the
+disposal of them and their proceeds be not subject to the ordinary
+limitations of the Constitution, then Congress possesses unqualified
+power to provide for expenditures in the States by means of the public
+lands, even to the degree of defraying the salaries of governors,
+judges, and all other expenses of the government and internal
+administration within the several States.
+
+The conclusion from the general survey of the whole subject is to
+my mind irresistible, and closes the question both of right and of
+expediency so far as regards the principle of the appropriation proposed
+in this bill. Would not the admission of such power in Congress to
+dispose of the public domain work the practical abrogation of some
+of the most important provisions of the Constitution?
+
+If the systematic reservation of a definite portion of the public lands
+(the sixteenth sections) in the States for the purposes of education and
+occasional grants for similar purposes be cited as contradicting these
+conclusions, the answer as it appears to me is obvious and satisfactory.
+Such reservations and grants, besides being a part of the conditions on
+which the proprietary right of the United States is maintained, along
+with the eminent domain of a particular State, and by which the public
+land remains free from taxation in the State in which it lies as long
+as it remains the property of the United States, are the acts of a mere
+landowner disposing of a small share of his property in a way to augment
+the value of the residue and in this mode to encourage the early
+occupation of it by the industrious and intelligent pioneer.
+
+The great example of apparent donation of lands to the States likely
+to be relied upon as sustaining the principles of this bill is the
+relinquishment of swamp lands to the States in which they are situated,
+but this also, like other grants already referred to, was based
+expressly upon grounds clearly distinguishable in principle from any
+which can be assumed for the bill herewith returned, viz, upon the
+interest and duty of the proprietor. They were charged, and not without
+reason, to be a nuisance to the inhabitants of the surrounding country.
+The measure was predicated not only upon the ground of the disease
+inflicted upon the people of the States, which the United States could
+not justify as a just and honest proprietor, but also upon an express
+limitation of the application of the proceeds in the first instance
+to purposes of levees and drains, thus protecting the health of the
+inhabitants and at the same time enhancing the value of the remaining
+lands belonging to the General Government.
+
+It is not to be denied that Congress, while administering the public
+lands as a proprietor within the principle distinctly announced in my
+annual message, may sometimes have failed to distinguish accurately
+between objects which are and which are not within its constitutional
+powers.
+
+After the most careful examination I find but two examples in the acts
+of Congress which furnish any precedent for the present bill, and those
+examples will, in my opinion, serve rather as a warning than as an
+inducement to tread in the same path.
+
+The first is the act of March 3, 1819, granting a township of land to
+the Connecticut asylum for the education of the deaf and dumb; the
+second, that of April 5, 1826, making a similar grant of land to the
+Kentucky asylum for teaching the deaf and dumb--the first more than
+thirty years after the adoption of the Constitution and the second more
+than a quarter of a century ago. These acts were unimportant as to the
+amount appropriated, and so far as I can ascertain were passed on two
+grounds: First, that the object was a charitable one, and, secondly,
+that it was national. To say that it was a charitable object is only
+to say that it was an object of expenditure proper for the competent
+authority; but it no more tended to show that it was a proper object of
+expenditure by the United States than is any other purely local object
+appealing to the best sympathies of the human heart in any of the
+States. And the suggestion that a school for the mental culture of the
+deaf and dumb in Connecticut or Kentucky is a national object only
+shows how loosely this expression has been used when the purpose was
+to procure appropriations by Congress. It is not perceived how a school
+of this character is otherwise national than is any establishment of
+religious or moral instruction. All the pursuits of industry, everything
+which promotes the material or intellectual well-being of the race,
+every ear of corn or boll of cotton which grows, is national in the same
+sense, for each one of these things goes to swell the aggregate of
+national prosperity and happiness of the United States; but it confounds
+all meaning of language to say that these things are "national," as
+equivalent to "Federal," so as to come within any of the classes of
+appropriation for which Congress is authorized by the Constitution
+to legislate.
+
+It is a marked point of the history of the Constitution that when it was
+proposed to empower Congress to establish a university the proposition
+was confined to the District intended for the future seat of Government
+of the United States, and that even that proposed clause was omitted in
+consideration of the exclusive powers conferred on Congress to legislate
+for that District. Could a more decisive indication of the true
+construction and the spirit of the Constitution in regard to all matters
+of this nature have been given? It proves that such objects were
+considered by the Convention as appertaining to local legislation only;
+that they were not comprehended, either expressly or by implication,
+in the grant of general power to Congress, and that consequently they
+remained with the several States.
+
+The general result at which I have arrived is the necessary consequence
+of those views of the relative rights, powers, and duties of the States
+and of the Federal Government which I have long entertained and often
+expressed and in reference to which my convictions do but increase in
+force with time and experience.
+
+I have thus discharged the unwelcome duty of respectfully stating my
+objections to this bill, with which I cheerfully submit the whole
+subject to the wisdom of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 4, 1854_.
+
+_To the House of Representatives_:
+
+I have received the bill entitled "An act making appropriations for the
+repair, preservation, and completion of certain public works heretofore
+commenced under the authority of law." It reaches me in the expiring
+hours of the session, and time does not allow full opportunity for
+examining and considering its provisions or of stating at length the
+reasons which forbid me to give it my signature.
+
+It belongs to that class of measures which are commonly known as
+internal improvements by the General Government, and which from a very
+early period have been deemed of doubtful constitutionality and
+expediency, and have thus failed to obtain the approbation of successive
+Chief Magistrates.
+
+On such an examination of this bill as it has been in my power to make,
+I recognize in it certain provisions national in their character, and
+which, if they stood alone, it would be compatible with my convictions
+of public duty to assent to; but at the same time, it embraces others
+which are merely local, and not, in my judgment, warranted by any safe
+or true construction of the Constitution.
+
+To make proper and sound discriminations between these different
+provisions would require a deliberate discussion of general principles,
+as well as a careful scrutiny of details for the purpose of rightfully
+applying those principles to each separate item of appropriation.
+
+Public opinion with regard to the value and importance of internal
+improvements in the country is undivided. There is a disposition on all
+hands to have them prosecuted with energy and to see the benefits sought
+to be attained by them fully realized.
+
+The prominent point of difference between those who have been regarded
+as the friends of a system of internal improvements by the General
+Government and those adverse to such a system has been one of
+constitutional power, though more or less connected with considerations
+of expediency.
+
+My own judgment, it is well known, has on both grounds been opposed to
+"a general system of internal improvements" by the Federal Government. I
+have entertained the most serious doubts from the inherent difficulties
+of its application, as well as from past unsatisfactory experience,
+whether the power could be so exercised by the General Government as to
+render its use advantageous either to the country at large or effectual
+for the accomplishment of the object contemplated.
+
+I shall consider it incumbent on me to present to Congress at its next
+session a matured view of the whole subject, and to endeavor to define,
+approximately at least, and according to my own convictions, what
+appropriations of this nature by the General Government the great
+interests of the United States require and the Constitution will admit
+and sanction, in case no substitute should be devised capable of
+reconciling differences both of constitutionality and expediency.
+
+In the absence of the requisite means and time for duly considering the
+whole subject at present and discussing such possible substitute, it
+becomes necessary to return this bill to the House of Representatives,
+in which it originated, and for the reasons thus briefly submitted to
+the consideration of Congress to withhold from it my approval.
+
+FRANKLIN PIERCE.
+
+
+
+[The following message is inserted here because it is an exposition of
+the reasons of the President for the veto of August 4, 1854, immediately
+preceding.]
+
+WASHINGTON, _December 30, 1854_.
+
+_To the Senate and House of Representatives_:
+
+In returning to the House of Representatives, in which it originated,
+a bill entitled "An act making appropriations for the repair,
+preservation, and completion of certain public works heretofore
+commenced under the authority of law," it became necessary for me, owing
+to the late day at which the bill was passed, to state my objections
+to it very briefly, announcing at the same time a purpose to resume
+the subject for more deliberate discussion at the present session of
+Congress; for, while by no means insensible of the arduousness of the
+task thus undertaken by me, I conceived that the two Houses were
+entitled to an exposition of the considerations which had induced
+dissent on my part from their conclusions in this instance.
+
+The great constitutional question of the power of the General Government
+in relation to internal improvements has been the subject of earnest
+difference of opinion at every period of the history of the United
+States. Annual and special messages of successive Presidents have been
+occupied with it, sometimes in remarks on the general topic and
+frequently in objection to particular bills. The conflicting sentiments
+of eminent statesmen, expressed in Congress or in conventions called
+expressly to devise, if possible, some plan calculated to relieve the
+subject of the embarrassments with which it is environed, while they
+have directed public attention strongly to the magnitude of the
+interests involved, have yet left unsettled the limits, not merely of
+expediency, but of constitutional power, in relation to works of this
+class by the General Government.
+
+What is intended by the phrase "internal improvements"? What does it
+embrace and what exclude? No such language is found in the Constitution.
+Not only is it not an expression of ascertainable constitutional power,
+but it has no sufficient exactness of meaning to be of any value as the
+basis of a safe conclusion either of constitutional law or of practical
+statesmanship.
+
+President John Quincy Adams, in claiming on one occasion, after his
+retirement from office, the authorship of the idea of introducing into
+the administration of the affairs of the General Government "a permanent
+and regular system" of internal improvements, speaks of it as a system
+by which "the whole Union would have been checkered over with railroads
+and canals," affording "high wages and constant employment to hundreds
+of thousands of laborers;" and he places it in express contrast with the
+construction of such works by the legislation of the States and by
+private enterprise.
+
+It is quite obvious that if there be any constitutional power which
+authorizes the construction of "railroads and canals" by Congress, the
+same power must comprehend turnpikes and ordinary carriage roads; nay, it
+must extend to the construction of bridges, to the draining of marshes,
+to the erection of levees, to the construction of canals of irrigation;
+in a word, to all the possible means of the material improvement of the
+earth, by developing its natural resources anywhere and everywhere, even
+within the proper jurisdiction of the several States. But if there be
+any constitutional power thus comprehensive in its nature, must not the
+same power embrace within its scope other kinds of improvement of equal
+utility in themselves and equally important to the welfare of the whole
+country? President Jefferson, while intimating the expediency of so
+amending the Constitution as to comprise objects of physical progress
+and well-being, does not fail to perceive that "other objects of public
+improvement," including "public education" by name, belong to the same
+class of powers. In fact, not only public instruction, but hospitals,
+establishments of science and art, libraries, and, indeed, everything
+appertaining to the internal welfare of the country, are just as much
+objects of internal improvement, or, in other words, of internal
+utility, as canals and railways.
+
+The admission of the power in either of its senses implies its existence
+in the other; and since if it exists at all it involves dangerous
+augmentation of the political functions and of the patronage of the
+Federal Government, we ought to see clearly by what clause or clauses of
+the Constitution it is conferred.
+
+I have had occasion more than once to express, and deem it proper now
+to repeat, that it is, in my judgment, to be taken for granted, as a
+fundamental proposition not requiring elucidation, that the Federal
+Government is the creature of the individual States and of the people
+of the States severally; that the sovereign power was in them alone;
+that all the powers of the Federal Government are derivative ones, the
+enumeration and limitations of which are contained in the instrument
+which organized it; and by express terms "the powers not delegated to
+the United States by the Constitution nor prohibited by it to the States
+are reserved to the States respectively or to the people."
+
+Starting from this foundation of our constitutional faith and proceeding
+to inquire in what part of the Constitution the power of making
+appropriations for internal improvements is found, it is necessary to
+reject all idea of there being any grant of power in the preamble.
+When that instrument says, "We, the people of the United States, in
+order to form a more perfect union, establish justice, insure domestic
+tranquillity, provide for the common defense, promote the general
+welfare, and secure the blessings of liberty to ourselves and our
+posterity," it only declares the inducements and the anticipated results
+of the things ordained and established by it. To assume that anything
+more can be designed by the language of the preamble would be to
+convert all the body of the Constitution, with its carefully weighed
+enumerations and limitations, into mere surplusage. The same may be said
+of the phrase in the grant of the power to Congress "to pay the debts
+and provide for the common defense and general welfare of the United
+States;" or, to construe the words more exactly, they are not
+significant of grant or concession, but of restriction of the specific
+grants, having the effect of saying that in laying and collecting
+taxes for each of the precise objects of power granted to the General
+Government Congress must exercise any such definite and undoubted power
+in strict subordination to the purpose of the common defense and general
+welfare of all the States.
+
+There being no specific grant in the Constitution of a power to sanction
+appropriations for internal improvements, and no general provision broad
+enough to cover any such indefinite object, it becomes necessary to look
+for particular powers to which one or another of the things included in
+the phrase "internal improvements" may be referred.
+
+In the discussions of this question by the advocates of the organization
+of a "general system of internal improvements" under the auspices of the
+Federal Government, reliance is had for the justification of the measure
+on several of the powers expressly granted to Congress, such as to
+establish post-offices and post-roads, to declare war, to provide and
+maintain a navy, to raise and support armies, to regulate commerce, and
+to dispose of the territory and other public property of the United
+States,
+
+As to the last of these sources of power, that of disposing of the
+territory and other public property of the United States, it may be
+conceded that it authorizes Congress, in the management of the public
+property, to make improvements essential to the successful execution of
+the trust; but this must be the primary object of any such improvement,
+and it would be an abuse of the trust to sacrifice the interest of the
+property to incidental purposes.
+
+As to the other assumed sources of a general power over internal
+improvements, they being specific powers of which this is supposed to be
+the incident, if the framers of the Constitution, wise and thoughtful
+men as they were, intended to confer on Congress the power over a
+subject so wide as the whole field of internal improvements, it is
+remarkable that they did not use language clearly to express it, or, in
+other words, that they did not give it as a distinct and substantive
+power instead of making it the implied incident of some other one; for
+such is the magnitude of the supposed incidental power and its capacity
+of expansion that any system established under it would exceed each of
+the others in the amount of expenditure and number of the persons
+employed, which would thus be thrown upon the General Government.
+
+This position may be illustrated by taking as a single example one of
+the many things comprehended clearly in the idea of "a general system of
+internal improvements," namely, roads. Let it be supposed that the power
+to construct roads over the whole Union, according to the suggestion of
+President J.Q. Adams in 1807, whilst a member of the Senate of the
+United States, had been conceded. Congress would have begun, in
+pursuance of the state of knowledge at the time, by constructing
+turnpikes; then, as knowledge advanced, it would have constructed
+canals, and at the present time it would have been embarked in an almost
+limitless scheme of railroads.
+
+Now there are in the United States, the results of State or private
+enterprise, upward of 17,000 miles of railroads and 5,000 miles of
+canals; in all, 22,000 miles, the total cost of which may be estimated
+at little short of $600,000,000; and if the same works had been
+constructed by the Federal Government, supposing the thing to have
+been practicable, the cost would have probably been not less than
+$900,000,000. The number of persons employed in superintending,
+managing, and keeping up these canals and railroads may be stated at
+126,000 or thereabouts, to which are to be added 70,000 or 80,000
+employed on the railroads in construction, making a total of at least
+200,000 persons, representing in families nearly 1,000,000 souls,
+employed on or maintained by this one class of public works in the
+United States.
+
+In view of all this, it is not easy to estimate the disastrous
+consequences which must have resulted from such extended local
+improvements being undertaken by the General Government. State
+legislation upon this subject would have been suspended and private
+enterprise paralyzed, while applications for appropriations would have
+perverted the legislation of Congress, exhausted the National Treasury,
+and left the people burdened with a heavy public debt, beyond the
+capacity of generations to discharge.
+
+Is it conceivable that the framers of the Constitution intended that
+authority drawing after it such immense consequences should be inferred
+by implication as the incident of enumerated powers? I can not think
+this, and the impossibility of supposing it would be still more glaring
+if similar calculations were carried out in regard to the numerous
+objects of material, moral, and political usefulness of which the idea
+of internal improvement admits. It may be safely inferred that if the
+framers of the Constitution had intended to confer the power to make
+appropriations for the objects indicated, it would have been enumerated
+among the grants expressly made to Congress.. When, therefore, any one
+of the powers actually enumerated is adduced or referred to as the
+ground of an assumption to warrant the incidental or implied power of
+"internal improvement," that hypothesis must be rejected, or at least
+can be no further admitted than as the particular act of internal
+improvement may happen to be necessary to the exercise of the granted
+power. Thus, when the object of a given road, the clearing of a
+particular channel, or the construction of a particular harbor of refuge
+is manifestly required by the exigencies of the naval or military
+service of the country, then it seems to me undeniable that it may be
+constitutionally comprehended in the powers to declare war, to provide
+and maintain a navy, and to raise and support armies. At the same time,
+it would be a misuse of these powers and a violation of the Constitution
+to undertake to build upon them a great system of internal improvements.
+And similar reasoning applies to the assumption of any such power as
+is involved in that to establish post-roads and to regulate commerce.
+If the particular improvement, whether by land or sea, be necessary to
+the execution of the enumerated powers, then, but not otherwise, it
+falls within the jurisdiction of Congress. To this extent only can
+the power be claimed as the incident of any express grant to the
+Federal Government.
+
+But there is one clause of the Constitution in which it has been
+suggested that express authority to construct works of internal
+improvement has been conferred on Congress, namely, that which empowers
+it "to exercise exclusive legislation in all cases whatsoever over such
+district (not exceeding 10 miles square) as may by cession of particular
+States and the acceptance of Congress become the seat of the Government
+of the United States, and to exercise like authority over all places
+purchased by the consent of the legislature of the State in which the
+same shall be for the erection of forts, magazines, arsenals, dockyards,
+and _other needful buildings_..." But any such supposition will be seen
+to be groundless when this provision is carefully examined and compared
+with other parts of the Constitution.
+
+It is undoubtedly true that "like authority" refers back to "exclusive
+legislation in all cases whatsoever" as applied to the District of
+Columbia, and there is in the District no division of powers as between
+the General and the State Governments.
+
+In those places which the United States has purchased or retains within
+any of the States--sites for dockyards or forts, for example--legal
+process of the given State is still permitted to run for some purposes,
+and therefore the jurisdiction of the United States is not absolutely
+perfect. But let us assume for the argument's sake that the jurisdiction
+of the United States in a tract of land ceded to it for the purpose of a
+dockyard or fort by Virginia or Maryland is as complete as in that ceded
+by them for the seat of Government, and then proceed to analyze this
+clause of the Constitution.
+
+It provides that Congress shall have certain legislative authority over
+all places purchased by the United States for certain purposes. It
+implies that Congress has otherwise the power to purchase. But where
+does Congress get the power to purchase? Manifestly it must be from some
+other clause of the Constitution, for it is not conferred by this one.
+Now, as it is a fundamental principle that the Constitution is one of
+limited powers, the authority to purchase must be conferred in one of
+the enumerations of legislative power; so that the power to purchase is
+itself not an unlimited one, but is limited by the objects in regard to
+which legislative authority is directly conferred.
+
+The other expressions of the clause in question confirm this
+conclusion, since the jurisdiction is given as to places purchased
+for certain enumerated objects or purposes. Of these the first great
+division--forts, magazines, arsenals, and dockyards--is obviously
+referable to recognized heads of specific constitutional power. There
+remains only the phrase "and other _needful_ buildings." Wherefore
+needful? Needful for any possible purpose within the whole range of
+the business of society and of Government? Clearly not; but only such
+"buildings" as are "needful" to the United States in the exercise of
+any of the powers conferred on Congress.
+
+Thus the United States need, in the exercise of admitted powers, not
+only forts, magazines, arsenals, and dockyards, but also court-houses,
+prisons, custom-houses, and post-offices within the respective States.
+Places for the erection of such buildings the General Government may
+constitutionally purchase, and, having purchased them, the jurisdiction
+over them belongs to the United States. So if the General Government has
+the power to build a light-house or a beacon, it may purchase a place
+for that object; and having purchased it, then this clause of the
+Constitution gives jurisdiction over it. Still, the power to purchase
+for the purpose of erecting a light-house or beacon must depend on the
+existence of the power to erect, and if that power exists it must be
+sought after in some other clause of the Constitution.
+
+From whatever point of view, therefore, the subject is regarded, whether
+as a question of express or implied power, the conclusion is the same,
+that Congress has no constitutional authority to carry on a system of
+internal improvements; and in this conviction the system has been
+steadily opposed by the soundest expositors of the functions of the
+Government.
+
+It is not to be supposed that in no conceivable case shall there be
+doubt as to whether a given object be or not a necessary incident
+of the military, naval, or any other power. As man is imperfect, so
+are his methods of uttering his thoughts. Human language, save in
+expressions for the exact sciences, must always fail to preclude all
+possibility of controversy. Hence it is that in one branch of the
+subject--the question of the power of Congress to make appropriations
+in aid of navigation--there is less of positive conviction than in
+regard to the general subject; and it therefore seems proper in this
+respect to revert to the history of the practice of the Government.
+
+Among the very earliest acts of the first session of Congress was that
+for the establishment and support of light-houses, approved by President
+Washington on the 7th of August, 1789, which contains the following
+provisions:
+
+
+ That all expenses which shall accrue from and after the 15th day of
+ August, 1789, in the necessary support, maintenance, and repairs of
+ all light-houses, beacons, buoys, and public piers erected, placed, or
+ sunk before the passing of this act at the entrance of or within any
+ bay, inlet, harbor, or port of the United States, for rendering the
+ navigation thereof easy and safe, shall be defrayed out of the Treasury
+ of the United States: _Provided, nevertheless_, That none of the said
+ expenses shall continue to be so defrayed after the expiration of one
+ year from the day aforesaid unless such light-houses, beacons, buoys,
+ and public piers shall in the meantime be ceded to and vested in the
+ United States by the State or States, respectively, in which the same
+ may be, together with the lands and tenements thereunto belonging and
+ together with the jurisdiction of the same.
+
+
+Acts containing appropriations for this class of public works were
+passed in 1791, 1792, 1793, and so on from year to year down to the
+present time; and the tenor of these acts, when examined with reference
+to other parts of the subject, is worthy of special consideration.
+
+It is a remarkable fact that for a period of more than thirty years
+after the adoption of the Constitution all appropriations of this class
+were confined, with scarcely an apparent exception, to the construction
+of light-houses, beacons, buoys, and public piers and the stakage of
+channels; to render navigation "safe and easy," it is true, but only
+by indicating to the navigator obstacles in his way, not by removing
+those obstacles nor in any other respect changing, artificially, the
+preexisting natural condition of the earth and sea. It is obvious,
+however, that works of art for the removal of natural impediments to
+navigation, or to prevent their formation, or for supplying harbors
+where these do not exist, are also means of rendering navigation safe
+and easy, and may in supposable cases be the most efficient, as well as
+the most economical, of such means. Nevertheless, it is not until the
+year 1824 that in an act to improve the navigation of the rivers Ohio
+and Mississippi and in another act making appropriations for deepening
+the channel leading into the harbor of Presque Isle, on Lake Erie, and
+for repairing Plymouth Beach, in Massachusetts Bay, we have any example
+of an appropriation for the improvement of harbors in the nature of
+those provided for in the bill returned by me to the House of
+Representatives.
+
+It appears not probable that the abstinence of Congress in this respect
+is attributable altogether to considerations of economy or to any
+failure to perceive that the removal of an obstacle to navigation might
+be not less useful than the indication of it for avoidance, and it may
+be well assumed that the course of legislation so long pursued was
+induced, in whole or in part, by solicitous consideration in regard to
+the constitutional power over such matters vested in Congress.
+
+One other peculiarity in this course of legislation is not less
+remarkable. It is that when the General Government first took charge of
+lighthouses and beacons it required the works themselves and the lands
+on which they were situated to be ceded to the United States. And
+although for a time this precaution was neglected in the case of new
+works, in the sequel it was provided by general laws that no light-house
+should be constructed on any site previous to the jurisdiction over the
+same being ceded to the United States.
+
+Constitutional authority for the construction and support of many of the
+public works of this nature, it is certain, may be found in the power
+of Congress to maintain a navy and provide for the general defense; but
+their number, and in many instances their location, preclude the idea of
+their being fully justified as necessary and proper incidents of that
+power. And they do not seem susceptible of being referred to any other
+of the specific powers vested in Congress by the Constitution, unless it
+be that to raise revenue in so far as this relates to navigation. The
+practice under all my predecessors in office, the express admissions of
+some of them, and absence of denial by any sufficiently manifest their
+belief that the power to erect light-houses, beacons, and piers is
+possessed by the General Government. In the acts of Congress, as we
+have already seen, the inducement and object of the appropriations
+are expressly declared, those appropriations being for "light-houses,
+beacons, buoys, and public piers" erected or placed "within any bay,
+inlet, harbor, or port of the United States for rendering the navigation
+thereof easy and safe."
+
+If it be contended that this review of the history of appropriations
+of this class leads to the inference that, beyond the purposes of
+national defense and maintenance of a navy, there is authority in the
+Constitution to construct certain works in aid of navigation, it is
+at the same time to be remembered that the conclusions thus deduced
+from cotemporaneous construction and long-continued acquiescence are
+themselves directly suggestive of limitations of constitutionality, as
+well as expediency, regarding the nature and the description of those
+aids to navigation which Congress may provide as incident to the revenue
+power; for at this point controversy begins, not so much as to the
+principle as to its application.
+
+In accordance with long-established legislative usage, Congress may
+construct light-houses and beacons and provide, as it does, other means
+to prevent shipwrecks on the coasts of the United States. But the
+General Government can not go beyond this and make improvements of
+rivers and harbors of the nature and to the degree of all the provisions
+of the bill of the last session of Congress.
+
+To justify such extended power, it has been urged that if it be
+constitutional to appropriate money for the purpose of pointing out,
+by the construction of light-houses or beacons, where an obstacle to
+navigation exists, it is equally so to remove such obstacle or to avoid
+it by the creation of an artificial channel; that if the object be
+lawful, then the means adopted solely with reference to the end must
+be lawful, and that therefore it is not material, constitutionally
+speaking, whether a given obstruction to navigation be indicated for
+avoidance or be actually avoided by excavating a new channel; that if
+it be a legitimate object of expenditure to preserve a ship from wreck
+by means of a beacon or of revenue cutters, it must be not less so
+to provide places of safety by the improvement of harbors, or, where
+none exist, by their artificial construction; and thence the argument
+naturally passes to the propriety of improving rivers for the benefit
+of internal navigation, because all these objects are of more or less
+importance to the commercial as well as the naval interests of the
+United States.
+
+The answer to all this is that the question of opening speedy and easy
+communication to and through all parts of the country is substantially
+the same, whether done by land or water; that the uses of roads and
+canals in facilitating commercial intercourse and uniting by community
+of interests the most remote quarters of the country by land
+communication are the same in their nature as the uses of navigable
+waters; and that therefore the question of the facilities and aids to
+be provided to navigation, by whatsoever means, is but a subdivision of
+the great question of the constitutionality and expediency of internal
+improvements by the General Government. In confirmation of this it is to
+be remarked that one of the most important acts of appropriation of this
+class, that of the year 1833, under the Administration of President
+Jackson, by including together and providing for in one bill as well
+river and harbor works as road works, impliedly recognizes the fact that
+they are alike branches of the same great subject of internal
+improvements.
+
+As the population, territory, and wealth of the country increased and
+settlements extended into remote regions, the necessity for additional
+means of communication impressed itself upon all minds with a force
+which had not been experienced at the date of the formation of the
+Constitution, and more and more embarrassed those who were most anxious
+to abstain scrupulously from any exercise of doubtful power. Hence the
+recognition in the messages of Presidents Jefferson, Madison, and Monroe
+of the eminent desirableness of such works, with admission that some of
+them could lawfully and should be conducted by the General Government,
+but with obvious uncertainty of opinion as to the line between such
+as are constitutional and such as are not, such as ought to receive
+appropriations from Congress and such as ought to be consigned to
+private enterprise or the legislation of the several States.
+
+This uncertainty has not been removed by the practical working of our
+institutions in later times; for although the acquisition of additional
+territory and the application of steam to the propulsion of vessels have
+greatly magnified the importance of internal commerce, this fact has at
+the same time complicated the question of the power of the General
+Government over the present subject.
+
+In fine, a careful review of the opinions of all my predecessors and of
+the legislative history of the country does not indicate any fixed rule
+by which to decide what, of the infinite variety of possible river and
+harbor improvements, are within the scope of the power delegated by
+the Constitution; and the question still remains unsettled. President
+Jackson conceded the constitutionality, under suitable circumstances, of
+the improvement of rivers and harbors through the agency of Congress,
+and President Polk admitted the propriety of the establishment and
+support by appropriations from the Treasury of light-houses, beacons,
+buoys, and other improvements within the bays, inlets, and harbors of
+the ocean and lake coasts immediately connected with foreign commerce.
+
+But if the distinction thus made rests upon the differences between
+foreign and domestic commerce it can not be restricted thereby to the
+bays, inlets, and harbors of the oceans and lakes, because foreign
+commerce has already penetrated thousands of miles into the interior
+of the continent by means of our great rivers, and will continue so to
+extend itself with the progress of settlement until it reaches the limit
+of navigability.
+
+At the time of the adoption of the Constitution the vast Valley of the
+Mississippi, now teeming with population and supplying almost boundless
+resources, was literally an unexplored wilderness. Our advancement has
+outstripped even the most sanguine anticipations of the fathers of
+the Republic, and it illustrates the fact that no rule is admissible
+which undertakes to discriminate, so far as regards river and harbor
+improvements, between the Atlantic or Pacific coasts and the great lakes
+and rivers of the interior regions of North America. Indeed, it is quite
+erroneous to suppose that any such discrimination has ever existed
+in the practice of the Government. To the contrary of which is the
+significant fact, before stated, that when, after abstaining from all
+such appropriations for more than thirty years, Congress entered upon
+the policy of improving the navigation of rivers and harbors, it
+commenced with the rivers Mississippi and Ohio.
+
+The Congress of the Union, adopting in this respect one of the ideas of
+that of the Confederation, has taken heed to declare from time to time,
+as occasion required, either in acts for disposing of the public lands
+in the Territories or in acts for admitting new States, that all
+navigable rivers within the same "shall be deemed to be and remain
+public highways."
+
+Out of this condition of things arose a question which at successive
+periods of our public annals has occupied the attention of the best
+minds in the Union. This question is, What waters are public navigable
+waters, so as not to be of State character and jurisdiction, but of
+Federal jurisdiction and character, in the intent of the Constitution
+and of Congress? A proximate, but imperfect, answer to this important
+question is furnished by the acts of Congress and the decisions of the
+Supreme Court of the United States defining the constitutional limits of
+the maritime jurisdiction of the General Government. That jurisdiction
+is entirely independent of the revenue power. It is not derived from
+that, nor is it measured thereby.
+
+In that act of Congress which, in the first year of the Government,
+organized our judicial system, and which, whether we look to the
+subject, the comprehensive wisdom with which it was treated, or the
+deference with which its provisions have come to be regarded, is only
+second to the Constitution itself, there is a section in which the
+statesmen who framed the Constitution have placed on record their
+construction of it in this matter. It enacts that the district courts of
+the United States "shall have exclusive cognizance of all civil cases
+of admiralty and maritime jurisdiction, including all seizures under
+the law of impost, navigation, or trade of the United States, when the
+seizures are made on waters which are navigable from the sea by vessels
+of 10 or more tons burden, within their respective districts, as well
+as upon the high seas." In this cotemporaneous exposition of the
+Constitution there is no trace or suggestion that nationality of
+jurisdiction is limited to the sea, or even to tide waters. The law is
+marked by a sagacious apprehension of the fact that the Great Lakes
+and the Mississippi were navigable waters of the United States even
+then, before the acquisition of Louisiana had made wholly our own the
+territorial greatness of the West. It repudiates unequivocally the rule
+of the common law, according to which the question of whether a water
+is public navigable water or not depends on whether it is salt or not,
+and therefore, in a river, confines that quality to tide water--a rule
+resulting from the geographical condition of England and applicable to
+an island, with small and narrow streams, the only navigable portion of
+which, for ships, is in immediate contact with the ocean, but wholly
+inapplicable to the great inland fresh-water seas of America and its
+mighty rivers, with secondary branches exceeding in magnitude the
+largest rivers of Great Britain.
+
+At a later period it is true that, in disregard of the more
+comprehensive definition of navigability afforded by that act of
+Congress, it was for a time held by many that the rule established for
+England was to be received in the United States, the effect of which was
+to exclude from the jurisdiction of the General Government not only the
+waters of the Mississippi, but also those of the Great Lakes. To this
+construction it was with truth objected that, in so far as concerns the
+lakes, they are in fact seas, although of freshwater; that they are the
+natural marine communications between a series of populous States and
+between them and the possessions of a foreign nation; that they are
+actually navigated by ships of commerce of the largest capacity; that
+they had once been and might again be the scene of foreign war; and that
+therefore it was doing violence to all reason to undertake by means of
+an arbitrary doctrine of technical foreign law to exclude such waters
+from the jurisdiction of the General Government. In regard to the river
+Mississippi, it was objected that to draw a line across that river at
+the point of ebb and flood of tide, and say that the part below was
+public navigable water and the part above not, while in the latter the
+water was at least equally deep and navigable and its commerce as rich
+as in the former, with numerous ports of foreign entry and delivery, was
+to sanction a distinction artificial and unjust, because regardless of
+the real fact of navigability.
+
+We may conceive that some such considerations led to the enactment in
+the year 1845 of an act in addition to that of 1789, declaring that--
+
+
+ The district courts of the United States shall have, possess, and
+ exercise the same jurisdiction in matters of contract and tort arising
+ in, upon, or concerning steamboats and other vessels of 20 tons burden
+ and upward, enrolled and licensed for the coasting trade and at the time
+ employed in business of commerce and navigation between ports and places
+ in different States and Territories upon the lakes and navigable waters
+ connecting said lakes, as is now possessed and exercised by the said
+ courts in cases of the like steamboats and other vessels employed in
+ navigation and commerce upon the high seas or tide waters within the
+ admiralty and maritime jurisdiction of the United States.
+
+
+It is observable that the act of 1789 applies the jurisdiction of the
+United States to all "waters which are navigable from the sea" for
+vessels of 10 tons burden, and that of 1845 extends the jurisdiction to
+enrolled vessels of 20 tons burden, on the lakes and navigable waters
+connecting said lakes, though not waters navigable from the sea,
+provided such vessels be employed between places in different States and
+Territories.
+
+Thus it appears that these provisions of law in effect prescribe
+conditions by which to determine whether any waters are public navigable
+waters, subject to the authority of the Federal Government. The
+conditions include all waters, whether salt or fresh, and whether of
+sea, lake, or river, provided they be capable of navigation by vessels
+of a certain tonnage, and for commerce either between the United States
+and foreign countries or between any two or more of the States or
+Territories of the Union. This excludes water wholly within any
+particular State, and not used as the means of commercial communication
+with any other State, and subject to be improved or obstructed at will
+by the State within which it may happen to be.
+
+The constitutionality of these provisions of statute has been called
+in question. Their constitutionality has been maintained, however,
+by repeated decisions of the Supreme Court of the United States, and
+they are therefore the law of the land by the concurrent act of the
+legislative, the executive, and the judicial departments of the
+Government. Regarded as affording a criterion of what is navigable
+water, and as such subject to the maritime jurisdiction of the Supreme
+Court and of Congress, these acts are objectionable in this, that the
+rule of navigability is an arbitrary one, that Congress may repeal
+the present rule and adopt a new one, and that thus a legislative
+definition will be able to restrict or enlarge the limits of
+constitutional power. Yet this variableness of standard seems inherent
+in the nature of things. At any rate, neither the First Congress,
+composed of the statesmen of the era when the Constitution was adopted,
+nor any subsequent Congress has afforded us the means of attaining
+greater precision of construction as to this part of the Constitution.
+
+This reflection may serve to relieve from undeserved reproach an
+idea of one of the greatest men of the Republic--President Jackson.
+He, seeking amid all the difficulties of the subject for some practical
+rule of action in regard to appropriations for the improvement of rivers
+and harbors, prescribed for his own official conduct the rule of
+confining such appropriations to "places below the ports of entry or
+delivery established by law." He saw clearly, as the authors of the
+above-mentioned acts of 1789 and 1845 did, that there is no inflexible
+natural line of discrimination between what is national and what local
+by means of which to determine absolutely and unerringly at what point
+on a river the jurisdiction of the United States shall end. He
+perceived, and of course admitted, that the Constitution, while
+conferring on the General Government some power of action to render
+navigation safe and easy, had of necessity left to Congress much of
+discretion in this matter. He confided in the patriotism of Congress to
+exercise that discretion wisely, not permitting himself to suppose it
+possible that a port of entry or delivery would ever be established by
+law for the express and only purpose of evading the Constitution.
+
+It remains, therefore, to consider the question of the measure of
+discretion in the exercise by Congress of the power to provide for the
+improvement of rivers and harbors, and also that of the legitimate
+responsibility of the Executive in the same relation.
+
+In matters of legislation of the most unquestionable constitutionality
+it is always material to consider what amount of public money shall be
+appropriated for any particular object. The same consideration applies
+with augmented force to a class of appropriations which are in their
+nature peculiarly prone to run to excess, and which, being made in the
+exercise of incidental powers, have intrinsic tendency to overstep the
+bounds of constitutionality.
+
+If an appropriation for improving the navigability of a river or
+deepening or protecting a harbor have reference to military or naval
+purposes, then its rightfulness, whether in amount or in the objects
+to which it is applied, depends, manifestly, on the military or naval
+exigency; and the subject-matter affords its own measure of legislative
+discretion. But if the appropriation for such an object have no distinct
+relation to the military or naval wants of the country, and is wholly,
+or even mainly, intended to promote the revenue from commerce, then the
+very vagueness of the proposed purpose of the expenditure constitutes
+a perpetual admonition of reserve and caution. Through disregard of
+this it is undeniable that in many cases appropriations of this nature
+have been made unwisely, without accomplishing beneficial results
+commensurate with the cost, and sometimes for evil rather than good,
+independently of their dubious relation to the Constitution.
+
+Among the radical changes of the course of legislation in these matters
+which, in my judgment, the public interest demands, one is a return to
+the primitive idea of Congress, which required in this class of public
+works, as in all others, a conveyance of the soil and a cession of the
+jurisdiction to the United States. I think this condition ought never to
+have been waived in the case of any harbor improvement of a permanent
+nature, as where piers, jetties, sea walls, and other like works are to
+be constructed and maintained. It would powerfully tend to counteract
+endeavors to obtain appropriations of a local character and chiefly
+calculated to promote individual interests. The want of such a provision
+is the occasion of abuses in regard to existing works, exposing them to
+private encroachment without sufficient means of redress by law. Indeed,
+the absence in such cases of a cession of jurisdiction has constituted
+one of the constitutional objections to appropriations of this class.
+It is not easy to perceive any sufficient reason for requiring it in
+the case of arsenals or forts which does not equally apply to all other
+public works. If to be constructed and maintained by Congress in the
+exercise of a constitutional power of appropriation, they should be
+brought within the jurisdiction of the United States.
+
+There is another measure of precaution in regard to such appropriations
+which seems to me to be worthy of the consideration of Congress. It is
+to make appropriation for every work in a separate bill, so that each
+one shall stand on its own independent merits, and if it pass shall
+do so under circumstances of legislative scrutiny entitling it to be
+regarded as of general interest and a proper subject of charge on the
+Treasury of the Union.
+
+During that period of time in which the country had not come to look to
+Congress for appropriations of this nature several of the States whose
+productions or geographical position invited foreign commerce had
+entered upon plans for the improvement of their harbors by themselves
+and through means of support drawn directly from that commerce, in
+virtue of an express constitutional power, needing for its exercise
+only the permission of Congress. Harbor improvements thus constructed
+and maintained, the expenditures upon them being defrayed by the very
+facilities they afford, are a voluntary charge on those only who see fit
+to avail themselves of such facilities, and can be justly complained of
+by none. On the other hand, so long as these improvements are carried on
+by appropriations from the Treasury the benefits will continue to inure
+to those alone who enjoy the facilities afforded, while the expenditure
+will be a burden upon the whole country and the discrimination a double
+injury to places equally requiring improvement, but not equally favored
+by appropriations.
+
+These considerations, added to the embarrassments of the whole question,
+amply suffice to suggest the policy of confining appropriations by the
+General Government to works necessary to the execution of its undoubted
+powers and of leaving all others to individual enterprise or to the
+separate States, to be provided for out of their own resources or by
+recurrence to the provision of the Constitution which authorizes the
+States to lay duties of tonnage with the consent of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATIONS.
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas information has been received by me that an unlawful expedition
+has been fitted out in the State of California with a view to invade
+Mexico, a nation maintaining friendly relations with the United States,
+and that other expeditions are organizing within the United States for
+the same unlawful purpose; and
+
+Whereas certain citizens and inhabitants of this country, unmindful
+of their obligations and duties and of the rights of a friendly power,
+have participated and are about to participate in these enterprises,
+so derogatory to our national character and so threatening to our
+tranquillity, and are thereby incurring the severe penalties imposed
+by law against such offenders:
+
+Now, therefore, I, Franklin Pierce, President of the United States,
+have issued this my proclamation, warning all persons who shall connect
+themselves with any such enterprise or expedition that the penalties
+of the law denounced against such criminal conduct will be rigidly
+enforced; and I exhort all good citizens, as they regard our national
+character, as they respect our laws or the law of nations, as they
+value the blessings of peace and the welfare of their country,
+to discountenance and by all lawful means prevent such criminal
+enterprises; and I call upon all officers of this Government, civil
+and military, to use any efforts which may be in their power to arrest
+for trial and punishment every such offender.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+this 18th day of January, A.D. 1854, and the seventy-eighth of the
+Independence of the United States.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas information has been received that sundry persons, citizens of
+the United States and others residing therein, are engaged in organizing
+and fitting out a military expedition for the invasion of the island of
+Cuba; and
+
+Whereas the said undertaking is contrary to the spirit and express
+stipulations of treaties between the United States and Spain, derogatory
+to the character of this nation, and in violation of the obvious duties
+and obligations of faithful and patriotic citizens; and
+
+Whereas it is the duty of the constituted authorities of the United
+States to hold and maintain the control of the great question of peace
+or war, and not suffer the same to be lawlessly complicated under any
+pretense whatever; and
+
+Whereas to that end all private enterprises of a hostile character
+within the United States against any foreign power with which the United
+States are at peace are forbidden and declared to be a high misdemeanor
+by an express act of Congress:
+
+Now, therefore, in virtue of the authority vested by the Constitution in
+the President of the United States, I do issue this proclamation to warn
+all persons that the General Government claims it as a right and duty to
+interpose itself for the honor of its flag, the rights of its citizens,
+the national security, and the preservation of the public tranquillity,
+from whatever quarter menaced, and it will not fail to prosecute with
+due energy all those who, unmindful of their own and their country's
+fame, presume thus to disregard the laws of the land and our treaty
+obligations.
+
+I earnestly exhort all good citizens to discountenance and prevent any
+movement in conflict with law and national faith, especially charging
+the several district attorneys, collectors, and other officers of the
+United States, civil or military, having lawful power in the premises,
+to exert the same for the purpose of maintaining the authority and
+preserving the peace of the United States.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+the 31st day of May, A.D. 1854, and the seventy-eighth of the
+Independence Of the United States.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 4_, _1854_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The past has been an eventful year, and will be hereafter referred to as
+a marked epoch in the history of the world. While we have been happily
+preserved from the calamities of war, our domestic prosperity has not
+been entirely uninterrupted. The crops in portions of the country have
+been nearly cut off. Disease has prevailed to a greater extent than
+usual, and the sacrifice of human life through casualties by sea and
+land is without parallel. But the pestilence has swept by, and restored
+salubrity invites the absent to their homes and the return of business
+to its ordinary channels. If the earth has rewarded the labor of the
+husbandman less bountifully than in preceding seasons, it has left him
+with abundance for domestic wants and a large surplus for exportation.
+In the present, therefore, as in the past, we find ample grounds for
+reverent thankfulness to the God of grace and providence for His
+protecting care and merciful dealings with us as a people.
+
+Although our attention has been arrested by painful interest in passing
+events, yet our country feels no more than the slight vibrations of the
+convulsions which have shaken Europe. As individuals we can not repress
+sympathy with human suffering nor regret for the causes which produce
+it; as a nation we are reminded that whatever interrupts the peace or
+checks the prosperity of any part of Christendom tends more or less
+to involve our own. The condition of States is not unlike that of
+individuals; they are mutually dependent upon each other. Amicable
+relations between them and reciprocal good will are essential for the
+promotion of whatever is desirable in their moral, social, and political
+condition. Hence it has been my earnest endeavor to maintain peace and
+friendly intercourse with all nations.
+
+The wise theory of this Government, so early adopted and steadily
+pursued, of avoiding all entangling alliances has hitherto exempted
+it from many complications in which it would otherwise have become
+involved. Notwithstanding this our clearly defined and well-sustained
+course of action and our geographical position, so remote from Europe,
+increasing disposition has been manifested by some of its Governments to
+supervise and in certain respects to direct our foreign policy. In plans
+for adjusting the balance of power among themselves they have assumed to
+take us into account, and would constrain us to conform our conduct to
+their views. One or another of the powers of Europe has from time to
+time undertaken to enforce arbitrary regulations contrary in many
+respects to established principles of international law. That law the
+United States have in their foreign intercourse uniformly respected and
+observed, and they can not recognize any such interpolations therein as
+the temporary interests of others may suggest. They do not admit that
+the sovereigns of one continent or of a particular community of states
+can legislate for all others.
+
+Leaving the transatlantic nations to adjust their political system in
+the way they may think best for their common welfare, the independent
+powers of this continent may well assert the right to be exempt from all
+annoying interference on their part. Systematic abstinence from intimate
+political connection with distant foreign nations does not conflict with
+giving the widest range to our foreign commerce. This distinction, so
+clearly marked in history, seems to have been overlooked or disregarded
+by some leading foreign states. Our refusal to be brought within and
+subjected to their peculiar system has, I fear, created a jealous
+distrust of our conduct and induced on their part occasional acts of
+disturbing effect upon our foreign relations. Our present attitude and
+past course give assurances, which should not be questioned, that our
+purposes are not aggressive nor threatening to the safety and welfare of
+other nations. Our military establishment in time of peace is adapted to
+maintain exterior defenses and to preserve order among the aboriginal
+tribes within the limits of the Union. Our naval force is intended only
+for the protection of our citizens abroad and of our commerce, diffused,
+as it is, over all the seas of the globe. The Government of the United
+States, being essentially pacific in policy, stands prepared to repel
+invasion by the voluntary service of a patriotic people, and provides no
+permanent means of foreign aggression. These considerations should allay
+all apprehension that we are disposed to encroach on the rights or
+endanger the security of other states.
+
+Some European powers have regarded with disquieting concern the
+territorial expansion of the United States. This rapid growth has
+resulted from the legitimate exercise of sovereign rights belonging
+alike to all nations, and by many liberally exercised. Under such
+circumstances it could hardly have been expected that those among them
+which have within a comparatively recent period subdued and absorbed
+ancient kingdoms, planted their standards on every continent, and now
+possess or claim the control of the islands of every ocean as their
+appropriate domain would look with unfriendly sentiments upon the
+acquisitions of this country, in every instance honorably obtained, or
+would feel themselves justified in imputing our advancement to a spirit
+of aggression or to a passion for political predominance.
+
+Our foreign commerce has reached a magnitude and extent nearly equal to
+that of the first maritime power of the earth, and exceeding that of any
+other. Over this great interest, in which not only our merchants, but
+all classes of citizens, at least indirectly, are concerned, it is
+the duty of the executive and legislative branches of the Government
+to exercise a careful supervision and adopt proper measures for its
+protection. The policy which I had in view in regard to this interest
+embraces its future as well as its present security. Long experience has
+shown that, in general, when the principal powers of Europe are engaged
+in war the rights of neutral nations are endangered. This consideration
+led, in the progress of the War of our Independence, to the formation of
+the celebrated confederacy of armed neutrality, a primary object of
+which was to assert the doctrine that free ships make free goods, except
+in the case of articles contraband of war--a doctrine which from the
+very commencement of our national being has been a cherished idea of the
+statesmen of this country. At one period or another every maritime power
+has by some solemn treaty stipulation recognized that principle, and it
+might have been hoped that it would come to be universally received and
+respected as a rule of international law. But the refusal of one power
+prevented this, and in the next great war which ensued--that of the
+French Revolution--it failed to be respected among the belligerent
+States of Europe. Notwithstanding this, the principle is generally
+admitted to be a sound and salutary one, so much so that at the
+commencement of the existing war in Europe Great Britain and France
+announced their purpose to observe it for the present; not, however, as
+a recognized international right, but as a mere concession for the time
+being. The cooperation, however, of these two powerful maritime nations
+in the interest of neutral rights appeared to me to afford an occasion
+inviting and justifying on the part of the United States a renewed
+effort to make the doctrine in question a principle of international
+law, by means of special conventions between the several powers of
+Europe and America. Accordingly, a proposition embracing not only the
+rule that free ships make free goods, except contraband articles, but
+also the less contested one that neutral property other than contraband,
+though on board enemy's ships, shall be exempt from confiscation, has
+been submitted by this Government to those of Europe and America.
+
+Russia acted promptly in this matter, and a convention was concluded
+between that country and the United States providing for the observance
+of the principles announced, not only as between themselves, but also
+as between them and all other nations which shall enter into like
+stipulations. None of the other powers have as yet taken final action on
+the subject. I am not aware, however, that any objection to the proposed
+stipulations has been made, but, on the contrary, they are acknowledged
+to be essential to the security of neutral commerce, and the only
+apparent obstacle to their general adoption is in the possibility that
+it may be encumbered by inadmissible conditions.
+
+The King of the Two Sicilies has expressed to our minister at Naples his
+readiness to concur in our proposition relative to neutral rights and to
+enter into a convention on that subject.
+
+The King of Prussia entirely approves of the project of a treaty to
+the same effect submitted to him, but proposes an additional article
+providing for the renunciation of privateering. Such an article,
+for most obvious reasons, is much desired by nations having naval
+establishments large in proportion to their foreign commerce. If it
+were adopted as an international rule, the commerce of a nation having
+comparatively a small naval force would be very much at the mercy of its
+enemy in case of war with a power of decided naval superiority. The bare
+statement of the condition in which the United States would be placed,
+after having surrendered the right to resort to privateers, in the
+event of war with a belligerent of naval supremacy will show that this
+Government could never listen to such a proposition. The navy of the
+first maritime power in Europe is at least ten times as large as that of
+the United States. The foreign commerce of the two countries is nearly
+equal, and about equally exposed to hostile depredations. In war between
+that power and the United States, without resort on our part to our
+mercantile marine the means of our enemy to inflict injury upon our
+commerce would be tenfold greater than ours to retaliate. We could not
+extricate our country from this unequal condition, with such an enemy,
+unless we at once departed from our present peaceful policy and became a
+great naval power. Nor would this country be better situated in war with
+one of the secondary naval powers. Though the naval disparity would be
+less, the greater extent and more exposed condition of our widespread
+commerce would give any of them a like advantage over us.
+
+The proposition to enter into engagements to forego a resort to
+privateers in case this country should be forced into war with a great
+naval power is not entitled to more favorable consideration than would
+be a proposition to agree not to accept the services of volunteers for
+operations on land. When the honor or the rights of our country require
+it to assume a hostile attitude, it confidently relies upon the
+patriotism of its citizens, not ordinarily devoted to the military
+profession, to augment the Army and the Navy so as to make them fully
+adequate to the emergency which calls them into action. The proposal to
+surrender the right to employ privateers is professedly founded upon the
+principle that private property of unoffending noncombatants, though
+enemies, should be exempt from the ravages of war; but the proposed
+surrender goes but little way in carrying out that principle, which
+equally requires that such private property should not be seized or
+molested by national ships of war. Should the leading powers of Europe
+concur in proposing as a rule of international law to exempt private
+property upon the ocean from seizure by public armed cruisers as well
+as by privateers, the United States will readily meet them upon that
+broad ground.
+
+Since the adjournment of Congress the ratifications of the treaty
+between the United States and Great Britain relative to coast fisheries
+and to reciprocal trade with the British North American Provinces have
+been exchanged, and some of its anticipated advantages are already
+enjoyed by us, although its full execution was to abide certain acts of
+legislation not yet fully performed. So soon as it was ratified Great
+Britain opened to our commerce the free navigation of the river St.
+Lawrence and to our fishermen unmolested access to the shores and bays,
+from which they had been previously excluded, on the coasts of her North
+American Provinces; in return for which she asked for the introduction
+free of duty into the ports of the United States of the fish caught
+on the same coast by British fishermen. This being the compensation
+stipulated in the treaty for privileges of the highest importance and
+value to the United States, which were thus voluntarily yielded before
+it became effective, the request seemed to me to be a reasonable one;
+but it could not be acceded to from want of authority to suspend our
+laws imposing duties upon all foreign fish. In the meantime the Treasury
+Department issued a regulation for ascertaining the duties paid or
+secured by bonds on fish caught on the coasts of the British Provinces
+and brought to our markets by British subjects after the fishing grounds
+had been made fully accessible to the citizens of the United States.
+I recommend to your favorable consideration a proposition, which will
+be submitted to you, for authority to refund the duties and cancel the
+bonds thus received. The Provinces of Canada and New Brunswick have
+also anticipated the full operation of the treaty by legislative
+arrangements, respectively, to admit free of duty the products of
+the United States mentioned in the free list of the treaty; and an
+arrangement similar to that regarding British fish has been made for
+duties now chargeable on the products of those Provinces enumerated in
+the same free list and introduced therefrom into the United States, a
+proposition for refunding which will, in my judgment, be in like manner
+entitled to your favorable consideration.
+
+There is difference of opinion between the United States and Great
+Britain as to the boundary line of the Territory of Washington adjoining
+the British possessions on the Pacific, which has already led to
+difficulties on the part of the citizens and local authorities of the
+two Governments. I recommend that provision be made for a commission,
+to be joined by one on the part of Her Britannic Majesty, for the
+purpose of running and establishing the line in controversy. Certain
+stipulations of the third and fourth articles of the treaty concluded by
+the United States and Great Britain in 1846, regarding possessory rights
+of the Hudsons Bay Company and property of the Pugets Sound Agricultural
+Company, have given rise to serious disputes, and it is important to
+all concerned that summary means of settling them amicably should be
+devised. I have reason to believe that an arrangement can be made on
+just terms for the extinguishment of the rights in question, embracing
+also the right of the Hudsons Bay Company to the navigation of the river
+Columbia; and I therefore suggest to your consideration the expediency
+of making a contingent appropriation for that purpose.
+
+France was the early and efficient ally of the United States in
+their struggle for independence. From that time to the present, with
+occasional slight interruptions, cordial relations of friendship have
+existed between the Governments and people of the two countries. The
+kindly sentiments cherished alike by both nations have led to extensive
+social and commercial intercourse, which I trust will not be interrupted
+or checked by any casual event of an apparently unsatisfactory
+character. The French consul at San Francisco was not long since brought
+into the United States district court at that place by compulsory
+process as a witness in favor of another foreign consul, in violation,
+as the French Government conceives, of his privileges under our consular
+convention with France. There being nothing in the transaction which
+could imply any disrespect to France or its consul, such explanation
+has been made as, I hope, will be satisfactory. Subsequently
+misunderstanding arose on the subject of the French Government having,
+as it appeared, abruptly excluded the American minister to Spain from
+passing through France on his way from London to Madrid. But that
+Government has unequivocally disavowed any design to deny the right of
+transit to the minister of the United States, and after explanations to
+this effect he has resumed his journey and actually returned through
+France to Spain. I herewith lay before Congress the correspondence on
+this subject between our envoy at Paris and the minister of foreign
+relations of the French Government.
+
+The position of our affairs with Spain remains as at the close of the
+last session. Internal agitation, assuming very nearly the character
+of political revolution, has recently convulsed that country. The late
+ministers were violently expelled from power, and men of very different
+views in relation to its internal affairs have succeeded. Since this
+change there has been no propitious opportunity to resume and press
+on negotiations for the adjustment of serious questions of difficulty
+between the Spanish Government and the United States. There is reason
+to believe that our minister will find the present Government more
+favorably inclined than the preceding to comply with our just demands
+and to make suitable arrangements for restoring harmony and preserving
+peace between the two countries.
+
+Negotiations are pending with Denmark to discontinue the practice of
+levying tolls on our vessels and their cargoes passing through the
+Sound. I do not doubt that we can claim exemption therefrom as a matter
+of right. It is admitted on all hands that this exaction is sanctioned,
+not by the general principles of the law of nations, but only by special
+conventions which most of the commercial nations have entered into with
+Denmark. The fifth article of our treaty of 1826 with Denmark provides
+that there shall not be paid on the vessels of the United States and
+their cargoes when passing through the Sound higher duties than those of
+the most favored nations. This may be regarded as an implied agreement
+to submit to the tolls during the continuance of the treaty, and
+consequently may embarrass the assertion of our right to be released
+therefrom. There are also other provisions in the treaty which ought to
+be modified. It was to remain in force for ten years and until one year
+after either party should give notice to the other of intention to
+terminate it. I deem it expedient that the contemplated notice should
+be given to the Government of Denmark.
+
+The naval expedition dispatched about two years since for the purpose
+of establishing relations with the Empire of Japan has been ably and
+skillfully conducted to a successful termination by the officer to whom
+it was intrusted. A treaty opening certain of the ports of that populous
+country has been negotiated, and in order to give full effect thereto it
+only remains to exchange ratifications and adopt requisite commercial
+regulations.
+
+The treaty lately concluded between the United States and Mexico settled
+some of our most embarrassing difficulties with that country, but
+numerous claims upon it for wrongs and injuries to our citizens remained
+unadjusted, and many new cases have been recently added to the former
+list of grievances. Our legation has been earnest in its endeavors to
+obtain from the Mexican Government a favorable consideration of these
+claims, but hitherto without success. This failure is probably in some
+measure to be ascribed to the disturbed condition of that country.
+It has been my anxious desire to maintain friendly relations with
+the Mexican Republic and to cause its rights and territories to be
+respected, not only by our citizens, but by foreigners who have resorted
+to the United States for the purpose of organizing hostile expeditions
+against some of the States of that Republic. The defenseless condition
+in which its frontiers have been left has stimulated lawless adventurers
+to embark in these enterprises and greatly increased the difficulty of
+enforcing our obligations of neutrality. Regarding it as my solemn duty
+to fulfill efficiently these obligations, not only toward Mexico, but
+other foreign nations, I have exerted all the powers with which I am
+invested to defeat such proceedings and bring to punishment those who by
+taking a part therein violated our laws. The energy and activity of our
+civil and military authorities have frustrated the designs of those who
+meditated expeditions of this character except in two instances. One of
+these, composed of foreigners, was at first countenanced and aided by
+the Mexican Government itself, it having been deceived as to their
+real object. The other, small in number, eluded the vigilance of the
+magistrates at San Francisco and succeeded in reaching the Mexican
+territories; but the effective measures taken by this Government
+compelled the abandonment of the undertaking.
+
+The commission to establish the new line between the United States and
+Mexico, according to the provisions of the treaty of the 30th of
+December last, has been organized, and the work is already commenced.
+
+Our treaties with the Argentine Confederation and with the Republics of
+Uruguay and Paraguay secure to us the free navigation of the river La
+Plata and some of its larger tributaries, but the same success has not
+attended our endeavors to open the Amazon. The reasons in favor of the
+free use of that river I had occasion to present fully in a former
+message, and, considering the cordial relations which have long existed
+between this Government and Brazil, it may be expected that pending
+negotiations will eventually reach a favorable result.
+
+Convenient means of transit between the several parts of a country
+are not only desirable for the objects of commercial and personal
+communication, but essential to its existence under one government.
+Separated, as are the Atlantic and Pacific coasts of the United States,
+by the whole breadth of the continent, still the inhabitants of each
+are closely bound together by community of origin and institutions and
+by strong attachment to the Union. Hence the constant and increasing
+intercourse and vast interchange of commercial productions between
+these remote divisions of the Republic. At the present time the most
+practicable and only commodious routes for communication between them
+are by the way of the isthmus of Central America. It is the duty of the
+Government to secure these avenues against all danger of interruption.
+
+In relation to Central America, perplexing questions existed between
+the United States and Great Britain at the time of the cession of
+California. These, as well as questions which subsequently arose
+concerning interoceanic communication across the Isthmus, were,
+as it was supposed, adjusted by the treaty of April 19, 1850, but,
+unfortunately, they have been reopened by serious misunderstanding as
+to the import of some of its provisions, a readjustment of which is now
+under consideration. Our minister at London has made strenuous efforts
+to accomplish this desirable object, but has not yet found it possible
+to bring the negotiations to a termination.
+
+As incidental to these questions, I deem it proper to notice an
+occurrence which happened in Central America near the close of the
+last session of Congress. So soon as the necessity was perceived of
+establishing interoceanic communications across the Isthmus a company
+was organized, under the authority of the State of Nicaragua, but
+composed for the most part of citizens of the United States, for the
+purpose of opening such a transit way by the river San Juan and Lake
+Nicaragua, which soon became an eligible and much used route in the
+transportation of our citizens and their property between the Atlantic
+and Pacific. Meanwhile, and in anticipation of the completion and
+importance of this transit way, a number of adventurers had taken
+possession of the old Spanish port at the mouth of the river San Juan
+in open defiance of the State or States of Central America, which
+upon their becoming independent had rightfully succeeded to the local
+sovereignty and jurisdiction of Spain. These adventurers undertook to
+change the name of the place from San Juan del Norte to Greytown, and
+though at first pretending to act as the subjects of the fictitious
+sovereign of the Mosquito Indians, they subsequently repudiated the
+control of any power whatever, assumed to adopt a distinct political
+organization, and declared themselves an independent sovereign state.
+If at some time a faint hope was entertained that they might become
+a stable and respectable community, that hope soon vanished. They
+proceeded to assert unfounded claims to civil jurisdiction over Punta
+Arenas, a position on the opposite side of the river San Juan, which was
+in possession, under a title wholly independent of them, of citizens of
+the United States interested in the Nicaragua Transit Company, and which
+was indispensably necessary to the prosperous operation of that route
+across the Isthmus. The company resisted their groundless claims,
+whereupon they proceeded to destroy some of its buildings and attempted
+violently to dispossess it.
+
+At a later period they organized a strong force for the purpose of
+demolishing the establishment at Punta Arenas, but this mischievous
+design was defeated by the interposition of one of our ships of war at
+that time in the harbor of San Juan. Subsequently to this, in May last,
+a body of men from Greytown crossed over to Punta Arenas, arrogating
+authority to arrest on the charge of murder a captain of one of the
+steamboats of the Transit Company. Being well aware that the claim to
+exercise jurisdiction there would be resisted then, as it had been on
+previous occasions, they went prepared to assert it by force of arms.
+Our minister to Central America happened to be present on that occasion.
+Believing that the captain of the steamboat was innocent (for he
+witnessed the transaction on which the charge was founded), and
+believing also that the intruding party, having no jurisdiction over
+the place where they proposed to make the arrest, would encounter
+desperate resistance if they persisted in their purpose, he interposed,
+effectually, to prevent violence and bloodshed. The American minister
+afterwards visited Greytown, and whilst he was there a mob, including
+certain of the so-called public functionaries of the place, surrounded
+the house in which he was, avowing that they had come to arrest him by
+order of some person exercising the chief authority. While parleying
+with them he was wounded by a missile from the crowd. A boat dispatched
+from the American steamer _Northern Light_ to release him from the
+perilous situation in which he was understood to be was fired into by
+the town guard and compelled to return. These incidents, together with
+the known character of the population of Greytown and their excited
+state, induced just apprehensions that the lives and property of our
+citizens at Punta Arenas would be in imminent danger after the departure
+of the steamer, with her passengers, for New York, unless a guard was
+left for their protection. For this purpose, and in order to insure the
+safety of passengers and property passing over the route, a temporary
+force was organized, at considerable expense to the United States, for
+which provision was made at the last session of Congress.
+
+This pretended community, a heterogeneous assemblage gathered from
+various countries, and composed for the most part of blacks and persons
+of mixed blood, had previously given other indications of mischievous
+and dangerous propensities. Early in the same month property was
+clandestinely abstracted from the depot of the Transit Company and taken
+to Greytown. The plunderers obtained shelter there and their pursuers
+were driven back by its people, who not only protected the wrongdoers
+and shared the plunder, but treated with rudeness and violence those who
+sought to recover their property.
+
+Such, in substance, are the facts submitted to my consideration, and
+proved by trustworthy evidence. I could not doubt that the case demanded
+the interposition of this Government. Justice required that reparation
+should be made for so many and such gross wrongs, and that a course of
+insolence and plunder, tending directly to the insecurity of the lives
+of numerous travelers and of the rich treasure belonging to our citizens
+passing over this transit way, should be peremptorily arrested. Whatever
+it might be in other respects, the community in question, in power to do
+mischief, was not despicable. It was well provided with ordnance, small
+arms, and ammunition, and might easily seize on the unarmed boats,
+freighted with millions of property, which passed almost daily within
+its reach. It did not profess to belong to any regular government, and
+had, in fact, no recognized dependence on or connection with anyone
+to which the United States or their injured citizens might apply for
+redress or which could be held responsible in any way for the outrages
+committed. Not standing before the world in the attitude of an organized
+political society, being neither competent to exercise the rights nor to
+discharge the obligations of a government, it was, in fact, a marauding
+establishment too dangerous to be disregarded and too guilty to pass
+unpunished, and yet incapable of being treated in any other way than
+as a piratical resort of outlaws or a camp of savages depredating on
+emigrant trains or caravans and the frontier settlements of civilized
+states.
+
+Reasonable notice was given to the people of Greytown that this
+Government required them to repair the injuries they had done to our
+citizens and to make suitable apology for their insult of our minister,
+and that a ship of war would be dispatched thither to enforce compliance
+with these demands. But the notice passed unheeded. Thereupon a
+commander of the Navy, in charge of the sloop of war _Cyane_, was
+ordered to repeat the demands and to insist upon a compliance therewith.
+Finding that neither the populace nor those assuming to have authority
+over them manifested any disposition to make the required reparation,
+or even to offer excuse for their conduct, he warned them by a public
+proclamation that if they did not give satisfaction within a time
+specified he would bombard the town. By this procedure he afforded
+them opportunity to provide for their personal safety. To those also
+who desired to avoid loss of property in the punishment about to be
+inflicted on the offending town he furnished the means of removing their
+effects by the boats of his own ship and of a steamer which he procured
+and tendered to them for that purpose. At length, perceiving no
+disposition on the part of the town to comply with his requisitions, he
+appealed to the commander of Her Britannic Majesty's schooner _Bermuda_,
+who was seen to have intercourse and apparently much influence with the
+leaders among them, to interpose and persuade them to take some course
+calculated to save the necessity of resorting to the extreme measure
+indicated in his proclamation; but that officer, instead of acceding to
+the request, did nothing more than to protest against the contemplated
+bombardment. No steps of any sort were taken by the people to give the
+satisfaction required. No individuals, if any there were, who regarded
+themselves as not responsible for the misconduct of the community
+adopted any means to separate themselves from the fate of the guilty.
+The several charges on which the demands for redress were founded had
+been publicly known to all for some time, and were again announced
+to them. They did not deny any of these charges; they offered no
+explanation, nothing in extenuation of their conduct, but contumaciously
+refused to hold any intercourse with the commander of the _Cyane_.
+By their obstinate silence they seemed rather desirous to provoke
+chastisement than to escape it. There is ample reason to believe that
+this conduct of wanton defiance on their part is imputable chiefly to
+the delusive idea that the American Government would be deterred from
+punishing them through fear of displeasing a formidable foreign power,
+which they presumed to think looked with complacency upon their
+aggressive and insulting deportment toward the United States. The
+_Cyane_ at length fired upon the town. Before much injury had been done
+the fire was twice suspended in order to afford opportunity for an
+arrangement, but this was declined. Most of the buildings of the place,
+of little value generally, were in the sequel destroyed, but, owing to
+the considerate precautions taken by our naval commander, there was no
+destruction of life.
+
+When the _Cyane_ was ordered to Central America, it was confidently
+hoped and expected that no occasion would arise for "a resort to
+violence and destruction of property and loss of life." Instructions to
+that effect were given to her commander; and no extreme act would have
+been requisite had not the people themselves, by their extraordinary
+conduct in the affair, frustrated all the possible mild measures for
+obtaining satisfaction. A withdrawal from the place, the object of his
+visit entirely defeated, would under the circumstances in which the
+commander of the _Cyane_ found himself have been absolute abandonment
+of all claim of our citizens for indemnification and submissive
+acquiescence in national indignity. It would have encouraged in these
+lawless men a spirit of insolence and rapine most dangerous to the lives
+and property of our citizens at Punta Arenas, and probably emboldened
+them to grasp at the treasures and valuable merchandise continually
+passing over the Nicaragua route. It certainly would have been most
+satisfactory to me if the objects of the _Cyane's_ mission could have
+been consummated without any act of public force, but the arrogant
+contumacy of the offenders rendered it impossible to avoid the
+alternative either to break up their establishment or to leave them
+impressed with the idea that they might persevere with impunity in
+a career of insolence and plunder.
+
+This transaction has been the subject of complaint on the part of some
+foreign powers, and has been characterized with more of harshness than
+of justice. If comparisons were to be instituted, it would not be
+difficult to present repeated instances in the history of states
+standing in the very front of modern civilization where communities far
+less offending and more defenseless than Greytown have been chastised
+with much greater severity, and where not cities only have been laid in
+ruins, but human life has been recklessly sacrificed and the blood of
+the innocent made profusely to mingle with that of the guilty.
+
+Passing from foreign to domestic affairs, your attention is naturally
+directed to the financial condition of the country, always a subject
+of general interest. For complete and exact information regarding the
+finances and the various branches of the public service connected
+therewith I refer you to the report of the Secretary of the Treasury,
+from which it will appear that the amount of revenue during the last
+fiscal year from all sources was $73,549,705, and that the public
+expenditures for the same period, exclusive of payments on account of
+the public debt, amounted to $51,018,249. During the same period the
+payments made in redemption of the public debt, including interest and
+premium, amounted to $24,336,380. To the sum total of the receipts of
+that year is to be added a balance remaining in the Treasury at the
+commencement thereof, amounting to $21,942,892; and at the close of the
+same year a corresponding balance, amounting to $20,137,967, of receipts
+above expenditures also remained in the Treasury. Although, in the
+opinion of the Secretary of the Treasury, the receipts of the current
+fiscal year are not likely to equal in amount those of the last, yet
+they will undoubtedly exceed the amount of expenditures by at least
+$15,000,000. I shall therefore continue to direct that the surplus
+revenue be applied, so far as it can be judiciously and economically
+done, to the reduction of the public debt, the amount of which at the
+commencement of the last fiscal year was $67,340,628; of which there had
+been paid on the 20th day of November, 1854, the sum of $22,365,172,
+leaving a balance of outstanding public debt of only $44,975,456,
+redeemable at different periods within fourteen years. There are also
+remnants of other Government stocks, most of which are already due, and
+on which the interest has ceased, but which have not yet been presented
+for payment, amounting to $233,179. This statement exhibits the fact
+that the annual income of the Government greatly exceeds the amount of
+its public debt, which latter remains unpaid only because the time of
+payment has not yet matured, and it can not be discharged at once except
+at the option of public creditors, who prefer to retain the securities
+of the United States; and the other fact, not less striking, that the
+annual revenue from all sources exceeds by many millions of dollars
+the amount needed for a prudent and economical administration of the
+Government.
+
+The estimates presented to Congress from the different Executive
+Departments at the last session amounted to $38,406,581 and the
+appropriations made to the sum of $58,116,958. Of this excess of
+appropriations over estimates, however, more than twenty millions was
+applicable to extraordinary objects, having no reference to the usual
+annual expenditures. Among these objects was embraced ten millions to
+meet the third article of the treaty between the United States and
+Mexico; so that, in fact, for objects of ordinary expenditure the
+appropriations were limited to considerably less than $40,000,000.
+I therefore renew my recommendation for a reduction of the duties on
+imports. The report of the Secretary of the Treasury presents a series
+of tables showing the operation of the revenue system for several
+successive years; and as the general principle of reduction of duties
+with a view to revenue, and not protection, may now be regarded as the
+settled policy of the country, I trust that little difficulty will be
+encountered in settling the details of a measure to that effect.
+
+In connection with this subject I recommend a change in the laws, which
+recent experience has shown to be essential to the protection of the
+Government. There is no express provision of law requiring the records
+and papers of a public character of the several officers of the
+Government to be left in their offices for the use of their successors,
+nor any provision declaring it felony on their part to make false
+entries in the books or return false accounts. In the absence of such
+express provision by law, the outgoing officers in many instances have
+claimed and exercised the right to take into their own possession
+important books and papers, on the ground that these were their private
+property, and have placed them beyond the reach of the Government.
+Conduct of this character, brought in several instances to the notice of
+the present Secretary of the Treasury, naturally awakened his suspicion,
+and resulted in the disclosure that at four ports--namely, Oswego,
+Toledo, Sandusky, and Milwaukee--the Treasury had, by false entries,
+been defrauded within the four years next preceding March, 1853, of the
+sum of $198,000. The great difficulty with which the detection of these
+frauds has been attended, in consequence of the abstraction of books and
+papers by the retiring officers, and the facility with which similar
+frauds in the public service may be perpetrated render the necessity of
+new legal enactments in the respects above referred to quite obvious.
+For other material modifications of the revenue laws which seem to me
+desirable, I refer you to the report of the Secretary of the Treasury.
+That report and the tables which accompany it furnish ample proofs of
+the solid foundation on which the financial security of the country
+rests and of the salutary influence of the independent-treasury system
+upon commerce and all monetary operations.
+
+The experience of the last year furnishes additional reasons, I regret
+to say, of a painful character, for the recommendation heretofore made
+to provide for increasing the military force employed in the Territory
+inhabited by the Indians. The settlers on the frontier have suffered
+much from the incursions of predatory bands, and large parties of
+emigrants to our Pacific possessions have been massacred with impunity.
+The recurrence of such scenes can only be prevented by teaching these
+wild tribes the power of and their responsibility to the United States.
+From the garrisons of our frontier posts it is only possible to detach
+troops in small bodies; and though these have on all occasions displayed
+a gallantry and a stern devotion to duty which on a larger field would
+have commanded universal admiration, they have usually suffered severely
+in these conflicts with superior numbers, and have sometimes been
+entirely sacrificed. All the disposable force of the Army is already
+employed on this service, and is known to be wholly inadequate to the
+protection which should be afforded. The public mind of the country has
+been recently shocked by savage atrocities committed upon defenseless
+emigrants and border settlements, and hardly less by the unnecessary
+destruction of valuable lives where inadequate detachments of troops
+have undertaken to furnish the needed aid. Without increase of the
+military force these scenes will be repeated, it is to be feared, on
+a larger scale and with more disastrous consequences. Congress, I am
+sure, will perceive that the plainest duties and responsibilities of
+Government are involved in this question, and I doubt not that prompt
+action may be confidently anticipated when delay must be attended by
+such fearful hazards.
+
+The bill of the last session providing for an increase of the pay of
+the rank and file of the Army has had beneficial results, not only in
+facilitating enlistments, but in obvious improvement in the class of men
+who enter the service. I regret that corresponding consideration was not
+bestowed on the officers, who, in view of their character and services
+and the expenses to which they are necessarily subject, receive at
+present what is, in my judgment, inadequate compensation.
+
+The valuable services constantly rendered by the Army and its
+inestimable importance as the nucleus around which the volunteer forces
+of the nation can promptly gather in the hour of danger, sufficiently
+attest the wisdom of maintaining a military peace establishment; but the
+theory of our system and the wise practice under it require that any
+proposed augmentation in time of peace be only commensurate with our
+extended limits and frontier relations. While scrupulously adhering
+to this principle, I find in existing circumstances a necessity for
+increase of our military force, and it is believed that four new
+regiments, two of infantry and two of mounted men, will be sufficient to
+meet the present exigency. If it were necessary carefully to weigh the
+cost in a case of such urgency, it would be shown that the additional
+expense would be comparatively light.
+
+With the increase of the numerical force of the Army should, I think, be
+combined certain measures of reform in its organic arrangement and
+administration. The present organization is the result of partial
+legislation often directed to special objects and interests; and the
+laws regulating rank and command, having been adopted many years ago
+from the British code, are not always applicable to our service. It is
+not surprising, therefore, that the system should be deficient in the
+symmetry and simplicity essential to the harmonious working of its
+several parts, and require a careful revision.
+
+The present organization, by maintaining large staff corps or
+departments, separates many officers from that close connection with
+troops and those active duties in the field which are deemed requisite
+to qualify them for the varied responsibilities of high command. Were
+the duties of the Army staff mainly discharged by officers detached
+from their regiments, it is believed that the special service would be
+equally well performed and the discipline and instruction of the Army be
+improved. While due regard to the security of the rights of officers and
+to the nice sense of honor which should be cultivated among them would
+seem to exact compliance with the established rule of promotion in
+ordinary cases, still it can hardly be doubted that the range of
+promotion by selection, which is now practically confined to the grade
+of general officers, might be somewhat extended with benefit to the
+public service. Observance of the rule of seniority sometimes leads,
+especially in time of peace, to the promotion of officers who, after
+meritorious and even distinguished service, may have been rendered
+by age or infirmity incapable of performing active duty, and whose
+advancement, therefore, would tend to impair the efficiency of the Army.
+Suitable provision for this class of officers, by the creation of a
+retired list, would remedy the evil without wounding the just pride of
+men who by past services have established a claim to high consideration.
+In again commending this measure to the favorable consideration of
+Congress I would suggest that the power of placing officers on the
+retired list be limited to one year. The practical operation of the
+measure would thus be tested, and if after the lapse of years there
+should be occasion to renew the provision it can be reproduced with any
+improvements which experience may indicate. The present organization
+of the artillery into regiments is liable to obvious objections. The
+service of artillery is that of batteries, and an organization of
+batteries into a corps of artillery would be more consistent with the
+nature of their duties. A large part of the troops now called artillery
+are, and have been, on duty as infantry, the distinction between the
+two arms being merely nominal. This nominal artillery in our service is
+disproportionate to the whole force and greater than the wants of the
+country demand. I therefore commend the discontinuance of a distinction
+which has no foundation in either the arms used or the character of the
+service expected to be performed.
+
+In connection with the proposition for the increase of the Army, I have
+presented these suggestions with regard to certain measures of reform as
+the complement of a system which would produce the happiest results from
+a given expenditure, and which, I hope, may attract the early attention
+and be deemed worthy of the approval of Congress.
+
+The recommendation of the Secretary of the Navy having reference to
+more ample provisions for the discipline and general improvement in the
+character of seamen and for the reorganization and gradual increase of
+the Navy I deem eminently worthy of your favorable consideration. The
+principles which have controlled our policy in relation to the permanent
+military force by sea and land are sound, consistent with the theory
+of our system, and should by no means be disregarded. But, limiting
+the force to the objects particularly set forth in the preceding part
+of this message, we should not overlook the present magnitude and
+prospective extension of our commercial marine, nor fail to give due
+weight to the fact that besides the 2,000 miles of Atlantic seaboard
+we have now a Pacific coast stretching from Mexico to the British
+possessions in the north, teeming with wealth and enterprise and
+demanding the constant presence of ships of war. The augmentation of
+the Navy has not kept pace with the duties properly and profitably
+assigned to it in time of peace, and it is inadequate for the large
+field of its operations, not merely in the present, but still more in
+the progressively increasing exigencies of the commerce of the United
+States. I cordially approve of the proposed apprentice system for our
+national vessels recommended by the Secretary of the Navy.
+
+The occurrence during the last few months of marine disasters of the
+most tragic nature, involving great loss of human life, has produced
+intense emotions of sympathy and sorrow throughout the country. It
+may well be doubted whether all these calamitous events are wholly
+attributable to the necessary and inevitable dangers of the sea. The
+merchants, mariners, and shipbuilders of the United States are, it is
+true, unsurpassed in far-reaching enterprise, skill, intelligence, and
+courage by any others in the world. But with the increasing amount of
+our commercial tonnage in the aggregate and the larger size and improved
+equipment of the ships now constructed a deficiency in the supply of
+reliable seamen begins to be very seriously felt. The inconvenience may
+perhaps be met in part by due regulation for the introduction into our
+merchant ships of indented apprentices, which, while it would afford
+useful and eligible occupation to numerous young men, would have a
+tendency to raise the character of seamen as a class. And it is
+deserving of serious reflection whether it may not be desirable to
+revise the existing laws for the maintenance of discipline at sea, upon
+which the security of life and property on the ocean must to so great
+an extent depend. Although much attention has already been given by
+Congress to the proper construction and arrangement of steam vessels and
+all passenger ships, still it is believed that the resources of science
+and mechanical skill in this direction have not been exhausted. No good
+reason exists for the marked distinction which appears upon our statutes
+between the laws for protecting life and property at sea and those for
+protecting them on land. In most of the States severe penalties are
+provided to punish conductors of trains, engineers, and others employed
+in the transportation of persons by railway or by steamboats on rivers.
+Why should not the same principle be applied to acts of insubordination,
+cowardice, or other misconduct on the part of masters and mariners
+producing injury or death to passengers on the high seas, beyond the
+jurisdiction of any of the States, and where such delinquencies can be
+reached only by the power of Congress? The whole subject is earnestly
+commended to your consideration.
+
+The report of the Postmaster-General, to which you are referred for many
+interesting details in relation to this important and rapidly extending
+branch of the public service, shows that the expenditure of the year
+ending June 30, 1854, including $133,483 of balance due to foreign
+offices, amounted to $8,710,907. The gross receipts during the same
+period amounted to $6,955,586, exhibiting an expenditure over income
+of $1,755,321 and a diminution of deficiency as compared with the last
+year of $361,756. The increase of the revenue of the Department for the
+year ending June 30, 1854, over the preceding year was $970,399, No
+proportionate increase, however, can be anticipated for the current
+year, in consequence of the act of Congress of June 23, 1854, providing
+for increased compensation to all postmasters. From these statements it
+is apparent that the Post-Office Department, instead of defraying its
+expenses according to the design at the time of its creation, is now,
+and under existing laws must continue to be, to no small extent a charge
+upon the general Treasury. The cost of mail transportation during the
+year ending June 30, 1854, exceeds the cost of the preceding year
+by $495,074. I again call your attention to the subject of mail
+transportation by ocean steamers, and commend the suggestions of the
+Postmaster-General to your early attention.
+
+During the last fiscal year 11,070,935 acres of the public lands have
+been surveyed and 8,190,017 acres brought into market. The number of
+acres sold is 7,035,735 and the amount received therefor $9,285,533.
+The aggregate amount of lands sold, located under military scrip and
+land warrants, selected as swamp lands by States, and by locating
+under grants for roads is upward of 23,000,000 acres. The increase of
+lands sold over the previous year is about 6,000,000 acres, and the
+sales during the first two quarters of the current year present the
+extraordinary result of five and a half millions sold, exceeding by
+nearly 4,000,000 acres the sales of the corresponding quarters of the
+last year.
+
+The commendable policy of the Government in relation to setting apart
+public domain for those who have served their country in time of war is
+illustrated by the fact that since 1790 no less than 30,000,000 acres
+have been applied to this object.
+
+The suggestions which I submitted in my annual message of last year in
+reference to grants of land in aid of the construction of railways were
+less full and explicit than the magnitude of the subject and subsequent
+developments would seem to render proper and desirable. Of the soundness
+of the principle then asserted with regard to the limitation of the
+power of Congress I entertain no doubt, but in its application it is not
+enough that the value of lands in a particular locality may be enhanced;
+that, in fact, a larger amount of money may probably be received in a
+given time for alternate sections than could have been realized for
+all the sections without the impulse and influence of the proposed
+improvements. A prudent proprietor looks beyond limited sections of his
+domain, beyond present results to the ultimate effect which a particular
+line of policy is likely to produce upon all his possessions and
+interests. The Government, which is trustee in this matter for the
+people of the States, is bound to take the same wise and comprehensive
+view. Prior to and during the last session of Congress upward of
+30,000,000 acres of land were withdrawn from public sale with a view
+to applications for grants of this character pending before Congress.
+A careful review of the whole subject led me to direct that all such
+orders be abrogated and the lands restored to market, and instructions
+were immediately given to that effect. The applications at the last
+session contemplated the construction of more than 5,000 miles of road
+and grants to the amount of nearly 20,000,000 acres of the public
+domain. Even admitting the right on the part of Congress to be
+unquestionable, is it quite clear that the proposed grants would be
+productive of good, and not evil? The different projects are confined
+for the present to eleven States of this Union and one Territory. The
+reasons assigned for the grants show that it is proposed to put the
+works speedily in process of construction. When we reflect that since
+the commencement of the construction of railways in the United States,
+stimulated, as they have been, by the large dividends realized from
+the earlier works over the great thoroughfares and between the most
+important points of commerce and population, encouraged by State
+legislation, and pressed forward by the amazing energy of private
+enterprise, only 17,000 miles have been completed in all the States in a
+quarter of a century; when we see the crippled condition of many works
+commenced and prosecuted upon what were deemed to be sound principles
+and safe calculations; when we contemplate the enormous absorption
+of capital withdrawn from the ordinary channels of business, the
+extravagant rates of interest at this moment paid to continue
+operations, the bankruptcies, not merely in money but in character, and
+the inevitable effect upon finances generally, can it be doubted that
+the tendency is to run to excess in this matter? Is it wise to augment
+this excess by encouraging hopes of sudden wealth expected to flow
+from magnificent schemes dependent upon the action of Congress? Does
+the spirit which has produced such results need to be stimulated or
+checked? Is it not the better rule to leave all these works to private
+enterprise, regulated and, when expedient, aided by the cooperation of
+States? If constructed by private capital the stimulant and the check go
+together and furnish a salutary restraint against speculative schemes
+and extravagance. But it is manifest that with the most effective guards
+there is danger of going too fast and too far.
+
+We may well pause before a proposition contemplating a simultaneous
+movement for the construction of railroads which in extent will equal,
+exclusive of the great Pacific road and all its branches, nearly
+one-third of the entire length of such works now completed in the United
+States, and which can not cost with equipments less than $150,000,000.
+The dangers likely to result from combinations of interests of this
+character can hardly be overestimated. But independently of these
+considerations, where is the accurate knowledge, the comprehensive
+intelligence, which shall discriminate between the relative claims of
+these twenty-eight proposed roads in eleven States and one Territory?
+Where will you begin and where end? If to enable these companies to
+execute their proposed works it is necessary that the aid of the General
+Government be primarily given, the policy will present a problem so
+comprehensive in its bearings and so important to our political and
+social well-being as to claim in anticipation the severest analysis.
+Entertaining these views, I recur with satisfaction to the experience
+and action of the last session of Congress as furnishing assurance that
+the subject will not fail to elicit a careful reexamination and rigid
+scrutiny.
+
+It was my intention to present on this occasion some suggestions
+regarding internal improvements by the General Government, which want
+of time at the close of the last session prevented my submitting on
+the return to the House of Representatives with objections of the bill
+entitled "An act making appropriations for the repair, preservation,
+and completion of certain public works heretofore commenced under the
+authority of law;" but the space in this communication already occupied
+with other matter of immediate public exigency constrains me to reserve
+that subject for a special message, which will be transmitted to the two
+Houses of Congress at an early day.
+
+The judicial establishment of the United States requires modification,
+and certain reforms in the manner of conducting the legal business of
+the Government are also much needed; but as I have addressed you upon
+both of these subjects at length before, I have only to call your
+attention to the suggestions then made.
+
+My former recommendations in relation to suitable provision for various
+objects of deep interest to the inhabitants of the District of Columbia
+are renewed. Many of these objects partake largely of a national
+character, and are important independently of their relation to the
+prosperity of the only considerable organized community in the Union
+entirely unrepresented in Congress.
+
+I have thus presented suggestions on such subjects as appear to me to
+be of particular interest or importance, and therefore most worthy of
+consideration during the short remaining period allotted to the labors
+of the present Congress.
+
+Our forefathers of the thirteen united colonies, in acquiring their
+independence and in founding this Republic of the United States of
+America, have devolved upon us, their descendants, the greatest and the
+most noble trust ever committed to the hands of man, imposing upon all,
+and especially such as the public will may have invested for the time
+being with political functions, the most sacred obligations. We have to
+maintain inviolate the great doctrine of the inherent right of popular
+self-government; to reconcile the largest liberty of the individual
+citizen with complete security of the public order; to render cheerful
+obedience to the laws of the land, to unite in enforcing their
+execution, and to frown indignantly on all combinations to resist
+them; to harmonize a sincere and ardent devotion to the institutions
+of religious faith with the most universal religious toleration; to
+preserve the rights of all by causing each to respect those of the
+other; to carry forward every social improvement to the uttermost limit
+of human perfectibility, by the free action of mind upon mind, not by
+the obtrusive intervention of misapplied force; to uphold the integrity
+and guard the limitations of our organic law; to preserve sacred
+from all touch of usurpation, as the very palladium of our political
+salvation, the reserved rights and powers of the several States and of
+the people; to cherish with loyal fealty and devoted affection this
+Union, as the only sure foundation on which the hopes of civil liberty
+rest; to administer government with vigilant integrity and rigid
+economy; to cultivate peace and friendship with foreign nations, and to
+demand and exact equal justice from all, but to do wrong to none; to
+eschew intermeddling with the national policy and the domestic repose of
+other governments, and to repel it from our own; never to shrink from
+war when the rights and the honor of the country call us to arms, but
+to cultivate in preference the arts of peace, seek enlargement of the
+rights of neutrality, and elevate and liberalize the intercourse of
+nations; and by such just and honorable means, and such only, whilst
+exalting the condition of the Republic, to assure to it the legitimate
+influence and the benign authority of a great example amongst all the
+powers of Christendom.
+
+Under the solemnity of these convictions the blessing of Almighty God is
+earnestly invoked to attend upon your deliberations and upon all the
+counsels and acts of the Government, to the end that, with common zeal
+and common efforts, we may, in humble submission to the divine will,
+cooperate for the promotion of the supreme good of these United States.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 5, 1854_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to approval,
+a compact between the United States and the royal Government of Lew
+Chew, entered into at Napa on the 11th day of July last, for securing
+certain privileges to vessels of the United States resorting to the Lew
+Chew Islands.
+
+A copy of the instructions of the Secretary of State upon the subject is
+also herewith transmitted.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 5, 1894_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention for regulating the right of inheriting and
+acquiring property, concluded in this city on the 21st day of August
+last between the United States and His Highness the Duke of Brunswick
+and Luneburg.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 11, 1854_.
+
+_To the Senate and House of Representatives_:
+
+An act for the relief of the legal representatives of Samuel Prioleau,
+deceased, which provided for the payment of the sum of $6,928.60 to the
+legal representatives of said Prioleau by the proper accounting officer
+of the Treasury, was approved by me July 27, 1854. It having been
+ascertained that the identical claim provided for in this act was
+liquidated and paid under the provisions of the general act of August 4,
+1790, and of the special act of January 24, 1795, the First Comptroller
+of the Treasury declined to give effect to the law first above referred
+to without communicating the facts for my consideration. This refusal
+I regard as fully justified by the facts upon which it was predicated.
+
+In view of the destruction of valuable papers by fire in the building
+occupied by the Treasury Department in 1814 and again in 1833, it is not
+surprising that cases like this should, more than seventy years after
+the transaction with which they were connected, be involved in much
+doubt. The report of the Comptroller, however, shows conclusively by
+record evidence still preserved in the Department and elsewhere that the
+sum of $6,122.44, with $3,918.36 interest thereon from the date of the
+destruction of the property, making the sum of $10,040.80, was allowed
+to Samuel Prioleau under the act for his relief passed in 1795.
+
+That amount was reported by the Auditor to the Comptroller on the
+4th day of February, 1795, to be funded as follows, to wit.
+
+
+ Two thirds of $6,122.44 called 6 per cent stock $4,081.63
+ One third called deferred stock 2,040.81
+ Interest on the principal, called 3 per cent stock 3,918.36
+
+ Total 10,040.80
+
+ On the books of the loan office of South Carolina, under date of April
+ 27, 1795 is an entry showing that there was issued of the funded 6 per
+ cent stock to
+
+ Samuel Prioleau 4,081.63
+ Of the deferred stock 2,040.81
+ Of the 3 per cent stock 3,918.36
+
+ Total 10,040.80
+
+
+On the ledger of said loan office an account was opened with Samuel
+Prioleau, in which he was credited with the three items of stock and
+deputed by the transfer of each certificate to certain persons named,
+under dates of May 20, 1795, August 24, 1795, and April 19, 1796.
+
+These records show that the account of Samuel Prioleau, required to be
+settled by the act of January 28, 1795, was settled; that the value of
+the property destroyed was allowed; that the amount so found due was
+funded by said Prioleau and entered by his order on the loan-office
+books of South Carolina, and soon thereafter by him sold and
+transferred. That the entire funded debt of the United States was long
+since paid is matter of history.
+
+It is apparent that the claim has been prosecuted under a
+misapprehension on the part of the present claimants.
+
+I present the evidence in the case collected by the First Comptroller
+and embodied in his report for your consideration, together with a copy
+of a letter just received by that officer from the executor of P.G.
+Prioleau, and respectfully recommend the repeal of the act of July 27,
+1854.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 11, 1854_.
+
+_To the House of Representatives_:
+
+
+I transmit herewith a report from the Secretary of State, with
+accompanying documents,[33] in compliance with the resolution of the
+House of Representatives of the 27th of July last.
+
+FRANKLIN PIERCE.
+
+[Footnote 33: Correspondence of the American consul-general at Cairo
+relative to the expulsion of the Greeks from Egypt.]
+
+
+
+WASHINGTON, _December 11, 1854_.
+
+_To the Senate_:
+
+I herewith transmit a communication from the Secretary of the Treasury,
+requesting authority to invest the sum of $6,561.80, received from the
+sales of lands in the Chickasaw cession, in stocks for the benefit of
+the Chickasaw national fund, as required by the eleventh article of the
+treaty with the Chickasaws of the 20th October, 1832, and the act of
+Congress of 11th September, 1841.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1854_.
+
+_To the Senate of the United States_:
+
+Herewith I transmit a report of the Secretary of State, with
+accompanying papers,[34] in answer to the resolution of the Senate
+of the 3d of August last.
+
+FRANKLIN PIERCE.
+
+[Footnote 34: Correspondence relative to difficulties between Rev.
+Jonas King and the Government of Greece.]
+
+
+
+WASHINGTON, _December 16, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[35] in answer to the resolution of the House of Representatives
+of the 27th of July last.
+
+FRANKLIN PIERCE.
+
+[Footnote 35: Relating to the case of Walter M. Gibson, held in duress by
+the Dutch authorities at Batavia, island of Java, on a charge of having
+attempted to excite the native chiefs of Sumatra to throw off their
+allegiance to the Dutch Government.]
+
+
+
+WASHINGTON, _December 19, 1854_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of War, with accompanying papers,
+in answer to the resolution of the House of Representatives of the 2d of
+August last, requesting such information as may be in the possession of
+the War Department touching the cause of any difficulties which may have
+arisen between the Creek and Seminole Indians since their removal west
+of the Mississippi and other matters concerning the tribes.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 20, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty made at the Neosho Agency on the 12th August, 1854, by
+Andrew J. Dorn, commissioner on the part of the United States, and the
+chiefs and warriors of the Quapaw tribe of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 20, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty made by Andrew J. Dorn, commissioner on the part
+of the United States, on the 23d of August, 1854, and the chiefs and
+warriors of the Senecas of Sandusky and the Senecas and Shawnees of
+Lewistown, designated by the treaty of 1832 as the United Nation of
+Seneca and Shawnee Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 20, 1854_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty made at La Pointe, Wis., on the 30th of September,
+1854, by Henry C. Gilbert and David B. Harriman, commissioners on the
+part of the United States, and the chiefs and headmen of the Chippewas
+of Lake Superior and the Mississippi.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 26, 1854_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 5th instant,
+requesting me, if not incompatible with the public interests, to
+communicate to that body "copies of all instructions and correspondence
+between the different Departments of the Government and Major-General
+Wool, commanding the Pacific division of the Army, in regard to his
+operations on that coast," I transmit the accompanying documents.
+
+FRANKLIN PIERCE.
+
+[For message of December 30, 1854, giving an exposition of the reasons
+of the President for vetoing "An act making appropriations for the
+repair, preservation, and completion of certain public works heretofore
+commenced under the authority of law," see pp. 257-271.]
+
+
+
+WASHINGTON, D.C., _January 1, 1855_.
+
+_To the House of Representatives_:
+
+In response to the resolution of the House of Representatives of the
+11th ultimo, requesting the President "to communicate to this House
+any proposition which may have been made to the Government by the city
+authorities of Memphis relative to the navy-yard property recently ceded
+to that city, together with his views and those of the Navy Department
+as to the propriety of accepting the proposed re-cession and of
+reestablishing a naval depot and yard of construction at Memphis,"
+I transmit herewith a report of the Secretary of the Navy, and have
+only to add my concurrence in the views by him presented.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 9, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its constitutional action
+thereon, an article of agreement and convention made and concluded on
+the 9th day of December, 1854, between the United States, by George
+Hepner, United States Indian agent, and the chiefs and headmen of the
+confederate tribes of Otoe and Missouria Indians, being a supplement to
+the treaty made between the United States and said confederate tribes on
+the 15th day of March, 1854.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 10, 1855_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report of the Attorney-General, with the
+accompanying documents, communicating the information required by the
+following resolution of the House of Representatives, of the 28th ultimo:
+
+ _Resolved_, That the President of the United States be requested to
+ communicate to this House any information possessed by him regarding a
+ suit instituted in the Territory of Minnesota by or in the name of the
+ United States against the Minnesota and Northwestern Railroad Company.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 11, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 3d instant,
+requesting "a statement of the names of the ministers, charges
+d'affaires, and the secretaries of legation of the United States
+appointed since the 4th of March, 1849, together with the dates of
+their commissions, the time of the commencement of their compensation,
+of their departure for their posts, and of their entering upon their
+official duties thereat," I transmit the accompanying report from the
+Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 16, 1855_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a letter of the Secretary of War upon the subject of
+Indian hostilities. The employment of volunteer troops, as suggested by
+the Secretary, seems to afford the only practicable means of providing
+for the present emergency.
+
+There is much reason to believe that other cases similar in character
+to those particularly referred to in the accompanying papers will at
+an early day require vigorous measures and the exhibition of a strong
+military force. The proposed temporary provision to meet a special
+demand, so far from obviating, in my judgment only serves to illustrate
+the urgent necessity of an increase of the Regular Army, at least to
+the extent recommended in my late annual message. Unless by the plan
+proposed, or some other equally effective, a force can be early brought
+into the field adequate to the suppression of existing hostilities, the
+combination of predatory bands will be extended and the difficulty of
+restoring order and security greatly magnified. On the other hand,
+without a permanent military force of sufficient strength to control
+the unfriendly Indians, it may be expected that hostilities will soon
+be renewed and that years of border warfare will afflict the country,
+retarding the progress of settlement, exposing emigrant trains to savage
+barbarities and consuming millions of the public money.
+
+The state of things made known in various letters recently received
+at the War Department, extracts from a portion of which are herewith
+inclosed, is calculated to augment the deep solicitude which this matter
+has for some time past awakened, and which has been earnestly expressed
+in previous messages and in the annual reports of the Secretary of War.
+
+I respectfully submit that the facts now communicated urgently call for
+immediate action on the part of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 17, 1855_.
+
+_To the Senate of the United States_:
+
+In further compliance with the resolution of the Senate of the 5th
+of December last, requesting copies of correspondence[36] between
+Major-General Wool and the different Departments of the Government,
+I transmit a report from the Secretary of State and the documents by
+which it was accompanied.
+
+FRANKLIN PIERCE.
+
+[Footnote 36: Relating to affairs on the Pacific Coast.]
+
+
+
+WASHINGTON, _January 19, 1855_.
+
+_To the House of Representatives_:
+
+In further compliance with the resolution of the House of
+Representatives of the 27th of July last, upon the subject of the case
+of Walter M. Gibson, I transmit a report from the Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 19, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a letter from the Secretary of the
+Interior, dated the 18th instant, covering a communication from the
+Commissioner of Indian Affairs, with accompanying papers, and asking
+that certain appropriations be made for the service of the Indian
+Department.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 22, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying papers, and recommend that
+the appropriation[37] therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 37: For payment of interest due the Cherokee Indians.]
+
+
+
+WASHINGTON, _January 24, 1855_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a report of the Secretary of the Interior and the
+Postmaster-General, together with accompanying documents, communicating
+what has been done in execution of the act of Congress of August 2,
+1854, entitled "An act to provide for the accommodation of the courts
+of the United States in the cities of New York and Philadelphia."
+
+I have deemed it best under the circumstances not to enter into
+contracts for the purchase of sites, but to submit all proposals made,
+in response to public advertisement for several weeks in the principal
+newspapers in each of the cities designated, to Congress, for such
+action as it may deem proper to take in fulfillment of the original
+design of the before-mentioned act.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 29, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying papers, and recommend that
+the appropriations therein asked for be made.
+
+I avail myself of the occasion to suggest a modification of existing
+laws, with a view to enable me more effectually to carry into execution
+the treaties with the different Indian tribes in Kansas Territory.
+
+With an earnest desire to promote the early settlement of the ceded
+lands, as well as those held in trust and to be sold for the benefit of
+the Indians, I shall exercise all the power intrusted to me to maintain
+strictly and in good faith our treaty obligations.
+
+I respectfully recommend that provisions be made by law requiring the
+lands which are to be sold on account of the Indians by the Government
+to be appraised and classified; a minimum price to be fixed, for a less
+sum than which no sales shall be made without further provision of law;
+and authorizing the sale of the lands in such quantities and at such
+times and places as the obligations of the Government, the rights of
+the Indian tribes, and the public interest, with reference to speedy
+settlement, may render expedient.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 30, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 6th of December
+last, requesting the President "to communicate to the Senate, if in his
+opinion not incompatible with the public interest, the instructions,
+correspondence, and other documents relating to the naval expedition to
+Japan, and the proceedings and negotiations resulting in a treaty with
+the Government thereof," I transmit the inclosed report from the
+Secretary of the Navy, with the accompanying documents.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 1, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, with a view to ratification, a convention
+which was concluded between the United States and Mexico at the City
+of Mexico on the 8th day of January last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 4, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith, for its consideration, the
+accompanying papers from the Secretary of the Interior, on the subject
+of the proviso of the act of July 31, 1854, in relation to the removal
+of the California Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 4, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress the accompanying papers[38] from the Secretary
+of the Interior, and recommend that the appropriations therein asked for
+may be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 38: Relating to the expenses necessary to be incurred in
+colonizing the Texas Indians.]
+
+
+
+WASHINGTON, _February 5, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, articles of agreement and convention made and concluded at
+the city of Washington on the 31st day of January, 1855, by George W.
+Manypenny, as commissioner on the part of the United States, and the
+chiefs and delegates of the Wyandott tribe of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 6, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 11th ultimo, in
+relation to the case of Francis W. Rice,[39] late United States consul
+at Acapulco, I transmit a report from the Secretary of State, with the
+accompanying documents.
+
+FRANKLIN PIERCE.
+
+[Footnote 39: Arrested and imprisoned at Acapulco, Mexico.]
+
+
+
+WASHINGTON, _February 6, 1855_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[40] from the Secretary of State, in answer
+to the resolution of the House of Representatives of the 27th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 40: Stating that the information relative to the applicability
+to the Spanish colonies of the treaty of 1795 with Spain, and whether
+American citizens residing in said colonies are entitled to the benefits
+of its provisions, had been already transmitted.]
+
+
+
+WASHINGTON, _February 7, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its advice with regard to ratification,
+a convention for the mutual extradition of fugitives from justice in
+certain cases between the United States and His Majesty the King of
+Hanover, signed by the plenipotentiaries of the two Governments at
+London on the 18th of January last. An extract from a dispatch of Mr.
+Buchanan to the Secretary of State relative to the convention is also
+herewith communicated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 7, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a letter and accompanying papers from
+the Secretary of the Interior, of the 5th instant, on the subject of the
+colonization of the Indians in the State of California, and recommend
+that the appropriation therein asked for may be made.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 7, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress the accompanying letter from the Secretary of
+the Interior, with its inclosure, on the subject of a treaty between the
+United States and the Chippewa Indians of Lake Superior, and recommend
+that the appropriation therein asked for may be made.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 9, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a report from the Secretary of
+the Treasury, and also one from the Secretary of the Interior, with
+accompanying papers, containing information called for by the resolution
+adopted by the Senate on the 30th ultimo, respecting the advance of
+public moneys to the marshal of the United States for the western
+district of Arkansas.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 9, 1855_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate, for its constitutional action
+thereon, the articles of convention and agreement between the Choctaw
+and Chickasaw tribes of Indians made on the 4th day of November, 1854,
+at Doaksville, near Fort Towson, Choctaw Nation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 12, 1855_.
+
+_To the Senate of the United States_:
+
+The resolution of the Senate of the 11th of December last, requesting a
+copy of the official correspondence relative to the late difficulties
+between the consul of France at San Francisco and the authorities of the
+United States in California, has been under consideration, and it was
+hoped that the negotiations on the subject might have been brought to
+a close, so as to have obviated any objection to a compliance with the
+resolution at this session of Congress. Those negotiations, however, are
+still pending, but I entertain a confident expectation that the affair
+will be definitely and satisfactorily adjusted prior to the next
+session.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1855_.
+
+_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
+King of the Netherlands, upon the subject of the admission of the United
+States consuls into the ports of the Dutch colonies.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1855_.
+
+_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 King of the Kingdom of the Two Sicilies, relative to the rights of
+neutrals during war.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 17, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate herewith a letter[41] of the Secretary of the Interior and
+accompanying paper, for the consideration of Congress.
+
+FRANKLIN PIERCE.
+
+[Footnote 41: Recommending an appropriation to supply a deficit in the
+amount held on Indian account, caused by the failure of Selden, Withers
+& Co., with whom it was deposited.]
+
+
+
+WASHINGTON, _February 19, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate,
+a treaty made on the 15th day of November, 1854, by Joel Palmer,
+superintendent of Indian affairs, on the part of the United States, and
+the chiefs and headmen of the Rogue River Indians in Oregon Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 19, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty made by Isaac I. Stevens, governor and superintendent of Indian
+affairs in Washington Territory, on the part of the United States,
+and the chiefs, headmen, and delegates of the Nesqually, Puyallup,
+Steilacoom, Squawksin, S'Homamish, Ste'h-chass, F'peeksin, Squi-aitl,
+and Sa-heh-wamish tribes and bands of Indians occupying the lands lying
+around the head of Pugets Sound and the adjacent inlets in Washington
+Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 19, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, two
+treaties, one made on the 18th day of November, 1854, by Joel Palmer,
+superintendent of Indian affairs, on the part of the United States, and
+the chiefs and headmen of the Quil-si-eton and Na-hel-ta bands of the
+Chasta tribe of Indians, the Cow-non-ti-co, Sa-cher-i-ton, and Na-al-ye
+bands of Scotans, and the Grave Creek band of Umpqua Indians in Oregon
+Territory; the other, made on the 29th of November, 1854, by Joel
+Palmer, superintendent of Indian affairs, on the part of the United
+States, and the chiefs and headmen of the confederated bands of the
+Umpqua tribe of Indians and the Calaponas, residing in Umpqua Valley,
+Oregon Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 21, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress a communication of this date from the
+Secretary of the Interior, with the accompanying paper, and recommend
+that the appropriation[42] therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 42: For extending and improving the culvert running from the
+United States Capitol Grounds down the center of South Capitol street
+toward the canal.]
+
+
+
+WASHINGTON, _February 22, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 21st instant, I
+transmit a report from the Secretary of State, inclosing a copy of the
+letter[43] addressed to the Department of State on the 17th November,
+1852, by Mr. Joaquin J. de Osma, envoy extraordinary and minister
+plenipotentiary of the Republic of Peru.
+
+FRANKLIN PIERCE.
+
+[Footnote 43: Proposing a settlement of the Lobos Islands controversy.]
+
+
+
+WASHINGTON, _February 23, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying estimates, and recommend
+that the appropriation[44] therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 44: To fulfill treaty stipulations with the Wyandotte Indians.]
+
+
+
+WASHINGTON, _February 24, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 22d instant,
+I transmit a report from the Secretary of State, together with the copy
+of a communication from Francis W. Rice,[45] therein referred to.
+
+FRANKLIN PIERCE.
+
+[Footnote 45: Late United States consul at Acapulco, relative to outrages
+committed upon him by authorities of Mexico.]
+
+
+
+WASHINGTON, _February 26, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report of the Secretary of the Navy, in compliance
+with a resolution of the Senate of the 20th instant, requesting the
+President "to communicate to the Senate a copy of the order issued by
+the Navy Department to the officer in command of the Home Squadron in
+pursuance of which the United States sloop of war _Albany_ was ordered
+on her last cruise to Carthagena and Aspinwall, etc.; also of the orders
+given by such officer to Commander Gerry to proceed upon such cruise,
+and also of any reports or letters from the captain of the _Albany_ on
+the necessity of repairs to said vessel."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 27, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, and recommend that the appropriation[46]
+therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 46: For surveying public lands in the northern part of
+Minnesota Territory acquired from the Chippewa Indians.]
+
+
+
+WASHINGTON, _February 27, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate herewith, for the consideration of Congress, a letter of
+this date from the Secretary of the Interior, and accompanying paper,
+recommending certain appropriations[47] on account of the Indian service.
+
+FRANKLIN PIERCE.
+
+[Footnote 47: For running the boundary line between the Chickasaw and
+Choctaw nations of Indians and for negotiations with the Menominee
+Indians.]
+
+
+
+WASHINGTON, _February 27, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made in this city on the 22d instant between the
+United States and the Mississippi, the Pillager, and the Lake
+Winnibigoshish bands of Chippewa Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 28, 1855_.
+
+_To the Senate of the United States_:
+
+For eminent services in the late war with Mexico, I nominate
+Major-General Winfield Scott, of the Army of the United States, to be
+lieutenant-general by brevet in the same, to take rank as such from
+March 29, 1847, the day on which the United States forces under his
+command captured Vera Cruz and the castle of San Juan de Ulua.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 28, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded in this city on the 27th day of
+February, 1855, between George W. Manypenny, commissioner on the part of
+the United States, and the chiefs and delegates of the Winnebago tribe
+of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 1, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a copy of an act of the legislature
+of the State of Texas, approved the 11th of February, 1854, making
+partial provision for running and marking the boundary line between the
+said State and the territories of the United States from the point where
+the said line leaves the Red River to its intersection with the Rio
+Grande, and appropriating $10,000 toward carrying the same into effect,
+when the United States shall have made provision by the enactment of
+a law for the appointment of the necessary officers to join in the
+execution of said survey.
+
+It will be perceived from the accompanying papers that the early
+demarcation of said boundary line is urgently desired on the part of
+Texas, and, acquiescing in the importance thereof, I recommend that
+provision be made by law for the appointment of officers to act in
+conjunction with those to be appointed by the State of Texas, and that
+the sum of $10,000 at least be appropriated for the payment of their
+salaries and necessary incidental expenses.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 2, 1855_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the articles of a treaty negotiated on the 4th of January,
+1855, between Joel Palmer, superintendent of Indian affairs in Oregon,
+and the chiefs of certain confederated tribes of Indians residing in the
+Willamette Valley of Oregon.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE MANSION, _March 2, 1855_.
+
+_To the Senate of the United States_:
+
+I herewith submit a report of the Secretary of War, containing all the
+information that can now be furnished in reply to the resolution of the
+Senate of the 28th ultimo, requesting "a statement of the number of
+muskets, rifles, and other arms and equipments delivered to the State
+arsenals, respectively, the number remaining on hand, and the number
+sold and accounted for; also, the date and amount of such sales."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 2, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, with accompanying papers,[48] and recommend
+that the appropriations therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 48: Estimates of appropriations necessary for carrying out the
+bounty-land law.]
+
+
+
+WASHINGTON, _March 2, 1855_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress herewith a communication of this date from the
+Secretary of the Interior, with its inclosure,[49] and recommend that the
+appropriations therein asked for be made.
+
+FRANKLIN PIERCE.
+
+[Footnote 49: Additional estimate of appropriations necessary for pay of
+Indian agents.]
+
+
+
+WASHINGTON, _March 3, 1855_.
+
+_To the House of Representatives_:
+
+I transmit herewith to the House of Representatives a report from the
+Secretary of State, with accompanying documents,[50] in answer to their
+resolutions of the 30th of January and 23d February last.
+
+FRANKLIN PIERCE.
+
+[Footnote 50: Correspondence relative to the causes disturbing the
+friendly relations between Spain and the United States and instructions
+to United States diplomatic agents relative to the same; correspondence
+relative to Cuba, etc.]
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _February 17, 1855_.
+
+_To the House of Representatives_:
+
+I have received and carefully considered the bill entitled "An act
+to provide for the ascertainment of claims of American citizens for
+spoliations committed by the French prior to the 31st of July, 1801,"
+and in the discharge of a duty imperatively enjoined on me by the
+Constitution I return the same with my objections to the House of
+Representatives, in which it originated.
+
+In the organization of the Government of the United States the
+legislative and executive functions were separated and placed in
+distinct hands. Although the President is required from time to time
+to recommend to the consideration of Congress such measures as he shall
+judge necessary and expedient, his participation in the formal business
+of legislation is limited to the single duty, in a certain contingency,
+of demanding for a bill a particular form of vote prescribed by the
+Constitution before it can become a law. He is not invested with power
+to defeat legislation by an absolute veto, but only to restrain it, and
+is charged with the duty, in case he disapproves a measure, of invoking
+a second and a more deliberate and solemn consideration of it on the
+part of Congress. It is not incumbent on the President to sign a bill
+as a matter of course, and thus merely to authenticate the action of
+Congress, for he must exercise intelligent judgment or be faithless to
+the trust reposed in him. If he approve a bill, he shall sign it, but
+if not he shall return it with his objections to that House in which
+it shall have originated for such further action as the Constitution
+demands, which is its enactment, if at all, not by a bare numerical
+majority, as in the first instance, but by a constitutional majority
+of two-thirds of both Houses.
+
+While the Constitution thus confers on the legislative bodies the
+complete power of legislation in all cases, it proceeds, in the spirit
+of justice, to provide for the protection of the responsibility of the
+President. It does not compel him to affix the signature of approval to
+any bill unless it actually have his approbation; for while it requires
+him to sign if he approve, it, in my judgment, imposes upon him the duty
+of withholding his signature if he do not approve. In the execution of
+his official duty in this respect he is not to perform a mere mechanical
+part, but is to decide and act according to conscientious convictions of
+the rightfulness or wrongfulness of the proposed law. In a matter as to
+which he is doubtful in his own mind he may well defer to the majority
+of the two Houses. Individual members of the respective Houses, owing to
+the nature, variety, and amount of business pending, must necessarily
+rely for their guidance in many, perhaps most, cases, when the matters
+involved are not of popular interest, upon the investigation of
+appropriate committees, or, it may be, that of a single member, whose
+attention has been particularly directed to the subject. For similar
+reasons, but even to a greater extent, from the number and variety of
+subjects daily urged upon his attention, the President naturally relies
+much upon the investigation had and the results arrived at by the two
+Houses, and hence those results, in large classes of cases, constitute
+the basis upon which his approval rests. The President's responsibility
+is to the whole people of the United States, as that of a Senator is to
+the people of a particular State, that of a Representative to the people
+of a State or district; and it may be safely assumed that he will not
+resort to the clearly defined and limited power of arresting legislation
+and calling for reconsideration of any measure except in obedience
+to requirements of duty. When, however, he entertains a decisive and
+fixed conclusion, not merely of the unconstitutionality, but of the
+impropriety, or injustice in other respects, of any measure, if he
+declare that he approves it he is false to his oath, and he deliberately
+disregards his constitutional obligations.
+
+I cheerfully recognize the weight of authority which attaches to the
+action of a majority of the two Houses. But in this case, as in some
+others, the framers of our Constitution, for wise considerations of
+public good, provided that nothing less than a two-thirds vote of one
+or both of the Houses of Congress shall become effective to bind the
+coordinate departments of the Government, the people, and the several
+States. If there be anything of seeming invidiousness in the official
+right thus conferred on the President, it is in appearance only, for the
+same right of approving or disapproving a bill, according to each one's
+own judgment, is conferred on every member of the Senate and of the
+House of Representatives.
+
+It is apparent, therefore, that the circumstances must be extraordinary
+which would induce the President to withhold approval from a bill
+involving no violation of the Constitution. The amount of the claims
+proposed to be discharged by the bill before me, the nature of the
+transactions in which those claims are alleged to have originated,
+the length of time during which they have occupied the attention of
+Congress and the country, present such an exigency. Their history
+renders it impossible that a President who has participated to any
+considerable degree in public affairs could have failed to form
+respecting them a decided opinion upon what he would deem satisfactory
+grounds. Nevertheless, instead of resting on former opinions, it has
+seemed to me proper to review and more carefully examine the whole
+subject, so as satisfactorily to determine the nature and extent of my
+obligations in the premises.
+
+I feel called upon at the threshold to notice an assertion, often
+repeated, that the refusal of the United States to satisfy these claims
+in the manner provided by the present bill rests as a stain on the
+justice of our country. If it be so, the imputation on the public honor
+is aggravated by the consideration that the claims are coeval with the
+present century, and it has been a persistent wrong during that whole
+period of time. The allegation is that private property has been taken
+for public use without just compensation, in violation of express
+provision of the Constitution, and that reparation has been withheld
+and justice denied until the injured parties have for the most part
+descended to the grave. But it is not to be forgotten or overlooked that
+those who represented the people in different capacities at the time
+when the alleged obligations were incurred, and to whom the charge of
+injustice attaches in the first instance, have also passed away and
+borne with them the special information which controlled their decision
+and, it may be well presumed, constituted the justification of their
+acts.
+
+If, however, the charge in question be well founded, although its
+admission would inscribe on our history a page which we might desire
+most of all to obliterate, and although, if true, it must painfully
+disturb our confidence in the justice and the high sense of moral and
+political responsibility of those whose memories we have been taught
+to cherish with so much reverence and respect, still we have only one
+course of action left to us, and that is to make the most prompt and
+ample reparation in our power and consign the wrong as far as may be
+to forgetfulness.
+
+But no such heavy sentence of condemnation should be lightly passed upon
+the sagacious and patriotic men who participated in the transactions out
+of which these claims are supposed to have arisen, and who, from their
+ample means of knowledge of the general subject in its minute details
+and from their official position, are peculiarly responsible for
+whatever there is of wrong or injustice in the decisions of the
+Government.
+
+Their justification consists in that which constitutes the objection to
+the present bill, namely, the absence of any indebtedness on the part
+of the United States. The charge of denial of justice in this case, and
+consequent stain upon our national character, has not yet been indorsed
+by the American people. But if it were otherwise, this bill, so far from
+relieving the past, would only stamp on the present a more deep and
+indelible stigma. It admits the justice of the claims, concedes that
+payment has been wrongfully withheld for fifty years, and then proposes
+not to pay them, but to compound with the public creditors by providing
+that, whether the claims shall be presented or not, whether the sum
+appropriated shall pay much or little of what shall be found due, the
+law itself shall constitute a perpetual bar to all future demands. This
+is not, in my judgment, the way to atone for wrongs if they exist, nor
+to meet subsisting obligations.
+
+If new facts, not known or not accessible during the Administration of
+Mr. Jefferson, Mr. Madison, or Mr. Monroe, had since been brought to
+light, or new sources of information discovered, this would greatly
+relieve the subject of embarrassment. But nothing of this nature has
+occurred.
+
+That those eminent statesmen had the best means of arriving at a correct
+conclusion no one will deny. That they never recognized the alleged
+obligation on the part of the Government is shown by the history of
+their respective Administrations. Indeed, it stands not as a matter of
+controlling authority, but as a fact of history, that these claims have
+never since our existence as a nation been deemed by any President
+worthy of recommendation to Congress.
+
+Claims to payment can rest only on the plea of indebtedness on the part
+of the Government. This requires that it should be shown that the United
+States have incurred liability to the claimants, either by such acts as
+deprived them of their property or by having actually taken it for
+public use without making just compensation for it.
+
+The first branch of the proposition--that on which an equitable claim
+to be indemnified by the United States for losses sustained might
+rest--requires at least a cursory examination of the history of the
+transactions on which the claims depend. The first link which in the
+chain of events arrests attention is the treaties of alliance and of
+amity and commerce between the United States and France negotiated in
+1778. By those treaties peculiar privileges were secured to the armed
+vessels of each of the contracting parties in the ports of the other,
+the freedom of trade was greatly enlarged, and mutual obligations were
+incurred by each to guarantee to the other their territorial possessions
+in America.
+
+In 1792-93, when war broke out between France and Great Britain, the
+former claimed privileges in American ports which our Government did
+not admit as deducible from the treaties of 1778, and which it was held
+were in conflict with obligations to the other belligerent powers. The
+liberal principle of one of the treaties referred to--that free ships
+make free goods, and that subsistence and supplies were not contraband
+of war unless destined to a blockaded port--was found, in a commercial
+view, to operate disadvantageously to France as compared with her enemy,
+Great Britain, the latter asserting, under the law of nations, the right
+to capture as contraband supplies when bound for an enemy's port.
+
+Induced mainly, it is believed, by these considerations, the Government
+of France decreed on the 9th of May, 1793, the first year of the war,
+that "the French people are no longer permitted to fulfill toward the
+neutral powers in general the vows they have so often manifested, and
+which they constantly make for the full and entire liberty of commerce
+and navigation," and, as a counter measure to the course of Great
+Britain, authorized the seizure of neutral vessels bound to an enemy's
+port in like manner as that was done by her great maritime rival.
+This decree was made to act retrospectively, and to continue until the
+enemies of France should desist from depredations on the neutral vessels
+bound to the ports of France. Then followed the embargo, by which our
+vessels were detained in Bordeaux; the seizure of British goods on
+board of our ships, and of the property of American citizens under the
+pretense that it belonged to English subjects, and the imprisonment of
+American citizens captured on the high seas.
+
+Against these infractions of existing treaties and violations of our
+rights as a neutral power we complained and remonstrated. For the
+property of our injured citizens we demanded that due compensation
+should be made, and from 1793 to 1797 used every means, ordinary and
+extraordinary, to obtain redress by negotiation. In the last-mentioned
+year these efforts were met by a refusal to receive a minister sent
+by our Government with special instructions to represent the amicable
+disposition of the Government and people of the United States and their
+desire to remove jealousies and to restore confidence by showing that
+the complaints against them were groundless. Failing in this, another
+attempt to adjust all differences between the two Republics was made in
+the form of an extraordinary mission, composed of three distinguished
+citizens, but the refusal to receive was offensively repeated, and thus
+terminated this last effort to preserve peace and restore kind relations
+with our early friend and ally, to whom a debt of gratitude was due
+which the American people have never been willing to depreciate or to
+forget. Years of negotiation had not only failed to secure indemnity
+for our citizens and exemption from further depredation, but these
+long-continued efforts had brought upon the Government the suspension
+of diplomatic intercourse with France and such indignities as to induce
+President Adams, in his message of May 16, 1797, to Congress, convened
+in special session, to present it as the particular matter for their
+consideration and to speak of it in terms of the highest indignation.
+Thenceforward the action of our Government assumed a character which
+clearly indicates that hope was no longer entertained from the amicable
+feeling or justice of the Government of France, and hence the subsequent
+measures were those of force.
+
+On the 28th of May, 1798, an act was passed for the employment of the
+Navy of the United States against "armed vessels of the Republic of
+France," and authorized their capture if "found hovering on the coast
+of the United States for the purpose of committing depredations on the
+vessels belonging to the citizens thereof;" on the 18th of June, 1798,
+an act was passed prohibiting commercial intercourse with France under
+the penalty of the forfeiture of the vessels so employed; on the 25th
+of June, the same year, an act to arm the merchant marine to oppose
+searches, capture aggressors, and recapture American vessels taken by
+the French; on the 28th of June, same year, an act for the condemnation
+and sale of French vessels captured by authority of the act of 28th of
+May preceding; on the 27th of July, same year, an act abrogating the
+treaties and the convention which had been concluded between the United
+States and France, and declaring "that the same shall not henceforth
+be regarded as legally obligatory on the Government or citizens of the
+United States;" on the 9th of the same month an act was passed which
+enlarged the limits of the hostilities then existing by authorizing our
+public vessels to capture armed vessels of France wherever found upon
+the high seas, and conferred power on the President to issue commissions
+to private armed vessels to engage in like service.
+
+These acts, though short of a declaration of war, which would put ail
+the citizens of each country in hostility with those of the other, were,
+nevertheless, actual war, partial in its application, maritime in its
+character, but which required the expenditure of much of our public
+treasure and much of the blood of our patriotic citizens, who, in
+vessels but little suited to the purposes of war, went forth to battle
+on the high seas for the rights and security of their fellow-citizens
+and to repel indignities offered to the national honor.
+
+It is not, then, because of any failure to use all available means,
+diplomatic and military, to obtain reparation that liability for private
+claims can have been incurred by the United States, and if there is any
+pretense for such liability it must flow from the action, not from the
+neglect, of the United States. The first complaint on the part of France
+was against the proclamation of President Washington of April 22, 1793.
+At that early period in the war which involved Austria, Prussia,
+Sardinia, the United Netherlands, and Great Britain on the one part and
+France on the other, the great and wise man who was the Chief Executive,
+as he was and had been the guardian of our then infant Republic,
+proclaimed that "the duty and interest of the United States require that
+they should with sincerity and good faith adopt and pursue a conduct
+friendly and impartial toward the belligerent powers." This attitude of
+neutrality, it was pretended, was in disregard of the obligations of
+alliance between the United States and France. And this, together with
+the often-renewed complaint that the stipulations of the treaties of
+1778 had not been observed and executed by the United States, formed the
+pretext for the series of outrages upon our Government and its citizens
+which finally drove us to seek redress and safety by an appeal to force.
+The treaties of 1778, so long the subject of French complaints, are now
+understood to be the foundation upon which are laid these claims of
+indemnity from the United States for spoliations committed by the French
+prior to 1800. The act of our Government which abrogated not only the
+treaties of 1778, but also the subsequent consular convention of 1788,
+has already been referred to, and it may be well here to inquire what
+the course of France was in relation thereto. By the decrees of 9th of
+May, 1793, 7th of July, 1796, and 2d of March, 1797, the stipulations
+which were then and subsequently most important to the United States
+were rendered wholly inoperative. The highly injurious effects which
+these decrees are known to have produced show how vital were the
+provisions of treaty which they violated, and make manifest the
+incontrovertible right of the United States to declare, as the
+consequence of these acts of the other contracting party, the treaties
+at an end.
+
+The next step in this inquiry is whether the act declaring the treaties
+null and void was ever repealed, or whether by any other means the
+treaties were ever revived so as to be either the subject or the source
+of national obligation. The war which has been described was terminated
+by the treaty of Paris of 1800, and to that instrument it is necessary
+to turn to find how much of preexisting obligations between the two
+Governments outlived the hostilities in which they had been engaged.
+By the second article of the treaty of 1800 it was declared that the
+ministers plenipotentiary of the two parties not being able to agree
+respecting the treaties of alliance, amity, and commerce of 1778 and the
+convention of 1788, nor upon the indemnities mutually due or claimed,
+the parties will negotiate further on these subjects at a convenient
+time; and until they shall have agreed upon these points the said
+treaties and convention shall have no operation.
+
+When the treaty was submitted to the Senate of the United States, the
+second article was disagreed to and the treaty amended by striking it
+out and inserting a provision that the convention then made should
+continue in force eight years from the date of ratification, which
+convention, thus amended, was accepted by the First Consul of France,
+with the addition of a note explanatory of his construction of the
+convention, to the effect that by the retrenchment of the second article
+the two States renounce the respective pretensions which were the object
+of the said article.
+
+It will be perceived by the language of the second article, as
+originally framed by the negotiators, that they had found themselves
+unable to adjust the controversies on which years of diplomacy and of
+hostilities had been expended, and that they were at last compelled to
+postpone the discussion of those questions to that most indefinite
+period, a "convenient time." All, then, of these subjects which was
+revived by the convention was the right to renew, when it should be
+convenient to the parties, a discussion which had already exhausted
+negotiation, involved the two countries in a maritime war, and on which
+the parties had approached no nearer to concurrence than they were when
+the controversy began.
+
+The obligations of the treaties of 1778 and the convention of 1788 were
+mutual, and estimated to be equal. But however onerous they may have
+been to the United States, they had been abrogated, and were not revived
+by the convention of 1800, but expressly spoken of as suspended until an
+event which could only occur by the pleasure of the United States. It
+seems clear, then, that the United States were relieved of no obligation
+to France by the retrenchment of the second article of the convention,
+and if thereby France was relieved of any valid claims against her the
+United States received no consideration in return, and that if private
+property was taken by the United States from their own citizens it was
+not for public use. But it is here proper to inquire whether the United
+States did relieve France from valid claims against her on the part of
+citizens of the United States, and did thus deprive them of their
+property.
+
+The complaints and counter complaints of the two Governments had been
+that treaties were violated and that both public and individual rights
+and interests had been sacrificed. The correspondence of our ministers
+engaged in negotiations, both before and after the convention of 1800,
+sufficiently proves how hopeless was the effort to obtain full indemnity
+from France for injuries inflicted on our commerce from 1793 to 1800,
+unless it should be by an account in which the rival pretensions of the
+two Governments should each be acknowledged and the balance struck
+between them.
+
+It is supposable, and may be inferred from the contemporaneous history
+as probable, that had the United States agreed in 1800 to revive the
+treaties of 1778 and 1788 with the construction which France had placed
+upon them, that the latter Government would, on the other hand, have
+agreed to make indemnity for those spoliations which were committed
+under the pretext that the United States were faithless to the
+obligations of the alliance between the two countries.
+
+Hence the conclusion that the United States did not sacrifice private
+rights or property to get rid of public obligations, but only refused to
+reassume public obligations for the purpose of obtaining the recognition
+of the claims of American citizens on the part of France.
+
+All those claims which the French Government was willing to admit were
+carefully provided for elsewhere in the convention, and the declaration
+of the First Consul, which was appended in his additional note, had no
+other application than to the claims which had been mutually made by the
+Governments, but on which they had never approximated to an adjustment.
+In confirmation of the fact that our Government did not intend to cease
+from the prosecution of the just claims of our citizens against France,
+reference is here made to the annual message of President Jefferson of
+December 8, 1801, which opens with expressions of his gratification at
+the restoration of peace among sister nations; and, after speaking of
+the assurances received from all nations with whom we had principal
+relations and of the confidence thus inspired that our peace with them
+would not have been disturbed if they had continued at war with each
+other, he proceeds to say:
+
+
+ But a cessation of irregularities which had affected the commerce of
+ neutral nations, and of the irritations and injuries produced by them,
+ can not but add to this confidence, and strengthens at the same time the
+ hope that wrongs committed on unoffending friends under a pressure of
+ circumstances will now be reviewed with candor, and will be considered
+ as founding just claims of retribution for the past and new assurance
+ for the future.
+
+
+The zeal and diligence with which the claims of our citizens against
+France were prosecuted appear in the diplomatic correspondence of the
+three years next succeeding the convention of 1800, and the effect of
+these efforts is made manifest in the convention of 1803, in which
+provision was made for payment of a class of cases the consideration of
+which France had at all previous periods refused to entertain, and which
+are of that very class which it has been often assumed were released by
+striking out the second article of the convention of 1800. This is shown
+by reference to the preamble and to the fourth and fifth articles of the
+convention of 1803, by which were admitted among the debts due by France
+to citizens of the United States the amounts chargeable for "prizes made
+at sea in which the appeal has been properly lodged within the time
+mentioned in the said convention of the 30th of September, 1800;" and
+this class was further defined to be only "captures of which the council
+of prizes shall have ordered restitution, it being well understood that
+the claimant can not have recourse to the United States otherwise than
+he might have had to the French Republic, and only in case of the
+insufficiency of the captors."
+
+If, as was affirmed on all hands, the convention of 1803 was intended
+to close all questions between the Governments of France and the United
+States, and 20,000,000 francs were set apart as a sum which might
+exceed, but could not fall short of, the debts due by France to the
+citizens of the United States, how are we to reconcile the claim now
+presented with the estimates made by those who were of the time and
+immediately connected with the events, and whose intelligence and
+integrity have in no small degree contributed to the character and
+prosperity of the country in which we live? Is it rational to assume
+that the claimants who now present themselves for indemnity by the
+United States represent debts which would have been admitted and paid by
+France but for the intervention of the United States? And is it possible
+to escape from the effect of the voluminous evidence tending to
+establish the fact that France resisted all these claims; that it was
+only after long and skillful negotiation that the agents of the United
+States obtained the recognition of such of the claims as were provided
+for in the conventions of 1800 and 1803? And is it not conclusive
+against any pretensions of possible success on the part of the
+claimants, if left unaided to make their applications to France, that
+the only debts due to American citizens which have been paid by France
+are those which were assumed by the United States as part of the
+consideration in the purchase of Louisiana?
+
+There is little which is creditable either to the judgment or patriotism
+of those of our fellow-citizens who at this day arraign the justice,
+the fidelity, or love of country of the men who founded the Republic in
+representing them as having bartered away the property of individuals to
+escape from public obligations, and then to have withheld from them just
+compensation. It has been gratifying to me in tracing the history of
+these claims to find that ample evidence exists to refute an accusation
+which would impeach the purity, the justice, and the magnanimity of the
+illustrious men who guided and controlled the early destinies of the
+Republic.
+
+I pass from this review of the history of the subject, and, omitting
+many substantial objections to these claims, proceed to examine somewhat
+more closely the only grounds upon which they can by possibility be
+maintained.
+
+Before entering on this it may be proper to state distinctly certain
+propositions which it is admitted on all hands are essential to prove
+the obligations of the Government.
+
+First. That at the date of the treaty of September 30, 1800, these
+claims were valid and subsisting as against France.
+
+Second. That they were released or extinguished by the United States in
+that treaty and by the manner of its ratification.
+
+Third. That they were so released or extinguished for a consideration
+valuable to the Government, but in which the claimants had no more
+interest than any other citizens.
+
+The convention between the French Republic and the United States of
+America signed at Paris on the 30th day of September, 1800, purports
+in the preamble to be founded on the equal desire of the First Consul
+(Napoleon Bonaparte) and the President of the United States to terminate
+the differences which have arisen between the two States. It declares,
+in the first place, that there shall be firm, inviolable, and universal
+peace and a true and sincere friendship between the French Republic and
+the United States. Next it proceeds, in the second, third, fourth, and
+fifth articles, to make provision in sundry respects, having reference
+to past differences and the transition from the state of war between the
+two countries to that of general and permanent peace. Finally, in the
+residue of the twenty-seventh article, it stipulates anew the conditions
+of amity and intercourse, commercial and political, thereafter to exist,
+and, of course, to be substituted in place of the previous conditions of
+the treaties of alliance and of commerce and the consular convention,
+which are thus tacitly but unequivocally recognized as no longer in
+force, but in effect abrogated, either by the state of war or by the
+political action of the two Republics.
+
+Except in so far as the whole convention goes to establish the fact that
+the previous treaties were admitted on both sides to be at an end, none
+of the articles are directly material to the present question save the
+following:
+
+
+ ART. II. The ministers plenipotentiary of the two parties not being able
+ to agree at present respecting the treaty of alliance of 6th February,
+ 1778, the treaty of amity and commerce of the same date, and the
+ convention of 14th of November, 1788, nor upon the indemnities mutually
+ due or claimed, the parties will negotiate further on these subjects at
+ a convenient time; and until they may have agreed upon these points the
+ said treaties and convention shall have no operation, and the relations
+ of the two countries shall be regulated as follows:
+
+ * * * * *
+
+ ART. V. The debts contracted by one of the two nations with individuals
+ of the other, or by the individuals of one with the individuals of the
+ other, shall be paid, or the payment may be prosecuted, in the same
+ manner as if there had been no misunderstanding between the two States.
+ But this clause shall not extend to indemnities claimed on account of
+ captures or confiscations.
+
+
+On this convention being submitted to the Senate of the United States,
+they consented and advised to its ratification with the following
+proviso:
+
+
+ _Provided_, That the second article be expunged, and that the following
+ article be added or inserted: It is agreed that the present convention
+ shall be in force for the term of eight years from the time of the
+ exchange of ratifications.
+
+
+The spirit and purpose of this change are apparent and unmistakable.
+The convention as signed by the respective plenipotentiaries did not
+adjust all the points of controversy. Both nations, however, desired the
+restoration of peace. Accordingly, as to those matters in the relations
+of the two countries concerning which they could agree, they did agree
+for the time being; and as to the rest, concerning which they could not
+agree, they suspended and postponed further negotiation.
+
+They abandoned no pretensions, they relinquished no right on either
+side, but simply adjourned the question until "a convenient time."
+Meanwhile, and until the arrival of such convenient time, the relations
+of the two countries were to be regulated by the stipulations of the
+convention.
+
+Of course the convention was on its face a temporary and provisional
+one, but in the worst possible form of prospective termination. It was
+to cease at a convenient time. But how should that convenient time be
+ascertained? It is plain that such a stipulation, while professedly not
+disposing of the present controversy, had within itself the germ of a
+fresh one, for the two Governments might at any moment fall into dispute
+on the question whether that convenient time had or had not arrived.
+The Senate of the United States anticipated and prevented this question
+by the only possible expedient; that is, the designation of a precise
+date. This being done, the remaining parts of the second article became
+superfluous and useless, for as all the provisions of the convention
+would expire in eight years, it would necessarily follow that
+negotiations must be renewed within that period, more especially as the
+operation of the amendment which covered the whole convention was that
+even the stipulation of peace in the first article became temporary and
+expired in eight years, whereas that article, and that article alone,
+was permanent according to the original tenor of the convention.
+
+The convention thus amended, being submitted to the First Consul, was
+ratified by him, his act of acceptance being accompanied with the
+following declaratory note:
+
+
+ The Government of the United States having added in its ratification
+ that the convention should be in force for the space of eight years, and
+ having omitted the second article, the Government of the French Republic
+ consents to accept, ratify, and confirm the above convention with the
+ addition importing that the convention shall be in force for the space
+ of eight years and with the retrenchment of the second article:
+ _Provided_, That by this retrenchment the two States renounce the
+ respective pretensions which are the object of the said article.
+
+
+The convention, as thus ratified by the First Consul, having been again
+submitted to the Senate of the United States, that body resolved that
+"they considered the convention as fully ratified," and returned the
+same to the President for promulgation, and it was accordingly
+promulgated in the usual form by President Jefferson.
+
+Now it is clear that in simply resolving that "they considered the
+convention as fully ratified" the Senate did in fact abstain from any
+express declaration of dissent or assent to the construction put by the
+First Consul on the retrenchment of the second article. If any inference
+beyond this can be drawn from their resolution, it is that they regarded
+the proviso annexed by the First Consul to his declaration of acceptance
+as foreign to the subject, as nugatory, or as without consequence or
+effect. Notwithstanding this proviso, they considered the ratification
+as full. If the new proviso made any change in the previous import of
+the convention, then it was not full; and in considering it a full
+ratification they in substance deny that the proviso did in any respect
+change the tenor of the convention.
+
+By the second article, as it originally stood, neither Republic had
+relinquished its existing rights or pretensions, either as to other
+previous treaties or the indemnities mutually due or claimed, but
+only deferred the consideration of them to a convenient time. By the
+amendment of the Senate of the United States that convenient time,
+instead of being left indefinite, was fixed at eight years; but no
+right or pretension of either party was surrendered or abandoned.
+
+If the Senate erred in assuming that the proviso added by the First
+Consul did not affect the question, then the transaction would amount
+to nothing more than to have raised a new question, to be disposed of
+on resuming the negotiations, namely, the question whether the proviso
+of the First Consul did or not modify or impair the effect of the
+convention as it had been ratified by the Senate.
+
+That such, and such only, was the true meaning and effect of the
+transaction; that it was not, and was not intended to be, a
+relinquishment by the United States of any existing claim on France, and
+especially that it was not an abandonment of any claims of individual
+citizens, nor the set off of these against any conceded national
+obligations to France, is shown by the fact that President Jefferson did
+at once resume and prosecute to successful conclusion negotiations to
+obtain from France indemnification for the claims of citizens of the
+United States existing at the date of that convention; for on the 30th
+of April, 1803, three treaties were concluded at Paris between the
+United States of America and the French Republic, one of which embraced
+the cession of Louisiana; another stipulated for the payment of
+60,000,000 francs by the United States to France; and a third provided
+that, for the satisfaction of sums due by France to citizens of the
+United States at the conclusion of the convention of September 30, 1800,
+and in express compliance with the second and fifth articles thereof,
+a further sum of 20,000,000 francs should be appropriated and paid by
+the United States. In the preamble to the first of these treaties, which
+ceded Louisiana, it is set forth that--
+
+
+ The President of the United States of America and the First Consul of
+ the French Republic, in the name of the French people, desiring to
+ remove all source of misunderstanding relative to objects of discussion
+ mentioned in the second and fifth articles of the convention of the 8th
+ Vendemiaire, an 9 (30th September, 1800), relative to the rights claimed
+ by the United States in virtue of the treaty concluded at Madrid the
+ 27th of October, 1795, between His Catholic Majesty and the said United
+ States, and willing to strengthen the union and friendship which at the
+ time of the said convention was happily reestablished between the two
+ nations, have respectively named their plenipotentiaries, ... who ...
+ have agreed to the following articles.
+
+
+Here is the most distinct and categorical declaration of the two
+Governments that the matters of claim in the second article of the
+convention of 1800 had not been ceded away, relinquished, or set off,
+but they were still subsisting subjects of demand against France. The
+same declaration appears in equally emphatic language in the third of
+these treaties, bearing the same date, the preamble of which recites
+that--
+
+
+ The President of the United States of America and the First Consul of
+ the French Republic, in the name of the French people, having by a
+ treaty of this date terminated all difficulties relative to Louisiana
+ and established on a solid foundation the friendship which unites the
+ two nations, and being desirous, in compliance with the second and fifth
+ articles of the convention of the 8th Vendemiaire, ninth year of the
+ French Republic (30th September, 1800), to secure the payment of the
+ sums due by France to the citizens of the United States, have appointed
+ plenipotentiaries--
+
+
+who agreed to the following among other articles:
+
+
+ ART. I. The debts due by France to citizens of the United States,
+ contracted before the 8th of Vendemiaire, ninth year of the French
+ Republic (30th September, 1800), shall be paid according to the
+ following regulations, with interest at 6 per cent, to commence from
+ the periods when the accounts and vouchers were presented to the
+ French Government.
+
+ ART. II. The debts provided for by the preceding article are those whose
+ result is comprised in the conjectural note annexed to the present
+ convention, and which, with the interest, can not exceed the sum of
+ 20,000,000 francs. The claims comprised in the said note which fall
+ within the exceptions of the following articles shall not be admitted
+ to the benefit of this provision.
+
+ * * * * *
+
+ ART. IV. It is expressly agreed that the preceding articles shall
+ comprehend no debts but such as are due to citizens of the United States
+ who have been and are yet creditors of France for supplies, for
+ embargoes, and prizes made at sea in which the appeal has been properly
+ lodged within the time mentioned in the said convention, 8th
+ Vendemiaire, ninth year (30th September, 1800).
+
+ ART. V. The preceding articles shall apply only, first, to captures of
+ which the council of prizes shall have ordered restitution, it being
+ well understood that the claimant can not have recourse to the United
+ States otherwise than he might have had to the Government of the French
+ Republic, and only in case of insufficiency of the captors; second, the
+ debts mentioned in the said fifth article of the convention, contracted
+ before the 8th Vendemiaire, an 9 (30th September, 1800), the payment of
+ which has been heretofore claimed of the actual Government of France
+ and for which the creditors have a right to the protection of the
+ United States; the said fifth article does not comprehend prizes whose
+ condemnation has been or shall be confirmed. It is the express intention
+ of the contracting parties not to extend the benefit of the present
+ convention to reclamations of American citizens who shall have
+ established houses of commerce in France, England, or other countries
+ than the United States, in partnership with foreigners, and who by
+ that reason and the nature of their commerce ought to be regarded as
+ domiciliated in the places where such houses exist. All agreements and
+ bargains concerning merchandise which shall not be the property of
+ American citizens are equally excepted from the benefit of the said
+ convention, saving, however, to such persons their claims in like manner
+ as if this treaty had not been made.
+
+ * * * * *
+
+ ART. XII. In case of claims for debts contracted by the Government of
+ France with citizens of the United States since the 8th Vendemiaire,
+ ninth year (30th September, 1800), not being comprised in this
+ convention, may be pursued, and the payment demanded in the same manner
+ as if it had not been made.
+
+
+Other articles of the treaty provide for the appointment of agents to
+liquidate the claims intended to be secured, and for the payment of them
+as allowed at the Treasury of the United States. The following is the
+concluding clause of the tenth article:
+
+
+ The rejection of any claim shall have no other effect than to exempt
+ the United States from the payment of it, the French Government
+ reserving to itself the right to decide definitively on such claim so
+ far as it concerns itself.
+
+
+Now, from the provisions of the treaties thus collated the following
+deductions undeniably follow, namely:
+
+First. Neither the second article of the convention of 1800, as it
+originally stood, nor the retrenchment of that article, nor the proviso
+in the ratification by the First Consul, nor the action of the Senate of
+the United States thereon, was regarded by either France or the United
+States as the renouncement of any claims of American citizens against
+France.
+
+Second. On the contrary, in the treaties of 1803 the two Governments
+took up the question precisely where it was left on the day of the
+signature of that of 1800, without suggestion on the part of France that
+the claims of our citizens were excluded by the retrenchment of the
+second article or the note of the First Consul, and proceeded to make
+ample provision for such as France could be induced to admit were justly
+due, and they were accordingly discharged in full, with interest, by the
+United States in the stead and behalf of France.
+
+Third. The United States, not having admitted in the convention of
+1800 that they were under any obligations to France by reason of the
+abrogation of the treaties of 1778 and 1788, persevered in this view of
+the question by the tenor of the treaties of 1803, and therefore had no
+such national obligation to discharge, and did not, either in purpose
+or in fact, at any time undertake to discharge themselves from any such
+obligation at the expense and with the property of individual citizens
+of the United States.
+
+Fourth. By the treaties of 1803 the United States obtained from France
+the acknowledgment and payment, as part of the indemnity for the cession
+of Louisiana, of claims of citizens of the United States for spoliations,
+so far as France would admit her liability in the premises; but even then
+the United States did not relinquish any claim of American citizens not
+provided for by those treaties; so far from it, to the honor of France be
+it remembered, she expressly reserved to herself the right to reconsider
+any rejected claims of citizens of the United States.
+
+Fifth. As to claims of citizens of the United States against France,
+which had been the subject of controversy between the two countries
+prior to the signature of the convention of 1800, and the further
+consideration of which was reserved for a more convenient time by the
+second article of that convention, for these claims, and these only,
+provision was made in the treaties of 1803, all other claims being
+expressly excluded by them from their scope and purview.
+
+It is not to be overlooked, though not necessary to the conclusion,
+that by the convention between France and the United States of the
+4th of July, 1831, complete provision was made for the liquidation,
+discharge, and payment on both sides of all claims of citizens of either
+against the other for unlawful seizures, captures, sequestrations, or
+destructions of the vessels, cargoes, or other property, without any
+limitation of time, so as in terms to run back to the date of the
+last preceding settlement, at least to that of 1803, if not to the
+commencement of our national relations with France.
+
+This review of the successive treaties between France and the United
+States has brought my mind to the undoubting conviction that while
+the United States have in the most ample and the completest manner
+discharged their duty toward such of their citizens as may have been at
+any time aggrieved by acts of the French Government, so also France has
+honorably discharged herself of all obligations in the premises toward
+the United States. To concede what this bill assumes would be to impute
+undeserved reproach both to France and to the United States.
+
+I am, of course, aware that the bill proposes only to provide
+indemnification for such valid claims of citizens of the United States
+against France as shall not have been stipulated for and embraced in
+any of the treaties enumerated. But in excluding all such claims it
+excludes all, in fact, for which, during the negotiations, France could
+be persuaded to agree that she was in any wise liable to the United
+States or our citizens. What remains? And for what is five millions
+appropriated? In view of what has been said there would seem to be no
+ground on which to raise a liability of the United States, unless it be
+the assumption that the United States are to be considered the insurer
+and the guarantor of all claims, of whatever nature, which any
+individual citizen may have against a foreign nation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 3_, [_1855_.]
+
+_To the House of Representatives_:
+
+I return herewith to the House of Representatives, in which it
+originated, the bill entitled "An act making appropriations for
+the transportation of the United States mail, by ocean steamers and
+otherwise, during the fiscal years ending the 30th of June, 1855, and
+the 30th of June, 1856," with a brief statement of the reasons which
+prevent its receiving my approval. The bill provides, among other
+things, that--
+
+
+ The following sums be, and the same are hereby, appropriated, to be
+ paid out of any money in the Treasury not otherwise appropriated, for
+ the year ending the 30th of June, 1856:
+
+ For transportation of the mails from New York to Liverpool and back,
+ $858,000; and that the proviso contained in the first section of the
+ act entitled "An act to supply deficiencies in the appropriations for
+ the service of the fiscal year ending the 30th of June, 1852," approved
+ the 21st of July, 1852, be, and the same is hereby, repealed:
+ _Provided_, That Edward K. Collins and his associates shall proceed
+ with all due diligence to build another steamship, in accordance with
+ the terms of their contract, and have the same ready for the mail
+ service in two years from and after the passage of this act; and if the
+ said steamship is not ready within the time above mentioned, by reason
+ of any neglect or want of diligence on their part, then the said Edward
+ K. Collins and his associates shall carry the United States mails
+ between New York and Liverpool from the expiration of the said two
+ years, every fortnight, free of any charge to the Government, until the
+ new steamship shall have commenced the said mail service.
+
+
+The original contract was predicated upon the proposition of E.K.
+Collins of March 6, 1846, made with abundant means of knowledge as to
+the advantages and disadvantages of the terms which he then submitted
+for the acceptance of the Government. The proposition was in the
+following terms:
+
+
+ WASHINGTON, _March 6, 1846_.
+
+ E.K. Collins and his associates propose to carry the United States mail
+ between New York and Liverpool twice each month during eight months of
+ the year and once a month during the other four months for the sum of
+ $385,000 per annum, payable quarterly. For this purpose they will agree
+ to build five steamships of not less than 2,000 tons measurement and of
+ 1,000 horsepower each, which vessels shall be built for great speed and
+ sufficiently strong for war purposes.
+
+ Four of said vessels to be ready for service in eighteen months from
+ the signing of the contract. The fifth vessel to be built as early as
+ possibly practicable, and when not employed in the mail service to be
+ subject to the orders of the Government for carrying dispatches, for
+ which service a fair compensation is to be paid. Contract to be for
+ the term of ten years. It is also proposed to secure to the United
+ States the privilege of purchasing said steamships whenever they
+ may be required for public purposes, at a fair valuation, to be
+ ascertained by appraisers appointed by the United States and by the
+ owners.
+
+ EDWARD K. COLLINS.
+
+
+The act of March 3, 1847, provides--
+
+
+ That from and immediately after the passage of this act it shall
+ be the duty of the Secretary of the Navy to accept, on the part of
+ the Government of the United States, the proposals of E.K. Collins
+ and his associates, of the city of New York, submitted to the
+ Postmaster-General, and dated at Washington, March 6, 1846, for
+ the transportation of the United States mail between New York and
+ Liverpool, and to contract with the said E.K. Collins and his
+ associates for the faithful fulfillment of the stipulations therein
+ contained, and in accordance with the provisions of this act.
+
+
+And under this proposition and enactment the original contract was
+made.
+
+According to the terms of that contract the parties were to receive from
+the United States for twenty round trips each year the sum of $19,250
+the trip, or $385,000 per annum; and they were to construct and provide
+five ships of a stipulated size and quality for the performance of this
+or other service for the Government.
+
+Of the ships contracted for, only four have been furnished--the
+_Atlantic, Pacific, Arctic_, and _Baltic_--and the present bill proposes
+to dispense entirely with the original condition of a fifth ship, by
+only requiring the construction of one, which would but supply the
+place of the _Arctic_, recently lost by peril of the sea. Certain minor
+conditions involving expense to the contractors, among which was one
+for the accommodation and subsistence of a certain number of passed
+midshipmen on each vessel, had previously been dispensed with on the
+part of the United States.
+
+By act of Congress of July 21, 1852, the amount of compensation to
+the contractors was increased from $19,250 to $33,000 a trip and the
+number of trips from twenty to twenty-six each year, making the whole
+compensation $858,000 per annum. During the period of time from the
+commencement of the service of these contractors, on the 27th of April,
+1850, to the end of the last fiscal year, June 30, 1854, the sum paid
+to them by the United States amounted to $2,620,906, without reckoning
+public money advanced on loan to aid them in the construction of the
+ships; while the whole amount of postages derived to the Department has
+been only $734,056, showing an excess of expenditure above receipts of
+$1,886,440 to the charge of the Government. In the meantime, in addition
+to the payments from the Treasury, the parties have been in the
+enjoyment of large receipts from the transportation of passengers and
+merchandise, the profits of which are in addition to the amount allowed
+by the United States.
+
+It does not appear that the liberal conditions heretofore enjoyed by
+the parties were less than a proper compensation for the service to be
+performed, including whatever there may have been of hazard in a new
+undertaking, nor that any hardship can be justly alleged calling for
+relief on the part of the Government.
+
+On the other hand, the construction of five ships of great speed,
+and sufficiently strong for war purposes, and the services of passed
+midshipmen on board of them, so as thus to augment the contingent force
+and the actual efficiency of the Navy, were among the inducements of the
+Government to enter into the contract.
+
+The act of July 21, 1852, provides "that it shall be in the power of
+Congress at any time after the 31st day of December, 1854, to terminate
+the arrangement for the additional allowance herein provided for upon
+giving six months' notice;" and it will be seen that, with the exception
+of the six additional trips required by the act of July 21, 1852, there
+has been no departure from the original engagement but to relieve
+the contractors from obligation, and yet by the act last named the
+compensation was increased from $385,000 to $858,000, with no other
+protection to the public interests provided than the right which
+Congress reserved to itself to terminate the contract, so far as this
+increased compensation was concerned, after six months' notice. This
+last provision, certainly a primary consideration for the more generous
+action of the Government, the present bill proposes to repeal, so as to
+leave Congress no power to terminate the new arrangement.
+
+To this repeal the objections are, in my mind, insuperable, because in
+terms it deprives the United States of all future discretion as to the
+increased service and compensation, whatever changes may occur in the
+art of navigation, its expenses, or the policy and political condition
+of the country. The gravity of this objection is enhanced by other
+considerations. While the contractors are to be paid a compensation
+nearly double the rate of the original contract, they are exempted from
+several of its conditions, which has the effect of adding still more to
+that rate; while the further advantage is conceded to them of placing
+their new privileges beyond the control even of Congress.
+
+It will be regarded as a less serious objection than that already
+stated, but one which should not be overlooked, that the privileges
+bestowed upon the contractors are without corresponding advantages to
+the Government, which receives no sufficient pecuniary or other return
+for the immense outlay involved, which could obtain the same service of
+other parties at less cost, and which, if the bill becomes a law, will
+pay them a large amount of public money without adequate consideration;
+that is, will in effect confer a gratuity whilst nominally making
+provision for the transportation of the mails of the United States.
+
+To provide for making a donation of such magnitude and to give to the
+arrangement the character of permanence which this bill proposes would
+be to deprive commercial enterprise of the benefits of free competition
+and to establish a monopoly in violation of the soundest principles of
+public policy and of doubtful compatibility with the Constitution.
+
+I am, of course, not unmindful of the fact that the bill comprises
+various other appropriations which are more or less important to the
+public interests, for which reason my objections to it are communicated
+at the first meeting of the House following its presentation to me, in
+the hope that by amendment to bills now pending or otherwise suitable
+provision for all the objects in question may be made before the
+adjournment of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of the Congress of the United States approved the
+5th day of August, 1854, entitled "An act to carry into effect a
+treaty between the United States and Great Britain signed on the 5th
+day of June, 1854," it is provided that whenever the President of the
+United States shall receive satisfactory evidence that the Imperial
+Parliament of Great Britain and the Provincial Parliaments of Canada,
+New Brunswick, Nova Scotia, and Prince Edwards Island have passed laws
+on their part to give full effect to the provisions of the said treaty,
+he is authorized to issue his proclamation declaring that he has such
+evidence; and
+
+Whereas satisfactory information has been received by me that the
+Imperial Parliament of Great Britain and the Provincial Parliaments
+of Canada, New Brunswick, Nova Scotia, and Prince Edwards Island have
+passed laws on their part to give full effect to the provisions of the
+treaty aforesaid:
+
+Now, therefore, I, Franklin Pierce, President of the United States
+of America, do hereby declare and proclaim that from this date the
+following articles, being the growth and produce of the said Provinces
+of Canada, New Brunswick, Nova Scotia, and Prince Edwards Island, to
+wit: Grain, flour, and breadstuffs of all kinds; animals of all kinds;
+fresh, smoked, and salted meats; cotton wool, seeds and vegetables,
+undried fruits, dried fruits, fish of all kinds, products of fish and
+all other creatures living in the water, poultry, eggs; hides, furs,
+skins, or tails, undressed; stone or marble in its crude or unwrought
+state, slate, butter, cheese, tallow, lard, horns, manures, ores of
+metals of all kinds, coal, pitch, tar, turpentine, ashes; timber and
+lumber of all kinds, round, hewed, and sawed, unmanufactured in whole
+or in part; firewood; plants, shrubs, and trees; pelts, wool, fish oil,
+rice, broom corn, and bark; gypsum, ground or unground; hewn or wrought
+or unwrought burr or grind stones; dyestuffs; flax, hemp, and tow,
+unmanufactured; unmanufactured tobacco, rags--shall be introduced into
+the United States free of duty so long as the said treaty shall remain
+in force, subject, however, to be suspended in relation to the trade
+with Canada on the condition mentioned in the fourth article of the said
+treaty, and that all the other provisions of the said treaty shall go
+into effect and be observed on the part of the United States.
+
+Given under my hand, at the city of Washington, the 16th day of March,
+A.D. 1855, and of the Independence of the United States the
+seventy-ninth.
+
+[SEAL.]
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the act of Congress of the 28th of September, 1850, entitled "An
+act to create additional collection districts in the State of California
+and to change the existing district therein, and to modify the existing
+collection districts in the United States," extends to merchandise
+warehoused under bond the privilege of being exported to the British
+North American Provinces adjoining the United States in the manner
+prescribed in the act of Congress of the 3d of March, 1845, which
+designates certain frontier ports through which merchandise may be
+exported, and further provides "that such other ports situated on the
+frontiers of the United States adjoining the British North American
+Provinces as may hereafter be found expedient may have extended to them
+the like privileges on the recommendation of the Secretary of the
+Treasury and proclamation duly made by the President of the United
+States specially designating the ports to which the aforesaid privileges
+are to be extended:"
+
+Now, therefore, I, Franklin Pierce, President of the United States of
+America, in accordance with the recommendation of the Secretary of the
+Treasury, do hereby declare and proclaim that the ports of Rouses Point,
+Cape Vincent, Suspension Bridge, and Dunkirk, in the State of New York;
+Swanton, Alburg, and Island Pond, in the State of Vermont; Toledo, in
+the State of Ohio; Chicago, in the State of Illinois; Milwaukee, in the
+State of Wisconsin; Michilimackinac, in the State of Michigan; Eastport,
+in the State of Maine; and Pembina, in the Territory of Minnesota, are
+and shall be entitled to all the privileges in regard to the exportation
+of merchandise in bond to the British North American Provinces adjoining
+the United States which are extended to the ports enumerated in the
+seventh section of the act of Congress of the 3d of March, 1845,
+aforesaid, from and after the date of this proclamation.
+
+In witness whereof I have hereunto set my hand and caused the seal of
+the United States to be affixed.
+
+Done at the city of Washington, this 2d day of July, A.D. 1855, and of
+the Independence of the United States of America the seventy-ninth.
+
+[SEAL]
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 31, 1855_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The Constitution of the United States provides that Congress shall
+assemble annually on the first Monday of December, and it has been usual
+for the President to make no communication of a public character to the
+Senate and House of Representatives until advised of their readiness to
+receive it. I have deferred to this usage until the close of the first
+month of the session, but my convictions of duty will not permit me
+longer to postpone the discharge of the obligation enjoined by the
+Constitution upon the President "to give to the Congress information of
+the state of the Union and recommend to their consideration such
+measures as he shall judge necessary and expedient."
+
+It is matter of congratulation that the Republic is tranquilly advancing
+in a career of prosperity and peace.
+
+Whilst relations of amity continue to exist between the United States
+and all foreign powers, with some of them grave questions are depending
+which may require the consideration of Congress.
+
+Of such questions, the most important is that which has arisen out of
+the negotiations with Great Britain in reference to Central America.
+
+By the convention concluded between the two Governments on the 19th of
+April, 1850, both parties covenanted that "neither will ever" "occupy,
+or fortify, or colonize, or assume or exercise any dominion over
+Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central
+America."
+
+It was the undoubted understanding of the United States in making this
+treaty that all the present States of the former Republic of Central
+America and the entire territory of each would thenceforth enjoy
+complete independence, and that both contracting parties engaged equally
+and to the same extent, for the present and for the future, that if
+either then had any claim of right in Central America such claim and all
+occupation or authority under it were unreservedly relinquished by the
+stipulations of the convention, and that no dominion was thereafter to
+be exercised or assumed in any part of Central America by Great Britain
+or the United States.
+
+This Government consented to restrictions in regard to a region of
+country wherein we had specific and peculiar interests only upon the
+conviction that the like restrictions were in the same sense obligatory
+on Great Britain. But for this understanding of the force and effect of
+the convention it would never have been concluded by us.
+
+So clear was this understanding on the part of the United States that in
+correspondence contemporaneous with the ratification of the convention
+it was distinctly expressed that the mutual covenants of nonoccupation
+were not intended to apply to the British establishment at the Balize.
+This qualification is to be ascribed to the fact that, in virtue of
+successive treaties with previous sovereigns of the country, Great
+Britain had obtained a concession of the right to cut mahogany or
+dye-woods at the Balize, but with positive exclusion of all domain
+or sovereignty; and thus it confirms the natural construction and
+understood import of the treaty as to all the rest of the region
+to which the stipulations applied.
+
+It, however, became apparent at an early day after entering upon the
+discharge of my present functions that Great Britain still continued in
+the exercise or assertion of large authority in all that part of Central
+America commonly called the Mosquito Coast, and covering the entire
+length of the State of Nicaragua and a part of Costa Rica; that she
+regarded the Balize as her absolute domain and was gradually extending
+its limits at the expense of the State of Honduras, and that she had
+formally colonized a considerable insular group known as the Bay
+Islands, and belonging of right to that State.
+
+All these acts or pretensions of Great Britain, being contrary to the
+rights of the States of Central America and to the manifest tenor of her
+stipulations with the United States as understood by this Government,
+have been made the subject of negotiation through the American minister
+in London. I transmit herewith the instructions to him on the subject
+and the correspondence between him and the British secretary for foreign
+affairs, by which you will perceive that the two Governments differ
+widely and irreconcilably as to the construction of the convention and
+its effect on their respective relations to Central America.
+
+Great Britain so construes the convention as to maintain unchanged all
+her previous pretensions over the Mosquito Coast and in different parts
+of Central America. These pretensions as to the Mosquito Coast are
+founded on the assumption of political relation between Great Britain
+and the remnant of a tribe of Indians on that coast, entered into at a
+time when the whole country was a colonial possession of Spain. It can
+not be successfully controverted that by the public law of Europe and
+America no possible act of such Indians or their predecessors could
+confer on Great Britain any political rights.
+
+Great Britain does not allege the assent of Spain as the origin of her
+claims on the Mosquito Coast. She has, on the contrary, by repeated and
+successive treaties renounced and relinquished all pretensions of her
+own and recognized the full and sovereign rights of Spain in the most
+unequivocal terms. Yet these pretensions, so without solid foundation
+in the beginning and thus repeatedly abjured, were at a recent period
+revived by Great Britain against the Central American States, the
+legitimate successors to all the ancient jurisdiction of Spain in that
+region. They were first applied only to a defined part of the coast of
+Nicaragua, afterwards to the whole of its Atlantic coast, and lastly to
+a part of the coast of Costa Rica, and they are now reasserted to this
+extent notwithstanding engagements to the United States.
+
+On the eastern coast of Nicaragua and Costa Rica the interference of
+Great Britain, though exerted at one time in the form of military
+occupation of the port of San Juan del Norte, then in the peaceful
+possession of the appropriate authorities of the Central American
+States, is now presented by her as the rightful exercise of a
+protectorship over the Mosquito tribe of Indians.
+
+But the establishment at the Balize, now reaching far beyond its
+treaty limits into the State of Honduras, and that of the Bay Islands,
+appertaining of right to the same State, are as distinctly colonial
+governments as those of Jamaica or Canada, and therefore contrary to the
+very letter, as well as the spirit, of the convention with the United
+States as it was at the time of ratification and now is understood by
+this Government.
+
+The interpretation which the British Government thus, in assertion
+and act, persists in ascribing to the convention entirely changes
+its character. While it holds us to all our obligations, it in a
+great measure releases Great Britain from those which constituted the
+consideration of this Government for entering into the convention. It
+is impossible, in my judgment, for the United States to acquiesce in
+such a construction of the respective relations of the two Governments
+to Central America.
+
+To a renewed call by this Government upon Great Britain to abide by and
+carry into effect the stipulations of the convention according to its
+obvious import by withdrawing from the possession or colonization of
+portions of the Central American States of Honduras, Nicaragua, and
+Costa Rica, the British Government has at length replied, affirming that
+the operation of the treaty is prospective only and did not require
+Great Britain to abandon or contract any possessions held by her in
+Central America at the date of its conclusion.
+
+This reply substitutes a partial issue in the place of the general one
+presented by the United States. The British Government passes over the
+question of the rights of Great Britain, real or supposed, in Central
+America, and assumes that she had such rights at the date of the treaty
+and that those rights comprehended the protectorship of the Mosquito
+Indians, the extended jurisdiction and limits of the Balize, and the
+colony of the Bay Islands, and thereupon proceeds by implication to
+infer that if the stipulations of the treaty be merely future in effect
+Great Britain may still continue to hold the contested portions of
+Central America. The United States can not admit either the inference
+or the premises. We steadily deny that at the date of the treaty Great
+Britain had any possessions there other than the limited and peculiar
+establishment at the Balize, and maintain that if she had any they were
+surrendered by the convention.
+
+This Government, recognizing the obligations of the treaty, has, of
+course, desired to see it executed in good faith by both parties, and
+in the discussion, therefore, has not looked to rights which we might
+assert independently of the treaty in consideration of our geographical
+position and of other circumstances which create for us relations to the
+Central American States different from those of any government of
+Europe.
+
+The British Government, in its last communication, although well knowing
+the views of the United States, still declares that it sees no reason
+why a conciliatory spirit may not enable the two Governments to overcome
+all obstacles to a satisfactory adjustment of the subject.
+
+Assured of the correctness of the construction of the treaty constantly
+adhered to by this Government and resolved to insist on the rights
+of the United States, yet actuated also by the same desire which is
+avowed by the British Government, to remove all causes of serious
+misunderstanding between two nations associated by so many ties of
+interest and kindred, it has appeared to me proper not to consider
+an amicable solution of the controversy hopeless.
+
+There is, however, reason to apprehend that with Great Britain in the
+actual occupation of the disputed territories, and the treaty therefore
+practically null so far as regards our rights, this international
+difficulty can not long remain undetermined without involving in serious
+danger the friendly relations which it is the interest as well as the
+duty of both countries to cherish and preserve. It will afford me
+sincere gratification if future efforts shall result in the success
+anticipated heretofore with more confidence than the aspect of the case
+permits me now to entertain.
+
+One other subject of discussion between the United States and Great
+Britain has grown out of the attempt, which the exigencies of the war in
+which she is engaged with Russia induced her to make, to draw recruits
+from the United States.
+
+It is the traditional and settled policy of the United States to
+maintain impartial neutrality during the wars which from time to time
+occur among the great powers of the world. Performing all the duties of
+neutrality toward the respective belligerent states, we may reasonably
+expect them not to interfere with our lawful enjoyment of its benefits.
+Notwithstanding the existence of such hostilities, our citizens retained
+the individual right to continue all their accustomed pursuits, by land
+or by sea, at home or abroad, subject only to such restrictions in this
+relation as the laws of war, the usage of nations, or special treaties
+may impose; and it is our sovereign right that our territory and
+jurisdiction shall not be invaded by either of the belligerent parties
+for the transit of their armies, the operations of their fleets, the
+levy of troops for their service, the fitting out of cruisers by or
+against either, or any other act or incident of war. And these
+undeniable rights of neutrality, individual and national, the United
+States will under no circumstances surrender.
+
+In pursuance of this policy, the laws of the United States do not
+forbid their citizens to sell to either of the belligerent powers
+articles contraband of war or take munitions of war or soldiers on
+board their private ships for transportation; and although in so doing
+the individual citizen exposes his property or person to some of the
+hazards of war, his acts do not involve any breach of national neutrality
+nor of themselves implicate the Government. Thus, during the progress
+of the present war in Europe, our citizens have, without national
+responsibility therefor, sold gunpowder and arms to all buyers,
+regardless of the destination of those articles. Our merchantmen have
+been, and still continue to be, largely employed by Great Britain and by
+France in transporting troops, provisions, and munitions of war to the
+principal seat of military operations and in bringing home their sick
+and wounded soldiers; but such use of our mercantile marine is not
+interdicted either by the international or by our municipal law, and
+therefore does not compromit our neutral relations with Russia.
+
+But our municipal law, in accordance with the law of nations,
+peremptorily forbids not only foreigners, but our own citizens, to fit
+out within the United States a vessel to commit hostilities against any
+state with which the United States are at peace, or to increase the
+force of any foreign armed vessel intended for such hostilities against
+a friendly state.
+
+Whatever concern may have been felt by either of the belligerent powers
+lest private armed cruisers or other vessels in the service of one might
+be fitted out in the ports of this country to depredate on the property
+of the other, all such fears have proved to be utterly groundless. Our
+citizens have been withheld from any such act or purpose by good faith
+and by respect for the law.
+
+While the laws of the Union are thus peremptory in their prohibition of
+the equipment or armament of belligerent cruisers in our ports, they
+provide not less absolutely that no person shall, within the territory
+or jurisdiction of the United States, enlist or enter himself, or hire
+or retain another person to enlist or enter himself, or to go beyond the
+limits or jurisdiction of the United States with intent to be enlisted
+or entered, in the service of any foreign state, either as a soldier or
+as a marine or seaman on board of any vessel of war, letter of marque,
+or privateer. And these enactments are also in strict conformity with
+the law of nations, which declares that no state has the right to raise
+troops for land or sea service in another state without its consent, and
+that, whether forbidden by the municipal law or not, the very attempt to
+do it without such consent is an attack on the national sovereignty.
+
+Such being the public rights and the municipal law of the United States,
+no solicitude on the subject was entertained by this Government when,
+a year since, the British Parliament passed an act to provide for the
+enlistment of foreigners in the military service of Great Britain.
+Nothing on the face of the act or in its public history indicated that
+the British Government proposed to attempt recruitment in the United
+States, nor did it ever give intimation of such intention to this
+Government. It was matter of surprise, therefore, to find subsequently
+that the engagement of persons within the United States to proceed to
+Halifax, in the British Province of Nova Scotia, and there enlist in the
+service of Great Britain, was going on extensively, with little or no
+disguise. Ordinary legal steps were immediately taken to arrest and
+punish parties concerned, and so put an end to acts infringing the
+municipal law and derogatory to our sovereignty. Meanwhile suitable
+representations on the subject were addressed to the British Government.
+
+Thereupon it became known, by the admission of the British Government
+itself, that the attempt to draw recruits from this country originated
+with it, or at least had its approval and sanction; but it also appeared
+that the public agents engaged in it had "stringent instructions" not to
+violate the municipal law of the United States.
+
+It is difficult to understand how it should have been supposed that
+troops could be raised here by Great Britain without violation of the
+municipal law. The unmistakable object of the law was to prevent every
+such act which if performed must be either in violation of the law or in
+studied evasion of it, and in either alternative the act done would be
+alike injurious to the sovereignty of the United States.
+
+In the meantime the matter acquired additional importance by the
+recruitments in the United States not being discontinued, and the
+disclosure of the fact that they were prosecuted upon a systematic plan
+devised by official authority; that recruiting rendezvous had been
+opened in our principal cities and depots for the reception of recruits
+established on our frontier, and the whole business conducted under the
+supervision and by the regular cooperation of British officers, civil
+and military, some in the North American Provinces and some in the
+United States. The complicity of those officers in an undertaking which
+could only be accomplished by defying our laws, throwing suspicion over
+our attitude of neutrality, and disregarding our territorial rights is
+conclusively proved by the evidence elicited on the trial of such of
+their agents as have been apprehended and convicted. Some of the
+officers thus implicated are of high official position, and many of them
+beyond our jurisdiction, so that legal proceedings could not reach the
+source of the mischief.
+
+These considerations, and the fact that the cause of complaint was not a
+mere casual occurrence, but a deliberate design, entered upon with full
+knowledge of our laws and national policy and conducted by responsible
+public functionaries, impelled me to present the case to the British
+Government, in order to secure not only a cessation of the wrong, but
+its reparation. The subject is still under discussion, the result of
+which will be communicated to you in due time.
+
+I repeat the recommendation submitted to the last Congress, that
+provision be made for the appointment of a commissioner, in connection
+with Great Britain, to survey and establish the boundary line which
+divides the Territory of Washington from the contiguous British
+possessions. By reason of the extent and importance of the country
+in dispute, there has been imminent danger of collision between the
+subjects of Great Britain and the citizens of the United States,
+including their respective authorities, in that quarter. The prospect of
+a speedy arrangement has contributed hitherto to induce on both sides
+forbearance to assert by force what each claims as a right. Continuance
+of delay on the part of the two Governments to act in the matter will
+increase the dangers and difficulties of the controversy.
+
+Misunderstanding exists as to the extent, character, and value of the
+possessory rights of the Hudsons Bay Company and the property of the
+Pugets Sound Agricultural Company reserved in our treaty with Great
+Britain relative to the Territory of Oregon. I have reason to believe
+that a cession of the rights of both companies to the United States,
+which would be the readiest means of terminating all questions, can be
+obtained on reasonable terms, and with a view to this end I present the
+subject to the attention of Congress.
+
+The colony of Newfoundland, having enacted the laws required by the
+treaty of the 5th of June, 1854, is now placed on the same footing in
+respect to commercial intercourse with the United States as the other
+British North American Provinces.
+
+The commission which that treaty contemplated, for determining the
+rights of fishery in rivers and mouths of rivers on the coasts of
+the United States and the British North American Provinces, has been
+organized, and has commenced its labors, to complete which there are
+needed further appropriations for the service of another season.
+
+In pursuance of the authority conferred by a resolution of the Senate of
+the United States passed on the 3d of March last, notice was given to
+Denmark on the 14th day of April of the intention of this Government
+to avail itself of the stipulation of the subsisting convention of
+friendship, commerce, and navigation between that Kingdom and the United
+States whereby either party might after ten years terminate the same at
+the expiration of one year from the date of notice for that purpose.
+
+The considerations which led me to call the attention of Congress to
+that convention and induced the Senate to adopt the resolution referred
+to still continue in full force. The convention contains an article
+which, although it does not directly engage the United States to submit
+to the imposition of tolls on the vessels and cargoes of Americans
+passing into or from the Baltic Sea during the continuance of the
+treaty, yet may by possibility be construed as implying such submission.
+The exaction of those tolls not being justified by any principle of
+international law, it became the right and duty of the United States to
+relieve themselves from the implication of engagement on the subject,
+so as to be perfectly free to act in the premises in such way as their
+public interests and honor shall demand.
+
+I remain of the opinion that the United States ought not to submit to
+the payment of the Sound dues, not so much because of their amount,
+which is a secondary matter, but because it is in effect the recognition
+of the right of Denmark to treat one of the great maritime highways of
+nations as a close sea, and prevent the navigation of it as a privilege,
+for which tribute may be imposed upon those who have occasion to use it.
+
+This Government on a former occasion, not unlike the present, signalized
+its determination to maintain the freedom of the seas and of the great
+natural channels of navigation. The Barbary States had for a long time
+coerced the payment of tribute from all nations whose ships frequented
+the Mediterranean. To the last demand of such payment made by them the
+United States, although suffering less by their depredations than many
+other nations, returned the explicit answer that we preferred war to
+tribute, and thus opened the way to the relief of the commerce of the
+world from an ignominious tax, so long submitted to by the more powerful
+nations of Europe.
+
+If the manner of payment of the Sound dues differ from that of the
+tribute formerly conceded to the Barbary States, still their exaction
+by Denmark has no better foundation in right. Each was in its origin
+nothing but a tax on a common natural right, extorted by those who were
+at that time able to obstruct the free and secure enjoyment of it, but
+who no longer possess that power.
+
+Denmark, while resisting our assertion of the freedom of the Baltic
+Sound and Belts, has indicated a readiness to make some new arrangement
+on the subject, and has invited the governments interested, including
+the United States, to be represented in a convention to assemble for the
+purpose of receiving and considering a proposition which she intends to
+submit for the capitalization of the Sound dues and the distribution of
+the sum to be paid as commutation among the governments according to
+the respective proportions of their maritime commerce to and from the
+Baltic. I have declined, in behalf of the United States, to accept this
+invitation, for the most cogent reasons. One is that Denmark does not
+offer to submit to the convention the question of her right to levy the
+Sound dues. The second is that if the convention were allowed to take
+cognizance of that particular question, still it would not be competent
+to deal with the great international principle involved, which affects
+the right in other cases of navigation and commercial freedom, as well
+as that of access to the Baltic. Above all, by the express terms of the
+proposition it is contemplated that the consideration of the Sound dues
+shall be commingled with and made subordinate to a matter wholly
+extraneous--the balance of power among the Governments of Europe.
+
+While, however, rejecting this proposition and insisting on the right
+of free transit into and from the Baltic, I have expressed to Denmark
+a willingness on the part of the United States to share liberally with
+other powers in compensating her for any advantages which commerce shall
+hereafter derive from expenditures made by her for the improvement and
+safety of the navigation of the Sound or Belts.
+
+I lay before you herewith sundry documents on the subject, in which my
+views are more fully disclosed. Should no satisfactory arrangement be
+soon concluded, I shall again call your attention to the subject, with
+recommendation of such measures as may appear to be required in order to
+assert and secure the rights of the United States, so far as they are
+affected by the pretensions of Denmark.
+
+I announce with much gratification that since the adjournment of the
+last Congress the question then existing between this Government and
+that of France respecting the French consul at San Francisco has been
+satisfactorily determined, and that the relations of the two Governments
+continue to be of the most friendly nature.
+
+A question, also, which has been pending for several years between
+the United States and the Kingdom of Greece, growing out of the
+sequestration by public authorities of that country of property
+belonging to the present American consul at Athens, and which had been
+the subject of very earnest discussion heretofore, has recently been
+settled to the satisfaction of the party interested and of both
+Governments.
+
+With Spain peaceful relations are still maintained, and some progress
+has been made in securing the redress of wrongs complained of by this
+Government. Spain has not only disavowed and disapproved the conduct
+of the officers who illegally seized and detained the steamer _Black
+Warrior_ at Havana, but has also paid the sum claimed as indemnity for
+the loss thereby inflicted on citizens of the United States.
+
+In consequence of a destructive hurricane which visited Cuba in 1844,
+the supreme authority of that island issued a decree permitting the
+importation for the period of six months of certain building materials
+and provisions free of duty, but revoked it when about half the period
+only had elapsed, to the injury of citizens of the United States who had
+proceeded to act on the faith of that decree. The Spanish Government
+refused indemnification to the parties aggrieved until recently, when it
+was assented to, payment being promised to be made so soon as the amount
+due can be ascertained.
+
+Satisfaction claimed for the arrest and search of the steamer _El
+Dorado_ has not yet been accorded, but there is reason to believe that
+it will be; and that case, with others, continues to be urged on the
+attention of the Spanish Government. I do not abandon the hope of
+concluding with Spain some general arrangement which, if it do not
+wholly prevent the recurrence of difficulties in Cuba, will render them
+less frequent, and, whenever they shall occur, facilitate their more
+speedy settlement.
+
+The interposition of this Government has been invoked by many of its
+citizens on account of injuries done to their persons and property for
+which the Mexican Republic is responsible. The unhappy situation of that
+country for some time past has not allowed its Government to give due
+consideration to claims of private reparation, and has appeared to
+call for and justify some forbearance in such matters on the part
+of this Government. But if the revolutionary movements which have
+lately occurred in that Republic end in the organization of a stable
+government, urgent appeals to its justice will then be made, and, it
+may be hoped, with success, for the redress of all complaints of our
+citizens.
+
+In regard to the American Republics, which from their proximity and
+other considerations have peculiar relations to this Government, while
+it has been my constant aim strictly to observe all the obligations of
+political friendship and of good neighborhood, obstacles to this have
+arisen in some of them from their own insufficient power to check
+lawless irruptions, which in effect throws most of the task on the
+United States. Thus it is that the distracted internal condition of the
+State of Nicaragua has made it incumbent on me to appeal to the good
+faith of our citizens to abstain from unlawful intervention in its
+affairs and to adopt preventive measures to the same end, which on a
+similar occasion had the best results in reassuring the peace of the
+Mexican States of Sonora and Lower California.
+
+Since the last session of Congress a treaty of amity, commerce, and
+navigation and for the surrender of fugitive criminals with the Kingdom
+of the Two Sicilies; a treaty of friendship, commerce, and navigation
+with Nicaragua, and a convention of commercial reciprocity with the
+Hawaiian Kingdom have been negotiated. The latter Kingdom and the
+State of Nicaragua have also acceded to a declaration recognizing as
+international rights the principles contained in the convention between
+the United States and Russia of July 22, 1854. These treaties and
+conventions will be laid before the Senate for ratification.
+
+The statements made in my last annual message respecting the anticipated
+receipts and expenditures of the Treasury have been substantially
+verified.
+
+It appears from the report of the Secretary of the Treasury that the
+receipts during the last fiscal year, ending June 30, 1855, from all
+sources were $65,003,930, and that the public expenditures for the same
+period, exclusive of payments on account of the public debt, amounted to
+$56,365,393. During the same period the payments made in redemption of
+the public debt, including interest and premium, amounted to $9,844,528.
+
+The balance in the Treasury at the beginning of the present fiscal year,
+July 1, 1855, was $18,931,976; the receipts for the first quarter and
+the estimated receipts for the remaining three quarters amount together
+to $67,918,734; thus affording in all, as the available resources of the
+current fiscal year, the sum of $86,856,710.
+
+If to the actual expenditures of the first quarter of the current
+fiscal year be added the probable expenditures for the remaining three
+quarters, as estimated by the Secretary of the Treasury, the sum total
+will be $71,226,846, thereby leaving an estimated balance in the
+Treasury on July 1, 1856, of $15,623,863.41.
+
+In the above-estimated expenditures of the present fiscal year are
+included $3,000,000 to meet the last installment of the ten millions
+provided for in the late treaty with Mexico and $7,750,000 appropriated
+on account of the debt due to Texas, which two sums make an aggregate
+amount of $10,750,000 and reduce the expenditures, actual or estimated,
+for ordinary objects of the year to the sum of $60,476,000.
+
+The amount of the public debt at the commencement of the present fiscal
+year was $40,583,631, and, deduction being made of subsequent payments,
+the whole public debt of the Federal Government remaining at this time
+is less than $40,000,000. The remnant of certain other Government
+stocks, amounting to $243,000, referred to in my last message as
+outstanding, has since been paid.
+
+I am fully persuaded that it would be difficult to devise a system
+superior to that by which the fiscal business of the Government is
+now conducted. Notwithstanding the great number of public agents of
+collection and disbursement, it is believed that the checks and guards
+provided, including the requirement of monthly returns, render it
+scarcely possible for any considerable fraud on the part of those agents
+or neglect involving hazard of serious public loss to escape detection.
+I renew, however, the recommendation heretofore made by me of the
+enactment of a law declaring it felony on the part of public officers
+to insert false entries in their books of record or account or to make
+false returns, and also requiring them on the termination of their
+service to deliver to their successors all books, records, and other
+objects of a public nature in their custody.
+
+Derived, as our public revenue is, in chief part from duties on imports,
+its magnitude affords gratifying evidence of the prosperity, not only of
+our commerce, but of the other great interests upon which that depends.
+
+The principle that all moneys not required for the current expenses of
+the Government should remain for active employment in the hands of the
+people and the conspicuous fact that the annual revenue from all sources
+exceeds by many millions of dollars the amount needed for a prudent and
+economical administration of public affairs can not fail to suggest the
+propriety of an early revision and reduction of the tariff of duties on
+imports. It is now so generally conceded that the purpose of revenue
+alone can justify the imposition of duties on imports that in
+readjusting the impost tables and schedules, which unquestionably
+require essential modifications, a departure from the principles of the
+present tariff is not anticipated.
+
+The Army during the past year has been actively engaged in defending the
+Indian frontier, the state of the service permitting but few and small
+garrisons in our permanent fortifications. The additional regiments
+authorized at the last session of Congress have been recruited and
+organized, and a large portion of the troops have already been sent to
+the field. All the duties which devolve on the military establishment
+have been satisfactorily performed, and the dangers and privations
+incident to the character of the service required of our troops have
+furnished additional evidence of their courage, zeal, and capacity to
+meet any requisition which their country may make upon them. For the
+details of the military operations, the distribution of the troops, and
+additional provisions required for the military service, I refer to the
+report of the Secretary of War and the accompanying documents.
+
+Experience gathered from events which have transpired since my last
+annual message has but served to confirm the opinion then expressed of
+the propriety of making provision by a retired list for disabled
+officers and for increased compensation to the officers retained on the
+list for active duty. All the reasons which existed when these measures
+were recommended on former occasions continue without modification,
+except so far as circumstances have given to some of them additional
+force. The recommendations heretofore made for a partial reorganization
+of the Army are also renewed. The thorough elementary education given
+to those officers who commence their service with the grade of cadet
+qualifies them to a considerable extent to perform the duties of every
+arm of the service; but to give the highest efficiency to artillery
+requires the practice and special study of many years, and it is not,
+therefore, believed to be advisable to maintain in time of peace a
+larger force of that arm than can be usually employed in the duties
+appertaining to the service of field and siege artillery. The duties of
+the staff in all its various branches belong to the movements of troops,
+and the efficiency of an army in the field would materially depend upon
+the ability with which those duties are discharged. It is not, as in
+the case of the artillery, a specialty, but requires also an intimate
+knowledge of the duties of an officer of the line, and it is not doubted
+that to complete the education of an officer for either the line or the
+general staff it is desirable that he shall have served in both. With
+this view, it was recommended on a former occasion that the duties of
+the staff should be mainly performed by details from the line, and, with
+conviction of the advantages which would result from such a change,
+it is again presented for the consideration of Congress.
+
+The report of the Secretary of the Navy, herewith submitted, exhibits in
+full the naval operations of the past year, together with the present
+condition of the service, and it makes suggestions of further
+legislation, to which your attention is invited.
+
+The construction of the six steam frigates for which appropriations were
+made by the last Congress has proceeded in the most satisfactory manner
+and with such expedition as to warrant the belief that they will be
+ready for service early in the coming spring. Important as this addition
+to our naval force is, it still remains inadequate to the contingent
+exigencies of the protection of the extensive seacoast and vast
+commercial interests of the United States. In view of this fact and of
+the acknowledged wisdom of the policy of a gradual and systematic
+increase of the Navy an appropriation is recommended for the
+construction of six steam sloops of war.
+
+In regard to the steps taken in execution of the act of Congress to
+promote the efficiency of the Navy, it is unnecessary for me to say more
+than to express entire concurrence in the observations on that subject
+presented by the Secretary in his report.
+
+It will be perceived by the report of the Postmaster-General that
+the gross expenditure of the Department for the last fiscal year was
+$9,968,342 and the gross receipts $7,342,136, making an excess of
+expenditure over receipts of $2,626,206; and that the cost of mail
+transportation during that year was $674,952 greater than the previous
+year. Much of the heavy expenditures to which the Treasury is thus
+subjected is to be ascribed to the large quantity of printed matter
+conveyed by the mails, either franked or liable to no postage by law or
+to very low rates of postage compared with that charged on letters, and
+to the great cost of mail service on railroads and by ocean steamers.
+The suggestions of the Postmaster-General on the subject deserve the
+consideration of Congress.
+
+The report of the Secretary of the Interior will engage your attention
+as well for useful suggestions it contains as for the interest and
+importance of the subjects to which they refer.
+
+The aggregate amount of public land sold during the last fiscal year,
+located with military scrip or land warrants, taken up under grants for
+roads, and selected as swamp lands by States is 24,557,409 acres, of
+which the portion sold was 15,729,524 acres, yielding in receipts the
+sum of $11,485,380. In the same period of time 8,723,854 acres have been
+surveyed, but, in consideration of the quantity already subject to
+entry, no additional tracts have been brought into market.
+
+The peculiar relation of the General Government to the District of
+Columbia renders it proper to commend to your care not only its material
+but also its moral interests, including education, more especially in
+those parts of the District outside of the cities of Washington and
+Georgetown.
+
+The commissioners appointed to revise and codify the laws of the
+District have made such progress in the performance of their task as to
+insure its completion in the time prescribed by the act of Congress.
+
+Information has recently been received that the peace of the settlements
+in the Territories of Oregon and Washington is disturbed by hostilities
+on the part of the Indians, with indications of extensive combinations
+of a hostile character among the tribes in that quarter, the more
+serious in their possible effect by reason of the undetermined foreign
+interests existing in those Territories, to which your attention has
+already been especially invited. Efficient measures have been taken,
+which, it is believed, will restore quiet and afford protection to our
+citizens.
+
+In the Territory of Kansas there have been acts prejudicial to good
+order, but as yet none have occurred under circumstances to justify the
+interposition of the Federal Executive. That could only be in case of
+obstruction to Federal law or of organized resistance to Territorial
+law, assuming the character of insurrection, which, if it should occur,
+it would be my duty promptly to overcome and suppress. I cherish the
+hope, however, that the occurrence of any such untoward event will be
+prevented by the sound sense of the people of the Territory, who by its
+organic law, possessing the right to determine their own domestic
+institutions, are entitled while deporting themselves peacefully to the
+free exercise of that right, and must be protected in the enjoyment of
+it without interference on the part of the citizens of any of the
+States.
+
+The southern boundary line of this Territory has never been surveyed and
+established. The rapidly extending settlements in that region and the
+fact that the main route between Independence, in the State of Missouri,
+and New Mexico is contiguous in this line suggest the probability that
+embarrassing questions of jurisdiction may consequently arise. For these
+and other considerations I commend the subject to your early attention.
+
+I have thus passed in review the general state of the Union, including
+such particular concerns of the Federal Government, whether of domestic
+or foreign relation, as it appeared to me desirable and useful to bring
+to the special notice of Congress. Unlike the great States of Europe and
+Asia and many of those of America, these United States are wasting
+their strength neither in foreign war nor domestic strife. Whatever
+of discontent or public dissatisfaction exists is attributable to the
+imperfections of human nature or is incident to all governments, however
+perfect, which human wisdom can devise. Such subjects of political
+agitation as occupy the public mind consist to a great extent of
+exaggeration of inevitable evils, or overzeal in social improvement, or
+mere imagination of grievance, having but remote connection with any
+of the constitutional functions or duties of the Federal Government.
+To whatever extent these questions exhibit a tendency menacing to the
+stability of the Constitution or the integrity of the Union, and no
+further, they demand the consideration of the Executive and require
+to be presented by him to Congress.
+
+Before the thirteen colonies became a confederation of independent
+States they were associated only by community of transatlantic origin,
+by geographical position, and by the mutual tie of common dependence on
+Great Britain. When that tie was sundered they severally assumed the
+powers and rights of absolute self-government. The municipal and social
+institutions of each, its laws of property and of personal relation,
+even its political organization, were such only as each one chose to
+establish, wholly without interference from any other. In the language
+of the Declaration of Independence, each State had "full power to levy
+war, conclude peace, contract alliances, establish commerce, and to do
+all other acts and things which independent states may of right do." The
+several colonies differed in climate, in soil, in natural productions,
+in religion, in systems of education, in legislation, and in the forms
+of political administration, and they continued to differ in these
+respects when they voluntarily allied themselves as States to carry
+on the War of the Revolution.
+
+The object of that war was to disenthrall the united colonies from
+foreign rule, which had proved to be oppressive, and to separate them
+permanently from the mother country. The political result was the
+foundation of a Federal Republic of the free white men of the colonies,
+constituted, as they were, in distinct and reciprocally independent
+State governments. As for the subject races, whether Indian or
+African, the wise and brave statesmen of that day, being engaged in
+no extravagant scheme of social change, left them as they were, and
+thus preserved themselves and their posterity from the anarchy and the
+ever-recurring civil wars which have prevailed in other revolutionized
+European colonies of America.
+
+When the confederated States found it convenient to modify the
+conditions of their association by giving to the General Government
+direct access in some respects to the people of the States, instead of
+confining it to action on the States as such, they proceeded to frame
+the existing Constitution, adhering steadily to one guiding thought,
+which was to delegate only such power as was necessary and proper to the
+execution of specific purposes, or, in other words, to retain as much as
+possible consistently with those purposes of the independent powers of
+the individual States. For objects of common defense and security, they
+intrusted to the General Government certain carefully defined functions,
+leaving all others as the undelegated rights of the separate independent
+sovereignties.
+
+Such is the constitutional theory of our Government, the practical
+observance of which has carried us, and us alone among modern republics,
+through nearly three generations of time without the cost of one drop
+of blood shed in civil war. With freedom and concert of action, it has
+enabled us to contend successfully on the battlefield against foreign
+foes, has elevated the feeble colonies into powerful States, and has
+raised our industrial productions and our commerce which transports them
+to the level of the richest and the greatest nations of Europe. And the
+admirable adaptation of our political institutions to their objects,
+combining local self-government with aggregate strength, has established
+the practicability of a government like ours to cover a continent with
+confederate states.
+
+The Congress of the United States is in effect that congress of
+sovereignties which good men in the Old World have sought for, but
+could never attain, and which imparts to America an exemption from the
+mutable leagues for common action, from the wars, the mutual invasions,
+and vague aspirations after the balance of power which convulse from
+time to time the Governments of Europe. Our cooperative action rests
+in the conditions of permanent confederation prescribed by the
+Constitution. Our balance of power is in the separate reserved rights
+of the States and their equal representation in the Senate. That
+independent sovereignty in every one of the States, with its reserved
+rights of local self-government assured to each by their coequal power
+in the Senate, was the fundamental condition of the Constitution.
+Without it the Union would never have existed. However desirous the
+larger States might be to reorganize the Government so as to give
+to their population its proportionate weight in the common counsels,
+they knew it was impossible unless they conceded to the smaller ones
+authority to exercise at least a negative influence on all the measures
+of the Government, whether legislative or executive, through their equal
+representation in the Senate. Indeed, the larger States themselves could
+not have failed to perceive that the same power was equally necessary
+to them for the security of their own domestic interests against the
+aggregate force of the General Government. In a word, the original
+States went into this permanent league on the agreed premises of
+exerting their common strength for the defense of the whole and of
+all its parts, but of utterly excluding all capability of reciprocal
+aggression. Each solemnly bound itself to all the others neither to
+undertake nor permit any encroachment upon or intermeddling with
+another's reserved rights.
+
+Where it was deemed expedient particular rights of the States were
+expressly guaranteed by the Constitution, but in all things besides
+these rights were guarded by the limitation of the powers granted and by
+express reservation of all powers not granted in the compact of union.
+Thus the great power of taxation was limited to purposes of common
+defense and general welfare, excluding objects appertaining to the local
+legislation of the several States; and those purposes of general welfare
+and common defense were afterwards defined by specific enumeration as
+being matters only of co-relation between the States themselves or
+between them and foreign governments, which, because of their common and
+general nature, could not be left to the separate control of each State.
+
+Of the circumstances of local condition, interest, and rights in which
+a portion of the States, constituting one great section of the Union,
+differed from the rest and from another section, the most important was
+the peculiarity of a larger relative colored population in the Southern
+than in the Northern States.
+
+A population of this class, held in subjection, existed in nearly all
+the States, but was more numerous and of more serious concernment in the
+South than in the North on account of natural differences of climate and
+production; and it was foreseen that, for the same reasons, while this
+population would diminish and sooner or later cease to exist in some
+States, it might increase in others. The peculiar character and
+magnitude of this question of local rights, not in material relations
+only, but still more in social ones, caused it to enter into the special
+stipulations of the Constitution.
+
+Hence, while the General Government, as well by the enumerated powers
+granted to it as by those not enumerated, and therefore refused to it,
+was forbidden to touch this matter in the sense of attack or offense,
+it was placed under the general safeguard of the Union in the sense of
+defense against either invasion or domestic violence, like all other
+local interests of the several States. Each State expressly stipulated,
+as well for itself as for each and all of its citizens, and every
+citizen of each State became solemnly bound by his allegiance to the
+Constitution that any person held to service or labor in one State,
+escaping into another, should not, in consequence of any law or
+regulation thereof, be discharged from such service or labor, but should
+be delivered up on claim of the party to whom such service or labor
+might be due by the laws of his State.
+
+Thus and thus only, by the reciprocal guaranty of all the rights of
+every State against interference on the part of another, was the present
+form of government established by our fathers and transmitted to us, and
+by no other means is it possible for it to exist. If one State ceases
+to respect the rights of another and obtrusively intermeddles with its
+local interests; if a portion of the States assume to impose their
+institutions on the others or refuse to fulfill their obligations to
+them, we are no longer united, friendly States, but distracted, hostile
+ones, with little capacity left of common advantage, but abundant means
+of reciprocal injury and mischief. Practically it is immaterial whether
+aggressive interference between the States or deliberate refusal on the
+part of any one of them to comply with constitutional obligations arise
+from erroneous conviction or blind prejudice, whether it be perpetrated
+by direction or indirection. In either case it is full of threat and of
+danger to the durability of the Union.
+
+Placed in the office of Chief Magistrate as the executive agent of the
+whole country, bound to take care that the laws be faithfully executed,
+and specially enjoined by the Constitution to give information to
+Congress on the state of the Union, it would be palpable neglect of duty
+on my part to pass over a subject like this, which beyond all things at
+the present time vitally concerns individual and public security.
+
+It has been matter of painful regret to see States conspicuous for their
+services in founding this Republic and equally sharing its advantages
+disregard their constitutional obligations to it. Although conscious
+of their inability to heal admitted and palpable social evils of their
+own, and which are completely within their jurisdiction, they engage
+in the offensive and hopeless undertaking of reforming the domestic
+institutions of other States, wholly beyond their control and authority.
+In the vain pursuit of ends by them entirely unattainable, and which
+they may not legally attempt to compass, they peril the very existence
+of the Constitution and all the countless benefits which it has
+conferred. While the people of the Southern States confine their
+attention to their own affairs, not presuming officiously to intermeddle
+with the social institutions of the Northern States, too many of the
+inhabitants of the latter are permanently organized in associations to
+inflict injury on the former by wrongful acts, which would be cause of
+war as between foreign powers and only fail to be such in our system
+because perpetrated under cover of the Union.
+
+Is it possible to present this subject as truth and the occasion require
+without noticing the reiterated but groundless allegation that the
+South has persistently asserted claims and obtained advantages in the
+practical administration of the General Government to the prejudice of
+the North, and in which the latter has acquiesced? That is, the States
+which either promote or tolerate attacks on the rights of persons and of
+property in other States, to disguise their own injustice, pretend or
+imagine, and constantly aver, that they, whose constitutional rights are
+thus systematically assailed, are themselves the aggressors. At the
+present time this imputed aggression, resting, as it does, only in the
+vague declamatory charges of political agitators, resolves itself into
+misapprehension, or misinterpretation, of the principles and facts of
+the political organization of the new Territories of the United States.
+
+What is the voice of history? When the ordinance which provided for the
+government of the territory northwest of the river Ohio and for its
+eventual subdivision into new States was adopted in the Congress of the
+Confederation, it is not to be supposed that the question of future
+relative power as between the States which retained and those which did
+not retain a numerous colored population escaped notice or failed to
+be considered. And yet the concession of that vast territory to the
+interests and opinions of the Northern States, a territory now the seat
+of five among the largest members of the Union, was in great measure the
+act of the State of Virginia and of the South.
+
+When Louisiana was acquired by the United States, it was an acquisition
+not less to the North than to the South; for while it was important to
+the country at the mouth of the river Mississippi to become the emporium
+of the country above it, so also it was even more important to the whole
+Union to have that emporium; and although the new province, by reason of
+its imperfect settlement, was mainly regarded as on the Gulf of Mexico,
+yet in fact it extended to the opposite boundaries of the United States,
+with far greater breadth above than below, and was in territory, as in
+everything else, equally at least an accession to the Northern States.
+It is mere delusion and prejudice, therefore, to speak of Louisiana as
+acquisition in the special interest of the South.
+
+The patriotic and just men who participated in that act were influenced
+by motives far above all sectional jealousies. It was in truth the great
+event which, by completing for us the possession of the Valley of the
+Mississippi, with commercial access to the Gulf of Mexico, imparted
+unity and strength to the whole Confederation and attached together by
+indissoluble ties the East and the West, as well as the North and the
+South.
+
+As to Florida, that was but the transfer by Spain to the United States
+of territory on the east side of the river Mississippi in exchange for
+large territory which the United States transferred to Spain on the west
+side of that river, as the entire diplomatic history of the transaction
+serves to demonstrate. Moreover, it was an acquisition demanded by the
+commercial interests and the security of the whole Union.
+
+In the meantime the people of the United States had grown up to a proper
+consciousness of their strength, and in a brief contest with France and
+in a second serious war with Great Britain they had shaken off all which
+remained of undue reverence for Europe, and emerged from the atmosphere
+of those transatlantic influences which surrounded the infant Republic,
+and had begun to turn their attention to the full and systematic
+development of the internal resources of the Union.
+
+Among the evanescent controversies of that period the most conspicuous
+was the question of regulation by Congress of the social condition of
+the future States to be founded in the territory of Louisiana.
+
+The ordinance for the government of the territory northwest of the river
+Ohio had contained a provision which prohibited the use of servile labor
+therein, subject to the condition of the extraditions of fugitives from
+service due in any other part of the United States. Subsequently to the
+adoption of the Constitution this provision ceased to remain as a law,
+for its operation as such was absolutely superseded by the Constitution.
+But the recollection of the fact excited the zeal of social propagandism
+in some sections of the Confederation, and when a second State, that of
+Missouri, came to be formed in the territory of Louisiana proposition
+was made to extend to the latter territory the restriction originally
+applied to the country situated between the rivers Ohio and Mississippi.
+
+Most questionable as was this proposition in all its constitutional
+relations, nevertheless it received the sanction of Congress, with
+some slight modifications of line, to save the existing rights of the
+intended new State. It was reluctantly acquiesced in by Southern States
+as a sacrifice to the cause of peace and of the Union, not only of the
+rights stipulated by the treaty of Louisiana, but of the principle
+of equality among the States guaranteed by the Constitution. It was
+received by the Northern States with angry and resentful condemnation
+and complaint, because it did not concede all which they had exactingly
+demanded. Having passed through the forms of legislation, it took its
+place in the statute book, standing open to repeal, like any other act
+of doubtful constitutionality, subject to be pronounced null and void by
+the courts of law, and possessing no possible efficacy to control the
+rights of the States which might thereafter be organized out of any part
+of the original territory of Louisiana.
+
+In all this, if any aggression there were, any innovation upon
+preexisting rights, to which portion of the Union are they justly
+chargeable?
+
+This controversy passed away with the occasion, nothing surviving it
+save the dormant letter of the statute.
+
+But long afterwards, when by the proposed accession of the Republic of
+Texas the United States were to take their next step in territorial
+greatness, a similar contingency occurred and became the occasion for
+systematized attempts to intervene in the domestic affairs of one
+section of the Union, in defiance of their rights as States and of the
+stipulations of the Constitution. These attempts assumed a practical
+direction in the shape of persevering endeavors by some of the
+Representatives in both Houses of Congress to deprive the Southern
+States of the supposed benefit of the provisions of the act authorizing
+the organization of the State of Missouri.
+
+But the good sense of the people and the vital force of the Constitution
+triumphed over sectional prejudice and the political errors of the day,
+and the State of Texas returned to the Union as she was, with social
+institutions which her people had chosen for themselves and with express
+agreement by the reannexing act that she should be susceptible of
+subdivision into a plurality of States.
+
+Whatever advantage the interests of the Southern States, as such, gained
+by this were far inferior in results, as they unfolded in the progress
+of time, to those which sprang from previous concessions made by the
+South.
+
+To every thoughtful friend of the Union, to the true lovers of their
+country, to all who longed and labored for the full success of this
+great experiment of republican institutions, it was cause of gratulation
+that such an opportunity had occurred to illustrate our advancing power
+on this continent and to furnish to the world additional assurance of
+the strength and stability of the Constitution. Who would wish to see
+Florida still a European colony? Who would rejoice to hail Texas
+as a lone star instead of one in the galaxy of States? Who does not
+appreciate the incalculable benefits of the acquisition of Louisiana?
+And yet narrow views and sectional purposes would inevitably have
+excluded them all from the Union.
+
+But another struggle on the same point ensued when our victorious
+armies returned from Mexico and it devolved on Congress to provide for
+the territories acquired by the treaty of Guadalupe Hidalgo. The great
+relations of the subject had now become distinct and clear to the
+perception of the public mind, which appreciated the evils of sectional
+controversy upon the question of the admission of new States. In that
+crisis intense solicitude pervaded the nation. But the patriotic
+impulses of the popular heart, guided by the admonitory advice of the
+Father of his Country, rose superior to all the difficulties of the
+incorporation of a new empire into the Union. In the counsels of
+Congress there was manifested extreme antagonism of opinion and
+action between some Representatives, who sought by the abusive and
+unconstitutional employment of the legislative powers of the Government
+to interfere in the condition of the inchoate States and to impose their
+own social theories upon the latter, and other Representatives, who
+repelled the interposition of the General Government in this respect and
+maintained the self-constituting rights of the States. In truth, the
+thing attempted was in form alone action of the General Government,
+while in reality it was the endeavor, by abuse of legislative power,
+to force the ideas of internal policy entertained in particular States
+upon allied independent States. Once more the Constitution and the
+Union triumphed signally. The new territories were organized without
+restrictions on the disputed point, and were thus left to judge in that
+particular for themselves; and the sense of constitutional faith proved
+vigorous enough in Congress not only to accomplish this primary object,
+but also the incidental and hardly less important one of so amending the
+provisions of the statute for the extradition of fugitives, from service
+as to place that public duty under the safeguard of the General
+Government, and thus relieve it from obstacles raised up by the
+legislation of some of the States.
+
+Vain declamation regarding the provisions of law for the extradition of
+fugitives from service, with occasional episodes of frantic effort to
+obstruct their execution by riot and murder, continued for a brief time
+to agitate certain localities. But the true principle of leaving each
+State and Territory to regulate its own laws of labor according to its
+own sense of right and expediency had acquired fast hold of the public
+judgment, to such a degree that by common consent it was observed in the
+organization of the Territory of Washington.
+
+When, more recently, it became requisite to organize the Territories
+of Nebraska and Kansas, it was the natural and legitimate, if not the
+inevitable, consequence of previous events and legislation that the same
+great and sound principle which had already been applied to Utah and New
+Mexico should be applied to them--that they should stand exempt from the
+restrictions proposed in the act relative to the State of Missouri.
+
+These restrictions were, in the estimation of many thoughtful men, null
+from the beginning, unauthorized by the Constitution, contrary to the
+treaty stipulations for the cession of Louisiana, and inconsistent with
+the equality of these States.
+
+They had been stripped of all moral authority by persistent efforts to
+procure their indirect repeal through contradictory enactments. They had
+been practically abrogated by the legislation attending the organization
+of Utah, New Mexico, and Washington. If any vitality remained in them it
+would have been taken away, in effect, by the new Territorial acts in
+the form originally proposed to the Senate at the first session of the
+last Congress. It was manly and ingenuous, as well as patriotic and
+just, to do this directly and plainly, and thus relieve the statute book
+of an act which might be of possible future injury, but of no possible
+future benefit; and the measure of its repeal was the final consummation
+and complete recognition of the principle that no portion of the United
+States shall undertake through assumption of the powers of the General
+Government to dictate the social institutions of any other portion.
+
+The scope and effect of the language of repeal were not left in doubt.
+It was declared in terms to be "the true intent and meaning of this act
+not to legislate slavery into any Territory or State, nor to exclude it
+therefrom, but to leave the people thereof perfectly free to form and
+regulate their domestic institutions in their own way, subject only to
+the Constitution of the United States."
+
+The measure could not be withstood upon its merits alone. It was
+attacked with violence on the false or delusive pretext that it
+constituted a breach of faith. Never was objection more utterly
+destitute of substantial justification. When before was it imagined by
+sensible men that a regulative or declarative statute, whether enacted
+ten or forty years ago, is irrepealable; that an act of Congress is
+above the Constitution? If, indeed, there were in the facts any cause to
+impute bad faith, it would attach to those only who have never ceased,
+from the time of the enactment of the restrictive provision to the
+present day, to denounce and condemn it; who have constantly refused
+to complete it by needful supplementary legislation; who have spared no
+exertion to deprive it of moral force; who have themselves again and
+again attempted its repeal by the enactment of incompatible provisions,
+and who, by the inevitable reactionary effect of their own violence
+on the subject, awakened the country to perception of the true
+constitutional principle of leaving the matter involved to the
+discretion of the people of the respective existing or incipient States.
+
+It is not pretended that this principle or any other precludes the
+possibility of evils in practice, disturbed, as political action is
+liable to be, by human passions. No form of government is exempt from
+inconveniences; but in this case they are the result of the abuse, and
+not of the legitimate exercise, of the powers reserved or conferred in
+the organization of a Territory. They are not to be charged to the great
+principle of popular sovereignty. On the contrary, they disappear before
+the intelligence and patriotism of the people, exerting through the
+ballot box their peaceful and silent but irresistible power.
+
+If the friends of the Constitution are to have another struggle, its
+enemies could not present a more acceptable issue than that of a State
+whose constitution clearly embraces "a republican form of government"
+being excluded from the Union because its domestic institutions may not
+in all respects comport with the ideas of what is wise and expedient
+entertained in some other State. Fresh from groundless imputations of
+breach of faith against others, men will commence the agitation of this
+new question with indubitable violation of an express compact between
+the independent sovereign powers of the United States and of the
+Republic of Texas, as well as of the older and equally solemn compacts
+which assure the equality of all the States.
+
+But deplorable as would be such a violation of compact in itself and
+in all its direct consequences, that is the very least of the evils
+involved. When sectional agitators shall have succeeded in forcing on
+this issue, can their pretensions fail to be met by counter pretensions?
+Will not different States be compelled, respectively, to meet extremes
+with extremes? And if either extreme carry its point, what is that so
+far forth but dissolution of the Union? If a new State, formed from the
+territory of the United States, be absolutely excluded from admission
+therein, that fact of itself constitutes the disruption of union between
+it and the other States. But the process of dissolution could not
+stop there. Would not a sectional decision producing such result by a
+majority of votes, either Northern or Southern, of necessity drive out
+the oppressed and aggrieved minority and place in presence of each other
+two irreconcilably hostile confederations?
+
+It is necessary to speak thus plainly of projects the offspring of that
+sectional agitation now prevailing in some of the States, which are as
+impracticable as they are unconstitutional, and which if persevered in
+must and will end calamitously. It is either disunion and civil war
+or it is mere angry, idle, aimless disturbance of public peace and
+tranquillity. Disunion for what? If the passionate rage of fanaticism
+and partisan spirit did not force the fact upon our attention, it would
+be difficult to believe that any considerable portion of the people of
+this enlightened country could have so surrendered themselves to a
+fanatical devotion to the supposed interests of the relatively few
+Africans in the United States as totally to abandon and disregard
+the interests of the 25,000,000 Americans; to trample under foot the
+injunctions of moral and constitutional obligation, and to engage in
+plans of vindictive hostility against those who are associated with them
+in the enjoyment of the common, heritage of our national institutions.
+
+Nor is it hostility against their fellow-citizens of one section of the
+Union alone. The interests, the honor, the duty, the peace, and the
+prosperity of the people of all sections are equally involved and
+imperiled in this question. And are patriotic men in any part of the
+Union prepared on such issue thus madly to invite all the consequences
+of the forfeiture of their constitutional engagements? It is impossible.
+The storm of frenzy and faction must inevitably dash itself in vain
+against the unshaken rock of the Constitution. I shall never doubt it.
+I know that the Union is stronger a thousand times than all the wild
+and chimerical schemes of social change which are generated one after
+another in the unstable minds of visionary sophists and interested
+agitators. I rely confidently on the patriotism of the people, on the
+dignity and self-respect of the States, on the wisdom of Congress, and,
+above all, on the continued gracious favor of Almighty God to maintain
+against all enemies, whether at home or abroad, the sanctity of the
+Constitution and the integrity of the Union.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 26, 1855_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 17th instant,
+I send herewith the "memorial of citizens of New Orleans, complaining
+of the irregularity of the mail service between Washington and New
+Orleans." I deem it proper also to transmit with the memorial my note
+of the 18th instant to the memorialists and a copy of the letter of the
+Postmaster-General therein referred to.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 27, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a treaty between the United States and Nicaragua, signed at Granada on
+the 20th day of June, A.D. 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 27, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a treaty between the United States and the Kingdom of the Two Sicilies
+and a declaration as to the construction thereof, both signed at Naples
+on the 1st day of October last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 27, 1855_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a treaty between the United States and His Majesty the King of the
+Hawaiian Islands, signed in Washington the 20th day of July, A.D. 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON CITY, _January 3, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+the following-described Indian treaties, negotiated by George W.
+Manypenny and Henry C. Gilbert, as commissioners on the part of the
+United States:
+
+A. Treaty with the Chippewas of Saginaw, Swan Creek, and Black River,
+dated 2d August, 1855.
+
+B. Treaty with the Chippewas of Sault Ste. Marie, dated August 2, 1855.
+
+C. Treaty with the Ottawas and Chippewas, dated July 31, 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 11, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, with the
+accompanying document,[51] in answer to their resolution of yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 51: Letter of Lord John Russell declaring that the British
+Government intends to adhere to the treaty of Washington of April 19,
+1850, and not to assume any sovereignty in Central America.]
+
+
+
+WASHINGTON CITY, _January 21, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith a letter from the Secretary of
+the Interior, accompanying six several treaties negotiated by Governor
+Meriwether, of New Mexico, with the Indians in that Territory, for its
+constitutional action thereon.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 23, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith to the Senate, for its constitutional action
+thereon, a treaty between the United States and the Choctaw and
+Chickasaw tribes of Indians, made and concluded in this city on the
+22d day of June, 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 24, 1856_.
+
+_To the Senate and House of Representatives_:
+
+Circumstances have occurred to disturb the course of governmental
+organization in the Territory of Kansas and produce there a condition of
+things which renders it incumbent on me to call your attention to the
+subject and urgently to recommend the adoption by you of such measures
+of legislation as the grave exigencies of the case appear to require.
+
+A brief exposition of the circumstances referred to and of their causes
+will be necessary to the full understanding of the recommendations which
+it is proposed to submit.
+
+The act to organize the Territories of Nebraska and Kansas was a
+manifestation of the legislative opinion of Congress on two great
+points of constitutional construction: One, that the designation of
+the boundaries of a new Territory and provision for its political
+organization and administration as a Territory are measures which of
+right fall within the powers of the General Government; and the other,
+that the inhabitants of any such Territory, considered as an inchoate
+State, are entitled, in the exercise of self-government, to determine
+for themselves what shall be their own domestic institutions, subject
+only to the Constitution and the laws duly enacted by Congress under
+it and to the power of the existing States to decide, according to
+the provisions and principles of the Constitution, at what time the
+Territory shall be received as a State into the Union. Such are the
+great political rights which are solemnly declared and affirmed by
+that act.
+
+Based upon this theory, the act of Congress defined for each Territory
+the outlines of republican government, distributing public authority
+among lawfully created agents--executive, judicial, and legislative--to
+be appointed either by the General Government or by the Territory.
+The legislative functions were intrusted to a council and a house of
+representatives, duly elected, and empowered to enact all the local laws
+which they might deem essential to their prosperity, happiness, and good
+government. Acting in the same spirit, Congress also defined the persons
+who were in the first instance to be considered as the people of each
+Territory, enacting that every free white male inhabitant of the same
+above the age of 21 years, being an actual resident thereof and
+possessing the qualifications hereafter described, should be entitled
+to vote at the first election and be eligible to any office within the
+Territory, but that the qualification of voters and holding office at
+all subsequent elections should be such as might be prescribed by the
+legislative assembly; provided, however, that the right of suffrage and
+of holding office should be exercised only by citizens of the United
+States and those who should have declared on oath their intention to
+become such and have taken an oath to support the Constitution of the
+United States and the provisions of the act; and provided further, that
+no officer, soldier, seaman, or marine or other person in the Army or
+Navy of the United States or attached to troops in their service should
+be allowed to vote or hold office in either Territory by reason of being
+on service therein.
+
+Such of the public officers of the Territories as by the provisions
+of the act were to be appointed by the General Government, including
+the governors, were appointed and commissioned in due season, the law
+having been enacted on the 30th of May, 1854, and the commission of
+the governor of the Territory of Nebraska being dated on the 2d day of
+August, 1854, and of the Territory of Kansas on the 29th day of June,
+1854. Among the duties imposed by the act on the governors was that of
+directing and superintending the political organization of the
+respective Territories.
+
+The governor of Kansas was required to cause a census or enumeration
+of the inhabitants and qualified voters of the several counties and
+districts of the Territory to be taken by such persons and in such mode
+as he might designate and appoint; to appoint and direct the time and
+places of holding the first elections, and the manner of conducting
+them, both as to the persons to superintend such elections and the
+returns thereof; to declare the number of the members of the council
+and the house of representatives for each county or district; to
+declare what persons might appear to be duly elected, and to appoint
+the time and place of the first meeting of the legislative assembly.
+In substance, the same duties were devolved on the governor of Nebraska.
+
+While by this act the principle of constitution for each of the
+Territories was one and the same and the details of organic legislation
+regarding both were as nearly as could be identical, and while the
+Territory of Nebraska was tranquilly and successfully organized in the
+due course of law, and its first legislative assembly met on the 16th
+of January, 1855, the organization of Kansas was long delayed, and has
+been attended with serious difficulties and embarrassments, partly the
+consequence of local maladministration and partly of the unjustifiable
+interference of the inhabitants of some of the States, foreign by
+residence, interests, and rights to the Territory.
+
+The governor of the Territory of Kansas, commissioned as before stated,
+on the 29th of June, 1854, did not reach the designated seat of his
+government until the 7th of the ensuing October, and even then failed
+to make the first step in its legal organization, that of ordering the
+census or enumeration of its inhabitants, until so late a day that the
+election of the members of the legislative assembly did not take place
+until the 30th of March, 1855, nor its meeting until the 2d of July,
+1855. So that for a year after the Territory was constituted by the act
+of Congress and the officers to be appointed by the Federal Executive
+had been commissioned it was without a complete government, without any
+legislative authority, without local law, and, of course, without the
+ordinary guaranties of peace and public order.
+
+In other respects the governor, instead of exercising constant vigilance
+and putting forth all his energies to prevent or counteract the
+tendencies to illegality which are prone to exist in all imperfectly
+organized and newly associated communities, allowed his attention to be
+diverted from official obligations by other objects, and himself set
+an example of the violation of law in the performance of acts which
+rendered it my duty in the sequel to remove him from the office of chief
+executive magistrate of the Territory.
+
+Before the requisite preparation was accomplished for election of a
+Territorial legislature, an election of Delegate to Congress had been
+held in the Territory on the 29th day of November, 1854, and the
+Delegate took his seat in the House of Representatives without
+challenge. If arrangements had been perfected by the governor so that
+the election for members of the legislative assembly might be held in
+the several precincts at the same time as for Delegate to Congress, any
+question appertaining to the qualification of the persons voting as
+people of the Territory would have passed necessarily and at once under
+the supervision of Congress, as the judge of the validity of the return
+of the Delegate, and would have been determined before conflicting
+passions had become inflamed by time, and before opportunity could have
+been afforded for systematic interference of the people of individual
+States.
+
+This interference, in so far as concerns its primary causes and its
+immediate commencement, was one of the incidents of that pernicious
+agitation on the subject of the condition of the colored persons held
+to service in some of the States which has so long disturbed the repose
+of our country and excited individuals, otherwise patriotic and law
+abiding, to toil with misdirected zeal in the attempt to propagate their
+social theories by the perversion and abuse of the powers of Congress.
+
+The persons and the parties whom the tenor of the act to organize the
+Territories of Nebraska and Kansas thwarted in the endeavor to impose,
+through the agency of Congress, their particular views of social
+organization on the people of the future new States now perceiving
+that the policy of leaving the inhabitants of each State to judge for
+themselves in this respect was ineradicably rooted in the convictions
+of the people of the Union, then had recourse, in the pursuit of
+their general object, to the extraordinary measure of propagandist
+colonization of the Territory of Kansas to prevent the free and natural
+action of its inhabitants in its internal organization, and thus to
+anticipate or to force the determination of that question in this
+inchoate State.
+
+With such views associations were organized in some of the States, and
+their purposes were proclaimed through the press in language extremely
+irritating and offensive to those of whom the colonists were to become
+the neighbors. Those designs and acts had the necessary consequence to
+awaken emotions of intense indignation in States near to the Territory
+of Kansas, and especially in the adjoining State of Missouri, whose
+domestic peace was thus the most directly endangered; but they are far
+from justifying the illegal and reprehensible countermovements which
+ensued.
+
+Under these inauspicious circumstances the primary elections for members
+of the legislative assembly were held in most, if not all, of the
+precincts at the time and the places and by the persons designated and
+appointed by the governor according to law.
+
+Angry accusations that illegal votes had been polled abounded on all
+sides, and imputations were made both of fraud and violence. But the
+governor, in the exercise of the power and the discharge of the duty
+conferred and imposed by law on him alone, officially received and
+considered the returns, declared a large majority of the members of
+the council and the house of representatives "duly elected," withheld
+certificates from others because of alleged illegality of votes,
+appointed a new election to supply the places of the persons not
+certified, and thus at length, in all the forms of statute, and with
+his own official authentication, complete legality was given to the
+first legislative assembly of the Territory.
+
+Those decisions of the returning officers and of the governor are final,
+except that by the parliamentary usage of the country applied to the
+organic law it may be conceded that each house of the assembly must have
+been competent to determine in the last resort the qualifications and
+the election of its members. The subject was by its nature one
+appertaining exclusively to the jurisdiction of the local authorities
+of the Territory. Whatever irregularities may have occurred in the
+elections, it seems too late now to raise that question. At all events,
+it is a question as to which, neither now nor at any previous time, has
+the least possible legal authority been possessed by the President of
+the United States. For all present purposes the legislative body thus
+constituted and elected was the legitimate legislative assembly of the
+Territory.
+
+Accordingly the governor by proclamation convened the assembly thus
+elected to meet at a place called Pawnee City; the two houses met and
+were duly organized in the ordinary parliamentary form; each sent to and
+received from the governor the official communications usual on such
+occasions; an elaborate message opening the session was communicated by
+the governor, and the general business of legislation was entered upon
+by the legislative assembly.
+
+But after a few days the assembly resolved to adjourn to another place
+in the Territory. A law was accordingly passed, against the consent
+of the governor, but in due form otherwise, to remove the seat of
+government temporarily to the "Shawnee Manual Labor School" (or
+mission), and thither the assembly proceeded. After this, receiving
+a bill for the establishment of a ferry at the town of Kickapoo, the
+governor refused to sign it, and by special message assigned for reason
+of refusal not anything objectionable in the bill itself nor any
+pretense of the illegality or incompetency of the assembly as such, but
+only the fact that the assembly had by its act transferred the seat of
+government temporarily from Pawnee City to the Shawnee Mission. For
+the same reason he continued to refuse to sign other bills until in the
+course of a few days he by official message communicated to the assembly
+the fact that he had received notification of the termination of his
+functions as governor, and that the duties of the office were legally
+devolved on the secretary of the Territory; thus to the last recognizing
+the body as a duly elected and constituted legislative assembly.
+
+It will be perceived that if any constitutional defect attached to the
+legislative acts of the assembly it is not pretended to consist in
+irregularity of election or want of qualification of the members,
+but only in the change of its place of session. However trivial this
+objection may seem to be, it requires to be considered, because upon it
+is founded all that superstructure of acts, plainly against law, which
+now threaten the peace, not only of the Territory of Kansas, but of
+the Union.
+
+Such an objection to the proceedings of the legislative assembly was
+of exceptionable origin, for the reason that by the express terms of
+the organic law the seat of government of the Territory was "located
+temporarily at Fort Leavenworth;" and yet the governor himself remained
+there less than two months, and of his own discretion transferred the
+seat of government to the Shawnee Mission, where it in fact was at the
+time the assembly were called to meet at Pawnee City. If the governor
+had any such right to change temporarily the seat of government, still
+more had the legislative assembly. The objections are of exceptionable
+origin for the further reason that the place indicated by the governor,
+without having any exclusive claim of preference in itself, was a
+proposed town site only, which he and others were attempting to
+locate unlawfully upon land within a military reservation, and for
+participation in which illegal act the commandant of the post, a
+superior officer in the Army, has been dismissed by sentence of
+court-martial. Nor is it easy to see why the legislative assembly might
+not with propriety pass the Territorial act transferring its sittings to
+the Shawnee Mission. If it could not, that must be on account of some
+prohibitory or incompatible provision of act of Congress; but no such
+provision exists. The organic act, as already quoted, says "the seat
+of government is hereby located temporarily at Fort Leavenworth;" and
+it then provides that certain of the public buildings there "may be
+occupied and used under the direction of the governor and legislative
+assembly." These expressions might possibly be construed to imply that
+when, in a previous section of the act, it was enacted that "the first
+legislative assembly shall meet at such place and on such day as
+the governor shall appoint," the word "place" means place at Fort
+Leavenworth, not place anywhere in the Territory. If so, the governor
+would have been the first to err in this matter, not only in himself
+having removed the seat of government to the Shawnee Mission, but in
+again removing it to Pawnee City. If there was any departure from the
+letter of the law, therefore, it was his in both instances. But however
+this may be, it is most unreasonable to suppose that by the terms of
+the organic act Congress intended to do impliedly what it has not done
+expressly--that is, to forbid to the legislative assembly the power
+to choose any place it might see fit as the temporary seat of its
+deliberations. That is proved by the significant language of one of
+the subsequent acts of Congress on the subject--that of March 3,
+1855--which, in making appropriation for public buildings of the
+Territory, enacts that the same shall not be expended "until the
+legislature of said Territory shall have fixed by law the permanent
+seat of government." Congress in these expressions does not profess
+to be granting the power to fix the permanent seat of government, but
+recognizes the power as one already granted. But how? Undoubtedly by the
+comprehensive provision of the organic act itself, which declares that
+"the legislative power of the Territory shall extend to all rightful
+subjects of legislation consistent with the Constitution of the United
+States and the provisions of this act." If in view of this act the
+legislative assembly had the large power to fix the permanent seat
+of government at any place in its discretion, of course by the same
+enactment it had the less and the included power to fix it temporarily.
+
+Nevertheless, the allegation that the acts of the legislative assembly
+were illegal by reason of this removal of its place of session was
+brought forward to justify the first great movement in disregard of
+law within the Territory. One of the acts of the legislative assembly
+provided for the election of a Delegate to the present Congress, and a
+Delegate was elected under that law. But subsequently to this a portion
+of the people of the Territory proceeded without authority of law to
+elect another Delegate.
+
+Following upon this movement was another and more important one of the
+same general character. Persons confessedly not constituting the body
+politic or all the inhabitants, but merely a party of the inhabitants,
+and without law, have undertaken to summon a convention for the purpose
+of transforming the Territory into a State, and have framed a
+constitution, adopted it, and under it elected a governor and other
+officers and a Representative to Congress. In extenuation of these
+illegal acts it is alleged that the States of California, Michigan, and
+others were self-organized, and as such were admitted into the Union
+without a previous enabling act of Congress. It is true that while
+in a majority of cases a previous act of Congress has been passed to
+authorize the Territory to present itself as a State, and that this is
+deemed the most regular course, yet such an act has not been held to be
+indispensable, and in some cases the Territory has proceeded without it,
+and has nevertheless been admitted into the Union as a State. It lies
+with Congress to authorize beforehand or to confirm afterwards, in
+its discretion. But in no instance has a State been admitted upon the
+application of persons acting against authorities duly constituted by
+act of Congress. In every case it is the people of the Territory, not
+a party among them, who have the power to form a constitution and ask
+for admission as a State. No principle of public law, no practice or
+precedent under the Constitution of the United States, no rule of
+reason, right, or common sense, confers any such power as that now
+claimed by a mere party in the Territory. In fact what has been done
+is of revolutionary character. It is avowedly so in motive and in aim
+as respects the local law of the Territory. It will become treasonable
+insurrection if it reach the length of organized resistance by force to
+the fundamental or any other Federal law and to the authority of the
+General Government. In such an event the path of duty for the Executive
+is plain. The Constitution requiring him to take care that the laws of
+the United States be faithfully executed, if they be opposed in the
+Territory of Kansas he may, and should, place at the disposal of the
+marshal any public force of the United States which happens to be within
+the jurisdiction, to be used as a portion of the _posse comitatus_; and
+if that do not suffice to maintain order, then he may call forth the
+militia of one or more States for that object, or employ for the same
+object any part of the land or naval force of the United States. So,
+also, if the obstruction be to the laws of the Territory, and it be
+duly presented to him as a case of insurrection, he may employ for its
+suppression the militia of any State or the land or naval force of the
+United States. And if the Territory be invaded by the citizens of other
+States, whether for the purpose of deciding elections or for any other,
+and the local authorities find themselves unable to repel or withstand
+it, they will be entitled to, and upon the fact being fully ascertained
+they shall most certainly receive, the aid of the General Government.
+
+But it is not the duty of the President of the United States to
+volunteer interposition by force to preserve the purity of elections
+either in a State or Territory. To do so would be subversive of public
+freedom. And whether a law be wise or unwise, just or unjust, is not a
+question for him to judge. If it be constitutional--that is, if it be
+the law of the land--it is his duty to cause it to be executed, or to
+sustain the authorities of any State or Territory in executing it in
+opposition to all insurrectionary movements.
+
+Our system affords no justification of revolutionary acts, for the
+constitutional means of relieving the people of unjust administration
+and laws, by a change of public agents and by repeal, are ample, and
+more prompt and effective than illegal violence. These means must be
+scrupulously guarded, this great prerogative of popular sovereignty
+sacredly respected.
+
+It is the undoubted right of the peaceable and orderly people of the
+Territory of Kansas to elect their own legislative body, make their
+own laws, and regulate their own social institutions, without foreign
+or domestic molestation. Interference on the one hand to procure the
+abolition or prohibition of slave labor in the Territory has produced
+mischievous interference on the other for its maintenance or
+introduction. One wrong begets another. Statements entirely unfounded,
+or grossly exaggerated, concerning events within the Territory are
+sedulously diffused through remote States to feed the flame of sectional
+animosity there, and the agitators there exert themselves indefatigably
+in return to encourage and stimulate strife within the Territory.
+
+The inflammatory agitation, of which the present is but a part, has for
+twenty years produced nothing save unmitigated evil, North and South.
+But for it the character of the domestic institutions of the future new
+State would have been a matter of too little interest to the inhabitants
+of the contiguous States, personally or collectively, to produce among
+them any political emotion. Climate, soil, production, hopes of rapid
+advancement and the pursuit of happiness on the part of the settlers
+themselves, with good wishes, but with no interference from without,
+would have quietly determined the question which is at this time of such
+disturbing character.
+
+But we are constrained to turn our attention to the circumstances of
+embarrassment as they now exist. It is the duty of the people of Kansas
+to discountenance every act or purpose of resistance to its laws. Above
+all, the emergency appeals to the citizens of the States, and especially
+of those contiguous to the Territory, neither by intervention of
+nonresidents in elections nor by unauthorized military force to attempt
+to encroach upon or usurp the authority of the inhabitants of the
+Territory.
+
+No citizen of our country should permit himself to forget that he is a
+part of its Government and entitled to be heard in the determination
+of its policy and its measures, and that therefore the highest
+considerations of personal honor and patriotism require him to maintain
+by whatever of power or influence he may possess the integrity of the
+laws of the Republic.
+
+Entertaining these views, it will be my imperative duty to exert the
+whole power of the Federal Executive to support public order in the
+Territory; to vindicate its laws, whether Federal or local, against all
+attempts of organized resistance, and so to protect its people in the
+establishment of their own institutions, undisturbed by encroachment
+from without, and in the full enjoyment of the rights of self-government
+assured to them by the Constitution and the organic act of Congress.
+
+Although serious and threatening disturbances in the Territory of
+Kansas, announced to me by the governor in December last, were speedily
+quieted without the effusion of blood and in a satisfactory manner,
+there is, I regret to say, reason to apprehend that disorders will
+continue to occur there, with increasing tendency to violence, until
+some decisive measure be taken to dispose of the question itself which
+constitutes the inducement or occasion of internal agitation and of
+external interference.
+
+This, it seems to me, can best be accomplished by providing that when
+the inhabitants of Kansas may desire it and shall be of sufficient
+number to constitute a State, a convention of delegates, duly elected by
+the qualified voters, shall assemble to frame a constitution, and thus
+to prepare through regular and lawful means for its admission into the
+Union as a State.
+
+I respectfully recommend the enactment of a law to that effect.
+
+I recommend also that a special appropriation be made to defray any
+expense which may become requisite in the execution of the laws or the
+maintenance of public order in the Territory of Kansas.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 25, 1856_.
+
+_To the Senate of the United States_:
+
+By the inclosed letter of the Secretary of the Treasury it appears that
+$24,233 belonging to the Chickasaw Indians should be invested in stocks
+of the United States, by and with the advice and consent of the Senate.
+I therefore recommend that the necessary authority be given for that
+purpose.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 28, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, in answer to
+the resolution of the Senate of the 10th of January, calling for the
+correspondence between the Secretary of State and Edward Worrell while
+the latter was acting as consul at Matanzas in relation to the estates
+of deceased American citizens on the island of Cuba.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January, 1856_.
+
+_To the Senate_:
+
+I transmit herewith a copy of the "proceedings of the court-martial in
+the case of Colonel Montgomery, of the United States Army," as requested
+by the resolution of the Senate of the 7th instant.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 5, 1856_.
+
+_To the Senate of the United States_:
+
+In further compliance with the Senate's resolution adopted in executive
+session on the 15th January last, in respect to the correspondence
+relating to the estates of deceased American citizens on the island of
+Cuba, I transmit a report from the Secretary of State, with the papers
+which accompanied it.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, in answer to the
+resolution of the Senate of the 17th ultimo, requesting transcripts
+of certain correspondence and other papers touching the Republics of
+Nicaragua and Costa Rica, the Mosquito Indians, and the convention
+between the United States and Great Britain of April 19, 1850.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 18, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 4th instant,
+requesting transcripts of certain papers relative to the affairs of the
+Territory of Kansas, I transmit a report from the Secretary of State and
+the documents which accompanied it.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 21, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report of the Secretary of War and accompanying
+documents, also of the Secretary of the Navy and accompanying documents,
+in answer to a resolution of the Senate passed the 11th February,
+"that the President of the United States be requested to communicate
+to the Senate copies of all the correspondence between the different
+Departments of the Government and the officers of the Army and Navy
+(not heretofore communicated) on the Pacific Coast touching the Indian
+disturbances in California, Oregon, and Washington."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 25, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of the 7th of March last from the acting
+commissioner of the United States in China, and of the regulations and
+notification which accompanied it, for such revision thereof as Congress
+may deem expedient, pursuant to the sixth section of the act approved
+11th August, 1848.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 25, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded on the 17th October, 1855, by and
+between A. Cumming and Isaac I. Stevens, commissioners on the part of
+the United States, and the Blackfeet and other tribes of Indians on the
+Upper Missouri and Yellowstone rivers.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 26, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I herewith transmit and recommend to the favorable consideration of
+Congress a communication from the Secretary of War, asking a special
+appropriation of $3,000,000 to prepare armaments and ammunition for the
+fortifications, to increase the supply of improved small arms, and to
+apply recent improvements to arms of old patterns belonging to the
+United States and the several States.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 27, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 25th instant,
+I transmit reports[52] from the Secretary of State and the
+Attorney-General, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+[Footnote 52: Relating to the enlistment of soldiers within the United
+States by agents of the British Government.]
+
+
+
+WASHINGTON, _February 29, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[53] in answer to the resolution of the Senate of yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 53: Relating to an offer of the British Government to refer
+to the arbitrament of some friendly power the questions of difference
+between the United States and Great Britain upon the construction of
+the convention of April 19, 1850.]
+
+
+
+WASHINGTON, _March 4, 1856_.
+
+_To the House of Representatives_:
+
+I transmit a report on the commercial relations of the United States
+with all foreign nations, in answer to the resolution of the House of
+Representatives of December 14, 1853.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March, 4, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith communicate to the Senate, for its constitutional action
+thereon, two treaties recently negotiated by Francis Huebochmann, the
+superintendent of Indian affairs for the northern superintendency, one
+with the Menominee Indians and the other with the Stockbridge and Munsee
+Indians, and more particularly referred to in the accompanying
+communications of the Secretary of the Interior of this date.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 5, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 21st ultimo,
+I transmit herewith a report from the Secretary of the Interior, with
+accompanying papers.[54]
+
+FRANKLIN PIERCE.
+
+[Footnote 54: Correspondence relative to transportation of the mails,
+etc., over the Illinois Central Railroad.]
+
+
+
+EXECUTIVE OFFICE, _March 5, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I present herewith a communication from the Secretary of the Interior,
+in relation to Indian disturbances in the Territories of Oregon and
+Washington, and recommending an immediate appropriation of $300,000.
+I commend this subject to your early consideration.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 5, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 26th ultimo, requesting
+information in regard to the site selected for the building to be used
+for the preservation of the ordnance, arms, etc., of the United States,
+under the act approved March 3, 1855, I transmit a letter from the
+Secretary of War, with an accompanying report of the Chief of Ordnance,
+containing the information.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 10, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 21st ultimo,
+requesting the President of the United States to "communicate to
+the Senate any correspondence which may have taken place between the
+Illinois Central Railroad Company and any of the Departments of the
+Government," etc., I transmit herewith communications from the Secretary
+of the Treasury and from the Postmaster-General, together with the
+accompanying papers.[55]
+
+FRANKLIN PIERCE.
+
+[Footnote 55: Correspondence relative to transportation of the mails,
+etc., over the Illinois Central Railroad.]
+
+
+
+WASHINGTON, _March 14, 1856_.
+
+_To the House of Representatives_:
+
+I herewith communicate to the House of Representatives, in compliance
+with their resolution of the 28th ultimo, a report from the Secretary
+of the Interior, containing such information as is in possession of his
+Department touching the cause of the difficulties existing between the
+Creek and Seminole Indians since their emigration west of the
+Mississippi River.
+
+FRANKLIN PIERCE.
+
+
+
+_To the House of Representatives_:
+
+I herewith transmit to the House of Representatives a report of the
+Secretary of War, with copies prepared in compliance with a resolution
+of the House of the 28th ultimo, requesting "copies of all
+correspondence, documents, and papers in relation to the compensation
+and emoluments of Brevet Lieutenant-General Scott under the joint
+resolution of Congress approved February 15, 1855."
+
+FRANKLIN PIERCE.
+
+MARCH 17, 1856.
+
+
+
+
+WASHINGTON, _March 17, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 27th
+ultimo, on the subject of correspondence between this Government and
+that of Great Britain touching the Clayton and Bulwer convention,
+I transmit a report from the Secretary of State, to whom the resolution
+was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 17, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the copy of a correspondence which has recently
+taken place between Her Britannic Majesty's minister accredited to this
+Government and the Secretary of State, in order that the expediency of
+sanctioning the acceptance by the officers of the United States who were
+in the American expedition in search of Sir John Franklin of such token
+of thankfulness as may be offered to them on the part of Her Majesty's
+Government for their services on the occasion referred to may be taken
+into consideration.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 20, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 26th ultimo,
+I herewith communicate "a copy of the report, with the maps, of an
+exploration of the Big Witchitaw and the head waters of the Brazos
+rivers, made by Captain R.B. Marcy, of the United States Army, while
+engaged in locating lands for the Indians of Texas in the year 1854."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 24, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+18th of last month, requesting the transmission of documents touching
+the affairs of the Territory of Kansas, I transmit a report from the
+Secretary of State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, March 24, 1856_.
+
+Hon. NATHANIEL P. BANKS,
+
+_Speaker of the House of Representatives_:
+
+I herewith transmit to the House of Representatives, in obedience to
+their resolution of the 17th instant, a communication from the Secretary
+of the Interior, accompanied by a copy of the report of Superintendent
+Cumming in regard to his late expedition among the tribes of Indians on
+the Upper Missouri.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 1, 1856_.
+
+_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 Grand Duchy
+of Baden for the mutual surrender of fugitive criminals, concluded at
+Berlin on the 10th ultimo.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 3, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th ultimo, requesting
+additional documents relating to the condition of affairs in Kansas
+Territory, I transmit a report from the Secretary of State, to whom the
+resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 9, 1856_.
+
+_To the Senate and House of Representatives_:
+
+In execution of an act of Congress entitled "An act to provide for the
+accommodation of the courts of the United States for the district of
+Maryland and for a post-office at Baltimore city, Md.," approved
+February 17, 1855, I communicate herewith, for the consideration of
+Congress, copies of conditional contracts which I have caused to be
+executed for two sites, with buildings thereon, together with plans
+and estimates for fitting up and furnishing the same.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 9, 1856_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, with accompanying
+document,[56] in compliance with the resolution of the House of
+Representatives of the 4th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 56: Dispatch from the United States minister at Naples relative
+to the saving from shipwreck of certain American vessels and their crews
+by officers of the Neapolitan navy and marine service.]
+
+
+
+WASHINGTON, _April 10th, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report of the Secretary of the Interior, with
+accompanying documents, in compliance with a resolution of the Senate
+of the 6th ultimo. The documents, it is believed, contain all the
+information in the Executive Departments upon the subject[57] to which
+the resolution refers.
+
+FRANKLIN PIERCE.
+
+[Footnote 57: Claim of Richard W. Thompson for alleged services to the
+Menominee Indians.]
+
+
+
+WASHINGTON, _April, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a letter from the Secretary of the
+Interior and a copy of a conditional contract entered into, under
+instructions from that Department, for the purchase of a lot and
+the building thereon, for the use of the United States courts at
+Philadelphia, in the State of Pennsylvania, and recommend that an
+appropriation of $78,000 be made to complete the same.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 14, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of War, with the
+accompanying documents, in answer to the resolution of the Senate of the
+7th instant, respecting "the steps pursued in execution of the clause
+of the act making appropriations for the civil and diplomatic expenses
+of the Government, approved March 3, 1855, which provides for the
+construction of an armory for the District of Columbia."
+
+The selection of the site was made after a full hearing of the parties
+interested and a personal examination by myself of all the sites
+suggested as suitable for the purpose.
+
+It will be perceived upon an examination of the accompanying documents
+that although two additional purposes were added by Congress after
+the estimate of the War Department was made, and the expense of the
+structure consequently increased, still by the terms of my indorsement
+on the report of the colonel of ordnance fixing the site, the size and
+arrangement of the building were to be such that it could be _completed_
+without exceeding the appropriation of $30,000, and that this
+requirement has been strictly adhered to in every stage of the
+proceedings.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 14, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of State, with the
+accompanying documents, in answer to the resolution of the Senate of
+the 20th ultimo, respecting the adjustment of the boundary line and the
+payment of the three millions under the treaty with Mexico of the 30th
+June [December], 1853.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 17, 1856_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+I transmit herewith reports of the Secretaries of the War and
+Interior Departments, in response to the resolution of the House of
+Representatives of the 31st ultimo, calling for information in relation
+to the origin, progress, and present condition of Indian hostilities in
+the Territories of Oregon and Washington, and also of the means which
+have been adopted to preserve peace and protect the inhabitants of said
+Territories.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 29, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit herewith the report of the Secretary of State, with the
+accompanying documents, in answer to the resolution of the Senate of the
+24th February, 1855, in relation to the settlement of the controversy
+respecting the Lobos Islands.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _April 30, 1856_.
+
+_To the House of Representatives_:
+
+I transmit herewith to the House of Representatives a report[58] from the
+Secretary of State, in answer to their resolution of the 7th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 58: Relating to indemnification by the Spanish Government of
+the captains, owners, and crews of the bark _Georgiana_ and the brig
+_Susan Loud_ for their capture and confiscation by the Spanish
+authorities.]
+
+
+
+WASHINGTON, _May 3, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I communicate herewith a letter of the Postmaster-General, with
+accompanying correspondence, in relation to mail transportation between
+our Atlantic and Pacific possessions, and earnestly commend the subject
+to the early consideration of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 3, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a letter from the Secretary of War, with
+accompanying papers, in response to a resolution of the Senate of the
+21st ultimo, upon the subject of damages which will be "incurred by the
+United States in case of the repeal of so much of the act of March 3,
+1855, as provides for the construction of an armory in the District of
+Columbia," and also a further answer from the Secretary of War to the
+resolution of the Senate of the 7th ultimo, requesting a full report
+of the steps pursued in execution of the clause of the act making
+appropriations for the civil and diplomatic expenses of the Government,
+approved March 2, 1855, which provides for the construction of the
+armory in this District before referred to.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith reports of the Secretary of State, the Secretary
+of the Navy, and the Attorney-General, in reply to a resolution of the
+Senate of the 24th of March last, and also to a resolution of the House
+of Representatives of the 8th of May instant, both having reference to
+the routes of transit between the Atlantic and Pacific oceans through
+the Republics of New Granada and Nicaragua and to the condition of
+affairs in Central America.
+
+These documents relate to questions of the highest importance and
+interest to the people of the United States.
+
+The narrow isthmus which connects the continents of North and South
+America, by the facilities it affords for easy transit between the
+Atlantic and Pacific oceans, rendered the countries of Central America
+an object of special consideration to all maritime nations, which has
+been greatly augmented in modern times by the operation of changes in
+commercial relations, especially those produced by the general use of
+steam as a motive power by land and sea. To us, on account of its
+geographical position and of our political interest as an American State
+of primary magnitude, that isthmus is of peculiar importance, just as
+the Isthmus of Suez is, for corresponding reasons, to the maritime
+powers of Europe. But above all, the importance to the United States of
+securing free transit across the American isthmus has rendered it of
+paramount interest to us since the settlement of the Territories of
+Oregon and Washington and the accession of California to the Union.
+
+Impelled by these considerations, the United States took steps at an
+early day to assure suitable means of commercial transit by canal
+railway, or otherwise across this isthmus.
+
+We concluded, in the first place, a treaty of peace, amity, navigation,
+and commerce with the Republic of New Granada, among the conditions of
+which was a stipulation on the part of New Granada guaranteeing to the
+United States the right of way or transit across that part of the
+Isthmus which lies in the territory of New Granada, in consideration of
+which the United States guaranteed in respect of the same territory the
+rights of sovereignty and property of New Granada.
+
+The effect of this treaty was to afford to the people of the United
+States facilities for at once opening a common road from Chagres to
+Panama and for at length constructing a railway in the same direction,
+to connect regularly with steamships, for the transportation of mails,
+specie, and passengers to and fro between the Atlantic and Pacific
+States and Territories of the United States.
+
+The United States also endeavored, but unsuccessfully, to obtain from
+the Mexican Republic the cession of the right of way at the northern
+extremity of the Isthmus by Tehuantepec, and that line of communication
+continues to be an object of solicitude to the people of this Republic.
+
+In the meantime, intervening between the Republic of New Granada and
+the Mexican Republic lie the States of Guatemala, Salvador, Honduras,
+Nicaragua, and Costa Rica, the several members of the former Republic of
+Central America. Here, in the territory of the Central American States,
+is the narrowest part of the Isthmus, and hither, of course, public
+attention has been directed as the most inviting field for enterprises
+of interoceanic communication between the opposite shores of America,
+and more especially to the territory of the States of Nicaragua and
+Honduras.
+
+Paramount to that of any European State, as was the interest of
+the United States in the security and freedom of projected lines of
+travel across the Isthmus by the way of Nicaragua and Honduras, still
+we did not yield in this respect to any suggestions of territorial
+aggrandizement, or even of exclusive advantage, either of communication
+or of commerce. Opportunities had not been wanting to the United States
+to procure such advantage by peaceful means and with full and free
+assent of those who alone had any legitimate authority in the matter.
+We disregarded those opportunities from considerations alike of domestic
+and foreign policy, just as, even to the present day, we have persevered
+in a system of justice and respect for the rights and interests of
+others as well as our own in regard to each and all of the States of
+Central America.
+
+It was with surprise and regret, therefore, that the United States
+learned a few days after the conclusion of the treaty of Guadalupe
+Hidalgo, by which the United States became, with the consent of the
+Mexican Republic, the rightful owners of California, and thus invested
+with augmented special interest in the political condition of Central
+America, that a military expedition, under the authority of the British
+Government, had landed at San Juan del Norte, in the State of Nicaragua,
+and taken forcible possession of that port, the necessary terminus of
+any canal or railway across the Isthmus within the territories of
+Nicaragua.
+
+It did not diminish the unwelcomeness to us of this act on the part of
+Great Britain to find that she assumed to justify it on the ground of
+an alleged protectorship of a small and obscure band of uncivilized
+Indians, whose proper name had even become lost to history, who did not
+constitute a state capable of territorial sovereignty either in fact or
+of right, and all political interest in whom and in the territory they
+occupied Great Britain had previously renounced by successive treaties
+with Spain when Spain was sovereign to the country and subsequently with
+independent Spanish America.
+
+Nevertheless, and injuriously affected as the United States conceived
+themselves to have been by this act of the British Government and by its
+occupation about the same time of insular and of continental portions
+of the territory of the State of Honduras, we remembered the many and
+powerful ties and mutual interests by which Great Britain and the United
+States are associated, and we proceeded in earnest good faith and with
+a sincere desire to do whatever might strengthen the bonds of peace
+between us to negotiate with Great Britain a convention to assure the
+perfect neutrality of all interoceanic communications across the Isthmus
+and, as the indispensable condition of such neutrality, the absolute
+independence of the States of Central America and their complete
+sovereignty within the limits of their own territory as well against
+Great Britain as against the United States. We supposed we had
+accomplished that object by the convention of April 19, 1850, which
+would never have been signed nor ratified on the part of the United
+States but for the conviction that in virtue of its provisions neither
+Great Britain nor the United States was thereafter to exercise any
+territorial sovereignty in fact or in name in any part of Central
+America, however or whensoever acquired, either before or afterwards.
+The essential object of the convention--the neutralization of the
+Isthmus--would, of course, become a nullity if either Great Britain
+or the United States were to continue to hold exclusively islands or
+mainland of the Isthmus, and more especially if, under any claim of
+protectorship of Indians, either Government were to remain forever
+sovereign in fact of the Atlantic shores of the three States of Costa
+Rica, Nicaragua, and Honduras.
+
+I have already communicated to the two Houses of Congress full
+information of the protracted and hitherto fruitless efforts which the
+United States have made to arrange this international question with
+Great Britain. It is referred to on the present occasion only because of
+its intimate connection with the special object now to be brought to the
+attention of Congress.
+
+The unsettled political condition of some of the Spanish American
+Republics has never ceased to be regarded by this Government with
+solicitude and regret on their own account, while it has been the source
+of continual embarrassment in our public and private relations with
+them. In the midst of the violent revolutions and the wars by which they
+are continually agitated, their public authorities are unable to afford
+due protection to foreigners and to foreign interests within their
+territory, or even to defend their own soil against individual
+aggressors, foreign or domestic, the burden of the inconveniences and
+losses of which therefore devolves in no inconsiderable degree upon the
+foreign states associated with them in close relations of geographical
+vicinity or of commercial intercourse.
+
+Such is more emphatically the situation of the United States
+with respect to the Republics of Mexico and of Central America.
+Notwithstanding, however, the relative remoteness of the European
+States from America, facts of the same order have not failed to appear
+conspicuously in their intercourse with Spanish American Republics.
+Great Britain has repeatedly been constrained to recur to measures of
+force for the protection of British interests in those countries. France
+found it necessary to attack the castle of San Juan de Uloa and even to
+debark troops at Vera Cruz in order to obtain redress of wrongs done to
+Frenchmen in Mexico.
+
+What is memorable in this respect in the conduct and policy of the
+United States is that while it would be as easy for us to annex and
+absorb new territories in America as it is for European States to do
+this in Asia or Africa, and while if done by us it might be justified as
+well on the alleged ground of the advantage which would accrue therefrom
+to the territories annexed and absorbed, yet we have abstained from
+doing it, in obedience to considerations of right not less than of
+policy; and that while the courageous and self-reliant spirit of our
+people prompts them to hardy enterprises, and they occasionally yield to
+the temptation of taking part in the troubles of countries near at hand,
+where they know how potential their influence, moral and material, must
+be, the American Government has uniformly and steadily resisted all
+attempts of individuals in the United States to undertake armed
+aggression against friendly Spanish American Republics.
+
+While the present incumbent of the executive office has been in
+discharge of its duties he has never failed to exert all the authority
+in him vested to repress such enterprises, because they are in violation
+of the law of the land, which the Constitution requires him to execute
+faithfully; because they are contrary to the policy of the Government,
+and because to permit them would be a departure from good faith toward
+those American Republics in amity with us, which are entitled to, and
+will never cease to enjoy, in their calamities the cordial sympathy, and
+in their prosperity the efficient good will, of the Government and of
+the people of the United States.
+
+To say that our laws in this respect are sometimes violated or
+successfully evaded is only to say what is true of all laws in all
+countries, but not more so in the United States than in any one whatever
+of the countries of Europe. Suffice it to repeat that the laws of
+the United States prohibiting all foreign military enlistments or
+expeditions within our territory have been executed with impartial
+good faith, and, so far as the nature of things permits, as well in
+repression of private persons as of the official agents of other
+Governments, both of Europe and America.
+
+Among the Central American Republics to which modern events have
+imparted most prominence is that of Nicaragua, by reason of its
+particular position on the Isthmus. Citizens of the United States have
+established in its territory a regular interoceanic transit route,
+second only in utility and value to the one previously established in
+the territory of New Granada. The condition of Nicaragua would, it is
+believed, have been much more prosperous than it has been but for the
+occupation of its only Atlantic port by a foreign power, and of the
+disturbing authority set up and sustained by the same power in a portion
+of its territory, by means of which its domestic sovereignty was
+impaired, its public lands were withheld from settlement, and it was
+deprived of all the maritime revenue which it would otherwise collect
+on imported merchandise at San Juan del Norte.
+
+In these circumstances of the political debility of the Republic of
+Nicaragua, and when its inhabitants were exhausted by long-continued
+civil war between parties neither of them strong enough to overcome
+the other or permanently maintain internal tranquillity, one of
+the contending factions of the Republic invited the assistance and
+cooperation of a small body of citizens of the United States from the
+State of California, whose presence, as it appears, put an end at once
+to civil war and restored apparent order throughout the territory of
+Nicaragua, with a new administration, having at its head a distinguished
+individual, by birth a citizen of the Republic, D. Patricio Rivas,
+as its provisional President.
+
+It is the established policy of the United States to recognize all
+governments without question of their source or their organization, or
+of the means by which the governing persons attain their power, provided
+there be a government _de facto_ accepted by the people of the country,
+and with reserve only of the time as to the recognition of revolutionary
+governments arising out of the subdivision of parent states with which
+we are in relations of amity. We do not go behind the fact of a foreign
+government exercising actual power to investigate questions of
+legitimacy; we do not inquire into the causes which may have led to
+a change of government. To us it is indifferent whether a successful
+revolution has been aided by foreign intervention or not; whether
+insurrection has overthrown existing government, and another has been
+established in its place according to preexisting forms or in a manner
+adopted for the occasion by those whom we may find in the actual
+possession of power. All these matters we leave to the people and
+public authorities of the particular country to determine; and their
+determination, whether it be by positive action or by ascertained
+acquiescence, is to us a sufficient warranty of the legitimacy of
+the new government.
+
+During the sixty-seven years which have elapsed since the establishment
+of the existing Government of the United States, in all which time this
+Union has maintained undisturbed domestic tranquillity, we have had
+occasion to recognize governments _de facto_, founded either by domestic
+revolution or by military invasion from abroad, in many of the
+Governments of Europe.
+
+It is the more imperatively necessary to apply this rule to the
+Spanish American Republics, in consideration of the frequent and not
+seldom anomalous changes of organization or administration which they
+undergo and the revolutionary nature of most of these changes, of
+which the recent series of revolutions in the Mexican Republic is an
+example, where five successive revolutionary governments have made
+their appearance in the course of a few months and been recognized
+successively, each as the political power of that country, by the
+United States.
+
+When, therefore, some time since, a new minister from the Republic of
+Nicaragua presented himself, bearing the commission of President Rivas,
+he must and would have been received as such, unless he was found
+on inquiry subject to personal exception, but for the absence of
+satisfactory information upon the question whether President Rivas was
+_in fact_ the head of an established Government of the Republic of
+Nicaragua, doubt as to which arose not only from the circumstances of
+his avowed association with armed emigrants recently from the United
+States, but that the proposed minister himself was of that class of
+persons, and not otherwise or previously a citizen of Nicaragua.
+
+Another minister from the Republic of Nicaragua has now presented
+himself, and has been received as such, satisfactory evidence appearing
+that he represents the Government _de facto_ and, so far as such exists,
+the Government _de jure_ of that Republic.
+
+That reception, while in accordance with the established policy of the
+United States, was likewise called for by the most imperative special
+exigencies, which require that this Government shall enter at once into
+diplomatic relations with that of Nicaragua. In the first place, a
+difference has occurred between the Government of President Rivas and
+the Nicaragua Transit Company, which involves the necessity of inquiry
+into rights of citizens of the United States, who allege that they
+have been aggrieved by the acts of the former and claim protection
+and redress at the hands of their Government. In the second place,
+the interoceanic communication by the way of Nicaragua is effectually
+interrupted, and the persons and property of unoffending private
+citizens of the United States in that country require the attention of
+their Government. Neither of these objects can receive due consideration
+without resumption of diplomatic intercourse with the Government of
+Nicaragua.
+
+Further than this, the documents communicated show that while the
+interoceanic transit by the way of Nicaragua is cut off, disturbances
+at Panama have occurred to obstruct, temporarily at least, that by the
+way of New Granada, involving the sacrifice of the lives and property
+of citizens of the United States. A special commissioner has been
+dispatched to Panama to investigate the facts of this occurrence with a
+view particularly to the redress of parties aggrieved. But measures of
+another class will be demanded for the future security of interoceanic
+communication by this as by the other routes of the Isthmus.
+
+It would be difficult to suggest a single object of interest, external
+or internal, more important to the United States than the maintenance
+of the communication, by land and sea, between the Atlantic and Pacific
+States and Territories of the Union It is a material element of the
+national integrity and sovereignty.
+
+I have adopted such precautionary measures and have taken such action
+for the purpose of affording security to the several transit routes
+of Central America and to the persons and property of citizens of
+the United States connected with or using the same as are within my
+constitutional power and as existing circumstances have seemed to
+demand. Should these measures prove inadequate to the object, that
+fact will be communicated to Congress with such recommendations as
+the exigency of the case may indicate.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, May 16, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I communicate to Congress a report from the Secretary of the Interior,
+containing estimates of appropriations required in the fulfillment of
+treaty stipulations with certain Indian tribes, and recommend that the
+appropriations asked for be made in the manner therein suggested.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 19, 1856_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+7th ultimo, requesting the President "to communicate what information he
+may possess in regard to citizens of the United States being engaged in
+the slave trade, or in the transportation in American ships of coolies
+from China to Cuba and other countries with the intention of placing or
+continuing them in a state of slavery or servitude, and whether such
+traffic is not, in his opinion, a violation of the spirit of existing
+treaties, rendering those engaged in it liable to indictment for piracy;
+and especially that he be requested to communicate to this House the
+facts and circumstances attending the shipment from China of some 500
+coolies in the ship _Sea Witch_, of the city of New York, lately wrecked
+on the coast of Cuba," I transmit the accompanying report of the
+Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 20, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a copy of and extracts from dispatches of the late minister
+of the United States at London, and of his correspondence with Lord
+Clarendon which accompanied them, relative to the enlistment of soldiers
+for the British army within the United States by agents of the
+Government of Great Britain. These dispatches have been received since
+my message to the Senate upon the subject of the 2th of February last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 22, 1856_.
+
+_To the House of Representatives_:
+
+I communicate herewith a report from the Secretary of War, in response
+to a resolution of the House of Representatives of the 12th instant,
+requesting me to inform the House "whether United States soldiers have
+been employed in the Territory of Kansas to arrest persons charged with
+a violation of certain supposed laws enacted by a supposed legislature
+assembled at Shawnee Mission."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 29, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I have ceased to hold intercourse with the envoy extraordinary and
+minister plenipotentiary of Her Majesty the Queen of the United Kingdom
+of Great Britain and Ireland near this Government.
+
+In making communication of this fact it has been deemed by me proper
+also to lay before Congress the considerations of indispensable public
+duty which have led to the adoption of a measure of so much importance.
+They appear in the documents herewith transmitted to both Houses.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 29, 1856_.
+
+_To the Senate of the United States_:
+
+In further answer to the resolution of the Senate of the 17th of January
+last, requesting a copy of any official correspondence not previously
+communicated touching the construction and purport of the convention
+between the United States and Great Britain of the 19th of April, 1850,
+I transmit a copy of an instruction of the 24th instant from the
+Secretary of State to the minister of the United States at London.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 3, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+
+I herewith communicate a letter of the 26th instant from the Secretary
+of the Interior, and accompanying papers, relative to the conflict of
+jurisdiction between the Federal and Cherokee courts and the inadequacy
+of protection against the intrusion of improper persons into the
+Cherokee country, and recommend the subject to the consideration of
+Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 3, 1856_.
+
+_To the House of Representatives_:
+
+I transmit a report[59] from the Secretary of State, in answer to a
+resolution of the House of Representatives of the 29th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 59: Stating that no information relative to the action of
+the leading powers of Europe on the subject of privateering has been
+officially communicated by any foreign government.]
+
+
+
+WASHINGTON, _June 4, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+8th of last month, requesting information in regard to a contemplated
+imposition of additional duties on American leaf tobacco by the
+Zollverein or Commercial Union of the German States, I transmit a report
+from the Secretary of State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 13, 1856_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+18th of February last, requesting me to communicate to the House "the
+report of Captain E.B. Boutwell, and all the documents accompanying it,
+relative to the operations of the United States sloop of war _John
+Adams_, under his command, at the Fejee Islands in the year 1855,"
+I transmit herewith a report of the Secretary of the Navy.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 18, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+documents,[60] in answer to the resolution of the Senate of the 16th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 60: Instructions to Mr Buchanan, late minister to England,
+on the subject of free ships making free goods, and letter from Mr.
+Buchanan to Lord Clarendon on the same subject.]
+
+
+
+WASHINGTON, _June 20, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate herewith a letter from the Secretary of the Interior and
+accompanying papers, respecting the sum of $16,024.80 now in the hands
+of the agent of the Choctaw Indians, being a balance remaining from the
+sales of Choctaw orphan reservations under the nineteenth article of the
+treaty of 1830, and commend the subject to the favorable consideration
+of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _June 23, 1856_.
+
+_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, and for other purposes,
+concluded at The Hague on the 29th ultimo between the United States
+and His Majesty the King of the Netherlands.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 3, 1856_.
+
+_To the House of Representatives of the United States_:
+
+In response to a resolution of the House of Representatives of the 18th
+ultimo, requesting me to inform the House "what measures, if any, have
+been taken to carry out the provisions of a late act of Congress
+authorizing the President to contract with Hiram Powers, the great
+American sculptor, now in Italy, for some work of art for the new
+Capitol, and appropriating $25,000 for that purpose," I transmit
+herewith copies of three letters--one from Mr. Powers to Hon. Edward
+Everett and two from myself to the same gentleman.
+
+Since the date of my letter of July 24, 1855, I have communicated with
+Mr. Everett upon the subject verbally and in writing, and the final
+proposition on my part, resulting therefrom, will be found in the
+accompanying extract of a letter dated June 5, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 7 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 6th ultimo,
+respecting the location of the District armory upon the Mall in this
+city, I transmit the accompanying report from the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 7, 1856_.
+
+_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 between the United States and Austria, signed
+in this city on the 3d instant.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 8, 1856_.
+
+_To the House of Representatives_:
+
+I communicate herewith a report of the Secretary of War, in reply to a
+resolution of the House of the 25th ultimo, "on the subject of Indian
+hostilities in Oregon and Washington Territories."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 11, 1856_.
+
+_To the Senate of the United States_:
+
+In reply to a resolution of the Senate of May 23, requesting a "detailed
+statement of the sums which have been paid to newspapers published in
+Washington for advertisements or other printing published or executed
+under the orders or by authority of the several Departments since the
+4th day of March, 1853," I communicate herewith reports from the several
+Departments.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of November 27, 1854, from the
+commissioner of the United States in China, and of the regulations,
+orders, and decrees which accompanied it, for such revision thereof as
+Congress may deem expedient, pursuant to the sixth section of the act
+approved August 11, 1848.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, July 21, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith a letter from the Postmaster-General
+and a copy of a conditional contract entered into under instructions
+from me for the purchase of a lot and building thereon for a post-office
+in the city of Philadelphia, together with a copy of a report of Edward
+Clark, architect of the Patent Office building, in relation to the site
+and building selected, and recommend that an appropriation of $250,000
+be made to complete the purchase, and also an appropriation of $50,000
+to make the required alterations and furnish the necessary cases, boxes,
+etc., to fit it up for a city post-office.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 22, 1856_.
+
+_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, navigation, and
+extradition between the United States and the Republic of Chili,
+signed at Santiago, in that Republic, on the 27th of May last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 24, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I herewith present to Congress a copy of "minutes of a council held
+at Fort Pierre, Nebraska Territory, on the 1st day of March, 1856,
+by Brevet Brigadier-General William S. Harney, United States Army,
+commanding the Sioux expedition, with the delegations from nine of the
+bands of the Sioux;" also copies of sundry papers upon the same subject.
+
+Regarding the stipulations between General Harney and the nine bands of
+the Sioux as just and desirable, both for the United States and for the
+Indians, I respectfully recommend an appropriation by Congress of the
+sum of $100,000 to enable the Government to execute the stipulations
+entered into by General Harney.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Muckl-te-oh, or Point Elliott, by Isaac
+I. Stevens, governor and superintendent of Indian affairs of Washington
+Territory, on the part of the United States, and chiefs, headmen, and
+delegates of the Dwamish, Suquamish, Sk-tahl-mish, Sam-ahmish,
+Smalh-kamish, Skope-ahmish, St-kah-mish, Snoqualmoo, Skai-wha-mish,
+N'Quentl-ma-mish, Sk-tah-le-jum, Stoluck-wha-mish, Sno-ho-mish, Ska-git,
+Kik-i-allus, Swin-a-mish, Squin-ah-mish, Sah-ku-mehu, Noo-wha-ha,
+Nook-wa-chah-mish, Mee-see-qua-guilch, Cho-bah-ah-bish, and other allied
+and subordinate tribes and bands of Indians in said Territory.
+
+Also a treaty made and concluded at Hahd Skus, or Point no Point, on the
+26th day of January, 1855, by and between the same commissioner on the
+part of the United States and the chiefs, headmen, and delegates of the
+different villages of the S'Klallams Indians in said Territory.
+
+Also a treaty made and concluded at Neah Bay on the 31st day of January,
+1855, by and between the same commissioner on the part of the United
+States and the chiefs, headmen, and delegates of the same villages of
+the Makah tribe of Indians in the said Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded by and between Isaac I. Stevens, governor
+and superintendent of Indian affairs of the Territory of Washington, on
+the part of the United States, and the chiefs, headmen, and delegates
+of the different tribes and bands of the Qui-nai-elt and Quil-leh-ute
+Indians in Washington Territory.
+
+Said treaty was made on the 1st of July, 1855, and 25th January, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at the treaty ground at Hell Gate, in the
+Bitter Root Valley, on the 16th day of July, 1855, by and between Isaac
+I. Stevens, governor and superintendent of Indian affairs for the
+Territory of Washington, on the part of the United States, and the
+chiefs, headmen, and delegates of the confederate tribes of the
+Flathead, Koo-tenay, and Upper Pend d'Oreilles Indians, who by the
+treaty are constituted a nation, under the name of the Flat Head Nation.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Wasco, near the Dalles of the Columbia
+River, in Oregon Territory, by and between Joel Palmer, superintendent
+of Indian affairs, on the part of the United States, and the chiefs
+and headmen of the confederated tribes and bands of Walla-Wallas and
+Was-coes Indians residing in middle Oregon. Said treaty was made on
+the 25th day of June, 1855.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded on the 21st day of December, 1855, by and
+between Joel Palmer, superintendent of Indian affairs, on the part of
+the United States, and the chiefs and headmen of the Mo-lal-la-las, or
+Molel, tribe of Indians in Oregon Territory.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made on the 9th of June, 1855, by and between Isaac I. Stevens,
+governor and superintendent of Indian affairs of the Territory of
+Washington, and Joel Palmer, superintendent of Indian affairs of the
+Territory of Oregon, on the part of the United States, and the chiefs,
+headmen, and delegates of the Walla-Wallas, Cayuses, and Umatilla tribes
+and bands of Indians, who for the purposes of the treaty are to be
+regarded as one nation. Also a treaty made on the 11th of June, 1855, by
+and between the same commissioners on the part of the United States and
+the chiefs, headmen, and delegates of the Nez Perce tribe of Indians.
+
+The lands ceded by the treaties herewith lie partly in Washington and
+partly in Oregon Territories.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 29, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Camp Stevens, Walla Walla Valley, on the
+9th day of June, 1855, by and between Isaac I. Stevens, governor of and
+superintendent of Indian affairs for Washington Territory, on the part
+of the United States, and the head chiefs, chiefs, headmen, and
+delegates of the Yakama, Palouse, Pisquouse, Wenatshapam, Klikatat,
+Klin-quit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham, Shyiks,
+Oche-chotes, Kah-milt-pah, and Se-ap-cat tribes and bands of Indians,
+who for the purposes of the treaty are to be known as the "Yakama"
+Nation of Indians.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _July 30, 1856_.
+
+_To the Senate of the United States_:
+
+By the sixteenth article of the treaty of 4th March, 1853, between the
+United States and the Republic of Paraguay, as amended by a resolution
+of the Senate of the 1st May, 1854, it was provided that the exchange
+of the ratifications of that instrument should be effected within
+twenty-four months of its date; that is, on or before the 4th
+March, 1855.
+
+From circumstances, however, over which the Government of the United
+States had no control, but which are not supposed to indicate any
+indisposition on the part of the Paraguayan Government to consummate
+the final formalities necessary to give full force and validity to the
+treaty, the exchange of ratifications has not yet been effected.
+
+A similar condition exists in regard to the treaty between the United
+States and the Oriental Republic of Uruguay of the 28th August, 1852.
+The Senate, by a resolution of 13th June, 1854, extended the time within
+which the ratifications of that treaty might be exchanged to thirty
+months from its date. That limit, however, has expired, and the exchange
+has not been effected.
+
+I deem it expedient to direct a renewal of negotiations with the
+Governments referred to, with a view to secure the exchange of the
+ratifications of these important conventions. But as the limit
+prescribed by the Senate in both cases has passed by, it is necessary
+that authority be conferred on the Executive for that purpose.
+
+I consequently recommend that the Senate sanction an exchange of the
+ratifications of the treaties above mentioned at any time which may be
+deemed expedient by the President within three years from the date of
+the resolution to that effect.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 1, 1856_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress herewith the report of Major W.H. Emory,
+United States commissioner, on the survey of the boundary between
+the United States and the Republic of Mexico, referred to in the
+accompanying letter of this date from the Secretary of the Interior.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, August 4, 1856_.
+
+_To the House of Representatives of the United States_:
+
+I herewith lay before the House of Representatives a report of the
+Secretary of War, in reply to a resolution of the House requesting
+"information in regard to the construction of the Capitol and
+Post-Office extensions."
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_August 4, 1856_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report of the Secretary of War, in response
+to a resolution of the Senate calling for information in relation to
+instructions "issued to any military officer in command in Kansas to
+disperse any unarmed meeting of the people of that Territory, or to
+prevent by military power any assemblage of the people of that
+Territory."
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 4, 1856_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 1st instant, requesting
+a copy of papers touching recent events in the Territory of Washington,
+I transmit a report from the Secretary of State and the documents by
+which it was accompanied.
+
+FRANKLIN PIERCE.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, August 6, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 28th ultimo,
+requesting the President to inform the Senate in relation to any
+application "by the governor of the State of California to maintain the
+laws and peace of the said State against the usurped authority of an
+organization calling itself the committee of vigilance in the city and
+county of San Francisco," and also "to lay before the Senate whatever
+information he may have in respect to the proceedings of the said
+committee of vigilance," I transmit the accompanying reports from the
+Secretary of State and the Secretary of the Navy.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 8, 1856_.
+
+_To the Senate of the United States_:
+
+I herewith submit to the Senate, for its constitutional action thereon,
+a treaty negotiated with the Creek and Seminole Indians, together with
+the accompanying papers.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 9, 1856_.
+
+_To the Senate of the United States_:
+
+With a message of the 23d of June last I transmitted, for the
+consideration of the Senate, a convention for the mutual delivery
+of criminals fugitives from justice in certain cases, and for other
+purposes, concluded at The Hague on the 29th of May last between the
+United States and His Majesty the King of the Netherlands. Deeming it
+advisable to withdraw that instrument from the consideration of the
+Senate, I request that it may be returned to me.
+
+FRANKLIN PIERCE.
+
+
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty of amity, commerce, and navigation, and for the
+surrender of fugitive criminals, between the United States and the
+Republic of Venezuela, signed at Caracas on the 10th of July last.
+
+FRANKLIN PIERCE.
+
+AUGUST 9, 1856.
+
+
+
+WASHINGTON, _August 11, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 3d March, 1855,
+requesting information relative to the proceedings of the commissioners
+for the adjustment of claims under the convention with Great Britain of
+the 8th of February, 1853, I transmit a report from the Secretary of
+State, to whom the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 11, 1856_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report of the Secretary of War, in reply to a
+resolution of the House of Representatives of May 26, 1856, in relation
+to the Capitol and Post-Office extensions.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 12, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[61] in answer to the resolution of the Senate of yesterday.
+
+FRANKLIN PIERCE.
+
+[Footnote 61: Relating to "The declaration concerning maritime law,"
+adopted by the plenipotentiaries of Great Britain, Austria, France,
+Prussia, Russia, Sardinia, and Turkey at Paris April 16, 1856.]
+
+
+
+WASHINGTON, _August 12, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 7th instant,
+in relation to the refusal of the Government of Honduras to receive
+a commercial agent from this country, I transmit a report from the
+Secretary of State and the documents which accompanied it.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 13, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a communication from the Secretary of War, inclosing
+a report of Captain M.C. Meigs, stating that the sum of $750,000 will be
+necessary for the prosecution of the Capitol extension until the close
+of the next session of Congress, and recommend that that amount may be
+appropriated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 15, 1856_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 4th
+instant, requesting a copy of letters and papers touching the pardons
+or remission of the imprisonment of Daniel Drayton and Edward Sayres in
+August, 1852, I transmit a report from the Secretary of State, to whom
+the resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a report from the Secretary of War, in relation
+to an error in a communication[62] of Captain Meigs.
+
+FRANKLIN PIERCE.
+
+[Footnote 62: Relating to the Capitol extension.]
+
+
+
+WASHINGTON, _August 16, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 11th instant,
+in relation to the public accounts of John C. Fremont, I transmit the
+accompanying report from the Secretary of the Treasury, to whom the
+resolution was referred.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 16, 1856_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+17th April, 1856, requesting me to have prepared and presented to the
+House of Representatives "a statement showing the appropriations made
+by the Thirty-first, Thirty-second, and Thirty-third Congresses,
+distinguishing the appropriations made at each session of each Congress,
+distinguishing also the appropriations made on the recommendations of
+the President, heads of Departments, or heads of bureaus from those that
+were made without such recommendation, and showing what expenditures
+have been made by the Government in each fiscal year, commencing with
+the 1st day of July, 1850, and ending on the 30th day of June, 1855; and
+also what, if any, defalcations have occurred from the 30th day of June,
+1850, to the 1st day of July, 1855, and the amount of such defalcations
+severally, and such other information as may be in his power bearing
+upon the matters above mentioned," I submit the following reports from
+the Secretaries of the Treasury, War, Navy, and Interior Departments and
+the Postmaster-General.
+
+FRANKLIN PIERCE.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _May 19, 1856_.
+
+_To the Senate of the United States_:
+
+I return herewith to the Senate, in which it originated, the bill
+entitled "An act to remove obstructions to navigation in the mouth of
+the Mississippi River at the Southwest Pass and Pass a l'Outre," which
+proposes to appropriate a sum of money, to be expended under the
+superintendence of the Secretary of War, "for the opening and keeping
+open ship channels of sufficient capacity to accommodate the wants of
+commerce through the Southwest Pass and Pass a l'Outre, leading from
+the Mississippi River to the Gulf of Mexico."
+
+In a communication addressed by me to the two Houses of Congress on the
+30th of December, 1854, my views were exhibited in full on the subject
+of the relation of the General Government to internal improvements.
+I set forth on that occasion the constitutional impediments, which in
+my mind are insuperable, to the prosecution of a system of internal
+improvements by means of appropriations from the Treasury of the United
+States, more especially the consideration that the Constitution does
+not confer on the General Government any express power to make such
+appropriations, that they are not a necessary and proper incident of
+any of the express powers, and that the assumption of authority on
+the part of the Federal Government to commence and carry on a general
+system of internal improvements, while exceptionable for the want of
+constitutional power, is in other respects prejudicial to the several
+interests and inconsistent with the true relation to one another of
+the Union and of the individual States.
+
+These objections apply to the whole system of internal improvements,
+whether such improvements consist of works on land or in navigable
+waters, either of the seacoast or of the interior lakes or rivers.
+
+I have not been able, after the most careful reflection, to regard the
+bill before me in any other light than as part of a general system of
+internal improvements, and therefore feel constrained to submit it,
+with these objections, to the reconsideration of Congress.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 19, 1856_.
+
+_To the Senate of the United States_:
+
+I return herewith to the Senate, in which it originated, a bill
+entitled "An act making an appropriation for deepening the channel
+over the St. Clair flats, in the State of Michigan," and submit it for
+reconsideration, because it is, in my judgment, liable to the objections
+to the prosecution of internal improvements by the General Government
+which have already been presented by me in previous communications to
+Congress.
+
+In considering this bill under the restriction that the power of
+Congress to construct a work of internal improvement is limited to cases
+in which the work is manifestly needful and proper for the execution
+of some one or more of the powers expressly delegated to the General
+Government, I have not been able to find for the proposed expenditure
+any such relation, unless it be to the power to provide for the common
+defense and to maintain an army and navy. But a careful examination of
+the subject, with the aid of information officially received since my
+last annual message was communicated to Congress, has convinced me that
+the expenditure of the sum proposed would serve no valuable purpose as
+contributing to the common defense, because all which could be effected
+by it would be to afford a channel of 12 feet depth and of so temporary
+a character that unless the work was done immediately before the
+necessity for its use should arise it could not be relied on for the
+vessels of even the small draft the passage of which it would permit.
+
+Under existing circumstances, therefore, it can not be considered
+as a necessary means for the common defense, and is subject to those
+objections which apply to other works designed to facilitate commerce
+and contribute to the convenience and local prosperity of those more
+immediately concerned--an object not to be constitutionally and justly
+attained by the taxation of the people of the whole country.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _May 22, 1856_.
+
+_To the Senate of the United States_:
+
+Having considered the bill, which originated in the Senate, entitled "An
+act making an appropriation for deepening the channel over the flats of
+the St. Marys River, in the State of Michigan," it is herewith returned
+without my approval.
+
+The appropriation proposed by this bill is not, in my judgment, a
+necessary means for the execution of any of the expressly granted powers
+of the Federal Government. The work contemplated belongs to a general
+class of improvements, embracing roads, rivers, and canals, designed
+to afford additional facilities for intercourse and for the transit of
+commerce, and no reason has been suggested to my mind for excepting
+it from the objections which apply to appropriations by the General
+Government for deepening the channels of rivers wherever shoals or other
+obstacles impede their navigation, and thus obstruct communication
+and impose restraints upon commerce within the States or between the
+States or Territories of the Union. I therefore submit it to the
+reconsideration of Congress, on account of the same objections which
+have been presented in my previous communications on the subject of
+internal improvements.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 11, 1856_.
+
+_To the House of Representatives_:
+
+I return herewith to the House of Representatives, in which it
+originated, a bill entitled "An act for continuing the improvement of
+the Des Moines Rapids, in the Mississippi River," and submit it for
+reconsideration, because it is, in my judgment, liable to the objections
+to the prosecution of internal improvements by the General Government
+set forth at length in a communication addressed by me to the two Houses
+of Congress on the 30th day of December, 1854, and in other subsequent
+messages upon the same subject, to which on this occasion I respectfully
+refer.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _August 14, 1856_.
+
+_To the Senate of the United States_:
+
+I return herewith to the Senate, in which it originated, a bill entitled
+"An act for the improvement of the navigation of the Patapsco River and
+to render the port of Baltimore accessible to the war steamers of the
+United States," and submit it for reconsideration, because it is, in
+my judgment, liable to the objections to the prosecution of internal
+improvements by the General Government set forth at length in a
+communication addressed by me to the two Houses of Congress on the
+30th day of December, 1854, and other subsequent messages upon the
+same subject, to which on this occasion I respectfully refer.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas information has been received by me that sundry persons,
+citizens of the United States and others resident therein, are
+preparing, within the jurisdiction of the same, to enlist, or enter
+themselves, or to hire or retain others to participate in military
+operations within the State of Nicaragua:
+
+Now, therefore, I, Franklin Pierce, President of the United States, do
+warn all persons against connecting themselves with any such enterprise
+or undertaking, as being contrary to their duty as good citizens and to
+the laws of their country and threatening to the peace of the United
+States.
+
+I do further admonish all persons who may depart from the United States,
+either singly or in numbers, organized or unorganized, for any such
+purpose, that they will thereby cease to be entitled to the protection
+of this Government.
+
+I exhort all good citizens to discountenance and prevent any such
+disreputable and criminal undertaking as aforesaid, charging all
+officers, civil and military, having lawful power in the premises,
+to exercise the same for the purpose of maintaining the authority
+and enforcing the laws of the United States.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed to these presents.
+
+[SEAL.]
+
+Done at the city of Washington, the 8th day of December, 1855, and
+of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas on the second section of an act of the Congress of the United
+States approved the 5th day of August, 1854, entitled "An act to carry
+into effect a treaty between the United States and Great Britain signed
+on the 5th day of June, 1854," it is provided that whenever the island
+of Newfoundland shall give its consent to the application of the
+stipulations and provisions of the said treaty to that Province and the
+legislature thereof and the Imperial Parliament shall pass the necessary
+laws for that purpose, grain, flour, and breadstuffs of all kinds;
+animals of all kinds; fresh, smoked, and salted meats; cotton wool,
+seeds and vegetables, undried fruits, dried fruits, fish of all kinds,
+products of fish and all other creatures living in the water, poultry,
+eggs; hides, furs, skins, or tails, undressed; stone or marble in its
+crude or unwrought state, slate, butter, cheese, tallow, lard, horns,
+manures, ores of metals of all kinds, coal, pitch, tar, turpentine,
+ashes; timber and lumber of all kinds, round, hewed, and sawed,
+unmanufactured in whole or in part; firewood; plants, shrubs, and trees;
+pelts, wool, fish oil, rice, broom corn, and bark; gypsum, ground or
+unground; hewn or wrought or unwrought burr or grind stones, dyestuffs;
+flax, hemp, and tow, unmanufactured; unmanufactured tobacco, and
+rags--shall be admitted free of duty from that Province into the United
+States from and after the date of a proclamation by the President of the
+United States declaring that he has satisfactory evidence that the said
+Province has consented in a due and proper manner to have the provisions
+of the treaty extended to it and to allow the United States the full
+benefits of all the stipulations therein contained; and
+
+Whereas I have satisfactory evidence that the Province of Newfoundland
+has consented in a due and proper manner to have the provisions of the
+aforesaid treaty extended to it and to allow the United States the full
+benefits of all the stipulations therein contained, so far as they are
+applicable to that Province:
+
+Now, therefore, I, Franklin Pierce, President of the United States of
+America, do hereby declare and proclaim that from this date the articles
+enumerated in the preamble of this proclamation, being the growth and
+produce of the British North American colonies, shall be admitted from
+the aforesaid Province of Newfoundland into the United States free of
+duty so long as the aforesaid treaty shall remain in force.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed to these presents.
+
+[SEAL.]
+
+Done at the city of Washington, the 12th day of December, A.D. 1855,
+and of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas indications exist that public tranquillity and the supremacy of
+law in the Territory of Kansas are endangered by the reprehensible acts
+or purposes of persons, both within and without the same, who propose
+to direct and control its political organization by force. It appearing
+that combinations have been formed therein to resist the execution of
+the Territorial laws, and thus in effect subvert by violence all present
+constitutional and legal authority; it also appearing that persons
+residing without the Territory, but near its borders, contemplate armed
+intervention in the affairs thereof; it also appearing that other
+persons, inhabitants of remote States, are collecting money, engaging
+men, and providing arms for the same purpose; and it further appearing
+that combinations within the Territory are endeavoring, by the agency of
+emissaries and otherwise, to induce individual States of the Union to
+intervene in the affairs thereof, in violation of the Constitution of
+the United States; and
+
+Whereas all such plans for the determination of the future institutions
+of the Territory, if carried into action from within the same, will
+constitute the fact of insurrection, and if from without that of
+invasive aggression, and will in either case justify and require the
+forcible interposition of the whole power of the General Government,
+as well to maintain the laws of the Territory as those of the Union:
+
+Now, therefore, I, Franklin Pierce, President of the United States, do
+issue this my proclamation to command all persons engaged in unlawful
+combinations against the constituted authority of the Territory of
+Kansas or of the United States to disperse and retire peaceably to their
+respective abodes, and to warn all such persons that any attempted
+insurrection in said Territory or aggressive intrusion into the same
+will be resisted not only by the employment of the local militia, but
+also by that of any available forces of the United States, to the end
+of assuring immunity from violence and full protection to the persons,
+property, and civil rights of all peaceable and law-abiding inhabitants
+of the Territory.
+
+If, in any part of the Union, the fury of faction or fanaticism,
+inflamed into disregard of the great principles of popular sovereignty
+which, under the Constitution, are fundamental in the whole structure
+of our institutions is to bring on the country the dire calamity of
+an arbitrament of arms in that Territory, it shall be between lawless
+violence on the one side and conservative force on the other, wielded
+by legal authority of the General Government.
+
+I call on the citizens, both of adjoining and of distant States, to
+abstain from unauthorized intermeddling in the local concerns of the
+Territory, admonishing them that its organic law is to be executed with
+impartial justice, that all individual acts of illegal interference
+will incur condign punishment, and that any endeavor to intervene by
+organized force will be firmly withstood.
+
+I invoke all good citizens to promote order by rendering obedience
+to the law, to seek remedy for temporary evils by peaceful means,
+to discountenance and repulse the counsels and the instigations of
+agitators and of disorganizers, and to testify their attachment to
+their country, their pride in its greatness, their appreciation of
+the blessings they enjoy, and their determination that republican
+institutions shall not fail in their hands by cooperating to uphold the
+majesty of the laws and to vindicate the sanctity of the Constitution.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed to these presents.
+
+[SEAL.]
+
+Done at the city of Washington, the 11th day of February, A.D. 1856,
+and of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas by letters patent under the seal of the United States bearing
+date the 2d day of March, A.D. 1843, the President recognized Anthony
+Barclay as consul of Her Britannic Majesty at New York and declared him
+free to exercise and enjoy such functions, powers, and privileges as are
+allowed to the consuls of the most favored nations, but, for good and
+sufficient reasons, it is deemed proper that he should no longer
+exercise the said functions within the United States:
+
+Now, therefore, be it known that I, Franklin Pierce, President of
+the United States of America, do hereby declare that the powers and
+privileges conferred as aforesaid on the said Anthony Barclay are
+revoked and annulled.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 28th day of May,
+A.D. 1856, and of the Independence of the United States of America
+the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas by letters patent under the seal of the United States bearing
+date the 2d day of August, A.D. 1853, the President recognized George
+Benvenuto Mathew as consul of Her Britannic Majesty at Philadelphia and
+declared him free to exercise and enjoy such functions, powers, and
+privileges as are allowed to the consuls of the most favored nations,
+but, for good and sufficient reasons, it is deemed proper that he should
+no longer exercise the said functions within the United States:
+
+Now, therefore, be it known that I, Franklin Pierce, President of
+the United States of America, do hereby declare that the powers and
+privileges conferred as aforesaid on the said George Benvenuto Mathew
+are revoked and annulled.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 28th day of May,
+A.D. 1856, and of the Independence of the United States of America
+the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas by letters patent under the seal of the United States bearing
+date the 17th day of August, A.D. 1852, the President recognized Charles
+Rowcroft as consul of Her Britannic Majesty at Cincinnati and declared
+him free to exercise and enjoy such functions, powers, and privileges as
+are allowed to the consuls of the most favored nations, but, for good
+and sufficient reasons, it is deemed proper that he should no longer
+exercise the said functions within the United States:
+
+Now, therefore, be it known that I, Franklin Pierce, President of
+the United States of America, do hereby declare that the powers and
+privileges conferred as aforesaid on the said Charles Rowcroft are
+revoked and annulled.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 28th day of May,
+A.D. 1856, and of the Independence of the United States of America
+the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas, pursuant to the first article of the treaty between the United
+States and the Mexican Republic of the 30th day of December, 1853, the
+true limits between the territories of the contracting parties were
+declared to be as follows:
+
+Retaining the same dividing line between the two Californias as already
+defined and established according to the fifth article of the treaty of
+Guadalupe Hidalgo, the limits between the two Republics shall be as
+follows:
+
+Beginning in the Gulf of Mexico 3 leagues from land, opposite the mouth
+of the Rio Grande, as provided in the fifth article of the treaty of
+Guadalupe Hidalgo; thence, as defined in the said article, up the middle
+of that river to the point where the parallel of 31 deg. 47' north latitude
+crosses the same; thence due west 100 miles; thence south to the
+parallel of 31 deg. 20' north latitude; thence along the said parallel of
+31 deg. 20' to the one hundred and eleventh meridian of longitude west of
+Greenwich; thence in a straight line to a point on the Colorado River 20
+English miles below the junction of the Gila and Colorado rivers; thence
+up the middle of the said river Colorado until it intersects the present
+line between the United States and Mexico.
+
+And whereas the said dividing line has been surveyed, marked out, and
+established by the respective commissioners of the contracting parties,
+pursuant to the same article of the said treaty:
+
+Now, therefore, be it known that I, Franklin Pierce, President of the
+United States of America, do hereby declare to all whom it may concern
+that the line aforesaid shall be held and considered as the boundary
+between the United States and the Mexican Republic and shall be
+respected as such by the United States and the citizens thereof.
+
+In testimony whereof I have caused the seal of the United States to be
+hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, this 2d day of June,
+A.D. 1856, and of the Independence of the United States the eightieth.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas whilst hostilities exist with various Indian tribes on the
+remote frontiers of the United States, and whilst in other respects the
+public peace is seriously threatened, Congress has adjourned without
+granting necessary supplies for the Army, depriving the Executive of
+the power to perform his duty in relation to the common defense and
+security, and an extraordinary occasion has thus arisen for assembling
+the two Houses of Congress, I do therefore by this my proclamation
+convene the said Houses to meet in the Capitol, at the city of
+Washington, on Thursday, the 21st day of August instant, hereby
+requiring the respective Senators and Representatives then and there
+to assemble to consult and determine on such measures as the state of
+the Union may seem to require.
+
+In testimony whereof I have caused the seal of the United States to be
+hereunto affixed and signed the same with my hand.
+
+[SEAL.]
+
+Done at the city of Washington, the 18th day of August, A.D. 1856, and
+of the Independence of the United States the eighty-first.
+
+FRANKLIN PIERCE.
+
+By order:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _August 21, 1856_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+In consequence of the failure of Congress at its recent session to make
+provision for the support of the Army, it became imperatively incumbent
+on me to exercise the power which the Constitution confers on the
+Executive for extraordinary occasions, and promptly to convene the two
+Houses in order to afford them an opportunity of reconsidering a subject
+of such vital interest to the peace and welfare of the Union.
+
+With the exception of a partial authority vested by law in the Secretary
+of War to contract for the supply of clothing and subsistence, the Army
+is wholly dependent on the appropriations annually made by Congress.
+The omission of Congress to act in this respect before the termination of
+the fiscal year had already caused embarrassments to the service, which
+were overcome only in expectation of appropriations before the close
+of the present month. If the requisite funds be not speedily provided,
+the Executive will no longer be able to furnish the transportation,
+equipments, and munitions which are essential to the effectiveness of a
+military force in the field. With no provision for the pay of troops the
+contracts of enlistment would be broken and the Army must in effect be
+disbanded, the consequences of which would be so disastrous as to demand
+all possible efforts to avert the calamity.
+
+It is not merely that the officers and enlisted men of the Army are to
+be thus deprived of the pay and emoluments to which they are entitled by
+standing laws; that the construction of arms at the public armories, the
+repair and construction of ordnance at the arsenals, and the manufacture
+of military clothing and camp equipage must be discontinued, and the
+persons connected with this branch of the public service thus be
+deprived suddenly of the employment essential to their subsistence;
+nor is it merely the waste consequent on the forced abandonment of the
+seaboard fortifications and of the interior military posts and other
+establishments, and the enormous expense of recruiting and reorganizing
+the Army and again distributing it over the vast regions which it now
+occupies. These are evils which may, it is true, be repaired hereafter
+by taxes imposed on the country; but other evils are involved, which no
+expenditures, however lavish, could remedy, in comparison with which
+local and personal injuries or interests sink into insignificance.
+
+A great part of the Army is situated on the remote frontier or in the
+deserts and mountains of the interior. To discharge large bodies of men
+in such places without the means of regaining their homes, and where
+few, if any, could obtain subsistence by honest industry, would be to
+subject them to suffering and temptation, with disregard of justice and
+right most derogatory to the Government.
+
+In the Territories of Washington and Oregon numerous bands of Indians
+are in arms and are waging a war of extermination against the white
+inhabitants; and although our troops are actively carrying on the
+campaign, we have no intelligence as yet of a successful result. On the
+Western plains, notwithstanding the imposing display of military force
+recently made there and the chastisement inflicted on the rebellious
+tribes, others, far from being dismayed, have manifested hostile
+intentions and been guilty of outrages which, if not designed to provoke
+a conflict, serve to show that the apprehension of it is insufficient
+wholly to restrain their vicious propensities. A strong force in the
+State of Texas has produced a temporary suspension of hostilities there,
+but in New Mexico incessant activity on the part of the troops is
+required to keep in check the marauding tribes which infest that
+Territory. The hostile Indians have not been removed from the State of
+Florida, and the withdrawal of the troops therefrom, leaving that object
+unaccomplished, would be most injurious to the inhabitants and a breach
+of the positive engagement of the General Government.
+
+To refuse supplies to the Army, therefore, is to compel the complete
+cessation of all its operations and its practical disbandment, and thus
+to invite hordes of predatory savages from the Western plains and the
+Rocky Mountains to spread devastation along a frontier of more than
+4,000 miles in extent and to deliver up the sparse population of a vast
+tract of country to rapine and murder.
+
+Such, in substance, would be the direct and immediate effects of
+the refusal of Congress, for the first time in the history of the
+Government, to grant supplies for the maintenance of the Army--the
+inevitable waste of millions of public treasure; the infliction of
+extreme wrong upon all persons connected with the military establishment
+by service, employment, or contracts; the recall of our forces from the
+field; the fearful sacrifice of life and incalculable destruction of
+property on the remote frontiers; the striking of our national flag
+on the battlements of the fortresses which defend our maritime cities
+against foreign invasion; the violation of the public honor and good
+faith, and the discredit of the United States in the eyes of the
+civilized world.
+
+I confidently trust that these considerations, and others appertaining
+to the domestic peace of the country which can not fail to suggest
+themselves to every patriotic mind, will on reflection be duly
+appreciated by both Houses of Congress and induce the enactment of the
+requisite provisions of law for the support of the Army of the United
+States.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGE.
+
+
+EXECUTIVE OFFICE,
+
+_Washington, August 21, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a letter from the Secretary of War, in relation to
+the balances remaining in the Treasury from the last appropriation for
+the support of the Army.
+
+FRANKLIN PIERCE.
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 2, 1856_.
+
+_Fellow-Citizens of the Senate and of the House of Representatives_:
+
+The Constitution requires that the President shall from time to time not
+only recommend to the consideration of Congress such measures as he may
+judge necessary and expedient, but also that he shall give information
+to them of the state of the Union. To do this fully involves exposition
+of all matters in the actual condition of the country, domestic or
+foreign, which essentially concern the general welfare. While performing
+his constitutional duty in this respect, the President does not speak
+merely to express personal convictions, but as the executive minister of
+the Government, enabled by his position and called upon by his official
+obligations to scan with an impartial eye the interests of the whole and
+of every part of the United States.
+
+Of the condition of the domestic interests of the Union--its agriculture,
+mines, manufactures, navigation, and commerce--it is necessary only to
+say that the internal prosperity of the country, its continuous and
+steady advancement in wealth and population and in private as well
+as public well-being, attest the wisdom of our institutions and the
+predominant spirit of intelligence and patriotism which, notwithstanding
+occasional irregularities of opinion or action resulting from popular
+freedom, has distinguished and characterized the people of America.
+
+In the brief interval between the termination of the last and the
+commencement of the present session of Congress the public mind has been
+occupied with the care of selecting for another constitutional term the
+President and Vice-President of the United States.
+
+The determination of the persons who are of right, or contingently, to
+preside over the administration of the Government is under our system
+committed to the States and the people. We appeal to them, by their
+voice pronounced in the forms of law, to call whomsoever they will to
+the high post of Chief Magistrate.
+
+And thus it is that as the Senators represent the respective States of
+the Union and the members of the House of Representatives the several
+constituencies of each State, so the President represents the aggregate
+population of the United States. Their election of him is the explicit
+and solemn act of the sole sovereign authority of the Union.
+
+It is impossible to misapprehend the great principles which by their
+recent political action the people of the United States have sanctioned
+and announced.
+
+They have asserted the constitutional equality of each and all of the
+States of the Union as States; they have affirmed the constitutional
+equality of each and all of the citizens of the United States as
+citizens, whatever their religion, wherever their birth or their
+residence; they have maintained the inviolability of the constitutional
+rights of the different sections of the Union, and they have proclaimed
+their devoted and unalterable attachment to the Union and to the
+Constitution, as objects of interest superior to all subjects of local
+or sectional controversy, as the safeguard of the rights of all, as the
+spirit and the essence of the liberty, peace, and greatness of the
+Republic.
+
+In doing this they have at the same time emphatically condemned the idea
+of organizing in these United States mere geographical parties, of
+marshaling in hostile array toward each other the different parts of the
+country, North or South, East or West.
+
+Schemes of this nature, fraught with incalculable mischief, and which
+the considerate sense of the people has rejected, could have had
+countenance in no part of the country had they not been disguised by
+suggestions plausible in appearance, acting upon an excited state of the
+public mind, induced by causes temporary in their character and, it is
+to be hoped, transient in their influence.
+
+Perfect liberty of association for political objects and the widest
+scope of discussion are the received and ordinary conditions of
+government in our country. Our institutions, framed in the spirit
+of confidence in the intelligence and integrity of the people, do not
+forbid citizens, either individually or associated together, to attack
+by writing, speech, or any other methods short of physical force the
+Constitution and the very existence of the Union. Under the shelter
+of this great liberty, and protected by the laws and usages of the
+Government they assail, associations have been formed in some of the
+States of individuals who, pretending to seek only to prevent the spread
+of the institution of slavery into the present or future inchoate States
+of the Union, are really inflamed with desire to change the domestic
+institutions of existing States. To accomplish their objects they
+dedicate themselves to the odious task of depreciating the government
+organization which stands in their way and of calumniating with
+indiscriminate invective not only the citizens of particular States with
+whose laws they find fault, but all others of their fellow-citizens
+throughout the country who do not participate with them in their
+assaults upon the Constitution, framed and adopted by our fathers, and
+claiming for the privileges it has secured and the blessings it has
+conferred the steady support and grateful reverence of their children.
+They seek an object which they well know to be a revolutionary one.
+They are perfectly aware that the change in the relative condition of
+the white and black races in the slaveholding States which they would
+promote is beyond their lawful authority; that to them it is a foreign
+object; that it can not be effected by any peaceful instrumentality of
+theirs; that for them and the States of which they are citizens the
+only path to its accomplishment is through burning cities, and ravaged
+fields, and slaughtered populations, and all there is most terrible in
+foreign complicated with civil and servile war; and that the first step
+in the attempt is the forcible disruption of a country embracing in its
+broad bosom a degree of liberty and an amount of individual and public
+prosperity to which there is no parallel in history, and substituting in
+its place hostile governments, driven at once and inevitably into mutual
+devastation and fratricidal carnage, transforming the now peaceful and
+felicitous brotherhood into a vast permanent camp of armed men like the
+rival monarchies of Europe and Asia. Well knowing that such, and such
+only, are the means and the consequences of their plans and purposes,
+they endeavor to prepare the people of the United States for civil war
+by doing everything in their power to deprive the Constitution and the
+laws of moral authority and to undermine the fabric of the Union by
+appeals to passion and sectional prejudice, by indoctrinating its people
+with reciprocal hatred, and by educating them to stand face to face as
+enemies, rather than shoulder to shoulder as friends.
+
+It is by the agency of such unwarrantable interference, foreign and
+domestic, that the minds of many otherwise good citizens have been so
+inflamed into the passionate condemnation of the domestic institutions
+of the Southern States as at length to pass insensibly to almost equally
+passionate hostility toward their fellow-citizens of those States, and
+thus finally to fall into temporary fellowship with the avowed and
+active enemies of the Constitution. Ardently attached to liberty in the
+abstract, they do not stop to consider practically how the objects they
+would attain can be accomplished, nor to reflect that, even if the evil
+were as great as they deem it, they have no remedy to apply, and that it
+can be only aggravated by their violence and unconstitutional action.
+A question which is one of the most difficult of all the problems of
+social institution, political economy, and statesmanship they treat
+with unreasoning intemperance of thought and language. Extremes beget
+extremes. Violent attack from the North finds its inevitable consequence
+in the growth of a spirit of angry defiance at the South. Thus in the
+progress of events we had reached that consummation, which the voice of
+the people has now so pointedly rebuked, of the attempt of a portion of
+the States, by a sectional organization and movement, to usurp the
+control of the Government of the United States.
+
+I confidently believe that the great body of those who inconsiderately
+took this fatal step are sincerely attached to the Constitution and the
+Union. They would upon deliberation shrink with unaffected horror from
+any conscious act of disunion or civil war. But they have entered into
+a path which leads nowhere unless it be to civil war and disunion, and
+which has no other possible outlet. They have proceeded thus far in
+that direction in consequence of the successive stages of their progress
+having consisted of a series of secondary issues, each of which
+professed to be confined within constitutional and peaceful limits, but
+which attempted indirectly what few men were willing to do directly;
+that is, to act aggressively against the constitutional rights of
+nearly one-half of the thirty-one States.
+
+In the long series of acts of indirect aggression, the first was the
+strenuous agitation by citizens of the Northern States, in Congress and
+out of it, of the question of negro emancipation in the Southern States.
+
+The second step in this path of evil consisted of acts of the people
+of the Northern States, and in several instances of their governments,
+aimed to facilitate the escape of persons held to service in the
+Southern States and to prevent their extradition when reclaimed
+according to law and in virtue of express provisions of the
+Constitution. To promote this object, legislative enactments and other
+means were adopted to take away or defeat rights which the Constitution
+solemnly guaranteed. In order to nullify the then existing act of
+Congress concerning the extradition of fugitives from service, laws were
+enacted in many States forbidding their officers, under the severest
+penalties, to participate in the execution of any act of Congress
+whatever. In this way that system of harmonious cooperation between the
+authorities of the United States and of the several States, for the
+maintenance of their common institutions, which existed in the early
+years of the Republic was destroyed; conflicts of jurisdiction came to
+be frequent, and Congress found itself compelled, for the support of
+the Constitution and the vindication of its power, to authorize the
+appointment of new officers charged with the execution of its acts, as
+if they and the officers of the States were the ministers, respectively,
+of foreign governments in a state of mutual hostility rather than
+fellow-magistrates of a common country peacefully subsisting under the
+protection of one well-constituted Union. Thus here also aggression was
+followed by reaction, and the attacks upon the Constitution at this
+point did but serve to raise up new barriers for its defense and
+security.
+
+The third stage of this unhappy sectional controversy was in
+connection with the organization of Territorial governments and
+the admission of new States into the Union. When it was proposed to
+admit the State of Maine, by separation of territory from that of
+Massachusetts, and the State of Missouri, formed of a portion of the
+territory ceded by France to the United States, representatives in
+Congress objected to the admission of the latter unless with conditions
+suited to particular views of public policy. The imposition of such a
+condition was successfully resisted; but at the same period the question
+was presented of imposing restrictions upon the residue of the territory
+ceded by France. That question was for the time disposed of by the
+adoption of a geographical line of limitation.
+
+In this connection it should not be forgotten that when France, of
+her own accord, resolved, for considerations of the most far-sighted
+sagacity, to cede Louisiana to the United States, and that accession was
+accepted by the United States, the latter expressly engaged that "the
+inhabitants of the ceded territory shall be incorporated in the Union
+of the United States and admitted as soon as possible, according to the
+principles of the Federal Constitution, to the enjoyment of all the
+rights, advantages, and immunities of citizens of the United States;
+and in the meantime they shall be maintained and protected in the free
+enjoyment of their _liberty, property_, and the religion which they
+profess;" that is to say, while it remains in a Territorial condition
+its inhabitants are maintained and protected in the free enjoyment of
+their liberty and property, with a right then to pass into the condition
+of States on a footing of perfect equality with the original States.
+
+The enactment which established the restrictive geographical line was
+acquiesced in rather than approved by the States of the Union. It stood
+on the statute book, however, for a number of years; and the people of
+the respective States acquiesced in the reenactment of the principle as
+applied to the State of Texas, and it was proposed to acquiesce in its
+further application to the territory acquired by the United States
+from Mexico. But this proposition was successfully resisted by the
+representatives from the Northern States, who, regardless of the statute
+line, insisted upon applying restriction to the new territory generally,
+whether lying north or south of it, thereby repealing it as a
+legislative compromise, and, on the part of the North, persistently
+violating the compact, if compact there was.
+
+Thereupon this enactment ceased to have binding virtue in any sense,
+whether as respects the North or the South, and so in effect it was
+treated on the occasion of the admission of the State of California and
+the organization of the Territories of New Mexico, Utah, and Washington.
+
+Such was the state of this question when the time arrived for the
+organization of the Territories of Kansas and Nebraska. In the progress
+of constitutional inquiry and reflection it had now at length come to
+be seen clearly that Congress does not possess constitutional power to
+impose restrictions of this character upon any present or future State
+of the Union. In a long series of decisions, on the fullest argument and
+after the most deliberate consideration, the Supreme Court of the United
+States had finally determined this point in every form under which the
+question could arise, whether as affecting public or private rights--in
+questions of the public domain, of religion, of navigation, and of
+servitude.
+
+The several States of the Union are by force of the Constitution coequal
+in domestic legislative power. Congress can not change a law of domestic
+relation in the State of Maine; no more can it in the State of Missouri.
+Any statute which proposes to do this is a mere nullity; it takes away
+no right, it confers none. If it remains on the statute book unrepealed,
+it remains there only as a monument of error and a beacon of warning to
+the legislator and the statesman. To repeal it will be only to remove
+imperfection from the statutes, without affecting, either in the sense
+of permission or of prohibition, the action of the States or of their
+citizens.
+
+Still, when the nominal restriction of this nature, already a dead
+letter in law, was in terms repealed by the last Congress, in a clause
+of the act organizing the Territories of Kansas and Nebraska, that
+repeal was made the occasion of a widespread and dangerous agitation.
+
+It was alleged that the original enactment being a compact of perpetual
+moral obligation, its repeal constituted an odious breach of faith.
+
+An act of Congress, while it remains unrepealed, more especially if it
+be constitutionally valid in the judgment of those public functionaries
+whose duty it is to pronounce on that point, is undoubtedly binding on
+the conscience of each good citizen of the Republic. But in what sense
+can it be asserted that the enactment in question was invested with
+perpetuity and entitled to the respect of a solemn compact? Between whom
+was the compact? No distinct contending powers of the Government, no
+separate sections of the Union treating as such, entered into treaty
+stipulations on the subject. It was a mere clause of an act of Congress,
+and, like any other controverted matter of legislation, received its
+final shape and was passed by compromise of the conflicting opinions or
+sentiments of the members of Congress. But if it had moral authority
+over men's consciences, to whom did this authority attach? Not to those
+of the North, who had repeatedly refused to confirm it by extension
+and who had zealously striven to establish other and incompatible
+regulations upon the subject. And if, as it thus appears, the supposed
+compact had no obligatory force as to the North, of course it could not
+have had any as to the South, for all such compacts must be mutual and
+of reciprocal obligation.
+
+It has not unfrequently happened that lawgivers, with undue estimation
+of the value of the law they give or in the view of imparting to it
+peculiar strength, make it perpetual in terms; but they can not thus
+bind the conscience, the judgment, and the will of those who may succeed
+them, invested with similar responsibilities and clothed with equal
+authority. More careful investigation may prove the law to be unsound
+in principle. Experience may show it to be imperfect in detail and
+impracticable in execution. And then both reason and right combine
+not merely to justify but to require its repeal.
+
+The Constitution, supreme, as it is, over all the departments of the
+Government--legislative, executive, and judicial--is open to amendment
+by its very terms; and Congress or the States may, in their discretion,
+propose amendment to it, solemn compact though it in truth is between
+the sovereign States of the Union. In the present instance a political
+enactment which had ceased to have legal power or authority of any kind
+was repealed. The position assumed that Congress had no moral right to
+enact such repeal was strange enough, and singularly so in view of the
+fact that the argument came from those who openly refused obedience
+to existing laws of the land, having the same popular designation and
+quality as compromise acts; nay, more, who unequivocally disregarded
+and condemned the most positive and obligatory injunctions of the
+Constitution itself, and sought by every means within their reach to
+deprive a portion of their fellow-citizens of the equal enjoyment of
+those rights and privileges guaranteed alike to all by the fundamental
+compact of our Union.
+
+This argument against the repeal of the statute line in question was
+accompanied by another of congenial character and equally with the
+former destitute of foundation in reason and truth. It was imputed that
+the measure originated in the conception of extending the limits of
+slave labor beyond those previously assigned to it, and that such was
+its natural as well as intended effect; and these baseless assumptions
+were made, in the Northern States, the ground of unceasing assault upon
+constitutional right.
+
+The repeal in terms of a statute, which was already obsolete and also
+null for unconstitutionality, could have no influence to obstruct or
+to promote the propagation of conflicting views of political or social
+institution. When the act organizing the Territories of Kansas and
+Nebraska was passed, the inherent effect upon that portion of the
+public domain thus opened to legal settlement was to admit settlers
+from all the States of the Union alike, each with his convictions of
+public policy and private interest, there to found, in their discretion,
+subject to such limitations as the Constitution and acts of Congress
+might prescribe, new States, hereafter to be admitted into the Union.
+It was a free field, open alike to all, whether the statute line of
+assumed restriction were repealed or not. That repeal did not open to
+free competition of the diverse opinions and domestic institutions a
+field which without such repeal would have been closed against them;
+it found that field of competition already opened, in fact and in law.
+All the repeal did was to relieve the statute book of an objectionable
+enactment, unconstitutional in effect and injurious in terms to a large
+portion of the States.
+
+Is it the fact that in all the unsettled regions of the United States,
+if emigration be left free to act in this respect for itself, without
+legal prohibitions on either side, slave labor will spontaneously go
+everywhere in preference to free labor? Is it the fact that the peculiar
+domestic institutions of the Southern States possess relatively so much
+of vigor that wheresoever an avenue is freely opened to all the world
+they will penetrate to the exclusion of those of the Northern States?
+Is it the fact that the former enjoy, compared with the latter, such
+irresistibly superior vitality, independent of climate, soil, and all
+other accidental circumstances, as to be able to produce the supposed
+result in spite of the assumed moral and natural obstacles to its
+accomplishment and of the more numerous population of the Northern
+States?
+
+The argument of those who advocate the enactment of new laws of
+restriction and condemn the repeal of old ones in effect avers that
+their particular views of government have no self-extending or
+self-sustaining power of their own, and will go nowhere unless forced by
+act of Congress. And if Congress do but pause for a moment in the policy
+of stern coercion; if it venture to try the experiment of leaving men to
+judge for themselves what institutions will best suit them; if it be not
+strained up to perpetual legislative exertion on this point--if Congress
+proceed thus to act in the very spirit of liberty, it is at once charged
+with aiming to extend slave labor into all the new Territories of the
+United States.
+
+Of course these imputations on the intentions of Congress in this
+respect, conceived, as they were, in prejudice and disseminated in
+passion, are utterly destitute of any justification in the nature of
+things and contrary to all the fundamental doctrines and principles of
+civil liberty and self-government.
+
+While, therefore, in general, the people of the Northern States
+have never at any time arrogated for the Federal Government the
+power to interfere directly with the domestic condition of persons
+in the Southern States, but, on the contrary, have disavowed all such
+intentions and have shrunk from conspicuous affiliation with those few
+who pursue their fanatical objects avowedly through the contemplated
+means of revolutionary change of the Government and with acceptance of
+the necessary consequences--a civil and servile war--yet many citizens
+have suffered themselves to be drawn into one evanescent political issue
+of agitation after another, appertaining to the same set of opinions,
+and which subsided as rapidly as they arose when it came to be seen, as
+it uniformly did, that they were incompatible with the compacts of the
+Constitution and the existence of the Union. Thus when the acts of some
+of the States to nullify the existing extradition law imposed upon
+Congress the duty of passing a new one, the country was invited by
+agitators to enter into party organization for its repeal; but that
+agitation speedily ceased by reason of the impracticability of its
+object. So when the statute restriction upon the institutions of new
+States by a geographical line had been repealed, the country was urged
+to demand its restoration, and that project also died almost with its
+birth. Then followed the cry of alarm from the North against imputed
+Southern encroachments, which cry sprang in reality from the spirit of
+revolutionary attack on the domestic institutions of the South, and,
+after a troubled existence of a few months, has been rebuked by the
+voice of a patriotic people.
+
+Of this last agitation, one lamentable feature was that it was carried
+on at the immediate expense of the peace and happiness of the people of
+the Territory of Kansas. That was made the battlefield, not so much of
+opposing factions or interests within itself as of the conflicting
+passions of the whole people of the United States. Revolutionary
+disorder in Kansas had its origin in projects of intervention
+deliberately arranged by certain members of that Congress which enacted
+the law for the organization of the Territory; and when propagandist
+colonization of Kansas had thus been undertaken in one section of the
+Union for the systematic promotion of its peculiar views of policy there
+ensued as a matter of course a counteraction with opposite views in
+other sections of the Union.
+
+In consequence of these and other incidents, many acts of disorder,
+it is undeniable, have been perpetrated in Kansas, to the occasional
+interruption rather than the permanent suspension of regular government.
+Aggressive and most reprehensible incursions into the Territory were
+undertaken both in the North and the South, and entered it on its
+northern border by the way of Iowa, as well as on the eastern by way
+of Missouri; and there has existed within it a state of insurrection
+against the constituted authorities, not without countenance from
+inconsiderate persons in each of the great sections of the Union. But
+the difficulties in that Territory have been extravagantly exaggerated
+for purposes of political agitation elsewhere. The number and gravity of
+the acts of violence have been magnified partly by statements entirely
+untrue and partly by reiterated accounts of the same rumors or facts.
+Thus the Territory has been seemingly filled with extreme violence,
+when the whole amount of such acts has not been greater than what
+occasionally passes before us in single cities to the regret of all
+good citizens, but without being regarded as of general or permanent
+political consequence.
+
+Imputed irregularities in the elections had in Kansas, like occasional
+irregularities of the same description in the States, were beyond the
+sphere of action of the Executive. But incidents of actual violence or
+of organized obstruction of law, pertinaciously renewed from time to
+time, have been met as they occurred by such means as were available and
+as the circumstances required, and nothing of this character now remains
+to affect the general peace of the Union. The attempt of a part of the
+inhabitants of the Territory to erect a revolutionary government, though
+sedulously encouraged and supplied with pecuniary aid from active agents
+of disorder in some of the States, has completely failed. Bodies of
+armed men, foreign to the Territory, have been prevented from entering
+or compelled to leave it; predatory bands, engaged in acts of rapine
+under cover of the existing political disturbances, have been arrested
+or dispersed, and every well-disposed person is now enabled once more to
+devote himself in peace to the pursuits of prosperous industry, for the
+prosecution of which he undertook to participate in the settlement of
+the Territory.
+
+It affords me unmingled satisfaction thus to announce the peaceful
+condition of things in Kansas, especially considering the means to which
+it was necessary to have recourse for the attainment of the end, namely,
+the employment of a part of the military force of the United States. The
+withdrawal of that force from its proper duty of defending the country
+against foreign foes or the savages of the frontier to employ it for
+the suppression of domestic insurrection is, when the exigency occurs,
+a matter of the most earnest solicitude. On this occasion of imperative
+necessity it has been done with the best results, and my satisfaction
+in the attainment of such results by such means is greatly enhanced by
+the consideration that, through the wisdom and energy of the present
+executive of Kansas and the prudence, firmness, and vigilance of the
+military officers on duty there tranquillity has been restored without
+one drop of blood having been shed in its accomplishment by the forces
+of the United States.
+
+The restoration of comparative tranquillity in that Territory furnishes
+the means of observing calmly and appreciating at their just value the
+events which have occurred there and the discussions of which the
+government of the Territory has been the subject.
+
+We perceive that controversy concerning its future domestic institutions
+was inevitable; that no human prudence, no form of legislation, no
+wisdom on the part of Congress, could have prevented it.
+
+It is idle to suppose that the particular provisions of their organic
+law were the cause of agitation. Those provisions were but the occasion,
+or the pretext, of an agitation which was inherent in the nature of
+things. Congress legislated upon the subject in such terms as were most
+consonant with the principle of popular sovereignty which underlies our
+Government. It could not have legislated otherwise without doing
+violence to another great principle of our institutions--the
+imprescriptible right of equality of the several States.
+
+We perceive also that sectional interests and party passions have been
+the great impediment to the salutary operation of the organic principles
+adopted and the chief cause of the successive disturbances in Kansas,
+The assumption that because in the organization of the Territories of
+Nebraska and Kansas Congress abstained from imposing restraints upon
+them to which certain other Territories had been subject, therefore
+disorders occurred in the latter Territory, is emphatically contradicted
+by the fact that none have occurred in the former. Those disorders were
+not the consequence, in Kansas, of the freedom of self-government
+conceded to that Territory by Congress, but of unjust interference on
+the part of persons not inhabitants of the Territory. Such interference,
+wherever it has exhibited itself by acts of insurrectionary character or
+of obstruction to process of law, has been repelled or suppressed by all
+the means which the Constitution and the laws place in the hands of the
+Executive.
+
+In those parts of the United States where, by reason of the inflamed
+state of the public mind, false rumors and misrepresentations have
+the greatest currency it has been assumed that it was the duty of the
+Executive not only to suppress insurrectionary movements in Kansas,
+but also to see to the regularity of local elections. It needs little
+argument to show that the President has no such power. All government in
+the United States rests substantially upon popular election. The freedom
+of elections is liable to be impaired by the intrusion of unlawful votes
+or the exclusion of lawful ones, by improper influences, by violence,
+or by fraud. But the people of the United States are themselves the
+all-sufficient guardians of their own rights, and to suppose that they
+will not remedy in due season any such incidents of civil freedom is
+to suppose them to have ceased to be capable of self-government. The
+President of the United States has not power to interpose in elections,
+to see to their freedom, to canvass their votes, or to pass upon their
+legality in the Territories any more than in the States. If he had such
+power the Government might be republican in form, but it would be a
+monarchy in fact; and if he had undertaken to exercise it in the case of
+Kansas he would have been justly subject to the charge of usurpation and
+of violation of the dearest rights of the people of the United States.
+
+Unwise laws, equally with irregularities at elections, are in periods
+of great excitement the occasional incidents of even the freest and
+best political institutions; but all experience demonstrates that in a
+country like ours, where the right of self-constitution exists in the
+completest form, the attempt to remedy unwise legislation by resort
+to revolution is totally out of place, inasmuch as existing legal
+institutions afford more prompt and efficacious means for the redress
+of wrong.
+
+I confidently trust that now, when the peaceful condition of Kansas
+affords opportunity for calm reflection and wise legislation, either
+the legislative assembly of the Territory or Congress will see that
+no act shall remain on its statute book violative of the provisions
+of the Constitution or subversive of the great objects for which
+that was ordained and established, and will take all other necessary
+steps to assure to its inhabitants the enjoyment, without obstruction or
+abridgment, of all the constitutional rights, privileges, and immunities
+of citizens of the United States, as contemplated by the organic law of
+the Territory.
+
+Full information in relation to recent events in this Territory will be
+found in the documents communicated herewith from the Departments of
+State and War.
+
+I refer you to the report of the Secretary of the Treasury for
+particular information concerning the financial condition of the
+Government and the various branches of the public service connected
+with the Treasury Department.
+
+During the last fiscal year the receipts from customs were for the first
+time more than $64,000,000, and from all sources $73,918,141, which,
+with the balance on hand up to the 1st of July, 1855, made the total
+resources of the year amount to $92,850,117. The expenditures, including
+$3,000,000 in execution of the treaty with Mexico and excluding sums
+paid on account of the public debt, amounted to $60,172,401, and
+including the latter to $72,948,792, the payment on this account having
+amounted to $12,776,390.
+
+On the 4th of March, 1853, the amount of the public debt was
+$69,129,937. There was a subsequent increase of $2,750,000 for the debt
+of Texas, making a total of $71,879,937. Of this the sum of $45,525,319,
+including premium, has been discharged, reducing the debt to
+$30,963,909, all which might be paid within a year without embarrassing
+the public service, but being not yet due and only redeemable at the
+option of the holder, can not be pressed to payment by the Government.
+
+On examining the expenditures of the last five years it will be seen
+that the average, deducting payments on account of the public debt and
+$10,000,000 paid by treaty to Mexico, has been but about $48,000,000.
+It is believed that under an economical administration of the Government
+the average expenditure for the ensuing five years will not exceed that
+sum, unless extraordinary occasion for its increase should occur. The
+acts granting bounty lands will soon have been executed, while the
+extension of our frontier settlements will cause a continued demand
+for lands and augmented receipts, probably, from that source. These
+considerations will justify a reduction of the revenue from customs
+so as not to exceed forty-eight or fifty million dollars. I think the
+exigency for such reduction is imperative, and again urge it upon the
+consideration of Congress.
+
+The amount of reduction, as well as the manner of effecting it,
+are questions of great and general interest, it being essential to
+industrial enterprise and the public prosperity, as well as the dictate
+of obvious justice, that the burden of taxation be made to rest as
+equally as possible upon all classes and all sections and interests
+of the country.
+
+I have heretofore recommended to your consideration the revision of
+the revenue laws, prepared under the direction of the Secretary of the
+Treasury, and also legislation upon some special questions affecting the
+business of that Department, more especially the enactment of a law to
+punish the abstraction of official books or papers from the files of the
+Government and requiring all such books and papers and all other public
+property to be turned over by the outgoing officer to his successor;
+of a law requiring disbursing officers to deposit all public money in
+the vaults of the Treasury or in other legal depositories, where the
+same are conveniently accessible, and a law to extend existing penal
+provisions to all persons who may become possessed of public money by
+deposit or otherwise and who shall refuse or neglect on due demand to
+pay the same into the Treasury. I invite your attention anew to each
+of these objects.
+
+The Army during the past year has been so constantly employed against
+hostile Indians in various quarters that it can scarcely be said, with
+propriety of language, to have been a peace establishment. Its duties
+have been satisfactorily performed, and we have reason to expect as
+a result of the year's operations greater security to the frontier
+inhabitants than has been hitherto enjoyed. Extensive combinations among
+the hostile Indians of the Territories of Washington and Oregon at one
+time threatened the devastation of the newly formed settlements of that
+remote portion of the country. From recent information we are permitted
+to hope that the energetic and successful operations conducted there
+will prevent such combinations in future and secure to those Territories
+an opportunity to make steady progress in the development of their
+agricultural and mineral resources.
+
+Legislation has been recommended by me on previous occasions to cure
+defects in the existing organization and to increase the efficiency of
+the Army, and further observation has but served to confirm me in the
+views then expressed and to enforce on my mind the conviction that such
+measures are not only proper, but necessary.
+
+I have, in addition, to invite the attention of Congress to a change of
+policy in the distribution of troops and to the necessity of providing
+a more rapid increase of the military armament. For details of these
+and other subjects relating to the Army I refer to the report of the
+Secretary of War.
+
+The condition of the Navy is not merely satisfactory, but exhibits the
+most gratifying evidences of increased vigor. As it is comparatively
+small, it is more important that it should be as complete as possible
+in all the elements of strength; that it should be efficient in the
+character of its officers, in the zeal and discipline of its men, in the
+reliability of its ordnance, and in the capacity of its ships. In all
+these various qualities the Navy has made great progress within the last
+few years. The execution of the law of Congress of February 28, 1855,
+"to promote the efficiency of the Navy," has been attended by the most
+advantageous results. The law for promoting discipline among the men
+is found convenient and salutary. The system of granting an honorable
+discharge to faithful seamen on the expiration of the period of their
+enlistment and permitting them to reenlist after a leave of absence
+of a few months without cessation of pay is highly beneficial in its
+influence. The apprentice system recently adopted is evidently destined
+to incorporate into the service a large number of our countrymen,
+hitherto so difficult to procure. Several hundred American boys are
+now on a three years' cruise in our national vessels and will return
+well-trained seamen. In the Ordnance Department there is a decided and
+gratifying indication of progress, creditable to it and to the country.
+The suggestions of the Secretary of the Navy in regard to further
+improvement in that branch of the service I commend to your favorable
+action.
+
+The new frigates ordered by Congress are now afloat and two of them in
+active service. They are superior models of naval architecture, and with
+their formidable battery add largely to public strength and security.
+I concur in the views expressed by the Secretary of the Department in
+favor of a still further increase of our naval force.
+
+The report of the Secretary of the Interior presents facts and views
+in relation to internal affairs over which the supervision of his
+Department extends of much interest and importance.
+
+The aggregate sales of the public lands during the last fiscal year
+amount to 9,227,878 acres, for which has been received the sum of
+$8,821,414. During the same period there have been located with military
+scrip and land warrants and for other purposes 30,100,230 acres, thus
+making a total aggregate of 39,328,108 acres. On the 30th of September
+last surveys had been made of 16,873,699 acres, a large proportion of
+which is ready for market.
+
+The suggestions in this report in regard to the complication and
+progressive expansion of the business of the different bureaus of the
+Department, to the pension system, to the colonization of Indian tribes,
+and the recommendations in relation to various improvements in the
+District of Columbia are especially commended to your consideration.
+
+The report of the Postmaster-General presents fully the condition of
+that Department of the Government. Its expenditures for the last fiscal
+year were $10,407,868 and its gross receipts $7,620,801, making an
+excess of expenditure over receipts of $2,787,046. The deficiency
+of this Department is thus $744,000 greater than for the year ending
+June 30, 1853. Of this deficiency $330,000 is to be attributed to the
+additional compensation allowed to postmasters by the act of Congress
+of June 22, 1854. The mail facilities in every part of the country have
+been very much increased in that period, and the large addition of
+railroad service, amounting to 7,908 miles, has added largely to the
+cost of transportation.
+
+The inconsiderable augmentation of the income of the Post-Office
+Department under the reduced rates of postage and its increasing
+expenditures must for the present make it dependent to some extent
+upon the Treasury for support. The recommendations of the
+Postmaster-General in relation to the abolition of the franking
+privilege and his views on the establishment of mail steamship lines
+deserve the consideration of Congress. I also call the special attention
+of Congress to the statement of the Postmaster-General respecting the
+sums now paid for the transportation of mails to the Panama Railroad
+Company, and commend to their early and favorable consideration the
+suggestions of that officer in relation to new contracts for mail
+transportation upon that route, and also upon the Tehuantepec and
+Nicaragua routes.
+
+The United States continue in the enjoyment of amicable relations with
+all foreign powers.
+
+When my last annual message was transmitted to Congress two subjects of
+controversy, one relating to the enlistment of soldiers in this country
+for foreign service and the other to Central America, threatened to
+disturb the good understanding between the United States and Great
+Britain. Of the progress and termination of the former question you were
+informed at the time, and the other is now in the way of satisfactory
+adjustment.
+
+The object of the convention between the United States and Great Britain
+of the 19th of April, 1850, was to secure for the benefit of all nations
+the neutrality and the common use of any transit way or interoceanic
+communication across the Isthmus of Panama which might be opened within
+the limits of Central America. The pretensions subsequently asserted by
+Great Britain to dominion or control over territories in or near two of
+the routes, those of Nicaragua and Honduras, were deemed by the United
+States not merely incompatible with the main object of the treaty, but
+opposed even to its express stipulations. Occasion of controversy on
+this point has been removed by an additional treaty, which our minister
+at London has concluded, and which will be immediately submitted to
+the Senate for its consideration. Should the proposed supplemental
+arrangement be concurred in by all the parties to be affected by it,
+the objects contemplated by the original convention will have been
+fully attained.
+
+The treaty between the United States and Great Britain of the 5th of
+June, 1854, which went into effective operation in 1855, put an end to
+causes of irritation between the two countries, by securing to the
+United States the right of fishery on the coast of the British North
+American Provinces, with advantages equal to those enjoyed by British
+subjects. Besides the signal benefits of this treaty to a large class of
+our citizens engaged in a pursuit connected to no inconsiderable degree
+with our national prosperity and strength, it has had a favorable effect
+upon other interests in the provision it made for reciprocal freedom of
+trade between the United States and the British Provinces in America.
+
+The exports of domestic articles to those Provinces during the last year
+amounted to more than $22,000,000, exceeding those of the preceding year
+by nearly $7,000,000; and the imports therefrom during the same period
+amounted to more than twenty-one million, an increase of six million
+upon those of the previous year.
+
+The improved condition of this branch of our commerce is mainly
+attributable to the above-mentioned treaty.
+
+Provision was made in the first article of that treaty for a commission
+to designate the mouths of rivers to which the common right of fishery
+on the coast of the United States and the British Provinces was not to
+extend. This commission has been employed a part of two seasons, but
+without much progress in accomplishing the object for which it was
+instituted, in consequence of a serious difference of opinion between
+the commissioners, not only as to the precise point where the rivers
+terminate, but in many instances as to what constitutes a river. These
+difficulties, however, may be overcome by resort to the umpirage
+provided for by the treaty.
+
+The efforts perseveringly prosecuted since the commencement of my
+Administration to relieve our trade to the Baltic from the exaction of
+Sound dues by Denmark have not yet been attended with success. Other
+governments have also sought to obtain a like relief to their commerce,
+and Denmark was thus induced to propose an arrangement to all the
+European powers interested in the subject, and the manner in which her
+proposition was received warranting her to believe that a satisfactory
+arrangement with them could soon be concluded, she made a strong appeal
+to this Government for temporary suspension of definite action on its
+part, in consideration of the embarrassment which might result to her
+European negotiations by an immediate adjustment of the question with
+the United States. This request has been acceded to upon the condition
+that the sums collected after the 16th of June last and until the 16th
+of June next from vessels and cargoes belonging to our merchants are to
+be considered as paid under protest and subject to future adjustment.
+There is reason to believe that an arrangement between Denmark and the
+maritime powers of Europe on the subject will be soon concluded, and
+that the pending negotiation with the United States may then be resumed
+and terminated in a satisfactory manner.
+
+With Spain no new difficulties have arisen, nor has much progress been
+made in the adjustment of pending ones.
+
+Negotiations entered into for the purpose of relieving our commercial
+intercourse with the island of Cuba of some of its burdens and providing
+for the more speedy settlement of local disputes growing out of that
+intercourse have not yet been attended with any results.
+
+Soon after the commencement of the late war in Europe this Government
+submitted to the consideration of all maritime nations two principles
+for the security of neutral commerce--one that the neutral flag should
+cover enemies' goods, except articles contraband of war, and the other
+that neutral property on board merchant vessels of belligerents should
+be exempt from condemnation, with the exception of contraband articles.
+These were not presented as new rules of international law, having
+been generally claimed by neutrals, though not always admitted by
+belligerents. One of the parties to the war (Russia), as well as several
+neutral powers, promptly acceded to these propositions, and the two
+other principal belligerents (Great Britain and France) having consented
+to observe them for the present occasion, a favorable opportunity seemed
+to be presented for obtaining a general recognition of them, both in
+Europe and America.
+
+But Great Britain and France, in common with most of the States of
+Europe, while forbearing to reject, did not affirmatively act upon the
+overtures of the United States.
+
+While the question was in this position the representatives of Russia,
+France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled
+at Paris, took into consideration the subject of maritime rights,
+and put forth a declaration containing the two principles which this
+Government had submitted nearly two years before to the consideration
+of maritime powers, and adding thereto the following propositions:
+"Privateering is and remains abolished," and "Blockades in order to
+be binding must be effective; that is to say, maintained by a force
+sufficient really to prevent access to the coast of the enemy;" and to
+the declaration thus composed of four points, two of which had already
+been proposed by the United States, this Government has been invited to
+accede by all the powers represented at Paris except Great Britain and
+Turkey. To the last of the two additional propositions--that in relation
+to blockades--there can certainly be no objection. It is merely the
+definition of what shall constitute the effectual investment of a
+blockaded place, a definition for which this Government has always
+contended, claiming indemnity for losses where a practical violation
+of the rule thus defined has been injurious to our commerce. As to the
+remaining, article of the declaration of the conference of Paris, that
+"privateering is and remains abolished," I certainly can not ascribe to
+the powers represented in the conference of Paris any but liberal and
+philanthropic views in the attempt to change the unquestionable rule of
+maritime law in regard to privateering. Their proposition was doubtless
+intended to imply approval of the principle that private property upon
+the ocean, although it might belong to the citizens of a belligerent
+state, should be exempted from capture; and had that proposition been so
+framed as to give full effect to the principle, it would have received
+my ready assent on behalf of the United States. But the measure proposed
+is inadequate to that purpose. It is true that if adopted private
+property upon the ocean would be withdrawn from one mode of plunder,
+but left exposed meanwhile to another mode, which could be used with
+increased effectiveness. The aggressive capacity of great naval powers
+would be thereby augmented, while the defensive ability of others would
+be reduced. Though the surrender of the means of prosecuting hostilities
+by employing privateers, as proposed by the conference of Paris, is
+mutual in terms, yet in practical effect it would be the relinquishment
+of a right of little value to one class of states, but of essential
+importance to another and a far larger class. It ought not to have been
+anticipated that a measure so inadequate to the accomplishment of the
+proposed object and so unequal in its operation would receive the assent
+of all maritime powers. Private property would be still left to the
+depredations of the public armed cruisers.
+
+I have expressed a readiness on the part of this Government to accede
+to all the principles contained in the declaration of the conference of
+Paris provided that the one relating to the abandonment of privateering
+can be so amended as to effect the object for which, as is presumed, it
+was intended--the immunity of private property on the ocean from hostile
+capture. To effect this object, it is proposed to add to the declaration
+that "privateering is and remains abolished" the following amendment:
+
+
+ And that the private property of subjects and citizens of a belligerent
+ on the high seas shall be exempt from seizure by the public armed
+ vessels of the other belligerent, except it be contraband.
+
+
+This amendment has been presented not only to the powers which have
+asked our assent to the declaration to abolish privateering, but to all
+other maritime states. Thus far it has not been rejected by any, and is
+favorably entertained by all which have made any communication in reply.
+
+Several of the governments regarding with favor the proposition of
+the United States have delayed definitive action upon it only for the
+purpose of consulting with others, parties to the conference of Paris.
+I have the satisfaction of stating, however, that the Emperor of Russia
+has entirely and explicitly approved of that modification and will
+cooperate in endeavoring to obtain the assent of other powers, and that
+assurances of a similar purport have been received in relation to the
+disposition of the Emperor of the French.
+
+The present aspect of this important subject allows us to cherish the
+hope that a principle so humane in its character, so just and equal in
+its operation, so essential to the prosperity of commercial nations, and
+so consonant to the sentiments of this enlightened period of the world
+will command the approbation of all maritime powers, and thus be
+incorporated into the code of international law.
+
+My views on the subject are more fully set forth in the reply of the
+Secretary of State, a copy of which is herewith transmitted, to the
+communications on the subject made to this Government, especially to
+the communication of France.
+
+The Government of the United States has at all times regarded with
+friendly interest the other States of America, formerly, like this
+country, European colonies, and now independent members of the great
+family of nations. But the unsettled condition of some of them,
+distracted by frequent revolutions, and thus incapable of regular and
+firm internal administration, has tended to embarrass occasionally our
+public intercourse by reason of wrongs which our citizens suffer at
+their hands, and which they are slow to redress.
+
+Unfortunately, it is against the Republic of Mexico, with which it
+is our special desire to maintain a good understanding, that such
+complaints are most numerous; and although earnestly urged upon its
+attention, they have not as yet received the consideration which this
+Government had a right to expect. While reparation for past injuries has
+been withheld, others have been added. The political condition of that
+country, however, has been such as to demand forbearance on the part of
+the United States. I shall continue my efforts to procure for the wrongs
+of our citizens that redress which is indispensable to the continued
+friendly association of the two Republics.
+
+The peculiar condition of affairs in Nicaragua in the early part of the
+present year rendered it important that this Government should have
+diplomatic relations with that State. Through its territory had been
+opened one of the principal thoroughfares across the isthmus connecting
+North and South America, on which a vast amount of property was
+transported and to which our citizens resorted in great numbers in
+passing between the Atlantic and Pacific coasts of the United States.
+The protection of both required that the existing power in that State
+should be regarded as a responsible Government, and its minister was
+accordingly received. But he remained here only a short time. Soon
+thereafter the political affairs of Nicaragua underwent unfavorable
+change and became involved in much uncertainty and confusion. Diplomatic
+representatives from two contending parties have been recently sent to
+this Government, but with the imperfect information possessed it was not
+possible to decide which was the Government _de facto_, and, awaiting
+further developments, I have refused to receive either.
+
+Questions of the most serious nature are pending between the United
+States and the Republic of New Granada. The Government of that Republic
+undertook a year since to impose tonnage duties on foreign vessels in
+her ports, but the purpose was resisted by this Government as being
+contrary to existing treaty stipulations with the United States and
+to rights conferred by charter upon the Panama Railroad Company, and
+was accordingly relinquished at that time, it being admitted that our
+vessels were entitled to be exempt from tonnage duty in the free ports
+of Panama and Aspinwall. But the purpose has been recently revived on
+the part of New Granada by the enactment of a law to subject vessels
+visiting her ports to the tonnage duty of 40 cents per ton, and although
+the law has not been put in force, yet the right to enforce it is still
+asserted and may at any time be acted on by the Government of that
+Republic.
+
+The Congress of New Granada has also enacted a law during the last
+year which levies a tax of more than $3 on every pound of mail matter
+transported across the Isthmus. The sum thus required to be paid on
+the mails of the United States would be nearly $2,000,000 annually in
+addition to the large sum payable by contract to the Panama Railroad
+Company. If the only objection to this exaction were the exorbitancy
+of its amount, it could not be submitted to by the United States.
+
+The imposition of it, however, would obviously contravene our treaty
+with New Granada and infringe the contract of that Republic with the
+Panama Railroad Company. The law providing for this tax was by its terms
+to take effect on the ist of September last, but the local authorities
+on the Isthmus have been induced to suspend its execution and to await
+further instructions on the subject from the Government of the Republic.
+I am not yet advised of the determination of that Government. If a
+measure so extraordinary in its character and so clearly contrary to
+treaty stipulations and the contract rights of the Panama Railroad
+Company, composed mostly of American citizens, should be persisted
+in, it will be the duty of the United States to resist its execution.
+
+I regret exceedingly that occasion exists to invite your attention to
+a subject of still graver import in our relations with the Republic of
+New Granada. On the 15th day of April last a riotous assemblage of the
+inhabitants of Panama committed a violent and outrageous attack on the
+premises of the railroad company and the passengers and other persons
+in or near the same, involving the death of several citizens of the
+United States, the pillage of many others, and the destruction of a
+large amount of property belonging to the railroad company. I caused
+full investigation of that event to be made, and the result shows
+satisfactorily that complete responsibility for what occurred attaches
+to the Government of New Granada. I have therefore demanded of that
+Government that the perpetrators of the wrongs in question should be
+punished; that provision should be made for the families of citizens of
+the United States who were killed, with full indemnity for the property
+pillaged or destroyed.
+
+The present condition of the Isthmus of Panama, in so far as regards
+the security of persons and property passing over it, requires serious
+consideration. Recent incidents tend to show that the local authorities
+can not be relied on to maintain the public peace of Panama, and there
+is just ground for apprehension that a portion of the inhabitants are
+meditating further outrages, without adequate measures for the security
+and protection of persons or property having been taken, either by the
+State of Panama or by the General Government of New Granada.
+
+Under the guaranties of treaty, citizens of the United States have, by
+the outlay of several million dollars, constructed a railroad across
+the Isthmus, and it has become the main route between our Atlantic
+and Pacific possessions, over which multitudes of our citizens and a
+vast amount of property are constantly passing; to the security and
+protection of all which and the continuance of the public advantages
+involved it is impossible for the Government of the United States to
+be indifferent.
+
+I have deemed the danger of the recurrence of scenes of lawless violence
+in this quarter so imminent as to make it my duty to station a part of
+our naval force in the harbors of Panama and Aspinwall, in order to
+protect the persons and property of the citizens of the United States
+in those ports and to insure to them safe passage across the Isthmus.
+And it would, in my judgment, be unwise to withdraw the naval force now
+in those ports until, by the spontaneous action of the Republic of New
+Granada or otherwise, some adequate arrangement shall have been made for
+the protection and security of a line of interoceanic communication, so
+important at this time not to the United States only, but to all other
+maritime states, both of Europe and America.
+
+Meanwhile negotiations have been instituted, by means of a special
+commission, to obtain from New Granada full indemnity for injuries
+sustained by our citizens on the Isthmus and satisfactory security
+for the general interests of the United States.
+
+In addressing to you my last annual message the occasion seems to me
+an appropriate one to express my congratulations, in view of the peace,
+greatness, and felicity which the United States now possess and enjoy.
+To point you to the state of the various Departments of the Government
+and of all the great branches of the public service, civil and military,
+in order to speak of the intelligence and the integrity which pervades
+the whole, would be to indicate but imperfectly the administrative
+condition of the country and the beneficial effects of that on the
+general welfare. Nor would it suffice to say that the nation is actually
+at peace at home and abroad; that its industrial interests are
+prosperous; that the canvas of its mariners whitens every sea, and the
+plow of its husbandmen is marching steadily onward to the bloodless
+conquest of the continent; that cities and populous States are springing
+up, as if by enchantment, from the bosom of our Western wilds, and that
+the courageous energy of our people is making of these United States
+the great Republic of the world. These results have not been attained
+without passing through trials and perils, by experience of which,
+and thus only, nations can harden into manhood. Our forefathers were
+trained to the wisdom which conceived and the courage which achieved
+independence by the circumstances which surrounded them, and they were
+thus made capable of the creation of the Republic. It devolved on the
+next generation to consolidate the work of the Revolution, to deliver
+the country entirely from the influences of conflicting transatlantic
+partialities or antipathies which attached to our colonial and
+Revolutionary history, and to organize the practical operation of
+the constitutional and legal institutions of the Union. To us of
+this generation remains the not less noble task of maintaining and
+extending the national power. We have at length reached that stage
+of our country's career in which the dangers to be encountered and
+the exertions to be made are the incidents, not of weakness, but of
+strength. In foreign relations we have to attemper our power to the less
+happy condition of other Republics in America and to place ourselves in
+the calmness and conscious dignity of right by the side of the greatest
+and wealthiest of the Empires of Europe. In domestic relations we have
+to guard against the shock of the discontents, the ambitions, the
+interests, and the exuberant, and therefore sometimes irregular,
+impulses of opinion or of action which are the natural product of the
+present political elevation, the self-reliance, and the restless spirit
+of enterprise of the people of the United States.
+
+I shall prepare to surrender the Executive trust to my successor and
+retire to private life with sentiments of profound gratitude to the good
+Providence which during the period of my Administration has vouchsafed
+to carry the country through many difficulties, domestic and foreign,
+and which enables me to contemplate the spectacle of amicable and
+respectful relations between ours and all other governments and the
+establishment of constitutional order and tranquillity throughout the
+Union.
+
+FRANKLIN PIERCE.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 2, 1856_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[63] from the Secretary of State, in
+compliance with the resolution of the House of Representatives of the
+7th of August last.
+
+FRANKLIN PIERCE.
+
+[Footnote 63: Stating that the correspondence in the Departments of State
+and of the Navy relative to Hamet Caramally had been transmitted to
+Congress.]
+
+
+
+WASHINGTON, _December 8, 1856_.
+
+_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 Siam, concluded
+at Bangkok on the 29th day of May last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 10, 1856_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty for the settlement of the questions which have
+come into discussion between the United States and Great Britain
+relative to Central America, concluded and signed at London on the
+17th day of October last between the United States and Great Britain.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _December 12, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of the 20th of May last from the
+commissioner of the United States in China, and of the decree and
+regulations[64] which accompanied it, for such revision thereof as
+Congress may deem expedient, pursuant to the sixth section of the
+act approved 11th August, 1848.
+
+FRANKLIN PIERCE.
+
+[Footnote 64: For judicial jurisdiction by acting consuls or vice-consuls
+of the United States in China.]
+
+
+
+WASHINGTON, _December 15, 1856_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress an extract from a letter of the 22d ultimo from
+the governor of the Territory of Kansas to the Secretary of State, with
+a copy of the executive minutes[65] to which it refers. These documents
+have been received since the date of my message at the opening of the
+present session.
+
+FRANKLIN PIERCE.
+
+[Footnote 65: Containing a history of Kansas affairs.]
+
+
+
+WASHINGTON, _December 29, 1856_.
+
+_To the Senate of the United States_:
+
+In compliance with, a resolution of the Senate of the 23d instant,
+requesting the President "to communicate to the Senate, if not
+incompatible with the public interest, such information as he may have
+concerning the present condition and prospects of a proposed plan for
+connecting by submarine wires the magnetic telegraph lines on this
+continent and Europe," I transmit the accompanying report from the
+Secretary of State.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 6, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[66] in answer to the resolution of the Senate of the 2d instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 66: Relating to the refusal of the minister to the United
+States from the Netherlands to testify before the criminal court of
+the District of Columbia.]
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 4th August, 1856,
+and 9th January instant, I transmit herewith a report from the Secretary
+of State, together with the documents[67] therein referred to.
+
+FRANKLIN PIERCE.
+
+[Footnote 67: Relating to the claims of certain American citizens for
+losses consequent upon their expulsion by Venezuelan authorities from
+one of the Aves Islands, while collecting guano.]
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+_To the Senate of the United States_:
+
+I again transmit to the Senate, for its advice and consent with a
+view to ratification, the convention between the United States and
+His Majesty the King of the Netherlands, for the mutual delivery
+of criminals fugitives from justice in certain cases, and for
+other purposes, which was concluded at The Hague on the 29th day
+of May, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[68] in answer to the resolution of the Senate of the 7th
+instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 68: Correspondence and documents connected with the treaty
+concluded at London between the United States and Great Britain
+October 17, 1856, relative to Central America.]
+
+
+
+WASHINGTON, _January 12, 1857_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+In compliance with the resolution of the House of Representatives of the
+22d ultimo, in relation to information with regard to expenditures and
+liabilities for persons called into the service of the United States
+in the Territory of Kansas, I transmit the accompanying report of the
+Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 13, 1857_.
+
+_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 Republic
+of Peru relative to the rights of neutrals at sea, signed at Lima by
+the plenipotentiaries of the parties on the 22d of July last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 16, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded at Fort Leavenworth, Kansas
+Territory, on the 16th day of December, 1856, between Indian Agent
+Benjamin F. Robinson, commissioner on the part of the United States,
+the principal men of the Christian Indians, and Gottleib F. Oehler, on
+behalf of the board of elders of the northern diocese of the Church of
+the United Brethren in the United States of America.
+
+Among the papers which accompany the treaty is a communication from the
+Commissioner of Indian Affairs, containing a recommendation, concurred
+in by the Secretary of the Interior, that the treaty be ratified with
+an amendment which is therein explained.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 19, 1857_.
+
+_To the Senate and House of Representatives_:
+
+Soon after the close of the last session of Congress I directed steps to
+be taken to carry into effect the joint resolution of August 28, 1856
+relative to the restoration of the ship _Resolute_ to Her Britannic
+Majesty's service. The ship was purchased of the salvors at the sum
+appropriated for the purchase, and "after being fully repaired and
+equipped" was sent to England under control of the Secretary of the
+Navy, The letter from Her Majesty's minister for foreign affairs, now
+communicated to Congress in conformity with his request, and copies of
+correspondence from the files of the Departments of State and of the
+Navy, also transmitted herewith, will apprise you of the manner in which
+the joint resolution has been fully executed and show how agreeable the
+proceeding has been to Her Majesty's Government.
+
+FRANKLIN PIERCE.
+
+
+WASHINGTON, _January, 1857_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress copies of a communication from His Excellency
+Andrew Johnson, governor of the State of Tennessee, tendering to the
+Government of the United States "500 acres of the late residence of
+Andrew Jackson, deceased, including the mansion, tomb, and other
+improvements, known as the Hermitage," upon the terms and conditions
+of an act of the legislature of said State, a copy of which is also
+herewith communicated.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 20, 1857_.
+
+_To the House of Representatives_:
+
+In response to a resolution of January 5, 1857, requesting the President
+to inform the House of Representatives "by what authority a Government
+architect is employed and paid for designing and erecting all public
+buildings, and also for placing said buildings under the supervision
+of military engineers," I submit the accompanying reports from the
+Secretary of the Treasury and the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 21, 1857_.
+
+_To the House of Representatives_:
+
+In further compliance with resolution of the House of Representatives of
+the 22d ultimo, calling upon me for "statements of the amounts of money
+paid and liabilities incurred for the pay, support, and other expenses
+of persons called into the service of the United States in the Territory
+of Kansas, either under the designation of the militia of Kansas or of
+posses summoned by the civil officers in that Territory, since the date
+of its establishment; also statements of the amounts paid to marshals,
+sheriffs, and other deputies, and to witnesses and for other expenses in
+the arrest, detention, and trial of persons charged in said Territory
+with treason against the United States or with violations of the alleged
+laws of said Territory," I transmit a report from the Secretary of the
+Treasury, with accompanying documents.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 28, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, a treaty made and concluded at Grand Portage, in the Territory
+of Minnesota, on the 16th day of September, 1856, between Henry C.
+Gilbert, Indian agent, acting as commissioner on the part of the United
+States, and the Bois Porte bands of Chippewa Indians, by their chiefs
+and headmen.
+
+The treaty is accompanied by communications from the Secretary of the
+Interior, transmitting a letter to him from the Commissioner of Indian
+Affairs and a report from Agent Gilbert of the 24th December, 1856.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _January 30, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate passed December 23, 1856,
+requesting "any information upon the files of the Department in relation
+to pay and emoluments of Lieutenant-General Scott or his staff under the
+resolution of February 15, 1855, which may not have been communicated in
+Executive Document No. 56, first session Thirty-fourth Congress," and a
+resolution passed December 30, requesting "a statement of all payments
+and allowances which have been made, and of all claims which have been
+disallowed, to Brevet Lieutenant-General Scott from the date when he
+joined the army serving in Mexico up to December 1, 1856," and "also
+copies of all correspondence on file in the Executive Departments
+relating to said claims, payments, or allowances," I herewith transmit
+a report of the Secretary of War, to whom the resolutions were referred
+in order that the information, statements, and copies of correspondence
+therein required might be prepared and furnished.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 4, 1857_.
+
+_To the Senate of the United States_:
+
+In answer to the resolutions of the Senate of yesterday, adopted in
+executive session, I transmit reports[69] from the Secretary of State,
+to whom they were referred.
+
+FRANKLIN PIERCE.
+
+[Footnote 69: Relating to the convention between Great Britain and
+Honduras respecting the island of Ruatan.]
+
+
+
+WASHINGTON, _February 4, 1857_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with
+accompanying documents,[70] in answer to the resolution of the
+House of December 26, 1854.
+
+FRANKLIN PIERCE.
+
+[Footnote 70: Consular returns on shipping, shipbuilding, etc., in
+foreign countries.]
+
+
+
+WASHINGTON, _February 9, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[71] in answer to the resolution of the Senate of the 30th ultimo.
+
+FRANKLIN PIERCE.
+
+[Footnote 71: Relating to the proclamation of martial law in Washington
+Territory, etc.]
+
+
+
+WASHINGTON, _February 11, 1857_.
+
+_To the Senate of the United States_:
+
+In further compliance with a resolution of the Senate of the 5th
+instant, requesting me to communicate transcripts of papers relative
+to the proclamation of martial law by Governor Stevens, of Washington
+Territory, I transmit the accompanying report from the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 11, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty of friendship and commerce between the United
+States and the Shah of Persia, signed by the plenipotentiaries of the
+parties at Constantinople on the 13th of December last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 11, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, articles of agreement and convention made and concluded at the
+places and dates therein named by Joel Palmer, superintendent of Indian
+affairs, on the part of the United States, and the chiefs and headmen
+of the confederate tribes and bands of Indians residing along the coast
+west of the summit of the Coast Range of mountains and between the
+Columbia River on the north and the southern boundary of Oregon on the
+south. A letter from the Secretary of the Interior, including one from
+the Commissioner of Indian Affairs, accompanies the treaty.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 14, 1857_.
+
+_To the House of Representatives_:
+
+In compliance with a resolution of the House of Representatives of the
+19th ultimo, requesting me "to furnish to the House all correspondence
+and documents, not incompatible with the public interest, relating to
+Indian affairs in the Department of the Pacific, those of the Interior
+as well as those of the War Department," I transmit the accompanying
+report and documents from the Secretary of War.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February, 1857_.
+
+_To the House of Representatives of the United States_:
+
+I communicate herewith a letter of the Secretary of War, recommending
+an appropriation of $10,000 for the purpose of instituting a series of
+researches for the discovery of a more efficient mode of manufacturing
+niter.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 16, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 4th of August
+last, calling for information in relation to certain internal
+improvements, I transmit reports[72] from the Secretary of the Treasury
+and the Secretary of War.
+
+FRANKLIN PIERCE.
+
+[Footnote 72: Appropriations made by Congress within eleven years for
+light-houses, beacons, buoys, etc, on Lakes Superior, Michigan, Huron,
+St. Clair, Erie, Ontario, and Champlain; duties collected and expenses
+of collection at each of the lake ports annually for eleven fiscal
+years, ending June 30, 1856; tonnage of the lake ports, etc.]
+
+
+
+WASHINGTON, _February 19, 1857_.
+
+_To the Senate of the United States_:
+
+I transmit for the consideration of the Senate with a view to
+ratification a consular convention between the United States and the
+Republic of Chili, signed by the plenipotentiaries of the parties at
+the city of Santiago on the 1st day of December last.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _February 23, 1857_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, with accompanying
+papers,[73] in answer to the resolution of the House of Representatives
+of the 6th instant.
+
+FRANKLIN PIERCE.
+
+[Footnote 73: Relating to the claim of F. Dainese for salary, expenses,
+etc., while acting consul at Constantinople.]
+
+
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Attorney-General, in reply to
+the resolution[74] of the Senate in executive session of the 19th instant.
+
+FRANKLIN PIERCE.
+
+FEBRUARY 23, 1857.
+
+[Footnote 74: Asking whether Samuel D. Lecompte has been allowed to
+perform the functions of chief justice of the Territory of Kansas
+since the nomination of J.O. Harrison to that office.]
+
+
+
+_To the Senate of the United States_:
+
+I communicate herewith a report from the Attorney-General, in reply
+to the resolution of the Senate of the 20th instant, asking for
+correspondence of Samuel D. Lecompte, chief justice of the Territory
+of Kansas.[75]
+
+FRANKLIN PIERCE.
+
+FEBRUARY 23, 1857.
+
+[Footnote 75: Explanatory of his judicial conduct in the Territory of
+Kansas.]
+
+
+
+WASHINGTON, _March 2, 1857_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a letter[76] from the Secretary of the Navy,
+in response to a resolution of the Senate of August 15, 1856.
+
+Concurring in the views presented in the documents to which the
+Secretary of the Navy refers, I am not prepared at this time to
+recommend any legislation on the subject.
+
+FRANKLIN PIERCE.
+
+[Footnote 76: Relating to the discontinuance or change of location of
+any navy-yard or naval station on the Atlantic Seaboard.]
+
+
+
+WASHINGTON, _March 2, 1857_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 20th ultimo, in
+relation to correspondence between the Treasury and Interior Departments
+and Edward F. Beale, late superintendent of Indian affairs in California,
+and accounts of remittances, etc., I transmit the accompanying
+report from the Secretary of the Treasury.
+
+FRANKLIN PIERCE.
+
+
+
+WASHINGTON, _March 3, 1857_.
+
+_To the House of Representatives_:
+
+As a further answer to resolutions of the House of Representatives
+adopted on the 6th and 10th of February, I transmit a second report
+from the Secretary of State, relating to the "accounts," "claims," and
+"difficulties" at Constantinople, referred to in said resolutions.
+
+FRANKLIN PIERCE.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas objects of interest to the United States require that the Senate
+should be convened at 12 o'clock on the 4th of March next to receive and
+act upon such communications as may be made to it on the part of the
+Executive:
+
+Now, therefore, I, Franklin Pierce, President of the United States, have
+considered it to be my duty to issue this my proclamation, 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 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 16th day of February, A.D. 1857, and of the Independence of the
+United States the eighty-first.
+
+FRANKLIN PIERCE.
+
+By the President:
+ W.L. MARCY,
+ _Secretary of State_.
+
+
+
+
+
+End of the Project Gutenberg EBook of A Compilation of the Messages and
+Papers of the Presidents, by James D. Richardson
+
+*** END OF THIS PROJECT GUTENBERG EBOOK FRANKLIN PIERCE ***
+
+***** This file should be named 11125.txt or 11125.zip *****
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