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Richardson. + </title> + <style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; font-size: 80%; } + CENTER { padding: 10px;} + // --> + </style> + </head> + <body> + + +<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> + + </p> + <p> + + </p> + <h2> + Franklin Pierce + </h2> + <h3> + March 4, 1853, to March 4, 1857 + </h3> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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—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—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. + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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 + 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. + </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—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. + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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 Josè 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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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—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. + </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— + </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—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> + + </p> + <p> + + </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> + + </p> + <p> + + </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—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. + </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—forts, magazines, + arsenals, and dockyards—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—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. + </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—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— + </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—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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas 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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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—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. + </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—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. + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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, 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. + </p> + <p class="r"> + FRANKLIN PIERCE. + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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—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. + </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—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. + </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— + </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 + 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. + </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— + </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 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— + </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 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. + </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 Vendémiaire, + 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 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. + </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 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. + </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> + + </p> + <p> + + </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— + </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— + </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—the <i>Atlantic, Pacific, Arctic</i>, and + <i>Baltic</i>—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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the Congress of the United States + 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—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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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—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—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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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—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. + </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—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. + </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—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. + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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—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. + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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—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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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 + 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. + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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 Percé 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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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 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." + </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> + + </p> + <p> + + </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—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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas 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> + + </p> + <p> + + </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—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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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° 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. + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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—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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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—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. + </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—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—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. + </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—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—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. + </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—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—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—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. + </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—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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas 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> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </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 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. + </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 & 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. 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